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Price 12s. 6d. cloth, . i “This is the first issue of this most useful magisterial guide since the death of the author, and we may say without hesitation that its value is enhanced by the careful editorship of Mr. W. S. Shirley.” Law Times, Feb. 25, 1888. *.* AU Standard Law Works are kept in stock, in lano calf and other bindings. reg oe Y epose: MIME 2 mM Cornell Law Srhonl Library THE MAGISTERIAL LAW BRITISH GUIANA. THE ORDINANCE LAW, WITH NOTES, AND REFERENCES TO THE DECISIONS OF THE REVIEW COURT AFFECTING THE PROCEDURE, JURISDICTION, AND DUTIES OF THE STIPENDIARY JUSTICES OF THE PEACE OF BRITISH GUIANA. BY ALFRED JOHN POUND, M.A. (Oxon), BARRISTER-ATLAW, AND EX-STIPENDIARY JUSTICE OF THE PEACE IN AND FOR THE COLONY OF BRITISH GUIANA. DEMERARA: THE ROYAL GAZETTE ESTABLISHMENT, MAIN STREET. LONDON : J. HADDON & CO., 8, BOUVERIE STREET, FLEET STREET. 1877. Mbys TO THE MANY KIND FRIENDS, AND NUMEROUS ACQUAINTANCES, LEFT BEHIND IN BRITISH GUIANA, THIS WORK Is MOST RESPECTFULLY DEDICATED. KHN ase A eth PRHFACH. TE work now submitted to the public in British Guiana has been compiled by the author with the view of supplying a want which he personally experienced while a Stipendiary Magistrate in that Colony. It is only to be regretted that the work has appeared so much later than originally intended and advertised; and the excuse must be the convenience of issuing a work at the time of a change in the Governorship— a breathing time, forming a fit era to close a work of this kind, but an event not contemplated at the time of the first advertisement of this work. It has been attempted to incorporate in the text notes of the most important of the decisions of the Review Court to be found in Messrs. Dampier and Maxwell’s excellent Reports, as well as a précis of those decisions that have been given since the date of that work up to Christmas 1876. The author wishes to take this opportunity of stating how much he was indebted to the late Registrar-General (Mr. Hitzler), for the facilities he gave him in obtaining the unpublished decisions of the Review Court. The present Inspector-General of Police (Mr. Cox) has also the author’s thanks for considerable assistance rendered in the preparation of this work. Last, and not least, the author’s best thanks are due to Mr. Thomson, of the Royal Gazette Office, for keeping the author posted in law news while absent from the Colony, as well as for no little assistance while resident in it. vi PREFACE. It is feared that, in spite of every precaution, some printer's errors remain in the text; but it is hoped that they are not such as to mislead the reader. It is hoped that the numerous abbreviations which have very much reduced the bulk of the work will not have in any way impaired its usefulness. Regarding the work as a text-book, and not as a copy of the ordinances, the author has cut out all verbiage, which, however necessary to the formality and conducive to the dignity of an ordinance, when removed in no way affects the enacting clauses. With these few remarks the author commits his work to the public, hoping his expectations of its usefulness may not be altogether disappointed. Park Virw, Wroxatx, Istz or Wieut, August, 1877, LIST OF REPORTED CASES REFERRED TO IN THIS WORK. PAGE Abdolah v. Barclay . ‘3 20 Adams v. Agard . , - 688 » ¥v. Clarke 7 510 » v Mayers. 3 505, 507 Albert v. Douglas ‘ 21, 691 Alicock v. Van Lange. 222 Alves v. Henry 548 Amos v. Haley . 21, 384 Applethwaite wv. Fanset 246 Ardolahv. Barclay . 688 Arthur v. Moore . 687 Arnold v. Gomes. 39, 243 Austin v. Moses . . 687 Bacchus v. Warren 28 ‘Baker v. Campbell 271 » v. Tappin . . 247 Barclay v. Twan 687 Bascom v, Hazzard 209 » ¥v. Norton 687 » % Relsa. 210 » % Stover. 385 Battenburg v. Burnham 550 Beete v. Kelly . = 599 Belgrave v. Seeley 38 Bell v. Samuel 506 Ben v. Mitchelson 500, 602 Benjamin vy. Barcom . . 687 Blank v. Mulligan . » 549 Bob v. Wolsley . 4 » 210 Bollen v. Straker. 260 Boodah v, Bughoo 434, ee Boodhoo v. Greenslade . Bracey. v. McTurk ‘ a Braithwaite v. Dummett . 729 Bremner v. Joycurn . . 840 ev. Wight « . 220 Bullock 2. Banlah ‘ 343 » v. Beekharam. 339 Bunbury v. Adolphus . 38 Burgan v. Oliver. 420 PAGE Burrows v. Yip-loi-kim . 267 » Ferrara. : 47 Butler v. Douglas . 19, 28 Carbery v. Dunn . : » 454 Carreiro v, Cuckow . 23, 27 Carruthers v. Joseph . 603, 605 i ».Khoon-dun-surg 343 Chanapoo v. Burrowes . 682 Clarke v. Grey. - 687, 690 Clementson v. Comache 19, 21, 336 Clonston v. Fraser 420 Colvin v. Leacock 603 Constantine v. Hubbard. 20 Coombs v. Butler . 431 Cox v. Bascom . 5, 21, 336 Cross v. Cuckow . 7 ‘ 17 Crotz v. De Freitas - 605 Cuckow v. De Jesus . 20, 41, 246 » % Perot . 269, 271 Cuvelje v. Landing 235 D’Abrio v. Darrell 625 D’Aguiar v. Darrell. . 255 a ~. Gordon . 22, 235 ». Harris 4, 32 Dandrade ». Lang 625 Daniel v. Ridley : 20 Darrell vy, Gardner, . 270 David v. De Silva : . 3884 » % Hosannah , 27, 504 » Jackman . 45, 47, 276 Dawson v, Gonsalves . . 691 De Cambra v. Ben 38, 533, 534 a », Straker . 43, 625 De Cross v, Cuckow 260 De Freitas v. Wight . 4,17, 43 45 v. Cuckow - 625 De Gar v. Coria . 19, 434, 436 De Govia v. Greenslade 150 De Guara v. Watson . 23 De Jesus v. Brumell 19 “viii PAGE De John vw. Rankin . 504 D’Oliveira v. Bolton . . 625 re ». Backer . . 218 3 ». Darrell 3, 33, 246 v, Leacock . . 260 D'Ornellas v. Leacock— 43, 243, 258, 259 <4 v. Wells 243, 258, 259 De Silva v. Burrows . . 278 4 v. Greaves ‘ a » 9». Hill. 505, 625 » v. Mann ‘ ‘ 38 - v. Pereira . 19, 38, 418 De Souza v. Griffin 624 9 v. Wight , 225 Dora v. Fraser é . 605 Dos Santos v. Cressall . 27, 625 Dublin v. Gray 210 Duggin v. Crawford 269 » , % Mendonca - .» 218 Duke », Bury . 210 Dundas v. Causer ‘ 210 Edwards v. Bacchus 384 . v. Cambridge 505 Eppilie v. Burrowes, xviii — 38, 39, 40, 272, 481 Estwich ». Alonzo : . 227 Etadally v. Salmon . 9,19 Evans v. Young-a-sam 4, 6, 38 Fairman vr. Reed . . 550 Fauset v. Backer 600, 604, 606 Fernandez v. Greenslade 12, 243 Ferreira v.McInroy . . 43 Frank v, De Costa 502 » v Mack . . 209 Gardner v. Martin ‘i ‘ 39 Gemmel y. Benjamin . 210 Gibbons v. Straker , 272 Gomes v. Backer . ‘ a 24 » v. Bruce . 7 ‘ 19 » v. Burrowes 683 » v. Cuckow ‘ 682 » v Green , ‘ » 691 » v Harcourt— 221, 230, 268, 260 » Philip . ‘ ‘ 38 » Smith , ‘ » 9,19 Gonsalves v. Bolton 625 v. Cressall . 682, 683 9 v. Cuckow . - 273 ” v. Joseph . 5, 21, 248 Gordon v, Burns . . » 27, 30 3, % Parkinson . » 209 » % Govia , . 38 Goring ». Mercier "3 + 269 Goviav. King , : + 258 Grant v, Lang, ‘ - 603 LIST OF REPORTED CASES REFERRED TO IN THIS WORK. PAGE Greaves v. Moe . - 724 Green v. Hillmann . 505 Grey v. Rhodabaccus . , 43 Halliday v. Ramculleah 357 Heywood v. Young . » 692 Hicken v. Greenslade . E 38 Hill v. Klien 5 . 480 Hillisv. Wells. 4 ‘i 39 Horton v. Chester 263 » v. Straker 257 Hintzen v. Scott. 209 Hone v. King . - 600, 604 Hore v. Duggin . 236, 264, 267 Hunter v. Doorgan 338 I. A. G. v. Agard . 233 », (Doorastoola) v. Bras- sington . . 852 » (Binsee)v. Brand . 340 = v. Clarke . 4 ” v. Field . 352 3 vw Gray. 43 es v. Hunter. 19 » (Sobtoo) », Hunter— 233, 234 » (Soomaria)v.Hunter 341 4 v. Kelly 5,19 » (Chittoo) v. Kelly. 340 % v. LaRoche 341 » (Budul) v.McClean 352 5 », Morrison 19 » (Mootree) v.Seear. 342 3 v. Thompson 16 » (Feejoree) v. Thomp- son. r ‘i Itchay v. Menzies x . 3843 Jardine v. Bolton 624, 625, 626 » . v. Burrowes . 4 20 340 Jeffrey v. Winter ‘ 603 Jesus v. Darrell , 247 Jobnson v. Jack , 7 ‘ 16 Josiah v. Gay, 5 ‘ 21 Juan v. Burrowes . 259 Kelly v. Farley . é - 606 King v. Ashby 3 5 » Baptist » 605 Kingston v. Kingston . 39, 420 Lewis v. Furrey . . é 19 Lillie v. Melville . : ‘ 1 Lo v. King ; : . 258 Lomich v. Underwood . 420 London v. David, 3 421 Lopes ». Joseph , * 259 » _% Wight . 259 Macedo v, Anthony - 633 Many. McTurk , 4 « 4, 245 Martin v. Birch , Mason v. Darrell, ‘ 5 + 271 LIST OF REPORTED CASES REFERRED TO IN THIS WORK. Mayers v. Mohungoo . » %. Pultee. McClean v. Robeira McPherson v. Thomson Mollyneaux v. Schultz. Mooneah v. Agard ss. Morgan v. Thorne ‘ Munger, Re. . . Naghten v. Lloyd . Ned v. De Guarre 7 » v. Tyce ‘ F Neptune v. Beaton Nicolson v. Robson Nott v. Lang. 3 Parker v. Evelyn Patrick v, Belaspey Pemberton v. James . . Pequeno v. Hill . Pistano v. Young Portsmouth v. Green . . Prince v. Greenslade Ragabons v. Rodiah . ‘ Ragalone v. Greenslade ‘5 Rawlins v. Burrowes . Re Munger : . Re Shingalee . 7 . Pegina v. Allay . . » ¢. Dunbar ‘ » v. Green . 3 ‘ Reynolds v, Bennett— 4, 5, 16, 21, 38, Rich v. Melville . é Robinson v. Cuckow Rodney v. Rodney 5 v. Sampson Rodriguez v. Darrell , . 5 v. Backer . . <4 v. Pereira Rogers v. Pequeno Romao v. Cressall : Ross v. Laiaman . 2 . » v. Tucker Salmon ¢. Blake . ‘ : ‘24, 208, ‘88, ‘40, 235, ‘88, 27, 687, 22, 27, “44, PAGE 343 343 682 17 687 210 603 113 603 506 420 420 450 268 504 38 549 255 237 502 237 23 260 37 113 272 502 506 80 411 444 236 691 506 247 218 420 691 625 333 603 23 ix PAGE Sample v. Hopkins . - 421 » v. Horton , 1, 583 » v Young . . » 210 Samuel v. Bob. . » 548 Saunders v. Douglas . 21, 38 Scipio v. Dunbar. : - 506 Seear v. Moore A 7 19 Seenowarian v. Kelly . . 4,38 Semple v. William 3, 22 Serkisson v. Gill. . . 39 Sewbode v. Bury. 2 . 48 Shingali v. Birch . 480 Shingalee,Re . ‘ 272 Simpson v. Den. . 237 Strahan v. Darrell é : 4 Straghan v. Coxall . 39 Stuart v. Horton. . 19 Sumner v. Dem. Ry.Co. . 570 Tanlichen v. Burrowes. . 260 Thillama v. Gardner . 19, 89 Thorne v. Fraser . F 148 » Muddle 148 Thornhill v. Pilgrim 687 9 v. Tacoor 688 Toney v. Daly . . . 6 Trap v. Greene . f » 209 Tubman v. Prince é 39, 384 T-cker v. Rose . , 603 Turnkey v. King . 507, 511 Tyrrell v. Stuart . » 263 Vieira v. Fauset . . 260 Watson v. Thomson 123 Wells v. Tebbutt. 27 Wickham v. Bury 553 fe v. Wells i ‘ 39 Will v. Tebbutt . y . 553 William v. Simpson 503 Williams.v. Lynch 13, 22, 230, 235 a ». King 38, 603 5 v. Roberts 38, 510 Winter v. Jeffrey . - 604 Young v. Miller . 600 » v Smart . 3 37 CONTENTS. CRIMINAL JURISDICTION. PAGE INTRODUCTION— (With Table of Sub-divisions and ords, embodied) . ‘ i-xx PROCEDURE— Summary Offences (with Table of Sub-divisions and ords. embodied) ‘ é : 1-34 Review Court (with ditto). : ‘ 35-48 Indictable Offences (with ditto) . é ‘ 49-67 Inferior Criminal Court (with ditto) . 7 68-74 Supreme Criminal Court (with ditto) . : 75-103 Jurors (with ditto) . « 104-116 Court for Crown Cases reserved . 117-118 MAGISTERIAL LAw— Accessories (ords. 19, 56, s. 12; 25, 62) ‘ , . 121-2 Appraisers (ord. 25, ’60, ss. 85, 86) 123 Administration (ord. 8,65) . . 123 Apprentices, Resident (ord. 3, ’54) . 126-9 Apprentices, Non-resident (ord. 24, 61) . 129-131 Armed Force (ord. 31, ’56) : 131-4 Auctioneers (ords. 9, "44; 4, 45) . 134-6 Bey of Health (ords. 5, 52; 8, ’54; 23, 54; 24, 64; 2,°57; 4,°65; 4,66; 10, °73) . 136-148 Bread ford. 18, ’50) . 149-152 Burial (ords. 20, 60; 25, 60). 152 Cattle Disease (ord. 18, 69) s 153 Clergy—Church of England Cler; ey Diseipine Ord, (ord. 16, ’61) * 7 ‘ » 153-8 Coinage (ord. 24, ’62) . : ‘ « 158-165 Coins (Procls, 14 Sept.,’38; 12 April, 61. Orde. 8,°39; 1 ,"40) 165-6 Companies (ords, 15, 46: 5,47 ; 15, °47; 31,64) . . 166-174 Coroners (ords. 25, ’61; 7, ’73, s. 167) . 174-180 ‘Cumingsburg (N.W.) Bylaws (ord. 20, ’66) . A 3 180 Customs (Tax ord.; ords. 14, °51; 16, 54; 12, °55 ; 10, 66; 15, 68 ; 5,72; 18,°72) . : ‘ - 181-191 xii CONTENTS. MAGISTERIAL LAw— PAGE Dangerous Goods (ord. 14, 72) 3 3 . 191-3 Dogs (ord. 21,’72) . 7 ; 193 Education—A ppendix (ord. 14, 76 ; 15, ’76) » 194, 697-713 Elections (ords. 15, 49; 21,55; 1, a 7 3 . 194-207 Emigrants (ord. 3, 64). . . . 208 Employers and Servants (ord. '2, 53). ; é . 208-214 Excise . . - . . 214-275 Crown Tina (ord. 9, 73) z . 214-226 Georgetown (ord. 25, 60: Part VIIL) . . . 226-9 Rum (ords. 14, 55; 25,68) . 230-242 pe Liquors (ords. 25,’68; 29, 68; 3, 69; 9,°713 4, °74). : . 242-262 Taxes (ords. 15, ‘61; 7, "6; Tax ord. 76) . 262-275 Ferries (ords. 11, 47} 3, °5B) . 7 7 . 275-8 Fire—Georgetown (ord. 25, ’60; Part VI. : . 278-280 Forgery (ords, 23, 62; 14, ’69) : 5 ‘ . 280-293 Gas (ords, 21, ’70; 11,’71; 14,’73) . : : . 293-8 Gunpowder (ords, 19, 62; 16,’72) . : f . 298-303 Hackney Carriages (ord. 21, ’66) , . . . 803-6 Harbour (ord, 22, ’55) . . : . 807-313 Hospital (ords. 22, ’39; 4,47; 19, °60; 21, 61) . . 818-5 Immigration A . 315-369 Part I. {Introductory fords: 7, 73, ss. 2- B; 4,°76, ss. 1- 4) 315-6 » II. Department (ord. 7,°73, ss. 6- 18) . . 816-8 », III. Fiscal Provisions (ord. 7,°73, ss. 19-25) . 318-9 » LV. Proceedings on Allotment (ord. 7,’78, ss. 26-43) 319-322 Ce » WL » VIL », VIII. jie, x, a kl » XIL » XIIL » AIV, Registers, Returns, etc. (ords. 7, ’73, ss, 150-8; Indentures on Introduction (ord. 7, °73, ss. 44-52). ‘ - 822-3 Determination and Transfer “of Tndentines (ords, 7, ’73, ss. 53-68; 4,°76, ss. 5-9) . 323-327 Re-indentures (ords. 7, 73, ss. 69-82 ; 4, °76, s, 62; 12, '73, s. 2) . 828-331 Desertion and Leave (ords. 1, 73, SS. . 83- 90 ; 4,76, ss. 10-13, 60) : 331-6 Labour Law (ords. 7, 73, ss, 91- ita 4, 16, ss, 14-39) . 5 336-352 Hospitals (ord. 7, 73, ss. 115- 131) . . 852-7 Dwellings (ord. 7, ‘73, ss. 132-8) ‘ . 857-9 Rations (ords. 7, 73, ss. 139-143; 1, 75, ss. 2-5) 359-360 Passports and Return Passages (ords, 7, 73, ss. 144-9; 4, °76, ss. 49-53) .» 860-2 4, 76, ss. 48-8; 12, 73, s, 2) ‘ 362-5 » XV. Procedure (ords. 7, 73, ss, 159-166; 4, 76, ss. 40-2, 54-9) ‘ ‘ . . 865-9 Insolvents (ord. 1, °72) . z é . 369-373 Inter-Colonial Voyages (ord. 15, 64) , . . 873-5 Justices’ Clerks (ord, 11, 65) ‘875-6 CONTENTS. MAGISTERIAL LAw— Lamaha Canal (ord. 27,'47) . . 3 Larceny (ords. 22, 62; 16,65; 26,68; 4,°69. 17&18 Vic. c.104) ‘ . ‘ Lees (ord. 1, 70) ‘ F 7 Lepers (ord. 18, °70) . . a . s Libel (ord. 22, °46) Lunatics (ord. 25, 46) . F Malicious Injuries—Person Corda, 20, 62; 28, 64) . Malicious Injuries—Property (ord. 21, °62) : s Markets (ords. 17, 88; 4,742; 16, 45 ; 25, ’60) : 5 Marriage (ord. 10, 60). 5 : Militia (ord, 22,’72) . : 4 Municipal : i . New Amsterdam (ora: 8, 44) A ‘ Georgetown (ord. 25, 60: Part IV.) Robb’s Town (ord. 11, ’64) $ : i 8. Cumingsburg—W. (ord, 17, ’64) . : Newspapers (ord. 26, 39) 7 Obeah (ord. 1, °55) . i . Old Metals (ord, 14, 762) ‘ : : . Opium (ord. 22,’61) . , * . : . Orphans (ords. 4, 52; 12, ’68) . : . . Other Offences (ord. 24,46. Z . : Parishes (Procl. 6 May, ’76; ord. 70, 36) : 3 . Perjury (ords. 25,60; 8,65; 4, 72) ‘i ¢ Petty Offences (ords. 1, 37; 20, 56; 21, 56; ‘24, 56; 3,768; 13,°76) A . . ; Pilot (ord. 7, ’38) . . ss ‘ ‘ Police . ‘ a F Water (ora. 78, °36) . 7 . Colonial (ords. 9, 39; 28, ’39; 15, 46 ; 30, 68; 6, °73; 13, ’73) 3 - 3 Rural (ord. 5, 758). ‘ ‘i ‘ s Georgetown (ord. 25, 60). : ‘ Poor (ord. 6, ’55) Post Office (ords. 2,’60; 13,60; 16, 62; 9, 66) Pounds (ords. 7, 66; 25, 60: Part X.) ‘ Prisons (ords. 15, 51; 12, 62; 3,65; 23,772; 7, 6) Penal Servitude (ard. 7, °65) ‘ : Quarantine (ords. 4, 70; 6, ’72) a ‘ : Railways (ords. 15, 46; 16, ’46) . Registration (ords. 10, 68; 24, 68; 27,68; “8g, 69; 3, 71) Riots (ord. 23, 46) . Roads (ords. 30, 56; 12, 66 ; “hh, 76. Hesalations; 75) Sanitary—Georgetown (ord. 25,60: Parts V., XII.) : Stamp Duties (ord. 18,55) . Sunday (ords. 1,°37; 19,39; 16,54; 12, 62; 5, 67; 4, 78) Tadjah (ord. 16, 69. Regulations, 71) z . xili PAGE BIT . 377-404 404-5 406-7 . 408-410 410-11 . 411-426 . 426-438 439.445 445-9 . 449-456 - 456-469 456-461 461-7 467-8 468-9 . 469-476 476 477-9 480-5 485-496 496-7 497-8 498-9 499-512 512-13 » 513-526 513-4 . 514-521 521-4 524-6 526-537 . 537-548 . 548-554 » 554-564 563-4 564-8 . 568-575 575-589 . 589-592 - 592-610 611-6 » 616-624 624-7 627-9 XIV CONTENTS, MAGISTERIAL LAW— PAGE Tapacooma Lake (ord. 8, '74) . . : . . 629-630 Telegraph é : ‘ 3 630-9 Central American (ord. 9, “7 5). ‘ ‘ . 680-3 Government (ord. 10, *76) : 2 a . 633-9 Trade-Marks (ord, 14,64). ji . . . 639-646 Traders’ Contracts (ord. 17, °61) ‘i 2 5 . 646-7 Treason (ords. 30, 746: 6, '68) a ‘ 3 . 647-9 Vaccination (ord. 14, ’76) a . . : « 649-652 Vestries (ords. 6, 49; 11, ’63) ‘ . 653-5 Villages (ords. 4, 51; 1,52; 33, "36 26, =, 35, 64; and 10,°73) . 655-674 Waterway—Amsterdam (ord. 4, 7) . : : . 674-7 Waterworks—Georgetown (ord. 31, 62) ‘ . 677-8 Weigher and Gauger (ord. 12, 48), 3 ‘ . 678-680 Weights and Measures (ords, 13, °51; 6,’ 73) ‘ . 680-5 Wilful Trespass (ords, 33, 50; 12, °62) é . . 685-693 CIVIL JURISDICTION. Debt or Contract. (ord. 18, ‘58; 1,°58. Rules ’71) ‘ . 717-724 Petty Damages (ords. 23, 61; 11,’65) ‘ - 724-5 Rents (ord. 31, ’46) . a c » 725-733 Promissory Notes (ords. 7, °37; 2, “49; stad ; 8,775). » T3B-4 Hospital Fees (ord. 19, ’50) 2 ; A ‘ » 734-5 Companies (ords. 1, 52; 31, 64) . . . 735 Evidence (ords, 49, ’34; 16, °47; 17,66; 20, 66; 17, 71) . 735-6 Arbitration (ords. 20, "64; 17, 64; 5, °64 ; 20, °66) . 736-743 Prescription (ord. 27, 56) . 743 Court of Appeal—Inferior Civil ‘Court (ords. 2, °56; 4, °71; 8 °72; 12,°76). , . 746-8 INDEX fi ‘ : . A 749 CORRIGENDA. Page 3, line 5 from bottom, for “‘ Temple” read ‘‘ Semple.” 17, Margin, for “ord. 4,'72,” read ‘‘ord. 4, ’72, 8, 14.” 26, ,, for * ord. 15, 69,” read “ord, 15, 69, 3. 2.” 39, 45 for “ Reasons of review” read “3, 10, Reasons,” etc. 49, Contents,— line 1, for “ss. 1, 6” read ‘ss. 4, 1, 6.” oy 4, dele “4,” » 6, for ‘ss. 9,10” read ‘‘ss, 9, 12, 10.” ay 7, dele 21," » 7, add “ord, 3, ‘47, 5, 1.” 4 »» 8, for ‘‘ss, 14, 13,” ete., read “14, 15, 13,””ete. » 9, add “ ord. 7, 72, ss. 11, 12.” 53, Margin, for ‘ord. 4, 72,” read “ord, 29; °50.” 75, Contents, — line 4, dele ‘‘s, 22.” » 23, for “ss, 92, 27, 29,” ete., read ‘92, 27-9,” ete, 76, » 29, add ‘‘ss, 67-8, 71-2.” 83, Margin, before ‘‘s. 85” read “‘ ord, 27, 46." 84, ,, for “ord. 23, ’47,” read “ord, 27, '46.” 88, ,, for “ord, 24, '47,” read ‘ord, 24, '47, 8, 1.” 105, Contents, — line 3, for ‘‘s. 5” read “ss. 4-5." » 25, for ‘‘s, 20” read “8. 20. Ord, 18, '71, s. 1.” 129, Margin, for “ ditto of appeal” read ‘‘ ditto of apprentice.” 130, ,, for “draft of master” read ‘“ death of,” etc. 148, line 7, insert in margin ‘‘s, 2.” 181, Heading, to list of ords. add “‘ ord. 14, '51.” 182, Margin, for ‘‘s. 16” read “‘s, 16 (ord. 10, '56).” 194, ‘‘ Education,” for “ord., 77" read ‘‘ ord., 76.” 242, Spirituous Liquors, add to list of ords. ‘‘ords. 29, 68, and 38, ’6 253, line 7 from bottom, for “‘ dispose” read ‘“ disposed.” 284, the four paragraphs there to be numbered ‘‘s. 15,” ‘‘s. 16,” ‘‘s, 17,” and “gs, 18 ” respectively. 336, Margin, for ‘‘ Labour Law” read ‘‘ Part IX. Labour Law.” 348, 4, for “s, 105¢e” read ‘‘s, 105c (ord. 4, 76, 8, 16).” 348, ,, for ‘penalty for refusal” read ‘‘ penalty for refusal (s. 35).” 3 5 ats. 1070, for ‘‘s. 35" read ‘3, 36.” 3 9 ats, 107p, for “s. 36” read ‘‘s, 37,” and at ensuing paragraph put #3, 88.” 356, Margin, for ‘‘s. 228” read ‘*s, 128,” 379, 4, for “ord. 25, 62,” read “ ord. 22, ’62.” 395, Head-note, for ‘‘larcehy ” read “larceny.” 431, Margin, for “destruction, etc.” read ‘‘s, 27, destruction, etc.” 482, line 8, for “or any” read ‘‘of any.” 444, ,, 1, for “ord. 22” read ‘art, 22,” and add “art. 21 relates to unwholesome meat.” 490, line 8 from bottom, after “Industrial School” put “ repealed by ord. 14, '76, p. 700.” 505, line 18 from bottom, for “on” read “On,” 639, Head-note, ‘‘ Trade-Marks,” for “‘ ord, 15, 64,” read “ ord, 14, ’64.” 720, Margin, for “s, 14” read “ ord. 18, ’58, », 14. INTRODUCTION CONTENTS. Construction of Ordinances i : ‘ . Ord. 9, ’56. Division of Counties . ‘ ‘ , 4, 38. Official Stamps— ; ‘ Government Notice No. 1770. » Residences— : F », Circular, 28 Aug., ’75. Holidays . : : ; ; . Ord. 3, '75. Ordinary Justices of the Peace : : % de fas 4. 37. Special 5 > » 9, 87. Stipendiary and Special J ustices of the Peace. » 19, ’56. ” ” ” ” = ee 11, 58. ” ” ” ” oe 5, 68. ” ” ” ” 98 2, "39. ” ” ” ” so 25, 60. = Merchant Shipping : i . 5, 21, 64. 5 Special | Extradition oer | Admiralty a a Lists of Justices of the Peace . F j é 4 18,754, Certificate of Insanity : » 5, 4, 67. Powers of Justices under the Companies’ Ords. i ;, Industrial and Reform Schools. ,, 12, ’68. #6 35 Church of Scotlard ,, 20, °72. Sheriffs. : . ‘ ‘ : ‘ . 4, 18, 751. ‘ ; : ‘ , : : : - 5, 9,54. 45 : : ‘ : : : ; a 45, 185. "BY Interpreters—Rules for—and Gov. Circular No. 1296. Commissioners’ Judicial Powers 3 . Ord. 2, 62. 9 ” ” 7 . ey 14, "70. Commissaries of Taxation ‘ : , gy Og TE ” ” . ; . . 5, 18, 64. Actions against Justices, ete. . : . . 3, 81, 50. INTRODUCTION. Construction of Ordinances. In any ord., when any former ord. is referred to, it shall be sufficient to cite the year in which it was passed, and the number of such ord. so referred to, without setting forth the title thereof. In all ords. now or hereafter to be in force, words importing the masculine gender—the feminine, and the singular number =the plural, and the plural number=the singular, unless the contrary as to gender or number is expressly provided ; ‘“month’’=calendar month, unless words be added showing a lunar month to be intended; ‘‘ Her Majesty’ =H.M., Her Heirs and Successors; ‘ Governor” every person who for the time being shall be in the actual administration of the Government of the Colony; ‘‘ Land” —=messuages, tenements and hereditaments, houses and buildings of any tenure, unless there are words to exclude houses and buildings, or to restrict the meaning to tenements of some particular tenure; and “oath,” “swear,” and “ affidavit ’’=affirmation, declaration, affirming and declaring in the case of persons by Law allowed to declare or affirm instead of swearing. Where any ord. repealing in whole or in part any former ord. shall be itself repealed after the passing of this ord., such last repeal shall not revive the ord. or provisions before re- pealed, unless words be added reviving such ord. or provisions. Wherever any ord. shall be made repealing in whole or in part any former ord., and substituting some provision or pro- visions instead ‘of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions come into operation by force of the last made ord. Although a preamble has no power to control the enacting clauses, which may extend the penalty to other persons than those to whom it is intended to apply, yet, if the words of the enactment are not clear, the preamble may be taken into consideration as the first step in the construction of the ord. (Lillie v. Melville, 1 R. C., 61.) ORD 9, '56 S 1 Reference to an ordinance. S 2 General in- terpretations, S$ 3 Effect of the repeal of a repealing ord. 8 4 Provisions substituted for repealed provi- sions. Force of a fre- amble. ORD 4, '38 $ 1 Counties. 8 2 “District ” or “Colony.” GOV. NOTICE, No. 1770. Official stamps. GOV. CIRCU- LAR, 28 AU "75 Official dences, otc. resi- iv INTRODUCTION. B. G. shall be divided into 8 distinct and separate Counties, viz., Demerary, Essequebo, and Berbice. Whenever the words ‘ District” or ‘‘ Districts,”’ “« Colony” or ‘* Colonies’ are made use of, whether in and for Dem., or Ess., or Berbice, severally, or in and for Dem. and Ess. united, or for B. G. generally, such term or terms shall designate the said several respective counties. Government Notices affecting Fustices. There being no exemption from Postage of any Letters except suck as may be addressed to or forwarded by the Gov., and such as are transmitted in the bag of the Gov. Sec.’s Office, Magistrates, etc., are to forward to that Office when they may require official stamps, a requisition (as in form supplied by said office)—such stamps to be used exclusively for correspondence on the public service, and the applicant to be held re- G. sponsible for their proper appropriation. (Issued 4 Sep. ’75, under Col. Post O. Ord. 2., °60.) (1) When any repair is found to be necessary in any Gov, Building, whether used asa dwelling-house or otherwise, the Officer in occupation or in charge of the same is required to make out a requisition which he will sign and forward to the Gov. Sec.’s Office for the Gov.’s approval. If approved, the requisition will be sent on to the C. C. Engineer, (2) In executing any such repair the C. C. Engineer will note and report to the Gov. Sec. whether the damage has arisen from fair wear and tear, or unavoidable accident, or has been the result of carelessness or.negligence on the part of the occupier or his servants. (3) The C. C. Engineer will from time to time, not less than once a year, make, either in person or by one of the officers of his department, a survey of the public buildings occupied, or in charge of any person, and will report any damages which the buildings have suffered, and an account of the sum required to make good such damage. (4) An account for the charges of making good so much of such damage as the C. C. Engineer reports has been occasioned by the care- lessness or negligence of the occupier or person in charge of the building, or any person under him, will be rendered to such occupier or person in charge, and the amount of such account will be stopped from the salary next falling due to such person. (5) Officers will be held responsible for the following damages ,— Breakage of window glass, unless it arises from defective cords; and of jalousie flaps. Loss of keys and injury to locks by use of wrong keys. For not reporting immediately the presence of wood ants in any Gov. Building and applying to the C. C. Engineer’s depart- ment for poison to destroy them. Injury to public furniture or fixtures will be liable to be charged for equally with that to the buildings themselves, (6) Heads of departments are to make these regulations fully known 4o the several officers, keepers, messengers and others who may become liable for damages. (7) In respect to Police Barracks, Police Inspectors’ Houses, and Pulice Stations, a survey is to be made and damages assessed whenever the persons in charge are changed, so that the person taking charge may be protected against any liability for damage occasioned during his predecessor’s tenure. ORDINARY JUSTICES. v The Public Holidays Ord., 1875. By ord. 8, ’75, the 1st Jan. (if a week day), Easter Monday, Whit-Monday, the Ist Monday in Aug., and the 26th Dec. (if a week day, but if not, then the 27th Dec.) shall be kept as close holidays in all the public offices and in all banks. a It is customary for Magistrates not to hold Courts on any of these ays. : The Gov. is empowered to appoint other special public holi- days, to be observed in the same way; or to substitute days in the place of any of the above. Ordinary Fustices. The Gov. may fill up any vacancy occasioned by the death, removal, or resignation of any J. P., and from time to time appoint any additional Js. P. Ordinary Js. P. are probably now appointed as Sp. Js. P. under ord, 19, ’56, in which case this ord. is of little practical use. Every J. P., before he shall enter upon the duties of his office, shall take an oath to be administered to him by the Gov, in the following terms :— “J, A. B., do swear that I will to the best of my knowledge and ability, faithfully execute and perform the duties of the office of q J. P., in and for the Colony of B. G., without fear, favour, or par- tiality.—So help me God.” See “ PRomIssoRY OATHS,” ord. 13, 70, requiring oath of allegiance and judicial oath. Every such J. P. shall take cognizance of any complaint sub- mitted to him against any person, for breaches of the law now or hereafter defined to come within the limits of the authority of any such J. P., with power in every case where expedient to réfer any such complaint to the next sessions of an Inf. Crim. Court, and in the meantime to commit the accused party to prison, unless sufficient bail be given for the appearance of such accused party at the next sessions of such Court. Note.—Under the next section the responsibility of bailing may be thrown on the Judges, by J. P. refusing to bail. The Chief Justice, or First or Second Puisne Judge, may discharge any person in a summary way from imprisonment ORD 3, '75 Holidays, ORD 4, '37 $ 2 Appoint- ment of Justices. $ 3 Oath of Office. Form, of Oath. S & Jurisdic. tion. Reference ta Inferior Court, S$ 12 Judges may discharge from impr. or before trial, or admit him or her to bail, if it shall appear to bail the satisfaction of such C. J., or P. J., that such person ought in due course of law to be discharged or admitted to bail. Where any J. P. or Inf. Court (Crim.) has cognizanco— power also to administer oaths or affirmations. S$ 14 Power to administer oaths. ORD 4, ’37. S$ 15 Jurisdic- tion of Justice over the whole Colony. S$ 20. Arrest without warrant. earch warrant. Any person to whom property suspected to be stolen is offered may seize party offering it. § 21 Fines. § 22 Forms. ORD 8, ’37 8 1 JIurisdic- tion of Special Justices in Country Dis- tricts, vi INTRODUCTION, Any J. P. may take cognizance of any offence, committed in any part of the Colony, and may form one of any Inf. Court (Crim.) in any part of the Colony, and to all and every warrant or summons issued by any J. P. due obedience throughout the Colony shall be paid. ; Any person found committing any offence punishable by virtue of this Act may be immediately apprehended, without a warrant, by any Peace Ollicer, or by the owner of the property, on or with respect to which the offence shall be committed, or by his servant, or any person authorised by him, and forthwith taken before some neighbouring J. P. to be dealt with according to Law. And if any credible witness shall prove upon oath before a J. P. a reasonable cause to suspect that any person has in his possession, or on his premises, any stolen property whatsoever, or with respect to which any such offence shall have been committed, the J. may grant a warrant to search - for such property. And any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorised, and if in his power, is required to apprehend and forthwith to carry before a J. P. the party offering the same, together with such property, to be dealt with according to Law. By ord. 11, ’58, s. 2, procedure to be under ord. 19, ’56, infra. All fines, etc., to be paid into the Colonial Chest. Forms of summonses, warrants, convictions, commitments, bail bonds, recognizances of witnesses to be used, and oaths to be administered by the said J. P. when acting singly, to be found in schedule to ord. Special Fustices. A Sp. J. P. within the country district to which he shall have been appointed to act asa Sp. J. P., has full power and authority to take cognizance of, and to hear and determine in manner hereinafter mentioned,—all cases of breaches of the peace which shall in his judgment not merit a severer punishment than a penalty of £2, committed by apprenticed labourers or others; all cases of petty theft,—receipt of stolen property with a guilty knowledge that the same has been stolen,—embezzlement of property,—false or fraudulent pretences,—and malicious injury to property :—where the property or damage shall not exceed the amount of £2, and the offence shall have been committed within the limits of his district. Special Justices are probably now appointed und d.1 i i case this ord. is of little practical oS Page ae SPECIAL JUSTICES. vii The jurisdiction of the Sp. Js. resident in G. and New-Am. is not to extend to any of the wards of G. or the limits of New-Am. Any person or persons shall be at liberty to prefer to any such Sp. J. P..(on oath) any complaint against any other person or persons for any of the offences hereinbefore enumerated, which complaint shall b2 reduced into writing, and shall be entered by the Sp. J. in a book to be by him kept for that purpose, and such complaint shall contain a description of the charge preferred in words of ordinary use with a reasonable specification of the time and place when and where the offence was committed. And upon the receipt of any such complaint, the Sp. J. shall, if he see fit, issue a summons for the appear- ance before him of the person or persons accused, and of any witness or witnesses who may be required at such time and place as the Sp. J. may think proper to appoint. Every such summons (A) for the appearance of the party charged, and (B) of any witness, shall be served by any person whom.the Sp. J. P. shall appoint for the purpose; and if any person or persons charged with any offence hereunder, after being.served with any such summons, personally or by leaving at residence, shall refuse to render due obedience thereto,— the ‘Sp. J., after proof on oath of the service thereof by the oath of the party serving the same, shall proceed to hear the case ex-parte. As to tender of expenses, see ord. 19,56, s. 183 — SUMMARY OFFENCES.” ‘If any person summoned as a witness before any such Sp. J. P. shall refuse or neglect to appear, such person shall become liable to apprehension under warrant (C). Any summons, warrant, commitment, or order, if issued for the purposes hereof by any Sp. J. P., may without any further authority be carried into execution in any part of the Colony, although beyond his district. On the appearance before the Sp. J. P. of the complainant and the party accused, the Sp. J. P. shall have full power and authority to administer an oath to the complainant, and if he see fit (in any case of breach of the peace), to the accused also, and to any-witness or witnesses appearing either for the com- plainant or for the accused; and the Sp. J. P. shall carefully note down in a book to be by him kept for the purpose, the substance of the complaint, and of. the defence, with the evidence of each and every witness. The Sp. J. P. shall have full power and authority to adjourn his proceedings from time to time, not exceeding 48 hours, except in cases of sickness or other unavoidable cause, and to accept any security in money to the amount of £2, for the ORD 8, ’37. S 2 Limitation of Jurisdiction. S 3 Process— Complaint. Summons. $4 Neglect of summons by de- fendant, 85 By wit- ness. § 6 Service out of District. _ 87 The hear- ing on appear- ance. Record, § 8 Adjourn- ment, ORD 8, ’37. § 9 Non-ap- pearance of party bailed after ad- journment. § 10 Dismissal —Compromise. § 11 Punish- meat, $12. $13 Default of payment. S. 14 Warran form. ORD 19, ’56 § 1 Appoint- ment of Bp. Js. P. S 2 Residence and No. of Courts, ORD 11, ’68 $ 1 Ordinary Jurisdiction, viii INTRODUCTION. appearance before him at any period to which he may adjourn his proceedings of the party charged; or in default of such security being given, the Sp. J. P. may commit (D) the offender to any duly authorised place of confinement, in or contiguous to his district, that he may deem proper, pending such adjournment, 2 If any person after having given such security for his ap- pearance, after any such adjournment of the proceedings, shall without any reasonable or lawful excuse to be allowed by the Sp. J. P., fail duly to make such appearance, the security given for such appearance shall be absolutely forfeited by the accused, and shall by the Sp. J. P. be paid over to the Colonial Chest. If on the hearing of any complaint the Sp. J. P. shall be of opinion that the same is not deserving of any punishment or further inquiry he may dismiss the same; and may in any case of breach of the peace sanction any compromise which he may deem just and proper between the parties. Punishment on conviction hereunder (except for a breach of the peace) to be a penalty of not less than 5s. nor more than £2, with or without imp. with h. 1., solitary or otherwise, not excdg. 6 days in any jail, or in any place sanctioned for the custody of delinquents under ord. 4, ’87: And for a breach of the peace a penalty of not less than 5s. nor more than £2. In default of payment, warrant of commitment (E) for a period not excdg. 6 days, unless the penalty be sooner paid. No summons, warrant, or process of any kind issued by the Sp. J. P. shall be quashed for want of form, or held void by reason of any defect therein, if expressed with reasonable accuracy. The Gov. may appoint Sp. Js. P. for the purposes hereof. Stipendiary and Special Fustices. Bach St. and Sp. J. P. shall reside in a central part of his district (expect he be specially exempted from such residence by the Gov., and C. of P.), and shall hold as many Courts in his district, and at such times and places, and for so long a time as the Gov. and C. of P. may from time to time appoint. Each St. J. P. and each Sp. J. P. appointed under ord. 19, *56, may alone exercise the same jurisdiction, with respect to summary convictions, and orders for the payment or forfeiture of money, (not being a civil debt recoverable at the instance of any private party,) or for the forfeiture or condemnation of any chattel, and otherwise, as any two or more Js. P. might law- fully have exercised previous to ord. 19, ’56, under ord. 30, 50, STIPENDIARY AND SPECIAL JUSTICES. ix or any ord. in force at the time of the taking effect of ord. 19, 56, and not subsequently repealed or altered. Every proceeding before any St. or Sp. J. P. under and by virtue of the jurisdiction, power, and authority hereby granted, shall be conducted in the manner and form, and shall be subject to the review provided by ord. 19, 56; and every proceeding before any ordinary J. P. shall be subject to the like review. (See “ Review,” infra.) In every case of summary jurisdiction if the St. J. P. or Sup. of the district shall be temporarily absent, or unable to act on the ground of interest or otherwise, his duties may be performed by any other St. J. P., or Sup. of Rivers, etc., who shall for all the purposes of such case be held to be the St. J. P. or Sup. of the district for the time being, any law or ord. to the contrary notwithstanding : and in like manner any other St. J. P. may act for the Police Mag. of G. in case of his temporary absence or inability to act on the ground of interest or otherwise. The Police Mag. of G., and every Sup. of Rivers, etc., shall have all powers vested in any St. or Sp. or ordinary J. P. within the colony. Repeal of ord. 9, ’37. Power for the Gov. to cause a Police Office to be established in G., and also by a commission under his hand and seal of office, to appoint some fit and proper person to be ‘‘ the Police Magistrate of G.,”’ and to execute the duties of a J. P., together with such other duties ag shall be hereinafter specified, for the more effectual administration of justice within the limits herein- after mentioned, and also to appoint some fit and proper person to act as Clerk of Police, upon the recommendation of the Police Mag.; and to remove such Police Mag. and Clerk of P., if he shall see occasion so to do, and in cases of sickness or death, removal or otherwise, to appoint some other fit and proper person to the vacant office. By ee ie ye do swear, that I will faithfully, impartially and honestly, according to the best of my abilities, execute all the powers and duties of Police Mag., and J. P., under and by virtue of an ord. entitled “An Ord. to repeal the Ord, entitled An Ord. to constitute a Mayor’s Court in G., and to define the jurisdiction thereof, and to make other provisions for the better administration of justice in G.” Annual salary of the Police Mag. as voted by the Combined Court. Police Mag. is now paid like any St. J. P. Georgetown, for the purposes of this ord., shall comprise the several wards mentioned in ord. 25, ’60. The said Police Mag. shall attend at such Police Office, from 10 a.m, until 4 p.m. every day, except on Sundays, Christmas ORD 11, '58. 8 2 Review. ORD 5, ’68 $ 30 Acting 8 Js. P. § 29 Police Mag. and Sups. ORD 2, '39 81 § 2 Appoint- ment of olive Magistrate. S 3 Oath of Police Mag. § 4 Salary of Police Mag ‘ $5 Limits of a, S 6 Hours of attendance, ORD 25, ’60 S$ 55 Mayor of G. ORD 21, ’64 $1 Merchant Shipping Juris- diction. § 2 Supreme and Inferior Courts. Magistrates. 8 3. 8 4, ORD 2, 61 Extradition, ORD '49 $1 Admiralty Jurisdiction. x INTRODUCTION Day, Good Friday, or any day appointed for a public fast or thanksgiving, unless in cases of urgent necessity, or when the Gov. shall direct. ; The Mayor of G. shall continue in his office for one whole year, and shall, ea officio, be a J.P. inand for the City of G. during his tenure of office. All questions arising within this Colony relating to ships and to the property therein, and to the owners thereof, the behaviour of the master and mariners and their respective rights, duties, and liabilities as regards the carriage of passengers and goods by ships; to stoppage in éransitu; freight; demurrage; in- surance; salvage; average; collision between ships; bills of ‘lading; and all rights, liabilities, claims, contracts, and matters arising in respect of any ship, or any such question as afore- said, shall be adjudged, determined, construed, and enforced according to the law of England applicable to such or the lke case. All such questions and matters as aforesaid which according to the law of England are cognizable and determined by or before any of the Superior Courts of Common Law, or the Court of Chancery, shall be cognizable and determined in this Colony by or before the Sup. or Inf. Civil Court, according to the course and practice thereof, and having regard to the amount or value involved in any such question or matter. All such questions which according to the law of England are cognizable by or before any County Court, or before Js. P., shall in like manner be respectively cognizable and determined by or before the said Inf. Court, or the St. or Sp. Js. P., according tothe course and ‘practice of such Court or Js. P., and so that such matters ag according to the law of England are cognizable or determined by or before 2 Js. P., may be cognizable and determined by ‘any St. or Sp. J. P. This ord. is not to affect the Vice-Admiralty Court or the jurisdiction or practice thereof. ‘‘ Ships” = every description of vessel used in navigation. The extradition of French fugitive criminals is provided for by ord. 2, *61, but it has never yet come into force, and is not now likely to. Fustices generally. If any person within any colony shall be charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or other offence of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or juris- diction, or if any person charged with the commission of any such offence upon the sea, or in any such haven, river, creek, JUSTICES GENERALLY. xi or place, shall be brought for trial to any colony, then and in every such case all magistrates, justices of the peace, public prosecutors, juries, judges, courts, public officers, and other persons in such colony shall have and exercise the same juris- diction and authorities for inquiring of, trying, hearing, deter- mining, and adjudging such offences, and they are hereby respectively authorised, empowered, and required to institute and carry on all such proceedings for the bringing of such persons so charged as aforesaid to trial, and for and auxiliary to and consequent upon the trial of any such person for any such offence wherewith he may be charged as aforesaid, as by the law of such colony would and ought to have been had and exercised or instituted and carried on by them respectively if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the courts of criminal justice of such colony. ; If any person shall be convicted before any such court of any such offence, such person so convicted shall be subject and liable to and shall suffer all such and the same pains, penalties, and forfeitures as in England. Where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction, or at any place out of such colony, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder, or manslaughter, may be dealt with, inquired of, tried, deter- mined, and punished in such colony in the same manner in all respects as if such offence had been wholly committed in that colony ; and that if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who having been feloniously stricken, poisoned, or other- wise hurt, shall have died of such stroke, poisoning, or hurt upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea. 8. 4 has no reference to this Colony. ‘‘ Colony ’=any island, plantation, colony, dominion, fort, or factory of Her Majesty. __ There shall be published in the O. G., and one or more news- papers of the Colony, once in every year (and oftener, if it shall be deemed necessary by the Gov.), a list of the Js. P. of B. G., ORD '49. § 2 Punish- ments. slaughter where the death only happens in the colony or upon the sea, 8 5. ORD 18, ’51 '§.5 Lists of Js. P. xii INTRODUCTION. ORD 4, 67 stating the occupation or calling in life, ard residence of all such Js. P. No person, whether holding a commission or not, whose name shall not appear in the last published list, shall be qualified to act as a J. P. AJ. P. should avoid issuing any warrant or other process in a matter in which he is directly, or indirectly, interested. $13 Lunatic @ A, certificate for the admission of any person believed to be Asylum. insane into the public lunatic asylum may be given on the application of (among others) any J. P., by any duly licensed medical practitioner. Companies, Various powers are vested in Js. P. by the companies’ ords. —See ‘* CoMPANIES.” Orphans. Under ord. 12, 68, Sp. Js. P. may order the detention of a child in the Industrial School, or may commit him to the Re- formatory School.—See ‘* OnpHans.”’ Church of Scotland, ord’72.—Return of Service of Citation verified before a Fustice. By s. 7 the Presbytery is declared the Supreme Ecclesiastical Court of the Church, with power to enquire into any charge against any minister—to cite the accused—and to summon all necessary witnesses ORD 20, '72 and examine them upon oath, etc. § 24 Service In order to procure the attendance of witnesses at any on witnesses, Presbytery Court, a citation, in such convenient form as may seem fit, and signed by the Clerk, may be served on every witness whose name may appear on a list of witnesses prepared and signed (as provided by ss. 11 and 12, i.e., by the Moderator and Clerk and the individual accuser, if any) ; and every such citation may contain the names of 12 witnesses ; a copy shall be served by some intelligent person, able to read and write, on each such witness ; and a return of every such service shall be endorsed on the original. If any person shall not appear, the return of service shall be verified by the oath of the person making the service taken before the Presbytery Court or any J. P. Non-appearance. Sheriffs. Persons appointed to discharge the duties of Sheriff shall 84Salay. not be entitled to receive in addition to the salary and emolu- ments of any office he may hold, any other remuneration or salary than may be annually voted by the Gov. and Combined ORD9,'54 Court. #1 duke The Gov. may appoint any person he may think fit to perform tient "all or any of the duties heretofore performed by the High ORD 18, ’61 SHERIFFS—INTERPRETERS. xiii Sheriff, Sheriff of Essequebo, and Sheriff of Berbice respectively, except as in ord. 18, ’51, excepted. Every person so appointed as last aforesaid -shall be subject to ord. 18, ’51, and any ord. amending the same. Wherever the words “‘ High Sheriff” or ‘Sheriff of Esse- quebo”’ occur in ords. 50, 84; 2,’38; 13, '48; 15, 49; 15,50; 8, 51, and 10,’51, the said words—any Mag. or J. P. receiving from H. M.’s Treasury or the Colony a salary or stipend, appointed by the Gov. to perform any of the duties heretofore performed by the High Sheriff and Sheriff of Essequebo, re- spectively. Wherever the words “ High Sheriff” or “ Sheriff of Essequebo ’’ occur in ords, 12, ’88 ; 56, °35; 77, ’86; 78, '86; 79, 36; 1,’87, and 5, 45, the said words=any Police Magistrate or J. P. The Gov. may appoint some one St. or Sp. J. P. in each of the three Counties of the Colony to be the Sheriff of such County : with the jurisdiction, power, and authority given by ord. 18, 51, 8. 1.— repealed by ord. 9, °64; hence it is not quite clear under which ord. Sheriffs are to be appointed, or from which they must derive their juris- diction and authority. Lnterpreters. 1, The 28 Ints. now attached to the Sup. Court, and to the several Police Courts, will remain and be continued in the service of the Gov. at the same Salaries as they now enjoy and will be subject to these rules. 2. The Ints. now in the service of the Gov. and all Ints. hereafter appointed will be liable to be removed from one Court to another, as may be judged by the Gov. to be most expedient for the public service. 3. The Ints. attached to the Sup. C. will be subject to all such rules as to attendance as the C. may think fit to make. 4, In Jan. in each year the Reg. of the Sup. C. will make a report to the Gov. Sec. as to the character and conduct of the Ints. attached to the Sup. C. and as to their ability. 5. The Ints. attached to the several Mag. and Police Courts wiil, when required to do so, attend any Session of the Sup. C. or of the Inf. Civil or Crim. C. 6. The Ints. attached to Mags. Courts will obey the instructions of the Mags. to whose Cs, they are attached, in regard to their attendance in C. 7. The St. Ms. will in Jan. in each year make a report to the Gov. Sec. of the character, conduct, and ability of the Ints. attached to their Cs.* 8. No Int. in any C. is allowed on pain of immediate dismissal to receive any fee or reward beyond his Official Salary from any person whatsoever. * By another Circular dated 18 Oct. ’75, the Mag. in making his first report hereunder (and semble of any new Interpreter) is to state the name, age, place of birth, length of service, and religion of each Int, attached to his Court. ORD 9, ’54. 5 2. ORD 18, '51 § 20 Interpre- tation of word “ Sheriff” in ords. ORD 12, ’62 $7 Latest en- actment, RULES FOR INTERPRE- TERS. July, ’75. RULES . FOR INTERPRE- TERS. Examination. GOV. CIRCU- LAR, 1296. 17th Sep., '75. ORD 2, 62 $1 Witnesses, $2 Perjury xiv INTRODUCTION. 9. Ints. will be appointed, suspended, or dismissed as the case may require by order of the Gov. 10. Any person desiring to be appointed an Int. shall send to the Gov. Sec. a letter stating his name, age, place of birth, and if not a native of the Colony, the date when he arrived in the Colony, and also the lan- guage which he professes to interpret. This statement must be accom- panied by testimonials as to conduct and general character. 11. If these testimonials be considered satisfactory an order will be made for the examination of the candidate in the language he professes, by (12) one or more examiners, who will be named in each case by the Gov. Sec.: and when (13) so appointed will return to the Gov. Sec. a certificate, setting forth their opinion of the competence or ability of the candidate: and (14) will be allowed a fee for each examination and certificate, whether the candidate be declared competent or otherwise : which (15) will be paid by the Govt., and no examiner will be allowed to take any fee or reward from the candidate examined : and (16) no person ‘will hereafter be appointed as an Int. in any Court of Justice until he has passed satisfactorily such examination as is herein required, unless the Gov. shall be satisfied as to his competence in some other way. 17. Int. hereafter appointed will on appointment receive a salary at the rate of $20-a month. 18. At the end of 5 years’ service the salary will be increased to $30 a month if the annual reports received by the Gov. Sec., under articles 4 and 6, be considered by the Gov. to be satisfactory. 19, At the end of 10 years’ service the salary of each Int. shall be increased to $40 a month if the annual reports received by the Gov. Sec, be considered by the Gov. to be satisfactory. (These periods must be actually consecutive, and not intermittent.) ; 20. Special rates of pay will be awarded, from time to time, for special qualifications. 21. Ints. will be entitled to superannuation allowances under the terms of the ord. in force for the time being. bo Special Ints., if required, are sometimes kindly lent by the I. A. G. on due notice. —ED. See Ord. 17,’52, s, 2, Sup. Crim. Procedure. Tit. “ WITNESSES,” When the Ints. attached to a district are required. to attend at any Court Station beyond the limits of their district they will, unless special allowance has been made for the same, be allowed for travelling: —By rail, 2nd class fare; by water, 2nd class steamer fare ; and by land, where the rail is not available, 6d.a mile, which is to include the return journey ; and for attendance $1 for each day on which they may be engaged. Fudicial Powers of Commissioners. All Commissioners who may be at any time appointed by the Gov., under the public seal, to inquire into the conduct of any public officer, or into any matter relating to the public service, may summon all witnesses they may consider neces- sary, and who they may have reason to believe will not attend voluntarily, and may examine every witness on oath touching the subject matter of every such enquiry. Every witness who shall be examined in pursuance of this ord. shall, if so directed by any such Coms., gi e ‘sis evidenc: COMMISSARIES OF TAXATION. XV upon oath, which oath may be administered by any one of the said Coms,; and every such witness who shall wilfully give false evidence shall be deemed guilty of perjury, and shall be liable to punishment accordingly. All summonses issued under this ord. shall be served and executed by the Provost Marshal of the Colony or one of the ordinary Marshals; and for the making and serving of each copy of any such summons, the P. Marshal shall be allowed to charge the sum of 50c. and no more, and for travelling expenses or distance money the fees chargeable by the P. Marshal under ord. 27, 55. In case any witness residing in any part of the Colony whose evidence may be required before any such Coms., shall neglect or refuse to attend without lawful excuse, or shall refuse to be sworn, or to give evidence when sworn, or shall be guilty of any other contempt, or of disobedience to the lawful order of such Coms., it shall be lawful for any Judge of the Sup. Court, upon motion made to him by any person interested in the proceed- ings, to cause such witness to be brought before him, and to sentence such witness to a fine not excdg. $96, and to impr. not excdg. 30 days, unless such fine be paid, and to make such order as to costs as to him shall seem proper. No process shall issue against any such witness as aforesaid unless the Judge shall be satisfied that the witness was duly summoned, and that the sum had been tendered to him or lodged with the P. Marshal sufficient for the payment of his reasonable travelling expenses, and for his remuneration at a rate per diem according to the tariff in force for the payment of witnesses summoned before the Sup. Crim. Court. All witnesses summoned by any Coms., under this ord., shall be paid from and out of the vote for the contingent ex- penses of Justice, upon the warrant of the Gov., on their Bills being duly taxed by the Clerk of the Sup. Crim. Court. Ord. 2, ’62 is to extend to every case of appointment by the Gov., under the public seal, of a Commissioner or Coms., to inquire into any matter of public interest or concern. Commiussartes of Taxation. Ord. 16, ’58 relates to Coms., but it is wholly repealed by crd, 18, ’64, s. 8, except as to the ‘ divisions” then existing, which were to remain till ‘fiscal districts” were established by the Gov. and C. of P. under s. 1. This enactment is superseded as to the districts by ord. 6, '73. Security for performance of duties is provided for by s. 8 of ord. 18, ’64, but this is superseded by ord. 6, ’73, s. 7, by which every Com. shall give security to H. M. to such amount, and ORD 2, ’62, S 3 How pro- cess to be served. S$ 4 Witness in contempt. $ 5 Process not to issue un- less expenses | tendered, $ 6 Payment of witnesses. ORD 14, 70 § 1 Extent of ord, 2, ’62. ORD 6, '73 Commnissaries, 8 7 Security. Xvi INTRODUCTION. ORD 6, '73 in such manner as the Gov. and C. of P. may determine, for the due and faithful performance of the duties of his office, and for the accounting for and payment of all moneys which may come into his hands (then existing bonds to be sufficient). The Commissaries of Taxation are, as their name implies, the Revenue Officers of the Colony. 8. 8 prescribes a Chief Commissary and as many District Commissaries as the Combined Court may provide salaries for. 5 § 4 Duties, The Chief C. shall exercise a general supervision over the District Coms., and may perform any duty that may be per- formed by a District Com.: he shall be the Sec. of the Excise Board, and shall perform such other duties as may be assigned to him by the Gov. ; and the District Coms. shall perform such duties as were assigned to District Coms. before 1 Jan. ’69, and all such other duties as may at any time be assigned to them by the Gov. S. 5 makes some alterations in the duties of the Coms., which have been embodied in the ords. therein referred to. The Gov. may by proclamation establish (alter, add to, or diminish) fiscal districts, and assign one of them to each District Com., as the district beyond which he shall not be bound to act without directions from the Gov. Substitutes. In the absence from his district of any District Com., any other District Com., or the Chief Com., may act for him with- out any special appointment. ee The Goy. may appoint an Insp. of Weights and Measures : ‘for each fiscal district. This over-rides s. 6 of ord. 18, ’64. ORD 18, '64 Every District Com. shall have and exercise within his ‘dis- $8 4, 7, Powers, trict all and singular the powers, authority, and jurisdiction - heretofore possessed by a Sub-Com., and all and singular the powers, authority, and jurisdiction heretofore possessed by a Com., whether in his special capacity as such Com., or as Dist. Insp. of Roads and Bridges under ord. 80, °56, or as Dist. Reg. of villages under ord. 88, '56, or otherwise howsoever; and he may lawfully do and perform within his district all acts which might have been lawfully done and performed by a Com. or Sub-Com. under any ord. § 5 Definition Whenever in any ord., or in any bond, contract, or other of Term, writing, the term ‘‘Com. of Taxation,” ‘‘Sub-Com. of T.,” “Dist. Insp.,"’ ‘‘ Insp. of Roads and Bridges,” “Dist. Reg.,” or other expressions of the like import are used, the same shall be held and taken to mean ‘“ Dist. Com. of T.” for all the pur- poses of this ord. pik The net proceeds of all seizures, fines, penalties, and forfeit- oie ures (subject to the deduction of such ion thereof, not ex- ceeding one-fourth, as the Court or Mag. may think fit to award § 6 Fiscal Dis- tricts, ACTIONS AGAINST JUSTICES. xvii to the informer (if any), shall, except as to ord. 14, 55, be paid, one-half to the District Commissary, and the remaining half to Her Majesty, distribution being made under ord. 5, ’72. Actions against Fustices. As to civil matters, see ord. 81 ’46., 8. DICTION.” Every action against any J. P. for any act done by him in the execution of his duty as such J. P., with respect to any matter within his jurisdiction as such J. P., shall be an action as for a tort or injury ; and in the claim and demand it shall be expressly alleged that such act was done maliciously and with- out reasonable and probable cause; and if at the trial of any such action upon the general issue being pleaded, or a simple con- trary conclusion taken, the plaintiff shall fail to prove such alle- gation, he shall be non-suited, or the defendant shall be absolved of the instance, or a sentence shall be given for the defendant. For any act done by a J. P. ina matter of which by law he has no jurisdiction, or in which he shall have exceeded his jurisdiction, any person injured thereby or by any act done under any conviction or order made, or warrant issued by such J. P. in any such matter, may maintain an action against such J. P. in the same form and in the same case as he might have done before the passing of this ord., without making any allegation in his declaration that the act complained of was done maliciously and without reasonable and probable cause : Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such conviction or order shall have been quashed, nor shall any such action be brought for anything done under any such warrant which shall have been issued by such J. P. to procure the appearance of such party, and which shall have been followed by a convic- tion or order in the same matter until. after such conviction or order shall have been so quashed as aforesaid; or if such last mentioned warrant shall not have been followed by any. such conviction or order; or if it be a warrant upon an information for an alleged indictable offence, nevertheless, if a summons were issued previously to such warrant and such summons were served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such ease no such action shall be main- tained against such J. P. for anything done under such warrant. Where a conviction or order shall be:made by one or more 16,—“ Crvin Juris- ORD 18, '64 ORD 31, ’60 S1 Where the action shall be for a tort or in- jury. § 2 For want or excess of juris- diction. Only aftercon- viction or order quashed, Nor for war- rant after sum- mons served and not obeyed. $ 3 Where one J. or Js. P., and a warrant of distress or commitment shall be Justice makes granted thereon by some other J. P. bona fide and without collusion, no action shall be brought against the J. P. who so 2 “ “Md conviction or order, and another grants warrant. ORD 31, '50 S 4 Exervise of discretion, § 5 Justice compelled to do an act by rule, B 6 Appeal confirmed pre~ cludes action. $ 7 Where pro- hibited action brought. § 8 Limitation of action. $9 Com- mencement of action, XViil INTRODUCTION. granted such warrant by reason of any defect in such convic- tion or order, or for any want of jurisdiction in the J. or Js. P. who made the same, but the action, if any, shall be brought against the J. or Js. P. who made such conviction or order. In all cases where a discretionary power is given to a J. P. by any ord. or ords., no action shall be brought against such J. P. by reason of the manner in which he shall have exercised his discretion in the execution of any such power. In all cases where a J. or Js. P. shall refuse to do any act- relating to the duties of his or their office as such J. or Js., it shall be lawful for the party requiring such act to be done to apply to the Sup. Civil Court, upon an affidavit of the facts, for a rule calling upon such J. or Js. P.,and also the party to be affected by such act, to show cause why such act should not be done ; and if after due service of such rule good cause shall not be shown against it, the said Court may make the same absolute with or without or upon payment of costs, as to them shall seem meet ; and the said J. or Js. P., upon being served with such rule abso- lute, shall obey the same, and shall do the act required ; and no action or proceeding whatsoever shall be commenced or pro- secuted against such J. or Js. for having obeyed such rule-and done such act so thereby required as aforesaid. A rule was made absolute v. 8. J. P. Huggins—165 July, ’76. In all cases where a warrant of distress or warrant of commit- ment shall be granted by a J. P. upon any conviction or order® which, either before or after the granting of such warrant, shall have been or shall be confirmed upon appeal, no action shall be brought against such J. P. who so granted such warrant for anything which may have been done under the same for reason of any defect in such conviction or order. Eppilie v. Burrowes, 2 R. C.,’36. If the applicant for review has under- gone a portion of an impr. illegally awarded, he is remediless, if the conviction be in any way aftirmed. In all cases where by this ord. it is enacted that no action shall be brought under particular circumstances, if any such action shall be brought it shall be lawful for a Judge of the Court in which the same shall be brought, upon application of the defendant, and upon an affidavit of the facts, to set aside the proceedings in such action, with or without costs, as to him shall seem meet. No action shall be brought against any J. P. for anything done by him in the execution of his office, unless the same be commenced within 6 calendar months next after the act. com- plained of shall have been committed. No such action shall be commenced against any such J. P. until 1 calendar month at least after a notice in writing of such intended action shall haye been delivered to him, or left for him ACTIONS AGAINST JUSTICES. xix at his usual place of abode, by the party intending to commence such action, or by his attorney or agent, in which said notice the cause of action and the Court in which the same is intended to be brought shall-be clearly and explicitly stated ; and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said attorney or agent, if such notice have been served by such attorney or agent. In every such action the defendant shall be allowed to plead the general issue, or take a simple contrary conclusion therein, and to give any special matter of defence, excuse, or justification in evidence under such plea or conclusion at the trial of such action. In every such case after notice of action shall be so given as aforesaid, and before such action shall be commenced, such J. P. to whom such notice shall be given may tender to the party complaining, or to his attorney or agent, such sum of money as he may think fit as amends for the injury complained of in such notice ; and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the deferdant at the trial under the general issue or contrary conclusion aforesaid ; and if the jury, where there is a jury, or Court where there is not a jury, at the trial shall be of opinion that the plaintiff is not entitled to damages, beyond the sum so tendered and paid into Court, then a verdict by the jury, or a Rentence by the Court, shall be given for the defendant, and the plaintiff shall not be at liberty to elect to be non-suited or that the defendant be absolved of the instance, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall there- upon be paid out. of Court to him, and the residue, if any, shall be paid to the plaintiff, or if where money is so paid into Court in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from any Judge of the Court in which such action shall be brought an order. that such money might be paid out of Court to him, and that the defendant shall pay him his costs to be taxed, and there- upon the said action shall be determined, and such order shall be a bar to any other action for the same cause. If at the trial of any such action the plaintiff shall not prove that such action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given 1 calendar month before such action was commenced, or if he shall not prove ORD 31, '50 § 10 Defend- ant’s pleas, § 11 Tender and payment of money into Court. S$ 12 Where nhon-suit, ORD 31, ’50 $13 Damages. $ 14 Costs, " § 15 Extent of ord. XX INTRODUCTION. the cause of action stated in such notice, or if he shall not prove that such cause of action arose in the place laid in the claim and demand, then and in every such case such plaintiff shall be non- suited or the defendant shall be absolved of the instance, or a sentence or verdict shall be given for the defendant. In all cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty or sum of money under any conviction or order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of 4c. of $1 as damages for such imprisonment or any costs of suit whatsoever, if it shall be proved that he was actually. guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprison- ment) that he had undergone no greater punishment than that assigned by law for the offence for which he was so convicted, or for non-payment of the sum he was so ordered to pay. If the plaintiff in any such action shall recover a verdict or obtain a sentence, or the defendant shall allow judgment or sentence to pass against him by default, such plaintiff shall be entitled to costs in such manner as if this ord. had not been passed; or if in such case it be stated in the claim and demand that the act complained of was done maliciously and without - reasonable and probable cause, the plaintiff, if he recover a verdict or obtain a sentence for any damages, or if the defendant allow judgment or sentence to pass against him by default, shall be entitled to his full costs of suit to be taxed as between attorney and client; and in every action against a J. P. for anything done by him in the execution of his office, the defendant, if he obtain judgment or sentence upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf to be taxed as between attorney and client. This ord. shall apply for the protection of all members of the Police Force, all Constables, all Commissaries of T., and all other persons for anything ‘done in the execution of their office, under and by virtue of any ord. or ords., and in all other cases what- soever, and whether protection be given or not to the members of the P. F., Constables, and Coms. of T., or any of them, or any other person, by any ord. or ords., all members of the P. F., all Constables, all Coms. of T., and all other persons in all and every action brought against them or any of them for anything done by them or any of them in the execution of their or his office, shall be entitled to the protection afforded by the pro- visions of this ord. i : MAGISTERIAL LAW OF BRITISH GUIANA. PROCEDURE. SUMMARY OFFENCES. REVIEW COURT. INDICTABLE OFFENCES. INFERIOR CRIMINAL COURT. SUPREME CRIMINAL COURT. JURORS. COURT FOR CROWN CASES RESERVED. PROCEDURE IN SUMMARY OFFENCES. CONTENTS. Informations & Complaints, Ord. - 56—ss. 6, 14, 15, 11. ” Process Witnesses . The Hearing ” ” The 5 udgment Enforcing Judgment ; ” 19, ” 15, 4, 4, 19, 7; 3, 19, 4, 19, 5, 19, 15, , 68—ss. 3, 4, 11. ‘56—ss. 8, 9, 10. 8s. 13, 21, '72-—_-ss, 1, 2. 68—ss. 4, 5. 72-8. 18. ’41—-s. 1. *45—s. 1, ’66—s. 1-7. ’*56—ss. 19, 16, 17. *79—s, 14. 56—ss. 20, 22, 18, 23, 24. *68—s. 28. ’56—ss. 8, 4. 70—ss. 1, 2, 8. 68 —ss. 8, 4, 5, 6. "AT—ss. 2, 3, 4. ’69—s. 2. *56—ss. 34, 35. 69—s. 3. ’56—ss. 87-48, 45-9. ’65—Schedule, as N.B,—The above references to the ords. and sections are given in the exact order in which they are incorporated in the text, for facility of reference, SUMMARY OFFENCES. Lnformations and Complaints. AN information laid is the commencement of proceedings for a convic- tion; a complaint made for an order. Every information or complaint must be reduced into writing before process issued. The information or complaint should contain the name, address, and occupation of the in- former or complainant : the date and place of taking, and description of the J. P. receiving it, when reduced into writing by the J. P. from verbal instructions: the name of the accused, or a full description, if the name is not known; and, if an immigrant, the No., ship, and year; and, if a female, the sex: the date (as near as may be) and place of the commis- ‘sion of the offence, showing the jurisdiction of the J. P.: and the charge set out in such distinct terms (describing an offence known to the law, and comprised in some ord.) that the accused may know exactly what he has to answer; for though any variance between the information, summons, or warrant, and the evidence may be remedied on an adjourn- ment, yet the accused cannot be convicted of a different offence from that contained in the information, nor again of one not recognised as such by the ord. There must also be an allegation of any particular matters necessary to bring the accused under the scope of the 6rd., i.¢., when any particular description of person is mentioned in the ord.,the accused must be described as such a person (¢.g.,‘ owner” of premises); and when such words as “maliciously,” “knowingly,” “ feloniously,” etc., etc., aré used, the offence must be described as having been so committed. In stating the offence on the summoms or warrant, the nearer the exact words of the ord. are followed, the better. If the proceeding is on a second offence, the previous conviction should be mentioned. (Green- wood and Martin.) ‘ The following cases of the Review Court may be conveniently cited here :— ‘ “Tt must never be forgotten,” said Beaumont C. J., “that the first and most essential requisite to a good conviction is a complaint good in substance and in all essential forms, and nothing could be more im- portant in such a charge as this [Sunday trading} than the accurate statement of the day on which the offence was alleged.” (De Silva v. Greaves, 1 BR. C., 96.) The information or complaint, if written, need not necessarily be signed. (Temple v. William, 1 R. C., 149.) In D’Oliveira v. Darrell, 1 R. C., 218, Beaumont C. J. remarked that a reference to an ord. in a penal charge must be express and accurate, at the risk of the charge being found defective. The only safe course is, either not to refer at all tothe secise law by its particular enactments and QRD 19, 56 Contents of, Must be good. Signature to. Reference to ord. in a penal charge. ORD 19, ’56 Court must be held in district. Jurisdiction to be proved. Must charge an offence known to the law, § 6 When in writing, £14 When on oath. 4 SUMMARY OFFENCES. [pRocuDURE.- sections (for if the offence be precisely stated and charged as “ unlawful,” it is not necessary to make such reference), or to refer to the enactment under its original headings as “ord. 15 of 1850,” adding by way of security and caution any amending ord. betas In the same case the conviction was quashed as not showing jurisdic- tion, offence, procedure, or judgment, but being a mere unsigned memo- randum from the magistrate’s minute-book. With this case should be compared the case of McTurk v. Man (July 1876), in which Snagg C. J. seems to hold that the ord. under which the offence is charged must be specified. It may, however, not be uninterest- ing to state that the information in that case was settled by the Att.-Gen. In De Freitas v. Wight, 1 R. C.,174, a magistrate as Superintendent of Rivers and Creeks adjudicated on a case of trespass, on Crown lands far up the Demerara River, at Georgetown; and Beaumont C. J. said that nothing is clearer than that a magistrate or judge, to whom a local dis- trict is assigned for the exercise of his functions, must exercise them in, as well as for, that district. ' In Evans v. Young-ah-sam, 1 R. C., 145, Smith C. J. held that a magis- trate is justified in receiving evidence as to jurisdiction where the merits of a case have been gone into, and the objection is subsequently raised. The conviction must state the judicial district. (Reynolds v. Bennett, 2 BR. C., 27.) The jurisdiction must appear on the face of the conviction. (D’Aguiar. v. Harris, 2 R. C.,47 App.) : Nothing shall be intended to be within the jurisdiction of an Inferior Court, but that which is so expressly alleged. (Strahan v. Darrell, 1 R. C., 97. In I. i G. v. Clarke (July, 1876) the question was raised whether “Nonpareil in the parish of St. Paul” was a sufficient statement of jurisdiction, In Teenoowarian v. Kelly, 2 RB, C., App. xxxiv., Crosby J. said, “It may be said, prosecutors cannot be supposed to be able, in all cases, to describe the offence in an information or charge with legal certainty or precision. It may be so, but surely the clerk to the 8. J. P. should know whether the information or charge contains a correct statement of any offence known to the law ; and if not, surely the 8. J. P. should take care not to arraign a man upon an accusation to which he could not legally be called on to plead, and on which it is impossible for him to convict, even if proved. If he has any doubt as to the correctness of the statement of any offence in any information or charge, he need not issue a summons or a warrant, whichever may be required, since it is far better to wait to enable him to look into an ord., under which any information or charge is sought to be laid, rather than run the risk of the conviction, if illegal, being quashed. The foundation of the proceedings must be correct, and is of the first importance, for as the defendant can only be convicted of the offence stated in the information or charge, or of the offence, at all events if by consent, on which he may be arraigned. If, therefore, the statement in the information or charge does not constitute an offence known to the law, the conviction must of necessity be quashed.” Every information or complaint may be either verbal or written, and if verbal, the J. P. before whom such information or complaint shall be made, shall reduce the same into writing in clear and intelligible language. As to aiders and abettors, see ‘* Accessorigs,” ord. 19, ’56, 9. 12. Every complaint upon which a St. or Sp. J. P. shall be authorised by law to make an order, and every information for PROCEDURE J INFORMATIONS AND COMPLAINTS. 5 any offence or act punishable upon summary conviction, unless some particular ord, shall otherwise require, may respectively be made or laid without any oath or affirmation being made of the truth thereof ; except in cases of informations where the J. P. receiving the same shall thereupon issue his warrant in the first instance to apprehend the defendant as aforesaid, and in every such case where the J. P. shall issue his warrant in the first instance, the matter of such information shall be substantiated by the oath or affirmation of the informant, or by some witness on his behalf before any such warrant shall be issued. And every such complaint shall be for one matter of complaint only, and not for two or more offences. And every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney or other person authorised in that behalf. Several persons, all charged with the same offence, or matter, com- mitted at the same time and place, may be included in one information or complaint, and conviction or order. (Gonsalves v. Joseph, 2 RB. C., 99.) “Nemo bis vexandus pro und causa.” A charge of indecent expres- sions on the road, and using language tending to provoke a breach of the peace, arising from the same matter, has been held invalid, and one conviction quashed. (King v. Ashby, 1 R. C., 19.) Where a complaint has two charges the complainant must elect on which to proceed, before the defendant can be asked to plead. (Reynolds v. Bennett, 2 R. C., 23, App.) “One matter of complaint ” means one ground of complaint, A charge for destroying, defacing, and injuring a register was not held bad for duplicity, it being all one act: a charge for feloniously assaulting A. B. and stealing money from A. has been held good, it being all one act: a charge for harbouring 2 ims., harboured at the same time, has been held good. (Cox v. Bascom, 2 R. C., 57.) : An information charged defendant “ with having sold, or suffered to be sold,” under ord. 10,51. Such a charge was held bad, for being in the alternative, a fortiori, it is bad for stating as one alternative “the suffering to be sold,” which is not in itself and as distinguished from selling chargeable as an offence. (Martin v. Birch, 1. R. C., 107.) Atkinson J. remarked as follows in I. A. G. (Chittoo) v. Kelly—an application for a review of a summary conviction for “ wilful indolence during working hours, on week ending,” etc.— The fourth reason, briefly stated, is that the ‘information or charge’ is bad as including 7 days, and, therefore, containing 7 distinct offences. The I. A. G. relied with great confidence upon s. 14, ord 19, ’56, as establishing his contention. I drew his attention to the fact that the s. did not appear to support the reason inasmuch as it does not say that ‘informations’ shall be for one offence only, but merely that ‘eyery such complaint shall be for one matter of complaint only, and not for 2 or more offences.’ He still insisted that these charges under the I. Ord. ’73 were informations and not complaints, which latter, he said, were applicable to civil matters only. It is true that the majority of complaints are made in respect of civil matters. All complaints in debt or contract (and for damages by ord. 23, °61) are to be made under ord. 18, ’58; and ord. 19, ’56 is expressly declared (by s. 33, ord. 18, ’58) ‘not to have applied nor apply to any case of civil debt or otherwise recoverable at the instance of any private party.’ But there are complaints relating to civil matters ORD 19, ’56 Contents— One matter only, By whom made, One matter c complaint. Definition of. Alternative charge, Wilful indo- lence ‘‘ by the week,” By ORD 19, '56, “ Assault and battery.” $ 165 Limita- on of time. § 11 Descrip- tion of the property of partners, etc. . 6 SUMMARY OFFENCES. [pRocEDURE. which are within s. 14, ¢.g., those made under ss. 31, 32, and 38, ord. 6, ’55, relating to the maintenance of children by their parents and of parents by their children, and to affiliation matters. And there are also complaints to be made under s. 14 for acts or omissions which the law treats as offences. For instances of these we need not go beyond ord. 7, °73 itself. Ss. 83 and 84 create ‘offences’ connected with the giving of passes and the apprehension of deserters, for which an employer in the one case, and a manager in the other, is liable to be fined at the ‘complaint of the I. A. G.’ The distinction between ‘informations’ and ‘complaints’ is well known in the English law, and is observed in s. 14, ord, 19, 56, and, indeed, throughout the whole ord. Hence the clause which says that complaints shall not be for 2 or more offences cannot be held to include infurmations as well as complaints. The I. A. G. insisted that these I. charges are informations and not com- plaints; and I am inclined to think he is right, so far; because an indentured im. sentenced to be imprisoned under ord. 7, 73, ‘shall,’ by 8. 166, ‘be imprisoned with h.1.;’ and ‘such punishment,’ says Erle J. (Catell v, lreson, E. B, and E., 99) ‘is applicable only to a criminal proceeding.’ Crimes and quasi-crimes are the subjects of criminal pro- ceedings ; and the laying an information (not the making a complaint) is the proper mode of commencing a criminal proceeding. If, then, these im. charges are ‘informations,’ the fourth Reason of Review must fail; because, unless restricted by ord. 19, 56, an information here may (like an indictment) charge several offences—just as it might in England before 11 and 12 Vic., c. 43, s. 10, from which s. 14 of ord. 19, ’66 istaken. It is remarkable that the English section not only restricts ‘a ‘complaint’ to one matter of complaint, but goes on to restrict an ‘information’ also to one offence. The omission in the local sec. may have been accidental or it may have been designed. At any rate it is one which the Legislature only can supply.” (20 May, ’76.) In Evans v, Young-ah-sam, 1 R. C., 146, Smith C. J. held that the charge of assault and battery there complained of formed but one matter of complaint—giving the rule laid down by the Queen’s Bench that “In criminal cases it is sufficient for the prosecutor to prove so much of the charge as constitutes an offence punishable by law.” As to charge or complaint before Inf. Crim. Court see ord. 4, °72, 8. 22 infra, “INF. CRIM. PRoc.” In all cases punishable upon summary conviction where no time is already or shall hereafter be specially limited for making any such complaint or laying any such information in the ord. relating to each particular case, such complaint shall be made and such information shall be laid within 6 calendar months from the time when the matter of such complaint or information respectively arose. In any information or complaint or the proceedings thereon, in which it shall be necessary to state the ownership of any property belonging to or in the possession of more than one person, it shall be sufficient to name one of such persons, and to state the property to belong to the person go named, and another cr others, as the case may be; and whenever in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any work or building made,-maintained, or repaired at the expense of the PROCEDURE. | INFORMATIONS AND COMPLAINTS. 7 Colony, or of any materials for the making, altering, or repair- ing of the same, or of any goods provided for the use of the poor, or for the use of any public institution or establishment, or of any materials or tools provided for the repair of highways at the expense of the Colony, or of any materials or tools pro- vided for making or repairing any public road or building, or gate, or lamp, or boards, or stones, or posts, or fences, or other things erected or provided for the purpose of any such road, they may be therein described as the property of the inhabitants of the Colony of B. G. without naming any of them. The name of a firm is insufficient. (Hodge v. McBurne, 2 R. C., 68.} No objection shall be taken or allowed to any information, complaint, or summons, made or issued under or by virtue of ord. 19, ’66, or to any warrant to apprehend any defendant, issued upon any such information or complaint under or by virtue of the said ord., for any alleged defect therein, in sub- stance or in form, or for any variance between such information, complaint, summons, or warrant, and the evidence adduced on the part of the informant or complainant; and any J. P. may, at any time before his final decision in any matter, cause any such information, complaint, summons, or warrant to be amended so as to state the offence or ground of information or complaint correctly and in proper legal form; but if any such variance or amendment shali appear to the J. P. present, and acting at the hearing, to be such that the defendant hag been thereby deceived or misled, it shall be lawful for such J. P., upon such terms as he shall think fit, to adjourn the hearing of the case to some future day; and every conviction, order, or other process whatever, made or issued under autho- rity of the said ord., shall, if expressed with reasonable accuracy, not be held inoperative,.or bad, by reason of any defect of form therein, but shall be supported by all Courts, Judges, and Js. P., as good, effectual, and operative, for the purposes for which it shall have been made or issued ; and no conviction, order, or other process as aforesaid, need be under seal. ; It shall not be necessary in any information, complaint, or summons, made or issued under or by virtue of ord. 19, ’56, to negative any exemption, exception, proviso, or condition, in the ord. under which the same shall be framed, but the de- fendant may prove the affirmative thereof in his defence, if he would have advantage of the same. If any J. P. shall refuse to entertain an information or complaint in any case of summary jurisdiction, the party aggrieved by such refusal may obtain from him a copy of the ORD 19, '56 ORD 5, ’68 S 3 Defects or variances. Amended. Where defend- ant misled, Adjournment. No seal. S$ 4 Complaint, etc., need not negative any proviso, ete, Onus probandi. 11 Refusal of J. P. to enter- tain complaint, 8 SUMMARY OFFENCES. [PROCEDURE.. ORD 5, ’68 entry in the record book relating to such refusal, and, on giving 3 days’ previous notice thereof to the J. P., may make application to the Court of Review for an order, to be con- sidered an order in review, on the J. P. to entertain, hear, and determine such information and complaint; and if the Court of Review shall see fit to grant such order, the J. P. shall be bound forthwith to entertain, and thereafter to hear and deter- mine, such information or complaint in due course of law. It does not quite appear under what circumstances the complainan should proceed under this s. or under s. 5 of ord. 31, ’50.—See INTRO DUCTION. The words above are “ may,” not “must” or “shall,” ORD 19, '56 Process to Issue. $8.Summons In all cases where an information shall be laid before any ” J. P. that any person has committed or is suspected to have committed any offence or act for which he is liable by law, upon a summary conviction for the same, to be imprisoned or fined, or otherwise punished hereunder, and also in all cases where a complaint shall be made to any such J. P., upon which any St. or Sp. J. P. has or shall have authority by law to make any order for the payment of money or otherwise, then and in every such case such J. P. may issue his summons (A) driected to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place before the St. or Sp. J. P. for the district, as the ‘case may be, to answer to the said informlation or complaint, and to be further dealt with according to aw: And every such sum- mons shall be served by a member of the police force, or constable, or other person to whom the same shall be delivered, upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some wee ofser- person for him at his last or most usual place of abode: And : the member of the police force, or constable, or person who shall serve the same in manner aforesaid, shall attend at the time and place, and before the St. or Sp. J. P. in the said summons mentioned, to depose, if necessary, to the service of _ Defect orva- the said summons. [No objection is to be allowed for any defect pa or variance between such information, complaint, or summons, and the evidence adduced; but the J. P. may adjourn the hearing. | Service. A copy served at the house upon some person apparently residing . there as a servant is a good service. The J. P. is to decide on the reason- ableness of the service. Defendant’s appearance cures irregularity of service, unless he takes his objection at first (G. & M.). A summons to appear next day 8 miles distant for assault was held to be well served in England, although the defendant was not at home when the summons PROCEDURE. | PROCESS. 9 was left, and did not return till late at night ; and the Justices were held justified, on non-appearance, in proceeding ex parte. (Stone.) It has been decided in England that the reasonableness under the cir- cumstances of the length of time between the service of the summons and the time for appearance is a matter for the J. P., which the Court of Appeal will not interfere with, and that service one day to appear the next isnot unreasonable. (Etadally v. Salmon, 2 R. C., App. 64.) The summons must be served personally on the party charged, or by leaving the same with some person for him at his last or most usual place of abode. On non-appearance and on proof of service the J. P. may pro- ceed ex parte. (Gomes v. Smith, 2 R. C., 244.) The fact of a summons having been issued by an Acting Mag. does not preclude the District Mag., on his returning, issuing a new summons and proceeding in the case. (Toney v. Daly, 2 R. C., 103.) If the person so served with a summons as aforesaid shall not be and appear before the St. or Sp. J. P. at the time and place mentioned in such summons, and it shall be made to appear to such St. or Sp. J. P., by oath or affirmation, that such summons was so served, for what shall be deemed by such St. or Sp. J. P. to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such St. or Sp. J. P., if he shall think fit, upon oath or affirma- tion being made before him, substantiating the matter of such ORD 19, '56 What is reason- able notice to appear. Service. Summons issued but not heard by acting J.P. §$ 9 If sum- mons not obeyed information or complaint to his or their satisfaction, to issue his‘ warrant (B) to apprehend the party so summoned, and to bring him before the same St. or Sp. J.P. to answer to the said information or complaint, and to be further dealt with according to law: Or upon such information being laid as aforesaid for any offence punishable on summary conviction, the J. P. before whom such information shall have been laid may, if he shall think fit, upon oath or affirmation being made before him, sub- stantiating the matter-of such information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the St. or Sp. J. P. to answer to the said information, and to be further dealt with according to law: Or if where a summons shall be issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the ap- pearance of the party so summoned, such party shall fail to appear accordingly in obedience to such summons, then and in every such case, if it be proved upon oath or affirmation to the St. or Sp. J. P. that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such St. or Sp. J. P. to proceed ex parte to the hearing df such information or complaint, and to adjudicate thereon, as fully and effectually, to all intents and purposes, as if such party had personally appeared before him in obedience to the said summons, Warrant (B). Warrant (C) first instance. Hearing ex parte ORD 19, ’56 $10 Warrant. How directed. Contents of. How executed. §$ 13 May be summoned (D 1). Documents. On diso- bedience war- rant (D 2), 10 SUMMARY OFFENCES. [PROCEDURE. Every such warrant to apprehend a defendant, that he may answer to any such information or complaint as aforesaid, shall be under the hand of the J. P. issuing the same, and may be directed either to any member of the police force, constable, or other person by name, or generally to any member of the police force, or constable, without naming him, or generally to all the members of the police force or constables within the colony of B. G., and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or other- wise describe the person against whom it has been issued, and it shall order the member of the police force, constable, or other person to whom it is directed, specially or generally, to appre- hend the said defendant and to bring him before the St. or Sp. J.P. of the Dis., to answer to the said information or complaint, and to be further dealt with according to law; and it shall not be necessary to make. such warrant returnable at any particular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending the defendant at any place within the Colony; and in all cases where such warrant shall be directed to all members of the police force or constables, it shall be lawful for any member of the police force or constable to execute such warrant in like manner as if such warrant were directed specially to such mem- ber of the police force or constable by name. A warrant remains in force until its execution, despite the issuing Justice’s death. (G. & M.) Wrtnesses. If it shall be made to appear to any J. P. that any person is likely to give material evidence in behalf of the prosecutor or complainant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such information or complaint, such J; P. may and is hereby required to issue his summons (D 1) to such person, under his hand, requiring him to be and appear at a time and place mentioned in such summons before the St. or Sp. J. P. for the district, to testify what he shall know concerning the matter of the said information or complaint, and also to produce then and there such documents, if any, as may be described or mentioned in such summons. And if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, or to produce any document therein"described or mentioned, and no just ex- cuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the PROCEDURE. | . WITNESSES. 11 same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs and expenses in that behalf), it shall be lawful for the St. or Sp. J. P. before whom such person should have appeared to issue a warrant (D 2) under his hand, to bring and have such person at atime and place to be therein mentioned before him to testify as aforesaid; Or if any J. P. shall be satisfied, by evidence upon oath or affirmation, that it is pro- bable that such person will not attend to give evidence without being compelled so to do, then instead of issuing such summons, it shall be lawful for him to issue his warrant (D 8) in the first instance ; And if on the appearance of such person so summoned, either in obedience to the said summons, or upon being brought up by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, or shall refuse to produce any such documents, without offering any just excuse for such refusal, the St. or Sp. J. P. may, by warrant (D 4) under his hand, commit such person so refusing to any jail of the County where such person so refusing shall then be, there to remain and be imprisoned for any time not excdg. 7 days, unless he shall in the meantime consent to be examined and to answer concerning the premises, and to produce such document, if any, and otherwise pay obedience to said summons. Refusal by Mag. to hear a witness is sufficient ground for reversal of the conviction. (Sample v. Horton, 2 RB. C., 189.) Privilege.—A barrister applied in appellant’s name to the Rec.-Gen. for, and obtained, some license, respecting which he declined on his examination before the Mag. to give evidence on the ground of privilege, which the Mag. allowed. Snagg C. J—‘“I think the barrister was not entitled to the privilege claimed, for an application for a license to keep a tavern cannot be said to come within the scope of the employment of a barrister.” (1876.) Every prosecutor of any such information, and every com- plainant in any such complaint as aforesaid, whatever his interest may be in the result of the same, shall be a competent witness to support such information or complaint respectively ; and every witness at any such hearing as aforesaid shall be examined upon oath or affirmation, and the St. or Sp. J. P. before whom any such witness shall appear for the purpose of being so examined, shall have full power and authority to administer to every such witness the usual oath or affirmation. It seems doubtful whether witnesses attending voluntarily can be com- mitted (D 4), but the form makes no reference to the service of the summons. By 14 & 15 Vic., c. 99, the defendant is eligible as a witness on complaint, but not on information, As to immigrants, see “ IMMI- GRATION.” ORD 19, '56 Warrant in first instance @ 3). Refusal to be examined. Wa rant (D s Effect of re- fusal to hear a witness. Privilege. 8 21 Their competency, and how sworn, ORD 15, ’72 Preamble. § 1 Witness must answer questions. $ 2 Judge’s certificate—a bar to prosecu- _ tion on account of answers. ORD 19, 566 Hearsay Evi- dence, 12 SUMMARY OFFENCES. [PROCEDURE. Whereas it is expedient that authority should be given to certain Courts and Judges to compel a witness to give an answer to any question put to him, although he may state that such answer may criminate or tend to criminate himself; and also that a proper indemnity should be provided for every such witness :— Every person who may be called as a witness before any Supreme or Inferior Court (Criminal or Civil) shall be com- pellable to answer any question that may be put to him, not- withstanding that he may state that such answer will or may criminate or tend to criminate himself. If the Judge presiding in any such Court shall be of opinion that any witness who has been compelled to answer as aforesaid, has given his evidence in a becoming and satisfactory manner, he shall give such witness a certificate to the effect that he has been compelled to answer such question, and has given his evidence in a becoming and satisfactory manner; and such certificate shall be a bar to all proceedings in respect of the matters touching which the witness has been examined, except any proceedings on any charge of perjury which may be brought against such witness, on the ground of any falsehood in his evidence. As to hearsay evidence, Beaumont C. J. made the following remarks in Fernandez v. Greenslade, 1 R. C., 232: ‘The law is plain and consistent with common sense and justice that a conviction proceeding upon inad- missible evidence cannot stand. It is true that parties will sometimes blurt out statements that are inadmissible, and the fact of their being so blurted out, if not actually received by the Court, cannot prejudice the prosecution; though, when this occurs, something ought regularly to be done, or said, to intimate that it is repudiated. But when, on the other hand, as here, such inadmissible statements are embodied in a formal signed deposition, it is impossible to argue that they were merely blurted out as Ihave said, and not admitted. It is true also that when such inadmissible statements are palpably and wholly immaterial to the case, they will not serve to prejudice the proceedings. But it is equally well settled according to the dictates of common sense and justice, that if they have any appreciable connection with it by way (as I may say) of pseudo- evidence or prejudice, the conviction cannot be sustained by enquiring whether, without them, there might have been evidence enough for a conviction, for, it is impossible to say, and therefore idle to inquire, to what extent the improper evidence swayed the decision of the case. I know of no rule more important to maintain intact than this, and it is not long since all the Judges refused to proceed to judgment ona convic- tion before the Supreme Court, on the grounds that the learned Judge who presided at the trial had improperly admitted evidence manifestly of very slight importance, and indeed in the opinion of the learned Judge himself, of none, but yet having some connection with the case, and that was put forward at the trial as material. Now in the deposition of the complainant in this case, I find this statement: ‘On two occasions 1 had information that the defendant was in the habit of selling spirits.’ I do not wish’ to decide whether evidence to the effect of this statement would have been admissible or not, It appears to me to be a question PROCEDURE. | WITNESSES. 13 of some nicety, involving again the true construction of this ord. [6, 67, rep. by ord. 25,’68]; and I will only say that, if the intent to sell be material to the charge, probably such evidence would be admissible, but otherwise probably not. “ But, at all events, this evidence was not admissible, because it is mere hearsay. I have already pointed out that finding it upon the depositions, I must treat it as admitted in evidence, nor can I treat it as merely introductory, or explanatory, of the proceedings of the complainant. “ There is a very wholesome, convenient, and well-established form by which such explanations are given, viz., ‘from information I received ;’ a phrase perfectly neutral, and yet as explanatory as justice and law admits, though not always as much so as curiosity desires.” In Williams v. Lynch, 1 RB. C., 221, it appeared that the Mag. having called on the appellant for his defence, then sent him to another district in order that an inquiry should there be made as to certain statements which he made with regard to himself; and subsequently, after certain so-called evidence taken before another Mag. upon this inquiry being for- warded to him, he convicted the prisoner. Beaumont C.J. said :— Every part of this proceeding was not only wholly irregular but totally unac- countable; and in the result the so-called evidence and the judicial proceedings upon it wholly inadmissible. It is indeed a delicate and doubtful thing for a Mag. to take any active course to strengthen the case of either party appearing before him. To be active in investigating crime, putting it in a train of inquiry, and in every way facilitating that inquiry, is of course a Mag.’s duty; but when he comes to sit as an actual judge in summary proceedings taken before him, it must be a very exceptional case indeed that can justify a Mag. in doing more than allow each party the fullest opportunity consistent with a fair and regular administration of the law to complete his case; otherwise the Mag. becomes a party to the case, and greatly prejudices his just authority and influence in finally deciding it. But if this be so in general, it is so peculiarly in fiscal cases: and not only is there ‘an equity’ in fiscal cases—i.é., breaches of the fiscal laws are more mala prohibita, and not to be classed with things mala in se,—but they form a class of cases expressly committed to the care of executive officers of the Govern- ment, and in which therefore it is peculiarly undesirable that a Mag. should descend from his position as a judge into an arena of contest so precisely marked out, and so constantly open before him. " “A Mag. bas no power to delegate any part of an inquiry before him t. another. “ Again, the defence had been made without calling evidence, and no further evidence was adducible by the prosecution. On the other hand, had the defendant called witnesses, no evidence except in reply or rebuttal, and that not as to collateral but material circumstances only, would have been admissible on the part of the prosecution.” Every document, original or copy, in respect of which any fee shall be payable at the Reg.’s Office, Berbice, and every receipt for any fee of such office, shall upon payment of such fee be entered in the book required to be kept (ord. 3, ’60), with the No., year, and amount of such fee, written thereon by the Reg.; the fee to be received by the Reg. and paid in to the Ass. Rec. Gen., Berbice, who shall write, or stamp, his name and official designation, under the writing of the Reg. No document or receipt coming within the provisions of this ord. shall be received in evidence in any Court, or by any 3 ORD 19, ’56 Mag. must not delegate his duty to take evidence, No reply unless the deft. calls witnesses, ORD 4, ’68 S 4 Receipt , etz., by Regi:- trar, Berbice, ORD 4, 68 S 5 Interim receipts. ORD 4, '72 $ 13 Children. Compulsory answers. ORD 19, ’41 $1 Native Indians. ORD 7, ’45 § 1 Immi- grants. ORD 3, ’66) 81. S 2 How far witness may be discredited by the party pro- ducing him, $ 3 Proof of contrad.ctory statements of «1 dver.e witness, 14 SUMMARY OFFENCES. [PROCEDURE. Judge, or J. P., or other legal authority, without its being so written on or stamped as aforesaid by the Ass. Rec. Gen., unless (under s. 5) in cases of arrest or other emergency, where documents shall be prepared out of the usual office hours, when the Reg. may give off such documents and may write interim receipts thereon, dated of the day and hour in which they are given, and such receipts and the documents on which they are written may be received in evidence for 48 hours after such date. Children ignorant of the nature and obligation of an oath may give evidence as to matters of fact within their direct personal knowledge, subject to such deduction from its weight as the Court may deem proper by reason of its being unsworn; the presiding Judge to determine whether any child is of competent understanding to give testimony. As to witness being compelled to answer, see ord. 15, ’72, supra, p. 12. The testimony without oath of the aborigines or native Indians, ignorant of the nature and obligations of an oath, as to matters of fact lying within their direct personal knowledge, shall and may be received in all Criminal Cases whatsoever: Provided always that the admissibility of such evidence shall be subject to such deduction from its weight as any Court may deem proper to attach to the fact of such testimony being un- sworn, The testimony, without oath, of African, Coolie, or Chinese Ims., ignorant of the nature and obligations of an oath, shall and may, as to matters of fact lying within their direct personal knowledge, be received in all Criminal Cases whatso- ever: Provided always that the admissibility of such evidence shall be subject to such deduction from its weight as any Court may deem proper to attach to the fact of such testimony being unsworn. Ord. to apply to all Courts of Judicature. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the Judge, prove ad- verse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last- mentioned proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. If a witness upon cross-examination as to a former statement made by him relative to the subject matter of the indictment or proceeding, and inconsistent with his present testimony, does PROCEDURE. | THE HEARING. 15- not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstance of the supposed statement, sufficient to designate the particular occasion, must be men- tioned to the witness, and he must be asked whether or not he has made such statement. A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject matter of the indictment or proceeding, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he may think fit. A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon being so questioned, if he either denies that he has been so convicted or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction: and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official cha- racter of the person appearing to have signed the same. It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite ; and such instrument may be proved as if there had been no attesting witness thereto. Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings and the evidence of witnesses respecting the same may be submitted to the Court, or to the Court and Jury, as evidence of the genuineness or otherwise of the writing in dispute. * The Fearing. Every St. or Sp. J. P. shall keep a record book, in which shall be entered in the proper column the number of the case, the date of laying the information or making the complaint, the date of adjudication, the name of the complainant, the ORD 3, ’66, 8 4 Cross-cxa- mination as to previous state- ments in writing S 5 Proof of previvus convic- tion of witness may be given. 8 6 Proof by attesting wit- ness, S 7 Compari- son of disputed writing. ORD 19, ’56 $19 Record books. ORD 19, ’56 Reference to Where minutes are imperfect. Evidence of previous convic- tion. If improperly taken, when ob- jectable. I. A. G, not entitled to a copy of papers, Contents of record a ground for review (?) S$ 16 Public Court. $17 Non- appearance of defendant. Warrant. 16 SUMMARY OFFENCES. [PROCEDURE® name of the defendant, the substance of the information or complaint, the names of witnesses tendered and examined or rejected, with the reasons for such rejection, the number of the ord. under which the case shall be tried, the judgment, and the costs; and if any such St. or Sp. J. P. shall dismiss or refuse to entertain a complaint, he shall enter such dismissal or refusal. with the grounds thereof in the record book; and such record book shall remain in the district, and shall be transferred by each such J. P. to his successor in office. The record book should contain a reference to the ord. in every case. (Johnson v. Jack, 1 R. C., 85.) A conviction was quashed, there being no evidence on the minutes of any defence being putin. (Reynolds v. Bennett, 2 R. C., App. 27.) In I, A. G. (Seejoree) v. Thompson (4 Nov., 76) it is propounded that a production of the record book, and not a statement on oath by the Mag.’s Clerk, is the proper mode of evidencing a previous conviction : that such an objection must be taken before the Mag., and not before the Review Court, and if not there taken, possibly could not be taken in Review Court: that questions cannot be considered in Review by the Judge, unless raised by the reasons: and that the I. A. G. is not entitled to a copy of the papers from the Mags. In a recent case it was suggested but not decided that the ord. did not make it a condition that the contents of the record book should form a ground of Review. The room or place in which any St. or Sp. J. P. shall sit to hear or try any such complaint or information shall be deemed an open or public Court to which the public generally may have access so far as the same can conveniently contain them, and the party against whom such complaint is made or information laid shall be admitted to make his full answer and defence there- to, and have the witnesses examined and cross-examined by counsel or attorney on his behalf, and every complainant or informant in any such case shall be at, liberty to conduct ‘such complaint or information respectively, and to have the witnesses examined and cross-examined by counsel or attorney in his behalf. He may act as his own advocate, and afterwards give evidence him- self, though very objectionable. (G. & M.) If at-the time and place appointed in and by the said sum- mons aforesaid for hearing and determining such complaint or information the defendant against whom the same shall have been - made or laid shall not appear when ealled, the member of the police force, constable, or other person who shall have served him with ithe summons in that behalf, shall declare upon oath in what manner ho served the same; and if it appear to the satisfaction of the St. or Sp. J. P. that he duly served the said summons, in that case such St. or Sp. J. P. may issue his warrant in manner hereinbefore directed, and shail adjourn the hearing of the said complaint or information until the said PROCEDURE. | THE HEARING. 17 defendant shall be apprehended ; and when such defendant shall afterwards be apprehended under such warrant, he shall be brought before the said St. or Sp. J. P., who shall thereupon, either by his warrant (E) commit such defendant to the jail or some other prison, lock-up house, or place of security, or if he think fit, verbally, to the custody of the member of the police force, constable, or other person who shall have apprehended him, or to such other safe custody as he shall deem fit, and order the said defendant to be brought up at a certain time and place before him, of which said order the complainant or in- formant shall have due notice; or if at the time and place so appointed as aforesaid such defendant shall attend voluntarily in obedience to the summons in that behalf served upon him, or shall be brought before the said St. or Sp. J. P. by virtue of any war- rant, then if the complainant or informant having had such notice as aforesaid do not appear by himself, his counsel, or attorney, the said St. or Sp. J. P. shall dismiss such complaint or inform- ation, unless for some reason he shall think proper to adjourn the hearing of the same unto some other day upon such terms as he ‘shall think fit; But if both parties appear, either personally or by their respective counsel or attorneys, he shall proceed to hear and determine the complaint or information. It is usual, on the request of either party, to order witnesses out of Court, and in this Colony it seems best always to take that precaution: but if they disobey the order, their evidence cannot be rejected. The dismissal on the non-appearance of the complainant will not prevent fresh proceedings: a certificate of dismissal (M.) being only granted after hearing the evidence. (G. & M.) A man must be tried in the case he comes prepared to meet, and not on any other. (McPherson ». Thomson, 1 R. C., 31.) A case should not be heard in the absence of the complainant. (De Cross v. Cuckow, 2 R. C., 86.) A dismissal is a sufficient adjudication without any further “judgment” or reason. (De Freitas v. Wight, 1 R. C., 175.) Upon every trial in every Criminal Court, whether the prisoners, or defendants, or any of them shall be defended by counsel or not, each prisoner, or defendant, or his counsel, should be allowed, if he shall think fit, to open his case, and after the conclusion of such opening, each prisoner, or defendant, or his counsel, shall be entitled to examine all the witnesses, and to give all the evidence that he may think fit, and there- after to sum up the evidence. Where the defendant shall be present at the hearing, the substance of the information or complaint shall be stated to him, and he shall be asked if he have any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be, and if he thereupon admit the truth of such information or complaint, and show no ORD 19, '66 Warrant (E). Non-appear- ance of com- plainant, Both parties appearing. Witnesses out of Court. Effect of dis- missal. Charge cannot be changed at hearing. Dismissal, ORD 4, ’72 Who may con duct the defence ORD 19, 56 S 20 Mode of rocedure, ORD 19, ’56 Rebutting evidence. Adjudication. Conviction (1, 2, 3). Order (K 1, 2, 3). Order of dis- missal (L). Certificate thereof (M). Exemption, etc.—onus pro- bandi, 18 SUMMARY OFFENCES. [PROCEDURE. cause or no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, then the St. or Sp. J. P. shall convict him or make an order against him accordingly ; but if he do not admit the truth of such information or complaint as aforesaid, then the said St. or Sp. J. P. shall proceed to hear the prosecutor or complainant, and such witnesses as he may examine, and such other evidence as he may adduce in support of his information or complaint _ respectively, and also to hear the defendant * and such witnesses as he may examine, and such other evidence as he may adduce in his defence, and also to hear such witnesses as the prosecutor or complainant may examine in reply, if such defendant shall have examined any witnesses, or given any evidence other than as to his, the defendant’s, general character ; and such evidence in such case shall be kept apart and numbered as.of the number of the record book; but the prosecutor or complainant shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply as aforesaid : And the said St. or Sp. J. P. having heard what each party shall have to say as aforesaid, and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order upon the defendant, or dismiss the information or complaint, as the case may be ; and if he convict or make an order against the defendant, a minute or memorandum thereof shall then be made, for which no fee shall be paid, and the conviction (I 1-8) or order (K 1-3), shall afterwards be drawn up by the said St. or Sp. J. P. in proper form, under his hand, and he shall cause the same to be lodged with the Pro-Sheriff of the County, to be by him filed among the records of his office; Or if the said St. or Sp. J. P. shall dismiss such information or complaint, he shall make an order of dismissal of the same (L), and shall give the defendant in that behalf a certificate thereof (M), which said certificate afterwards, upon being produced, without further proof, shall be a bar to any subsequent information or complaint for the same matters respectively against the same party. If the information or complaint in any such case shall negative any exemption, exception, proviso, or condition in the ord. on which the same shall be framed, it shall not be necessary for the prosecutor or complainant in that behalf to prove such negative, but the de- fendant may prove the affirmative thereof in his defence, if he would have advantage of the same. : * See ord, 4,’ 72, p. 17. PROCEDURE. | THE HEARING. 19 If the defendant appears voluntarily and does not require time, the case can be heard without a summons having been issued. (G. & M.) The orders above contemplated are (1) for a sum of money, to be levied by distress (K 1): (2) for a sum, in default, imprisonment (K 2): (3) to do some act, in default, imprisonment (K 3). The term of im- prisonment (K 1, 2, 3) should be fixed at the time of adjudication. (Sce ENFORCING JUDGMENT,” infra.) In I. A. G. (Chittoo) v. Kelly (20 May, ’76), Atkinson J. remarked as follows :—“ There is no such plea of guilty, as might, perhaps, supply the absence of evidence. It is thus taken down :—‘ Plea, Guilty—I had no shovel or fork to work with. Someone must have stolen them.’ That is not an unconditional plea of guilty, and even if it were a plea of guilty to a charge involving a first offence merely, would be no admission of guilt as to asecond or subsequent offence, and would give the J. P. no jurisdiction to fine and imprison as for a second or subsequent offence.” Again, on the same day in I. A. G. v. Morrison the same Judge said :— “ There is a mere plea of guilty to a charge which describes no offence, and such a plea in point of law is no admission of guilt.” See also I. A. G. v, Hunter (same day), to the same effect in two sepa- rate cases. In another case, I, A. G.v. Morrison, heard on the same day, the same Judge remarked :—“ The man pleaded that he was sick and had medicine from the sick-nurse. This the sick-nurse contradicted. But the plea is no such plea of guilty as would justify a conviction, and even if it were, isa plea toa charge containing no offence, and is, therefore, no admission of guilt, legally speaking.” See also Stuart v. Horton, 1 R. C., 50. If the complainant refuse to answer questions, the Mag. cannot dismiss the case, but should commit for contempt. (De Silva v. Pereira, 2 R. C., 26. A summons was issued by A (manager), and the deft. not appearing he was arrested on oath of B (acting manager). No notice of the arrest was given, yet the case came on, the overseer accidentally happening to be present. As A had left the Colony, and B was not present, the case was dismissed. (Seear v. Moore, 2 R. C., 64—affirmed.) Witnesses, if desiring it, must be examined in their own language, through interpreters. (Gomes v. Bruce, 2 R, C., 78.) A conviction was quashed, the prisoner having been sentenced in his absence. (Thillama v. Gardner, 2 R. C., 184.) Other persons are not authorized to make defence for a deft. (Gomes ». Smith, 2 R. C., 244.) d Rebutting evidence of witness in reply is admissible. Brumell, 1 R. C., 16.) Deft. cannot be examined on oath in criminal matters (except under the Im. ord.). 0. : After sentence passed, a Mag. is functus officio, and cannot take further evidence. (Lewis v. Furrey, 1 R. C., 147.) * Deft.’s evidence should be taken without interruption, and not be in- terrupted by rebutting evidence, which should come at the end of the defence. (De Car v. Coria, 1 R. C., 161.) If any reasonable doubt exists in the mind of the Mag. as to a person’s guilt, the party charged is entitled to the benefit of it. (Etadally v. Salmon, 2 R. C., App., 66.) In penal proceedings “month” means lunar month unless the word “calendar” is affixed. Clementson v, Comache,1R.C., 5.; ord. 9, 56 (p. 1),however, says the opposite. See also Butler v. Douglas under “ ENFORCING JUDGMENT,” p. 27. The prosecutor himself must appear to prosecute, as required by this (De Jesus v, ORD 19, ’56 Voluntary ap- ... , pearance of deft. Three kinds of orders, Plea—guilty. Refusal of complainant to answer, Non-appear- ance of prose- cutor, when prisoner arrested without his knowledge. Interpreters. Prisoner must be present at sentence, Deft. cannot delegate his de- fence, if absent, Rebuttal. Defendant not to be put on his oath, unless an immigrant. After sentence Mag,’s jurisdic- tion ceases. When rebut- ting evidence should be taken, Benefit of doubts. Month” de- fined, Appearance of prosecutor requisite in trespass. ORD 19, 56 S 22 Adjourn- ment, Application for. Notice of. Where judg- ment reserved, Application for, granted, conditionally, § 18 Commit- ment (F). Recognizance (). Forfeited re- cognizance (H), 20 SUMMARY OFFENCES. [pROcEDURE. ord. A case under the trespass ord. in which an overseer appeared for the manager. (Abdolah v. Barclay, 2 RB. C., App. 19.) Before or during such hearing of any such information or complaint, the St. or Sp. J. P. may, in his discretion, adjourn such hearing to a time and place to be then appointed and stated in the presence and hearing of the parties, and if at the time or place to which such hearing shall be so adjourned, either or both of the parties shall not appear, the St. or Sp. J. P. may proceed to such hearing or further hearing as if such party or parties were present; or if the prosecutor or complainant shall not appear, he may dismiss the information or complaint, with or without costs. An application for adjournment on the ground of summoning witnesses must be granted, where summons for deft. has been served too recently to admit of its being done before. (Daniel v. Ridley, 2 R. C., 41.) Due notice of adjournment must be given to both parties (Jardine v. Burrowes, 2 R. C., 73), but where judgment is merely reserved, the parties need not be called, as it is theirown business to be present or not. (Cuckow v. De Jesus, 2 R. C., 47.) When a deft. requires time to produce his witnesses it is reasonable, and the law, says Paley, “seems to require, that the party should be allowed a proper interval for that purpose.” It is in the discretion of the Mag. to adjourn the hearing, and in this case the Mag. was willing to adjourn the case; but according to his statement, he required the travelling expenses of the witnesses to be lodged or guaranteed, and I think he should not have made the postponement conditional on a require- ment which he was not entitled to impose. (Constantine v. Hubbard, 2B. C,, 182.) Whenever a St. or Sp. J. P. shall adjourn the hearing of any case to some future day, he may in the meantime commit (F) the defendant to any jail or other prison, lock-up house, or place of security, or to such other custody as he shall think fit, or may discharge him upon his entering into a recognizance (G), with or without surety or sureties, at his discretion, conditioned for the appearance of the defendant at the time and place to which such hearing shall be so adjourned; And in all cases where a defendant shall be so discharged, or where he shall be discharged upon recognizances after the issue of a warrant of distress as hereinafter enacted, and shall not afterwards appear at the time and place in such recognizance mentioned, then such. St. or Sp. J. P. upon certifying (H) upon the back of the said recognizance the non-appearance of the defendant may transmit the same to the Pro-Sheriff of the County within which it shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient: prima facie evidence of the non-appearance of the defendant. Estreating the recognizances does not terminate the proceedings be- fore the Justice; he may issue a warrant on the original charge, and proceed de nove. (G. & M.) PROCEDURE. | THE HEARING. 21 In all cases of conviction, where no particular form of such conviction is or shall be given by the ord: creating the offence, or regulating the prosecution for the same, and in all cases of conviction upon ords. hitherto passed, whether any particular form of conviction have been or may be therein given or not, it shall be lawful for the St. or Sp. J. P. who shall so convict to draw up his conviction in such one of the forms of conviction (I 1-8) in the schedule to this ord. contained as shall be applic- able to such case, or to the like effect, or as near thereto as may be material; and where an order shall be made and no particular form of order is or shall be given by the ord. giving authority to make such order; And in all cases of orders to be made under the authority of any ord. hitherto passed, whether any particular form of order be therein given or not, it shall be law- ful for the St. or Sp. J. P. by whom such order is to be made, to draw up the same in such one of the forms of orders (K 1-8), in the schedule to this ord. contained, as may be applicable to such case, or to the like effect, or as near thereto as may be material; And in all cases where, by any ord., authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress for not obeying any order of such St. or Sp. J. P., the defendant shall be served with a copy of the minute of such order before any warrant of com- mitment or of distress shall issue in that behalf, and such order or minute shall not form any part of such warrant of commit- ment or of distress. The conviction must be carefully prepared, and should show on the face of it everything that is requisite to give the convicting Justice juris- diction, nothing being left to inference: and should clearly set out the offence of which the accused is convicted. The judgment should be so distinctly stated as to leave no doubt or ambiguity. As to “Joint Offenders” see Note to s. 14, p. 5; as to “Consecutive Terms” sce Note to s, 39 infra. The minute in s. 23 refers to orders only, and may be served personally or at the last place of abode, and before the formal order is drawn up. G. & M.) ‘ A sentence of $30 for the month when the ord. prescribes $1 per diem is wrong in form—scil. $30 for 30 days would be correct. (Cle- mentson v. Comache, 1 R. C., 5.) In the case of a joint offence, where the defts. are included in one in- formation or charge, the conviction should be joint, to avoid the accumu- lation of costs: although the convictions being separate, the Court would not quash them on that account. The warrant of commitment must of course be separate, and the charge stated in the conviction. (Reynolds v. Bennett, 2 R.C., App. 28 ; Amos v. Haley, 1 R. C., 125; Gon. v. Jos., p. 5.) An adjudication of punishment is a material part of such orders, and a conviction without is anullity. (Cox. v. Bascom, 2 R. C., 59.) The words “S. J. P.” must be after the signature, to correspond with the body of the document. (Saunders. Douglas, 2 R. C., App. 89; Albert », Douglas, ib.) . A conviction must be good in all its parts, The information must be ORD 19, '56 8S 23 Forms of convictions (I 1, 2, 8). And orders (K 1, 2, 3). Minute of order. Sentence must be accurate. Joint convic- tion. Separate war- rant. Adjudication. Magistrate’s signature. Conviction must be good throughout. ORD 19, ’56 Imprisonment after return of no goods. § 24 Costs on conviction or order, On dismissal. Recovery of costs, Costs on with- drawal. ORD 65, ’68 S$ 28 Costs not to include fees, 22 SUMMARY OFFENCES. [PROCEDURE, supported by the evidence, and the judgment must be supported by both (Lord Mansfield). A judgment for too little is as bad as a judgment for too much (idem). If the conviction, therefore, be legally before the Court it would imply the necessity of the Court not overlooking any illegality on the face of the conviction, for the very word “ Review” would imply the review of the whole case. (D’Aguiar v. Gordon, 2 R. C., App. 53.) In Josiah v. Gay, 1 R. C.,171, Beete J. remarks that ‘the order of im- prisonment for want of goods to distrain is to be granted after a formal return to that effect, while the order of imprisonment is here made at the same time and in the same conviction. This is such an illegality that if any question arose as to the order of imprisonment, 1 should have no hesitation in quashing the conviction. As the fine has been paid pending the Review, I shall treat the latter portion of the conviction as surplusage.” Imprisonment can only be awarded after failure of sufficient distress. (Rodney v. Sampson, 1 R. C., 80.) In all cases of summary conviction, or of orders made by a St. or Sp. J. P., in his discretion, he may award and order in and by such conviction or order that the defendant shall pay to the prosecutor or complainant such costs as to him shall seem just and reasonable in that behalf. And in cases where such St. or Sp. J. P., instead of convicting or making an order as - aforesaid, shall dismiss the information or complaint, he may, in his discretion and by his order of dismissal, award and order that the prosecutor or complainant shall pay to the defendant such costs as to such St. or Sp. J. P. shall seem just and reasonable. And the sums so allowed for costs shall in all cases be specified in such conviction or order, or order of dismissal aforesaid, and the same shall be recoverable in the same manner and under the same warrants as any penalty or sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in cases where there is no such penalty or sum to be thereby recovered, then such costs shall be recoverable by distress, and the sale of the goods and chattels of the party, and in default of such distress by imprison- ment, with or without h. 1., for any time nat excdg. 1 calendar month, unless such costs shall be sooner paid. Williams v. Lynch, 1 R. C., 220. Conviction not signed. Sometimes the J. P. allows the case to be withdrawn on the defendant undertaking to pay the costs, or by other arrangements between the parties ; but it should be borne in mind that the Justice can make no order in such a case, and that the costs, if not paid, cannot be recovered before the Justice. (G. & M.) In any award of costs by any J. P. under ord. 19, ’56, the same shall not include fees to counsel or attorney. In Semple v. William, 1 R. C., 152, Smith C. J. laid down, on the authority of English practice and decisions, that if a conviction follows the form given by the ord., that is quite sufficient. The defendant is not to escape punishment merely because the Mag. in filling up a formal docu- ment omitted to strike out all the immaterial words hich became un- necessary by reason of the non-imposition of costs, e ROCEDURE. | THE JUDGMENT. 28 This s. (24) certainly authorises the Mag. to award reasonable costs, eg., those necessarily incurred, as for ferriage, travelling expenses, and bringing witnesses to Court, or other costs allowed by the tariff, but not fees to counsel or attorneys employed by deft. (Salmon v. Blake, 2 R. C., App. 21.) e Mag. may combine imprisonment for penalty and costs, and im- prisonment in lieu of payment of costs is legitimate. (Carreiro v. Cuckow, 28. C., 71.) The sum allowed for costs must in all cases be specified in the convic- tion or order. (De Guara v. Watson, 1 R. C., 193.) If one person has just cause to fear that any other person will do him some bodily harm, or threatens so to do, such person may demand sureties of the peace against such other person, and the 8. J. P. is bound to grant such sureties. But an information for such purpose must be laid before such §. J. P. on oath, that he is in actual bodily fear on account of such other person having threatened him with certain violence, and that other sureties are sought for, not out of malice or for vexation. The person charged can make no other defence than to show, if possible, the information was laid out of malice or for vexation; and the §. J. P. on the hearing decides upon the justness of the grounds of fear of the prosecutor, upon the merits of the case; and if the grounds are just, the party causing such fear is bound over to keep the peace for a time certain, and in default stands committed for such time, unless he finds other sureties as may be required on the hearing of the information, The 8. J. P. can order an alternative of imprisonment until such sureties as he may order be given. (Ragabons v. Rodiah, 2 R. C., 75, App.) There are some errors in the report of this case.) The Fudgment. Any St. or Sp. J. P. may make an order for the payment of any sum of money not exedg. $24, and may summarily con- vict and sentence any person, who may be proved to have com mitted any offence which by this or any ord. now or hereafter in force shall be punishable, by impr. with or without h. 1. not excdg. 80 days, or by a penalty not excdg. $24, or by both, or in the case of males by whipping, not excdg. 25 lashes in addi- tion to such impr., with or without h. 1, or to such penalty ; but no such sentence of whipping shall be carried into effect until after the expiration of the term hereinafter allowed for the party convicted fo pray for a review of the proceedings; nor, in the event of such prayer being so made, until after the decision thereupon ; and the said St. and Sp. J. P. shall likewise have ORD 19, 56 What ‘‘costs” include, One imprison- ment for penalty and costs. Amount of costs to be speci- fied. Recognizances to keep the peace. On informa- tion laid on oath. Defence. 53 Summary Punishments. Whipping. Jurisdiction of and exercise all jurisdiction in respect to summary convictions 8. J. P or orders which by any law or ord. in force before the passing of this ord. and not hereby répealed was vested in one or more Js. P. If any person shall commit a second time or more often any offence which, upon a first conviction, shall be punishable under s. 8 by a St. or Sp. J. P., but which, upon a second conviction, shall be punishable by the Supreme Court (Criminal), such St. or Sp. J. P. shall, unless the contrary be expressly enacted by any ord. relating thereto, impose any punishment to which such § 4 Where option to refer for trial to Sup. Crim, Court or summarily con= vict. 24 SUMMARY OFFENCES. [PROCEDURE. ORD 19, 56 offender shall be liable, whether the same would otherwise be beyond the jurisdiction of such St. or Sp. J. P. or not, or shall SG, 3p, Commit such person for trial before such Supreme Court ; but no such punishment to be inflicted by any St. or Sp. J. P. shall exceed impr. with or without h. 1. for 6 months, or a penalty of $50. As to ordinary J. P.’s powers, sce s. 46, infra—“ ENFORCING JUDG-~ MENT,” and ord. 17, ’47, p. 26. In awarding punishment it is essential that it be certain and deter- minate. Upon this principle in England a conviction condemning the defendant to pay £15, together with the charges previous to and attend- ing the conviction without specifying the amount, was quashed for uncertainty, and the commitment upon it discharged: so, also, a con- viction adjudging that the defendant had forfeited so much for penalties “together with the reasonable charges of recovering the same” was set aside as defective, in not ascertaining the exact sum. (Gomes v. Backer, 1R. C., 68,) Joint fine. > In McLean v. Robeira, 1 RB. C., 208, it was remarked that it has been held that the joint award of one fine against several defendants is erro- neous, whether the offence is in its nature single or joint. Enforcing Fudgment. ORD 15, ’70 i & a s $ 1 Power of In every case in which by any law or ord. now in force it is remitting Snes, necessary for the Gov, to obtain the advice and consent of the alone. C. of P. previously to the remission of any fine, penalty, or forfeiture, or the restoration of anything detained or seized, or the remission of any costs or expenses relating to or connected with any fine, penalty, forfeiture, detention, or seizure, it shall be lawful for the Gov., if he shall think fit, to remit such fine, penalty, forfeiture, costs, or expenses, or to order anything detained or seized to be restored, or to refuse such remission or restoration without such advice and consent; and every remission or restoration which the Gov. may think fit to order may be made in such manner, and on such terms and conditions as to him shall seem meet. $ 2 Petitions, Every petition or application, relating to any such fine, etc. penalty, forfeiture, detention, seizure, costs or expenses, whether addressed to the Gov. and C. of P. or to the Gov. alone, may be dealt with by the Gov., or may be referred by him to the C. of P. for their advice, as to him shall seem fit. _ § 3 Effect of Every person who shall accept or acquiesce in any such acquiescence in yemigsion or restoration as aforesaid, shall be thereby debarred Gov.'s order. : . . soe aes ‘ ne from having, maintaining, or continuing any action or suit in respect of any matter to which such remission or restoration shall relate, and no further proceedings shall be taken against any such person in relation to any such matter. 8. 4 ord. is not retrospective. PROCEDURE. | ENFORCING JUDGMENT. 25 The different modes of enforcing judgments are :— A. Penalties and orders. (1) Where a penalty, exclusive of the costs, does not exceed $24 the defendant may be imprisoned, without any distress warrant, accord- ing to the scale given in the ‘ Small Penalties Ord.” (3, ’68), infra. This does not apply to order's. (2) Where the ord, upon which the proceedings are taken makes no provision for the recovery of the penalty [if exclusive of costs under $24 (1) will apply], or sum ordered [after service of the minute of the order], or orders distress,—a distress warrant may issue, under ords.15,’69, 8. 2, and 19, 56, s. 34, p. 23. In default of distress the defendant may be imprisoned as directed by the ord. 19, ’56,s. 35 : if no term is so directed, he may be imprisoned under ord. 15, 69, s. 3, infra. (3) Where the ord. directs imprisonment in default of payment of any sum, whether a penalty [if exclusive of costs under $24 (1) will apply] or order, and makes no provision for a distress warrant, the de- fendant may be imprisoned as directed by ord. 19, '56, s. 37, infra. B. Imprisonment only being adjudged on conviction or for disobe- dience to an order, a warrant of commitment (P 1, 2) may issue under ord. 19, ’56, s. 38, infra. _ C. Costs,—When ordered with a p2nalty, or order for the payment of money, costs are recoverable on the same warrant, with the penalty or sum ordered. (Ord. 19,’56, s. 24, p. 22.) When ordered, where imprisonment only is adjudged (ord. 19, ’56, s. 24, supra, and s. 38, infra), or on dismissal (ord. 19, 56, s. 24, supra, and s. 40, infra), costs are recoverable by distress ; in default, imprison- ment, not exceeding one calendar month. ‘ Of appeal are deposited beforehand, (Ord. 5, ’68, s. 6, infra.) Of conveyance to gaol may in many cases be added to the commit- ment, (Ords. 19, ’56, ss. 35,37, 38, and 40; 15,69, 5.3; G. & M. adopted.) Small Penalties Ord., 1868 (3, '68). The word ‘penalty ” in this ord. shall include any sum of money recoverable upon summary conviction (7.2, adjudged upon conviction G, & M.). Where upon summary conviction any offender may be ad- judged to pay a penalty not excdg. $24, exclusive of costs, such offender in case of non-payment thereof may, without any warrant of distress, be committed to prison for any term not excdg. the period specified in the following scale, unless the penalty and costs shall be sooner paid :— For any penalty, exclusive The Impr. not of the costs. to exceed Not excdg. $2 die es ats Siels 7 days Excdg. $2, but not excdg. $5 ... sie’s oe, De — 5 dy 5, 5 $10... ste --. 1 montb. » $10, i $24 ... a ... 2months. Nothing in this ord. shall affect the power of imposing h. 1. in addition to imprisonment in cases where h. 1. might, on non- payment of the penalty, or in default of sufficient distress, have been so imposed if this ord. had not been passed. This ord. shall apply to penalties, including costs, recover- able in a summary manner in pursuance of any ord. rehtehw ORD 19, ’66 ORD 3, ’68 §$ 3 Definition. S 4 Commit- ment without distress, S 5 Saving as toh. 1. S 6 Extent of ord, ORD 3, ’68 ORD 17, ’47 81. § 2 Penalties recoverable by action. 83. S 4 Ditto on summary con- viction. ORD 15, ’69 §S 2 Distress warrant after conviction. Insnfficient distress, Where distress is rminous, Periods of committal. Ord. 3, ’68, p. 25, 26 SUMMARY OFFENCES. [procEDURE. passed before or after the taking effect of this ord., and shall apply to costs awarded against a complainant on dismissal of his information or complaint, The word “ including” in the last section is noteworthy. The English Act, 28 & 29 Vic., c, 127, all through “includes” costs, The ord, in every other place “ excludes ” costs, 8. 1 repeals, ord, 28, 29. Every pecuniary penalty, excdg. $48, recoverable under ord. 28, ’29, to be recoverable by action or suit in the Sup. Civil Court, or in any Inf. Civil Court, according to the amount thereof, with . costs, by, (s. 8,) and in the name of Her M.’s Att.-Gen., or other Law Officer. Every pecuniary fine and penalty not exedg. $48, the re- covery of which is not otherwise specially provided for, shall be recoverable upon conviction before any 2 Js. P. (now one 8. J. P.) under ord. 19, ’56. (See p. 24.) Where a conviction adjudges a pecuniary penalty or com- pensation to be paid, or where an order requires the payment of a sum of money, and by the. ord. authorising such convic- tion or order, such penalty, compensation, or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the ord. in that behalf no mode of raising or levying such penalty, compensation, or sum of money, or of enforcing the payment of the same, is stated or provided, the St. or Sp. J. P. shall issue his warrant of distress (N 1, 2) for the purpose of levy- ing the same, which said warrant of distress shall be in writing under his hand; And if, after delivery of such warrant of distress to the member of the police foree or constable to whom the same shall have been directed to be executed, sufficient dis- tress shall not be found, the St. or Sp. J. P. may commit such defendant as hereinafter meutioned; Or whenever it shall appear to the St. or Sp. J. P. that the issuing of a warrant of distress would be ruinous to the defendant’s family, or other- wise that he hath no goods or chattels whereon to levy such distress, the St. or Sp. J. P. may instead of issuing such warrant of distress commit such defendant as hereinafter mentioned, that is to say, the St. or Sp. J. P. may commit any such defendant to any jail of the county in which the conviction shall have taken place, there to be imprisoned with or without h. 1, for any time not exedg. the time authorised by ‘‘The Small Penalties Ord., ’68,” if the amount of the conviction shall not exceed $24, exclusive of costs, and not exedg. 4 calendar months if the amount of the conviction shall exceed $24 and shall not exceed $50, exclusive of costs, and not excdg. 6 calendar months if the amount of the conviction shall exceed $50, exclusive of costs. PROCEDURE. | ENFORCING JUDGMENT. 27 This last section authorises imprisonment in default of payment of a penalty or costs, (1) After levy, and no sufficient distress; (2), If it shall appear to the Mag. that to levy by distress would be ruinous to the defendant’s family, or that the defendant has no goods or chattels. The second case must be “made to appear” to the Mag. judicially on evidence, and the grounds must form part of the proceedings, and the conviction and sentence should state that it has so appeared. (Rodney v. Sampson, 1 R. C., 80.) As to the return being made of no sufficient goods, see David v, Hosannah, 1 R. C., 170. ; On the 5th Nov. ’76, in Dos Santos v. Cressall, wherein appellant was charged that “he being the owner of a certain shop on, etc, (Sunday), at, etc., was the owner of certain goods, to wit, rum. which was exposed for sale on the said Sunday contrary to ord. 5, ’67, s. 3, cl. 2,” the con- viction adjudged fine and costs, and in default of payment on day named, impr. with h. 1. for 60 days. The question was raised whether the Mag. could adjudge impr. without first issuing a warrant of distress. Wells ». Tebbutts (Oct. 75) cited in support. It appeared on affidavit that the money was paid a few days after the day named, (Decision reserved at time of going to press.—EpD.) See A (1), p. 25. In Rodney v. Rodney, 1 R. C., 239,Beaumont C. J. said :—“ The law is very plain that where not otherwise expressed, all fines imposed in cases of summary conviction shall be levied on the goods and chattels of the deft. by distress and sale; and it is only where sufficient distress shall be found, or where it shall be ‘made to appear’ to the Mag. that the deft. has no goods and chattels, or that it would be ruinous to him to levy upon them, that he may proceed to imprison the deft. Now here the Mag. has sentenced the appellant to be imprisoned if the fine be not paid on the presentation of the distress warrant, which gives no opportunity for the distress warrant to be executed before the im- prisonment, which can only be imposed as an alternative.” A conviction to pay fine and costs,to be levied by distress, and failing distress, 2 months’ impr., is good. (Carreiro v. Cuckow, 2 R, C., 71. The commitment should recite clearly the conviction of the defendant and the amount, etc., of his punishment. (See Note to 19,'56, s. 23, p. 21, and preliminary observations on “INFORMATIONS AND COMPLAINTS,” 1 It cannot be amended, like the information, but if there is any error in it, a fresh commitment may be lodged with the keeper of the jail, etc., upon which the defendant may be detained. The imprisonment com- mences from the time of arrest under the warrant of commitment. (G. & M. renal ». Burns, 1 R. C., 207, King J. said :—“ If it is intended that one term of imprisonment should commence at the expiration of another it should be so stated in both conviction and commitment. A foot-note ‘This to take effect after the first sentence’ is irregular and informal. The fact must be stated in the body of each instrument.” Norton J.:—‘In the conviction the term of imprisonment awarded is for one month, which by s. 2 of 9, 56 must mean a calendar month, unless words be added showing a lunar month to be intended. Now when the adjudication and the conviction differ as to the punishment, how can that punishment awarded by either be enforced? In other words how is the commitment to be drawn up? If in accordance with the adjudication, then it will not correspond with the conviction, and consequently will be illegal, it having been held that a commitment was bad as varying from the conviction, such variance being with respect to the punishment. But suppose on the other hand the commitment be made to conform to the conviction, then such commitment will necessarily differ from the ORD 19, '56 Question of committal with- out previous distress warrant. Where im- prisonment is alternative. Example of good conviction, Commitment. Not amend- able, When begins, Consecutive Tms, How commit- ment to bedrawn up. ORD 19, ’66 Conviction, S 34 Distress warrant, Security of defendant until return made. $ 35 Default of distress. Return (N 3). Committal (N 4), 28 SUMMARY OFFENCES. [PROCEDURE. adjudication, and-consequently will be bad in law, otherwise the con- sequence would follow that though the minimum penalty were imposed: the maximum might be enforced and a person might then be incarcerated for one, two, or in some cases even for six months, though the sentence had adjudged him to suffer, say, but one week’s imprisonment, and though such sentence had never been formally revoked or even modified. To hold that the commitment, however widely at variance it might be with the adjudication, could be legally enforced provided only it correspond with the conviction, would virtually be to affirm that a Mag. might capriciously substitute for the punishment solemnly awarded by his sentence the very utmost penalty that he had authority in any given case to impose, and that, too, clandestinely and without making any change in the adjudication.” N.B.—‘ A month” was substituted for “30 days.” (Butler v. Douglas, 2 BR. C., App. 18.) In all cases where a St. or Sp. J. P. shall issue any such warrant of distress, he may, by an order in writing, suffer the defendant to go at large, or to be kept and detained in safe cus- tody until return shall be made to such warrant of distress, unless such defendant shall give sufficient security, by recogni- zance or otherwise, to his satisfaction, for his appearance before him at the time and place appointed for the return of such warrant of distress. If at the time and place appointed for the return of any such warraut of distress, the member of the police force or constable who shall have had the execution of the same, shall return (N 3) that he could not find any goods or chattels, or any sufficient goods or chattels, whereor he could levy the sum or sums therein mentioned, together with the costs of or occasioned by the levying of the same, the St. or Sp. J. P. may issue his warrant of commitment (N 4) under his hand, directed to the same, or any other member of the police force or constable, reciting the conviction or order shortly, the issuing of the warrant of distress and the return thereto, and requiring such member of the police force or constable to convey such defendant to an jail of the county in which such St. or Sp. J. P. shall be at the time of issuing such warrant of commitment, and there to deliver him to the keeper thereof, and requiring such keeper to receive the defendant into such jail, and there to imprison him with or without h. 1. in such manner and for such time as shall be directed and appointed by the ord. on which the conviction or order mentioned in such warrant of distress was founded, unless the sum or sums adjudged to be paid and all costs and charges of the distress, and also the costs and charges of the commitment, and conveying of the defendant to prison if such St. and Sp. J. P. shall think fit so to order (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. PROCEDURE. | ENFORCING JUDGMENT. 29 If the goods found are insufficient, it is better not to distrain on them, but to make a return of insufficient goods, that a commitment may issue, for the defendant should not be punished both by the loss of his goods and in person. A penalty on a married woman cannot be levied on the goods of her husband, -(G. & M.) In all cases where by this or any ord. a St. or Sp. J. P. is authorised to issue warrants of distress to levy penalties or other sums payable in virtue of any order made under this ord., and no sufficient distress be found whereon to levy such penalties or other sums, the St. or Sp. J. P., upon the return being made that no sufficient goods of the party against whom the warrant of distress shall have been issued can be found, may by his warrant as aforesaid vommit the defendant to any jail as aforesaid, there to be imprisoned with or without h. L.. for any term not excdg. the time authorised by “The Small Penalties Ord., ’68,” if the amount of conviction shall not exceed $24, exclusive of costs, or not excdg. 4 calendar months if the amount of conviction shall exceed $24 and shall not exceed $50 exclusive of costs, and not excdg. 6 calendar months if the amount of the conviction shall exceed $50 exclusive of costs, unless the sum adjudged to be paid, and all costs and charges of the distress and of the commitment and conveying of the defendant to prison, (the amount thereof being ascer- tained and stated in such commitment,) shall be sooner paid. In all cases where the ord. by virtue of which a conviction for a penalty or compensation, or an order for the payment of money is made, makes no provision for such penalty or compen- sation, or sum being levied by distress, but directs that if the same be not paid forthwith, or within a certain time, therein mentioned or to be mentioned in such conviction or order, the defendant shall be imprisoned, or imprisoned and kept to h. 1. for a certain time, unless such penalty, compensation, or sum shall be sooner paid, in every such case such penalty, compen- sation, or sum shall not be levied by distress; but if the de- fendant do not pay the same, together with costs, if awarded, forthwith, or at the time specified in such conviction or order for the payment of the same, the St. or Sp. J. P. may issue his warrant of commitment (O 1-2) under his hand requiring the member of the police force or constable to whom the same shall be directed, to take agd convey such defendant to any jail of the County in which such warrant of commitment is made, and there to deliver him to the keeper thereof, and requiring such keeper to receive such defendant into such jail, and there to imprison him, or to imprison him and keep him to h. 1. as the case may be, for such time as the ord. on which such con- viction or order is founded as aforesaid shall direct, unless the sum or sums adjudged to be paid, and also the costs and 4 ORD 15, '69 $ 3 Distress warrant after order, Insufficient distress. Periods of committal. Ord, 3, 68, supra, ORD 19, ’56 $ 37 Where the ord. directs imprisonment on. non-payment, 30 SUMMARY OFFENCES. [PROCEDURE. ORD 19, ’56 charges of taking and conveying the defendant to prison, if such St. or Sp. J. P. shall think fit so to order, shall be sooner paid. __8 38 Where Where a conviction does not order the payment of any penalty, only is adjaagea, but that the defendant be imprisoned or imprisoned and kept to h. 1. for his offence, or where an order is not for the payment ‘of money but for the doing of some other act, and directs that in case of the defendant’s neglect or refusal to do such act he shall be imprisoned or imprisoned and kept to h. 1., and the defendant neglects or refuses to do such act, in every such case Pi,2. the St. or Sp. J. P. may issue his warrant of commitment (P 1, 2) under his hand, and requiring the member of the police force or constable to whom the same shall be directed, to take and convey such defendant to any jail of the County in which such warrant is made out, and there to deliver him to the keeper thereof, and requiring such keeper to receive such defendant into such jail, and there to imprison him or to imprison him and keep him to h. 1., as the case may be, for such time as the ord. on which such conviction or order is founded as aforesaid aoe such ghall direct; And in all such cases, where by such conviction : or order any sum for costs shall be adjudged to be paid by the defendant to the prosecutor or complainant, such sum may, if the St. or Sp. J. P. shall think fit, be levied by warrant of distress (P 3, 4) in manner aforesaid, and in default of distress, the defendant may, if such St. or Sp. J. P. shall think fit, be committed (P 5) to any jail in manner aforesaid, there to be imprisoned for any time not excdg. 1 calendar month, to com- mence at the termination of the impr. he shall then be under- going, unless such sum for costs, and all costs and charges of the said distress, and also the costs and charges of the commit- ment and conveying of the defendant to jail, if such St. or Sp. J. P. shall think fit so to order, shall be sooner paid. ge St Wher Where a St. or Sp. J. P. shall, upon any information or com- already in plaint as aforesaid, adjudge the defendant to be imprisoned, and prison, such defendant shall then be in prison undergoing impr. upon a conviction for any other offence, the warrant of commitment for such subsequent offence shall in every such case be forth- with delivered to the jailer, to whom the same shall be directed, and such St. or Sp. J. P. may award and order thereby that the impr. for such subsequent offence shall commence at the expira- tion of the impr. to which such defendant shall have been pre- viously adjudged or sentenced. Consecutive terms are admissible. A separate commitment for each conviction should be issued, one to commence and take effeet from the expiration of the other. (Gordon v. Burns, 1 R. C., 207, supra.) gape taen Where any information or complaint shall be dismissed with nae costs as aforesaid, the sum which shall be awarded for costs in PROCEDURE. | ENFORCING JUDGMENT. 31 the order for dismissal may be levied by distress (Q 1) on the goods and chattels of the prosecutor or complainant in manner aforesaid, and in default of distress or payment, such prosecutor or complainant may be committed (Q 2) to any jail in manner aforesaid for.any time not excdg. 1 calendar month, unless such sum and all costs and charges of the distress, and of the com- mitment and conveying of such prosecutor or complainant to jail (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. . It is thought that s. 24 authorises h. 1. in this case. (G. & M.) In all cases where any person against whom a warrant of distress shall issue as aforesaid shall pay to the member of the police force or constable having the execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or tender, such member of the police force or constable shall cease to execute the same; and in all cases in which any person shall be imprisoned as aforesaid for non-payment of any penalty or other sum, he may pay or cause to be paid to the keeper of the jail in which he shall be so imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges, and expenses (if any) therein also men- tioned, and the said keeper shall receive the same and shall thereupon discharge such person, if he be in his custody for no other matter. Fines and penalties recovered hereunder go to the Crown. The distress warrant authorises the officer to levy on the goods of the debtor, not the goods of any other person, and if he take the goods of another, it is to his interest to see that they are returned. On signing the warrant the Mag. is functus officio, and, it would seem, should not interfere—the subsequent permission to sell is an order as of course, and confined to the sale of the debtor’s goods. Semble, the proper remedy for illegal levy is a civil one, and not the appeal so often made for the Mag.’s interference, This ord. substituted for ord. 80, °50; repealed by s. 45. Tn all cases in which by any ord. in force before the passing of this ord. and not hereby repealed, any offence is declared to be punishable by one J. P. other than a St. J. P., the same shall, until otherwise enacted, continue to be so punishable: and the proceedings upon a complaint or information of any such offence shall be conducted as near as may be in manner and form, and shall be subject to review as directed by this ord. ; but no such J. P. shall be authorised or empowered to inflict any greater punishment than impr., with or without h. 1., not excdg. 80 days, or a penalty not excdg. $24. (As to St. J. P., see 8. 8, p. 23.) ORD 19, 56 Q1,2 § 41 On pay- ment, distress or imprisonment to cease. § 42. 5 43. 8 46 Process by one ordinary J.P. Extreme power of J P 32 SUMMARY OFFENCES. [PROCEDURE, ORD 19, '56 This s. (46) together with s. 2 of ord. 11, 58, gives the Court of Review jurisdiction over Js. P. generally. (D Aguiar v. Harris 2 R. C., 49.) : 8 47 Clerks’ The Inf. Crim. Court for any County may, at any session e88, thereof, make tables of fees which, in their opinion, should be paid to the Clerk of any Pro-Sheriff, the Clerk of any Inf. Crim. Court, and the Clerk of any J. P., and to all members of the police force and constables for all legal services under this ord., within their several jurisdictions, and which said tables respectively being signed by the Chairman of each such Inf. Court, shall be laid before the Gov. for his approval, with the advice and consent of the C. of P.; who may, if he shall think ut, approve of or alter all or any of such tables of fees, and declare that such fees are proper to be demanded and received wy the Clerks of the Pro-Sheriffs, the Clerks of the Inf. Crim. Courts, and the Clerks to the several J. P. throughout the Colony, and such tables of fees so approved and altered shall be published in the O. G.; and all such fees, when received by any Clerk or person deriving a salary from the Colony, shall be paid monthly by such Clerk to the Rec.-Gen. or Ass. Rec.-Gen., for the use of the Colony; and if after such publication any such Clerk shall demand or receive any other or greater fee or gratuity for any business or act transacted or done by him as any such Clerk than such as is set forth in any of such tables of fees, he shall forfeit for every such demand or receipt the sum of $50, to be recovered in manner and form directed by this ord., by any person who will complain for the same: Provided always that until such tables shall be framed and confirmed and published as aforesaid, it shall be lawful for such Clerks respectively to demand and receive such fees as they respectively are now by any law authorised to demand and receive. $48 Penalties, In every warrant of distress to be issued as aforesaid, the pee member of the police force or constable to whom the same ee shall be directed, shall be thereby ordered to pay the amount of the sum to be levied thereunder unto the J. P. issuing such warrant, and if any person convicted of any penalty or ordered by any J. P. to pay any sum of money, shall pay the same to any member of the police force, constable, or other person, such member of the police force, or constable, or other person shall forthwith pay the same to such J.P., and if any person committed to jail upon any conviction or order as aforesaid, for non-pay- ment of any penalty or of any sum thereby ordered to be paid, shall desire to pay the same and costs before the expiration of the time for which he shall be so ordered to be imprisoned by the warrant for his commitment, he shall pay the same to the jailer or keeper of the jail in which he shall be so imprisoned, and such jailer or keeper shall forthwith pay the same to the PROCEDURE. | ENFORCING JUDGMENT. 33 J. P. who shall have issued the warrant of commitment, and all sums received by any J. P. shall forthwith be paid by him to the party or parties to whom the same respectively are to be paid according to the directions of the ord. on which the infor- mation or complaint in that behalf shall have been framed, and if such ord. shall contain no such directions for the payment thereof to any person or persons, then the J. P. shall pay the same to the C. Rec.-Gen. or Ass. Rec.-Gen., who shall give him a receipt for the same; and every such J. P., jailer, or keeper of a prison shall keep a true and exact account of all such moneys received by him, of whom and when received, and to whom and when paid, in the form R (sched.), or to ‘the like effect, and shall, once in every month, render a fair copy of every such account unto the Rec.-Gen., or Ass. Rec.-Gen., under the penalty of $10, to be recovered by distress in manner aforesaid. A conviction was quashed for ordering costs to be paid to a police constable, who cannot, on receipt of the certificate of the 8. J. P., either be called to pay or receive such costs for services performed by him by virtue of his office. Nothing in this ord. contained shall be construed to prevent any person committing any offence against any ord. now in force, ™ and not hereby repealed, from being prosecuted and punished under such other ord., if the Att.-Gen. shall so elect; but no person shall be punished twice for the same offence. This ord. does not affect ords. containing express provisions for the recovery of penalties for offences under it. (D’Oliveira v. Darrell, 1 R. C., 219.) Table of Fees payable under ord, 19, °56, and every other ord. relating to Summary Convictions and Orders. For filling up each summons, including filing the eee or information 0 72 For filling up each warrant, ‘commitment and order... --. 0 60 39 each conviction aie’ 0 16 3 and filing each recognizance “for appearance of defendant, or for payment of DR in case of conviction being affirmed ae a es oe. 0 24 For each certificate of dismissal nas 0 24 For copies of evidence, or of any document, per ‘page of 120 words 0 12 For removal of property taken in execution, the reasonable ex- penses actually incurred and paid. NotTE,—The above fees for summonses, warrants, commitments, and orders to include all charges for serving the same, and making due return thereof: where the service is effected by a police constable, the Mag.’s clerk shall pay in respect thereof to the ORD 19, 56 Mispayment of costs. . 49 Scope of ORD 11, ’65 Fees (Criminal). 34 SUMMARY OFFENCES. [PROCEDURE. ORD 11, ’65 C. Rec.-Gen., from and out of the fee allowed for the instru- ment, the sum of 48c.; and where the service is effected by a rural constable the Mag.’s Clerk shall pay to such constable in respect thereof, from and out of such fee as aforesaid, the sum of 48c. A further fee, at the rates respectively aforesaid, to be allowed for every twelve hours over and above the first twenty-four hours, in every case where a police or rural con- stable shall be detained for more than twenty-four hours in effecting any such service. PROCEDURE BEFORE THE COURT OF REVIEW. CONTENTS. The Court . ; . Ord. 5, ’68—ss. 5, 22, 7. a : : Rules, July, "71—Decisions, Jurisdiction . z . Ord. 5, ’68—s. 10. Notice of Review . - x9» —ss. 12, 14, 15. or is ‘ » 4, 26, *55—s, 25. ue is j . 5, 5, ’68—ss. 20, 16, 17. The Hearing ‘ ‘ oe » —B88. 18, 22, 25,2, 8, 4. 5 : ex » —ss. 27, 26, 18, 19, 21, 5 3 43 » —ss. 28, 24, 8, 9, 31. Final Appeal ‘ 5 33 >» «=—ss. 5, 6, Remarks. THE COURT OF REVIEW. The Court. Tue Supreme Civil Court shall be a Court of Review in all cases of summary jurisdiction for the purposes hereinafter men- tioned, and all matters in the Court of Review shall be heard and conducted before any one of the Judges of the Supreme Court, who in all such matters shall have, possess, and enjoy the power and authority of the said Supreme Court under this ord. Any one of the Judges.of the Sup. Civil Court shall sit once in each week as a Court of Review, as well in vacation as in session, at such time and place, in G. and New Am., respectively, as may be fixed by any one of the Judges, and of which notice shall be given in the O. G. The said Sup. Court, or any two of the Judges thereof, may, subject to this ord., frame, and from time to time alter or vary general orders, for regulating the practice and procedure of the Court and the Judges thereof in all matters of Review under this ord.: but no such orders shall take effect until they shall have been laid before the Gov. and C. of P., and approved of by Resolution, and published in the O. G. In every case of a written application for Review, the appli- cant shall be bound to file with the Registrar a copy of his application, and of the reasons thereof, within 15 days from the date of the application, and in default thereof the application for Review shall be dismissed. (Young v. Smart, 2 R. C., App. 74, and Rawlins v. Barrowes, ib. 67.) The applicant shall set forth in his reasons for Review the particular matter on which he relies, or of which he complains, in such way as to inform the J. P. and opposite party thereof ; e.g., if he shall rely on the case having been tried and decided, or that it formed the subject of trial before some competent tribunal, such tribunal shall be stated; if he shall complain that the conviction, order, or other adjudication is erroneous in point of law, the nature of the error shall be stated ; or if he shall complain of some other illegality, the same shall be specified. ORD 65, ’68 $5 Court of Review. * $29 Weekly sessions. $ 7 Rules. RULES AP- PROVED JULY 1871. Rule 1. Rule 2. 88 THE COURT OF REVIEW. [PROcEDURE. ORD 6, '68 But this Rule shall not prevent the Court from taking notice of any error apparent on the Record. Decisions. The following decisions have been made :— Reservation A deft. cannot be permitted to reserve his defence at the trial and urge of defences, it in the Court of Review,—much less can he, after appearing, pleading guilty, and endeavouring to excuse himself for non-compliance with the duty cast upon him [of repairing the bridge], avail himself in the Court of Review of technical objections not raised at the hearing. (Hicken v. Greenslade, 2 R. C., 210; Williams v. King, ib. 171.) : Technicalities There is no rule more wholesome than that which prevents technical objections from interfering with the administration of justice. (Evans v. Young-ah-sam, 1 R. C., 146.) 2nd offence, A conviction for subsequent offence without proof of the first offence was quashed on Review. (Eppilie v. Burrowes, 2 R. C., 37.) Difficulties of When uninstructed persons in humble condition of life express to the appeal, adjudicating Mag. the desire to appeal, it would be right for him to direct their attention to the terms of the ord. (Bunbury v. Adolphus, ib, 232; and Williams v. Roberts, 1 R. C., 131.) Mag. isa The finding of a matter of fact by any Mag., where there is not a Jury, jury. is conclusive. (Belgrave v. Seeley,.1 R. C., 34.) Locus in quo, The locus in quo must be shown to be within the Mag.’s jurisdiction. “(De Silva v. Mann, 1 R. C., 121.) Payment of In Bacchus v. Warren, 2 R. C., App. 16, it was questioned, but not costs, decided, whether a conviction, omitting to state to whom the costs were Joint conviction, paid, was bad for uncertainty;—Reynolds v. Bennet, ib. 27, was reversed by Crosby J. for 14 distinct reasons, recommending a joint conviction ‘Proof of facts, to avoid accumulation of costs;—Seenoowarian v. Kelly, ib. 34, was "reversed, as not showing whether deft. was under Indenture or not ;— Saunders v. Douglas, ib. 37, was reversed for uncertainty whether the Hearsay. conviction was for theft or trespass ;—De Silva v. Mann, 1 R. C., 121, was reversed for admission of hearsay evidence. Reference to In De Silva v. Pereira, 2 R. C., 27, where a case was referred back to 8.5.P the Mag. to complete the evidence, the Mag. convicted and sentenced the deft. In so acting, said the Judge, the Mag. committed a fresh irregu- larity: he virtually reversed his own previous decision, whereas he ought to have returned the proceedings to the Reg., forwarding at the same time the additional evidence taken, and have left the Court to dispose of the case, which was still under Review. The last decision of the Mag. was treated as a nullity, the former decision reversed, and an order made convicting deft. : Joinder of In Gordon v. Govia, 1 R. C., 41, where it was attempted to have 4 cases canes. of Review joined together and to obtain the opinion of the Court upon the whole four, the proceeding was condemned as irregular, and the appellant was mulcted in all costs. Effect of order In Cambra v. Ben, ib. 79, the order was quashed on affiliation case. quashed. The Judge said the woman could proceed de nove to establish her com- plaint, and the Mag. must hear the case in due course. Who may A Review cannot be entertained unless the party seeking Review was appeal, also a party to the proceedings in the Court below. (Gomez v, Phillip, 1B. G,, 202. Dissatisfac- Dinigtierotion is not a sufficient ground for appeal. (Patrick v, tion. Belaspey, id. 90.) Denial of The general denial of guilt, without alleging specific miscarriage of guilt. justice, when the Mag. has come to a different conclusion, does not entitle PROCEDURE. | JURISDICTION, 39 ig i ail to have the case reheard by this Court. (Straghan v, Coxall, ib, 134. Boodho v. Greenslade, ib, App. 70. Case quashed for irregularities. (S. 10, subsecs. 7-9.) 3 Gardner v. Martin, ib. 52. Conviction amended by insertion of requisite statutory words. Conviction quashed. Sentence given in prisoner’s absence, (Thillama v. Gardner, ib. 184.) Wickham v. Wells and Hillis v, Wells, ib. 147-8. Convictions quashed for irregularities. Tubman v. Prince, ib. 182. Conviction quashed, there not being sufficient evidence to sustain it before a jury. Arnold v. Gomes, ib. App. 72. Case returned to Mag. to convict, Reasons must be substantiated. (Serkesson v. Gill, ib. 47.) Furisdiction. See ord. 19, ’56, 8. 46, as to jurisdiction, p. 31. The Court of Review shall have full power and authority to amend, or to reverse, or affirm, in whole or in part, any sum- “mary conviction or order or other adjudication of any J. P. in any case of summary jurisdiction, for any of the following reasons, namely :— (1) That the J. P. has exceeded his jurisdiction or has no jurisdiction in the case : In Kingstun v. Kingston, 2 R. C., 166, it was held that the conviction will not be quashed unless the excess is specified in the reasons. In Eppilie v. Burrowes, 2 R. C., 31, the conviction under Review was objected to for excess of jurisdiction in the imposition of an unauthorised fine. Could such an objection be treated as one “to the form of the conviction, or on account of any omission or mistake in drawing up such conviction” (s. 21). The omissions and mistakes intended are obviously those only of an immaterial kind—in fact, clerical errors; and the objec- tions to which that enactment applies are only those of a formal nature. Here the objection is of a different kind—one of substance, to which the provision in question was never intended toapply. This is clear from its ' professed object, which is to provide a remedy for an alleged abuse, that abuse being the reversal of convictions and orders upon objections of a purely formal character not affecting the merits, the remedy being the requiring the Court of Review to overrule such objections, and to amend the formal instruments of record by supplying omissions and correcting mistakes of the character indicated. The present case is expressly pro- vided for by s. 10, under which, in a case like the present, this Court clearly has authority to reverse ; while, if s. 21 apply, it is found to amend—but it cannot do both, The reasons specified in s. 10, for any of which the conviction may be reversed, are distinguishable from the yrounds on which, under s. 21,it must be amended. It is evident therefore that this case cannot be brought under s. 21, and that consequently this Court is not bound to amend. But it is argued it may do so under s. 10, -which gives authority “to amend,” for, among other reasons, excess of jurisdiction. True the Court is empowered to amend, but not indiffer- ently, there being several cases in which it would be impracticable as well as improper to amend. For reasons 2-8 inclusive, the Court has no alternative but to reverse, if the reasons be sustained, There remain ORD 5, 68 rregularities, Reasons of Review. (1) Jurisdie- tion. ORD 5, ’68 $10. Excessive fine, Distinction between con- victions and orders, (2) Malice, etc, (8) Interest. (4) Pending trial, (5) Evidence, (6) Fraud, (7) Decision wrong. 40 THE COURT OF REVIEW. [ PROCEDURE. therefore but two cases in which it could, with any show of reason, be contended that amendment would be practicable, if proper. To substitute a proper fine in this case for the one inflicted in excess of jurisdiction would be to amend the conviction only; and to amend the adjudication as well, or to modify the proceedings generally, and to substitute a judg- ment warranted by law, is not in accordance with s. 10, which merely authorises the amendment of the formal instrument of record, or the adjudication, but not both at the same time. To amend would also deprive the appellant of his right of action against the Mag. for excess of jurisdiction. Sees. 2 of ord. 31, 60, Introd., p. xvii., etc., under which the quashing of the conviction or order is made a condition precedent to the party aggrieved by the same bringing his action. In Ned v. Tyce 2, R. C., 39, the fine and costs exceeded $24 under ord. 20, ’62, s. 43, which was an excess of jurisdiction. Smith, C, J.—‘‘It is contended that this excess invalidates the whole conviction. The able and elaborate judgment in Eppilie ». Burrowes was much relied on, but to my mind the two cases are not parallel. The real question here is whether according to the true construction of ord. 5, ’68, the very technical distinction prevailing in England between convictions and orders has been introduced intothis Colony. According to English practice a conviction is treated as indivisible, and must be good throughout, whereas an order may be bad in part and valid for the residue. But this distinction, which is of a highly artificial character, originated in circumstances altogether inapplicable to the scope and object of our local system of Review, and, as stated by Paley, ‘It is not easy to fix any rule for distinguishing in the abstract between what things are the subject of orders and what of convictions. Practice seems chiefly to have been consulted in the distinction’ (p. 159). Thus formerly we find that a criterion for determining the question was whether the instrument happened to be written in Latin or in English ; and with respect to the reason commonly assigned, viz., that as orders must be drawn up before they are acted upon, and convictions may be drawn up afterwards, Courts should be more liberal in their construction of the former than of the latter, This reason no longer exists, says Paley. The words of s. 10 place convictions and orders upon the same footing, and confer upon the Court full power and authority to amend, etc., without distinction.” Decision reversed as to costs and affirmed as to residue. (2) That the J. P. has acted corruptly or maliciously in the case : . (8) That the J. P. had an interest in the case: (4) That the case has been already tried and decided by, or forms the subject of a trial pending before, some competent tribunal : Such tribunal to be stated. (Rule 2, p. 37.) (5) That legal evidence has been rejected, or that illegal evidence has been admitted by the J. P., and that in such last case there is not sufficient legal evidence to sustain the con- viction, order, or other adjudication, after rejecting such illegal evidence : (6) That the conviction, order, or other adjudication has been obtained by fraud : (7) That the conviction, order, or other adjudication is PROCEDURE. | NOTICE. 41 altogether unwarranted by the evidence, in like manner ag if the case had been before a Jury there would not have been sufficient evidence to sustain the verdict : (8) That the conviction, order, or other adjudication is erroneous in point of law: Nature of the error to be stated. (Rule 2, p. 37.) (9) That some other illegality not hereinbefore specified, and substantially affecting the merits of the case, has been committed in the course of the proceedings. Notice. Any party wishing to bring any summary conviction or order or other adjudication of any J. P. in any case of summary juris- diction in Review before the Court, may make his application for Review verbally at the time of the hearing, and may state at the same time his reasons of Review ; and the J. P. shall there- upon enter each application and the reasons thereof in the record book, and shall within 10 days transmit an extract of such entry to the Reg., and also give an extract thereof to the party making application for the Review. Or such party may, if he shall have been committed to prison, within 3 days from such commitment, make an application for Review, stating the reasons thereof, either verbally or in writing, to the Sheriff, who, in case of a verbal application, shall reduce the same, or cause the same to be reduced, to writing, and shall transmit the same to the Reg., and shall also give a copy of the applica- tion, when reduced to writing, to the applicant for Review, and shall inform the J. P. of such application (see s. 17, p. 44). Or ‘such party, whether or not he may have made a verbal applica- tion at the time of the hearing or after commitment as aforesaid, may within 10 days after such hearing make a written appli- cation for Review, stating the reasons thereof, to the J. P.; and it shall not be lawful for the applicant for Review on the hearing of any Review to go into, or give evidence of, any other reasons of Review besides those set forth in his application. What is verbal notice? A deft. and his counsel were in Court on the day in question and they heard the Mag. announce that he dismissed the case, whereupon they appear to have left. The cplt. was in his office adjoining the Courts, and did not enter the Court-room until after the complaint had been dismissed, and had been so endorsed. He says he was shown the endorsed complaint and then immediately went up to the Mag. and applied for a review of the proceedings, stating his reasons, Smith C. J. said :—*‘ I cannot hold that such an application in the absence of the deft. and while the Mag. was engaged with other business was made ‘at the time of the hearing,’ within the meaning of the ord., and the fact that the cplt. subsequently gave a written notice of Review accompanied by reasons in writing seems to imply that he himself had some doubt upon the point at the time.” (Cuckow v, De Jesus, 2 R. C., 45.) ORD 5, '68 (8) Erroneous in Law. (9) Illegalities, $ 12 Verbal notice of Review. Review by person com- mitted. Written notice, Verbal notice. ORD 5, '68 14 Review where party prevented from applying within time limited, 815 When appellant to give notice of Review to respondent, When Justice ditto, | ORD 26, ’65 8 25 Service. 42 THE COURT OF REVIEW. [PROCEDURE. If any party entitled to make an application for Review shall be unavoidably prevented from making such application in such manner and within such time as is hereinbefore prescribed, such party may, nevertheless, apply for such Review by petition to the Sup. Court, or C. J. during non-session, and the: said Court, or C. J. during non-session, may grant such petition, upon being satisfied that such person was unavoidably pre- vented from applying for Review in such manner and within such time. Tn every case of a written application for Review, the appli- cant shall be bound to serve on the opposite party notice in writing of such application, and of the reasons thereof, within such reasonable time as will enable him to appear at the hearing in the Court of Review ; and every such application for Review, in which such notice shall not have been served on the opposite party within 14 days from the date of the application, shall be dismissed by the Court; and in every case of a verbal applica- tion for Review, the J. P. or Sheriff receiving and reducing the same and the reasons thereof into writing shall be bound to forward a copy thereof to the opposite party within such reasonable time as aforesaid: and all notices required to be served by this ord. may be served as provided by ord. 26, ’55. (Gonsalves v. Drayton, 2 R. C., 38.) By this section, mutatis mutandis, the notice must be served upon the respondent personally, or at his counting-house, place of business, residence, or elected domicile, if he be within the jurisdiction of the Court: if out of the jurisdiction, then on his attorney in the Colony, or at the counting-house, place of busi- ness, residence, or elected domicile of such attorney. If the respondent be out of the jurisdiction and unrepresented, then at his last known residence or last elected domicile, and ad valvas curi@, and in this last case the notice shall also be pub- lished in the O. G. Service at a counting-house, place of busi- ness, residence or elected domicile is good, where served on any one in the house or on the premises apparently aged twelve or upwards: and in default of finding such person by nailing on the door or other part of the principal building. Service on an owner or representative (not mentioned nominatim) of a lot of land is good by affixing to the principal building, or, if none, to any railing, bridge, or tree on the lot. Service on the owner or representative (not mentioned nominatim) of a plantation is good by affixing to the principal building, and also ad valvas curi@: or, of an abandoned plantation destitute of building, at the most conspicuous spot, ad valvas curie and in the O. G. Service, in case of a ship, is good by nailing or securely fastening to the mast. In all cases where service is not made personally, or at PROCEDURE. | NOTICE. 438 counting-house, place of business, residence, or elected domicile of respondent or attorney, nor upon a plantation not in culti- vation, a second copy shall be served ad valvas curiae, and a third published in the O. G. In every case of an application for Review, the J. P. shall, within 10 days from the date of the application, forward to the Reg. copies of the information or complaint, of the evidence taken, if any, and of his adjudication in the matter. But it shall not be necessary for the J. P. to forward as aforesaid, any conviction or order formally drawn up, unless express objection shall have been taken in the reasons of Review on account of some omission or mistake in such conviction or order as formally drawn up, and, in all other cases of convictions and orders, it shall be sufficient for the J. P. to forward, in place of such formal instrument, the minute or memorandum of his determi- nation required to be made by him under s. 20 of ord. 19, ’56: Provided always that any defendant desiring to have the con- viction or order in his case formally drawn up may, at any time within 5 days from the date of the adjudication of the J. P., require such J. P. to draw up formally such conviction or order, and thereupon it shall be the duty of such J. P. within 2 days from the date of his being so required to draw up formally such conviction or order, and the defendant shall be at liberty to have a copy thereof without any fee being charged for the same. In I. A. G. v. Gray (20 May, ’76), it was remarked as follows:—“ It may be that the sense, in this case, is the same, but the copy of the pro- ceedings sent in should be verbatim et literatim,or the Court may be misled. I think the Mag. himself under the s, is bound to see that a true copy of his minutes is returned.” The Mag. cannot, before sending on the written proceedings, require payment for them of the fees payable to the Clerk. (De Freitas v. Wight, 1B. G,, 173.) The Mag. has no business to write letters about a case pending Review to the Judge. (Ferreira v. McInroy, 78. 184.) The Mag. attached to the proceedings a memorandum that the ap- pellant had been previously convicted 4 times for breach of the same ord. If it was necessary that the Court should be informed of the fact, it ought to have been proved formally from material within the Mag.’s control. (D’Ornellas v. Leacock, 2 R. C., 151.) Where the evidence on a second charge was the same as on the first, but not taken on the second, the proceedings were irregular and quashed. (De Cambra v. Straker, 2 RB. C., 157.) Reasons not delivered in the Court below, and of which the appellant could not be aware; ought not to be forwarded to influence the decisions of the Court above. (Gray v. Khodabaccas, 2 R. C., 218.) When any defendant shall apply for Review of any adjudica- tion of any J. P. in any case of summary jurisdiction condemning such defendant to pay any penalty, or sum of money, such de- fendant may enter into a recognizance with at least one sufficient ORD 5, ’68 § 20 Copies of Justice's pre- ceedinga, Convictions, Clerk’s fees. Letters to Judge, Previous con- victions, 2nd offence. Reasons not mentioned in Court below. ORD 5, '68 § 16 Where recognizance to prosecute Re- view— (1) Penalty. ORD 5, ’68. $17 Com- mittal, Review after payment of fine, $13 Defect in statement of reasons of Review. Amendment of the same. $ 22 Counsel- 44 THE COURT OF REVIEW. [PROCEDURE. surety in the amount of such penalty, or sum of money, and not excdg. $10 for costs, to the satisfaction of such J. P., to prosecute the said Review with effect, and in case the adjudica- tion be affirmed, forthwith to pay such penalty or sum of money with costs; and thereupon all further proceedings shall be stayed until judgment by the Court in the matter of the Re- view. When any defendant (see s, 12, medium) shall apply for any Review of any adjudication of any J. P. in any case of summary jurisdiction condemning such defendant to imprisonment, with or without h. 1., such defendant may enter into a recognizance in a sum not excdg. $96, with at least one sufficient security,* to the satisfaction of such J. P., to prosecute the said Review with effect, and in case the adjudication be affirmed forthwith to render himself to prison according to the adjudication ; and in every case in which a recognizance shall be entered into under ss. 16 or 17, if the defendant make default in prosecuting the Review with effect, the Court may order the recognizance to be forthwith estreated in a summary way, and may also order the application for Review to be dismissed with costs without argument, and in every such case the defendant shall forthwith be liable to execution upon the adjudication. In Romao »v. Cressall (18 Nov., ’76) the question was raised whether a deft. having paid his fine and costs for breach of Sunday trading laws was entitled to seek Review, s. 16 of ord. 5, 68 providing for the post- ponement of payment pending Review proceedings. (Ed. had not re- ceived the reserved judgment in this case at the time of going to press.) The Hearing. Upon the hearing of any case of Review no objection on account of any defect in the form of setting forth any reason of Review shall be allowed, and no objection to the reception of legal evidence offered in support of any reason of Review shall prevail, unless the Court shall be of opinion that such reason of Review is so imperfectly or incorrectly set forth as to be in- sufficient to enable the opposite party to inquire into the subject of such statement and to prepare for the hearing. In all cases where the Court shall be of opinion that any objection to any reason of Review or to the reception of evidence in support thereof, ought to prevail, the Court may, if it shall so think fit, cause any such reason of Review to be forthwith amended by some officer of the Court, on such terms as to the Court shall appear just and reasonable. In every case of Review the parties may be heard by them- * The word “security ” should apparently be “ surety.” PROCEDURE. | THE HEARING. 45 selves or by counsel; and whether they, or either of them, appear, or not, the Court shall proceed to give judgment ac- cording to the very right of the matter, without regarding any imperfection or defect of form. The Court, in each case of Review, shall determine the ques- tion or questions arising thereon, and shall thereupon reverse, affirm, or amend the determination of the J. P. in respect of which the Review has been had, or remit the matter to the J. P. with the opinion of the Court thereon, or may make such other order in relation to the matter and may make such orders as to costs as to the Court may seem fit; and all such orders shall be final and conclusive, subject to the appeal hereinbefore pro- vided. ‘Justice’? = any St., Sp., or Ordinary J. P., and also any Sup. of Rivers, ete. ‘Court’? = Court of Review. No objection shall be taken or allowed to any information, complaint, or summons made or issued under ord. 19, ’56, or to any warrant to apprehend any defendant issued upon any such information or complaint under or by virtue of the said ord., for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, summons, or warrant, and the evidence adduced on the part of the in- formant or complainant; and any J. P. may, at any time before his final decision in any matter, cause any such information, complaint, summons, or warrant to be amended so as to state the offence or ground of information or complaint correctly and in proper and Jegal form; but if any such variance or amend- ment shall appear to the J. P..present, and acting at the hearing, to be such that the defendant has been thereby deceived or misled, it shall be lawful for such J. P., upon such terms as he shall think fit, to adjourn the hearing of the case to some future day ; and every conviction, order, or other process what- ever, made or issued under the said ord., shall, if expressed with reasonable accuracy, not be held inoperative, or bad, by reason of any defect of form therein, but shall be supported by all Courts, Judges, and Js. P., as good, effectual, and operative for the purposes for which it shall have been made or issued. No conviction, order, or other process as aforesaid need be under seal. As to Court amending under s. 21, when Mag. has not amended under this s., see David v. Jackman, 2 R. C., 162. It shall not be necessary in any information, complaint, or summons made or issued under ord. 19, 56, to negative any exemption, exception, proviso, or condition in the ord. under which the same shall be framed, but the defendant may prove the affirmative thereof in his defence, if he would have advantage of the same. 5 ORD 5, ’68 § 25 Question raised to be determined. § 2 Interpre- tations, §$ 3 No objec- tion allowed for want of form, Seal, S 4 Excmp- tions, etc. ORD 5, ’68 § 27 Reasons of judgment to be recorded at the time, S 26 Convic- tion, etc., affirmed. How enforced. $ 18 Where imprisonment affirmed. $19 Default in render to prison. $ 21 Amend- ment of pro- ceedings, 46 THE COURT OF REVIEW. [PROCEDURE. In all decisions in Review, the reasons of the Court shall be recorded in writing, and shall be read in open Court; and no. decision in Review shall be pronounced until such reasons shall have been so recorded fully in writing; and all persons may obtain copies of such reasons on payment to the Reg. of the ordinary copying fees: The substance of every decision shall be communicated by the Reg. to the J. P. within 3 days after the same shall be pronounced. After the decision of the Court in any case of Review the J. P. in relation to whose adjudication the Review has been had, or any other J. P. exercising the same jurisdiction, shall have the same authority to enforce any conviction or order which may have been affirmed, amended, or made by such Court, as the J. P. who originally decided the case would have had to enforce his adjudication, if the same had not been re- viewed; and no action, or proceeding whatsoever, shall be commenced or had against the J. P. for enforcing such convic- tion or order by reason of any defect in the same respectively. In every case in which any adjudication of imprisonment, ag aforesaid, shall be affirmed in Review, the Court may forthwith commit the defendant to prison in pursuance and in execution of the adjudication; and the imprisonment of such defendant (if imprisonment shall not have commenced under such exe- cution) shall be reckoned to begin from the day when he shall be in actual custody in the prison in which he may have been adjudged to be imprisoned under such adjudication, and if the defendant shall have been discharged from imprisonment on giving the security hereinbefore «mentioned, he shall be im- prisoned for such further period as, with the time during which he may already have been imprisoned under such execution, shall be equal to the period for which he was adjudged to be imprisoned as aforesaid. Whenever default shall have been made in rendering a de- fendant to prison in execution of any such adjudication, and a warrant shall have been issued against him to enforce such render to prison, the defendant shall be liable to pay the costs and charges of such render; and if the opposite party shall, before the expiration of the defendant’s imprisonment, have caused the amount of such costs and charges to be ascertained: by the Reg., and shall have left with the defendant and with the keeper of the prison a certificate under the hand of such Reg. of the amount of such costs and charges as ascertained, then the defendant shall not be discharged out of custody until such costs have been paid or until an order has been made under ‘‘The Insolvency Ordinance ” (ord. 1, ’72). And whereas failures of justice have been occasioned in cases of summary convictions and orders by reason that such convic- PROCEDURE. | THE HEARING. 47 tions or orders have been quashed, or set aside in Review, upon exceptions or objections to the form of the conviction, or order, or to some defect in the information or complaint, in substance or in form, irrespective of the truth and merits of the matters in question: For remedy thereof be it enacted, that, if upon the hearing of any case in Review any objection shall be made on account of any omission or mistake in the drawing up of such conviction or order, or on account of any defect in the infor- mation or complaint, and it shall be shown to the satisfaction of the Court that sufficient grounds were in proof before the Justice making such conviction or order to have authorised the drawing up thereof free from the said omission or mistake or defect, the said Court shall amend such conviction or order, or such information or complaint, and adjudicate thereupon as if no such omission or mistake had existed. No objection on account of any omission or mistake in any such conviction or order, or on account of any defect in any such information or complaint, shall be allowed, unless such omission or mistake or defect shall have been specified in the reasons of Review. See David v. Jackman, s. 3, p. 45. The Court, in any case of Review where it may consider it necessary that evidence should be adduced, may order such evidence to be adduced before the Court upon some day to be fixed in that behalf; and any witness required to be sum- moned under the provisions of this section, shall be summoned or produced in the same manner, and shall be remunerated at the same rate and shall be subject to the same pains and penalties and liabilities for non-attendance, as are provided for and against witnesses summoned to attend on any appeal under ‘“‘ The Petty Debts Ordinance, 1858.” See “ ClvIL JURISDICTION,” ord. 18, *58. The Court may, in any case where it shall appear that evi- dence has been improperly rejected, refer back such case to the J. P. with directions to take such evidence, and any other evidence which the Court may deem necessary; and on every such reference, either party may adduce further evidence; and after the taking of all such evidence by the J. P., the entire proceedings shall be sent back to the Court for decision. Sce De Silva v. Pereira, p. 38, and Burrowes v. Ferrara (24 Oct. ’74). Power for the Gov. and C. of P., by Resolution in the O. G., to fix and impose (and by s.9 to vary and alter) Fees to be charged and paid in respect of the several matters and things mentioned in this ord.; and until such Fees shall be fixed and _RD65, '68. Objections to be mentioned in Teasons. $ 23 Further evidence. _ 8 24 Hldence improperly re- jected. 8 8, 9 Fees. ORD 6, '68 8 31 Extent of ord. S 5 Final ap- peal, Respondent on appeal. § 6 Procedure in Appeals from Court of Review. Remarks, 48 THE COURT OF REVIEW. [PROCEDURE. imposed by Resolution as aforesaid the same shall be payable according to the Tariff of Fees in Review established by ord. 11, ’58, except as to Fees in appeal to the full Court; and such last mentioned Fees shall, until others in place thereof be fixed and imposed by Resolution as aforesaid, be payable according to the Tariff of Fees in force in the Sup. Civil Court. This ord. shall be construed with and form part of ord. 19, *56., and shall extend and apply to every ord. in which it shall be enacted that prosecutions or proceedings under it shall be conducted according to the form of procedure, and shall be sub- ject to the Review provided by ord. 19, 56, or in which words to the like effect occur. Any party feeling aggrieved by any decision, or order made in Review under this ord. by any one Judge may, within 8 days from the pronunciation of such decision or order, appeal there- from to the full Court composed of all the Judges, and the full Court may confirm, reverse, or vary such decision or order: The respondent in such appeal shall not be bound to appear at the hearing of the appeal, and shall not be liable to costs in appeal, unless he shall have been the applicant for Review. Cases under the Militia ord. (22, ’72, s, 90) excepted. In every case of appeal to the full Court the appellant must, within the said 8 days, note his appeal with the Reg. and serve a copy thereof upon the opposite party, and must further, within the period aforesaid, deposit in the Registry of Court the sum of,$50 to abide the costs of appeal, together with the amount of any penalty, fine, or sum of money, if any, in the payment of which the appellant shall have been condemned: And the notice of appeal must set forth truly and concisely the specific grounds of appeal. In Sewbode v. Bury, 3 June 1876, Mr. Justice King said that what he could not understand in these cases was that not in the Immi- gration cases only, but in cases where reasons were filed against a decision, the parties never ascertained whit grounds they should go upon in arguing that the decision was wrong. Parties came into Court and stated that they had not the proceedings and yet they appealed. But on what grounds, he should like to know. Was it. a mere speculation? He was not speaking of the Immigration Agent General’s cases ; he was speaking of parties generally, It appeared to him a most astounding thing. Why did they appeal? Was it a mere chance, and that they hoped to set aside the decision? His Honour here exactly hit the point, and it is very plain to every one that appellants in Review merely speculate on the chance of the con- viction being quashed. Great injustice is done to the Mags. under this ord. from the fact that they are not allowed the option of appearing in person to uphold their own decisions, parties interested as respondents rarely taking the trouble to employ counsel, PROCEDURE IN INDICTABLE OFFENCES BEFORE THE STIPENDIARY OR SPECIAL MAGISTRATE. Information . oF 7 ” Process - The Examination . a +e a2 3? Subsequent Matters 7 7 2? 7 3? 7 99 9 CONTENTS. Ord. 29, ’50—ss. 1,F6. 72 bee 39 ” 9 ” 7 27, ’46—ss. 1, 2, 3. 4, °"72—xs. 8. 29, ’°50—ss. 3988. «| 88. 27, ’46—ss. 29, ’50—ss. 26, ’68—=ss. 29, ’50—ss. 27, ’46—ss. 8, 8, 5, 2, 4. 7,9. 9, 10. 16-19, 21. 14, 18, 11. 1-6. 17, 15. 31-84. 29, ’50—s. 16. 27, ’46—ss. 29, ’50—ss. 27, ’46—ss. 35, 69. 18, 19. 24, 25. INDICTABLE OFFENCES. Lnformation. A WARRANT or search warrant may issue on a Sunday or holiday. In all cases where a charge or complaint (A) shall be made be- fore any one or more of H. M.’s Js. P. within the colony, that any person has committed, or is suspected to have committed, any treason, felony, or indictable misdemeanor, or other indictable offence whatsoever within the limits of said Colony, or that any person guilty or suspected to be guilty of having committed any such crime or offence beyond or out of the limits of the Colony, is residing or being or is suspected to reside or be within the limits of the said Colony, then and in every such case, if the person so charged or complained: against shall not then be in custody, it shall be lawful for such J. or Js. P. to issue his or their warrant (B) to apprehend such person and to cause him to be brought before such J. or Js. P., or any other J. or Js. P., to answer to such charge or complaint, and to be further dealt with according to Law. In all cases it shall be lawful for such J. or Js. to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against, to issue his or their summons (C) directed to such person, requiring him to appear before the said J. or Js. P. at a time and place to be therein mentioned, or before such other J. or Js. P. as may then be there, and if after being served with such summons, in manner hereinafter mentioned, he shall fail to appear at such time and place, in obedience to such sum- mons, then and in every such case the said J. or Js. P., or any other J. or Js. P., may issue his or their warrant (D) to appre- hend such person so charged or complained against, and cause such person to be brought before him or them, or before some other J. or Js. P., to answer to the said charge or complaint, and to be further dealt with according to Law. Nothing herein ORD 29, ’50 84 1 Offences within Colony or against per- sons residing, etc., in Colony. Warrant, Summons. ORD 289, '50 § 6 Warrant in first instance. Summons in first instance. Variance or defect. ORD 27, 46 $ 1 Where J. P. may order arrest. $ 2 Whom constable may arrest. § 3 Whom private person may arrest. ORD 4, '72 § 8 Power to apprehend in- dictable offenders, “Night.” 52 INDICTABLE OFPENCES. [PROCEDURE. contained shall prevent any J. or Js. P. from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party. In all cases where a charge or complaint for any indictable offence shall be made before a J. or Js. P., if it be intended to issue a warrant in the first instance against the party or parties so charged, an information or complaint thereof (A) in writing, on the oath or affirmation of the informant or of some witness or witnesses in that behalf, shall be laid before such J. or Js. P. In all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid, but in every such case such information and complaint may be by parol merely, and without any oath or affirmation whatsoever to support or substantiate the same. No objection shall be taken or allowed to any such information or complaint for any alleged defect therein in sub- stance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the J. or Js. P. who shall take the examination of the witnesses in that behalf, as hereinafter mentioned. The information usually taken is in the form of a short deposition of some person having knowledge of the facts, the technical description of the offence being put on the warrant. Several offenders may be joined in one warrant for the same offence. (G. & M.) Any J. P. in whose presence any offence, being a felony or breach of the peace according to the law of England, shall be committed, may either himself apprehend the party offending, or verbally command so to do any other person or persons, who thereupon may follow the offender, and if he shall flee, may carry into effect and execute such command out of the view of the J. P. by whom the same may be given. Any constable in whose presence any felony or breach of the peace shall be committed, may arrest the offender, and also any person whom, from credible information or other cause, he may reasonably suspect to be guilty of felony, and to take or cause to be taken such offender or person before the nearest J. P. Any private person in whose presence any felony shall be committed, may arrest the offender and take him or cause him to be taken before the nearest J. P. Any person may apprehend any person found committing any indictable offence in the night and convey him to some constable or other peace officer, in order to his being conveyed as soon as conveniently may be before a J. P. The time at which the night shall commence and conclude shall, for the purpose of this ord., be deemed the same as in cases of burglary. PROCEDURE. | INFORMATION. 58 Where any indictment shall be filed with the Clerk of any Sup. Crim. Court against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as Clerk of the indictments at such Court at which the said indictment shall be filed, shall at any time afterwards, upon application of the prosecutor, or of any person on his behalf, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate (F) of such indictment having been filed, and upon production of such certificate to any J. or Js. P. of the Colony, it shall be lawfal for such J.or Js. P., and he and they are hereby re- quired to issue his or their warrant (G) to apprehend such person so indicted, and to cause him to be brought before ORD 4, '72 8 3 Indictment found—party at large, such J. or Js. P., or any other J. or Js. P., to be dealt with , according to Law, and afterwards, if such person be thereupon apprehended and brought before any such J. or Js. P., such J. or Js. P., upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit (H) him for trial, or admit him to bail, in manner hereinafter mentioned ; or if such person so indicted shall be confined in any jail or prison for any other offence than that charged in the said indict- ment at the time of such application and production of the said certificate to such J. or Js. P. as aforesaid, it shall be lawful for such J. or Js. P., and he and they are hereby required, upon its being proved before him or them upon oath or affirma- tion that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (I) directed to the jailer or keeper of the jail or prison in which the person so indicted shall then be confined as aforesaid, com- manding him to detain such person in his custody until he shall be removed or discharged out of his custody by due course of Law. Every warrant (B) hereafter to be issued by any J. or Js. P. to apprehend any person charged with any indictable offence, shall be under the hand or hands of the J. or Js. P. issuing the same ; and may be directed to any member of the police force or constable, or other person by name, or generally to any member of the police force or constable without naming him, or generally to all the members of the police force or constables in the Colony. And it shall state shortly the offence on which it is founded, and shall name or otherwise describe the offender, and it shall order the member of the police force or constable, or person to whom it is directed, to apprehend the offender and bring him before the J. or Js. P. issuing the said warrant, or Or already in custody for some other offence, ORD 29, ’50 8 8 Warrant —how directed, Contents, ORD 29, ’50 When return- able. How executed. Execution of warrants. Search warrant, 8 5 Jurisdic- tion. § 2 High seas. 54 INDICTABLE OFFENCES. [ PROCEDURE: before some other J. or Js. P., to answer to the charge contained in the said information, and to be further dealt with according to Law. And it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed. And such warrant may be executed by apprehending the offender ; and in all cases where such warrant shall be directed to all members of the police force or constables, it shall be lawful for any member of the police force or constable to execute the said warrant, in like manner as if such warrant were directed specially to such con- stable by name. Here follows a proviso for variance or defect, as in s. 6, p. 52. For mode of executing warrants, see instructions and notes in “ Con- STABLES,” infra. As to search warrants, sce s. 20 of ord. 4,37, Introd., p. vi. In carrying into effect the provisions of this ord. or any of them, every J. P. shall have and possess full power, authority, and jurisdiction in and over the whole Colony of B. G., and every part thereof; that all warrants, orders, directions, act or acts, granted, given, done, or performed, by any J. or Js., in all matters and things hereinbefore or here- inafter in this ord. mentioned, and the acts of any member of the police force, constable, or other officer in obedience thereto, in any part of said Colony, shall be valid, good, and effectual in the Law to all intents and purposes whatsoever ; and all members of the police force and constables, and other officers in and for the Colony, are hereby authorised and re- quired to obey. the warrants, orders, directions, act or acts of such J. or Js. P., which in that behalf shall be granted, given, or done, and to do and perform their several offices and duties in respect thereof, under the pains and penalties to which any member of the police force, constable, or other officer may be liable for neglect of duty. (See ‘‘ Porics.’’) In all cases of indictable crimes or offences of any kind or nature whatsoever committed on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England have or claim to have jurisdiction, and in all cases of crimes or offences committed on land .beyond the seas, for which an indictment may legally bo preferred in any place within the Colony of B. G., it shall be lawful for any one or more of H. M.’s Js. P. within the Colony of B. G., if any person charged with having committed, or being suspected to have committed, any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, within the said Colony, to issue his or their warrant (E) to apprehend the person so charged, and to cause him to be brought before him PRODECURE. | PROCESS. 55 or them or some other J. or Js. P. to answer to the said charges, and to be further dealt with according to Law. As to aiders and abettors, etc., sce tit. “ ACCESSORIES,” infra. Process. Upon such information and complaint being so laid as afore- said, the J. or Js. P. receiving the same may, if he or they shall think fit, issue his or their summons (C) or warrant (D) re- spectively, as hereinbefore is directed, to cause the person charged as aforesaid to be and appear before him or them or any other J. or Js. P. to be dealt with according to Law. Every such summons (C) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is so directed to be and appear at a certain time and place therein mentioned before the J. P. who shall issue such summons, or before such other J. or Js. P. as may then be there, to answer to the said charge, and to be further dealt with according to Law. Every such summons shall be served by a member of the police force or constable upon the person to whom it is so directed, by delivering the same to the party personally, or if he cannot conveniently be met with, then by leaving the same with some person for him at his last or most usual place of abode. The member of the police force or constable who shall have served the same in manner aforesaid, shall attend at the time and place and before the Js. P. in the said summons mentioned, to depose, if necessary, to the service of such summons. If the person so served shall not be and appear before the J. or Js. P. at the time and place mentioned in such summons, in obedience to the same, then it shall be lawful for such J. or Js. P. to issue his or their warrant (D) for apprehending the party so summoned and bringing him before such J. or Js. P., or some other J. or Js. P., to answer the charge in said information and complaint mentioned, and to be further dealt with according to Law. No objection shall be taken or allowed to any such summons or warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the J. or Js. P. who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned ; but if any such defect or variance shall appear to such J. or Js. P. to be such that the party charged has been thereby deceived or misled, it shall be lawful for such J. or Js. P. at the request of the party so charged, to adjourn the hear- ing of the case to some future day, and in the meantime to ORD 29, ’50 § 7 Sumnions, How directed. How served. Proof of service. If disobeyed, Warrant D. Variance or defect. Adjournment for. ORD 29, '50 S$ 9 Summons or witnesses. If summons not obeyed, warrant (K 2). Or warrant in the first instance (K3 ). § 9 Refusing to be examined 56 INDICTABLE OFFENCES. [ PROCEDURE. remand the party so charged, or admit him to bail, in manner hereinafter mentioned. The J. P. must decide as to the reasonableness of the service. The defendant’s appearance cures irregularity of service, unless he takes his objection at first. (G. & M.) Witnesses. If it shall be made to appear to any J. P. that any person within the jurisdiction of such J. P. is likely to give material evidence for the prosecution or for the defence, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against and for the accused, such J. P. may and is hereby required to issue his summons (K 1) to such person under his hand, requiring him to be and appear at a time and place mentioned in such summons before the said J. P., or before such other J. or Js. P. as shall then be there, to testify what he shall know concerning the charge made against such accused party, and to produce such documents, if any, as may be described in said summons; And if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and otherwise to comply with the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either person- ally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the J. or Js. P. before whom such person should have appeared, to issue a warrant (K 2) under his or their hands to bring and have such person, at a time and place to be therein mentioned, before the J.P. who issued the said summons, or before such other J. or Js. P. as shall then be there, to testify as aforesaid; Or if such J.P. shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence or produce any such documents without being compelled so to do, then instead of issuing such summons it shall be lawful for him to issue his warrant (K 8) in the first instance. The Examination. And if on the appearance of such person so summoned before the said last mentioned J. or Js. P., either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or, having taken PROCEDURE. | THE EXAMINATION. 57 such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, or shall refuse to produce any such documents, without offering any just excuse for such refusal, any J. P. then present may by warrant (K 4) under his hand commit the person so refusing to any jail for the county where such person so refusing shall then be, there to remain and be imprisoned for any time not excdg. 7 days, unless he shall in the meantime consent to be examined and to answer concerning the premises, and to produce such documents if any. The place where the examination is held is (s. 12) not an open court; the J. P. may order that no one may be init. Witnesses may be ordered out of Court; but if they disobey the order their evidence cannot be rejected, though they may be punished for contempt of Court. This does not apply to summary proceedings. (G. & M.) In all cases where any person shall appear or be brought before any J. or Js. P., charged with any indictable offence, whether committed in this Colony or upon the high seas, or on land beyond the limits of this Colony, or whether such person appear voluntarily upon summons or have been apprehended with or without warrant, or be in custody for the same or any other offence, such J. or Js. P., before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall, in the presence and hearing or perception of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (L) on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed [at the time, or else they cannot be compelled to sign], respectively, by the witnesses who shall have been so examined and cross-examined, and shall be signed also by the J. or Js. P. taking the same (the J. or Js. P., before a witness is examined, to administer the usual oath or affirmation). If upon the trial of the person so accused as first aforesaid, it shall be proved by the oath or affirmation of any credible witness, that any person whose deposition shall have been taken as aforesaid is dead, or absent from the Colony, or so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence and hearing or perception of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining fhe witness, then, if such deposition purport to be signed by the J. P. by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the J. P. purporting to sign the same. ORD 29, '60 Warrant (K 4). $12 Open Court. $ 10 Deposi- tions, how taken, Statement (L) Depositions of persons dead, absent, or ill. ORD 29, 50 Certificates, ORD 27, ’46 § 16 Access to prisoner. $ 17 Where local inspections, etc., and medical examination. §$ 18 Refusal to attend. $19 Writings and articles piodue.d. Remuneration. 58 INDICTABLE OFFENCES. [PROCEDURE. The manner of taking depositions varies: sometimes in the form of depositions at once: sometimes abbreviated notes are taken of the examination before the Mag., or they are taken in full in the record. book, and copied verbatim, and afterwards read over to the witnesses in the presence of the Mag. and the accused, the accused having every opportunity of cross-examining the witnesses, and of objecting, as well as the witnesses, if the evidence is taken down incorrectly. The former mode is the more correct; but the latter modes have been ap- proved, and depositions so taken have been held admissible ; and the depositions are thus probably more legible. In the latter cases, the notes or minutes of the record book should be accurately copied, without any emendations, even in the presence of the accused, or the depositions will thereby become inadmissible. The evidence should be taken down as nearly as possible in the witnesses’ own words, or as interpreted ,with all cross-examinations, re-examinations, and interruptions of the accused— the latter being evidence against him. It is enough for the Mag. to sign at the end of all the depositions, but usual to sign each one separately. He should also sign the statement of the accused and the evidence of his witnesses. The evidence of witnesses not bound over should be returned with the rest of the depositions under s, 13. There is no power to proceed ev parte in indictable offences. The deposition is also evidence against any person by whose con- trivance the witness is kept away. (G. & M., passim.) As to admission of depositions, sce ord. 5, ’31, s. 1, “ WITNESS,” tit, “Sup. OR. C.,” infra. In case of Immigrants, J. P. must transmit a certificate—sce “ IMMI- GRATION,” s, 166 b. (ord. 4, 76,8. 41). As to Registrar’s Certificate on conviction—2b., s. 166 c. (ord. 4, ’76, 5, 42). As to the Evidence Ords., see “ SUMMARY OFFENCES,” pp. 10-15. Every prisoner while under examination or re-examination shall be entitled as of right to the presence and assistance of his legal adviser, and while under commitment for examination or re-examination, shall be allowed the access of his legal adviser at such times as to such J. P. shall seem fit. It shall be the duty of the J. P. before whom any such pre- liminary examinations shall be taken, to make or cause to be made such local inspection or inspections as the circumstances of the case may require; and in case of serious injury to the person, to cause the body of the person injured to be examined by some regular medical practitioner, if any such can be had, and if not then by the most competent person or persons that can be obtained, whose depositions on oath shall afterwards be taken by him. Every Med. Pract., or other person summoned, refusing or neg- lecting to attend, or per, rform any matter or thing required of him:— Fine, not excdg. $48—recoverable under ord, 19, ’56. _ All writings and other articles exhibited by the witnesses, or any of them, to be inventorized and labelled, or otherwise marked in the presence of the person producing the same, so that the same may be identified at the trial. The remuneration of witnesses for the prosecution, if any, is assessed by ord, 14, 49, s. 4,—“ Sup. CRIM, PROCEDURE,” PROCEDURE. | THE EXAMINATION. 59 As to the remuneration of witnesses for the defence, see ord. 26, ’68, 3. 4, infra. The High Sheriff, the Sheriff of Essequebo, and the Sheriff of Berbice, respectively, shall, on receipt of such preliminary examinations, statement of the accused, writings and other articles as aforesaid, transmit the same to the Att.-Gen. If from the absence of witnesses, or from any other reason- able cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful to and for the J. or Js. P. before whom the accused shall appear or be brought, by his or their warrant (P 1), from time to time to remand the party accused for such time as*by such J. or Js, P. in his or their discretion shall be deemed reasonable, not exedg. 8 clear days, to any jail or other prison, lock-up house, or place of security, or if the remand be for a time not excdg. 3 clear days, it shall be lawful for such J. or Js. P. verbally to order the member of the police force or constable in whose custody such party accused may then be, or any other member of the police force, con- stable, or person to be named by the said J. or Js. P. in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other J. or Js. P. as shall be there acting at the time appointed for continuing such examination: Provided always, that any such J. or Js. P. may order such accused party to be brought before him or them, or before any other J. or Js. P., at any time before the expiration of the time for which such accused party shall be so remanded, and the jailer or officer in whose custody he shall then be shall duly obey such order ; provided also, that instead of detaining the accused party in custody during the period for which he shall be so remanded, any one J. P. before whom such accused party shall.so appear or be brought as aforesaid, may discharge him upon his entering into a recognizance (P 2, 8), with or without a surety or sureties, at the discretion of such J. P. conditioned for his appearance at the time and place appointed for the continuance of such examination ; and if such accused party shall not afterwards appear at the time and place men- tioned in such recognizance, then the said J. P., or any other J. P. who may then and there be present, upon certifying (P 4) on the back of the recognizance the non-appearance of such accused party, may transmit such recognizance to the Sheriff of the County within which such recognizance shall have been taken, to be proceeded upon in like manner ag other recogni- zances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said accused party. ORD 3, '47 $1 Prelimi- nary examina- tions. ORD 29, ’50 § 14 Remand —written, Or verbal. 5 15. Bail (P 2, 8). Non-appear- ance (P 4). 60 INDICTABLE OFFENCES. | PROCEDURE. This will not put an end to the proceedings: a warrant may issue for ORD 29, 50 the apprehension of the accused on the original charge. 8 13 Binding It shall be lawful for the J. or Js. P. before whom any such pret) witness shall be examined as aforesaid, to bind by recognizance (2) by recogni- (N 1) the prosecutor and every such witness to appear at the : next Sup. Crim. Court or Inf. Crim. Court, at which the accused is to be tried, then and there to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, against or for the party accused, which said recognizance shall par- ticularly specify the profession, art, mystery, or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish or place of his residence, and if his residence be in a City or Town, thg recog- nizance shall also particularly specify the name of the street and the number (if any) of the house in which he resides, and whether he is owner or tenant thereof, or a lodger therein ; and the said recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the J. or Js. P. before whom the same shall be acknowledged, and a notice (N 2) thereof, signed by the said J. or Js. P., shall at the same time be given to the person bound thereby. ich enon The section further orders that those recognizances shall ‘be sent with the written information (if any), the depositions, the statement of the accused, and recognizance of bail (if any) to the Sheriff of the County (in case of Inf. Court) or to the Witnesses Att.-Gen. (in case of Sup. Court), If any such witness shall refusing to enter . ° into recogni- refuse to enter into or acknowledge such recognizance as afore- zance (0 1). said, it shall be lawful for such J. or Js. P., by his or their warrant (O 1), to commit him to any jail of the County in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter into a recognizance, in manner and form aforesaid, before some J. P. If afterwards, from want of sufficient evidence in that behalf or other cause, the J. or Js, P. before whom such accused party shall have been brought shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such J. or Js. P., or any other J. or Js. P., by his or their Discharge (02). order (O 2) in that behalf, to order and direct the keeper of such jail where such witness shall be so in custody, to dis- charge him from the same, and such keeper shall thereupon forthwith discharge him accordingly. Witnesses for the defence may now be summoned and bound over, (G. & M.) § 11 State- joont of the After the examinations of all the witnesses on the part of the persed a prosecution as aforesaid shall have been completed, the J. P. or unfesaion, PROCEDURE. | THE EXAMINATION. 61 one of the Js. P. by or before whom such examinations shall have been go completed as aforesaid, shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the effect :—‘‘ Having heard the evi- dence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;” and what- ever the prisoner shall then say in answer thereto, shall be taken down in writing (M) and read over to him, and shall be signed by the said J. or Js. P., and kept with the depositions of the witnesses, and shall be transmitted (s. 18) with them, and afterwards upon the trial of the said accused person the same may, if necessary, be given in evidence against him, without further proof thereof, unless it shall be proved that the J. or Js. P. purporting to sign the same did not in fact sign the same. The said J. or Js. P., before such accused person shall make any statement, shall state to him and give him clearly to under- stand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial, notwithstand- ing such promise or threat. Nothing herein enacted or con- tained shall prevent the prosecutor in any case from giving in evidence any admission or confession, or other statement, of the person accused or charged, made at any time, which by law would be admissible as gyidence against such person. In all cases where any person shall appear or be brought before any J. or Js. P., charged with any indictable offence, whether committed within this Colony, or upon the high seas, or upon land beyond the sea, and whether such person appears voluntarily upon summons, or has been apprehended with or without warrant, or is in custody for the same or any other offence, such J. or Js. P., before he or they shall commit such accused person for trial, or admit him to bail, shall immediately after obeying the directions of s. 11 of ord. 29, ’50, inquire of the accused person whether he desires to call any witness, and if the accused person shall in answer to such enquiry call any wit- ness or witnesses, such J. or Js. P. shall, in the presence of such accused, take the deposition on oath or affirmation of every such witness, and shall put the same into writing: and every such witness may be examined, cross-examined, and re- examined: and every such deposition of a witness shall be read over to and signed by him, and shall be signed also by the J. or Js. P. taking the same, and shall be transmitted, in 6 ORD 29, '50 Caution. Confessions. ORD 26, ’68 $ 1 Witnesses of accused, ORD 26, 68 S 2 Recogni- zances of all witnesses. S 3 Witnesses for defence. S 4 Remunera- tion of witnesses for defence, § 5 Evidence of person Sangerously Caption to deposition, Transmission of depositions, 62 INDICTABLE OFFENCES. (PROCEDURE. due course of law, with the rest of the depositions in the case. Henceforth the J. or Js. P. taking depositions in case of indictable offences shall bind by recognizance all witnesses, whether for the prosecution or the defence, to appear at the Court at which the accused person is to be tried, such recog- nizances to be transmitted by the J. or Js. P. as provided by ord. 29, ’50, s. 18, and any such witness refusing to enter into or acknowledge such recognizance as aforesaid, may be com- mitted to jail, as by ‘such section provided (ord. 14, '69, 8. 6). . ai provisions whatever of the law of this Colony, relating to witnesses for the prosecution on criminal trials, and to their depositions, shall apply to witnesses for the defence, and their depositions: except as regards remuneration (see 8. 4). The remuneration to be paid to every witness for the defence for attending on any trial for which he shall have been sum- moned, or at which he shall attend, shall be taxed by the Clerk of the Court according to the rates of remuneration of witnesses fixed and allowed in and by ords. 14, '49 (s. 4; see ‘‘ SuPREME Criminal Procepure’’) and 17, 52 (s. 5, ib.), and shall be allowed and paid as part of the expenses of the prosecution ; unless the Judge presiding at the trial shall prohibit such allowance, in which case the Clerk shall note such prohibition on the taxation, and the witness shall have recourse for pay- ment only against the party or parties on whose behalf he has attended. : Whenever it shall be made to appear to the satisfaction of any J. P., that any person dangergusly ill, and, in the opinion of any duly licensed Med. Pract., not likely to recover from such illness, is able and willing to give material information relating to any indictable offence, or relating to any person accused of such offence, and it shall not be practicable for any J. or Js. P. to take an examination or deposition, in accordance with ord. 29, 50, of the person so ill, it shall be lawful for the said J. P. to take in writing the statement on oath or affirma- tion of such person being go ill, and such J. P. shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons (if any) present at the taking thereof. If the same shall relate to any indictable offence for which any accused person is already committed or bailed to appear for trial, the J. P. shall transmit the same with the said addition to the Sher. of the County in which the trial is to be heard, if such trial is to be heard before an Inf. Court, or to the Att.-Gen. if before a Supreme Court; and in all other cages the statement shall be PROCEDURE. | THE EXAMINATION. 63 filed of record, and preserved by the 8. J. P. of the district within which the same shall have been taken, and whether the same shall have been taken by such 8. J. P., or any other J. P., and for the purpose of so filing and preserving such statement, the P. Mag. of G., and every Sup. of Rivers, etc., shall be deemed to be a S. J. P. If afterwards, on the trial of any offender or offence to which any such statement may relate, the person who made the same shall be proved to be dead [rep. as to absence, ord. 14, 69, 8s. 7], or if it shall be proved that there is no reasonable pro- bability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the accused, without further proof thereof, if the same purports to be signed by the J. P. by or before whom it purports to be taken, and provided it be proved to the satisfaction of the Court that reasonable notice of the intention to take such statement has been served upon the party (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such party, or his counsel or attorney, had or might have had, if he had chosen to be present, full opportunity of cross-examining the person who made the same. (See ord. 14, ’69.) Whenever a prisoner in actual custody shall have given or shall have received notice of an intention to take such statement as hereinbefore mentioned, the Judge or J: P. by whom the prisoner was committed, or if in custody in G. jail, then the Sheriff of Demerary, or if in custody in New-Am. jail, then the Sheriff of Berbice, or, if in custody elsewhere than in G. or New-Am., then the 8. J. P. of the district within which the prisoner is in custody or, if he shall not be in custody within any judicial district, then any J. P. near the place where he shall be in custody may, by an order in writing, direct the jailer or other person having the custody of the prisoner to convey him to the place mentioned in the said notice, for the purpose of his being present at the taking of the statement ; and such jailer or other person shall convey the prisoner accordingly, and the expenses of such conveyance shall be paid out of the funds applicable to the miscellaneous expenses of justice. When all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the J. or Js. P. then present shall be of opinion that it is not sufficient to put such accused party upon his trial for any indictable offence, such J. or Js. P. shall forthwith order such accused party, if in custody, to be discharged as to the information then under inquiry ; but if in the opinion of such J. or Js. P. such evidence is sufficient to put the accused party upon his trial for an in- ORD 26, ’68 8. J, P. defined for purposes of section. Reading of evidence where party dead. Proof of notice of inten- tion to take evidence so. S 6 Prisoner to be present when statement taken. ORD 29, ’50 $17 Discharge - or committal (R 1). ORD 29, ’50 $15 Bail discretionary (Q 1, 2). After com- mittal. Certificate for bail (Q 3). 64 INDICTABLE OFFENCES. [PROCEDURE. dictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such J. or Js. P. shall, by his or their warrant (R 1), commit him to any jail of the Colony, to be there safely kept until he shall be thence delivered by due course of law, or admit him to bail as hereinbefore mentioned. Where any person shall appear or be brought before a J. P. charged with any felony, or with any assault with intent to commit any felony, or with any attempt to commit any felony,. or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as a peace officer, such J. P. may, in his discretion, admit such person to bail, upon his procuring and producing such surety or sureties as in the opinion of such J. P. will be sufficient to ensure the appearance of such accused person at the time and place when and where he is to be tried for such offence, and thereupon such J. P. shall take the recog- nizance (Q 1 2) of the said accused person and his surety or sureties, conditioned for the appearance of such accused person. at the time and place of trial, and that he will then surrender and take his trial, and not depart the Court without leave. And in aJl cases where a person charged with any indictable offence shall be committed to prison to take his trial for the same, it shall be lawful at any time afterwards, and before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be ad- journed, for the J. or Js. P. who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid; or if such com- mitting J. or Js. P. shall be of opinion that for any of the offences hereinbefore mentioned the said accused person ought to be admitted to bail, he or they shall in such cases, aud in all other cuses of misdemeanors, certify (Q 8) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, and it shall be lawful for any J. P., attending or | being at the jail or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person to bail in manner aforesaid ; or if it shall be inconvenient for the surety or sureties in such ey case to attend at such jail or prison to join with such accused person in the recognizance of PROCEDURE. | THE EXAMINATION. 65 bail, then such committing J. or Js. P. may make a duplicate of such certificate (Q 4) as aforesaid, and upon the same being produced to any J. P., it shall be lawful for such last mentioned J. P. to take the recognizance of the surety or sureties in con- formity with such certificate, and upon such recognizance being transmitted to the keeper of such jail or prison, and produced together with the certificate on the warrant of commitment as aforesaid to any J. P. attending or being at such jail or prison, it shall be lawful for such last mentioned J. P. thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commitment, as here- inafter mentioned. And where any person shall be charged before any J. P. with any indictable misdemeanor other than those hereinbefore mentioned, such J. P., after taking the examinations in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid, or if he has been committed tv prison and shall apply to any one of the visiting Js. P. of such prison, or to any other J. P. before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be ad- journed, to be admitted to bail, such J. P. shall accordingly admit him to bail in manner aforesaid; and in all cases where such accused person in custody shall be admitted to bail by a J. P. other than the committing J. or Js. P. as aforesaid, such J. P. so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing J. or Js. P. or one of them, to be by him or them transmitted with the examinations to the proper officer. No J. P. shall admit any person to bail for treason. Whenever any person is charged before a. J. P. with any offence triable before an Inf. Court, and such J. P., after taking the depositions of the witnesses, and the examination of the person charged in manner required by law, shall be of opinion that the evidence is sufficient to put the accused person upon his trial, or that the evidence given raises a strong presumption of the guilt of such accused person, it shall be the duty of such J. P. to refer the case for trial to the next Inf. Court, and to commit or bail the accused to take his trial accordingly. De- positions to be returned to the Crown Solicitor. Notwithstanding the reference by any J. P. to the Inf. Court, the Att.-Gen. may in his discretion cause the person to be in- dicted before the Sup. Court. (Copy of indictment to be served on accused.) Whether the accused is referred to the Sup. Crim. Court, or to the Inf. Crim. Court, an order of reference should be attached to the depositions, and a duplicate forwarded with the prisoner to jail, when bail is not taken, ORD 29, 50 Duplicate certificate (Q 4). Compulsory. Retura of Tecognizances to committing Justice. Treason. ORD 7, 72 Order of refe- rence. § 11 When reference to Inf, Crim, Court. § 12 No bar to indictment, 66 INDICTABLE OFFENCES. [PROCEDURE. ORD 27, '46 Subsequent Matters. $81Bailafte [The Sup. Crim. Court, or any Judge thereof in non-session, commitment. may bail in all cases, as the Court of Queen’s Bench, or any Judge thereof, in vacation, may in England. ] _ 8 32 Applica Every person after actual commitment, may petition, accom- nign for: panied by a copy of the warrant of commitment (or affidavit that such copy has been demanded and denied), the Sup. Crim. Court or any Judge thereof during non-session, to be admitted to bail: Provided always, that when any such commitment shall be made by the said Court or by any Judge thereof, such appli- cation shall be made to the said Court or to the Judge by whom the said commitment was issued. $33Amout | (Amount of bail to be at the discretion of the Court, Judge, of bail, or Js. P. by whom taken, but not to be excessive.) Form of recog- The recognizance of bail (B), in writing (from the prisoner men alone or from the prisoner and one or more surety or sureties at the discretion of the Court, Judge, or Js. P. by whom taken), shall be signed by the party and his surety or sureties, with the condition, personally before the Court named, to answer to any indictment filed against him, at any time within the space of 12 calendar months from the date thereof, and not to depart without leave of the Court, and to accept service of any such indictment at some certain place to be elected, and in the said Infant or condition to be expressed. If the accused be an infant, or a married woman. yarried woman, then the recognizances shall be taken only ORD 29, "60 from the surety or sureties. § 16 Warrant When a J. P. admits to bail any person after committal, he Qa shall send a warrant of deliverance (Q 5) under his hand to the ORD 27,46 keeper of the jail. ; ge aerenin All such bailments and recognizances taken before any Js. P. of bailments shall be forwarded to the High Sheriff, or Sheriff of the County, maneen (hacen as the case may require, and lodged without delay, by him, with the Reg. (Sup. Court), or Clerk (Inferior Court). All such bailments and recognizances taken before the Sup. Court or any Judge thereof, shall be lodged with and left in the custody of the said Reg. as soon as the same are taken. 8 69 Penalty If any J. P. shall offend in anything contrary to the true on. Jaton. intent and meaning of the provisions of this ord., the Sup. Crim. Court shall, upon examination and proof of the offence, in a summary manner, set such fine upon every such J. P. as the Court shall think meet. As to Gov. notice relative to depositions by Mags., sce O. @. about 1870. The Editor is informed that there is such a notice in existence, but he never saw it, the Gazettes not having been properly preserved in his district, and his leaving the Colony unexpectedly preventing him from securing a copy of it elsewhere. PROCEDURE. ] SUBSEQUENT MATTERS. 67 Any member of the police force or constable shall convey such accused person therein named or described to the jail or other prison mentioned in such warrant, and there deliver him, together with such warrant, to the jailer or keeper of such jail or prison, who shall thereupon give such member of the police force or constable so delivering such prisoner into his custody a receipt (R 2) for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such jailer or keeper, and such receipt shall be forthwith delivered up by such member of the police force or constable to the committing J. P.. At any time after all the examinations aforesaid shall have been completed, and before the first day of the assizes or sessions or other first sitting of the Court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require and shall be entitled to have, of and from the officer or person having the custody of the same, copies of the depositions and of the statement of the prisoner, if any, on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not excdg. at the rate of 25c. for each folio of 120 words. All persons held to bail or committed to prison are entitled to demand from the Reg. copies of the examinations of the witnesses [which will have been given to the Reg. by the Att.- Gen.—s. 23, infra, ‘“‘ Sur. CrrinaL Procepure ”’| on payment of a reasonable sum not excdg. 25c. for each folio of 120 words, if demanded within 6 days after the depositions shall have been delivered to the Reg., but if not only by order of one of the Judges of the Sup. Court. The Judge may postpone the trial on account of such copy of the examinations of wit- nesses not having been previously had by the party charged. Every person under trial may at the time of his trial inspect without fee or reward all depositions (or copies thereof) taken against him and returned into Court. ORD 29, '50 8 18 Gonvey- ance to jail. Receipt. $ 19 Copies of depositions. ORD 27, '46 8 24. S$ 265 Inspec- tion of deposi- tions. PROCEDURE IN THE INFERIOR COURT OF CRIMINAL JUSTICE. CONTENTS. The Court . . Order in Council, June, ’31. s Ord. 7, ’72—ss. 1, 4, 5, 6, 7. Jurisdiction . 2 “5 » —s. 8. The Hearing . - 9 » —s8s. 16, 22, 17, 27, 80. : . ey gy 88. 14, 15, 25, 26, 81. _ ; eis » —Bss. 18, 19, 21, 20, 28, 24. The Sentence a i » —s. 18. ‘ . 4, 18, 46—s. 1. ” . . ” 5, 73 —s. 2. Rural Constables. » 5, '68—See ‘* Pouce,” THE INFERIOR COURT OF CRIMINAL JUSTICE. The Court. Power to Gov. and C. of P. to establish the Courts, and for Judges to frame rules, etc. At G., not less than 8 sessions; at Suddie and New-Am. not less than 4 sessions each per ann. §. 2 (repealing ord. 18, ’71, s. 1) enables the Gov. to appoint other sessions in other places. By s. 3 the Court days are appointed by one or more of the Judges of the Sup. Court, notified by the Reg. in the O. G. and one other paper 14 days beforehand, and postponed, if necessary, by the Judge on 7 days’ notice, notified as aforesaid. [The Court at the Hague transferred to Fellow- ship (ord. 2, 68), but semble ord. 2, ’68 is repealed by s. 32 of this ord.] Every Inf. Court shall be a Court of Record, and consist of a Puisne Judge, who shall preside, and at least 2 Js. P. The C.J. may, if he shall think fit, preside. Whenever a P. J. shall be prevented by illness or other sufficient cause from attending, and the C. J. shall not think fit to preside, the Gov. may by warrant appoint any practising Barrister or Advo- cate to preside. The Reg. of the County shall give notice in writing to a sufficient number of Js. P. to attend at the time and ‘place appointed—in rotation ; in default of attendance the Judge -may associate with himself any other J. or Js. P. The St. J. P. before whom the preliminary investigation may have been held -may be a member of the Court. The Registrar of each County to be Clerk for that County ; he may depute his Sworn Clerk, Notary Public, or Ass. Sworn Clerk. When the Court is not fully constituted, the Judge or one or more of the Js. P. may adjourn it—Reg. to notify adjournment ‘in writing to Judge and Js. P. (not present) required to attend. Where no prisoner for trial, session to lapse. ORDER IN 20 JUNE, 1831. ORD 7, '72 § 1 Sessions. 8 4 Constitu- tion. 8 6 Justices, Committing Justices. 5 6 Clerk. § 7 When no quorum. 5 7 Lapse. ORD 7, ’72 $8 Jurisdic- tion. Reference to Sup. Court (see 8, 14). § 8 Where no jurisdiction. 8 16 Charges, etc., preferment. Amendment. $ 22 Informal charge, § 17 Record. § 27 Con- tempt. 72 INFERIOR CRIMINAL COURT. [PROCEDURE — Furisdiction. Larceny, embezzlement, fraudulent misapplication or disposi- tion or obtaining by false pretence of any chattel, animal, money, or valuable security,* when the property stolen, embezzled, fraudulently misapplied, or disposed of, or obtained by false pretence, shall not exceed in value $100, to be ascertained anv. determined by the Court. (When any such property shall exceed in value $50, to be ascertained and determined as aforesaid, and the accused shall before entering upon the merits at the trial declare his wish to be tried by a jury, he shall be referred to the Sup. Court, and committed for trial or bailed as the Inf. Court shall think proper.) All misdemeanors when the punish- ment shall not exceed one year’s imprisonment, all ordinary breaches of the Peace within the County, and all offences which by virtue of any ord. may be tried by an Inf. Court. No power to hear or determine any case of larceny from the _ person of another with violence, nor any burglary, nor any larceny accompanied by house-breaking. The Flearing. All charges and complaints to be brought before the Court shall be prepared by the Clerk under the direction of the Att.- Gen., when he shall think fit to give such direction, and may be amended at the trial by order of the Court, on such terms, if any, as it shall direct. No charge or complaint shall be deemed informal or insufii- cient if the act or omission charged as the offence shall be clearly and distinctly set forth in ordinary and concise language, and so as to enable a person of common understanding to know what is intended, and the Court to pronounce judgment accord- ing to the rights and merits of the case. The Clerk should at the trial take down in writing all pleas of the accused, and notes of the examination of each witness, and prepare all judgments, sentences, and orders of the Court, and communicate the same to the proper officer to be enforced, and keep in a book a record of the proceedings, an abstract of which shall be forwarded to the Gov. at the end of each session. Contempt before or against the Court punishable as in Supreme Court. In default of express provision herein, principles and practice of Sup. Court to be followed. (See ‘ Sur. Crm. Proo.,” infra.) * For definition of Valuable Security,” see ord, 22, 62, tit. “LARCENY,’ PROCEDURE. | THE HEARING. 73 Expenses incurred by Judges, Justices, and Officers provided for by Resolution of C. of P. If at any time before or during the trial of any person it shall appear to the Court that the case is beyond its jurisdic- tion, or of such a nature as ought to be tried before the Sup. Court, the Court shall commit the accused to the common jail of the County, or admit him to bail, and shall transmit the case to the Att.-Gen. (See s. 8.) The Court may adjourn de die in diem, or from time to time. (Ord. 14, ’69, s. 9.) Witnesses may be summoned by Writ of Subpaend, issued by the Clerk, served by the Provost-Marshal, or the police, enforced as in Sup. Court. (See ‘‘ Sup. Crim. Proc.,” infra.) Forfeited recognizances dealt with as by Sup. Court. For witnesses for prosecution or defence (subject to dis- allowal by Court or presiding Judge) as follows :—for each day’s attendance :— Agricultural labourer, ordinary seaman, domestic ser- vant, or daily labourer, or wife or child of any such person : 5 48c. Every other person . . . : ; : . 96e. The Clerk shall read to the accused the charge, and call upon him to plead either Guilty or Not Guilty; if he shall refuse to or shall not plead, the Court shall enter a plea of Not Guilty, and proceed with the trial. The witnesses in support of the charge shall be examined by the prosecutor, his counsel or attorney, or, in default by them, by any member of the Court, and may be cross-examined by the accused, his counsel or attorney, and may be re-examined by the prosecutor, his counsel or attorney. (See ‘“ Summary (p. 10-15) ann InpicraBLE (p. 57) OFFEncEs.”) Before examination the Clerk shall administer the proper oath, affirmation, or declaration, as in Sup. Court. When the case of the prosecution is closed, the accused, his counsel or attorney, shall be heard in defence, and may thereafter produce his witnesses, to be sworn, examined, etc., as witnesses for the prosecution (s. 19). The accused or his counsel may then sum up, and the prosecutor or his counsel may, in every case, reply. See asto this also ord, 4, ’72,s. 14,“ SuMMARY OFFENCES,” “ WIT- NESSES,” p. 10-15. When the case is closed on both sides, the presiding Judge may, if he shall so think fit, and the J. P. so desire, in the presence of the accused, sum up, and the Court shall thereafter proceed with closed doors to consider whether the accused is ORD 7, ’72 § 30 Expenses, S$ 14 Mode of reference to Supreme Court. $ 15 Adjourn- meuts. S 25 Subpend. $ 26 Forfeited recognizances, § 31 Remu- neration. $18 Plea. 8 19 Evidence for the prosecu- tion. SS 19, 21 Oath. S 20 Evidence for the defence. § 23 The Judg- ment. ORD 7, '72 S 24 Crown Cases Reserved. $13 Power of Punishing. Exceptions. Fines—how enforced. ORD 13, '46 $1 Punish- ments limited to two. ORD 5, '73 S$ 2 Whipping. ORD 6, '58 Raral Con- stables, 74 INFERIOR CRIMINAL COURT. [PROOEDURE, Guilty or Not Guilty, to be decided by a majority of votes, the decision to be pronounced in open Court. If found Not Guilty, accused to be discharged, unless there be another charge against him; if found Guilty, the presiding Judge to give sentence, to be recorded by the Clerk as the judgment of the Court. The presiding Judge may in his discretion reserve any ques- tion of law for the consideration of the Judges, and thereupon respite the execution of the judgment, or postpone the judgment, as provided by ord. 14, 69. (See ‘‘Court ror Crown CasEs Reservep,” infra.) Offenders within jurisdiction punishable by impr. with or without h. 1., or fine not exedg. $240. Except, when a specific punishment is prescribed by the ord. giving jurisdiction—punishment as prescribed ; When fine inflicted, presiding Judge may direct such person to be impr. with or without h. 1. (not excdg. 12 months), in case such fine shall not be paid forthwith, and thereupon such person shall suffer imprisonment according to such sen- tence, unless such fine be sooner paid. The power given by ord. 4, ’387, to any Inf. Court Crim. J. to inflict two or more of the kinds of punishment together within the limits therein mentioned, shall be limited and re- stricted to the infliction of any two of such kinds of punish- ments within the limits aforesaid; anything in ord. 4, ’87, or in ord. 1,’46, to the contrary in anywise notwithstanding. This s. is printed in the Colonist Ed, of the Laws, but is apparently repealed, because the ss. of ord. 4,37 to which it refers are repealed by ord. 7, 72. Any male under 16 found guilty of larceny or embezzlement may, in addition to imprisonment or fine, be once privately whipped, not excdg. 20 lashes—the number of strokes and the instrument to be specified in the sentence. Rural Constables. As to the jurisdiction of the Infr. Crim. Court over Rural Constable, see ‘‘ PoticE,’’ post. PROCEDURE BEFORE THE SUPREME COURT OF CRIMINAL JUSTICE. General Matters . 2? ”? ” ”? The Court i The Calendar The Indictment : CONTENTS. Ord. 4, ’72—ss. 1, 2. 17, ’51—s. 13. 27, ’46—s. 95. 26, ’46—s. 22. » —ss. 1-3. 2, ’47—s. 4. 27, ’46—ss. 36, 37. 1, ’53—s. 83. 4, "72—s. 4. 17, ’51—ss. 1, 2. 12, ’°70—s. 1. 11, ’'70—ss. 1-4. 27, ’46—s. 70. 8, ’47—s. 9. 17, ’51—-s. 8. 26, ’46—s. 21. 12, ’70—s. 4. 14, ’69—s. 9. 27, ’46—ss. 26, 42, 48, 39, 8, ’65—ss. 1-4, 27, ’46—s. 23. 3, ’47—s. 38. 27, ’46—ss. 92, 27, 29, 80, 48. » —ss. 49, 58, 54, 8, ’47—ss. 11, 10. 27, °46—ss. 85, 47. 1, ’53—ass. 5, 7, 14, 19, 21, 22. 27, ’46—ss. 87, 88. 1, ’58—ss. 23-26. 12, ’62—s. 45. s The Jury SUPREME COURT. . 27, °46—ss. 60, 86, 52. 8, °47—-2. 8. 24, ’47— 1. 26, ’68—s. 7. 2, ’47—ss. 5, 6. 19, ’46—s. 10. 1, ’58—ss. 87, 39. 27, °29—s. 1. 5, ’381—s. 1. 27, ’46—ss. 75-77. 14, ’49—ss. 9, 10. 27, ’46—ss. 78, 79, 68, 90, 89. 14, ’49—+s. 4. 17, ’°52—s. 5. 14, ’49—s, 2. 17, ’52—-s, 2. 14, ’49—ss. 7, 8. 8, '47—s. 5. 27, ’46—ss. 50, 51. 8, ’47—ss. 7,6. 1, ’58—s. 29. 11, '70—s. 6. - 1, ’°58—ss. 27, 28. 27, ’46—ss. 55, 62, 65. 1, ’°58—ss. 35, 82, Preamble. » —ss. 1:8, 9, 12. 14, ’49—s. 2. 1, ’58—s. 20. 27, ’46—ss.56,61,64,66,57,91. 1, ’58—ss. 80, 81. 4, "72—s, 3. 27, ’46—ss. 80, 84, 98, 94. 17, '51—ss. 8, 12. 14, ’65—ss. 2-7. THE SUPREME COURT OF CRIMINAL JUSTICE, General Matter. Tue law of England relating to acts or attempts which by that law constitute felonies or misdemeanors, and which by the law at present in force in this Colony are not yet declared to be felonies or misdemeanors, shall henceforth (in so far as the same can be made to apply to the circumstances of this Colony) be the law of this Colony. The common law of England now in force, relating to criminal matters, shall henceforth be the law of this Colony in so far as the same can be made to apply to the circumstances of this Colony ; but this provision shall not extend to cause any attainder, forfeiture, or escheat. Save and except as herein varied and altered by this ord., ords. 26 and 27, ’46, and #2, 8, and 24, ’47, shall remain un- altered. (Ss. 81-83, see ‘* Accrssory.”) Whenever this or any other ord. relating to any crime or offence, whether punishable under information, indictment, or summary conviction, in describing or referring to the crime or offence or the.party affected or intended to be affected by the crime or offence, hath contained or shall contain words importing the singular number, or the masculine gender only, yet the ord. shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and -bodies corporate as well as individuals. In this ord. ‘filed ’’=depositing and lodging with the Registrar; “‘ month” =a calendar month (sce ord. 9,56, p- 1); ‘day "=24 hours, de momento in momentum ; ** Court” = every Court of Criminal Justice had or held by and before one or more of the Judges of B. G. ; ‘‘common jail ”=any place of confinement or imprisonment duly authorised or mentioned ag such ; ‘‘ sentence” and ‘‘ judgment ””=any sentence, judgment, order, or rule of Court; ‘‘ Sheriff’ =the High-Sheriff of B. G., 7 ORD 4, '72 $1 Law of England as to | felonies and misdemeanors to prevail, $2 Common law of England to prevail. Exception. ORD 17, ’51 § 13 Prior ords, how affected by later, ORD 27, 46° S 95 Interpre- tation clause (general). Special. ORD 27, ’46 ORD 26, '46 5.1 Assessors abolished. 8 2 Jurisdic- tion. § 3 Trials in criminal cases. ORD 2, ’47 § 4 Trial at ar, ORD 27, 746 $ 36 Sessions of Court. § 37 By one or more of the Judges. ORD 1, ’53 § 33. 78 SUPREME CRIMINAL COURT. [PROCEDURE. or the Sheriff of Ess. or Berbice; ‘‘ Justice’ and ‘‘ Justice of the Peace” =any and every Justice, Justice of the Peace, Sheriff, Magistrate, and person ex officio a Justice of the Peace or holding a Commission of the Peace; ‘indictment ’’ =<“ information,” and vice verséd; ‘* Provost-Marshal” and ‘‘ Marshal” =all Marshals; “Registrar” and ‘‘ Registrar of Court” =all officers or persons acting under such Registrar, or authorised by him to act in his stead ; ‘‘constable ’=all police officers, policemen, and other persons appointed to preserve the peace; a forfeiture or penalty is payable to a body corporate when the party aggrieved; ‘individual,’ “person,” and “party,” respectively = any body politic, corporate or collegiate, municipal, civil, or ecclesiastical, aggregate, or sole, as well as an individual. The Court. Three Assessors no longer associated to the 3 Judges ; prior jurisdiction of the Judges, independently of the Assessors, to remain, The decision of the majority of such Judges (except where otherwise provided) in all cases to be taken as the judg- ment of the whole Court. The Courts to be Courts of Record, and to have cognizance of all criminal pleas and jurisdiction as H. M.’s Courts (Q. B., C. P., and Exch.) at Westminster; and also to be Courts of Oyer and Terminer and Jail Delivery. ‘The Judges of B. G. shall have and exercise such and the like jurisdiction and authority as the Judges of the said Courts of Q. B., C. P., and Exch. The trial upon an indictment or-information may be had by any one or more Judge or Judges, and a Jury of 12 men, as in England. Any one of the Judges upon motion made on behalf of H. M. or of any prosecutor, prisoner, or defendant, in any prosecution, information, or cause whatsoever, which would form or be the subject of a trial at bar at Westminster, shall order the trial to be determined at bar, that is to say, before and by the said Court, composed of all the Judges thereof. A session of the Court shall be holden in the Court-House, in G., on the 4th Tuesday in Jan., on the 8rd Tuesday in April, on the 8rd Tuesday in July, and on the 2nd Tuesday in Nov., of every year; and in New-Am. on the 8rd Friday in March and on the 8rd Friday in Oct. of every year, and from day to day until all indictments, informations, and other criminal charges and complaints ready for trial shall be heard, disposed of, and determined before any one or more of the Judges, as in England. Provided always that nothing herein contained shall hinder PROCEDURE. | THE COURT. 79 or prevent the Gov. from appointing by proclamation, from time to time, a criminal session to be held at such time and place as he may think fit; nor to hinder or prevent the said Gov. by proclamation, to suspend or postpone any criminal session hereby appointed to be held in G. or New-Am., and to order and direct a criminal session in lieu thereof to be held at any other time in the same city or town, or in any other place within the limits of B. G. Power for the Goy. at any time to proclaim a special session of the Sup. Court, in such place and at such time as shall seem to him fit, for the trial of offences wherever committed within the Colony, in addition to or in lieu of any ordinary or customary session; and at the same time to proclaim that, if the Chief Justice or Senior Judge shall think fit, ord. 12, ’70 (see ‘‘ Jurors”) may be applied to such session, and that any additional panel or panels of Jurors, if summoned, may be summoned from the County in which the session is to be held, or from either or both of the other Counties. There shall be holden in each and every year in the County of Ess. one or more sessions of the Court, at such times and places as the Gov., by proclamation in the O. G., shall appoint, and separate sessions of the said Court for the County of Dem. alone shall be holden on the days and times and at the place appointed by ord. 27, ’46 (s. 36, p. 78), and holden by and before any one or more of the Judges of the Sup. Courts (ord. 12, ’70, s. 1) and a Jury of 12 men. Sup. Courts of the three Counties consolidated into one Court, with same powers and authority (s. 2), separate sessions as there- tofore for several Counties (s. 3). ‘‘ Supreme Court” in any ord. to mean consolidated Court (s. 4), where intelligible. The keeper of the jail, by himself, deputy or assistant, shall attend in Court at all times during session, and bring each prisoner before the Court, and during the continuance of the trial have him under his charge and custody, and from time to time remand him to prison by permission or order of the Court during the progress of the trial or any adjournment thereof. The Reg. or proper officer attending the sessions shall keep a minute-book, as in England. The Clerk of the Sup. Crim. Court, of Dem. and Ess., and the Marshal of B. G., each by himself or his deputy, shall attend each of such sessions, Every Reg.,- Marshal, or other Public Officer who shall refuse or neglect to perform any duty or to do any act by this ord. directed, and for default of which no fine has hereinbefore been declared, for every such offence a fine not excdg. $50 nor less than $10 (recoverable as in s. 17 ; see ‘‘ Jurors ”). ORD 1, ’53 8 33. ORD 4, '72 S 4 Special Sessions of Supreme Court. Additional Panels, ORD 17, ’51 S 1 Separate Sessions for Demerary and Essequebo. S 2 Before one or more Judges and a Jury. ORD 11, 70 S 1 Supreme Court of British Guiana. ORD 27, 46 8S 70 Keeper of jail. ORD 3, ’47 S 9 Minutes. ORD 17, ’51 S 3 Officers, ORD 26, '46 $ 21 Penalties on Registrar, etc. ORD 12, ’70 84 ORD 14, ’69 S$ 9 Adjourn- ments. ORD 27, ’46 S$ 26 Judge's warrant of discharge. § 42 Prisoners committed 22 days before session. S 43 In what cases a new rosecution may e had. $ 39 List of persons under prosecution. 80 SUPREME CRIMINAL COURT. [PROCEDURE. Officers of Court, or deputies, to attend the sessions of Judges sitting apart. The Court may adjourn from day to day or from time to time, as occasion may require. The Calendar. Each Judge of the Court (except in the special case herein- after excepted, s. 28, p. 82) may liberate any person committed to jail for further examination or for trial, or discharge from prosecution any person admitted to bail, by a writing subscribed by him, setting forth that he sees no grounds for prosecution. Every person comwitted for trial or admitted to bail 22 days before a session, shall be brought to trial at that session (except for sufficient cause the trial ought not to be proceeded in), and if not brought to trial at that or the next following session, he shall be discharged from his imprisonment for the offence, if bailable ; or, if not bailable, he shall then nevertheless be admitted to bail, or discharged on his own recognizance, at the discretion of the Court. Prisoner, by consent of the Att.-Gen. and himself, may be brought to trial at any time after his commitment, although the said term of 22 days shall not have elapsed. This was acted on in the “ Eliza” boiler inquest case. (Reg. v. Green.) Except as hereinafter provided, no person who shall have been once discharged from jail by reason of his not having been brought to trial within the term hereinbefore limited, shall be liable to be recommitted to prison, either for examination or for trial, for the same offence, and no person who shall have been admitted to bail and not duly brought to trial shall be obliged to find further bail, or shall be liable to be committed to jail either for examination or trial for the same offence in respect of which he was formerly admitted to bail: unless any further or more sufficient evidence shall at any time thereafter be found to prove that any such person was guilty of the said offence in respect whereof he was so committed for trial, or admitted to bail, and discharged as aforesaid, and such person be again charged with such offence, and such further or more sufficient evidence shall be adduced against him, in which case any J. P. before whom such person may be brought to be examined on such charge, may commit him to jail for examination, or further examination, or for trial, or cause him to be held to bail for such offence. The Att.-Gen. shall, on the Ist day of every such Criminal Session, in open Court, deliver to the Court a list of all accused persons either in or out of custody. PROCEDURE. | THE CALENDAR. 81 The jails which shall be delivered at the respective sessions of the Sup. Court for the several Counties shall be respectively the Jails of G., Capoey, and New Am., and no other: Power for the Gov. and C. of P., at any time, to proclaim in the O. G. the County Jail for Ess. at some place in said County other than Capoey. The keeper of each of the said jails shall, on the first day of every session of the Sup. Court held in his County, deliver in open Court to the presiding Judge, a correct list of all persons in his custody upon any criminal charge not then tried, or upon whom sentence shall not have been then passed, or committed in default of sureties to keep the peace or otherwise, distinguishing their names, ages, and sex, with the dates of their respective commitments, and the authority under which every such prisoner was so committed ; and shall produce such prisoners in open Court on such days and times and in such numbers as the Court may direct. If any person who on the first day of any such criminal sessions shall appear to be in actual custody awaiting his trial at such session, shall at any time during such session, in open Court, pray by himself or by his counsel, to be then and there put upon his trial, the Court shall before the termination of such session, either proceed to the trial of such person or discharge him upon bail to appear at the next ensuing criminal session, and answer any indictment which may then be preferred against him: Provided, nevertheless, that if it shall appear to the satisfaction of the Court that any material witness for the prosecution cannot be produced at such first-mentioned session, the Court may either discharge such prisoner upon bail as aforesaid or may remand him for trial at the next ensuing criminal session ; but if any such prisoner being a second time produced before the Court shall pray then and there to be put upon his trial, the Court shall before the termination of the session, either proceed to the trial of such prisoner or discharge him upon bail, any absence of witnesses for the prosecution notwithstanding. The Court at the close of every such session shall discharge all prisoners not under sentence, remaining in the jail of the County in which such session shall be held, who by the law of England would be then entitled to their discharge upon jail delivery, and also all other accused persons referred for trial at such session remaining untried who by the said law would be entitled to such discharge ; and the Court may also discharge all prisoners remaining in such jail in default of surcties as aforesaid, who in the opinion of the Court ought to be so discharged. ORD 3, ’65 $1 The County jails. & 2 Jailer to deliver lists of prisoners in his custody, S 3 Prisoner praying to be put on his trial, In case of absence of material witness for the prosecu- tion. 8 4 Jail delivery. ORD 27, '46 S$ 23 Deposi- tions to be filed by Att.-Gen. with the Reg. ORD 3, '47 S 3 Att.-Gen, to institute prosecutions. ORD 27, ’46 S$ 92 Who to act in absence of Att.-Gen. §$ 27 Where Att.-Gen. not bound to prose- cute, Prosecution by private party. $ 28 Proceed- ings by party when Att.-Gen. refuses to pro- ceed at public instance, $ 29 Where Reg, not to issue copy of indict- ment. S$ 30 Costs. $ 48 Property of partners, how laid. §S 49 Property belonging to . Colony, etc., how laid. 82 SUPREME CRIMINAL COURT. [pRocepURE. The Indictment. The depositions or preliminary examinations so transmitted to the Att.-Gen. (see ords. 29, ’50, s. 18, p. 60; 27, ’46, s. 35, p. 66; and 8, 47, s. 1, p. 59) shall be kept by him until the filing of the indictment, and then delivered to the Reg. of the Court, etc. Upon receipt of the preliminary examinations, statement of the accused, writings, and other articles, the Att.-Gen., if he see reason to institute criminal proceedings, shall institute such proceedings as to him shall seem legal and proper. In case of the absence or inability to act of the Att.-Gen., the Solicitor-Gen., or any other person duly appointed by the Gov., may act,—such person to be a barrister (ord. 12, ’70, s. 6). The Att.-Gen. shall not be bound to prosecute in any case of assault or battery (not of an aggravated nature), libel, or other misdemeanor, in which he may be of opinion that the interests of public justice do not require his interference. In all such cases any party injured or complaining may prosecute in the name of the Att.-Gen. on entering into a recognizance in a sum not excdg. £50, with one surety in the same sum, to prose- cute and pay costs. And if he shall desire to prosecute any one for whose liberation from jail a warrant may have been issued by any Judge as aforesaid, upon entering into such recognizance he may apply to the Court in session, or any Judge out of session, for a warrant for the further detention in jail of such person, or in case of his being already liberated, for his re-commitment for trial, and such Court or Judge shall thereupon make such order therein as to such Court or Judge shall seem fit. The Reg. shall not receive the indictment or information, unless endorsed with a certificate subscribed by the Att.-Gen. that he has seen such indictment or information and declines to prosecute at the public instance for the offence therein set forth. In event of acquittal, prosecutor to pay costs at Court’s discretion. In any indictment or information for felony or misdemeanor, to state the ownership of any property, real or personal, belong- ing to or in the possession of more than one person, as partners in trade, joint tenants, parceners, or tenants in common, it is sufficient to name one of such persons, stating the property to belong to the person so named, and another, or others, as the case may be ; and any partners, joint tenants, parceners, or tenants in common, are sufficiently described in the manner aforesaid, including joint stock companies and trustees. In any indictment or information for felony or misdemeanor, committed in, upon, or with respect to any bridge, court, jail, PROCEDURE. | THE INDICTMENT. 83 house of correction, infirmary, asylum, school, workhouse, poor- house, or other building erected or maintained, in whole or in part, at the expense of the inhabitants of B. G., or of any county or counties, or parish or parishes within the same, or on or with respect to any goods or chattels whatsoever, provided for the use of any such building, or of any person in, belonging to, or attached to the same, or at the expense of the inhabitants of B. G., or of any county or counties, or of any parish or parishes within the same, to be used for making, altering, or repairing any bridge or highway, or any such buildings as aforesaid, or to be used in or with any such buildings, it shall be sufficient to state any such property, real or personal, to belong to the inhabitants of B. G., or of any county or counties, or of any parish or parishes within the same, or to the vestries for the time being, and it shall not be necessary to specify the name of any such inhabitants or vestrymen; and in any indictment or information for felony or misdemeanor committed on or with respect to any materials, tools, or implements, provided for. making, altering, or repairing any street or highway in any city, town, or parish within B. G., it shall be sufficient to aver that any such things are the property of the surveyor or surveyors, commissioner or commissioners of roads and bridges for the time being, of such city, town, or parish, and it shall not be necessary to specify the name or names of any such surveyor or surveyors, commissioner or commissioners. Joinder in an indictment of counts as in England. Questions as to an indictment or subsequent pleading, or the form or sufficiency thereof, or upon any matter or cause alleged for setting aside any verdict, or staying or reversing any judg- ment, to be decided by the Court as in England. It shall not be necessary in any indictment or inquisition for murder or 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. Where any person charged with any crime or offence, or any person against whom the crime or offence has been committed, has one name only, or only one name that is known, it shall be sufficient to designate in any indictment or inquisition any person by one name only, without averring that such person has only one name, or that the other name is unknown. In an indictment for any such felony committed after a pre- vious conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the previous felony, and a certiticute * As to form of indictment, see also ord. 4, '72, s. 3, infra—* PUNISH- MENT.” ORD 27, 46 Tools, etc, § 53 Joinder of counts. S$ 54 Questions respecting form. ORD 3, ’47 $11 Murder— value of instru- ment. § 10 Persons having one name only, § 85 Form of — subsequent felony.* ORD 23, ’47 Proof of the first conviction. False certifi- cate of convic- tion. Punishment. 8 47. ORD 1, 53 § 5 Indict- ment in cases of stealing, etc. § 7 In other cases. 8 14 Descrip- tion of Colonial property. _§ 19 Doscrip- tion of coin and bank notes, 84 SUPREME CRIMINAL COURT. [PROCEDURE. containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the Clerk of the Court or other officer having the custody of the record of the Court, where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction of such offender, without proof of the signature or official character of the person appearing to have signed the same. And if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, or if any person other than such clerk, officer, or deputy shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto,—felony :— Punishment—transportation (now p. s.) for 7 years, or impr. not excdg. 2 years, and if a male once, twice, or thrice publicly or privately whipping, in addition to such impr. (As to transportation, see tit. “ PUNISHMENT,” infra.) In any indictment it shall be sufficient in all cases to allege that such crime or offence was committed “contrary to the laws in force in B. G., and against the peace of our Lady the Queen, her crown and dignity.” In any indictment for stealing, embezzling, destroying, or con- cealing, or obtaining by false pretences, any instrument, it shall be sufficient to describe such instrument by any name or desig- nation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile thereof, or otherwise describing the same or the value thereof. (Ord. 26, ’A2.) In all other cases, wherever it shall be neco-sary to make any averment in any indictment as to any instruinent, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac- suntle of the whole or any part thereof. Tn every case in which any clerk or person shall be indicted for embezzling or stealing any money, bank-note, or other property, in which the Government or inhabitants of the Colony are, or may be, in any way interested, it shall be sufficient to state or describe in the indictment such money, bank-note, or other property, as belonging to or being the property of the Colony of B. G., and such Clerk or other person, as then being a clerk or person in the employ of the Colony of B. G. In every indictment in which it shall be necessary to make any averment as to any money or any note of the Bank of Eng- land, or any other bank, it shall be sufficient to describe such PROCEDURE. ] THE INDICTMENT. 85 money or bank-note simply as money, without specifying any particular coin or bank-note ; and such allegation, so far as re- gards the description of the property, shall be sustained by proof of any amount of coin or of any bank-note, although the particular species of coin of which such amount was composed, or the particular nature of the bank-note, shall not ba proved, and in cases of embezzlement and obtaining money or bank-notes by false pretences, by proof that the offender embezzled or ob- tained any piece of coin or any bank-note, or any portion of the value thereof, although such piece of coin or bank-note may have been delivered to him in ordér that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. In every indictment for perjury, or for unlawfully, wilfully, falsely, fraudently, deceitfully, maliciously, or corruptly taking, making, signing, or subscribing any oath, affirmation, declara- tion, affidavit, deposition, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what Court, or before whom the oath, affirmation, declaration, affidavit, deposi- tion, bill, answer, notice, certificate, or other writing was taken, made, signed, or subscribed, without setting forth the answer, information, indictment, declaration, or any part of any pro- ceeding either in law or in equity, and without setting forth the commission or authority of the Court or person before whom such offence was committed. (See ord. 27, 46, s. 87, p. 86.) In every indictment for subornation of perjury, or for cor- rupt bargaining or contracting with any person to commit wilful and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly to take, make, sign, or subscribe any oath, affirmation, declaration, affidavit, deposition, answer, notice, certificate, or other writing, it shall be sufficient, wher- ever such perjury or other offence aforesaid shall have been actually committed, to allege the offence of the person who actu- ally committed such perjury or other offence in the manner hereinbefore mentioned, and then to allege that the defendant unlawfully, wilfully, and corruptly, did cause and procure the said person the said offence, in manner and form aforesaid, to do and commit; and wherever such perjury or other offence afore- said shall not have been actually committed, it shall be suffi- cient to set forth the substance of the offence charged upon the defendant, without setting forth or averring any of the matters or things hereinbefore rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury. (See ord. 27, 46, 8. 88, p. 86.) ORD 1, '53 _ § 21 For Per- jury. S 22 For subornation of perjury, etc. ORD 27, '46 S 87 Perjury. S 88 Suborna- tion of perjury. ORD 1, ’53 $ 23 For libel. 86 SUPREME CRIMINAL COURT. [ PROCEDURE. In every indictment or information against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant and by what Court, or before whom the oath was taken, averring such Court, or person or persons, to have a competent authority to administer the same, together with the proper averment or aver- ments to falsify the matter or matters wherein the perjury or perjuries is or are assigned, without setting forth the complaint, affidavit, declaration, or any part of any record or proceeding, either in law or equity, or any part of any instrument in writing or paper writing other than as aforesaid ; and without setting forth the commission or authority of the Court, or person or persons, before whom the perjury was committed any law, usage, or custom to the contrary notwithstanding. (See ord. 1, 58, s. 21, p. 85.) In every indictment or information for subornation of per- jury, or for corrupt bargaining, or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the complaint, affidavit, declaration, or any part of any record or proceeding either in law or equity, or any part of any instrument in writing, or paper writing, and without setting forth the commission or authority of the Court, or per- son or persons, before whom the perjury was committed, or was agreed or promised to be committed, any law, usage, or custom to the contrary notwithstanding. (See ord. 1,58, 8. 22, p. 85.) An indictment for libel need not set forth any extrinsic facts - for the purpose of showing the application to the party libelled, § 24 Certifi- cate of the trial of the indict- ment on which perjury was committed sufficient evi- dence of such trial. § 25 Venue in margin suffi- cient, except where local description is necessary. of the defamatory matter on which the indictment is founded ; but it shall be sufficient to state generally that the same was published concerning him, and the fact that it was 80 published must be established on the trial. A certificate containing the substance and effect only (omit- ting the formal part) of the indictment and trial for any felony or misdemeanor, purporting to be signed by the Clerk of the Court, or other officer having the custody of the records of the Court where such indictment was tried, or by the deputy of such clerk or other officer (for which certificate a fee of $1-50 and no more shall be demanded or taken) shall, upon the trial of any indictment for perjury or subornation of perjury, be sufficient evidence of the. trial of such indictment for felony or misdemeanor, without proof of the signature or official cha- racter of the person appearing to have signed the same. It shall not be necessary to state any venue in the body of any indictment, but the county, city, or other jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of such indictment: Provided PROCEDURE. | THE INDICTMENT. 87 that in cases where local description is or hereafter shall be re- quired, such local description shall be in the body of the indict- ment, and provided also where an indictment for an offence committed in the county of any city or town corporate shall be preferred at a session of the adjoining county, such county of the city or town shall be deemed the venue, and may either be stated in the margin of the indictment, with or without the name of the county in which the offender i is to be tried, or be stated in the body of the indictthent by way of venue. No indictment for any offence shall be held insufficient for want of the averment of any matter unnecessary to be proved, nor for the omission of the words ‘‘as appears by the record,”’ “ with force of arms,’’ or “against the peace,” nor for that any person mentioned in the indictment is designated by a name of office, or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for statiag the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, nor for want of a preper or formal conclusion, nor for want of or imperfection in the addition of any defendant, nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence ; and no indictment not herein specially provided for shall be deemed insufficient if the act or omission, charged as the offence, shall be clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common under- standing to know what is intended, and the Court to pronounce judgment upon a conviction, according to the right and merits of the case. In any indictment for any offences under ord. 12,’62, ‘‘ Prisons,” the production of a certificate from the Clerk of the Sup. Crim. Court of the sentence of the offender, if sentenced by such Court, or of the commitment, if he have been committed by an Inf. Court, or by any Mag. or J. P., or of the order of removal of such offender issued by the Gov., or of a copy of such com- mitment or order of removal duly authenticated by the person having the custody of the original, shall be sufficient evidence of the fact of the commitment to prison of such offender. It shall be sufficient to charge and allege the sentence passed on the offender without charging or alleging any indictment, trial, or conviction of such offender. ORD 1, ’53 § 26 What defects shall not vitiate an indict- ment. ORD 12, ’62 $ 45 Form of indictment for escapes, etc. ORD 27, °46 S 60 Issues of fact. _ $86 Inquiry into previous conviction, S 62 Treason. ORD 3, ’47 S 8 Verdict and sentence, how entered, The Record. ORD 24, '47 Jury de me- dietate linguce, ORD 26, 68 S 7 Affirma- tion instead of oath, Form, 88 SUPREME CRIMINAL COURT. [PROCEDURE. The Fury. Issues on any matter of fact, between the Crown and any person indicted for treason, felony, or misdemeanor, on the order of the Court, to be inquired of according to the law of England by a Jury. The Jury not to inquire concerning a previous conviction, until after they shall have found a person guilty of a subsequent felony; and the statement of the previous conviction in the indictment shall not be read until after such finding. Evidence of prisoner’s or accused’s good character may be rebutted by evidence of the indictment and conviction for the previous felony before verdict returned, and the Jury shall inquire con- cerning such previous conviction for felony at the same time that they inquire concerning the subsequent felony. Where any person shall be indicted for treason or felony, the Jury shall not be charged to enquire concerning his lands, tenements, or goods, nor whether he fled for such treason or felony. Every verdict returned by a Jury, and accepted by the Court, shall be entered on the back of the indictment, or on a separate - sheet of paper thereto annexed, and with the judgment or sen- tence of the Court, or of any of the Judges thereof, and the indictment, the plea or pleas thereto, the names of the Jurors, the verdict, and the judgment or sentence of the Court, shall form the record of the proceedings. No alien, denizen, or other person charged with any crime or offence in the Colony, shall have the right to be tried by a Jury de medietate lingua. As to the case of a man empanelled as juror and after verdict given being found to be under 21, see Re Munger, Sup. Court Cases, May 1876. If any person, summoned or required to serve as a juror in any civil or, criminal proceeding, shall refuse or be unwilling, from alleged conscientious motives, to be sworn, it shall be lawful for the Court or Judge, or other presiding officer or person qualified, to administer an oath to a juror, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the following words: ‘J, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare,” etc., which solemn affirmation and declaration shall be of the same force and effect, and if untrue shall entail all the same conse- quences as if such person had taken an oath in the usual form ¢ PROCEDURE. | WITNESSES. 89 and whenever in any legal proceeding it is necessary or usual to state or allege that jurors have been sworn, it shall not be necessary to specify that any particular juror has made affirma- tion or declaration instead of oath, but it shall be sufficient to state or allege that the jurors have been ‘‘ sworn or affirmed.” Special Fury. Any one of the Judges of the said Sup. Court, upon motion on behalf of H. M., or upon the motion of any prosecutor, prisoner, or defendant, may order and appoint a special jury, to be struck before the Reg. of Court for the trial of any issue triable by a jury. The qualification of special jurors shall be the same as pre- scribed by ord. 19, '46, for special jurors in civil cases: lists, mode and manner of striking, consent of parties, summoning, and costs, as in ord. 19, 46. (See ‘ Sprctan Jurors,” infra.) The person or party who shall apply for a special jury, shall pay the fees for striking such jury, and all the expenses occa- sioned by the trial of the cause by the same, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be entitled unto in case the cause had been tried by a common jury, unless the Court or Judge before whom the cause is tried shall, immediately after the verdict or a nonsuit or an absolution of the instance, certify under his hand upon the back of the record or issue book that the same was a cause proper to be tried by a special jury. Upon the trial of any prisoner for felony or misdemeanor, the Court shall have power and authority to permit the jury to separate and adjourn, if they have not been charged, to the next or some future day, and the Court shall admonish them of their duty not to converse with any one, or among themselves, on any subject connected with the trial, or to form or express any opinion thereon, until the cause shall be finally submitted to them. (See “ Jurors.”’) (This s. would appear to repeal s. 20, ord. 26, 46. See also ord. 18, ’71, s. 1.) §. 39 incorporates ords. 27,'46; 3, 47; 17, 51, and this ord. Witnesses. As to evidence generally, and as to children, heathen, immi- grants, etc., being witnesses, see pp. 12-15. On all trials by indictment before the Court of Justice in these Colonies the same principles and laws of evidence which are at present, or which shall hereafter be, in use on criminal trials before Courts of Justice in England, and no other, shall ORD 2, '47 8 5 Special Jury may be had on motion. S 6 Qualifica- tion, striking, ete. ORD 19, '46 S 10 Costs. ORD 1, ’563 $ 37 Jury may be per- mitted to sepa rate if they have not been charged, ORD 27, ’29 § 1 Evidence on criminal trials. ORD 65, ’31 S$ 1 Vivd voce, etc. ORD 27, 746 8 75 The Sub- pend. S$ 76 How issued. Non-appear- ance of witness, $77 How served. How returned. ORD 14, ’49 5 9 Subpend, how obtained by prisoner. $10 How served. 90 SUPREME CRIMINAL COURT. ‘[pRocEDURE. hereafter be in force and used on criminal trial in these Colonies. Upon the trial of any criminal action or prosecution in the Sup. Court, the evidence of all witnesses shall be delivered vird-voce in open Court, in the presence of the accused or his or their advocates or agents. Such witnesses shall, in open Court, be liable to cross-examination. No written deposition of any witness shall henceforth be admitted by the said Court on the trial of any criminal action or prosecution, excepting only in those cases in which by law and practice in England the written deposition of a witness may be admitted by any Court in the trial of any indictment for any treason or felony. Whether for the prosecution or for the prisoner, all witnesses shall be summoned by writ of subpend (D), in the name of the Queen, tested in the name of the Chief Justice. The Reg., at any time, on being furnished with particulars (for prosecution or defence), shall prepare and deliver to the Marshal for service a writ or writs of subpend, together with as many copies thereof as there may be witnesses named in such writ or writs. On application for postponement by reason of the absence of any witness, evidence must be adduced of all due and necessary diligence to secure the attendance of such witness, if it shall appear that no subpend to such witness was served in time to enable him to attend on the day of trial. The Marshal shall with all diligence serve a copy of such writ of subpend upon every witness named in such writ, or at the last known place of his abode, and note every such service with the date thereof upon the original writ of subpend, and shall forthwith return the original writ into the office of the Reg. with a certificate thereon endorsed and subscribed, as to the service or non-service thereof, as the circumstances of the case may require; and in all cases, the return of the Marshal duly certified as aforesaid, shall be received and taken prima Jacie as sufficient evidence of the facts in such return. A writ of subpwnd is to be supplied to any person to be tried before a Sup. Court for any crime other than treason or capital felony, by the Clerk of Court, or Reg. (who shall insert in the margin of such writ the name of the person obtaining it), on payment of $1 for each writ service on the witnesses, at such person’s own expense, and making of the copies to be served to be done by the P. Marshal, or one of his ordinary Marshals, at a charge of 50c., and, for travelling expenses or distance money, half the fees chargeable by the Marshal under ord. 24, °44: Provided such person, etc., shall deliver in to the Marshal’s office the list of witnesses to be summoned, not later than 4 clear days before the day appointed for his trial. PROCEDURE. | WITNESSES. 91 The Att.-Gen., counsel, prisoner, or defendant shall not be required to file any list of witnesses or of documentary evidence, but may examine any competent witness, though not subpwnded (right of any person indicted for treason or misprision of treason to a list of witnesses not to be affected). Lf any witness duly subpanded shall neglect or refuse to attend, not being prevented by sickness or other disability (proved to the satisfaction of the Court), or shall attend and refuse to give evidence— A warrant of apprehension on the motion of the Att.-Gen. or public prosecutor shall be issued by the Court against such witness, by virtue of which the Marshal shall apprehend such witness and bring him up, in his custody, at the expense of such witness, to the Court, and such witness shall be subject to a fine not excdg. $96, and to impr. until such fine be paid, not excdg. 30 days. The Court shall have full power and authority during any part of the proceedings, or after the case has been closed on both sides, to call up and examine any witness who shall have been produced before the Court in the course of the trial. In every case where any person bound by recognizance (or for whose appearance any other person shall be bound), or subpended as a witness in felony or misdemeanor, shall therein make default, the Reg. shall preparo a return in writing (speci- fying particulars) distinguishing principal from sureties, and stating the cause, if known, why each person has not appeared ; and shall, on the last day of the session, lay such return before the Court, and the Court shall, on the application of the Att.- Gen., or any party on whose behalf any such witness was subpaended, make such order touching the enforcing any such recognizance, or fining any such witness, as shall appear just ; and the Reg. shall thereupon copy on a roll all fines, forfeited recognizances, and sums of money, on account thereof, imposed by the Court, or forfeited, and within 3 days after the last day of the session send a copy of such roll with a writ (E) to the Marshal, as his authority to proceed to the immediate levying and recovering of such fines, forfeited recognizances, or sum or sums of money, on the goods and chattels of such several persons, or for taking into custody the bodies of such persons, in case sufficient goods and chattels shall not be found whereon levy can be made for recovery thereof; and every person so taken shall be lodged in the common jail until the next sitting of the said Court, there to abide the judgment of the said Court, unless in the meantime such fine, forfeited recognizance, or sum of money shall be paid. The C. J. or any other Judge, or any Sup. Crim. Court (while sitting or within 24 hours after), may direct any person exa- mined as a witness upon any trial before him or them, to be ORD 27, ’46 S 78 List of witnesses. S 79 Subpend disobeyed. $ 68 Recall. & 90 Process to enforce 2 payment of fines on forfeited recognizances. 5 89 When Judge or Court way order prose- cution for per- jury. ORD 27, 46 ORD 14, '49 _8 4 Remunera- tion to wit- nesses. ORD 17, 52 § 5 Travelling expenses, 92 SUPREME CRIMINAL COURT. [PROCEDURE, prosecuted for the offence of perjury, in case there shall appear to him or them a reasonable cause for such prosecution, and that it sball appear to him or them proper so to do; and to assign the party injured, or other person undertaking such pro- secution, counsel, who shall and are hereby required to do their duty without any fee, gratuity, or reward for the same, and every such prosecution, so directed as aforesaid, shall be carried on without payment of any tax or duty, and without payment of any fees in Court, or to any officer of the Court who might otherwise claim or demand the same; and the Reg. or other proper officer of the Court who shall be attending when such prosecution-is directed, shall, and is hereby required without any fee or reward to give the party injured, or other person undertaking such prosecution, a certificate of the same being directed, together with the names of the counsel assigned by the Court, which certificate shall in all cases be deemed suffi- cient proof of such prosecution having been directed as aforesaid: Provided that no such direction or certificate shall be given in evidence upon any trial to be had against any person upon a prosecution so directed as aforesaid. In every case in which witnesses shall be summoned for the prosecu- tion, and in every case of treason or capital felony in which witnesses shall be summoned for the defence, the rate of remuneratign to be paid to every such witness, for attending on any trial for which/he shall have been summoned as aforesaid, or on which he shall atte shall be, and the same is hereby declared to be as follows (by ord, #s, 68, s. 4, ex- tended to witnesses for the defence in any case) :— . ' To each person in the following classes of witnesses, for each day’s attendance on any trial as aforesaid, provided "that such person is not receiving salary or pay as a public officer in this Colony, that is to say :— To a medical man (provided that no medical man residing in G. or New-Am., and summoned to attend at the Court held in the city or town in which he resides, shall be paid for any other day than the day or days on which the case in which he is summoned is tried) . $5 (0 To each person qualified to. serve, ‘or legally exempted from serving as a juror in criminal cases, and to each person being the wife of any person so qualified or exempted .. 20 To each manager, overseer, storekeeper, clerk, master tradesman, or master mechanic, not being qualified to act as a juror as aforesaid, and to each person being the wife of any such person 1 0 To each agricultural labourer, sailor, domestic servant, ordinary tradesman, or ordinary mechanic, and to each person ‘being the wife of any such person, and to each person not eras in any of the above classes... . ve 0 82 To each person between the ages of 6 and 14. years | on . 016 No other remuneration unless it shall be made to appear to the satis- faction of the Clerk of Court or of the Reg. that a witness has incurred, or will incur, expenses for travelling to and from the Court, in which case he is allowed expenses, not to exceed the rates to jurors. (See “ JURORS”) PROCEDURE. | THE TRIAL. 98 The Clerk of the Crim. Qourt, Reg., or other taxing officer, shall not allow to any witness any fee or remuneration for his attendance on any t day prior to the day appointed for the trial of the case in which such witness shall be required or summoned. _ Every interpreter shall be allowed such remuneration as may be con- sidered fair and reasonable by the Clerk of Court, or by the Reg., not excdg. the sum of $4 perdiem, (See Introd., “ INTERPRETERS,” p. xiii.) All accounts of such jurors, witnesses, and interpreters shall be duly taxed, free of cost, by the Clerk of Court, or the Reg., and paid by the Rec.-Gen, (8. 8.) The Trial. Every prisoner shall be arraigned in such manner and form as is usual in criminal trials in England, and if any person being arraigned upon, or charged with any indictment or in- formation for treason, felony, or misdemeanor, shall stand mute of malice, or will not answer directly to the indictment or information, in every such case the Court shall order the proper officer to enter a plea of not guilty on behalf of such person, and the plea being so entered shall have the same force and effect as if such person had actually pleaded the same. To any indictment filed with the Reg., the accused may at any time, not less than 2 complete days before the day of trial, plead in writing any matter of law or fact (which he could do in England), whereupon the Att.-Gen. or counsel for the prose- cution, may, at any time before trial, join in demurrer or demur, or reply as he may see fit, or the prisoner may plead the general issue, ore tenus, on being arraigned. No plea setting forth any attainder shall be pleaded in bar of any indictment, unless the attainder be for the same offence as that charged in the indictment. Every plea shall be entered on the back of the indictment, or annexed to the indictment, and shall with the indictment be kept and preserved in the Reg.’s office as of record, and shall be held and considered to be a record of the matters therein contained. If any person being arraigned upon any indictment for treason, felony, or misdemeanor, shall plead thereto a plea of not guilty, he shall by such plea, without any further form, be deemed to have put himself upon the country for trial, and the Court shall order a jury for the trial of such person accordingly ; and that if any such person shall plead guilty, such plea shall be entered as aforesaid, and the Court shall pass such sentence on such person as shall be agreeable .to law. In any plea of autrefois convict or autrefois acquit it shall be sufficient for any defendant to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the indictment. 8 ORD 14, '49 § 2 Waiting ‘or trial, ORD 17, 52 S 2 Interpre- ters. ORD 14, ’49 S$ 7 Accounts, how taxed. ORD 3, '47 8 5 Arraign- ment and plea of prisoner, ORD 27, 46 § 50 Prisoner to plead two days before sessions. S 51 Plea of attainder. ORD 3, 47 §$ 7 Plea to be entered on back of indictment. S 6 Plea of not guilty. ORD 1, ’53 S 29 Plea of autrefois convict or acquit. ORD 11, ’70. $ 6 Venue. ORD 1, '53 S$ 27 How formal defects to be taken. S 28 Postpone- ment of trial. ORD 27, 46 S 55 Abate- ment of the indictment. § 62 Amend- ments of variances, 94 SUPREME CRIMINAL COURT. [ PROCEDURE. Sup. Court or any Judge, upon motion on behalf of the Crown, or of any prosecutor, prisoner, or defendant in any prosecution, information, or cause, and upon sufficient ground shown to the satisfaction of the Court or Judge may order the trial to take place in any county; and all recognizances, bailments, sub- pends, and proceedings in or relating thereto shall thereupon be deemed to be returnable, and shall, by virtue of such order, be transferred and returned into the County, and all witnesses summoned to attend the trial shall attend in the County in which such trial shall be ordered to be heard, and any final sentence, judgment, or order, in such prosecution or cause, shall be carried into execution in such County or place as the Court or Judge before which the trial shall be heard shall direct. Every objection to an indictment for any formal defect ap- parent on the face thereof shall be taken, by demurrer or motion to quash such indictment, before the jury shall be sworn, and not afterwards; and every Court before which any such objec- tion shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the Court or other person, and thereupon the trial shall proceed as if no such defect had appeared. No person prosecuted shall be entitled to traverse or post- pone the trial of any indictment against him: Provided always, that if the Court, upon the application of the person so indicted or otherwise, shall be of opinion that he ought to be allowed a further time, either to prepare for his defence or otherwise, such Court may adjourn the trial of such person to the next subsequent session, upon such terms as to bail or otherwise as to such Court shall seem meet, and may respite the recognizances of the prosecutor and witnesses accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence at such subsequent session without entering into any fresh recognizance for that purpose. No indictment or information shall be abated by reason of any dilatory plea of misnomer or of want of addition, or of wrong addition of the party offering such plea, if the Court shall be satisfied by affidavit or otherwise of the truth of such plea, but in such case the Court shall forthwith cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall pro- ceed as if no such dilatory plea had been pleaded. Every Sup. Court, if it shall see fit so to do, may cause the record on which any trial may be pending before any such Court in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing PROCEDURE. | THE TRIAL. 95 or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court, on payment of such costs (if any) to the other party as such Court shall think reasonable, and thereupon the trial shall proceed as if no such variance had appeared; and in all such cases the order for the amendment of the record shall be forth- with ihdorsed on such record by the officer of the Court by whom it is made, and thereupon such record shall be amended accordingly. If on or after the conclusion of the trial of any accused person the Court shall be of opinion that the indictment is so defective that no sentence or judgment finding the accused guilty can be founded thereon, such indictment shall be quashed, and the Att.-Gen. shall, if the Court so direct, prefer another indictment at the same criminal session ; and if on the trial of any accused person it shall appear to the Court that such person is not guilty of the offence charged, but according to the evidence given ought to be tried for some minor offence, the Court shall (if it see fit) publicly direct an indictment to be entered by the Att.-Gen. at the same criminal session for such minor offence to which such accused person shall plead when called on at such criminal session, without further notice. Every prosecution at or before any session of the Sup. Court shall be in the name of the Att.-Gen., and every indictment shall be filed with the Clerk of Court; and a copy of such indictment, except an indictment preferred by an order of the Court as directed in s. 81 hereof (p. 101), shall, 8 clear days at the least before the actual day of trial (to be reckoned from the day of service, and not from the commencement of the session), be made and delivered to the accused by the Clerk, or left by him at the place appointed and expressed for that purpose in the condition of the recognizance entered into by the accused. 8. 38 provides a form of indictment. Whenever the Court shall order another indictment to be preferred at the same session for the same offence, or for a minor offence, the accused shall not be entitled to have a copy served upon him for a longer period than 24 hours before arrangement on such other indictment, to which he shall demur or plead, or otherwise proceed according to Law instanter. Whereas offenders frequently escape conviction on their trials by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case: And whereas such technical strictness may safely be relaxed in many in- stances, so a8 to insure the punishment of the guilty, without depriving the accused of any just means of defence: And whereas a failure of justice often takes place on the trial of ORD 27, '46 § 65 When indictment quashed. Or again pre- ferred. ORD 1, '63 $ 35 Copy of indictment to be served 8 days before day of trial. $ 32 Service of indictment preferred by Court. Preamble, ORD 1, ’53 $ 1 Variances not material to the merits. Amendment, (1) Trial to proceed, Order of amendment. (2) Trial post- poned. 96 SUPREME CRIMINAL COURT. [PROCEDURE. persons charged with felony and misdemeanor by reason of variances between the statement in the indictment on which the trial is had and the proof of names, dates, matters, and circumstances therein mentioned, not material to the merits of the case, and by the misstatement whereof the person on trial cannot have been prejudiced in his defence : Whenever on the trial of any indictment for any felony or misdemeanor there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof, in the name of any county, division, city, borough, town corporate, parish, township, or place mentioned or de- scribed in any such indictment, or in the name or description of any person or persons, or body politic or corporate, therein stated or alleged to be the owner or owners of any property, real or personal, which shall form the subject of any offence charged therein, or in the name or description of any person or persons, body politic or corporate, therein stated or alleged to be injured or damaged, or intended to be injured or damaged, by the com- mission of such offence, or in the Christian name or surname, or both Christian name and surname, or in any name or names, or other description whatsoever, of any person or persons whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, or whenever in any indictment there shall appear a variance between the words used in such indictment and the words used in an ord. to define a crime or public offence, it shall and may be lawful for the Court before which the trial shall be had, if it shall consider any of such variances not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according to the proof, by some officer of the Court or other person, both in that part of the indictment where any such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms, as to postponing the trial to be had before the same or another jury, as such Court shall think reasonable. After any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred; And in all cases the order for the amendment shall either be indorsed on the indictment, or shall be filed, together with the indict- ment, among the records of the Court: Provided that in all such cases where the trial shall be postponed as aforesaid, it shall be lawful for such Court to respite the recognizances of PROVEDURE. | THE TRIAL. 97 the prosecutor and witnesses and of the defendant, and his surety or sureties, if any, accordingly, in which case the prose- cutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the defendant shall be bound to attend to be tried, at the time and place to which such trial shall be postponed, without entering into any fresh recogni- zances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute or give evidence at the time and place to which such trial shall have been so postponed : Provided also, that where any such trial shall be to be had before another jury the Crown and the defendant shall respectively be entitled to the same challenges as they were respectively entitled to before the first. jury was sworn. Every verdict and judgment which shall be given after the making of any amendment hereunder shall be of the same force and effect in all respects as if the indictment had originally been in the same form in which it was after such amendment was made. Tf it shall become necessary at any time for any purpose whatsoever to draw up a formal record or give off copies in any case where any amendment shall have been made here- under, such record shall be drawn up or copies made in the form in which the indictment was after such amendment was made, without noticing the amendment. And whereas offenders often escape conviction by reason that such persons ought to have been charged with attempting to commit offences, and not with the actual commission thereof, for remedy thereof be it enacted that if, on the trial of any person charged with any felony or misdemeanor, it shall appear to the jury upon the evidence that the defendant did not com- plete the offence charged, but that he was guilty only of an attempt to commit the same, such person shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same, and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit the particular felony or misdemeanor charged in the said indict- ment ; and no person so tried as herein lastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was so tried. If upon the trial of any person for any misdemeanor it shall appear that the facts given in evidence amount in law to a felony, such person shall not by reason thereof be entitled to be acquitted of such misdemeanor ; and no person tried for ORD 1,’53. Respite of Tecogs, Case of a new jury. S 2 Verdict and judgment valid after amendment. S 3 Records to be drawn up in amended. form. § 9 Party indicted for felony or misdm, may be found guilty of the attempt. § 12 Where on trial for misdemeanor offence turns out to be felony, ORD 1, 53 ORD 14, °49 $ 2 Days on which each case is to be tried, ORD 1, '53 $ 20 Power to Justice, etc., to order prosecution for perjury. ORD 27, '46 $ 56 Prisoner’s counsel, 98 SUPREME CRIMINAL COURT. [PROCEDURE. such misdemeanor shall be liable to be afterwards prosecuted for felony on the same facts, unless the Court before which such trial may be had shall think fit, in its discretion, to dis- charge the jury from giving any verdict upon such trial, and to direct such person to be indicted for felony, in which case such person may be dealt with in all respects as if he had not been put upon his trial for such misdemeanor (ss. 11 and 13, repd. by ord. 26, ’62). The Att.-Gen. shall appoint the number of cases to be tried on each day of the session, and shall cause a list of such cases, and of the days on which he shall appoint the same to be tried, to be transmitted to the Clerk of Court in Dem., or Reg. in Berbice, who shall forthwith cause a copy of the same to be delivered to the Judge who is to preside at the session, and a copy to be put up in the lawyers’ room, next to the Court-Hall, in which such session is to be held, and the Att.-Gen. shall summon such witnesses as heis bound to summon in each case for the day so appointed and following days, and that every case so appointed to be tried on a particular day, if not post- poned to the next session, shall not be tried before that day, but shall be tried on that day or any of the following days: Provided always that the Att.-Gen. or other public prosecutor shall have full power and authority to postpone any trial to some other day than that so appointed as aforesaid, anything herein contained to the contrary notwithstanding. As to who may conduct the defence, etc., see “SUMMARY OFFENCES,’ ’ ord, 4, 72, s, 14, p. 17. Power for the Judges or Judge of any Supreme Crim. Court, or Civil do., or any Js. P., or other Judge, holding any session of the peace, in case it shall appear to him or them that any person has been guilty of wilful and corrupt perjury in any evidence given, or in any affidavit, deposition, examination, answer, or other proceeding made or taken before him or them, to direct such person to be prosecuted for such perjury, in case there shall appear to him or them a reasonable cause for such prosecution, and to commit such person go directed to be prose- cuted until the next session of the Supreme Crim. Court or jail delivery for the County or other district within which such perjury was committed, unless such person shall enter into a recognizance, with one or more sufficient surety or sureties, conditioned for the appearance of such person at such next session of such Court or jail delivery, and that he will then surrender and take his trial, and not depart the Court without leave. The party accused, or prisoner, shall be allowed at any stage of the proceedings to have counsel, PROCEDURE. | THE TRIAL. 99 ORD 27, '46 The Att.-Gen. or counsel for the prosecution shall be heard in support of the prosecution, and the witnesses for the prose- opséding cution shall then be called and sworn and examined, cross-ex- amined, and re-examined according to the practice of the Courts of England in the like cases; and when the case shall be closed on the part of the prosecution the accused. or his counsel shall be heard in his defence, and may thereafter examine witnesses, who shall be sworn, examined, cross-ex- amined and re-examined in like manner as the witnesses in support of the prosecution ; and when the case on the part of the accused is closed, the Att.-Gen. or counsel for the prose- cution shall be heard in reply. On the arguments of counsel being closed, the Judge shall, s 64 The from the notes which he shall have taken during the trial, sum °™™™ "8 ™P- up the evidence and charge the Jury, and the Jury shall there- upon proceed to consider of their verdict, and shall return either a general or special verdict. Where any person shall be convicted by the verdict of the s 66 Judg- Jury, or on his own confession, the Court shall in all cases ment .mnen before passing judgment direct the Registrar to require and ask if such offender hath anything to offer why judgment should not be awarded against him, and in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the Court shall immediately after con- viction, or at any time during the same session, pronounce judgment, and sentence the prisoner to undergo such punish- ment as the Court shall see fit. Where any defendant shall when post- be brought up for judgment on any indictment for misdemeanor, °° affidavits may be read, and Counsel may be heard in support of the prosecution and on behalf of the defendant; and the Court, if it shall see fit, shall postpone its judgment, and order the defendant to be discharged on entering into security by recog- nizance to appear and receive judgment whenever he shall be ordered to be brought up for that purpose. Nothing herein _ Crown Cases contained shall prevent the Court from reserving the considera- Reed. tion of any question of law arising upon any criminal trial, and for making order for the suspension or arrest of the judgment or sentence of the Court until the decision of such question -of law, which shall be adjudged and determined by the Court, composed of all the Judges (or two of them; the Court not being obliged to pronounce judgment on any prisoner during the same session in which such prisoner shall have been con- victed—ord. 14, ’69, ss. 8, 10). Issues of Law between the Crown and any person indicted _ § 57 Issues of for treason, felony, or misdemeanor, to be tried and determined *”- according to the Law of England. All questions of form and practice on criminal “trials, poe ns of forms. ORD 27, 46 S 67 Defects after verdict. $ 68 Inform- ality after verdict. § 72 Attain- der. S$ 71 Execu- tion of sentences. 100 SUPREME CRIMINAL COURT, [PROcEDURE. not herein provided for, to be as nearly as possible as in England. No judgment upon any indictment or information for any felony or misdemeanor, whether after verdict or outlawry, or by confession, default or otherwise, shall be stayed or reversed for want of the averment of any matter necessary to be proved, nor for the omission of the words ‘‘ as appears by the record,” or of the words ‘ with force and arms,” or of the words “‘ against the peace,” nor for that any person or persons mentioned in the indictment or information is or are designated by a name of office, or other descriptive appellation, instead of his, her, or their proper name or names, nor for omitting to state the time at which the offence was committed, in any case where time is not the essence of the offence, nor for stating the time imper- fectly, nor for stating the offence to have been committed on a day subsequent to the filing of the indictment or exhibiting the information, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venire where the Court shall appear by the indictment or information to have had jurisdiction over the offence. No judgment after verdict upon any indictment or information for any felony or misdemeanor shall be stayed or reversed for want of a similiter, nor by reason that the jury process has awarded to a wrong officer upon an insufficient suggestion, nor for any misnomer or misdeseription of the officer returning such process, or of any of the jurors, nor because any person has served upon the jury who has not been duly returned as a juror; and that where the offence charged has been created by any ord., or subjected to a greater degree of punishment, the indictment or information shall, after verdict, be held sufficient to warrant the punishment prescribed by any ord., if it deseribe the offence in the words of the ord. Every judgment on any person convicted of treason, murder, or felony, shall operate by way of attainder of such person as in England ; but no attainder shall corrupt the blood or forfeit the lands and tenements, and no conviction shall forfeit the goods and chattels, of any person so attainted or convicted. The judgment or sentence shall be carried into execution at such time and place as the Court shall appoint, and the indict- ment and all the proceedings as herein directed to be entered in the said book shall be publicly read as heretofore at the time and place of the execution of each capital sentence; but the time or place of execution shall not be held an essential part of any sentence of death, so as to render any such sentence spent or vacated by reason that such offender was not executed at the time or place appointed by the Court. (Ord. 14, ’65, 8. 7, p. 103.) PROCEDURE. | PUNISHMENT. 101 Punishment. Whenever any person shall be convicted of any one of the offences following, as an indictable misdemeanor, viz., any cheat or fraud; any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert, or defeat the course of public justice ; any escape or rescue from lawful custody on a criminal charge ; any public and indecent exposure of the person (ord. 26, 62) ; any public selling, or exposing for public sale or to public view of any obscene book, print, picture, or other indecent exhibition ; it shall be lawful for the Court to sentence the offender to be imprisoned for any term now (1853) warranted by law, and also to be kept to h. 1. during the whole or any part thereof. Every person convicted of any misdemeanor for which no punishment has been prescribed by any ord, in force in this Colony, shall be punishable under this ord., 7.¢., impr., with or without h. 1., not exedg. 2 yrs. When any person shall be convicted of any felony, not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the Court, to be sentenced to p. 8. for life, or for not less than 7 yrs., or to be imprisoned for any term not excdg. 4 yrs.; and in any indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the previous felony; and such proceedings, proof and evidence, shall be taken, had, and followed as prescribed by s. 104 of ord. 22, '62 (‘‘Larceny’’), in the case of a similar indictment thereunder: Provided that nothing herein contained shall in any way affect ord. 22, ’62 (‘‘Larceny’’), or ord. 24, '62 (‘‘ Coinage”). By s. 16, the ‘previous felony’ may have been committed before the passing of the ord. Every person convicted of any felony (for which no punish- ment is specially provided) shall be deemed to be punishable under this ord., impr., with or without h. 1., not excdg. 3 yrs. After sentence for felony (on a person already imprisoned under sentence for another crime), for the subsequent offence, to commence at the expiration of the first impr. another sen- tence, either of impr. or of transp., for the subsequent offence to commence at the expiration of impr. or transp. for first offence, is good, although the aggregate term of impr. or transp. respectively may exceed the term for which either of those punishments could be otherwise awarded. ORD 1, ’53 S 30 For cer- tain indictable misdemeanors. S$ 31 Punish: ment for misdm. for which none is prescribed. ORD 4, '72 S$ 3 Punish- ment for second conviction for felony. Indictment for ditto. ORD 27, '46 S 80 Cases of felony not other- wise provided for. S 84 Consecu- tive terms, ORD 27, '46 $ 93 Commu- tation of trans- portation. § 94 Prison discipline. ORD 17, ’61 $ 3 Execu- tioner. 8 12 Jails. ORD 14, ’65 S$ 2 Commuta- tion of sentence of death. $ 8 Condi- tional pardon. Subsequent conviction. § 4 Record. 5 9. S 6 Certified copies, 102 SUPREME CRIMINAL COURT. [PROCEDURE. (Ss. 85 and 86 are repealed by ord. 26, ’62—repealing ord. ee hereunder punishment on conviction of felony is trans- portation for life or years, power for Crown or Gov. in the name and on behalf of the Crown to direct p. s., in lieu of trans- portation, with h. 1, for any term not exedg. the original term of transportation. Every offender, whose punishment of transportation shall be commuted as aforesaid, shall submit to all the discipline, rules, and regulations of the prison. The execution of the sentences of said sessions in each of said Counties, shall be carried into effect by such officer as his Excellency shall be pleased to appoint. Any person convicted and sentenced to jail shall be imprisoned in any of the jails of said Counties, respectively, and shall be dealt with as usual. ’ The Gov. may commute any. sentence of death for any offence, by warrant under his hand and the public seal of the Colony, into p. 8s. for life, or for aterm of years; and such warrant, when recorded and indorsed (s. 4), shall be effectual and carried into execution as if it had been a sentence and order of p. s. made by the Sup. Court. When the Gov. shall, to any offender convicted of any felony by warrant under his hand and seal-at-arms countersigned by the Gov. Sec. or Ass. G. 8., grant a conditional pardon, the performance of the condition shall have the effect of a pardon under the public seal of the Colony of such offender as to the felony for which such pardon shall be so granted. The Gov. may annex to such pardon any condition or conditions which may be annexed to any pardon granted by H. M. in the U. K. No conditional pardon, nor the performance of the condition thereof, in any case aforesaid, shall prevent or mitigate the punishment otherwise lawful on a subsequent conviction for any other felony. The Clerk of the Court shall, on the direction of the Gov., record every such pardon and every such warrant in a book to be kept by him for that purpose, and indorse every such pardon and warrant with the word ‘‘recorded”’ and with his signature, and every such pardon and warrant, when so recorded and in- dorsed, shall forthwith be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, officers, and others, on production thereof, to take notice of and to give effect to the same. Clerk on direction of Gov. to furnish ex- tracts, copies, and returns (s. 9). A copy of such record certified under the hand of the Clerk shall be evidence of such pardon, or warrant, without proof of the signature of the said Clerk. No fee or gratuity shall be PROCEDURE. | PUNISHMENT. 108 payable by the person in whose favour such pardon or warrant shall be granted. On conviction of felony not punishable with death, endurance of the punishment adjudged to operate as a pardon, but not to prevent or mitigate any punishment on a subsequent conviction for any other felony. Nothing shall be held to constitute either the time or place of execution an essential part of any sentence of death pronounced by the Sup. Crim, Court upon any offender convicted of any offence punishable with death, so as to render any such sentence spent or vacated by reason that such offender was not executed at the time or place appointed by the Court. 8. 8 refers to conditional pardons at the time of the passing of the ord., and is not prospective. ORD 14, ’65 S 6 Effect of punishment endured. 8S 7 Time and place of execu- tion. 88. JURORS. CONTENTS. Qualification - . Ord. 26, ’46—s. ” . . ” ts "47 —=s, Lists ‘ ‘ ~ 5, 26, ’46—s. i ‘ - - 59, 17, ’51—s. spa ‘é 5 - 5, 17, ’52—s. ee é , » 35, 26, ’46—s. ie ls ‘ : » 5, 11, ’70—s. se ia ‘ i 45, 26, ’46—s. a ‘ ‘ » y 17, ’51—s. Jurors’ Books . - 4, 26, ’46—s. 55 45 i - 3 17, '51—~s. - + ‘ a) gs 2, "47—s. Summoning ; + 5, 17, ’52—s. es ‘ - 9, 26, ’46—ss. 11, 12. ye : - 5, 17, ’52—s, 4. 3 ‘ » 9 4, ’72—s. 7. Panels ‘ ‘ » 5, 12, "7O—s. 3. i é 7 - y 4, °72—s. 5. Drawing. ‘ - 5, 26, ’46—s, 1 Challenges . ‘ >. Ge » —ss. 14, 15. Be ie se i : ‘ ; ; Penal Clauses. oo R5 26, '46—ss. 16, 17. Jurors’ Oath Sy Me » —s. 18. A Foreman Aas » —S. 19. Separation, Discharge, ete. ,, >» «8. 20. Remuneration . » 5, 17, 752—s, 3. 33 ‘ - 5, 14, ’49—s. 8. i ‘ » 5, 18, 71—s. 2. Special Jurors. - 4, 19, 46—ss. 6, 12, 7, 8,9, 11. JURORS. Every man, except as hereinafter exempted, between the ages of 21 and 60 years, residing in B. G., and born in the allegiance of H. M., or who, being born out of such allegiance, shall have resided in B. G. for the space of 5 years, and who shall have, or be beneficially entitled to for his own use and benefit, either in his own name or in trust for him within the same Colony, $96 by the year above reprises in any immovy- able property, or in rents, or other annual profits or proceeds issuing out of such immovable property, either in perpetuity or for the life of himself or some other person; or who shall have, within the same Colony, for his own use and benefit, either in his own name or in trust for him as aforesaid, $192 by the year above reprises in immovable property, held by lease or leases, for the absolute term of 21 years, or some longer term, or for any term of years determinable on any life or lives, or who, being a householder, shall be rated or assessed to any direct tax or impost, or to any rate for the relief of the poor or other local object, on a value of not less than $192 per ann., or who shall occupy a house of the annual value of $192, or who shall be in the receipt of any annual salary of not less than $720 by the year, shall be qualified and shall be liable to serve as a juror within the meaning and for the purposes of this ord. All members of the C. of P., Judges, the Govt. Sec., Ass. Govt. Sec., and clerks in the Govt. Sec.’s office, salaried Mags., and clerks of the peace, clergymen, ministers, priests, persons who shall teach or ‘preach in any congregation of Protestant dissenters, and who shall follow no secular occu- pation, schoolmasters and catechists; doctors of law, advocates, counsel and barristers, attorneys-at-law, solicitors and proctors (actually practising), officers of the said courts, jailers and persons actually employed by or under them in the custody of prisoners ; physicians, surgeons and apothecaries (actually ORD 26, °46 S 4 Qualifica- tion. Exceptions, ORD 26, ’46 ORD 7, ’47 81. ORD 26, °46 84. S$ 5 Lists of persons quali- fied. ORD 17, ’61 $ 5 Separate lists, ORD 17, ’62 § 6 Publica- tion of lists, ORD 26, ’46 $6. ORD 11, ’70 85. ORD 26, ’46 8 7 How lists revised, 108 JURORS. [PROCEDURE. practising); officers in H. M.’s navy or army on full pay, pilots duly licensed, officers of customs, aidwaiters, deputies or assistants to the Marshal or other executive officers of the Courts of justices (including the Sworn and other clerks in the Reg.’s offices), the Rec. Gen., Ass. Rec. Gen., and clerks; the Admins. Gen. and clerks, the Financial Accountant and clerks, the I. A. G., Sub. I. A., and the harbour-masters of the ports, and members of the college of electors and members of the college of financial representatives. No man convicted of any treason or felony, or any crime that is infamous, unless he shall have obtained a free pardon, shall serve as juror. The P. Marshal shall, on or before the 1st Sept. of every year, make out in alphabetical order a true list of every man residing within the Counties of Dem. and Ess. and Berbice, qualified and liable to serve as a juror on criminal trials, with the requisite particulars, and shall, on or before the Ist Oct. in each year, cause a true and correct copy of such list, certified under his hand, to be furnished to the Regs. of Dem. and Ess. and Berbice. The P. Marshal, within 5 days after the close of the sessions, held on the 4th Tuesday in Jan. 1852, shall make out from the list of jurors for the counties of Dem. and Ess., a separate list of jurors for the county of Dem. and also for the county of Ess. The Clerk of Court and Reg. of Berbice, respectively, shall, within 7 days next after the separate lists of jurors, therein specified, for Dem. and Ess., and for Berbice, respectively, shall have been delivered to him, cause the same to be pub- lished in the O. G., and in one or more newspapers in the Colony, and the P. Marshal shall keep at his office in G., and in New-Am., and at the Court-House in Ess., respectively, true copies thereof, to be perused by any person without fee or reward, at any reasonable time during the year for which such separate lists shall have been made up, to the end that: notice may be given of men qualified who are omitted, and of men inserted who ought to be omitted from such lists. (This s. renders the insertion of s. 6 of ord. 26, ’46 unnecessary.) The lists of jurors for each of the said three counties shall be separately prepared and corrected as theretofore. By ord. 17, ’51, s. 7, the separate lists for each county are treated as laid down in ord. 26, 46, 5. 7, for the combined lisis. ; One of the Judges of the Sup. Court shall sit for the pur- poses hereinafter mentioned in G. and in New-Am. respectively, on some day between the Ist Oct. and the 1st Dee. of every year, in which such lists shall be made out, such days appointed by the C. J., sittings notified by the Reg. in the O, G. and in PROCEDURE. | JURORS. 109 one or more newspapers ; and each Reg. shall at such sitting produce the list of the men liable and qualified to serve as jurors, so returned to him ; and the Judge, upon the oath of a party complaining or other proof that he is not qualified and liable to serve on juries, may strike out his name and also the names of men disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body ; and also on application, the name of any man, although otherwise qualified and liable, unable to read and write English. The Judge may insert in such list the name of any man omitted, and reform errors or omissions in respect of name, place of abode, title, quality, calling, business, or nature of the qualification, but not unless upon the application of the man, or unless the man shall have had notice of application for such purpose, or unless the Judge shall cause notice to be given to the man, requiring him to show cause, at some adjournment (within 10 days thereafter), why his name should not be inserted in such list, or why an error or omission in the description of such man in such list should not be reformed. Such list when duly corrected shall be allowed and signed by the Judge, and each Reg. shall cause notice of all amendments in such lists to be forthwith published in the O. G., and in one or more news- papers, and shall cause a copy of all such amendments to be delivered to the Marshal, and such Marshal shall correct his original lists. The Reg. of Dem. and Ess. shall keep the corrected lists for said counties, and shall cause the same to be copied in ‘‘ The Dem. and Ess. jurors’ book in criminal cases” (and in like manner the Reg. of Berbive, etc.), and a copy of every such jurors’ book shall be lodged with the P. Marshal, who, between the 1st Dec. and the 1st Jan. of every year, shall regulate the said books respectively by striking out the names of the jurors who are above the age of 60 years, or die or depart from Dem. and Ess. and Berbice respectively, and inserting the names of all male persons in Dem. and Ess. and in Ber- bice respectively, who shall become qualified for jurors as aforesaid. (This s. is impliedly repealed by the next). The Reg. shall keep such separate lists, and all corrected lists, and shall cause the same to be fairly and truly copied in “ faulters. Accounts, Failure to account, etc, Summons, Commitment— till delivery. Distress. In default, commitment. In case of in- tention to ab- scond, Warrant. Liability of surety. $ 23 Offensive fluids and pig- styes, 138 MAGISTERIAL LAW. or shall, under colour of his office or employment, exact, take, or accept any fee or reward whatsoever, other than his proper salary, wages, or allowances— Incapacity of office hereunder, and fine of $240—Infr. Cr. Court—in default, impr. for 6 cal. m. Officers or servants to give security, and if employed in the collection of rates, within 7 days after he shall have received any moneys, to pay over the same to the L. B., and, when required, deliver a list of all persons who have neglected or refused to pay. Every officer and servant appointed or employed by, or acting under the said B., shall respectively, when and as required by B., make out and deliver to them a true and perfect account in writing of all moneys expended by him for the pur- poses hereof, and stating how, and to whom, and for what purpose such moneys have been disposed of, and shall, together with such account, deliver the vouchers or receipts, for all pay- ments made by him, and pay over to the B. all moneys owing by him upon the balance of accounts. If any such officer or servant fail to render such account, or to produce and deliver up such of the said vouchers and receipts as may be in his possession or power, or to pay over any such moneys as aforesaid, or if for the space of 5 days after being thereunto required he fail to deliver up to the said B. all papers and writings, property, effects, matters, and things, in his possession or under his control, relating to the execution of this ord. or belonging to such B.— Then a J. P. shall, on complaint, summon the party charged to appear before 2 Js. P., and upon appearance, or upon proof of service, if it shall appear that he has failed to render accounts, or to produce and deliver up vouchers, etc., and still fails or refuses so to do, they may commit the offender to jail (without bail) until he shall have rendered such accounts and produced and delivered up all such vouchers, etc., in respect of which tae charge was made. And if it appear that the party charged has failed to pay over any such moneys as aforesaid, and that he still fails or refuses so to do, they may cause the same to be levied by distress, and in default of sufficient distress commit to jail (without bail) for 3 months, unless such moneys be sooner paid. If the complainant, by deposition on oath, show to the satisfaction of any J. P. that there is probable cause for believing that the party charged intends to abscond, such J. P. may, without previous summons, grant a warrant; and in such case the said party shall, within 24 hours after apprehension, be brought before the same or some other J. P,, who may order that he be discharged from custody, if such J. P. think that there is no sufficient ground for deten- tion, or that he be further detained until he be brought before two Js. P. at a time and place to be named in the order, unless bail to the satisfaction of oe J.P. be given for the appearance of the party before such two Js, P. No such proceeding shall be construed to relieve or discharge any surety of the offender from any liability whatsoever. If the occupier of any inhabited or the owner of any unin- BOARDS OF HEALTH. 139 habited house within any town or village shall wilfully or negli- gently suffer any offensive fluid to remain in any place beneath or adjoining to such house ; or, if any person shall allow the contents of any water-closet, privy, or cesspool to overflow upon the surface of the ground; or, if any person shall keep any pig-stye in an offensive state so as to be a nuisance, and complaint thereof be made to the L. B. by any Insp. of Nuisances— Fine on such owner, occupier, or ee after the expiration of 48 hours’ notice to abate same (to be served as in s, 73), not excdg. $5, besides $2 for every day of continuance; the L. B. to cause the nuisance to be abated, and the expenses and costs to be repaid by the owner, etc., and be recoverable summarily. The occupier of any inhabited or the owner of any uninhabited house within any of the towns or villages shall, at all times, keep the same, and the yards and enclosures thereto attached, clean and clear of filth or decaying or offensive animal or vegetable matters :— Fine, not excdg. $5, recoverable in any case of neglect, after the expira- tion of 48 hours’ notice in writing (to be served as in s, 73). The L. Bs. may make bye-laws, etc., and impose penalties not excdg. $5 for each offence, and $2 per diem of continu- ance after written notice, but the bye-laws must allow of the recovery of less than the full fine. L. Bs. to take care that all drains, etc., are constructed and kept so as not to be a nuisance or injurious to health. A Surveyor may, by written authority of the L. B. (who may grant such authority upon the written application of any person showing that the drain, water-closet, privy, cesspool, or recep- tacle, in respect of which application is made, is a nuisance or injurious to health, but not otherwise), and after 24 hours’ notice in writing to the owner or occupier of the premises to which such drain, etc., is attached or belongs, or in case of emergency without notice, enter such premises, with or without assistants, and examine such drains, etc.; and if the drain, etc., in respect of which such examination is made, be found to be in proper order and condition, he shall cause any damage done to be made good as soon as can be, and the expense thereof shall be defrayed by the B. ; butif upon such examination such drain, etc., shall appear to be in bad order and condition, or to require alteration or amendment, the L. B. shall cause notice in writing to be given to the owner or occupier of the premises upon or in respect of which the examination was made, requir- ing him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works ; and if such notice be not complied with— Fine, on person served, not excdg. $5 per diem in default ; L. B. to execute works and recover expenses summarily. ORD 6, '52 § 24 Houses and lots to be kept clean, SS 25, 26. Bye-laws. § 27 Local Boards to pre- vent nuisances. ORD 6, 52 S 28 Open drains and ditches with offensive filth to be filled up. In case of paupers. § 29 Swine. § 30 Visitation and cleansing of ships and vessels. S 36* Tempo- rary hospitals and house-to- house visitors. 140 MAGISTERIAL LAW. L. Bs. shall cause to be either cleansed or filled up, all pools, open ditches, or places within the towns or villages containing any filth, matter, or thing of an offensive nature, and which may be certified to them by the H. O. or an Insp. of N., to be likely to prove prejudicial to health, and for that purpose shall give notice, in writing, to the person allowing or causing any such nuisance, or to the owner or occupier of any premises whereon the same exists (service as in s. 73), requiring him, within a certain time, to be specified in such notice, to cleanse or fill up any such pool, open ditch, or place, or to construct a proper drain for the discharge thereof :— In default, within the time prescribed, L. Bs. to execute the work and recover expenses summarily. Power for the Bs. upon proof made to their satisfaction of the inability of such party from poverty to defray such expense, to permit the expenses incurred, in the manner last men- tioned, to be defrayed out of the funds at their disposal. No person to keep any pig, hog, or other description of swine in G. or New.-Am., or in any of the villages, at a less distance than 6 yards from any dwelling :-— Fine, on complaint of Insp. of N., not excdg. $5 nor less than $2 per animal. : L. Bs. may empower the H. Officers and Insps. of N., with or without assistants, to enter into and inspect any ships lying in the ports of their respective districts, and to direct that the same be cleared of filth, and, if necessary, be effectually lime- washed or disinfected ; and that the necessary measures may be taken to secure cleanliness and ventilation therein to promote the health of the crew, and that such removal, etc., shall be performed when and as by them determined; in default, the necessary measures shall be taken at the expense of the L. B., such expenses to be recoverable with costs from the master of such ship or vessel, summarily. Power for the H. Officers of G. and New-Am. respectively, to require the H. M. of such port to direct any ship or vessel which shall appear to them to be moored in a position dangerous to the health of the crew, or to the health of the community, to be moored in some other position. The L. Bs. may establish, with the consent of the C. B., temporary places for the treatment of epidemic, endemic, or con- tagious disease, where extreme destitution of the people or other local circumstances may render the removal of the sick from their own habitations necessary ; and also establish tem- porary places of refuge for the healthy during the prevalence of such disease in particular localities ; and also appoint, with * Suspended during the operation of ss. 16, 17, and 18 of ord. 8, °54 (ss, 1-15 expired on 31 Dec, ’54), : BOARDS OF HEALTH. 141 like consent, in the event of the occurrence of any such disease, house-to-house visitors who shall perform such duties and receive such remuneration as the C. B., with the sanction of the Gov., may determine. (Superseded ; see infra.) S. 37* similarly provides for dispensaries, but is super- seded by ord. 8, ’54, 8. 17, infra. Power for the Gov. to establish temporary places for the treatment of epidemic, etc., asin s. 36 of ord. 5, ’52, p. 140. The Gov. and C. of P. may, on the occurrence of any epi- demie, etc., establish dispensaries, provided with medicines and other medical appliances and comforts, to be furnished gratui- tously to parties unable to pay for the same; and may appoint medical men and dispensers to superintend ‘such dispensaries, at such remuneration as the Gov. and C. of P. may determine. Power for the Gov. to empower the H. Officers and Insps. of N. to enter into and inspect any ship lying in any port, river, or creek of this Colony, and, if necessary, to direct that the same be cleared of filth, etc., asin s. 380 of ord. 5, ’52; in default, the necessary measures shall be taken by order of the Gov. ; the expenses incurred in the execution of such directions shall be recoverable with costs from the master or owner of such ship or vessel; and further power for a H. O. to require the Harbour Master to cause any ship or vessel which shall appear to him to be moored in a position dangerous to the health of the crew, or to the health of the community, to be moored in some other position, and the expense, if any, atten- dant on such removal shall be recoverable with costs against the master or owner of such vessel, as hereinafter provided. But ss. 19-30 having expired on 31 Dec. 54, the words “ hereinafter provided” have no meaning. Ord. 24, 54, makes the Mayor, etc., of G., the L. B. for the parishes of St. George and St. Andrew, exclusive ‘of the estates on the Cumingsburg Canal, under ord. 5, ’52, without being subject to or under the control of the Cc. B. Any one or more of the Coms. of H., H. Officers, or Insps. of N., from time to time, with or without assistants, may enter buil into, visit, and inspect all lots, grounds, tenements, buildings, outhouses, drains, and trenches of whatsoever nature or de- scription, situate within his or their districts respectively ; and if upon view it shall appear that any dwelling-house or building in any city, town, or village is in such a filthy and unwholesome condition as to be a nuisance to or injurious to the health of * Suspended during the operation of ss. 16, 17, and 18 of ord. 8, 54 (ss. 1-15 expired on 31 Dec. ’54). t Ss. 16, 17, and 18 of this ord. continued in force by ord, 23, '64, and so long as they remain in force ss, 30, 36, and 87 of ord. 5, 5D are sus- pended, the powers being vested in the Gov. instead of in the Bs. 11 ORD 5, ’62 ORD 8, '64 5 16.t § 17+ Dispen- Saries, $ 18t Cleans- ing of vessels. ORD 24, ’64 ORD 65, ’62 S 31 Power to enter and inspect ildings. ORD 65, ’62 Notice Order, §$ 32 Who may enter and inspect provision shops and slaughter- houses. ORD 4, ’66 §1. 142 MAGISTERIAL LAW. any person ; or that upon any premises within such city, town, or village there is any bush or underwood which may be con- sidered to obstruct ventilation, or any foul or offensive trench, gutter, drain, privy, cesspool, or ashpit, kept or constructed so as to be a nuisance to or injurious to the health of any person ; or that upon such premises any dung, manure, offal, filth, refuse, or other matter or thing is kept, so as to be a nuisance to or injurious to the health of any person; or that upon any such premises any cattle or other animal are or is kept, so as to be a nuisance to or injurious to the health of any person, such Com., H. Officer, or Insp., after 24 hours’ notice in writing to abate such nuisance (service as in s. 78, or in case of emer- gency without notice), shall make an order in writing, for cleansing, whitewashing, or purifying such dwelling-house or building, or for the removal or abatement of any such cause of complaint as specified in such order; and such order or copy shall be forthwith served (as before). If such order be not duly complied with— Fine on owner or occupier, not excdg. $5,.besides $2 per diem during default ; the L. B. to do the necessary work—any cattle to be sold, and any dung, etc., removed by ord. of B., to be destroyed or sold: pro- ceeds to the L. B.: the lot, or part lot, and buildings thereon to be executable for expenses of work, when certified by B., and expenses and costs to be recoverable by summary execution. In case of paupers, see 3, 28. Coms., H. Officers, and Insps. of N., or any one or more of them, may, at all reasonable times, with or without assistant, enter into and inspect any shop, store, building, stall, or place, kept or used for the sale of butcher’s meat, fresh or salted meats of any kind, or vegetables of any kind, or fresh or salted fish, and also enter into any slaughter-house, and examine any animal, carcase, meat, flesh, fish, or vegetables intended for the food of man, and if it shall appear that the same is unfit for such food, the same may be seized, and if it appear to a J. P., upon the evidence of a competent witness, that any such animal, carcase, meat, flesh, fish, or vegetables is or are unfit for the food of man, he shall order the same to be destroyed, or to be disposed of, so as to prevent its being exposed for sale, or used for such food :— Fine on the person to whom such animal, etc., belongs, or in whose custody the same is found, not excdg. $5 for every animal, carcase, fish, or vegetable, or piece of meat, flesh, or fish so found. Rep, by ord. 4, 66, so far as relates to G. or New-Am. Any person keeping swine in G. or New-Am., except in the public market for slaughter,— On complaint of any Insp. of N., or other person authorized to prose- cute by the M. and T. C. or B. of S., fine $5 per animal: animals to be seized by ord. of Insp. of N. or any P. Officer, or T. Constable, and BOARDS OF HEALTH. 143 taken to the public market and slaughtered, and the carcase publicly sold to the highest bidder: proceeds to go in aid of the town funds, after deducting the expenses of sale and removal. If any person shall prove to the satisfaction of the Mayor and T. C. of G., or the B. of Sup. of New-Am., as the case may be, within 3 months after any such sale, that he was the owner of the animal slaughtered, any residue of the proceeds a such gale, after deducting the aforesaid fine of $5, shall be paid to 1m. Any H. Officer or Insp. of N. for G. or New-Am. may, etc., (as in s. 82 of ord. 5, ’52, above,). . . unfit for food, the H. O. or Insp. may order the same to be forthwith seized and de- stroyed :— Fine on person to whom the same belongs, or in whose possession the same is found, not excdg. $5 for every such article so found. Power for the owner, or person claiming possession, on desiring examination on his behalf (in which case no removal for 4 hours thereafter) to cause the same to be examined—the seizing officer continuing in possession by self or deputy. _On wrongful or improper destruction or other disposition (the article being at the time actually fit for food) the authori- ties shall be liable in damages, with costs; and the officer is in his turn liable to them. The Mayor and T. C. of G. and the B. of Sup. of New-Am. may declare any house or outbuilding wherein lodgers or tenants are received upon payment of hire, to be a, common lodging-house within s. 42 of ord. 5, '52, and any bye-laws made thereunder. The owner of every house in G. shall be bound at his own cost to cover and keep covered the approach thereto from the public street, and also every path leading to any outbuilding on his lot or portion of lot, with hard substance to the satisfaction of the M. and T. C. of G.; who, in default, after first giving reasonable notice, may cause the necessary work to be done, and recover the amount summarily with costs. The M. and T. C. of G., or the B. of S. of New-Am., when any house in G. or New-Am. is without a sufficient water-closet - or privy, furnished with proper doors and coverings, to give notice in writing to the owner, within a reasonable time, to provide such conveniences ; and on non-compliance may con- struct such conveniences, and may recover the cost summarily with costs. In case of paupers, amounts expended under ss. 5 and 6 payable as in s, 28 of ord. 5, ’52. Procedure under ord. 19, ’56, at: instance of any officer or person em- ployed by the M. and T. C. of G. or the B. of 8S. of New-Am. Fines apportionable under ord. 5, 72 to respective town funds. Every village Overseer shall, in respect to the v. of which he is Overseer, have and possess by virture of his office all the powers and authority of an Insp. of N. under ord. 5, 52; and in every unincorporated v. the Gov. may appoint Overseers to act therefor. ORD 4, ’66 $ 3 Wrongful destruction, S 4 Lodging- houses. S 5 Covers to entrances, etc. S 6 Privies. $7 Procedure, ORD 5, ’52 § 35 The C. B. to issue directions as to new build- ings, etc. Local Boards to carry them out, 8 42 Regula- tions for lodging- houses. 144 MAGISTERIAL LAW. 8. 88 empowers L. Bs. to provide public privies. 8. 34 empowers L. Bs. to provide slaughter-houses. C. B. from time to time may issue information and directions as to the sanitary construction, arrangement, and ventilation of any new building, and as to the construction and situation of water-closets, privies, or receptacles for rubbish and filth, and if at any time, upon the report of the surveyor (where a sur- veyor is appointed), or of an Insp. of N., it shall appear to any L. B. that any house is without a sufficient water-closet or privy, and receptacles aforesaid, furnished with proper doors and coverings, the said L. B. shall give notice in writing to the owner or oécupier of such house, requiring him, within a reasonable time to be specified therein, to provide such con- venience as aforesaid, as the case may require :— In default, L. B. may construct such convenience—expenses recover- able from the owner or occupier summarily. In case of paupers as in 8, 28. S. 88 provides for appointment by L. Bs. of nurses and attendants for the temporary hospitals and places of refuge. 8. 39 empowers C. B. to take charge of and execute all necessary measures for the diffusion of vaccination among the population and for the supply and distribution of vaccine lymph. See ‘‘ Vaccination.” S. 40 empowers C. B. to issue orders and directions in case of epidemic disease. 8. 41 authorises new cemeteries to be made by C. B. It shall not be lawful to establish any new burial-ground or grounds without the consent of the C. B., in writing, under a penalty of not more than $96 nor less than $50, for every burial which shall take place in such ground. No new burial-ground to contravene ord, 17, ’49 (rep. by ord. 20, ’60—“ Buriat ”’). Any house, not being an hotel or a tavern, in any city, town, or village, wherein persons are nightly received to sleep upon payment of hire, whether such persons shall reside in the same during the day or otherwise, shall be subject to be declared by the L. B. a common lodging-house, and be registered as such, and thereupon and thereafter such common lodging-house shall be subject to the bye-laws made by the said L. B., especially as regards the number of inmates to be permitted to lodge therein, the measures to be taken for securing cleanliness and ventila- tion therein, and with respect to the inspection thereof and the conditions and restrictions under which such inspection may be made; and the person keeping any such lodging-house shall give access to the same when required by any person who shall produce the written authority of the L. B. in this behalf, for the purpose of inspecting the same, or for introducing or using therein any disinfecting process, and the expenses incurred by BOARDS OF HEALTH. 145 the said L. B. in introducing or using any disinfecting process shall be recoverable summarily from the person keeping the lodging-house. Fine for refusal to admit, at any time, any person authorised by the B. as last aforesaid, not excdg. $10. If in any case in which the L. B. are empowered to recover any expenses summarily, any person shall deem himself to be agerieved by the decision of the said L. B. thereupon, he may, within 14 days after notice of such decision, address a memorial to the C. B., stating the grounds of his complaint, and the said C. B. may make such order in the matter as to them may seem equitable, and the order so made shall be binding and conclusive upon the L. B.; andif the L. B. shall have proceeded to re- cover such expenses, the C. B. may, if they shall think fit, direct the L. B. to pay the person so proceeded against such sum as they may consider to be a just compensation for the loss, damage, or grievance thereby sustained by him. (See 8. 67, infra.) L. Bs. of G. and of New-Am. respectively, shall be autho- rised to apply to any P. Mag. to prohibit the establishment therein of any trade or occupation which may be reported to them by the.H. O. to be dangerous to health. If any trade or occupation be carried on in G. or New-Am., so as to be injurious to health, the L. B. may, on the report of the H. O., require such improvements or alterations to be made in the manner of conducting or carrying on such trade or occu- pation as the B. may deem expedient (subject, nevertheless, to the decision of the P. Mag. for the dist., in case the party proceeded against shall think fit to appeal thereto from the requisition of the B. iu Fine on the person or persons carrying on such trade or occupation without the improvements or alterations so required by the said B., if confirmed by the P. Mag., having been effected in a reasonable time (to - eit by the said Mag.), for every day not less than $5, nor more than $10. All police officers and constables shall aid and assist in carry- ing out the provisions and objects of this ord.; and if any violation of this ord., or of any rules, orders, directions or bye- laws, to be made in pursuance thereof, shall become known to any of them respectively, he shall forthwith report the same to one of the Coms. of H., H. Os., or Insps. of N. The Ingp.- Gen. of P. shall issue such orders and instructions for the guidance of the P. F. in this behalf as the C. B. may, with the approval of the Gov., direct. If any person or persons shall wilfully violate, or refuse, or neglect to carry out any of the orders and directions made or to be made by the C. B. under this ord., ORD 5, '52 S 43 Appeal from L. Boards to C. Board, S 44 Prohibi- tion of trades. S 45 Improve- ments or altera- tions in trades injurious to health. S 46 Police officers, etc., to assist in carrying out this ord. S 47 Refusing or neglecting to obey C. Board, ORD 65, ’62 $ 48 Ditto L. Boards. 5 49 Obstruct- ing officers or de- facing notices. $ 60 Collect- ing rates. S 61 Evidence of rate. $ 62 Pro- cedure. § 64. § 63 Audit of accounts. 146 MAGISTERIAL LAW. For the punishment of which there shall be no special provision—fine, not excdg. $50 nor less than $10. If any person or persons shall wilfully violate any bye-law of any L. B. duly made, confirmed, and published, or shall refuse to observe any directions given to him or them by the Comrs. of H., H. Os., or Insps. of N. under this ord.— Fine, not excdg. $10. Whosoever wilfully obstructs any Com. of H. or H. 0O., or other officer or person duly employed in the execution of this ord, ; or destroys or pulls down, injures or defaces any board or paper upon which any bye-law, notice, or other matter is printed or inscribed— Fine, if set up by authority of C. B., or any L. B., not excdg. $5. Ss. 50-59 relate to making and carrying out labour contracts, for which rates are to be levied. All rates made or collected under the authority of this ord. shall be published, and shall commence and be payable at such time or times, and shall be made in such manner and form, and shall be collected by such persons as the L. B. shall from time to time appoint; and if any person assessed to any such rate fail to pay the same when due, or to give labour in lieu thereof, (i.e., by s. 53, 2 days’ labour under the direction of the Insp. of N. in lieu of the monthly proportion of the assessment, on giving in name at the commencement of each month as desirous of commuting) for the space of 14 days after the same shall have been lawfully demanded in writing, such rates may be recovered summarily. The production of the books, or of an extract thereof, duly certified by any two or more members of the L. B., purporting to contain any rate or assessment made under this ord., shall, without any other evidence whatsoever, be received as evidence of the making and validity of the rates mentioned therein, Where not otherwise provided for, any penalty or forfeiture under $50 may be prosecuted for with costs in a summary manner by any Com. of H., H. O., or Insp. of N., under ords. 19, ’66, and 5, ’68, and when recovered to be paid 4 to prosecutor (ord. 4, °65, p. 147) and 4 to H. M., etc.; and if above $50, shall be recovered before the Inf. Crim. Court. As to joint owners, see s. 74, p. 148. Js. P., being also members of any L, B., may, notwithstanding their being such members, exercise the jurisdiction vested in them as such Js. P. under this ord. As to designation of deft., sec s. 75. As to recovery of rates, sce s. 76, p. 148. 8. 65 incorporates Justices, etc., Protection ord. 31, °50. See Intro., p. viii. ‘For the purposes of any audit and examination of accounts under this ord., every auditor may, from time to time, if he shall think it necessary, by summons in writing, require the production before him of all books, deeds, contracts, accounts, vouchers, and BOARDS OF HEALTH. 147 all other documents and papers, and may require any person holding or accountable for any such books, etc., to appear before him at any such audit and examination, or adjournment thereof, and to make and sign a declaration with respect to the same :— Fine, on any person neglecting or refusing so to do, or to produce any such books, deeds, contracts, accounts, vouchers, documents, or papers, or to make or sign such declaration, $10. By s. 66 officers are not to be personally liable for acts done; any expenses incurred by them to be refunded from the rates. C. B. authorised to make (alter or repeal) bye-laws for the sanitary care of the ports and of seamen, and other persons belonging to vessels therein, or in any of the rivers or creeks—to be approved by the Gov. and C. of P.—to be binding when published in 0. G. Every person committing a breach of any thereof, Fine, not excdg. $48 and not less than $10; in case of a continuing offence, a further penalty not excdg. $10 each day after notice of breach from any person authorised to prosecute. Production of O. G, to be evidence of bye-laws. C. B. may appoint such persons as they may from time to time select, to prosecute for breaches of such bye-laws, or of any orders and directions made or to be made by them under ord. 5,52. Production of a depu- tation in writing purporting to be signed by the Chairman of the B., without further proof, to be evidence of authority to prosecute. On conviction and order to pay penalty for breach of bye-laws or orders and directions under ord. 5, ’62, in default of immediate payment, deft. to be committed, with or without h. 1, not excdg. 3 months, unless penalty and costs sooner paid. Procedure under ord. 19, ’56, half fine, etc., to prosecutor and half to Crown, notwg. ord. 5,52, s. 62 (which gave whole to the Crown, but is amended in this work). 8. 6. Conviction or warrant not to be quashed for want of form. 8. 7 empowers C. B., by bye-laws, to fix the time within which seamen on board vessels shall be sent to hospital after being taken ill. Pending such bye-law ord. 19, ’60 in that behalf to be suspended. See ord. 10, °78, ‘“‘ Vintages,” ss. 102, 105. If any person shall think himself aggrieved by any order or claim made upon him by any L. B. in carrying out this ord., he may appeal to the C. B., whose decision thereon shall be final and conclusive, on giving to the L. B. 14 days’ notice. Full compensation may be made out of the local rates to be levied under this ord., to all persons sustaining any damage by reason of the exercise of any of the powers of this ord. in the district in which such rates are leviable; and in case of dispute as to the amount, the same shall be settled by the C. B.; or if the compensation do not exceed $50, the same may be ascer- tained and recovered before 2 Justices summarily. 8. 69 precludes interference with Crown works or private drainage. 8. 70 gives the power of entering upon lands and premises for making surveys. : 8. 71 relates to the time for repayment of loans, Every person who upon any examination under the provisions of this ORD 5, '52 ORD 4, '65 $ 1 Bye-laws, for ports. $2. S 3 Prosecu- tors, under ords. 4, 65 and 5, ’52. 8 4 Enforcing penalty. 85. ORD 5, ’52 $ 67 Appeal to Central B. 5 68 Compen- sation for damage, § 72 Perjury. ORD 5, ’52 S 73 Service of process, S 74 Qne of several co-defts. may be proceeded against, S 75 Designa- tion of deft. 8 76. S77. ORD 18, 60 5 18. Extent of ord, 8 1 What b. may be sold. 148 MAGISTERIAL LAW. ord. shall wilfully and corruptly give false evidence shall be liable to the penalties inflicted upon persons guilty of wilful and corrupt perjury. Any summons, notice, writ, or proceeding of any kind whatsoever to be served upon any L. B. may be served by being delivered to the Chairman personally, or at his place of abode ; or in case of his absence to any other member of the B. personally, or at his place of abode; and in all cases in which any notice is by this ord. required to be given to the owner or occupier of any premises it shall be sufficient to address the notice to them by the description of the ‘‘ owner” or “ occupier” (as the case may require) of the premises (naming them) in respect of which the notice is given, without further name or description; and the notice shall be served upon them or one of them, as the case may require, either personally or by delivering the same to some inmate of his or their place of abode, or in the case of the occupier (and also in case of the owner, if his place of abode be unknown) upon any inmate of the last mentioned premises, or if such premises be unoccupied, then, in case the notice is required to be served upon the occupier (and in case of the owner also, if his residence be unknown), it shall be sufficient to fix the notice upon some conspicuous part of the premises. In case of any demand or complaint, under this ord., to which two or more owners or occupiers of premises may be jointly answerable, it shall be sufficient to proceed against any one or more of them, without in any manner proceeding against the other or others of them; but nothing herein contained shall prevent the parties so proceeded against from recovering contribution in any case in which they would be entitled to contribution by law. Wherever in any proceeding under this ord., whether written or other- wise, it shall become necessary to mention or refer to the owner or occupier of any house, building, or tenement whatsoever, it shall be sufficient to designate him as the owner or occupier of such house, building, or tenement respectively, without name or further description. Complaints or informations for the recovery of any rate or sum of money, or any fine or penalty (already provided for by s. 62— ?) not excdg. $50, or for the punishment of any offence (ords. 19, ’56, and 6, 68): fines and penalties excdg. $50, but not excdg. $240, recoverable by any person before the Inf. Crim. Court. Construction Clause, BREAD. Ord. 18, ’50. N.B.—One 8. J. P. can act under this ord., ord. 11, 58, Intro., p. viii. ‘‘ Baker ’—every person making or who shall make or sell or expose b. for sale. _This ord. is held not to apply to the casual act of selling a loaf on the highroad, but to bakers and persons selling or exposing bread for sale as an ordinary trade (Thorne v. Muddle, 2 R. C., 235); nor to the casual ne oes of a seller during temporary absence. (Thorne v. Fraser, : . C., 236. Every baker or seller of b. may make and sell, or offer for BREAD. 149 sale, in his shop, or to deliver to his customer or customers, b. made of flower or meal of wheat, barley, rye, oats, buckwheat, Indian corn, peas, beans, rice, plantains, yams, or potatoes, or any of them, and with any common salt, fresh water, eggs, milk, barm, leaven, potato, or other yeast, and mixed in such proportions, as he shall think fit, and with no other ingredient or matter whatsoever, subject to the regulations hereunder. No baker or seller of b. to make and sell, or offer for sale in his shop, or deliver to his customer or customers, b. made of any other weight or size than in loaves 4 lbs., 2 Ibs., 1 Ib., $ lb., 4 oz., respectively, avoirdupois weight. All b. shall be sold by weight. In case any taker or seller of b. shall sell or cause to be sold b. in any other manner than in loaves of the sizes and weights afore- said, and by weight— Fine, not excdg. $10. This ord. shall not prevent or hinder any such baker or seller of b. from selling b., usually sold under the denomination of French or fancy b., or rolls, without weighing the same. Every baker or seller of b. in the sale of b., shall use avoirdu- pois weight of 16 oz. to the lb., according to the standard of the Insp. of import duties, and the several yradations of the same for any less quantity than a lb. :— In default, fine, not excdg. $23, nor less than $10. Every baker or seller of b. shall cause to be fixed on some conspicuous part of his shop, on or near the counter, a beam and scales with proper avoirdupois weights, or other sufficient balance as aforesaid, in order that all b. there sold may from time to time be weighed in the presence of the purchaser or purchasers thereof, except as aforesaid. Any baker or seller of b. neglecting to fia such beam and scales or other sufficient balance, in manner aforesaid, or to provide and keep for use proper beam and scales and proper weights or balance as aforesaid, or having or using in the sale of b. any other kind of weights, or any incorrect or false beam or scales or balance, or any false weight, not being of the kind of weights or of the weight it purports to be, accord- ing to the standard aforesaid— Fine, not excdg. $23, nor less than $10. Every baker or seller of b., and every journeyman, servant, or other person employed by such baker or seller of b., who shall convey or carry out b. for sale in any cart, carriage, bar- row, tray, basket, or otherwise, shall be provided with and shall constantly carry a correct beam and scales with proper weights, or other sufficient balance as aforesaid, in order that all b. sold by every such baker, etc., may be weighed in the presence of ORD 18, ’50 S 2 Weight or size prescribed, Shall be sold by weight. French and fancy rolls. $ 3 Avoirdu- pois weight. S 4 Beams, scales, and weights, etc., in shop. 8 5 Delivering by cart, etc. ORD 18, ’50 S 6 Adulterat- ing b. 8 7 Cornmeal or flour. § 8 B. made of mixed meal or flour. S 9 Search warrant, 150 MAGISTERIAL LAW. the purchaser thereof, except as aforesaid. Any baker, etc., carrying out or delivering any b. without being provided with such beam and scales, with proper weights, or other sufficient balance, or whose weight shall be deficient in their due weight according to the standard aforesaid, or at any time refusing to weigh any b. purchased of him, or delivered by his journeymen, etc., in the presence of the person or persons purchasing or receiving the same— Fine, not excdg. $23, nor less than $10. No baker or other person who shall make b. for sale, nor any journeyman or other servant of any such baker or other person, shall at any time or times in the making of b. for sale use any miature or ingredient whatsoever in the making of such b., other than and except as hereinbefore mentioned, on any account or under any colour or pretence whatsoever :— Fine, on master, journeyman, servant, or other person offending, not excdg. $48, nor less than $23. See as to 2nd offence, s. 16, p. 152. The person charged under ss. 6,10 must be shown to answer thé description contained in it. (De Govia v. Greenslade, 1 R. C., 228.) . If any person shall put into any cornmeal or flour intended for sale or for the manufacture of b., any sour or damaged corn- meal or flour, or any ingredient or mixture whatsoever, not being cornmeal or flour ; or if any person shall knowingly sell or offer or expose for sale, either separately or mixed, any meal or flour of one sort of corn or grain as the meal-or flour of any other sort of corn or grain, or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale— Fine, not excdg. $48, nor less than $23. Every person who shall make for sale or sell or expose for sale any b. made wholly or partially of peas, beans, plantains, yams, or potatoes, or of any sort of corn or grain other than wheat, shall cause all such b. to be marked with a large Roman M; any person at any time making or selling, or exposing for sale, any such b. without such mark as hereinbefore directed— Fine, per lb. weight, and in proportion for less quantity, not excdg. $2. Any J. P., Commissary, police officer, or constable, authorised by warrant (which warrant any J. P. may grant), may enter at seasonable times in the day time, into any house, shop, stall, bakehouse, warehouse, outhouse, or ground of or belonging to any baker, and search and ex- amine whether any mixture or ingredient, not the genuine produce of the grain of such meal or flour, shall have been mixed up with or put into any meal or flour in the possession of such baker, whereby the purity of any meal of flour is or shall be in anywise adulterated, Or whether any mixture or ingredient other than is allowed by this ord. shall have been mixed up with or putinto any dough or b. in the possession of any such baker or other person, whereby any such dough or b. is or shall be in anywise adulterated ;—And also may search for any mixture or ingre- dient which may be intended to be used in or for any such adulteration BREAD. 151 or mixture ;—And if on any such search it shall appear ‘that any such meal, flour, dough, or b. so found shall have been adulterated by the person in whose possession it shall then be, or any mixture or ingredient shall be found which shall seem to have been deposited there in order to be used in the adulteration of meal, flour, or b., then every J. P., Com- missary, and officer authorised as aforesaid, respectively, may seize and take any meal, flour, dough, or b. which shall be found in any such search, and deemed to have been adulterated, and all ingredients and mixtures which shall be found and deemed to have been used, or intended to be used in or for any such adulteration as aforesaid ;—And such part thereof as shall be seized as aforesaid shall, with all convenient speed after seizure, be carried to a J. P., and if any J. P. who shall make any such seizure in pursuance to this ord., or to whom anything so seized under this ord. shall be brought, shall adjudge that any such meal, flour, dough, or b. so seized shall have been adulterated by any mixture or ingredient put therein other than is allowed by this ord., or shall adjudge that any ingredient or mixture so found as aforesaid shall have been deposited or kept where so found for the purpose of adulterating meal, flour, or b., then and in any such case every such J. P., or Commissary, is hereby required to destroy the same, or to dispose of the same for some public purpose. Every baker, in whose house, shop, stall, bakehouse, ware- house, outhouse, ground, or possession, any ingredient or mixture shall be found which shall, after due examination, be adjudged to have been deposited there for the purpose of being used in adul- terating meal, flour, or b.— Fine on Ist offence, not less than $10, and not excdg. $23; subsequent offence, not less than $23, and not excdg. $48; as to 2nd offence, s. 16, p. 152. : If any baker shall at any time make complaint to any J. P., and make appear to him that any offence which such baker shall have been charged with, and for which he shall have incurred and paid any penalty under this ord., shall have been occasioned by or through the wilful act, neglect, or default of any journeyman or other servant employed by or under such person so making complaint, then and in any such case any such J. P. may and is hereby required to issue out his warrant under his hand for bringing any such journeyman or servant before himself and other J. P. or Js. P., or any 2 or more Js. P., who may examine into such complaint, and on proof thereof adjudge and order that a reasonable sum of money, not to exceed $48, shall be paid by any such journeyman or servant to his master by way of recompense to him for the money he shall have paid by reason of the wilful act, neglect, or default of any such journeyman or servant. No master, nor journeyman, nor other person exercising or employed in the trade or calling of a baker shall on the Lord’s Day, or on any part thereof, make or bake any b., rolls, or cakes of any sort or kind ;—Nor shall, on any other part of the said day, after the hour of 11 a.m., sell or expose for sale, or permit or suffer to be sold or exposed for sale, any 0., rolls, or cakes of any sort or kind ;—Or bake or deliver, or permit or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals ;—Or in any other manner exercise the trade or calling of a baker ;—Or be engaged or employed in the business or occupation thereof (save ORD 18, ’60 When success- ul. On condemna- tion, Destruction. §$ 10 When in- gredients for adulteration found. § 11 Wilful default of ser- vant, 8 12 Baking, etc., on the Lord’s Day, ORD 18, 50 $13 Opposing execution of ord. SS 14, 15 In- formers. Fines. Competency as witness. $ 15 Officer— competency as witness, $ 16 Publica- tion on 2nd offence. ORD 20, ’60 $1. S$ 8 Burial of corpses, ORD 25, ’60 § 225 Burial of corpses. 152 MAGISTERIAL LAW. and except so far as may be necessary in setting and superin- tending the spouge to prepare the b. or dough for the following day’s baking :— On conviction within 6 days from commission—Ist offence, $2; 2nd offence, $5; subsequent offence, $10. In case any person or persons shall resist or make forcible opposition against any person employed in the due execution of this ord.— Fine, not less than $23, and not excdg. $48, Informers entitled to one-fourth part of the fines, etc., after payment of all costs, etc. Every person informing, and every other person, shall be deemed, taken, and considered a good and competent witness, notwithstanding he shall be entitled to a part or portion of any such fine, etc. One half of the balance of fines, etc., to be paid to the officer who shall detain, seize, complain, or sue, and the other half to the Colony. Every officer and person who shall detain, etc., shall be a competent witness, not- withstanding ke shall be interested in any such fine, etc. Procedure under ords. 19, 56 and 5,’68. Impr. for non-payment of fine to be with or without h. 1. ‘Whenever any baker or other person shall be convicted of a 2nd offence under ss. 6 or 10, in addition to all other pains and penalties, the offender’s name, place of abode, and offence shall be published, at the expense of the party convicted, in some newspaper of the Colony. 8. 17 relates to actions against officers, etc., acting hereunder. BURIAL. Ord. 20, ’60—Amsterdam. Repeal of ord. 17, ’49. Upon complaint made, and due proof thereof, before an Inf. Crim. Court that any person has buried or caused to be buried _ any corpse in any yard, garden, or premises within the town of New-Am., except in the public burial ground, or in the burial ground attached to the Scotch Church in said town— Fine, for benefit of Town fund, not excdg. $96, nor less than $50; in default, impr., not excdg. 2 m., unless sooner paid. Ord. 25, ’60—Georgetown. Upon complaint made, and due proof thereof, before the Inf. Crim. Court for Dem., that any person shall have buried, or caused to be buried, any corpse in any yard, garden, or premises, within the limits of the city of G. :— Fine, not excdg. $96, nor less than $50; in default, impr., not excdg. 2m.; payable, under ord. 5, 72, to Town Clerk in aid of Town funds. CATTLE DISEASE—CLERGY. 153 CATTLE DISHASE. Ord. 18, ’69. Whereas it is necessary to prohibit the importation of cattle suffering from contagious or infectious disease—s. 1. Power for the Gov. to proclaim any island or place infected with the cattle disease. No cow, bull, ox, steer, heifer, or calf, shall be imported from any island or place so declared by such proclamation to be in- fected with the cattle disease ; and no cow, etc., brought from any such island or place shall be permitted to be landed, and if landed, shall be immediately slaughtered. Every animal slaughtered under s. 2 shall be buried as soon as possible in its skin, and covered with a sufficient quantity of quick-lime or other disinfectant, and with not less than 4 feet of earth. Tt shall not be lawful to land any carcase, or any part thereof, of any cow, bull, ox, steer, heifer, or calf brought from any island or place declared to be infected with the cattle disease, and any such carcase or any part thereof which shall be so landed shall be immediately buried as in s. 3. Any person landing or attempting to land, and all persons con- cerned in the landing of, any cow, bull, ox, steer, heifer, or calf, or of any carcase or of any part thereof of any cow, etc., brought from any island or place declared to be infected with the cattle disease— Fine, not excdg. $96 for each animal or carcase or part of same—ords. 19,566 and 3 & 5, 68. Every officer of Colonial customs and every p. constable shall have full power to seize, destroy, and slaughter all such cows, bulls, oxen, steers, heifers, or calves, and to bury the carcases thereof, and to seize and bury all such carcases of all such [cows, omitled] bulls, etc., as may be landed in this Colony contrary to the provisions hereof. CLERGY. Ord: 16, ’61. “ The Ch. of E. Clergy Discipline Ord., 1861.” “ Clerk” =every rector, incumbent, curate, chaplain, or other clergyman or minister in holy orders, of the united church of Eng. and Ir., licensed or authorised by the Bishop to officiate within the diocese and see of Guiana. ORD 18, 69 Preamble. $1. S 2 Importa- tion from places declared in- fected. §$ 3 Burials of cattle so im- ported. S 4 Landing of ditto. $5. Destruction. ORD 16, ’61. § 2 “Clerk” defined, ORD 16, ’61 5 3. § 4 Clergy to elect clerical assessor. S 6 Votes may be given per- sonally or by proxy. S 7 Proxies. S$ 8 Disputed elections. 89. 510. $11 Mis- conduct. § 12 Grounds for a Commis- sion, § 13 The Com- mission. 154 MAGISTERIAL LAW. Power for the Bishop to appoint, during good behaviour, as legal assessor, a barrister-at-law, advocate, or attorney-at-law, of not less than 7 years’ standing—(notice thereof to be published in the O. G.)—and a temporary deputy. Power for the clerks of the diocese to appoint, by periodical election, a clerical assessor to the Bishop, who must be an arch- deacon, or a clerk, being a priest of not less than 7 years’ stand- ing—(notice to be published in the O. G.)—to hold office for 5 years; temporary deputy may be appointed. 8. 5 empowers Bishop to appoint time and place of election. The votes may be given either personally or by proxy (Form A in Sched.). Election to be determined by majority of votes and proxies; the chairman of the meeting (any clerk selected by the majority) may vote, as principal and proxy, and have a casting vote; and must notify the result to the Bishop. The Reg. of the diocese shall act as Sec. at meetings, and no person shall be entitled to vote as a proxy, unless the instru- ment appointing such proxy have been transmitted to such Reg. 24 hours before the time appointed for holding the meeting. Within 14 days after the election, any person who may dis- pute the correctness thereof may petition the Gov. and C. of P., setting forth the grounds of his objection, and shall be bound, within the said 14 days, to deposit with the Rec.-Gen. $100 for costs, and to serve a copy of his petition upon the cler. assessor elected; and the Gov. and C. of P. shall have full power and authority, after due enquiry, to declare the election valid or void, as the case may be, or to make such other order as to them shall seem proper—the cler. assessor elected being entitled to act until unseated. Power for Gov. and C. of P. to summon witnesses, etc. Evidence on oath—perjury. Whenever any Clerk shall be guilty of any immorality, or other act or conduct unbecoming a Christian minister, or of gross or habitual neglect of ministerial duty, he shall be punish- able by suspension or deprivation, by sentence of the Bishop - subject to this ord., according to the nature of the offence ; pro- vided such offence, ‘if committed in E., would subject such clerk to deprivation by the ecclesiastical law of E. If any clerk shall, to the knowledge or belief of the Bishop, be charged and accused, by common report, with any offence or neglect of duty punishable by this ord.; and if any person shall deliver a charge in writing to the Bishop, setting forth the belief of such person that any clerk has been guilty of any such offence or neglect of duty, the Bishop shall, at discretion, issue a Com- mission, 8. 13. The Commission to be issued by the Bishop (Form B, Sched.) shall be directed to any 2 clerks, priests of 7 years’ standing, to CLERGY. 155 be chosen by the Bishop, and to any St. Mag. to be appointed by the Gov., who shall have full power to inquire into the charges against the accused party, to cite him before them, to summon all necessary witnesses and examine them upon oath, (or affirma- tion,) to adjourn not excdg. 1 week at a time, and in case the accused party, being duly cited to appear, shall not attend, or shall refuse to answer, to proceed ¢a parte; and the accused party, if he shall attend, may cross-examine the witnesses, by himself or by his counsel or attorney ; and all such preliminary proceedings shall be public, unless on the special application of the party accused the Comrs. shall direct that the same or any part thereof shall be private. The citation or summons of the Comrs. to the accused shall set forth :—(1) Where a charge shall be delivered—the name and place of abode of the party delivering the same; and, in all cases, the time when, and the place where, each offence is alleged or reported to have been committed, and the nature thereof, with reasonable precision ; (2) the names of the Comrs. and the time and place appointed for their sitting. A copy shall be served personally on the accused, or at his usual or last known place of abode, 10 clear days before the enquiry, and in default all proceedings thereunder shall be void, unless the accused shall voluntarily appear. After the enquiry shall have been concluded, the Comrs., or a majority of them, shall transmit to the Bishop, under their hands, the depositions of witnesses, and their report, whether or not there be sufficient primé facie ground for instituting pro- - ceedings against the party accused under this ord., which shall be filed in the Reg. of the diocese; and the Bishop shall, upon the application of any party interested, cause to be delivered to such party a copy of the said depositions on payment to the Reg. of the diocese of 25c. for each folio of 90 words. If the Comrs., or a majority, shall report that there is no sufficient prima facie ground for instituting proceedings, their report shall operate to prevent any further proceedings on that complaint, and a certified copy thereof shall be given by the Reg. to the party accused. In all cases where proceedings shall have been commenced under this ord. against any clerk, the Bishop may, with the consent of such clerk, and of the party complaining (if any), in writing, pronounce without any further procecdings sentence (enforceable as any other sentence), not excdg. the sentence which might be pronounced after trial. If the Comrs., or a majority, shall report that there.is sufficient primé facie ground for instituting proceedings, they (or majority) shall‘also draw up and sign a presentment, setting forth with reasonable precision the particular offence or offences for which ORD 16, ’61 8. J. P. Publicity. $ 14 Requi- sites of the cita- tion. § 15 Servica of the citation. $ 16 Report of the Commis- sioners, $17 That there is no prima facie ground. $18 Sentcnce by consent. $19 Present- ment of chares. ORD 16, 61 Service of. § 20 Appear- ance of accused, $ 21 The Court. § 22 Proceed- ings. § 23 Suspen- sion. § 24: Depriva- tion. $ 25 Convic- tion of a clerk by Sup. Cr. C. 156 MAGISTERIAL LAW. the party accused ought to be tried, and shall forthwith transmit the same to the Bishop, along with their report under the Com- mission, and the Reg. shall cause a copy of the report and pre- sentment to be served personally on the accused, or at his usual or last known place of abode ; no further proceedings until 14 days after service.’ The Bishop, by writing under his hand, to be served (as in s. 19), may require the accused to appear before him at any place within the diocese, and at any time after the expiration of the said 14 days, and to make answer to the said presentment within such time as he shall deem reasonable: and if the accused shall appear and by his answer admit the truth of the presentment, the Bishop shall then, or on some convenient day thereafter, proceed to pronounce sentence thereupon. ‘ If the party accused shall refuse or neglect to appear and make answer to the said presentment, or shall make any answer other than an unqualified admission of the truth thereof, the Bishop shall proceed to hold a Court under this ord., and to hear the cause, with the assistance of his legal and cler. ass., who shall be entitled to vote upon all questions that may arise during the hearing, and the finding shall be that of the majority of the Court, including the ass.; and in the event of the accused being found guilty, the said majority shall further declare whether the offence of which he was found was one for which deprivation might or might not be legally inflicted ; and the Bishop shall then, or at some convenient day thereafter, proceed to pronounce sentence in accordance with such finding. The Reg. of the diocese shall act as clerk—adjournments— counsel or attorney allowed either party—witnesses sworn— depositions taken—other proceedings as in Sup. Cr. C. Tn case sentence of suspension shall be pronounced by the Bishop, the same shall be certified by him to the Gov., and the stipend of the clerk so suspended shall be applicable, in the first place, to payment of any curate or substitute who shall be appointed by the Gov. and licensed by the Bishop to perform the duties of the clerk so suspended, during suspension; and the rectory or parsonage-house, if belonging to the benefice or ineumbency, shall also be assigned to the curate or substitute, if such assignment shall have been ordered and directed as part of the sentence of the Court, but not otherwise. In case sentence of deprivation shall be pronounced by the Bishop, the same shall be certified by him to the Gov., and the rectory, incumbency, curacy, or other preferment shall be vacant, and may be filled up according to law. If any clerk shall be convicted and sentenced on any indict- ment preferred against him before the Sup. Crim. Court, a CLERGY. 157 copy of such indictment, and of the depositions in this case, shall, with all reasonable despatch, be furnished by the clerk of the said Court to the Bishop, who may forthwith deal with the offender by suspension or deprivation, as if the case had been heard and decided under this ord.: Provided always, that before any such clerk shall be sentenced to be deprived under this s., he shall be entitled to be heard, by himself or by his counsel or attorney, before the Bishop and his 2 assessors, upon the question whether the offence of which he was convicted was one which would warrant deprivation by the ecel. law of E. Every clerk shall have the same right of appeal against any sentence pronounced in virtue of this ord., as he at present possesses or may at any time possess against sentences of the Bishop. Any clerk attempting to officiate during the period of his sus- pension, or after deprivation of his benefice or incumbency, or in any way obstructing the curate, substitute, or successor appointed to officiate in his stead, or refusing to give up posses-. sion of the rectory or parsonage-house, or of the Registry books, or any Church property in his custody, when thereto lawfully required, shall, notwithstanding the pendency of any appeal that may be open to him, be guilty of a misdemeanor :— Inf. Court—fine, not excdg. $100, or impr., not excdg. 1 year, or both, In any preliminary inquiry hereunder, any one or more of the Comrs.; Or, in any proceeding hereunder before the Bishop and his assessors, the Bishop or any assessor may require the attendance of such witnesses and the production of such deeds, evidences, or writings as may be necessary. As to Witnesses, see Comrs., ord. 2, ’62, Introd., p. xiv. When it shall appear that great scandal is likely to arise from the party accused continuing to perform the services of the Church while such charge is under investigation, or that his ministration will be useless while such charge is pending, the Bishop may cause a notice tobe served on such party at the same time with the service of a copy of the presentment afore- said or at any time pending any proceedings before the Bishop, inhibiting the said party from performing any services of the Church within the diocese from and after the expiration of 14 days from the service of such notice and until sentence shall have been given in the said cause. Every Commission of inquiry against any clerk under this ord. shall be issued only within 12 months after the commission of the offence. 12 ORD 16 ’61 Further hear- ing. S$ 26 Appeal. § 27 Clerk officiating after suspension or deprivation. S$ 28 Witnesses. $ 30 Inhibi- tion, § 31 Limita- tion. ORD 16, 61 5 32 Objec- tions and stamp , duty. $ 33 Bishop's absence or in- ability to act. 8 34, 8 35. 5 36. $ 37 Payment of legal assessors. S$ 88 Commis- sioner’s refusal to act. $ 39 Deposi- tion of dead or absent witness. § 40. ORD 24, ’62 S$ 1 “Queen's current gold and silver coin.” “* Queen's copper coin.” “* False or counterfeit coin,” 158 MAGISTERIAL LAW. No proceedings under this ord. shall be quashed or objected to before any Court or tribunal whatsoever for want of form, or on any technical ground. No stamp duty. The Vicar-General of the diocese, for the time being, and in case of his death, absence from the Colony, or inability to act, the Bishop’s Commissary or Cs., or any special Os. appointed to act for the Bishop hereunder, and each, every, and any of them, in the absence of the Bishop from this Colony, or in case of his inability to act, or in case of a vacancy in the see, may exercise all the powers hereby vested in the Bishop, and shall be chargeable with his duties. Process to be served by the P. Marshal under ord. 27, ’55. Witness in contempt—fine, not excdg. $96, and impr., not excdg. 30 days—order as to costs at Judge’s (Sup. Court) discretion. No process against witness unless his expenses were tendered. The legal assessor shall receive $24 for every day on which the Court shall sit, out of the vote for the contingent expenses of justice, upon the warrant of the Gov., to be granted on a certificate from the Bishop. Each member of any Com. appointed under s. 13, who shall refuse or fail to attend without suflicient cause, or who, having attended, shall withdraw, without excuse, before the termination of the proceedings— fine, for every day of absence or refusal to act and vote, $50, recoverable by summary execution at the instance of the Att.-Gen. If upon the trial of any clerk before any Court under this ord., it shall be proved by the oath or affirmation of any credible witness, that any person whose deposition shall have been taken before the Commission of inquiry as aforesaid is dead or absent from the Colony, or so ill as not to be able to travel, and if it be proved also that such deposition was taken in the presence and hearing or perception of the party accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then if such deposition purport to have been signed by the Comrs., it shall be lawful to read such deposition as evidence before-such Court without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the Comrs. purporting to sign the same. Rights of Gov., C. of P. (ord. 10, ’59, s. 4), and Bishop, preserved, COINAGE. Ord. 24, 62. “The Queen's current gold or silver coin” =any g. or s. coin coined in any of H. M.’s mints, or lawfully current in any part of H. M.’s dominions. “The Queen’s copper coin”=any c¢. coin, and any coin of bronze or mixed metal, coined as above. “False or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin any of the current coin which shall have been gilt, COINAGE. 159 silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble or be apparently intended to resemble or pass for any of the Queen’s current coin of a higher denomination. ‘‘ The Queen’s current coin ”’=any coin coined, etc., as above, and whether made of g., 8., c., bronze, or mixed metal. ‘“‘Having any matter in the custody or possession of any person ’=not only the having of it by himself in his personal cust. or pos., but also, the knowingly and wilfully having it in the actual cust. or pos. of any other person; and also, the kn. and wil. having it in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and, whether such matter shall be so had for his own use or benefit, or for that of any other person. “Court "—Sup. Cr. C. Every offence mentioned in this ord., which would be a felony or misdemeanor according to the law of E., if com- mitted in E., shall be af. or m. in this Colony, if committed therein. Whosoever shall falsely make or counterfeit any coin re- sembling or apparently intended to resemble or pass for any of the Queen’s current g. or s. coin,—fel. :— Punishment—p. s. for life, or not less than 3 yrs., or impr., not excdg. 2 yrs., with or without h. 1., and with or without s. c. Whosoever shall (1) gild or silver, or shall, with any wash or materials capable of producing the colour or appearance of g. or s., or, by any means whatsoever, wash, cage over, or colour any coin whatsoever, resembling or apparently intended to resemble, or pass for any of the Queen’s current g. or s. coin ;—Or shall (2) gild, ete. (asin 1), . . . or colour any piece of s. or ¢., or of coarse g. or coarse s., or of any metal or mixture of metals respectively, being of a fit size and figure to be coined, and with intent that the same shall be coined into false and counterfeit coin, re- sembling, or, apparently intended to resemble, or, pass for, any of the Queen’s current g. or 8. coin ;—Or shall (3) gild, or shall, with any wash or materials, capable of producing the colour or appearance of g., or, by any means whatsoever, wash, case over, or colour any of the Queen’s current s. coin, or file, or in any manner alter, such coin, with intent to make the same resemble or pass for any of the Queen’s current g. coin, etc. (as in 1) ;— Or shall (4) gild or colour any of the Queen’s current c. coin, or file or in any manner alter such coin, with intent to make the same resemble or pass for any of the Queen’s current g. or gs. coin ;—fel. :— Punishment as ins. 3. ORD 24, '62 * Queen’s cur- rent coin.” “« Possession,” “ Court.” § 2 Adoption of the law of England. § 3 Counter- feiting gold or silver coin. § 4 Colouring counterfeit coin. ORD 24, '62 $ 5 Impairin, gold, ate” 3 § 6 Unlawful possession of filings, etc. S 7 Buying, etc., counterfeit gold. or silver coin for lower value. Indictment. S$ 8 Importing counterfeit gold or silver coin, S 9 Exporting counterfeit eoin. $ 10 Uttering counterfeit gold or silver coin. $11 Uttering, with possession 160 MAGISTERIAL LAW. Whosoever shall impair, diminish, or lighten any of the Queen’s current g. or s. coin, with intent that the coin so impaired, diminished, or lightened may pass for the Queen’s current g. or s. coin ;—fel. :— Punishment—p. s., not excdg. 14 yrs., and not less than 3 yrs, ; or, etc. as ins, 3. Whosoever shall unlawfully have in his cust. or pos. any filings or clippings, or any g. or s. bullion, or any g. or s. in dust, solution, or otherwise, produced or obtained by impairing, diminishing or lightening any of the Queen’s current g. or s. coin, knowing the same to have been so produced or obtained ;— fel. :— Punishment—-p. s., not excdg. 7 yrs., and not less than 3 yrs.; etc., as in s. 3. Whosoever, without lawful authority or excuse (proof thereof on accused), shall buy, sell, receive, pay, or put off, or offer to buy, etc., any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current g. or s. coin, at or for a lower rate or value than the same imports or was apparently intended to import ;—fel. :— Punishment as in s, 3. In any indictment for any offence in this s, it shall be sufficient to allege that the party accused did buy, etc., or did offer to buy, etc., without alleging at or for what rate, price, or value the same was bought, etc., or offered to be bought, etc. Whosoever, without lawful authority or excuse (proof thereof on accused), shall import or receive into this Colony from be- yond the seas any false or counterfeit coin resembling or appa- rently intended to resemble or pass for any of the Queen’s current g. or s. coin, knowing the same to be false or counter- feit ;—fel. :— Punishment as in s, 3. Whosoever, without lawful authority or excuse (proof thereof on accused), shall export, or put on board any ship vessel, or boat for the purpose of being exported from this Colony, any false or counterfeit coin, resembling or apparently intended -to resemble or pass for any of the Queen’s current coin, knowing the same to be false or counterfeit ;—misd. :— Punishment—impr., not excdg. 2 yrs., with or without h. 1, and with or without s. c. Whosoever shall tender, utter, or put off any false or coun- terfeit coin, etc., as in s. 8 ;—misd. :-— Punishment—Sup. or Inf. Court—impr., not excdg. 1 yr., with or with- out h. 1,, and with or without s. c. Whosoever shall tender, utter, or put off any false or coun- COINAGE. 161 terfeit coin resembling, etc., as in s. 8, and shall, at the time of such tendering, etc., have in his custody or possession, besides the false or counterfeit coin so tendered, etc., any other piece of false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current g. or s. coin ;— Or shall, either on the day of such tendering, ete., or within the space of 10 days then next ensuing, tender, etc., any false or counterfeit coin resembling, etc., as in s. 8 ;—misd. :— Punishment as in s. 9. Whosoever shall have in his cust. or pos. 3 or more pieces of false or counterfeit coin resembling, etc., as in s. 8, and with intent to utter or put off the same or any of them ;—misd. :— Punishment—p. s. for 3 yrs., or, etc., as in s. 9. Whosoever having been convicted, either before or after the passing of this ord., of any misd. in ss. 10, 11, or 12 men- tioned, or of any fel. against this or any former ord. relating to the coin, shall afterwards commit any misd. in ss. 10, 11, or 12 mentioned ;—fel. :-— Punishment as ins, 3. Whosoever shall, with intent to defraud, tender, utter, or put off, as or for any of the Queen’s current g. or 8. coin, any coin, not being such current g. or s. coin, or, any medal, or, piece of metal, or, mixed metals, resembling in size, figure, and colour the current coin, as or for which the same shall be so tendered, etc., such coin, medal, or piece of metal, or mixed metals, so tendered, etc., being of less value than the current coin as or for which the same shall be so tendered, etc. ;—-misd. :-— Punishment asin s, 10. Whosoever shall falsely make or counterfeit any coin re- sembling or apparently intended to resemble or pass for any of the Queen’s current c. coin; and whosoever, without lawful authority or excuse (proof thereof on accused), shall knowingly make or mend, or begin or proceed to make, ete., Or buy or sell, Or have in his cust. or pos. any instrument, tool, or engine adapted and intended for the counterfeiting any of the Queen’s current c. coin;—Or shall buy, sell, receive, pay, or put off, or offer to buy, ete., any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current c. coin, at or for a lower rate or value than the same imports, or was apparently intended to import ;—fel. :-— Punishment as in s. 6. Whosoever, etc., (asin s, 10, except ‘‘ copper” for “‘ g. ors.,’’) ORD 24, ’62 of other counter- feit coin. Second utter- ing. _ 5 12 Having IM possession counterfeit gold or silver coin with intent to utter. 5 13 Every second offence of uttering, etc., shall be a felony. S 14 Uttering coin, medals, etc., but of less value than cur- rent coin. § 15 Counter- feiting the cop- per coin. Tools for making, etc, copper coin, Negotiating counterfeit copper coin, $16 Uttering counterfeit cop- per coin, ORD 24, 62 $ 17 Defacing coin, $ 18 Tender of defaced coin. “ Fiat” of A. G. §$ 19 Counter- feiting foreign gold and silver coin, $ 20 Import- ing such counter- feit coin, § 21 Uttering such counterfeit coin. 1st offence. 8 22 2nd ditto, 3rd ditto. S 23 Counter- feiting foreign coin other than gold and silver coin. Ist offence. 2nd ditto. § 24 Having in possession counterfeit foreign coin, 162 MAGISTERIAL LAW. Or shall have in his cust., etc., (as ins. 12, except ‘‘ copper” for ‘oe, or s.,”)—misd. :— Punishment as in s. 10. Whosoever shall deface any of the Queen’s current g., 8., or c. coin, by stamping thereon any names or words, whether such coin shall or shall not be thereby diminished or lightened ;— misd. :— Punishment as in s. 10, except s. ¢. No tender of payment in money made in any g., 8., or ¢. coin so defaced by stamping as in s. 17 mentioned shall be allowed to be a legal tender. Whosoever shall tender, utter, or put off any coin so defaced— Fine—summary offence—not excdg. $10. No person to proceed for any such last mentioned penalty without the consent of H. M.’s Att.-Gen. Whosoever shall make or counterfeit any kind of coin not being the Queen’s current g. or s. coin, but resembling or ap- parently intended to resemble or pass for any g. or s. coin of any foreign prince, state, or country ;—fel. :— Punishment as in s. 6. Whosoever, without lawful authority or excuse (proof thereof on accused), shall bring or receive into this Colony any such false or counterfeit coin resembling or apparently intended to resemble or pass for any g. or s. coin of any foreign prince, state, or country, knowing the same to be false or counterfeit ;— fel. :— Punishment as in s, 6. Whosoever shall tender, utter, or put off any such false, etc., (as in s. 20) ;—misd. :— Punishment—Sup. or Inf. Court—impr., not exedg. 6 months, with or without h. 1. Misdemeanor, punishment as in s, 9, Felony, punishment as in s. 3, Whosoever shall falsely make or counterfeit any kind of coin not being the Queen’s current coin, but resembling or apparently intended to resemble or pass for any c. coin, or any other coin made of any metal or mixed metals of less value than the s. coin of any foreign prince, state, or country ;—misd. :— Punishment—Sup. or Inf. C.—impr., not excdg. 1 yr. Punishment as in s. 6, Whosoever, without lawful authority or excuse (proof thereof on accused), shall have im his cust. or pos. any greater number of pieces than 5 pieces of false or counterfeit coin resembling or appa- COINAGE. 163 rently intended to resemble or pass for any g. or 8. coin of any foreign prince, state, or country, or any such c. or other coin as in 8, 23 ;— Summary offence—forfeiture of all such coin, to be cut in pieces and destroyed by order of §.J. P. Fine, not excdg. $10, nor less than $2, for every such piece of coin found in cust. or pos, (one moiety to informer, and the other to the poor of the parish where offence committed, appor- tionable under ord. 5, ’72); in default, impr. with h. 1, for 3 months, or until paid. Whosoever, without lawful authority or excuse (proof thereof on accused), shall knowingly make or mend, or begin or proceed to make or mend, or buy or sell, or have in his cust. or pos., any puncheon, counter puncheon, matrix, stamp, die, pattern, or mould, in or upon which there shall be made or impressed, or which will make or impress, or which shall be adapted and intended to make or impress, the figure, stamp, or apparent resemblance of both or either of the sides of any of the Queen’s current g. or 8. coin, or of any coin of any foreign prince, state, or country, or any part or parts of both or either of such sides ;— Or shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or have in his cust. or pos., any edger, edging, or other tool, collar, instrument, or engine adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures apparently resem- bling those on the edges of any such coin in this s. aforesaid, knowing the same to be so adapted and intended as aforesaid ;— Or shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or have in his cust. or pos., any press for coinage, or any cutting engine for cutting by force of a screw or of any other contrivance, round blanks out of g., s., or other metal or mixture of metals, or any other machine, knowing such press to be a press for coinage, or knowing such engine or machine to have been used or to be intended to be used for or in order to the false making or counterfeiting of any such coin as in this s. aforesaid ;—fel. :— Punishment as in s, 3. Where any coin shall be tendered as the Queen’s current g. or s. coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing, or to be coun- terfeit, such person may cut, break, bend, or deface such coin ;— And if any coin so cut, etc., shall appear to be diminished, etc., the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, etc., is hereby required to receive the same at the rate it was coined for. If any dispute shall arise whether the coin so cut, etc., be diminished ORD 24, ’62 § 25 Making, etc., surface tools, Edging tools. Coinage presses. § 26 Cutting of coin suspected to be diminished or counterfeit. Summary jurisdiction. ORD 24, 62 Counterfeit coin coming to the revenue, § 27 Discovery and seizure of counterfeit coin, etc. Search war- rant. If not required for evidence, to be delivered to R. G. If found, to be secured as evi- dence. § 28 Venue. 164 MAGISTERIAL LAW. in manner aforesaid, or counterfeit, it shall be heard and finally deter- mined in a summary manner, by any S. J. P., who may examine upon oath the parties and any other person. The Rec.-Gen., and As. R.-G., Coms., and Sub-Cs. of T. are hereby required to cut, etc., or cause to be cut, etc., every piece of counterfeit or unlawfully diminished g. or s. coin tendered to them in payment of Col. revenues. If any person shall find or discover in any place whatever, or in the cust. or pos. of any person having the same without lawful authority or excuse, any false or counterfeit coin resem- bling or apparently intended to resemble or pass for any of the Queen’s current g.,s., or ¢. coin, or any coin of any foreign prince, state, or country, or any instrument, tool, or engine whatsoever, adapted and intended for the counterfeiting of any such coin, or any filings or clippings, or any g. or s. bullion, or any g. or s. in dust, solution, or otherwise, which shall have been produced or obtained by diminishing or lightening any of the Queen’s current g. or s. coin, the person so finding or dis- covering is hereby required to seize and carry the same forthwith before some J. P. Where it shall be proved, on the oath of a credible wit- ness before any J. P., that there is reasonable cause to suspect that any person who has been concerned in counterfeiting the Queen’s current g.,8., or c. coin, or any such foreign or other coin as in this ord. before mentioned, or has in his cust. or pos. any such false or counterfeit coin, or any instrument, tool, or engine whatsoever adapted and intended for the making or counterfeiting of any such coin, or any other machine used or intended to be used for making or counterfeiting any such coin, or any such filings, clippings, or bullion, or any such g. or s. in dust, solution, or otherwise as aforesaid, any J. P., by warrant under his hand, may cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched, either in the day or in the night, and if any such false, etc. (as before), as aforesaid, shall be found in any place so searched, may cause the same to be seized and carried forthwith before some J. P., who shall, if necessary, cause the same to be secured, for the purpose sf being produced in evidence against any person who may be prosecuted for any offence against this ord. ;—And all such false, etc., as aforesaid, after they shall have been produced in evidence, or when they shall have been seized, and shall not be required to be produced in evidence, shall forthwith be delivered up to the Rec.-Gen. or to any person authorised by him to receive the same. Where any person shall tender, utter, or put off any false or counterfeit coin in one county or jurisdiction, and shall also tender, etc., any other false, etc., in any other county or jurisdiction, either on the day of such COINS. 165 first-mentioned tendering, etc., or within the space of 10 days next ensuing, or where two or more persons, acting in concert in different counties or jurisdiction, shall commit any offence against this ord., every such offender may be dealt with, indicted, tried, and punished, and the offence laid and charged to have been committed, in any one of the said counties or jurisdictions, in the same manner in all respects as if the offence had been actually and wholly committed within such one county or jurisdiction. Any coin produced in evidence as false or counterfeit is sufficiently proved to be so by the evidence of any credible witness. Every offence of falsely making or counterfeiting any coin, or of buy- ing, selling, receiving, paying, tendering, uttering, or putting off, or of offering to buy, etc., any false or counterfeit coin, against this ord., shall be deemed to be complete, although the coin so made or counterfeited, or bought, etc., or offered to be bought, etc., shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected. It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence against this ord., and to convey or to deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a J. P. or some other proper officer, to be dealt with according to law. Ss. 32 (want of form) and 33 (notice of action), same as ss. 72 and 65 respectively in “ MALIcious INJURIES—PROPERTY,” which see. In the case of every felony punishable under this ord., every principal in the second degree, and every acc. before the fact, shall be punishable as the principal in the first degree. Every acc. after the fact shall be liable to impr., not excdg. 2 yrs., with or without h. 1. Where any person shall have been convicted of any offence against this ord., or any former ord. relating to the coin, and shall afterwards be indicted for any offence against this ord, committed subsequent to such conviction, it shall be sufficient in any indictment, after charging such subsequent offence, to state the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence ; and a certificate containing the substance and effect only, etc., as ins. 104, “ LARCENY,” which see. 8. 36 (in what case a fine may be imposed, and sureties for keeping the peace may be taken), ys. 37 (h. 1.), and s. 38 (s. ¢.) are the same respec- tively as ss. 71, 69 and 70, of “MA.ticrous INJURIES—PERSON,” which see. Summary procedure under ords. 19, ’66 and 5, 68. COINS. The doubloon shall circulate as of the full value of 64s., and the dollar shall circulate as of the full value of 4s. 2d. Pay- ment in doubloons and dollars, or either of them, at the rate aforesaid, shall be a lawful tender. Every account to be made out, and the demand sued for, in dollars and cents; and in all suits for the recovery of fines or ORD 24, ’62 § 29 Proof of being counter- feit. S$ 30 When offence is com- plete. Apprehension of offenders. _§ 34 Accesso- ries. § 35 Form of indictment for a subsequent offence. 5 36. S 39, PROCLAMA- TION, 14 SEPT., ’38. ORD 3, ’39 5 3. ORD 1, 40 § 1 Silver coins, PROCLAMA- TION, 12 APRIL, ’51. Legal coinage copper). ORD 15, ’46 ORD 31, ’64 8 3. ORD 15, 46 $130 Damages and penalties. § 131. 166 MAGISTERIAL LAW. pecuniary penalties, originally fixed in guilders, the same shall be sued for in dollars and cents. The division of the dollar in relation to the current small silver coins and tokens in sterling money and cents of a dollar, viz. :-— Shillings. Pence. Cents. guilder token & O2 DO HE OD bO rele ” ” OCOMrFOOrRDYN to ~ 1 dollar rn eee ie ae BT aes ... 10 Copper coins of the value of 1d., and its divisions, are legally current, but no person shall be obliged to receive more penny pieces, in any one payment, than will be of the value of 1s., nor more halfpenny and farthing pieces than shall be of the value of 6d. 29 REDE OOO COMPANIES. Ords. 5 and 15, ’47 merely amend ord. 15, ’46. [ ‘The Joint Stock Companies Consolidated Ord., 1846,” is a very long one, and to insert the whole of it would be waste of space, in this work. The non-penal parts of it can so rarely be brought into use, so far as the powers of Js. P. thereby given are affected, that they will be treated of in as brief a manner as possible, while the penal clauses will be given suffi- ciently full for practical purposes. | By ‘The Companies Ord., 1864,” ss. 5-151 of ord. 15, ’46 (inclusive) are repealed except so far as they had then been incorporated with any ord. then in force, and so far as they relate to railways. These partially repealed ss. relate to capital, calls, shares, meetings, etc. One 8. J. P. may act for 2 Js. P.—ord. 11, ’58, Introd., p. viii. Damages, costs, or expenses directed to be paid, and the method of ascertaining the amount or enforcing the payment whereof is not provided for, shall be determined by 2 Js. P.— recoverable by distress on the goods of the company or party liable—in default of sufficient goods of the company, distress, after 7 days’ notice, on the treasurer. COMPANIES. 167 Method of’ proceeding before Js. P. in questions of damages. Publication of short particulars of offences punishable by any ord. or bye-law, and of the amount of the penalty, to be painted on a board, etc., and hung up on the place of business of the co. No penalty to be recoverable till so published. If any person pull down or injure any board put up or affiwed for the purpose of publishing any bye-law or penalty, or shall obliterate any of the letters or figures thereon— Fine, not excdg. $24, and expenses of restoring the board. Procedure to be before 2 Js. P. (now one 8. J. P., see above) in case of penalties the recovery of which is not otherwise specially provided for. {Penalties leviable by distress, s. 186 ; impr. in default of distress, 8. 187; how distress to be levied, s. 188; distress not unlawful for want of form, s. 139; application of penalties not otherwise provided for, one-half to the informer and remainder to the poor fund, s. 140; limitation of proceedings, 6 months, s. 141; damage to be made good in addition to penalty, s. 142; witness making default, s. 143; form of conviction (Sched. F.), s. 145; want of form, s. 146; appeal to Sup. Civil Court on giving security, 7.¢., since ord. 5, ’68, to the Review Court, ss. 147, 148; false evidence to be perjury, s. 149.] Any officer or agent of the co., and all persons called by him to his assistance, may seize and detain any person who shall have committed any offence against this or the special ord. or any ord. incorporated therewith, and whose name and resi- dence shall be unknown to such officer or agent, and convey him with all convenient despatch before some J. P. without any warrant or other authority than this or the special ord., and such J. P. shall proceed with all convenient despatch to the hearing and determining of the complaint. The co. shall at all times after the expiration of 6 months after the passing of the special ord., keep in their principal office of business a printed copy thereof, and deposit in the office of each of the Regs. of the several counties into which their works extend, a printed copy thereof. The Regs. and co. shall retain the said copies, and permit all persons interested to inspect same, and make extracts or copies :— Fine, in default of any of said matters and things, not excdg. $48. See 8, 135, If the co. shall fail to keep or deposit as hereinbefore mentioned any of the said copies of the special ord.— Fine, $96, and $24 per diem of default. Sce s, 135. Ss. 152-9 relate to the purchase of lands by agreement, and ss. 160-209, otherwise than by agreement, under the arbitration ORD 15, '26 8 132. § 133. $134 Defacing board. $ 135 Pro- cedure. Analysis of ord, § 144 Tran- sient otfenders. $ 150 Access to special ord. $151. Analysis of ord. continued, 168 MAGISTERIAL LAW. ORD 15, 46 of Js. P. ; ss. 210-221 relate to the application of compensation money ; ss. 222-5 to transports of lands; ss. 226-233 to entry on lands; ss. 284-5 to intersected lands; ss. 236-242 to mort- gaged lands; ss. 248-7 to leased lands ; ss. 248-250 to interests omitted to be purchased ; ss. 251-5 to the sale of superfluous lands ; ss. 256-818 to the deposit of plans and the construction of railways ; ss. 8314-323 to accommodation works ; ss. 324-344 to the carrying of passengers and goods, and to tolls; ss. 345- 852 to bye-laws ; ss. 353-4 to disposing of the railway ; ss. 355- 366 to carriages and engines ; ss. 367-383 to the conveyance of mails; ss. 884-411 to other matters. The penal clauses are almost the same as those in ord. 16, ’46 see ‘‘Rarnway”’), which came into operation at the same time ORD 31, "64 as this ord. $4Insurance For the purposes of this ord. a co. that carries on this business eomnpany.” of insurance in common with any other business is an Insurance Co. $5 Whatmust No co., association, or partnership consisting of more than be rogisterel. —_'1() persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a co. under this ord., or is formed in pursuance of some other ord., or of an Act of Parl., or of letters patent from the Crown. No co., ete., consisting of more than 20 persons shall be formed for the purpose of carrying on any other business that has for its object the acquisition of gain by the co., ete., or by the individual members thereof, unless it is registered as a co. hereunder, or is formed in pursuance of some other ord., etc. (as before). Nothing in the ord. shall authorise any co., etc., to act as a bank of issue, or to make or issue bank notes. $ 7 Incorpo- Any 7 or more persons associated for any lawful purpose vated company. may, by subscribing their names to a memorandum of associa- tion and otherwise complying with this ord. in respect of re- ge ekg ani form an incorporated co., with or without limited S 20 Copiesof =A copy of the memorandum of association having annexed memorandum, . erst . ete, thereto the articles of association, if any, shall be forwarded to every member, at his request, on payment of the sum of 48c. or such less sum as may be prescribed by the co. Fine on co. in default, for each offence, not excdg. $5. § 26 Register Every co. under this ord. shall cause to be kept in one or more of- menihorw. books a register of its members, and there shall be entered therein the following particulars: (1) the names and addresses, and the occupations, if any, of the members of the co., with the addition, in the case of a co. having a capital divided into shares, of a COMPANIES. 169 statement of the shares held by each member, distinguishing each share by its number ; and of the amount paid or agreed to be considered as paid on the shares of each member: (2) the date at which the name of any person was entered in the re- gister as a member: (3) the date at which any person ceased to be a member. Fine, on co. in default, not excdg. $24 for every day during default, and on every director or manager kn, and wil. authorising or permitting same. Every co. under this ord., and having a capital divided into shares, shall make once at least in every year, a list of all persons who, on the 14th day succeeding the day on which the ordinary general meeting, or if there is more than one ordinary general meeting in each year, the first of such ordinary general meetings is held, are members of the co.; and such list shall state the names, addresses, and occupations of all the members therein mentioned, and the number of shares held by each of them, and shall contain a summary specifying the following particulars: (1) the amount of the capital of the co. and the number of shares into which it is divided: (2) the number of shares taken from the commencement of the co. up to the date of the summary : (3) the amount of calls made on each share: (4) the total amount of calls received: (5) of calls unpaid: (6) and of shares forfeited: and (7) the names, addresses, and occupations of the persons who have ceased to be members since the last list was made, and the number of shares held by each of them. The above list and summary shall be contained in a separate part of the register, and shall be completed within 7 days after such 14th day, and a copy shall forthwith be for- warded to the Reg. of joint stock cos. Any co. under this ord., having a capital divided into shares, in default in forwarding such list to members or summary to the Reg.— Fine, not excdg. $24 for every day during default, and on every director and manager kn, and wil, authorising or permitting such default. The register of members, commencing from the date of the registration of the co., shall be kept at the registered office of the co. : except when closed, it shall, during business hours, but subject to such reasonable restrictions as the co. in general meeting may impoge, so that not less than 2 hours in each day be appointed for inspection, be open to the inspection of any member gratis, and to the inspection of any other person on the payment of 24c., or such less sum as the co. may prescribe. Every such member or other person may require a copy of such register, or of any part thereof, or of such list or summary of ORD 31, ’64 § 27 Annual list of members, 5 28. S 33 Inspec- tion of register. ORD 31, ’64 S 35 Notice of increase of capi- tal, etc., to Reg. $40 Registered office. 8 41, 8 42 Publica- tion of name by a limited co. $ 43 Non- publication. 170 MAGISTERIAL LAW. members (s. 27), on payment of 24c. for every 100 words copied :— Fine for refusal of such inspection or copy on the co., not excdg. $10, besides fine not excdg. $10 for every day during refusal, and on every director and manager kn. authorising or permitting such refusal. In addition to the, above penalty, any Judge of the Sup. C. may, by order, compel an immediate inspection of the register. Where a co. has a capital divided into shares, whether such shares may or may not have been converted into stock, notice of any increase in such capital beyond the registered capital, and where a co. has not a capital divided into shares, notice of any increase in the number of members beyond the registered number, shall be given to the Reg. in the case of an increase of capital within 15 days from the date of the passing of the reso- lution by which such increase has been authorised, and in the case of an increase of members within 15 days from the time at which such increase of members has been resolved on or has taken place, and the Reg. shall forthwith record the amount of such increase of capital or members :— Fine on co. in default, not excdg. $24 for every day during neglect, and on every director and manager kn, and wil. authorising or permitting such default. Every co. under this ord. shall have a registered office, to which all communications and notices may be addressed. Fine on co. in default, not excdg. $24 for every day during which busi- ness is so carried on. The co. shall not be deemed to have a registered office unless notice of the situation thereof and of any change therein shall be given to the Reg. and recorded by him. Every limited co. under this ord., whether limited by shares or by guarantee, shall paint or affix, and shall keep painted or affixed, its name on the outside of every office or place in which the business of the co. is carried on, in a conspicuous position, in letters easily legible, and shall have its name engraven in legible characters on its seal, and shall have its name mentioned in legible characters in all notices, advertisements, and other official publications of such co., and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of such co., and in all bills of parcels, invoices, receipts, and letters of credit of the co. : If any limited co. under this ord. does not paint or affix, and keep painted or affixed, its name in manner directed by this ord.— Fine, not exedg. $24 for offence, and for every day during default, and on every director and manager kn. and wil. authorising or permitting such default. COMPANIES. 171 If any director, manager, or officer of such co., or any person on its behalf, uses or authorises the use of any seal purporting to be a seal of the co. whereon its name is not so engraven as aforesaid, or issues or authorises the issue of any notice, adver- tisement, or other official publication of such co., or signs or authorises to be signed on behalf of such co. any bill of ex- change, promissory note, endorsement, cheque, order for money or goods, or issues or authorises to be issued any bill of parcels, invoice, receipt, or letter of credit of the co., wherein its name is not mentioned in manner aforesaid— Fine, $240, and personal liability to the holder of any such bill, etc., for the amount thereof, unless the same is duly paid by the co. Every limited co. under this ord. shall keep a register of all mortgages and charges specifically affecting property of the co., and shall enter in such register in respect of each mortgage or charge a short description of the property mortgaged or charged, the amount of charge created, and the names of the mortgagees or persons entitled to such charge. If any property of the co. is mortgaged or charged without such entry as aforesaid being made, every director, manager, or other officer of the co. who kn. and wil. authorises or permits the omission of such entry— Fine, not excdg. $240. The register of mortgages required hereby shall be open to inspection by any creditor or member of the co. at all reasonable times :— Fine for refusal, on any officer refusing, and every director and manager authorising or kn. and wil. permitting refusal, not excdg. $24, besides fine not excdg. $10 for every day during refusal. In addition to the above penalty, any Judge of the Sup. C, may, by order, compel an im- mediate inspection of the register. Every limited banking co. and every insurance co., and de- posit, provident, or benefit society under this ord. shall, before it commences business, also on the first Mon. in Feb. and the first Mon. in Aug. in every year during which it carries on busi- ness, make a statement (Form D, Sched.), or as near thereto as circumstances will admit, and a copy of such statement shall be put up in a conspicuous place in the registered office of the co., and in every branch office or place where the business of the co. is carried on :— Fine in default on the co., not excdg. $24 for every day during default, and every director and manager kn. and wil. authorising or permitting such default, Every co. under this ord., not having a capital divided into shares, shall keep at its registered office a register containing the names and addresses and the occupations of its directors or ORD 31, ’64 5 43. S 44 Register of mortgages. 8 45 State- meut entered in schedule, S 46 List of directors to be sent to Reg. ORD 31, 64 S 54 Registry of special resolu- tions. $ 57 Inspec- tors, $ 59 Inspec- tion of books. S 61 Power of company to ap- point inspectors. 8 63 Service on company. 172 MAGISTERIAL LAW. managers, and shall‘ send to the Reg. of Joint Stock Cos. a copy thereof, and shall from time to time notify to the Reg. any change therein :— Fine in default of keeping register, or of sending a copy of reg. to the Reg., or in notifying to the Reg. any change in directors or managers, not excdg. $24 for every day of default, and on every director and manager kn. and wil. authorising or permitting default. A copy of any special resolution that is passed by any co. under this ord. shall be printed and forwarded to the Reg. of Joint Stock Cos., and be recorded by him: If such copy is not so forwarded within 15 days from the date of the confirmation of the resolution— Fine on co., not excdg. $10 for every day after the expiration of such 15 days during default, and on every director and manager kn. and wil. authorising or permitting default. Where articles of association have been registered, a copy of every special resolution for the time being in force shall be annexed to or embodied in every copy of the arts. of ass. issued after the passing of such res. Where no arts. of ass. have been registered, a copy of any special res. shall be forwarded in print to every member requesting the same on payment of 48c., or such less sum as the co. may direct :— Fine on co. in default in complying with this s., not excdg. $5 for each copy in default, and on every director, etc., as above. Power for the Gov. and C. of P. to appoint insps. to examine into the affairs of any co. under this ord., and to report thereen. It shall be the duty of all officers and agents of the co. to produce for the examination of the insps. all books and docu- ments in their custody or power : Any insp. may examine upon oath the officers and agents of the co. in relation to its business, and may administer such oath accordingly: If any officer or agent refuses to produce any book or document hereby directed to be produced, or to answer any question relating to the affairs of the co.— Fine, not excdg. $24. Any co. under this ord. may, by special resolution, appoint insps. for the purpose of examining into the affairs of the co. : and the oflicers and agents of the co. shall incur the same penalties, in case of any refusal to produce any book or docu- ment hereby required to be produced to such insps., or to answer any question, as they would have incurred if such insps. had been appointed under s. 57. Any summons, notice, order, or other document required to be served upon the co, may be served by leaving the same, or sending it through _ the post in a pre-paid letter addressed to the co, at their registered office, COMPANIES. 178 All offences under this ord. made punishable by any penalty, may be prosecuted summarily before any St. or Sp. J. P. under ord. 19, ’56, and review ord. 5, 68. The J. P. imposing any penalty under this ord. may direct the whole or any part thereof to be applied in or towards payment of the costs of the proceedings, or in or towards the rewarding the person upon whose information or at whose suit such penalty has been recovered ; and, subject thereto, the penalties shall be paid to H. M. (Apportionment to be made under ord. 5, 72, by Rec.-Gen., in either case.) Every co. under this ord. shall cause minutes of all resolu- tions and proceedings of general meetings, and of the direc- tors or managers (if any) to be duly entered in books ; and any such minute as aforesaid, if purporting to be signed by the chairman of the meeting at which such resolutions were passed or proceedings had, or by the chairman of the next succeeding meeting, shall be received as evidence in all legal proceedings ; and until the contrary is proved, every general meeting of directors or managers in respect of the proceedings of which minutes have been so made shall be deemed to have been duly held and convened, and all resolutions passed thereat or proceedings had, to have been duly passed and had, and all appointments of directors, managers, or liquidators shall be deemed to be valid, and all acts done by such directors, etc., shall be valid, notwithstanding any defect that may afterwards be discovered in their appointments or qualifications. When an order has been made for winding up a co. hereunder no suit, action, or other proceedings shall be proceeded with or commenced against the co., except with the leave of the Court, and subject to such terms as the Court may impose. The official liquidator shall have power, with the sanction of the Court (among other things), to bring or defend any action, suit, prosecution, or other legal proceeding, civil or criminal, in the name and on behalf of the co. The liquidators may, without the sanction of the Court, exer- cise all powers by this ord. given to the official liquidator. , If any director, officer, or contributory of any co. wound up under this ord. destroys, mutilates, alters, or falsifies any books, papers, writings, or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or other document belonging to the co. with intent to defraud or deceive any person—misd. :— Sup. Cr. C.—impr., not excdg. 2 yrs., with or without h. 1. Where any order is made for winding up a co. by the Court, or subject to the supervision of the Court, if it appear in the course of such winding up that any past or present director, manager, officer, or member thereof has been guilty of any offence in relation to the co. for which he is criminally respon- 18 ORD 31, '64 8 66 Recovery of penalties. _ 8 67 Applica- tion of penalties. § 68 Evidence of proceedings at meetings. 5 86 Prosecu- tions to be stayed after order for winding up. § 94 Liquida- tor. § 120. $153 Falsifica- tion of books, § 154 Delin- quent directors in winding up by Court, ORD 31, ’64 $ 155 Ditto in voluntary wind- ing up. S$ 156 Perjury. ORD 25, ’61 S$ 2 Appoint- ment, Remuneration, § 25 What Justice to act. Refusal. S$ 3 Death to be notified to nearest Coroner, 174 MAGISTERIAL LAW. sible, the Court may, on the application of any person interested in such winding up, or of its own motion, refer the matter to the Att.-Gen. for prosecution. Where a co. is being wound up altogether voluntarily, if it appear to the liquidators conducting such winding up, that any past (etc., as in s. 154), the liquidators may, with the previous sanction of the Court, apply to the Att.-Gen. to prosecute such offender. If any person upon any examination upon oath or affirmation authorised under this ord. or in any affidavit, deposition, or solemn affirmation in or about the winding up of any co, under this ord., or otherwise in or about any matter arising under this ord., wilfully and corruptly gives false evidence, he shall, upon conviction, be liable to the penalties of wilful perjury. CORONERS. Ord. 25, ’61. Each of H. M.’s Js. P. shall be C, ea-officio, without any further appointment. To every C. (not being in the receipt of any public pay or emolument) holding and completing any inquest and thereafter ae trans- mitting the inquisition in terms of this ord. es . $4 Whenever any J. P., whose duty it shall be as the nearest J.P. to act as C., and to hold any inquest, shall neglect, or refuse, or be unable, to attend, any other J. P. may act as C. and hold such inquest. If any J. P. shall neglect, or refuse, without lawful excuse, to act as,C., in any case in which it shall be his duty to hold an inquest, under this ord.— Fine, not excdg. $100, to be imposed by any Judge of the Sup. Cr. C.on motion of the Att.-Gen. Whenever any person shall come by his death in a sudden, violent, or unnatural manner ; Or, whenever any dead body shall be found ; Or, whenever there shall eaist, concerning the death of any person, any reasonable suspicion that such death has not arisen from natural causes ;—every person who shall become aware of such death, or of the finding of such dead body, shall forthwith notify the same to the nearest C., or at the nearest Police Station, for report by the officer in charge to such C.— Fine in default, not excdg. $48, recoverable by any person summarily. CORONERS. 175 Every inquest upon the body of an Asiatic, or other im. known or reputed to be such within this ord. and employed on any pl., shall be held by a St. Mag., without the intervention of a jury, who shall sum up the evidence and make and sign order thereupon ; and every such order shall be equivalent in all respects to a verdict signed by a C.’s jury, and countersigned by the C.; and such Mag. shall, on transmitting the inquisition to the Police Mag. of G., or otherwise, transmit to the I. A. G. a statement of such particulars, in respect to the identity of the im., and cause of death, as he may be able to ascertain on such inquest. If any dead body, in respect to which an inquest ought to be held, shall be interred without any such inquest, or without sufficient inquest, it shall be lawful for any C. to order, within a convenient time after the death, such body to be disinterred in order to hold an inquest thereon. Every person interring, or causing to be interred, any dead body, in respect to which an a ought to be held, before such inquest shall have been eld— Fine, not excdg. $48. Ii shall thereupon (s. 8) be the duty of the C., with all con- venient speed, to summon not more than 5, nor less than 3, good and lawful men, residing in the neighbourhood, of full age, to appear before him as jurors, at the place where the dead body shall then be, at such time as he shall direct. In any case, wherein there shall be no reasonable probability that the death occurred from violence or any unnatural cause the C. shall not be bound to hold an inquest, but may, instead thereof, issue his order for the interment of the body : Provided further, that the C. shall immediately report every such order, with the grounds thereof, to the Gov.. (Scilicet, per Gov. Sec.) If any person summoned as a juror upon any C.’s inquest shall, after being openly called 8 times, fail, without lawful eacuse, to appear, at the time and place appointed by the summons, and serve as such juror :— Fine on such person (after proof upon oath of such summons having been served upon him, either personally or by leaving the same for bim with some person at his place of abode), not excdg. $24 : recoverable as aforesaid. So soon as the C. and jurors shall have assembled the C. shall administer to each of the jurors the following oath :— You shall diligently inquire and true presentment make on the behalf of our Sovereign Lady the Queen, when, where, how, and after what manner (here name the deceased if known, or if unknown state a person unknown) here lying dead came to his death, and of such other matters relating to such death as shall be lawfully inquired of by you.—So help you God. ORD 7, '73 $8 167 Inquest on immigrant. ORD 285, ’61 $ 26 Disinter- ment of body, S 4 Coroner to summon jury. When inquest unnecessary. $5 Juror fail- ing to attend. § 6 Juror’s oath, ORD 25, 61 S 7 View of the body. 8 16 Burial and adjourn- ment. 5 8 Witnesses, S 9 The de- fence. S$ 10 Witness in default. S 11 Medical witness. 176 MAGISTERIAL LAW. The jurors shall then proceed to view the dead body, and shall inquire when, where, how, and after what manner the deceased came by his death, and also whether any person is criminally concerned in the cause of such death. : After the dead body shall have been viewed (s. 7), it shall be buried by order of the C., and the inquest may thereafter be adjourned by the C., if he shall see fit, from place to place, and from time to time, until the whole of the evidence touching and concerning the death of the deceased, and the cause thereof, shall be obtained. The C. may summon witnesses and examine them upon oath, touching the matter of the inquisition, and shall take down their evidence in writing, to be distinctly read over to’and subscribed by each witness in the presence of the C. and jurors. Every person, charged with having caused the death of the deceased, or with having been ace. thereto, shall be at liberty to attend and to cross-examine each witness produced against him, as well as to produce witnesses in his defence; and every witness produced for the defence shall be sworn, and his ex- amination shall be taken down by the C. If any person, summoned as a witness at any inquest, shall neglect or refuse to appear at the time and place appointed by the said summons, and otherwise to comply with the same, and if no just excuse shall be offered for such neglect or refusal, then (after proof upon oath of such summons having been served upon such person either personally or by leaving the same for him with some person at his place of abode) the C. may issue a warrant to bring such person before him and the jury to testify as aforesaid, and if on the appearance of the person so summoned, either in obedience to the said summons, or upon being brought by warrant, such person shall refuse to be examined upon oath concerning the premises, or shall refuse to take such oath, or, having taken such oath, shall refuse to answer such questions concerning the premises as shall be then put to him, or shall refuse to produce any document which he may be summoned to produce, or shall refuse to subscribe his deposition, the C. may by warrant commit the person so refus- ing to any common jail for not excdg. 7 days, unless he shall in the meantime consent to be examined and to answer, or to produce such documents, or to subscribe his deposition. Whenever upon the summoning or holding of any C.’s inquest it shall appear to the C. that the deceased person was attended at his death, or during his last illness, by any legally qualified Med. Prac., the C. may issue his order for the attendance of such Prac. as a witness at such inquest; and if it shall appear to the C. that the deceased person was not attended at, or im- mediately before, his death by any legally qualified Med. Prac. ‘ CORONERS. 177 the C. may issue such order for the attendance of any legally qualified Med. Prac., in actual practice in or near the place where the death has happened; and the C., either in his order for the attendance of the medical witness, or at any time between the issuing of such order and the termination of the inquest, may direct the performance of a post-mortem examination, with or without an analysis of the contents of the stomach or intes- tines, by the medical witness, or witnesses. If any person shall state upon oath before the C., that, in his belief, the death of the deceased individual was caused partly, or entirely, by the improper or negligent treatment of any Med. Prac., or other person, such Med. Prac. or other person shall not be allowed to perform, or assist, at the post-mortem. Whenever it shall appear to the greater number of the jurors, sitting at any C.’s inquest, that the cause of death has not been satisfactorily explained by the evidence of the Med. Prac., or other witness, or witnesses, who may be examined in the first instance, such greater number of the jurors may name to the C. in writing, any other legally qualified Med. Prac. or Pracs., and require him to issue his order for the attendance of such last mentioned Med. Prac. or Pracs. as a witness or witnesses and for the performance of a post-mortem examination with or without an analysis of the contents of the stomach, or intestines, whether such an examination has been performed before or not. Tf the C. having been thereunto required shall refuse to issue such order he shall be deemed guilty of misd. :— Fine, on conviction before any Inf. or Sup. Crim. Court, not excdg. $240, or impr., not excdg. 6 months. To every legally qualified Med. Prac. attending to give evidence under this ord. at any C.’s inquest whereat no post-mortem ex- amination has been made by such Prac. ... aa in ie For the making of a post-mortem examination of the body of the deceased, either with or without an analysis of the contents of the-stomach or intestines, and for attending at the C.’s inquest to give evidence thereon in addition to the foregoing ... .-. $10 $5 N.B.—No mileage or travelling expenses to be allowed, but in special cases it shall be lawful for the Gov. to order the payment to any such Med. Prac. of such extra remuneration for travelling expenses or other- wise, as he shall deem just and reasonable. The C.’s direction must be given before the post-mortem examination is made (s. 13). No remuneration is allowed to the Med. Officer of any public hospital, jail, alms-house, lunatic asylum, or other public insti- tution in case of inquest therein. Where any order for the attendance of any Med. P. as afore- said shall have been personally served upon such P., or, where any such order, not personally served, shall have been received by any Med. P., in sufficient time for him to have obeyed such « ORD 25, '61 Post-mortem, Who may not perform. § 12 When additional medical evi- dence may be obtained. Misdemeanor of Coroner. Remunera- tion of Med. Prac. § 14 Excep- tion. 8S 15 Med. Prae, fail- ing to obey Coro- ner’s order, ORD 25, ’61 8 17 Caution to accused, Statement of Ditto, $ 18 Verdict. 5 19 Of mur- der or man- slaughter, 178 MAGISTERIAL LAW. order, or, where any such order has been served at the residence of any Med. P., and, in every such case where any Med. P. has not obeyed such order :— Fine for such neglect or disobedience, $48, upon complaint by the C. or any 2 of the jury before any St. or Sp. J. P. having jurisdiction in the County where the inquest was held, or where such Med. P. resided, unless such Med. P. shall show good and sufficient cause, After the evidence on the behalf of the Crown shall be closed, the C., in the event of any accused person being present, shall say to him these words, or words to the like effect: ‘‘ Having heard the evidence, do you wish to say anything? You are not obliged to say anything umless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you, and you are clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of gutlt, and whatever you may now say may be given in evidence against you hereafter, not- withstanding such promise or threat,” and whatever the accused shall then say shall be taken down in writing, and read over to him by the C., and kept with the depositions of the witnesses, and shall be transmitted with them (s. 21), and afterwards, upon the trial of the accused, the same may, if necessary, be given in evidence against him, without further proof thereof, unless it shall be proved that the C., purporting to sign the same, did not in fact sign the same. Nothing herein shall prevent the Att.-Gen. or other public prosecutor in any case from giving in evidence, any admission or confession, or other statement, of the person accused, or charged, made at any time, which by law would be admissible as evidence against such person. After the whole of the evidence shall be closed, and the statement of the accused (if any) taken down, the C. shall sum up the evidence, and then proceed to take the verdict of the jury, the finding of the majority being, for such purpose, sufficient, and such verdict shall be thereupon reduced into writing, and signed by the jurors finding the same, and coun- tersigned by the C. If the C.’s jury shall find a verdict of murder, or man- slaughter, against any person, the C. shall forthwith make out his warrant for the committal of such person, to any common jail, for trial at the next Sup. Cr. C. for the county within which the inquest was taken ; and thereupon, such person, if then present, shall be forthwith conveyed to such jail, or, if absent, may be apprehended under such warrant and conveyed. CORONERS. 179 Tn every case in which a C.’s jury shall have found a verdict of manslaughter against any person, the CO. before whom the inquest was taken, may accept bail, if he shall think fit, with good and sufficient sureties for the appearance of the person charged at the next Sup. Crim. C. for the county within which the inquest was taken ; and, thereupon, such person, if in cust., shall be discharged. In every case, in which a C.’s jury shall have found a verdict of murder, or manslaughter, against any person, the C. shall bind, by recognizance, every witness who shall have been ex- amined at the inquest, to appear at the next Sup. Cr. C. at which the accused is to be tried, to give evidence; and the said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the C.;. and the several recognizances so taken, together with the depositions, the statement of the accused, and the recognizance of bail (if any) shall be transmitted by the C. to the Att.-Gen. If any such witness shall refuse to enter into any such recognizance, the C, may by his warrant commit him to any common jail, to impr. until after the trial of the accused, unless in the mean- time such witness shall duly enter into a recognizance before some J. P. If upon the trial of any person, against whom a C.’s jury shall have found a verdict of murder or manslaughter, it shall be proved by the oath of any credible witness that any person whose deposition shall have been taken at the inquest is dead, or absent from the Colony, or so ill as not to be able to travel, then, if such deposition purports to be signed by the C. before whom the same purports to have been taken, it shall be lawful to read such deposition. as evidence, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the C. purporting to sign the same. Every person committed or on bail under any verdict of a C.’s jury is entitled to copies of the depositions and of the statement of the accused (if any), on payment of the usual fees. (See Inpictanie Orrences, ord. 29, '50, s. 19, p. 67.) All inquisitions (except such as relate to persons committed for trial) shall be transmitted by the respective Cs. to the P. Mag. of G., and a return thereof shall be by him submitted to the Gov. once in each quarter of the year. ~ , As to description of person having one name only, etc., in inquisitions, sce ord. 3, ’47, s, 10, “Sup. Crim. Proc.,” tit. “ INDICTMENT,” p. 83. In all questions of form and practice which may arise on any C.’s inquest not herein provided for, the C. shall follow as nearly as possible the forms and practice which would be adopted in England under similar circumstances. (See “ Jervis on Coroners,” 8rd ed., ’66, by His Hon. Mr. Justice Lovesy.) ORD 25, ’61 $ 20 Bail, S$ 21 Recogni- zances of wit- nesses. Inquisition etc. —transmis- sion of, on com- mittal for trial. § 22 Deposi- tion of dead or absent witness, S 23 Copies of depositions. § 24 Inquisi- tions, trans- mission of— where no com- wittal for trial. $ 27 English practice to be observed. ORD 26, ’61 8 28. 5S 29. 5 30. 531, ORD 20, '66 § 29 Breach of by-laws. 180 MAGISTERIAL LAW. The fees are payable out of the ‘‘ contingency fund.” The forms annexed are to be used. Procedure—ord. 19, ’56. “S.J. P.’—Mag. of G. and Sups. of Rivers, ete. CUMINGSBURG (N.W.) BY-LAWS. Ord. 20, ’66. The Mayor, etc., previously to selling lots under s. 24, may frame by-laws for regulating the erection of buildings in the said Cumingsburg, N.W. district, stating in what manner, with what materials, and under what restrictions and conditions such buildings are to be constructed; for regulating the due enclosure of lots, and the sewage and drainage of the dist., and the dimensions, form, and mode of construction, and the keeping up, cleansing, and repairing of the drains, trenches, pipes, and other means of communication with sewers and the apparatus connected therewith; for the emptying, cleansing, closing, and filling up of cess-pools and privies; and for other works of cleansing, and for removing and disposing of refuse ; and for regulating the level, width, surface inclination, and the material of the pavement and roadway of the streets, lanes, and alleys thereof. No by-law shall be of any force or effect unless and until the same shall be approved by the Gov. and C. of P.; who, before approval, may alter or amend the same. All by- laws, when approved, shall be published in the O. G. for general information, and when so published shall be binding upon, and be observed by, all parties whom they may concern. Every person committing a breach of any of the said by-laws— Fine, not excdg. $10; fine for continuing offence, not excdg. $5 for each day after notice of the breach from the T. Sup. The production of a printed copy of the O. G. containing such by-laws shall be evidence thereof. Summary procedure under ord. 19, '56, in the name of the T. C. Money recovered payable to town funds under ord. 5, '72, by Rec.-Gen. CUSTOMS. 181 CUSTOMS. Ords. 15, 68; 5, 72; 16, 54; 12, 55; 10, 56; 18, ’72; and Tax Ord. By s. 39 of the Tax Ord. (6, ’75), in default of payment, when due or demanded, of any of the taxes or dues, imposed thereby, or the Tax Ords. of ’73 and °74, or of any promissory note allowed thereby, or by the said ords., to be given for duties, the same, when otherwise not specially provided for, shall be recoverable by the Rec.-Gen. by summary exe- cution. All fines, penalties, forfeitures, and seizures, incurred, or made, under ord, 16, ’54 (customs), or 14, 55 (excise), are to be summarily recover- able under ords. 19, ’66 and 3 and 5, ’68—wwhatever may be the value or amount—without prejudice, however, to the Superior Civil or Admiralty Courts, or the Att.-Gen. or Adv.-Gen., who may sue, prosecute, and re- cover, as if this ord. had not been passed. Fines, etc., are recoverable under ord. 16, ’54, by the Controller, or Sub.-C., or any Customs officer authorised by either of them, or any police officer, constable, or revenue officer; and under ord. 14, ’55, by same parties, and in addition by the Commissary. In respect of fines, etc., over $240 in amount, or value, the previous authority in writing of the Att.-Gen. or Adv.-Gen. is required. On summary recovery of fines or penalties—and (s. 7) out of the gross proceeds of forfeitures or seizures—a primary deduction of 10 p. c. of the gross amount is to be made by the Rec.-Gen., on behalf of the Revenue Defence Fund, the balance being apportionable by him under ord. 5, °72. Shares of fines, etc., payable to the Gov., to be in future paid aver to the credit of the said fund. The fund, under direction of the Gov., is to be applied to providing the officers of C. Customs, Commissaries, Revenue officers, and all other officers and servants of the C. Government engaged in the collection and protection of the revenue, with legal advice and assistance, and in de- fraying, on their behalf, the costs of legal proceedings, where, in the opinion of the Gov., the public interest is concerned. The Rec.-Gen. may, upon the warrant or order of the Gov., pay such sums as the Gov. shall direct. The officer into whose hands the gross amount of any fine, penalty, or forfeiture, recovered and realized under any law now or hereafter in force may come, shall pay the same to the C, Rec.-Gen., who shall deduct 10 p. ¢. thereof for the benefit of the Revenue Defence Fund. After such deduction (s. 1), and further deduction of all costs and expenses whatever, the nett proceeds of all fines, penalties, and forfeitures, shall be appropriated as follows:—An amount, not excdg. one-half of such nett proceeds, shall be divided among the persons concerned in prosecuting, seizing, or giving information, or assistance, in the matter, and in such proportions as may be determined under s. 3, and the re- mainder shall go to the Crown. The amount to be divided, not excdg. one-half as aforesaid, and the proportions of every such division, shall be determined by a Board to be appointed by the Gov.; and in all cases with respect to which no such appointment shall have been made, by the Excise Board (under ord. 25, 68, sce “ EXCISE”). No determination of any Board to be valid, until approved of by the Gov. ; = TAX ORD Summary exe- cution. ORD 16, '68 8 4 Summary jurisdiction under Customs and Excise Ords. S$ 5 Who may prosecute there- under. Fiat prosecutio. § 6 Revenue Defence Fund. 8 8 Fines pay- able to fund. $9 Legal fund. ORD 5, "72 $1 Payment of fines, etc, 8 2 Appropria- tion of tac etc., less 10 p. ¢, S 3 Board for division of re- ward money. ORD 16, '54 $6 Exemption of officers from juries, etc. § 14 Inland carriage, or navigation. Forfeiture, § 16 Ships in port, ete. § 17 Officers may remain on board, etc. 182 MAGISTERIAL LAW. No person serving under this ord. shall, during such service, be compelled to serve in any corporate or parochial or other public office or employment, or to serve on any jury or inquest, or in the militia, any law, usage, or custom to the contrary notwithstanding. The duties upon all goods brought or imported or exported by land or inland navigation, to be the same as the duties on the like goods imported or exported by sea: If any goods shall be brought or imported or exported contrary hereto, or, if any goods so brought or imported or to be exported, shall be re- moved from the station or place appointed for the examination of such goods, before such examination shall have been made, and before all duties payable thereon shall have been paid ; such goods shall be forfeited, together with the vessel, boat, or car- riage, and the horses or other cattle, in or by which such goods shall have been so imported or brought by land or inland navi- gation, or so removed. Any officer of C. Customs may board any ship in any port in B. G., and rummage and search all parts of such ship; and also go on board any ship found or discovered within 3 miles of any of the coasts of B. G., and in either case freely stay on board such ship so long as she shall remain in such port, or within such distance, and examine the master touching the cargo and voyage; and if any such last mentioned ship be bound elsewhere, and shall remain for the space of 24 hours after the master shall have been required by such officer to depart, such officer may bring such ship into port, and search and examine her cargo; and if there be any goods on board, intended to be landed without the payment of the duties thereon, and, if the master shall not satisfactorily account for the same, and for such ship remaining within 3 miles as aforesaid, such goods shall be forfeited :— Fine on the master not truly answering questions, not less than $50; nor more than $500—summary offence, ord. 15, °68, p. 181. The proper officers of C. Customs may board any ship ar- riving at any port, and freely stay on board, until all the goods, laden therein, shall be duly delivered from the same, and shall have free access to every part of the ship, with power to fasten down -hatchways or entrances to the hold, and to mark any goods before landing, and to lock up, seal, mark, or otherwise’ secure any goods on board such ship; and if any place, or any box, or chest, be locked, and the keys be withheld, such officers, if they be of a degree superior to that of aidwaiter, may open any such place, box, or chest; and if they be aidwaiters, or only of that degree, they shall send for their superior officer, who may open or cause to be opened any such place, box, or. CUSTOMS. 188 chest. Any goods found concealed on board any such ship shall be forfeited ; and if the officers shall place any lock, mark, or seal upon any goods on board, and such lock, mark, or. seal be wilfully opened, altered, or broken before due delivery of such goods, or conveyed away ; or if the seals, tapes, or locks placed upon any hatchway or other entrance to the hold by the proper officer, be wilfully broken, opened, or removed— Fine on the master of such ship, not less than $50, nor more than $500—summary offence. The master of every ship, whether laden or in ballast, shall, directly after his arrival, and before bulk be broken, make due report of such ship in the form provided, or to the same effect, and containing the several particulars indicated or required thereby, at the office of the Controller of C. Customs ;—And such master shall, at the time of making such report, answer all such questions relating to the ship, cargo, crew, and voyage as shall be put to him by such Controller :— Fine on default to report, or answer questions, or answer truly, not less than $50, and not excdg. $500—summary offence. No goods shall be unladen from any ship, or be landed or put on shore, on Sundays or holidays, except by special per- mission of an officer of C. Customs, nor shall they be so landed or put on shore on any other days, except between the hours of 6 a.m. and 6 p.m., or as may be appointed by the Gov. Goods intended to be warehoused shall not be unladen from the ship or brought to the warehouse for that purpose, later than 4 p.m. No goods shall be unladen, or landed, unless with the written or other authority of the proper officer of C. Customs, nor shall any goods, if intended to be warehoused, after having been unladen, or put into any boat or craft to be landed, be tran- shipped, or removed into any other boat or craft, previously to their being landed, without the permission of the proper officer of C. Customs; and if any goods shall be unladen, landed, tran- shipped, or removed contrary hereto, the same shall be forfeited, together with the barge, lighter, boat, or other vessel employed in removing the same. No goods shall be unladen, or waterborne, from any ship, except at some place at which an officer of C. Customs is appointed to attend the unlading of goods, or for which suffer- ance shall be granted by the Controller, or other principal officer, for the unlading of such goods; and no goods shall be so un- laden except with the permission in writing of the proper officer ; and all goods unladen, or waterborne, contrary hereto, shall be forfeited. The importer of any goods liable to duties shall, before any ORD 16, *64 $19 Master to make report on arrival. And to answer questions. §$ 20 Hours for discharging cargo, Warehousing goods. Forfeiture. 5 21 Where goods to be un- laden, Forfeiture. § 22 Bill of Entry. ORD 16, 54 ‘ Duties to be paid at the time § 23 Entry by bill of sight. § 24 Goods short valued. Detention, 184 MAGISTERIAL LAW. unlading thereof, deliver to the Controller, and to the Rec.- Gen., a Bill of Entry thereof, in the form provided, or to the same effect, together with a duplicate of the same. And such person shall at the same time pay to such Ree.-Gen. all duties upon the goods; and upon such payment a warrant shall be granted by the Controller for the unlading of such goods. If any such Bill of Entry shall be false— Fine on the importer, not less than $100, and not excdg. $500, and such goods shall be forfeited and may be seized by any person duly authorised to make seizures—summary offence. If the importer of any goods shall make and subscribe a declaration before the Controller, or other proper officer, that he cannot, for want of full information, make perfect entry thereof, it shall be lawful for such Controller, or other proper officer, to receive an entry by bill of sight for the packages or parcels of such goods, by the best description which can be given, and to grant a warrant thereupon, in order that the same may be landed at the C. B. Warehouse, or at such other place as he may ap- point, at the expense of the importer, and such packages or parcels may be seen and examined by such importer, in the presence of the proper officer; and within 3 days after the goods shall have been so landed and examined, the importer shall make a perfect entry thereof, and pay all duties thereon, and if the importer shall not within 1 month after such landing make perfect entry of such goods, and pay the duties thereon, together with charges of removal and warehouse rent, or enter the same for further warehousing, such goods shall be sold for the payment thereof, and the overplus (if any) shall be paid to the proprietor of the goods. If upon the examination of any goods entered for duty which are chargeable with duty upon the value thereof, it shall appear to the officers of the C. Customs that such goods are not valued according to the true value thereof, or that they are properly chargeable with a higher rate, or amount of duty, than that to which they would be subject according to the value thereof, as described in the entry, such officers may detain the same, in which case they shall forthwith give notice in writing of such detention to the person entering the same, and of the value of such goods as estimated by them, either by delivering such notice personally, or by transmitting the same by post, addressed to him at his place of abode as stated in his entry; and the Controller shall, within 7 days after the detention of such goods, determine either to deliver such goods on the entry of such person, or to retain the same for the use of the Colony, in which latter case he shall cause the value, at which the goods were so entered, together with an addition of 10 p. c., and the duties already paid on such entry, to be paid to the person CUSTOMS, 185 entering the same in full satisfaction for such goods; or shall permit such person, on his application for that purpose, to amend such entry, at such value, and on such terms, as he may direct ; and if the Controller shall retain such goods he shall aud may dispose of them for the benefit of the Colony; and if the proceeds arising therefrom in case of sale shall exceed the sums so paid and all charges incurred by the Colony, one moiety of such surplus shall be paid to a separate fund at the disposal of the Gov., and such sum shall be distributed by him at such periods and in such proportions to or amongst such meritorious officers of C. Customs as he shall select as most deserving, and the other moiety shall be accounted for as im- port duties. No entry shall be required in respect to the baggage of passengers, which may be examined, landed, and delivered as the Controller may direct; but if any prohibited or dutiable goods shall be found concealed therein, either before or after landing, the same shall be forfeited. No entry nor any warrant for the landing of any goods, or for the taking of any goods out of any warehouse, shall be deemed valid, unless the particulars of the goods and packages in such entry shall correspond with the particulars of the goods and packages purporting to be the same in the report of the ship, or in the certificate or other document, where any is re- quired, by which the importation or entry of such goods is author- ised, nor unless the goods shall have been properly described in such entry by the denominations and with the characters and circumstances according to which such goods are charged with duty, or allowed to be imported; and any goods taken or delivered out of any ship or out of any warehouse by virtue of any entry or warrant not corresponding or agreeing in all such respects, or not properly describing the same, shall be deemed to be goods landed or taken without due entry thereof, and shall be forfeited. Ord. 18, ’72 is substituted for this s. If the importer of any goods shall not within fourteen days (exclusive of Sundays and holidays) after the arrival of the ship importing the same, make perfect entry, or entry by bill of sight, of such goods, or if having made such entry, he shall not allow such goods to be landed within such fourteen days, or within such further period as the Controller shall. direct, the C. may grant a permit to the master of the ship to convey such goods to a B. warehouse, there to remain for due entry. And if the duties due upon any goods so conveyed to a B. warehouse shall not be paid within three months afterwards, or within such further period as the C. may direct, together with all charges of warehouse rent, such goods may be sold ORD 16, ’54 $ 26 Pas- sengers’ luggage. Forfeiture. 8 27 Goods to be properly de- scribed. Forfeiture. 8 30. ORD 18, '72 $1 If entry not made within stated time after arrival, ete. If duties not paid within stated time, ORD 18, '72 Quarantine. Earlier period for discharge of cargo. ORD 16, '54 § 37 Goods not warehoused after entry, or notshipped when cleared. $ 38 Goods taken out of warehouse with- out due entry. Where officer convicted, § 48 Goods not to be shipped ou Sundays, etc. 186 MAGISTERIAL LAW. and the produce thereof applied, first to the payment of freight and charges, next of duties and warehouse rent, and the over- plus, if any, shall be paid to the owner of the goods on his application for the same; but if such goods or any of them shall be of a perishable nature, the Controller may direct the same to be sold forthwith, and shall apply the proceeds in like manner: Provided always, that, for this purpose, if the im- porting ship and goods be liable to the performance of quarantine, the time for entry and landing of such goods shall be computed from the time at which such ship and goods shall have been released from quarantine: and that if a term of forty-eight hours, or any earlier period after the report of the ship, is specified in the bills of lading for the discharge of her cargo or any part thereof, and the importer, owner, or consignee of such goods, or his agents, shall neglect to enter and land the same within such forty-eight hours or such earlier period, at any port or place approved by the C., the master, owner, or agent of such ship may immediately on the expiration of such forty- eight hours or such earlier period, convey such goods toa B. warehouse, or any other place to be named by the C. If any goods, entered to be warehoused, shall not be duly carried into and deposited in the warehouse, or shall afterwards be taken out of the warehouse, without due entry and clearance, or, having been entered and cleared for exportation from the warehouse, shall not be duly carried and shipped, or, after being shipped, shall be relanded, except with the permission of the proper officer, such goods shall be forfeited. If any goods shall be taken out of any warehouse, without due entry of the same with the proper officer, the person hold- ing the licence for such warehouse shall forthwith pay the duties due upon such goods. Every person so taking out any goods without payment of the duty ; or who shall aid, assist, or be concerned therein ; and every person who shail wilfully waste, spoil, or destroy any goods duly warehoused— Fine—treble the value of the goods and of the duty thereon, and also not less than $100, nor more than $500. Summary offence. If such person shall be an officer of Customs, not acting in the due execution of his duty, and shall be prosecuted to conviction by the importer, consignee, or proprietor of such goods, no duty shall be payable for or in respect of the same, and the damage occasioned by such waste, destruction, or spoil, shall with the sanction of the Gov. be repaid or made good to such importer, ete., by the Rec.-Gen. No goods shall be laden on board any ship for exportation on Sundays or Holidays, except by special permission of an CUSTOMS. 187 officer of Customs, and any goods laden contrary hereto shall be forfeited, and may be seized by any officer authorised to make seizures. Any person exporting goods, not being warehoused or draw- back goods, whether the same shall be liable to export duty or not, shall give notice thereof in writing to the Controller within 24 hours after the shipment of the same, and shall before the clearance of the ship in which such goods are to be exported, deliver to the Controller, and to the Rec.-Gen. if the same shall be liable to duty, a bill of entry thereof in the form provided or to the same effect, together with a duplicate of the same: And such person shall pay to such Rec.-Gen. all duties due, if any, upon the goods. If any such goods shall be shipped without such notice, or if any such bill of entry shall be false— Fine on exporter, not less than $100, and not excdg. $500, and such goods shall be forfeited, and may be seized by any officer authorised to make seizure—summary offence. a If any goods which have been cleared to be exported for drawback shall not be duly exported to parts beyond the seas, or shall be relanded in any part of this Colony, such goods not having been duly relanded or discharged as short-shipped under the care of the proper officer, shall be forfeited, together with the vessel, and every boat or craft which may have been used in relanding such goods. Every person by whom, .or by whose assistance, or order, such goods shall have been so relanded, or who shall receive, conceal, or harbour any such goods so cleared to be exported, or so relanded— Fine, not less than $100, and not excdg. $500—summary offence, All goods, ships, vessels, boats, carriages, and cattle, liable to forfeiture under any ord. or law relating to duties on goods, may be detained or seized by any officer of Customs, or any person employed for that purpose by the Controller, or any Mag., officer of police, or constable: such ‘officer of police or constable shall be bound forthwith to give notice of such de- tention or seizure to the nearest Mag. or officer of Customs. Power under a writ of assistance of Sup. Civil or Adm. Courts for any officer of Customs, with an officer of police, to enter any building or other place in the day time, and to search for and secure any goods, etc. If any person shall, by force or violence, assault, resist, oppose, molest, hinder, or obstruct any officer of Customs or other person employed as aforesaid, in the exercise of his office, or any person acting in his aid or assistance— Impr., with or without h. 1, not exedg. 2 yrs, and fine; and further impr. till fine paid, and to find sureties for keeping the peace for such term and to such amount as to the Court shall seem meet—indictable offence. ORD 16, '54 § 49 Notice of export of goods. S 56 Goods on which drawback’ is claimed if re- landed, to be forfeited. $8 57 Who may #e1Z0, Magistrate may seize, Report to Magistrate. § 57 Writ of assistance. $ 59 Resisting Customs officers, ORD 16, '54 & 60 Collusive seizure or neg- lecting to seize. 8 61 False declaration or other instru- ment, 62. 8 63 Vessels, etc., conveying forfeited goods, Persons aiding. 188 MAGISTERIAL LAW. If any ogficer of C. Customs, or any person authorised to make seizures, shall make any collusive seizure, or deliver wp, or make any agreement to deliver up, or not to seize, any goods, ship, vessel, boat, or other matter or thing liable to forfeiture, under any ord. or law relating to duties on goods ;—Or shall take any bribe, gratuity, recompense, or reward for the neglect or non-performance of his duty— Fine, not less than $500, and not excdg. $1000—summary offence. Every person who shall give or offer, or promise to give or pro- cure to be given, any bribe, recompense, or reward to, or shall make any collusive agreement with any such officer or person as aforesaid, to induce him in any way to neglect his duty, or to do, conceal, or connive at anything whereby the provisions of any such ord. or law as aforesaid may be evaded— Fine, not less than $500, and not excdg. $1000—summary offence. If any person shall make and sign any false declaration ;—Or make or sign any declaration, certificate, or other instrument required by this ord. to be verified by signature only, the same being false in any particular ;—Or if any person shall make or sign any declaration made for the consideration of the Controller, on any application presented to him, the same being untrue in any particular ;—Or if any person required by any ord. or law relating to the C. Customs to answer questions put to him by the proper officers, shall not truly answer such questions ;—Or if any person shall counterfeit, falsify, or wilfully use when counter- feited or falsified, any document required by any ord. or law relating to the C. Customs, or by or under the directions of the Controller ; or any instrument used in the transaction of any business or matter relating to the C. Customs ;—Or shall fraudu- lently alter any document or instrument—Or counterfeit the seal, signature, initials, or other mark of or used by the officers of the C. Customs, for the verification of any such document or instru- ment, or for the security of goods, or for any other purpose in the conduct of business relating to the C. Customs, or under the contrel or management of the Controller or other officers of C. Customs— Fine on every person so offending, not less than $50, and not excdg., $500—summary offence. Wherever any parts or portions of any goods shall be for- feited, the whole to be forfeited. All vessels, boats, carriages, and cattle made tse of in the removal of any goods liable to forfeiture under any ord. or Law relating to duties on goods, shall be forfeited. Every person who shall assist or be otherwise concerned in the unlading, CUSTOMS. 189 landing, or removal, or in the concealing or harbouring of such goods, or into whose hands or possession the same shall knowingly come— Fine, treble value thereof, or not less than $50, and not excdg. $500, as may be directed by the Gov. and C. of P.—summary offence. The averment, in any action, information, or libel for the recovery of such penalty, of such direction to sue for the sum mentioned in such action, information, or libel, shall be deemed sufficient proof of the direction, without any evidence of such fact. All ships and boats belonging wholly or in part to H. M.'s subjects, having false bulkheads, false bows, double sides or bottoms, or any secret or disguised place whatsoever, adapted for the purpose of concealing goods, constructed in such ships or boats, or having any hole, pipe, or device in or about such ships or boats adapted for the purpose of running goods, shall be forfeited. All foreign ships or boats coming into any port of this Colony having on board any goods liable to the payment of duties, or prohibited to be imported into this Colony, con- cealed in false bulkheads, false bows, double sides or bottoms, or in any secret or disguised place whatsoever, constructed in such ships or boats, shall be forfeited. If any ship or boat whatever shall be found within the limits of any port in the Colony with a cargo on board, and such ship or boat shall afterwards be found light, or in ballast, and the master is unable to give a due account of the port or place within the Colony where such ship or boat shall have legally discharged her cargo, such ship or boat shall be forfeited. Ord. 12, ’55 merely repeals ss. 66 and 67. Any officer of Customs, or other person acting in his aid, or duly employed, for the prevention of smuggling, may upon reasonable suspicion, stop and examine any cart, waggon, or other means of conveyance, for the purpose of ascertaining whether any smuggled goods are therein contained. If no such goods shall be found, the officer, or other person, so stopping and examining such cart, waggon, or other conveyance, having had probable cause to suspect that such cart, etc., had smuggled goods contained therein, shall not, on account of such stoppage and search, be liable to any prosecution or action at law on account thereof. All persons driving or conducting such cart, etc., refusing to stop or allow any such examination when required in the Queen’s name— Fine, not less than $23, and not excdg. $50. All goods, ships, vessels, boats, and other matters or things seized as forfeited hereunder or under any law relating to duties on goods, shall be deemed to be condemned, and may be dealt 14 ORD 16, ’54 Evidence, S 64 English vessels with false bulkheads. Foreign ditto. S 65 Vessels discharging cargo un- accounted for. ORD 12, ’55 ORD 16, 54 S 68 Customs officers em- powered to stop and examine vehicles, “ Probable cause,” § 69 Goods, vessels, and vehicles seized, unless claimed, to be held con- demned, ORD 16, 54 Claim, 5 70. § 71. SS 74-76. S177. 8 78, 879. 8 80. 88 81, 82. 8 83 Interpre- tations. ORD 14, ’61 § 1 Reprints. S 2 Duty. 8 3 Value. 84 S 5 Violation of ord. 190 MAGISTERIAL LAW. with as if seized and condemned for a breach hereof: Unless the person from whom the same shall have been seized, or the owner of them, or some person authorised by him, shall, within 1 cal. month from the day of seizing the same, give notice in writing to the Controller of C. Customs that he intends to claim the same. Articles seized to be taken to the nearest Custom House. Procedure—sce above, ord. 15, ’68, p. 181. 8S. 73 repealed. Relate to Claims—apparently before the Superior Courts only. Gives Customs officers the benefit of the Protection Ord., 31, ’50. (See “ AOTIONS AGAINST JUSTICES,” etc., Introd., p. xvii. Penalties and proceeds of forfeitures to be paid to Rec.-Gen., and divided—one-third to Colony, one-third to Revenue Defence Fund, and one-third to party detaining or seizing. (See ords. 15, ’68 and 5, ’72, p. 181.) . Limitation of actions or suits for the recovery of penalties or forfeitures, 2yrs. This does not apply to prosecutions, which come under ord. 19, ’56. é In default of payment of penalty or forfeiture by master, or person in command of ship: 1st offence—impr., not less than 6 nor more than 9 months ; 2nd_offence—alternative punishment, of penalty or forfeiture, or impr., with h.1, not less than 6 nor more than 12 months. (This apparently applies to Civil proceedings only, under s. 79. Sve above for prosecutions. ) Power for Gov. to restore goods, etc., detained or seized as forfeited, and to remit or mitigate penalties, or forfeitures. ‘‘Goods ” = goods, wares, and merchandise of every kind and description. ‘Ship ” = ship, or vessel generally, unless such term shall be used to distinguish a ship from sloops, brigantines, and other classes of vessels. N.B.—The word “ Court”’ is not defined, but probably means the Sup. Civil C. The importation of all books and reviews from any country, being reprints of books or reviews first composed or written or printed or published in E., is allowed. a If the same were protected at the time in E. by the law of copyright, whether imported from the U. 8. A. or any other country, an ad valorem duty of 20 p. c. is payable on the bond fide price of such reprints, if duly registered according to the provisions of 5 and 6 Vie. (Copyright Act). A deduction of 5 p. c. is made as a remuneration fund for collecting officers. Value to be declared by the importer—bills of entry. The insp. of import duties is to keep an account of the duties, and remit the same to the proprietors of the copyright. No person to import, or bring, or cause to be imported, or brought, into this Colony, for use, sale, or hire, any reprint referred to in this ord., and hereby made liable to the duty aforesaid, contrary to the true intent and meaning hereof ;—Or knowingly to sell, publish, or expose for sale, or let for hire, or DANGEROUS GOODS. 191 have in his or her possession for use, sale, or hire, any such reprints as aforesaid—Hvery such reprint imported, sold, published, exposed to sale, or let for hire, contrary to this ord., to be for- feited and seized by any officer of the Customs and sold :— One-half of proceeds to the seizing officer, and the other half to the registered proprietor of the copyright: fine on offender, £5, and double the value of every copy of such reprint imported or knowingly sold, etc.— recoverable under ord. 19,56. One-half penalty to the officer seizing, oar ne her half to the proprietor of the copyright, apportionable under ord. 5, °72, Reprints passed to be stamped at the time of entry. DANGEROUS GOODS. Ord. 14, °72. ‘‘The Petroleum and other Dangerous Goods Ord., ’72.” The Gov. and C. of P. may proclaim in the O. G. that certain goods are specially dangerous within this ord., fix the quantities to be kept, prohibit the importation, or keeping, of such goods when of a certain degree of inflammability (with power to amend or cancel, and issue anew, any proclamation), and state the test or tests applicable to such goods, and the degree of inflammability which will render it unlawful to import or to keep such goods, and by whom to be applied. Power to Gov. and C. of P. to appoint magazines for storage of specially dangerous goods; rent for storage payable as fixed by Gov. under Tax. Ord. (See ‘‘ Exctse—Taxzs.”’) Specially dangerous goods within the ord., introduced into the Colony in greater quantities than 20 gallons, shall be landed as directed by proclamation, and stored in the magazines provided. All such goods not so landed and stored, or so introduced (if of unlawful degree of inflammability), to be seized, and on seizure forfeited. Claims may be made by the owner or his agent within 14 days from the date of the seizure. Gov. and C. of P. may proclaim the quantity of specially dangerous goods to be kept on any premises for sale, and on private fal premises :— Penalty for keeping larger quantity, $50, and forfeiture—summary offence. Seven days’ grace allowed from date of proclamation for removal of excess over amount specified ; after that, excess may be seized, subject to claims of agent or owner, within 14 days. ORD 14,’51 ~ § 6 Stamp. ORD 14, '72 $ 2 ‘‘Danger- ous goods.” S$ 3 Magazines. Claims, 8 5 Quantity allowable for le, S$ 6 Removal, ORD 14, '72 $7 Reporting. 8 8 Dangerous goods—testing. Test by of- fender. § 9 Searching for. Claims. 192 MAGISTERIAL LAW. Seven days’ grace allowed from date of proclamation for reporting to Controller of Customs possession of dangerous goods of illegal degree of inflammability, and exporting same under supervision of Controller :— In default, penalty not excdg. $100, and forfelture—summary offence. Power for Controller, if exportation within the time impracticable, to store the goods at owner’s expense in the magazines. Exportation to be made at latest within one month from the date of storage—in default, forfeiture. Any Insp. of P. [or District Commissary ; ord. 6, ’78], or any person authorised in writing by ‘such Insp. (or Com.), at all reasonable times may inspect and test all specially dangerous goods kept, offered, or exposed for sale; and if, upon such in- spection and test, any description of such goods shall be found kept, or offered, or exposed, for sale as aforesaid, contrary to this ord., or any proclamation under it, the same shall be liable . to be seized, and the person so seizing the same shall retain a sample thereof; and the person in whose possession the same shall have been found shall be liable to— Fine, not excdg. $50; on conviction the goods without other process to become forfeited—summary offence. Any such last mentioned person may at the time of trial have a portion of the sample retained as aforesaid tested by some one having competent chemical knowledge, who shall give evidence of the result of such test; and if such person shall be held liable in any penalty, the cost of such last mentioned analysis shall be added to and recovered in the same manner as the costs in the prosecution for the offence. As to claims, see 8. 9. If any officer of Customs, Insp. of P. [Dist. Com.], p. officer, or constable, shall know, or have reasonable cause to suspect that any specially dangerous goods within the meaning of this ord. are illegally kept on any premises, then and in such case, upon oath made by such officer of Customs, etc., before any 8. J. P. of the fact of such knowledge or such cause of suspicion, such 8. J. P. may by warrant under his hand, authorise such officer of Customs, etc., with or without assist- ance, to enter into and search the premises wherein he shall know or suspect such goods to be kept, and to seize the same; and the owner or person in possession of the premises on which the. same shall be found shall be liable to— Fine, not excdg. $50; and on his conviction in such penalty such goods shall without other process become forfeited—summary offence. All goods seized under ss. 8 and 9 may be claimed by the owner, or the agent of the owner, within 14 days from the date of the seizure. Dogs. 193 Nitroglycerine (including glonoine oil), and every substance having nitroglycerine as one of its components or ingredients, dynamite, and lithofracteur, may be searched for under s. 9, and, if found on board any ship or vessel, or in any place on shore within the Colony, shall be at once seized and without any process forfeited, and shall at once be destroyed. Goods forfeited for being of a degree of inflammability which renders their importation or keeping unlawful, shall be destroyed. Goods forfeited for being in excess of the quantity allowed to be kept, shall be put up to competition by the seizing officer, and sold by him to the highest bidder, after advt. for 2 weeks in the O. G. and one newspaper. Any person who, by refusing to open any door which is legally in his power to open, or in any other way shall obstruct ;—Or who in any way shall molest, oppose, hinder, or impede, any person authorised under this ord, to enter any premises or vessel, and there to search, or otherwise ascertain whether there has been any breach of this ord. ;—Or who shall remove, throw away, or destroy, or cause to be removed, thrown away, or destroyed any specially dangerous goods, in order to prevent or impede any search for or seizure of the same— Fine, not excdg. $500—summary offence. Claims to be contested summarily. Claim must state in what way the seizure is averred to be illegal—unsuccessful claimant to pay costs. Seizing party to pay costs only when the Court certifies ‘‘no probable cause” of seizure. The claim (if any) and proceeding for penalty to be before the same J.P Procedure, whatever the amount of the penalty, under ords. 19, ’56 and 8 and 5,’68. As to carrying dangerous goods by railway, see ‘‘ Ratuway.” DOGS. Ord..21, ’'72—Hydrophobia. Ss. 1-4 have become obsolete, the ords. appointing Com- missaries of T. and the Tax Ord. superseding them. (See «« Excrse—Dogs.’’) Power for the Gov., with the view to prevent the spread of hydrophobia, at any time by proclamation, applying to the entire Colony, or to any particular part thereof, and to remain in force ORD 14, '72 88 10, 11 What may be searched for under 8. 9. § 12 Disposi- tion of for- feitures, $ 13 Obstruc- tion in execution of duty. § 14 Claims, _§ 16 Jurisdic- tion. ORD 21, 72 § 5 Power of Gov. to authorise destruction of dogs. ORD 21, '72 8 6 Landing dog from ship without per- mission. 87. ORD 16, 49 81. $ 2 Colony divided into electoral divi- sions. § 3 Number of members for each division, 194 MAGISTERIAL LAW. for the time specified in such proclamation, to authorise the destruction of all dogs found at large elsewhere than in private premises, and of all dogs wheresoever found that shall be suspected of being infected with the disease, or of having been bitten by any dog, known or suspected to be or to have been ge infected. If any dog shall be landed from any ship or vessel coming from abroad, without express permission from an Insp, of P., the dog may at once be destroyed by any police officer :— Fine, on the captain of the ship or vessel, not excdg. $20—summary offence. Incorporation of Protection Ord., 81, ’50. (See “ Actions against Js. P.,” ete., Introd., p. xvii.) EDUCATION. Ordinance 1877. The Ed. had not obtained a copy of the Bill of this ord. before going to press, but if received in time, it will be found in the Appendix. ELECTIONS. Ords. 15, 49; 21, ’55; and 1, ’76. Repeal clause. The Colony shall be divided into 5 Electoral Divisions, for the purpose of the election of Members to serve in the Col- leges of Electors and of Financial Representatives respectively, viz. :— No. 1, The County of Dem., exclusive of the City of G. 2. The City of G., according to its municipal boundaries and limits, . The County of Ess. . Ditto of Berbice, exclusive of the Town of New-Am. . The Town of New-Am., according to its municipal boundaries and limits. For each of the electoral divisions there shall be returned to serve in the C. of E. and of F. R. the. number of members following, viz.:— Division. Coll, of Electors. Coll. of Fin, Rep. 1 a” ” ” ” our aR Pe me bbe bet bet PD et ELECTIONS. 195 Order in which vacancies in C. of E. and F. R. were to be filled up on first vacancies after passing of ord. Whenever a vacancy shall afterwards occur in a div., it shall be filled up without reference to other el. divs. No person shall be qualified to be elected, or eligible to sit in either of said Cs., unless at the time of election, and during the whole time of his sitting, he shall be possessed under a title by grant from the Crown, transport, letters of decree, inheritance ab intestato vel ex testamento, devise, or marriage, of not less than 80 acres of land within this Colony, 40 acres whereof shall be actually and bond fide under cultivation ;—Or of any house, or house and land, under any such title as aforesaid, or held on lease for 21 years, or upwards, in any part of said Colony, the rental or value of which per annum shall be at least $1200 ;— Or of a clear annual income of $1440, derived from any other kind of property in the Colony than hereinbefore mentioned, or from the profits of any trade or profession carried on within the Colony. No clergyman or minister of the Established Church of E. and I., nor of the E. Church of §., nor of the R. C. Church, nor of the London Miss. Soc., nor of the Wes. Soc., nor of any other Church or religious Soc. whatsoever, nor any person engaged in the ministration of any religion, or any particular tenets of any religion, or in any spiritual instruction of any kind or description whatsoever, nor any person who shall gain his living wholly or in part by, or shall practise, preaching in any manner whatsoever, nor any schoolmaster or catechist, shall be eligible to be returned or to sit as a member of either of said Cs. — Any person owning or occupying, jointly with any other person or persons, any land or house, or house and land under such title as aforesaid, shall be eligible to be elected and to sit in respect of the house, etc., so jointly possessed, etc., in case the cultivated parts of such land shall be a no. of acres, or the annual value of such house, etc., shall be of such an amount which, when divided by the number of such owners or occupiérs, shall give a qualification for each and every such owner or occupier to be elected and sit, but not otherwise. No person elected a member of either of said Cs., under this ord., shall sit or vote as a member of any such C. until lie shall have first taken before the Gov. the several oaths ap- pointed to be taken, by certain Acts of Parl. particularly referred to; And an oath that he is duly qualified according to the true intent and meaning of this ord., and the usual oath for the due execution of the office of a member of either of said Cs., as the case may be :— Penalty on refusal so to do, incapacitation from sitting or voting (the place for which such person is elected to be declared vacant and a new ORD 15, '49 & 4 Vacancies, § 5 Qualifica- tion of members, Disqualified persons. S 6 Joint owner. S 7 Oaths to be taken by members. ORD 15, ’49 § 8 General qualification of voters. $ 9 Qualifica- tions of voters in a county. Qualifications of voters in Georgetown and Amsterdam, 196 : MAGISTERIAL LAW. proclamation issued for the election of a new member to serve in such vacant place); and, if the Gov. and C. of P. think proper, fine, payable to the Rec.-Gen., of $500. Every male inhabitant, of full age, not subject to any legal disability, residing in B. G., born in the allegiance of H. M., or who, being born out of such allegiance, has resided in B. G. for the space of 3 years before any election, possessing any of the qualifications hereinafter mentioned, and who at the time of tendering his vote shall not be in arrear in the payment of taxes, whether general or local, for more than 3 months from the day on which such taxes severally became payable, shall be entitled to vote upon and for the election of any and every member of the C. of E. and of the C. of F. R. respectively, to be returned for the el. div. in which such voter’s property qualification is situated, or in the event of such voter’s qualification being other than one of those mentioned in ss. 9 and 10, then for the el. div. in which such voter shall reside. The qualifications to vote for the election of a member for a county shall be :— (1) The possession, under a title by grant from the Crown, etc., as in s. 5, of not less than 8 acres of land actually and bond fide under cultivation, and situated in the el. div. for which any such member is to be returned. (2) The possession, under any title as aforesaid, of a house or of a house and any portion of land, of the rental or value of not less than $96 per ann., and situated, etc., as in (1). (8) The occupation or tenancy of 6 acres of land actually and bond fide under cultivation, secured by lease, or any document in writing, for 3 years or upwards, and which lease or document in writing shall be deposited or recorded in the Reg.’s office of the county in which such land is situate, such land being situated, etc., as in (1). (4) The occupation or tenancy of any house, or of a house and any portion of land of the rental or value of $192 per ann., secured by lease or any document in writing for one year or upwards, deposited or recorded as aforesaid, such house and land being situated, etc., as in (1). The qualifications to vote for the election of any member for the City of G. or Town of New-Am. shall be :— (1) The possession, ete. (as in s. 5), of a house, or of a house and premises of the value of $500, as appraised for local taxa- tion, situated in the City or Town for which any such member is to be returned. (As to the efficacy of a transport, see C. J. Beaumont’s remarks in Rooksey v. R., 2 R. C., 12.) (2) The occupation or tenancy of a house, or of a house and premises, of the rental or value of not less than $120 per ann., secured by lease or any document in writing for 1 year or ELECTIONS. 197 upwards, and which lease or document in writing shall be deposited or recorded in the Reg.’s office of the County in which such City or Town is situate, such house or house and pre- mises being situate, etc., as in (1). The qualification of any person to vote, not specified as afore- said, shall be, in the el. div. in which he shall reside : — (1) The possession or enjoyment of an income or salary of not less than $600 per ann., the amount of which to be proved by the oath of the party, if required, or in any other manner which may be prescribed by law. (2) The assessment in the year of, or in the year preceding, any new election to pay direct taxes to the colonial revenue of the amount of $20 and upwards: Provided that no sum of money paid for any licence of any kind or description shall be included in or shall be considered to be within the meaning of the words “ direct taxes.”’ If any person who, if resident in the Colony, would be en- titled to vote as aforesaid, in virtue of any pl. or property in said Colony, shall be absent therefrom, he shall be entitled to vote by his agent or attorney, thereto specially authorised by letter or other document in writing, for the election of any member for the el. div. in which such pl. or property is situate. Where any land, or house, or house and premises, in any such county, city, or town, shall be jointly owned or occupied by more persons than one as owners or tenants, each of such joint owners or tenants shall be entitled to vote in the election of any such member as aforesaid, in respect of the land, house, or house and premises so jointly owned or occupied, in case the value of such land, house, or house and premises shall be of an amount which, when divided by the number of such owners or tenants, shall give a qualification for each and every such owner or tenant, but not otherwise. The premises in respect of which any person shall be entitled to be registered in any year, and to vote in the election of any such member as aforesaid, shall not be required to be the same premises, but may be different premises owned or occupied in immediate succession by such person during 6 months next previous to the day of his voting in any such election. No person shall be entitled to vote in the election of a mem- ber of either of said Cs. unless such person shall have been duly registered. Each 8. J. P., the Sec. of the M. and T. C. of G., and the Sec. of the B. of Sup. of New-Am., respectively, shall, within 6 days after the 1st Dec. of each year, cause to be fixed on or near the doors of all the churches, chapels, and police stations within his dist., and to be published in the O. G., a notice re- quiring each person within his dist, who may be entitled to vote ORD 15, ’49 $ 11 Further qualification, not within ss. 9 and 10. 5 12 Proxies. $ 13 Joint owners Or occu- piers. § 14 Premises occupied in suc- cession. S 16 Registra- tion. $ 16 (ord. 21, *55, 8. u Voters to file claims. ORD 15, ’49 Except those on the file. \ $17 (ord, 21, ‘55, 8, 2) Lists of voters to be made out by the 21st Dec. Claims ob- jected to. Lists to be signed and ex- hibited. = 28 Wee ze value of proper qualification dis- puted. 198 MAGISTERIAL LAW. in the election of any such member as aforesaid, to deliver or transmit to such §. J. P. or Sec.; as the case may be, on or before the 14th Dec. of each year, a notice of his claim as voter. After the formation of the register to be made in each year, as hereinafter mentioned, no person whose name shall be upon such register, for the time being, shall be required thereafter to make any such claim as aforesaid, so long as he shall retain the same qualification, and continue in the same place of abode described in such register. Each 8. J. P. and Sec. as aforesaid, shall, on or before the 21st Dec. of each year, make out or cause to be made out, a like list containing the names of all persons within his district, who shall claim as aforesaid to be inserted in such last mentioned list as such voters; and in every list to be made out as afore- said, the number of each voter, the date of registering, the Christian and surname of every voter, written at full length, together with the place of his abode, the nature of his qualifica- tion, and the local or other description of such lands, houses, or houses and premises, as the same are respectively set forth in his claim to vote, shall be inserted, and every such Mag. and Sec., if he shall have reasonable cause to believe that any person so claiming as aforesaid, or whose name shall appear in the register for the time being, is not entitled to vote in the election of any such member as aforesaid, shall have power to add the words ‘‘ objected to,” opposite the name of every such person on the margin of such list; And the said Mag. or Sec. shall sign such list, and shall cause a sufficient number of copies of such list to be written or printed, and to be fixed on or near the doors of all the churches, chapels, and police stations within his dist., on the 2 Sundays next after such list shall have been made, and the said Mag. or Sec. shall likewise keep a true copy of such list, to be perused by any person without payment of any fee, at all reasonable hours during the first 2 weeks after such list shall have been made and published as aforesaid. Whenever any person entitled to the exercise of the elective franchise as aforesaid, shall believe, or shall have cause to suspect, that a party claiming to vote in right of a property qualification, does not possess such qualification on the ground that such property is insufficient in value, or is not actually and bond fide under cultivation, he shall be at liberty within 10 days from the publication of said lists as aforesaid, to apply to the 8. J. P. or Sec. in whose district such property shall be situate, who shall thereupon forthwith appoint 1 disinterested person, and shall call upon the party claiming to vote to appoint a 2nd disint. person, and such 2 disint. persons shall appoint a 8rd disint. person, and such 3 ELECTIONS. 199 disint. persons shall, within 3 days after the appointment by the Mag. or Sec. as aforesaid, ascertain by their own view and appraisement the value permanent or annual, or examine the state of the cultivation of the property in virtue of which the party claims to vote, and make a return of the same to such Mag. or Sec., and the decision of the majority of such 3 disint. persons as to the value or state of the cultivation of any such property shall be final. In the event of any party claiming to vote in right of any sach property qualification, refusing to appoint within 48 hours after notice served upon him, or at his last known place of residence, or on the property in virtue of which he claims to vote, a disint. person to act on his behalf, the 8. J. P. or Sec. shall forthwith appoint 2 disint. persons, who shall choose a 3rd disint. person, and such 3 disint. persons shall, within 3 days after the last appointment by such Mag. or Sec. as aforesaid, ascertain by their own view and appraisement the value per- manent or annual, or the state of the cultivation of the property in virtue of which the party claims to vote, and make a return of the same as aforesaid, and the decision of the majority of such 8 disint. persons as to the value or state of the cultivation of any such property shall be final. No person becoming of age after the taking effect of this ord., and possessing any of the qualifications aforesaid, shall be en- titled to be registered as aforesaid in virtue of any such qualifi- cation, unless, in addition to any such qualification, he shall be able to read and write, Any 8. J. P. or Sec. as aforesaid, if he shall think proper so to do, may inquire of any person claiming to vote, whether he was of age at the time of the taking effect to this ord., viz., on the 26th of Sept., ’49, or not; and whether he is able to read or write or not; and if any person, being so interrogated, shall refuse to answer any of such questions, on oath, or to prove otherwise the truth of his answer to any of such questions, such 8. J. P. or Sec. shall refuse to register such person until he shall answer such questions and prove the truth thereof in manner and form required of him. The agent or attorney of any absentee person possessing a right to vote, thereto specially authorised by letter or other document in writing, may register, or cause to be registered, such person as a voter in the el. div. to which such voter belongs. No person shall be entitled to be registered in any year as a voter in the election of any such member as aforesaid who shall, within 12 calendar months next before the day of election, have received parochial relief or other alms. Within 4 days after any such list shall be correctly and finally ORD 165, '49 § 19 Party omitting to ap- point a dis- interested per- son, Magistrate to appoint, $ 20 Voters roust read and write. . § 21 Inter- rogatories. § 22 Registra- tion of absentees, $ 23 Paupers, S 24 District lista—trans- mission of, ORD 16, '49 § 25 (ord. 21, s ’ 55, s. 8) Alpha- betical lists. S 26 Electoral divisions lists, S 27 (ord. 21, 55, 8, 4) Lists amended, Mode of having corrections made, 200 MAGISTERIAL LAW. made up, each 8S. J. P. or Sec. as aforesaid shall transmit such list to the Reg. of Dem. and Ess. From the lists so transmitted, the Reg., according to the best of his knowledge and belief, shall, on or before the 21st Jan. of each year, prepare and make out for each of the el. divs., in alphabetical order, a correct list of every person who shall be qualified and entitled to vote upon and for the election of any member of the respective Cs. aforesaid, with the Christian name and surname ofsuch person written at full length, the true place of abode of such person, and the nature of the qualification of every such person, and if his qualification shall be in respect of any immovable property, then the situation of such property and the nature of the interest of any such person therein. The Reg. aforesaid, as soon as he shall have prepared and made out for each of the el. divs., in alphabetical order, a correct list as aforesaid, shall cause the same to be published in the Q. G., and in one other newspaper of the Colony, and in publish- ing such lists the Reg. shall take care that it shall appear therein what parties are objected to, and such publication shall be sufti- cient notice to the parties objected to ; and the Reg. shall keep at his office in G.a true copy of the lists so made and published, to be perused by any person, during office hours, without any fee or reward, to the end that notice may be given of persons qualified who are omitted, and of persons inserted who ought to be omitted out of any such lists, and such lists of voters in each of such el. divs. shall be sufficient to warrant any election being had without awaiting the correction of such lists. The Reg. aforesaid, on or before the 15th of Feb. of each year, shall insert the names of every qualified person omitted from any of such lists, and shall strike out of any of such lists the names of any person who is not qualified and entitled to vote as aforesaid, and shall reform and correct any errors or omissiong which shall appear to have been committed in respect of the name, place of abode, or the nature of the qualification of any person included in any of such lists, and shall from time to time divest each of such lists of all errors, clerical or otherwise. No person’s name, if omitted, shall be inserted in, or if inserted shall be struck out of any such lists, nor shall any error or omission in the description of any person in any of such lists be reformed or corrected, unless upon the application of such per- son, or unless such person shall have had notice that application for such purpose would be made to the Reg., or unless the Reg. shall cause notice, by insertion in the O. G., to be given to such person, requiring cause to be shown on a day to be named by the Reg., and following days, if necessary, why the name of such person should not be inserted in or omitted from any such lists, or why any such error or omission in any such list should not ELECTIONS. 201 be reformed ; and whenever any of such lists shall be so cor- rected, the Reg. shall thereupon cause notice of all amendments in the same to be forthwith published in the O. G. and in one other newspaper. Decisions of the said Reg., in respect to any matter or thing done by him under this ord., so long as the same shall remain unaltered, shall be conclusive of the rights of parties claiming or objecting as above; subject to any party, considering himself aggrieved, demanding from the Reg. a statement of the facts and reasons on which his act or decision is founded, and re- quiring him to submit the same, within 4 days after such demand, to one of the Puisne Judges, who, after hearing the parties in- terested or not, as they do or not think proper to appear, shail give his judgment, which shall be final, and the said Reg. shall alter and amend the list according to such judgment, if necessary. Of the 5 el. divs. the returning officers shall be :—for divs. 1 and 2, the P. Mag. of G.; for div. 3, the 8. J. P. of the Jud. dist. containing Suddie; and for divs. 4 and 5, the 8. J. P. of the Jud. dist, containing New-Am. Whenever a proclamation shall be published by the Gov. for the election of anysuch members, the returning officer shall fix the day of election in his el. div., which day shall not be less than 6 nor more than 10 days after the publication of such proclama- tion, and shall give due notice thereof, as well as of the place at which the proclamation shall be read and the nomination shall be received, by printed or written notices affixed on the doors of such of the churches, chapels, and police stations in his el. div. as he shall think fit, and in the O. G. At 9 a.m. of the day named by the returning officer, he shall repair to the place of nomination, and there publicly read the proclamation of the Gov. for the election ; and if no other can- didate or candidates shall be proposed for the choice of the electors than sufficient to fill the vacancy or vacancies to be filled up, he shall declare the person or persons put in nomination to be duly elected on a show of hands ; it being always competent for any registered voter of the el. dist. in which the election is to take place, to put any person in nomination, provided such voter shall first satisfy the returning officer that he is duly registered, and by taking, if required, an oath of identity ; but if more candidates shall be proposed than are required for the vacancy or vacancies, to be filled up, and a poll shall be de- manded by or on behalf of any candidate, the proceedings shall be adjourned to a particular day, not more than 8 days there- after ; and the returning officer having thus fixed one particular day on which the polls are to take place, shall forthwith appoint the polling places at which the votes are to be taken, and which ORD 15, ’49 Publication of amendments. § 28 Decision of registrar may be revised. S 29 (ord. 1, 76, 8. 1) Return- ing officers. $ 30 Day of nomination. S$ 31 Mode of election. ORD 15, '49 $ 32 Limited inquiry at the time of election as to voter's qualification, Oath to be ad- ministered, if re- quired, 202 MAGISTERIAL LAW. polling places shall not be less than 4 in any el. div., and such a number of substitutes and clerks as may be necessary to offi- ciate and assist at such of the said several polling places at which he cannot attend; and the polling shall begin at each such polling place at 9 a.m. of the day so appointed, and shall continue until 4 p.m. of the same day, when such polling shall terminate and be closed. » In every election of any such member as aforesaid no inquiry shall be permitted at the time of polling as to the right of any person to vote, except only as follows, that is to say, that the returning officer, or his substitute, shall, if required, on behalf of any candidate, put to any voter at the time of his tendering his vote, and not afterwards, the following questions, or any of them, and no other :— (1) Are you the same person whose name appears as A. B. on the register of voters now in force for div. 1 (or 2, etc.); or is A. B., for whom and in whose name you are voting, the same person whose name appears as A.B. on the register of voters now in force for div. 1 (or 2, etc.) ? (2) Have you already voted, either here or elsewhere, in this div., at this election, for a member of the C. of E. (or of F.B.); or, have youor any other person within your knowledge already voted for A. B., either here or elsewhere, in this div., at this election, for a member of the C. of E., (or of F. RB.) ? (8) Have you the same qualification for which your name is inserted in the register of voters now in force for div. 1 (or 2, etc.); or has the said A. B. the same qualification for which his name is inserted in the register of voters now in force for div. 1 (or 2, ete.) ? (4) Are you (or is A. B.) in arrear in the payment of any taxes, either general or local, for more than 8 months from the day on which such taxes respectively became payable ? And if any person shall wilfully make a false answer to any of the questions aforesaid, he shall be deemed guilty of an indict- able misdemeanor, and shall be punished accordingly; and the returning officer, or his substitute, shall (if required on behalf of any candidate at the time aforesaid) administer on oath (or, in case of a Quaker or Moravian, an affirmation) to any voter in the following form, that is to say:— “You do swear (or, being a Quaker or Moravian, do affirm) that you are the same person whose name appears as A. B. on the register of voters now in force for div. 1 (or 2) in the Colony of B.G., and that you have not before voted here or elsewhere, in div. 1 (or 2, etc.), at the present election for a member of the C. of E. (or of the F. R. of said Colony). And no voter shall, at any such election, be required to take any oath or affirmation, except as aforesaid, either in proof of his ELECTIONS. 2038 freehold or of his residence, or other qualification or right to vote ; and no person claiming to vote at any such election shall be excluded from voting thereat, except by reason of its appear- ing to the returning officer, or his deputy, upon putting such questions as aforesaid, or any of them, that the person so claim- ing to vote is not the same person whose name appears on such register as aforesaid, or that he has previously voted at the same election, or that he has not the same qualification for which his name is inserted in such register, or except by reason of such person refusing to take the said oath or make the said affirmation. Where the proceedings at any election shall be interrupted or obstructed by any riot or open violence, the returning officer, or his substitute, shall not for such cause finally close the poll, but in case the proceedings shall be so interrupted or obstructed at any particular polling-place or places, shall adjourn the poll at such polling-place or places until the following day, and, if necessary, shall further adjourn the same until such interruption or obstruc- tion shall have ceased, when he shall again proceed to take the poll at such place or places; and whenever the polls shall have been so adjourned, the returning officer shall not finally declare the state of the poll, or make proclamation of the member chosen, until the poll so adjourned, at such place or places as aforesaid, shall have been closed. Each returning officer or substitute in charge of each polling- place shall take care that the attending clerk has with him a certified copy of the alphabetical register of voters in his el. div., and shall receive the votes of all persons qualified to vote according hereto and appearing to vote, and shall record and progressively number each vote for each candidate in a poll book, and he and the clerk shall subscribe their names to each page of the said book before making or allowing to be made any entry in the succeeding page ; and the poll book or books shall at the close of the day’s polling be publicly sealed up by the returning officer or his substitute and clerk, and be taken charge of by the said returning officer or his substitute, and immediately after the poll at his polling-place is finally closed, each substitute shall forthwith seal up and transmit or deliver the said poll books to the officer acting as the returning officer for the el. div. in which and for which the said votes shall have been taken. The returning officer to whom the said poll books shall be so transmitted or delivered, shall, on the receipt of said poll books, break the seals of the said poll books, and cast up the number of votes as they appear on the said several books, and. on the day next after the receipt of said poll books (unless a Sunday or holiday, and then on the day following), shall declare from the ORD 15, '49 §$ 33 Election obstructed. S 34 Receiving votes and closing poll books, Declaration of il. ORD 15, ’49 § 36 Bribery. § 37 Proceed-_ ings on, S 38 Petition against return, $ 39 Scrutiny. 204 MAGISTERIAL LAW. place at which he shall have read the proclamation as aforesaid, the state and result of the poll, and make declaration of the member or members chosen, not later than 2 p.m. of the said last mentioned day, and shall forthwith make to the Gov. and C. of P. a return of the member or members elected, and if the votes be equal he shall make a double return, in which case the member selected by the C. of P. shall be the member elected. It shall not be lawful for any person or persons offering him- self or themselves as a candidate or candidates at any such election, before, or during, or after any such election, by himself, themselves, or his or their agent, directly or indirectly to give any public entertainment of provisions or liquor to any voter or voters whomsoever, nor to give, make over, or assign to any voter, or to the wife, child, or relation of any voter, nor to any person whomsoever in trust tor any such voter, or for his use or benefit, or in trust for or for the use or benefit of the wife, child, or relation of such voter, directly or indirectly, any sum or sums of money, office, place or emolument, gift or reward, or any promise or security for any money, office, place, emolument, gift, or reward, in order to obtain any vote or to recompense any person for any vote at any such election, or any election whatsoever. If any candidate shall do or be guilty of doing, in manner and form therein mentioned, any of the matters or things prohibited by s. 36, contrary hereto, then, upon proof of the same on petition or otherwise, to the satisfaction of the C. of P., the election ef such candidate shall be declared null and void; and in case such candidate shall have a majority of votes on the poll a new proclamation shall issue, and the candidate so offending shall be adjudged incapable of being chosen a member of either of the Cs. aforesaid during the space of two years next after such election. Any candidate or voter of the el. div. in which any election shall take place, feeling aggrieved and complaining of the undue election or return of any member to serve in the C. of E., or of F. R., or any person defending such election or return, shall be at liberty-to petition the C. of P., and to impeach the correct- ness of such election or return, and the Court shall declare the election valid or void, as the case may be, or shall make such other order as to the Court shall seem proper. Whenever the election or return of a member of the C. of E. or of F. R. shall be objected to at the declaration of the final state of the poll, and due notice thereof given to the returning officer that it is the intention of any candidate or of any voter of the el. div. in which the election shall take place to petition the C. of P. for a scrutiny on such election, such candidate or voter objecting to the return shall, within five days thereafter, ELECTIONS 205 deposit with the C. Rec.-Gen., or As. C. R. G., a sum of $240, as security for the costs, charges, and expenses to be incurred by the candidate whose election is opposed, and shall, within the said 5 days, assign and deliver a short and clear specifica- tion of the objections intended to bg relied on, and within 5 days after the delivery of such objections, clear and specific answers thereto shall in like manner be assigned and delivered by the candidate elected and objected to, to the party objecting, and of all such objections the C. of P. shall judge, and no sum- mons to any witness shall issue from the C. of P. except by order made on consideration of any such objection or answer, or except it is necessary for the further information of the C. of P. to obtain evidence as to any allegation asserted on one side and denied or disputed on the other; and on failure of such deposit and clear and specific objection within the time afore- said, such election shall be deemed unobjected to, and on failure of any clear and specific answer to any such objection within the time hereinbefore mentioned, such objection shall be deemed valid. No person to call in question or dispute, that any voter who was at the time of the election registered, was duly registered. The C. of P. may order any person to be summoned to appear before them to give evidence in any proceeding before them on a disputed election, and if any person, being served with any such order or summons, shall refuse or neglect to appear at the time and place mentioned in such order or summons, such person shall be held guilty of a contempt of the C. of P., and shall be apprehended :— Fine, to be imposed by the CO. of P., not excdg. $200; or impr., by order of the C. of P., in any jail, not excdg. 3 months; or both. Power for the C. of P. to administer to any witness any oath, ete., that may lawfully be administered in a court of justice. All summonses, etc., of the C. of P. to be served by the Pro- vost-Marshal or his deputy at a charge of 50c., and travelling fees under ord. 24, 44, now 27, '55; amended by ord. 6, ’638. If any candidate or voter after objecting to and serving notice of intention to oppose any such election or return, shall not pro- ceed to try the validity of the same, or if the petition of any such candidate shall be declared frivolous and vexatious, such candidate or voter shall be liable to pay all such costs and expenses as may have been incurred by the candidate whose election or return is so objected to, such costs and expenses to be paid by order of the C. of P. out of the money to be so deposited as aforesaid, and if the money so deposited shall not be sufficient to pay all the costs and expenses, the balance of the same shall be recovered by action in any Court of competent 15 ORD 15, '49 Registration questioned. $ 40 Court of Policy may summon wit- nesses, § 41. § 42, $ 43 Petition may be declared frivolous and vexatious. ORD 15 '49 Costs, § 44 Fictitious and fraudulent transports and leases. $ 45 Breach of duty, by officers. Limitation of ion, One action only, § 46 Poll de- manded, candi- dates to make a deposit. 206 MAGISTERIAL LAW. jurisdiction, if the candidate or voter so objecting to any such election or return as aforesaid shall, within 5 days after such election or return, give notice to the candidate whose return is objected to, that it is not his intention to proceed to try the validity of such election pr return, then, and in such case, such last mentioned candidate shall not be entitled to recover any such costs or expenses as aforesaid. All and every transport and lease whatsoever, made to any person or persons in any fraudulent or collusive manner to qualify him or them to give his or their vote or votes at any election of a member to serve in either of the Cs. aforesaid, shall be deemed and taken, against those persons who executed. the same, as valid and absolute, and every bond, covenant, collateral and other security, contract, or agreement between or with the said parties, or any of them, for the redeeming, revoking, or defeating any such transport or lease, shall be null and void to all intents and purposes whatsoever. Every person who shall make and execute any such transport or lease as aforesaid, and every person who, by colour thereof, shall give any vote at any election of any such member as aforesaid :— Fine, $500, payable to any person who shall sue for the same in the Sup. Civil Court, If any returning officer, substitute, clerk, or any person whosoever shall wilfully contravene or disobey this ord. with respect to any matter or thing, which such returning officer, substitute, or clerk, or other person is hereby required to do, he shall for such offence be liable to be sued in the Sup. Civil Court by any registered voter, candidate, member actually re- turned, or other party aggrieved, for the penal sum of $1000, payable, with full costs of suit, to the party who may sue. Every such action shall be commenced within 4 calendar months next after the cause of action has arisen, and notice in writing shall be given to the defendant at least 1 month before the commencement of any such action, signed by the party bringing such action, or his Att.-at-Law, and setting forth the abode of the party signing the same. Any such defendant against whom any sentence shall have been recovered in any such action shall be allowed to plead such sentence as a bar to any other action which may be brought against him for the same matter or thing, and such other action being thereupon dismissed, such defendant shall have awarded to him his full costs of suit. In all cases where a poll has been demanded, each candidate shall be bound to pay into the hands of the returning officer, before any vote shall be taken, the sum of $50, for the purpose of remunerating each poll clerk at the rate of $5 for each elec- ELECTIONS. 207 tion, and of defraying the necessary expenses incurred in adver- tisements and in the transmission of intimations, poll books, or other communications required or enjoined by this ord.; and if any person shall be proposed as a candidate without his consent, the person so proposing him shall be bound to deposit the like sum of $50 for the purposes aforesaid as if he were a candidate himself. When any returning officer, under this ord., shall be incapaci- tated by sickness or other lawful cause from acting, or (ord. 1, 76, 8. 2) whenever there is any vacancy in any of the said offices, or whenever it may appear to the Gov. expedient so to do, the Gov. may appoint any 8. J. P. to act as returning officer under this ord. for any el. div. Forms annexed. No notice, list, document, or proceeding, etc., to be held illegal or insufficient for any defect in form. Reserves power to the C. of P. to amend ord. “ District ’—a judicial dist. as by law established, and to which a 8. J. P. is appointed at the time of the publication of this ord., with the exceptions of Districts C, K, F, and K. In the construction of this ord., that part of the town sec. of Dist. C. which comprises the whole of G. shall be the Dist. of the City of G.; the other parts of the town sec. of Dist. C shall consist of and include Pls. Sophia, Bel Air, Kitty, Thomas, Vlissengen, Werk-en-Rust, Le Repentir, La Penitence, all lands and buildings in front of each of said pls., not included within the limits of the City of G., and all lands and buildings in the vicinity of G., not included in the parish of St. George, or in the parish of St. Andrew, or in the parish of St. Matthew. The river division of Dist. C shall consist of and include, in addition to all pls., lands, and settlements at present included therein, the E. bank of the River Dem., as far upwards to its source as any settlement is existing, including all creeks on the said E. bank, and all islands in said river upon which any settlement exists. Dist. F, in addition to its present limits, shall include the E. bank of the River Ess., commencing at the Boerasirie Creek and extending upwards towards the source of said River Ess. as far as any settlement extends, and includ- ing also all creeks on the said E. bank to said River Ess., and the settlements on all such last mentioned creeks. Dist. K shall consist of and include the whole of the said Dist. K as at present existing, with the exception of the town of New- Am. ; and the town of New-Am. shall be considered to be, and shall be, the Dist. of New-Am. as well as El, Div. 5. As to Districts, see the ‘“‘Atmanack”’ of B. G. General construction clause. ORD 15, ’49 8 47 Return- ing officer’s sub- stitutes, § 48, § 49, § 50 Special construction. clause. 851 ORD 3, ’64 $1, 2 Agents to be licensed. § 3 Acting without licence, S$ 4 What con- stitutes an offence. 5 5. ORD 2, ’53 Preamble. hhumigrants. 81. 208 MAGISTERIAL LAW EMIGRANTS. No person shall act as an agent to collect emigrants and to arrange for their conveyance to any other colony or place, unless he shall be first authorised by the Gov., by licence, subject to - such rules and regulations as he and the C. of P. may prescribe. Gov. may suspend or revoke same. Such licences, suspensions, and revocations to be duly notified in the O. G. Any person acting in any way as the agent for the collection or engagement of any persons of the labouring class to proceed to any other colony or place without being duly licensed by the Gov. as aforesaid ;—And any person who shall in any manner aid or abet such person so acting as agent without being duly licensed by the Gov. as aforesaid :— Fine, $96, and in default of payment impr., with or without h. 1., not excdg. 6 months, or both. In order to constitute an offence against this ord., it shall be sufficient to prove that the person charged as not being a duly authorised agent, offered to engage persons of the labouring class to serve in some other colony, or place, either under ind., or otherwise ; and that he offered some inducement, in the nature of a free passage, or the payment of a sum of money by way of bounty, either before, or subsequently to, the embarkation of the labourers, or the provision of clothes, implements, or other necessaries, or that he arranged for the conveyance of such persons in contravention of the Imperial Passengers’ Act; and that such persons were actually on board of a vessel with the intention of leaving the Colony. Summary jurisdiction—procedure under ords. 19, ’56 and 5, ’68— notwdg. amount. EMPLOYERS AND SERVANTS. Whereas it is expedient that the hirings of servants in hus- bandry, of sailors and boatmen employed on board colonial vessels and boats, of menial servants, and of artificers, handi- craftsmen, and labourers, should be properly regulated; and that provision should be made for the more easy recovery of the wages of such persons as aforesaid, and for the more ready determination of all disputes connected with their hirings. This ord. does not apply to indentured immigrants. (Mooneah »v. Agard, 2 R. C., 109.) Repeal of ord. 2, ’48, and all laws respecting the hiring of servants, etc., except. ord. 9,’27, which relates to the hire of porters, etc., in G. EMPLOYERS AND SERVANTS. 209 If any person described in the preamble shall contract with any employer to serve him for a time certain, or in any other manner whatsoever, and shall not enter into, or commence, his service according to such contract (such contract being either in writing, and signed by the contracting parties, or verbal, and made in the presence of two credible witnesses) ;—Or having entered into such service in pursuance of or under any contract (whether the same shall be in writing or not in writing), shall absent himself from his service, or shall refuse to fulfil the same before the term of his contract shall have been completed, (whether such contract shall be for a time certain or work certain, or under the provisions hereinafter in that behalf contained,) unless for some reasonable cause as hereinafter provided ;—Or shall practise, or be guilty of, any fraud or deception in the performance of any work, which he is bound to perform :— Fine, not excdg. $24, or impr., not excdg. 30 days. As to what is «a legal defence, see 8s. 12. As to dissolving contract, s. 13. A task-gang driver is not within the ord., as he does not undertake, in the personal character of servant, the performance of the job which he engages to carry out by means of the gang; unless he wilfully neglects his own part of the work, or fraudulently induces his own men to strike off work. (Bascom v. Hazzard, 1 R. C., 91.) Where complaint was made by one, other than the person shown to be the hirer or employer by the evidence, the complaint was dismissed. (Gordon v. Parkinson, 1 R. C., 25.) The word “service” throughout the ord. means the daily labour, or work, for the performance of which the labourer was engaged ; and to suspend such labour, or to absent himself from his work, would be absenting himself from such service. And further, a person may be said to absent himself from work, if, without reasonable cause, he refuses to perform the amount of daily work that the custom of the district demands. “ Tf I were to hold that a man who worked only 2 hours could not be said to have absented himself from his work, I must hold the same if he only worked 5 minutes.” (Alexander J., in Hintzen v, Scott, 1 RB. C., 55.) In Trap v. Green, id. 3, a man was employed as a field labourer under an implied monthly contract. His pay was stopped at the end of one week, because he had not finished the rows he had commenced, and the action was brought to recover the amount stopped. The wages were ordered to be paid. Arrindell J. said that he could not see that a contract to the effect (that the employer should pay for a certain Z quantity of work, say weeding, at the rate of three beds for one guilder, but that if the whole of the three beds were not weeded in one day, he would not pay, and the employed should not be entitled to demand, and recover, for any less quantity than the three roods) would be contrary to law. The promise of a servant to obey the lawful and reasonable orders of his master within the scope of his services contracted for, is implied by law ; and if the servant be guilty of habitual neglect thereof, he may be discharged without warning before the expiration of the period for which he is hired, and he is not entitled to any wages from the day he is discharged, if they had not then accrued due (Chitty on Contr., 506). Generally coming late to work after repeated warning, without lawful excuse, is neglect of duty. (Frank v. Mach, 1 R. C., 62.) S ORD 2, ’63 5 2 Breach of contract by ser- vants. Task-gang driver. Privity of con- tract. “Service.” Implied monthly con- tract. Special con- ract. Breach of promise to obey , Lateness at work, ORD 2, '53 S 3 Damaging property, etc. If the Mag. is related to either of the parties he should not hear the case. S 4 Other wilful mis- conduct. $5 Abatement of wages, By sentence. S 6 Ll-usage, etc., by em- ployer. 210 MAGISTERIAL LAW. If any such person as aforesaid shall, by negligence or other improper conduct, lose, throw away, endanger, or damage, the property of his employer ;—Or shall endanger such property by a careless or improper use of fire;—Or shall wilfully maim, wound, or cruelly ill-use any cattle or other live stock belonging to his employer or entrusted to his care ;—Or by negligence shall suffer or oceasion td be maimed, wounded, or cruelly ill-used any such cattle or live stock,— Fine, not excdg. $24, or impr., not excdg. 30 days. In Duke v. Bury (20 Feb. ’75), a ‘‘ pan-boiler,” was charged by the manager for having on, etc., by gross neglect spoiled a quantity of sugar of the value of $250. Snagg C. J. said :—“ The Mag. found as a matter of fact that the sugar was spoiled by the neglect of the appellant in not attending to the injection pipe, which was under his charge, and sentenced him to pay $23 and 72c. costs, and in default of payment to impr. for 30 days with h. 1., and to forfeit the wages (if any) due to him from the estate. It appears to me that the defendant was a servant within ord. 2, 53, and that there was evidence of negligence by him and consequent damage to the sugar, to sustain the conviction.” It was submitted at the hearing that the forfeiture of wages should have been limited to the current month, but the question was not raised in the reasons for review. The appellant’s counsel, disclaiming all imputation on the integrity of the adjudicating Mag. in respect of this conviction, commented on the circumstance (which is not apparent on the proceedings) of his being a relative of the complainant. I think it is at least desirable, without using any stronger expression, that a complaint should be heard by Mags. other than relatives of the parties. In this case, the complainant him- self, as manager of the estate, was the servant of the proprietor, and was not interested in the fine, or forfeiture of the wages. I should myself decline to adjudicate in the case of a relative, and it would be desirable that arrangements should be made for the observance of a like rule in regard to subordinate Mags. I do not interfere with this conviction. If any person as aforesaid shall be guilty of any other wilful misconduct or ill-behaviour in such service— Fine, not excdg. $10. The J. P. by and before whom any complaint shall be heard and determined, may, in addition to any of such fines or impr., abate the whole or any part of the wages due to such person as aforesaid, and direct the same to be retained by, and to the~ use of, the employer of any such person. In the event of any person being sentenced to impr., no wages shall accrue to him during such impr. When a servant is discharged for misconduct, it is in the Mag.’s and not the employer’s discretion to abate the wages due at the time of the discharge. (Johnston v. Smith, id. 17; compare ss. 11 & 15.) If any employer shall ill-use any person ;—Or shall not deliver to any person any articles stipulated for, and which by the contract of service are to be furnished by the employer to the EMPLOYERS AND SERVANTS, 211 servant ;—Or if the articles so furnished shall not be of the stipulated quantity or quality. Fine, not excdg. $50, incldg. the reasonable costs of servant. In the absence of any express agreement between the parties thereto to the contrary, the entering of any person into the service or employ of any one shall be deemed and taken to be a contract for one month certain from the time of entering on such service, such month to be deemed a lunar month in the case of agricultural labourers, and a calendar month in all other cases ; and every such contract shall be terminated by mutual consent of the parties, or by either party, at the expiration of the first or any subsequent month on giving 14 days’ previous notice to the other party in writing, or in the presence of a credible witness, or for any good and sufficient cause as here- inafter provided. See decisions noted under s. 2; as to defence, s. 12; as to dissolving contract, s, 13. In Mooneah v. Agard, 2 R. C., 109, it was not stated when they entered upon their service, or how long they had been resident on the estate, but that after working up to the 24th, and getting their money, on the 26th of the same month they went away—conviction affirmed. Where a carpenter was hired ‘to work on the estate so long as he had work,” and worked 3 days for the 1st week, 5 days for the 2nd and 3rd weeks respectively, and a building in progress was not finished when he was discharged, it was held that there was no monthly contract, (Bob v. Wolseley, i6., App. 62.) If a man enters upon an estate to work generally, the law fixes the term cf service for 1 calendar month. Job work is different. (Dundas v. Causer, 1 R. C., 54.) The words “ If you do not wish to do the work you can leave it,’’ have been held a daily hiring, which the employed could leave at any time. (Sample v. Young, id. 55.) Where the service to be performed under any contract has been com- menced, there is no necessity to show that such contract was in writing, or made before two witnesses. (Gemmel v. Benjamin, 2d. 75.) A watchman charged with neglect of duty, by allowing the theft of some rum, was acquitted—affirmed on appeal. ‘A man’s guilt is not to be inferred from the occurrence of what might have happened con- sistently with his innocence.” (Bascom v. Relsa, ib. 21.) A man is not presumed to know the particular rules of estates, as to the time of payment after the completion of work etc., unless it is proved in evidence that he did so. (Dublin v. Gray, ib. 67.) If any employer shall terminate any contract entered into with any servant for service for a time uncertain, except with the consent of such servant, or by giving 14 days’ notice as afore- said, or for some good and sufficient cause as aforesaid— Such employer shall forfeit to the use of the servant one month's wages, according to the rate thereof fixed by the parties ; Or, if the rate shall not have been so fixed, such sum as the J. or Js. P. may consider fair and reasonable, as a month’s wages; regard being had to the class of the servant and the nature of the duties contracted to be performed ; ORD 2, '53 S 7 What con- stitutes a monthly con- tract, DECISIONS. What not a monthly con- tract. Presumable length of con- tract. Daily hiring. Effect of work commenced, Watchmen. Estate rules— knowledge of. S 8 Wrongful termination of contract—time uncertain, ORD 2, 53 S$ 9 Wrongful termination— time certain. 10 Job- work, $11 Discharge for misconduct, $12 When ill- usage a good defence. $183 Discharge by Justices of either. Certificate, $14 § 15 Rent. 212 MAGISTERIAL LAW. in addition to the wages due to the servant at the time of the termina- tion of such contract. If any employer having engaged any servant for service for any period of time certain, or for the performance of any particular work, shall put away, dismiss, or discharge such servant, before the completion of his contract— Such employer, unless he shall be able to prove reasonable and suffi- cient cause, shall forfeit to the use of such servant not excdg. $24, as the J. P. shall consider a reasonable compensation to such servant. Whenever any labourer or servant, or other person having entered into a contract in writing or otherwise for the performance of any job or work (for the performance of which no specified time shall be agreed upon), and having commenced the same, shall suspend his labour on the same ;—Or shall, by his example or persuasion, advise, or otherwise, induce any person working with him to suspend his labour on the same— Forfeit to the employer, not excdg. $50, besides all money due for the part of the job or work done. Any employer may discharge any servant, guilty of any misconduct or wilful omission, or neglect of duty, without notice, and without payment of any wages, beyond the wages due at the period of such discharge; and, to any complaint made in respect of such discharge, such misconduct, or wilful omission, or neglect, of duty proved, shall be a sufficient answer; but such employer shall not be precluded, by the fact of such discharge, from proceeding against any such person as afore- said for any offence under this ord. committed during the service of such person. On complaint by employer v. servant for refusing or wilfully neglecting to perform contract, the servant may show by evi- dence, in answer thereto, that he terminated his service or contract in consequence of ill-usage by his employer, or for some other good and sufficient cause, to be judged of by the J. or Js. P. On complaint made by employer or servant, the J. or Js. P. may discharge such employer or servant from his contract or service, in addition to any other order; and shall, in case of such discharge, award to such servant the whole or such pro- portion of the wages appearing due to such servant as the J. or Js. P. shall think reasonable ;—Or shall authorise the employer to retain the whole or any specified portion of such wages; and shall give to employer or servant a certificate of discharge and award, without fee. Rep. by ord. 7, 54, yet inserted in Colonist Ed. Whenever the use and occupation of any house, cottage, EMPLOYERS AND SERVANTS. 213 tenement, or room, shall form an ingredient in any contract of service with any labourer under contract, or shall be stipulated for, or deemed a part of the consideration for any work or labour to be performed on any pl., the employer may demand (and enforce), through any J. P., by deduction of wages due or otherwise, payment for each day that such labourer or servant, without reasonable cause, shall have absented himself from service, and shall have kept possession of said house, etc., of the stipulated value, not excdg. 16c. per diem. After application under s. 15 toa J. P., the occupancy shall cease upon 38 ‘clear days’ notice to quit being given by the proprietor, or any person duly authorised. In the event of any person or persons overholding possession after expiration of such notice, any J. P. shall, upon complaint and proof, issue his warrant directing any police officer or constable of the district, in which the tenement or premises may be situate, to enter and take possession of the same, and to eject any person therefrom. If any person or persons shall proceed to recover possession of such tenements, etc., otherwise than in the mode and manner hereby pointed out— Fine, not excdg. $24. Whenever any employer shall grant to any servant the use and occupation of any piece of land for the growth of pro- visions, such permission to be valid shall be in writing; and (unless such permission in writing shall contain a stipulation that the employer may determine the grant at any time, and resume possession of the land, without the servant being entitled to the growing crops) the servant shall, at any hour between 6 am. and 4 p.m. of every day, within 8 months after his quitting or ceasing to be in such service, have the right of entering upon and reaping the growing crops on said land. Rep. by ord. 7, 54, yet inserted in Colonist Hd. Proceedure under ords. 19, ’56 and 5, 68. “Employers” =all masters, mistresses, foremen, attorneys, agents, managers, and other persons engaged in the hiring, employing, or superintending the labour or service of any servant within this ord. ‘‘Wages”=any money or other thing paid or contracted to be paid, delivered or given as a recompense, reward, or remuneration for any labour or other service done or to be done, within a certain time, or to a certain amount, or for a time, or for an amount, uncertain. ‘‘Contract’’=any agreement, understanding, or arrangement whatever on the subject of wages, written or oral, direct or indirect, to which any employer, and any servant, or other persons, are parties, or are asgenting, or by which they are ORD 2, 53 $16 Holding over after notice to quit. Recove' under this ord. only, § 17 Servants entitled to grow- ing crops in de- fault of express agreement to the contrary. $18. 819. S 20 Interpre- . tation clause, - “ Employers.” “Wages.” “ Contract.”, ORD 2, '53 “ Servant in husbandry.” “Servant.” ORD 9, ’73 88 1, 2,5 Crown Lands Department. § 6 Prohibi- tion—on officers. $ 7 Duties of Crown Lands Department. § 8 Register. Evidence. 214 MAGISTERIAL LAW. mutually bound to each other. ‘Contract ’=‘‘ indenture.” “Servant in husbandry”=every labourer, or mechanic, employed upon any sugar, coffee, or other pl. ‘‘Servant”’ =all servants in husbandry, mechanics, artificers, handicrafts- men, labourers, persons employed in droghers, vessels, or boats, or otherwise, household or other domestic servants, laundresses, or other servants. ‘‘ Defendant ”=‘“ offender,” and vice versé. ‘‘Indenture”=any contract in writing. ‘*Unindentured’’=‘‘ not bound by any contract in writing.” As to ‘‘ service,” see cases above. EXCISE. Crown Lands. Ord. 9, ’73. 8 1. repeals ords. 14, 61; 1,°69; and 12, ’71; s. 2 provides for appointment, by the Crown, of a Cr. Surveyor and Assistants, to form the Cr. Lands Dep.; 8.5 provides for Cr, 8. and Ass. giving security. No Cr. 8., or Ass. Cr. 8., or Com., acting hereunder, shall be directly or indirectly concerned in any way whatever in the keeping of any shop or store, or in any trade, or in any wood- cutting business or occupation, or in any traffic or barter with the Indians. The execution of all surveys for the occupation of Cr. lands, or for licences to cut timber on Cr. lands; the issuing of all such grants and licences ; the guardianship over all Cr. lands, forests, rivers, and creeks ; ; the collection of all moneys due in respect of grants or licences of occupation, to be paid to the Cr. §., or Ass. C. §., and by him paid to the Rec.-Gen., or Ass. Rec. -Gen., as part of the general revenues: and auch other duties as may directed by the Gov. ; see s. 54. The Cr. S. to cause all grants and licences issued hereunder to be recorded in a book, to be kept separately for each class or description of grant or licence, to be called the ‘‘ Register of Cr. Lands and Forests,” to be kept in his office, alphabetically indexed, and open at all convenient times to the inspection of the public, on payment of fee (sched.) ; and in so recording, the Cr. 8, shall attach to his copy thereof one of the duplicate diagrams relating thereto, and deliver the original of each such grant or licence, with the other duplicate diagram attached, to the grantee or licencee, who shall sign a receipt for the same upon the copy recorded by the Or. 8.; and every such copy so EXCISE—CROWN LANDS. 215 recorded shall be received in evidence in all Courts, without further proof or production of the original grant or licence. The Cr. 8. to make a register of all grants and licences issued under the Regulations of the States of Holland, of 24 July, 1792; and (s. 10) provides for the registration of all other licences, etc., granted by any Gov. ; sees. 54. The Cr. lands and forests may be sold by the Gov. in tracts of not less than 100 acres each, ata price of $10 per acre, subject to the following regulations :— (1) The application must be addressed in writing to the Gov. Sec., and must contain a description of the land applied for, setting forth as far as practicable its situation, extent, and boundaries, and furnishing such further information as may in each case be required by the Gov. Sec. in order to determine whether there are any existing grounds against such application being complied with; and it must further, unless the applicant be prepared to pay cash, be accompanied by a letter signed by 2 sureties, engaging to become bound for the fulfilment of the terms of purchase, and such sureties shall be subject to approval by the Aud.-Gen. (2) Should no ostensible grounds, against the application being entertained, be found to exist, the Gov. may, if he shall think fit, authorise the Cr. S. to direct a survey of the land applied for to be made, and on its completion notice of the application shall be published for 3 successive Sats. in the O.G., during which period any person, having grounds of opposition to the intended sale, may enter his opposition at the office of the Gov. Sec. (3) In the event of there being no sufficient ground of opposition, the Gov. may, if he shall think fit, grant the appli- cation of 1 cal. month from the last publication of the notice. (4) If the application be granted, the purchaser, in the event of his not being prepared to pay cash, must forthwith pay down one-half of the purchase money, whereupon he shall receive a provisional licence of occupancy, free of rent, for the term of ‘2 years from the date of payment, and the balance of the purchase money shall be payable in 2 equal annual instal- ments from such date, with interest at the rate of 6 p. c. per ann., and on full payment with interest, a grant of the land shall be given to the purchaser. Power for the Gov. and C. of P. to issue free grants of Cr. land in such localities and allotments, subject to such regula- tions, and to and in favour of such ims. coming to the Colony at their own expense, as the Gov. and C. of P. shall proclaim, on condition that, within one year from the date thereof, the grantee shall be bound to erect a dwelling-house on his land, and to put such land in cultivation, to the satisfaction of the Cr. 8., ORD 9, '73 SS 9, 10. $11 Sale of Crown lands. Contents of application. Survey. Notice of application. Grant of ap- plication. On part pay- ment. On full pay- ment. $12 Free grants to immi- grants.. ORD 9, '73 $ 13 Licences —(1) Wood- cutting. Contents of application. Name of per- son benefited. Failure to take up licence. New applicant. Paals. Certificate, New licence of old tract. Form of tract. 216 MAGISTERIAL LAW. and that during the next 6 years thereafter he shall continue bona fide to cultivate or otherwise beneficially to occupy the land, on pain of forfeiting his grant. Power for the Gov. to issue licences to cut wood in the Cr. forests for such terms and to such extent of acreage as to him shall seem meet, at a rental of 30c. per acre per ann., subject to the following regulations :— (1) The application (etc., as (1) ins. 11), and must also be accompanied by a letter signed by 2 sureties engaging to become bound for the due performance by the principal of the conditions of the licence, and such sureties shall be subject to approval by the Aud.-Gen. (2) The application must also distinctly state the name of the person for whose benefit the licence is sought to be ob- tained, whether such person be the actual applicant or not. (3) Same as (2) ins. 11. (4) Same as (3) in s. 11, with the exception of ‘‘ month ” for ‘‘ealendar month,” though the distinction is immaterial. (See ord. 9, 56, s. 2, Introd., p. i.) (5) If within one month after the expiration of the last mentioned term the licence applied for shall not be taken up, notice thereof shall be advertised by the Cr. S., and it shall be open to any other person to make application for the same in conformity with these regulations. (6) In such last mentioned case, the person applying for the licence in lieu of the original applicant shall be bound to repay to him the cost of the survey and diagram, if he be satisfied to take the licence upon such survey. (7) Before the licence shall be issued, the Cr. 8. shall be bound to place branded paals at each extremity of the fagade and of the depth of the track surveyed, and to cause a path, at least six feet wide, to be cleared all round the same, and the outer line of the path shall show the boundary of the tract. The Cr. 8. shall certify on the diagram made by him that the provisions of this ord. have been complied with. (8) In the event of a person applying for a licence to cut wood on ground previously occupied and quitted by another, the same fees shall be payable as for an original licence ; but the applicant shall not be bound to have a fresh survey. He must however obtain from the Cr. 8. a certified copy of the original diagram to be annexed to his licence. (9) Whenever practicable, tracts of land for wood-cutting purposes shall be selected, as near as may be, in the figure of a parallelogram having its fagade on a river or creek, and the depth inwards equal to at least twice the fagade ; not less than five roods in breadth, for the whole depth, is to be left between each two tracts in the same locality. EXCISE.—CROWN LANDS, 217 Power for the Gov. to issue licences of occupancy of Cr. lands during pleasure, or for terms not exedg. twenty-one years, and in tracts not excdg. 500 acres each, subject to the same regu- lations as wood-cutting licences in regard to survey, diagram, paals, notice, and reports, and upon such further conditions and rental, being not less than the rate per acre fixed in respect of a wood-cutting licence, as to the Gov. shall seem fit. It shall not be compulsory on the Gov. to grant, sell, or dis- pose of, any portion of the Cr. lands or forests, or to issue any wood-cutting or occupancy licence. Any wood-cutting licence, or licence of occupancy, may be transferred, provided that the intended transfer is approved of by the Gov. and the proposed sureties by the Aud.-Gen., and that notice of such intended transfer is duly published as in the case of an original application. Any wood-cutting licence, or licence of occupancy, may be renewed, if applied for within 3 months before the expiration of ithe original licence, provided that the renewal is approved of by the Gov., and the proposed sureties by the Aud.-Gen. In the event of the death of the holder of any wood-cutting licence, or licence of occupancy, before the expiration of the term of such licence, his interest therein shall accrue to and form part of his estate, and his sureties shall not be released by reason of such death; but in the event of the death of a surety during the continuance of any such licence, the holder thereof shall be bound, within 3 months thereafter, to provide a new surety in his place, to the satisfaction of the Aud.-Gen., on pain of forfeiting his licence. No licence shall be issued hereunder until the Cr. 8. or Ass. Cr. §. shall have certified on the diagram that branded paals ctf have been planted, and, with respect to wood-cutting licences, paths cut as indicated in such diagram. There shall be paid in respect of grants and licences issued hereunder, and other matters and things mentioned in Sched. A (see infra), such fees as therein mentioned. Power for Gov. and C. of P. to alter or vary fees or any of the rates per acre for sale or licences. Nothing herein contained shall extend to abridge or affect the prerogative of the Crown in relation to the Cr. lands and forests. In the event of the O. legislature at any time failing to grant a civil list to the satisfaction of the Crown, power for the Gov. to issue regulations for Cr. lands and forests, and to fix fees, ete. All wood-cutting licences and licences of occupancy shall be made, and shall be subject to the following conditions :-— (1) The holder shall not subdivide or sublet his interest in any such licence, except with the permission of the Gov. ORD 9, '73 $ 14 (2) Occu- pancy. $15 Governor not compelled to grant, etc. §$ 19 Transfer of licences (1—2), S$ 20 Renewal of licences (1—2). $ 21 Effect of death of licencee (1—2). And of surety. S 23 Paals— ified. $ 24 Fees. S 52 Preroga- tive of Crown. OFFENCES. § 16 Condi- tions attached to licences, Subletting: ORD 9, '73 ndian labour. Payment in kind, ete. Notice board. $17. § 18 Effect of forfeiture of licence. S 22 Remov- ing or altering paal, $ 25 Lists of licences, 218 MAGISTERIAL LAW. Under the repealed ord. 14, ’61, where there was no evidence of a trans- fer of the land, the mere fact of allowing another person tocut wood and burn charcoal for a portion of the proceeds was held not to be a subletting (Rodriques v. Backer, 1 R. C., 57, and D’Oliviera rv. Backer, ib. 58). In Duggin v. Mendonca, 1 R. C., 76, under same ord. (s, 21, subsec. 1, identical with above), a conviction on a charge of “sub-letting a grant” was quashed. It was then said, “ There is no such offence as sub-letting a grant. Ihave no moral doubt that by the grant referred to a wood- cutting licence is meant, still I cannot intend this, as ‘no intendment is admitted to help out a description, defective in the want of an essential component’ ” (Paley). : (2) In the event of the holder employing Indians he shall keep a book, to be open at all times to the inspection of the J. P. of the distr., of the Cr. S., and Ass. Cr. S., and of the Coms., in which must be regularly entered the name and tribe of every such Indian, the rate of wages allowed him, and the amount paid, and all such wages must be paid in money. (8) The holder shall not give or deliver to any Indian any spirituous liquor as an equivalent for or in part payment of wages, or for any work or labour done or performed, or to be done or performed for him by such Indian. (4) The holder shall place and keep on the fagade of his land, on or near to each branded paal, a board or tablet, on which shall be painted in plain legible letters and figures, the name of such holder, the length of the fagade, and depth, and compass bearings of the side lines of the land, and the date of the instrument under which he holds ; and the holder shall keep such board or tablet with such inscription in good order and repair during the whole continuance of his tenancy :— Fine on wilful default of any of above conditions—Ilst offence, not excdg. $24; 2nd offence, not excdg. $48, and forfeiture of licence. On forfeiture of licence all buildings and erections on the land at the time thereof shall absolutely accrue to the Crown; and the unpaid por- tion of the rent or acre money for the unexpired term of such licence, whether secured by prom. note or otherwise, shall immediately thereon become payable by the holder and his sureties, as joint and several prin- cipal debtors, to the Crown—recoverable by summary execution. Any person who shall knowingly and wilfully remove or alter, or cause to be removed or altered, any paal planted hereunder, shall be guilty of a misd. :— Inf. Court—fine, not excdg. $100, or impr., with or without h. 1, not excdg. 6 months, or both; and if the holder of wood-cutting or occupancy licence, forfeiture thereof, Fees, etc.,as in Schd. A (énfra)—power for Gov. and C. of P. to alter or vary same—s. 24, p. 217. Once in each quarter the Cr. 8. shall furnish to each Com. a certified list under his hand of all grants and licences issued hereunder during the preceding quarter, and also of all EXCISE—CROWN LANDS. 219 licences determined during such quarter within his dist., in order in such last case that possession may be immediately resumed on behalf of the Crown. Every such list may be re- ceived in evidence before the 8. J. P. No Gov. officer to grant provisional permission to occupy any of the Cr. lands or forests under any pretext whatsoever. Every 8. J. P. may receive any information which may be laid before him upon oath, charging any person with having, without probable claim or pretence of title, entered upon or taken possession of any lands in his dist. ; information, in case of lands vested in the Crown, to be by the Cr. 8. or his Ass. or a Com.; and in case of lands vested in an individual, by the owner, his attorney, or special agent. On preferment of information, 8. J. P. to issue summonses to party alleged to have so illegally entered upon or taken possession of such land, and any witnesses, and to hear and determine the matter sum- marily; if the case be proved, without any probable claim or pretence of title, then the Mag. is to make an order (see s. 30, form in Schd. B) for peaceable possession to H. M., or the owner, or person preferring the information ; (s. 29) in default of obeying order, power for Mag. by warrant (form in Schd. B) to commit offender to impr., with or without h. 1, not excdg. 30 days, and make a further order (form in Schd. B) for the immediate delivery over (sees. 30) of the possession of such land and premises to H. M., or to the person whom such Mag. may have found to be entitled to the possession thereof, and who shall be named in such further order; and the Cr. S. shall thereupon take de facto possession thereof on behalf of H. M., or, if private lands, shall there- upon cause possession thereof to be delivered de facto to such owner, his attorney or agent. : No such order for the delivery up of possession of any such lands shall be made by any such Mag., if it shall appear to him that the party against whom any such order is sought, has been by himself, or by those under whom he claims title, in the quiet and bond fide possession of the land, mentioned or referred to in any such information, for any year next before the date thereof, or that such party has any probable claim or pretence of lawful title to such lands, or to the occupation thereof. The adjudication, if not altered or set aside in review, to be conclusive as to the title of the person to whom delivery of the said lands and premises may be directed to be made. Ss. 82-7 relate to Cr. lands only. No person, except a licencee or grantee within the limits of his lands, to cut or gather any wood, troolies, palm or other leaves ;—Or to make any shingles, or to burn any charcoal in, from, or upon any of the Cr. lands or forests ;—Or to dig, remove, or carry away any soil, minerals, rock, stone, sand, or other substance or thing whatever therefrom ;—Or to make any drain, trench, or canal through such lands. Every person cutting or gathering wood, troolies, palm or other leaves ;—Or making shingles ;—Or burning charcoal in, from, or upon any of such Cr. lands or forests ;—Or digging, removing, or carrying ORD 9, 73 Evidence f. ‘S$ 26 Provi- sional permis- sion, 8 27 Illegal possession of lands —crown. and private. S$ 28 Process — (lands generally), ¢ $ 30 When order not to be made, S 31 Effect of adjudication on title. § 32 Illegal cutting of wood, or digging of sand, etc. (Crown lands), ORD 9, '73 % 33 For- feiture—how made and dealt with.~ Advt. Sale, 220 MAGISTERIAL LAW. away soil, minerals, rock, stone, sand, or any other substance or thing therefrom, beyond such limits, or without such licence or grant ;—Or procuring or receiving from any other person any such wood, troolies, palm or otner leaves, shingles, charcoal, soil, minerals, rock, stone, sand or other substance or thing ;— Or making any drain, trench, or canal through such lands, may be seized, detained, and conveyed by any Cr. S. or his Ass., or any Com. before the 8. J. P. of the dist. :— Fine, not excdg. $48, or impr., with or without h. 1, not excdg. 2 months, or both ; and if holder of a wood-cutting or occupancy licence, forfeiture of licence; and ail.such wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, together with any boat containing the same, or used in the removal thereof, and all tools and implements found in the possession of the person committing the trespass, or his servants or agents, shall be liable to be seized and forfeited. In Gomes v. Backer, 1 R. C., 68, under ord. 14, ’61, s. 40 (which is in some respects the same as this s., except in the material point of the seizure and forfeiture, which appears to have been added in consequence of that case), it was held that it must not be assumed that the lands must be taken to be Cr. Lands, unless the deft. show the contrary. There a chart was relied on, but not produced, and the evidence was very slight, while the deft. proved that the lands in question had been in the possession of private parties, and had been worked as private property, as far back as the year 1834, and that the deft. hired the lands from the person who claimed them, through the previous possessors. Under these circumstances it was held the Mag. had no jurisdiction. [Sembie, also under this present ord.] (Bremner v. Wight, 1 R. C., 225.) Any such Cr. §., or his Ass., or Com., may seize and take possession of all wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing liable to seizure and forfeiture hereunder, together with any boat containing the same, or used in the removal thereof, and all tools and implements found as aforesaid, and everything so seized and detained hereunder shall be forfeited and condemned. The 8S. J. P. of the district shall advertise the same for 8 successive Sats. in the O. G. for sale at some convenient place within his dist., or, with the special permission of the Gov., in G. or New-Am., and shall further, during the like period, affix a notice of such sale in some conspicuous manner at such place ; and shall, at the expiration of that time, sell the same by him- self, or by some person authorised in writing by him, at the appointed place publicly to the highest bidder, unless the person claiming the same, or some person authorised in writing by him, shall, on or before the 8rd Sat., give notice in writing to the Mag. that he intends to claim such wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, boat, tool, or implement. EXCISE—CROWN LANDS. 221 In Gomes v. Harcourt (April 11, ’74) a claim was made to a punt and shingles advertised in the 0. G. to be sold. Snagg C. J. said :— The punt was restored to the deft., because it had been seized in the port of G. The appeal affects the shingles only. The Mag. refused to hear evidence as the claim was not made within the time allowed by law. The shingles were seized on the Dem. R., as cut on ungranted Cr. lands, under ord, 9,73. The date of the seizure was not given. The last Sat. of the advt. was Nov. 15,73. No claim was made befure that day, and consequently forfeiture ensued. The sale took place at D. on Nov. 18; the shingles were bought (apparently by the deft.), and paid for by an order payable to the Mag. upon A. D., which was dishonoured on pre- sentation. The Mag. deposed that the order was provisionally accepted. by him, but no order of delivery was given by him, and the deft. was distinctly warned not to touch the shingles until he received an order from the Mag., and that, despite the warning, the deft. took them in his punt totown. On the shingles being again advertised on Jan. 5, 74, the deft. claimed them, and the Mag. refused to hear the evidence. The deft. claims restoration on the grounds that the first seizure of the shingles was illegal, and that they were his by purchase on Nov. 18. The shingles were forfeited by non-claim, and whatever may be the rights of the deft, under the alleged purchase at D., I cannot decide on them on those proceedings.” Mag.’s decision affirmed. No claim to any wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, boat, tool, or implement seized hereunder, shall be entertained, unless the same shall be entered in the name of the person who shall have cut such wood, troolies, palm or other leaves, or made such shingles, or burned such charcoal, or dug, removed, or carried away such soil, minerals, rock, stone, sand, or other substance or thing; or in the name of some person who, in such claim, shall state himself to be, at the time of making the same, the person bond fide entitled to such wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, and unless the sum of $24 be deposited with the 8. J. P. as security for costs. In Bracey v. McTurk (April 18, ’74), the appelt. claimed 260 logs of greenheart and a specified quantity of shingles lying in the Ess. R., which had been seized on Jan. 1, *74, for having been illegally cut on ungranted Cr. lands. He was fined $20, besides costs ($51), and his licence was forfeited. The Judge said there was no charge against the claimant justifying a fine with costs, or a forfeiture of licence. If, instead of a claim to the property in these timbers having been pre- ferred by the claimant, there had been a complaint or information against him which was punishable on summary conviction, such com- plaint ‘must have been laid within 6 months from the time when the matter of the complaint arose (ord. 19, ’56,s. 15); but this being a claim to the ownership of property by the claimant, he cannot show title by proving that the timber was illegally cut on Cr. lands more than 6 months before his claim. By s. 35 the proof of the illegality of the. seizure is on the claimant. A conviction before the Mag. under ss. 32 and 33 is not necessary prior to seizure. The plan put in by the plaintiff, as actually surveyed by him (he being a surveyor), is admissible as 16 ORD 9, '73 $ 34 Claim— deposit for costs, Evidence. ORD 9, 73 When Mag. should inspect, S 35 Onus probandi, $ 36 Adjudica- tion, Bale. Advertisement. § 37 Abetting Eronpess (Crown lands). § 88 Trespass on private lands. 222 MAGISTERIAL LAW. evidence. The timber was heaped on the beach, and it is difficult to distinguish what was cut on granted or on ungranted lands, as the deft.’s grant bordered on ungranted lands. But the onus lay on the deft. to prove his title. His claim was that of timber, partly cut on his grant, and partly purchased. There was uncontradicted evidence of the pur- chase by the deft. of some of the timber seized, and portions had been identified by witnesses as then lying on the landing-place. The Mag.,in the position of a jury, might have endeavoured by inspection or other- wise to satisfy himself with regard to the specific portions of the timber spoken to by the witnesses; but he declared the whole forfeited without inspection or examination, or thorough inquiry. The condemnation of the shingles alone affirmed, Referred to Mag. to take further evidence as to timber. The proof of the illegality of any seizure hereunder shall be on the claimant of the article seized, and the proof of the legality thereof shall not be on the seizing officer. If upon any trial or proceeding a question shall arise whether any person acting as a seizing officer hereunder is a Cr. §., Ass. Cr. 8. or Com., evidence of his acting as such officer shall be deemed sufficient, without production of commission, warrant, or authority. (Alicock v. Van Lange, 2, C., 92; under ord. 14, ’61—rep.) Any claim made hereunder shall be proceeded with before the Mag. at some time to be fixed by him, and adjudicated by him. If condemned, the wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, with the boat (if any) containing the same, or used in the removal thereof; and all tools and implements found as aforesaid, shall be sold publicly by or by the order of the Mag. after advt. for 3 successive Sats. of the day of sale in the 0. G. If the holder of any wood-cutting or occupancy licence shall unlawfully cause or procure, incite or aid, any person to comnut any trespass specified in a. 82, or to remove anything seized thereunder— ; Fine, not excdg, $48, or impr., with or without h. 1., not excdg. 2 months, or both, and forfeiture of licence. Ss. 88, 39 relate to private lands only. If any person shall cut or gather any wood, troolies, palm or other leaves ;—Or shall make any shingles ;—Or shall burn any charcoal ;—In, from or upon any lands being private property, within the district of any St. or Sp. Mag.;—Or shall dig, remove, or carry away any sotl, minerals, rock, stone, sand, or other substance or thing therefrom, without the permission of the owner or tenant thereof, or the attorney, agent, or other representative of such owner or tenant, there being at the time of such trespass placed upon some conspicuous place in such lands a notice, in plain legible letters, forbidding in general terms all persons to trespass,—every such person may be seized and EXCISE—CROWN LANDS. 228 detained, and conveyed by such owner or tenant, or by the attorney, agent, or other representative or servant of such owner or tenant, before the Mag., and such person shall be guilty of an offence :— 4 Fine, not excdg. $24, or impr., with or without h. 1., not excdg. 30 ays. If, at the time of committing any such trespass, any such person shall use or have any boat, or any tool or implement, the same shall be also seized and detained, and conveyed by such owner or tenant, or by his attorney, agent, or other re- presentative or servant, before the Mag.; and, on conviction, the same shall be publicly sold by, or by the order of, the Mag., who shall be bound to advt. the same for three successive Sats. in the O. G. for sale at some convenient place within his dist., and also during the like period to affix a notice of such sale in some conspicuous manner at such place ; and out of the pro- ceeds thereof the Mag. shall pay the amount of any damage by such owner or tenant suffered by reason of such trespass, such damage to be assessed by the Mag., who shall deduct the amount of the fine inflicted, unless the amount of such damage and fine be sooner paid. If such trespasser shall have ready for removal any wood, troolies, palm or other leaves, shingles, charcoal, soil, minerals, rock, stone, sand, or other substance or thing, the same shall be declared to be forfeited, and shall be delivered over by order of the Mag. to the owner or tenant, or his attorney, agent, or other representative or servant. Mag. not to adjudicate in or determine any case under s. 38, in which it shall appear that the right or title in or to the lands, wherein the trespass is alleged to have been committed, shall be bond fide at issue between the alleged trespasser and the party in possession, or that the alleged trespasser has any probable claim or pretence of lawful title to such lands, or to the oceupa- tion thereof. If on the trial of any claim in respect of any detention or seizure hereunder, the decision shall be in favour of the claim- ant, and the 8S. J. P., in case of there being no review, or the Judge or Court in case of there being a review, shall certify on the record that there was a probable cause of detention or seizure, the claimant shall not be entitled to any costs. No suit, action, indictment, or other prosecution against any person in respect of such detention or seizure, shall be thereafter com- menced or further carried on against the person who made such detention or seizure; but should such be the case, and judg- ment or sentence shall be given against the deft., and the Judge or Court shall certify on the record that there was a probable ORD 9, '73 Seize and sale of boats, Advt. Notice, Deduction of amount of damage and fine from pro- ceeds, Delivery of wood, etc., ready for removal,. S 39 Disputed title ousts juris- diction. § 42 Coste. “ Probable cause.” Action for detention, etc. ORD 9, '73 § 43 Collusive seizure, etc. Abetting or conniving, § 44 Obstruct- ing officer in execution of duty, $45 Removing seizure or notice, S$ 46 Police not arresting trespassers, 8 49 Obstruct- ing creek, ete. 224 MAGISTERIAL LAW. cause of detention or seizure, the plaintiff in any such suit or action, besides the articles detained or seized, or the value thereof, shall not be entitled to more than 4c. damages, or to any costs of suit, and the deft. in any such indictment or pro- secution shall not be liable to any punishment beyond a fine of 24c. If any officer authorised hereby to seize any article shall make any collusive seizure, or deliver wp, or make any agreement to deliver up, or not to-seize, any article liable to forfeiture, or shall take any bribe, gratuity, recompense, or reward, for neglect or non-performance of his duty :— Fine on every such officer or other person, $500, and incapacity to serve H. M. Every person who shall give or offer, or procure to be given or offered, any bribe, recompense, or reward to, or shall make any collusive agreement with, any such officer, to induce him in any way to neglect his duty, or to do, conceal, or connive at any act whereby any of the provisions hereof may be evaded :—- Fine, $500. Every person who shall molest, hinder, oppose, or obstruct any officer or person acting in the execution of the powers and authorities granted hereunder, or any of them :— Impr., with or without h, 1., not excdg. 3 months, Every person who shall unlawfully remove or attempt to remove any thing seized or detained by any Cr. S., or Ass. Cr. S., or the Com. of the dist. ; or who shall wilfully deface or remove any notice affixed by any such officer hereunder ;—misd. :— Inf. C.—fine, not excdg. $100, or impr., with or without h. 1., not excdg. 6 months, or both; and in case of holder of a wood-cutting or occupancy licence, forfeiture thereof. Every p. officer or constable shall assist in the arrest and appre- hension of any trespasser upon Cr. lands or forests, or private property, within the district of any Mag., whenever lawfully called upon by the Cr. 8. or Ass. Cr. 8., or any Com., or by the owner or tenant of such private property, or his attorney, agent, or other repre. :— Fine in default, not excdg. $48. Whoever shall place or cause any partial or total impediment, or obstruction, to the free use and navigation of any river or ereek :— Fine, not excdg. $48, on complaint by Cr. S., or Ass. Cr. §., or Com., or any person interested in having any such impediment or obstruction removed, Any such officer may cause any such impediment or obstruc- EXCISE—CROWN LANDS. 225 tion to be removed, and may, in any Civil Court having jurisdiction over the amount, recover the expense of such removal from any person placing or causing such impediment or obstruction—such expense to be in addi- tion to any penalty. No temporary stop off for the purpose of raising the water of a creek made by any licensed wood-cutter, or any occupier of private lands, if, and for so long as, such stop off shall be neces- sary to facilitate his operations in carrying on the business of a wood-cutter, shall be deemed to be an impediment or obstruction within the meaning of this s. Power for the Gov. to sanction the placing, or the keeping at pleasure, of any impediment or obstruction to the free use and navigation of any river or creek. Power for H. M. to appoint Sp. Mags. under this ord., at salaries voted by Combined Court, and (s. 4) with powers of St. Mags. and power for the Gov. by notice in O. G. to fix and assign the limits of their districts, and alter same. In De Souza v. Wight, 1 R. C., 240, under repealed ord. 14, ’61, it was held that on a plea as to seizure without the limits of the district, the onus probandi (as to jurisdiction) lay on defendant. Recorded copy of grant or licence of occupation made evi- dence in all Courts without further proof. (See s. 8.) Jurisdiction under ords. 19, ’56, and 3 and 5, ’68, notwithstanding the Jine, penalty, or forfeiture may exceed $48. In case of review, no article to be re-delivered to claimant, except by order of reviewing Judge (s. 41). Where right of arrest is given, cplt. or officer has option of proceeding by complaint instead (s. 47). Subject to the Gov.’s power of remission (s. 48), the proceeds of seizure and for feiture of articles the property of the Cr. (after deducting expenses and fines), are to be paid to Rec.- Gen., and by him appropriated-under ord. 5, 72 p.181. Every officer or person who shall detain, seize, inform, or prosecute, shall be a competent witness, though interested in or entitled to a part of the fine, etc. 8. 48 — Power for the Gov. to remit or mitigate fines, and restore seizures or forfeitures—mitigated fines divisible as he orders (ord. 15, °70). 8S. 50 incorporates ord. 31,50 (see “Introd.,” p. xvii.) 5S. 51 reserves right of civil action to recover damages for trespass, except in case of convic- tion, which is a bar to action for same trespass. 8S. 55—forms in Schd. B. may be used—power for Gov. to vary them, on notice in 0. G. Rights of Indians preserved—power for Gov. to define such rights by regulation in O. G., and to cancel, alter, and amend same. Meanwhile, regs. of 12 Sept. ’71 (see O. G.) to hold good. Ss. 7 and 9 only to apply to pls. in cultivation, the pro- , prietors whereof may become entitled to second or other depths, under the regs. of the St. of Holland of 24 July, 1792. “Wood” = any tree or shrub, or part of a tree or shrub, whether growing or fallen, timber, beam, post, spar, plank, or stave. ‘* Boat’? — any vessel, craft, batteau, boat, corial, canoe, punt, vallatroo, raft or float, with the tackle, apparel, and furniture belonging thereto respectively. ORD 9, '73 Exception. Governor's sanction. S 3 Magis- trates. Jurisdiction. Evidence of grant, ete. 8 40 Pro- cedure. Competent witnesses. § 53 Indians, _8 54 Planta- ions, 8 56 Interpre- tations, ORD 9, ’73 Schedule A (s. 24), ORD 27, ’55 Schedule. ORD 6, ’63 ORD 25, ’60 Part VIII. $179 Carts plying for hire in Georgetown to be licensed. 8 180 Drivers not to act with- out a licence and badge. 226 MAGISTERIAL LAW. To the Cr. 8S. on Account of the Gov. For report on any application for a grant or licence, or for a transfer or removal of the eas to be paid on the petition being lodged . z . $12 00 For making out and recording any grant or Hence, or transfer, or renewal of a licence, to be paid oe to the prepara- tion of the instrument . . 24 00 On exhibiting for inspection the record. of any grant or licence . 0 48 On giving off copy of any grant or licence, including copy of diagram . 7 . 500 On making any survey, ‘including duplicate diagram, ‘at the rate per acre surveyed (excluding distance money) . - 010 On making any survey of a strip of Cr. land for canal or ‘other purposes, including diagram and duplicate, and any pieli- minary survey required, at the rate per rood in length surveyed (exclusive of distance money) of . . z . 0 25 To the Cr. S. or Ass. Cr. S. executing the Survey. Distance money to be allowed in addition at and after the same rates and regulations as are enacted with respect to the deps. of the Reg. and Marshal by ord. 27, ’55. Where any portion of the journey shall be per- formed by a steamer, only the actual outlay is to be charged as regards such portion, and that where several surveys are made in the same locality at the same period, only one charge for distance money is to be made, and the amount to be apportioned equally between the parties. Distance money—per mile on land, 60c.; do. by water, 40c.; the distances in miles to be calculated according to the table given in the schd. g. v.; no charge allowed for the return journey. Ferry and bridge tolls actually paid to be charged in addition: amended by ord. 6, 63, as to Marshal’s charges for travelling in Ess., additional charges being thereby allowed for certain places, Georgetown. No cart shall be allowed to ply for hire in the city without being duly licensed, and without having the no. of such licence painted in some conspicuous place on the outside of such cart in legible letters. Any proprietor permitting cart to ply for hire in G. without licence, or during suspension of licence (s. 180) ;—Or any person being found driving, standing, or plying for hire with any cart in G. without licence, or without the no. of the licence duly painted ;— Fine, not excdg. $50. No person shall act as the driver of any licensed cart in G. without first obtaining a licence and badge from the M. and T. C., which shall be registered by the T. Clerk, and a fee of 24c. shall be paid for such licence and badge. Livery such licence shall be in force until the same is revoked, except during EXCISE—GEORGETOWN. 227 the time that the same may be suspended, as hereinafter pro- vided: Any person acting as such driver without licence and badge, or during suspension of licence ;—Or lending or parting with his licence or badge ;—Or any proprietor of any licenced cart employing any person as the driver thereof who has no licence, or during sus- pension of his licence :— Fine, not excdg. $24. The P. Mag. may, upon second conviction of the proprietor or driver of any licensed cart for any offence under this ord. with respect to licensed carts, or any bye-law made in pursuance thereof, suspend or revoke, as he may deem right, the licence of any such proprietor or driver. . In Estwick v. Alonzo, the C. J. said that he was strongly of opinion that it was not only within the policy of the ord., but within the actual wording of it, that the licence of a cart driver was personal, and that the fact of the owner of the cart having taken out a licence was no pacuce for the defendant having acted as a driver without having a cence. The driver of every licenced cart shall wear his badge sus- pended round his neck, so as to be clearly seen, and on such badge shall be displayed the no. of the licence granted to such driver in such manner as the M. and T. C. shall from time to time determine :— Fine for neglect, not excdg. $24. The proprietor and driver of every licensed cart shall be bound to carry therein a load of 16 cwt., if thereto required by the hirer. The following shall be the stands for licensed carts in G.:— (1) In Church-st., between Main-st. and Water-st.; (2) In Croal-st., between Main-st. and Water-st.; (3) On the N. and 8. sides of Seward’s Canal. The driver of every such cart shall be bound, when unemployed, to take his place with his cart upon one or other of the said stands. The carts on the said stands shall be so arranged as to cause no obstruction to passengers or vehicles, or to the inhabitants residing in the street; and not more than 24 carts shall be allowed to be on any one stand. The M. and T. C. may appoint additional stands for carts :— Fine for acting contrary to this reg., not excdg. $24. Tariff to be published in O. G. If the driver of any licensed cart shall refuse, when required by the hirer thereof, to carry in or by such cart a load of 16 cwt, (s. 182), or any less weight which the hirer may desire to have carried ;—Or if he refuses or neglects, without reasonable excuse, to drive such cart to any place within the limits of G. to which he is directed to drive by the person hiring or wishing to hire such cart :— Fine, not excdg. $24. ORD 28, '60 _ Suspension of licences, 8 181 Badge. 8 182 Load. § 183 Stands #8 184, § 185 Driver refusing to drive. ORD 26, ’60 8 186 Carts taking up loads in Water-at, § 187 Driver or proprietor exacting more than the legal fare. Evidence. S$ 188 Driver misbehaving. Being ob= noxious. Compensation. By whom paid. § 189 Cart un- attended, 228 MAGISTERIAL LAW. The driver of any cart receiving in Water-st. a load of timber, plank, or boards, or of any article projecting beyond the cart, shall go out of Water-st. at the first side street after starting, and if such load be intended for delivery at some other place in Water-st., he shall return therein by the side street nearest to the place of delivery :— Fine as in s. 183. Every driver of any licensed cart exacting or receiving from any person any sum excdg. the fare to which such driver was entitled ;—-Or, every proprietor of any licensed cart taking as a fare a greater sum than authorised by ord. or bye-law— Fine, not excdg. $24; the order of the P. Mag. may include payment of the sum so overcharged over and above the penalty and costs; such overcharge to be returned to the party aggrieved, whose evidence shall be admissible in proof of the offence. [This appears to be the sense of this s., which is not very clear.] If the driver or any other person having the care of any licensed cart be intoxicated while driving ;—Or shall ride on any part thereof ;—Or shall by wanton and furious driving, or by any wilful misconduct, injure or endanger any person in his life, limbs, or property ;— Fine, not excdg. $50. Any driver of any licensed cart, who suffers the same to stand across any street, or alongside of any other licensed cart ;—Or who refuses to give way, if he conveniently can, to any other cart or carriage ;—Or who obstructs or hinders the driver of any other cart in taking up, or setting down, any load into or from such other cart ;—Or who wrongfully, in a forcible manner, prevents or endeavours to prevent the driver of any other licensed cart from being hired :— Fine, not excdg. $24. In every case in which any hurt or damage has been caused to any person or property, as aforesaid, by the driver of any licensed cart, the P. Mag. may direct that the proprietor of such cart shall pay such sum, not excdg. $96, as appears a reasonable compen- sation. Every proprietor who pays any such compensation as aforesaid ee recover the same from the driver; recoverable in either case by istress. If the driver of any licensed cart leave it in any street, or at any place of public resort or entertainment, without some proper person to take care of it, any P. or T. Constable may drive away such cart, and deposit it at some neighbouring livery stable, or other place of safe custody :— Fine, on driver, not excdg. $24; in default of payment of fine, and expenses of taking and keeping the same cart and the animal drawing it, the same (or either of them) to be sold by order of the P. Mag.; and, after deducting from the proceeds the amount of the fine, costs. and EXCISE—GEORGETOWN. 229 expenses, as well before the Mag. as of the taking, keeping, and sale, the surplus (if any) of the said produce to be paid to the proprietor of the cart. If any person refuse to pay on demand to any proprietor or driver of any licensed cart the legal fare— wo not excdg. $24, and recovery of fare with costs before the P. ag. Power for the M. and T. C. to make bye-laws for certain purposes. By s. 192 the 7th (sic., but ? 8th) part to apply to carts in G. only. No person shall be allowed to ply for hire as a public porter in the removal or carriage of goods, wares, and merchandise in the city, without being duly licensed ;— Fine for acting contrary, not excdg. $24. Every licensed porter in G., before exercising his calling, must obtain a badge from the Mayor and T. C., on which shall be displayed the number of his licence. Every such badge shall be registered by the T. Clerk, and a fee of 24c. shall be paid for such badge. very licensed porter shall wear his badge suspended round his neck, so as to be clearly seen :— Fine, in default, not excdg. $24. The P. Mag., upon second convic- tion for any offence under this ord. with respect to licensed porters, or any bye-law in pursuance thereof, may suspend or revoke, as he may deem right, the licence of any such porter. Tariff of fares to be published in O. G. If any such licensed porter shall refuse or neglect, without reasonable excuse, to undertake or duly perform any work or job within the limits of G., when required by any person hiring, or wishing to hire, such porter ;— Fine, not excdg. $24. If any licensed porter shall exact, and receive, from any person any sum excdg. his legal fare— The person paying the same shall be entitled on complaint made against such porter before the P. M., to recover back the sum paid, and fine on porter not excdg. $24, and the overcharge to be recovered and returned to the party aggrieved, whose evidence shall be admissible in proof of such offence. Fines recoverable, under Parts VIII. and IX., unless otherwise specially mentioned, at the instance of any Town Councillor or person interested or aggrieved. See Part XII. under tit. “ Sanitary—Georgetown ” for general legal procedure under this ord. ORD 25, ’60 8 190 Refusing t> pay the fare. 5191. PART IX.— § 193 Porters to be licensed. § 194 Porters not to act with- out a badge. Fee for badge. How worn. Suspension. § 195. § 196 Porter refusing job, etc. Porter exact- ing more than the legal fare, § 216. ORD 14, ’55 Moral view of the fiscal laws. Magistrate's duty in excise tatters. 81. § 2 “Rum.” ORD 25, ’68 S 83 Effect of ord, on ord, 14, 55. SS 3-5. S 6 No officer, etc., to be interested in the sale of rum. $ 7 Distiller. Partners’ licence. Licensed pre- mises only to be used, §8 Distillation from cane only. S 9 Before licence granted, particulars to be furnished. 230 MAGISTERIAL LAW. Rum. In Gomes v. Harcourt (3 Jan. ’74) a conviction for selling a pint of rum contrary to law was upheld. One reason of review was that the Com. was a party to the offence, by sending the witnesses to incite the deft. to commit the offence. Snagg C. J. said:— The legislature has considered it expedient to countenance informations for breaches of fiscal laws, and the participation of the buyer does not excuse the act of the seller. The licensed dealers in spirits are subject to heavy duties, and might reasonably complain if they were not protected against the unlawful sale of spirits by illicit dealers. In fiscal cases it is peculiarly undesirable that a Mag. should descend from his position as a Judge into an arena of contest so precisely marked out, and so constantly open before him ; for breaches of the fiscal laws are more mala prohibita, and not to be classed with things mala in se; but they form a class of cases, and that class one expressly committed to the care of executive officers of the Gov. It isadelicate and doubtful thing for a Mag. to take any active course to strengthen the case of either party appearing before him.” (Williams v. Lynch, 1 R, C., 221.) Repeal clause. “Rum ”=rum or any spirit or spirituous liquor of which spirit distilled from the produce of the sugar-cane shall form an ingredient ;— See ord. 25 ’68, s. 4, which probably supersedes this definition: unless s. 83 of the same ord. restricts its operation as a general definition for the purposes of that ord. alone; while the present definition remains unaffected as the particular specific definition. 8. 3 describes the site on which the C. B. warehouse stands. 8. 4 relates to the appointment of customs officers; and, 8. 5 relates to their salaries. No officer, employed under this ord., shall permit any person in his family, or in his service, to take part, nor shall he him- self be interested or concerned directly or indirectly, in the sale of any spirtts whatsoever ;—misd. :— Fine, not excdg. $500, and dismissal. No person to have, or keep, any still or apparatus for the purpose of making, rectifying, or compounding spirits, without a licence. Partners carrying on one such trade in one house only, shall not be obliged to take out more than one licence. No licence to authorise any person to have, keep, or make use of any still, or to distil, rectify, or compound any spirits, in any premises other than those mentioned in such licence. No licence shall be granted for the distillation of spirit from any other substance than the produce of the sugar-cane. Before any licence shall be granted for distilling, rectifying, or compounding rum, the applicant shall furnish the Com., for the information of the Controller, with a description of the still, its shape, dimensions, and proportions, and the premises, EXCISE—RUM. 231 and with a declaration of the name, and residence, of himself, and of the principal person under whose actual management, or superintendence, the said trade or business is intended to be carried on; and setting forth further that such applicant is the owner of the still, or that he is the duly authorised repre- sentative or agent of the estate or premises upon or in which such still is to be worked. If the owner of the still shall be changed, or if any other person shall be trusted with the actual management, or superintendence, of such trade or business, further declaration thereof shall be forthwith made in like manner. Every declaration shall be signed by the party making the same, and shall be registered by the Controller, in a book to be kept for that purpose. Jf any such declaration shall be false — Penalty, $100. There shall be upon the premises mentioned in s. 9, one or more houses or stores, a particular description whereof shall be furnished to the Com, for the information of and to be regis- tered by the Controller, in which all rum, as distilled, shall be stored. Any rum which may be found in any part of the premises of any licensed distiller, rectifier, or compounder, except in such houses or stores, shall be forfeited, wnless the same shall be in course of lawful removal, or shall have been lawfully purchased by him, or shall be otherwise lawfully in his possession under this ord. Every person in the actual management of the trade or business of any licensed distiller, rectifier, or compounder, on whose premises such spirits shall be so found, except as aforesaid — Fine, not excdg. $24, besides $1 per gallon or less quantity of rum so found. The licence (Form A.) shall be issued by the Controller to the applicant within 7 days from receipt of the application. The Controller (notwdg. previous ss.) may grant to any apothecary, chemist, or druggist applying for the same, a licence (to remain in force for such time as to the Controller may appear expedient, and which shall be stated in such licence) to keep on his premises a still, the body of which, exclusive of the head thereof, shall not contain more than 8 gall., and to use the same for the distillation of spirits from any substance, for the purposes of his trade only. Any apothecary, chemist, or drug- gist, who shall have or keep any still, vessel, or utensil adapted for the purpose of distillation, without such licence, or who shall use or permit the use of the same, except for the preparation of medicines or other articles required bond fide for medical pur- poses :— Fine, $100, and forfeiture of every such still, etc., and all spirits distilled. ORD 14, ’55 Change of ownership of still. § 10 Premises to be accurately described. Rum found in other premises to be seized in certain cases, $11 Controller to issue licences, § 12 Apothe- caries and chemists may have stills of 8 gallons. If unlicensed or improperly used, ORD 14, '65 $ 13 No dis- tillation except from sugar cane, § 14 Number of gallons and density of wash set up to be entered in a book. Failure to do 80. $15 Quantity. § 16 Howrum to be removed. § 17 ‘‘ Whole- sale,” 232 MAGISTERIAL LAW. Any person who shall distil any spirits from any other sub- stance than the produce of the sugar-cane, unless under s. 12 ;—Or who-shall, without obtaining a licence (ss. 7-11) (unless he be acting for, and by the authority and for the benefit of, and in conformity with, the licence granted to any licensed distiller, rectifier, or compounder), have or keep any still, vessel, or utensil adapted for the purpose of distilling, rectifying, or compounding spirits, or distil, rectify, or compound any spirits ;—Or any licensed distiller, etc., or manager, or superintendent, who shall erect, place, or use any still, vessel, or utensil adapted for the pur- pose of ‘distilling, etc., upon any premises other than those men- tioned in the licence granted for the same :— Fine, not excdg. $1000, besides $1 yer gall., or less quantity of spirits, proved to have been so distilled, etc. ; and forfeiture of every such still, etc., and spirits. The person entrusted with the actual management or super- intendence of the business of any licensed distiller, rectifier, or compounder, shall keep a book showing the no. of gallons of wash set up and the density thereof, the number of stills run, and the quantity and strength of all rum distilled each day, and of all rum delivered each day, and to be at all times open to the inspection of the Contr. and Com., and of any person au- thorised in writing, by them or either of them, to inspect the same. Any manager or superintendent failing or neglecting to keep, or produce, such book, or to make the necessary entries therein :— Fine, not excdg. $100. Where the neglect has been mere carelessness, the fine inflicted has usually been a nominal one. : No licensed distiller, rectifier, or compounder shall sell or dispose of any one package containing a less quantity of rum than 45 galls. for consumption; nor of any one package con- taining a less quantity than 20 galls. for exportation, nor shall any less quantity than 45 galls., or 20 galls., be at any time taken out of any registered store of such licensed distiller, etc., (eacept as hereinafter excepted). Any distiller, rectifier, or com- pounder acting contrary to this clause :— Fine, not excdg. $500, and forfeiture of all rum so illegally taken out. No rum (except as hereinafter excepted) shall be removed from the registered store of any licensed distiller, etc., except to a C. B. Warehouse, or some store under the management of the Contr., or to be shipped for exportation at G. or at New-Am. No sale of rum shall be considered wholesale unless the quantity sold amounts to or exceeds 20 galls. if intended for exportation, or 45 galls. if intended for consumption: sees. 4 of ord. 25, ’68, “‘ Exciss—Spirituous Liquors.” EXCISE—RUM. 233 No rum sold by wholesale for consumption shall be delivered to the purchaser unless such rum shall first have been deposited in the C. B. Warehouse. Any person delivering rum, so sold by wholesale, contrary to this clause; or knowingly causing or per- mitting such rum to be so delivered on his account for consumption as aforesaid :— Fine, not excdg. $500, besides $1 per gall., or less quantity of rum, so sold or disposed of, and forfeiture of the rum. All rum which shall be removed from aC. B. Warehouse for consumption in the Colony, shall be gauged and proved, at the time of such removal, by the Contr., or by some person ap- pointed by him. The Contr. may order any rum intended for exportation to be so gauged, etc. Duty legally payable upon rum intended to be consumed within the Colony to be paid previous to removal from C. B. W. There shall be charged upon all rum stored in a C. B. W., or in any store under the management of the Contr., over and above any duty which may be due thereon, storage at such rates as may from time to time be fixed by the combined Court ; payable prior to removal. (By tax ord. 76—for consumption, 48c. per puncheon, in- cluding cooperage ; for exportation, 16 c. per puncheon.) The Contr. shall, on the application of any person desirous of removing rum from a C. B. W., or from any store under the management of the said Contr., deliver to such person (but without signing the same) @ permit (Form B), which shall state the quantity to be removed, the amount of duty due thereon, if intended for consumption in the Colony, the amount of storage due thereon, and the place to which the same is intended to be removed. And such person shall thereupon pay to the Rec.-Gen. and obtain his receipt for the amount so stated to be RB. due; and the Contr. shall, upon the production to him of such receipt, sign and deliver the permit. If any rum stored in a C. B. Warehouse, or in any store under the management of the Contr., shall not be removed within 3 years from the date on which the same shall be first deposited therein, it shall be lawful for the Contr., after one month’s notice in the O. G., to sell the same by public auction, and to deduct from the proceeds of such sale the amount of storage due for the same, and the balance of such proceeds, after pay- ment of the duties due upon such rum, shall be paid to the owner thereof on his application. . The Contr. may, under such regulations as he may see fit, permit the owner of any rum stored in a C. B. Warehouse, or in any store under the management of the Contr., to strengthen, ~reduce, colour, skip, or shift into larger or smaller packages, ORD 14, ’55 $°18'Sale by wholesale, § 19 Gauging —for consump- tion, For exporta- tion. S 20 Duty to be paid prior to removal, $ 21 Storage fees, S 22 Removal of rum. Receipt of S 23 Sale of rum if not re- moved within 8 years, S 24 Dealings with rum while in C. B. W. ORD 14, ’65 Previous gauging. § 25 Applica- tion for permis- sion to take rum for use. Receipt of R. G. 8 26 Sale of rum by retail, licence for, $ 27 Retail licences, how to be granted. 5 28 Rum to be taken for consumption from B. W. or licensed dealer. $ 29 Sale of rum for con- sumption—over 2 je 234 MAGISTERIAL LAW. and to bottle, mix, or blend such rum. If such rum shall be intended for consumption, it shall be gauged and duty and storage paid thereon previously to such permission being granted. The Contr. may, upon the application in writing of the manager of any estate or premises, whereon there is a licensed still, for pernrission to take rum from the stores for his own use (setting forth the necessary particulars), issue to such manager a certificate (Form C), but without signing the same, which shall specify the quantity and strength of rum so to be taken out, the amount of duty payable thereon, and the time when it is to be taken out; and such manager shall thereupon pay to the Rec.-Gen. and obtain his receipt for the amount of such duty; and the Contr. shall, on the production to him of such receipt, sign and deliver such permit. No permits shall be issued to any manager of the same estate or premises, which shall authorise the taking out of store for private consumption more than 45 galls. per ann. No person to sell or dispose of rum by retail (that is to say, in any less quantity than 45 galls.), unless he shall have first obtained a licence (Form D) ;—Or, unless he be acting for, and by the authority, and for the benefit, of, and in conformity with, the licence granted to some licensed retail dealer. Any person who shall, without such licence, sell or dispose of, or cause, or permit, to be sold, or disposed of, on his account, any rum in any less quantity than 45 galls. :— Fine, not excdg. $500, besides $1 per gall., or less quantity of rum so sold, etc. Licences to deal in rum by retail shall be applied for, issued, and transferred under ord. 25, ’68. (See ‘‘ Excise—Spirituous Liquors,”’ ss, 21-34—issue, s. 36—transfer.) No licensed retail dealer shall procure any rum for consump- tion within the Colony except from the C. B. Warehouse, and in packages of not less than 45 galls. No other person, except a manager of a distillery, shall procure any rum for consumption as aforesaid, except from the C. B. Warehouse or from a licensed retail dealer. .dny person acting contrary to this— Fine, not excdg. $48, and forfeiture of rum so procured. Whenever any rum excdg. 2 galls. in quantity shall be sold for consumption in the Colony to any person other than a licensed retail dealer, the seller thereof shall grant a certificate of such sale to the purchasér (Form E), to be signed by such seller, or person acting on his behalf, and to specify the date thereof, the name of the purchaser, the quantity and strength of rum gold, the period within which it is to be removed, and EXCISE—RUM. 235 the places from and to which it is to be removed. The seller to give such certificate upon receipt of the value of the rum so sold. Any seller or person acting on his behalf neglecting, refusing; or wilfully delaying to grant such certificate accordingly — Fine, not excdg. $24 (under 2 gs. is no offence—Cuvelge v, Landing, 2 BR. C., 22). No certificate granted under s. 29 shall continue in force, or shall be held to legalise the possession of any rum for a longer period than 48 hrs., unless the purchaser shall obtain the special permit of the Contr. or of the Com. for the possession thereof for such longer period as shall be therein stated. Obsolete. The possession by any person of any rum shall be unlawful ;— Except such rum shall be in the possession of any licensed distiller or retail dealer, in conformity with this ord ;—Or, except such rum shall be in the possession of any person legally em- powered to remove the same ;—Or, except such rum shall have been legally sold to the person in whose possession it shall be found ; provided that the possessor thereof shall, when necessary, have taken out the certificate required by s. 29 ;—Or, except such rum shall be otherwise lawfully in his possession under s. 25, Any person possessing any rum under circumstances not above excepted — Fine of $48, besides $1 per gall. or less quantity of rum so illegally possessed, and forfeiture of all such rum. In Williams v. Lynch, 1 R. C., 220, Beaumont C. J. said: “I should find it hard to put a satisfactory or clear construction upon this s., or to lay down any definite rules as to the essential requirements of penal charges brought under it. The greatest care should be taken, in any charge brought under its provisions, to meet and express anything which they really require. The charge here is so vague and uncertain, that it by no means appears to be brought under it at all, for it is merely that the appellant had in his possession two hogsheads containing rum, con- trary to the provisions of this ord.” A permit is not required for having rum in possession ; a conviction for such alleged offence was quashed. (Pistano v. Young, 1 R. C., 137.) In D’Aguiar v. Gordon (2 R. C., App. L) the charge was “ Having illegally in his possession a quantity of rum, to wit, 11 gallons, at, etc., on, etc., 1866, he not being a licensed retail spirit dealer, contrary to the provisions of ord. 14, ’65, s. 32. On quashing the conviction, Crosby J. said: “On comparing the charge and the record, with the provisions of the ord., it is at once self-evident there was no legal charge to which the deft. could be called on to plead, because without all the exceptions to the s. being negatived, there can be no legal charge, and, much less, a con- viction. It is not shown in the charge that the deft. was not possessed of the rum under any one of the circumstances mentioned in the excep- tions, and he may have been possessed of rum under all or any one of the exceptions not mentioned in the charge. He was not therefore by this charge compelled to prove he had a licence to sell rum, for he may have had large quantities of rum legally in his possession under some one or other or all the circumstances not negatived in the charge, and conse- ORD 14, ’65 Certificate of sale, S 80 Certifi- ee of. 3158. $S 32 Posses- sion of Rum. Construction of s, 32. ORD 14, ’55 $ 33 Rum not to be given away as gratuity. Diluted or not. S 34 Greater quantity than 2 gallons not to be removed without permit. Particulars of permit, § 35 Permit for removal of rum from vessels or carts. 236 MAGISTERIAL LAW. quently he could not be convicted under s. 32 (above), without the exceptions being negatived in the charge. The charge negatives only one exception, namely, not being a licensed spirit dealer, and it is obvious therefore no conviction could be sustained. Zhe exceptions must be all negatively set out, otherwise the 8. J. P. would have no jurisdiction, for the concluding words of the (above) s. show, if a person possesses rum under any one of the circumstances specified in the exceptions, he is not guilty of an offence. Of. Bacchus v. Warren, and Hore v. Duggin (2 BR. C., App.). The advantage and necessity of such exceptions being negatived is shown by the end of s. 20 of ord. 19, 56. The prosecutor cannot prove a negative, and therefore no deft. could be convicted on such a charge as that before the Court "—id. No proprietor, attorney, or agent of an estate, nor any manager, overseer, or other servant of, or person employed on, any estate or settlement, nor any distiller of rum, shall take, sell, dispose of, issue, give by way of gratuity, or in payment or part payment of wages, or hire, for any work or labour done and performed ;—Or deliver, under any pretence whatsoever, any rum diluted or undiluted with water or other liquid, in any quantity whatsoever, to any labourer whomsoever ;— Fine, not excdg. $24 per gall. or less quantity of rum diluted or undiluted with water or other liquid, taken, used, sold, disposed of, issued, given, or delivered, contrary hereto. : No rum eaxcdg. in quantity 2 galls. shall be removed without a permit accompanying the same (as near as is material to Form F), to be issued and signed by the Contr. or Com., or by some person thereto authorised, in writing, by them or either of them; and to be granted on the application of the manager of the distillery, or of the agent or represve. of such manager in G. or New-Am., or of the licensed retail dealer, or of the person who may have purchased the same from a licensed dealer, or of the person in lawful possession of the same. Such permit shall, upon information to be furnished by the party applying for the same, specify the name of the applicant, the name of the places from and to which the rum is to be removed, the name of the person to whom or vessel to or from which the same is to be delivered, the name of the person removing the same, the quantity and strength of the rum to be removed, the means of conveyance, the description of the packages, and the time within which the same is to be removed. The principal is liable on removal by the agent. (Robinson v. Cuckow, 2 R. C., 163.) No rum removed from the premises of any licensed distiller, rectifier, or compounder shall, on its arrival at G. or at New-Am., be removed from the vessel or cart, or other conveyance, in which the same may have been brought, until a permit (as near as is material to Form G) for such removal shall have been granted. EXCISE—RUM. 287 In the case of rum broughi into G. by the Dem. Railway, it shall be lawful for the Contr. to allow the same to be removed from the trucks under such arrangements as he may think fit. Under ss. 34-5 two permits are required, one to bear rum to town, another to ship it. Forfeiture was confirmed on appeal, because the rum was removed from the conveyance in which it was brought to town before the second permit had been granted. After reading ss. 35 and 37, Alexander J. said : “Form G, I observe, is entitled thus, ‘ Permit for shipwreck of rum ;’ whilst Form F required by s. 34, is entitled ‘ Permit for removal of rum.’ §. 35 requires it to be ‘as near as material to’ Form G. According to the decisions of the Judges, forms in a schd. cannot overrule the enactments of the statutes to which they are annexed, and are to be merely considered as guides.” (Simpson v. D., LR. C., 37.) On the arrival in G. or New.-Am. of any rum, the Contr., if he shall think fit, may cause the same to be gauged and proved. If the quantity and strength of such rum shall nvt correspond with the quantity and strength stated in the permit under which the same may have been removed from the premises of the licensed distiller, rectifier, or compounder, the person in whose ee the same may have been removed shall be guilty of an offence :-— Fine, $1 per gallon deficient in quantity or strength. Any rum removed contrary to this ord., and every cart, waggon, boat, vessel, or other conveyance, and every animal employed in such removal, to be forfeited. Every person concerned in the removal thereof shall be guilty of an offence :— Fine, $5 per gallon or less quantity of rum so removed. This ord. applies to removal within the Colony only. A conviction under s. 37 for importing rum from the Dutch side was quashed. (Prince v, Greenslade, 2 R. C., 216.) This s. does not include “ casks.’” They can only be seized under ord. 8, ’68, when the rum is not of proper strength. (Pistano v. Young,1R. C., 136.) (Ord. 8, °58, is repd. by ord. 25,68.) See “ Excise—Spirituous Liquors.” Tf any party by this ord. empowered to grant permits for the removal of rum, shall refuse, neglect, or wilfully delay, to issue the same without fee, gratuity, or reward— Fine—above damages recovered against him for loss sustained by the party requiring permit—$24. The Contr. or Com. (or any person thereto authorised in writing by them or either of them, or any officer of C. Customs) may at all times go on board of any vessel in any port of this Colony, and search for and take an account of any rum found on board such vessel, and demand the production of the permit for the shipment thereof. If any rum shall be found to have been shipped without a permit,—anything in ord. 16, ’54 (see 17 ORD 14, '55 Provisions as to railway. Permits. or New-Am, may be gauged, $37 Forfeiture of rum removed, and cart, etc. Within the Colony. “© Cagks.” S 38 Refusal of permit. S 39 Power to search vessels, ete. Rum illegally shipped. ; ORD 14, '65 Rum duly shipped, defi- cient. § 40 Right of entry on estates and stores there- on. Outhouses, etc. Production of authority. Obstruction. § 41 Concealed stills; search warrant. 8 42 Who em- powered to seize. 238 MAGISTERIAL LAW. “‘ Customs”) to the contrary notwdg. ;—Or if any rum known to have been lawfully shipped therein shall be found deficient— Fine, on the master or person in charge of such vessel, not excdg. $240, besides $1 per gallon so found, or found deficient, above a reason- able allowance for leakage. The Contr. or Com., or any person thereto duly authorised in writing by them or either of them may, at all reasonable hours by day, enter the registered store on any estate or premises ; and may with assistants, at all times, by night or day, enter into any other house, outhouse, or place whatsoever, made use of by, or on account of, any licensed distiller or retail dealer in rum, for the purpose of his trade or business, and measure and take an account of all rum and of every still and utensil of any kind kept therein, and examine all books, accounts, and documents connected with such business. Any person acting under such authority as aforesaid shall, if required so to do, produce to the person in charge of such premises the authority which may have been granted to him. If any party shall in any way molest, obstruct, or hinder any such officer, or person, in the execution of the powers vested in him as afore- said—- Fine and impr., as the Court shall award. Semble, “the Court” appears, since ord. 15, 68 (“ CusToms”), to mean the Mag. If any officer employed under this ord. shall know, or have cause to suspect, that any unlicensed or concealed still, or other utensil for making or distilling rum, is set up or kept in any house or place, then upon oath by such officer before a J. P. of the fact of such knowledge or grounds of such suspicion, such J. P. may by warrant under. his hand authorise such officer, with or without assistants, by day or night (but, if at night, then in the presence of a police constable), to enter such house or place wherein the officer shall know, or suspect, such private or concealed still, or other utensil, to be so set up and kept, and to seize all and every such still cr other utensil, and all such rum, wash, or other materials for distillation which he shall find, and either to detain the same in the house or place where found, or to remove the same to a C. B. warehouse, as may be most expedient. If not claimed by the lawful owner within ten days after seizure, for- feiture of still and other utensils, ram, wash, and other materials for dis- tillation; and fine on the owner or the person in whose custody the same shall be found, whether such seizure be claimed or not, for every place in which such still, etc., shall be found, and also for every such still, etc., found therein, $500. All rum and everything declared liable to forfeiture under this ord. shall be detained or seized by the Contr., Com., or any EXCISE--RUM. 239 person thereto authorised in writing by them or either of them, any officer of C. Customs, or P., or any constable. The Contr., Com., or any person thereto authorised in writing by them or either of them, or any officer of C. Customs, may go on board any schooner or boat or vessel which shall be in any of the ports, rivers, or creeks, or within 8 miles of the sea coast of this Colony, and rummage and search for any rum liable to forfeiture, and seize the same. Any officer or person authorised by this ord. to detain or seize any matter or thing, upon reasonable suspicion, may enter the premises of the Dem. Railway Co., and there, or elsewhere, detain or examine any cart, waggon, or other means of convey- ance, for the purpose of ascertaining whether any rum liable to forfeiture is thereon, or contained therein. If no such rum shall be found, then the officer, or other person, so detaining and ex- amining such cart, etc., having had probable cause to suspect that such cart, etc., had such rum thereon, or contained therein, shall not, on account of such detention and examination, be liable to any prosecution or action at law. Every person driving or con- ducting such cart, etc., refusing to stop when required so to do in the Queen’s name— Fine, not excdg. $100. If any rum, vessel, boat, cart, waggon, or other means of conveyance subject or liable to forfeiture under this ord., be detained or seized, such detention or seizure shall be reported to the Contr. within 24 hours thereafter, or as soon thereafter as practicable, and after condemnation thereof, such Contr., without the aid or assistance of an auctioneer, by himself, or any person authorised by him, shall advertise for sale and sell the same publicly to the highest bidder, at such time and place as he may think proper, and shall pay the proceeds of all such sales into the office of the Rec.-Gen. All rum, and all other matters and things seized as forfeited under this ord., shall be deemed and taken to be condemned, and the Contr., by himself, or any person authorised by him, and without the aid or assistance of an auctioneer, shall adver- tise for sale and sell the same publicly to the best bidder, and shall pay the proceeds of all such sales into the office of the Rec.-Gen., unless the owner of the same, or some person autho- rised by him, shall, within 1 cal. month from seizure, give notice in writing to such Contr, that he intends to claim such rum, or other matter or thing. No claim to any article, matter, or thing, seized under this ord., shall be admitted, unless such claim be entered in the name of the owner, with the addition of his residence and occu- pation; nor unless oath to the property in such article, matter, ORD 14, ’55 § 43 Power to search vessels and boats, Right of entry on railway pre- mises. When nothing found. Refusal to stop. § 45 Seizure to be reported to Controller. S 46 Con- demnation of rum seized, 8 47 Claim to be admitted, when. ORD 14, 55 § 48 How claim may be admitted, Default of security. 8 49, S 50 Security may be taken in certain cases of seizures. Form of bond. If not paid. 8 61In seizures, onus probandi, S 52 Collusive gelzures, 8 53 Proof of authority of officer. 240 MAGISTERIAL LAW, or thing, be made by the owner, his attorney or agent, by whom such claim shall be entered, to the best of his knowledge and belief. No person shall be admitted to enter a claim to any articles, matters, or things seized at any one time, of the value of $240, or upwards, nor to enter any defence to any complaint, action, or suit instituted for the condemnation of any article, etc., seized, as afsd., of said value, until sufficient security shall have been given, not excdg. $240, for costs, in the event of judgment against the claimant. In default of such security such articles, etc., to be forfeited, and condemned. Rep. by ord. 15, ’68 (see “‘ Customs ”’). The Judge, or Judges of any Court (see ord. 15, 68), or any two Js. P. (one 8S. J. P.—ords. 15, 68 and 11, ’58) having jurisdiction to try and determine seizures, with the consent of the Contr., may order the delivery of any article or thing seized on security by bond, with 2 sufficient sureties, approved by such Contr., to answer double the value thereof, in case of condem- nation or conviction. Such bond to be to the use of H. M. in the name of the Contr., and in case of condemnation the value thereof to be paid to the Rec.-Gen., who shall thereupon cancel such bond. If value not so paid, Rec.-Gen. to sue for same. If any rum, boat, or vessel, or cart, waggon, or other means of conveyance, or any horse, mule, ox, or other cattle, or any matter or thing, shall be seized under this ord., and any dis- pute shall arise whether such seizure is legal or not, then the proof of the illegality thereof shall be on the owner or claimer of the article seized, and the proof of the legality thereof shall not be on the officer seizing the same. If any officer authorised by this ord. to detain or seize any matter or thing, shall make any collusive detention or seizure ;— Or deliver up, or make any agreement to deliver up, or not to seize, any rum or other thing liable to forfeiture ;—Or shall take any bribe, gratuity, recompense, or reward for neglect or non-performance of his duty— Fine, $500, and incapacitation for public service. Every person who shall give or offer, or procure to be given or offered, any bribe, recompense, or reward to, or shall make any collusive agreement with, any such officer as aforesaid, to induce him in any way to neglect his duty, or to do, con- ceal, or connive at any act whereby this ord. may be evaded— Fine, $500. If upon any trial or complaint a question shall arise whether any person, acting as an officer, is authorised by this ord. to detain or make seizures, evidence by any such person, or by EXCISE—RUM. 241 any other person, of his acting as such officer shall be deemed sufficient ; and such person shall not be required to produce his commission, deputation, warrant, or authority. In case any information, suit, or action shall be brought to trial on account of any detention or seizure made under this or any ord. or law now or hereafter in force relating to duties on rum, whether of the produce or manufacture of this or any other Colony, or place, and a sentence or judgment shall be for the claimant thereof, and the Judge before whom the cause shall have been tried shall certify on the record that there was a probable cause of detention or seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such detention, or seizure, be liable to any suit, action, indict- ment, or other prosecution on account of such detention or seizure. If any suit, action, indictment, or other prosecution shall be brought to trial against any person, on account of such detention or seizure, wherein judgment or sentence shall be given against the deft., the pl., besides the things detained or seized, or the- value thereof, shall not be entitled to more than 4c. damages, nor to any costs of suit, nor shall the deft. in such prosecution be fined more than 25c. If any person shall molest, hinder, oppose, or obstruct any Contr., Com., or any officer acting in the execution of the powers and authorities under this ord. or any of them— Fine, not excdg. $500, recoverable under ord. 15, °68 (which see), “ Customs,” Every person who shall give information of any offence against this ord. shall be entitled to 4th the part of the fines, etc., less deduction for revenue defence fund, and less costs, charges, and expenses; 4rd of the balance to be divided between the Contr. and the Com., s. 57; 4rd to go to the seizing officer; 3rd to the Colony. Whole fine, etc., payable in first instance to Rec.-Gen., who apportions under ord. 5, ’72. Procedure—by ord. 15, ’68—under ords. 19, 56 and 3 and 5, ’68; see “ Customs ;” at the instance of the Contr. or Sub.-Contr. of rum duties, or any Com., P. officer, constable, or revenue officer. Where over $240, the fiat of the Att.-Gen, is required; s. 58 repealed. If any person shall by any false statement procure any writing or document to be made for the shipping, transhipping, unlading, landing, or removing of any rum ;—Or shall put off or publish any forged or counterfeited declaration, knowing the same to be forged or counterfeited ;—misd. :—- Impr., with or without h. 1., not excdg. 3 yrs.—Sup. Court. (This s. is altered in conformity with repealing ord. 26, ’62.) If any person shall falsely make any oath, declaration, or affirmation required by this ord—perjury, q. v. Power, in case any rum, vessel, boat, cart, waggon, or other means of conveyance, or any other matter or thing shall be detained or seized ORD 14, '65 S 54 Actions on account of seizures. Where “‘ pro- bable cause.” Costs and damages. S 55 Obstruc- tion of officers. § 56 Appro- priation of fines, S 59 False documents, S 60 Perjury. 8 61 Article seized may be restored by Governor. ORD 14, '55 Bar to action or prosecution. $ 62 Search warrant, 5 63 Rum sold by auction liable to duty. S 64 Interpre- tations, ORD 25, ’68 81. 88S 3, 3 Who may act as 8. J. P. 242, MAGISTERIAL LAW. under this ord., for the Gov. to order the same to be restored, etc. If the proprietor of the same shall accept the terms and conditions pre- scribed, he shall not have any action for compense or damage on account of such detention or seizure, and the person detaining or seizing shall not proceed in any manner for condemnation. If any officer, employed under this ord., shall know, or have any reason to suspect, that any rum is kept on the premises, or is in the possession, of any private person, not having paid duty under this ord., any J. P. may grant a warrant on oath made by such officer, of his knowledge or grounds of suspicion, authorising such officer, with or without assistants, by day to enter into the house, or upon the premises, wherein he shall know, or have reason to suspect, such rum to be kept, and to seize all such rum as he shall find kept contrary to this ord, :— : Forfeiture of rum and fine on occupier of the house or premises in which found, not excdg. $100, besides $1 yer gall. of rum so seized. All rum sold at public vendue or by private sale shall be liable to duty hereunder, unless the Contr. shall be satisfied that duty has been previously paid thereon. When mention is made of any officer, the officer mentioned shall be deemed to be such for the time being; ‘‘ Officer” — Contr, of rum duties, and sub-Contr., every Com., P. Constable, and other person authorised by this ord. to make any detention or seizure. ‘‘Day” — 24 hours, to be reckoned de momento in momentum, except a Sunday or holiday shall intervene; such Sunday or holiday not to be included. Spivituous Liquors. (Ords. 25, 68; 9, 71; 4, 74.) As to how far this ord. affects any ords. relating to rum, see 8, 88, infra. Ord. 15, ’61 does not apply—s. 26. See ‘‘Exctse—Taxes.” Repeal clause. : G. to be a Judicial distr. under the P. Mag. :—Sups. of rivers, etc., to act as 8. Js. P. within their own distrs., for places not comprised in any Judicial distr. ; and, similarly, revenue officers under ord. 9, '78 (see “Exoiss—Crown Lands”) can act as Commissaries out of fiscal distr. (s. 89). 8.8. Power for the Gov. to appoint Sp. Js. P. to act, in case of absence or inability to act of 8. Js. P., as to the granting and transfer of licences hereunder, and as to the ordering of seizures under s. 58, without oath of office, or any sp. appointment. EXCISE—SPIRITUOUS LIQUORS. 243 Any Com., or Clerk to a 8. J. P., may, in any fiscal district, without any sp. appointment, perform all the duties by this ord. assigned to the Com. Also revenue officers as above. “Licence” used by itself = ‘retail spirit shop licence ;” ‘‘Financial year’ = 12 months, commencing on the 1st July and ending on the 30th June; ‘‘ Rum” = all liquor whatever of which rum forms a component part; ‘ Proof” = proof as shown by Sikes’ Hydrometer ; ‘‘ Colonial Bonded Warehouse ” = the C. B. W. in G. or in New-Am. ‘By wholesale,” with reference to rum, shall mean in quantities of 45 galls. and upwards, when disposed of for consumption within the Colony ; and of 20 galls. and upwards, when disposed of for exportation ; and with reference to other spirituous liquors, shall mean in quantities of 40 galls. and upwards. “Business premises” = any room or place adjoining, or adjacent to, any store or shop. ‘‘Cocoa-nut rum, or toddy,” is not a spirituous liquor (ord. 29, 68). “Business premises” have been held to include a garden (D’Ornellas v. Wells, 2 R. C., 138). Whether they will include bush, 10 yards from a shop, seems questionable (D’Ornellas v. Leacock, ib. 150); they in- clude, however, a room above a shop, communicating with a trap-door (Arnold v. Gomes, 1b., App. 72). The principle as deciding what are or are not “business premises,” has been well discussed by Beaumont C. J. in Fernandez v. Greenslade, 1 R. C., 230, in which the Mag. held “ bed- room ” to be business premises. The Judge commented as follows, with- out deciding the point. This case came under the repealed ord. 6, 67 :— ‘¢¢ Business premises’ is a phrase so vague that it must be interpreted according to the subject-matter and allocation. It may include every part of the most extensive buildings, enclosures, wharves, etc., which either by user, occupation, structure, or enclosure, are subservient to, or merely connected with, a shop, an office, or other place of actual business. It may mean, on the other hand, the very shop, office, or place of actual business, forming 2 part, and often an insignificant part, as regards the position, or structure, of such premises. Its meaning again may be ascertainable by extension, application, and restriction, variable accord- ing to the circumstances of each case, but conforming to some general principle, or intent, to be ascertained from the ord. The cplt. in this case of course contends for the first and largest meaning of the words ‘business premises,’ the deft. for the second and narrowest meaning of the term. The Mag., I apprehend, may have acted either upon the cplt.’s view of the law or upon the third alternative, reading the ord. as if it had contained the words ‘for the purpose of sale,’ inferring that these spirits were kept where they were for the purpose of sale; and that, therefore, the place where they were kept, though a bed-room, apparently came within the meaning of ‘business premises.’ The first alternative seems to me too wide, and indeed too extravagant, to be even assumed as the intention of the Legislature. The second con- struction would seem to tend to frustrate the apparent object of the ord., and consequently would hardly be adopted if any other legitimate con- struction might seem open. The third alternative seems to: partake of the objections to both the others; and it is not easy to see how it can be consistently adopted in principle or defined in practice. Of course in arriving at any construction it must be remembered that a penal law, especially, cannot be strained beyond its plain terms and meaning; and ORD 25, ’68 Who may act as commissary. § 4 Interpreta- tion. “ Business premises.” ORD 25, ’68 8 5 Sikes’ hydrometer and tables, S 6 Issues of licences. ORD 9, ’71, § 2. ORD 4, '74, s 6. 3 kinds of li- cences, “ Not to be druuk on the premises.” § 8 Unlawful sale of rum, 244 MAGISTERIAL LAW. when this meaning is doubtful, it must be construed more narrowly rather than more widely. But, onthe whole, I find so much difficulty in arriving at a final opinion upon this perplexing question, that I prefer to rest my decision in this case upon other grounds which it affords, although I have not thought it right to pass over the question of con- struction, which must no doubt recur, without pointing out for future guidance those considerations that seem to mark out the line of con- troversy and of ultimate decision, and thus far to express a qualified opinion on the result of those considerations.” Every instrument purporting to be a Sikes’ Hydr., and all weights used with the same, and all printed tables purporting to be tables for ascertaining the strength of spirits with Sikes’ Hydr., according to their temperature by Fahrenheit’s Thermo- meter, and purporting to be printed by authority of Parl., may be used by any officer of Col. Revenue in order to ascertain the strength of any rum for the purposes of this ord., and, as well as any Fahrenheit’s therm. used by any such officer for the purpose of ascertaining the temperature of such rum, shall be deemed to be correct, and to give correct results, until the con- trary shall be shown by some person interested. The Rec.-Gen. shall deal with all licences whatever issued for localities within Dem. and Ess.; and the Ass. Rec.-Gen. with those within Berbice. There shall be 8 kinds of licences authorising the sale of spirituous liquors: (1) a liquor store licence, authorising the sale of all spirituous liquors, except rum, in quantities not less than 2 galls.; (2) an hotel or tavern licence, authorising the sale of wine, malt liquors, and all spirituous liquors, except rum, to be drunk on the premises; (8) a retail spirit shop licence, authorising the sale of wine, malt liquor, and all spirituous liquors whatever, except rum, in any quantities, whether to be drunk on the premises or not, and authorising the sale of rum, in the shop for which the licence is taken, in quantities not excdg. 2 galls. at a time to one purchaser :— After the classification in s. 27 of the Tax. Ord. the quantity of rum depends on the class; ord. 4, °74 provides for the extension of the quantity (see form of licence H). ~ Every sale in excess of such quantity of rum in any retail spirit shop— Fine, on holder of licence (3), not less than $5, and not more than 50. No special licence required for selling wine and malt liquor, not to be drunk on the premises. (The nos. (1), (2), (3) are used for facility of reference only —ED.) Every person who shall sell or offer for sale, or shall barter, exchange, or otherwise dispose of, any rum, except by wholesale, EXCISE—SPIRITUOUS LIQUORS. 245 or in some retail spirit shop, for which he or some person by whom he is employed shall have a licence— Fine, not less than $50, and not more than $500. In Applethwaite v. Fauset (30 May, ’74), a conviction for selling rum without a shop licence under s. 8 of ord. 25, ’68 was affirmed. The following case was decided under this s. :— Man v. McTurk.—This was an application for review of the proceed- ings on a charge against the appellant, that he, being the manager of Pl. Waterloo, in Ess., being the person entrusted with the actual super- intendence of the licensed distillery of thatestate, did, on, etc., knowingly permit 62 gallons of rum then contained in one hogshead to be delivered from the registered rum store of the licensed distillery of said pl. on his account for consumption within the Colony, said hogshead of rum not having been first deposited in the C. B. W. in G., contrary to law. The charge and summons resemble the language of s. 18 of ord. 14, 55. On the hearing of the complaint on the 10th May, ’76, upon appellant’s counsel asking what ord. the charge came under, the Mag.,as appears by the proceedings returned to this Court, said s. 18 of 14, ’55 was the one to be gone upon. The proceedings seem to have been continued without amendment until conviction of the applicant. By the conviction re- turned to this Court dated 31st May, ’76, the appellant was convicted for disposing on, etc., of 263 galls. of rum, contrary to ord. 25, ’68, and ad- judged to pay $500 and costs. The Judge then cited s. 8 above, and continued :—“ An affidavit has been filed by the counsel for the appellant, that he attended the Mag.’s Court on the days on which the case was heard and determined, and that on neither of the days aforesaid, nor during the hearing, nor on the day the case was decided, did the Mag. intimate that he intended to make any amendment in the charge there before him, or that he intended to proceed under s. 8, nor did the cplt. on the days aforesaid, nor during the hearing, apply for any amendment of the charge. The fiat of the Att.-Gen. required for prosecution under the original charge was indorsed on that charge, but no fiat or authority of the Att.-Gen. to prosecute was obtained from the Att.-Gen. for an offence under ord. 25,68. The offences created by the two ords. are dic~ tinct, and by the ord. 19, °56, s. 14 (p. 5), every complaint before a J. P. should be for one matter of complaint only, and not for two or more offences. The appellant has assigned various reasons for review, but I need deal only with one—that the conviction is erroneous in point of law, because the appellant was charged with and summoned for an offence under ord. 14, ’55, and convicted under ord. 25,68. The Court was asked by the Solicitor-Gen. to amend the proceedings under ss. 3 and 2 (pp. 45-6) of the review ord., or under s. 25 (p.-45) to remit the matter to the J. P. with the opinion of the Court thereon. Those enact- ments seem to have been adapted from 11 and 12 Vict., c. 43, 8.1; 12 and 13 Vict., c. 45, 8.7; and 20 and 21 Vict., v. 43, 8.6. They do not warrant amendment of the conviction in this case, nor can I usefully remit the matter to the Mag., who is also out of the Colony at this time, The conviction will be quashed.” This case was heard and determined by the Review Court in the absence, on leave, of the (Editor, the) convicting J. P., from the Colony. It seems not out of place to make the following comments, which tend to show that there was some mistake in the evidence or facts as presented before the Review Court, and that the respondent’s case might well have been argued—perhaps successfully. (1) The words “contrary to law” were substituted in the infor- mation by the Att,-Gen. in lieu of specific words describing the alleged ORD 25, ’68 Remarks on Man v. McTurk. ORD 25, '68 Remarks on Man v. McTurk, 246 MAGISTERIAL LAW. offence to be in contravention of any particular enactment, as origin- ally drawn by the Commissary; this fact was given in evidence. (2) When appealed to by the appellant’s counsel in Court, the Mag. most distinctly declined to state under what particular ord. the case would proceed, on the grounds that that was the province of the pro- secuting Commissary, and not his (the Mag.’s), as he could not possibly know what the facts were. At the same time the Mag. read out all the sections of every ord. he could recall to mind as bearing in any way on the charge, and asked the Commissary to state under what particular enactment he wished to proceed. This the Vommissary in his turn declined to do, on the grounds that the Att.-Gen. having settled the in- formation he could not presume to amend it in that respect. The Mag. finally said he would in giving judgment, should any offence be proved, state under what particular enactment he should hold the offence to be roved. z (3) The Mag. amended the information or charge on the last day of the adjourned sitting for the case—when giving judgment: the authority for doing which is to be found in ord. 5, 68, s. 3 (p. 7) :—“ Any J. P. may, at any time before his final decision in any matter, cause any such information, etc., to be amended so as to state the offence, or ground of information, etc., correctly and in proper legal form ; butif any such amendment shall appear to the J. P. present and acting at the hearing, to be such that the deft. has been thereby deceived or misled,” J. P. to adjourn, etc. As the Mag. amended the information only so as to tally with the offence, made out by the evidence, “correctly and in proper legal form,” he did not consider the deft. could possibly be “deceived or misled; surely a deft. can only be misled by the evi- dence proving a case different to what all along he understands to be attempted to be made out against him. The amended information was read out in Court by the Mag. at the time of giving the judgment in which it was embodied ; so that all parties had due notice of the amendment. See Cuckow v. De Jesus (p. 20)—“ Where judgment is merely reserved, the parties need not be called ’—on an adjournment—‘‘as it is their own business to be present or not.” This case and the above-mentioned ord. would seem to show that the amendment is to move from the Mag., and not from the prosecutor, and that the Mag. may amend whether the parties are present or not. Hence the course the Mag. took was, semble, the right one; and the appellant’s counsel having made no objection to the amendment—at the announcement of which he was, though not obliged to be, present—he should have been precluded from raising any such objection at the hearing on review. (4) The fiat having been obtained to the information, must of course be considered as obtained to the information as amended by the Mag. ; otherwise every amended complaint, etc., must be submitted to the Att.- Gen. for a new jfiat,—a state of things certainly not contemplated by any existing ord. or law. (5) There is nothing to show that the deft. was summoned under one ord. and convicted under another, he having been summoned under the whole body of the laws, including the one under which he was convicted. In D’Oliveira v. Darrell (p. 1), the only case ever decided by the Review Court on this particular point, except the present case, it is laid down as one of several safe courses “not to refer at all to the precise law by its particular enactments and sections;” and in the same case it is thought equally safe “to refer to the enactment under its original head- ings, adding by way of security and caution any amending ord.” There seems little to choose, in this latter course, between that suggested, and specifying “the law ” on the subject generally—a term which embraces the ord, on the subject and itsamendments, Ord.26,’68 stands in a peculiar \ EXCISE—SPIRITUOUS LIQUORS: 247 relation to ord. 14, ’65, inasmuchas it is not declared to repeal or amend any part of it; but by s. 83, ord. 26, ’68 is only restricted from amending the general law of rum—without stating in what particular enactments such law is contained. (6) The matter could surely have been most usefully remitted to the “acting Mag.” of the convicting Mag.’s district; for, by s. 30 of ord. 25, 68 (p. ix., Intr.), “if the 8. J. P. be temporarily absent his duties may be performed by any other S. J. P., who shall for all the purposes of lovey case of summary jurisdiction] be held to be the S. J. P. of the istrict, any law or ord. to the contrary notwithstanding.” The Ed. has commented on this case with a view of pointing out that, semble, the following points have, advertently or inadvertently, been decided :— (1) In every penal information the particular s. of the ord. proceeded under must be stated : upsetting D’Oliveira v. Darrell (p. 4). (2) It is the Mag.’s province to state under what penal clause, in par- ticular, a case must be tried, before he hears the evidence. (3) A “fiat” on an information “contrary to law,” is not a valid “fiat” for an information contrary to any particular penal clause, parcel of such general law. (4) On every amendment of an information bearing a “ fiat,” a new “ fiat”? must be obtained. (5) Ord. 5, ’68, s. 3—as to J. P.’s power of amendment—is a dead letter. (6) The rule that an objection that was not raised at the hearing before the Mag. (when it might have been) is not to be raised in review, is also a dead letter. (7) Ord. 25, ’68, s. 30 (p. ix., Intr.)—as to power of acting Mag. to take the place of the Mag. of tne district—is a dead letter. It is not necessary (under rep. ord. 10, ’51) to prove the deft. sold the rum herself, it being proved it was deft.’s shop; nor the ownership ing. of the house, when it is proved the deft. is in occupation of the shop. (Baker v. Tappin, 1 R. C., 33.) Selling a pint of rum in a cook-shop. (Jesus v. Darrell, 2 R. C., 136.) A defendant cannot be admitted as a witness on his own behalf under this s. (Rodriques v. Darrell, ib. 83; Jesus v. Darrell, ib. 136.) On conviction under this s. on the evidence of 2 informers, the deft. also having witnesses, Snagg C. J. said :—“ False charges may be got up against shopkeepers for selling liquor, and false swearing may not be un- common. A responsible duty is therefore imposed upon Mags. of care- fully weighing the evidence in charges of this description; and when that duty is carefully exercised, there must be strong ground shown to justify the interference of the Court of Review.” (Gonsalves v. Darrell, 2b. 135. The Oasis must prove that the deft. holds a tavern licence, serve notice on him to produce his licence, or otherwise show he had one. The Rec.-Gen.’s list under this ord. is not made evidence. Conviction quashed for want of such proof. (D’Oliveira v. Darrell, ib. 190.) Under this s. appellant was convicted of selling or offering for sale, barter, or exchange, or otherwise disposing of one pint bottle of wine to be drunk on the premises, in his retail provision shop. Conviction quashed, as comprising 2 charges (see ord. 19, ’56, ». 10, p. 10). A charge of selling a “bottle” of brandy—a questionable definition of quantity. (D’Oliveira v. Darrell, 1 R. C., 218.) Every person who shall sell, or offer for sale, or shall barter, exchange, or otherwise dispose of, any other spirituous liquor, except by wholesale or in some retail spirit shop, or some liquor store, ORD 25, ’68 Remarks on Man v. McTurk, Apparent results of de- cision in Man v, McTurk, DECISIONS. : Proof of “‘sell- Quantity. Deft. a wit- TesB. Informer’s evidence. Licence— onus probandi. Double charge. “Bottle,” (8 8) And other spirits. ORD 26, ’68 § 9 Spirits (except rum) sold in less than two gallons, Lic. (1). Sale, without lic. (3), of wine, etc., to be drunk on the premises, Holder of lic. (2) selling spirituous liquor, except to be drunk on the premises, or by wholesale, One charge only, a “ Sell, or offer to sell”"=2 charges, §$ 10 Sub- divisions of classes of li- cences. Time for which licences may be taken out (1 and 8). * 248 MAGISTERIAL LAW. or some hotel or tavern, for which he, or some person by whom he is employed, shall have a licence— Fine, not less than $20, and not more than $200. One offence per diem only. See next s. Every holder of a liquor store licence (1) who shall sell, or offer for sale, or shall barter, exchange, or otherwise dispose of, any spirituous liquor other than rum, in quantities of less than 2 galls. — Fine, not less than $50, and not more than $500. Every person other than the holder of a retail spirit shop licence (3), or of an hotel or tavern licence (2), who shall sell, or offer for sale, or shall barter, exchange, or otherwise dispose of any wine, or malt liquor, to be drunk on the premises— Fine, not less than $10, and not more than $50. Every holder of an hotel or tavern licence (2) who shall sell, or offer for sale, or shall barter, exchange, or otherwise dispose of, any spirituous liquor except to be drunk on the premises or by wholesale— Fine, not less than $50, and not more than $500. Not more than one charge shall be brought against any person in respect of offences against ss. 8 and 9 committed on one day. In Gonsalves v. Joseph, 2 R. C., 99, appellant was convicted on a charge “ of selling, or offering for sale, barter, or exchange, or otherwise disposing of, one pint bottle of wine to be drunk on the premises, in his retail provision shop.” Snagg C. J.:—“This complaint or information charges the sale, or offer to sell wine to be drunk on the premises. The words ‘sell, barter, exchange, or otherwise dispose of,’ may be considered a different mode of expressing one act, for the words ‘ otherwise dispose, of,’ can have no meaning except in reference to the preceding words, sell, barter, or exchange ; but they do not mean the same thing as an offer to sell. It might have been sufficient to have charged that the deft. did sell, barter, exchange, or otherwise dispose of. But the charge of selling, or offering to sell, in the disjunctive is erroneous, Being in the disjunctive, it charges that the deft. did one or the other of two things. The Court of Q. B. have held that a conviction under certain statutes, where the offence charged was that of keeping a house open for the sale of beer, and suffering the same to be drunk and consumed in the house at an unlawful hour, was bad. Here the Mag. has convicted the accused of disposing of wine drunk on the premises, which might be done against the will of the accused.” Conviction quashed, There shall be one class of licences (1), one class of licences (2), and as many classes of licences (3) as may be fixed by any tax ord, (See ‘“‘ Exciss—Tax Ord.,” s. 27.) Licences (1) and (8) may be taken out at any time, for the whole unexpired portion of any financial year, provided that the period for which they are taken out shall not be less than EXCISE—SPIRITUOUS LIQUORS, 249 3 months. Licences (2) may be taken out at any time, for the whole unexpired portion of any financial year, provided that the period for which they are taken out shall not be less than 1 month. (See Tax Ord., s. 28.) All licences dealt with in this ord., and Rum Licences Ord., 14, ’55, 8. 27, shall be obtained and paid for as follows :— 8. 13 appoints an Excise Board, with a Chairman and Secretary. 8. 14 empowers the Excise Board to determine as to the grant- ing of licences (1) and (2), and as to the granting and classifi- cation of licences (3), and to regulate the issue of all licences, and to supervise the holders thereof, and all Commissaries and others under this ord. §. 15 defines the duties of the Excise Board, viz., to frame regulations consistent with this ord. ; (a) for classifying licences (8), (see 8.27 of Tax Ord.) ; (b) for guid- ing the Commissaries and others engaged in carrying out this ord., providing them with proper forms. Bys. 16 their powers may be exercised at meetings, 3 members to be a quorum; the Chairman to preside, and convene meetings ; if not present, a deputy to be chosen. Application to be made to the Excise Board for licence (1), in form A (see below); for licence (2), in form B. Applicant to furnish an address in G. 1 Board to grant or refuse—reasons of refusal to be given. Deci- sion to be sent to address in G. (s. 17). 5S. 19. On refusal, applicant may appeal to Gov. and C. of P., within 7 days of notice of Board’s decision with full statement of grounds of ap- peal. Decision of Gov. and C. of P. to be sent to address (s. 17) in G. If either by the decision of the Excise Board or of the Gov. and C. of P. the application be granted, the licences granted on payment of charges to Rec.-Gen. Form C for licence (1); D for (2). No holder of licence (1) to be allowed to take out opium licence. (See ord. 22, ’61, 8, 8, “ Oprum.’’) To the Sec. of the Excise Board. I, A. B., (trade or occupation) now residing at , in the parish of , in the county of , do hereby make application to the Excise Board for a liquor store licence to sell spirituous liquors, other than rum, in quantities not less than two gallons, in the pre- mises occupied by me, and situate at (here describe the premises as accurately as possible) where I intend to keep a licensed liquor store. Given under my hand this day of , 18 (Signature of applicant.) 8. 21. Notice:—The 8. J. P. of every Judicial dist., by advt. in O, G. and one newspaper, at least 5 days before the day of meeting, to convene the Js, P. in such dist., ‘‘ for the purpose of entertaining applications for retail spirit shop licences for the future financial year,’’ on the 2nd Mon. in May in each year; advt. to fix the hour, and name a place of meeting within the dist. Record Book, see s. 45. ORD 25, '68 (2). SS 12—16 (Excise Board), Licences, how to be obtained and paid for. Powers. Regulations. SS 17—19 Ap- plication for a liquor store (1); 8. hotel or tavern licence (2). Opium licence. Form A, 8. 17 Application for a liquor store licence (). SS 21—34 Ap- plication for retail spirit licences (3) for whole year; also for retail rum licence (ord. 14, ’55, 8, 27), 250 MAGISTERIAL LAW. ORD 25, '68 Ss. 22-8. Application for renewal, or new licence, at least 5 days before the day of meeting; applicant to serve the Com. for the fiscal district in which the intended business premises are situate, with a notice (Form E) in duplicate, signed by him- self or his authorised agent: applicant for new licence also to affix a copy on both the out and insides of the outer front door of the said premises, and to keep same affixed till application decided by the Excise Board. Ss. 24-5. The Meeting.—Applicant to attend; St. J. P. (or in his absence, a Sp. J. P.—see 8s. 3; or in default of both, the Senior J. P.) to be Chairman: decision by majority, on equal division ; Chairman to have casting vote: 8. J. P. or one J.P. alone to be a quorum: power of adjournment: Com. to be Sec. 8. 24. Business—Justices to ‘inquire into the character and circumstances of the applicant,and generally as to the expediency of granting the licence, and shall in every case pro- cure such information as may be available as to the circum- stances of the proposed sureties,” with the assistance of the Com. Parties, witnesses, etc., to be heard on oath. 8. 26. Reports.—On the conclusion of the inquiry, the Chair- man or single J. P. to report to the Excise Board, stating any general information, and recommending the granting or refusal of the application, with reasons. The Com. to report to the Excise Board particular information as to the locality, and the population of the neighbourhood of the premises, and any general information. 8. 27. Refusal.—The Excise Board, on consideration of re- ports, to grant or reject the application; decision to be intimated to the Com., who shall notify it to the applicant; no appeal on rejection. §. 28.—On grant of the application, the Board to classify the licence. Com. to notify to applicant the classification, and his right to obtain the licence on conforming with s. 82. B29 Disseti If applicant dissatisfied with classification, he may either vtemact with at once withdraw his application, or may appeal to the Gov. classification. and C. of P. by petition, stating reasons, not later than one week after the Com.'s intimation of the classification, with a letter to the Clerk of the Court, naming an address in G. 8 31, The Gov. and C. of P. may confirm, alter, or vary the classi- fication made by the Excise Board. The Clerk of the Court to communicate the decision to the applicant at the said address; if dissatisfied, he may at once withdraw his application; but (s. 82) if desirous of proceeding, within 5 days after intimation Paymentand by the Com., or 7 days after communication by the Clerk eureuer: of the Court, the applicant and his sureties shall appear before the 8. J. P., who, with the Com., shall make full inquiry into the sufficiency of the sureties; on approval, the applicant shall EXCISE—SPIRITUOUS LIQUORS. 251 then and there pay to the Com. the first monthly instalment for his licence, and he and his sureties shall then and there execute a bond (Form F), for the payment of the remaining monthly ORD 25, ’68 instalments, each in advance ; Com. at once to forward money, . and bond to Rec.-Gen. Payment and execution of bond entitles applicant to 8. J. P.’s certificate G, which again entitles him to licence H from the Rec.-Gen. Except with express per- mission of Board in writing, 8. J. P. not to grant certificate G after 15th June (ss. 83-4). As to form of bonds, see ord. 4, ’74, 8s. 1; retail rum licences to be granted in same way, ord. 14, ’55, s. 27. Holder of licence (3) not to have opium licence too ; see ord. 22, ’61, s. 8, ‘‘ Oprum.” Application may at any time be made for licence (8) for any period not less than 8 months of the unexpired portion of the financial year, as in ss. 21-34. §. J.P. to convene Js. P. as before, 8 days before day of meeting, etc., as in ss. 21-34. (See ‘‘ Exctse—Tax Ord.,” 8. 28.) Transfer to different premises of licence (8): application (Form I): procedure as in s. 85. Prohibition—no licence to be removed from a locality in one fiscal dist. to a locality in @) another f. d. On removal from one Judicial dist. to another, 8. J. P. of latter to deal with the application. Period may be less than 8 months, As to return by 8. J. P., sees. 45. Transfer to another person of licence (3): application, by joint notice, by proposed transferor and transferee (Form K), to be served in duplicate on Com., as in case of renewal: procedure as in s. 85 (i.e., ss. 21-34, except 8 days in lieu of 5 days), but no new classification to be made: intimations, etc., to be made to both parties, who must both attend the meeting. Js. P. to treat transferee as an applicant for a licence: on exe- cution of bond, 8. J. P. to endorse existing licence. Period may be less than 8 months. As to return by 8. J. P., sees. 45, Retail rum licences to be transferred in same way (ord. 14, ’55, 8. 27). Every + ides of a licence (3) who shall desire to sell in his retail spirit shop within the then unexpired portion of the then financial year any greater quantity of ram than that authorised to be sold under his licence (s. 27 of Tax Ord.) shall be entitled to have his said licence extended by the Rec.-Gen., Ass. R. G., or any Com., to authorise the sale therein during such period of any additional no. of galls. of rum of full strength of proof by Sikes’ Hyd., on giving notice to any one of such officers of the additional no. of galls. of such rum to authorise the sale of which he so desires to have his said licence extended, and on paying to such officer the amount required by law. Every licence for a retail spirit shop (8) may be so extended to authorise the sale therein of any additional no. of galls. of such Retail rum licence. Opium, 8 35 Applica- tion for retail spirit licences (8) for portion of a year. § 36 Applica- tions for trans- fers of retail spirit licences 3). 8 37. Retail rum licence. ORD 4, '74 $ 2 Extension of licence (8) for sale of greater quantity. ORD 4, '74 $ 3 Endorse- ment of licence (3) on extension, S 4 Commis- sary after taking stock to give holder of licence (3) a statement of calculated quantity pre- iously sold. S 5 Holder of licence (3) selling more rum than authorised by licence. ORD 26, ’68 $ 40 In what cases Justices may not take part. 252 MAGISTERIAL LAW. rum, and as often as the convenience of the holder may require. The Rec.-Gen., Ass. R. G., or Com., on receiving such notice, and on the payment of the requisite amount, shall en- dorse on such licence the additional no. of galls. of rum of full strength of proof by Sikes’ Hyd., to authorise the sale of which such licence has been extended, together with the date when such money was paid. Every Com. on each occasion, when he shall take account of the quantity of ram sold by any holder of a licence (3), shall, before he shall leave such shop, give to such holder, or to one of the clerks or shopmen therein, a written statement, signed by himself, and dated, of the no. of galls of rum of full strength of proof by Sikes’ Hyd., which, according to his calculations, have been sold in such shop since the time when the licence for such shop came into operation, together with a statement showing how such result is arrived at. If the holder of any such licence shall consider that there is any error or omission in any of the calculations so made by the Com., he may within 14 days thereafter bring the matter before the Excise Board, who shall have full power to investigate the same, and correct any error or omission, and whose decision in respect thereto shall be final and binding upon such holder. Every holder of a licence (3) who shall sell, or permit to be sold in his shop, any rum, beyond or in eacess of the quantity which such licence authorises him to sell therein— Fine, for each sale, not excdg. $500. No holder of any such licence shall be liable to be proceeded against under this s. in respect of any such sale, unless a written notice from a Com., warning such holder that the quantity of rum originally mentioned in such licence, or the quantity for which his said licence may have been extended to authorise the sale of, has been already sold in such shop, shall have been left at such shop for 7 days previous to such sale, and such holder shall neglect for such period to have his said licence duly and sufficiently extended, and to pay the required amount. Any- thing in ord. 25, ’68 and 9, 71 inconsistent with ord. 4, 74 is repealed. No J. P. to take any part in any proceedings relating to the granting or the transfer of a licence, when the premises for which the licence is sought, or to which it is attached, or to which it is to be transferred, or the land whereon such premises are situate, shall be the property, in whole or in part, of such J. P., or of a person for whom he shall be manager or agent, or of a person to whom he shall be, either by blood or EXCISE—SPIRITUOUS LIQUORS. 253 marriage, father, son, or brother, or of a person of whom such J. P. shull be the partner in any trade or business. Coms. and p. force to be incapable of holding any licence hereunder. Com. to receive from every applicant for licence (8), or for the renewal or transfer of the same, the sum of $2, to be paid on service of notice. Except as hereinbefore provided by the Excise Board, no decision of any J., or Js. P., in relation to the granting or the. transfer of any licence, to be subject to appeal. Except as afore- said, nothing done, or omitted, or refused to be done, by any J. or Js. P., in relation to the granting or the transfer of any licence, to be brought in question by or before any Court, ete. The C. Rec.-Gen. to keep lists of licences (1), (2), and (38), to be published, etc. 8. J. P. to keep a separate book for entering matters relating to licences (8) (when and so soon as prescribed) in form pre- seribed by the Excise Board; and on or before the 5th of each month, 8. J. P. to forward to the Ex. Board a copy of all entries during the preceding month. Every holder of a licence, (1), (2), or (8), shall affia on the outside of, and over, some conspicuous door in the front of such store, shop, hotel, or tavern, a board, on which there shall be legibly and clearly painted in white letters, not less than 3 inches long, and on a black ground, the name of the holder of the licence at length, and underneath, the words “licensed liquor store,” ‘‘ licensed retail spirit shop,” or ‘licensed hotel,” or ‘‘ licensed tavern,” as the case may be :— Fine in default, 1st cffence, $10; 2nd, $20; subsequent, $40. Every continued omission to affix such board for 10 days after the last previous conviction shall be considered a repetition of the offence, If any intoxicating drink whatever shall be delivered in or from any licensed retail spirit shop, or in any licensed tavern or hotel, to any person appearing to be in a state of intoxication — Fine, on the holder of the licence therefor, not excdg. $5, All liquors dispose of in any licensed retail spirit shop shall be sold for money, and shall not be bartered or exchanged for any other thing :— Fine, on the holder of the licence (3), not excdg. $10 for every breach. If at any time there shall be a riotous, or disorderly, or noisy meeting, or assemblage of persons in, at, or near any licensed retail spirit shop, the person in charge of such shop shall im- 18 ORD 26, ’68 S 41 Persons disqualified. S 42 Fee to Commissary. 8 43 No review. 844. $455. J.P. —Record and Returns, S 46 Sign- board to be affixed. What is a repeated offence. § 47 Sale of liquor to a person intoxi- cated. § 48 Barter of liquor in a retail spirit shop. $ 49 Riots, etc,, in or near shops. ORD 25, ’68 Policeman not assisting. $ 50 Cards or dice in shop, § 51 Sale of spirits, etc., to soldiers. 8 52 (ord. 9, 71, 8. 3) What may be sold, under licence (3), in G. or New-Am. Contiguous shops—internal communication. 58 53 Who may enter premises and demand licences. 254 MAGISTERIAL LAW. mediately call or send fer the assistance of the nearest policeman or rural C., to disperse such meeting or assemblage :— Fine in default of any person so in charge failing to call or send for such assistance, on the holder of the licence (3), not excdg. $10. (Pequeno v. Weddell, 1 R. C., 139.) If any policeman or R. C., on so being called or sent for, shall refuse or neglect to give such assistance— Fine, not excdg. $10. No playing at cards, or dice, whether for money or mere amusement, and no gaming of any kind whatever, shall be carried on im any licensed retail spirit shop, or in any part of the premises thereto appertaining or adjoining :-— Fine, on holder of licence (3), $50; fine, on every person playing, etc., 10. No spirituous liquor of any kind shall be sold, bartered, or exchanged, or in any way disposed of, or delivered, under any pretext whatsoever, in or from any licensed retail spirit shop, or in or from any adjoining house or premises of the holder of the licence for such shop, to any of H. M.’s troops in B. G., or to the wife or child of any soldier, the servant of any officer, or any person whomsoever coming under the description of a follower of the army, there being a reasonable cause to know or suspect the person to be such :— Fine, on holder of licence-—1st offence, not less than $10, nor more than $25; subsequent offence, $50. No goods, wine, or merchandise whatever, eacept.liquors of every description used for drink, and empty packages which shall have contained such liquors, shall be dealt in, sold, bartered, unchanged, or otherwise disposed of, directly or indi- rectly, in or from any licensed retail spirit shop in G. or New- Am., or be ‘the holder of the licence for such shop, in or from any adjoining house or premises :— Fine, on holder of licence, not less than $10, and not more than $50 for any breach, : A licence may however be granted to any other person than the holder of licence (3), to keep any other shop than a, retail spirit shop in such adjoining house or premises, provided that there shall be no internal communication between the two ; and, if, after the granting of any such licence, any such communica- tion shall be made :— Fine on the holder of each licence, $10 per diem, while communication open. The Insp.-Gen. of p., every Com., Insp. and Sergt. of Py EXCISE—SPIRITUOUS LIQUORS. 255 and such Corps. of p. and ordinary policemen as shall have a general authority in writing from. the Insp.-Gen. or any Insp., may enter any premises whatever, in which any wine or malt liquor to be drunk on the premises, or any spirituous liquor whatever, is sold, or is offered, or exposed, or kept for sale, and any room or place thereto attached and belonging, and may demand from the person in charge of such premises, room, or place, his licence for selling such wine, malt liquor, or spirituous liquor, and if such person shall not immediately produce such licence, shall place some person in charge of such premises, room, or place, and of all wine, malt liquor, and spirituous liquors found therein, and shall make a report of his proceedings, and of the evidence which he may have as to such selling, or offering, exposing, or keeping for sale, as aforesaid, to the nearest 8S. J. P., who shall, if he shall think fit, order all wine, malt liquor, and spirituous liquors, in the said premises, room, or place, to be seized, and all such wine, malt liquor, and spirituous liquors, so seized, shall be dealt with according to this ord.— As to what 8S. J. P. may act, see s. 3. (See D’Aguiar v. Darrell, 2 BR. C., 123.) One licence will not cover 2 shops. (Pequeno v. Hill, 2 RB. C., 113.) All liquor, and every cask, or other package, so seized, shall be at once removed to, and shall, until forfeiture or restoration of the same, be kept in the C. B. warehouse, or some con- venient and safe place of custody elsewhere, and the owner, or person claiming the same, shall be at liberty before the removal thereof, to cause such liquor to be examined, and, if in casks, to be gauged, and, if rum, to be tested for proof by Sikes’ hyd., and such examination, gauging, and proof, may be made by any Com., or any sworn gauger (see ‘‘ WEIGHER AND GAUGER”), or by any manager or overseer of a pl., who may be called in for such purpose; and such owner or person claiming the same, and the person seizing the same, shall each take down, or cause to be taken down in writing, particulars of such examination, gauging and proof; and during such examination, gauging, and proof, the liquor seized, and the casks or other packages con- taining the same, shall remain on the premises of the owner or person claiming the same, but in the possession of the person seizing, or some person authorised by him to retain possession of the same: Provided that not more than 6 hours shall be allowed for any such examination, gauging, and proof. Every person owning any liquor so seized, and desirous of disputing such seizure, shall, within 14 days thereafter, by himself or by some agent authorised by him, make his claim in writing to the S.J. P. of the Judicial dist. within which such ORD 25, 68 Report to 8. J.P. $ 54 Removal to B. warehouse. Claimant may test contents. CLAIMS. SS 55—63. § 56 To seized liquor, how to be made, and prosecuted, ORD 25, 68 § 56 Requi- sites of claims, 8 57 Deposit for costs, S 58 Onus of proof on claim- ant. $59 Authority of seizing officer, _ 560 The hear- ing. Condemnation. S 61 Costs, Restoration. 8 62 For- feiture. 256 MAGISTERIAL LAW. seizure has been made, for such liquor and the casks or other packages containing the same, and shall within the same time serve a copy of the claim on the Com. of the f. dist. within which the seizure has been made, and if the seizure shall have been made by any other person than the Com., shall also within the same time serve a copy of the claim on such person; and the Com., if the claim is to be resisted, shall appear in opposi- tion thereto, and in support of the seizure. When the seizure shall have been made by any other person than the Com., such person shall be considered a co-deft. with the Com., and may also appear in opposition to the claim, and in support of the seizure, if he shall think fit. Every such claim shall contain the name of the claim- ant, his occupation and residence (or the name, occupation, and residence of his agent, if the claim shall be made thrcugh an agent), and the grounds of the claimant for disputing the seizure, and shall also state that the liquor seized is the property of the claimant; and be supported by the oath of the claimant (or, if the claim shall be made through an agent, by that of his agent), swearing to the best of his knowledge and belief; and when any claim is made through an agent, sufficient evidence of his authority to satisfy the 8. J. P. shall be laid over with the claim. - No such claim shall be received by the S. J. P., unless along with the same the claimant shall deposit the sum of $24 by way of security for costs. Proof of the illegality of the seizure shall rest with the claimant ; and proof of its legality shall not rest with the person seizing ; who may, however, rebut any evidence given by the claimant. Corp. of P. or ordinary policeman seizing, in addition to statement on oath, that he is a p. officer, to produce his autho- rity from the Insp. Gen., or Insp. Sufficient for any other officer, entitled to seize, seizing, to state on oath that he acts as such. The hearing to be before the S. J. P. of the dist. within which seizure is made. On rejection of the claim to all or any of the articles seized, condemnation thereof; order in Form L; and The claimant shall pay all costs of the Com. and co-deft. (if any); articles not condemned to be restored to the claimant at his own expense. If none of the articles seized shall be condemned, the S. J. P. shall order their restoration at the expense of, and the payment of all costs of the claimant by, the seizing officer, In default of claim, or of service of any copy of claim, as and within the time above limited and provided, or in event EXCISE—SPIRITUOUS LIQUORS. 257 after claim of condemnation, articles or condemned articles to be forfeited. All proceedings on claim subject to ords. 19, ’56 and 5,’ 68. Any holder of licence (8) who shall, in any one month, be in arrear of payment in advance of his instalment for that month, and who shall, notwdg. such arrear, sell in or from any such shop any liquor whatever :— Fine, not less than $50, nor more than $500 for every such sale. In Horton v. Straker (9 Jan. 75), the complaint was that the deft. being the holder of a retail spirit shop licence for a shop situate, etc., and being in arrear of the payment in advance of his instalment for the month of June ’74 for such licence for that month, did, notwdg. such arrear, sell in such shop 42 galls. of rum during that month contrary to s. 64 of ord. 25, 68. Fine inflicted, $200, with costs. The summons to answer the complaint was dated the 11th Aug., ’74, and the Mag. admitted in evidence a certificate signed by the Rec.-Gen., dated the 18th Aug., to the effect that the appellant, “who was the holder of an 11th class retail spirit licence on 30th June last, situated, etc., paid his instalment for the month of June on the 23rd July, ’74.” That certificate does not seem to be one authorised by “‘ the amended manner of proceeding ord.” (26, ’55, 8, 189). That enactment autho- rises the granting of certificates in respect of taxes payable, claimed, or due, and does not make a certificate of actual payment evidence. “Tt is stated as one reason for review, that the Mag. refused to hear the defence of the appellant, alleging as his reason that the appellant did not cross-examine the witness, which is supported by the affidavit of the appellant. That affidavit was referred to the Mag., who answered by letter that it was quite possible that he may have ‘advised the ap- pellant that, having declined to cross-examine the witnesses, any evi- dence would be of no avail. I think the Mag. should not have proffered that advice, which was understood to be a refusal to hear evidence, and I reverse the conviction.” Every holder of a licence (1) or (8) or (2), is penally liable and responsible for every breach of this ord., by any member of his family, or by any person employed, whether temporarily or permanently, in or about such 1. store, r. s. shop, hotel or tavern, or in or about any room or place thereto attached and belonging, as fully as if he himself had committed such breach. Any such member of the family, or any such person in the employ of any such holder of any such licence, may be ex- amined as a witness for or against him, on any charge against him hereunder ; And, if so examined, shall not himself there- after be liable to any charge in respect of such breach. By ord. 3, 69, s. 4, this applies to the holder of any licence to sell drugs. Any Com., and any person specially authorised by him in writing for each particular case, may enter any store, shop, or business premises whatever, and may search for spirituous liquors. ORD 25, '68 § 63 Pro- ceedings subject to review. 8 64 Selling, instalments being in arrear. Rec. -Gen.’s certificate— evidence of what. Mag.’s im- proper advice, S 65 Head of family or busi- ness liable for others’ defaults, Member of family, or em- ployé, in de- fault, to be competent wit- ness, If witness, not to be prosecuted. S 66 Power to search for spirits, ORD 25, ’68 $ 67 Run found. Spirits found. Seizure of things found. 258 MAGISTERIAL LAW. By ord. 8,’69,s. 4, this applies to the store, shop, and business premises of a druggist, etc. The occupier of any store or business premises whatever, other than a licensed retail spirit shop, in which shall be found any rum; And the occupier of any store, shop, or business premises what- ever, other than a licensed r. s. shop, a licensed liquor store, or a licensed hotel or tavern, in which shall be found any other spirituous liquors whatever— Fine, not less than $20, nor more than $500. See ss. 68 and 69. All spirituous liquors whatever so found, and the packages containing the same, shall be seized by the person making the search and shall be removed by the Com. to the C. B. Ware- house, or to some convenient and safe place of custody else- where, and shall be detained until adjudication of the complaint for the penalty to be brought against such occupier as herein provided. If such complaint shall be decided against the deft., the spirituous liquors so detained, and packages, shall, ipso Condemnation. facto, and without any condemnation whatever, be forfeited ; Restoration. Partners, Husband's evidence. “In,” or “on,” premises. Pretended medicine, A * glass,” but if in favour of the deft., the same shall be restored by the Com. Any member of a firm occupying a shop, store, or other business premises, may be proceeded against as the occu- pier. See ss. 68 and 69. In Govia v. King (20 Aug., ’74,) a conviction for possession of 2 pints of rum on business premises under this s. was affirmed. The deft., a married woman, had a licence in her own name for a retail provision shop. The Com. found in a room behind the shop, separated by a partition, under the same roof, 3 bottles of rum. The bottles were loosely corked; an open bottle of bitters and 2 tumblers for drinking were also on the table. When the Com. entered, one of 2 women in the shop went and threw out of the window 2 of the bottles on the table. One was picked up by the police unbroken, containing rum, and the other was broken. The deft. denied all knowledge of the rum being in the house, and pleaded that she was not responsible as a married woman, and that her husband should have been a co-deft. She alleged that the rum was placed there by workmen, by her husband’s order, and that the throwing out of the window was the result of unmeaning terror. It has been decided that a married woman may be convicted under a statute relating to the excise or revenue for an offence committed by her without the actual, or implied, coercion of her husband, and it is not necessary that the husband should be joined in the conviction (Paley, 71). There would be a sure way of evading a penal enactment if the wife taking in her own name a licence to trade could not be convicted for a breach of the revenue laws. The hushand’s evidence was properly rejected. No distinction allowed between “in” or “on” the premises. (D’Ornellas v. Leacock, 2 R. C., 150; D’Ornellas v. Wells, 2 R. C., 140.) Selling half a pint of brandy alleged to be kept as medicine, but not so proved. Conviction affirmed. (Lo v. King, 2 R. C., 222.) Selling 2 glasses of brandy. Conviction affirmed. (Gomes. Harcourt, 28. C., 231, But, semble, no such quantity as a “glass” is known to the law ; and as te “ bottle,” see under s, 8, p. 247, EXCISE—SPIRITUOUS LIQUORS. 259 Not necessarily “in” a room or house; near a house, or in a garden, is quite enough. (D’Ornellas v. Wells, 2 RB. C., 140.) Quantity is not an ingredient in the offence, #0. Every charge under s. 67 to be brought within 80 days (ord. 8, 69, s. 1) from seizure; in default, the occupier is entitled, on application to 8. J. P., to an order on Com. to re-deliver things seized. D’Ornellas v. Leacock, 2 R. C., 149. Any person dealing in rum, or other spirituous liquors, by wholesale, may keep in any store, shop, or business premises, occupied by him, a sample not ewcdg. 1 quart, of each kind, and each quality, of spirituous liquor in which he deals, without being liable under s. 67. Every person who, by refusing to open any door which it is legally in his power to open, or in any other way shall obstruct, or who in any way shall molest, oppose, hinder, or impede, any officer authorised hereby, or any person having authority in writing hereunder, and exhibiting his authority, to enter any premises, and there to search, or otherwise ascertain whether there has been any breach of any part of this ord. ;—Or who shall remove, throw away, or destroy, or cause to be removed, thrown away, or destroyed, any wine, malt, liquor, or spirituous liquor, im order to prevent, or impede, any search for, or seizuré of, the same :— Fine, not less than $20, and not more than $500. (Juan v. Burrowes, 2 BR. C., 246; Lopes v. Wight, id. 124; Do. v. Joseph, ib. 126—re- moving rum into the bush.) In any charge, information, or complaint hereunder, it shall not be necessary to negative any exception or proviso in favour of the deft., or party proceeded against. The onus of proving such reception or proviso shall rest with such deft. or party. Every person hereunder liable to any penalty, shall be guilty of an offence, and be convicted. In any conviction here- under, sufficient if the offence therein intended to be set forth is stated in plain language, so as to inform a person of ordinary intelligence of what is meant; no technical description being necessary. Every holder of a retail spirit shop licence, convicted here- under a third time, in addition to fine, may be adjudged to forfeit his licence. Forfeiture of licence to be declared, by 8. J. P., by an adjudiction under his hand, separate from the conviction, in Form M. Immediately on such adjudication the deft. shall deliver the licence theretofore held by him to the Com. Fine in default, $50 for every day that he shall fail so to deliver the same. ORD 25, ’68 ‘In” means ** near.” 8 68 Limita- tion of charges under s. 67. S 69 Samples, excepted from 8. 67, 5 70 Obstruc- tion, etc., to seizing officer, etc, Fraudulent removal, etc. LEGAL PRO- CEDURE. SS 71-83 871. Onus of nega- tiving or proving exception, etc. S$ 72 What is an offence. S 73 3rd con- viction under licence (3). Adjudication of forfeiture. ORD 25, ’68 Eifect of forfeiture on sureties. S$ 74 Fiat prosecutio, S 75 How for- feitures to be sold. S 76 Revenue Defence Fund. S77 ADprO: priation of fines, etc. $78 Recovery of moneys due on bonds, $79 Remission. of fines, etc. $ 80 Protec- tion. $ 81 Action in case of for- feiture. 260 MAGISTERIAL LAW. Every Com., on any forfeited licence being delivered to him, shall deliver the same to the Excise Board, who shall cancel the same; but no such forfeiture or cancelment shall exonerate the deft., or his sureties, from their liability to pay up all instalments then due, or thereafter to accrue due, in respect of such licence. All fines, ete., recoverable by Com. under ords. 19, ’56, 3 and 5, 68, whatever the amount or value thereof. No prosecution, or proceeding, for, or in respect of, any fine, penalty, or forfeiture, excdg. in amount or value the sum of $240, shall be carried on without the previous authority in writing of H. M.’s Att.- Gen, See remarks on Man v. McTurk, under s, 8, p. 245. Want of Att.-Gen.’s fiat prosecutio is fatal. (D’Oliviera v. Leacock, 2R. C., 81; Viera v. Fauset, id. 101; De Cross v. Cuckow, tb. 117; Ragalone v. Greenslade, 1d. 170; Tanlichen v. Burrowes, ib. 214; Bollen ». Straker, ib. 223). In Gomes v. Harcourt, 2 R. C., 231, Snagg C. J.—“ In , eases of this sort the Mag. should take care to record the evidence of the fiat of the A. G. having been obtained. The fiat should be proved, as the ord. does not dispense with proof of the signature of the A.G. A complaint certified to the Court purporting to have the A. G.’s signature, but not on oath, is not valid. (De Cross v. Cuckow, supra.) All articles forfeited hereunder shall be put up to public com- petition by the Com., and sold by him for cash to the highest bidder, not sooner than 14 days after the forfeiture, and after not less than 10 days’ advt. of such sale in the O. G. and at least one newspaper. Fines, etc., to be paid to the Rec. Gen., who shall deduct asum equal to 10 p. c. thereof, for ‘‘ The Revenue Defence Fund” (ord. 15, ’68): one half balance, after deduction of all costs and expenses, to the Colony, and the other half to be divided among the persons concerned in prosecuting, seizing, or giving information or assistance in the matter, and in such proportions as may be determined by the Excise Board with the sanction of the Gov. The Ree.-Gen. shall be entitled to parate or summary execu- tion, against all the parties to any bond given hereunder, for any sum for which the Crown Solicitor may instruct the P. Marshal to issue summation on such bond; and such execution may be against all, or any one or two, of such parties; and to obtain such execution, it shall not be necessary to give any proof of the signing, or of the validity, of the bond. The Gov. (ord. 5,.’70) may remit, either in whole or in part, and on such terms as may be deemed fit, any fine, penalty, or forfeiture hereunder. All persons acting hereunder to come under ord. 31, ’50. (Introd., p. xvii.) No action, suit, or prosecution whatever shall be brought against any person, in respect of any detention or seizure here- EXCISE—SPIRITUOUS LIQUORS. 261 under when followed by forfeiture of the articles seized, or any of them. | When any action, etc. shall be brought, etc. (as before), when not followed by forfeiture, if the Judge or Court shall be of opinion that there was reasonable ground for such detention or seizure, the deft. shall not be liable to pay to the eplt. more than 4c. damages, nor any cost of suit, nor shall he in such prosecution be liable to more than a fine of 25c. Forms may be varied and adapted to suit the particular circumstances of any case. Power for Excise Board, with sanction of Gov. and C. of P., to vary, alter, and make new forms—new forms not to be used till published in 3 publications of O. G.and one newspaper. (Printed forms can be obtained.) This ord. not to affect any ord. now or hereafter passed re- lating to the distillation or sale of rum, or to the quantity of rum that may be kept by any person, or to the regulations for keeping the same. Certain forms of charges have been authorised by the Chief Com., but as they can be obtained from his office, it has been thought unnecessary to insert them here. Cocoa-nut rum, or cocoa-nut toddy, is not a spirituous liquor. Any person who shall sell, or offer for sale, or shall exchange, barter, or otherwise dispose of, the liquor known by the name of cocoa-nut rum, or cocoa-nut toddy, without having a licence to sell the same— Fine, not excdg. $48; in default of payment, impr., with or without h. 1, not excdg. 3 cal. months: or the prosecution (s. 3) of any male of full age: procedure under ords. 19, ’56 and 3 and 5, 68 (pp. 1-48). Protection ord. 31, 60 incorporated: deduction of 10 p. c. for the Revenue Defence Fund: half balance of fines to prosecutor and re- mainder to Colony—apportionable by Rec.-Gen. under ord. 5, ’72(p. 181). Power of remission of fines in Gov. Every licensed retail spirit dealer, or his agent, before being allowed to pay duty at the rate of 25c. per gall. on any rum, shall be required to fill in according to the facts, a declaration relating to the same (Form M), and to sign the same. The Contr. or Sub,-C. of rum duties may at any time, with the approval and in the discretion of the Excise Board, issue a special permit (in form in Schd., or as near thereto as con- venient) to any licensed chemist or druggist, authorising him to remove to and keep in his business premises any spirituous liquor, not excdg. at any one time 50 galls., the precise quantity to be fixed on each occasion by the Excise Board, and of a strength not less than 40 degrees over proof by Sikes’ Hyd., for the purpose of being there used exclusively in his trade for ORD 25, 68 Action, where no forfeiture. Prosecution ditto. S 82 Forms. $ 83 Extent of ord, ORD 29, ’68 $ 1 Cocoa-nut rum, S 2 Sale with- out licence. ORD 9, '71 $5 Rum duty. ORD 3, ’69 S 2 Special permits for druggists and chemists. ORD 3, 69 5 3. ORD 15, ’61 §1. §S 2 Licences. 83. 8 4 Transfer of licence. S 5 Shop or store licencee may change premises on certain condi- tions. 262 MAGISTERIAL LAW. the preparation of medicines, anything in ords. 25, 68 and 14, ’55 to the contrary notwg. ; but such permits shall not autho- rise any such chemist or druggist to keep or have any spiri- tuous liquor in any place other than in his business premises; and every such chemist and druggist shall be bound to account to the satisfaction of the Excise Board for the due disposal of all spirituous liquor obtained by him under any such permit, before any new special permit shall be issued to him. (See “‘ Exctss—Tax Ord.,” s. 10, for Druggists’ Licences.) Any chemist or druggist, to whom any such permit shall be issued, who shall keep or have any such spirituous liquor in any place other than in his business premises, or who shall use or apply, or suffer to be used or applied, any such spirituous liquor for any purpose whatever, other than for the bond fide preparation of medicines in the due course of his trade as such chemist or druggist— Fine, not less than $20, and not more than $500. Taxes. Ords. 15, ’61; 7, ’75; and Tax Ord. The Tax Ord. here inserted is that of 1876. Repeal clause. Every licence required to be taken out under any Colonial tax ord. shall be in conformity with the ord. under which it is issued. Penalty for not taking out licence, see ord. 7, °75, after s. 22 of this ord., p. 267. The owner of any licence issued under any tax ord. shall be at liberty to transfer the same for the unexpired term thereof: Provided, that the premises, chattel, or thing, the subject of such licence, be transferred therewith, and that the transfer and the date and hour thereof be endorsed on such licence in the pre- sence of the Com. or Sub-C. of the dist. or div. The owner of any store, shop, office, or counting-house licence in G., New-Am., or the rural districts, issued under any tax ord., shall be at liberty, under the same licence, to transfer his business to other premises than those specified in such licence, within G., New-Am., or the rural districts respectively, for the unexpired term thereof: Provided, that the transfer and the date and hour thereof, and a description of the new pre- mises, be endorsed on such licence by the Com. or Sub-C., and that if such new premises be. situated in G. or New-Am., EXCISE—TAXES. 263 the holder of the licence shall, at the time of such transfer, pay up the difference (if any) arising from such new premises being rated at an increased valuation to the former premises, such difference to be computed and paid from the last preceding quarter-day of the year. No abatement shall be allowed in respect of the new premises being in any case rated at a less valuation than the former premises. Transfers under ss. 4 and 5 to be exempt from stamp duty, and registered by the Com. or Sub-C. in a book to be kept by him for that purpose. Extracts from such register, certified and signed by a Com. or Sub-C., shall be received in evidence in all Courts whatsoever in this Colony without production of such register. Every such Com. or Sub-C. shall be entitled to a fee of 24c. on giving of such extract, to be paid by the party applying for the same. Repealed by ord. 26, ’62, repealing ord. If any person shall let out, hire, or lend to any other person any licence granted or transferred to him ;—Or if any person shall make use of, trade, or act in any way with, under, or by colour of any licence granted or transferred to any other person, or of any licence in which his real name shall not be inserted as the name of the person to whom the same is granted or transferred— Fine, not less than $5, nor excdg. $48, and forfeiture of licence. Any person bond fide employed by the owner of any licence, may lawfully make use of, trade, and act with and under such licence for the exclusive benefit of such owner. In the case of a huckster, gun, or Colony craft licence, the _ name of such person so bond fide employed must be inserted in such licence, or be endorsed thereon, with the date and hour of endorsation, by a Com. or Sub-C., or by a S. J. P.; in which last case such J. P. shall, within 7 days thereafter, send to the Com, or Sub-C. the particulars of such endorsation. A Com. cannot supersede the law by giving permission to use a gun until the licences be procured from town. (Horton v. Chester, 1 R.C., 48; Tyrrell v. Stuart, 1b. 49.) Under this ord. (15, 61) and the tax ord. of ’64, a conviction for not having a horse licence was quashed for want of the words “ without law- ful excuse,” and the omission to negative the exceptions. Norton J. said :—‘ The law on the subject of exemption is well laid down by Burns, who states the rule that ‘a conviction on a penal statute ought expressly to show that the deft. is not within any of its provisions. Hawkins adds, ‘This is to be understood with the following limitations, that when the enacting clause of a statute constitutes an act to be an offence under certain circumstances, and not under others, then, as an act, it is an offence sub modo, and the particular exceptionsmust be expressly specified and negatived ; but when a statute constitutes an act to be an offence generally, and in a subsequent clause makes a proviso or exception in ORD 15, ’61 Increased valuation. Decreased valuation. S$ 6 Transfers to be registered. Evidence of. Fee. 87. S$ 8 Acting or trading under another's licence. Persons bond, Jide employed. When em- ployé’s name to be inserted inL, ® Justice's re- port. Permission pending issue of licence. “ Without . dawful excuse.” Exemptions, etc., whether to be specified. ORD 15, ’61 § 9 Production of huckster, gun, or Colony craft licence. Non-produc- tion, seizure. Default in pay- ment of fine— sale. When distress. $10 Name and number to be painted on carts, etc., for hire. $11 Particu- lars to be painted on carts not for hire. 264 MAGISTERIAL LAW. favour of particular cases, or, in the same clause, but not in the enacting part of it, by words of reference or otherwise makes such proviso or exception, then the proviso is a matter of defence or excuse which need not be noticed in the information.’ The only case in which it will be un- necessary to negative an exception is when such exception is neither con- tained in nor incorporated with the clause creating the offence, but occurs in a subsequent s. not connected with the enacting clause. (Bacchus v. Warren, 2 R. C., App. 16; Hore v. Duggins, 4b. 29.) Any Com. or Sub-C., p. officer or constable, may demand from any person huckstering or exposing for sale any goods, wares, or merchandise, or carrying or using any fire-arm, or keeping for hire or using any Colony craft, his licence for the same, in any case in which a licence in respect thereof is or shall be required. If such person shall not forthwith produce such licence or satisfactorily account for the non-production thereof, the Com. or Sub-C. may seize and detain such goods, etc., fire-arm, or craft, until such licence shall be produced, or if no such licence shall have been taken out, until the penalty or forfeiture in- curred by the person huckstering or offering for sale such goods, etc., or carrying, etc., or keeping for hire, etc., be paid, to- gether with all costs of removal; and all such goods, etc., fire- arm, or craft, as the case may be, shall be liable and executable for the amount of such penalty or forfeiture with costs, and in ‘default of payment by the offender upon conviction, shall be sold by order of the convicting Mag. If the proceeds of such sale be not sufficient for the pay- ment of such penalty or forfeiture, the party convicted shall be liable for the same, and such payment shall be recovered by distress. (See ss. 12 and 17 of Tax Ord., infra). — Every person who shall keep any carriage or cart for hire, , shall have his name and the number of his licence painted in plain legible letters and figures in black upon a white ground, or in white upon a black ground, upon some conspicuous part of such carriage or cart. Every person who shall use or suffer to be used for hire or otherwise, any such carriage or cart with- out such name and no. painted thereon— Fine, not excdg. $48. (Sees. 6 of Tax Ord., p. 269.) Every person who shall keep any cart other than for hire, shall have the word “private,” and also if alicence shall be re- quired in respect thereof, his name and the no. of such licence ;— Or if such cart shall belong to, and be exclusively used in the service of, an estate, pl., or cattle farm, the name thereof painted in plain legible letters and figures in black upon a white ground, or in white upon a black ground, upon some conspicuous part of such cart. Every person who shall use or suffer to be used any such cart without such particulars painted thereon— Fine, not excdg. $48. (See 8. 5 of Tax Ord., p. 268.) EXCISE—TAXES. 265 Every person who shall keep any Colony craft in respect whereof a licence is or shall be required, shall have the no, of such licence painted in plain legible figures upon the stern or bow of such cart. Every person who shall use or suffer to be used any such craft without such no. painted thereon— Fine, not excdg. $24, Any Com. or Sub-C., p. officer, or constable, may seize any carriage or cart (together with any animal drawing the same), or any Colony craft, in respect whereof a penalty or forfeiture shall have accrued under any of ss. 10, 11, and 12, and to remove and detain the same until such penalty or forfeiture be paid, together with all costs of removal, and until the par- ticulars hereinbefore required in that behalf be duly alias thereon at the owner’s expense. In case such penalty or forfeiture shall not be paid anon con- viction, together with all costs of removal as aforesaid, such fn carriage or cart (together with any animal drawing the same), or craft, etc., as in s. 9. Power for any Com. at any hour between 6 a.m. and 6 p-m. to enter on any premises whereon is any carriage, cart, or other vehicle kept for hire, or any horse, donkey, or mule kept for hire, and to inspect and ascertain the state and condition of any such carriage, cart, or other vehicle, or horse, donkey, or mule. Every Com., when issuing a licence to keep a dog, shall, with such licence, give to the person taking out the same a collar or label, in accordance with such pattern as may from time to time be approved of by the Rec.-Gen. (See Tax. Ord., 8, 22, infra.) Every person before he shall be entitled to take out a fresh licence to keep a dog shall return to the Com. any collar or label formerly given to him in respect of the same dog, together with all collars or labels given to him in any previous financial ear. 7 Every dog found in any place, other than private premises, without having round his neck a collar or label issued by a Com. for the then current financial year, may be destroyed by any p. officer, town or rural constable. Any coon counterfeiting any such collar or label,— misd, : Impr., with or without b. 1., not excdg. 1 yr. Ord. to form part of ord. 15, ’61. Every person licensed to sell wine and malt liquor to be drunk on the premises, shall affix a board in some conspicuous place outside and over the door and window of his shop, whereon ORD 15, ’61 § 12 Number to be painted on Colony craft, $13 When carriage, etc., liable to seizure, Sale in default of payment of e, etc. ORD 7, '75 S 3 Right of entry to inspect carts, etc. S 4 Dog collar and label. S 5 Return of same on new licence. S 6 Dog with- out collar, ete., at large. S 7 Counter- feit collar, etc. 88. ORD 15, '61 $ 14 Notice- board when licensed ‘‘to be drunk on the premises.” ORD 15, '61 Continued offence. $ 15 Notice- board—butchers in rural districts, § 16 Notice by country butchers of intended slaughter. Particulars of. $17 Weekly returns of animals slaughtered to be also fur- nished, $18 Weekly returns, how dealt with. 266 MAGISTERIAL LAW. a shall be painted in plain legible letters his name and the words ‘licensed to sell wine and malt liquor to be drunk on the premises.” Fine on default—Ilst offence, not excdg. $24; subsequent offence, $48. Omitting to fix such board shall be considered and held to be re- peated every 10 days after any previous conviction during which such board shall be omitted to be affixed as aforesaid, and to be a separate offence, (Sees, 25 of Tax Ord., infra.) " Every person licensed to keep a butcher's shop in the rural districts shall affia a board in some conspicuous place outside and over the door or window of his shop, whereon shall be painted in plain legible letters, his name and the words “ Licensed to sell butcher’s meat” :— Fine, and “offence of omitting,” etc.,as in s.14. See also s. 14 of Tax Ord., infra. Every person licensed to keep a butcher's shop in the rural dists. shall be bound to send or deliver to the person in charge of the P. station nearest to his shop, a notice in writing, signed with his name, (or if he shall be unable to write, marked with his mark, and attested by some credible witness,) of his intention to slaughter any bull, cow, ox, heifer, steer or calf, or any ram, ewe, sheep, or lamb, one day at least previous to the slaughtering thereof, and such notice shall contain a description of such animal as to sex and colour, and also as to any peculiar or distinguishing marks by which such animal might be known or identified, and further, the name and place of residence of the person from whom such person so licensed as aforesaid shall have bought or procured such animal :— Fine in default, not less than $5, nor excdg. $24. Every person licensed to keep a butcher's shop in the rural dists, shall be bound to send or deliver to the person in charge of the P. station nearest to his shop a weekly return, containing all the descriptive particulars specified in s. 16, signed with his name, (or if he shall be unable to write, marked with his mark, and attested by some credible witness,) of all such animals as aforesaid which shall have been slaughtered by him during the week preceding, within 3 days after the expiration of each week :— Fine in default, not less than $10, nor excdg. $48, The person in charge of any such P. station as aforesaid, shall immediately, on receipt of such weekly return, cause the same to be affixed in a conspicuous place in the said P. station for one week after the receipt thereof, and shall thereafter transmit the same to the Insp.-Gen. of P. in G., to be by him filed as a record in his office. EXCISE—TAXES, 267 No licence shall be granted to any person to give, have, or hold, or to permit or allow to be given, had, or held, any ball, dance, concert, theatrical or other public entertainment, for money or reward, or by subscription, unless he shall produce a certificate from the Insp.-Gen. or an Insp. of P., if in G., or from a J. P., Insp. of P., or officer in charge of a P. station, if in New-Am., or in any part of the rural dist., to. the effect that such person is a fit and proper person to obtain such licence. (See s. 18 of Tax. Ord., infra.) All articles ordered to be sold under any preceding s, of this ord. shall be publicly sold by some police officer or constable by direction of the 8. J. P., for cash to the highest bidder, and such J. P. shall cause notice of the intended sale to be affixed upon a board in his Court-room, at least one week before the day of sale, unless the article seized shall be of a perishable nature, in which case the same shall be sold at such time and in such manner as the J. P. shall direct. The surplus proceeds of every sale held under this sec., after payment of any penalty awarded against the owner of the article sold, together with all costs and expenses, shall be paid over to such owner if he shall be known, and if not the same shall accrue due and shall be paid to the Colony. Procedure under ords. 19, 56 and 5, ’68, notwdg. fine, etc., may ex- ceed $48. Every person who shall fail or neglect without lawful excuse to take out any licence required to be taken out by him under or by virtue of the provisions of any ord. for the raising of Colonial Taxes for the time being in force :— For each offence, forfeiture of amount payable in respect of such licence for the whole of the fin. year; and fine, not excdg. $48, and costs. On payment of forfeiture, fine, and costs, a licence shall be issued to the person convicted for the then unexpired portion of the fin. year, and all sums necessary to defray the cost of such licences so issued shall be paid out of the amounts so received by the Rec.-Gen, without any deduc- tion whatever. Also upon such payment, the Clerk of the 8. J. P. issues to the convicted person a certificate of payment, the production of which to the Com. entitles him to receive the licence free of charge. In Bacchus v, Warren, 2 R. C., App. 16, a conviction for not having a horse licence was granted fur want of the words “without lawful excuse;” and not negativing the exemption in the ords. (15, 61 and 12, ’64, the latter of which has lapsed, but the important words are the same here). Also Hore v. Duggin, ib. 29. In Burrowes v. Yip-loi-kim (28 Feb., ’74), the deft. was charged with failing or neglecting to take out a licence for gunpowder without lawful excuse, within 5 days, after a conviction under s. 3 of ord. 15,’61. A question was raised as to “lawful excuse.” It was proved that the gun- owder had been wholly used and consumed, and that fact was held to be a “lawful excuse” within the ord. The dismissal of the charge was affirmed. ORD 15, ’61 § 19 Ball, ete, licence, how < granted. S$ 20 How articles to be sold. How proceeds dealt with. 8S 21, 22 ORD 7, ’75 § 2. Certificate. Without lawful excuse.” ORD 15, ’61 $ 24 Fines, etc., remission of, Appropriation, Informer, ete., may be witness. S 25 Police to aid. S 26 Interpre- tation clause. Spirituous liquors not within ord. TAX ORD 8 5. Licences for private carriages, ete, Exemption. 268 MAGISTERIAL LAW. Power for the Gov. to order any article seized to be restored, and to remit or mitigate fines, etc. Fines, etc., if remitted, to be void. Fines, etc., if mitigated, to be appropriated as Gov. directs ; and (s. 23) subject to such power all seizures, ete., by any Com. or Dist. C. to be appropriated under ord. 16, ’58; part repealed by ord. 18, 64. (See Introd., p. xv.) All seizures, etc., by any other person to be appropriated, one half of nett proceeds to prosecutor, and the other to the Colony. Apportionment by Rec.-Gen. under ord. 5, 72, p. 181. Every officer or person who shall detain, seize, inform, or prosecute under this ord., shall be a competent witness, notwdg. he shall be interested in or entitled to a part-or portion of the seizure, etc. Every p. officer or constable who shall, without law rfl excuse, refuse or neglect to aid and assist in the ‘execution of this ord. when thereto required by any Com. or Sub-C., or other person whomsoever :— Fine, not less than $10, nor excdg. $48. “Colony craft’ == any Colony schooner, sloop, vessel, boat, batteau, punt, corial or craft. ‘‘Fire-arm’’ = any fowling- piece, rifle, or other gun, or any pistol. ‘Goods, wares, or merchandise’’ = charcoal, provisions, or refreshments, or any thing, other than spirits, for the sale of which a licence is or shall be required by law. Ord. not to extend or apply to any licence for the sale of spir. liquors. Every person (naval and military officers on actual service excepted) who shall keep and use, or own and permit to be used, any carriage, cart, horse, pony, mule, or donkey not kept for hire, shall take out a licence to keep and use same, and shall pay .— For each 4-wheeled carriage wists oe Sc . $16 0 » 9 2Wwheeled ,, ah eae aoe ae 8 0 >» 9» Horse, pony, ormule ... 4 0 » cart drawn by any of the above animals 8 0 si easy » donkey oo 4 0 nat ms donkey ist 2 0 As to particulars to be painted on carts, see s, 11 of ord. 15, ’61, p. 264. No licence shall be required for any horse, pony, mule, donkey, or cart, belonging to and used in the service-of any estate, pl., wood-cutting grant, or cattle farm. In Nott v. Lang (8 Jan.,’76) the deft. took out a licence for a 4- wheeled carriage in G., and on a certain occasion used it in Essequebo, EXCISE—TAXES. 269 Volunteer Cavalry Corps of Militia is excepted as to troop horses. Goring v. Mercier, 1 R, C., 22.) As to estates, the use must be exclusively for the estate, and not for the manager's own business. (Duggin v. Crawford, 1 R. C., 53.) When two or more persons, not being partners, shall be established as separate store or shopkeepers in any premises in G. or New-Am. rated as above, each such persons shall take out a separate licence, and shall pay $20. Where there are only two such persons carrying on such busiaess as aforesaid in premises rated at $15,000 or upwards, each such person shall pay $24. Under s. 9 of ord. 11, '73, somewhat simuar, Lovesy J. held that the s. had reference only when the same premises were jointly occupied by two or more persons established as separate store or shopkeepers therein, and had no application where there were separate and inde- pendent tenancies of different portions of the same lot, and a separate and distinct rent paid in respect: of each occupation. (Cuckow v. Perot, 28. C., App. 78.) Every person who shall occupy any store, shop, room, or yard in any part of the Colony other than G. or New-Am., in which there shall be sold, bartered, or exposed for sale any drugs (exclusive of spirits or any other article for the sale of which a licence with a special duty charged thereon is provided by law), or who shall sell or offer for sale any drugs, shall take out a licence for each such store, shop, room, or yard, to entitle him to sell, and shall pay for the same $16, As to special rum permits, see ord. 3, ’69, “‘ ExcisE—Spirituous Liquors, p. 261.” Every person who shall occupy any store, shop, room, or yard, in any part of the Colony other than G. or New-Am., in which there shall be sold, bartered, or exposed for sale any goods, wares, merchandise, or provisions (exclusive of spirits, drugs, or any other article for the sale of which a licence with a special duty charged thereon is provided by law), shall take out a licence for each such store, etc., and shall pay $4. As to production of licence on demand, sce s.-9 of ord. 15, 61, p. 264, Every person who shall keep a house for the lodging or boarding, or boarding and lodging, of seamen, shall take out a licence for the same, and shall pay $24 ; and the keeper of such house shall, moreover, enter into a bond with at least one good and sufficient surety, conditioned jointly and severally, in the penal sum or $240, for the peaceful and orderly conducting of such house, before the P. Mag. of G., or a J. P. acting as P. Mag. of New-Am. Every master or supercargo of a vessel or other person on board, arriving in this Colony, having on board goods for sale " 19 TAX ORD S 9 Where two or more persons carry on busi- ness in same premises, $10 Druggist’s shop (country). § 11 Store and shop licences (country). § 12 Seamen's lodging-house licence. * 5 13 Ship- master’s licence to sell goods TAX ORD $ 14 Butcher's shop (country). Not to be general shop. § 15 Gun- powder—whole- sale, Retail, - 5 6 Licences ‘or carriages, etc., for hire. Hearse. S$ 7 Weights to be used, S 8 Store or shop licences in G. and New-Am., 270 MAGISTERIAL LAW. not consigned by bill of lading to some person holding a store or shop licence, shall be bound to report such goods at the Custom House, and to take out a shop licence for each voyage and to pay $20. Under a similar s. of ord. 9, ’62, the deft. had disposed of a portion of a cargo without having a licence to do so—held that the offence was complete on the sale of the lumber, otherwise local merchants would be unfairly treated. (Darrell v. Gardner, 1 R. C., 63.) Every person who shall occupy any butcher’s shop in the rural districts where meat, other than fresh pork or game, is sold or exposed for sale, shall take out a licence for each such shop, and shall pay $12. No such licence shall authorise the carrying on in the same shop, or any portion thereof, any other- trade or occupation for the sale of any articles for which a licence with a special duty charged thereon is provided by law. See s. 15 of ord. 15, ’61, as to the notice board to be affixed, p. 266. Every person who shall keep for sale, or sell gunpowder or fireworks by wholesale, shall take out a licence, and shall pay $8. Every person who shall keep for sale, or sell gunpowder or fireworks by retail in any part of the Colony, shall take out a licence and shall pay $4. Every person who shall keep any carriage, cart, horse, pony, mule, or donkey, for hire, shall take out licence for same, and shall pay— For each 4-wheeled carriage a en eae oa -. $20 0 » 9). 2-wheeled i, cis ia oer me ie 8 0 » » horse, pony, or mule es 8 0 For each cart, other than a donkey cart, with or without springs, with wheels of a tire less than 6 inches, kept for hireinG. 44 0 Ditto in New-Am. or any rural district ... 24 0 For each cart, other than a donkey cart, with or without: springs, with wheels of a tire of 6 inches and upwards, kept for hire ‘ in G. Ba aa vs «. 382 0 Ditto in New-Am. or ‘any rural distriet a oe se an —~ 2-0 For each donkey cart kept for hire in G. . vais sia - 16 0 Ditto in New-Am. or in ae: rural district... ae pei ss 12 0 For each donkey is ase sen is wate 4 0 No licence for any tae: As to particulars to be painted on carts, see s. 10 of ord. 15, ’61, p. 264. As to right of entry on premises to inspect, sce ord. 7, ’75, under s, 13 of ord. 15, ’61, p. 265, The weight upon which taxes and duties shall be charged shall be the nett imperial weight, after allowing and deducting the tare customary in the Colony. Every person who shall occupy any store, shop, room, or EXCISE—TAXES, 271 yard in G. or New-Am., in which there shall be sold, bartered, or exposed for sale any goods, wares, merchandise, or pro- visions (exclusive of spirits, drugs, or any other article for the sale of which a licence with a special duty charged thereon is provided by law), or who shall occupy any office or counting- house in G. or New-Am., for the purpose of carrying on mer- cantile business therein, shall take out a licence for same, and shall pay :— For a Ist-class store, shop, room or yard in premises rated in oo omUmUCcOWUCUCUCOOUCUCUCOUCOO 48 0 the books of the Rec. of town taxes in G. and New-Am. respectively, at a valuation of $15,000 and upwards oe $48 For a 2nd-class do., in premises rated as above, at $12,000, and not amounting to $15,000 ba mii ait os. =40 For a 3rd-class do., in premises rated as above, at $8,000, and not amounting to $12,000 - ois ve ae -. 86 For a 4th-class do., in premises rated as above, at $5,000, and not amounting to $8,000 “se iii a0 cis we =—-32 For a 5th-class do.,in premises rated as above, at $3,000, and not amounting to $5,000 es we a wa «= 28 For a 6th-class do., all other stores and shops of every descrip- " tion oa se hie Sag Pee baie bi6 aos, 722 For an office or counting-house occupied for the purpose of carrying on mercantile business therein aoe ie v. =6.20 And every person who shall sell drugs with or without: other goods, wares, or merchandise (exclusive of articles for the sale of which a licence with a special duty charged thereon is provided by law) in any shop, shall take out a licence for each such shop, and shall pay for the same, if such shop shall be situated in Main-st. or the westward of it, in the Wards of N. Cumingsburgh, 8. C., Robb’s Town, New Town, or Stabroek, in G. iia se oi se8 2 Ber And if such shop shall be situated in any other part of G., or within one mile thereof, orin New-Am. _..... oe -. 382 0 And every person who shall keep a shop for the sale of cooked provisions or food prepared for use, situated in any part of G. or in New-Am., shall take out a licence for each such shop, and shall pay for the same eee sei ae ~ 12 0 No person hiring or holding any stall in any public market in G. or in New-Am., shall be liable to take out any such licence for any such stall. No such licence shall authorise any person to keep any shop for the sale of fresh meat, uncooked. The Company’s Telegraph Office is exempted. (Mason v. Darrell, 2R.C., 243) Counting-houses, i.¢., of bankers, agents, or attorneys of estates—not those where mechanics and others keep their accounts, and settle with those whom they employ. Offices, i.e, of barristers, advocates, and attorneys. (Baker 7. Campbell, 1 R. C., 20.) Under s. 8 of ord. 11, °73, similar to this s., persons have been held rateable only for what they occupy. (Cuckow v. Perot, 2 R. €., App. 78.) Every person who shall import opium or bhang, and shall sell the same, or who shall sell opium or bhang by wholesale in TAX ORD Exemption, Exception. Telegraph office. Counting- houses, § 16 Opium or bhang—whole- sale, TAX ORD Retail. § 17 Gun. Exemption, 272: MAGISTERIAL LAW. quantities of not less than 25lbs. avoirdupois, shall take out a licence and pay $480, in quarterly instalments in advance. Every person who shall keep for sale, or sell by retail, any opium or bhang, in less quantities than 25lbs., shall take out a licence and pay $20. As to notice board, see ord. 22, 61,5, 4. This s. does not repeal or affect s. 5 of ord. 22,61 (see ““Oprum”); Re Shing-a-lee, Court of Review 1875, and Eppilie v. Burrowes, 2 R. C., 31, “Bhang” includes “ Gange ”—s. 28 of ord. 22, ’61. Every person who shall carry or use any fowling piece, rifle, or other gun (except guns in the possession of the militia or rifle associations, used exclusively for such purposes, and on such terms and conditions as shall be from time to time fixed by the Gov. and C. of P., or in the possession of the police or other persons specially authorised by ord. to keep arms to be used exclusively in the public service), shall take out a licence and pay $4. No aboriginal Indian shall be liable to any forfeiture or penalty for not taking out a licence to carry or use any _ fowling piece, rifle, or other gun. § 18 Public ball. $19 Public entertainment. “Lectures” not within the sec- tion. As to production on demand of licence, see s, 9 of ord. 15, ’61, p. 264. The occupier of any lot of land, whether open or enclosed, or of any house or room, who shall give, have, or hold any ball or dance for money or reward, or by subscription, or permit ‘or allow any ball or dance to be given, had, or held, for money or reward, or by subscription, in or upon any such lot of land, house, or room, shall take out a licence for each such ball or dance, and shall pay, if in G. or New-Am., or any suburb of either, $25, and if in any rural district, $10. See 8. 19 of ord, 15, ’61 as to certificate of respectability, p, 267. Every person who shall give, have, or hold, or permit or allow any concert, theatrical or other public entertainment to be given, had, or held for money or reward, in any house or room, or upon any lot of land, open or enclosed, in any part of the Colony, shall take out a licence for each time of performance, and shall pay $2. If such licence shall be taken out for any term not excdg. 8 months, there shall be paid, if within G. or New.-Am., or within any suburb of either, $25; and if for the game term in any part of the rural districts, $10 in full for such term. In Gibbons ¥. Straker (24 Jan. ’74) the defendant was charged, under the tax ord, of ’73, with holding a public entertainment in his chapel for money or reward without a licence. The evidence showed the entertain- ment to consist of a lecture on the Crusades, with the assistance of a magic lantern. The moncy was raised by tickets of admission sold by one of the congregation. There was no proof that the defendant, the lecturer, was the minister of the chapel. The proceeds were applied to EXCISE—TAXES. 273 the chapel-cleaning fund. The judge said that from the context “ other public entertainments” must mean those having something of the character of dancing, singing, or theatrical entertainment, the s, having no reference to religious or moral instruction in churches or chapels, dedicated to religious worship or educational purposes. The magic lantern, as an auxiliary in illustration of the lecture, would not alter the Christian character of the meeting. A lecture at a school treat, though money might be taken for admission, is not within the ord. ‘The words of the charge, “ money or reward,” being in the alternative, are open to objection. Conviction quashed. Every person who shall keep, either in G. or in New-Am., any public or subscription billiard table, or bagatelle board or table, shall take out a licence and shall pay $48. Every person who shall act as a public auctioneer in B. G. under any ord. passed or to be passed, shall take out a licence and shall pay $100 per ann. ; such licence not to authorise any such public auctioneer to keep any store without taking out a licence for the same, as hereinbefore provided; on the gross amount of every sale by auction, there shall be paid by the seller to the auctioneer (who shall pay the same into the Colonial chest), 1 p. c. (dollars) of the amount of every such sale; and by the purchaser to the auctioneer (who shall pay the same into the Colonial chest), 2 p. c. (dollars) of the amount of every such sale. See ords, 9, ’44 and 4, °45, ““ AUCTIONEERS,” p. 134. Every person who shall keep a dog shall take out a licence to keep the same, and shall pay $1. No aboriginal Indian shall be liable to any forfeiture or penalty for not taking out any such licence. See provisions of ord. 7, °75, 9s. 4-7, as to collar or label, p. 265, Ownership immaterial. (Gonsalves v. Cuckow, 2 R. C., 44.) In De Silva v. Burrowes (24 Oct., 74) the deft. was charged with keeping a dog without a licence. Snagg C. J. said :—“The appellant kept 5 dogs, with a licence for 1dog only. Several charges were preferred against him for the same offence. Having been convicted on one charge, he pleaded it in answer to the present charge. The charges, though identical in language, were made in respect of different dogs, and the conviction in this case was right.” Every person who shall keep a bonded warehouse, appointed for the receiving and securing of goods, the duties of which are unpaid, shall take out a licence and shall pay $48. Every person who shall keep a liquor store in G. or New-Am., shall take out a licence to keep the same, and shall pay in cash, at the time of its being granted, $100. Every person who shall keep an hotel, or a tavern, in which wine, malt liquors, or spirituous liquors shall be sold, shall take out alicence to keep the same, and shall pay $480. Such licence TAX ORD $ 20 Public billiard table. 5 21 Auc- tioneers. S 22 Dog. Exception, § 23 Bonded warehouse, $ 24 Liquor store. § 25 Hotel or tavern, TAX ORD $26 Cocoa-nut rum, § 27 Retail spirit shop. 274 MAGISTERIAL LAW. shall authorise the sale of wine, malt liquor, and all spirituous liquors, except rum to be drunk on the premises. See s, 14 or ord. 15, ’61, p. 265, as to notice board to be affixed. Every person who shall sell, or offer for sale, the liquor known by the name of cocoa-nut rum or cocoa-nut toddy, shall take out a licence for the sale of the same, and shall pay $40. See ord, 29,°68, “ ExcIsE—Cocoa-nut Rum,” p. 261. C. rum is not a “ spirituous liquor. ef Every person who shall keep a retail spirit shop, shall take out a licence to keep the same, and shall pay, according to the classification thereof, by equal monthly instalments in advance, at and after the following annual rates, that is to say :— For every licence in div. A, of the Ist cl., authorising the sale of 5,600 gs. of rum of full strength of proof by Sikes’ Hydr., and no more, - $8,400 For every 1. in div. ‘B, of the Ist cl. , authorising the sale of 4, 800 gs. of rum of, etc. For every 1. in div. C, of the Ist el., authorising the sale of 4,000 gs. of rum of, ete. . 6,000 For every 1. of the 2nd cl. , authorising the sale of 3, 600 gs. of rum of, ete. . 5,400 For every 1. of the 8rd cL, authorising the sale of 3, 200 gs. of rum of, etc. . 4,800 For every l. of the 4th el. authorising the sale of 2, 800 gs. of rum of, etc. . 4,200 For ae 1. of the 5th el, authorising the sale of 2, 400 gs. of rum of, e . 3,600 For ae ri. of the 6th el, authorising the sale of 2, 000 gs. of ram of, e ,000 For every vi of the 7th el, authorising the sale of 1, 600 gs. of rum of, etc. . 2,400 For every 1. of the 8th el, authorising the sale of 1, 360 gs. of rum of, etc. - 2,040 For every 1. of the 9th cl., authorising the sale of 1, 200 gs. of rum of, etc. 1,800 For every 1, of the 10th el, authorising the sale of a 040 gs. of rum of, etc. . 1,560 For every i of the 11th cL, authorising the sale of 880 gs. of rum of, ete. . 1,320 For every 1, of the 12th cL, authorising the sale of 720 gs. of rum . of, etc. . 1,080 For every 1. of the 13th cL, authorising the. sale of 560 gs. of rum of, etc. 840 For every 1. of the 14th el, authorising the sale of 400 gs. of rum of, etc. «» 600 Any retail anuzie on may be axtended és authorise the sale at the same place and during the same period of any greater quantity of rum by retail than that at first authorised by such licence upon the payment of an additional sum proportion- ate in amount as regards the quantity sold or to be sold to the original cost of such licence. EXCISE—TAXES. 275 All the licences hereinbefore enumerated, except those men- tioned in ss. 18, 18, and 19, shall be, and are hereby declared to be, for the whole year, commencing on the 1st July, until the next 1st July; but retail spirit licences, liquor store licences, and hotel or tavern licences may be:issued for any such shorter time as has been or hereafter may be enacted in that behalf by any ord. specially regulating the same (see ord. 25, ’68, ss. 11 and 35, ‘ Excise—Spirituous Liquors”). All other licences, if of the value of not less than $4, may be issued for any shorter period at the rates hereinbefore affixed to them respectively ; provided that such shorter period shall not be less than the then unexpired part of the period for which this ord is passed, and that the sum payable for every such licence shall be payable for the time to be computed from the first day of the quarter of the year in which such licence shall be granted. All licences mentioned in this ord. shall be granted in such manner and form, and be subject to such laws, rules, and regulations as the Gov. and C. of P. has made or may make. FERRIES. Repeal clause. The steam ferry-boat shall start from the ferry stelling in G. on each week day at 7, 9, and 11 a.m., and at 1, 3, and 5 p.m., remaining at each trip not less than } hour at the W. stelling of the river, whether there are passengers or not. Should the services of the steamboat be required by any person or persons in the intermediate periods of the day, on due notice being given verbally to the master or his assistant on board, or by making a signal from the W. ferry stelling, the ferryman shall immediately, or as soon as possible, start with or for such person or persons and ferry them across, for which service he shall be entitled, over and above the ordinary fare, to $8, if such trip shall be between 7 a.m. and 5 p.m.; and to $20 at any other time. For the foregoing purposes, proper signals shall be established and duly made known by the ferryman. ° On Sundays the ferry-boat shall cross the river at 7 and 10 a.m., and at 8 and 5 p.m., subject to the same conditions of remaining and returning. The steamboat, besides passengers, shall be bound to convey carriages, horses, cattle, mules, sheep, goats, pigs, merchandise, provisions, and grass, as required, from one ferry stelling to the other. TAX ORD For what period. Licences of $4 and under, $ 29 Regula- tions, ORD 11, '47 81. S$ 2 When to start—week days, May be specially hired, § 3 When to start—Sundays, 8 4 What to carry. ORD 11, 47 § 6 Other boats landing at ferry. § 7 Exemp- tions from fer- riage. S 8 Vessel, etc., in front of stelling, S 9 What may be landed on stelling: $10 For what other purposes ferry-boat avail- able. § 11 In case of fire. S12 Where other boats not to ply. § 13 Evi- dence. 276 MAGISTERIAL LAW. 8S. 5 prescribes the rates of passage. Every person coming to, or departing from, the W. ferry stelling in any other than the ferry-boat to be charged half ferriage money ; craft detainable till paid. No person exempted from paying ferriage, except policemen on duty, and prisoners under their charge. No vessel, punt, or other craft, to lie in front of the ferry stellings, so as to form an obstruction to the steamboat’s pro- gress across the river, but, within half an hour after being warned by the master of the ferry-boat, to remove to a con- venient distance, Fine, not excdg. $15. No craft (row boats with passengers’ luggage landing on ‘E, stelling excepted) to land on the ferry stellings any goods, cattle, horses, mules, sheep, pigs, goats, or live stock. Fine, not excdg. $30 for each offence; enforcable by detention of the craft until paid, or case otherwise disposed of. The steamboat not to be applied to any other purposes than those of the ferry, unless for public purposes, on the requisition of the Gov., and for landing passengers, horses, and carriages from vessels lying in the river above Fort W. Fredk.; such latter employment not to interfere with prescribed passages. In cases of fire on the banks of the river, or among the shipping, the ferry-boat, with a fire-engine and all necessary means to work it, shall be placed immediately under the direc- tion of the Insp. G. of P., with all hands. No person with any boat or craft to ply for hire in carrying passengers across the river from or to any place on the E. bank, between the Fort stelling in Kingston and the N. side line of La Penitence, or to or from any place on the W. bank, within 1 mile on either side of the public ferry stelling there. Fine, on every offender, not excdg. $48 ; enforcable by detention of the boat or craft by the ferryman, or any constable, until fine paid, or case otherwise disposed of. Procedure, ords. 19, ’56 and 5,’68. Fines, under ord. 5, 72, payable to Rec.-Gen., and to belong to the informer or complainant, who shall be a competent witness notwdg. In David v. Jackman, 2 R. C., 152, the conviction was impugned because of a sentence of $24 fine, and, in default of payment, impr. with h.1.; this ord. making no provision in default of payment for impr. Snagg C. J., reading ord. 11, 47 with ord. 19, ’56, s. 33 (i.e., the substi- tuted s. enacted by ord. 15, 69, s. 2), and the Small Penalties Ord. (3, ’68), said :—“TI think the Mag. had authority to order impr. with h.1, Under ord. 19, ’56, 8. 33, where a conviction adjudges a penalty to be paid, and no mode of raising or levying such penalty, or of enforcing payment, is provided, the Mag. may issue his warrant of distress, and for want of sufficient distress he may convict, with or without h. 1, for certain specified periods, and by the Small Penalties Ord, he may commit with- PERRIES. 277 out any warrant of distress; his power of imposing h. 1., where h. 1 might on non-payment of the penalty, or in default of sufficient distress, have been imposed, not being affected.” A fine is not dependent on the seizure—id. The mere power of detaining the boat when seized is not a mole ‘of raising or levying the penalty, or enforcing payment—id, The ferryman shall always have a copy of the above regula- tions on board the ferry-boat, hung up in a conspicuous place. In the same case it was held that a charge of “ plying for hire and carrying passengers” was a verbal distinction from the words of the ord., to which the Court (Review) could attach no weight—and amendable under ord. 5, ’68, 8. 3. Repeal clause. The ferry over the Berbice R. shall, subject hereto, be under the Insp. G. of P., who shall take care that the stellings, punts, boats, and craft of every description, belonging to or used for the purposes of the said ferry, be of good and durable materials, proper size and construction, and kept in good working order and condition; whenever any repairs thereof are required, reporting the same to the Civil Engineer, in order to their being executed in due course. The Insp. G., with the approval of the Gov., may appoint a sup., and employ boatmen, not fewer than 5 for passengers, besides what may be required for a punt for carriages and cattle, at salaries assigned by the Gov.-and combined C. Prescribes the tolls to be taken, which may be altered by Proel. of the Gov. and C. of P. Conveyance shall be provided for passengers from each side of the river 3 times in each day on week days, and twice on Sundays, at hours fixed by the Insp. G., and approved by the Gov. One week’s public notice to be given of change thereof. Horses, carriages, and cattle, or other animals, shall be con- veyed across the river when practicable, and with all reasonable dispatch. The Sup. shall pay over weekly to the As. Rec.-Gen. the tolls, furnishing a description thereof. Every boatman, while actually on duty, to wear a metal badge with ‘Berbice Ferry” and his proper no. legibly engraved thereon. The Sup. shall cause to be suspended at some-conspicuous place on, or immediately adjoining, the stelling on each side of the river a board, whereon shall be legibly painted a list of the tolls for the time being authorised to be collected, and the names of the boatmen or other persons empowered by him to collect the same on his behalf. If the Sup. shall omit to suspend a list of the tolls authorised ORD 11, ’47 8 14 Copy of regulations. ORD 3, '55 81. 5 2, 3 Who to control ferry. Repairs. S 4 Super- intendent and boatmen. S$ 6 When to start, S$ 7 What to be conveyed. S 8 Tolls. S 9 Badge. § 10 Lists of tolls. § 11 Offences against ord, ORD 3, '55 Exemptions. §14. 5 15 Lease of ferry, ORD 25, '60 § 128 Build- ings not to be thatched. The roofs of build- ings in certain localities to be tiled, etc, 278 : MAGISTERIAL LAW. to be collected, or of the names of the persons authorised by him to collect the same ;—Or if he shall permit the same to become illegible ;—Or if he shall wilfully conceal or deface the same ;—Or if he or any person authorised by him to collect the tolls shall demand or take a greater toll than shall at the time be payable hereunder ;—Or if he or any boatman employed on the ferry shall wilfully subject any passenger, horse, carriage, cattle, or other animal to unreasonable delay or detention :— Fine, not excdg. $24. If any person not lawfully employed hereunder shall convey any passenger, animal, or vehicle, not being in his service or his property, across the river within a distance of 2 miles above or below the ferry stellings— Fine, as in s. 11, Policemen andr. constables on duty, and prisoners under their charge, police horses and vehicles, actually employed in the public service, exempt from toll. Procedure under ords. 19, ’56 and 5, ’68. Fines payable to Rec.-Gen., who, under ord. 5, '72 (p. 181), apportions one half thereof, after payment of all costs, charges, and expenses, to informer. The Insp., with the approval of the Gov. and C. of P., may enter into contracts from time to time for the lease of the said ferry ; and during the term of such contract, all tolls collected at the said ferry shall be the property of such contractor, who shall be the Sup. of the ferry ; and he and his servants shall be subject and liable to this ord. FIRE—GEORGETOWN. Ord. 25, 60. Part VI. It shall not be lawful to cover the roof of any building in G. with thatch or leaves, on pain of such roof being pulled down by order of the M. and T.C., in addition to fine on owner or occupier as below. The roof of every building in G. to be hereafter erected on any lot, or portion of a lot, abutting on either'side of Main-st., High-st., Saffon-st., or in continuation thereof, and of every building to be hereafter erected to the w. of such streets and line must be covered with tiles, slates, or metal; and any gutters and spouts which may hereafter be attached to them must be of tin or other metal. Fine on offender, $500, recoverable by the T, Clerk, before Inf. Civil Court, in aid of the T, fund, FIRE. 279 Every dwelling-house in G. situate on any lot, or portion of a lot, abutting on either side of Main-st., etc., as above, shall be provided with a fireplace or hearth, and a brick chimney of sufficient height not to endanger the neighbourhood or annoy it with smoke, and in case any oven be required, the same shall be connected with and ventilated by such chimney, and the floor of such kitchen shall be covered with stone, tiles, bricks, or solid earth, and the roof thereof with tiles, slates, or other incombustible material, and if such kitchen is attached to the dwelling-house or any other building, the sides and ends of said kitchen shall be of brick, stone, metal, or some other incom- bustible material, or lined therewith. Fine on offender as ins. 128. It shall not be lawful to use or kindle fire in any coal-pot, or other holder of fire, within any dwelling-house in G. Fine on offender, at the complaint of any person, not excdg. $24. All chimneys attached to kitchens belonging to dwelling-houses in G. shall be kept well and properly cleaned, and the T. Sup. shall be at liberty at any time to enter upon the premises and inspect them. Fine on occupier offending, at the complaint of any person, not excdg. $24, No person to erect, put in operation, or carry on, any dis- tillery, furnace, engine, or smelting house, boat-building esta- blishment, cooperage, foundry, smithy, or bakery, or any laboratory or manufactory of a dangerous description within G., or 100 yards of the boundaries thereof, except such as may have already been established, or hereafter be permitted by the M. and T. C. Fine (s. 133) as in s. 128; offender, moreover, to discontinue the working of such distillery, etc., and to remove the same at his own expense. Every such establishment shall be provided with a sufficient fireplace, enclosed within brick walls, with a floor of brick, tiles, stones, or solid earth, and with a good and substantial chimney of not less than 40 ft. in height from the level of the furnace or place where the fire is mgde to the top of the flue, to the satisfaction of the M. and T. C. Fine, in default thereof, on the owner or person carrying on same, as in s, 128, and to discontinue working. Every boat-building establishment in G. shall be provided with a stove for steaming planks and with a brick fireplace for melting tar, pitch, or rosin, to the satisfaction of the M. and T. ORD 25, ’60 $129 Kitchens. § 130 Coal pots. $131 Chim- neys. § 132 Manu- factories of a dangerous nature. § 134 Fire- place and chimney of manufactory. § 135 Boat- building. ORD 25, '60 $ 136]Manu- factory to be properly swept. § 137 Fire originating from any chimney. ORD 65, ’64 $ 10 Refusing to assist in ex- tinguishing fire, ORD 14, °69 $5 Judge’s certificate (Cr. Cas. Reserved), ORD 23, ’62 § 2 The law of England to apply to this Colony. 280 , MAGISTERIAL LAW. C., and it shall not be lawful to use the process of bending planks by the immediate action of fire in any part of G. Fine, on owner or person in charge in any way offending, as in s, 124 (see “ SANITARY—Georgetown”’), and to discontinue working. Every distillery, furnace, or smelting house, etc. (as in s. 182), in G., or within 100 yards of the boundaries thereof, shall be swept and cleared of shavings or other combustible matter every day on leaving off work. Fine, on owner or person having charge, on complaint of any person, $24 The chimneys of all such establishments to be swept once in every month (like penalty). In case of fire originating from any chimney attached to any building in G.— Fine, on occupier, not excdg. $100, recoverable as in s. 128, Any person who shall be requested by the Sup,, or any officer appointed hereunder, and who shall refuse to assist in moving any fire-engine to the locality of any fire in G., or in working the same at the fire, or in performing any service necessary to the extinguishment of fire, may be proceeded against summarily on the complaint of the Sup., before the P. Mag., and if such person shall fail to show to the satisfaction of the Mag. a reasonable excuse for his refusal— Fine, not excdg. $10, and in default, impr., not excdg. 7 days. Pro- cedure under ords. 19, 56, and 5,’68. Fines payable to the Town Clerk, after being paid to the Rec.-Gen., under ord. 5,°72, (p. 181). By s, 13 any 8. J. P. can act for the P, Mag. FORGERY. , Every person who shall forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate of, or copy certified by, a C. J., or in his absence by the Judge exercising the furtctions of C. J., or any certificate of or copy certified by a Clerk of Court, as the case may be, with intent to cause any person to be discharged from custody, or otherwise prevent the due course of justice ;—felony :— Punishment, p. s., not excdg. 7 yrs., and not less than 5 yrs., or impr., not excdg. 2 yrs., with or without h. 1, and with or without s. c. Every offence mentioned in this’ ord. which would be a FORGERY. 281 fel. or misd. according to the law of England, if committed in E., shall be a fel. or misd. in this Colony, if committed therein. Whosoever shall forge or counterfeit, or shall utter, knowing the same to be forged or counterfeited, the great seal of the U. K., etc., or the public seal of the Col. of B. G.,—or shall forge or counterfeit the stamp or impression of any of the seals aforesaid, or shall utter any document or instrument whatso- ever, having thereon or affixed thereto the stamp or impression of any such forged or counterfeited seal, knowing the same to be the stamp or impression of such forged or counterfeited seal, or any forged or counterfeited stamp or impression made or apparently intended to resemble the stamp or impression of any of the seals aforesaid, knowing the same to be forged or counterfeited, -—or shall forge or alter or utter, knowing the same to be forged or altered, any document or instrument having any of the said stamps or impressions thereon or affixed thereto ;—fel. :— Punishment—p. s. for life, or not less than 8 yrs., or impr., not excdg. 2 yrs., with or without h. 1., and with or without s. c. Whosoever shall forge, etc., as in s. 3, the seal of any public officer, office, or department, civil or ecclesiastical, in this Colony, or the seal of any body corporate in this Colony,—or shall forge or counterfeit the stamp or impression of any such seal, or shall utter, etc., as in s. 3 :— Punishment—p. s., not excdg. 14 yrs., and not less than 3 yrs., etc., as ins, 9. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at any bank or public office in this Colony, or of or in the capital stock of the Colonial bank or of the B. G. bank or of any body corporate, company, or society, which now is or hereafter may be established by charter, or by; under, or by virtue of any Act of Parl. or ord..—or any power of attorney or other authority to transfer any share or interest of or in any such stock, etc., or to receive any dividend or money payable in respect of any such share or interest, or shall demand or en- deavour to have any such share or interest transferred, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud ;—fel. :— Punishment as in s. 3. Whosoever shall falsely and deceitfully personate any owner of any share, etc., as in 8.5... . Parl. or ord., or any ORD 23, '62 $ 3 Her Majesty's seals, ete. S 4 Seals of public depart- ments or com- panies. $ 5 Transfers of stock, etc. S 6 Person- ating the owners of stock. ORD 23, '62 S 7 Attesta- tion for transfer of stock, etc. $ 8 Making false entries in bank books, § 9 Bank clerks making out false divi- dend warrants, § 10 Colonial bonds, 2Zo2 MAGISTERIAL LAW. owner of any dividend or money payable in respect of any such share or interest as aforesaid, or any owner of any money deposited in any savings bank in this Colony, and shall thereby transfer or endeavour to transfer any share or interest belong- ing to any such owner, or thereby receive or endeavour to receive any money due to any such owner, as if such offender were the true and lawful owner ;—fel. :—- Punishment as in s. 3. Whosoever shall forge any name, handwriting, or signature purporting to be the name, etc., of a witness attesting the execution of any power of attorney or other authority to trans- fer any share, etc., as in ss. 5 and 6, or to receive any dividend or money payable in respect of any such share or interest, or shall offer, utter, dispose of, or put off any such power of attorney or other authority, with any such forged name, etc., thereon, knowing the same to be forged ;—fel. :— Punishment—p. s., not excdg. 7 yrs., and not less than 3 yrs., etc., as in s. 3. Whosoever shall wilfully make any false entry in, or wilfully alter any word or figure in, any of the books of account kept at any savings bank in this Colony or by the corporation of the Colonial bank or the B. G.-bank, or by any body corp., etc., as ins. 5,.. .. Parl. or ord., in which books the accounts of the owners of any money deposited in such savings bank or of any stock of any such body corp. shall be entered and kept, or shall in any manner wilfully falsify any of the accounts of any of such owners in any of the said books, with intent in any of the cases aforesaid to defraud, or shall wilfully make any transfer of any share or interest of or in any such deposit or stock, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud ; —fel. :— Punishment as in s, 3. Whosoever, being a clerk, officer, or servant of or other person employed or intrusted in the business of any savings bank, etc., as in s. 8... . Parl. or ord., shall knowingly make out or deliver any dividend warrant, or warrant for payment of any interest, or money, for a greater or less amount than the person on whose behalf such warrant shall be made out is entitled to, with intent to defraud ;—fel. -— Punishment as in s, 7. Whosoever shall forge, etc., as ins. 5, any bond commonly called an immigration bond, or any bond, debenture, coupon, FORGERY. 283 or security issued or made under the authority of any ord. passed or to be passed for the raising of any loan for im. pur- poses or forthe payment of bounty, or for any other purpose relating to the public service of the Colony, or any indorse- ment on or assignment of any such bond, ete., with intent to defraud ;—fel. :— Punishment as in s. 3. Whosoever shall forge, etc., as in s. 5, any exchequer bill or ex. bond or ex. debenture, or any endorsement on or assign- etc ment thereof, or any receipt or certificate for interest accruing thereon, with intent to defraud ;—fel. :— Punishment as in s. 3. Whosoever, without lawful authority or excuse (proof on accused), shall make or cause or procure to be made, or shall aid or assist in making, or shall knowingly have in his custody or possession, any frame, mould, or instrument having therein any words, letters, figures, marks, lines, or devices peculiar to and appearing in the substance of any paper provided or to be provided or used for ex. bills or ex. bonds or ex. debentures, or any machinery for working any threads into the substance of any paper, or any such thread, and intended to imitate such words, etc., or any plate peculiarly employed for printing such ex. bills, etc., or any die or seal peculiarly used for preparing any such plate or for sealing such ex. bills, etc., or any plate, die, or seal intended to imitate any such plate, die, or seal as aforesaid ;—fel. :— Punishment as in s. 7. Whosoever, without, ete. (as in s. 12),...in making any paper in the substance of which shall appear any words, etc., ORD 23, ’62 § 11 Ex- chequer bills, § 12 Making plates, etc., in imitation of tbose used for ex, bills, etc. $13 Making paper in imita- tion of that used for ex, as ins. 12, peculiar to and appearing in the substance of any }i8 paper provided or used for such ex. bills, etc., as in s. 12, or any part of such words, etc., and intended to imitate the same, or shall knowingly have in his custody or possession any paper whatsoever, in the substance whereof shall appear any such words, etc., as aforesaid, or any parts of such words, etc., and intended to imitate the same, or shall cause or assist in causing any such words, etc., as aforesaid, or any part of such words, etc., and intended to imitate the same, to appear in the sub- stance of any paper whatever, or shall take or assist in taking any impression of any such plate, die, or seal as in s. 12 mentioned ;—fel. :— Punishment as in s. 7. Whosoever, without, etc., as in s. 12, shall purchase or receive, or knowingly have in his custody or possession, any § 14 Having in possession plates of dies to be used in ox, bills, ete. ORD 23, ’62 8 15 Forging a bank note, ote. §$ 16 Purchas- ing, etc., forged bank notes. $17 Making or having mould for making cer- tain paper, or selling such paper. $18 Proviso as to paper used for bills of ex- change, etc, 284 MAGISTERIAL LAW. such plate, die, or seal as in ss. 12 and 13 mentioned ;— misd. :— Punishment—impr., not excdg. 3 years, with or without h. 1. Whosoever shall forge, ete., as in s. 5, any note or bill of exchange of the Gov. and Co. of the bank of E., or bank of Ir., or of the Col. bank, or of the B. G. Bank, or of any other body corp., co., or person carrying on the business of bankers, commonly called a bank note, or a bank bill of exchange, or a bank post bill, or any endorsement on or assignment of any bank note, etc., with intent to defraud ;—fel :— Punishment as in s, 3. Whosoever, without, etc., as in s. 12, any forged bank note, etc., as in s. 15, or blank ditto, knowing the same to be forged ; —fel. :— , Punishment as in s. 4, except s. c. Whosoever, without, etc., as in s. 12, shall make or use, or knowingly have in his custody or possession, any frame, mould, or instrument for the making of paper with the words ‘‘ bank of E.” or ‘‘ bank of Ir.,” or any part of such words intended to resemble and pass for the same, visible in the substance of the paper, or for the making of paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in Roman letters, visible in the substance of the paper, or with any device or distinction peculiar to and appearing in the substance of the paper used by the Gov. and Co. of the banks of HE. and Ir. respectively for any notes, bills of exchange, or bank post bills of such banks respectively ;—Or, shall make, use, sell, expose to sale, utter, or dispose of, or knowingly have in his custody or possession, any paper what- soever with the words, etc., as above .. . substance of the paper, or any paper with curved, etc... . of such banks respec- tively,—or shall by any art or contrivance cause the words, ete., as above. .- pass for the same, or any device .. . banks respec- tively, to appear visible in the substance of any paper, or shall cause the numerical sum or amount of any bank note, etc., as in s. 15, or blank ditto, in a word or words in Roman letters, to appear visible in the substance of the paper whereon the same shall be written or printed ;—fel. :— Punishment as in s. 4, excepts. c. Nothing ins. 17 shall prevent any person from issuing any bill of exchange or prom. note having the amount thereof expressed in guineas, or in a numerical figure or figures denoting the FORGERY. 285 amount thereof in pounds sterling, appearing visible in the sub- stance of the paper upon which the same shall be written or printed, nor shall prevent any person from making, using, or selling any paper having waving or curved lines or any other devices in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not so contrived as to form the groundwork or tex- ture of the paper, or to resemble the waving or curved laying wire lines or bar lines or the watermarks of the paper used by the Gov. and Co. of the banks of E. and Ir., respectively. Whosoever, without (etc., as in s. 12), shall engrave or in anywise make upon any plate whatsoever, or upon any wood, stone, or other material, any prom. note, bill of ex- change, or bank post bill, or part thereof, purporting to be a bank ditto of the Gov. and Co. of the Bank of E., or Iy., or of the Col. bank, or B. G. bank, or of any other body corp., cO., or person carrying on the business of bankers, or to be a blank bank (ditto, etc., as before) .. . or person as aforesaid, or to be a part of a bank note (ete., as before)... or person as aforesaid, or any name, word, or character resembling or apparently intended to resemble any subscription to any bill of exchange or prom. note issued by the Gov. and Oo. of the bank of E. (ete., as before), or person as aforesaid, or shall use any such plate, wood, stone, or other material, or any other instru- ment or device, for the making or printing any bank note, etc., or blank ditto, or part of a bank note, etc.,—or knowingly have in his custody or possession any such plate, ete.,—or shall know- ingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any blank bank note (etc., as before,) . . . or person as aforesaid,’or part of a bank note, etc., or any name, word, or character resembling or apparently intended to resemble any such subscription, shall be made or printed ;—fel. :— Punishment as in s, 4. Whosoever (etc., as in s. 19) . . . material, any word, number, figure, device, character, or ornament the impression taken from which shall resemble or apparently be intended to resemble any part of a bank note, etc., of the Gov. (etc., as in s. 19) ... bankers,—or shall use, or knowingly have in his custody or possession, any such plate (etc., as in s. 19) for the impressing or making upon any paper or other material any word (etc., as before) . . . or person as aforesaid,—or shall knowingly offer (etc., as in s. 19) any paper or other material upon which there shall be an impression of any such matter as aforesaid ;—fel. :— Punishment as in s. 4, 20 ORD 23, ’62 $19 Engrav- ing or having any plate, etc., for making notes, etc., or having paper on which a blank bank note, etc., shall be printed. Possession of plate, etc. Selling, etc., blank bank note paper. S 20 Engrav- ing apy word, number, or device re- sembling part of a bank note or bill, or having any paper on which the same is impressed. Possession of plate, instru- ments, etc, ORD 23, ’62 5 21 Making, etc., mould for making paper with the name of any banker, etc. § 22 Engrav- ing plates for foreign bills, ete, $ 23 Deeds, bonds, etc, S$ 24 Forging wills, 286 MAGISTERIAL LAW. Whosoever, without (ete., as in s. 12), shall make or use any frame, mould, or instrument for the manufacture of paper, with the name or firm of any body corp. co., or person carrying on the business of bankers, (other than and except the banks of E. and Ir. respectively,) appearing visible in the substance of the paper ;—Or knowingly have in his custody or possession any such frame, etc. ;—Or make, use, sell, expose to sale, utter or dispose of, or knowingly have in his custody or possession, any paper in the substance of which the name or firm of any such body, etc., shall appear visible ;—Or by any art or contrivance cause the name or firm of any such body, etc., to appear visible in the substance of the paper upon which the same shall be written or printed ;—fel. :— Punishment as in s, 4. Whosoever, without (etc., as in s, 12), shall engrave (etc., as in s. 19) any bill of exchange, prom. note, undertaking, or order for payment of money, or any part thereof, in whatsoever language the same may be expressed, and whether the same shall or shall not be or be intended to be under seal, purporting to be the bill, etc., or part thereof of any foreign prince or state, or of any minister or officer in the service of any f. p. or 8., or of any body corporate or body of the like nature, consti- tuted or recognised by any f. p. or 8., or of any person or co. of persons, resident in any country not under the dominion of H. M. ;—Or shall use, or knowingly have in his custody or posses- sion, any plate (ete., as before) upon which any such f. b., etc., shall be engraved or made ;—Or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any part of such f. bill, etc., shall be made or printed ;—fel. :— Punishment as in s. 4. Whosoever, with intent to defraud, shall forge (etc., as in gs. 5) any deed, transport, letters of decree, mortgage, lease, or contract, or any bond or writing obligatory, or any instrument in writing purporting to be signed or made in the presence of two witnesses, or any transfer or assignment of any mortgage, etc ;—Or shall forge any name, handwriting, or signature pur- porting to be the name, etc., of a witness attesting to the execution of any deed, etc. ;—Or shall offer (etc., as in s. 5) any deed, etc... . assignment, having thereon any such forged name, etc., knowing the same to be forged ;—fel. :— Punishment as in s. 3. Whosoever, with intent (etc., as in s. 23)... any will, testa- ment, codicil, or test. instrument ;—fel. :— Punishment as in s. 3. FORGERY. 287 Whosoever shall forge (etc., as in s. 5) any bill of exchange, or any acceptance, indorsement, or assignment of any bill of ex., or any prom. note, for the payment of money, or any indorse- ment or assignment of any such prom. note, with intent to defraud ;—fel. ;— Punishment as in gs, 3, Whosoever shall forge (etc., as in 8, 5) any undertaking, warrant, order, authority, or request for the payment of money, or for the delivery or transfer of any goods or chattels, or of any note, bill, or other security for the payment of money, or for procuring or giving credit, or any indorsement on or assign- ment of any such undertaking, etc. ;—Or any accountable re- ceipt, acquittance, or receipt for money or for goods, or for any note, bill, or other security for the payment of money, or any indorsement on or assignment of any such accountable receipt, ao intent, in any of the cases aforesaid, to defraud ;— el. -— Punishment as in s, 3. Whosoever, with intent to defraud, shall draw, make, sign, accept, or indorse any bill of ex. or prom. note, or any under- taking (etc., as in 8. 26)... or other security for money, by procuration or otherwise, for, in the name, or on the account of any other person, without lawful authority or excuse ;—Or shall offer (etc., as in s. 5) any such bill, note, undertaking, etc., so drawn, ete., by procuration or otherwise, without lawful authority or excuse, as aforesaid, knowing the same to have been so drawn, etc. ;—fel. :— Punishment as in s, 4. Whenever any cheque or draft on any banker shall be crossed with the name of a banker, or with two transverse lines with the words ‘‘and Company,” or any abbreviation thereof, whoso- ever shall obliterate, add to, or alter any such crossing, or shall offer, utter, dispose of, or put off any cheque or draft whereon any such obliteration, etc., has been made, knowing the same to have been made with intent, in any of the cases aforesaid, to defraud ;—fel. :— Punishment as ins, 8, Whosoever shall fraudulently forge (etc., as in s. 5)... fraudulently altered, any debenture issued under any lawful authority whatsoever, either within H. M.’s dominions or else- where ;—fel. :— Punishment as in s, 4, ORD 23, 62 § 25 Bills of exchange or prom. notes, § 26 Orders, receipts, etc. § 27 Persons making or accepting bills, etc., by pro- curation without authority, ete. § 28 Obliter- ating crossings on cheques, § 29 De- ntures. ORD 23, ’62 __ 93 80 Proceed- ings of Courts of Record. S$ 31 Copies of records, process of courts not of record, and using forged process. $ 32 Instru- ments made legal evidence. 8 33 Forging copies of registered docu- ments. 288 MAGISTERIAL LAW. Whosoever shall forge or fraudulently alter (etc., as in s, 29) any record, writ, return, panel, process, rule, pleading, sentence, order, warrant, interrogatory, deposition, affidavit, affirmation, or recognizance, or any original document whatsoever of or belonging to any Court of Record in the Colony, or any docu- ment or writing, or any copy of any document or writing, used or intended to be used as evidence in any Court in this s. men- tioned ;—fel. :— Punishment as in s, 7. Whosoever, being the clerk of any Court, or other officer having the custody of the records of any Court, or being the deputy of any such clerk or officer, shall utter any false copy or certificate of any record, knowing the same to be false; and whosoever, other than such clerk, officer, or deputy, shall sign or certify any copy or certificate of any record as such clerk, officer, or deputy ; and whosoever shall forge (etc., as in s. 30) any copy or certificate of any record, or shall offer, etc., any copy or certificate of any record having thereon any false or forged name, handwriting, or signature, knowing the same to be false or forged ; and whosoever shall forge the seal of any Court of Record in this Colony, or shall forge or fraudulently alter any process of any Court other than such Courts as in s. 80 mentioned, or shall serve or enforce any forged process of any Court whatsoever, knowing the same to be forged, or shall deliver or cause to be delivered to any person any paper falsely purporting to be any such process, or a copy thereof, or to be any judgment, decree, or order of any Court of Law or Equity, or a copy thereof, knowing the same to be false, or shall act or profess to act under any such false process, knowing the same to be false ;—fel. :— Punishment as in s. 7, Whosoever shall forge (etc., as in s. 80) any instrument, whether written or printed, or partly written, etc., which is or shall be made evidence in this Colony by any Act of Parl. or ord. passed or to be passed, and for which offence no punish- ment is herein provided ;—fel. :— Punishment as in s, 7. Whosoever shall forge (etc., as in s. 80) any grosse or other copy purporting to be an authenticated or office copy, of any transport, letters of decree, or mortgage, or of any instrument whatever passed or executed, deposited or recorded in the Reg.’s office of Dem. and Ess., or of Berbice, or any affidavit, affirma- tion, entry, certificate, indorsement, document, or writing,-made or issued under any ord. passed or hereafter to be passed, for or FORGERY. 289 relating to the registry or recording of documents ; or shall forge any name, handwriting, or signature purporting to be the name, ete., of any person to any such grosse or other such copy, affidavit, etc., which shall be required or directed to be signed by any ord., etc., or shall offer, etc., any such grosse or other such copy, etc., or other writing as in this s. before mentioned, ORD 23, '62 having thereon any such forged name, etc., knowing the same © to be forged ;—fel. :— Punishment as in s. 4. Whosoever, with intent (etc., as in s. 23), any summons, conviction, order, or warrant of any J. P., or any recognizance purporting to have been entered into before any J. P., or other officer authorised to take the same, or any examination, deposi- tion, affidavit, affirmation, or solemn declaration, taken or made before any J. P., or any Comr. appointed to administer oaths to affidavits ;—fel. :— Punishment—>p. s. for 3 yrs., or impr. as in s. 3. Whosoever, with intent (etc., as ins. 23)... or alter any certificate, report, entry, licence, permit, endorsement, direction, authority, instrument, or writing made or purporting or appear- ing to be made by the Gov., Gov. Sec., or Ass. G. S., or by the Rec.-Gen. or Ass. R.-C., or by the I. A.-G. or any Sub-I. A., or by either of the Adms.-Gen., or by the Contr. or any officer of Customs, or by any Com. or Sub-C. of T., or by any officer of any Court in this Colony, or the name, handwriting, or signa- ture of the Gov., etc., as aforesaid, or shall offer, utter, dispose of, or put off any such certificate, etc. (as above), knowing the same to be forged or altered ;—fel. :— Punishment as in s. 4. Whosoever, without (etc., as in s. 12), shall, in the name of any other person, acknowledge any recognizance or bail, or any judgment, or any deed or other instrument, before any Court, Judge, or other person lawfully authorised in that behalf ;— fel. :— Punishment as in s. 7. Whosoever shall forge or fraudulently alter any licence of or certificate for marriage, or shall offer, utter, dispose of, or put off any such licence or certificate, knowing the same to be forged or fraudulently altered ;—fel. :— Punishment as in s. 7. Whosoever shall unlawfully destroy, deface, or injure, or cause or permit to be destroyed, etc., any register of births, baptisms, $ 34 Justices’ orders, etc. § 35 Official signatures, § 36 Acknow- ledging recogni- zance, bail, etc., in name of another. 8 37 Forging or uttering marriag licence or cer- tificate. § 38 Forgiug or uttering registers of ORD 23, '62 births, baptisms marriages, deaths, or burials, § 39 Making false entries in copies of register sent to Registrar. 8 40 Demand- ing property upon forged instruments, 290 MAGISTERIAL LAW marriages, deaths, or burials which now is or hereafter shall be by law authorised or required to be kept in this Colony, or any part thereof, or any certified copy of any such register, or any part thereof ;—-Or shall forge or fraudulently alter in any such re- gister any entry relating to any birth (etc., as before), or any part (etc., as before) ;—Or shall knowingly or unlawfully insert or cause or permit to be inserted in any such register, or certified copy thereof, any false entry of any matter relating to any birth, ete. ;-—Or shall knowingly and unlawfully give any false certificate relating to any birth, etc. ;—Or shall certify any writing to be a copy or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract shall be so given, to be false in any material particular ;— Or shall forge or counterfeit the seal of or belonging to any register office or burial board ;—Or shall offer, utter, dispose of, or put off any such register, entry, certified copy, certificate, or seal, knowing the same to be false, forged, or altered ;—Or shall offer, utter, dispose of, or put off any copy of any entry in any such register, knowing such entry to be false, etc. ;—fel. :-— Punishment as in s. 3. Whosoever shall knowingly and wilfully insert or cause or permit to be inserted in any register directed or required by law to be transmitted to any Reg. or other officer any false entry of any matter relating to any baptism, marriage, or burial, or shall forge (etc., as in s. 5) any copy of any register so directed or required to be transmitted as aforesaid, or shall knowingly and wilfully sign or verify any copy of any register so directed, etc., which copy shall be false in any part thereof, knowing the same to be false, or shall unlawfully destroy, deface, or injure, or shall for any fraudulent purpose take from its place of deposit, or conceal, any such copy of any register ;—fel. :— Punishment as in s. 3. Whosoever, with intent to defraud, shall demand, receive, or obtain, or cause or procure to be delivered or paid to any person, or endeavour to receive, etc., any chattel, money, security for money, or other property whatsoever, under, upon, or by virtue of any forged or altered instrument whatsoever, knowing the same to be forged or altered, or under, etc., any attested copy of any will, testament, codicil, or test, writing, deposited in any Reg.’s office in this Colony, knowing the will, etc., in respect of which such attested copy shall have been obtained, to have been forged or altered, or knowing such attested copy to have been obtained by any false oath, affirma- tion, or affidavit ;—fel. :— Punishment as in gs, 4, FORGERY. 291 Where by this or by any other ord. any person is or shall hereafter be made liable to punishment for forging or altering, or for offering (ete., as in s. 5) any instrument or writing designated in such ord. by any special name or description, which, however designated, shall be in law a will (etc., as in 8. 40), or a deed (etc., as ins. 23) . . . obligatory, or a Lill of exchange, or a prom. note for the payment of money, or an endorsement thereon or assignment thereof, or an acceptance of a bill of exchange, or an undertaking (etc., as ins. 26)... (or request), or an endorsement thereon or assignment there- of, within the true intent and meaning of this ord.,—in every such case the person forging or altering such instrument or writing, or offering, uttering, disposing of, or putting off such instrument or writing, knowing the same to be forged or altered, may be indicted as an offender against this ord., and punished accord- ingly. “Where the forging or altering any writing or matter what- soever, or the offering (etc., as in s. 5) any writing or matter what- soever, in this ord. expressed to be an offence, if any person shall, in this Colony, forge (etc., as in s. 5) any such writing or matter in whatsoever place or country out of this Colony, whether under the dominion of H. M. or not, such writing or matter may purport to be made, or may have been made, and in whatever language the same or any part thereof may be expressed, every such person, and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this ord., and shall be punishable thereby in the same manner as if the writing or matter had purported to be made or had been made in this Colony; and if any person shall in this Colony forge (etc., as in s. 5) any bill of exchange (ete., as in s. 4) (or request) for payment of money, or for the delivery or transfer of any goods or security, or any deed, bond, or writing obligatory for the payment of money (whether such deed, etc., shall be made for the payment of money only, or together with some other purpose), or any endorsement on or assignment of any such undertaking, warrant, order, authority, request, deed, bond, or writing obligatory, in whatsoever place or country out of this Colony, whether under the dominion of H. M. or not, the money payable or secured by such bill, note, undertaking, etc., may be or may purport to be payable, and in whatever language the same respectively or any part thereof may be expressed, and whether such bill, etc., or request be or be not under seal, every such person and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this ord., and shall be punish- able thereby in the same manner as if the money had been payable or had purported to be payable in this Golony- ORD 23, '62 $ 41 Forging any instrument which is in law a will, deed, bill of exchange, etc, $ 42 Forging documents in the Colony purport- ing to be made out of the Colony, etc. ORD 23, '62 § 43 Venue. $ 44 Descrip- tion of instru- ments in indict- ments, $ 45 And in indictments for engraving, etc. § 46 Indict- ment—intent to defraud, Evidence. S$ 47 Criminal possession. 992° MAGISTERIAL LAW. As to forged declaration, etc., see ord. 14, 55, 8. 59, “Hx- cisE—Rum,” p. 241. If any person shall commit an offence against this ord., or shall commit any offence of forging or altering any matter whatsoever, or of offering, uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case shall be indictable by virtue of any ord., passed or to be passed, every such offender may be dealt with, indicted, tried and punished, in any county and place in this Colony in which he shall be appre- hended or be in custody, in the same manner in all respects as if his offence had been actually committed in that county or place; and every accessory before or after the fact to any such offence, if the same be a fel., and any person aiding, abetting, or counselling the commission of any such offence, if the same be a misd., may be dealt with, etc., in any county, etc., in the same manner in all respects as if his offence, and the offence of his principal, had been actually committed in such county or place. In any indictment for forging, altering, offering, uttering, disposing, or putting off any instrument, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac simile thereof, or otherwise describing the same or the value thereof. In any indictment for engraving or making the whole or any part of any instrument, matter, or thing whatsoever, or for using or having the unlawful custody or possession of any plate or other material upon which the whole, etc., shall have been engraved or made, or for having the unlawful custody or possession of any paper upon which the whole, ete., shall have been made or printed, it shall be sufficient to describe such instrument, etc., by-any name or designation by which the same may be usually known, without setting out any copy or fac simile of the whole or any part of such instrument, ete. Tt shall be sufficient, in any indictment for forging (etc., as in s. 44)... any instrument whatsoever, where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. Where the having any matter in the custody or possession of any person is in this ord. expressed to be an offence, if any person shall have any such matter in his personal c. or p., or shall*knowingly and wilfully have any such matter in the actual GAS. 293 ORD 23, '62 c. or p. of any other person, or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his ¢c. or p. within the meaning of this ord. If it shall be made to appear, by information on oath or affirmation 8 48 Search before a J. P., that there is a reasonable cause to believe that any Want for . * . . paper or instru- person has in his c. or p., etc., without lawful authority or excuse, any ments employed note or bill of the Gov. (as in s. 15)... bankers, or any frame (etc.,asin in any forgery, s. 17) for making paper in imitation of that used for such notes, etc., or and for forged any such paper, or any plate (etc., as in s. 19) having thereon any words, **™™men\® forms, devices, or characters capable of producing or intended to pro- duce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations aforesaid, or any forged security, document, or instrument whatsoever, or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such J. P. may, if he think fit, Search-warrant. grant a search-warrant; and if the same shall be found, it shall be law- ful to seize and carry the same before some 8. J. P.; and all such matters and things so seized as aforesaid shall by order of the Court where any such offender shall be tried, or in case there shall be no such trial, then by order of some §. J. P., be defaced and destroyed or otherwise disposed of as such Court or J. P, shall direct. In felony principals in the second degree, and accessories _ 8 49 Princi- before the fact, punishable as principals in the first degree ; and anes aces. after the fact punishable by impr., as ins. 3. Persons Accessories. who shall aid, abet, counsel, or procure the commission of Abetiorn: any misd., may be proceeded against, indicted, and punished as principal offenders. 8. 50, as to when fines are inflictable, and as to sureties for keeping the peace; s. 51, as toh. 1.; 8. 52, as to 8. c.—see ss. 71, 69, and 70 of ‘‘ Matictous Insurres—Person,” which are the same, GAS. Ords. 21, 70; 11, 71; and 14, ’73. ORD 21, 70 After a preamble, s. 1 incorporates “‘The G. (B. G.) Gas seine Co., Lim.” Ss. 2 and 3 relate to stock (s. 2 of ord. 11,’71 being substituted for s. 3). §. 4 institutes a Board of Directors. Ss. 6 and 7 relate to general meetings. Ss. 5 and 8 to borrowing money and transferring shares. ; ORD 21,70 § 9 Companies’ Act, 1846, Procedure, ORD 14, '73 § 2, ORD 21, ’70 $11 Breaking up streets. § 12 Entry on private land. § 13 Notice of breaking up, etc. § 14 Super- intendence. Non-attend- ance of Mayor, ete. $15 Streets, etc., broken up to be reinstated without delay. 294 MAGISTERIAL LAW. Certain parts of ‘‘ The Joint Stock Co.’s Consol. Ord., 1846,” including the recovery of damages and penalties (sce ‘““CompanrEs”), incorporated, without regard to the repeal of part of them by the Companies Ord., 1864, and by ord. 14, ’78. All acts done previous to ord. 14, 73, under such repealed parts are ratified. Bys. 1 of ord. 11, 73 the co. has perpetual succession, and not for 80 years only, as provided by ord. 21, ’70. The co. is allowed to open and break up the soil and pave- ment of the several streets and bridges within the limits of G., but not in any land not dedicated to public use, without the consent of the owners or occupiers thereof (except as to new pipes in the place of any existing pipes), on giving to the M. and T. C. of G. notice, in writing, of their intention not less than 8 clear days before beginning the work, except in cases of emergency, under the superintendence of the M. and T. C. of .G., or of their officers, and according to such plan as shall be approved of by them or their officers, or, in case of any difference respecting such plan, then according to such plan as shall be determined by the P. Mag. of G., who may, on the application of the M. and T. C., or their officers, require the co. to make such temporary or other works as they may think necessary, for guarding any interruption of the drainage during the execu- tion of any works which interfere with any such sewer or drain: Provided always that if the M. and* T. C. and their officers fail to attend at the time fixed for the opening or breaking up of any such street, etc., after such notice of the co.’s intention as aforesaid, or shall not propose any plan, or shall refuse or neg- lect to superintend the operation, the co. may perform the work specified in such notice without the superintendence of the M. and T. C., or their officers. When the co. opens or breaks up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement, or the sewer, etc., so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road or pavement, where the same shall be opened or broken up, every night during which the same shall be continued opened or broken up, and shall keep the road or pavement which has been so broken up in good order for one month after replacing and making good the same, and for such further time, * Sic in ord., but? “or,” GAS. 295 if any, not being more than 3 months in the whole, as the soil so broken up shall continue to subside. If the co. open or break up any street, etc., without such notice as aforesaid, or in a manner different from that approved of, or determined as aforesaid, or without making such tem- porary or other works as aforesaid when so required, except in the cases in which the co. are hereby authorised to perform such works without any superintendence or notice ;—Or if the co. make any delay in completing any such work, or in filling in the ground, or reinstating and making good the road, ete., so opened or broken up, or in carrying away the rubbish occasioned thereby ;—-Or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of one month next after the same is made good, or such further time as aforesaid :— Forfeit to the M. and T. C., not excdg. £5, and an additional £5 for each day of delay after notice. If any such delay or omission as aforesaid takes place, the M. and T. C. may cause the work so delayed or omitted, to be executed, and the expense of executing the same shall be repaid to them by the co., and such expense may be recovered in the same manner as damages hereunder. The co. shall have the same powers, under the sup. of the C. C. Engineer, of opening and breaking up the soil of the public highways and bridges without the city of G. Ss. 11-17, both in- clusive, shall extend and apply to the public highways, etc.; and the C. C. Engineer shall exercise and discharge, with respect to the same, all the powers and duties which-may be.exercised and dis- charged by the M. and T. C. of G. under said ss. within the city. Private lighting contracts—price not to exceed $5 per 1000 eub. ft. Street lighting, and illuminating power of gas. S. 20 relates to deposits by customers. Meters and fittings shall not be subject to distress, or to the landlord’s hypothec for rent of the premises where the same may be used, nor to be taken in execution under any process of any Court of Law (including bankruptcy and insolvency). ‘The clerk, engineer, or other officer appointed for the purpose by the co., may at all reasonable times enter any building or place lighted with gas supplied by the co., in order to inspect the meters, fittings, or works for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time— Forfeit to the co., not excdg. £5, ORD 21, "70 $16 Breaking up streets with- out notice. $17 In case of delay by company. $ 18 Power to break up roads without the city. Ord. 11, ’71, 8, 3, substituted for 8. 19, § 21 Power to let meters. § 22 Entry for inspection of meters, ORD 21, '70 S 23 Stamped meters to be used, § 24 Power to enter buildings to take away meters, etc. § 25 Fraudu- lent use of gas, etc, § 26 Wilfully damaging pipes, etc. § 27 Damage, careless or accidental. 296 MAGISTERIAL LAW. All gas supplied to private consumers shall be supplied by meter, to be stamped in London, 22 and 23 Vic., c. 66, and 23 and 24 Vic., c. 146, and the registration of the meter shall be evidence of the consumption. If any person supplied with gas, hereunder, neglect to pay the co., the co. may stop the gas from entering the premises of such person, by cutting off the service pipe, or by such other means as the co. shall think fit, and recover the rent due from such person, if less than £20, together with the expense of cutting off the gas and costs of recovering the rent, as damages, for recovering which no special provision is made; or if the rent so due amount to £20 or upwards, the co. may recover the same, together with the expenses of cutting off the gas, by suit in any court of competent jurisdiction. In all cases in which the co. are authorised to cut off and take away the supply of gas from any house or building or premises hereunder, the co., their agents or workmen, after giving 24 hours’ previous notice to the occupier, may enter into any such house, building, or premises, between the hours of 9 a.m. and 4 p.m., and remove and carry away any pipe, meter, fittings, or other works, the property of the co. Every person who shall lay, or cause to be laid, any pipe, to communicate with any pipe belonging to the co. without their consent ;—Or shall fraudulently injure any such meter as afore- said ;—Or shall disconnect the pipes from the meter, unless in the presence and by the sanction of an officer of the co. ;—Or who, in case the gas supplied by the co. is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the co., or of larger dimensions than he has contracted to pay for ;—Or shall keep the lights burning for a longer time than he has contracted to pay for ;—Or who shall otherwise improperly use or burn such gas ;—Or shall supply any other person with any part of the gas supplied to him by the Co. :— Fine to the co., £5, and also £2 1s. 8d. ($10) for every day such pipe shall so remain, or such works or burners shall be so used, or such excess be so committed or continued, or such supply furnished ; and the co. may take off the gas from the house and premises of the offender, notwdg. any contract which may have been previously entered into. Every person who shall wilfully remove, destroy, or damage any pipe, pillar, post, plug, lamp, meter, fittings, or other work of the co., for supplying gas ;—Or wilfully catinguish any of the public lamps or lights ;—Or waste or improperly use any of the gas supplied by the co. :— Fine, not excdg. £5, in addition to the amount of damage. Every person who shall, carelessly or accidentally, break, throw down, or damage any pipe, pillar, or lamp belonging to the co., or under their GAS. 297 control, shall pay such sum of money by way of satisfaction to the co. i damage done, not excdg. £5, as the P. Mag. of G. shall think reason- able. If the co. shall at any time cause or suffer to be brought or flow into any canal, trench, reservoir, or aqueduct, pond or place for water, or into any drain communicating therewith, any washing or other substance produced in making or supply- ing gas, or shall wilfully do any act connected with the making or supplying of gas, whereby the water in any such canal, etc., shall be fouled :-— Fine, £200, recoverable in Supr. Civ. Court by the person whose water is fouled or prejudiced, or the M. and T. C. Limitation of action, 6 months from cessation of offence. Nothing herein to prevent the co. having proper drainage from the gas works into the R. Demerara. An additional penalty of £200 per diem during continuance of offence, recoverable in same way. Whenever any gas shall escape from any pipe laid down, or set up by, or belonging to, the co., or under their control, they shall immediately, after receiving notice thereof in writing, prevent such gas from escaping; and in case the co. shall not, within 24 hours next after service of such notice, effectually prevent the gas from escaping, and wholly remove the cause of complaint :— Fine, £5 for each day during which the gas shall be suffered to escape after the expiration of 24 hours from service of notice. Whenever any water used for domestic or other purposes within the limits of the city of G. shall be fouled by the gas of the co. :— Forfeit to the person whose water shall be so fouled, or to the M. and T. C., as the case may be, for every such offence not excdg. £20, and further sum not excdg. £10 for each day of continuation of offence after expiration of 24 hours from service of notice. For the purpose of ascertaining whether such water be fouled by the gas of the co., the person to whom the water supposed to be fouled shall belong, or the M. and T. C., as the case may be, may dig up the ground and examine the pipes, conduits, and works of the co., provided that in the case of a private individual, such person, before proceeding so to dig and exa- mine, shall give 24 hours’ notice in writing to the co. of the time at which such digging and examination is intended to take place, and shall give the like notice to the M. and T. C.; and they shall be subjected to the like obligation of reinstating the said road and pavement, and the same penalties for delay or. ORD 21, '70 § 28 Canal water fouled by company. 8 29. 8 30. S 31 Not preventing escape of gas, § 32 Fouling water used for domestic purposes, by company. ol S 33 Proof of uling, 298 MAGISTERIAL LAW. ORD 21, '70 any non-feasance or misfeasance therein, as hereinbefore pro- vided with respect to roads and pavements broken up by the co. for the purpose of laying their pipes. (Ss. 14, et seqq.) $34 Expenses If upon any such examination it shall appear that such water of examination. has been fouled by any gas belonging to the co., the expenses of the digging, examination, and repair of the street, or place disturbed in any such examination, shall be paid by the co.; but if upon such examination it shall appear that the water has not been fouled by the gas of the co., the person or corporation causing such examination to be made shall pay all such ex- penses, and shall also make good to the co. any injury which may be occasioned to their works by such examination. $35. Such expenses are recoverable as damages, for the recovery of which no special provision is hereby made. 1 B36,0m Nothing herein shall prevent the co. from being liable to any a es. indictment for nuisance, or to any other legal proceeding, to which they may be liable in consequence of making or supplying gas. S 37 Powers All things in the “‘ Joint Stock Companies Consolidated Ord., ee 1846,” authorised or required to be done by 2 Js. P., may be done by the P. Mag. of G. or any other St, or Sp. J. P. sitting for him :—Procedure, as near as possible, under ord. 19, 56, and Review under same ord. (i.¢., under ord. 5, ’68)—this is the only ord. that gives the amount of the penalties in English £s. d., and omits mention of ord. 5, 68; hence it would seem to have been drawn and prepared in England, or copied from the English Act). SS 38-41, The co. are empowered to acquire title to property. 8S. 39 prescribes the liability of the co, if wound up. 8S. 40 preserves the rights of the Crown. 8. 41. ‘Street’ = any square, court, alley, highway, lane, road, thoroughfare, or public passage, or place, or any public dam, or parapet, within the limits of the city of G. ORD 16, '72 GUNPOWDER. $1 This ord, not to affect ords, 19, 62; 25, 60; and 8, *44. 2Substance Whoever shall have in any building, premises, or place what- eis ama ed ever, in G. or New-Am,., or any locality which has been legally ing. constituted a village, or within one mile of G., New-Am., or any locality, etc. (as before), any explosive substance (other than g.), without a licence authorising him to have the same :— Fine, not excdg. $500—summary offence, GUNPOWDER. rs 299 Beyond the limits of G. or New-Am., or beyond 2 miles from the limits of either, no person shall sel or shall offer or expose for —saj sale any g. without a licence to sell the same; and such licence shall not authorise the keeping on any premises of more than 25 lbs. of g., but shall be considered a retail licence. Fine on breach, not excdg. $100, No person shall keep in any building, premises, or place whatever, a greater quantity of g. than 10 lbs., without a Licence to keep the same. Fine, not eacdg. $100. Applications for licences under s. 2, for G., to be made to the P. Mag., or any 8. J. P. acting for him; for New-Am., to any 8. J. P. exercising jurisdiction there ; for amy other locality, to the §. J. P. of the district.—Power for the Mag. applied to to refuse the application, and to cancel a licence, subject to appeal te the Gov. and C. of P. Licences under ss. 3 and 4 granted by the Distr. Com. (ord. 6, ’73), Introd., p. xv. Licences may be for the whole or the unexpired part of the fin. year, and are subject to taxation. Any Insp. of P. [or Distr. Com., ord. 6, ’78], or other p. officer, or constable, who shall know, or have any reasonable cause to suspect, that any explosive substance (other than g.) is illegally kept on any premises in any part of the Colony; or that g. is illegally kept on any premises situate more than 2 miles from G., or New-Am., may make application, stating on oath such knowledge or suspicion, to any 8. J. P., who may by warrant under his hand authorise the applicant, with or without assistance, to enter into and search such premises, and seize any such explosive substance, or any g., there found, Fine on occupier of the premises, not excdg. $500, and forfeiture on conviction of any expl. sub. or g. seized, without other process—summary offence. See ord. 19, 62, s. 13, p. 302, Any person, who by refusing to open any door which it is legally in his power to open, or in any other way, shall obstruct ;— Or who shall in any way molest, oppose, hinder, or impede, any person authorised under this ord. to enter any place, and there to search, or otherwise ascertain, whether there has been any breach of this ord. ;—Or who shall remove, throw away, or destroy, or cause to be removed, ete., any goods or things whatever, in order to prevent or impede any search for or seizure of the same :— Fine, not excdg. $500—summary offence, Owner may claim within 14 days from seizure, stating ORD 16, ’72 $3 Gunpowder le of, 88. 8 4 Keeping of, § 5 Licences (under s, 2). Under ss. 3, 4. $13 Duratica. 89 Search war- rant, § 10 Obstruc- tion in execution of duty, - § 11 Claims. * 800 MAGISTERIAL LAW. ORD 16, '72 § 12 Jurisdic- tion, $14, $165. ORD 19, '62 barrels, etc., to be stored in magazine. _8 4 Regula- tions. §S 6 Sale of gunpowder in magazine, where storage not paid. 8 7 Permits for removal of ~ gunpowder from magazine, S 8 No person to deal in gun- powder except under licence, S$ 9 Wholesale licence, specifically his reasons for disputing the legality of the seizure, but, if unsuccessful, to pay costs. Party seizing to pay costs only when Court certifies no probable cause for seizure. Jurisdiction under ord, 19, 66. Claim and proceeding for penalty to be before same J. P. Incorporation of ord. 81, ’50—Introd., p. xvii. Repeal of ord. 15, ’71, and all laws on matter, subject to s. 1. All g. in barrels, or in any receptacle exedg. in weight 10 lbs., introduced into this Colony, at the Port of G., shall be stored in the Colonial gunpowder magazine, at a storage rent levied and fixed by the Gov. and Combined C.; (s. 5) such rent to be paid prior to removal. For amount, see s. 35 of current tax ord. Magazine to be under the charge of such officer as the Gov. shall appoint, and subject to regulations by the Gov. and C. of P., when published in the 0. G. If any g. stored in the magazine shall not be removed within 8 years from deposit, unless the storage and expenses shall be paid, power for the officer in charge to sell the same by public sale to any licensed dealer in g., and to deduct from the pro- ceeds the storage rent: balance of proceeds to be paid to the owner thereof on application. The Contr. of Customs shall, on the application of any authorised person desirous of removing g. from the said maga- zine, deliver to such person a permit. unsigned, which shall state the quantity to be removed, the amount of storage rent due, the place to which the same is intended to be removed, and the name of the purchaser ; and such person shall there- upon pay to the Rec.-Gen., and obtain his receipt for, the amount so stated to be due, and the Contr. shall then sign and deliver the permit. No person to deal by wholesale in g., or to retail g., within G. or New-Am., or within 2 miles of either, wnless possessed of a wholesale or retail licence (ss. 9, 10) :— Fine, not excdg. $48, and not less than $12. The Gov. may cause licences to deal in g. by wholesale in G. and New-Am., and in any place within 2 miles of either, to be issued to applicants on producing a certificate from the M. and T. C. of G., or the Board of Sup. of New-Am., that he is provided with a fire-proof vault or place capable of safely storing 150 lbs. of g.; and all g. kept beyond the quantity hereby allowed, shall be forfeited, together with the receptacles in which such g. shall be; and any wholesale dealer keeping the same shall, for every such offence, forfeit 50c. for every lb. of g. kept beyond GUNPOWDER. 301 the allowed quantity ; and all g. in the possession of any whole- sale dealer in g. shall be kept by him in such vault or place. Fine, not excdg. $96, and not less than $24, The Gov. may cause licences to deal in g. by retail in G. and li New-Am., and in any place within 2 miles of either, to be issued to applicants on producing a certificate from the Com. or Sub-C. that he is provided with a metal case lined with wood capable of containing 10 Ibs. of g., such case to be furnished with a lock and key and with handles for the convenience of removal, and to have the word ‘‘ gunpowder” legibly marked thereon; and all g. kept beyond the quantity hereby allowed shall be forfeited, together with the receptacles in which such g. shall be; and any retail dealer keeping the same shall for every such offence forfeit 50c. for every lb. of g. kept beyond the allowed quantity ; and all g. in the possession of any retail dealer in g. shall be kept by him in such case :— Fine for each offence, not excdg. $48, nor less than $12. No person shall have or keep at one time, being a wholesale dealer in g., more than 150 1bs., and not being a wholesale dealer, more than 10 lbs., in any house, storehouse, warehouse, shop, yard, stelling, wharf, or other building or place (and all buildings and places adjoining to each other and occupied together, shall be deemed one house or place), or any river or other water (excepting in carriages loading and unloading or passing on the land, or in ships, boats, or vessels loading or unloading or passing on any river or other water or detained there by the tide or bad weather), within G. or New-Am., or within 2 miles of either, and all g. kept beyond the quantity hereby allowed shall be forfeited, together with the receptacles in which such g. shall be :— Fine on person keeping the same, 50c. per Ib. of g. so kept. Power for the Gov. and C. of P. to make (and alter) rules for regulating the conveyance of g. by land and by water, to and from the said magazine, to be published in the 0. G. (See copy rules in the Colonist ed. of the Colonial ords., vol. iii.) Any 8. J. P., on reasonable cause assigned upon oath by any person, may issue a warrant under his hand for searching in the day time any house, storehouse, warehouse, shop, yard, stelling, or other place, or any carriage, ship, boat or vessel in which such g. is suspected to be kept or carried, contrary hereto; and also the g. barrels or other receptacles shall be immediately seized by the searcher, who shall, with all convenient speed, after the seizure, remove such g., and the barrels or other receptacles in which it shall be, to such proper places as he, in conformity to the restrictions hereof, shall think fit ; and in the 21 ORD 19, 62 _§ 10 Retail cence, § 11 Quanti- ties allowed to be kept in Georgetown and New-Amster- dam. $ 12 Rules for conveyance of gunpowder, § 13 Search warrant, ORD 19, 62 Liability of seizer for damage. Process to issue within 28 days. $ 14 Regula- tions for the security of vessels in the River Deme- rara, $ 15 Harbour Masters and officers of Customs to be searchers. 302 MAGISTERIAL LAW. case of any such g. seized in any carriage or vessel, may use for the removal, during the space of 24 hours after seizure, such carriage or vessel, with the tackling, beasts, and accou- trements belonging thereto (paying afterwards to the owner or owners thereof a sufficient recompense for the use thereof, to be settled by the S. J. P. before whom the complaint shall be heard, after the seizure, and in case of non-payment immedi- ately after settlement by such J. P.; to be recoverable as in the case of pecuniary penalties under the ord.), and may detain such g., and the barrels or other receptacles in which it shall be, till it shall be adjudged on a hearing before a 8. J. P. whether the same shall be forfeited; and such searcher or seizer shall not be liable to any suit for such detainer, or for any loss of or damage which may happen to the said g. or barrels, ete., other than by the wilful act or neglect of himself or the persons with whom he shall intrust the keeping thereof. Where any g. is seized hereunder, proceedings for the for- feiture thereof shall be commenced within 28 days after such seizure. See also ord. 16, 72, s. 9, as to g. outside the 2 mile radius (p. 299). No master or commander of any ship or other vessel lying in the R. Dem., and outward bound, shall receive or permit to be received on board any such ship or vessel more than 25 Ibs. of g. (except for the Queen’s service) before the arrival of such ship or vessel at, over, against, or beyond Fort Wm. Fredk. ;— And the master or commander of every ship or vessel coming into the R. Dem. shall (except in the case of g. for the service of the Crown) put on shore and store, in conformity to the restrictions of this ord., all the g. on board such ship or vessel above the quantity of 25 lbs., either before the arrival of such ship or vessel at said fort, or within 24 hours (if the weather shall permit) after coming to an anchor in the river, or to the place of unloading there, and shall not afterwards have on board more than 25 lbs. of g., except for the service of the Crown :— Forfeiture for every offence in any of the said cases of all the g. found on board above the weight of 25 lbs., and the barrels or other receptacles in which such g. shall be, and also 50c. for every lb. of g. above the quantity of 26 lbs. The H.-M. of the Port of G., and any officer of Customs, shall be a searcher or searchers for unlawful quantities of g. in ships or other vessels in the R. Dem., and may at any time between sun-rising and sun-setting, enter any ship or vessel (except HL. M.’s ships) in the said r., above or within the said Fort, and search the same for unlawful quantities-of g., and also shall have the same powers of seizing, removing to proper places and detaining all such unlawful quantities of g. found on board HACKNEY CARRIAGES. 303 any such ship or vessel, and the barrels or other receptacles in which such g. shall be, as are hereinbefore given to persons searching for unlawful quantities of g. under a warrant of a 8. J. P. Procedure under ords. 19, 56, and 5, 68; half fine appor- tionable, under ord. 5, ’72, to informers (p. 181). Power for the Gov. (ord. 15,70) to order restoration of forfeiture, and to remit or mitigate any forfeiture or penalty ; and every forfeiture or penalty so mitigated to be appropriated as ordered by Gov. By Tax Ord. (s. 2) the provisions of ord. 16, ’54, relating to the warehousing of goods, do not apply to g., and by s. 15 (‘‘ Exctse—Taxes”’), wholesale and retail licences are fixed for g. and fireworks (p. 270). As to the sale and keeping of g., and licences therefor, and claims on seizures, see ord. 16, '72, p. 299. HACKNEY CARRIAGES. Ord. 21, ’66. ‘‘ Hackney carriage "=a carriage plying for hire in G., or within 1 mile thereof. ‘“ Proprietor”=every person who, alone or in partnership, shall keep any such bh. c. ‘‘ Animal” =horse, or mule. The M. and T. C. of G. to appoint an Insp. of h. es. No such h. e. shall ply for hire until the proprietor shall have made application in writing to the Insp. to inspect the same, and the animal or animals, and harness, intended to be used therewith, and until the Insp. shall have given a certificate (Form A), which shall bear the same no. as the licence of the h. ¢. to which it refers. Fine on proprietor of h. v. plying without certificate, not excdg. $20. Certificate to be endorsed with no. of persons (including driver) the h. c, may carry: if drawn by one animal, not to carry more than 4, and if drawn by 2 animals, not to carry more than 6 persons. If at any time there shall be carried in any h. c, more than the no. allowed by such endorsement ;—Or. if any h. c. allowed to carry more than 4 persons shall at any time be drawn by one animal only :— Fine, in either case, on the driver, not excdg. $5, As to suspension and revocation of licence, see ss. 20-1. On Feb. 17, 77, two cabmen were brought up on the information of a police constable, for violating the rules established by ord. 21, ’66, by ORD 19, 62 816 Governor may remit or miti- gate forfeitures. ORD 21, ’66 § 1 Interpreta- tions, § 2 Inspector. 8 3 Certificate, S$ 4 Numter of persons to be carried, ORD 21, ’66 _ Force of “ mar- ginal notes,” S 5 Unfitness of carriage. 8 6 Licence and badge. Limitation. 304 MAGISTERIAL LAW. carrying in their h. cs, at one fare more than the number of passengers allowed to be conveyed by law. One pleaded guilty; the other denied the statement of the officer, that he was seen driving from the steamer’s stelling at the time alleged with 5 persons in his cab; and the question was asked, what number of persons the deft. was authorised to carry. S. 4 of the ord. was cited. The marginal notes to thats. in Firth’s Laws are in the following words :—‘ Inspector to endorse on certificate number of persons the carriage named therein is to carry.—Proportion of passengers to animals,—Penalty for breach of this regulation.” The question therefore which presented itself was whether the number of persons to which a cab is restricted under the s. means the number of passengers only or must be reckoned inclusive of the driver. If the driver was not in- cluded, then the deft. in this instance had not acted in contravention of the s. Then, although the notes could not be deemed part of the law, yet they are framed according to the meaning of the s., and are usually affixed by. the Att.-Gen. before an ord. is printed ; and it was difficult with the word “ persons” in one place and “passengers” in another, to tell the exact meaning of thes. The Mag. said he should not express any opinion as to whether the ord. included the driver or simply referred to the number of passengers, and should confine himself to the certificate given by the Insp., which stated on the face of it that the cab in question was not allowed to carry more than “4 persons, including the driver.” Several witnesses were examined for the defence, who averred that at the time at which the officer said he had seen the deft, driving, the horse and waggon had already been put up in the stables, The Mag, said he could see no reason to doubt the officer, who was always very accurate in cases of that sort. The deft. was fined. [It is somewhat doubtful how far a preamble (see p. 1) can control an enactment, but it is quite certain that a marginal note can have no force whatever.—ED. ] If the Insp. shall at any time be satisfied that any h.c., or any animal or harness used therewith, is not in a fit condition to be used, he shall at once give notice in writing to the pro- prietor, stating in what the unfitness consists, and prohibiting - the use of suchh.c., etc. If while such notice remains in foree and uncancelled by the Insp., any such h. ¢., etc., shall be used— Fine on the proprietor, not excdg. $20. The driver of every h.c. shall provide himself with a licence to be signed, and with a badge to be furnished, by the T. Clerk on payment of $1, to go to the T. Funds. Licences shall be granted only to persons above 18, and who shall produce a certificate of competency from the Insp. If any person shall act as driver of any h. ¢. without having obtained such licence ; —Or after the same shall have been revoked ;—Or during the suspension of the same— Fine on such person, and the proprietor of the h. c., not excdg. $20 for every occasion. Sees, 20-1. One complaint only shall be made against each in respect of offences against this s. committed on any one day. HACKNEY CARRIAGES. 805 The driver of every h. c. shall wear his badge on his right arn, so that the same may be plainly seen. Fine, not excdg. $5 for every complaint of neglect. Sees. 20-1. Every person hiring any h. c. shall be entitled to carry thereon a reasonable quantity of luggage without any additional charge. The driver of every h. c., wherein any property shall be left, shall within 24 hours, if such property shall not sooner be claimed from him by the owner thereof, carry the same to the Brick-Dam p. s., to the principal p. o. on duty :— In default, impr., not more than 3 months, with or withouth. 1., or fine,_ not excdg. $20. Sees. 20-1. The Insp.-Gen., on delivery as aforesaid of any such property, shall cause an entry of the same, stating the description thereof, the name and address of the driver bringing the same, the no. of the c. in which the same was left, and the day and hour of the receipt of the same at the p. s., to be made in a book to be kept for that purpose; and such property shall be delivered to any person who shall give proof to the satisfaction of the Insp.- Gen. of being entitled thereto. Fares as in Sched. B; alterable by the M. and T. C.; to come into operation when confirmed by the Gov. and C. of P., and published for 3 weeks in the 0. G. and in every newspaper published i in G. The T. Clerk shall cause a sign, with the tariff of fares dis- tinctly painted on it, to be placed and kept in some conspicuous position at each h. c. stand, and shall deliver to each proprietor, for each h. c. kept by him, a card with the tariff of fares legibly printed thereon, numbered with the same no. as the licence of the c. for which it is given. Every such proprietor shall keep such card affixed to the inside of such c., in such a position that it may be seen distinctly by any person travelling in such c. :— Fine in default, not excdg. $10. When any such card shall be worn out, or rendered illegible by use, the proprietor shall procure a new card from the T. Clerk, and affix the same in like manner :— Fine in default, not excdg. $10. If the driver of any h. c. shall ewact and receive from any per- son any sum excdg. the fare to which such driver shall be entitled :— Fine, not excdg. $5." Sees. 20-1. If the driver of any h. c. shall be intowicated while driving, or shall by wanton or furious driving, or by any wilful misconduct, injure or endanger the person or property of any one :-— Impr., with or without h, 1., not excdg., 3 months, or. fine, not excdg, $20, See s, 20-1, ORD 21, ’66 S 7 Position of badge. 5 8 Luggage. S 9 Property left in carriage, 8 10 Claims, $11 Fares, _§ 12 Fares- sign. Fares-card. Renewal of, $13 IWegal charge. 5 14 Mis- conduct of driver. ORD 21, ’66 Actual injury. Reservation of civil rights, §$ 15 Refusal of driver, ete, Distance, Speed. Luggage. § 16 Refusal of passenger. § 17 Position of stands, 8 18 Rules of stands, $ 19 Who may prosecute. 5 20 Suspen- sion of licence. Revocation of licence, § 21 Division of penalties, § 22 By-laws, 806 MAGISTERIAL LAW. , Im case of any actual injury fo the person of any one, the J. P. may refer the case to a higher criminal tribunal. No adjudication of any J. P., or of any criminal tribunal whatever, shall affect the right to damages in any civil action that may be brought by any person aggrieved, in respect of any injury suffered by such person. Every proprietor or driver of a h. c. who shall refuse to let such ¢, to any person desiring to hire the same ;—And every driver of a h. c. who shall refuse to drive such c. to any place in G., or within one mile thereof, to which he shall be required to drive any person hiring or intending to hire such c. ;—Or who shall not drive the same at a reasonable and proper speed ;—Or who shall refuse to carry thereon a reasonable quantity of luggage for any person hiring the same :— Fine, not excdg. $10. See s. 20-1. If any person hiring any h. c. shall refuse, on demand, to pay to the driver or proprietor the legal fare, such fare, together with a reasonable allowance for loss of time, may be recovered from him by sueh driver or proprietor :—recoverable under Petty Debt Ord., 18, ’58, The stands for h. es. as in Sched. C: alterable by the M. and T. C. when confirmed by the Gov. and C. of P., and published for 8 weeks in the O. G, and in every newspaper published in G. The driver of every h. c. shall be bound, when unemployed, to take his place with his c. upon one or other of the stands. The es. on the said stands shall be so arranged as to cause no obstruction to passengers, or vehicles, or to the inhabitants residing in the neighbourhood. Not more than 10 on one stand. The police to see that the provisions of this s. are strictly observed. Fine on any person acting contrary hereto, not excdg. $5. See s. 20-1. Complaints against proprietors and drivers to be preferred by the Insp., or any officer of police, or town constable, or any person interested, before the P. Mag. of G., or any St. or Sp. J. P. acting for him. The driver of any h. c., in addition to aforesaid punishments or penalties, shall, at the discretion of the Mag., be liable to have his licence suspended for not more than four months, The Mag. shall forward the licence, with a memorandum of his sus- pension endorsed thereon, to the Insp., who shall not give back the licence to the driver until the expiration of the term of suspension. For any offence committed after suspension, whether the term of sus- pension shall, at the time of the subsequent offence, have expired or not, the driver shall, at the discretion of the Mag., be liable to have his licence revoked. The Mag. shall endorse on the licence a memorqgndum of his revocation thereof, and shall forward the same to the Insp., who shall retain the same. One half penalty to person preferring the charge, and the other to the T. Clerk, in aid of the Town Funds; apportionable under ord. 5, 72. The M. and T. C. tomake by-laws for the regulation .of h. cs., imposing penalties for the infringement of the same, recoverable as if hereby im- posed; when approved by the Gov. and ©. of P., and published for 30 days in the O, G, and every newspaper published in G, HARBOUR. 807 HARBOUR. ‘The Demerara Harbour Regulation Ord., ’55.” Limits of the harbour. Gov. to appoint and remove Harbour-Master ; salary as voted by Comb. C. . The H.-M. shall have an office in such place as shall be appointed by the Gov., keep a correct journal, keep a good boat, carrying a distinguishing flag and properly manned, and visit the shipping at least once every day, and take care that all vessels are properly moored or made fast to a stelling. Every vessel arriving from beyond the limits of the Colony shall be visited by the H.-M.: if arriving between sunset and sunrise, at some time before 7 on the succeeding morning ; or if arriving between sunrise and sunset, within 2 hours after she brings to off the Fort. And the H.-M. shall give to the master of each vessel so visited, a printed copy of ss. 6, 12, 14-18, 23-26, 28-30, 34,* 35,* 36,* 38, 41, and 42, of this ord.; of ss. 2-5 of ord. 19, 50; and of s. 18 of ord. 8, ’54, for the guidance of such master during his stay in the H.; and the H.-M. shall at the same time direct the pilot where to moor the vessel. Nothing in this ord. shall relieve the H.-M. from the duty of visiting vessels between sunset and sunrise if specially required, with the sanction or by order of the Gov. Vessels arriving from beyond the limits of the Colony, and coming within the limits of the H., whether or not they shall have entered the Port of Berbice, shall be charged as the fee of the H.-M.’s Office, an uniform rate of 24c. per ton register, Every vessel, if arriving between sunset and sunrise from a place beyond the limits of the Colony, whether or not she shall have previously entered the Port of Berbice, shall come to anchor, or if arriving between sunrise and sunset shall bring to, abreast of the Fort, to await the visit of the H.-M., and the master of such vessel shall promptly answer all such questions :— Fine on refusal or neglect, etc., as above, not less than $50, nor more than $500. The H.-M., under limitations and conditions authorised by the Gov., shall prohibit all persons from visiting any vessel arriving with ims. imported at the public expense, and from communicating in any manner whatsoever with such ims., and * These ss, are repealed by ord. 4, 70. ORD 22, ’65 81. 52 S 3 Duties of H.-M. 8 4 Visiting vessels. S 5 Night visits, 5 6 Fees—rate per ton, 5 7 Vessels arriving, to anchor or bring to off the Fort. § 9 Immigrant vessels. ORD 22, '65 $ 10 Royal Mail Steamers, $ 11 Pilot to giveship-masters copies of certain sections. $12 As to mooring, limits for different classes of vessels, $ 13 Colony craft, $14 Loading, etc., at publie stellings. S15 Private stellings. § 16 How vessels to be rigged in H, 808 MAGISTERIAL LAW. shall preven’ any im. from quitting such vessel, until arrange- ments have been made by the I. A. G. for their allotment and distribution :— Fine, on person committing a breach of this s., not excdg. $48. The Royal Mail Steamers shall, unless liable by law to the performance of quarantine, be allowed to proceed at once to their usual anchorage either by day or night, without bringing to abreast of the Fort, and the H.-M. shall be bound to visit them within half an hour after the anchor is down. Every pilot on taking charge of a Mail Steamer shall give to the master a copy of s. 10 of this ord., and on taking charge of any other vessel shall give to the master a copy of ss. 7 and 8 of this ord. 8. 8 is rep. by ord. 4, °70. Z Fore and aft rigged vessels, if under 60 tons, shall not be moored less than 40 fathoms from the nearest stelling or vessel lying alongside a stelling, nor lie at single anchor without per- mission from the H.-M. No vessel of larger tonnage shall be moored nearer the shore than 75 fathoms from low-water mark on the east bank of the river, nor lie at single anchor, without permission from the H.-M; nor shall any vessel, except a vessel of war or a Mail Steamer, be moored in the river in front of that part of G. between the market slaughter-house and the C. B. warehouse :— Fine for mooring contrary to s., on master, $48 ; further finein default of removal within 24 hours after notice to quit by the H.-M., $24 per 24 hours after notice. The H.-M. shall see that all Colony craft are duly marked with the proper nos. according to their licences, and all Colony craft, if not alongside a stelling, must be moored or anchored at least 10 fathoms to the w. of any stelling or vessel lying along- side a stelling :— Fine for improper mooring, or refusing to remove, not less than $5, nor more than $24. All vessels having to land or take in any part of their cargoes at a public stelling, shall do so with boats or other small craft, which must land or take in their cargo without delay. j The H.-M. may grant permission to any vessel, on application being made, to go alongside a private stelling for the purpose of breaking bulk, or in case of a steamer, for coaling, provided the same can be done without injury or inconvenience to the public or to private persons. All vessels moored in the H., or lying alongside any stelling, shall have their lower yards topped up, their flying-jib booms, jib booms, and spanker booms run in. No vessel shall have an out-rigger longer than 12 feet from the gunwale; or shall run HARBOUR. 309 an anchor on shore, or shall have a rope made fast on shore or to another vessel, except in cases of emergency, or in warping from one place to another, or in getting under weigh, when, in order to prevent accidents, it shall be the duty of the master to have a boat fastened to the bight or centre of the rope while laid out; and to prevent accidents at night, a light shall be hoisted in the boat so placed, and kept burning from sunset to sunrise :— Fine on breach, $100. The H.-M. is authorised to cause vessels alongside a stelling to move in any direction for the purpose of facilitating the movements of other vessels, and also to remove any vessel from her moorings for her own safety or for the safety of other vessels, or to enforce quarantine regulations, or to secure free navigation. Fine for refusing to remove (in addition to any expense incurred by a H.-M. in effecting such removal), not less than $24, nor more than Whenever any vessel leaves her moorings, it shall be the duty of the owner of such moorings to cause them to be well buoyed previously to the departure of such vessel, or within 24 hours thereafter :— Fine, not less than $10, nor more than $24, No boat shall be employed for the conveyance of passengers or their luggage to or from any vessel, unless such boat shall belong to some ship or vessel other than the Colony craft, or unless such boat shall be licensed and registered. If any person having taken out a licence for any boat shall be desirous of employing the same for the conveyance of pas- sengers or luggage to or from any vessel, he shall have such licence registered by the H.-M. in a book to be kept by him for such purpose, and the H.-M. shall endorse upon such licence the date of registration and number in his register, and no such registration shall have any force or effect upon the expiration of the term for which the licence itself has to run; no fee shall be charged. The H.-M. shall not be compelled to register any boat which in his judgment shall be insufficient or unsafe for the purpose of plying for the conveyance of passengers and luggage ; and once in every 6 months the names of the owners of all boats regis- tered under this ord., with the respective numbers of such boats according to licence and register, shall be published in the O. G. If any boat not belonging to some ship or vessel other than Colony craft shall be employed for the conveyance of passengers ORD 22, '55 $ 17 Power to order vessels to move, 818 Moorings to be buoyed on a vessel leaving. $19 Passenger boats. § 20 To be registered by H.-M. § 21 Publica- . tion of list. S 22 Illegal plying, or mis- conduct of crew, ORD 22, 55 Arrest without warrant. § 23 Refusing to quit stelling. § 24 Hauling vessel on shore. $ 25 Pitch, tar, etc., how to be prepared. § 26 Vessels on fire or in distress, 310 MAGISTERIAL LAW. or luggage to or from vessels without being registered as afore- said, or if any person employed on board any such boat shall be guilty of any breach of the peace, of any violent or dis- orderly conduct, of using any obscene, abusive, or profane language, or of refusing to leave any vessel when ordered to do so by the master, or if any person shall ply as aforesaid with a boat in a dirty state, or not properly fitted up for the convey- ance of passengers, or not in good repair, or insufficiently or improperly manned, or if such person shall refuse to convey passengers or luggage when required, or to place in and re- move from his boat any passenger’s luggage, or shall by negligence injure, destroy, or lose any property entrusted to him for conveyance, or shall disobey any order given by the H.-M. in the execution of his duty :— Fine, not excdg. $24, in addition to the value of any property injured, lost, or destroyed. Any person so offending may be arrested, with or without warrant, by any police officer or constable, and conveyed to the nearest p. st. If any boat or other craft employed to land or take in any cargo, passengers, or luggage at a public stelling, shall not quit the stelling when discharged or loaded— Fine on licence holder or master, not excdg. $5. If any vessel shall be hauled onshore without the permission of the H.-M.— Fine on master or owner, $24, and a further fine of $10 per 12 hours after notice by the H.-M. to remove. Any pitch, tar, or other cumbustible matter required for the use of any vessel lying at her moorings, shall be prepared in a boat towed astern; and if required for the use of any vessel lying alongside a stelling, in a boat moored at least 10 fathoms from the nearest vessel or stelling; and no light shall be used on board any vessel when drawing off, starting, coopering, or removing spirits :— Fine on breach of this s., $100. Should any vessel take fire whilst at anchor, or be otherwise in distress, it shall be the duty of the master to make a signal of alarm, upon which signal being made, the master of every other vessel shall send a boat and crew with requisite appliances to render aid; and in case of the vessel being on fire, the master shall immediately use his best endeavours to get into the stream and to leeward of all other vessels; and the H.-M. shall take charge of said vessel whether the master is on board or not, until she is removed to a safe distance from other vessels or from buildings on shore; and he shall be entitled to require HARBOUR. 811 the aid and assistance of the pilots and river police in carrying out his orders for that purpose :— Fine for without reasonable excuse disobeying this s., not less than $24, nor more than $48. Every punt and craft is to be provided with a good iron grapnel, and chain or cable of sufficient weight and strength, according to the size of the vessel, and no punt or craft shall be allowed to make fast to a public stelling between sunset and sunrise without permission of the H.-M, :— On breach, fine on the owner, not less than $5, nor more than $24. If a vessel be sunk, the H.-M. shall, within 12 hours after the occurrence, give notice to the master, owner, or consignee of such vessel to remove the same; in default of compliance within 24 hours thereafter, he shall forthwith demand from the master, owner, or consignee of such vessel security for the repayment of the expenses which he may incur in removing her, and he shall cause the said vessel to be removed in such manner and to such place as he may deem best; in case of the refusal or inability of such master, owner, or consignee to give security as aforesaid, the vessel shall be deemed to be aban- doned and may be sold to defray the expenses of removal. In all such cases it shall be the duty of the master, owner, or consignee to give notice to the H.-M. of such occurrence, within 12 hours :— Fine, in default, not less than $10, and not excdg. $24. For the redress of injury sustained by any vessel, by the negligence or misconduct of the master of any other vessel, where the amount of damages claimed shall not exceed $48, jurisdiction shall be vested in the P. Mag., and one other Mag., who are hereby authorised to associate with themselves the H.-M. and a Member of the Committee of Pilotage, for advice in case of conflicting testimony upon any technical point, and the decision of such Mags, shall be final, See ord. 11, 58, s, 1—Introd., p. viii. Any person finding a boat or other craft or any package adrift, or picking up an anchor or cable, not buoyed, shall forthwith deliver the same to the H.-M. Fine, in default, not less than $5, nor more than $48, On receiving from any person any boat, craft, package, anchor, or cable, mentioned in s. 80, the H.-M. shall forthwith advertise the same, giving notice that if not claimed within 10 clear days from the date of the publication of such advt., the same will be sold by public auction on a day to be named by the H.-M., and on the sale being effected, the H.-M. shall first deduct all expenses necessarily incurred,and the nett balance shall be divided, one-third to the person finding the article sold, ORD 22, '565 § 27 Punts, eic., to have proper chains and grapnels. § 28 Vessels sinking. § 29 Jurisdic- tion—damages not excdg. $48. § 30 Boats adrift, etc. 8 31 How such articles are to be dealt with if un- claimed ; 312 MAGISTERIAL LAW. ORD 22, '65 : one-third to the H.-M., and the remaining one-third‘to the Colony. § 32 If In the event of any article mentioned in s. 30 being claimed, slaumed. and right thereto established to the satisfaction of the H.-M. before the expiration of the 10 days mentioned in the advt., he shall deliver such article to the owner thereof, on payment by him of the expenses actually incurred, and of a salvage not excdg. one-third of the appraised value after deduction of expenses, to be determined by the H.-M. Ss. 83 to 87, and rules, etc., relating to quarantine, rep. by ord. 4, ’70. ($38 Obstruce If any timber or other article which may cause obstruction, tion of public shall be dropped alongside, or in front of any public stelling, stelling by ‘ : timber, etc. any such timber-may be seized. On complaint by H.-M., forfeiture and sale. Fine on owner of vessel from which timber dropped, or owner of timber, not excdg. $24, $39 Throwing If any ballast or the carcase of any dead animal, or any other overboard matter or thing injurious to health, shall be thrown overboard ballast, etc. from any vessel— Fine on master, $100. Any such ballast, carcase, or other matter or thing required to be removed from any vessel, shall be removed and dis- posed of as directed or sanctioned by the H.-M, : 8 40 Megal The H.-M. shall take notice of any encroachment on the bed Siline” _of the river by the erection or extension of any stelling beyond the proper limit which is hereby declared to be low-water mark of spring tides. Any person extending a stelling beyond such limit without the licence in writing of the Gov.— Fine, $100, and payment of expenses of removal by the H.-M, $ 41 Illegally Tf any person shall dig, take, or carry away for any purpose coming away whatever any caddy, shell, or other soil from the bed or banks of harbour, of the harbour below high-water mark without the licence in writing of the Gov.— Fine, not less than $24, nor more than $48, the punt, ‘boat, etc., to be seized, and, if the P. Mag. shall think fit, forfeited and sold; one half proceeds (less expenses) to the H.-M,—apportionable under ord. 5, ’72 by- Rec.-Gen. (p. 181). $42Breachof In case of neglect or refusal on the part of any master of a oo vessel to comply with this ord.— Where not specially provided, fine, not less than $10, nor more than $24. In all cases where the master of a vessel is required by this ord. to do see any act, and such master shall neglect or refuse so to do, the H.-M. is refused to be authorised to have such act done—any expense attending the same to be done by ship- recovered from such master, in addition to, and as, any penalty awarded. master, HOSPITALS. 813 In all cases where sales of property found or seized are authorised by this ord. such sales shall be by public competi- tion, and the H.-M. shall effect such sales without employing a licensed auctioneer. Summary procedure under ords. 19, 56 and 6, 68, Amounts sueable for in the Sup. or Inf. Civil Courts, to be recoverable at the instance of the C. Rec.-Gen. All fines, etc., to be paid into the Colony chest, unless otherwise specified. 8. 46, repeal clause; s. 47, short title. “Vessel every kind and description of navigable craft, whether propelled by sails or by steam, or both, or without either. ‘‘ Master” every person in charge of a vessel. Under s. 30 of ord. 5, 52, Harbour-Master may be required by Health Officer to change the moorings of a ship. Sce ‘‘Boarps or Hzaurs,” p. 140. HOSPITAL. The Public Flospital of Demerara and Esseguebo. There shall be a distinct department for the reception and treatment of seamen belonging to vessels trading to the port of Dem. and paying tonnage duty (unless specially exempted therefrom), and engaged in the Pilot or Lightship service, and of lunatic patients. Every such seaman shall be entitled to all the benefits and advantages of said H., without any charge or expense to him. In all cases where any seaman on board of any such vessel as aforesaid shall be taken ill or meet with any injury requiring medical or surgical aid, the captain, master, or other person in charge of such vessel, shall send such seaman within twelve hours after he shall have been taken ill or have met with such injury, to the said H., unless such seaman shall refuse to be sent, or unless he shall be attended on board by a duly qualified medical practitioner :— Fine in default on captain, master, or other person, not les3 than $10. nor more than $23. j In the event of any seaman dying on board of any vessel lying within the limits of the port of G. from any visible disease which shall have existed more than 24 hours, without having been attended by a duly qualified med. pract.— Captain, master, or person in charge of the vessel to pay fine, not less ORD 22, ’55 S 44 Sales by auction. & 45 Process, ORD 19, 50 § 2 Public hospital. 83. S 4 Seamer taken ill on board of vessel to be sent to hospital, § 5 Seamen dying on board without medical aid, ORD 19, ’50 86. S 20. ORD 21, ’61 84, 59 ORD 22, '39 s1 $ 2 Master’s duty to send seamen on board when sick, Neglect. §$ 3 If any sea- men die on board from disease existing more than 12 hours, 84 ORD 4, ’47 $ 9 Board of visitors. § 10 Inspec- tion by. 814 MAGISTERIAL LAW. than $23, nor more than $48, unless it be shown that such seaman shall have refused to be so sent to the public H. Ord. not to affect quarantine laws. Procedure under ords. 19, ’56 and 5, ’68. Fines payable to Rec.-Gen, Bartica—E ssequebo. Ord. 21, ’61, This hospital has never yet been erected,.. Same as s. 4 of ord. 19, ’50. Fines recoverable by Revenue officer of the river. General Asylum and Hospital in New Amsterdam. Ord. 22, ’39. Seamen of vessels in the Port of Berbice admitted free. In all cases where any seaman on board of any vessel at such time lying in the port aforesaid, shall be taken ill, or meet with any injury requiring medical or surgical aid, it shall be the duty of the captain, master, or other person then in charge of such vessel, to send such seaman as soon as may be, and at all events within four hours after he shall have been taken ill, or have met with such injury, to said H., unless such seaman shall refuse or decline to be so sent there, to be placed under the charge of the med. attendants of the said H., to be treated either as an indoor or outdoor patient, as his case may require :— Fine on captain, master, or other person in charge of vessel, neglect- ing, or refusing, $22. Tn the event of any seaman dying on board of any vessel in the port of Berbice, from any visible disease which shall have existed more than 12 hours— Fine on captain, master, or person in charge of vessel, $50, unless such seaman shall have refused to be so sent to the H. Ord. not to affect quarantine laws. Fines, etc., recoverable summarily before any Court, civil or criminal, having jurisdiction to the amount thereof, and payable to the Ass. Rec.- Gen. for the use of the Colony. There shall be a Board of Visitors for the superintendence of all Hg. in each dist., consisting of the 8. J. P. of such district, and any 2 Js. P. residing therein. Any one or more of the members of such Board may enter any H. within his dist. at any time during the day, to inspect HOSPITALS. 815 such H., its register, and accommodations, and to hear and receive any complaint that may be made by the med. pract. or by any nurse, attendant, or patient. For rest of ord. see Colonist ed. N.B.—This ord. is entered in Mr. Firth’s edn. as ‘‘ obsolete,” but it is generally thought that such is not the case. IMMIGRATION. The Im. Ord. ’76 to be construed as one with the Im. Ord. 73, and the ordinances amending the same; the whole to be cited collectively as ‘‘ The Im. Ords. ’73 to ’76.” Ord. 4, °76 to come into operation from the proclamation thereof. (At the time of going to press this had not yet been done. ae of ords. 64; 5,65; 17,65; 13, ’66; 9, 68; 10, °72; 12, °72. ‘ All img. already introduced into the Colony to have and enjoy all rights, etc., during their existing terms of ind. which they had previous to the taking effect thereof. Ss. 84, 105, 107, 109, 111, and 145 of ord. 7, '73 are hereby repealed, except as to things done under any of the said ss. and as to offences made punishable thereunder committed before this ord. shall come into operation. 8s. 86 and 87 of ord. 7, "73 are hereby repealed, except as to any im. who shall have quitted the pl. whereon he was under ind. and not have returned thereto ; or who shall have deserted therefrom; or who shall have been sentenced to impr. by any Sup. or Inf. Cr. C. before such time ; or who shall be sentenced to impr. by any such Court after this ord. shall come into operation for 4n offence committed by him before such time; and every such im. shall be dealt with, and his ind. may be prolonged or renewed, as if this ord. had not been passed. “J, A. G.”’=any sub-agent of imn. acting under the authority ofthe I. A. G. ‘ Police officer=” rural constable. ‘ Plantation ” =any sugar, cocoa plantain, rice or cotton estate in cultivation, or any two or more estates, if adjacent to each other and managed as one estate, or any other piece of land in cultivation under one management of the extent of at least 5 acres, and any cattle or sheep farm, or any woodcutting establishment. ‘ Em- ployer "=the proprietor or lessee of a pl., or the attorney of such proprietor, and the manager for the time being in charge of such pl. ‘* Manager ’’= the person for the time being having * ORD 22, '39 Ord. not obsolete, ORD 7, '73 § 1a (Ord. 4, 76,3.1). Short title. $ 1b (ord. 4, 76, 8, 2) com- mencement of ordinance. § 2 Repealing clauses, S 2a (ord. 4, 76, 8. 3). S 2b (ord. 76, 8. 4). $ 3 Interpre- tation clause. 816 MAGISTERIAL LAW. ORD 7, '73 the personal charge or superintendence of a pl. and any over- seer acting under his authority. ‘‘ Immigrant” any person introduced into the Colony either wholly or in part at the ex- pense of the Im. Fund, and includes the children of an inden- tured im.; ‘‘Indenture” and ‘‘Indentured’’—a contract of service registered under this ord., and a person subject to such contract respectively. ‘‘ Adult”—an im. of or above 15 years. ‘‘ Minor ’=an im. under 15, and of or above 10 yrs. ‘‘ Infant” ==an im. under 10 years. “Adult,” “Minor,” and “Infant” respectively include an im. of uncertain age who has been estimated by the I. A. G. to be an adult, minor, or infant. 8 4 Forms.* Forms in the Sched. to be used. The J. A. G. (with the approval of the Gov. and C. of P.) may vary or alter same, and frame additional forms, all which shall have the same force as if incorporated herein, after being published in the O. G., and copies thereof shall have been sent by the I. A. G. to all persons required under penalties by this ord. to fill up and use any form for which such form may have been substituted. ‘ a s. with respect to alteration of forms to apply to forms under ord. , 76, s. 64, § 5 Places of The Gov. and C. of P. may proclaim the ports or places from eleva bounty: which imn. on bounty is peetuittel to this Gaiony, and may fix the rate of bounty for indemnifying the person at whose charge any im. may be introduced into this Colony, declaring the no. of weeks necessary for the voyage from such respective ports or places: no rate of bounty to be fixed and no bounty to be allowed for the importation of any im. above 40 years, unless such im. shall be one of a family of ims. arriving in the same vessel: no bounty or passage-money to be paid for any greater no. of ims. imported by any one vessel from Madeira, or from the Azores, Cape de Verd Is., Canary Is., etc., than at the rate of one im. per ton of the vessel; or, from any port in the N. American Continent than at the rate of one adult per ton between 1 April and 30 Sept., and 2 adults for every 3 tons between 1 Oct. and 31 March. Part Il. Immigration Depariment, s6ThaG H.M. may, appoint an I. A. G. for the Colony, who shall be head of the imn. dep. and Sec. to the Gov. for imn. matters, at a salary of not more than £1500 per ann. ~ {Breen It shall be the duty of the I. A. G., subject to the control of es the Gov., once in every 6 months, upon some day of which he * These forms have not been appended, inasmuch as printed copies are always obtainable from the Imn. Office or Gov. Sec. As the forms of-ord, 4, 76 are quite new, nearly all of them have been inserted, IMMIGRATION. 317 shall give previous notice to the manager, to visit every pl. upon which there may be any im. under in., to receive and take cognizance of the complaints of ims., and thereupon to give advice, to conduct investigations, and institute prosecu- tions, as the circumstances may require; to assist the 8. M., if required, in the estimation of wages; to keep the Registers of the imn. dep., and to exercise and perform such other functions and duties in relation to imn. matters as prescribed hereby, or entrusted to him by the Gov. The I. A. G. may at any time enter into and upon any pl. on which ims. may be employed, and inspect the general state and condition and general treatment of the ims., their dwelling- houses and hospital accommodation ; and may inquire into any complaint which the employer may have to make against any im., or, vice versd, or which may be reported to him by the medical officer to the imn. dep., or otherwise be brought to his notice; and may, either before or after such inquiry, lay an information or make a complaint in his own name on behalf of any im. against the employer, or against any other person, before the §. M., or, if necessary, in any other Court having jurisdiction over the offence; and the I. A. G. shall watch the proceedings thereon on behalf of such im., and may, if neces- sary, carry the same for review before any Sup. C. having jurisdiction in the case, and may therein retain counsel, and in all respects act for such im. as if he himself were the principal in the cause, and shall report the proceedings to the Gov. The Gov. to appoint a med. officer to the imn. dep., at a salary of not more than £1000 per ann. The Gov. to appoint medical officers of districts for imn. pur- poses, and assign to each (and change) a district, in accordance with the scheme in Sched. 1, or as altered or varied by the Gov. and C. of P. Salary as voted by the Combined Court; officer to hold office during pleasure of the Gov., and act as the medical officer to the pls. on which there are ims. indentured, and as medical attendant to the hospitals certified hereunder within his district ; and to act under the M. O. to the imn. dep. The M. O. to the dep. shall, at least once in every 6 months, visit every pl. upon which ims. are indentured, and shall on every such visit inspect the condition of the hospital, and of the dwellings of ims., and shall ascertain whether this ord. in that behalf has been duly complied with, and shall every half year make report to the I. A. G, thereon, and on the perform- ance of their duties hereunder by the dist, M. Os., and shall, at any time when specially required by the I. A. G., visit any pl, for the purpose of investigating ; and shall, after such visit, or after any regular visit to a pl., report specially upon any matter of sanitary condition required by the I, A. G. 22 ORD 7, "73 8 8 Powers of the I, A. G. S 9 Chief medical officer, $ 10 District medical officerr, $11 Duties of. 318 MAGISTERIAL LAW. ORD 7, '73 S$12subom. Lhe Gov. to appoint sub-agents of imn., clerks, interpreters, sere theimn, or other officers, at salaries assigned by the Combined Court. #15 wa The I. A. G. shall, subject to the control of the Gov., have expenses of the, 2Uthority over the several sub-agents, clerks, interpreters, and imo. dep. other persons employed in his office, and shall assign to each his duties; and may delegate to a sub-agent the exercise or performance of any of his functions or duties, but without diminution of his own responsibility; and may, when conducting any investigation on a pl., require the presence and assistance of the d. m. o., and may also employ such persons as he may deem necessary as interpreters or judges of work, and may award any such person for his services a sum not excdg. $5 per diem ; and all travelling and other expenses so incurred by the I. A. G., or by a sub-agent, or by the m. o. of the dep., in the discharge of their respective duties, attested by proper vouchers, shall be paid (s. 19). , $14 Obstruct- Every person who shall molest, hinder, or oppose the I. A. G., ing ouicer: or any m. 0. appointed hereunder, in the due execution of his duty, or in the exercise of any of the powers or authorities con- ferred upon him hereby ;—misd. :— Inf. Court—fine, not excdg. $96, or impr., with or without h. 1, not excdg. 6 months, or both. (Sees. 107 m.) SS 15-18 Im- Power for the Gov. to appoint an Immigration Agent at a Uyisration agents, salary voted by the Combined Court: and (s. 16) subordinate ‘ officers: s. 17 relates to the expenses of the immigration depart- FISGAL PRO- ment: s. 18 provides that all officers are to hold during VISIONS. pleasure. $19 Expenses The cost of the imn. dep., including salaries of the imn. office of tan. dep. and m. officers, and all expenses incurred, but not the salaries of imn. agents, etc., to be defrayed out of the general revenue. $ 20 Charges The imn. fund shall be debited with the whole annual cost of fen etn imn, (exclusive of charges defrayed out of the general revenue under s. 19), including the salaries of the imn. agents, and their subordinates, and expenses; the expenses of the introduction of ims., the depét, and back passages for ims. entitled thereto free. And such fund shall be credited with all sums of money paid by the employers of ims. for ind. fees, and with the subsidy annually appropriated thereto by the Combined Court, such subsidy to be calculated on the basis of a capitation sum not excdg. $10 for every statute adult im. introduced within the preceding fin. year. ; ub 2i Debi to ‘The Ree. Gen. shall recover by summary or parate execution : all debts due to the Imn. Fund; and in respect to money due and prom. notes payable to the Imn. Fund on account. of any ims. indentured on a pl., have a preferent lien on such pl. over and above all liens, claims, charges and mortgages, legal and IMMIGRATION. 319 ORD 7, '73 conventional, except liens and preferent rights of the Crown, and any allowed or created by any ords. In the case of pls. under lease, where the consent of the lessor has not been given to the lessee’s application for the ims. in respect of whom such preferent lien is claimed, the pl. shall not be subject thereto, except to the extent of the interest of the lessees in his lease. In case any pl. in respect to which prom. notes shall have eae been given by any employer hereunder shall be sold by private forimn. ex- contract, or at execution sale, or by the Adm, G., or shall P™* devolve by inheritance, devise, or otherwise, the preferent lien thereon shall continue, notwithstanding. The purchaser to deliver to the Rec.-Gen. in lieu of any such ee prom, note, which may be outstanding, a new one payable at ; the same date, with interest; on neglect, or refusal, on demand, the whole of such outstdg. prom. notes shall immediately become payable in cash, and be forthwith recoverable by summary execution against such pl. In any proceedings for the recovery of any prom. notes ,»&%4 Manner given, or any money payable to the Imn. Fund, in respect of caim. any im, allotted to or indentured on a pl., it shall not be necessary to show that the person who signed such prom. notes on allotment, or to whom such im. was duly allotted or in- dentured, was the employer or other person entitled hereunder to have such im. all. or ind. to him in respect of the pl. sued, but only to show that such im. was duly all. or ind. Money received in respect of imn. by the Rec.-Gen., either 4,825 Order of from the I. A. G. or otherwise, to which any employer shall from immigra- be entitled, by whom any still outstdg. prom. notes may have “4. been given hereunder, shall be applied to the payment of such _Part Iv. notes, whether due or not, with interest and the balance paid oe to the employer. ' : Every employer desirous of obtaining allotments of ims. ,,826 Applica shall on or before 1 March, or other day fixed by the Gov., grants, send in to the I. A. G. an application in writing specifying the number of ims. of each nationality required, and the name and situation of the pl. to which he wishes such ims. to be assigned, and the name of the proprietor or lessee of such pl.; and the I. A. G, shall register the same. (Shed. 8.) Applications by or on the part of any lessee to be accom- 8 27 Consent panied by the consent in writing of the proprietor, or in default Sin teamin. thereof proof to the satisfaction of the I. A. G. that he ig tion by lessee. prepared to pay in cash on allotment the full amount of ind. , fees. If any such application shall be made by or on the part of _ S28 When the proprietor of an estate under mortgage, and the mortgagee joss tenn. or his representative shall object in writing to such application tion by mort being complied with, the I, A. G, shall refuse such application, “*" ORD 7, '73 § 29 Sub- sistence of ap- plication. $ 80 Applica- tion by Gov, officer, S 31 Power of refusal by I. A. G. § 32 List sub- mitted to Gover- nor, etc, $ 33 Duties of A. G, on artival of im- migrant ship. S 84 Disposal of sick on arrival, 820 MAGISTERIAL LAW. unless such proprietor shall satisfy him that he is prepared to pay in cash on allotment the full amount of ind. fees, No application shall be rendered invalid, or in any way affected, by reason of the death, insolvency, or absence of the employer by whom such application was made, or by reason of. the sale by private contract or at execution sale by the Adm. G. of the pl. in respect to which such application has been made, and no application, duly made, may be withdrawn with- out the permission of the I. A. G. The head of any department of the public service may, with the sanction of the Gov., apply for the allotment of such ims, as shall be required therefor in his dep., and shall be considered as the employer thereof. Ord. not to interfere with the power of the I. A. G., subject to the control of the Gov., to refuse any application for ims. in ease he shall see reasonable ground for such refusal, but every such refusal and the grounds thereof shall be communicated to the employer, upon the receipt of his application, or so soon thereafter as possible, and also to the Gov. When the applications for ims. have been completed a list of such applications shall be submitted by the I. A. G. to the Gov., and the question how far they can be complied with shall thereupon be determined by the Gov. and C. of P. On the arrival in the port of G. of any ship having ims. on board, the I. A. G., assisted by the M. O. of the dep., or, in his absence or inability to act, by the H. O. of the port, shall inspect the ship and ims., and ascertain whether the provisions of 16 and 17 Vict., c. 84, and 18 and 19 Vict., c. 104 tithe Chinese Passengers Act), and 18 and 19 Vict., c. 119 (The Passengers Act, 1855, see “ Passenczrs”’), and of any other statute in that behalf now or hereafter to be in force, so far as applicable, have been complied with ; and shall report to the Gov. the condition of such ship and ims., and shall transmit with such report the Surgeon Sup.’s return of deaths and births, and certificate of performance by the owners of the covenants and conditions of the charter-party, and also a certi- ficate of the amount due for freight to such owners, and shall likewise require and transmit the report of the M. O. who shall have assisted him in the inspection. The I. A. G. shall, with the assistance of the M. O. of the dep., or, in his absence or inability to act, of the H. O. of the port, and of the Surgeon Sup. of the ship, examine the sick, if any, among the ims. on board, and shall cause such of them as may require it, to be sent to the Col. Hosp., with a list, signed by the M. O. or by the H. O., and by the Surg. Sup., stating the name, no., sex, age, disease, and length of time under treatment, of each im. so sent, IMMIGRATION. 321 Every im. on arrival shall be provided with food and lodging in the Imn. depét until he be provided with the means of earning his subsistence. Allotment shall first be made to the head of any public dep., and afterwards to the several employers, as the I. A. G. shall determine, and in such order as the Gov. shall direct. But husbands shall not be separated from their wives, or minors and infants from their parents and natural guardians, and so far as may be possible, members of the same family and neighbours from the same village and persons who may agree in representing themselves to be friends and associates, shall not be separated from each other. The ind. fee in respect of each adult im. shall be $50 (or other sum fixed by the C. of P.); in respect of each minor im. shall be one half that of an adult; any public dep. shall pay the same as any private employer. In any allotment the I. A. G. shall, with the assistance of the M. O., or, in his absence or inability to act, of the H. 0., distinguish every im. not able-bodied and not capable of per- forming service as an agricultural labourer [and the ind. fee to be reduced proportionately or remitted as the I. A. G. may think proper]. On the completion of every allotment or other disposition of ims. on introduction, the I. A. G. shall register every im. in- cluded in such allotment or disposition in the gen. register of ims. introduced (sched. 4), distinguishing adults, minors, and infants, and numbering therein each by a particular number regularly, commencing from the last no. on such register, and shall deliver to the employer or his representative an ind. list signed by all the adult and minor ims. allotted to him (sched. 8), and shall transmit to the Rec.-Gen. a return showing the no. of ims. included in such allotment, and the sums payable by way of ind. fee, in respect thereof, and shall deliver to every adult or minor im, a certificate of ind. (sched. 9), and every such employer and im. shall thereupon be bound by such ind. Unless the Gov. shall specially require the ind. fees on any allotment to be paid in cash, payment thereof shall be made in the following manner :—One-tenth in cash forthwith, and for the balance 5 prom. notes dated the day of the arrival of the ship—(1) for one-tenth of such ind. fees, payable with int. at 6 p. c. per ann. at the end of one year from date; (2-5) for one-fifth thereof, payable with int. at the same rate, one at the end of each of the 4 years then next. If the employer shall neglect or refuse to pay within 6 days after his account shall have been rendered to him by the Rec.-Gen., either wholly in cash, or (as above), the amount of his fees, the whole ghall ORD 7, '73 §$ 35 Board and lodging of ims, on arrival, § 36 Order of allotment, § 37 Allot- ment of fami- lies. § 38 The in- denture fee, & 39 Ditto, where im. not able-bodied. _ 8 40 Mode of indenture, 8 41 Mode of payment, Refusal to comply with. 822 MAGISTERIAL LAW ORD 7, '73 Grier thereupon become payable in cash. On any allotment made gages, or lesses, 0 an employer in respect of any held by him as a mortgagor, objeots: to which the mortgagee shall have objected in writing, or as a lessee for a term of which less than 5 years are unexpired, the ind. fees shall be paid in cash. § 42 Default If any employer allottee shall not take away the ims. within ur up rens 4 days after the delivery of his ind. list, he shall pay to the from depot. imm. fund at the rate of 20c. for every adult im. and 10c. for every minor im., for every day that such im. shall remain in the depot. $43 Publica. The I. A. G. shall, as soon as possible after 1 July, publish tien of listsof in the O. G. a list of all ships which have arrived with ims., and oe ty. of the allotments and distribution of such ims, during the pre- INDENTURES ceding season. Be ee If any im. be introduced under a previous contract entered into with any em. a., etc., in the country from which he emi- const Previous grated, or with any employer or his agent, such contract shall of on indentures. be valid as against the Colony or employer, and in so far as the right of such im. shall exceed, or vary from, those rights which he would have enjoyed under this ord. if he had not entered into such contract, he shall be entitled to the benefit of such contract. No statement of wages agreed upon in any contract between an im. and the recruiter, registered before any Mag. in India previous to 24 June, '72, shall be a contract for the payment of such wages. $45 Previous No previous contract, except by previous permission of H. contract, when Mf.’s Govt., with an im. from India, Africa, Madagascar, or any other island adjacent to the Afr. Cont. and inhabited by the negro race, shall be valid against the im. $ 46 When Every previous contract with any im. from any other British valid, possession in the W. L, or the N. Amer. Gont., shall be valid against such im.: if signed by him, if within H. M.’s dominions in the presence of a J. P. residing where such contract was entered into; and if in the dominions of a foreign power, in the presence of a consul or other consular officer appointed by H. M. and acting therein ; and if such J. P. or consular officer shall certify that such signature of the im. so contracting was voluntarily made, and the contents of such contract were fully explained to, and, to the best of such certificant’s belief, were fully understood by such im. The signature purporting to be that of such J. P. or consular officer, shall be admitted in evi- dence of such contract without further proof. 88 47, 48 The inds. of ims. arriving from H. M.’s dominions in the E. I., Term of in. | or being liberated Africans, shall be for the term of 5 years from the date of allotment, In the absence of any previous wit contract out of the Colony, the Inds. of Ims. arriving from the N. Amer, Cont., or Cape de Verd Is., or any British possessign IMMIGRATION. 823 in the W. L., shall be for 3 years; and the ind. of ims. arriving from Madeira, or the Azores, or Canary Is., shall be for 2 ears. ’ e Upon the ind. of an im. introduced under any previous con- tract, a copy thereof shall be preserved in the imn. office, and other copies shall be appended to the certificate of ind. given to such im. and to the ind. list given to the employer; and the inds. shall be subject to such contract so far as enforceable hereunder. See ss. 44-46. No minor, or infant, im. shall be bound by any previous con- tract. No infant im. shall be indentured, or shall be compelled to perform any service whatever, upon any pl. Every minor, or infant, im. residing on a pl. and every im, indentured as other than an able-bodied im., shall be entitled to the same rights, etc., as able-bodied ims. under ind. hereunder. Minor ims. shall not be indentured to any employer who shall not previously have made provision to the satisfaction of the Gov. for the instruction of such minor ims, in reading, writing, and the elements of arithmetic ; and the I. A. G. shall every year furnish to the Board of Education a list of the schools at which the instruction of indentured minor ims. is provided for by their employers, with the names of the pupils who are to attend such schools, and of the pls. on which they are respectively indentured ; and in each such school the Insp. of schools shall especially inquire into the attendance and pro- gress of such pupils, and report upon the same in his annual report to the Gov. and C. of P., and copies of such parts of each report as shall specially relate to the education of such 7 pupils shall be transmitted by the Insp. to the I. A. G. If within 8 months from allotment any indentured im, shall die, or shall appear to have any such disease or other disability as may render him permanently unable to perform service under ind., and if the employer shall send to the I. A. G. a certificate of the death, disease, or disability, of such im., under the hand of the district M. O., the I. A. G. may declare the ind. void; and the ind. fee shall thereupon be re-payable to the employer out of the imn. fund. Every im. indentured for 5-years on introduction, shall be furnished by his employer with a livret, or book of work, with (a) A receptacle for the safe keeping of his certificate of ind., or other papers :—() Such popular statement of his obligations and rights, legibly printed in his own vernacular tongue, as shall be put forth by the I. A. G. with the approval of the Gov. ; but such statement shall not contravene this ord., or operate by way of contract :—(¢) 3640 blank squares or spaces, arranged as in sched. 2, or sanctioned by the I. A, G. Every im. shall be required to present his livret to the manager weekly, on pay day, to be made up, and thereupon ORD 7, '73 § 49 Effect of previous con- tract on ind, § 50 On minors and infants, $51 Rights of minor, infant, etc., immigrants. $ 52 Schooling of indentured minor immi- grants, Inspector of schools, Part VI. DETERMINA- TION AND 'RANSFER OF INDENTURES. $ 53 Death, etc., of im. within 3 months of allotment, § 54 Livrets. tae 7 be produced on pay- day, z ORD 7, '73 _§ 56 Loss of livret. § 57 Termina- tion of indenture by livret work. $58 Procedure in disputes as to ivrets. $59 Computa- tion of commuta- tion money. S$ 60 Commu- tation by hus- bond or wife. Advance by employer. S 61 Commu- tation by mother. Custody of children, 824 MAGISTERIAL LAW. the manager shall draw a line through, or otherwise cancel, one of the spaces for every 10c. which the im. shall have earned since his last presentation of the same, and shall carry over any sum less than 10c., and enter the same on the next succeeding blank space, and insert in such space the date of payment, and on the next presentation of such livret he shall add the said balance to the sum then earned, and proceed as before, and shall return the livret so made up to the im. at latest on the next day but one before the next weekly pay-day. If an ind. im. lose his livret, the employer shall furnish him with another, upon payment of $2, and shall fully make up such new livret to the current date by the cancelling of so many spaces as shall correspond to the earnings of such im. since the date of his ind. So soon as all the spaces in the livret shall have been signed, or become due for signature, the ind. of the im. holding it shall absolutely cease. In case of any dispute in respect of entries made, or omitted to be made, in the livret between an employer and his ind. im., the party aggrieved may lay a complaint before the 8. M., who shall have power to determine the matter in dispute and to make such order (without appeal) as to him shall seem just, and shall direct by whom and in what proportion the costs shall be paid. The commutation money payable hereunder on determination or transfer of the ind. of any im. on introduction, shall be calculated at the rate, for every year or portion of the year re- maining unexpired of such ind., of one-fifth of the ind. fee with int. at 6 p. c. per ann. since the commencement of the ind. ; such com. money to be paid into the imn. fund, and thereout to the employer. Any im, under ind. who shall be married to a wife or husband indentured on any other pl., shall be entitled upon giving 8 months’ notice to the employer to determine his or her own ind. on payment of the commutation money ; and if the employer of such wife or husband shall, by the request of the commuting im., advance the commutation money, the commuting im. may be re-indentured to such employer for a period equal to the unexpired remainder of the ind. so commuted. On termination of the ind. of any female im., whether by expiration in due course, by commutation, or otherwise, she shall be entitled to remove with her from the pl. her minor and infant children, on payment of the com. money for any such minor under ind., for which the employer shall have paid any ind. fee, or bounty; and if on such removal to become inden- tured to a new employer, such employer shall advance by her request the-com. money of any such minor im., the piney em IMMIGRATION. 825 be re-indentured to him for the unexpired remainder of the ind. so commuted. Upon information laid before any 8. M. by the manager of a pl., or by a female Indian im., or any other person on her behalf, that the husband of such female im., or her betrothed or reputed husband according to the custom of the country, or any Indian im. with whom she may cohabit or may have cohabited, did unlawfully threaten to murder, wound, beat, or ill-treat, her, and that from any such threats she apprehends, or has reason to apprehend, any bodily harm or injury, such Mag. shall forth- with issue his warrant for the apprehension of the im. alleged to have used such threats, and any im. using such threats shall be guilty of an offence :— Inpr., with or without h, 1, not excdg. 1 month, And upon such information, whether the im. accused shall be convicted or otherwise, if it shall appear that any threats used by such im. were occasioned by jealousy, in regard to such female im., of any other person employed on the pl., the Mag. may, in his discretion, make order for the removal from the pl. of any such person being an indentured im. or of any such female im. threatened, or of any im. using such threats, who may be indentured to such pl. ; and may direct any im., so ordered to be removed, to be detained in custody until his transfer to some other pl.; and the Mag. shall forward a copy of any such proceedings to the I. A. G., who may permit any such im. to commute, or may transfer him to any other employer willing to accept his services and to pay the commutation money. If it shall appear to the Gov., on sufficient ground to his satisfaction, that all or any of the ims. indentured on any pl. should be removed therefrom, he may transfer the inds. of such ims. for the remainder of their respective terms of service to any other employer willing to accept their services, and to pay the commutation money. Every lessee of a pl., whose term of lease shall expire before the termination of the ind. of any im. indentured to him on such pl., shall be entitled to have such im. transferred for the unexpired remainder of his term of service to any employer, approved of by the I. A. G., willing to accept his services, and to pay the commutation money: the first option of having such transfer made to him shall lie with the lessor of the pl In the event of any pl., on which an im. may be under ind. being sold, either by private contract or at execution sale, or by the Adm.-Gen., or being leased, or devolving by inheritance, devise, or otherwise, such im. shall render the same service to the purchaser, lessee, devisee, heir, or other new employer, his ORD 7, 73 8 62 Transfer of Indian threat- ening his wife. Warrant. Removal, Report. § 63 Power for the Governor to Temove all the ims, from a pl. 8 64 Transfer on termination of lease of pl. § 65 Pl. changing hands -—effect of on indentures, ORD 7, '73 5 66 Voluntary and temporary, transfer by employer. 8 67 Deter- Mnination for employer's mis- conduct, 8 68 No in- dependent agree- ments allowed, Duties of I. A. G, on transfer, etc. 8 68a (ord. 4, ’76, 8, 5) Dura- tion of indenture generally. § 68b (ord. 4, 76, 8, 6) Dura- tion of existing indentures. 3826 MAGISTERIAL LAW. heirs, exs., ads., or ass., and for the same term, as he would have been bound to render to his original employer. The I. A. G. may, at the joint request of any employer and his ind. im., allow the ind. of such im. to be determined 5 and may, at the request of any employer, allow all’ or any of the im. ind. to him on any pl. to be removed to any other pl. in his possession or under his management, and may allow each im. to be temporarily transferred for any term not excdg. 12 months to any pl., the owner of which shall be willing to aceept his services; and, during such term, such ims. shall be deemed to be indentured to such other employer. No such determination, removal, or transfer shall, in any wise, affect any lien of the Colony upon the original pl., or the pecuniary liability of any employer to the imn. fund. Upon report by any 8. M. of a conviction of any employer by him hereunder for ill-usage of his indentured im., or the unlawful withholding of wages, the Gov. shall have power to declare the ind. of such im. determined, and may thereupon direct the I A. G. to re-ind. such im. for the remainder of his term of service to any other employer willing to accept his services, and such other employer shall pay to the imn. fund, by way of ind. fee, the sum which would have been paid by such im. if he had commuted, and such sum shall be paid thereout to the former employer if the Gov. shall so order. Except as herein provided, no ind. shall be determined or transferred either by agreement between the employer and im., or otherwise. The I, A. G. shall record every determination or transfer, other than a temporary transfer, in the general register of ims. introduced, and shall deliver to the employer to whom any im. is transferred a new ind. list, and to the im. transferred a new certificate of ind., and such employer and im. shall there- upon be bound by such ind. accordingly. The ind. of an im. shall not determine by efflux of time, unless the im, shall have fulfilled the legal obligations imposed on him by such ind. Every ind. of an im., although it may purport to be for a fixed period of time, is hereby declared to be for a term of actual service equal in duration to the period of time for which the im. shall have become bound to serve under the ind., and every such ind. shall continue in force until the im. shall have performed service thereunder for such term, except in those cases in which the ind. shall have been pre- viously determined in consequence of the im. having possessed or been entitled to a livret in which all the spaces shall have been signed or become due for signature. Every im. who shall be under an ind. when this ord. shall come into operation, or who shall be then liable to have his ind. prolonged or renewed, shall be bound to perform service IMMIGRATION. 327 under such ind. for a term equal in duration to the period of time for which the ind. shall then remain unexpired, or for which the ind. shall have been or shall be lawfully prolonged or renewed, and the ind. of every such im. shall determine when the im. shall have performed such service. In reckoning the term of service of any im. under ind. for the purpose of ascertaining the time when such ind. determines, all periods of time shall be excluded during which such im, shall have been absent from his work for any of the following causes : (1) Impr., provided that impr. shall not for the purpose of this s. include detention in respect of any trial which results in the acquittal or discharge of the prisoner, whether from want of prosecution or from any other cause; (2) Desertion; (3) Absence from work without lawful excuse. No im. under ind. shall be deemed to have been absent from his work within the meaning of this s. on account of any desertion, or absence from work, without lawful excuse, wnless such im. shall have been duly convicted of such desertion, or shall have been duly adjudged to have been absent from his work without lawful excuse. This s, shall not apply to any impr., desertion, or absence from work without lawful excuse, which may have commenced or occurred before this ord. shall come into opera- tion; Or, to any impr. to which such im. shall be sentenced after this ord. shall come into operation for any crime or offence committed before such time; Or, to any impr., desertion, or absence from work without lawful excuse, which shall not be duly recorded in the Register of Defaulters (s. 158a). The I. A. G., with the written sanction of the Gov., may at any time determine the ind. of an im. on repaying to the employer of such im, the commutation money: Provided that the I. A. G., with the like sanction, may ind. the im. to any other employer willing to accept his services, for a term equal to the period of time of the previous ind. remaining unexpired at the time of its determination. ‘Whenever any ind. shall be so determined by the I. A. G. he shall give a certificate thereof to the employer and to the im. (Form 1), and such certificate, signed by the I. A. G., shall be received in all Courts as conclusive proof that the ind. therein mentioned was duly determined at the time therein specified. Im. Dep. B. G. I,...1,A.G., do hereby certify that, with the written sanction of the Gov., Ihave this .., day of .. . 18. . determined the ind. bearing date the... dayof...18..ofthe...im.... (fe) male.. years on arrival, no... .ex...18.. late under ind, of service on pl... , in the county of .,, As witness my hand this,., day of ...18., (GC. D.), L A, G, ORD 7, "73 S 680 (ord. 4, ’76, 8. 7) Rule for reckoning term of service under indenture. Desertion, etc, only to count after conviction. Sec. not retro- spective, Forms to count must be re- corded. § 68d (ord. 4, ’76, 8. 8) How I, A. G. may determine ind, Re-indenture. 5 68e (ord, 4, 76, 8, 9) On de- terminatiom cer- tificate to be given, FORM L,8 9. Certificate that ind. has been determined. ORD 7, '73; Part Vil.’ RE-INDEN- TURES. S 69 Certifi- cate of exemp- tion from labour. ~$ 70 Delivery of certificates, exemption from labour. § 71 Endorse- ment of provi- sional certificate. S 72 Contract of service under indenture. § 73 Attesta- tion of immi- grant’s contracts by Mag. 328 MAGISTERIAL LAW. Every im. who may have completed, or who shall hereafter complete, any term of service under ind., whether entered upon before, or after, 1 July, ’78, or whose ind. may have been duly determined, or may hereafter be determined, under this ord., shall be entitled to receive from the I. A. G., free of charge, a certificate of exemption from labour (sched. 10), and the I. A. G. shall register every such certificate in the Gen. Register of certs. of exemption fr. 1. (sched. 6), and any certificate of industrial service heretofore granted to, and remaining in the possession of, the im. shall in all respects have the force of such cert. of exemp. fr. 1. under this ord., and shall be ex- changeable for such cert. (See, as to duplicates, s, 155; unlawful use, s. 156; and forgery, etc., s. 157.) The manager of every pl. about to be officially visited by the I. A. G. shall give previous notice of every such intended official visit to the ims. on such pl., and shall on every such visit produce before the I. A. G. every im. who shall, since the last of such visits, have completed his term of service under ind., or who will in the course of time within 6 months there- after complete the same, and the I. A. G. shall deliver to every such im. a cert. of exemp. fr. 1., and shall if necessary endorse such cert. with the word “ provisional,” and with the date at which such will in the course of time become due. So soon as any provisional cert. of exemp. fr. 1. shall, either in the course of time, or otherwise, have become due, the im. may call upon his employer to endorse the same. Fine, on any employer refusing or neglecting, not excdg. $10, and, in addition, payment to the im. of an accumulating fine of 24c. for every day of such default. As to endorsement by employer, other than manager of pl. to which im. is indentured, see s. 158, Every employer may enter into a contract of service under ind. (sched. 11) with any adult im. possessing a cert. of exemp. fr. 1, then due, provided such contract shall be specified to be for service on any pl. on which such employer shall at the time have ims. indentured to him, or in regard to which his applica- tion for an allotment shall not have been refused, or which shall have been surveyed and approved in that behalf by the I. A. G.; and every such contract may be for any term not exedg. 5 yrs. from the date thereof. Power for the Gov. and C. of P. by: resolution to fix any less term as the maximwn term for which such ind. may be entered into. No contract of service shall be valid against the im. party thereto, unless signed by such im. in the presence of, and duly certified by, the 8. M. (sched. 11), who shall certify that such signature or mark was made voluntarily by such im., and that the contents of such contract had been fully explained to, and were, to the best of such 8. M.’s belief, understood by such IMMIGRATION. 829 im., and that the bounty (s. 78) was paid to such int, in his presence: Provided always that every im., on entering into a contract of service, shall produce to the 5S. M. his cert, of exemp. fr. l., and that, if such cert. be endorsed “provisional,” the Mag. shall ascertain, before ceftifying the contract, that the cert. has been duly endorsed by the last employer of such im., or is fully due notwdg. the absence of such endorsement, and the Mag. shall thereupon deliver the contract of service, so certified as aforesaid, to the employer, and shall transmit such cert. of exemp. fr. 1, endorsed under his signature, with the date of such contract, and the name of the pl. in which such service is to be performed, to the I. A. G. Every im. who shall enter into a contract of service under ind. shall, until he can be re-indentured in pursuance thereof as herein provided, be subject in all respects hereto as if he were under ind., and shall have the same rights, privileges, and immunities, and be subject to the same penalties as an inden- tured im. ; _ Upon the execution of any contract of service the employer shall become liable to the imn. fund in the amount of such con- tract duty at the rate of $12 per ann., or such other rate as shall be fixed from time to time by resolution of the C. of P. as long as such contract remains in force. The manager of every pl. officially visited by the I. A. G. shall produce before the I. A. G. at every such visit any im. who may since the last of such visits have entered into a con- tract of service under ind. on such pl., and shall deliver to the I, A. G. the contract of service; and if he is satisfied hat such contract is valid and subsisting, he shall register such im. and the duration of his ind. in the general register of ims. in- dentured under contracts (sched. 7), and shall deliver to the employer an ind. list of all the ims. so registered (sched. 12), and to each of such ims., whose ind. shall expire before the next visit of the I. A. G., a new cert. of exemp. fr. 1. (sched. 10), endorsed with the word ‘ provisional,” and with the date at which cert. will fall due, and to every other such other im. a cert, of ind. (sched. 9), and every such employer and im, shall be bound by such ind. No provisional cert. of exemp. fr. 1. shall be granted by the: I. A. G, to any im. who will not in the course of time complete his term of service under such ind. within 1 month thereafter, anything in ss. 70 and 76 of ord. 7, ’73 to the contrary notwdg., and the provisions of the said ss. 70 and 76 shall not apply to official visits made to a pl. by the J, A. G. or Sub-I. A. for the purpose only of inquiring into any report that may have been lodged by the employer with respect to any of the ims. indentured thereon, or into any dispute as to work or wages, ORD 7, '73 S 74 Status of contracting im- migrant pending re-indenture, $ 75 Contract duty, 76 Official visits, Register. § 76a, (ord, 4, "76, 8. 62) Pro- visional certifi- cates of exemp- tion from labour. Official visita, ORD 7, 73 & 76b (ord. 12, 73, 8. 2) All in- dentures re- gistered before 30 dune, 73, to be deemed in- dentures, etc., under ord. 7, 7% § 77 Indenture of minor ims. re- siding on a pk 8 78 Bounty on re-indenture, $ 79 Computa- tion of commuta- tion money on re-indenture, S 80 Com- rautation of re- indenture, $ 81 Invest- ment of bounty on indenture of minor immi- grants. § 82 Other hirings of free immigrants, 330: MAGISTERIAL LAW. All indentures, re-indentures, or contracts of serviee entered into on or before the 30 June, ’73, and recorded im any of the registers under ords. 4, 64 and 13, ’66, shall be deemed to be registered under ord. 7, 78. Every infant im. who shall attain the age of 10 years while residing on a pl., and every minor im. whose ind. shall expire before he attains the age of 15 years, may at the next visit of the I. A. G. to the pl. be indentured to the employer on whose pl. he is residing, and every such ind. may be for any term not excdg. 5 years from the date thereof, provided that the Gov. and C. of P. may by resolution from time to time fix any less term as the maximum term for which such ind. may be entered into. The I. A. G. shall register such im. and the duration of his ind. in the register of minor ims. indentured on pls. (sched. 5), and shall deliver the proper ind. list and cert. of ind. or pro- visional cert. of exemp. fr. 1. to the employer and im. respec- tively, and such employer and im. shall thereupon be bound by such ind. accordingly. The bounty payable by the employer in respect of any im, indentured on a pl., shall be not less than at the rate of $10 for every year, or at a proportionate rate for any fraction of a year, of such ind., or such other minimum rate as shall from time to time be fixed by resolution of the C. of P.: Provided that in the ease of every im. so indentured who shall in the opinion of the I. A. G. be other than an able-bodied im., and in the ease of every minor im. the minimum rate of the bounty shall be one- half of that which would have been payable if such im. had been able-bodied or adult respectively. The commutation money payable under this ord. on deter- mination or transfer of an ind. entered into on a pl. shall be such part of the amount of the bounty which shall have ee paid by the employer in respect of such ind. as shall be propor- tionate to the unexpired remainder of such ind. with int. at 6 p. c. p. ann. since the commutation of such ind. Every im. who shall have entered into an ind. on a pl. for a period of more than 1 year shall after the expiration of the first 9 months be entitled upon giving 3 months’ notice to his em- ployer to determine his ind. on payment of the commutation money. 4 Of any bounty paid by the employer upon the ind. of a minor im., only such portion as the I. A. G. shall permit may be made to the parents or natural guardians of such im., and the balance shall be invested in the Savings’ Bank or otherwise secured to the satisfaction of the I. A. G. for the benefit of such minor im. until his attaining 15 years. Except as in this ord. provided, with regard of re-inds. and contracts of service under ind., the hirings, whether verbal or in IMMIGRATION. 331 writing, of all ims, possessed of or entitled to a cert. of exemp. fr. 1., shall be subject to any ord. now or hereafter to be in force regulating the hirings of servants in husbandry and other labourers not ims. within the meaning of this ord. Except as aforesaid, no contract of any such im. shall be taken to be an ind. within this ord. Except as aforesaid, no hiring or contract .for service of any such im. shall be taken to be a contract for more than 1 month certain from the time of entering into service, any express, or implied, agreement to that effect notwdg. Every indentured im. who shall have earned wages at the rate of at least $1 50c. per week during 2 consecutive weeks shall be entitled to leave of absence from the pl. at the rate of 1 day and night for every such undivided period of 2 weeks, and every employer shall at the request of such im. furnish him with a free pass accordingly good for as many days as he may require and be entitled to have leave of absence for: Provided that no im. shall be entitled to leave of absence, and no employer, except for special cause to be stated in such pass, shall be entitled to give leave to any indentured im., for more than 7 days at any one time, or for more than 26 days in any one year; and no pass, extended for special cause, shall be given for more than 26 days at any one time, or more than once to the same im. in any one year. very employer refusing a pass to which any im. is entitled, Or giving a pass in excess of the limits allowed in this ord., Or stating in any pass, extended as aforesaid, a false, frivolous, or pretended cause for such extension :— At the complaint of the I. A. G., fine, not excdg. $24. If any im. under ind. shall, without leave, absent himself for 7 days from the pl. he shall be taken to be a deserter from such pl.; and the manager shall thereupon proceed to lay an information or make a com- plaint against him in that behalf before the 8, M. and to apply for a warrant for his apprehension; and such warrant shall be granted free of cost, and shall be directed to all members of the police force or con- stables; and a copy of such warrant shall be forwarded by the Mag. to the Insp.-Gen. of P., and any copy thereof certified under the hand of the Insp.-Gen. shall be executable in the same manner as the original warrant ; and every manager failing to lay such information before the 8. M. within three days after any such im, shall have become a deserter :— At the complaint of the I. A. G., fine, not excdg. $24, and, in addition, an absolute accumulating fine of 24c. for every day of default, If any im. under ind. shall, without leave, absent himself for 7 days from the pl. whereon he is under ind. he shall be taken to be a deserter from such pl.; and the manager shall thereupon proceed to prefer a charge against him in that behalf before tha 8. M. of the dist. and to apply for a warrant for hig apprehen- sion—-to be granted free of cost, and directed to all members of the police force or constables. A copy of such warrant shall be forwarded by the Mag. to the Insp.-Gen. of P. within 7 days ORD 7, '73 under ord. 2, ’53 ; see “‘ Employers and Servants,” Part VIIL DESERTION AND LEAVE. S$ 83 Leave of absence, S 84 Deserter defined (repealed, 4€e 8, 2a). Warrant, Failure to report desertion, * § 84a (ord 4, "76, s. 10) “ De- serters” defined, FORM 3, 88 10, 13 ORD 7, 73 Warrant to apprehend a deserter, $ 85 Manager’s register of deser- tions, '76, 8. 11) Charge $ 85a, (ord. 4, against deserter must be pre- ferred within 14 days,— Penalty on manager in di lefault, 8 86, Desertion, of Prolongation term, * 832 MAGISTERIAL LAW. from the day on which such charge is made, and any copy thereof certified under the hand of the Insp.-Gen. of P. shall be executable in the same manner as the original warrant. To all members of the p. f. and constables in the Col. of B. G. No. , of the year Whereas an information and charge in writing hath this day been laid before me the undersigned . . . , Esq., one of H. M.’s 8, Js. P. in and for the Col. of B. G., at... , within the .. . Judicial dist. in the County of ..., in the said Colony, by ... Man. of Pl., in the said J. dist. on oath, for that the im... . (fe)male, +». years on arrival No. —, ex... 18—,... in height... bodily marks... , then being under ind, dated the... day of ..., 18—, on the said pl., did without leave, on the... day of .. . , 18~, absent .. . self from the said pl., and did so continue to absent .. . self from the said pl. for the period of 7 days then next after, by means whereof . he then became and now is a deserter from the said pl., contrary to the form of the ord. in such case made and provided. These are therefore to command you, or either or any of you, forthwith to apprehend the said ..., and bring h . . before me, or the then acting S. J. P. of the said J. dist., to be further dealt with according to Law.—Given under my hand at..., onthe... dayof...,18—,at... 8. J.P. N.B.— Warrants for deserters are to be numbered consecutively in each Judicial dist. in each year from 1 Jan, to 31 Dec, Every manager of a pl. on which ims. shall be indentured shall keep a register of desertions and absences on leave, and shall enter therein every desertion of an indentured im. from such pl., with the date on which such im. was last seen at work on the pl., and every pass granted by him to an indentured im., with the date and period and the cause of extension, if any, of such pass, and also every leave of absence granted verbally to any such im. which shall extend over the night. Every manager who does not prefer a charge in the proper form before such 8. M. against any im. under ind. who shall have deserted within 14 days after such im. shall have become a deserter :— Fine, on the charge of the I. A. G., not excdg. $24, and, in addition, an accumulating fine of 24c. for every day of such default. No entry shall be made in the register of defaulters (s. 1582) in respect of any desertion, or of any impr. for the desertion of any im., where the manager has not preferred such charge against the im. for such desertion within such time. Every im. under ind. who shall desert from his pl.— First conviction, fine, not excdg. $10, or impr., with h. 1., not excdg. 1 month, or both; subsequent conviction, fine, not excdg. $24, or impr., not excdg. 2 months, or both. The Mag. shall, upon any such conviction, make order that the ind. of such im., if unexpired, shall on the expiration thereof be prolonged, and, if already expired, shall on and from the expiration of any sentence of impr. then passed, or, if no such sentence shall be passed, on and from the date of such conviction, be renewed for such period as shall have IMMIGRATION. 333 elapsed, from the time when such deserter first quitted the pl. till the expiration of his ind., if already expired, and if not, till the date of his apprehension, and shall make and sign an entry to that effect in the pl. register of desertions and absences on leave, and shall make order for the re-conveyance of such im. to his pl., either then immediately or im- mediately after the expiration of any sentence of impr. then passed, and such ind. shall thereupon be taken to be so prolonged or renewed accordingly. As to prolongation, Mr. Huggins (S. J. P.) remarked, in the case of Ross v. Laiaman, as follows :—‘ With the evidence before me I am pre- pared to extend the deft.’s time from the 1 July, 73 ;” and after passing sentence, continued, ‘‘In this case the estate will get back the 30 days, as the ind. is renewed. Strange to say, when the ind. is prolonged, the estate loses the 30 days which the im. serves in gaol. Such a thing, I venture to say, was never contemplated by the legislature.” In Crosby (I. A. G.) v. Agard (19 Dec., 74), the charge was for desertion from an estate on 20 May, °72, to 10 Nov., 74. The conviction stated that the im. was on 2 several occasions guilty of a similar offence contrary to ss. 84 and 86 of ord. 7, °73. Sentence, 1 cal. month under s, 86. The date of the ind. was 29 May,’70. On 18 Nov., ’74, the manager applied for an extension of the im.’s ind. from 20 May, ’72 to 10 Nov., °74, the date of the apprehension. The I. A. G. opposed the application. Sentence was reserved, and on 20 Nov. the Mag. extended the ind. This was in the teeth of the next decision, and was of course reversed. In Sobtoo v. Hunter (14 Nov., 74) the charge was for desertion on 2 Sept., 71, contrary to ord. 4, 64. The facts were that S. arrived in the Colony in ’53, and was indentured on the 17 March,’71; and arrested 12 Aug., 74, on a warrant dated 31 Oct., 72, the cplt. declaring the desertion to be continuous from 2 Sept., 71 to date of arrest. He was absent 1,076 days, and extension was claimed. S, was fined $10, or 30 days: the ind. was prolonged 1,104 days. The prolongation of the ind. was objected to by the I. A. G. on the grounds that the Mag. had no jurisdiction to try so much of the charge for desertion from the 2 Sep., 71 as referred to time prior to 1 July, °73, when ord. 7, 73 came into operation repealing ord. 4,’64; and that consequently offences committed during its continuance were no longer punishable, and because the period of 1,104 days for which the ind. was prolonged, included the period of 30 days for which S. was ordered to be imprisoned, contrary to s. 86 of ord. 7, °73. Snagg C. J. said:—“ I am of opinion that the ind. was extended for too long a period, and that the proceedings must be referred back to the Mag. to extend the ind. from 1 July, ’73 to the date of the apprehension. The proceedings should have been taken under ord. 7,73 and not ord. 4, 64. The mistake shows the misconception of the cplt. and the Mag. The penalty for desertion is not the same under the new as under the old ord., and it is imperative on the Mag. making the conviction for desertion to prolong the ind., if unexpired, for such period as shall have elapsed from the time when such deserter first quitted the pl. till the date of his apprehension—s, 86. The terms of the new ord. are prospec- tive, and do not apply to the offence of desertion created by the repealed ord. Whether the legislature may or may not have intended the ord. to be retrospective, it is impossible for me to say that the language used in ord. 7,°73 authorises the extension of the ind. from a period anterior to its passing. . “The language of s. 86, that the ind. shall be prolonged, etc., is satisfied by: desertion subsequent to the passing of that ord., and must apply to 23 ~ _, ORD 7, 73 (Repealed, see 8. 36). Extension of indenture dates back to1 July, ”78, only. Ditto, Ord. 7, '73 pro- spective only. ORD 7, '73 § 86a (ord. 4, "76, 8, 12) Deser- tion, $ 86 (ord. 4, "76, 8. 18) Form of charge and warrant. PORM 2, SS 12, 13 Information and charge v, de- serter. S$ 87 Prolonga- tion by magis- trate, on sentence of Superior Court. 8. 8 (Repealed, see 2b.) ; cent raised on Point raised on 8. 71 334 MAGISTERIAL LAW. an im. committing the offence of desertion under the new ord. On being absent for 7 days after the passing of that ord. the indentured im. would then become a deserter, and be deemed to have first quitted the pl., not on the day he became legally a deserter, but, 7 days before, on the day when the ord. came into operation, which would be the day he constructively first quitted the pl. under the new ord. I can give no other construction to a penal ord., and it belongs to the legislature to amend any mistake or omission.” Every im. under ind. who shall desert from his pl. :— Fine, not excdg. $24, or impr., not excdg. 2 months, or both. Every charge against an im. under ind. for desertion, and every warrant for the apprehension of an im. under ind. who shall have deserted from his pl., shall be in the forms 2 and 8 (sched.). As to 8. M.’s certificate on conviction, see s. 166a. No. pl. Theinformationand charge of... the ... manager of pl. ... inthe... Judicial dist.,in the county of. . . in B.G.,taken or oath before me the undersigned, acting as the 8. J. P. of the said Jud. dist., this... dayof...18.. who saith that theim....(/fe)male... years on arrival, No...ex....18..,... in height... bodily marks . . . being then under ind., on the said pl., dated the .. . day of -..18..didonthe.. day of . .. 18. . without leave absent... self from the said pl.,and did continue so to absent... self from the said pl. for the period of 7 days then next following, by means whereof (8) he the said . . . then became and now is a deserter from the said pl., contrary to the form of the ord. in such case made and provided: and thereupon the said . . . makes application that the said... may be apprehended and dealt with’ according to law.—A. B., man. of pl... . Taken and sworn before me this... dayof..18..at.. (C. D.), 8. J. P. N.B.—These should be numbered consecutively on each pl. in each year from 1 Jan. to 31 Dec. When any indentured im. shall be sentenced by the Sup. or Inf. Cr. C., to impr. for any crime, his employer shall be entitled to procure from the C. a cert. of his conviction and impr.; and on presentation of the same to the Mag., such Mag. shall make order that the ind. shall on the expiration of the impr. be prolonged, or renewed, for a term equal to that of his ind. which he may have passed in impr.; and on his libera- tion from impr., the im. shall be reconveyed to his pl., and his ind. shall be taken to be prolonged or renewed accordingly. In Agard v. Crosby (I. A. G.) the charge was for unlawful refusal of a manager to endorse the provisional cert. of an Indian im. theretofore under ind. to his estate on a day named after such cert. had become due, the im. having on the said day called upon him to endorse it. The deft. was convicted in a nominal fine of 24c. and payment to the im. of $8.16, being at the rate of 24c. for each day that the deft. was in default of endorsing the provisional cert. Snagg C. J. said: —“ This is the first case of the kind before the Court. The matter in issue in this appeal is whether an Indian im. indentured under the repealed ord. 4, °64, sentenced to impr. for felony while that ord, existed, whose sentence of impr. expired after the repeal of that ord., is liable to have his ind. pro- longed or renewed by a Mag. under s. 87 of ord. 7, 73, and whether the manager of an estate refusing to endorse the provisional cert. of exemp. fr. 1. delivered by the I. A. G. to the im. under s. 70 is under such circumstances liable to fine or forfeiture under s. 71. _ “The im, was indentured on 3 June, ’69, for 5 years, under ord. 4, 64; IMMIGRATION. 835 arrested 27 Sep.,’72; indicted for felony (killing a horse) before the Supr. C. on 8 Feb., ’73 ; and sentenced to 9 cal. months’ impr., expiring 6 Nov., 73. He returned and worked on the estate. The ind. expired on 2 June, ’74. It was alleged that his impr. appeared in the estate’s returns. The estate was visited on 21 April, ’74 by the Im. Dep. on the usual half-yearly special visit, and a provisional cert. of exemp. fr. lL. was directed to be given to the im. under s. 70, to fall due on 4 June, ’74, The manager on 21 April asked for extension of ind., which was refused. The im, asked on 4 June, 74 for the manager’s signature, which was refused. The ind, might have been extended or renewed if application fon been made during the im.’s impr., but afterwards it was too ate. - There is no principle more clearly settled than that powers given to Mags. by statute cannot be extended by inference. The Mag. could therefore have no power to extend the ind. unless expressly given to him by ord. Under s. 87 the ind. can only be extended when an im. is sen- tenced by any Supr. or Inf. C. for crime, the wording being prospective, and the Court cannot make them retrospective. Ord. 12, 73 does not affect the question, nor can it be held to vary the terms of ord 7, °73. The doctrine of relation must not be strained by extending penal conse- quences by implication. Unless a retrospective operation can be given to ord. 7, °73, the im. was entitled to his provisional cert. It is not necessary now to consider within what time an application to the Mag. to prolong or renew the ind. should be made. It might be attended with great hardship to hold that the employer was at liberty to wait during the whole period for which the ind. might be extended, before he exercised such option.” Mag.’s decision affirmed. Every police officer may without warrant stop any im. whom he may have cause to suspect of being absent from his pl. with- out leave, and may require him to show his cert. of exemp. fr. 1., or a pass signed by his employer ; and if such im. shall not produce any such cert., or pass, the police officer may there- upon take him into custody, and carry him, if elsewhere than in G., to the nearest police station, and if in G., to the office of the I, A. G.; and if such im. shall be ascertained to be under ind. to any employer, the police officer shall communicate with such employer, and the im. shall be detained in custody until he can be charged before the 8. M. of the dist. in which his pl. lies, or until he shall give security for his appearance to answer such charge : Provided that, if the employer shall so require, the police officer shall cause such im. to be re-conducted to his pl. (See s. 107a and 1669.) Tf any im. on being brought to the I. A. G., or to any police station, by any police officer, shall wilfully refuse to give his name, or the name of the ship in which he was introduced into the Colony, or any other information that may reasonably be required for purposes of identification :— Fine, not excdg. $5, or impr., with or without h, 1, not excdg. 14 days, Every person not being entitled to the services of such im, under this ord., who shall employ, or knowingly harbour, any im, ORD 7, 73 § 88 Immi- grant at large to show pass, etc., to police. § 89 Refusal of immigrant to give name, etc. S$ 90 Harbour- ing or inducing immigrants. ORD 7, '73 Evidence against offending manager, § 90a (ord. 4, ’76, 8. 60) Volun- tary return, LABOUR LAW. 8 91 Work and ‘wages, $ 92 Assign. ment of work. $93 Statement of wages by em- ployer, 8 94 Hours of work, § 95 Maxi- mum extent of a ask, 3836 MAGISTERIAL LAW. under ind. ;—Or who shall induce, or attempt to induce, any such im. to leave off work, or to quit his pl., against the will of his employer :-— Fine, not excdg. $48, and, in the case of employment, in addition to such fine, payment to the employer of damages at the rate of $1 per diem of such employment. In case of the person charged being the manager of a pl., it shall be sufficient to support a conviction to prove that such im, has been employed thereon in the service of such manager. As to endorsement of cert. by any such employer, see s. 158¢. By the captain of a ship, see Cox v, Bascom, 2 R. C., 54. A conviction in terms of ‘$30 for the month” is wrong in form. (Clementson v. Comache, 1 R. C., 4.) The deft, must prove he did not know the labourer to be indentured— ab. When any im. under ind., who shall have deserted from the pl. whereon he was under ind., shall voluntarily return to the pl., the manager of the pl. shall report the fact to the police officer in charge of the p. station nearest to such pl. Every manager neglecting so to do for T days after such return :— Fine, on complaint of the Insp. Gen. or an Insp. of P., not excdg. $5. The employer shall provide every indentured im. with suffi- cient work for a full day’s labour on every day on which field work is not rendered impossible by reason of bad weather, Sundays and authorised holidays excepted, and shall pay him wages either by the task or by the day, weekly on the same day in every week. (McConnachie v. Guinness, 2 R. C., 185.) The employer may require any indentured im. to perform, either by way of task or time work, any work for which he is not physically unfit; but all work, whether in the buildings or otherwise, which requires the co-operation of more than 2 labourers at once, in such a fashion that the indolence or negligence of one or more may prevent another from earning the full amount of wages which otherwise he might have earned in a day, shall be paid for by the day, and not by the task. The employer shall inform every labourer upon the assign- ment to him of any task or time work, whether he is to be paid wages for it by the task or by the day, and at what rate for the task or day respectively. Subject to the provision for leave of absence from the pl. (s. 83), every indentured im. shall be present at the work assigned him on each week day in every week, in the field for7 hours, and in the buildings for 10 hours: Provided that no im. employed in the field labour who shall have been present at the work assigned him for 42 hours and shall have earned $1 50c. wages during the week shall be again compelled to be again present at work during that week. No task shall be of greater extent than can be performed by IMMIGRATION. 337 the labourer to whom it is assigned within one working day, of 7 hours, without extraordinary exertion. The employer shall pay to every indentured im. employed in time work, day wages at the rate for each day during which such im. shall have been present at work for the full time pre- scribed by this ord., of not less than 24c. foran able-bodied male adult im., and not less than 16c. for any other im. The rate of wages for any description of task work shall not be less than that ordinarily paid for the same description of work to the Creole and other unindentured labourers working on the same pl. ; and in case there shall be no such labourers, or they shall be paid less than the average rate paid for the same description of work to such labourers on neighbouring pls., then not less than such average rate; and if there shall be no such labourers performing the same description of work on neighbouring pls., then it shall not be less than that ordinarily paid for the same description of work to indentured labourers upon neighbouring pls.: Provided that the wages agreed upon for a task shall be in no case less than the minimum amount of day wages payable for time work. Lf the im. shall be dissatisfied with the amount of wages tendered for any task or time work assigned him by the employer, he may, after performance of the task or time work in question, proceed in a summary manner before the 8. J. P. to recover any deficiency, by which the wages so tendered shall fall short of a fair remuneration for the work so performed; or may lay an information, or make a complaint, against such employer for the unlawful withholding of wages duly earned, and any such information or complaint may be turned by the Mag. into such proceedings for recovery, if he shall be of opinion, after hearing the case, that there exist grounds for further enquiry before estimating such wages. In any proceedings for the recovery of wages by an inden- tured im., it shall not be necessary for such im. to take out a summons against the employer, or to lay or make any formal information or complaint: but the Mag. may, upon receiving from such im. any verbal statement of complaint, require of the manager a statement in writing of the work in question, performed by such ims., and of the wages paid therefor, together with any other material facts or documents; and if the matter at issue shall appear to be such as should be tried upon a complaint for the unlawful withholding of wages, the Mag. shall forthwith issue free of cost a summons to the employer to appear and answer such complaint, and shall proceed thereupon as if the im. had in the first place made such complaint, and shall give notice to the im. accordingly ; but if the rate of wages be the subject matter of dispute, the Mag. shall forthwith proceed to estimate ORD 7, '73 $96 Minimum of wages for time work, S 97 Rate of wages for task work. 8 98 Enforce- ment of rate of wages by immi- grant, 5 99 Proceed- ings for the recovery of wages, ORD 7, '73 $100 Judicial estimation of wages. Costs. Magistrate’s order. No appeal, Construction of 5. 16 of review ord. Construction of 8, 100, 338 MAGISTERIAL LAW. to the best of his ability what is a fair remuneration for the work in question. In making such estimate, whether for task work or day work, the Mag. shall have regard, in the first place, to the rule laid down in s. 97 relating to task wages, and, in the second place, to the rates paid to unindentured ims. on neighbouring pls. for descrip- tions of work the most nearly similar to that in question; and he may summon witnesses skilled in the valuation of labour, and allow such witnesses their travelling expenses and payment for their time at a rate not excdg. $5 a day for a manager, 48c. a day fora day labourer, and $2 a day for any other person ; and the I. A. G. shall supply such Mag., at his request, with any information which may assist him in forming a decision, and, if necessary, shall hold an investigation upon the spot of the cir- cumstances material to the question, and report to such Mag. the result; and the Mag. shall make such order in the premises as to him shall seem just, and shall direct by whom and in what proportions the costs of such proceedings shall be paid, and shall specify, in such order, the grounds of his decision, and shall forward a copy thereof to the I. A. G.; and every such order shall be enforceable, and every payment, directed thereby, shall be recoverable in the same manner as in the case of any order made in the exercise of the ordinary summary jurisdiction: and every such order shall be final and without appeal. (In this s. ‘‘unindentured ims.’’ does not mean the non-resident unin- dentured labourers, who have not houses, medical care, or per- quisites.—Oudkin v. Crawford, 1 RB. C., 60.) In Hunter v. Doorgan (24 QOct., ’74) the complaint was for illegal detention of wages. Order for cplt. for 96c. The Mag. stated that he had received a written notice and reasons for review from the attorney- at-law of the appellant, but as he did not enter into recognizances within 10 days, according to s. 16 of ord, 5, 68, to prosecute the review with effect, nor pay the sum adjudged to be paid into Court, he had not ea the notice of review, and considered his order final, under s, Snagg C. J. said :—“ The Mag. has mistaken the purport of the 16th 8., which is permissive, but not imperative. When security is given pursuant to the s., further proceedings are stayed until the judgment of the Court in review, but when the appellant does not give security, further procedings are not stayed, and the party succeeding before the Mag. may proceed. It appears, from the original summons, that the com- plaint was for detaining wages; whereas the complaint is set forth, in the proceedings before the Mag., as dissatisfaction with the amount of wages tendered for time work assigned to him, and the employer having withheld wages duly earned, the cplt. desired that the remuneration for the work in question should be estimated by the Mag. under s, 100. “Tt does not appear that the rate of wages was in dispute, or that the proceedings were under s. 100. If they had been, the Mag.’s order would have been final. The facts appear to be these. The cplt. was employed in the buildings at 32c. per day, including extra time. There was no illegality in the arrangement that he should work extra time, he IMMIGRATION. 339 being paid for such extra time at a rate not less than that at which ordinary time work was paidfor. The manager detained 24c. from cplt. for absence from work, and if the wages were unlawfully withheld, the proceedings should have been under s. 102.” Decision reversed, with liberty to prosecute original complaint, If any employer, manager, or officer of a pl. shall assault or tn. any way illuse any indentured im. on such pl, :— Fine, not excdg. $48, or impr.; with or without h, 1, not excdg. 2 months, or both. If any employer, manager, or officer of a pl. shall unlawfully withhold any wages earned by an indentured im. :— Fine, not excdg. $48, and the Mag. shall order any such wages to be paid. The Mag. shall report every conviction (under ss. 101-2), together with such circumstances of aggravation or extenuation as to him shall seem noteworthy, to the I. A. G. The withholding of wages should be the subject of civil and not criminal proceedings. King J. said, in Bullock v. Beekharan, 2 R. C., App. 55:—On general principles an employer is not justified in taking the law into his own hands, as it were, and abating what he may think fit from the wages of aservant. In practice, if the servant or labourer has an easy and speedy remedy for recovery of what may be due for wages, it might be thought convenient to resort to the remedy. In such case, as in other contracts, questions may be raised on the trial as to non-performance, or insufficient performance, of the duty, and decided by the Court, which would award the amount claimed, or make deduc- tions according to the facts proved; but when the law provides a distinct remedy for failure of duty on the part of the labourer, as in the Consolidated Im, Ord., the safest course is to follow the law.” Except as hereinafter provided, all wages duly earned by an indentured im. shall be paid in money, without any deduction, and every stoppage of wages duly earned by any such im., and every postponement of payment of such wages beyond the day on which such wages shall be payable, and any payment of wages in kind, shall be taken to be an unlawful withholding of wages; and no manager supplying goods on credit to his indentured im. shall be entitled to stop the price thereof out of any wages which may be thereafter earned by such im. No shop shall be kept by any manager, overseer, driver, ranger, or other officer of any pl., either upon such pl. or with- in 5 miles thereof. If any shop shall be so kept by, or for the profit of, any such manager;—Or by, or for the profit of, any of his subordinate officers with his pernvission, connivance, or knowledge :— Fine on manager, on the complaint of the I. A. G., not excdg. $100; on every other person actually keeping a shop, not excdg. $48, Every indentured im. who shall be unlawfully absent from his pl. without leave, or shall be guilty of wilful indolence during working hours, or shall without lawful excuse refuse to begin or finish any particular work assigned him—lIst conviction, fine, not excdg. $5, or impr., not excdg. 14 days; subsequent conviction, fine, not excdg. $10, or impr., not excdg. 1 month, ORD 7, 73 Proceedings for unlawfully withholding wages to be undet 8, 102. § 101 Il- usage of im. by officer of estate. § 102 Unlaw- ful withholding of wages. Report by Mag. under 8s, 101, 102. § 103 What is legitimate pay- ment of wages. Set-off. § 104 Estate shops. , $105 Absence, indolence, or refractoriness, (Repealed, sce 8. 2a.) Sees, 105d, ORD 7, ’73 Evidence of former convic- tion. Isl AG. entitled to copies of evidence? Absence from the estate, under repealed s. 105 of ord. 7, 73, held not to apply to absence at night time. Non-averment of ‘‘ second,” etc., offence is a defect of substance, Wilful indo- lence by the week, 340 MAGISTERIAL LAW. In I. A. G. on behalf of Feejoree v. Thompson (under s. 106 of ord. 7, °73) a charge of wilful indolence was preferred, without any mention “of the offence being a second offence. The evidence went to show that the offence was a second offence. The Mag.’s clerk stated on oath that he knew the deft., and that he was convicted of wilful indolence on Pl. Po. on w given day. There was a question as to the sufficiency of this evidence, but it could not be entered into on account of not being a point raised by the reasons. {The record book being the primary evidence, it is quite clear no such secondary evidence ought for one moment to have been admitted.—ED.] The conviction made no mention of the second offence, for which punishment was nevertheless inflicted. In this same case the question was mooted, but not decided, whether the I. A. G. is entitled te copies of the evidence or not. [This case was not decided at the time of going to press, 4 Nov., 1876.] In Bremner v. Joycurn (24 Dec., 75) the deft. was charged, under ord. 7 °73, s. 105, for absence from the estate without leave, during the week ending 25 Sept., 75. It appeared from the evidence that the deft. lived with his wife at the neighbouring village. There was no cause to complain of him as regards labour. The absence complained of consisted in spending his nights off the estate without leave, after working hours: the Mag. held that s. 105 applied to absence during working hours only. “The only reference to the word night,” said the judge, “that I have met with in any of the ords. occurs in s. 83, where it appears to be used in conjunction with day as a measure of the limit of leave of absence—i.e., as indicating a period of 24 hours; and in s. 85, requiring leave of absence granted verbally, extending over the night, to be registered. I have not found any provision in ord. 7,’73 which makes it unlawful to be absent from the estate at night, or which would justify the imposition of a penalty for such absence.” Dismissal affirmed. : In I. A. G. (Binsee) v. Braud (July, °76), the definition of “¢ wilful indolence ” was gone into. {Kd. had not received the reserved judgment on going to press. In L A. G. on behalf of Chittoo v. Kelly (20 May, '76), Atkinson A. J. remarked as follows:—‘ The fifth reason of review, put in few words, is that the Mag. imposed fine and impr. as for a second offence, whereas the information or charge is for a first. This would be an excess of jurisdiction, and fatal to the conviction, unless an amendment can be made under ord. 5, 68. It would not be a variance under s.3; but I think the omission to aver in the information that the offence was a “second” or “fifth,” as the case might be, is a defect of substance, inasmuch as that averment is essential to the description of the offence. Without that averment it is but a charge as for a first offence, involving a certain limited punishment. A second (or subsequent) offence entails heavier punishment. Hence it is necessary that the charge should state that the offence laid is a second (or subsequent) offence, in order to give the Mag. jurisdiction to inflict that heavier punishment. Being a defect of substance, the information was amendable by the J. P. under s. 3, ord. 5, 68. The information was not amended by the J. P., and must, therefore, be amended by this Court, under s. 21, if there were such proof before the J.P. as is required by the s. There is no such proof.” Asto wilful indolence being charged for one day only (I. A. G. v. Hunter —Soomaria) King J. said: —“ The brevity of the Mag.’s proceedings is in strong contrast with the length of the reasons for review. I gather from the entry of the complaint in the extract minnte of proceedings forwarded IMMIGRATION. 341 to the Court, that it was intended to charge Soomaria, under s. 105, ord. 7, 78, with wilful indolence during working hours, and that some evidence was given of her having been previously convicted of a similar offence, whereupon she was sentenced to pay a fine of $10 and costs (72c.), or to undergo 3 weeks’ impr. The objections to the Mag.’s proceedings as collected in the argument from the reasons of review resolve themselves into two: firstly, that wilful indolence during the 7 hours which under the im. ord. constitute the working day of an indentured immigrant, is a separate and complete offence, and that charging wilful indolence during a week is charging more than one offence in one complaint, that being contrary to s. 14 of ord. 19, 56. Where an information under the Act for the Suppression of Betting Houses, 16 and 17 Vict., c. 119, s. 3, charged the deft. with having on 5 Oct., and on divers other days and times between the said 5 Oct. and the laying of the information (16 Nov.), being then the occupier of a certain hcuse in the said city, knowingly and wilfully kept and used the same for the purpose of his betting with persons resorting thereto, a conviction for so keeping and using the house on 8 Nov. was held good and valid. But in that case evidence was given, and it was established to the satisfaction of the Js. P. that the appellant so kept and used the house on 8 Nov., one of the days included in the complaint, and they convicted the deft. of the offence so committed on that day. In the present case there is no evidence of the kind, and the conviction, as far as is shadowed forth in the proceedings, is for wilful indolence during the week, which might include 6 separate offences, and not for wilful indolence on any particular day. y be entitled to any fee authorised to be demanded and received by the I. A. G, under this ord. Every proceeding or order of a St. or Sp. J. P. under this 15 Review. ord. shall be subject to the review ord. 5, 68. (Sees. 6 of this ord.) MILITIA. Ord, 22, °72. ORD 22, 62 §. 1, repeal clause; ss. 2-11 relate to the constitution and equipment of the force; by s. 12, ‘‘ Georgetown ”’=municipal wards as now established, and Pl. Thomas. Every male, between 18 and 45 years, resident in G., or $13 Qualifica- whose ordinary place of business is situated in, or whose business, profession, or trade is carried on in G., possessing any qualifications hereinafter mentioned, shall be bound and liable to serve in the Militia thereof :— 1) Any person who, or whose wife, shall possess, under a — Frechold land title by grant from the Crown, transport, letters of decree, pnder cultive inheritance ab intestato vel ex testamento, devise, or marriage, not ORD 22, 72 Freehold house property. Leasehold land wnder cultiva- tion. Leasehold house property. Income. § 14 Joint property. $15 Successive ownership, ete. $16 Examina- tin as to quali- fi ation. 450 MAGISTERIAL LAW. less than 8 acres of land actually and bond fide under cultivation, or premises in G. of the value of $500. (2) Any person who, or whose wife, shall be in the possession, under any title as aforesaid, of a house, or of a house and any portion of land, in G., of the rental or value of not less than $96 per ann. (8) Any person who, or whose wife, shall be in the occupa- tion or tenancy of 6 acres of land actually and bond fide under cultivation, secured by lease or any document in writing for 8 ‘years or upwards. (4) Any person who, or whose wife, shall be in the occupation or tenancy of any house, or of a house and any portion of land in G., of the rental or value of $192 per ann. (5) Any person not being a journeyman mechanic or journey- man artizan (unless such journeyman shall possess any of the preceding qualifications), who shall possess or enjoy in G. an income or salary of $350 or upwards, or an income or salary which, with board or lodging, or other allowances, shall be equal to or excdg. $350 per ann. Under ord. 11, °57 (repealed), a weigher and gauger was convicted for non-enrolment, he refusing to state on oath the amount of his income which depended on his earnings. (Nicolson v. Robson, 1 R. C., 10.) When any land or house, or house and premises in G., shall be jointly owned or occupied by more persons than one as owners or tenants, each of such joint owners or tenants shall be bound and liable to serve in the Militia as aforesaid, in respect of the land, house, or house and premises so jointly owned or occupied, in case the value of such land, house, or house and premises shall be of an amount which, when divided by the number of such owners or tenants, shall give a qualifica- tion for each and every such owner or tenant, but not other- wise. The premises in respect of which any person shall be liable to serve as aforesaid shall not be required to be the same premises, but may be different premises owned or occupied in immediate succession by such person during 6 months next previous to the day of his being liable to serve as aforesaid, The Adjutant, Gen. may call upon any person asserting that he is not qualified as aforesaid to make an oath before him to that effect, which oath he is hereby authorised to administer, and may make such further inquiry as to him may appear necessary. Ss. 17-24 relate to exemptions from service—matters which are dealt with by the Adjutant Gen.: s, 22, requiring an oath as to age in case of non-production of baptismal certificate. Every person becoming liable hereunder to serve in the MILITIA. 451 G. Militia shall enrol himself within 80 days from the time of his so becoming liable, such enrolment to be made at the Adj.-Gen.’s office :— Fine, in default, $24, at the instance or by the written authority of the Adj.-Gen., every order to contain the alternative of impr. in the Debtors’ Ward of the G. jail for 1 month, in default of payment of fine; and, notwg. impr., immediate enrolment by the Adj.-Gen. 8s. 26-80 relate to enrolment generally. Ss. 31-43 relate to the appointment of officers. The band shall be commanded by a bandmaster, appointed by the Goyv., ete. The bandmaster shall be bound to serve and continue in the performance of the duties of his office for the term of 5 years from the date of his appointment :— Fine, in default, $1000, recoverable by summary execution at the instance of the Lieut.-Co]. Comt. Power for the Gov. and Com.-in-Chief at any time to dismiss the bandmaster for misconduct, or to accept his resignation, or, on giving him 6 months’ previous notice to that effect, to dispense with his services. Bandsmen on application to be selected by the bandmaster, subject to the approval of the Lieut.-Col. Comt. Every person so selected shall be taken by the bandmaster before the Police Mag. of G., and if such person shall declare before such Mag. that he is willing to engage for 5 yrs.’ service in the G. Militia band, the said Mag. shall put to him the several questions contained in Sched. A. (see App., p. 456), and shall then and there, and in the presence of the said person, record, or cause to be recorded, in writing, his answers thereto, and the said Mag. is hereby required forthwith to read over or cause his clerk in his presence to read over to such person ss. 51, 52, 53, 79, 80, 81, 85, 86, 87, 88, 89 and 96 of this ord., and the said Mag. is hereby required to give under his hand to the bandmaster the cert. in Sched. B. (see App., p. 456), and a duplicate thereof to the person engaged. No apprentice shall be engaged for service in the G. Militia band. No person under 18 yrs. shall be engaged for service in the said band except with the consent of. his parent or guardian, and a declaration of such consent shall be written on the aforesaid certificate, and signed by such parent or guardian in the presence of the Police Mag. of G., who shall thereupon attest the same. The G. Militia band shall assemble for instruction, drill, and parade at such places and at such stated times as the Lieut.- Col. Comt. may from time to time appoint, and shall also be bound to play and perform in such numbers and on such ORD 22, '72 § 44 Band. § 45 Band- master. 8 47 How bandsmen engaged | 8 48 Engage- ment of youths of $ 49 Duties band, ORD 22, '72 S 50 Buglers, etc. S 51 Pay for- feited by im- prisonment. Damage to uni- form, ete, $ 52 Absence excluded from counting as service. 452 MAGISTERIAL LAW occasions as he may from time to time direct, and on every such occasion the said band shall be deemed to be on duty within the meaning of this ord. The trumpeters, buglers, drummers, and fifers of the band shall be attached to the several corps and companies of the G, Militia, in such manner as the Lieut.-Col. Comt. shall from time to time direct, but nothing herein contained shall be held to exempt them from doing duty with the band as members thereof whenever required. Every member of the band who shall be sentenced to impr. under this ord. shall forfeit his pay during each day he shall be so imprd. Every member of the band who shall be found guilty of destroying or wilfully injuring his uniform, accoutrements, music, instruments, or other article supplied to him, shall be liable to make good the loss or injury done thereto by monthly deductions from his pay, as the Lieut.-Col. Comt. shall direct. If any person engaged in the said band shall have been absent from his duty during any portion of the time limited by his engagement by reason of his impr., whether under sentence of a Court Martial, or of any other Court duly authorised to pass such sentence, or by reason of his confinement for debt, or by reason of his desertion, such portion of his time shall not be reckoned as part of the term of service for which he shall have' been engaged. Medical cert. of unfitness for service entitles holder to discharge, and renders him liable to dismissal for misconduct or incompetence, or to discharge on 6 months’ previous notice. Ss. 55-58 relate to volunteering ; s. 59 treats of drill squads ; 8. 60 et seq. relates to Courts Martial. By s. 63 the accused and the witnesses are to be summoned 24 hours before trial, and if an accused or a witness serving in the G. M. Corps or Band shall not attend when summoned, he may by written order of the president of the Court Martial be taken into. custody, etc. In case of an accused or a witness after being so summoned absconding or concealing himself, the Gov. may issue his special warrant to the Insp.-Gen. of Police; and if in order to impede the execution of any such warrant any such accused or witness shall avail himself of the refuge of any house, building, or enclosure, the police, acting under the personal direction of the Insp.-Gen. or any Insp. of Police, but not otherwise, may enter such house, etc., by force, and apprehend such accused or witness; and if, when any such accused or witness shall be taken into custody by the police the Court before which he should have appeared shall have been adjourned or postponed, he shall be confined until the reassembling or the meeting of the Court. MILITIA. 4538 Penalty for disobeying summons of Court Martial on 24 hours’ notice in G., and 4 days’ elsewhere, $100, recoverable by suit in Inf, Civil Court. Ss. 65-80 relate to the procedure of Courts Martial and the offences triable thereunder. Every officer, non-commissioned officer, or private of the G. M. or Band, who shall, without first obtaining leave, absent himself from parade, drill, rendezvous, or any other duty, shall be returned as so absent, and shall be held to have been absent without leave, unless he can show that the return is erroneous. Any member of the M. Corps or Band who shall have been prevented from attending by sickness or other unavoidable cause, not admitting of his previously obtaining leave of absence, must report such sickness or other cause within 48 hours after his non-attendance to the Adj., who without delay shall make such enquiry as to him may appear necessary into the validity or otherwise of the excuse given for non-attendance, and shall report the same to the Adj.-Gen., who, if not satisfied with the excuse given for non-attendance, shall thereupon order the Provost-Serjeant to demand within 24 hours, if practicable, of the person returned as absent the fine hereinafter imposed for such absence :— Fines—first offence; officer, $6; non-com. officer or private, $2; double fine for second offence within 3 months; treble fine for third offence within 3 months, In default of payment, see s. 89. Every member of the Artillery, or Rifle Corps, or Line Companies of the G. M., absent without leave 4 times within 8 months, may be summoned by the Provost-Serjeant before the Police Mag. of G. :— Fine—officer, not excdg. $48 and not less than $21, with costs, or impr., not excdg. 2 months and not less than 1 month; non-com. officer or private, not excdg. $16 and not less than $7, with costs, or impr., not excdg. 1 month and not less than 14 days. Every member of the M. Band returned as absent without leave :— Fine—first offence, ordinary musician, $2 ; trumpeter, bugler, drummer, or fifer, $1; second offence, within 1 month, double fine. The following offences are triable by P. Mag. at instance of Provost-Serjeant :— (a) Being absent without leave 8 times within 1 month. (b) Disobeying the lawful commands of the bandmaster or other superior officer. (c) Leaving or quitting the band when on duty, or the corps, company, party, post, detachment, or guard to which attached, (d) Being drunk on any duty whatever. ORD 22, '72 8 64 Civil pro- cedure. § 81 Absence defined, S 82 First three offences dealt with by adjutant, § 83. S 84 Re- peated offences by Mag. § 85 Absent bandsmen. 8 86 Offences by bandsmen. ORD 22, '72 S 88 Not appearing properly on parade, etc. 8 89 When fine not paid on demand of Provost-Serjeant. § 90 Pro- ceaure, 8 94, § 95 Surrender of arms, etc., at end of service. 454 MAGISTERIAL LAW. Punishment—first offence, impr., with or without h. 1., not excdg. 1 month; second offence, ditto, not excdg. 2 months. (e) Selling or otherwise disposing of, or making away with any uniform, accoutrement, music, instrument, or other article provided for him at the public expense. (7) Destroying or wilfully injuring any such uniform, accoutre- ment, music, instrument, or other article. * (g) Desertion (i.e., absence without leave for 1 cal. month) :— Punishment (¢.g.).—impr., with or without h. 1, not excdg. 2 months. Every member of the G. M. Corps or Band who shall turn out at any parade, drill, or rendezvous, or on any other duty, without his uniform, arms, or accoutrements ;—Or without his proper musical instruments in the case of a member of the band ;—Or in uniform, arms, or accoutrements ; and in the case of a member of the band with his instrument not perfectly clean and in good order ;—Or who shall appear in, wear, or carry at any time, any uniform, arms, or accoutrements ;—Or use any instru- ment in the case of a member of the band, in opposition to any general order in force for the time being :— The same penalties and punishments as hereinbefore imposed for absence without leave, according to the number of times the offence shall be committed within 3 months’ or 1 month, as the case may be; P. Mag.’s Court, at instance of Provost-Serjeant. In case any member of the G. M. Corps or Band shall not pay any fine when demanded of him by the Provost-Serjeant, or within 24 hours thereafter, he may be summoned before the P. Mag. ; and if adjudged by him to have been absent without leave :— : Fine, not excdg. twice the fine demanded, and in default of immediate payment, with costs, impr., not excdg. 2 months. Ordinary summary procedure—deft.’s appeal from Mag.’s decision to be to Gov. and Com.-in-Chief within 7 days from judgment, on giving security (1 respectable householder, or deposit, not excdg. $60) for due appearance when called upon; pending appeal, further proceedings to be stayed, (Carbery v. Dunn, 2 R. C., ’66, touches on the question of appeal under the old Mil. ord., but is now of no importance.) Ss. 91-3 relate to general duties. Militia officers to put in execution the orders of the civil power when called upon. Every person ceasing to serve in the G. M. Corps or Band shall, within one week thereafter, deliver over all the arms, accoutrements, uniform, musical instruments, or music, with which he may have been provided at the public expense, to such officer and at such place as the Gov. and Com.-in-Chief may by a general order from time to time appoint: default to be a misd, :— MILITIA. 455 P. Mag.’s Court—impr., with or without h, 1., not excdg. 2 months; power for P. Mag. to grant search warrant for said arms, etc., not so delivered over, wherever the same shall be found. When any person, serving in the said M. Corps or Band, shall die, his heir, executor, or other representative, or the householder in whose house he shall die, possessed of any arms, accoutrements, uniform, musical instrument, or music, provided at the public expense, shall be bound, within 14 days after such death, to deliver up to the officer, and at the place to be appointed as aforesaid (s. 95), all such arms, etc.: default to be a misd. :— Punishment and search warrant as in s, 95. Every person belonging to the G. M. Corps or Band shall be allowed a reasonable time for going to, and also for returning from, any service or parade, and shall not be liable during such time, provided he is in uniform, or whilst he is on such service or parade, to have his person, conveyance, or attendants arrested, or taken in execution by any civil process issued out of the Court whatever ; such person being nevertheless during any time occupied in going to or returning from any such service or parade, considered and taken to be on duty, and subject to the provisions of this ord. for any offence he may be guilty of to the prejudice of good order and M. discipline. Redress for being ill-treated or aggrieved by a superior officer whilst on duty is by written complaint to the Gov. and. Com.-in- Chief, who may order a Court of Inquiry, or Regimental or General Court-Martial. If any person shall wilfully take a false oath before the Adj.-Gen. under ss. 16 or 22, he shall be deemed guilty of perjury. (See ‘ Prsury.’’) All fines to be paid to the adjutant. Persons imprd. (without h. 1.) to be kept in the Debtors’ ward of the G. jail, in the custody of the jailer, who may deliver any person con- fined, before confirmation of sentence, on receiving an order purporting to be signed by the President of the Court-Martial. Persons sentenced to impr. (with h. 1.) to be employed at h. 1. within the walls of the G. jail. Nothing herein shall hinder the Att.-Gen. from prosecuting, before the proper legal tribunal, any person in the G. M. Corps or Band for any offence for which he would be liable to be so prosecuted if not in the Militia. No person once convicted by a Court-Martial of any offence hereunder shall be liable to be prosecuted before any other tribunal in respect of the same offence, Power for the Gov. to issue general orders hereunder. ORD 22, '72 $96 Surrender of arms, etc., of person dying in service. § 97 Freedom from arrest— civil process only. 8 99 Perjury, Sentence with- out h. 1, Hard labour sentences, 5 103 Service no bar to prose- cution, Conviction by one Court a bar to further prose- cution. § 104, ORD 22, 62 ORD 8, '44 § 2 Boundaries of New-Am. Board of Sup. 8 19 Board vested with authority to sue. 8 20 Standing regulations for town of New- An, 456 MAGISTERIAL LAW. Appendix. Ord. 22, °72., SowEpute A. Questions to be put separately by the P. Mag. of G. to Bandsmen on engaging :—(1) What is your name? (2) Where were you born? (3) What is your age? (4) What is your trade or calling ? (5) Are you an apprentice? (6) Are you willing to serve in the G. M,. Band under the provisions of ord. No. for a term of 5 years ? ScHEDULE B. I, , Police Mag. of G., do hereby certify that in my presence all the foregoing questions were put, to ; that the answers written opposite to them are those which he gave me; that the ss. of ord. No. were read over to him; and that I have given to him a duplicate of this certificate, signed with my name. MUNICIPAL. Amsterdam. Ord. 8, °44. New Amsterdam shall be confined within the boundaries following, viz. :—on the N. by the Ordnance Land, on the E. by Pls. Smithfield and Vryheid, on the 8. by Pl. Overwinning, and on the W. by the River Berbice; and the said Town of New-Am. shall be under the control of a Board of Sup., to be called and styled, Taz Boarp or Sup. or THE Town or New- Am., of 7 members, to be elected by the inhabitants of New-Am., duly qualified in manner hereinafter mentioned; and the said members shall, from time to time, from among themselves select a President (s. 8):—qualification of voters (s. 5):— ineligible members (s. 6) :—meetings (s. 11) :—officers (s. 18) :— minutes (s. 14) :—taxes (s. 15) :—bylaws (s. 16) :—estimates (s. 17) :—and annual statement (s. 18). The said Board shall have full power and authority to sue, and be sued, in all Courts of Law or Equity, in the name of the Board of Sup. of the Town of New-Am., and in any action to be brought against the Board, service of process upon the Sec. ‘for the time being shall be deemed and adjudged to be good and sufficient service. ; The following shall be the standing regulations for the Town, subject to future amendment under s. 16 ;— MUNICIPAL—AMSTERDAM. 457 (1) All proprietors, renters, or occupiers of land in the said Town, whether built upon or not, shall be obliged during March and Sept. in every year to have their respective lots or parcels of lots properly weeded, and cleaned of grass, brushwood, or rubbish, under a penalty of $50. In case of any lot or parcel of land remaining uncleaned after 8 days’ notice has been served on the proprietor, renter, or occupier ;—Or, if the lot is unoccupied, and the proprietor not known, or unrepresented, notice served and stuck up in a conspicuous place on the lot, then the lot shall be cleared by order of the Board, at the expense of the proprietor of the lot (lot, with buildings, executable by summary execution at the suit of the Board). (2) No building or shed of any description to be erected within 90 feet of the centre of the draining trench of the public front dam, nor within 3 feet from the respective side trenches, or within 12 feet from the draining trenches of the public middle- road, or high-street, under a penalty of $300, recoverable as hereinafter expressed ; exclusive of which penalty the person or persons so improperly erecting or causing to be so improperly erected, any such building or shed, shall be bound to remove the same to the proper place and distance, within 3 months after notice so to do from the Board; such notice to be served as in sub-s. 1, and in case after the expiration of said period of 8 months such building or shed be not removed, the Board shall have full power and authority to cause the same to be removed at the expense of the proprietor, and to proceed by summary execution against the proprietor or representative of the lot for the recovery of such penalty and expenses (lot, with buildings, executable). (3) No building or shed of any description, within any part of the said Town, shall have a thatched roof, or covering of leaves or grass, and should any person attempt to place any such covering on any building or shed, the Board are authorised to cause the same to be immediately taken down, without any formal notice or process :— Fine, $15. (4) All buildings used, or hereafter to be used, as kitchens or cooking houses, within the said Town, shall be provided with a fireplace, or hearth, and a chimney of brick or stone; the chimney to be of sufficient height so as not to endanger the neighbourhood, or not to annoy it with smoke, and should any oven be required, the same shall be connected with and ventilated by such chimney; the floor of every such kitchen to be of stone, bricks, or solid earth; and should any kitchen or oven now already erected not be in conformity with the fore- going description, the same shall be altered and made in ORD 8, ’44 Penalty for beeprapa erec- tion of buildings, No building to have thatched roof, Kitchens to have chimneys of brick or stone. ORD 8, "44 Situations of cooperage, foundry, smithy, or bakehouse, to be approved by Board, 458 MAGISTERIAL LAW. conformity therewith, within six months from the date of the present Act; and in case any such kitchen or cooking house shall hereafter be erected contrary to the foregoing description; or in case any kitchen or cooking house already erected be not altered as aforesaid within the said period of 6 months :— In either of said cases the proprietor of the lot, known as such in the books of the Receiver of Town Taxes, shall incur a penalty of $15 in the first instance, and double that sum during every succeeding cal. month, until such kitchen, cook-house, or oven shall be made and com- pleted according to the foregoing description, and the lot and the buildings thereon shall be liable and executable for such fine or fines: Provided, nevertheless, that in case it should be made apparent to the satisfaction of the Board that certain poor persons are unable to bear the expense of building kitchens with brick fireplaces, chimneys, and ovens, as before described, the Board shall have the power and discretion of provisionally exempting such persons from the compliance therewith ; but in lieu thereof, the proprietor or renter of any such dwelling-house or tenement so exempted shall be bound to have an outhouse for a cooking place, built of such materials and in such a manner as shall be approved of by the Board, and to be completed within 3 months after the passing of this Act, or such future time as shall be allowed by the Board for such purpose; and any person coming under the description of this latter clause, neglecting or refusing to comply with the provisions thereof within the said pent of 3 months, or within such further time as may be allowed by the Board, shall incur a penalty of $5 in the first instance, and double that sum during every cal. month of continuance in such neglect (the lot and buildings executable); and. on complaint made to the Board, or on the representation of the Town Surveyor, it shall be lawful for the said Board, or any person or persons authorised by them, to enter the premises about which the complaint is made for the purpose of inspecting the same, and giving such directions as may be necessary for enforcing these regulations, or inflicting the penalties prescribed. (5) No cooperage, foundry, smithy, or bakehouse, shall in future be established within the precincts of New-Am. in any situation but such as shall be approved of by the Board ; and there shall be at every cooperage, foundry, smithy, or bake- house a regular and sufticient fireplace, for the purpose of the trade, such fireplace to be enclosed with brick walls and to be provided with a chimney of brick, the floor to be of bricks, tiles, stones, or solid earth; the whole to be completed in such cooperage, foundry, smithy, or bakehouse, now already established, within six months from the date of this Act, and subject to the approval of the Board; and it shall be lawful for the Town Surveyor to make an inspection of all cooperages, foundries, smithies, and bakehouses, within New-Am., and if in his opinion any alteration or addition shall be necessary to the fireplace at or in such cooperage, foundry, smithy, or bake- house, he shall report the same to the Board; and in case the Board shall think fit to order any alteration or addition to the fireplace at or in such cooperage, foundry, smithy, or bake- MUNICIPAL—AMSTERDAM. 459 house, so as to make it conformable to these regulations, such alteration, or addition, shall be completed within the period of 6 weeks from notice given by, or on behalf of the Board, to both the occupier and proprietor, (the person or persons known as such on the books of the Town-Receiver to be held as such), and in case such order of the Board remains uncomplied with, the proprietor as aforesaid shall incur a fine of $70 in the first instance, and double that sum during every succeeding month after the period at which the first fine was incurred (the lot and buildings executable), (6) All persons, proprietors, or occupiers of forges, and other buildings, having chimneys within the precincts of New- Am., shall at all times keep the chimneys well and properly cleaned, and free from soot, and the Town Surveyor shall be at liberty to inspect such chimneys whenever he may think proper, without any impediment being offered to him :— Fine, in case of contravention or neglect to comply, on the proprietor or occupier, $10 for every such neglect. (7) Every cooperage, carpenter’s shop, or work-place, boat- building establishment, or bake-house, shall be swept and cleared of shavings or other combustible matter, every day on leaving off work :— In default, fine of $5 on the occupier or person having charge, for every neglect. (8) No person is permitted to throw dung, filth, or rubbish in any of the trenches or drains, or on the dams or parapets, or before the house of any other person :— Fine, $5, and the expense of the removal of the nuisance. In respect to this clause, all persons shall be answerable for their servants unless they shall declare upon oath that the offence was committed without their knowledge or consent :— In which case the servant so offending shall be liable to the same penalty. The carcasses of horses, mules, horned cattle, asses, sheep, goats, dogs, and other animals, shall be, within 12 hours after the death of the same, removed to the river, and towed out such a sufficient distance in the current as will carry the same out to sea :— Fine, $15. 9) All nuisances arising from filth or uncleanliness, or pro- duced from the erection in improper situations of privies or hog styes, may be represented to the Town Surveyor, who ORD 8, '44 Proprietors of forges to keep chimneys clean, Cooperage and bakehouse to be kept clean of combustible materials. No filth to be thrown on dams, Servant’s act, All nuisances to be removed, ORD 8, '44 No boat to lay alongside of public stellings, No boats to be hauled up on public stellings. Railings, fences, or obstructions to be removed. 460 MAGISTERIAL LAW. shall enquire into the complaint, and require the person offend- ing to remove the nuisance or remedy the evil complained of :— In case of refusal or non-compliance, fine, not less than $5 nor more than $60. (10) No boats or erafts, of any description, permitted to lay alongside any of the public stellings, except for the purpose of loading and unloading, and then only for the space of 24 hours at one time, unless bad weather or other accidental cireum- stances should prevent the same being effected in such space of time, in which case permission for extension of time must be requested from the President of the Board, who is hereby authorised to grant the same at his discretion; and every person acting in contravention of this article :— Fine, $15. (11) No boat or craft, of whatever description, shall be hauled on any of the public stellings, dams, streets, or parapets, or in the canals or trenches of New-Am., either for the purpose of being repaired or for any other purpose, nor shall any bricks, timber, casks, or other articles be allowed to remain on any of the said public stellings, dams, streets, or parapets :— Fine, $10. In case any such bricks, timber, casks, or other articles be not removed within 24 hours, the Board shall have the power of causing the same to be seized and detained until the expense of removal and penalty be paid by the party offending ; and should any such bricks, casks, timber, or other articles so seized and impounded not be claimed and released in 10 days after seizure, the same shall be sold at public vendue, and the proceeds, after deducting the fine and expenses, paid over to the owner, and in case the owner is not known, they shall be deposited in the Town Funds. [Bylans 12 and 18 void; see ord. 7, '66, s. 2, under “ PouNDS.”’] (14) And whereas by ord. 8 Sept., 1830, the Board of Police of New-Am. were authorised and required to take over as public streets the cross roads or lanes running through the several lots of said town, on the application of the majority of the owners of property situated in any such lanes, to be ascer- tained by the value of their respective lots and buildings, it is hereby ordered and enacted, that in all cases where cross roads or lanes have been so surrendered and taken over as aforesaid, or which may hereafter be surrendered to, or taken over by the said Board, all railings, fences, or other obstructions therein, if found to interfere with the passage through, or proper drainage or width of the road, shall, on the complaint of any one or more of the proprietors in said cross-lanes, duly made to the Board, be removed by the person or persons encroaching thereon; and upon any such complaint being made, the Board shall cause the person or persons against whom MUNICIPAL—GEORGETOWN. 461 the complaint is made to be summoned to appear before the said Board, at some place and time to be mentioned in the summons, to answer to such complaint ; such summons to be in writing, and to be served by the Town Surveyor, allowing at least 8 days’ previous notice, on the proprietor, renter, or occupier of the lot of land on which the encroachment is alleged to exist, or if the proprietor is unknown, or unrepresented, such summons to be served and stuck up.in a conspicuous place on the lot; and in case the said Board, after hearing the parties, or in case of their non-attendance, after due investiga- tion and inspection, shall find the complaint well founded, then, and in such case, the said Board shall cause notice, in writing, to be served in the same manner as the summons hereinbefore prescribed, requiring such railing, fence, or ob- struction to be removed by the proprietor, renter, or occupier of the lot, within 1 month from the date of such notice :— On pain in case of neglect or refusal, of incurring a penalty of $50, and the Board are hereby authorised and empowered, after the expiration of such notice, to cause such railing, fence, or other obstruction to be removed, at the expense of the person or persons so neglecting or refus- ing to remove the same, and for which penalty and expense the lot with the buildings that may be thereon shall be liable and executable, and the same shall be enforced by summary execution at the suit of the said Board. (15) All fines incurred and recovered by virtue of the foregoing regulations shall be applied to the use of the Town Funds; and all penalties imposed by this ord., and under these regulations, or any regulations or by-laws that may hereafter be made by the said Board, and confirmed by the Gov. and C. of P., shall be recoverable before the Sheriff of Berbice, or in any Court of competent jurisdiction, and when recovered and received, to be paid over and applied to the use of the Town Funds, Georgetown. Ord. 25, 60, Part IV., ss. 91-114. No person to place, or build, or cause to be placed or built, any house, tenement, or other erection upon or hanging over or encroaching beyond the line or boundary of any of the streets, public places, dams, parapets, or thoroughfares of G. In case any house, etc., shall be at any time hereafter placed or built, or be commenced to be placed or built upon, or hanging over, etc., the T. Sup. shall direct the same to be forthwith re- moved by an order in writing to be served by him on the proprietor of the said building, or on some conspicuous part thereof :— And in case the said proprietor shall not,within 3 days thereafter, remove such building within the line or boundary, the T, Sup. may make com- 31 ORD 22, '72 Application of fines re- covered. Jurisdiction. ORD 25, ’60 S 91 Future encroachments on the line of street to be re- moved. Order of re- moval, ORD 25, '60 § 93 Ruinous or dangerous buildings to be taken down or secured, In default. 8 94 Bars to be placed across streets pending repairs. Lights at night, 8 95 Neglect to light deposits of building materials, etc. 462 MAGISTERIAL LAW. plaint thereof before the Police Mag., who may order such proprietor to remove the same to the satisfaction of the T. Sup. within a fixed time. Fine on proprietor in default, not excdg. $50, the Mayor, etc., to have the building removed, expenses thereof recoverable by summary execution. If any building or wall, or anything affixed thereon, within the limits of G., be deemed by the T. Sup. to be in a ruinous state, and dangerous to passengers or to the occupiers of the neighbouring buildings, he shall immediately cause a proper board or fence to be put up for the protection of passen- gers, and shall cause notice in writing to be given to the proprietors of such building or wall (if known and resident in G.), and shall also cause such notice to be put on the door or other conspicuous part of the said premises, or otherwise to be given to the‘occupier thereof (if any), requiring such owner or occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case shall require :— If such proprietor or occupier do not begin to repair, etc., such building, ete., within the space of 3 days after any such notice has been so given or put up as aforesaid, and complete such repairs, or take down or secure such premises as speedily as the nature of the case will admit, the said T. Sup. may complain before the P. Mag., who may order the proprietor, or, in his default, the occupier (if any) of such building, etc., to take down, etc., to the satisfaction of the T. Sup., the same, or such part thereof as appears to him (P. M.) to be ina dangerous state, within a fixed time :— In default, or if no proprietor or occupier can be found on whom to serve such order, the M. and T. C. shall, with all convenient speed, cause all or so much of such building, etc., as shall be in a ruinous condition and dangerous, to be taken down, etc., as shall be requisite; expenses of fence, and of taking down, etc., recoverable by summary execution. The Mayor and T. C. shall, during the construction or repair of any of the streets, thoroughfares, bridges, trenches, or drains of G., take proper precaution for guarding against accident, and shall cause such bars or chains to be fixed across or in any of the streets, thoroughfares, or bridges to prevent the passage of carriages and horses while such works are carried on, as to. them shall seem proper. The Mayor and T. C. shall cause any such works, during the construction or repair thereof by them, to be lighted and guarded during the night, so as to pre- vent accidents :— Fine, on every person taking down, etc., any of the said bars or chains, or extinguishing any light, without the authority or consent of the M., and T. C., not excdg. $96. When any building materials, rubbish, or other things are laid, or any hole made in any of the streets, thoroughfares, or bridges of G., the T. Sup. shall cause sufficient light to be fixed in @ proper place upon or near the same, and continue such light every night, from sun-setting to sun-rising, while MUNICIPAL—GEORGETOWN. 463 such materials or hole remain, and shall cause such materials or other things, and such hole, to be sufficiently fenced and en- closed until such materials or other things are removed, or the hole filled up, or otherwise made secure :— Fine on the T. Sup. failing so to light, fence, etc., in addition to the payment of any damages recoverable by any party injured, not excdg. $24, besides fine not excdg. $10 for every day of such default. If any building, or hole, or bridge, or any other place near any thoroughfare or street of G., be, for want of sufficient repair, protection, or enclosure, dangerous to the passengers along such thoroughfare or street, the M. and T. C. shall cause the same to be repaired, protected, or enclosed, so as to pre- vent danger therefrom, and the expenses of such repair, pro- tection, or enclosure shall be repaid to the M. and T. C. by the owner of the premises so repaired, protected, or enclosed, and shall, in default of payment, be recoverable: by summary execution. Every person intending to build or take down any building within the limits of G., or to cause the same to be so done, or to alter or repair the outward part of such building, or to cause the same to be so done, where any street or thoroughfare will be obstructed or rendered inconvenient by means of such work, shall, before beginning the same, obtain permission from the M. and T. C., and shall cause sufficient hoards or fences to be put up, in order to separate the buildings where such works are being carried on, from the street or thoroughfare, with a con- venient platform and handrail, if there be room enough, to serve as a footway for passengers, outside of such hoard or fence, and shall continue such hoard or fence, with such plat- form and handrail as aforesaid, standing and in good condition, to the satisfaction of the M. and T. C., during such time as the public safety or convenience requires, and shall, in all cases in which it is necessary, in order to prevent accidents, cause the same to be sufficiently lighted during the night :— Fine on every person failing to put up such fence, etc., with such handrail, or to continue the same respectively standing and in good con- dition, during the time aforesaid, or while the said hoard or fence is standing, to keep the same sufficiently lighted in the night, or not re- moving the same when directed by the M. and T. C., within a reason- able time (in addition, etc., asin s. 95). No person to build or place, or to cause to be built or placed, any koker, tunnel, or bridge, in or upon any public canal, trench, or drain of G., without first obtaining the permission of the M. and T. C.; who shall have full power and authority to deter- mine in what manner such koker, tunnel, or bridge is to be built or placed. ORD 25, ’60 $96 Dangerous places, $ 97 Hoards. $99 No tunnel or bridge upon any public trench without per- Mission, ORD 25, ’60 5 100. S$ 101 Houses to be provided with sufficient gutters and pipes. § 102 Trees which injure streets, etc. $ 103 Mangy or diseased dogs, $ 104 Boat obstructing drainage, § 105 Boat obstructing tle s'ellings or 8 reots, 464 MAGISTERIAL LAW. If any such koker, etc., shall be hereafter built, ete., without such permission, or contrary to the manner determined by the M. and T. C., they may forthwith destroy the same :— Fine on person by whose order the same shall have been so built, etc., not excdg. $96; recoverable by the T. Clerk, payable by Rec.-Gen. to Town Funds (ord. 5, °72, p. 181). Removal of kokers, etc., existing at date of ord. The M. and T. C. shall have full power and authority to require the owner of any buildings in G. adjoining any public street, road, or thoroughfare, to cause the roof thereof to be supplied with sufficient gutters and pipes, so as to prevent any water therefrom dropping upon or running into or over such public street, road, or thoroughfare, or injuring any public dam or parapet in G., within such time as they shall direct by an order in writing to be served by the T. Sup. upon such owner :— Fine on any owner failing to comply, not excdg. $96; recoverable by the T, Clerk, payable by Rec.-Gen. to Town Funds (ord. 5, 72, p. 181). Power for the M and T. C. to require the owner of any tree hanging so as to injure any street, etc., or to be dangerous, to cause the same to be pruned. In default, power to enter and cause the same to be pruned. Power for any person to cause any mangy or diseased dog found loose within the city, upon any public street, road, thoroughfare, dam, or parapet thereof, or on his own premises, to be seized and secured, and if the P. Mag. shall certify in writing that the same was in his opinion in such a state of infectious disease as to be dangerous to other animals coming in contact therewith, such dog shall be forthwith destroyed. P. Mag. must inspect any dog so found at large, and brought to him, and certify in writing his opinion of its state. No boat or eraft of any description shall be permitted to ground in any of the public draining canals or trenches of G., or to obstruct the drainage thereof, or to remain in any of the public canals of G., except for the purpose of loading or un- loading, and then only for the space of 6 hours at one time, unless by special permission from the T. Sup. :— Fine on every offender, not excdg. $24—powerfor any p. 0. or t. con- stable to seize, remove, and detain any such boat or other craft until penalty be paid, with costs of removal. No boat or craft of any description shall be hauled on any of the public stellings, dams, streets, thoroughfares, or parapets of G., either for the purpose of being repaired, or for any other purpose :— Fine on offender, and power to size as in s, 104, MUNICIPAL—GEORGETOWN. 465 Should any boat or craft seized under ss. 104 or 105 not be claimed and released in 10 days after public adv. of such seizure, the same shall be publicly sold by the T. Sup., and the proceeds paid in aid of the town funds; but the owner shall be entitled, within 12 calendar months thereafter, to claim and receive from the M. and T. C. the balance of proceeds, less penalty, costs, and expenses. No timber, bricks, or other articles shall be laid or placed, except for the purpose of loading or unloading, and then only for the space of 2 hours, unless by special permission of the T. Sup.,in the public canals or on any of the public stellings, dams, streets, thoroughfares, or parapets of G. :— Fine on offender, not excdg. $24—power for any p. o. or t. constable to seize, remove, and detain any such timber, etc., until penalty paid, with costs of removal. Should the same not be claimed and released within 10 days after public advt. of such seizure the same shall be sold as in 8, 105, with like liberty to the owner to claim the balance of proceeds within 12 months. No person to expose for sale any goods, wares, or merchandise on any of the public stellings of G., except on the market stelling, with the permission of the Clerk of the markets. All such goods, etc., may be forthwith removed, at the owner’s expense, by any p. o. or t. con. :— Fine on offender, not excdg. $24. No person to place or leave, either by day or night, any cart, carriage, or other vehicle, on any public street, place, or thoroughfare of G., or on any dam or parapet thereof, without any driver actually in charge of same :— Fine on offender, not excdg. $24, and any such cart, etc., may be forthwith removed at the owner’s expense by any p. o. or t. constable, and detained until penalty be paid. Every person who (in G.) throws or lays any dirt, dung, or night soil, or any dead animal, fish, offal, broken bottles, ware, or rubbish, on or into any other person’s premises, or on or into any public street, thoroughfare, place, dam, parapet, drain, or trench ;—Or who causes any offensive matter to run on or into any other person’s premises, or into any public street, thoroughfare, place, or dam :— Fine on offender, not excdg. $24. Every person who, without the sanction of the M. and T. C., digs or removes any earth, burnt brick, or road metal from any of the dams, parapets, streets, trenches, or public places of G., or who without such sanction opens any of the draining sluices or kokers of G. :—- ORD 25, ’60 When boat not claimed, When sold, claims on pro- ceeds, S 106 Timber, bricks, etc., on the stellings or streets. Claims, $ 107 Mer- chandise not to be exposed for sale on the stellings, $108 Vehicles on the streets without a driver. § 109 Throw- ing offensive matter into the streets or private premises. § 110 Re- moving earth from the streets, ORD 26, ’60 S 111 Penalty, OFFENCES. Cart, etc., obstructing. Timber on cart, badly guided. Horse, ete., ou fuotway, Furniture, etc., obstructing street, Suspended goods obstruct- ing street, etc. Grooming, etc., on street, ete, Rolling casks on street, etc. Clothes lines, etc., on street, ete, Depositing stones, etc., on street, etc, Unguarded flower pots, etc., in windows. Throwing alates, etc., from roof. 466 MAGISTERIAL LAW. Fine on offender, not excdg. $50, and any p. o. or t. constable may take without warrant, and forthwith convey before.the P. Mag. any per- son who, within his view, commits any such offence. Fine on every person who, in any part of G., to the obstruction, annoyance, or danger of the residents or passengers, commits any of the following offences, not excdg. $24 :— (1) Every person who, by means of any cart, carriage, sledge, truck, or barrow, or any animal, or other means, wilfully causes any obstruction in any street, footpath, or other public thorough- fare. (2) Every person who causes any tree, timber, spar, plank, or board to be drawn in or upon any cart or other vehicle without having sufficient means of safely guiding the same. (8) Every person who leads or rides any horse or other animal, or draws or drives any cart or carriage, sledge, truck, or barrow upon any footway of any street or thoroughfare, or fastens any horse or other animal so that it stands across or upon any footway. (4) Every person who places or leaves any furniture, goods, wares, or merchandise, or any cask, tub, basket, pail, or bucket, or places or uses any standing place, stool, bench, or stall on any street, thoroughfare, or footway. (5) Every person who places, hangs up, or otherwise exposes any goods, wares, merchandise, matter or thing whatsoever, so that the same project into or over any street or thoroughfare, so as to obstruct or incommode the passage of any person over or along the same. (6) Every person who grooms or washes any cattle, or cleans or washes any vehicle, upon any street, footpath, or other public thoroughfare. (7) Every person who rolls any cask or vat upon any street or thoroughfare between the hours of 8 a.m. and 6 p.m., except for the purpose of loading and unloading any cart or carriage. (8) Every person who places any line, cord, or pole across any street, or hangs or places any clothes thereon, or lays or places any clothes on any public street, place, thoroughfare, dam, or parapet. 9) Every person who throws or lays down any stones, coal, shells, bricks, timber, iron, or other materials (except building materials so enclosed as to prevent mischief to passengers, and except materials for the repairs of the public roads, or for other purposes of the town placed by the sanction of the T. Sup.) on any street, thoroughfare, bridge, dam, or parapet, or in any canal (sce ss. 106 and 109). (10) Every person who fixes or places any flower-pot or box, or other heavy article, in any upper window without sufliciently guarding the same from falling down. (11) Every person who throws from the roof, or any part of MUNICIPAL—ROBB'S TOWN. 467 any house or other building, any slate, brick, rubbish, or other thing. (12) Every person who does not sufficiently fence any pit or drain left open, or who leaves such open pit or drain without a sufficient light after sunset to warn and prevent persons from falling thereinto (sce ss. 95, 96, and 97). Any p. 0. or t. constable may take, without warrant, and forthwith convey before the P. Mag., any person who, within his view, commits any offence in this s. _ Every retail spirit dealer or keeper of any tavern, or person licensed to sell fermented or distilled liquors by retail, to be drunk or consumed on the premises, within the city, who harbours or entertains in his public-house, or place wherein he carries on his business, any p. o. or t. constable during any part of the time for his being on duty, unless for the purpose of quelling any disturbance, or restoring order :— Fine, not excdg. $24. Every person keeping any place of public resort within the ae city for the sale or consumption of refreshments of any kind, who knowingly suffers common prostitutes or reputed thieves to assemble and continue in his premises :— Fine, not excdg. $50. The provisions of the New Town Act continued, where not repugnant to this ord. All penalties imposed under (this) Part IV. of this ord., for the recovery whereof no special provision has been made, may be sued for by any person whomsoever. For General Legal Procedure under this ord., see Part XII. under “ SANITARY—Georgetown.” All persons whom it may concern shall pay every such tax to the T. Clerk in such proportions or instalments and at such times as the M. and T. C. may, by public notice in the O. G., from time to time direct, and the T. Clerk is hereby authorised and empowered to receive the same, and in default of payment to proceed for recovery thereof by summary execution against the property in default. fobt’s Town. An ord. for the general improvement of that part of G. called Robb’s Town. 8. 1 establishes a Board of Commissioners of Robb’s Town for the financial purposes of the ord. ORD 25, '60 Pits, ete., insufficiently fenced or lighted. 8 112 Spirit dealers entertain- ing constables on duty or harbouring dis- orderly persons— Prostitutes or eves, §-113. $114 Recovery of penalties. S 66 Mode of recovering town taxes. ORD 11, '64 ORD 11, ’64 S 30 In. fringement of bylaws. Evidence. Buildings erected con- trary to by- laws, 5 38. ORD 17, ’64 Definition of limits. S 20 Breach of bylaws. 468 MAGISTERIAL LAW. Ss. 27-8 relate to the framing of bylaws, which by s. 29 are of no force unless published in the O. G. Every person committing a breach of any of said by- laws :— Penalty, not excdg. $10, and in case of a continuing offence, to a further penalty not excdg. $5 for each day after notice of the breach from the T. Sup. The production of a printed copy of the O. G. containing such bylaws shall be evidence of the existence and of the due making, con- firmation, and publication of such bylaws in all prosecutions and proceedings under the same, without adducing proof of the fact of such confirmation or publication of such bylaws. If any person, prior to the publication of or contrary to the said bylaws, shall erect or commence to erect any building in any part of the said ward of Robb’s Town, the M. and T. C. shall direct complaint to be made by the T. Sup. before the P. Mag. of G., and such Mag. shall thereupon summon before him the proprietor of the lot and shall enquire into such com- plaint, and in addition to any penalty which he is authorised to inflict under this ord. the said Mag. may, by order under his hand, direct the proprietor to take down the said building or such part thereof as he may require, within a time to be fixed in such order; and in case the same be not taken down within the time so limited, the M. and T. C. shall, with all convenient speed, cause the same to be taken down at the cost of the said proprietor, and they may recover the amount by summary exe- cution against the lot, subject, however, to the aforesaid preferent lien of the Coms. Procedure under ords. 19, ’56 and 5, ’68. S. 87 extends ord. 31, 50 to the Commissioners and their several officers and servants acting hereunder. See ‘‘ ActIoNs acatnst Js. P.,” etc., Introd., p. xvii. S. Cumingsburg—W. Ord. 17, 64. “Burnt District’? means that part of 8. Cumingsburg, W. Ward, in the city of G., which is bounded by the river Dem. on the W., Main-st. on the E., Bentinck-st. on the N., and Church-. st. on the 8. Ss. 17 and 18 provide for the framing of bylaws, and by s. 19 all bylaws when approved shall be published in the O. G. for general information, and when so published shall be binding upon and be observed by all parties whom they may concern. Every person committing a breach of any of said by- laws :— NEWSPAPERS. 469 Penalty, not excdg. $10; and in case of a continuing offence, to a further penalty not excdg. $5 for each day after notice of the breach from the T. Sup. The production of a printed copy of the O. G. con- taining such bylaws shall be evidence of the existence and of the due making, confirmation, and publication of such bylaws in all prosecu- tions and proceedings under the same without adducing proof of the fact of such confirmation or publication of such bylaws. If any person, prior to the publication of or contrary to the said bylaws, shall erect or commence to erect any building in any part of the ‘‘ Burnt District’’ (see 5. 1), the M. and T. C. may direct complaint to be made by the T. Sup. before the P. Mag., who shall thereupon summon before him the proprietor of the lot and shall enquire into such complaint, and in addition to any penalty which he is authorised to inflict under this ord., the said Mag. may, by order under his hand, direct the pro- prietor to take down the said building or such part thereof as he may require, within a time to be fixed in such order; and in case the same be not taken down within the time so limited, the M. and T. C. shall, with all convenient speed, cause the same to be taken down at the cost of the said proprietor, and they may recover the cost by summary execution against the lot. Summary procedure under ords. 19, ’56 and 5, ’68. NEWSPAPERS. Ord. 26, ’39. No person shall print or publish, or cause to be printed or published, any newspaper, until they shall have delivered to the Gov.-Sec., or Ass.-Gov.-Sec., at the public office in G., or at New-Am., as the case may be, a declaration in writing setting forth the correct title of the n. to which the same shall relate, and the true description of the house or building wherein such n. is intended to be printed, and also of the house or building in which such n. is intended to be published, by, or for, or on behalf of the proprietor thereof, and also setting forth the true name, addition, and place of abode of every person who is intended to be the printer, or to conduct the actual printing of such n., and of every person who is intended to be the publisher thereof, and of every person who shall be a proprietor of such n., such declaration to be made and signed by every person named therein as printer or publisher of the n. to which such declaration shall relate, and by the person or persons named therein as proprietor or proprietors; and a declaration of the ORD 17, ’64 § 21 Buildings erected prior or contrary to by- laws. § 25. ORD 26, '39 $ 1 News- papers. 470 MAGISTERIAL LAW ORD 26, ’39 ig like import to be made, signed, and delivered in like manner, en fresh * declaration to | Whenever and so often as any share, interest, or property be made, soever, in any n. named in any such declaration, shall be assigned, transferred, divided, or changed by act of the parties, or by operation of law; and also whenever and so often as any printer, publisher, or proprietor, named in any such declaration, or the person conducting the actual printing of the n. named : in any such declaration, shall be changed, or shall change his ‘ place of abode; and also whenever and so often as the title of any such n., or the printing office, or the place of publication thereof shall be changed ; and also whenever in any case, or on any occasion, or for any purpose, the Gov., or C. of P., shall require such declaration to be made, signed, and delivered, and shall cause notice in writing for that purpose to be served upon any person, or to be left or posted at any place mentioned in the last preceding declaration, delivered as aforesaid, as being a printer, publisher, or proprietor of such n., or as being the place of printing or publishing any such n. respectively. Every such declaration shall be made before the C. Reg. of Dem. and Kss., and As. Reg. of Berbice, as the case may be; and such Regs. are, and each of them is, ‘hereby severally and respectively authorised and required to take and receive such declaration as False orde- aforesaid. If any person shall knowingly and wilfully sign and feetive declora- make any such declaration in which shall be inserted or set forth the name, addition, or place of abode of any person as a proprietor, publisher, printer, or conductor of the actual printing of any n. to which such declaration shall relate, who shall not be a proprietor, publisher, or printer thereof, or from which shall be omitted the name, addition, or place of abode of any proprietor, publisher, or printer, or conductor of the actual printing of such n., contrary to the true meaning of this ord., or in which any matter or thing by this ord. required to be. set forth, shall be set forth otherwise than according to the truth, or from which any matter or thing required by this ord. to be truly set forth, shall be entirely omitted; every such offender being convicted thereof, shall be deemed guilty of a misd. § 2 Printing If any person shall knowingly and wilfully print or publish, oie’ or shall cause to be printed or published, or either as a pro- without declara-_prietor or otherwise sell or deliver out any n., relating to which ; such declaration as aforesaid, containing such matters and things as are required by this ord. to be therein contained, shall not have been duly signed and made and delivered, when and so often as by this ord. is required, or any other matter or thing required by this ord. to be done or performed, shall not have been accordingly done or performed. Every person in any such case offending, shall forfeit for every such act done the sum of $250 for every day on which any such n. shall be Before whom. NEWSPAPERS. 471 printed or published, sold, or delivered out, before or until such declaration shall be signed and made and delivered, or before or until such other matter or thing shall be done or performed, as by this ord. is directed. All such declarations as aforesaid shall be filed and kept for safe custody in the public office of the Gov. Sec., and copies thereof certified to be true copies as by this ord. is directed, shall respectively be admitted in all proceedings—civil and criminal—and upon every occasion whatsoever touching any n. mentioned in any such declaration, or touching any publication, matter, or thing contained in any such n., as conclusive evidence of the truth of al! such matters set forth in such declaration, as are hereby required to be therein set forth, and of their con- tinuance respectively in the same condition down to the time in question, against every person who shall have signed such declaration, unless it shall be proved that previous to such time such person became lunatic, or that previous to the publication in question on such trial, such person did duly sign and make a declaration that such person had ceased to be a printer, pub- lisher, or proprietor of such n., and did duly deliver the same into the office of the Gov. Sec. as aforesaid—or unless it shall be proved that previous to such occasion as aforesaid, a new declaration of the same or a similar nature respectively, or such as may be required by law, was duly signed and made and delivered as aforesaid, respecting the same n. in which the person sought to be affected on such trial did not join. And the said Gov. Sec., or As. G. S., shall, upon application in writing made to them or him respectively by any person re- quiring a copy certified, according to this ord., of any such declaration as aforesaid, in order that the same be produced in any civil or criminal proceeding, deliver such certified copy, or cause the same to be delivered to the person applying for the same, and in all proceedings, and upon all occasions whatsoever, a copy of any such declaration certified to be a true copy under the hand of the Gov. Sec. or As. G. 8., upon proof made that such cert. hath been signed with the handwriting of such Gov. Sec. or As. G. 8., shall be received in evidence against any and every person named in such declaration as a person making or signing the same, as sufficient proof of such declaration, and that the same was duly signed and made according to this ord. and of the contents thereof, and every such copy, so produced and certified, shall have the same effect for the purposes of evidence against any and every such person named therein as aforesaid to all intents whatsoever, as if the original declaration of which the copy so produced and certified shall purport to be a copy, had been produced in evidence, and been proved to have been duly signed and made by the person appearing by ORD 26, ’39 S 3 Declara- tions to be filed— certified copies evidence, Certified copies —how obtained. When evi- dence, ORD 26, ’39 When not necessary to prove the purchase of the paper. Unauthorised. or false certifi- cates. S 4 Service of legal process, S 5 Register, 472 MAGISTERIAL LAW. such copy to have signed and made the same as aforesaid. And whenever a certified copy of any such declaration shall have been produced in evidence as aforesaid against any person having signed and made such declaration, and a n. shall after- wards be produced in evidence, intituled in the same manner as the n. mentioned in such declaration is intituled, and wherein the name of the printer, and publisher, and the place of printing, shall be the same as the name of the printer, and publisher, and the place of printing mentioned in such declaration, or shall purport to be the same, whether such title, name, and place printed upon such n. shall be set forth in the same form of words as is contained in the said declaration, or in any form of words varying therefrom, it shall not be necessary for the plaintiff, informant, or prosecutor in any action, prosecution, or other proceeding, to prove that the n. to which such action, prosecution, or other proceeding, may relate, was purchased of the defendant or at any house, shop, or office belonging to or occupied by the defendant, or by his servants or workmen, or where he may usually carry on the business of printing or pub- lishing such n., or where the same may be usually sold. And if any person, not being the Gov. Sec. or the As. G. 8., shall give any certificate purporting to be such certificate as aforesaid, or shall presume to certify any of the matters or things by this ord. directed to be certified by such Gov. Sec. or As. G. 8., or which such Gov. Sec. or As. G. 8. is hereby empowered or intrusted to certify, or if any such Gov. Sec. or As. G. 8. shall knowingly and wilfully falsely certify under his hand that any such decla- ration as is required to be made by this ord., was duly signed and made before him, the same not having been so signed and made, or shall knowingly and wilfully falsely certify that any copy of any declaration is a true copy of the declaration of which the same is certified to be such copy, the same not being such true copy, every person so offending shall forfeit the sum of $500. In any such prosecution, or proceeding, civil or criminal, against any printer, publisher, or proprietor of any n., service at the house or place mentioned in any such declaration as aforesaid, as the house or place at which such n. is printed, or published, or intended so to be, of any notice, or other matter required or directed by this ord. to be given or left, or of any summons, citation, intimation, rule, order, or process of what nature soever, either to enforce an appearance or for any other purpose whatsoever, shall be taken to be good und sufficient service thereof respectively upon and against every person named in such declaration as the printer, publisher, or proprietor of the n. mentioned in such declaration. The Gov. Sec. and the As. G, S. in Berbice, as the case may NEWSPAPERS. 473 be, shall cause to be entered in a book to be kept for that pur- pose in his office, the title of every n. registered at his office, and also the names of the printers and publishers thereof, as the same appear in the declarations required by this ord. to be made relating to such n. respectively, and all persons shall have free liberty to search and inspect the said book from time to time during the hours of business at the said office without payment of any fee or reward. ‘ The printer or publisher of every n. shall, within 24 hours after such n. shall be published, deliver or cause to be delivered into the Gov. Sec.’s office in G., if published in any part of Dem. and Ess., or As. G. 8. in New-Am., if published in any part of Berbice, one copy of every such n. so printed or pub- lished, with the name and place of abode of the printer or publisher thereof signed and written thereon after the same shall be printed by his proper hand and in his accustomed manner of signing, or by some person appointed and authorised by him for that purpose, and of whose appointment and authority notice in writing signed by such printer or publisher in the presence of and attested by the Gov. Sec. or As. G. S. shall be given into the office of the Gov. Sec. in G. or As. G. 8. in Berbice, as the case may be; and the same copies shall be carefully kept by the said respective Sec., and such printer or publisher shall be entitled to demand and receive from the said Secs. the amount of the ordinary price of the newspapers so delivered. Every printer and publisher of such newspaper who shall neglect to deliver or cause to be delivered, in manner hereinbefore. directed, such copy or copies signed as aforesaid, shall for every such neglect forfeit and pay the sum of $100. In case any person shall make application, in writing, to the said Sec., in order that any newspaper so signed as aforesaid may be produced in evidence in any proceeding, civil, or crim- inal, the said Sec. shall, at the expense of the party applying at any time within two years from the publication thereof, either cause such newspaper to be produced in the Court in which, and at the time when the same is required to be produced, or shall deliver the same to the party applying for the same, taking, according to their discretion, reasonable security, at the expense of such party, for returning the same to the office of the said Secs., within a certain time to be fixed by them respectively; and in case, by reason that such newspaper shall have been previously applied for in manner aforesaid by any other person, the same cannot be produced or cannot be delivered, according to any subsequent application, in such case the said Secs. respectively shall cause the same to be produced, or shall deliver the same as soon as they are enabled so to do; and all copies so delivered as aforesaid shall be evidence against every printer, ORD 26, ’39 $ 6 Copies of newspapers to be delivered to the Gov. Sec. Neglect so to do. Production of such copies as evidence. ORD 26, '39 8 7 Particulars to be printed on newspapers, Wilful default, $ 8 Recogni- zances, or bond for securing fines, in event of conviction for libels. A474 MACISTERIAL LAW. publisher, and proprietor of every such newspaper respectively in all proceedings, civil or criminal, to be commenced and carried on, as well touching such newspaper as any matter or thing therein contained, and touching any other newspaper, or any matter or thing therein contained which shall be of the same title, purport, or effect with such copy so delivered as aforesaid, although such copy may vary in some instances or particulars, either as to title, purport, or effect ; and every printer, publisher, and proprietor of any copy so delivered as aforesaid, shall to all intents and purposes be deemed to be the printer, publisher, and proprietor respectively of all newspapers which shall be of the same title, purport, or effect with such copies or impressions so delivered as aforesaid, notwithstanding such variance as aforesaid, unless such printer, publisher, or proprietor: shall prove that such newspapers were not printed or published by him, nor by nor with his knowledge or privity. At the end of every n., and of any and every supplement sheet, or piece of paper, shall be printed the christian name and surname, addition and place of abode of the printer and publisher of the same; and also a true description of the house or building wherein the same is actually printed and published respectively, and the day of the week, month, and year, on which the same is published. If any person shall knowingly and wilfully print or publish, or cause to be printed or published, any n. or supplement thereto, whereon the several particulars aforesiid shall not be printed, or whereon there shall be printed any false name, addition, place, or day, or whereon there shall be printed any description of the place of printing or publishing such n., which shall be different in any respect from the de- scription of the house or building mentioned in the declaration required by this ord. to be made relating to such n., as the house or building wherein such n. is intended to be printed or published, every such person shall, for any and every such offence, forfeit the sum of $100. _ No person from and after thirty days after the passing of this ord., shall print or publish (for sale) any n., or any pamphlet, or other paper, containing any public news, intelligence, or occur- rences, or any remarks or observations thereon or upon any matter (public or private), until he shall have entered into and shall have executed in the presence of, and delivered to, the C. Reg. of Dem. and Ess. and As. Reg. of Berbice, as the case may be, a bond to H. M., etc., together with 2 sufficient sureties, to the satisfaction of the said Reg., every person printing or publishing any such n. or pamphlet, or paper aforesaid, in the sum of $1500, and his or her sureties in a like sum, jointly and severally conditioned, that such printer or publisher shall pay to H. M., etc., every such fine or penalty as may ai any time be NEWSPAPERS. 4T5 imposed upon or adjudged against him or her, by reason of any conviction for printing or publishing any blasphemous or se- ditious libel at any time after executing such bond as aforesaid ; —Every person who shall print or first publish any such n., pamphlet, or other paper, without having executed and delivered such bond with such sureties as aforesaid, shall for every such offence forfeit the sum of $100. In every case in which any surety or sureties in any such bond shall have been required to pay, and shall have paid the whole or any part of the sum for which he, she, or they shall have become surety, or in case any surety shall die or quit the Col. or become insolvent—then and in every such case the person or persons for whom such surety or sureties shall have been bound, shall not print or publish any n. or pamphlet, or other paper aforesaid, unless he or she shall have executed a new bond with sufficient sureties in the manner and to the amount aforesaid, within ten days after such death or departure from the Colony, or insolvency as aforesaid; and in case he or she shall print or publish any such n. or pamphlet, or other paper as aforesaid, without having executed such new bond as aforesaid, he or she shall forfeit for every such offence the sum of $100. If any surety or sureties shall be desirous to withdraw from such bond, it shall and may be lawful to and for him or them so to do, upon giving twenty days’ previous notice in writing to the C. Reg. in G., or As. Reg. in Berbice, as the case may be, and also to such printer or publisher; and that in any such case every such surety or sureties from and after the expiration of such notice shall not be liable upon the said bond, other than and except for any penalty or penalties before that time imposed or incurred, and for which he or they would otherwise have been liable under the said bond ;—In every such case, the per- son for whom such surety or sureties shall have been bound, shall not print or publish any n. or pamphlet, or other paper aforesaid until he or she shall have executed a new bond with sufficient sureties in manner and to the amount aforesaid ; and in case he or she shall print or publish any such n. or pamphlet, or other paper aforesaid, without having executed such new bond as aforesaid, he or she shall forfeit for every such offence the sum of $100. _ All the penalties imposed by this ord. shall be recoverable before any Court having competent jurisdiction, according to the respective amounts of the penalties hereby and herein im- posed. (Ord. 19, ’56, under $48; over $48 and up to $240, Inf. Crim. Court.) Any Court of Justice before which any suit shall be brought or be depending for the recovery of any penalty under this ord. ORD 26, '39 Failure to execute same, $ 9 On dis- charge of sureties in any way— new bond, with sureties. $10 When sureties may withdraw. New bond, 6 11 Penal- ties—how re- coverable, 8 12 Mitiga- tion of penalty. ORD 26, '39 $13. ORD 1, 65 § 2 Intimi- dating, etc., by threat of obeah. S 3 Consulting obeah, . S 4 When search warrant may be issued. 476 MAGISTERIAL LAW. not excdg. $100, to mitigate or lessen any such penalty in such manner as such Court in its discretion shall think fit, to not less than one-fourth part thereof. Repeal clause. OBHAH. Ord. 1, '55. Every person practising or pretending to practise obeah or witchcraft, or pretending or professing by means thereof to tell fortunes or to discover stolen goods or to deceive or impose upon any person ;—misd. :— Inf. Court :—punishment—I1st offence, impr., with h. 1., not excdg. 12 cal. months, and if a male, public whipping at such place and time during the term as the Court shall direct; or if a female, s. c. during the term not excdg. 1 cal. month at any one time and not excdg. 3 cal. months in the whole: subsequent offence—Sup. Court—impr., not excdg. 3 yrs., and if a male, in addition, once, twice, or thrice publicly whipping ; or, if a female, s. c. during the term, not excdg. 1 cal. month at any one time, and not excdg. 3 cal. months in any one year. Any person who shall, by threatening to have recourse to the practice of obeah, extort, or attempt to extort, money from any person or persons, or intimidate, or attempt to intimidate, or in anywise injure any person whomsoever ;—misd. :— Same punishments for the first and subsequent offences, respectively, asins. 1. Any person who shall apply to or consult any one practising or pretending or professing to practise obeah or witcheraft ;— misd. :— Punishment—impr., with or without h. 1., not excdg. 12 cal. months. If it shall be shown, upon the oath of a credible witness, that there is reasonable cause to suspect that phials, images, or any other articles or things used in the practice of obeah or witchcraft, are in the possession of any person, it shall be lawful for a J. P., by warrant under his hand, to cause any place whatsoever belonging to or under the control of such person to be searched either in the day or in the night, and if such articles or any of them shall be found in any place so searched, to cause the same to be seized and brought before him or some other J. P., who shall cause the same to be secured for the purpose of being produced:in evidence in any case in vhich they may be required. OLD METALS. ATT OLD METALS. Ord. 14, 62. ‘¢The Old Metal Dealers Ord., 62.” ‘Dealers in old metals” —any person dealing in, buying, or selling old metal of any kind or description, scrap metal, broken metal, or partly manufactured metal goods, or defaced old metal goods, or portions of machinery, and whether such person deals in such articles only, or together with other things. ‘Old metal” =the suid articles or any of them. It shall be lawful for any Sp. J. P., ‘upon complaint made before him, upon oath, that the complainant has reason to believe and does believe that any old metal stolen or unlawfully obtained is kept in any house, shop, room, or place by any dealer in old metals, to give authority by special warrant to any constable or p. o. to enter in the daytime such house, shop, room, or place, with such assistance as may be necessary, and to search for and seize all such old metals there found, and to carry all the articles so seized before the J. P. issuing the said warrant, or some other Sp. J. P., and such J. P. shall there- upon issue a summons requiring such dealer to appear before him at a time and place to be named in such summons, and if such dealer shall not then and there prove to the satisfaction of such J. P. how he came by the said articles, or if any such dealer be found ‘in the possession of any old metal, which has been stolen or unlawfully obtained, and on his being taken or summoned before a Sp. J. P. it shall be proved to the satis- faction of such J. P. that at the time when he received it he had reasonable cause to believe it to have been stolen or un- lawfully obtained :— \ In either of such cases, fine on dealer, not excdg. $24, and for any subsequent offence to a oe not excdg. $100, or at the discretion of the J. P. in the case of such second or subsequent offence, impr. and h. 1. not excdg. 3 cal. months. Nothing herein contained shall interfere with or affect any proceeding by indictment to which such dealer in old metals may be liable for feloniously and knowingly receiving stolen goods, but no person shall be prosecuted by indictment and also proceeded against under this ord. for the same offence. See ord. 22, ’62—‘‘ Larceny.” When any dealer in old metals is convicted of either of the offences aforesaid, it shall be lawful for such J. P., or, on proof of such conviction, for any other 8. J. P., to order and direct that such dealer shall be registered at the principal p. o. of 32 ORD 14, 62 § 2 Interpreta- tion. S 3 Dealer in old metals in possession of stolen property. Search war- rant, S 4 Order for dealer to be registered. 478 MAGISTERIAL LAW. ORD 14, '62 such county in a book to be kept by the county insp. of p. for the purpose (Form 1), and from and after such registration such dealer shall be subject to and shall conform to the several regulations hereinafter provided, for such period not excdg. 8 yrs. as such J. P. shall order, and if such dealer shall during such period be convicted of any offence under this ord., the J. P. so convicting him may order the period for which he is then subject to such regulations to be extended for not more than 8 yrs. from the time when such period would otherwise expire. $5 Registered Every dealer in old metals, who is subject to the regulations: cote ereiwnge Of this ord. as aforesaid, shall, upon removing to any other of place of place of business, give notice of such removal at the p. s. where business. . . he is registered ;— If he shall continue to carry on business as a dealer in old metals without giving such notice, he shall incur a penalty not excdg. $24, and a penalty not excdg. $2 for every day after the first on which he continues to carry on such business without giving such notice. Where such dealer shall remove to any place out of the county in which he has been registered, it shall be the duty of the insp. of p. for such county to transmit a certificate of such registration signed by himself, which shall be evidence of such registration, together with a certified copy of any order of a Sp. J. P. as to the period for which such dealer is to be subject to the regulations of this ord. to the insp. of p. of the county in which such dealer has taken up his residence, and any Sp. J. P. may thereupon issue a summons to such dealer to appear before him, and if it shall appear to such J. P. that he intends carrying on business as a dealer in old metals, such J. P. may _Reregistra- order him to be registered in the same manner as in g. 4 of this ont ord., and such registration shall have the same effect, during the period for which such dealer is to be subject to the regula- tions of this ord. by any order of a Sp. J. P. as aforesaid. S 6 Places of It shall be lawful for any Sp. J. P. by order in writing to reeied dealer, authorise one or more insps. or serjs. of p. to visit at any time how visited. the places of business and inspect the goods and books of dealers in old metals who are subject to the regulations of this ord. as aforesaid, and who carry on business within the dist. of a county for which J. P. acts; and every such insp. or serj. shall, and is hereby empowered to, record in the book hereinafter required to be kept by every such dealer in old metals the day and hour of his visit, and to placé opposite the entry of every article examined by him his initials or name in attestation of the same. 67 Beene Every dealer in old metals who is registered as aforesaid Sbesueeal ta shall, during the period which a Sp. J. P. shall order as above tence provided, conform to the following regulations, that is to say:— (1) He shall keep a book or books fairly written, and shall enter OLD METALS. 479 therein (Form 2) an account of all such old metals as he may, from time to time, become possessed of, stating in respect of each article the name of the person who purchased or received the same, and the time at which and the name of the person from whom he purchased or received the same, adding in the case of every such last mentioned person a description of his business and place of abode; and he shall also enter in such book or books (Form 3) an account of all such old metals as he may from time to time sell or dispose of, stating in respect of such old metals the name of the person to whom he sold or disposed of the same, adding a description of his business and place of abode, and every such entry in such book or books shall be deemed and taken, unless the contrary be shown, to have been made by or with the authority of the dealer in old metals to whom such book or books belong. (2) He shall not by himself or any other person purchase or receive any old metals of any description before the hour of 9 a.m., nor after the hour of 6 p.m., nor shall he by himself or any other person purchase or receive old metals of any deserip- tion from any person apparently under 16 yrs., nor shall he employ any servant or apprentice, or any other person under 16 yrs., to purchase or receive old metals of any description. (8) He shall produce to any insp. or serj. of p. authorised as in s. 6, whenever thereto requested, the book or books required to be kept as aforesaid, and any old metals purchased or received by him then in his possession ; and such old metals shall be deemed to be in the possession of such dealer when they are placed in any house, outhouse, yard, garden, or place occupied by him, or shall have been removed with his knowledge and permission to any other place without a bond fide sale of such old metals having been made by him. (4) He shall without delay give notice to the officer on duty at the p. st. nearest to the place where he carries on business of any articles then in his possession or which shall thereafter come into his possession answering the description of any articles which have been stolen, embezzled, or fraudulently obtained, of which printed or written information containing a description of such articles is given to him by any officer of police. (5) He shall keep all old metals purchased or received by him without changing the form in which such articles were when so purchased, or disposing of the same in any way, for a period of 48 hours after such article bas been purchased or received. For any act or default contrary to the foregoing regulations, penalty not less than $5, and not excdg. $24, and for every subsequent offence, penalty not less than $24, and not excdg. $100. Procedure under ords. 19, 56 and 5, ’68, ORD 14, ’62 88. ORD 22, '61 $ 1 No pergon to deal by retail in opium and bhang without a licence, Exceptions. S 2 No druggist to sell opium except as a medicine. S 3 Retail licences. Default in rules, _ No consump- tion on premises, Spirit shop keeper not to have opium licence. S 4 Notice- board on shop. 480 MAGISTERIAL LAW. OPIUM. Ord. 22, ’61. No person to deal in, sell, barter, or otherwise dispose of any opium or bhang ;— Unless he shall at the time be possessed of a retail licence as herein provided ;— Or unless he shall sell or dis- pose of the-same to a duly authorised person from and out of the Col. B. Warehouse in accordance with the provisions of this ord, :— Punishment—for the first offence, fine, not excdg. $48, and not less than $24; for the second or any subsequent offence, fine, not excdg. $96, and not less than $48, Nothing herein contained shall extend or apply to any licensed druggist, or to any public hospital or dispensary, or to any estates’ hospital, save as hereinafter enacted. No licensed druggist ta sell or deliver to any person whatsoever any bh., nor any op., except upon the prescription or order in writing of a duly licensed med. pract., or except bond fide com- pounded as a medicine :— Fine, not excdg. $48, and not less than $24. The evidence should show by whom it was sold, to support « convic- tion. (Hill v. Klien, 2 R. C., 89.) This and following sections do not apply to licensed druggists, who require no separate licence to deal in opium. (Lillie v.Melville, 1 R.C., 61.) This s. does not restrict a licensed druggist to the sale of 5 grains of opium within 24 hours, as it does restrict a dealer in opium (%.), Alexander J. said:—“I cannot believe that it was the intention of the legislature to require persons living many hours distant from a druggist, to send every 24 hours for a quantity of landanum merely containing 5 grains.” Power for the Gov. to cause licences to deal in op. and bh. by retail, to be issued to persons applying for the same, subject to such rules and regulations as the Gov. and C. of P. shall be pleased from time to time to make, to be published in the O. G. Every licensed dealer in op. and bh. by retail, who shall make wilful default in any of such rules and regulations, shall forfeit his licence on such default being duly proved to the satisfac- tion of 8. J. P. No op. or bh. shall be allowed to be smoked or consumed on the premises of any licensed dealer therein. No holder of any licence to keep a retail spirit shop or liquor store shall be allowed to take out a licence to deal on the same premises in op. and bh. by retail. Every person licensed to deal in op. and bh. by retail, shall affix on the outside of the principal door or entrance to his store or shop a@ board whereon shall be painted in plain legible words OPIUM. 481 and figures his name and the words “licensed to deal in op. and bh. by retail ” :— Fine in default, not excdg. $48. See s, 16 of Tax Ord., “ EXcIsH,” as to licence (p. 271). Every dealer in op. and bh. by retail, shall keep a book showing the stock on hand, and the daily quantities of op. or bh. received, sold, 'or disposed of, with the names and addresses of all persons from whom such op. or bh. shall have been received, and to whom such op. or bh. shall have been delivered, and such book shall be written day by day, and shall be kept in the dealer’s store or shop, and shall be open at all times to the inspec- tion of the Com. of T. and of any person authorised in writing by him to inspect the same ; and no dealer in op. and bh. shall sell or dispose of, within any one period of 24 hours, to or for the use of any one person, any quantity of op. excdg. 5 grs., or any quantity of bh. excdg. 10 grs., or exedg. such other quantities respectively as the Gov. and C. of P. shall be pleased from time to time to direct. Any dealer in op. and bh. failing or neglecting to keep or pro- duce such book, or duly to make the necessary entries in such book, or knowingly selling or disposing of any op. or bh. in ewcess of the quantity allowed by law :— Fine, not excdg. $96, and not less than $24, See “ HxcIsE—Taxes "—s. 16 of Fax Ord., p. 271. In Shingali v. Birch (18 Sept., 76) the deft. was charged with being found on, etc., in the illegal possession of 101bs. of opium on the public stelling contrary to this ord. King J. said:—“ The appellant was observed by a p. c. on the steamer stelling with a canister in which, on his opening it by the desire of the C., was found a smalltincase containing the opiumin question. The appellant stated that the opium was part of 15lbs. which he had purchased, and he produced a receipt for it from one Smith. He called Smith in defence, who deposed that he is an importer of opium, which he bonds, and a licensed dealer in the article, holding both of the licences required by s. 16 of the Tax. Ord. of *75, viz., a licence to sell opium wholesale, and one to sell it by retail, and that he sold to the deft. the parcel in Court.” Conviction~ $24, or 14 days. The judge then referred to the Tax. Ord. of 75 and pro- ceeded :—“ Ord. 22, ’61 enacts (among other things) that no person shall deal by retail in opium without a licence, to be issued subject to the rules and regulations made from time to time by the-Gov. and C. of P. By s. 5 all dealers in opium are prohibited from selling or disposing of within any one period of 24 hours, or for the use of any one person, any quantity of opium excdg. 5 grs. The Tax Ord. does not sweep these re- strictions away. It has already been decided in this Court (Eppilie ». Burrowes, 2 R. C., 31) that the sale of opium by retail except in certain specified quantities being illegal, the purchase of opium in a larger quantity than that prescribed is illegal also.” Conviction affirmed, All op. or bh. to be hereafter introduced into this Col, shall ORD 22, ’61 § 5 Book of daily receipts and deliveries, The tax ord. does not affect 8. 5, $ 8 Importa- tion of opium, ORD 22, ’61 S$ 9 Duty to b> paid previous to removal, § 10 To be sold if not removed within 3 years. $11 Procuring opium or bhang contrary to the ord, $ 12 Selling from hospital, etc. Purchaser. § 13 Permit for removal. 482 MAGISTERIAL LAW. be imported in bond and deposited in the Col. B. Ware- house :— Fine on every person importing op. or bh. contrary to this s., or aiding or abetting in the illegal introduction thereof into this Col., $500, and forfeiture of all such op. or bh. Any duty which may at any time be legally payable upon op. or bh. intended to be used in the Col. shall be paid previously to the removal of the same from the Col. B. Warehouse, as well as all storage that may be due in respect thereof :— Duty, $14 per lb. If any op. or bh. stored in the Col. B. Warehouse shall not be removed within three years from the time when the same shall first be deposited therein, the Controller of C., after 10 days’ notice in the O. G., may sell the same by public sale to any licensed dealer in op. and bh., or to any licensed druggist, and deduct from the proceeds thereof the amount of duty and storage due in respect of such op. or bh., and the balance of such proceeds shall be paid to the owner thereof, on his application. No licensed dealer in op. and bh., and no licensed druggist, and no person in charge of an estate or public hospital, and no public dispenser, shall procure any op. or bh., except from the Col. B. Warehouse, and in quantities of not less than jlb. at a time ; and no other person whosoever shall procure any op. or bh. eacept from a licensed dealer, or if bond fide required for medi- cinal purposes or ordered in writing by a duly licensed med. pract. from a licensed druggist :— Fine on any person acting contrary, not excdg. $96, and not less than $24, and forfeiture of all op. and bh. procured. If any person shall sell, dispose of, or deliver to any other person, any op. or bh. forming part of the medical stores of any estates’ hospital, or public hospital, or dispensary, except upon the prescription or order in writing of a duly licensed med, pract.— Fine, not excdg. $96, and not less than $24. The person to whom such op. or bh. shall have been illegally sold, disposed of, or delivered, shall be subject to the like penalty, and such op. or bh. shall be forfeited. The Contr. of C. shall, on the application of any authorised person who may be desirous of removing op. or bh. from the Col. B. Warehouse, deliver to such person a permit unsigned, which shall state the quantity to be removed, the amount due thereon, if any, and also the amount of storage and the place to which the same is intended to be removed, with the name of OPIUM. 483 the purchaser ; and such person shall thereupon pay to the Rec.-Gen. and obtain his receipt for the amount so stated to be due, and the Contr. shall then sign and deliver the permit. If any Com., p. o., or constable shall know or have reason- able cause to suspect that any op. or bh. is in the illegal possession of any person, then and in such case upon oath made by such Com., p. 0., or constable before any 8. J. P. of the fact of such knowledge or cause of suspicion, such J. may, by warrant under his hand, authorise such Com., p. 0., or con- stable, with or without assistants, to enter the house or place wherein he shall know or suspect such op. or bh. to be kept, and to seize the same; and all op. or bh. so seized shall be forfeited :— Fine on the owner thereof, or the person in whose possession the same shall be found, not excdg. $96, and not less than $24. All op. and bh. declared liable to forfeiture may be seized by the Contr. or by any officer of Col. Customs, Com., p. 0., or constable. All op. and bh. seized as forfeited shall be deemed and taken to be condemned, and the Contr., by himself or any person authorised by him, shall advertise for sale and sell the same publicly to any licensed dealer or druggist, and shall pay the pro- ceeds of all such sales into the office of Rec.-Gen., unless the owner of the same, or some person authorised by him, shall, within 10 days from the day of the seizure, give notice in writing to such Contr. that he intends to claim such op. or bh. No claim to any op. or bh. seized shall be admitted unless such claim be entered in the name of the owner, with the addi- tion of his residence and occupation ; nor unless oath to the property in such op. or bh. be made by the owner or by his attorney or agent by whom such claim shall be entered, to the best of his knowledge and belief. If any claim shall be made to any op. or bh. seized, the validity of such seizure shall be tried and determined by any St. or Sp. J. P., who is hereby authorised to condemn such op. or bh., or to order it to be restored, as to him may seem right. No person shall be permitted to make a claim to such op. or bh., unless with such claim shall be deposited $15 to abide the costs. If any officer hereby authorised to seize any op. or bh. shall make any collusive detention or seizure, or shall deliver up or make any agreement to deliver up or not to seize any op. or bh. liable to forfeiture, or shall take any bribe, gratuity, recom- pense or reward for neglect or non-performance of his duty :— Fine, $500, and to be rendered incapable of serving H. M. in any office whatever in this Col, ORD 22, ’61 S 14 Search warrant. $15 Who may make seizures. § 16 Con- demuation of seizures, 817 When claim may ba admitted. § 18 Claim to be deter- mined by a 8. J.P. Deposit of $15. § 19 Collusive seizures. ORD 22, '61 S 20 Proof of authority of officer. § 21 Damages in actions on account of seizures. $ 22 Obstruc- tion of officers. SS 23-25. $ 26 Appro- priation of penalties, ete. Evidence. § 27 Mitiga- tion, etc., of penalty, eto, 484 MAGISTERIAL LAW. Every person who shall give, or offer, or procure to be given or offered, any bribe, recompense, or reward to or shall make any collusive agreement with any such officer as aforesaid, to induce him in any way to neglect his duty, or to do, conceal, or connive at any act whereby this ord. may be evaded :— Fine, $500. If upon any trial or complaint a question shall arise whether any person acting as an officer is authorised by this ord. to de- tain or make seizures, evidence by any such person or by any other person of his acting ag such officer shall be deemed suf- ficient, and such person shall not be required to produce his commission, deputation, warrant, or authority. In case any information, suit, or action shall be brought to trial on account of any detention or seizure made under this ord., and a sentence or judgment shall be for the claimant thereof, and the Judge before whom the cause shall have been tried shall certify on the record that there was a probable cause of detention or seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such detention or seizure be liable to any suit, action, indictment, or other prose- cution on account of such detention or seizure; and if any suit, action, indictment, or other prosecution shall be brought to trial against any person on account of such detention or seizure, wherein judgment or sentence shall be. given against the deft., the plt., besides the things detained or seized, or the value thereof, shall not be entitled to more than 4c. damages, nor to any costs of suit, nor shall the deft. in such prosecution be fined more than 24c. If any person shall molest, hinder, oppose, or obstruct any Contr., Com., or other officer acting in the execution of the powers and authorities granted under and by virtue of this ord., or any of them :— Fine, not excdg. $95, and not less than $24. 8. 23—repealed by ord. 26, 62. S. 24—summary Jurisdiction over fines not excdg. $96. Fines over $96 recoverable by Att.-Gen. by summary execution. 8. 25—procedure under ords, 19, ’56 and 5, ’68. Subject to s. 27, seizures, fines, etc., are payable to Rec.- Gen., who apportions under ord. 5, '72 (p. 181) one half of the nett proceeds thereof to the prosecutor or cplt. Every officer or person who shall detain, seize, inform, or prosecute under or by virtue of this ord. shall be a competent witness, notwithstanding he shall be interested in, or entitled to, a portion of the seizure, fine, penalty, or forfeiture. Power fo the Gov. ‘to order restoration of seizures, and also ORPHANS. 485 to remit or mitigate any fine, penalty, or forfeiture. Every fine, etc., when remitted shall be null and void, and when mitigated shall be appropriated and divided in accordance with the Gov.’s order (ord. 15, '70). “Opium ” = any op., whether pure or mixed with any ingre- dient or thing, and any preparation thereof or extract there- from, not being intended for medicinal purposes only. ‘‘ Bhang”’ = any bh., whether pure or mixed with any ingredient or thing, and shall also comprehend and include gange, whether pure or mixed with any ingredient or thing, and any preparation or extract of or from either of them. ‘‘ Commissary of T.” also defined. ORPHANS. Ord. 4, ’52. As to one J. 8. P. exercising powers vested in two Js. P., see ord. 12, ’68, s. 18, below. Ss. 1, 4-7, 9, 18, and 40 repealed by ord. 12, ’68, Ss. 2, 3, and 8 repealed by ord. 17, 57. All children as aforesaid, now and hereafter in B. G., not excdg. the age of 14 years, and not idiots or lunatics, shall be eligible to be received in said institution: those whose parents are both dead being preferred to those who may have one parent alive. Where there is any necessity for selection of one child from any two or more, the one who is most needy and desti- tute shall be preferred. Every J. P. upon its coming to his knowledge that any child under the age of 12 years and not labouring under either of the disabilities aforesaid, has been left an orphan, by the death of both parents, or has been deserted by both parents, shall associate with him some other J. P., and such two Js. P. shall inquire into the condition of such child, and the condition of the party in whose possession such child shall be, and if it shall appear to such Js. P. that the party in possession of such child is not entitled to such possession, and that such child is not properly fed, clothed, and educated, such Js. P. shall issue a warrant to any p. o. or constable, authorising him to take ™™ charge of such child and convey it to the said institution, and all expenses attending the conveyance of such child to the said institution shall be paid by the treasurer of the same. All children as aforesaid, not labouring under either of the ORD 22, ’61 Effect of. § 28 Inter- pretations. ORD 4, '62 $10 What children eligible, $11 Destitute children to be taken charge of, Charge war- it. § 12 Children on Poor's Figpds ORD 4, ’62 to be sent to asylum. § 13 Children under earo of Ad.-G. to be sent to asylum. § 14 Rights of A. G. pre- served, $15 Length of residence, 486 MAGISTERIAL LAW. disabilities aforesaid, under the age of 14 years, and who aré now or may hereafter become chargeable to the Church and Poor’s Fund, shall be transferred to said institution by the Board of Church and Poor’s Fund of Dem. and Ess. and of Berbice respectively, and any allowance granted to such children as aforesaid by the said Boards respectively shall be paid to the treasurer of said institution. And whereas there are many orphan children over the persons and properties of whom the Adm.-Gen. of Dem. and Ess., and of Berbice, have, respectively, been appointed guardians, and who are without sufficient means to procure them an education, and at the same time to provide for their maintenance, and it is desirable that an opportunity should be afforded to such children not only of being fed and clothed, but of being instructed and trained as aforesaid ; Be it therefore enacted, that every orphan child under the age of 14 years, not labouring under either of the disabilities aforesaid, now and hereafter, under the guardian- - ship of either A. G., and the amount of whose property in- dividually shall not exceed the sum of $500, to be ascertained, in case of need, by 3 appraisers, to be nominated and appointed in manner and form directed by the A. G. who shall be the guardian of any such orphan, shall be transferred and placed in said institution, and that for every such orphan who shall be possessed of any property not excdg. in value the sum of $500, the A. G. who is his guardian shall be liable for and shall pay to the said institution annually as long as any of such property shall remain a sum not excdg. in amount the sum which, when the amount of expenditure of the institution shall be divided by the number of children in the same, shall appear to be the charge annually for each of said children: Provided always, that the sums to be paid by either A. G. for any orphan under his guardianship, shall not exceed the sum of $40 per ann., or at that rate for any shorter period of time, and pro- vided, moreover, that in the event of the property being ex- hausted before any such orphan shall have arrived at the age of 14 years he shall not on that account be deprived of the benefits of the institution. Nothing in this ord. contained shall abridge, alter, or affect the rights, privileges, and authority of each A. G. as guardian of the properties of the minors of whom he is the guardian, save and except as to the payment of the annual sums as afore- said, or of the persons of said minors, save and except as abridged, altered, or varied by this ord., and the A. G. of D. and E., notwdg. anything to the contrary i in ord. 7, 51, may be appointed treasurer of said institution. All children admitted into said institution shall be held to be permanently admitted into the same, there to remain until the ORPHANS. 487 ORD 4, '62 time shall arrive for apprenticing them out as hereinafter pro- vided. No relation of any such child, or other person, shall _ Ulegal re- remove, or aid or assist in removing, except with the consent ™*» and approbation of the directors first had and obtained, or shall seduce, entice away, harbour, or conceal, or aid or assist in seducing, enticing away, harbouring, or concealing any such child. Punishment—fine, not excdg. $50; and, in addition, the Js. P. to issue a warrant, directed to any p. o. or constable, to arrest and take posses- sion of such child so removed, seduced, enticed away, harboured, or con- cealed, and restore the same to the said institution. The boys shall be instructed in reading, writing, and arith- _ $16 Secular metic, in all such branches of agriculture and in all such trades ene as the directors may think proper to order. The girls shall be instructed in reading, writing, and arithmetic, in plain sewing, cooking, washing, scouring, and all other matters of domestic economy. No order of the directors nor any bylaw shall oblige any , 817 Religions child in the institution born of Christian parents to attend or ‘ be present at any religious service which may be celebrated in it a mode contrary to the religious principles of the parents of such child, if known, nor shall authorise the education of any child in the institution born of Christian parents in any religious creed other than that professed by the parents or surviving parent of such child, and to which such surviving parent, or in the event of the death of both parents, the guardian or god- father or godmother of such child, being Christians, shall object. Any regular minister of the Christian religious per- Minister's suasion.of the parents of any child in such institution, may, at “"* such times in the day as the directors may appoint, visit such institution for the purpose of affording religious assistance to such child, and also for the purpose of instructing such child in the principles of his religion, and that Whenever there shall be 20 children or upwards of any particular denomination of Christians in said school, a teacher of such particular denomin- _ Binle teacher, ation shall be employed for the purpose of more especially attending to the religious instruction of such children, but that such teacher may, nevertheless, be made'useful in imparting secular instruction to the children in general. Before any child shall.be bound apprentice by the directors g 19 Ap- such child shall be carried before two Js. P. in G., who shall Prenticing. enquire into the propriety of binding such child apprentice to the person to whom it shall be proposed by such directors to bind such child, and such Js. P. shall particularly enquire and consider whether such person resides, or has his place of busi- ness within a reasonable distance from the place to which such child shall belong, having regard to the means of communica- ORD 4, ’62 5 20 Register of apprentices, Evidence of. § 21 Master to have copy of register. Fee. § 22 Obliga- tion of master. Obligation of apprentice. Incorporation of ord. in copy of register. § 23 Ap- prentice running away. 488 MAGISTERIAL LAW. tion between such places, or whether any circumstances shall make it fit in the judgment of such Js. P. that such child should be placed apprentice at a greater distance, and if the father or mother of such child shall be living and shall reside in or near to the place to which such child shall belong, such Js. P. shall, if they see fit, examine such father or mother, and shall parti- cularly enquire as to the distance of the residence or place of business of the person to whom it shall be proposed to place such child, and the means of communication therewith, and such Js. P. shall also enquire (etc., as in ord. 3, '54, 8. 2, p. 125). There shall be kept at the institution, by the master thereof, a register of all apps. bound out, and such register shall con- tain the number, date of appship., name and age of the app., the name and names, if known, of his parents, name of person to whom such app. is bound, the trade and residence of such person, the parties to the act of appship., including the Js. P. and two of the directors, and that all such particulars being entered in such register to be kept (Form A) shall be the act and articles of appship. A copy of such register purporting to be authenticated by such master as aforesaid, shall be evidence of such appship., and shall be so received by all Courts, Judges, Js. P., and Mags., without any further proof of appship., and without proof of the handwriting of such master, Every person taking an app. as aforesaid shall be furnished with a copy of such register authenticated as aforesaid, and such copy shall be considered and held to be the counter- part of the act or articles of appship. Such person shall pay to the treasurer of said institution a sum of not less than $10, to be applied to the use of said institution, and no appship. shall be valid or binding unless it shall appear by the register, or an authentic copy thereof, that such fee has been paid. Every person so taking an app. as aforesaid shall sign his name in the column Of the register appropriated to the same, and thereupon such person shall become bound and obliged to provide such app. during the continuance of the appship. with sufficient clothing, meat, drink, lodging, medical attendance, and all other necessaries. By the signature of any two of the direc- tors in the column of the register appropriated to the same, the said app. shall (etc., as in s. 5 of ord. 38, ’54, p. 126). A copy of this s. and of ss. 19, 20, and 21 of this ord. shall be printed at the foot of each authenticated copy of the register when given off as aforesaid. Same as s. 7 of ord. 8, ’54, p. 126. : Any Justice (etc., as ins. 8 of ord, 8, 54, which see), except as to Divine Service . . . by warrant under the hand of either of the said Js. P., and to be applied to the use of the institution. Such Js. P. shall, moreover, discharge from appship. such app. ORPHANS. 489 by warrant or certificate under their hands, for which warrant or certificate no fee shall be paid. Same as 8. 9, ord. 3, ’54, p. 126. S. 26—app. absenting himself—same as s, 10 of ord. 3, ’54, . 127. . Where any such app. shall have been discharged from his appship. to any person as aforesaid, under this ord., in conse- quence of the misconduct of any such master, it shall not be lawful for the directors of said institution to bind any other app. to such person, and every ind., articles of appship., and con- tract, of whatever kind, purporting to bind any child of the insti- tution to any such person, shall be null and void. When any child as aforesaid shall be an apprentice to any person who shall be declared a bankrupt or adjudged an in- solvent, such bankruptcy or insolvency shall be and endure as a complete discharge from appship. of the app., who shall there- upon be bound out by the directors to any other person for the unexpired period of the original term. Within 3 calendar months after the death of any master or mistress, any two Js. P. may with the consent of any two of the directors (etc., as in s. 12 of ord. 3, ’54, p. 127). Such assignment shall be in the Form B or like effect. No such assignment shall be valid or good in law until the same shall be exhibited to the directors at the institution, and be countersigned by two of them at least, and recorded in the register of said institution. 8. 30—as to death of subsequent master—see s. 18 of ord. 8, 54, p. 127. 8. 31—where no application under s. 29—see s. 14, ord. 8, ’54, ib.; and the directors may apprentice out the child to some other person until the expiration of the original term. 8. 832—apps. must be resident—-see 8. 15 of ord. 8, ’54, ib. S. 8383—failure to maintain apprentice—see s. 16 of ord. 5, ’54, p. 128. 8. 34—assignment of app. Any master of any such app. as aforesaid, by and with the consent of two directors as aforesaid, and with the approbation (etc., as in s. 17 of ord. 3, ’54, ib.). Where any app. shall be discharged, the Js. P. discharging him may order the person who was his master to deliver up to such app. his clothes and wearing apparel, and also to pay to the said institution any sum not excdg. $25, to be applied to the uses of the said institution, or for the benefit of such app., as to such Js. P. shall seem meet, and also to pay any sum not excdg. $25. In case such master shall refuse to deliver up such clothes and wearing apparel :—- In default, distress, with reasonable expenses thereof, ORD 4, ’62 § 25 Ill-be- haviour of apprentice, S$ 27 Miscon- duct of master— ord. discharges apprentice. S 28 Bank- ruptcy of master. § 29 Pro- ceedings on death of master. § 35 Clotlies on discharge, ORD 4, ’62 § 38 No trans- fer, etc., without consent of J. P. and directors. 8 39 Harbour- ing or concealing apprentice. 8 41, S 42. ORD 12, ’68 490 MAGISTERIAL LAW. S. 36—ill-behaviour of app. to obtain discharge—as in s. 19 of ord. 3, 54, p. 128, Punishment—s, c., not excdg. 14 days. If any person to whom any child shall be bound app. under this ord. shall remove (ete., as in s. 20 of ord. 3, ’54, ib.) .. . written notice thereof to the directors aforesaid, who shall cause such app. to appear before 2 Js. P. . . . who shall inquire, ete. . . . and shall thereupon, with the consent of 2 of the direc- tors, make order, ete. :— Fine, not excdg. $25, to be paid to the treasurer of the institution. No master to put away or transfer any such apprentice ag aforesaid to any other person, or in any way to discharge or dis- miss from his service any such app. without the consent of two Js. P. and two of the directors aforesaid :— Fine, not excdg. $25, and cancelment of articles of appship: Every person who shall harbour, conceal, or employ any child, being at the time under appship. in virtue of this ord., or who shall remove and entice away, or shall solicit or entice any such child or app. to remove from the employment or service of his master :— Fine, $23, and payment to the master of $1 per diem of such harbour- ing, etc. Ifthe master of any such app. shall prove (etc., as in s. 22 of ord. 3, 54, ib.). Incorporation of ord. 31, ’50. Introd., p. xvii. Interpretation clause. The Industrial and Reformatory Schools Ord., ’68. Ord. 12, ’68. 8. 1 repeals ss. 1, 4, 5, 6, 7, 9, 18, and 40 of ord. 4, '52 and ord. 17, ’57. S. 2 embodies ord. with ord. 4, ’52. 8. 8 interprets S. J. P., Industrial School, Reformatory School, and Combined C. 8. 6 rests the property of the institution established by ord. 4, ’52 in the Crown for the support of the new institution. 8. 7 transfers the debts, etc., to the Colonial Government. 8. 8 appropriates the buildings—part to the Industrial School and part to the Reformatory School: both, (s. 9) to be under the Board of Education and visited by the Inspector of Schools. ORPHANS. 491 §. 10 empowers the Gov. to appoint a Managing Director, Master, and inferior officers. S. 11 empowers the Board of Education to frame regula- tions—to be binding when published in O. G. §. 12 provides for annual return of receipts and expendi- ture by B. of Ed. to C. of P., and report by Managing Director. In addition to the children who may be admitted into the Industrial School under ord. 4, 52, any person may bring before any 8. J. P. any child apparently under the age of 14 yrs. that comes within any of the following descriptions, viz. :— (1) That is found begging or receiving alms (whether actually or under the pretext of selling or offering for sale anything), or being in any street or public place for the purpose of so begging or receiving alms. (2) That is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence. (3) That is found destitute, either being an orphan, or having a surviving parent who is undergoing p. 8. or impr. (4) That frequents the company of reputed thieves. The 8. J. P., on being satisfied on inquiry of a child’s coming under one of those descriptions, and that it is expedient to deal with the child hereunder, may order him (ord. 9, ’56, 8. 1, p. i.) to be sent to the Industrial School. Where a child apparently under the age of 12 years is charged before a 8. J. P. with an offence punishable by impr., or a less punishment, but has not been convicted of fel., and the child ought in the opinion of the J. P. (regard being had to his age and to the circumstances of the case) to be sent to the Industrial School, the J. P. may order him to be sent to such school. Where the parent or step-parent or guardian of a child appa- rently under the age of 14 yrs. represents toa 8S. J. P. that he is unable to control the child, and that he desires that the child be sent to the Industrial School hereunder, the J. P., if satisfied on inquiry that it is expedient to deal with the child hereunder, may order him to be sent to the Industrial School. The order of a §. J. P. sending a child to the Industrial School (herein referred to as the order of detention) shall be in writing, and shall specify the time for which the child is to be detained in the school, at his discretion, but not after he attains 16 yrs. Such order (s. 20) to be forwarded to the master with the child, and to be a sufficient warrant for his conveyance thither and detention thete. No appeal therefrom (s. 46), An instrument purporting to be an order of detention in the Industrial School, and to be signed by a 8. J. P., or purport- ORD 12, ’68 $ 16 Children under 14 years. § 17 Children under 12 years charged with offences, $18 Re- fractory children under 14 years of age, $ 19 Order of detention. § 21 Evidence of, “ ORD 12, 68 S 22 Offender under 16 years. Proviso as to child under 10. S$ 23 Removal of offender. $ 24 Autho- rity for deten- tion. S 25 Refusal . to conform to rules, $ 26 Escape. To be sent back, Or to Ref. School. 8 27 Abetting escape, 492 MAGISTERIAL LAW. ing to be a copy of such order, and to be certified as such by the clerk to the 8. J. P. by whom the order was made, shall be evidence of the order. Whenever any offender who, in the judgment of the Court, is under 16 yrs., is convicted before the Supr. or an Inf, Court, or in a summary manner, of an offence punishable with p. x. or impr., the Court or J. P., instead of awarding a sentence of impr., may sentence him to be sent to the Reformatory School and to be there detained for a period of not less than 2 yrs., and not more than 5 yrs.: Provided always that a youtbful offender under 10 yrs. shall not be so directed to be sent to the Ref. School unless he shall have been previously charged with some crime or offence punishable with p. s. or impr., or is sentenced by a Judge of the Bupr. or an Inf. Court. The keeper of every prison having in his custody any youth- ful offender sentenced to be sent to the Ref. School shall de- liver such offender into the custody of the master of the Ref. School, together with the warrant or other document in pur- suance of which the offender is sent to the school. The possession of the warrant or other document in pur- suance of which a youthful offender is sent to the Ref. School, shall be sufficient authority for his detention in such school. If any child or youthful offender detained in the Ind. or Ref. School wilfully neglects or refuses to conform to the rules thereof :— He shall upon summary conviction before a 8. J. P. be imprd., with or without h. 1., for any term not excdg. 3 months, and if a male with or without w.; and at the expiration of the term of his impr. he shall be brought back to the school from which he was taken, there to be de- tained during a period equal to so much of his period of detention as remained unexpired at the time of his being sent to prison. If any child or youthful offender ordered or sentenced to be detained in the Ind. or Ref. School eseapes therefrom :— He may at any time before the expiration of his period of detention be apprehended without warrant, and if the Managing Director think fit, but not otherwise, may (any law to the contrary notwdg.) be then brought before a 8. J. P.; and he shall thereupon be liable on summary conviction before such J. P. to beimpr., with or without h. 1., not excdg. 3 months, and, if a male, with or without w.; and at the expiration of such term he shall be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping: Provided always that in the case of a child escaping from the Ind. School the 8. J. P. may direct him to be sent at the expiration of his term of impr. to the Ref. School, to be there detained subject hereto, Every person who :— (1) Knowingly assists, directly or indirectly, any child or youthful offender detained in the Ind. or Ref. School to escape from school ;— ORPHANS. 493 (2) Directly or indirectly induces such child or offender to escape from school ;— (8) Knowingly harbours, conceals, or prevents from return- ing to the school any child or youthful offender who has escaped from the Ind. or Ref. School :— Summary—fine, not excdg. $96, or impr., not excdg. 4 months, with or without h. 1. The Managing Director may permit a child, sent to the Ind. School hereunder, to lodge at the dwelling of his parent or of apy trustworthy and respectable person, so that the master of the Ind. School teaches and trains the child in the school as if he were lodging in the school itself, and so that the Managing Director reports to the Gov. in such manner as he thinks fit to require, every instance in which he exercises a discretion under this s. The Managing Director may, with the approval of the Gov., at any time after the expiration of 6 months of the period of detention allotted to a child, by licence under his hand, permit him to live with any trustworthy and respectable person named in the licence and willing to receive, teach, train, and take charge of him. Any licence so granted shall not be in force for more than 6 nonths, but may at any time before the expiration of those 6 months be renewed for a further period not excdg. 6 months, to commence from the previous period of 6 months, and so from time to time until the period of detention of the child is expired. Any such licence may also be revoked at any time by the Managing Director, by writing under his hand, with the approval of the Gov., and thereupon the child to whom the licence related may be required by him by writing under his hand to return to the school. The time during which a child is absent from school in pursuance of a licence shall, except where such licence has been forfeited by his misconduct, be deemed to be part of the time of his detention in the school, and at the expiration of the time allowed by the licence, he shall be taken back to the school. Any child escaping from the person with whom he is placed under a licence, or refusing to return to the Ind. School on the revocation of his licence, or at the expiration of the time allowed thereby, shall be deemed to have escaped from the school :— Same penalty as ins, 31. The Managing Director may at any time after a child has been placed out on licence as aforesaid, if he has conducted himself well during his absence from the school, bind him, with his own consent, until he shall complete the age of 18 yrs., app. to any trade, calling, or service, notwdg. that his period of detention 33 ORD 12, ’68 § 28 Lodging out of school. S 29 Licence to live out after 6 months. Duration. Revocation: Time under licence to count. Escape under licence, Refusal to return to school on revocation, S 30 Power to apprentice, ORD 12, ’68 $ 31 Evidence as to reception in school, S15 Ap- prenticing child in Ind. School. S 32 Power to apprentice youthful offenders, $ 33 Condi- tional pardons, § 34 Parent to maintain child. $ 35 Order for payment, 494° MAGISTERIAL LAW. has not expired, and every such binding shall be valid and effectual to all intents. A certificate purporting to be signed by the Managing Director, or by the Master of the Ind. School, to the effect that the child therein named was duly received into and is at the signing. thereof detained in the School, or has been duly discharged or removed therefrom, or otherwise disposed of according to law, . shall be evidence of the matters therein stated. Any child admitted into the Ind. School by virtue of ord. 4, 52, before or after the taking effect of this ord., may be bound by the Managing Director, with the approval of the Gov., app. to any trade, calling, or service until he shall complete the age of 18 yrs.; and every such binding shall be valid. All youthful offenders in the Ref. School who shall have arrived at the age of 13 yrs., and subject to such regulations as shall from time to time be made by the Board of Kd., may be apprenticed to any person carrying on any trade or calling, or as labourers or farm servants to the proprietor of any pl. or cattle farm, or as domestic servants to any respectable house- holder, for any period not exedg. 5 yrs., under the following restrictions :—(1) That no such youthful offender who has a parent living in the Colony and not under sentence of p. 8., or. of impr., for fel., shall, in the case of a first conviction, be apprenticed for more than one year without the consent of sueh parent; but such appship. may be renewed from year to year cwith such consent; (2) That no such youthful offender shall be apprenticed beyond the age of 18 yrs. When before or after the taking effect of this ord. a youthful offender has been sentenced to p. s. or to impr. and been par- doned by the Gov. on condition of his going to the Ref. School, the Gov. may direct him, if under 16 yrs., to be sent to the Ref, School for a period of not less than 2 yrs., and not more than 5 yrs.; and thereupon such offender shall be deemed to be subject hereto, as if originally sentenced to detention in the Ref. School. The parent of any child or youthful offender detained in the. Ind. or Ref. School shall, if of sufficient ability, contribute to his maintenance and training therein a sum not excdg. one dollar a week. On the complaint of the Master of the Ind. or Ref. School, or of any police officer or constable under the directions of the Master (with which directions every such police officer and constable is hereby required to comply), at any time during the detention of a child in the Ind. or Ref. School, any 8. J. P. may, on summons to the parent, examine into his ability to maintain the child, and may, if he think fit, make an order on him for the payment to the Master or his agent of such weekly sum not excdg. $1 a week, as to him seems reasonable, during the whole or any part of the time for which the child is liable to be detained in the Ind. ORPHANS. 495 or Ref. School, as the case may be. S. 36. Specifying the time during: which the payment is to be made, or directing the payment to be made until further order; and enforceable summarily by any 8. J. P. by distress, and, in default of sufficient distress, impr., with or without h. 1., not excdg. 3 months, ; Every such payment shall go in relief of the charges on the Col. Treasury in respect of the Ind. and Ref. Schools, and shall be accounted for by the Master, and paid over to the Rec.-Gen. within 7 days after the expiration of every month. | Power for the Gov. to remit, wholly or partially, any such payment, Power for any 8. J. P. from time to time to vary any such order, on application of the person on whom made, or of the Master of the Ind. or Ref. School, or his agent, on 14 days’ notice to the Master or such person respectively. No person who shall have attained the age of 16 yrs. shall be detained in the Ref. School, nor shall any person be detained in the Ind. School beyond that age except with his own consent in writing. The Gov. may at any time order any child or youthful offender’s discharge from the Ind. or Ref. School, absolutely or conditionally. ; 8. 42. Want of form not to invalidate forms—forms in sched. - with requisite variations may be used, and to be sufficient.. 8. 43. Service of notice on the Managing Director or Master of the Ind. or Ref. School, by the delivery of the notice to either of them, may be personally, or by letter, by post, or otherwise. 8. 44. The production of the warrant or other document with a statement endorsed thereon, or annexed thereto, purporting to be signed by the master of the School, to the effect that the offender therein named was duly received into and is at the date of the signing thereof detained in the School, or has been otherwise dealt with according to law, shall in all proceedings relating to such offender be evidence of the identity of, and of the due conviction and subsequent detention: a copy of the rules of the Ind. or Ref. School, purporting to be signed by the Managing Director, shall be evidence of such rules in all legal proceedings whatever. Whenever whipping may be awarded hereunder, the 8. J. P. shall. specify in the conviction the no. of strokes (not excdg, 25) and the instrument with which they shall be inflicted. Procedure under ords. 19, ’56 and 8 and 5, '68, No order under s. 19 shall be subject to review. Any one 8. J. P. shall have all the power, authority, and jurisdiction granted to 2 Js. P. by ord. 4, ’52, and may do all things provided thereby to be done by 2 Justices. The Managing’ ORD 12, ’68 $40 Discharge at 16 years. S$ 41 Ditto by Governor's order. Legal matters, § 45 Punish- ment. § 46 Pro- cedure, 8138. J. P.'s powers, ORD 12, ’68 § 14 Director's powers, ORD 24, °46 § 1 Certain felonies. S 2 Certain anisd, 496 MAGISTERIAL LAW. Director and any one S. J. P. may do all things required to be done by ord. 4, ’52 by 2 directors and 2 Js. P. Any child admissible into the Ind. School hereunder, may be admitted by order of the Managing Director. OTHER OFFENCHKS. Ord. 24, '46. Whenever any person shall be convicted of any of the follow- ing offences, that is to say— Breaking out of any prison in which such person shall be detained under sentence of any fel., or to which such person shall have been committed for any fel., or on suspicion thereof ;—the rescue or attempt to rescue or to set’ at liberty any person convicted of any capital fel. going to execution or during execution ;—or the rescue of, or aiding or assisting in the rescue of any person convicted of fel., or of any person charged with or suspected of or committed for any fel., or on suspicion thereof, where the person so charged, suspected, or committed shall be afterwards convicted of the fel.,—every such offender shall be guilty of fel. :— Punishment—impr., not excdg. 6 yrs., with or without h. 1., during the whole or any portion or portions thereof, When any person shall be convicted of any of the offences hereinafter specified and set forth, that is to say—Any attempt to commit any offence being fel. at common law in E., or made fel. by any st. of the Imperial Parl., or ord. in force in this Col. at the time of such attempt being made ;—blasphemy, writ- ing and publishing, or printing and publishing any blasphe- mous libel ;—estortion, bribery, conspiracy, escape, or aiding or assisting in, or voluntarily or negligently permitting any escape ;—breaking out of prison in which such person shall be lawfully detained on any civil process, or under sentence for any misd., or to which such person has been committed on any charge for misd.;—any rescue of, or attempt to rescue any person, when such offence shall not be punishable as a fel. ;— keeping a common gaming-house, a-common bawdy-house, or a common ill-governed and disorderly house ;—wilful and corrupt perjury, or subornation of perjury ;—affray, false impr., sending any challenge with intent to provoke, or otherwise endeavour- ing to provoke any person to commit a breach of the peace ;— sedition ;—writing and publishing or printing and publishing any seditious libel, or any libel reflecting on the administration of justice, or publishing any obscene print, writing, or picture ;—in’ PARISHES. 497 each and every of the above cases, every such offender shall be guilty of misd. :— Punishment—fine, or impr., with or without h. 1., notexcdg. 7 yrs., or both, as the Court shall direct. Whenever any person shall be convicted of any of the follow- ing offences, that is to say—Wilfully and knowingly selling any unwholesome provisions, committing or causing any nuisance of a public nature, every such offender shall be guilty of a misd. :— Punishment—fine, or impr., not excdg. 1 yr., with or without h, L, or both, as Court directs—no limit fixed for fine: sees. 5. All and every act or acts which if done or committed in E. would, according to the law of E., amount to or constitute any of the above- mentioned offences, shall be held to amount to and constitute the same offences in this Colony. When sentence of impr. with h. 1. is given, Court may order s. c. for any portion or portions of such impr., not excdg. 1 month ata time, and not excdg. 3 months per ann. PARISHES. ‘«The Parish of St. Andrew” to comprise and to have reference to all persons professing the Presbyterian religion of the Kirk of Scotland, residing in G. and on the estates situated on the Cumingsburg Canal. Par. 1, St. Mary’s—To extend from Abary to Mahaicony, and thence to Mahaica; and from Mahaica to Pl. Lowlands inclusive, and to include the settlements on the Banks of the Mahaica and Mahaicony Creeks. Par. 2, St. Paul’s—From Pl. Nooten’s Zuill to Pl. Cuming’s Lodge, both inclusive. Par. 8, St. George’s—G. and to include the estates situated on the Cumingsburg Canal. Par 4, St. Matthew’s—From G. up the E. Bank of the River, as far as the Settlements extend, and including the Settlements in Canal 3. Par, 5, St. Mark’s—From Pl. Mindenburg and Canal 1, inclusive, along the W. Bank of the Dem. River, upwards, as far as the Settlements extend. Par. 6, St. Swithin’s—From La Grange, inclusive, to Pl. La Jalousie, inclusive. St. Luke's (Par. of the Kirk of Scotland )—From Pl. Blakenburg inclusive, to the Ess. River, and along its eastern bank upwards, as far as the Settlements extend. ORD 12, '68 5 3 Other isd, $4 § 5 Solitary confinement, 6 MAY, 1826, Demerary, 6 MAY, 1826. Essequebo. ORD 70, ’36 Berbice. ORD 25, ’60 S 32 Questions to persons wish- ing to nominate a candidate, Wilfully making false answers, 498 MAGISTERIAL LAW. Par. 7, St. Peter’s—To comprehend the I. of Leguan and Hog. IL, Ess. Par. 8, St. James’s—Wakenaam and Troolie Is. Par. 9, St. John’s—From Schoonhoven Creek to Capoey Cr., including the Settlements on the intervening Crs. and Tiger Is. Par. 10, The Trinity—From Capoey Cr. to Pomeroon, and as far as the British Settlements extend. Par. 1, All Saints—To comprise the Town of New-Am., Pls. Overwinning, Providence, and all the Settlements on the left bank of the Canje River; it being hereby declared that the Ministers of the Episcopalian Church and of the Church of Scotland, respectively, shall have jurisdiction over the whole of this Parish, in regard to their respective Congregations. Par. 2, St, Patrick—To comprise all the Settlements on the right bank of the Canje Creek, and also all the Settlements on both sides of the E. Coast Canal. Par. 3, St. Michael’s—To extend from the Abary Creek to Pl. Balthyock, inclusive. Par. 4, St. Catherine—To comprise all Settlements on the W. Bank Berbice River, from Pl. Zorg-en-Hoop to Pl. Herstelling, both inclusive. Par. 5, St. Clement—To comprise all the Settlements on the E. Bank Berbice River, from Pl. Everton to Pl. Onderneeming, both inclusive. Par. 6, St. Saviour—To comprise the Settlements on the Courantyne Coast and River. Resolution of the Court of Policy, 2 Dec., ’86 :— The Parish of All Saints to be equally under the jurisdiction of the rector of the Ch. of E. and of the Minister of the Ch. of Scot., in regard to their respective congregations. The parishes of St. Patrick and St. Michael are allotted to the C. of HE. The parishes of St. Catherine, St. Clement, and St. Saviour are allotted to the Ch. of Scot. PERJURY. On the day of nomination for the office of Town Councillor (G.) no inquiry shall be permitted as to the right of any person to nominate a candidate, or as to such candidate being duly qualified, except only as in such s. specially mentioned. And if any person shall wilfully make a false answer to any of the questions aforesaid, he shall be deemed guilty of an indictable misd. :— Punishment—impr., with or without h. 1, not excdg. 1 year. PETTY OFFENCES. 499 On the election of any such member as aforesaid no inquiry shall be permitted at the time of polling as to the right of any person to vote, except only as in such s. specially mentioned. And if any person shall wilfully make a false answer to any of the questions aforesaid, he shall be deemed guilty of an indictable misd. Punishment as in s. 32. Power for the M. and T. C. to administer to any person who shall appear as a witness in any proceeding before them on a disputed election, any oath or affirmation that may lawfully _be administered in any Court of Justice; and every witness who shall wilfully give a false answer to any question that may be put to him or her, or shall swear falsely on any oath, or shall falsely affirm any matter or thing, shall be deemed guilty of perjury, and on conviction thereof before the Sup. Crim. C. shall be subjected to the pains and penalties imposed on persons guilty of wilful and corrupt perjury. Whosoever shall wilfully swear, affirm, or declare falsely, in any case in which an oath, affirmation, or declaration is required to be taken by law, shall be held guilty of perjury, and shall be punished accordingly. As to indictment for perjury and its contents, sce “SuUPR. CRIM. Proc.—Indictment,” p. 86. Any person in this Col. who shall wilfully and corruptly make any affidavit for proof of debt under ord. 8, 65 (“ Apmn.,”’ p. 124), knowing the same, or the statement of account to which the same shall be appended, to be untrue in any material - particular, shall be deemed guilty of a misd. :— Punishable as wilful and corrupt perjury—Sup. Crim. Court. PETTY OFFENCES. Ord, 1, °37 relates chiefly to offences comprised in the more recent ords. (20 and 21, ’56) treated of hereafter, but it has never been directly repealed, If any person or persons shall publicly curse or swear, or make use of violent, indecent, or obscene language, or shall publicly expose their person in an indecent manner, or use any indecent gestures :— Fine, not excdg. £3, and not less than 5s, ORD 26, '60 $83 Questions to voter at election. Wilfully making a false answer. Evidence to be given on oath, ORD 4, '72 § 12 Falso oaths. ORD 8, ’65 S 89 False affidavit of debt. ORD 1, '37 86, ORD 1, '37 87 Exceptions, 89. ORD 20, ’56 $ 1 Breach of the peace. Abusive words, ete, “Breach of the peace.” Actual breaches, (1) Felonious, 2) Not fasdous 500 MAGISTERIAL LAW. It shall not be lawful for any male or female, other than infants under the age of 5 yrs., to appear in public without being sufficiently and decently clothed ; and no male or female above the age of 5 yrs. shall be considered to be sufficiently and decently clothed unless the female be habited at the least in a shift and petticoat, and the male in a shirt and a pair of trowsers, or other clothing to the satisfaction of the J. P. :— Fine, not more than £1 10s., nor less than 5s.; recoverable against the parent or parents of all persons above 5 and under 16 years, unless it appear to the satisfaction of the J. P. that the offender is of sufficient ability to provide necessary wearing apparel. Apprenticed labourers, or other persons entitled by law to be clothed by their employers, if they shall make it appear to the satisfaction of the J. P. that the wearing apparel to which they are by law entitled, has not been supplied, and (s. 8) labourers upon any estate working in the trenches while actually so employed, or whilst going to and returning from the field, or whilst engaged in labour in the field—excepted. Offenders to be prosecuted before the Sheriffs—i.e., by ord. 18, ’51,. 8. 20 (Introd., p. xiii.)—S8. Js. P. Fines are appor- tionable under ord. 5, 72 (p. 181) between the Colony and the informer. In default of payment of fines—impr., with or with- out h. 1., not exedg. 6 days, unless sooner paid. (1) Every person who shall commit a breach of the peace * not deserving of a more severe punishment, or who shall use any threatening, abusive, or insulting words or behaviour, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned. In Ben v. Mitchelson, 2 R. C., App. xili., the applicant for Review was charged with ‘committing a breach of the peace by being disorderly in an open yard, and a nuisance to the public.” Appeal heard by Norton J., 21 Jan., 1865 :—“ Inaccurately drawn as the charge is, it seems to bring * The following article is to be found in Wharton’s Law Lexicon (Edn. 1867) :—“ Breach of the peace=offences against the public which are either actual violations of the peace, or constructive violations, by tending to make others break it. Both of these species are either felonious or not felonious. “The felonious branches are:—(1) the riotous assembling of 12 persons or more not dispersing upon proclamation; (2) the riotous demolishing of churches, houses, buildings, or machinery; (3) maliciously sending, delivering, or uttering, or directly or indirectly causing to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person. The remaining offences are not felonious :—(4) affrays; (5) riots, routs, and unlawful assemblies, which must have 3 persons at least to constitute them ; (6) tumultuously petitioning ” (pecu- liar to England); “ (7) forcible entry or detainer, which is committed by violently taking or keeping possession of lands or tenements with menaces, force, and arms, and without the authority of the law ; (8) PETTY OFFENCES. 501 the offence within the meaning of Art. 1 of 21, '56 (infra). Were a mere breach of the peace charged, the local description would be super- fluous. The Mag., however, treated the charge as if it were under Art. 1 of s, lof 66. In other words, if the misconduct complained of amount to disorderly behaviour and to nothing else, the applicant for review has in effect been charged with one offence and convicted of another. “Whether the evidence will or will not sustain the Mag.’s finding is beside the question, as the proper and indeed exclusive function of the evidence is to prove the original charge, and not to extend it to supply any defects in the information, The evidence must establish the identical offence in the information, and evidence of another offence, though of the same kind, and subject to the same penalty, is not sufficient, (Cases in support.) This rule is obviously founded on common sense, as well as natural justice. “The law will not suffer a man to be convicted of any crime other than that with which he is specifically charged. The punishment of the guilty, important as that object is, is not of such paramount consideration as the protection of the innocent, The accused is entitled to know beforehand the nature of the accusation which he is called upon to meet, nor ought he to be required to answer a charge perchance sprung upon him at the trial, and supported by evidence which, as he could not anticipate, he may, though innocent, be unable to refute. The decision must in all cases be secundum allegata et probata—according to what is both averred and proved, and not what is proved merely. But grant that there is no variance between the information and conviction in this case, and that the offence even as charged amounts to such a breach of the peace as is contemplated by the ord, under which the accused was convicted, still the conviction is bad on the face of it, as stating the legal result of facts and not the facts themselves; for, as Paley observes, the Court in such a case cannot judge whether the facts amount in law to the offence or not. Thus a charge that deft. swore ‘54 oaths and 160 curses’ was held bad, as a profane oath or curse is a matter of law, and ought not to be left to the judgment of a witness. (Cases in support.) But an allegation that deft. swore 150 oaths in these words (specifying the words once) is suffi- cient without repeating each oath 160 times. (Case.) In fact the con- viction discloses no specitic offence. “No less than 12 different kinds of breaches of the peace are enumerated in Wharton’s Law Lexicon (4th edn.), so that to charge a breach of the peace generally is to allege the commission of any one of those offences without particularizing which breach of the peace is little less generic than either breach of the revenue, or breach of the excise laws. Itisa vague allegation, giving the accused no definite information, and conse- quently wholly insufficient to warrant a conviction. As it is impossible to say of what prohibited act the applicant for review is convicted, the conviction is clearly bad for uncertainty. " riding, or going armed with dangerous or unusual weapons, terrifying the good people of the land ; (9) spreading false news ; (10) false and pretended prophecies, with intent to disturb the peace, as they raise enthusiastic jealousies in the people, and terrify them with imaginary fears; (11) challenges to fight, either by word or letter, or being the bearer of such challenges; (12) libels, which, taken in their largest and most extensive sense, signify any writings, pictures, or the like, of an immoral or illegal tendency; but in the sense of a constructive breach of the peace, they are malicious defamations of any person, and especiall: a magistrate, made public by either painting, writing, signs, or miatipess in order to provoke him to wrath, or expose him to public hatred. con- tempt, and ridicule.” , ORD 20, '56 Evidence must support original charges, Constructive breaches, ORD 20, 56 Indecent lan- guage, gesture, ete. Minimum fine on frivolous charge. ORD 3, '68 P. 25. ORD 20, '56 Blowing horn, etc, Discharging firearms, etc, on public streets. Furious riding. 502 MAGISTERIAL LAW. “Under these circumstances the judgment of the Mag. cannot be upheld. I therefore reverse this decision and quash the conviction, without, how- ever, awarding to the applicant for review the cost of these proceedings, seeing that the evidence shows that a breach of both the ords. 20, 56 and 21, 566 was committed, and that consequently there has in this case been a defeat of justice, owing to the imperfect way in which the charge was framed. (Ben v. Mitchelson, 2 R C., App., p. xiii.) (2) Every person who shall make any indecent gesture or use any indecent expression, or curse or swear profanely in any public street, road, or thoroughfare, or in any yard, garden, or place, immediately adjoining thereto and open to the public view. The words “ Will you buy a dog?” spoken to a soldier, were held within sub-s. 2, as having a latent and bad meaning well known to the party using it. (Reg. v. Allay, 1 BR. C., 2.) Where there was a frivolous charge of abuse, instead of dismissal of the case, the Court of Review suggested a fine in the lowest coin in cir- culation as a preferable course for the Mag. to pursue. (Frank v. De Costa, 1 R. C., 47.) This ord. does not state in what manner the penalty shall be levied, but by ord. 19, 56, s. 33 (for which s. 2 of ord. 15, 69 has been substi- tuted) the penalty may be levied by distress (p. 26), and in default of distress by impr., with or without h.1., for any term not excdg. 2 cal. months; and under ord. 3, ’68 (p. 25) the offender may without warrant of distress be committed to prison for any term not excdg. 2 months, where the penalty does not exceed $24 and costs. (Portsmouth v. Green, 2 BR. C.,-132—Snagg C. J.) The Small Penalties Ord. does not affect the power of imposing h.1. in addition to impr. in cases where h, 1. might on non-payment of the penalty have been imposed. H.1. might have been imposed under ord. 19, ’56, s. 33, and now under ord. 15, ’69, 10. (3) Every person who, without the permission of a Stip. or Sp. J. P., or the Insp.-Gen. or an Insp. of P., shall blow any horn or use any other noisy instrument for the purpose of calling persons together, or of announcing any show or entertainment, or for the purpose of hawking, selling, distributing, or collecting any article whatever, or of obtaining money or alms :— The option of a fine or impr. is in the Mag.’s discretion. (Young ». Maule, 2 R. C., 233.) A man hawking tin-ware blew a horn on a stelling on landing from the steamer. Conviction affirmed. (Grosvenor v. Fauset, 2 R. U., 108.) (4) Every person who shall, at or near to any public street, road, or thoroughfare, wantonly discharge any firearms ;—Or throw or discharge any stone or other missile, to the damage or danger of any person ;—Or make any bonfire ;—Or throw or set fire to any Jire-work ;—Or fly any kite or play at any game, to the annoyance of the inhabitants or passengers, (5) Every person who shall ride or drive furiously so as to endanger the life or limb of any person, or to the common danger of the passengers on any thoroughfare. PETTY OFFENCES. 503 In William v. Simpson, 1 R. C., 199, the conviction was quashed because there were two separate convictions, mutually destructive of each other: one for the offence charged under the above sub-s., and imposing on the appellant impr. for 30 days ; and the other convicting him in the same terms but sentencing him to pay a fine of $20 on or before a day named (6th April)—such fine to be levied by distress and sale—in default impr. for 2 months, with a provo. that it is to commence “as and from the termination of a certain term of impr. for a certain offence of which the said W. is duly convicted this day by me.” Beaumont C. J.:—“ Now in the first place these convictions cannot stand together; for though, when we come to consider the second mentioned conviction, it is defective in itself, yet looking at these as they stand, as two separate but contem- poraneous convictions for one offence, they cannot stand together. Each in point of form is complete and conclusive within itself, each might be pleaded separately, and each appears to impose a separate punish- ment. No rule is more essential to be observed than that so important and formal a document shall contain within itself plainly, clearly, and legally the whole adjudication; and as nothing is plainer than that there cannot be lawfully two convictions or two sentences upon one charge, these two formal instruments are naturally destructive, for both being contemporaneous, it is impossible to say, when considered separately, that one is good and the other nugatory. But the point which I had noted for decision was independent of the above, and proceeded on the assumption that the conviction (or rather convictions) might be con- sidered together and in their substance ; so considered they would appear ‘to amount to and embody a sentence that the appellant should be imprisoned for 30 days, which would be down to and inclusive of the 6th of April; that he should on or before that day pay a fine of $20; that in default of payment it should be recovered by distress and sale, and in default of sufficient distress, that the appellant should be im- prisoned for 2 months, to commence from the termination of the 30 days’ impr. previously imposed. Thus read the sentence, which would be good in so far as regards the impr. for 30 days, if it had stayed there; fails entirely, because another material part of it which imposes the further impr. is bad, and thus must vitiate the whole sentence considered as one; for, as to penal sentences, it is an essential rule that they must be good in oo material part, and that if not good altogether, they are altogether “The grounds of holding this sentence bad as to the 2 months’ impr. are these: In the first place, the words about the commencement of the conviction, ‘from the termination of a certain term of imprisonment, t _etc., must, as I think, be held to mean that the 2 months’ impr. is to commence at the close of the 30 days’ impr. There is indeed some diffi- culty in so reading it, but I think that construction is most in favour of ‘the conviction, and that otherwise it would be void for ambiguity or uncertainty. But that meaning is inconsistent with the law, having regard to the facts that the 30 days would expire on the 6th of April; that the fine was not due until that day, and in default of payment then was required by the sentence (as by the law independently of it) to be levied by distress and sale; and was therefore not punishable by impr. except (as far as the sentence provides) ‘in default of sufficient distress,’ or (under the general law) either in such default or upon evidence that the deft. had no goods to levy on, or that it would be ruinous to the deft. to levy on them. Now as the appellant would have all the 6th of April in which to pay his fine, as the 80 days’ impr. would determine on that day, and as before he could be imprisoned in default of payment of his fine there must have transpired the issue of a distress warrant, followed up by a levy and sale, or return of nulla bona, and a warrant of commit- ORD 20, ’56 Penal sen- tences if not altogether good, are bad alto- gether. Consecutive -ORD 20, ’56 Til-usage in driving cattle. Persecuting cattle, Evidence taken on view by deputy instead of by himself, not admissible by Mag. Riding vehi- cles, without reins, etc, 504 MAGISTERIAL LAW. ment thereupon; and as none of those acts could be effected until after the 6th of April, it is manifest that the conviction (if the two instruments are to be read together) is not good. It purports to impose 30 days’ impr., to be followed in a certain event in which it could not lawfully be imposed, by two months’ additional impr. ; and this latter branch of the sentence being in excess of the jurisdiction, as it is imposed, must nullify the whole sentence.” : (6) Every person who by negligence or ill-usage in driving cattle shall cause any mischief to be done by such cattle, or who shall in anywise misbehave himself in the driving, care, or manage- ment of such cattle ; and every person not being hired or employed to drive such cattle, who shall wantonly and unlawfully pelt, drive, or hunt any such cattle. In De John v. Rankin, 1 R. C., 144, on an appeal from a conviction of deft. for having plantains in his possession, supposed to have been stolen, without giving a good account of them, Beaumont C. J. quashed the conviction, remarking: “The Mag. seems to have found himself unable to decide upon the evidence as brought before him. Probably the more proper course would have been in such a case to acquit. Iam not at all disposed to restrict the legitimate discretion of a Mag. in the conduct of cases before him, but here the prosecutor had closed his case, and was not entitled after the evidence for the defence to strengthen it, except upon some casual and unforeseen point. The point there in doubt, how- ever, was the very main issue—whether the plantains in question had been cut on the appellant’s land; and on this point the Mag. not being, as I must conclude, able to decide in favour of the prosecution, after hearing the defence, sends to procure further evidence. He sends a policeman with the accused (apparently as a prisoner) to the bed, and with him he sends a man, whom he deputes to confront, as I may say, the accused, and to depose to the result. Now that was at the best a very doubtful and undesirable proceeding, but perhaps its-most objec- tionable feature is this, that, as I infer from the record, the Mag. in effect delegated to the deputy on a view of the spot, and confrontation with the accused, the determination of a serious issue of fact, which was to be determined by the Mag. himself. It is quite true he puts the deputy to his oath afterwards, but on the whole it is to me evident that being himself doubtful on the question of fact, he in effect referred it to the determination of his nominee under the mode Ihave mentioned. No doubt it was perfectly well intentioned, but I think it was a mistake— such a mistake as to render the reception of the deputy’s evidence then, and so acquired and given, improper. On this ground I reverse the decision. Improper evidence was similarly admitted.” (David », Hosannah, 1 R. C., 170.) (7) Every person having the care of any cart or carriage, who shall ride on any part thereof, or on any horse or other animal drawing the same, without having or holding the reins, or who shall be at stich a-distance from such cart or carriage as not to have the complete control over every horse or other animal drawing the same. In Parker v. Evelyn (28 Feb., ’74), the deft. was charged that being the person in charge of a carriage and horse ne did leave the same on the public road at, etc,, and was at such distance from the same as not 505 to have a complete control over the horse drawing the carriage. The Judge said :—“ Whether the horse and carriage were on the part of the public road or beyond the 36 feet, the legal width of the road, was not material. The deft. showing by his affidavit that the horse and carriage were his, I affirm the conviction.” PETTY OFFENCES. (8) Every person who shall by means of any cart, carriage or, vehicle, or any horse or other animal, wilfully cause any obstruc- tion on any thoroughfare. (9) Every person who, after being made acquainted with any regulations which shall have been made by the Insp.-Gen. or any insp. of p. (which regulations they are hereby empowered to make for the occasion), for regulating the route of horses, carts, car- riages, and persons during the time of Divine Service ;—And for preventing obstructions during public processions ;—And in any case when the streets or thoroughfares may be thronged or may. be liable to be obstructed ;—shall wilfully disregard or not con- form himself thereunto. (10) Every person bathing in the day time in any trench, canal, or other place near to or in sight of any public road or thoroughfare. (11) Every person throwing, putting, or leaving unburied on or near any public road or thoroughfare, or in any public ‘trench or canal, the carcase of any dead animal, or any part thereof :— Punishment—Ist offence, impr., with or without h. 1, not excdg. 14 days; or fine, not excdg. $10. 2nd offence, impr., with or without h. 1, not excdg. 30 days, or fine, not excdg. $24, or both; and on Ist or 2nd offence, if a male under 16 yrs., w., not excdg. 16 lashes, in lieu of either of the other punishments, (1) Every person who shall assault or resist any police officer or constable in the execution of his duty, or who shall aid or incite any person so to assault or resist him :— See ord. 18, ’58, s. 16, as to resisting the levying a debt coming under this s. on a charge of this offence failing, there can be no conviction for cominon assault. (Crotz v. De Freitas, 2 R. C., 212.) Impr. for 2 months under this s. is of course an excess of jurisdiction. (King v. Baptist, 1 R. C., 138; but see ord. 3, 68 (p. 25), and remarks under s, 1—also overruled ; Adams v. Mayers, 1 R. C., 156.) The fact of the officer being on duty must be strictly proved. (De Silva ». Hill, 2 R. C., 161.) Plea of autrefois acquit will not avail on a subsequent summons for common assault. (20. and Edwards v. Cambridge, 2 R. C., 212.) Where it was not proved that the prosecutor was ar. c. or in the execution of his duty, and it was proved that he was not in uniform, the conviction was quashed. (Green v, Hillman, 2 R. C., 226.) In Dora v. Fraser (6 June, ’74), the deft. was convicted of an assault on the cplt. in the execution of his duty as ar.c. The grounds of appeal were that the cplt. had no badge or staff or uniform, but were held of no weight by Snagg C. J., for in executing a distress warrant the constable was interfered with and pushed about by the deft. while trying to levy on the deft.’s own cattle. Conviction affirmed, ORD 20, 66 thoroughfare, Wilfully disregarding police regu- lations for preventing ob- structions, ete. Bathing in sight of public thoroughfare, Throwing dead carease on public thoroughfare, S 2 Resisting constable on duty. Rural consta- ble need not be in uniform, ORD 20, ’56 Rescue an offence whether accused be con- victed or not. Petty theft. What is condonence. Obtaining property under false pretences. Value must be stated, Embezzle- ment. 506 MAGISTERIAL LAW. In Scipio v. Dunbar (13 June, ’74) the deft. was convicted for assault on the cplt. in execution of duty as ap.c. unders. 2 of ord. 20, °56. One A. 8. was arrested for assault and robbery from the person. The deft. attempted the rescue of A. 8. It was said that the charge against A. S. was unfounded, and afterwards dismissed. It is the duty of all persons to be obedient to the laws, and not to interfere with the con- stable’s taking a prisoner to jail, especially on a charge of fel. Convic- tion affirmed by Snagg C. J. In Rodney v. Sampson, 1 R. C., 80, the deft. was sentenced to 30 days’ impr., and pay a fine of $24 and costs, or in default of payment 2 mcnths’ additional impr., for assault on a p. c. in the execution of his duty, whilst executing a distress warrant. Mag.’s decision reversed by Beaumont C. J., as unauthorised. By this ord. the Mag. has no power to award impr. in default of payment of a penalty or costs, nor to award costs at all. See same case, p. 27. (2) Every person who shall commit a petty theft of property not excdg. in value $10 ;— Where the value was not shown, the conviction was quashed. (Ned ¢. De Guarre, 2 R. C., App. 9; Kelly v. Farley, 1 RB. C., 203.) Where the value was shown to be over $10 the conviction was quashed. (Reg. v. Dunbar, 1 B. C., 1.) A man found some spars cut on his grant, and later saw deft. removing them, and stopped him. Deft. said he had told cplt. that he had cut them, and cplt. replied, “ Very well.” There was held to be no con- ee of the larceny, and conviction affirmed. (Bell v. Samuel, 1B. C., 6.) ; (3) Every person who shall under any false or fraudulent pretence obtain any property not excdg. in value $10 ;— In Kelly v. Farley, 1 R. C., 202, Norton J. said: “In this case the applicant for review was convicted of ‘ having on, etc., stolen from, etc., sugar the property of,’ etc., part of which was produced in Court valued at 4c., contrary to ord. 20, ’56. “The conviction, the material part of which I have set out, is bad on the face of it, the stealing as charged not being within the meaning of art. 8, 8. 2 of that ord. as ‘petty theft of property not excdg. in value $10,’ and consequently not being punishable summarily at all. To warrant a summary proceeding under that s., the value of the property stolen must be stated, and further, such value must not exceed the maximum fixed. If there be no such statement, the want of it cannot, of course, be supplied by any intendment or inference, still less can the defect be cured, or even helped, by any statement as to what the property pro- duced in Court was valued at, as of course the value of the property found is not necessarily any criterion as to that of the property stolen. The rule is that while nothing shall be intended to be out of the jurisdic- tion of a Sup. Court but that which specially appears to be so, nothing shall be intended to be within the jurisdiction of an Inf. Court but that which is expressly alleged (Paley). The offence charged, therefore, cannot be presumed to be within the cognizance of any Inf. Court, as the circumstance on which such Court’s jurisdiction is founded does not appear on the face of the proceedings, either by direct averment or reasonable intendment,” Conviction quashed. (4) Every person who shall embezale any property not excdg. , in value $10 ;— PETTY OFFENCES. 507 (5) Every person who shall knowingly receive stolen property not eacdg. in value $10, or who shall knowingly conceal the person by whom the same may have been stolen ;— antes (6) Every person having in his possession or conveying in any manner anything which may reasonably be suspected of being stolen or unlawfully obtained, and who shall not give an account to the satisfaction of the Stip. or Sp. J. P. how he came by the same ;— In Adams v. Mayers, 1 R. “a, 156, Smith C. J. said :—“ All that is necessary to insure a conviction is a reasonable suspicion that the thing found in the possession of the party accused has been stolen or unlaw- fully obtained, coupled with a failure to account for the same to the satisfaction of the Mag. The conviction need not state the ownership or value of the property, nor the deft.’s knowledge of its being purloined or embezzled, and it matters not to whom the goods belong, because the offence consists in the suspected party failing to give the Js. P. a satisfactory account how he became possessed of them.” (7). Every person who shall do malicious injury to property not excdg. in value $10 ;— (8) Every person who shall endanger property by the negligent use of fire;— (9) Every person who shall cruelly maltreat any animal ;— Punishment—impr., with or without h. 1., not excdg. 30 days; or fine, not exedg. $24, or both; or, in lieu of either, if a male under 16 years, w.. not excdg. 25 lashes. ‘ 8rd offence—under subsecs., 1, 2,3, 4,and 5, to be indicted—Sup. Crim, ourt. Any person committing any of the offences hereinafter men- tioned in this s. shall be deemed an idle and disorderly person :— (1) Every person behaving in a riotous or disorderly manner im any public street or thoroughfare;—Or in any yard or garden immediately adjoining thereto, and open to the public view ;— The special facts here mentioned must be alleged to come within the ord, (Turnkey v, King, 2 R, C., App. 4.) : (2) Every person wandering, or loitering abroad in any road or street or public place ;—Or intruding in any private premises after being ordered to depart ;—And using any means or device to induce the bestowal of alms upon him, or causing or procur- ing any other person so to do ;— (3) Every person wandering abroad or lodging in or under any verandah, gallery, outhouse, or building wholly or in part unoccupied, or in any cart, vehicle, boat, or other receptacle, or in any logie or other plantation building, or on or under any wharf or stelling, or within any cane field or provision ground, or on or in any dam or trench immediately adjoining ORD 20, ’56 Receiving stolen property. Having in possession stulen property, and not accounting for the same, Malicious injury to pro- perty, Negligent use of fire. Maltreating animals. ORD 21, '56 § 1 Idle and disorderly per- sons, Riotous con- duct. Wandering— with begging. Lodging iu laces without Ve, ete,- ORD 20, '56 Defacing ai building by me placard, etc, ORD 13, '76 § 1 Short title. S 2 Who may be sent to an almshouse, 8 3 Duration of detention, 5 4 How discharged, S 5 discharge on bond for future mainten- ance, by surety, § 6 On becom- ng ill removal 508 MAGISTERIAL LAW. thereto—without leave of the owner, occupier, or person in charge thereof—and not having any visible means of subsistence, or not giving a good account of himself ;— (4) Every person, without leave of the owner, defacing any house, or building, or wall, by fixing any placard or notice, or by placing any indecent or insulting writing or drawing’ thereon :— Punishment—Ilst offence, impr., with or without h. 1., not excdg. 14 days, or fine, not excdg. $10. 2nd offence, impr., with or without h.1., not excdg. 1 month, or fine, not excdg. $24. On 2nd conviction a person becomes a “ Rogue and Vagabond,” and afterwards comes under s, 2 of ord, 20, ’56. ‘The Infirm Vagrants’ Ord., ’76.” If any person shall be brought before a St. or Sp. J. P. charged with having committed any offence made punishable under ord. 21, ’56, and if it shall appear to such J. P. that the person so charged is unable from physical infirmity to maintain himself, and that such person has no visible means of subsist- ence, it shall be lawful for such J. P., instead of proceeding to hear and determine such charge, to make an order (form below), that the person so charged shall be forthwith conveyed to an almshouse and there detained until he shall be discharged therefrom as hereinafter provided. Every person who shall be ordered by any St. or Sp. J. P. to be detained in an almshouse shall be taken to an almshouse and there detained until he shall be discharged by an order in writing of a J. P. Every J. P. is hereby authorised to make an order in writing directing the immediate discharge from an almshouse of any person who shall have been ordered to be detained in an alms- house, if it shall appear to such J. P. that such person has become capable of earning his livelihood. If any person shall enter inio a bond (form below), in the sum of $24, before any J. P., that due provision shall be made for the future maintenance of any person who shall have been ordered to be detained in an almshouse, such J. P. (if he shall be satisfied that the person so entering into the bond has suffi- cient property to enable him to maintain the person so ordered to be detained or to pay the said sum of $24 if the condition of the said bond should not be performed) shall make an order that the person so ordered to be detained in an almshouse and mentioned in the said bond shall be at once discharged. Every person who shall have been ordered to be detained in an alms- house and who shall be ordered to be discharged by any J. P. by an order in writing shall be at once discharged. If any person who shall be ordered to be detained in an alms- PETTY OFFENCES, 509 house shall become so ill that in the opinion of the M. O. of the almshouse he cannot be properly treated in such almshouse, it shall be lawful for the officers of such almshouse to cause such person to be conveyed to the nearest public hospital for medical treatment therein; and every such person on his recovery, or on his tefusal to submit himself to the medical treatment considered necessary for his case, shall be taken back to an almshouse. oe Every person who shall be ordered to be detained in an alms- house, and who shall leave the almshouse or any public hospital to which he may have been removed before he has been dis- charged by an order of aJ. P., may be arrested without any warrant by any p. 0. or constable and conveyed back to an almshouse. This ord. shall come into operation and take effect on the publication thereof. BRITISH GUIANA, Whereas A. B. was on the.., dayof.,.. brought before me the undersigned a Sp. J. P. in and for the Col. of B. G., charged for that he the said A. B. at (here insert the particular offence with which A. B. shall have been charged, and which must be one of the offences mentioned in ord, 21, 56). And whereas it hag been made to appear to me that the said A. B. is unable from physical infirmity to maintain . . . self, and has no visible means of subsistence; now therefore, under the provisions of “ The Infirm Vagrants’ Ord., ’76,” I do order that the said A. B, shall be forth- with conveyed to an almshouse and there detained until discharged in due course of law. Given under my hand, this day of 187 at (C. D,), 8. J. P, BRITISH GUIANA. Be it remembered that on the... day of ... in the year of our Lord one thousand eight hundred and... A.B. of ... in the county of ... personally came before me, one of H. M.’s Js. P. in and for the Col. of B. G., and acknowledged .. . self to owe to our said Lady the Queen the sum of $24 to be made and levied of h . . goods and chattels, lands and tenements to the use of our said Lady the Queen, her heirs, and successors, upon the condition that if V. G. (here describe the person ordered to be detained in the almshouse) who is now detained in an alms- house under an order bya... J. P., shall be properly maintained and shall not commit any offence made punishable under the provisions of ord. 21, 56, after he the said V. G. shall be discharged from the alms- house, then this bond to be void, otherwise to remain in full force. Taken and acknowledged, the day and year first above written, at before me (C, D.), J. P. Every person committing any of the offences hereinafter men- tioned in this g. shall be deemed a rogue and vagabond :— (1) Every person wilfully exposing his person im an indecent manner, or exhibiting any obscene print, picture, or other indecent 84 ORD 13, '76 to public hos- pital. $ 7 Leaving almshouse withoyt dis» charge, etc, SCHEDULE, * Order of detention, Bond. ORD 21, '56 § 2 What con. stitutes a rogue and vagabond, Indecent ex- posure of person. ORD 21, 56 “ Tdler” resist- ing constable. Procuring charitable con- tributions under false pretences. Public gaming, Having imple. ments or weapons for unlawful pur- pose, Being in any building or yard for unlawful purpose. Suspected persons, etc., lurking about for unlawful purpose, § 3 An incor- tigible rogue, 510 MAGISTERIAL LAW. exhibition, i any street or thoroughfare, or elsewhere, to the annoyance or disgust of others ;— (1a) Every ‘‘idle and disorderly person” resisting any con- stable or police officer apprehending him: ov twice convicted wnder s. 1;— (2) Every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions for him- self or others, of any nature or kind, under any false or fraudulent pretences ;— (8) Every person gaming, playing, or betting in any street, road, thoroughfare, or other open and public place, or in any tavern, shop, or place for the sale of spirits or liquor, or kept or used for the purpose of common or promiscuous gaming, at cockfighting, or with any table, dice, cards, or other instrument for gaming, at any game or pretended game of chance ;— This includes “gaming.” (Adams v, Clarke, 2 R. C., 79.) (4) Every person having in his custody or possession any picklock, key, crowbar; jack, bit, or other implement, with intent unlawfully to break into any building ;—Or being armed with any gun, pistol, sword, knife, bludgeon, or other offensive weapon, or having upon him any instrument, with intent to commit any unlawful act ;— Every such offensive weapon or instrument, on conviction of offender, to be forfeited to the Crown. (5) Every person being found in any dwelling-house, ware- house, ‘store, stable, ‘outhouse or other building, or in any enclosed yard or garden, for any unlawful purpose, or being found in any such place and not giving a satisfactory account of himself ;— + An entry under a claim of right may be a trespass, but it cannot come under this s, (Williams v. Roberts, 1 R, C., 128.) (6) Every suspected person or reputed thief, loitering or lurking about or frequenting any river, canal, or navigable stream, or any market, wharf, or stelling, or in or about any vessel, punt, boat, or other craft, with intent to commit any robbery, theft, or unlawful act ;—Or being found in any such place or vessel, and not giving a satisfactory account of himself :— Punishment—first offence, impr., not excdg. 1 month, with or without h. 1, or fine, not excdg. $24; subsequent offence, impr., with or without h. L, not excdg. 4 m., or fine, not excdg. $50, and if a male w., not excdg. 25 lashes; second or other subsequent conviction constitutes offender to be deemed an “ incorrigible rogue” (s, 8). Every person escaping out of any place of legal confinement, before the expiration of the term for which he shall have been PETTY OFFENCES, 511 committed under this ord., shall be deemed to be an incorrigible rogue :— Punishment as for subs, offence under s, 2, Any “incorrigible rogue” may be required, in addition, to give good security for his good behaviour for 1 year after his discharge ; in default, additional impr., with or without h, 1,, not excdg, 4 months, Every St. or Sp. J. P. shall keep a register of all persons convicted before him under gs. 1 and 2, ord. 20, ’56, and ss. 1 and 2, ord. 21,56, Such register, or an extract thereof, certified under the hand of the proper St, or Sp. J. P., shall be taken and admitted as evidence of such conviction in any prose- cution of any such person for any subsequent offence against the same ords, Every p. 0. or constable may: apprehend any person whom he shall see offending against this ord., and take or convey him with all reasonable dispatch before the St. or Sp. J. P. for the district. 8. 7 of ord. 20, '56 is to the like effect. Any p. o. in charge of a station may, except in cases of theft, fraud, embezzlement, or receipt of stolen property, take security for the appearance before a St. or Sp. J. P. of any person apprehended hereunder; and such security shall be either that of one respectable householder, or a deposit in money with any such police officer, not excdg. $24, to be returned on the due appearance of such person. This ord. repeals s. 10 of ord. 20, ’56, re-enacting certain parts of ord. 9, ’39 (sce ‘ Poticn”’), which had been repealed ; but not containing any new enactment, Any J. P., upon information on oath being made before him that any person has committed or is suspected to have committed an offence against ord. 21, ’56, may issue his warrant to appre- hend and bring before some St. or Sp. J. P. the person so charged, Any J. P. may, upon information on oath laid before him that any idle and disorderly person, rogue and vagabond, or incorrigible rogue, is or is reasonably suspected to be harboured or concealed in any house or place, by warrant under his hand, authorise any p. 0. or constable, or other person or persons, to enter at any time into such house or place, and to apprehend and bring before some St. or Sp. J. P. every such idle and dis- orderly person, rogue and vagabond, or incorrigible rogue, as shall be then and there found. No prosecution shall be instituted against any person for any offence against this ord. after the expiration of one month from the time when such offence shall be committed. When neither evidence nor conviction showed when the information was exhibited, the only date in either being that of the alleged offence, the conviction was quashed, (Turnkey v, King, 2 R, C., App. 6.) ORD 21, ’66 54 $ 5 Record of convictions, under as, 1, 2: Evidence of, § 6 Apprehen- sion of offenders, ORD 20, 56 $ 8 When police may take security for appearance, ORD 24, ’56 ORD 21 '66 § 7 Any Jus- tice may issue arrest warrant, $8 Any Jus- tice my issue search warrant $ 9 Limita-~ tion. ORD 21, ’56 $10 Jurisdic- tion of Supreme and Inferior Courts of Crimi- nal Justice pre- served, ORD 7, ’38 S$ 34 Pilot smuggling liable to fine, suspen- sion, or dismissal, S 35 Com- plaints to be made in writing, 512 MAGISTERIAL LAW. Nothing ‘in either ord. (20, 56 or 21, ’56) shall prevent any St. or Sp. J. P. from committing a person charged with any offence thereunder for trial before the Sup. or Inf. Cr. C., nor affect the jurisdiction of any Sup. or Inf. Cr, C., nor repeal or diminish any punishment which may be awarded by any Sup. or Inf. Cr. C. under any ord. in force for any of the offences mentioned in these ords. or either of them, PILOT. As to the interpretation of “ High Sheriff” in certain ords., sce Introd., p. xiii, Any pilot or other person in the pilot service, who shall be proved to the satisfaction of the Committee to have been engaged in smuggling, shall be subject to fine, suspension, or dismissal, as the case may seem to require; and any pilot who shall be proved to have been earning or attempting to earn wages as a pilot for his own use or benefit, or has appropriated or attempted to appropriate the wages or fee for any pilotage duty to his own use, or who has connived at any master of a vessel, or other person using any deception to evade the provisions of this Act, shall be liable to fine, suspension, or dismissal; or should they deem the case to require it, be handed over by the C. to the High Sheriff for trial, as being guilty of a misd,. :— Penalty, not excdg, 280f,, or impr. not excdg. 8 months, or both, All complaints of offences against resolutions hereunder, or the bylaws of the C. founded thereon, must be made in writing, signed by the party aggrieved, and left with the Sec. at the pilot office, within 14 days from the date of such alleged offence (offences provided for by s. 82, by superior officers excepted), and the Sec. shall, thereupon, summon the party complained against, the party aggrieved, and all such persons as they-or either of them may require to be examined as witnesses touching the matter in question, to attend at the next convenient meeting of the C. (the summons to state the time and place thereof, and to be issued at least 24 hours before such meeting), when the case shall be considered, and, if practicable, decided by the C. The Chairman of the C., or the Chairman of any meeting, being hereby authorised in all cases to administer an oath, if need be. And it is hereby further ordered and provided, that when any person so summoned shall neglect to attend at the time and place appointed, the C. (in the absence of satisfactory excuse for not attending) shall, at its option, either adjudge a fine POLICE—WATER. 513 against the person so offending, such fine not to exceed the sum of 220f., or apply to the High Sheriff, who will cause the person so offending to be brought, by the necessary force, before the C., either at their then sitting, or at such other time and place as the C. may appoint. POLICH. Water. As to interpretation of ‘‘ High Sheriff,” sce Introd., p. xiii, The police establishments of G. and New-Am. to be augmented by reputable and sober men to the extent of the funds annually provided for such purpose, subject to the approval of the C. of P.; such man to be sworn in as a constable of p., and have all the powers, authorities, and immunities of a constable while in such service, and no longer. Provision, at the public expense in each district, for one or more boats, with necessary oars, tackle, and appendages, to be termed police boats for G. and New-Am. ; such boats to be kept in a fit and proper state for nautical service. The police boatmen, with such number of the police of G. or New-Am., and under the command of such officer or serjeant of p. a8 shall be ordered for that duty respectively, to proceed on duty in the river, or creeks, or canals of the respective districts, at such times of the day or night as shall be directed and ordered. Power for the officer or serjeant in command of such boat to enter at any time with one or more of the men employed in such boat, on board of any sloop, schooner, drogher, punt, or other colonial craft, upon any of the rivers, creeks, or canals, in the respective districts, either in the day or in the night time, and to remain on board of any such colonial craft such a reasonable time as any such officer or serjeant may deem expedient, and if such officer or serjeant of p. shall have reasonable ground to suspect that there is on board of any such sloop, schooner, drogher, punt, or other colonial craft, any sugar, rum, molasses, coffee, or other produce or property whatsoever, stolen or un- lawfully obtained, it shall be lawful for such officer or serjeant of p. to search, with the assistance of one or more of the p., any and every part of such sloop, etc. . - . and after demand and refusal of the keys, to break open any fast-locked place on board of any such colonial craft as aforesaid, in which such officer or serjeant shall have probable grounds to believe that any such produce or property is concealed, and upon discovery thereof to detain and take charge of the same and to apprehend ORD 7, ’38 ORD 78, '36 $ 1 Police augmented, § 2 Police ats, 8 3 Duties ORD 25, ’68 § 4 Possession of property seized. Claims. ORD 9, ‘39 $ 1 Superior officer's appoint- ment, 83, § 1 Justices of the Peace, Oath. 514 MAGISTERIAL LAW. the person or persons in whose possession any such produce or property shall be found, and such property and the person or persons in whose possession the same shall be found to take within a reasonable time thereafter before the High Sheriff, or the Sheriff of Berbice (ord. 18, ’51—Introd., p. xiii.), or any J. P. acting for either, who shall deal with such produce, or property, and the person or persons in whose possession the same shall be found according to law. Power for any such officer or serjeant of p. as aforesaid, to pursue and detain, as hereinbefore provided, any person who shall be in the act of conveying such produce or property away from such boat, or on shore, or after such person shall have landed—together with the produce or property so found in their possession. All property so seized as hereinbefore provided shall be prima facte deemed to have been unlawfully obtained, in case the party in whose possession it shall be found, or the person in charge of the boat or craft shall not be able to give a satisfactory account of the manner in which he may have obtained such property :— : Fine, not excdg. £5 ($24), and in default of payment, impr., with or without h, 1, not excdg, 6 days. If the legal right of property be not proved within 14 days, the said property to be disposed of, and the proceeds applied, at the discretion of the Mag., to the use and benefit of the seizing party, or of the Board of Poor’s Fund of the district. Colonial. Power for the Gov. to appoint an Inspector-General of P. throughout B. G., whose office shall be in G., and a Clerk for same. Power for the Gov. from time to time to remove any Insp.- Gen. or insp., and to fill any vacancy by death, removal, dis- ability, or otherwise. Every Insp.-Gen, and insp. to be ew officio, and during office aJ.P., and to take the J. P.’s oath (see Introd., p. v.), but not to act as a J. P. at any session of an Inf, Cr. C., or on any matter out of session, except for the preservation of the peace, the prevention of crime, the detection and committal of offenders, and the other purposes of this ord. relating to the government of the p. force; and to take the following additional oath :— 5 , do swear that I will well and truly serve our Sovereign Lady the Queen, in the office of Insp.-Gen. (or ), without favour or affec- tion, malice or ill-will, that I will see and cause H. M.’s peace to be kept and preserved, and that I will prevent, to the best of my power, all offences against the same—and that while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the dutics thereof faithfully, according to law.—So help me God. POLICE—COLONIAL, 515 Jurisdiction of sheriffs over police abolished. Ord. 30, ’68.—Formerly the police inspectors and commissaries were distinct. By this ord. they were amalgamated. By ord. 6, 78 they were again disunited, and so much of this ord. as is inconsistent with ord. 6, '73, is repealed in general terms or by implication, or posterior enactment, Ss. 1, 2, 7, 8, 11, 12, seem to be repealed or obsolete. Except G., each district to have an insp. Any one insp. can act for another, without special appointment. Gov. may appoint insp. of weights and measures, By this ord., which re-establishes commissaries and distin- guishes between their duties and those of insps. of p. (s. 1), there shall be as many insps. as shall have salaries provided by the Combined Court. This is extended or amended by ord. 13, 73, 8.2. H. M. may appoint such and as many insps. of p. as may be necessary, with all the powers and authority given to or conferred on an insp. of p. by any ord. now or hereafter in force. The insps. of p. shall perform such duties ag were assigned to them as police officers before 1 Jan., ’69 (the date of the passing of ord. 80, ’68, which is therefore impliedly repealed, so far as same affects insps. of p.), and all such other duties as may be assigned to them by the Gov. 8. 5 makes some alterations in the duties of the insps., which have been embodied in the ords. therein referred to, 8. 6 empowers the Gov. to abolish the then present p, and fiscal districts, and establish fiscal districts. 8. 7 provides for every insp. of p. giving security to the Crown as determined by the Gov. and C. of P.: then existing bonds to remain in full force. A sufficient number of fit and able men shall from time to time be appointed by the Gov. as a police force for the whole of the Col, of B. G., who shall be sworn in by the Insp.-Gen., or one of the insps., to act as constables for preserving the peace and preventing robberies and other felonies, and appre- hending offenders against the peace; and the men so sworn in shall have all such powers, authorities, privileges, and advan- tages, and be liable to all such duties and responsibilities, as any constable or policeman duly appointed now has or hereafter may have, either by the common law, or by virtue of any statute or law now or hereafter to be in force in the said Col., and shall obey all such lawful commands as they may from time to time receive from the Insp.-Gen. or insps. of p., for conducting them- selves in the execution of their office. The Insp.-Gen. may from time to time, subject to the approba- : tion of the Gov., frame orders and regulations as he shall deem expedient for the general government of the members of the ORD 9, ’39 $ 2 Sheriffs. ORD 30, ’68 SS 3-6 In- spectors. $ 9 Weights, tc. ORD 6, '73 Inspectors. Ord, 13, '73, 8, 2. ORD 6, ’73 § 2 Duties of inspectors. ORD 9, '39 § 4 How force raised, 8 5 Regula- tions, ORD 28, '39 $ 2 Resigna- tion. § 3 Powers of policeman to cease on dis- tnissal, etc. Arms, etc., to be delivered up. 8 4 Neglect of duty. 516 MAGISTERIAL LAW. force, the places of their residence, the classification, rank, and particular service of the several members, their distribution and inspection, the description of arms, accoutrements, and other necessaries to be furnished to them, and the provision of horses for the performance of their duty; and all such orders and regulations as he shall deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties. Insp.-Gen. or any insp. may at any time suspend, and the Insp.-Gen. may dismiss from his employment, any man belonging to the said police force whom they shall think remiss or negligent in the discharge of his duty or otherwise unfit for the same, and when any man shall be so suspended or dismissed, or cease to belong to the said police force, all powers vested in him as a constable or policeman shall immediately cease and determine. No person of the police force may resign his office, or with- draw himself from the duties thereof, unless expressly authorised so to do, in writing, by the Insp.-Gen. or insp. under whom he may be placed, or unless he shall give to such insp. or Insp.-Gen. 1 month’s notice of his intention so to resign or withdraw :— Penalty, on resignation or withdrawal without such permission or notice, not excdg. 1 month’s pay, payable to Rec.-Gen. (p. 181); or impr., not excdg. 1 week, with or without h. 1,—One J. P. sufficient. When any person of the police force shall be dismissed from or shall cease to hold and exercise his office, all powers and authorities vested in him as constable shall immediately cease and determine to all intents and purposes whatever. If any such person shall not forthwith, after he shall be dismissed from or cease to hold and exercise his office, deliver over all and every the arms, ammunition, and accoutrements, horse, saddle, bridle, clothing, and other appointments whatsoever which may have been supplied to him for the execution of such office, to such person and at such time and place as shall be directed by the Insp.-Gen. or the insp. under whom he may be placed :— Penalty on default, impr., not excdg. 14 days, with h. 1: J. P. to issue his search warrant for the arms, ammunition, accoutrements, horses, bridles, saddles, clothing, and other appointments whatsoever, not de- livered over, wherever found. If any person of the police force shall be guilty of any neglect or violation of duty in his office, or shall neglect or refuse to obey and execute any warrant lawfully directed to be by him executed, or shall be guilty of any disobedience of the order and regulation framed by the Insp.-Gen., or other misconduct as a member of the police force :— Penalty, not excdg. 2 months’ pay, payable to Rec.-Gen. (p, 181), POLICE—OOLONIAL. 517 ORD 28, '39 deductable from salary, upon a certificate thereof from the convicting J. P. to the Insp.-Gen.; or impr., not excdg. 1 month, with or without A conviction for absence from station and abuse was affirmed, (Water- man v. McCarthy, 2 R. C., 95.) Ss. 6, 7, and 8 of ord, 9, ’389 are repealed by ord. 28, ’39, A note to the Colonist edition of these lawsis as follows:—“ Ss. 7 and 8 @ lee ) are again repealed by ord. 20, ’56, and re-enacted by ord. 24, °b6; but * : inasmuch as they are in substance enacted in ss. 3 and 4 of ord. 28, 39, and that ord. 24, ’56 only placed them in the same condition as if ord. 20, °56 had not been enacted, they remain repealed by ord. 28, ’39.” The correct deduction from such premises would surely be that ss. 3 and. 4 of ord. 28, ’39, being the same in substance as the ss. of ord. 9, 39, re- enacted by ord. 24, ’56, are superseded by the later enactment, and that ss. 7 and 8 of ord. 9,’39 stand as if enacted for the first time in 1856. However, the Editor, being unable to obtain a copy of these ss., is unable to give them in full. ORD 9, ’39 If any person (not appointed and acting under this ord.) ,8 9 Possession shall have in his or her possession any arms, or ammunition, or accoutrements any article of clothing, accoutrements, or appointments supplied bemsins © to any person under this ord., and shall not be able satis- factorily to account for his or her possession thereof, or shall put on or assume the dress, name, designation, or description of any person or persons, or any class of persons appointed under this ord., for the purpose of thereby obtaining admission into any house, or other place, or of doing or procuring to be done, any other act which such person or persons so putting on or assuming such dress, name, designation, or description would not by law be entitled to do, or procure to be done of his or their own authority :— Fine on every such offender, in addition to any other punishment to which he or she may be liable, for every such offence, not excdg. $20; in default of payment, distress, and in default of sufficient distress, impr., not excdg. 1 month, with h. 1—summary jurisdiction, . Power for the Insp.-Gen. or insps., or insp. (or any other S10 Com~ person or persons nominated for the purpose by the Gov.), pie to examine, on oath, into the truth of any charges or complaints preferred against any person appointed under this ord,, of any neglect or violation of duty in his office, and to report thereon to the Gov. Any person who, on such enquiry, or on any other occasion on which an oath may be administered under this ord., shall give false evidence, or take -a false oath, and be thereof duly convicted, shall be deemed guilty of wilful and corrupt perjury. (See “ PERsuRy.”’) In case of dismissal, fines deductable from salary. In the case of the Insp.-Gen., or insps., or persons of the S811. police force, common reputation to be sufficient evidence of appointment without other proof. All fines on policemen under-this ord. paid to the Rec.-Gen, oP ae evidenes: cea, ORD 9, ’39 _ $14 Persons in charge with- ob warrant, Bail. 518 MAGISTERIAL LAW. to be carried by to a separate account to be called ‘The Police Reward Fund,” to be appropriated for the payment of such rewards, gratuities, bounties, pensions, or other allowances, as the Gov, may from time to time award or direct to be paid to any person or persons appointed under this ord., or to the widows and families of any such person at his death. Power for the Gov. to direct that any proportion not excdg. 10s. in the year for every £100 of the salary of every person appointed under this ord. (and so in proportion for any salary less than £100) shall be deducted yearly from such salaries, and added to the Reward Fund. When any person charged with any misd. or petty fel. sha Il be brought without the warrant of a J. P., into the custody of any insp. or serj., sich insp. or serj., if he shall deem it prudent (provided the J. P. before whom the party charged with such misd. or petty fel. is to be taken for examination on such charge, be not then in attendance at his office) may take bail by recognizance without any fee or reward from such person, conditioned that such person shall appear for examina- tion before a J. P. at some place to be specified in the recogni- zance, and at such earliest time then next after which such J. P. shall be in attendance -at his office. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof, as if the same had been taken before a J. P., and the name, residence, and occupation of the party, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknow- ledged, shall be entered in a book, to be kept for that purpose, which shall be laid before such J. P. as shall be present at the time and place when and where the party is required to appear, and if the party do not appear at the time and place required, or within one hour after, the J. P. shall cause a record of the recognizance to be drawn up, signed by him, and shall transmit the same to the Att.-Gen. with a cert. at the back thereof signed by such J. P., that the party or parties have not complied with the obligation therein contained, in order that the party or parties therein mentioned may be proceeded against for the sum or sums forfeited; and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge against him, and the J. P. shall consent thereto, the J. P. may enlarge the recognizance to such further time as he shall appoint. When the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at any Court or other- wise, the recognizance for the appearance of the party before a J. P, shall be discharged without fee or reward, POLICE—COLONTAL. 519 The Insp.-Gen., subject to the approbation of the Gov., shall direct a sufficient number of men and officers to attend on the Js. P. acting in and for their districts, who shall obey and execute all the lawful warrants, orders, and commands of such Js. P. in all matters civil and criminal. When any warrant, order, and command of any Mag. shall be delivered or given to any person in the p. f., he shall, if the time will permit, show or deliver the same to the insp. or serj. of p. under whose immediate command such person in the p. f. shall then be, and such insp. or serj. of p. shall nominate and appoint, by en- dorsement thereon, such one or more of the persons of the p. f., or of other ranks under his orders, and such assistant or assistants to him or them as such insp. or serj. in the p. f. shall think proper, to execute such warrant, order, and com- mand, and every such person in the p. f., or other officer whose name shall be so endorsed, and every such assistant as afore- said, shall have all and every the same rights, powers, and authorities for and in the execution of every such warrant, order, and command, as if the same had been originally directed to him or them expressly by name. When any action shall be brought against any person in the p. f. for any act done in obedience to the warrant of any Mag., such person in the p. f. shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction in the Mag, issuing the same, and such person in the p. f. may plead the general issue, and give such warrant in evidence, and upon producing such warrant, and proving that the signature thereto is the hand- writing of the person whose name shall appear subscribed thereto, and that such person is reported to be and acts as a Mag. for his dist., and that the act or acts complained of were done in obedience to such warrant, the Court which shall try the said issue shall find a verdict for such person of the p. f., and who shall recover his costs of suit. All actions and prosecutions to be commenced against any person for anything done in pursuance of this ord., shall be laid and tried in the Sup. Court and commenced within 6 cal. months after the fact committed, and not otherwise, and notice in writing of such action, and of the cause thereof, shall be given to the deft. 1 cal. month at least before the com- mencement of the action, and in any such action the deft. may plead the general issue, and give this ord. and the special matter in evidence at any trial to be had thereupon. No plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the deft, If a verdict shall pass for the deft., or the plt. shall become nonsuit or ORD 9, ’39 $ 15 District Justices to be furnished with police, Warrants, etc. , how to be exe- cuted, Actions for obeying magistrate. § 16 Actions to be commenced within six months. General issue, Amends, Costs, ORD 9, ’39 $17 Process to bring up. Limitation, $ 18 Fines. $ 21 Want of form. 520 MAGISTERIAL LAW discontinue any such action after ‘issue joined, the deft. shall recover his full cost as between attorney and client, and have the like remedy for the same as any deft. hath by law in other cases, and though a verdict shall be given for the plt. in any such action, such plt. shall not have costs against the deft., unless the Court before which the trial shall be shall certify its approbation of the action, and of the verdict obtained thereon. And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this ord., when any person shall be charged on the oath of a credible witness with any such offence before any J. P., the J. P. may summon the person charged to appear before any J. P. at a time and place to be named in such summons, and if the person charged shall not appear accordingly, then (upon proof of the due service of the summons, by delivering a copy thereof to such person, or his wife or servant, or some inmate of his family, or by leaving the same at his usual place of abode) the J. P. before whom he ought to have appeared may either proceed to hear and deter- mine the case ex parte, or may issue his warrant for apprehend- ing such person and bringing him before him. : The prosecution for any offence punishable upon summary conviction by virtue of this ord. shall be commenced within 3 calendar months after the commission of the offence, and not otherwise. Compare ord. 19, 56. Fines by J. P. for any offence against this ord. not directed to be paid and appropriated to any other fund to be paid to the Rec.-Gen. (p. 181). No person shall by reason of the application of any penalty to the use of the p. f., be deemed to be an in- competent witness under this ord. No J. P. shall be disabled from acting under this ord. by reason of his being liable to the payment of any money for the maintenance of the police. Power for J. P. to adjudge payment of fine immediately or within such period as he shall think fit, and that in default of payment at the time appointed, he shall be imprisoned with h. 1. not excdg. 1 month, where the fine shall not exceed $20. 8. 20 gives a form of conviction.. No conviction, order, warrant, or other matter, made or purporting to be made by virtue of this ord., shall be quashed for want of form, and no warrant of commitment shall be held over by reason of any defect therein, provided that it be alleged therein that the party has been convicted, and there be a good and valid conviction to sanction the same. Where any distress shall be made for levying any money under this ord., the dis- tress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall the party dis- POLICE—RURAL. 521 training be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but the person agerieved by such irregularity may recover full satisfaction for the special damage, if any, by an action at law. Insp.-G., insps. and clerk of p., and other officers, while holding office, are exempt from serving on juries or inquests. If any victualler or keeper of any house, shop, room, or other place for the sale of any liquors, whether spirituous or other- wise, shall knowingly harbour or entertain any man belonging to the p. f.. ov permit such man to abide or remain in his house, shop, room, or other place during any part of the time appointed Sor his being on duty :-— Fine, not excdg. $10. If any person shall assault or resist any person belonging to the p. f. inthe execution of his duty, or shall aid or incite any person so to assault or resist :— Fine, not excdg. $20, or impr., not excdg. 1 m., with h. 1. A heavier punishment is provided by ord. 20, ’56, s. 2—see “ PETTY OFFENCES,” pp. 505 and 510. Whenever it shall be necessary to move any officers or men of the p. f. by any railway, the directors thereof shall permit them, their baggage, etc., to be conveyed at the usual hours of starting at such prices or upon such conditions as may be agreed on with the Gov., on the production of an order signed by the proper authorities : fares not to exceed 8c. per mile for each commissioned officer (first class), and 4c. per mile for each private and his wife, widow, or child above 12 yrs. entitled to be conveyed at the public expense—children under 3, free; under 12, half-price—in seated carriages, protected against the weather, with sufficient space. Each officer may take 1 cwt. of luggage free—each private, his wife or widow, 4 cwt. free—excess at rate of 2 cents per lb, All public baggage, stores, arms, etc., except gunpowder, cte., to be taken at contracted prices, to be conveyed at charges not exedg. 8c. per ton per mile, the assistance of the force being given in loading and unloading. N.B.—For the various provisions of other ords. (scattered over the greater part of this work) affecting police, see Index. a Rural, No person shall be eligible to be appointed a rural constable who is not under 50 years of age, able bodied, and of good character. Any such person as last aforesaid may be recommended in ORD 9, ’39 5 22. § 23 Victual- lers and others harbouring police. § 24 Assaults on police, ORD 15, '46 § 403 Con- veyance by rail, Luggage. ORD 5, '58 5 8 Qualificas tion. 8 4 How writing by any J. P, to the Inf. Cr, C. for his county for Pointed. ORD 5, ’68 8 5 How exempted, § 6 Oath, Precept, $7 Neglecting to take the oath, $ 8 Resigna- tion. e 5 9 Charge of district, 5 10 Sus- pension, § 11 Batons and badges, 522 MAGISTERIAL LAW, appointment as a rural constable. The Court shall not be thereby bound to appoint a greater number of rural constables for any judicial district, village, or other locality than they may deem sufficient, and a correct list of all persons appointed shall be kept by the Clerk. All persons appointed rural constables shall be bound to serve unless exempted by the Inf. Cr. C. for sufficient cause, to be shown at its next sitting after the appointments made, and not later, Every person appointed a rural constable shall on his appoint- ment or within one week after the same shall be notified to him, take before the Inf. Cr, C. for this county, or the St, or Sp. Mag. of the dist., the following oath ;— “Tdo swear that I will well and truly serve our Sovereign Lady tha Queen as a rural constable for (judicial district , , . ) and as a constable generally if need be whenever thereunto required,—So help me God.” And shall thereupon receive a precept signed by the Chairman and countersigned by the Clerk of the said Inf. C, authorising him to act as such constable, Any person appointed, and not excused, refusing or neglect- ing to take the oath or to perform the duties of his office when lawfully required, shall be guilty of an offence :— Fine, not excdg. $5 for each week during which he shall continue such refusal or neglect, Payment of penalty not to excuse from service. No person duly appointed a rural constable shall be at liberty to resign or withdraw from such appointment without giving 80 days’ notice to the St. or Sp. Mag. of his distr., who is hereby required to record the same ;\ and if such constable fail to give the notice herein required he shall be guilty of an offence :— Fine, not less than $5, nor more than $24, Any rural constable ceasing to reside in the judicial district for which he was originally appointed, may, upon his applica- tion, have his precept endorsed by the St. or Sp. Mag. of that dist., and thereupon he shall be recorded by the St. or Sp. Mag. of the dist. in which he is about to reside as a rural constable for such dist., and such Magistrate shall notify the change of residence to the Clerk of the Inf. Cr. C. Any rural constable may be suspended by the St. or Sp. Mag. of the dist. for sufficient cause, and tho case shall be brought before the Inf. Cr. C. at its next sitting. The Court shall remove the suspension or dismiss the constable. Each rural constable shall be provided at the public expense with a baton and distinguishing badge, both of which on his ceasing to act as such constable must be delivered up to the St. POLICE—RURAL, 523 or Sp. Mag. ofthe dist., and every rural constable, when on duty, shall wear his badge and carry his staff. Clerks of Inf. Cr. Courts to furnish lists of r. ¢. The Insp.-G. shall have the general superintendence of the rural constabulary, and the county insp. shall have the im- mediate superintendence of those belonging to each county respectively, and shall explain to them their general duties. The rural constabulary shall be mustered at the most conve- nient place or places, to be appointed by the said insps. in the several judicial districts once in every three months ; they shall at such times produce their batons and badges, and the insp. shall satisfy himself by examining them that they have a com- petent knowledge of the duties of their office. Each St. or Sp. J. P. may appoint two serjeants from among the rural constables of his judicial dist. and also two corporals for every 25 rural constables within his district, and may, from time to time, revoke such appointments and make others in lieu thereof. In the event of any disturbances taking place, the rural constables resident in any judicial district shall repair to the appointed place of muster provided with their batons and badges, and shall place themselves under the orders of the Mags, present, for the suppression of such disturbances and the preservation of peace and order, Refusal or neglect a misd. :— Punishment—impr., with or without h, 1., not excdg. 2 months, Whenever the rural constables for more than one jud. dist. shall be called out or employed together upon active duty, the command shall be taken by the senior Mag. present. Any rural constable who shall neglect to attend muster (with- out leave of absence or other sufficient excuse), or who shall when attending muster disobey the lawful commands of a Mag, or any other superior officer constituted by this ord. :— Fine, not oxcdg, $4, Whenever the rural constables shall be called out or employed upon active duty they shall be paid per day for their services from and out of such sum as may be annually voted for that purpose by the Gov. and Combined’ Court—a serjeant, $1; a corporal, 80c.; and a private, 50c.; and for muster per hour (not exedg. two hours)—serjeant, 16c.; corporal, 12¢c.; and a private, 8¢. Every rural constable shall obey all lawful orders, and shall serve and execute all warrants, summonses, and processes, in all cases, civil and criminal, issued by any J. P. As to fees see ord. 11, ’65, p. 375. If any rural constable shall neglect or refuse to obey any ORD 5, '58 $12 § 13 Relation to police. & 14 Inspec. tions, § 15 How serjeants and corporals ap- pointed, $ 16 In case of disturbances, $17 Com- mand of a joint force. § 18 Absence from muster, § 19 Rates of pay. § 20 Duties, § 21 Refusal, ete, 524 MAGISTERIAL LAW. ORD 5, ’58 order, or to serve or execute any warrant, summons, or process as aforesaid, or shall be guilty of any neglect or violation of duty in his office not otherwise provided for in this ord., every such constable shall be guilty of an offence :— Penalty, not excdg. $10. wee When any rural constable shall be dismissed from or shall cease to hold and exercise his office, all powers and authorities vested in him as a constable shall immediately cease and de- termine, and if any such constable shall not, within one week after he shall be dismissed or shall cease to hold and exercise his office, deliver over the badge, baton, and other appointments whatsoever which may have been supplied to him for the execu- , tion of such office, to the St, or Sp. Mag. of the dist.—misd. :— Impr., with or without h. 1, not excdg. 2 months, The Mag. may issue his warrant to search for and seize all the badges, batons, and other appointments whatsoever, so delivered over, wherever found. $ 23 Death, When any rural constable shall die, his heir, executor, or other representative, or the person in whose house he shall die being possessed of such badge and baton in such house, shall be bound, within fourteen days after such death, to deliver up to the St. or Sp. Mag. of the dist. the badge and baton which may have been supplied to and been in the possession of such constable for the execution of his office at the time of his death. Default, a misd. :— Punishment and warrant as in s, 22. $ 24 Medical In case any rural constable shall sustain bodily injury while eee in the actual discharge of his duty, he shall be provided with medicines and medical attendance at the public expense, on the written authority of the St. or Sp. Mag. of his dist. $ 25 Lists. The Clerks of the several Inf. Cr. Courts shall give due notice in the O.. G. and in one other newspaper of the Col. of all appointments and dismissals of rural constables under this ord., and in Jan. in each year publish in the O. G., etc., a list of all the rural constables appointed and acting within the respective divisions of their several counties, specifying the serjeants and corporals in each div. tan c® errr “Constable ”=serjeants and corporals as well as privates. Georgetown. ORD 26, '60 (Ord. 25, ’60, Part II., ss. 72-81.) aoe The M. and T. C. may appoint t. constables at discretion, for the apprehension of offenders against this ord., to be furnished with such uniform and batons and to receive such monthly pay POLICE—GEORGETOWN. 525 as the M. and T. C. shall determine, and may at any time dismiss any t. constable for misconduct or neglect of duty. No t. constable shall be at liberty to resign his office without giving 8 months’ previous notice, or receiving permission to resign from the M. and T. C. :— Fine on any t. constable who shall resign without giving such notice or receiving such permission, not excdg. $24. If any t. constable shall be guilty of any neglect or violation of duty in his office, or shall neglect or refuse to obey any law- ful order of the M. and T. C. or of any of their officers :— Fine, not excdg. $24, and forfeiture of all pay due. Every person ceasing to serve as at. c. shall, within a week thereafter, deliver over the uniform and baton with which he may be provided to the T. Clerk :— Punishment, in default, impr., with or without h.1., not excdg. 2 months. Power for the P. Mag. to issue his warrant to search for and seize every such uniform and baton which shall not be so delivered over, wherever the same shall be found. When any t. c. shall die, his heir, executor, or other representative, or the householder in whose house he shall die possessed of such uniform or baton, shall be bound, within 14 days after such death, to deliver up the same to the T. C. -— Punishment and warrant, on default, as in s, 75. If any person shall molest, hinder, oppose, or obstruct any officer of the T. Council, or any t. constable, or any person employed by the Mayor and T. Council in the execution of his duty under this ord. :— Fine, not excdg. $24. If any officer of the T. Council or any t. constable shall, under pretence of doing any act under this ord., use any unnecessary violence, or give any uncalled-for or vexatious annoyance :— Fine, on complaint of party aggrieved, not excdg, $50; 3 to com- plainant, and the other to the T. C. : apportionable under ord. 6,72, by Rec.-Gen. (p. 181). Members of the T. Council by themselves, officers, or ser- vants may enter at all reasonable hours in the day time, into and upon any building or land within the limits of G., as well for the purpose of inspection as for the purpose of executing any work authorised to be executed by them under this ord., without being liable to any legal proceedings on account thereof: but not, unless with the consent of the occupier, until after the 85 ORD 25, 60 8 73 Resigna- tion of T. C. S 74 Neglect of duty by T. 0. § 75 T. C. on ceasing to serve to deliver up his uniform. 8 76 T. C. dying, his heir or representative to deliver up his uniform, 8 77 Obstruct- ing officers of the Council. § 78 Officers of the Council giving vexatious annoyance, S$ 79 Right of entry to pre- mises for the purposes of the ord. ORD 25, ’60 8 80. 881, _ ORD 6, '65 $1. S$ 2 Appoint- ment of com- missioners, SS 4, 5 Ap- pointment of inspectors, etc. Removal of ditto. Salaries. § 6 Minutes, etc. 8S 7 Out-door relief. S 8 Power to sue, $ 9 Powers of Crs, 526 MAGISTERIAL LAW. expiration of 24 hours’ previous notice, except when otherwise specially provided. Council liable in damages for the acts of their servants. All penalties imposed under Part II. of this ord. for the re- covery whereof no special provision has been made, may be sued for by and in the name of the Town Clerk. See Part XII. under ‘‘ Sanrrary—Georgetown.” POOR. Repeal clause. The relief of the poor and the administration of all public moneys granted for that purpose shall be conducted by a Board to consist of 5 Crs.; 2 shall form a quorum, the Chairman shall be appointed by the Gov., and the 4 other members shall, from time to time, be appointed by the Gov. and C. of P.; and such Crs. shall be designated ‘‘ Taz Poor Law Crs.,” and shall have the charge, control, and superintendence of the Almshouse in G. (s. 8). te he De may appoint an insp. of the poor for G., and a surgeon for the Almshouse and for the paupers generally, and may remove any officer appointed by him under this ord., and appoint some other proper person in the room of any officer so removed, or in the room of any officer dying, resigning, or becoming incapable of discharging the duties of his office; and all persons so appointed shall be paid at such rates as shall be determined by the Gov. and Combined Court. The Chairman shall, with the assistance of the insp., keep the minutes and accounts, and conduct the correspondence of the B. The insp. shall issue weekly to the out-door paupers of G. the amount of pecuniary relief which may be allowed to them respectively by the Crs., and shall generally perform all such other duties as shall be, from time to time, ordered by the Crs. The said Crs. may sue and be sued by the style of ‘ The Poor Law Crs.” (no abatement by the death of any of them), and shall be reimbursed out of the funds of the Col. all damages, costs, charges, and expenses which they shall be put to or become chargeable with, by reason of any such action or suit, and no such Cr. shall be personally answerable or liable for the payment of the same or any part of the same. The said Crs. may summon before them such persons as they may think necessary for the purpose of being examined upon POOR. 527 any matter concerning the admn. of the laws relating to the relief of the poor, or any other matter placed by law under their control, or for the purpose of producing and verifying upon oath any books, contracts, agreements, accounts, maps, plans, surveys, valuations or writings, or copies of the same, in anywise relating to such matter, and not relating to or involving any question of title to any lands, tenements, or hereditaments, not being the property of any parish; and may examine upon oath any person whom they shall so summon, or who shall voluntarily come before them to be examined upon any such matter, or instead of administering an oath, they may require the party examined to make and subscribe a declaration of the truth of the matter respecting which he shall have been or shall be so examined. , There shall be in each parish a Local Board of Guardians for ‘ the relief of the destitute poor of such parish. The Poor Law Crs. shall be deemed to be the L. B. for the parishes of St. George and St. Andrew in Dem.; the Board of Church and Poor’s Fund of Berbice shall be the L. B. for the parish of All Saints ; and in all other parishes the President and Members of the Vestry shall constitute the L. Bs. thereof respectively ; and the President of each such L. B. shall be the medium of com- munication with the Poor Law Ors. ; and in the case of every parish, except the parishes of St. George and St. Andrew, and of All Saints, it shall be lawful for the Gov., if he shall find it necessary so to do, to appoint the St. J. P. of the dist. to be a Member of the Vestry thereof, for the purposes of this ord. only, anything in any ord. to the contrary notwdg. ; and in any such case the St. J. P. shall, in case of the absence, inability, or failure or refusal to act of the President, act as such President for the purposes of this ord. The Crs. shall have power to appoint, subject to the approval of the Gov., a Sup. of the Almshouse, a Matron of the Alms- house, and such other assistants and servants as may be indis- pensablefor the efficient management and superintendence thereof, at such rates of salary as may be recommended by the Crs. and approved of by the Gov. and Combined Court. Such Sup. and Matron shall reside in the Almshouse. The Crs. are hereby empowered and required from time to time to make and issue all such rules as they shall deem necessary for the good government of the Almshouge; for regulating the. duties of the Surgeon, Insp., Sup., Matron, and all other assistants and servants ; for the repression and punishment of insubordinate and disorderly conduct on the part of the inmates, and the im- posing of fines for the misconduct of assistants and servants ; for the guidance of the L. Bs. of Guardians, and of any officers employed by them in the admn. of relief to the poor, or in ORD 6, '55 Oath or decla- ration, § 10 Local oards. = Stipendiary Magistrate. $ 11 Appoint- ments of servants in the Alms- house. 8 12 Rules. ORD 6, 55 When tobe binding. Provisional sanction. § 13 Tenders, 8 14 Contracts for supplies, 8 16 Punish- ment of paupers refusing to work, 8 16. $17 No paid officer to have an interest in any contracts. 528 MAGISTERIAL LAW. carrying into effect this ord.; and also from time to time to alter, vary, repeal, suspend, or renew the said rules, or any of them, at their discretion; and such rules, alterations, variations, repeals, suspensions, or renewals shall be laid by the Crs. before the Gov. and C. of P., and when approved shall be published in the O. G., and be printed for circulation, and thenceforward be binding upon all persons to whom they apply, and shall be of equal force and effect as if they had formed part of this ord. If no meeting of the C. of P. be held within 10 days after such rules, etc., shall have been sent by the said Crs. to the Sec. of the said Court, it shall be lawful for the Gov. to make order for provisionally carrying the same into effect, until the next meeting of the said Court. The Crs. shall, once in each year, or oftener, if necessary, advertise for tenders for all supplies needed for the support of the inmates of the Almshouse, or for their dietary at so much per head, per diem, according to a prescribed scale. All contracts for such supplies shall be made with the Rec.- Gen. on behalf of the Col.; and all such supplies of whatever description shall be subject to survey, and rejection if need be, and such survey shall be always made, in the first instance, by the Surgeon, Insp., and Sup., and if the contractor fail to replace such articles as may be objected to upon requisition to that effect, the Insp. shall forthwith purchase supplies to make good such deficiency, and the cost thereof shall be deducted from the amount due or to become due to such contractor, or if there shall be no moneys becoming due to him, he shall be liable to be sued for the same in ordinary course of law. If such contractor refuse to abide by the survey of the officers hereinbefore mentioned, he may demand that another survey shall be held, for which purpose he shall nominate some indifferent person, and the Crs. another, and such persons shall nominate a third, and the decision of the majority shall be conclusive and final. Any pauper in the Almshouse who shall be able to perform such work or service as shall be directed by the Sup. or Matron, under the rules established by the Crs., and shall refuse so to do, and any pauper who shall introduce or attempt to introduce into the said Almshouse anything prohibited by such rules, or shall carry out or attempt to carry out any provisions, clothing, or other property provided for his use or belonging to the Alms- house, without being thereto duly authorised :— Punishment—impr., with h. 1., not excdg. 60 days. All property of the Almshouse is vested in the Colony. No Cr. or paid officer employed by or under the Crs., in the management of the Almshouse or of the out-door poor, in whose hands, or under whose control, the providing for, order- POOR. 529 ing, management, or direction of the destitute poor shall or may be placed, shall either in his own name, or in the name of any other person, provide, furnish, or supply, for his own profit, any materials, goods, or provisions, for the use of such Almshouse or poor during the time for which he shall act or retain such appointment, nor shall be concerned directly or indirectly in furnishing or supplying the same, or in any contract relating thereto, nor shall any paid officer on any pretence whatsoever take or receive, or permit to be taken or received on his account any fee or reward from any person obtaining such contract :— Fine, not excdg. $240. The Crs., if they shall think fit, may order any person in the parishes of St. George and St. Andrew, and requiring relief under this ord., to be placed in the Almshouse; and with the consent of the Gov. and C. of P., may make the same order with respect to the poor of any other parish in Dem. and Eiss., and the Board of Church and Poor Fund in Berbice shall have the like powers in regard to persons requiring relief under this ord. within that County. Every person other than an im. (ord. 4, ’64) sent to the said Almshouse by the owner, proprietor, lessee, or other person in possession or charge of any pl., estate, or settlement in the Col., bound to afford hospital accommodation to such person, shall be admitted or rejected in the same manner and upon the same authority as every other person; and in the event of any such person being admitted, the owner, etc., shall be liable and responsible for the payment to the Crs. of such sum not excdg. 64c. as may be from time to time determined by the L. B., for every day in which such. person shall be in said Almshouse ; and if payment of all sums due shall net be made within 10 days after the delivery of an account to the person liable, the same shall be recovered by summary or parate execution from such owner, etc., who shall be liable and responsible as afore- said; and an account of such sums as shall be due, signed by the Chairman, and countersigned by the C. Rec.-Gen., shall, without proof of any such signatures, and without proof of any other matter or thing, be deemed and held to be, in all Courts and by all Judges and Mags., prima facie evidence of ‘such account being in every particular correct. On the admission of any im. into the Almshouse, the Sup. shall give notice thereof to the I. A. G., and if it shall appear that such im. is at the time under ind. to any employer, the ORD 6, '65 S 18 Commis- sioners may order certain persons to be placed in the Almshouwse. 8 19 Regula- tions. § 20 Notice of ims, being in the Alms- house to be sent to the I. I. A. G. shall call upon such employer to make payment for the a @ future maintenance of such im. as hereinbefore provided ; and if such employer shall fail so to do, or to remove such im. to the hospital of the estate to which he shall belong, the cost ORD 6, ’55 § 21 Future workhouses to be subject to the rules laid down as regards other work- houses. S$ 22 Rules to be filed. § 23 Expenses. § 24 Accounts. $25 Registers. §S 26 Persons entitled to relief. “§ 27 Orphan ‘children. 580 MAGISTERIAL LAW. of such maintenance from the time of such demand being made shall be recovered in manner provided by the preceding clause. The Gen. Asylum for the poor at New-Am., and any work- house or other house for the relief of the aged and infirm poor which may be established hereafter in the rural districts, shall be subject to the rules hereinbefore laid down for the Alms- house, but such rules may in any such case be modified by any order to be made by the Crs. under s. 12. The Presidents of the L. Bs. of Guardians shall file all rules made by the Crs., and all alterations, variations, repeals, sus- pensions, and renewals of the same, and shall, with the assis- tance of the police, circulate them when necessary within their respective districts. All and every the expenses to be incurred for the relief of the destitute poor in this Col. shall be paid and defrayed out of the funds which may be for that purpose placed at the disposal of the Poor Law Crs. The L. Bs. of Guardians shall keep regular accounts of their receipts and disbursements for the relief of the poor, and shall, whenever required by the Poor Law Crs., produce a balance sheet of such accounts. The L. Bs. of Guardians shall keep registers of the paupers to whom relief is awarded by them, in such manner and form as may be directed by the Poor Law Crs., and such Registers and the Minute Books of the L. Bs., except in the case of the parish of All Saints, in the County of Berbice, shall be furnished by the said Crs. and paid for out of the funds placed at their disposal. : Every aged or infirm person, and every child under the age of 14 years (children in the Orphan Asylum and School of Industry of B. G. excepted), unable to earn sufficient for his maintenance, and not having any means sufiicient for such pur- pose, and not having-any relative liable and able to support or contribute to the support of such person or child, shall be entitled to relief from the funds at the disposal of the Poor Law Crs.: Provided that relief may be afforded to aged and infirm persons or children having relatives able to support or to con- tribute to support them, under reservation of the liability of such. relatives as hereinafter provided for. S. Magistrates are often appointed under s. 10 to pay people under this s. They can also by their written order authorise the payment of $3 for burial of a poor person. The L. B. of any parish or district, or the President thereof, shall send to the Orphan Asylum and School of Industry all orphan children requiring relief who may be admissible into said institution by virtue of the provisions of ord. 4, '52. POOR. 5381 The L. Bs. shall meet in the first week of Jan. and in the 1st week of July in each year, and shall at such meetings appoint so many persons, to be by them selected, as may be previously authorised by the Poor Law Crs., to make enquiry into, and to report upon, the circumstances of the poor resident in the parish, who may at the time be in the receipt of, or who may be in need of, assistance from the public funds, and such persons shall be paid at such rates as the said Crs. shall direct ; and the L. Bs. shall, upon some early day, not later than the 31st Jan. or the 31st July, as the case may be, to be fixed by the President, hold a meeting for the purpose of receiving and considering the reports of the persons appointed as aforesaid, and shall at such meeting, or at an adjournment thereof, upon consideration of such reports, and upon personal inspection, where the same may be necessary and practicable, of the persons receiving or applying for relief, fix the amount of assistance to be given to any such applicant, or, if they shall see fit, direct the allowance previously issued to any such ap- plicant to be increased, discontinued, or reduced; and the President shall at the close of the proceedings under this s. transmit the reports furnished to the L. B., together with a list of the allowances granted, increased, reduced, or discontinued, to the P. L. Crs., and all allowances shall, during the ensuing 6 months, be paid according to such list: Provided that it shall be lawful for the said Crs., if upon enquiry they shall deem it necessary, to alter the amount of any such allowance, or to direct it to be discontinued, or to direct any allowance discontinued to be restored. The P. L. Crs., at any time after the preparation of the list by s. 28 required, and in cases of necessity, may grant assistance to persons requiring the same. Medicine may be supplied, on a written order signed by the District Medical Officer, and countersigned by the Stipendiary Magistrate, by any druggist. All sums required for the relief of the poor in any parish “shall, from time to time, be remitted by the P. L. Crs. to the President of the L. B. for distribution ; except in case of any person requiring relief not residing within the limits of any parish, which shall be dealt with by the P. L. Crs. Every husband shall be liable to maintain every child, legiti- mate or illegitimate, which his wife may have at the time of her marriage with him, until such child shall attain the age of 14 yrs., or until the death of the mother of such child, and every father shall be liable to maintain his legitimate child until such child have attained the age of 14 yrs., or longer in the event of any such child being or becoming incapable of labour. Every widow shall be liable to maintain her legitimate or illegitimate ORD 6, ’55 5 28 Meetings. 5 29 Relief may be grauted in cases of ne- cussity, §S 30 Amount required to be remitted by P. L. C. to Local Boards. 5 31 Liability of husband to maintain family. Of widow. ORD 6, ’55 Of unmarried. woman, Recovery of relief given. S 32 Legiti- mate and ille- gitimate children—step or other fathers. To support parents, Recovery of relief. 8 33 Relief for child, to whom given. S$ 34 Amount when recover- able, § 35 In case of persons receiving relief ewning property. 532 MAGISTERIAL LAW. child until such child attain the age of 14 yrs., or longer in the event of such child being or becoming incapable of labour. Every unmarried woman shall, except as hereinafter provided, be subject to a like liability in respect to her illegitimate child. In case relief shall be given under this ord. to any such child as is herein described, any J. P. may on the application of the President of the L. B., or of some person thereto authorised in writing by such President, or by the P. L. Crs., direct, by an order under his hand, that a sum, not excdg. the cost price or amount of such relief, shall be paid by the person liable for the maintenance of such child to such L. B, or P. L. Crs.; and also to determine the sum payable by such person periodically thenceforward in respect of relief to be subsequently admi- nistered to such child, and all sums herein mentioned shall, if not paid when and as they become due, be recoverable by such L. B. or P. L. Crs., or by some person thereto authorised in writing by either of them. Every child who shall have received assistance at any time from the husband of his mother shall, during the lifetime of his mother, be liable, according to his ability, if such husband shall be unable to support himself, to support or contribute to the support of such husband. Every legitimate child shall, in the event of a like inability on the part of his parents or either of them, be subject to a like liability. And every illegitimate child shall, in the event of a like inability on the part of his mother, be subject to a like liability. And in case relief shall be given under this ord. to any such husband or parent, it shall be lawful for any J. P., on the application of the President of the L. B., or of some person thereto authorised in writing by such Presi- dent, or by the P. L. Crs., to direct, by an order under his hand, that a sum not excdg. the cost price or amount of such relief, shall be paid by such child, and if there be more than one child, then by the children jointly and severally, to such B. or Crs.; and also to determine the sum payable by each such child periodically thenceforward in respect of relief to be subsequently administered to such husband or parent, and all sums herein mentioned shall, if not paid when and as they become due, be recoverable by such B. or Crs., or by some person thereto authorised in writing by either of them. All relief given to or on account of any child under the age of 14 years shall be considered as given to the father or mother of such child. (See s. 41.) Any relief given to any party having relatives liable for his maintenance, shall be recoverable from the relatives so liable, under this ord. In the event of any person to whom relief shall be awarded and paid under this ord., being the owner of any property, POOR. 533 such property shall be taken possession of by the Admin.-Gen, within whose district the property is situate, or by some person by him authorised in writing, and shall be handed over to the P. Marshal, to be by him sold under the provisions of ord. 5, ’46, applicable to the sales at execution of movable and im- movable property ; and the proceeds of every such sale, after payment of all expenses, and repayment of any relief to such person awarded and paid, shall be applied to the benefit of such person. If any person shall desert and leave his wife or any child whom such person shall be liable to maintain, so that such wife or child shall become, or be likely to become destitute, or if any child shall abscond from his usual place of abode with the view to evade liability for any maintenance as aforesaid, or shall wil- fully and obstinately refuse to obey the order of any J. P. under this ord. for the repayment of relief afforded or to be afforded to such parent— On complaint of any person authorised in writing by the President of the Local Board (summary jurisdiction), punishment—impr., with h. L., not excdg. 3 months, and any salary, wages, or debts due, to be liable and executable for the amount of relief. Tt shall not be lawful for the mother or guardian of any illegitimate child, or any other person on behalf of such child, to commence proceedings at law against the reputed father of such child before the Sup. Civil Court, for the maintenance and support of any such child. Any single woman who has or may have an illegitimate child, may, at any time before such child attains the age of 14 years, make application to any J. P. for a summons to be served on the man alleged by her to be the father of such child; and such J. P. shall thereupon issue his summons to the person alleged to be the father of such child to appear before him on any day and at any place to be fixed by him, not less than 6 nor more than 14 days after the date of such summons. Such J. P. shall hear the evidence of such woman, and such other evidence as she may produce, and shall also hear an evidence tendered by or on behalf of the person alleged to be the father, and he may adjudge the man to be the putative father of such illegitimate child: Provided always, that when the evidence of the mother is not corroborated by other testi- mony, such J. P. shall not adjudge the man to be such putative father, if he shall declare on oath that he has not had carnal knowledge of such mother within 10 months next before the birth of such child, (See s. 45.) A conviction was held void from the Mag. refusing to receive evidence on the man’s behalf “as unnecessary.” (De Cambrav. Ben, 1 R. C., 78.) A Mag. cannot increase an allowance once determined upon under s, 40, (Macedo v, Anthony, 1 R. C., 118.) ORD 6, '55 S 36 Desertion of wives or children. 8 37 No suits in Sup. Court. S 38 Other remedy given, § 39 The hearing—the Y woman prose- cuting. Mother's evi dence to be corroborated, ORD 6, ’65 Form of affilia- tion order. § 40 Justice to make orders. Midwife. Arrears. § 41 Money payable to the mothur except in certain cases, 584 MAGISTERIAL LAW. “ The order of affiliation should contain simply an adjudication that the deft. is the putative father of the child, and an order on him to pay to the mother, so long as she shall live and is of sound mind, and shall not be in any prison, or to the person who may be appointed to have the custody of the child, a weekly sum to be therein named, until such child shall attain the age of 14 years, or shall die, or the mother shall marry ; with such order as to costs and other incidental expenses as to the J. P. shall seem meet. A copy of the order when drawn up should be served upon the deft., and if disobeyed for the space of a month the mother may apply for a warrant against him verifying her complaint or infor- mation upon oath. The complaint or information being duly sworn to, the next step is for the J. P. to issue his warrant for the apprehension of the deft., to be brought before a Sp. or St.J. P., to be dealt with accord- ing to law. On the deft. being brought up and alleging no sufficient legal reason for non-compliance with the order, the Mag. may then issue a distress warrant for the recovery of the arrears under the affiliation, not excdg. the amount due for 12 weeks. If the deft. has no goods and chattels upon which a distress can be levied, then a warrant of commit- ment may be issued, but as only 12 weeks’ arrears are recoverable in dis- charge of the whole debt, the mother, to keep alive her claim to arrears under the order, should apply for a fresh warrant as each 12 weeks expire without payment.” The Judge then said: “I have been thus par- ticular in pointing out the right procedure because I believed that misap- prehension existed as to it.” (De Cambra v. Ben, supra.) Upon such adjudication as aforesaid, such J. P. may make an order on such father for the payment to the mother or to any person who may be appointed to have the custody of such child, under this ord., of a sum of money weekly, including, if he thinks proper, a sum not excdg. $5 for the midwife, and $5 towards the funeral expenses of the child, if such child shall have died, and such costs as may have been incurred in obtain- ing such order ; and if the application be made before the birth of the child, or within 2 cal. months after the birth of the child, such weekly sum may be calculated from the birth of the child, at a rate not excdg. $1.50 per week for the first 6 weeks after the birth of such child, and in other cases not excdg. $2 per week, from the time of the making of the applica- tion; and if at any time after the expiration of 1 cal. month from the making of such order as aforesaid, it shall appear to any J. P., upon oath or affirmation, that any sum to be paid in pursuance of such order has not been paid, such J. P. may, by warrant, cause such father to be brought before any two Js. P. to be dealt with according to law: Provided always that if the woman shall have allowed the weekly payments to be in arrear for more than 12 successive weeks, without appli- cation to a J. P., the father shall not be called upon to pay more than the amount due for 12 weeks in discharge of the whole debt, and no warrant of distress shall be issued for more than the amount of arrears for 12 weeks. All money payable under any order as aforesaid shall be due and payable to the mother of the illegitimate child in respect of POOR. 5385 such time and so long as she lives and is of sound mind, and is not in any prison, or under sentence of transportation; and after her death, or whilst she is of unsound mind, or confined in any prison, or under sentence of transportation, any two Js. P. may, by order, transfer the care of such child to the Directors of the Orphan Asylum and School of Industry, and such Directors shall be empowered to make application for the recovery of all sums due or becoming due under the order of such J. P. as aforesaid, in the same manner as the mother of such child might have done; and the J. P. making any order on the putative father of an illegitimate child, as hereinbefore pro- vided, shall, as soon as may be, send a duplicate of such order, signed by such J. P., to the Presideut of the L. B. of the parish or district in which the mother of such child resided at the time of making such order. No order for the maintenance or support of any illegitimate child made in pursuance of this ord. shall, except for the purpose of recovering money previously due under such order, be of any force or validity after the child in respect of whom it was made has attained the age of 14 years, unless such child shall be or become incapable of labour; or after the marriage of the mother of such child; or after the death of such child. The putative father of any such illegitimate child as aforesaid, as soon as such child shall have attained the age of 7 years, shall be, and he is hereby declared entitled to claim the possession, custody, power, and control of such child, and any 2 Js. P., upon application duly made by the putative father of such child, shall, upon proof given that such putative father is the father of such child, and is ready and willing and able suitably to main- tain, keep, and support such child, and that it will be to the advantage and benefit of such child to be transferred from the care of its mother to that of its putative father, issue their warrant ordering and directing the mother of such child, or such other person or persons in whose custody, power, or control such child may happen to be, to deliver such child to the said putative father. thereof, and upon refusal to obey such order such Js. P. shall issue their warrant authorising any constable to take possession of such child and to deliver it to such putative father. When any illegitimate child shall, by reason of the inability of the mother of such child to provide for its maintenance, become chargeable to any parish, the President of the L. B., or some person thereto authorised in writing by him, shall apply to any J. P. for an order upon the person charged with being the putative father of such child to reimburse such parish for its maintenance and support. Whenever any such application shall be made, any J. P. may ORD 6, ’55 Transfer to asylum, etc. Duplicate order. Limitation of order. § 42 Putative father entitled to possession of child at a certain age. Warrant for custody of child. S 48 Illegiti- mate children chargeable on parish, § 44 In such case, power to summon father. ORD 6, ’55 $ 45 The hearing—the parish prose- cuting. Mother's evi- dence to be corroborated. $ 46 Party not appearing. Agreement, Evidence. $ 47 Continu- ance of Justice’s order. § 48 Warrant on arrears, § 50 Falso evidence, 536 MAGISTERIAL LAW. summon the person so charged with being the father of such illegitimate child to appear before him, and if such J. P. shall be satisfied that such person has any intention to abscond or keep out of the way in order to avoid the consequences of such application, he may require such person to enter into recog. to appear and answer thereto, and in case such person shall refuse to enter into such recog., may commit him to prison until he shall enter into such recog., or until such application shall be heard. Upon such application as aforesaid, the said J. P. shall pro- ceed to hear evidence thereon, and if he shall be satisfied after hearing both parties, that the person so charged is really and in truth the father of such illegitimate child, he shall make such order upon such person as shall appear to him just and reason- able, according to this ord. No such order shall be made upon the evidence of the mother of such child without being corroborated in some material particular by other testimony to the satisfaction of such J. P., if such person so charged shall declare on oath that he has not had carnal knowledge of such mother within 10 months next before the birth of such child. (See s. 89.) If such person so charged shall not appear by himself or some one authorised to appear for him at the time when such applica- tion shall come to be heard, such J. P. shall, nevertheless, proceed to hear the same, unless the L. B. shall produce an agreement under the hand of such person to abide by such order as such J. P. shall make thereon without the hearing of evidence : Provided always, that such J. P. may, notwithstand- ing such agreement, require that evidence be given in support of such application. (See s. 52 as to costs.) In the event of such J. P. making an order requiring the father of any such illegitimate child to pay monthly a sum of money to the President of such L. B. for the maintenance of such child while so chargeable, such order shall continue in force until such child shall attain the age of 14 yrs., or longer in the event of such child being or becoming incapable of labour ; and such money shall be paid to such President, or to any person by him appointed. If at any time after the expiration of 1 cal. month after an order shall have been made in pursuance of such application it shall appear to the J. P., upon the oath of any credible person, that the payments directed to be made by such order have not been made according thereto, and are in arrear, it shall be lawful for such J. P. to grant a warrant under his hand for the recovery of the amount thereof with costs. 5. 49 rep. by ord. 21, 56, “ Perry Orrences.” Every person who upon any examination under the authority of this ord, shall wilfully give false evidence, or wilfully make or POST OFFICE. 537 subscribe a false declaration, shall, on being convicted thereof, suffer the pains and penalties of perjury. Every person who shall refuse or wilfully neglect to attend in obedience to any summons of the P. L. Crs., or to give evidence before them, or who shall wilfully alter, suppress, conceal, destroy, or refuse to produce any books, contracts, agreements, accounts, maps, plans, surveys, valuations, or writings, or copies of the same, which may be required to be produced for the purposes of this ord., shall be deemed guilty of a misd. :— Ordinary pun. for misd, The auction duties and all duties on execution sales hitherto payable for the support of the poor shall be collected in manner already provided for, and shall be paid over to the Rec.-Gen. Whenever it shall be necessary for the President of any L. B. to employ any person to make a claim or complaint before any J. P. as hereinbefore provided, it shall be lawful for such J. P., and he is hereby required, to order the party complained against to pay, over and above the amount claimed, and which he may be adjudged to pay, a sum not excdg. $1, for each day that the person so employed may be required to attend before such J. P. for the prosecution of such complaint. Procedure (except when otherwise specially provided) under ord. 19,56, as to fines not excdg. $50; above that, up to $240 (Inf. Crim. Court), Forms annexed. No summons, etc., to be void for want of form. Interpretation clause. POST OFFICH. Interpretation clause—see s. 1 of ord., Colonist Edn. Every offence to be a fel. or misd. according to the law of EH. Every person employed under the p. 0. who shall steal, or shall for any purpose whatever embezzle, secrete, or destroy, a p. letter ;—fel. :-— Punishment—p. s., for 5 years, or impr., not excdg. 2 years, with or without h.1., and with or without s. c., and, if a male under 16, with or without w.: and if the post letter contain any chattel or money whatso- ever, or any valuable security, p. s., not excdg. 14 years, and not less than 5 years; or impr., not excdg. 2 years, with or without h. 1, and with or without s. c., and if a male under 16, with or without w. Every person who shall steal from or out of a p. letter any chattel or money or valuable security ;—fel. :— Punishment as in s, 3, last part, ORD 6, ’55 Disobedience of summons of PLC. 8 51 Auction duties, § 52 Expenses of persons ap- pearing to prose- cute. 5 53. § 54. 5 55. ORD 9, ’66 S 2 English law. § 3 Stealing, embezzling, secreting, or destroying letter, Containing chattel, money, or valuable security. S 4 Stealing chattel, money, or valuable security from or out of letter, ORD 9, '66 § 5 Stealing letter bag or letter from letter. $ 6 Larceny of letter-bag, etc. 8 7 Receivers, § 8 Employé opening letter, etc, Proviso, § 9 Retaining, secreting, keep- ing, or detaining, or neglecting, or refusing when required, to give up letter wrongly delivered, or lost letter or letter bag. 538 MAGISTERIAL LAW. Every person who shall steal a p. letter bag, or a p. letter from a p. letter bag, or shall steal a p. letter from a p. o., or from an officer of the p. o., or from a mail, or shall stop a mail with intent to rob or search the same ;—fel. :— P. s, not excdg. 14 yrs. and not less than 5 yrs., or impr., not less than 2 yrs., with or without h. 1. and s. c., and, if a male under 16, with or without w. Every person who shall steal or unlawfully take away a p. letter bag sent by a p. o. packet ;—or who shall steal or unlaw- fully take a letter out of any such bag ;—or shall unlawfully open any such bag ;—fel. :— Punishment as in s. 5, except impr. not exedg. 2 yrs. Every person who shall receive any post letter, or post letter bag, or any chattel or money or valuable security, the stealing or taking or embezzling or secreting whereof shall amount to a fel. hereunder, knowing the same to have been feloniously stolen, embezzled, or secreted, and to have been sent or to have been intended to be sent by the post ;—tel. :—and may be indicted and convicted either as an accessory after the fact, or for a substantive fel., and in the latter case, whether the frincipal felon shall or shall not have been previously con- victed, or shall or shall not be amenable to justice howsoever convicted :— Punishment as in s. 6. Every person employed under the p. 0., who shall, contrary to his duty, open or procure or suffer to be opened a post letter ;—or shall wilfully detain or delay, or procure or suffer to be detained or delayed, a post letter ;—misd. :— Punishment as in s. 9, infra. Nothing herein contained shall extend to the opening or detaining or delaying of a p. letter returned for want of true direction, or of a p. letter returned by reason that the person to whom the same shall be directed is dead or cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage thereof; nor to the opening or detaining or delaying of a p. letter in obedience to an express warrant in writing under the hand of the Gov. Every person who shall fraudulently retain, or shall wilfully secrete or keep or detain, or being required to deliver up by an officer of the p. o., shall neglect or refuse to deliver up a p. letter which ought to have been delivered to any other person, or a p. letter bag or p. letter which shall have been sent, whether the same shall have heen found by the person secreting, keeping, or detaining, or neglecting or refusing to deliver up the same, or by any other person ;—misd, :— POST OFFICE. 539 Sup. or Infr. Court—fine, not excdg. $100, or impr., with or without h. 1., not excdg. 1 year, or both. Every person employed under the p. 0. who shall steal, or for any purpose embezzle, secrete, or destroy, or shall wilfully detain, or delay in course of conveyance or delivery thereof by the p., any printed newspaper, parcel, or official document, or any other printed paper whatever sent by the p. without covers, or in covers open at the sides ;—misd. :— Punishment as in s. 9. Every person who shall solicit or endeavour to procure any other person to commit a fel. or misd. punishable by this ord. ;—misd. :— Sup. Court—impr., not excdg. 2 yrs., with or without h.1., and with or without s. c., and if a male under 16 yrs., with or without w. Any person found committing any offence punishable by this ord. may be immediately apprehended without a warrant by any person, and forthwith taken together with such property, if any, before some neighbouring J. P., to be dealt with accord- ing to law; and if any credible witness shall prove upon oath before any St. J. P. a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any offence punishable by this ord. shall have been committed, the J. P. may grant a warrant to search for such property as in the case of stolen goods. And any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorised and, if in his power, is required, to apprehend and forthwith to take before a J. P. the party offering the same, together with such property, to be dealt with according to law. Any constable or peace officer may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard, or other place, during the night, and whom he shall have good cause to suspect of having committed, or being about to commit, any fel. in this ord. mentioned, and shall take such person, as soon as reasonably may be, before a J. P., to be dealt with according to law. All actions and prosecutions to be commenced against any person for anything done in pursuance hereof shall be com- menced within 6 months after the fact committed. (As to notice of action, etc., see s. 65 of ord, 21, ’62, p. 488.) Offences against the p. o. ord, may be dealt with in the county or place where committed, or in which the offender is apprehended or in custody, or through which the mail, person, ORD 9, ’66 $ 10 Stealing, embezzling, secreting, destroying, detaining, or delaying any newspaper, parcel, official document, or printed paper sent by post, $ 11 Solicita- tion, § 12 Appre- hension o! person com-. mitting offence, Search war- rants, Apprehension by pawnbroker, etc. § 13 Person loitering about, and suspected of fel. may be apprehended, § 14 Limita- tion of prosecu- tion, etc, $ 15 Venue in indictment. ORD 9, ’66 § 16 Property ~—indictment, S$ 19 Recogni- zances to keep peace, 8 20. ORD 2, ’60 8 1 Staff, 82. 83. S 4 Immu- nities, § 6 Exclusive privilege. Exceptions, 540 MAGISTERIAL LAW. letter bag, letter, chattel, money, or valuable security, shall have passed. The property of a p. letter bag, or a p. letter, or a chattel, money, or valuable security, or a newspaper, parcel, official document, or printed paper, in the indictment or charge is to be laid in the C. postmaster, without naming him, and without allegation or proof of any value. If the offender be employed under the p. office, it is sufficient to allege the fact, without further particulars. As to sentence of h. 1. (s. 17) and s. c., and w. (‘ InpictasLE OrrEnces ”’ only), see ss. 69 and 70 of ord. 20, '62, p. 426. On conviction of any indictable misd., in addition to, or in lieu of, any of the punishments aforesaid, a fine, with recogni- zance, with or without sureties, to keep the peace. In fel. the Court may require recognizance, with or without sureties, to keep the peace, in addition to any punishment aforesaid. No person shall be imprisoned for not finding sureties, excdg. 1 year. This ord. to be construed with ord. 22, ’62 ‘‘ Larceny.’’ H. M. may appoint a Colonial postmaster, a deputy do. for Berbice, and dist. postmasters and letter carriers. Any member of the police in charge of a station in the rural districts with postal communication shall be ex-officio a dist. postmaster; any member of the said force entrusted with the conveyance by land or water of any letter ex-officio, to be a letter carrier, unless the Gov. and C. of P. shall otherwise direct. The dep. postmaster, dist. do., and letter carrier shall be subject to the orders of the Colonial postmaster. Colonial postmaster and dep. postmaster, within 14 days after appointment, to give a security bond. Salaries as fixed by the Gov. and Combined Court. No officer of the p.-o. shall be compelled to serve in any corporate or other public office or employment, or on any jury or inquest, or in the militia. Gen. p. office in G.; a branch office in New-Am. ; power for the Gov. and C. of P. to appoint others, etc. H. M., officers appointed hereunder, and their respective servants and agents, shall have the exclusive privilege of con- veying from one place to another, between which postal com- munication shall be established, all letters, including the incidental services of receiving, collecting, sending, despatching, and delivering, except :—(a) Letters sent by a private friend in his way, journey, or travel, so as such letters be delivered by such friend to the party to whom they shall be directed ;— (4) Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver thereof ;—(c) Legal POST OFFICE. 541 process or proceedings, or returns thereof, issuing out of, or connected with, a Court of Justice ;—(d) Letters sent out of the Colony by a private vessel, not being a packet ;—(e) Letters of merchants, owners of vessels of merchandise, or the cargo or loading therein, sent by such vessel of merchandise, or by any person employed by such owner for the carriage of such letters, according to their respective directions, and delivered to the respective persons to whom they shall be directed, without paying or receiving hire or reward, advantage or profit, from the same in any wise ;—(f) Letters concerning goods or mer- chandise sent by common known carriers to be delivered with the goods which such letters concern without hire or reward or other profit or advantage for receiving or delivering such letters ;— But nothing hereinbefore contained shall authorise any person to make a collection of such excepted letters for the purpose of sending them in the manner hereby authorised. (g) Letters arriving by post in this Col. and delivered at the gen. p.o. in G., or at the branch p. o. in New-Am., to the agents of the respective persons to whom they shall be directed, and letters for parts out of the Col. sent to be posted at such gen. p. o. or branch p. o. The following persons are expressly forbidden to carry a letter, or to receive, or collect, or deliver a letter, although they shall not receive hire or reward for the same, that is to say :— (a) Drivers of mail carts or carriages, and persons in charge of mails, members of the police force, except letters from the insp.-gen. or an insp. of police, or an officer in charge of a station, such letters being exclusively on the business of the police department ;—(b) Common known carriers, their servants or agents, except a letter concerning goods in their carts, waggons, or carriages ;—(c) Owners, masters, or commanders of ships, vessels, steamboats, or droghers, sailing or passing coastwise or otherwise, between places within this Col., or their servants or agents, except in respect of letters of merchants, owners of ships or goods on board, or of letters on the business of pls. sent by droghers employed on behalf of such pls. ;— (d) Passengers ‘or other persons on board any such ships, vessels, steamboats, or droghers, except messengers sent on purpose concerning the private affairs of the sender or receiver thereof. Ss. 8 and 10 rep. by ord. 13, ’60, infra. No letter, newspaper, or parcel coming from the U. K. by post and delivered in conformity with s. 8; and no letter, newspaper, or parcel sent to the U. K. and posted in G. or New-Am., shall be liable to any other rate of postage than that 36 ORD 2, '60 _§ 7 Prohibi- tions, 88 8, 10. 89. 542 MAGISTERIAL LAW. ORD 2, '60 charged by the Imperial Govt., to be collected by the Colonial . postmaster or his deputies; and if any such letter, newspaper, or parcel shall be posted in G. or New-Am. for the purpose of being delivered at any country p. o., or shall be posted at any country p. 0. to be sent to the U. K., such letter, newspaper, onDis "2 Sette shall be liable to the rate of inland postage hereinafter ene Forvin No inland postage shall be charged or be payable upon any etters. letter or newspaper arriving by p. in this Col. from any place beyond the limits of the same, and delivered at any country p. 0., nor upon any letter or newspaper posted at any country p. 0. for transmission beyond the limits of the Col. On every Rateof2cents, letter arriving in this Col. from any place beyond the limits of the same, except from or passing through the U. K., and on every letter posted in this Col. for transmission beyond the limits thereof, except for transmission to or through the U. K., there shall be charged and be paid one uniform Colonial postage rate of 2c. on every letter of the weight of doz. or under, and an additional rate of 2c. for every weight not excdg. $0z. over and above the weight of the first 40z.; and in addition to such rates of Colonial postage, the Colonial postmaster shall, by himself and his deputies, collect and receive the postage payable ORD 2, 60 to H. M. on every such letter in all cases where such postage shall be payable. Paulas The postage payable on all letters, newspapers, and parcels reicl arriving in this Col. for delivery therein in cases where the same shall not be duly prepaid, shall be paid by the person to whom the same may be addressed on the delivery of the same ORDI5,'60 1 him, § 3 Delivery. All letters, newspapers, or parcels transmitted by p. to this CoJ. for delivery therein shall be delivered to the person to sepia es whom the same may be addressed at the p. o. nearest to the residence of such person. §81,2Inter- | The Gov. is empowered to enter into reciprocal arrangements colonial postage. with the colonies in the W. I., so long as the rates of postage on despatching and receiving letters, newspapers, and parcels shall be the same in both places. Both postage rates, including sea conveyance, to be collected in advance, at the place of despatch, and dealt with as agreed upon. , Notice of such arrangements to be published in the O. G., and thereupon carried out. Any such letter, etc., not, or in- sufficiently, prepaid, to be forwarded, but charged with an additional rate. 8 1z Rates of All letters transmitted by the post from any one place to inland postege. any other place within the limits of this Col., shall be charged by weight, according to the following scale, and the several numbers of rates of postage hereinafter set forth shall be ORD 2, ’€0} POST OFFICE. 543 charged, and shall be paid to H. M. for the use of the Colony and in support of the Govt. thereof, on all such letters, that is to say :—On every letter not excdg. j0z. in weight, one rate of postage; on every letter excdg. 30z. and not excdg. loz. in weight, 2 rates of postage; on every letter excdg. loz. and not excdg. 20z. in weight, 4 rates of postage; on every letter excdg. 20z. and not excdg. 30z. in weight, 6 rates of postage ; and on every letter excdg. 30z. and not excdg. 4oz. in weight, 8 rates of postage ; and for every oz. in weight above the rate of 40z. there shall be charged and taken two additional rates of postage; and every fraction of an oz. above the weight of 4oz. shall be charged as one additional oz.; and on all such letters there shall be paid the following rates of postage, that is to say :—On every letter not excdg. oz. in weight, one uniform rate of 4c.; and on every letter excdg. j0z. in weight, pro- gressive and additional rates of postage (each additional rate being estimated at 4c.) according to the scale of weight and number of rates hereinbefore fixed and declared. Power for the Gov. and Combined Court to alter or vary the said rates. Letters posted in G. or New-Am. for delivery in same place, 2c. per $0z.. (Resolution 13 May, 1868.) The Gov. to provide postage stamps or dies or other imple- ments for expressing and denoting the rates or duties of postage. Power for the Gov. to appoint persons to retail the stamps under regulations made by the Gov. and C. of P. Rates of postage payable on all letters and parcels transmitted by the p. from one place to any other place within the Col. :— On each letter not excdg. 402. eee ave sae wi 2s Above 4oz. and not excdg. loz. ae aids sie w. 40, Above loz. and not exedg. 1}0z. ea aes a vee 6c. and so on at the rate of 2c. for every }0z. or fraction thereof. Parcels containing books, or printed circulars, or patterns, or samples, in covers open at the sides, and subject to the provisions of ss. 15,16, and 17 of ord, 2, 60 :— On each parcel not excdg. loz. sais oo els zige Gs Above loz. and not excdg. 4o0z. sa wide eve sis, 120s Above 40z. and not excdg. 80z. a fag we. 6c. and so on at the rate of 2c. for every 40z., or fraction thereof, additional. . No parcel to exceed 2lb., or 18in. in length, or 9in. in width or depth* In case the number of parcels posted at any particular p. o. should be greater in number or bulk than can be despatched in an ordinary mail- bag, the postmaster of any such o. shall be at liberty to detain a portion of the parcels until the following day. Printed newspapers brought to this Col. by ee beats or private ships, and delivered i in G. or New-Am. ... ei -»» free, ORD 2, ’60 $13. ‘ 814 RESOLUTION JUNE 12, '72 Parcels. § 15 Special Tates respecting, ORD 2, '60 newspapers, parcels, ete, Patterns, 8 16 Condi- tions for postage of printed papers. § 17 Power to examine papers sent by post. § 18 Under- paid or unpaid postage. 88 19, 20 Ex- emptions from inland postage. 544 MAGISTERIAL LAW. Printed newspapers, transmitted by post from any one apes to any other place within this Col., each aes «le Printed newspapers transmitted beyond the limits of this Col., each 2c. Printed votes and proceedings of the Imperial Par., periodical pub- lications, pamphlets, magazines, reviews, and other publica- tions sent to this Col. by packet, if delivered at the é. ‘P o, in G,, or at the branch p, 0. in New-Am. ... . Ie, If delivered at any other p. v., and if not excdg. loz. ae san Le. If excdg, loz. for every oz. beyond that weight ... ae w. le Packets or covers containing patterns or samples, being open at the sides, and not excdg, loz,, and without any letter or writing in, upon, or within any such packet or cover, other than the name of the sender, his place of abode, the prices of the articles contained therein, and the name and address of the person to whom the packet or cover shall be sent . ae se we le Indictments, depositions, bail bonds, se gees and documents relating to crim, proceedings, official and statistical returns of any description forwarded to Gov., such a a sasacinci and returns being open at the sides ey «+. free. Not compulsory to send by post any of the aforesaid news- papers, parcels, or documents. Power for the Gov. and Combined Court to alter or vary the said rates. No printed paper, whether newspaper or votes and proceed- ings in Parliament or otherwise, shall be sent by the post at the aforesaid rates, unless the following conditions shall be observed :— (a) It shall be sent without a cover, or in a cover open at the sides. (t) There shall be no words or communications written upon any part of the paper, or upon any part of the cover thereof, except the name and address of the person to whom sent. (c) There shall be no paper or thing enclosed in or within any such paper. The Colonial postmaster or his deputies may examine any printed paper or any packet which shall be sent by the post without a cover or in a cover open at the side, in order to dis- cover whether it is contrary in any respect ’to the condition hereby required to be observed ; and in case any one of the re- quired conditions has not been fulfilled, the whole of every such paper or packet shall be charged with treble the duty of postage to which it would have been liable as a letter. Inland postage to be paid by stamps, affixed, before posting, to all letters, newspapers, or parcels. Letters, etc., underpaid or unpaid liable to double the unpaid or underpaid postage. Private letters sent or received by any private soldier or POST OFFICE. 545 common seaman in this Colony, actually employed on H. M.’s service; the Gov.’s letters received or transmitted by post ; letters sent on public business by the Gov. Sec., or Ass. Gov. Sec., in the Gov. despatch bag. Letters by the inland post may be registered on payment of fee of 12c., or such other sum as the Gov. and Com. Court shall direct. Neither Colonial postmaster nor any officer of the p. 0. or the p. o. revenue in any manner to be liable for the loss of any such registered letter or the contents thereof. All regis- tered letters shall be delivered to the p. o., and be delivered by the p. o. at the hours and under the regulations appointed by the Gov. and C. of P. The moneys received for duties to be paid to H. M. Every master of a vessel not being a p. o. packet arriving in this Col., shall cause all letters on board his vessel to be collected and enclosed in some bag or other envelope, and to be sealed with his seal, and to be addressed to the Colonial post- master, or deputy do., and shall deliver the same to the H. M. at the regular port or place where the vessel shall report, and shall sign a declaration in the presence of the H. M., who shall also sign the same, as follows :— ‘*J, A.B., Commander of the [state the name of the ship or vessel] arrived from . . . do, as required by law, solemnly declare that I have to the best of my knowledge and belief, delivered or cause to be delivered to the H. Master of the port of . . . every letter, letter-bag, package, or parcel of letters on board the... .” and such H. M. shall thereupon forward all such letters to the p. o.; and no officer of Colonial customs shall permit any such vessel to report till such declaration shall be made and produced. Any officer of customs at every port in this Col. may search every vessel for letters which may be on board contrary to this ord., and may seize all such letters and forward them to the nearest p. o., and the officer who shall so seize and send them shall be entitled to a moiety of the penalties which may be recovered for any such offence, apportionable under ord. 5, ’72 p. 181). Ei ( P. °° to deliver free letters brought by any such vessel, to the owners, charterers, or consignees thereof, and the owners, consignees, or shippers of goods on board the same—to any one such person not collectively excdg. 60z. in weight. The owner, charterer, or consignee to be described as such on the address, and in the case of owners, shippers, or consignees of goods, it shall also appear by the ship’s manifest that they have goods on board the vessel. Every person who shall convey, otherwise than by the p., any letter required to be conveyed by p. :—- ‘ For every letter, fine, $24, ORD 2, ’60 § 21 Re- gistered letters. S 22 Revenue, S 23 Letters by ordinary ship. 5 24 When customs officers may seize suck letters. 5 26 When such letters exempt from postage. § 26 Offences, ORD 2, ’60 Onus probandi. $27 Detaining ship letters. 546 MAGISTERIAL LAW. Every person who shall be in the practice of so conveying letters required to be conveyed by p. :— For every week of such practice, fine, $500. Every person who shall perform, otherwise than by p., any services incidental to conveying letters from place to place, whether by receiving or by taking up or by collecting, or by ordering or by despatching, or by carrying or by re-carrying, or by deliver- ing a letter requiring to be conveyed by p. :— Fine, for evcry letter, $24. Every person who shall be in the practice of so performing any such incidental services :— For every week of such practice, fine, $500. Every person who shall send, or cause to be sent, a letter required to be conveyed by p., otherwise than by the p. ;—Or shall either tender or deliver a letter so required to be conveyed in order io be sent otherwise than by p.:— For every letter, fine, $24. Every person who shall be in the practice of committing any of the acts last mentioned :— Fine, for every week of such practice, $500. ‘Every person who shall make a collection of excepted letters for the purpose of conveying or sending them otherwise than by p. :— Fine, for every letter, $24, Every person who shall be in the practice of making a collec- tion of excepted letters for that purpose :— Fine, for every week of such practice, $500. The above penalties shall be incurred whether the letter shall be sent singly or with anything else, or such incidental service shall be performed in respect to a letter either sent or to be sent singly or together with some letter or thing. In any proceeding by action or otherwise, for the recovery of any such penalty, the onus shall lie upon the party proceeded. against to prove that the act in respect of which the penalty is alleged to have been incurred was done in conformity to this ord. Every person, being the master of a vessel, or one of the officers, or one of the crew, or a passenger thereof, who shall knowingly have in his possession any letter required to be sent to the p. o., after the master shall have delivered his bag of ship’s letters to the H. M. :— Fine, for every letter, $24 ; whether the letter be in the baggage or on the person of the offender or otherwise in his custody, it shall be held to be in his possession, POST OFFICE. 547 Every such person who shall detain any such letter after demand made, either by the H. M. or by an officer of customs :— Fine, for every letter, $50. Every master of a vessel who shall open a sealed letter-bag with which he shall be entrusted for conveyance,—or who shall take out of a letter-bag with which he shall have been entrusted for conveyance, a letter or any other thing,—or who shall not duly deliver a letter-bag with the contents to the H. M. on his arrival in port, without unavoidable delay :-— Fine, $1000. Every master of a vessel who shall refuse, or wilfully neglect to make the declaration of having delivered his ship’s letters (s. 28) :— Fine, $240. Every officer of customs permitting a vessel to report before the requisites of this ord. shall have been complied with :— Fine, $240. Every master of a vessel who shall break bulk or make entry. before all letters on board shall be delivered to the H. M. :— Fine, $100. Every master of a vessel or any other person on board any ship liable to the performance of quarantine, who shall neglect or refuse to deliver to the person appointed to superintend the quarantine all letters in his possession. :— Fine, $100. Every person who shall enclose, or cause or procure to be enclosed in a newspaper to be sent by the post or under the cover thereof, any letter, or paper, or thing; or put, or cause to be put, any writing, printing, or marks either upon the newspaper, or upon the cover thereof, other than the name and address of the person to whom it shall be sent ; or knowingly either send, or cause to be sent, by the post, a newspaper in respect of which any one of the offences hereinbefore mentioned shall have been committed—shall for every such offence forfeit treble the duty of postage computed by weight, as if the paper in respect of which the offence was committed were a letter. All duties of postage and all pecuniary penalties and for- feitures not excdg. $50 may be sued for with costs on the complaint of any postmaster in a summary manner before any St. or Sp. J. P. All penalties and forfeitures (exedg. $50 and ORD 2, ’60 § 28 Mast rs of ships. § 29 Abuse of privilege as to ewspapers, _&S 30, 31 Ju« risdiction, ORD 2, '60 ORD 7, ’66 5 2 Pounds. §S 3 Pound Keepers. S$ 4 Strays on private premises. 8 6 Delivery fees, Keep, etc. 5 6 Strays on public premises. 548 MAGISTERIAL LAW. not excdg. $240) may be sued for with costs in any Inf. Civil C. at the instance of H. M.’s Att.-Gen. All penalties and forfeitures exedg. $240 may be sued for with full costs at the like instance in the Sup. Civil C. POUNDS. Gov. may establish new pounds. Existing pounds to be subject to this ord. (s. 2). , Gov. may appoint keepers of such ps. during pleasure. Every member of the p. f. in charge of a p. station having a p. to be ea officio the keeper of such p. while in charge of such station. Stray found trespassing on private premises or land may by the owner or person in possession of such premises or land be taken, or by some one authorised by him in writing sent to the nearest p.; and for so doing he shall receive from the keeper 48c. for every horse, mare, gelding, pony, mule, bull, ox, cow, heifer, or steer, 32c. for every ass, and 24c. for every calf, sheep, or goat. The p. keeper shall, before delivery, demand and receive from the party claiming any stray 48c. for every horse, mare, gelding, pony, mule, bull, ox, cow, heifer, or steer, and 32c. for every ass, and 24c. for every calf, sheep, or goat, as poundage money, in addition to the reward specified in the preceding s. And in addition to the expense of feeding and advertising the stray, at the rate of 24c. per day for feeding each horse, mare, gelding, pony, mule, ass, bull, ox, cow, heifer, or steer, and’ Be.’ per day for feeding each calf, sheep, or goat, and no more. The young of any mare, cow, ass, goat, or sheep sent to the p. with its mother or dam, under 6 months old, not to be liable to poundage. Cattle crossing the public road of an estate to which they belong are not strays. (Samuel v. Bob, 1 R. C., 44.) Any horse, mare, gelding, pony, mule, ass, bull, cow, heifer, steer, calf, sheep, or goat tethered, grazing, or straying on any public premises or land (other than a public road or bridge) may be seized and impounded by any p. o. or constable, or by any person authorised in writing by the dist. Com. (the same pound fees as in ss. 4 and 5). Unauthorised persons impounding strays cannot be prosecuted, (Alves ¢ftlenry, 2B, C., 97.) POUNDS. 549 All swine straying or trespassing on any such public premises or land may be destroyed by any p. o. or constable or other person authorised as aforesaid: And, if straying or trespassing on any private premises or land, the same may be destroyed by the owner or person in possession of such premises or land : And in either case the bodies of all swine so destroyed shall belong to the persons destroying them. This s. repeals the proclamation of 9 Dec., 1796. (Boodah v. Bughoo, 28 March, ’74.) 8. 7 (as to releasing strays); s. 8 (as to riding strays); and 8. 9 (as to improper pounding), see ‘‘ Pounps—Georgetown,”’ ss. 205-7. In Blank v. Mulligan, 1 R. C., 223, a manager told his overseer to impound a horse found straying in the buildings’ yard of an estate, and the overseer told another person to take it to the p., and the latter did so, and handed it over to the p. keeper. Beaumont OC. J.: “(Now no doubt if this were a trespass, every one of these is civilly liable for taking part in it, and would be answerable in damages, according to the requirements and justice of the case. But, criminally or penally, only those who have the guilty mens are amenable to punishment. The manager (who was no more the ‘owner’ or ‘occupier’ than the ele was not only the principal, but the only person who seems to have had any independent view or object in the matter. It is plain he did not act with the view of making the animal a stray (the offence charged), and therefore the relative responsibility of the rest, penally, need not be inquired into. The above section alone constitutes the penal offences of this description. It is not so clearly expressed as the corresponding section of the repealed ordinance of 1847. However, no reason can be suggested for treating a bond fide act, such as that of the appellant (the overseer), as punishable by way of fine upon summary conviction, any more than any other civil trespass.” Conviction quashed. In Pemberton v. James, 1 R, C., 203, Beaumont C. J. propounded the following :— (1) Taking an animal “from” the land designated is the very gist of the offence under s. 7, and a statement in the conviction of taking “on” the land in question will upset the conviction, (2) The taking must be proved to be with the intention of making a stray to come within the s. (3) The taking an animal “to impound it” is not a taking “ with the intention of making a stray.” (4) It is questionable whether payment of the poundage fees to prevent actual impoundage is not a waiver of cplt.’s right of complaint in the matter. (5) A person observing an animal on his land which strays on to another man’s land before he can take it cannot legally follow it to impound it gud the owner of the land the animal is on, but becomes a trespasser, liable to action, or in some cases penalty. (6) The ord. does not make every illegal impounding an offence punishable on summary conviction, but it does point out specific acts in relation to the subject which the legislature has thought fit so to treat. A conviction stating the animal to be driven “on,” instead of from, the land was quashed, (Pemberton v. James, 1 R, C., 204.) ORD 7, ’66 Swine— public premises. Private pre- mises. Carcases. 85 7-9. ORD 7, ’66 § 10 Deten- tion before being sent, $11 Record of strays, § 12 Feeding. $13 Weekly list. 88 14-16, $17 Purchase by pound keepers, 550 MAGISTERIAL LAW. Under ord. 28, 47, s, 4, there must be evidence to show that the animals were driven off, or of a gap made. When any such offence is committed, and the animal in question has been impounded before the detection of the offence, payment of the full expenses of poundage, and of returning such animal to the property to which it belongs, must be ordered to be made by the offender, in addition to the penalty imposed. (Fairman v. Read, 1 R. C.,16.) Under the same s. it was held that the ownership of the land must be shown, but if possession be disputed, the Mag.’s juris- diction is ousted. (Battenburg v. Burnham, 1 R. C., 166.) If a person follows an animal from his own land where it has strayed, and seizes it elsewhere to impound, he commits a trespass, and is liable to action or penalty. No person taking up any stray with the intention of pound- ing the same shall detain it more than 3 hours before sending it to the nearest p., unless the said stray shall be taken up after sunset, in which case he shall send it to the said p. before 8 a.m. on the following morning :— Fine, for detaining longer, for each stray, not excdg. $5. Every p. keeper shall keep a book, in which he shall enter the date when each stray is received, the name of every person sending a stray, and also the name of the person taking or de- livering such stray to his p., with the colour, description, and marks of each stray, the place from whence it was sent, and the sum paid to the party impounding, and such book shall be free for the inspection of any person during the day without any fee. If any p. keeper shall neglect to make such entries, or shall wilfully make any false, erroneous, or incorrect entry, or shall decline or refuse to produce his book when demanded as afore- said, or shall demand any fee for so doing :— Fine, not excdg. $50. Every p. keeper shall procure for, furnish, and give to, each stray in his p. a sufficient quantity of good grass and water daily :— Fine in default, not excdg. $24, and liability to immediate dismissal. Every p. keeper shall publish once every week in the O. G. a correct list of all the strays in his p., describing them in every particular as recorded in his book :— Fine, in default, not excdg. $5. 8. 14 (hours of attendance) ; s. 15 (as to hiring out animals impounded); s. 16 (unclaimed strays to be advertised); see “« Pounps—Georgetown,” ss. 212-4. If any p. keeper, or his deputy, shall directly or indirectly purchase any unclaimed stray sold out of his p., the purchase shall be void :— Fine, not excdg. $50, POUNDS—GEORGETOWN. 551 Every member of the p. f., who shall be a p. keeper, shall regularly and at least once in each month, pay over to the Insp.-Gen. of P. to the credit of the police ground fee fund, the proceeds of all strays made by him after deducting such amounts as he may have paid for rewards; and from and out of such fund every such p. keeper shall be entitled to a gratuity monthly of $5, or such other gratuity as may be appointed, and from and out of such fund shall be defrayed all expenses incurred for establishing p. and for advertising and feeding strays, and other incidental legal charges, and the balance if any shall be annually carried to the credit of the police reward fund. Every p. keeper who shall not be a member of the p. f. shall regularly and at least once in each month pay over to the C. Rec.-Gen. the balance of the proceeds of all sales of strays made by him, after deducting the sums of money paid for rewards, the expenses of poundage and of advertising and feeding strays and other incidental legal charges, and a commission for his own use and benefit of 5 p. c. on the amount of all such sales. Any p. keeper failing or neglecting to account :— Fine, not excdg, $24, In the event of his not paying over any money in his hands on account of the sale of strays to the proper officer, and within the time in that behalf prescribed :— Fine, as before, and double the amount kept back: On proof of ownership to the satisfaction of any S. J. P., within 8 months after sale, the Insp.-Gen. or Rec.-Gen., upon the order of such J. P., to pay over to owner the balance of the proceeds of the sale.. Procedure under ord. 19, ’56; half fines to prosecutor and half to Col.—apportionable under ord, 5, ’72 (p. 181). Ord. not to apply to C. The Gov. and C. of P. may make and alter general rules and orders as to pound fees, charges, and expenses, accounting for the same, and the guidance and government of p. keepers; to be published in the O. G., and when so published they shall be binding upon all concerned. Georgetown. Ord. 25, ’60, Part X. On any stray being found trespassing on any private pre- mises or land within the city the owner or person in possession of such premises or land may send such stray to the G. p., and for so doing he shall receive from the keeper thereof the sum of ORD 7, ’66 § 18 How pound keepers (being police) to account. $19 How other pound keepers account. S 20 Failure to account or pay over, $ 21 Balance of sale of strays to be paid to owner, § 24 Rules, ORD 25, '60 § 200 Strays on private pre~ mises may be impounded by owner, ORD 285, ’60 8 201. S 202 Strays in public streets or in burial ground. Swine, 8 203 Driving of kine into, out of, or through G, § 204 Kine improperly driven may be impounded. $205 Rescuing or releasing any stray. $ 206 Strays not to be ridden or illused. 552 MAGISTERIAL LAW. 32c. for every horse, mare, gelding, pony, mule, ass, bull, ox, cow, heifer, or steer, and 16 c. for every calf, sheep, or goat. Poundage money and expenses. See ‘ Pounps,”’ s. 5. Power reserved for Mayor, etc., to reduce the fees. Any horse, mare, gelding, pony, mule, ass, bull, cow, heifer, steer, or calf, tethered, grazing, or straying on any public road, dam, or place within the city, or within the burial ground established on pl. Le Repentir, may be seized and impounded by any p. o. or t. constable, or by any other person authorised in writing by the M.and T. C. Any sheep or goat tethered or straying as aforesaid may be seized and impounded by any person whomsoever. Fees as in ss. 200 and 201. All swine straying or trespassing on any public or private premises or land in the said city may be destroyed, and their bodies shall belong to the persons destroying them. All kine brought into G. from the E., and intended for slaughter therein, shall be driven along the road between the military barracks and pl. Thomas, Lamaha-st., Thomas-st., Alexander-st., and the N. dam of Stabroek, to the market. All kine (other than cows) intended to be removed from G. to the E. shall, if brought by water, be landed at the market stelling, and shall be driven along the same route, and such kine shall not be driven into or out of G. later than 8 a.m., and cows shall not be driven into or out of or through G. between 8 a.m. and 6 p.m. Power for the M. and T. C. by bylaw to alter or vary the routes and hours. All kine brought into G. or driven into, out of, or through the city contrary to s. 208, or bylaw, may be seized and im- pounded by any person authorised to impound under s. 202. Fees as before, besides fine on owner or person claiming posses- sion of such cattle of $2 for the benefit of the town funds for each head of cattle so impounded, which fine shall be also paid to the p. keeper before the release of the said cattle. In case any person shall release or attempt to release any stray which shall be taken for the purpose of being impounded under this ord. on the way to the said p., or shall damage or destroy the said p. or any lock or bolt belonging thereto or with which the same shall be fastened, or shall rescue or release, or attempt to rescue or release, any stray which shall be im- pounded under this ord. until or before the same shall be dis- charged by due course of law :— Fine, Inf. C., not exedg. $96: in default, impr., with h. 1., not excdg. 4m. No person taking any animal to the said p. shall ride the same, nor in any way beat or illuse the same; and if any POUNDS—GEORGETOWN. 553 person shall take any animal to the said p. by any way other than the nearest way to the p. :— _ Forfeiture of all right to the poundage, and fine, not excdg. $24. If any person shall drive off any animal from the premises of the owner, or shall break a gap in any fence or inclosure, with the view of making any animal a stray, or shall with the like view take any animal from any private premises or land in the city, of which he is not the owner or occupier, or authorised by him :— _ Fine, not excdg. $24 for every animal; besides, if animal is received into the pound, repayment of expenses of poundage to the owner. In Wickham v. Bury (6 June, ’74) Snagg C. J. said :—“ This is a charge for illegally sending to the pound a mule belonging to the Pl. Blenheim. The mule was trespassing in the burial ground or churchyard, and the rector impounded it on 29 April, ’74. The Mag. convicted the rector in $12 fine and costs leviable by distress, and in default 20 days’ impr. in G. jail, assigning as the reason for his decision that he considered the vestry of St. Peter’s Church to be a corporate body, and that the rector was unable as president only, per se, to impound any stray in the public cemetery of that church without the authority of the vestry. There was no evidence in whom lay the dominion of the cemetery. The conviction is under ord. 7, 66, ‘with the view of making a stray,’ etc. The rector, whatever his rights, did not drive off the animal from the premises of the owner with the view of making the animal a stray, or with the like view: take the mule from any private premises or land. The mule was already a stray, and the Mag. has wholly mistaken the purport of the ord.” Conviction quashed. In Will v, Tebbutt (16 Oct., 75), the deft. was sentenced for driving off 13 head of cattle, the complainant’s property, from land also his property, with the view of making them strays, to pay the sum of $13, to be paid and applied according to law, and also to pay to the said complainant the sum of $14.88, amount of pound fees; in default of payment, impr., with h. 1., for 30 days. The ground of review was impr. being given in lieu of a warrant of distress. King Ac. C. J. said:—“ By s, 22 of this ord. all prosecutions for penalties and forfeitures are to be conducted summarily, and as the sums adjudged to be paid on the conviction amount to more than $24, and are consequently beyond the operaticn of the Small Penalties Ord. (3, 68) they were leviable by distress, according to ord. 15, ’69, and the Mag. was wrong in ordering impr. without previous warrant of distress.” Conviction quashed. Any person taking up any stray in G. with the intention of pounding the same shall not detain it more than 3 hours on the premises before sending it to the said p., unless the said stray shall be taken up after sunset, in which case he shall send it to the said p. before 8 a.m. on the following morning :— Fine for detaining any stray for a longer period than aforesaid: for each stray, not excdg. $5. Pound keeper to keep Record Book. The pound keeper to provide grass, etc., as in s, 12 of ord. 7, 766, ORD 25, ’60 § 207 Driving off any animal from private premises for the purpose of impounding the same, § 208 Strays not to be de- tained before sent to the pound, § 209 8 210 ORD 25, ’60 § 211. § 212 Pound keeper may appoint a deputy, and be responsible for his acts. $ 213 Pound keeper not to hire out or use strays, S 214 Un- ~ claimed strays to be sold. $ 215 Pound keeper not to purchase any stray sold out of the pound, $216 Recovery of penalties. ORD 12, '62 $ 1 Board, § 2 Duties, 554 MAGISTERIAL LAW. Weekly list to be published (s. 18). The pound keeper, or some person appointed by him as his deputy, and for whose acts or omissions in respect of any matter or thing under this ord. he shall be responsible, shall constantly be at hand between 6 a.m. and 6 p.m. to receive and deliver all strays :— Fine, in default, not excdg. $10 for each time he or his deputy shall be so absent. If the p. keeper shall hire out, let, use, work, or employ any stray, or allow any stray to be taken out of the p. wrongfully, or shall suffer any stray while so impounded to be illused or injured :— Fine, not excdg. $50. In case any stray that may have been impounded shall not be redeemed within 3 days, the same shall be sold, and the p. keeper shall advertise for one week in the O. G. for sale all strays except sheep and goats, and he shall notify upon a board to be placed in some conspicuous part of the p. the intended sale of all strays for 2 days beforehand, and every such sale shall take place between 11 and 3 in the day time. The p. keeper, after deducting the sums of money due for rewards and the expenses, shall pay over to the T. Clerk the balance of the proceeds of all such sales. If any person shall prove to the satisfaction of the P. Mag. within 3 months after the sale of any stray, that he was the owner of such stray, then the T. Clerk shall, upon the order of such Mag., pay to such owner the balance of the proceeds of the sale of such stray which shall have been paid into his hands. If the p. keeper, directly or indirectly, purchases any un- claimed stray sold out of the p., the purchase shall be void :— Fine, not excdg. $50. All penalties imposed by this part of this ord., for the re- covery whereof no special provision has been made, may be sued for by any T. C., or any person interested or aggrieved in the subject-matter of the complaint. PRISONS. The Board of Prisons to consist of not fewer than 5 Directors, appointed by the Gov. The administration of all public moneys voted for the PRISONS. 555 maintenance of prisons and the management of all prisons and prisoners. President, the Gov., with right to vote, and in his absence a member chosen by the members present. Board to act notwdg. any vacancy therein. Meetings as the Gov. directs. Three members to form a quorum. In case of a difference of opinion, the determination of the Gov. to be final: the Gov. or any dissenting member may re- quire that his opinion, and the reasons for the same, be entered on the minutes of the proceedings. In case of equality of votes the Gov. or presiding member to have a casting vote. Acts done in the absence of the Gov. to require his approval in writing. Two classes of prisons—convict prisons for male convicts, and ordinary prisons for all other prisoners. Power for the Gov. and C. of P. to establish joint prisons for male convicts and ordinary prisoners under special regulations by the Board, ap- proved by the Gov. and C. of P. Rep. by ord. 1, ’76, 8. 2. H. M. may appoint an Insp. of Prisons for this Col., to hold office during pleasure at a salary provided by the Gov. and Combined Court. Power for the Gov. to appoint some one St. or Sp. J. P. in each of the 8 counties to be Sheriff, and, subject to the Board, to superintend the ordinary prisons, and take care that the sentences upon prisoners are duly carried into execution and the regulations properly observed, with the jurisdiction, power, and authority of Mags. appointed under s. 1 of ord. 18, ’51— tep. by ord. 9,’54, This s., therefore, is curious, See “ SHERIFES,” Intr., p. xii. See ord. 15, ’61, infra. The Penal Settlement shall be a convict prison within this ord. Power for the Gov. and C. of P. by proclamation in the O. G. to appoint other places of confinement for prisoners under sentence or order of p. 8. a8 convict prisoners. Power for the Board to make and alter rules for the regulation of all convict and ordinary prisons, and for the duties and con- duct of the Governors and other officers thereof respectively, and for the diet, clothing, maintenance, employment, instruction, discipline, and correction of the convicts and prisoners, and for the care and treatment of convicts and prisoners under sentence confined in the Public Lunatic and Leper Asylums, to be ap- proved by the Gov. and C. of P. and published in the O. G. for general information. By s. 10, till rules made, the then existing rules under ords. 26, 54; 13, 48; and 12, ’68 (all since repealed), were to prevail. As these regulations are very long, and are to be found in each prison, it is thought needless to insert them, ORD 12, 62 $ 3 Tho Presi- dent. Meetings. 8 4 Diffe- rences. Casting vote, § 5 Classes of prisons. 56. ORD 7, "76 $ 3 Inspector of Prisons. ORD 12, ’62 8 8 Convict prisons. $ 9 Regula- tions, $ 32. 556 MAGISTERIAL LAW. ORD 7, '76 gaBaau ee It shall be the duty of the Board of Prisons to make regu- Prisons to make lations for the guidance of the Insp. of Prisons in the discharge ice of his duties, and when occasion shall require, the Board may Inspector of alter, amend, or add to such regulations, and the Insp. of Prisons ree shall be bound to observe and conform to such regs.: Provided always that no such regs., or any alteration or revocation thereof, shall take effect until the same have been approved of by the Gov. and C, of P., and published in the O. G. for general information. $ 11 Officer Crs. of the Pen. Set. to cease. Officer in charge of Set. to be or renal Settle: <«¢ Superintendent” instead of “ Resident Cr.” The Town Agent and Book-keeper of the Set. to be subject to the Board, and to perform the duties under the Colonial Book-keeper, or Aud.- Gen., or both, assigned him by the Gov. $12 Secretary Power for the Gov. to appoint one of the clerks of the Colonial 1o; Board, Book-keeper or Aud.-Gen. to be the Sec. of the Board without Minutes, salary. Any Extract Minute of the Proceedings of the Board, certified as true by the Sec., to be evidence in all Courts. $ 13 Officers Power for H. M. to appoint for each convict and ordinary of prison. prison in the Col. a Sup. or Keeper, Chaplain, and M. O., and other officers and servants necessary for the service and disci- pline of such prison (and to remove all or any of them), with the respective salaries voted by the Combined Court. $14 To give Power for the Board to require from any person employed in security. the convict or prison service security in such sums and with such sureties and in such form as the Gov. shall direct. $ 15 Removal Power for the Gov. to remove from one to another convict oFeonvists, prison any convict certified by the M. O. to be free from any putrid or infectious or cutaneous distemper, and fit to be removed. The jailer to deliver up the convict to the police officer or person producing the order. The police officer or person to give a re- ceipt to the jailer for such convict, and with convenient de- spatch convey and deliver up such convict into the custody of the Sup. or Keeper of the convict prison mentioned in such order. The Sup. or Keeper to give a receipt in writing for every convict so received into his custody to such police officer or person as ORD 23,'72 hig discharge. $1 Temporary Power for the Gov. to order the temporary removal of any removal of any prisoner from a convict prison to any ordinary prison, and vice prisoner. és : versa of any prisoner (under sentence by Sup. Court). 82. Prisoners so removed to be subject to Sheriff, Jailer, and Sup. respectively. § 3 Removal Power for Sheriff to remove any prisoner awaiting his trial or eoe trial, ffO™. any one ordinary prison to another. ; ORD 12, ’62 Convicts and prisoners sentenced to h. 1. may be employed in saietnaess work every day (except Sundays, Christmas Day, Good Friday, mentof convicts, general fasts or thanksgivings, or holidays fixed in the general oles rules by the Board), for so many hours (not exedg. 10), exclu- PRISONS. 557 sive of the time allowed for meals and exercise, as the Board shall order. Power for the Board by a written order to allow any convict at his own request to labour for a longer time. No convict or other prisoner who shall have been received into any prison shall be dismissed therefrom at the end or other determination of his term, if he shall then labour under any acute or dangerous distemper, unless at his request. On final dis- charge decent clothing and assistance in money or otherwise, at the Board's discretion, to be given to convicts. No person’except the Members of the C. of P. and Combined Court, the Judges, the members of the Board, the Insps. of . Prisons, the officers and servants of the prison, and other per- sons authorised by the Gov., or by the rules made under this ord., to be allowed at any time to enter any part of any convict or ordinary prison, or to hold communication of any kind with any convict or prisoner under sentence, Sup. or Keeper of a convict prison to have the same powers over convicts, whether within or without the prison, as a jailer, and in case of any abuse of such custody or other misbehaviour or negligence in the discharge of his office, to be liable to the same punishment as a jailer. Rep. by ord. 7, ’76, 8. 2. It shall be lawful for the Sheriff of any county, or for the Insp. of Prisons, after due enquiry upon oath, and upon proof of the misconduct of any convict or ordinary prisoner, to sentence and cause such convict or ordinary prisoner :—(a) To be kept in s. ¢. upon bread and water for any period not excdg. 14 days at a time, or 28 days in the whole ;—(b) Or in close confinement in a dark cell for any period not excdg. 72 hours ;—(c) Or if a male to be whipped with a cat-o’-nine tails with any number of lashes not exedg. 36. The Sup. of any convict prison or joint prison, after due enquiry upon oath, may sentence and cause any male convict or any male prisoner under his charge, who shall be proved to have assaulted, or used, or threatened any violence to any prison officer, to be whipped with the cat-o’-nine tails, with any number of lashes not exedg. 24. The Sup. of any convict prison or joint prison, after due en- quiry, on oath, and upon proof of misconduct, may sentence and cause any convict or prisoner under his charge :—(a) To be kept in s. c. on bread and water for any period not excdg. 7 days ;—(b) Or to be kept in close confinement in a dark cell for any period not excdg. 72 hours ;—And the keeper of an ordinary prison may so sentence and cause any convict or prisoner under his charge so to be kept in s. ¢., or in close c. in a dark cell, for such period, not exedg. the period mentioned in this s., as may 37 ORD 12, 62 $17 Discharge of convicts, etc. § 18 Visitors. 819. § 20. ORD 7, 76 §S 5 Power of Sheriff or Insp. of P. to punish for misconduct, § 6 Prisoner using violence to be whipped. S 7 Power of © Sup. to punish for misconduct. Ditto of keeper. ORD 7, '76 § 8 Execution of sentence of whipping. S$ 9 Pen. Set., whipping at— special report, §$ 10 Prisoner wilfully refusing to work. $ 11 Escape. ORD 12, 62 S$ 23 Escape. Forcible escape, _ § 24 Abettor im escape. 558 MAGISTERIAL LAW. be sanctioned by the regs. of the Board of Prisons with regard to such prison. No sentence of whipping passed upon any convict or prisoner for misconduct in any of the county jails or district prisons shall be carried into execution until a full report of all the cir- cumstances of each case shall have been made to the Gov., and until the sanction of the Gov. shall have been first obtained. In every case in which a convict or ordinary prisoner confined at the Pen. Set. is whipped, the officer who shall have sentenced such convict or prisoner to be whipped shall forward a full and special report of all the circumstances of the case to the Gov., accompanied by a report from the surgeon as to the effect of such punishment upon the health of the convict or prisoner. The Sheriff of any county, or the Insp. of Prisons, may sen- ~ tence and cause any ordinary prisoner under sentence who, after due enquiry on oath, shall be proved to have wilfully refused or neglected to perform the full amount of work required from him or her, to be further imprisoned for any term not excdg. 1 month, with h. 1, and such further term shall commence after the expiration of the term of impr. which such prisoner shall have been theretofore sentenced to undergo. Every convict or other prisoner under sentence who shall escape or attempt to escape, may be sentenced by the Sheriff of any county, or by the Insp. of Prisons, to suffer any of the punish- ments which the Sheriff or Insp. of Prisons is hereinbefore authorised to inflict: Provided always that nothing herein con- tained shall in any way affect the right of the Att.-Gen. to indict and prosecute such prisoner before the Sup. Cr. C. for such offence if in the exercise of his discretion he should consider it expedient to do so. Ss. 21-2 rep. by ord. 7, '76, 8. 2. Every convict or other prisoner under sentence who shall at any time break prison, or who, while being conveyed to or from prison, or to or from any work on which he may be employed outside the prison, or during his employment on such work, shall escape from the person having the lawful custody of such convict or other prisoner, shall be punished by an addition not excdg. 2 years to the term of his sentence. Every convict or other prisoner under sentence in any convict or other prison who at any time shall attempt to break prison, or who shall forcibly break out of his cell or other place in which he is con- fined, or make any breach therein with intent to escape there- from, or shall attempt to escape‘when at work outside the prison, shall be punished by an addition not exedg. 1 year to the term of his sentence. Every person having the custody of any convict or of any prisoner convicted of fel., or being employed by the person PRISONS. 559 having such custody as a warden, overseer, or guard, who ghall knowingly and willingly allow any convict or any such prisoner to escape ;—And every person who, by supplying arms, tools, or instruments, or any means of disguise, or otherwise, shall in any manner aid any convict or any such prisoner to escape, or at- tempt to escape, whether an escape be actually made or not ;— fel. :— P. s., not excdg. 5 years. Every person having the custody of any convict or other pri- soner who, through negligence and carelessness, shall allow any such convict or other prisoner to escape ;—misd. :— Fine, not excdg. $500, or impr., not excdg. 1 year, or both, at the dis- cretion of the Court. Every person who shall rescue or attempt to rescue, or assist in rescuing or attempting to rescue, any convict or any prisoner convicted of fel. from the custody of any warden, overseer, guard, police officer, or other person conveying or removing such convict or prisoner ;—fel. :— P. s., not excdg. 5’years, Every officer or other person, eacept for a lawful purpose, and with the written authority of the Sup. or Keeper, who shall bring or throw into any convict or ordinary prison, or who shall convey to any convict or other prisoner under sentence, on his way to or from work, or whilst employed on work, or who shall attempt so to bring or convey any money, clothing, pro- visions, tobacco, snuff, cigars, wine, malt liquor, spirits, letters, papers, or other articles whatsoever, not allawed by the rules of the said prison to be in the possession of a convict or other prisoner under sentence, or who by desire of any convict or any such prisoner shall carry any such articles out of such prison :— Fine, not excdg. $96, or impr., with or without h. 1., not excdg. 3 m. Offender may be apprehended and taken before a §, J. P. If any person shall violently resist or assault any officer of any prison tm the execution of his duty, or shall aid or excite any person so to resist or assault any such officer :— Fine—summary—not excdg. $96, or impr., with or without h.1., not excdg. 8 m,; or, if the offender be a convict, p. s, not excdg. 2 yrs, Power for the Gov. to remove to the Public Lunatic or Leper Asylum any convict or other prisoner under sentence shown to his satisfaction to be insane or unfit, from imbecility of mind, for undergoing sentence, or a leper, to be kept therein respec- tively until lawfully removed and discharged. ORD 12, '62 Officer in charge during escape, 5 25 Rescue. § 26 Furnish- ing convicts or prisoners with prohibited articles, § 27 Assaulta etc., on officers. 85 28, 30 Lu- natic convicts and prisoners, ORD 12, 62 S 29 Leave of absence, $ 31 Lunatic or leper convicts. Escape of. Rescue of. Officer in charge during escape. 8S 33, 34 Loaded firearms, SS 35, 36 Tickets of leave. 8 37 Revoca- tion, 560 MAGISTERIAL LAW. Power for the Gov. to permit any convict or other prisoner under sentence, confined in the Lunatic jAsylum, to be absent therefrom upon trial for such period, or upon such conditions in all respects as to him shall seem fit. Amy person not re- turning at the expiration of such period, or breaking any of the conditions, may be retaken as in the case of an escape. Any convict or prisoner under sentence confined in any Public Lunatic or Leper Asylum escaping therefrom, may be retaken by the Sup. of such asylum, or his officer or servant, or any p. 0. or constable, and re-conveyed to such asylum. Any person who shall rescue any convict or prisoner under sentence ordered to be conveyed to any Public Lunatic or Leper Asylum, during the time of his conveyance thereto, or of his confinement therein, and any officer or servant in any such asylum who through wilful neglect or connivance shall permit any such convict or prisoner to escape therefrom, or shall secrete, or abet, or connive at the escape of any such person; —fel. :— P. s., not excdg. 4 years, or impr., not excdg. 2 years, with or without h. L, at discretion of the Court. Any such officer or servant who through negligence and care- lessness shall allow any such person to escape as aforesaid ;— misd. :-— Fine, not excdg. $500, or impr., not excdg. 1 year, or both, at the dis- cretion of the Court. Power for the Gov. to order the guards, sentries, police con- stables, or other persons in charge of any convicts or prisoners under sentence, to carry loaded firearms ; and in such case the guards, etc., may fire upon any convict or prisoner attempting to escape, if he cannot otherwise prevent him from so doing. Power for the Gov. to grant to any convict (male or female) sentenced to p. 8., a ticket-of-leave, subject to conditions framed by the Board and approved, and to revoke the same. So long as such ticket-of-leave shall continue in force, and unrevoked, such convict shall not be liable to be imprisoned by reason of his or her sentence, but shall be allowed to go and remain at large according to the terms of such ticket-of-leave. On revocation by the Gov., the Gov. Sec. to-signify the same under his hand to any 8. J. P., and to require him to issue his warrant for the apprehension of the convict; such J. P. shall issue his warrant accordingly, to be executed by any police officer or constable, who shall bring him before saidJ. P. Such convict, when apprehended, to be recommitted to the prison from which he was released by virtue of his ticket-of-leave, or to any other convict prison. PRISONS. 561 Power for the Board and each Director, and any Insp. under the direction of the Board, to visit and inspect all prisons, and to enquire upon oath into all matters, and to call for and inspect all books and papers relating thereto. Sheriffs to have like powers in ordinary prisons. Every person who upon examina- tion on oath before the Directors, or any of them, or any Insp. or Sheriff, shall wilfully give false evidence, shall be liable to the pains and penalties of perjury. The Board to cause the Pen. Set. and other convict prisons (if any) to be regularly visited and inspected by at least one member of such Board or by an Insp. A report of every such inspection to be laid before the Gov. The Sheriff to visit and inspect every ordinary prison within his county not less than once in each month, and to report the state and condition thereof to the Gov. A daily report, according to a tabular form to be prepared by the Board, shall be submitted to the Gov. by the Keeper of every ordinary prison. The Board, on or before the first day of Feb., to lay before the Gov. and C. of P. a general report of the state and condi- tion of the prisons, and of the receipts and expenditure thereof, together with an estimate for the service of the ensuing year. No paid officer of any convict or other prison shall, either in his own name or in the name of any other person, provide, furnish, or supply, for his own profit, any material, goods, or provisions for the use of the prison, nor shall he be concerned directly or indirectly in furnishing or supplying the same, or in any contract relating thereto :— Forfeiture of $500, with cost of suit, to any person who shall sue for the same, in the Sup. Civil Court. The Board to have power to contract for the clothing, diet, and other necessaries for the maintenance and support of the convicts and prisoners in the several prisons, and for the imple- ments and materials for any kind of manufacture, trade, or works in which such convicts or prisoners shall be employed, and also to carry on such manufacture, trade, or works in such prisons, and to sell such goods, wares, and merchandise as shall be there wrought or manufactured, and also to carry on any works in any place outside such prisons where the Gov. shall direct. The Gov. may authorise the employment of any convicts or other prisoners at such place beyond the limits of the prison to which they have been sentenced, or removed for such time and in such manner as to him shall seem fit. Every prisoner whilst so employed shall be subject to the same obligations and penalties in case of misconduct as if actually employed within the walls ORD 12, '62 § 38 Inspec- tion of prisons. Perjury. & 39 To be regular. 8 40 Inspec- tion by Sheriff. Daily report. $ 41 Annual report, § 42 Officers not to be con- cerned in con- tracts. & 43 Contract for clothing, ete., for prisons, 8 44 Employ- ment of convicts, etc., beyond the prison limite, 562 MAGISTERIAL LAW. ORD 12, 62 of such prison. Any J. P. specially commissioned for such purpose by the Gov. may have and exercise in regard to such prisoners the powers conferred by the regulations upon the ORD 15, "51 principal officer of any such prison. 82Tieadmil, The Sheriffs or other proper officers superintending the jails of B. G., respectively, shall be authorised to set any male prisoner convicted by any J. P. or Court other than the Sup. Cr., and sentenced to h. 1., to work upon the treadmill, or to employ them in such other h. 1]. for the public service as they may deem proper, within the walls of the prison or elsewhere, subject to regulations to be approved by the Gov. § 3 Breach of Any male prisoner committing, or being guilty of a breach of prison discipline, prison discipline, shall be subject to be set to work upon the oRD 12,62 treadmill, or to any other kind of h. 1. as aforesaid, within the walls of the prison or elsewhere. $ 45, Form of indictment, see p. 87. 8 46, Trespass on prison grounds, see ‘‘ WiuFuL Trespass.” 8 47 Protec- The provisions of ord. 31, 50 shall extend to the several Hgete eee Directors of Prisons, Insps. of Prisons, and Sheriffs, and to the ie several officers and servants of all prisons in the Col. acting in the execution of this ord. (See Introd., p. xvii.) $48 Tribunal § Every offence under this ord. (not expressly made punishable for offences, on conviction by a 8. J. P.) shall be enquired of, heard, and adjudged by the Sup. Cr. C. for the county wherein the offence shall have been committed or the offender shall have been ap- prehended. “¢ Convict ’’ = any person sentenced to p. 8. “Prisoner under sentence ” — any person sentenced to impr. with h. 1. “Sp. J. P.” =any St. Mag. (including the Police Mag. of G.), any Sup. of Rivers, Creeks, ete., and any J. P. specially ORD3,"65 appointed by the Gov. to act under this ord. “8 8 Kingston The Convict Depot in Kingston, in G., shall henceforth be Brauch Jail. styled the Kingston Branch Jail, and be a common jail, to be used for the confinement only of prisoners under sentence of impr. with h. 1., whenever the Gov. shall so direct. The provisions of ‘‘ The Prisons Ord., ’62,” and allrules made thereunder, with respect to ordinary prisons, to extend and apply thereto ; such branch jail being included in the G. jail, and under the keeper thereof (s. 6). Power for the Gov. and ©. of P., by proclamation in the O. G., to appoint other places of confinement within the Colony for prisoners under sentence of impr. with h. 1., to be considered common jails subject to the said ord. and rules. PRISONS—PENAL SERVITUDE. 563 Penal Servitude. No person shall be sentenced to p. 8. for less than 5 years. On conviction on indictment of any offence punishable with p. 8., after a previous conviction of -fel., the least sentence of p. 8. to be 7 years. A ticket-of-leave granted to any convict sentenced to p. s. to be in the Form A, written, printed, or lithographed. Con- viction by verdict of a jury, on prisoner’s confession, or by finding of an Inf. Cr. Court, of any offence, forfeits a ticket-of- leave man under this ord., or ‘“‘ The Prisons Ord., 1862,” unless prevented by illness or other unavoidable cause, failing to report himself personally, to the nearest p. st. of the jud. dist. to which he may go within 3 days after his arrival therein (and being a male subsequently once in each month, at such time and place, and in such manner, as the officer in charge of such st. shall appoint), or shall change his residence from one jud. dist. to another without having previously notified the same to the p. st. at which he last reported himself, shall be deemed guilty of a misd. :— And may be summarily convicted thereof, and his licence shall be forthwith forfeited by virtue of such conviction, but he shall not be liable to any other punishment by virtue of such conviction. The following are offences by ticket-of-leave men (Form A):— (1) Failure to produce ticket when required by a Judge, 8. J. P., or other competent Mag., before whom he may be brought charged with any offence, or by a constable or officer of the police in whose custody he may be, without reasonable excuse. (2) Breach of any other condition of the ticket by an act not of itself punishable upon indictment or summarily. (As to conditions, see infra.) Punishable summarily—impr., not excdg. 3 months, with or without h. 1. Any constable or police officer may, without warrant, take into custody any halder of a ticket-of-leave (Form A) whom he may reasonably suspect of having committed any offence, or of having broken any of the conditions of his ticket-of-leave, and may detain him in custody until he can be taken before a 8. J. P., or other competent Mag., and dealt with according to law. By s. 5, summary procedure under ords. 19 ’56 and 5, ’68. On summary conviction the Mag. without delay to forward to the Gov. Sec. a cert. (Form B), and thereupon the ticket-of-leave may be revoked under ‘“ The Prisons Ord., 62.” . ORD 7, '65} $ 1 Length of sentence. § 2 Forfeiture of tickets-of- leave. S 3 Offences. S 4 Ticket-of- leave man, S5. S 6 Certificate B, ORD 7, '65 5 7 Effect of forfeiture, etc, § 8 Ticket-of- Jeave not in Form A. ORD 4, 70 $3 Interpreta tions. ORD 6, '72 82. 564 MAGISTERIAL LAW. On forfeiture by conviction before Sup. or Inf. Crim. Courts of J., or on revocation by summary conviction, convict at ex- piration of sentence for the offence creating the forfeiture, or revocation, to undergo a term of p. s. equal to the term remain- ing unexpired at the time of the ticket-of-leave being granted ; and for that purpose to be removed from ordinary prison to convict prison, by warrant under the hand of any J. P., and to be liable to be there dealt with in all respects as if such term of p. s. had formed part of his original sentence. The Gov. may grant tickets-of-leave in any form, different from (A), and containing other and different conditions, revoc- able at his pleasure; but no holder of such last-mentioned ticket-of-leave shall be deemed guilty of an offence punishable upon summary conviction merely by reason of the breach of the conditions of the said last-mentioned tickets-of-leave or any of them. The conditions attached to the ticket are :— (1) The holder shall preserve his ticket-of-leave and produce it when called upon to do so by a Mag. or police officer. (2) He shall abstain from any violation of the law. (8) He- shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes. (4) He shall not lead an idle and dissolute life, without visible means of obtaining an honest livelihood. If his ticket-of-leave is forfeited or revoked in consequence of a conviction for any offence, he will be liable to undergo a term of p. s. equal to the portion of his term of. . years which remained unexpired when his ticket-of-leave was granted, viz., the term of . . years, QUARANTINE. Ord. 4, ’70. ‘Infected place”’=any port or place where yellow fever, the plague, cholera, or small pox prevails, or any other epidemic disease of a contagious or infectious character, which the Gov. may from time to time declare by proclamation to be a disease in respect of which Q. shall be enforced hereunder, or any port or place which the Gov. may declare to be an infected port or lace. ae Vessel” =any ship, vessel, or boat. ‘‘ Master ’—the master, officer, or other person for the time being in charge or command of such vessel. Whenever in ord. 4,70 any term shall be used having re- ference to communication with the shore, such term shall be held to mean, not only direct communication with the shore, but also indirect communication therewith, through or by means QUARANTINE. 565 of communication with any vessel, ship, or boat, or in any other way whatever. Power for the Gov. to appoint a ‘‘Q. Board” to carry out the Q. Regulations ; also Local Q. Boards, to be subject to the Q. Board. In either case, 3 to 5 members to compose Board, and 2 to be a quorum: (s. 5) power to Gov. to appoint officers to carry out ords., rules, and regulations. Power for Q. Board with approval of Gov. and C. of P. to make rules and regulations, enforceable by such fines and penalties as to them shall seem fit, for carrying out this ord. and securing the due performance of Q., and for the govern- ment of all vessels or persons coming from any infected place. Publication in O. G. to bring regulations into operation. Relates to the fees of the Harbour Masters and Health Officers of G. and New-Am., specified in sched. No vessel to clear out- wards till all such fees are paid. Pcwer for the Gov. to declare any place infected. All vessels arriving in this Col., together with all persons, goods, and merchandise whatsoever thereon, coming from any infected place, or having on board any person who has come from such infected place, or who is ill of any contagious or in- fectious disease in respect of which Q. may be enforced here- under, or on board of which vessel any person shall have died from any such disease during the passage to this Col., shall be liable to perform Q. in such place for such time and in such manner as hereinafter provided. H. M. (or visiting officer) to visit every vessel on arrival and put certain stated questions (see the ord.), and, if necessary, to go on board any vessel and examine the master, officers, crew, and passengers, demand the ship’s papers, and put the aforesaid or any other questions. By ord. 6, '72, s. 1. Whenever the Q. Board shall give directions in writing to the H. M., stating that ss. 10-15 of ord. 4, ’70 shall apply to all vessels arriving at any of the ports from whatever place, whether infected or not, such provision shall at once apply to and may be enforced against all such vessels, and all persons in any way concerned, in the same manner as if such vessels had arrived from infected places. Such directions shall remain in force until cancelled by the Q. Board : Provided that all such directions and every cancelment thereof shall be published in the O. G. Any master or other person who shall conceal from any such H. M. or V. Officer the true state of health of the crew or other persons on board of such vessel, or shall give an untrue answer to any inquiry made by such H. M. or V. O. hereunder :— Fine—summary—not less than $24, and not excdg. $480, ORD 4, '70 SS 4, 5 Boards, 8 6 Rules. 87. 88, §$ 9 What is liable to quaran- tine, 810. 811. ORD 6, '72 ORD 4, '70 $ 12 Conceal- ment or untrue answer, 566 MAGISTERIAL LAW. ORD 4, ’70 an No master, or other person belonging to or on board an nya cee such vessel, and no pilot or pilot’s aden who shall i proceeded on board such vessel, shall quit the same for the pur- pose of landing, or communicating with the shore, before such vessel shall have been visited by the H. M. or V. O., unless Lee to do so be granted in writing by the H. M. or - O.:— Fine—summary—not less than $24, and not excdg. $240 (s. 15). $14 Boarding No person, the pilot or his assistant excepted, shall proceed unvisited vessel. on board such vessel before she shall have been visited by the H. M. or V. 0., unless permission to do so be granted to him in writing by the H. M. or V. 0. :— Fine asin s, 13. $ 16 Vessels If any vessel shall have arrived from, or touched at, any in- from infected fected place, or have on board any person who has come from places may . a * ordered toQ. such place, or on board which any person may have died during Pais the passage to this Col., or may be ill of any contagious or in- fectious disease in respect of which Q. may be enforced here- under, or ifthe H. M. or V. O, shall have good grounds to suspect that such vessel, or some person on board such vessel, has arrived from or touched at any such place, the said H. M. or V. O. is required to cause the said vessel to hoist the Q. flag and to anchor at the Q. ground until further directions from the Q. Board. ; 88 17-19. H. M. or V. O. to report to the Q. Board, who shall thereon, or upon further inquiry if necessary, decide whether the vessel is to remain in Q., and for how long; s. 18 relates to duration of Q. ; and s. 19 to the selection of Q. grounds. $20 Removal Any master of a vessel liable to the performance of Q., who toQ ground. + ghall not after notice cause such vessel to proceed to the Q. ground :— Fine as in s. 13. Power for the H. M. or V. O., or any person called to his assistance, to enforce the removal of any such vessel to the Q. ground, and to use necessary means for that purpose. 8 21 Flag. The master of every vessel subject to Q. shall during the day hoist and keep flying a yellow flag, to be provided by the Q. Board, and shall during the night hoist and keep alight a signal lantern, to be provided, when necessary, by the Q. Board :— Fine, in default, on master, as ins. 18. $22Noperson Until any vessel as aforesaid shall have performed and been oe ae duly discharged from Q., no person on board, or belonging to, QUARANTINE. 567 such vessel, nor any part of the cargo, stores, or lading of the same, nor any articles or things belonging to the passengers, master, officers, or crew thereof, shall be permitted to leave or be removed or taken from such vessel, either to go or be put on shore or on board of any other vessel in any port of this Col., unless by the direction of the Gov., or of the Q. Board, or of some person duly authorised by such Board: Every such vessel, and all persons, goods, and merchandise thereon, and all vessels and persons having communication with the same, shall be sub- ject to the rules and regulations of the Q. Board :— Fine as in s. 18 (s, 24). Until any vessel as aforesaid shall have performed and been duly discharged from Q., no person except the H. M. or V. O., or other person authorised by the Q. Board, shall go on board such vessel; and no article or thing shall be taken or received on board such vessel except by the direction of the Q. Board, or -of the H. M. or V. 0. :— Fine, as in last s., and se¢ s. 27, infra. If during the time that any vessel is in Q. the master thereof shall, without the permission of the Gov., or of the Q. Board, or of the H.M. or V. O., quit or knowingly suffer any passenger, seaman, or other person on board, to quit such vessel, or any goods, articles, or things whatsoever to be taken from such vessel :— Fine, not less than $48, and not excdg. $480. Any person who, during the continuance of Q., leaves the vessel with- out proper permission in that behalf, may, in addition to the fine afore- said, be apprehended by any p. o. or constable, and compelled to return to the said vessel, or be taken before any J. P., who may order that such person be returned to the said vessel, or be confined in some lazaretto, or other suitable place of confinement, not excdg. 14 days. Any person who goes on board a vessel in Q. without permission as aforesaid, may be compelled to remain on board the said vessel, and be subject to the rules and regulations thereof during the Q. or the pleasure of the Board. Power for the Gov. to provide at the public expense one or more vessel or vessels or buildings as lazarettos under the Q. Board. 8. 29. Power for Q. Board, with approval and consent of Gov. and C. of P., to frame rules and regulations for the lazarettos. Any person except the H. M. or V. O. who enters or leaves any lazaretto without permission from the Q. Board, or from the said H. M. or V. O., may be dealt with in the manner herein- before provided in the case of a person, without permission, going ORD 4, ’70 $ 23 No person. to go on board, ete., Q. ship. $ 25 Breach of Qa 8 26 Appre- hension and compulsory return to Q, ship. § 27 Com- pulsory stay on Q. ship of intruder. S 28 Laza- rettos. 5 29. S 30 Entering or leaving laza- retto without leave. ORD 4, ’70 8 31 Mis- conduct of Q. officers, S 33 Release om Q. vn 34-37 Pro- cedure, S$ 38 Excep- tion. a 39 Duration of ord, 8 40. ORD 16, '46 568 MAGISTERIAL LAW. on board, or leaving, a vessel (ss. 22-3) in the performance of Q., and shall be liable to like penalties. Any officer or person appointed to enforce the performance of Q., who shall desert from duty, or shall infringe or knowingly suffer or permit any person to infringe the provisions of this ord., and of any rules and regulations in force concerning Q. :— Fine, as in s. 13, and offender shall be subject to immediate dismissal. Any person who shall knowingly conceal or clandestinely convey any letters, goods, wares, or merchandise, from any vessel liable to or in the performance of the Q., or from any vessel, house, or other place where any person or goods shall be subjected to Q. :— Fine, not less than $48, and not excdg. $240. As soon as any Q. shall have been fully performed by any vessel or person, the H. M. or V. O. shall grant a certificate to that effect; whereupon every such vessel or person, and all cargo and "goods on board such vessel, shall be liberated from all detention on the ground of Q. Summary procedure, to any amount, under ords. 19, ’56 and 8 and 5, ’68: in default of payment, impr., not excdg. 6 months, to cease on payment. All fines to go to the Crown (s. 35). Protection of ord. 31, ’50 (see Introd., p. xvii.) extended to all persons under ord.—costs to be given in action or prosecution for anything done hereunder, only when the Judge shall certify his approbation thereof. §. 87. Power for the Gov. to direct payment from the public revenues of all expenses incidental to the execution of this ord. Special exception is made in favour of the royal mail or other mail steamers; power for Q. Board to make rules, ete., for them. Power for the Gov. and C. of P. by proclamation in O. G. to suspend and revive the operation of this ord. Repeal clause. RAILWAYS. Ord. 16, ’46. Many sections of ord. 16, ’46 are identical, or nearly so, with ord. 15, '°46. See ‘* Compantes.”’ Disputes as to compensation for lands taken to be settled by two Justices or Assessors (s. 27): procedure before Justices (ss. 28, 29): summons of assessors by Sheriff (ss. 82-87) : RAILWAYS. 569 record of assessors’ decision (s. 40): taxing of costs (s. 42): apportionment of rent of lands taken by two Justices (s. 45): compensation in case of leased lands (s. 48): repairs of roads by railway (s. 65): penalty for not doing same (s. 66): differ- ences as to accommodation works to be settled by two Justices (ss. 71-73) : costs of application (s. 75): tariff of tolls (s. 82): disputes as to tolls (s. 94). The penal clauses of the ord. are as follows :— Every person being the owner or having the care of any carriages passing or being upon the r., shall give to the collec- tor of the toll at the places where he attends for the purpose of collecting tolls for the part of the r. on which such carriage may have travelled or be about to travel, an exact account in writing, signed by him, of the number or quantity of articles conveyed by any such carriage, and of the point of the r. from which such carriage may have or be about to set out, and at what point the same is intended to be unloaded or taken off the r., and if the articles conveyed by any such carriage be liable to the payment of each or any of such tolls: and if any such owner or other such person fail to give and deliver such ac- count, or to produce his bill of lading to such collector demand- ing the same, or if he gives a false account, or if he leave or deliver out or take any. part of his lading or goods at any other place than shall be mentioned in such account, with intent to avoid the payment of any tolls payable by him :— Penalty to the company not excdg. $10 per ton of goods, or per parcel not excdg. 1 cwt., and so in proportion for any less quantity of goods than 1 ton, or for any parcel excdg. 1 cwt., which shall be upon any such carriage, in addition to the toll to which such goods or things may be liable. If any dispute arise concerning the amount of the tolls due to the co., or concerning the charges occasioned by any distress levied with reference thereto, the collector or person distrain- ing may distrain the goods, or (if the case so require) the pro- ceeds of the sale thereof, until the amount of the tolls due, or until such tolls and the amount of the costs of such distress, have been ascertained by some J. P., and upon application made to any such J. P. for that purpose, he shall examine the matter upon oath of the parties or witnesses, and determine the amount of the tolls due, and also the amount of the costs, and it shall be lawful for such J. P. to award such costs to be paid by either of the parties to the other of them as he shall think reasonable, and if on demand thereof such costs be not paid by the parties ordered to pay the same, they shall be levied by distress, and such J. P. shall issue his warrant for that purpose accordingly. ORD 16, '46 §$ 93 Account of lading. Penalty for not giving same. 8 94 Disputes as to amount of tolls chargeable, ORD 16, ’46 S 95 Diffe- rences as to weights, etc. $ 96 Frauds on the Com- pany. 570 MAGISTERIAL LAW. If any difference arise between any toll collector or other officer or servant of the co., and any owner of or person having the charge of any carriage passing or being upon the r., or of any articles conveyed by such carriage, respecting the weight, quantity, or nature of such articles, such collector or other officer may lawfully detain such carriage, and examine, weigh, gauge, or otherwise measure, such carriage and all articles con- veyed thereby, and if upon such examining, weighing, gauging, or measuring, such articles appear to be of greater weight or quantity, or of other nature than shall have been stated in the account given thereof, then the person who shall have given such account shall pay,.and the owner of such carriage or the respective owners of such articles shall also at the option of the co. be liable to pay the costs of such examining, etc., but if such articles appear to be of the same or less weight or quantity than shall have been stated in such account, then the co. shall pay such costs, and they shall also pay to such owner of or person having charge of such carriage, and to the respective owners of such articles, such damage (if any) as shall appear to any J. P. on a summary application to him for that purpose to have arisen from such detention. If any person travel on the r. without having previously paid his fare, and with intent to avoid payment thereof ;—Or if any person, having paid his fare for a certain distance, knowingly and wilfully proceed beyond such distance, without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof ;—Or if any person knowingly and wilfully refuse or neglect on arriving at the point to which he has paid his fare to quit the carriage of the co. :— Fine, not excdg. $10. In Sumner v. Demerary Railway Co. (2 Oct., °75), on a charge of travelling in the passenger train from Belfield to Enmore on the after- noon of 12 Aug., 75, without having previously paid his fare, with intent to defraud the D. R. Co., as per clause 96 of ord. 16, ’46, the deft. was convicted in a fine of $5 or 10 days. King Ac. C. J. said :— The evidence was extremely meagre. It was sworn that the appellant on the day in question travelled 2nd class from Belfield to Enmore and gave the collector a 2nd class ticket of that date purporting to be from Mahaica to Vigilance, and numbered No. 4, which he said he had got at Belfield, and had paid 6d. for it. The manager of the train deposed that he could show that the ticket numbered No. 4 had been sold at Mahaica, but he offered no evidence to that effect. The ticket seller at Belfield swore that he did not on 12 Aug. issue the ticket produced by the appel., but sold him on that day a 2nd class ticket (No, 6), for 6d. “ There is no evidence of the price of a ticket from Mahaica to Vigilance and of one from Belfield to Enmore, or who bought the ticket No. 4, neither is it proved whether the former or the latter is the greater distance to be travelled. If it is farther from Mahaica to Vigilance than from Belfield to Enmore, i.c., if B. and E. are intermediate stations be- RAILWAYS. 571 tween M. and V., the ticket delivered would have covered the distance travelled, and the case would have fallen within Reg. v. Frere 4 El and BL 598, and 24 L. J. M. C., 68. No bylaw of the Company was produced making it an offence to refuse to deliver up a ticket, nor was the exist- ence of such a bylaw asserted, which indeed is of little consequence, as violation of a bylaw is not the offence charged. “ By the evidence there is no proof of the Company having suffered damage or of any intent to defraud it.” Conviction quashed. If any person be discovered either in or after committing or attempting to commit any such offence as in the preceding enactment or s. mentioned, all officers and servants and other persons on behalf of the co., and all constables, jailers, and peace officers may lawfully apprehend and detain such person until he can conveniently be taken before some J. P., or until he be otherwise discharged in due course of law. The co. shall cause the length of the r. to be measured, and milestones, posts, or other conspicuous objects to be set up and maintained along the whole line thereof, at the distance of one quarter of a mile from each other, with numbers or marks inscribed thereon denoting such distances. A list of the tolls authorised by this ord. to be taken and which shall be exacted by the co. shall be published by the same being painted upon one toll board, or more, in distinct black letters on a white ground, or white letters on a black ground, and by such board being exhibited in some conspicuous place on the toll-gates or toll-houses, or places where such tolls shall be payable. No tolls shall be demanded or taken by the co. for the use of the r. during any time at which the boards hereinbefore directed to be exhibited shall not be so exhibited, or at which the milestones, posts, or other conspicuous objects hereinbefore directed to be set up and maintained, shall not be so set up and maintained. If any person wilfully pull down, deface, or destroy any such board or milestone :— Fine, not excdg. $24 for every such offence. Every toll collector shall place in the front or on some other conspicuous part of the toll-house or other building where he shall be on duty, his name in legible characters, and each of the letters of such name shall be at least two inches in height and of a breadth in proportion, and painted either in white letters on a black ground, or in black letters on a white ground, and he shall continue the same so placed during the whole time he is on duty. Every such toll collector who shall commit any of the follow- ing offences :— (a) If he do not place such board, and keep the same in its ORD 16, '46 § 97 Deten- tion of offenders. S$ 98 Mile- stones. S 99 List of tolls to be ex- hibited on a board, § 100 Tolls to be taken only whilst board exhibited and milestone set up. § 101 Toll collectors. S$ 102 Offences by toll collectors, ORD 16, 46 § 103 Toll collectors to be liable for wrongful de- tention of goods, $ 104 Delivery of matters in possession or custody of toll collector on re- moval, - Smoking, etc. 572 MAGISTERIAL LAW. place during the whole time he is on duty ;—(b) If he either refuge to permit any person to read, or in any way hinder any person from reading, the inscription on such board ;—(c) If he refuse to tell his name to any person demanding the same, who shall have paid or tendered the tolls demanded of him, or if he give a false name to any such person ;—(d) If he demand or take a greater or less toll from any person than he shall be lawfully authorised to do by tariff, to be framed in manner and form aforesaid ;—(e) If upon the legal toll being paid or ten- dered, he do unnecessarily detain or wilfully hinder any carriage or any person from passing upon the railway ;—(f) If he make use of any scurrilous or abusive language to any passenger upon or to any person lawfully using the railway :— : Fine, not excdg. $48. If at any time it be made to appear to any J. P., upon com- plaint, that any such detention, examining, weighing, gauging, and measuring of any carriage or goods as hereinbefore mentioned was without reasonable ground, or that it was vexatious on the part of such collector or other officer, then the collector or other officer shall himself pay the costs of such detention, etc., and the damage occasioned thereby ; and in default of immediate payment of any such costs or damages, the same may be recovered by distress of the goods of such collector, and such J. P. shall issue his warrant for that purpose accordingly. If any such collector of tolls be discharged or suspended from his office, or die, abscond, or absent himself, and if such collector so discharged or suspended, or the wife, widow, or any of the family or representatives of any such collector so discharged or suspended, or who shall have died, absconded, or absented him- self, refuse or neglect, after 7 days’ notice in writing for that purpose, to deliver up to the co., or to any person appointed by them for that purpose, any toll-house, dwelling-house, office, or other building, with its appurtenances, or any books, papers, or other matters belonging to the co., in the possession or custody of any such collector, at the occurrence of any such event as aforesaid, in right of his appointment as toll collector, then upon application being made by the co. to any J. P., it shall be lawful for such J.P. to order any constable with proper assistance to enter upon such toll-house or other building, and to remove any person found therein, and to take possession thereof, and of any such books, papers, or other matters, and to deliver the same to the co., or any person appointed by them for that purpose. The company from time to time, subject to the provisions and restrictions in this ord., to make regulations for preventing the smoking of tobacco and the commission of any other nuisance RAILWAYS. 573 in or upon such carriages, or in any of the stations or premises oceupied by the company; and, generally, for regulating the travelling upon or using or working of the r. For better enforcing the observance of all or any of the regu- lations prescribed by this ord., the co. may make bylaws, and from time to time repeal or alter such bylaws, and make others, provided that such bylaws be not repugnant to the laws of this Col. or the provisions of this ord., and such by- laws shall be reduced into writing and shall have affixed thereto the common seal of the co. :— Fine on any person offending against any such bylaw, for every such offence not excdg. $24, to be imposed by the co. in such bylaws as a penalty for any such offence, and if the infraction or non-observance of any such bylaws or other regulation as aforesaid be attended with danger or annoyance to the public, or hindrance to the co. in the lawful use of the r., the co. may summarily interfere to obviate or remove such dangers, and that without prejudice to any penalty incurred by th2 infraction of any such bylaws. The said bylaws shall be so framed as to allow the J. P. before whom any penalty imposed thereby may be sought to be recovered, to order a part only of such penalty to be paid if such J. P. shall think fit. The substance of such bylaws shall be painted on boards or printed on paper and affixed to such boards, and hung up and affixed and continued on the front or other conspicuous part of every office, toll-house, wharf, or station, belonging to the co., according to the nature or subject-matter of such bylaws re- spectively, and so as to give public notice thereof to the parties interested therein or affected thereby, and such boards shall, from time to time, be renewed as often as the bylaws thereon, or any part thereof, shall be obliterated or destroyed, and no penalty imposed by any such bylaws shall be recoverable unless the same shall have been published and kept published in manner aforesaid. Such bylaws, when so made, published, and affixed, shall be binding upon and be observed by all parties, and shall be suffi- cient to justify all persons acting under the same; and with respect to proof of the publication of any such bylaws, it shall be sufficient to prove that a printed paper or painted board con- taining a copy of such bylaws was affixed and continued in manner by this ord. directed, and in case of its being afterwards displaced or damaged, then that such paper or board was re- placed as soon as conveniently might be. No person shall be entitled to carry or require the co. to carry upon the r. any aquafortis, oil of vitriol, gunpowder, lucifer matches, or any other goods which in the judgment of the co. may be of a dangerous nature; and if any person send by the r. 38 ORD 16, '46 S$ 106 Power to make regula- tions by bylaws. $8 107 Penal- ties, amounts of, 8 108 Publica- tion of such by- laws. $ 109 Bylaws to be binding on all parties, ORD 16, ’46 § 343 Carry- ing on railway. ORD 16, ’46 ORD 16, ’46 $110. § 111 Damage to be made good. § 112 Omit- ting to fasten gates, $113 Publica- tion of penalties. 8 114 De- facing boards. ORD 16, ’46 674 MAGISTERIAL LAW. any sich goods without distinctly marking their nature on the outside of the package containing the same, or otherwise give notice in writing to the book-keeper or other servant of the co. with whom the same are left at the time of so sending, he shall forfeit to the co. $96 for every such offence [and it shall be law- ful for the co. to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or to require the same to be opened to ascertain the fact]. This s. is not quite the same as above, the latter part in brackets being omitted, as well as the words ‘‘ lucifer matches,” and the fine being $48. If through any act, neglect, or default, on account whereof any person shall have incurred any penalty imposed by this ord., any damage to the property of the co. shall have been com- mitted by such person, he shall be liable to make good such damage, as well as to pay such penalty. If any person omit to shut and fasten any gate set up across or at either side of the r. as soon as he and the carriage, cattle, or other animals under his care, have passed through the same :— Fine, not excdg. $10. From time to time the co. shall publish the short particulars of the several offences for which any such penalty is imposed by this ord., and of the amount of any such penalty, and shall cause such particulars to be painted on a board or printed upon paper, and affixed to a board, and shall cause such board to be hung up or affixed on some conspicuous part of the principal place of business of the co. in this Col. ; and where any such penalties are of local application, shall cause such boards to be affixed in some conspicuous place in the immediate neighbour- hood to which such penalties are applicable or have reference, and such particulars shall be renewed as often as the same or any part thereof are or is obliterated or destroyed, and no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required. If any person pull down or break or deface any board put up or affived as required by this ord. for the purpose of publishing any bylaw or penalty, or shall obliterate any of the letters or figures thereon :— Fine, not excdg. $24, and payment of expenses attending the restora- tion of such board—recoverable as any penalty. Ss. 115-117 provide for the recovery of penalties, but by s. 122 since ord. 19, 56 the procedure will be under that ord. S. 120 empowers the J. P. to fine a witness not obeying a sum- mons, on proof of service and tender, $24 :— Compare the process by warrant under ord. 19, ’56, p. 11. REGISTRATION. 575 Where the application is not otherwise provided for, the J. P. may award not more than one-half of the penalty to the informer, and shall award the remainder to the Board of Church and Poor’s Fund of this Col. for the benefit of such fund. Apportionable by Rec.-Gen. under ord. 5, '72 (p. 181). Complaints to be made within 6 months next after the com- mission of the offence. Any officer or agent of the co., and all persons called by him to his assistance, may seize and detain any person who shall have committed any offence against the provisions of this ord., and whose name and residence shall be unknown to such officer or agent, and may convey him with all convenient despatch before some J. P. Any summons, notice, or writ, or other proceeding at law or in equity, requiring to be served upon the co., may be served by the same being given personally to the sec. or other officer appointed in that behalf by the co., or being left at the office of the co., or being delivered to some inmate at the place of abode of such sec. or other officer ; and in case there be no sec. or such other officer appointed in that behalf, or the place of abode of the sec. or such other officer respectively, shall not be found, then by being given to any one member of the committee of the co., or by being delivered to some inmate of the place of abode of any such member of committee. REGISTRATION. Births, ete. * Occupier ””"=the Gov., Keeper, Master, Sup., or other chief resident officer of every jail or prison, and of every school, re- formatory, hospital, lunatic or leper asylum, or other public or charitable instn. ; and where any house is let in separate apart- ments or lodgings, the person under whom such lodgings or separate apartments are immediately held, and any agent or servant of such person residing in such house; and in case of any pl., estate, farm, or wood-cutting establishment, the manager or other sup. for the time being thereof. (See ord. 3, "71, 8. 2, p. 580.) “ General Search” shall mean a search during any number of successive days not excdg. 6, without stating the object of search. ORD 16, '46 § 118 Applica- tion of penalties, 8119 Limita- tion. $121 Strangers offending. 8 127 Service upon the com- pany. ORD 10, '68 § 3 Interpre- tations, ae ORD 10, '68 S 4 Registrar- General, 58 5 Seal. Evidence. S$ 7 Deputies of R. G. S 8 Regula- tions, S$ 9 Notices of acts required to be done. 810. § 11. $ 12 Register books, etc. Part IL. 813. S 14 Super- intendents. § 15 Deputy registrars. 576 MAGISTERIAL LAW. ‘¢ Particular Search” shall mean a search over any period not excdg. 5 years for any given register. ‘ The Reg. of Dem. and Ess. shall, by virtue of his office, act as and be Reg.-Gen. of births and deaths ; and for the purpose of this ord. his office shall be called ‘‘The General Register Office.” The Reg.-Gen. shall cause to be made a seal and to be sealed or stamped therewith all certified copies of entries given in the said office, and the same (without proof of the seal) shall be admissible as evidence of any b. or d., without any further or other proof of such entry. No certified copy, not sealed or stamped, to be of any force. Power to Reg.-Gen. to alter forms, on publication in O. G. Each sworn clerk and notary public in the Reg.’s office of Dem. and Ess., in the absence of the Reg.-Gen., to have all the powers, etc., of the Reg.-Gen., other than under ss. 6 and 8. Power for the Reg.-Gen., with the approval of the Gov. and C. of P., to make Regns. for the management of the Sup. Regs. and Regs. and their Deps. The Reg.-Gen. shall from time to time cause printed notices to be fixed or placed on the outside of the several church and chapel doors, or other public and conspicuous buildings or places within the respective Reg. Diys. and Dists., specifying the several acts required to be done for the purpose of registering any b. or d. Fees received by Reg.-Gen. payable to Rec.-Gen. Provides for supply of strong iron boxes to hold the books to be kept by each Reg.; with two keys, one for the Reg. and the other for the Sup. The books of each district to be kept in the register box, which shall be kept locked. The Reg.-Gen. shall cause to be provided at the public expense a, sufficient number of such register books and forms as shall be necessary for the execution of this ord. Divisions of districts to be made by the Gov. and published in the O. G. The Gov. may require the Reg. of Berbice, all, or any, of the Coms., Revenue Officers, Officers of the Police, and 8. Mags.’ Clerks, to act as Sup., or as Reg., under this ord., without re- muneration. When any such Reg., Com., Rev. or P. Officer, or Clerk, shall cease to hold his office, he shall cease to be a Sup. or Reg. Every Sup. and R. shall, subject to the approval of the Gov., appoint by writing a fit person as dep. in case of his illness or unavoidable absence. Every such dep. while so acting, shall have all the powers and duties, and be subject to all the penalties herein declared conccrning Sup. and R. respectively. In case of the death or resignation of the Sup. or R., deputy to REGISTRATION. 577 act until another Sup. or R. is appointed. Every Sup. or R. shall be civilly responsible for the acts and omissions of his deputy. : In every case in which any R. or Sup. shall die, or be re- ‘moved from or cease to hold his office, all register boxes, keys, books, documents, and papers in his possession as such R. or Sup., or which shall come into the possession of his representa- tives, shall be given up as soon as conveniently may be to his successor in office. If any person shall refuse to give up any such box, etc., in such case as aforesaid, it shall be lawful for any J. P., upon application made for that purpose, to issue a warrant under his hand for bringing such person before any St. or Sp. J. P.; and upon such person appearing or not being found, it shall be lawful for such St. or Sp. J. P. to hear and determine the matter in a summary way; and if it shall appear to such J. P. that any such box, etc., is in the custody or power of any such person, and that he has refused or wilfully neglected to deliver the same to the person in whose custody the same ought to be, the said St. or Sp. J. P. shall commit such offender to the common jail of the county, there to remain without bail until he shall deliver up the same, or until satisfaction shall have been given in respect thereof. And the said J. P. may grant a warrant to search for such box, etc., as in the case of stolen goods, in any dwelling-house or other premises in which any creditable witnesses shall prove upon oath before him that there is reasonable cause to suspect the same to be; and the same when found shall be delivered to the person in whose custody it ought to be. Each R. and Sup. shall, with the approval of the R. G., appoint some suitable house (either his dwelling-house or other- wise), to be his office within his district. And the R. G. shall cause to be printed and published in the O. G. and within the respective parishes, a list of the name, place of abode, office, and hours of business of every R. and Sup. Every Sup. and R. shall be exempted from serving on any jury or inquest, and from every parochial and corporate office whatever. Whenever from any cause whatsoever there shall be no Reg. or dep. Reg. of b. and d. in any Reg. div., power for the Sup. Reg. of the dist. to perform the duties of Reg. of such div., and receive the fees therefor, until a Reg. shall be appointed, and any copies of registers forwarded from any such div. to the Gen. Reg. office, during such acting, shall be sufficiently certified by the signature of such Sup. Reg. alone. Whenever the office of Sup. Reg. for any Reg. dist. shall become vacant, any dist. Com. (ord. 6, '73), whose district shall comprise the whole or any part of such Reg. dist., shall at ORD 10, '68 $ 16 Books, etc,, to be trans- ferred on death or removal, Arrest war- rant, Search war- rant. 8 17 Offices. _8 18 Exemp- tions from serving on juries, ete, ORD 3, '71 8 6 Vacancy of reg’ship. 8 7 Vacancy of sup. reg’ship, ORD 3, '71 88. ORD 10, ’68; Part III. $19 Registrar to learn and register births and deathe. ORD 27, ’68 $ 1 Written in lieu of personal notice. ORD 27, ’68 SCHEDULE. Essequebo. Demerary. 578 MAGISTERIAL LAW. once become Sup. Reg. of such whole or such part of such Reg. dist., and shall so remain until the appointment of a Sup. Reg. Incorporates this ord. with ords. 10 and 27, ’68. Every R. (subject to any regulations made) to inform him- self carefully of every b. and d. within his district, and to register as soon as conveniently may be done and without fee or reward (save as herein provided), in one of the said register books, the particulars required to be registered according to Forms (A) and (B), every such entry being made in order from the beginning to the end of the book. It shall be lawful for any person giving information of a b. or d. happening in any part of the Col. within the limits set forth in the Sch. (p. 578), instead of attending personally and signing the original entry in the register book of such birth or death, to write the particulars of such b. or d. as required by ord. 10, ’68, upon a printed form, two copies of which will be sent to him upon application by letter or messenger to the nearest Reg., and to sign the same, with the name and residence and description of such informant, or to make his mark thereto in presence of a witness, and to forward such printed form to such Reg., either by some safe messenger, or by post; and if the receipt of such information is not acknowledged by the Reg. within 10 days, such informant shall be bound to make and forward in like manner a duplicate of suck printed form. From and exclusive of ‘‘ Devonshire Castle,” to the Pomeroon River ; the Pomeroon River and its tributaries and islands ; the Tapacooma Lake, and the other lakes on the Essequebo coast, except such parts as belong to sugar pls. in cultivation. The Supenaam Creek and its tributaries; the Hssequebo River and its tributaries and islands, from Supenaam Creek on the one bank and Pl. Philadelphia on the other bank, upwards, excepting the penal settlement and Bartica Grove settlement ; the islands of Essequebo, exclusive of Leguan, Wakenaam, and Tiger Island. The left bank of the Boerasirie Creek, beyond where it adjoins any sugar pl. The Demerary and its tributaries and islands, from Pl. ‘‘ Vries- land” on the w. bank, and ‘‘ Golden Grove” on the e. bank, upwards. ; The right bank of the Boerasirie Creek, beyond where it adjoins any sugar pl. The Mahaica Creek and its tributaries, above Pl. ‘‘Cane Grove” on the w. bank, and the bridge on the e. bank, The Mahaicony Creek and its tributaries, above Relief Village on the e. bank, and Felicity on the w. bank. The Abury Creek and its tributaries above the bridge. REGISTRATION. 579 The River Berbice and its tributaries and islands, from High- bury on the e. bank, and Ithaca on the w. bank, upwards. The Canje Creek and its tributaries, from Goldstone Hall on the e. bank, and Sandwort on the w. bank, upwards. The Corentyne Coast, from Ulverston upwards to Anamoro- nousi, or No. 66 creek. The Corentyne River and its tributaries on the w. bank and islands, from Skeldon upwards. The Reg. shall, immediately upon receiving notice in any manner of ab. or d. within the limits in the sch., forward to some one or more of the persons who are bound to give informa- tion of the particulars of such b. or d. such printed forms (two copies to each such person) as may be furnished to him for the purpose by the Reg. Gen., and shall require every person to whom a form may be forwarded to fill up one copy of the same in terms of 8. 1 hereof; and upon such form being filled up and returned to him, shall acknowledge the receipt thereof by letter, addressed to the informant, and forwarded by some safe mes- senger or by post, and shall proceed to register such b. or d. in the reg. bk., filling up the name, residence, and description of the informant in the proper column, and adding his own initials at the foot of such column, and completing such entry in the same manner as if the informant had signed it; and the form shall be preserved by the Reg., and delivered to the Sup. Reg., together with the certified copies for the quarter next ensuing. Nothing in ss. 1 and 2 hereof shall excuse any informant from signing the original register in due form when he is personally present with the Reg., and an entry is tendered to him by the Reg. for signature. Any Reg. or Sup. Reg. who shall carry, or forward, or transmit, either by post or in any other way, the originals of any registers at the same time as the certified copies, or until the originals or copies of the same registers previously forwarded or transmitted shall haye been acknowledged to have arrived at their destina- tion :— Fine, not excdg. $48. If any person residing within the limits set forth in the sch., and who is bound to give information of a b. or d., shall not within 8 months from such b. or d. give such information either as pre- scribed by ord. 10, ’68 or hereby :— Fine, not excdg. $5. All letters sent by post under ss. 1 and 2 hereof, all letters and parcels addressed to the Reg. Gen., or any of the Sup. Regs., or Regs., and all letters from the Gen. Reg. office, shall be forwarded free of postage. ORD 27, ’68 Berbice, 2 Registrar's eee fs on receipt of notice. S$ 3 When original register to be signed. S 4 Trans- mitting certi- fied copies and originals to- gether—an offence. 5 Default in giving informa- tion. 8 6 Free postage. ~ 580 MAGISTERIAL LAW. ORD 27, ’68 87 Empowers the Gov. and C. of P. to extend ord. beyond limits ‘ of the sched. 88. _ Restricts this ord. and ord. 10, ’68 from affecting the obliga- tion of any person under the Adm. Gen.’s ord., ’65, to report any death. 89. Incorporates ord. with ord. 10, ’68. ORD 3, '71 This is substituted for s. 20 of ord. 10, '68, ae Note of = The parent or parents of any child born in the Col., or the occupier of the house or tenement in which to his or her know- ledge such child was born, or the nurse or any person present at the b. of such child, shall, at any time within 21 days next after the day of such b., give notice thereof to the Reg. of the division within which such child shall have been born; and such parents or persons above specified, whether they have given such notice or not, shall, upon being required personally or by written requisition of the Reg., within 8 months after the date of such b., attend at the office of the Reg. of the div., or otherwise at the residence of such parents or person, and give information to the said Reg., according to the best of his or her knowledge and belief of the several particulars by Form A required to be registered touching the b. of such child, and shall sign the register in the presence of the said Reg. $ 2 “ Ocou- In case of a b. in any jail or prison, or in any school, re- pier" defined. ~~ formatory, hospital, lunatic or leper asylum, or other public or charitable instn., or upon any pl., estate, farm, or wood-cutting establishment, the governor, keeper, master, sup., or other chief resident officer of any such jail or prison, or any such school, etc.,.... instn., and the manager or other sup. for the time being of such pl., estate, farm, or wood-cutting establishments as “ Occupier” (within the meaning of ss. 8 and 20 of ord. 10, ’68), Liability. shall be liable in the first instance, and notwdg. the liability of the parent or parents of such child, to report and give the parti- culars of the b. of such child to the Reg. of the div. (See p. 575.) § 3 Liability In the event of any default on the part of any such occupier Asentiecses being discovered after he shall have ceased to hold such office Pier, in any such public instn., or such management or superintendence ? of such pl., etc., then, and in any such case, the proceedings under ord. 10, ’68 in respect of such default may be instituted and prosecuted against his successor, after 14 days’ notice in writing shall have been given to such successor to have such b. registered in due course of law. 8 4 Form of Every governor, keeper, master, sup., or other chief resident monies officer of any jail or prison, or any school, reform., hos., asyl., or other pub. or char, instn., and every man. or other sup., for the time being, of any pl., etc, who may be liable to give. notice to any Reg. of any b. or d,, may give such notice by REGISTRATION. 581 filling in and forwarding to the Reg. of the div. a form to be prescribed by the Rec. Gen., and at such times and in such manner as may be fixed by the Reg. Gen., and the Reg. Gen. may from time to time alter and vary such form and such times and manner of giving such notice. Every person in default of doing anything required to be — or prescribed by the Reg. Gen. to be done by him here- under :— Fine, not excdg. $5, recoverable as under ord. 10, ’68. After the expiration of 3 months following the b. of any child, no R. to register such b., save as hereinafter provided. In case the b. of any child shall not have been registered according to the provisions hereinbefore contained, any person present at the b. of such child, or the father or mother or guardian thereof, may, at any time within 12 cal. months next after the b. make before the sup. a declaration in writing of the particulars re- quired to be known touching the b. of such child, according to the best of his or her knowledge and belief, which declaration the said Sup. is hereby authorised to take, and the said R, shall then and therdé in the presence of the Sup. register the b., according to the information of the person making the said declaration. Both the Sup. and R. shall sign the entry. For every such entry the Sup. shall receive a fee of 60c. from the person requiring the same to be registered, and the R. (over and above the fee in s. 42) shall also, unless the delay shall have been occasioned by his default, take a fee of 60c. No Register of bs. shall be given in evidence to prove a b., when- ever it shall appear that more than 8 cal. months have intervened between the day of the b. and the day of the registration, unless the entry shall be signed by the Sup. as well as by the R. After the expiration of 12 months following the b. of any child, the b. shall not be registered. No R. of bs. shall be given in evidence to prove a b., wherein it shall appear that 12 cal. months have intervened between the day of the b. and the day of the registration. Tf any child, whose b. shall have been registered as aforesaid, shall, within 12 cal. months next after the registration of such b., have any name given to it in baptism, the parent or guardian of such child, or other person procuring such name to be given, may, within 14 days next after such baptism, procure and deliver to the R. or Sup. of the dist. in whose custody the register of the b. of the child may then happen to be, a cert. (C), or to the like effect signed by the clergyman or minister, or officiating person who shall have performed the rite of bap- tism, which cert. he is hereby required to deliver immediately ORD 3, '71 8 5 Breach of Ord. ORD 10, ’68 § 21 As to registration after the ex- piration of 3 months from birth, Evidence, § 22 Births not to be re- gistered after 12 months, $ 23 Name given in baptism Taay be re- gistered. 582 MAGISTERIAL LAW. ORD 10, 68 after the baptism whenever the same shall be then demanded, on payment of the fee of 24c. The said R. or Sup., upon receipt of such cert., and on payment of such fee, shall, without any erasure of the original entry, forthwith register therein that the child was baptised by such name, and also the date of the registry of such baptismal name; and thereupon certify upon the said cert. the additional entry so made, and shall forthwith send the said cert. through the post office or otherwise to the R.-G. Whenever a baptismal name shall have been added to an entry of the b. subsequently to the transmission to the G. R. Office of the return of certified copies containing such entry, a duly certified copy of such entry, containing the baptismal name and the date of such entry, shall in like manner be sent to the R.-G., who shall cause the same to be duly entered in the Register without any erasure of the original entry. When- ever any such cert. of baptism (C) shall be received by the R. or Sup. after the register book containing the original entry of b., as well as the certified copy thereof, shall both have been forwarded to the R.-G., such R. or Sup. shall forward the said cert. to the R.-G., who shall in like manner cause the same to be duly entered in the register. _S 24 Name In the case of any child or parents not recognising the sacra- foe ment of baptism, or infant baptism, when any name shall have registration. been given to any such child by the parents or guardians of such child other than that by which it may have been registered, such parents or guardians may, within 12 months after the b. of any such child shall have been registered, or if after 12 months, then only with the written authority of the S. Mag. of the dist. in which such parents or guardians shall reside, or of the P. Mag. in G. (which authority, upon a statement of the circumstances of the case submitted to him, it shall be lawful for such Mag. to give) deliver to the R. or Sup. in whose custody the register of the b. of such child shall then happen to be, a cert. (F), or to the like effect, signed by such parents or guardians: whereupon, and on payment of a fee of 24c., such R. or Sup. shall, without erasure of the name by which such child shall have been registered, register therein the name of such child; and such cert. shall be certified and transmitted by the R. or Sup. to the R.-G., as prescribed regaxding certs. in relation to names given in baptism. $25 Dutiesof Some person present at the d. or in attendance during the ror Pen" t Jost illness of any person dying, or the occupier of the house or tenement in which such d. took place ;—-Or if the occupier be the person who shall have died, then some one or more of the persons residing in the house in which such d. took place, shall within 7 days next after the day of such d., give notice of such d. to the R. of the dist. in which such d. occurred; and REGISTRATION. 583 such persons as aforesaid, or if such d. shall not have taken place within a house, then any person present at such d., or having a knowledge of the circumstances attending the same, shall, whether they have given such notice or not, upon being required personally or by written requisition of the R. within 14 days after the date of such d., attend personally at the office of the R. of the dist., or otherwise at the place of residence of such person, and give information to the R. of the dist. in which such d. occurred, according to the best of his or her knowledge and belief, of the several particulars required by the said Form (B), to be registered touching such d., and shall sign the registry in the presence of the Reg. Notice, given by a reputed wife of a man absent at the time of the d. of his guest, of such d. was held sufficient in Sample v. Horton, 2 R. C., 189. In case any person shall find exposed any new-born child, or any dead body, the person first having charge of such child, in the case of the new-born child, and the Coroner, in the case of the dead body, shall forthwith give notice of the finding of the same and of the place where the same was found, to the R. of the dist. in which the same shall have been found; and the R. shall register, after proper inquiry, all the several particulars required to be known and registered touching the said b. or d., or so much and so many of the particulars as shall have been ascertained, In every case in which an inquest shall be held on any dead body, the jury shall inquire of the particulars herein required to be registered concerning the d., and the Coroner shall com- municate the finding of the jury to the R. of the dist. in writing under his hand, and the R. shall make the entry accordingly. Provided that the Coroner shall not be required to sign the register as informant; but the R. shall state in the entry of such d. that the information was received from the Coroner, and shall transmit all such information to the Sup., who shall send the same to the R.-G., who shall preserve such informa- tions with the records of his office. In the case of bs. or ds. on board of any ship moored in any river, the master or chief officer shall be bound to report such b. or d. in like manner, and subject to the like penalties in case of disobedience, as is required of the occupier of a house on sh. ; and the master or chief officer of any colony craft shall also in like manner and subject to the like penalties as aforesaid, report in like manner every b. or d. on board of any such craft, whether moored or on any coasting or other voyage within the Col. Every person by whom the information contained in every register of b. or d. shall have been given, except in cases in ORD 10, '68 S 26 Discovery of dead body, etc. § 27 Coroner's return to Regis- trar. $ 28 Register of births and deaths on board ship. 5 29 Register to be signed by the informant, ORD 10, ’68 § 30 Signature by a mark. § 31 Correc- tion of erroneous entries. § 32 Ord. not to effect baptisms and burials. Part IV. S$ 33 Medical certificate of death. 584 MAGISTERIAL LAW. which such information shall have been given by the Coroner, shall sign his name, description, and place of abode in the register ; and, except as aforesaid, no register of b. or d. shall be given in evidence which shall not be signed by some person professing to be the informant, and to be such party as is by this ord. required to give such information to the R. In case of the inability to write of any person whose signature is required or necessary under this ord., such person may adhibit in the presence of the R.a cross or other mark, who shall annex the designation of such person to such cross or other mark. If any error shall be discovered to have been committed in the entry of any b. or d. in any register, the person discovering the same shall forthwith give information thereof to the Stip. or Sp. J. of the Dist., and such J. P. thereupon or upon otherwise coming to the knowledge of such erroneous entry shall summons before him the person who made and any person concerned in making such erroneous entry, or having any knowledge con- cerning the same, and also any person interested in the effect of such erroneous entry, and shall examine all such persons upon oath ; and if the said J. P. shall be satisfied that any error has been committed in any such entry, such J. P. shall, by authority under his hand, direct the R. to correct the erroneous entry ; and such R. shall thereupon correct the erroneous entry, ac- “cording to the truth of the case, by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereunto the day of the month and year when such correction shall be made; and such marginal entry shall be signed by the person applying for the correction ; and in every case the R. shall make the like alteration in the certified copy of the register book to be made by him as hereinafter pro- vided: Provided that in case such certified copy and the register book from which it was made shall have been already forwarded to the G. R. Office, he shall make and forward forthwith to such office a memorandum of such error and of the correction to be made. Nothing herein contained shall affect the registry of baptisms or burials as now by law established, or the right of any offi- ciating minister to receive any fee which may now be usually paid for the performance or registration of any baptism or burial. The R. shall furnish from time to time gratis, to every duly qualified Med. Prac. within his dist. the necessary forms of certs. of d., (D) to be printed and forwarded from time to timte to every R. for that purpose by the Reg.-Gen. ; and the Med. Prac. who shall have been in attendance during the last illness and until the d. of any person, shall within 10 days after the d. of such person, transmit to the R. of the dist. in which the d. oveurred a cert. of the cause of d., in the form mentioned, the particulars REGISTRATION. 585 of which shall be entered by the R. in the register ; in case such cert. shall not be so transmitted, the R. shall transmit to such Med. Prac. a form of such cert., and by a written or printed re- quisition under his hand shall require such Med. Prac. forthwith to return to him such cert. duly filled up, and such Med. Prac. shall, within 3 days after the receipt thereof, return such cert. duly filled up to such R. In the months of Jan., April, July, and Oct., on such days as shall from time to time be appointed by the R. G., every R. shall make, and deliver to the Sup. of his dist., on durable materials, a true copy certified by him under his hand, accord- ing to the form (E), of all the entries of bs. and ds. made during the quarter of the year last preceding the first day of each of the several months hereinbefore mentioned respectively, in the register book kept by him, and the Sup. shall examine the same, and if found to be correct shall certify the same under his hand to be a true copy; and if there shall have been no b. or d. re- gistered since the delivery of the last cert., the R. shall certify the fact, and such cert. shall be delivered to the Sup. as afore- said, and be countersigned by him; and the R. shall keep safely each of the said register books until it shall be filled, and shall then deliver it to the Sup., to be forthwith forwarded by him to the R. G. to be kept in the records of his office. The register books for Berbice may be forwarded to and kept in the R.’s office of Berbice, instead of being sent to the R. G., if the Gov. shall so direct. Every Sup. shall, 4 times in every year, on such days as shall be named for the purpose by the R. G., send to the R. G. all the certified copies of the registers of bs. and ds. which he shall have so received during the 8 cal. months next preceding such quarterly days of transmission respectively ; and the R. G., if it shall appear, by interruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, shall procure as far as possible consistently with this ord. that the same may be amended and supplied; and the certified copies so sent to the G. R. Office shall be thereafter kept in the said office in such order and manner as the R. G., under the direction of the Gov., shall think fit, so that the same may be most readily seen and examined. The R. G. shall, once in every year, furnish to the Gov. and C. of P. a general abstract of the number of bs. and ds. regis- tered during the foregoing year in such form and at such date as the Gov. shall from time to time prescribe. The R. G. shall cause indexes of all the said certified copies and original registers herein mentioned to be made and kept in the G. R. Office ; and every person shall be entitled, on payment of the fees hereinafter mentioned, to search the said indexes ORD 16, ’68 Part V. $ 34 Returns. Berbice, S$ 35 Copies of registers of bs, and ds. to Reg.-Gen. 8 36 Abstract, $ 37 Indexes, ORD 10, ’68 § 38 Searches. S 39 Register books for Ber- bice, § 40 Loss of certified copies, S$ 41 Fees to Sup. R. § 42 Registrars to make accounts quarterly. 586 MAGISTERIAL LAW. between the hours of 10 a.m. and 4 p.m. of every day, except Sundays and holidays, and to have a certified copy of any entry in the said certified copies of the registers or in the said original registers ; and for every general search of the said indexes shall be paid $5, and for every particular search 24c., and for every such certified. copy 60c. and no more. (See s, 8, p. 575.) Every R. shall (subject to any regulations made by the R. G.) allow searches to be made of any register book in his keeping, and shall give a copy certified under his hand of any entry or entries in the same, on payment, for every such search, of 24c. ; and for every single certificate, 24c. In case the Gov. shall direct the register books for Berbice to be kept in the R.’s Office of Berbice, the R. of Berbice shall keep and preserve the original register books to be forwarded to him as hereinbefore mentioned, and shall cause all necessary entries and corrections to be made therein, and also indexes of the same to be made and kept with them for reference at the times and in manner provided in respect of the G. R. Office, and shall give off certified copies and receive and pay over to the Ass. Rec. Gen. in the mode prescribed by ord. 4, ’68 the like fees for searches and copies as are by this ord. made payable at the G. R. Office. In case any certified copies of the registers of bs. and ds. shall be lost in course of transmission to the G. R. Office, the Sup. by whom the same was forwarded shall forthwith procure fresh copies to be made and forwarded to the G. R. Office in lieu of those so lost; and no original register book shall at any time be forwarded or transmitted from any Sup. to the G. R. Office or from any R. to any Sup. or otherwise, at the same time and by the same person by whom any certified copies shall be forwarded or transmitted. (Sees. 4 of ord. 27,’68, p. 579.) Every Sup. shall make out and send to the R. G. an account 4 times in every year on such periods as shall from time to time be appointed by the R. G., of the number of entries in such certified copies so sent by him under this ord to the R. G.; and if on examination such account shall be found correct, the Sup. shall be entitled to receive out of such funds as may be available for that purpose as hereinafter provided, but not other- wise, the sum of 4c. for every entry in such certified copies. Every R. shall make out an account 4 times in every year of the number of the bs. and ds. which he shall have registered since the last quarterly account, and the Sup. shall verify and sign the same; and such account upon being rendered to and certified by the R. G. shall be submitted for the Gov.’s warrant, and thereupon there shall be paid to the said R. out of such funds as may be available for that purpose as hereinafter pro- vided, but not otherwise, such sums as he shall be entitled to REGISTRATION. 587 receive on the said account at the rate of 24c. for every entry of b. or d. included in such account. No fee shall be paid for any entry which shall appear to the R. G. to have been made in a careless manner or in an illegible handwriting. Neither the R. of Berbice, nor any Com., Rev. or P. 0., or 8. Mag.’s -clerk, shall be entitled to receive any fees under ss. 41 or 42 asa Sup. or R. (See s. 14.) In every case in which any amount shall be payable in respect of fees under either s. 41 or 42 the same shall be paid as follows: (that is to say,) in the case of any city or town the same shall be paid by the Municipal Board or B. of Sup. from and out of the municipal rates or taxes. An account purporting to be signed by the officer to whom the same shall purport to be due, and purporting to be certified by the Rec.-Gen., and to be stamped or sealed with the seal of the G. R. O., shall, without further or other proof, be received before all Courts, and by all Judges and Justices, as sufficient evidence of such account being in every particular correct, and every such account shall be a preferent claim next after claims due to the Crown or to the Col. In every case in which an account for fees as aforesaid shall be paid out of the public funds; the Gov. and C. of P. may, by resolution to be published in the O. G., levy a special rate upon the div. in respect to which the said fees shall have accrued for the repayment of such account with interest and costs; and every such special rate shall have the same preference, and shall be recoverable in the dist. by any Com., for and on behalf of the Rec.-Gen. as the rates and taxes of any incorporated village are recoverable under any ord. The production of a printed copy of the O. G. containing any resolution of the Gov. and C. of P. levying such rate in any div., shall be conclusive evidence of the existence and of the due making and levying of such rate within such div.; and the * same shall be assessed by the Com. upon the inhabitants thereof and their property, as assessments for the recovery of the rates and taxes of any incorporated village under any ord.: Provided always that every such assessment must first be submitted to the Gov. and C. of P. for approval, and, when approved, the same shall be final and conclusive. * Ss, 43-46 repealed by ord. 8, 69, except so far as relates to G. and New-Am. :— S. 1 repeals ss. 43-6 of ord. 10, ’68 except as to G. and New-Am, In every case in which any amount shall be payable in respect of fees under ss. 41 or 42 of ord. 24,68, to any Sup. Reg., or Reg., of any part of the Colony other than G. or New-Am., the same shall be paid by the Rec.-Gen. upon the warrant of the Gov. from the public revenues, This ord. merely postponed the coming into operation of ord. 10, ’68, till proclaimed by the Gov. in the 0. G. ORD 10, ’68 $ 43* How fees to be recovered. § 44 Evidence of amount. S 45 Special rate, § 46 Assess- ment of rate, ORD 8, 69 8 2. ORD 24, '68 ORD 10, '68 __ 5 47 False information. 8 48. 8 49 Failure to register. Loss of books, S 50 Neglect to deliver copies, ete. $ 51 Neglect of med. prac, to certify death, S$ 52 Improper registry of birth. § 53 Failure to give notice of birth or death. $§ 54 Failing to give personal information of birth or death. 588 MAGISTERIAL LAW. Every person who shall wilfully make or cause to be made, for the purpose of being inserted in any register of b. or d., any false statement touching any of the particulars herein required to be known and registered :— Punishment as for “ PERJURY,” which see. Incorporates ss. 88 and 39 of ord. 23, 62. (See ‘‘ ForcERy.’’) Every Reg. who shall refuse, or without reasonable cause omit to register any b. or d. of which he shall have had due notice, or to make any addition to or alteration upon the registry in accordance herewith:—And every person having the custody of any register book, or certified copy thereof, or of any part thereof, who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping :— Fine, not excdg. $48. Every person who hereunder is required to deliver the registers of b. and d., or copies of such registers, to any Sup. Reg. or to the Reg.-Gen., and who, after being duly required to deliver such registers or copies as aforesaid, shall refuse, or during 1 calendar month neglect to do so :— Fine, not excdg. $48. Every med. prac. who ‘after being required by the Reg. to return to him a cert. of the cause of d., duly filled up under s. 33 hereof, shall, without reasonable cause, neglect or refuse so to do :— Fine, not excdg. $48. Every person who shall, knowingly, register or cause to be regis- tered the b. of any child, or otherwise than is hereby required, after the expiration of 8 cal. months following the day of the b. of such child :—Or who shall knowingly register or cause to be registered the b. of any child after the expiration of 12 months following the day of the b. of such child :— Fine, not excdg. $24. Every person required hereby, who shall, within the period specified hereby, fail to give notice of any b. or d. to the Reg. of the dist. within which such b. or d. shall have occurred :— Fine, not excdg. $6. Every person required hereby, who shall, within the period speci- fied hereby, fail to attend personally at the place specified by the Reg. of the dist. within which such b. or d. shall have occurred, and to give information to such Reg. of the particulars required hereby to be registered touching such b. or d.;—Or shall refuse to sign the register in the presence of the Reg. :— RIOTS. 589 Fine, not excdg. $10, See ord. 8, 71, substituting written information for personal (p. 580). In the case of finding exposed any new-born child, or any dead body, every person who shall be -required hereby to give notice, and who shall not give notice forthwith of finding the same, and of the place where the same was found, to the Reg. of the dist. in which the same shall have been found :— Fine, not excdg. $5. No penalty imposed hereby on persons failing to give any notice required ‘hereby shall be exacted, if any of the parties so required shall have given such notice :—And whenever notice is required to be given hereby the person bound to give the notice shall be held to have sufficiently discharged himself if he shall prove upon oath that he put into the post office before the expiration of the period within which the notice is required to be given, a letter addressed to the person to whom, and con- taining the particulars of which, the notice is required to be given. No penalty shall be exacted in any case when it shall appear to the satisfaction of the 8. J. P. that the person failing to comply with the provisions hereof in relation to the givin notices or information under the same, has not wilfully been guilty of such failure, but that such failure has been occasioned by unavoidable accident, or by circumstances over whick he had no control, and where he had used every reasonable endeavour towards compliance with such provisions. Procedure under ords. 19, 56 and 3 and 5, ’68: jurisdiction over every offence under ord. : at the instance (s. 59) of any person: appropriation of fine under ord. 5, ’72 (p. 181), by the Rec.-Gen., one-half to the prose- cutor and the other to the Crown. RIOTS. Ord. 28, ’46. Whenever persons to the number of 3 or more shall do or commit (in this Col.) any act or acts, matter or matters, thing or things, which if done or committed in E. would amount to, or be deemed to be, a riot or rout, or an unlawful or tumultuous assembly, according to the common law of E., such persons shall, upon being convicted thereof, incur and be liable to the same punishments, penalties, and forfeitures as by the common law of H. are provided against persons convicted of riot or rout, or unlawfully and tumultuously assembling, 39 ORD 10, '68 § 55 Failure to notify finding new-born child or dead body. § 56 _ of ing notice Pie a sufficient defence. $57 Magis. trate’s discre- tion. § 58 Pro- cedure, ORD 23, ’45 $1 Law of riot, ete., accord- ing to the law of England, ORD 23, '46 § 2 What is a riotous as= sembling, 8 3 “The Riot Act,” or procla- mation, When to be Tead, , 8 4 Proceed- ings on non- dispersion, 590 MAGISTERIAL LAW. If any persons to the number of 12, or more, being unlaw- fully, riotously, and tumultuously assembled together to the disturbance of the public peace, and being required or com- manded by any one or more J. or Js. P., or by the Sheriff of the County, or his Under-Sheriff, or by the Mayor, Bailiff or Bailiffs, or other head officer, or J. P., for any city or town corporate, where such assembly shall be, by proclamation to be made in the Queen’s name, in the form hereinafter directed, to disperse themselves and peaceably to depart to their habitations, or to their lawful business, shall, to the number of 12 or more (notwdg. such procl. made), unlawfully, ete., remain or continue together by the space of one hour after such command or request made by procl., that then such continuing together to the number of 12 or more after such command or request made by procl., shall be adjudged fel. :— Punishment—transportation (or p. 8., s¢e 8. 7) for life, or not Jess than 15 yrs., or impr. not excdg. 3 yrs. Sees. 7, p. 592. The order and form of the proel. that shall be made by the authority of this ord. shall be as hereafter followeth, that is to say, the J. P. or other person authorised by this ord. to make the said procl. shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be while procl. is making, and after that, shall openly and with loud voice make or cause to be made proclamation in these words, or like in effect : “ Our Sovereign Lady the Queen chargeth and commandeth all persons being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the ord. entitled ‘An Ord. to introduce into the Col. of B. G. the Laws of E. with respect to riots, routs, and unlawful and tumultuous assemblies ’—God save the Queen.” And every such J. and Js. P., Sheriff, Under-Sheriff, Mayor, Bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorised, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place where such unlawful,- riotous, and tumultuous assembly shall be of persons to the number of 12 or more, and there to make or cause to be made procl. in manner aforesaid. If such persons so unlawfully, riotously, and tumultuously assembled, or twelve or more of them after procl. made in manner aforesaid, shall continue together and not disperse themselves within one hour, then every J. P., Sheriff, or Under- Sheriff of the county where such assembly shall be, and also every High or Petty Constable, and other peace officer within such county; and also every Mayor, J. P., Sheriff, Bailiff, and other RIOTS. 591 head officer, High or Petty Constable, and other peace officer of any city or town corporate where such assembly shall be; and such other person and persons as shall be commanded to be assisting unto any such J. P., Sheriff, or Under-Sheriff, Mayor, Bailiff, or other head officer aforesaid (who are hereby authorised and empowered to command all H. M.’s subjects of age and ability to be assisting to them therein), may seize and appre- hend, and are hereby required to seize and apprehend, such persons so unlawfully, riotously, and tumultuously continuing together after procl. made as aforesaid, and forthwith to carry the persons so apprehended before one of H. M.’s Js. P. of the county or place where such persons shall be so apprehended, in order to their being proceeded against for such their offences according to law ;—And if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen ta be killed, maimed, or hurt in the dispersing, seizing, or appre- hending, or endeavouring to disperse, seize, or apprehend them, then every such J. P., ete., and all and singular persons being aiding and assisting to them, or any of them, shall be free, discharged, and indemnified as well against the Queen’s Majesty, her heirs and successors, as against all and every other person and persons of, for, or concerning the killing, maiming, or hurting of any such person or persons so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt as aforesaid. If any person or persons do, or shall with force and arms wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any person or persons that shall begin to proclaim, or go to proclaim accord- ing to the procl. hereby directed to be made, whereby such procl. shall not be made, that then every such opposing, obstructing, letting, hindering, or hurting such person or. persons so beginning or going to make such procl. as afore- said, shall be adjudged fel., and the offenders therein shall be adjudged felons :—- Punishment as in 5, 2. Every such person or persons so being unlawfully, riotously, and tumultuously assembled to the number of 12 as aforesaid, or more, to whom procl. should or ought to have been made, if the same had not been hindered as aforesaid, shall likewise, in case they or any of them to the number of 12 or more shall continue together, and not disperse themselves within one hour after such let or hindrance so made, having knowledge of such let or hindrance so made, shall be adjudged felons :— Punishment as in s. 2. The punishment of impr, under this ord. may be with or without h, 1- ORD 23, °46 8 5 Oppoging the making of proc, fel, ORD 23, '46 —_—_—_~ 87 Penal serv, 8 8 Prison discipline, 8 9 Limita- tion, ORD 30, ’56 s1L 8 2. 83, $8 4 Carri nner rara and Esse- quebo. Leguan. Wakenaam 592 MAGISTERIAL LAW. in the common jail or house of correction, or on any public work, and with or without s,c. not excdg. 1 month at any one time, and 3 months in any 1 year. ; In every case in which any offender convicted of fel. under or by virtue of this ord. shall be condemned by any Judge or Court to be transported beyond the seas for his life, or for years, it shall be lawful for Her Majesty, or the Gov. in her name, by warrant under his hand and seal of office, to order that such an offender, instead of being transported, shall be imprisoned at H. M.’s Pen, Set. in the river Ess. or at any other Pen. Set., or in any other prison in this Col., there to be kept to h, 1. not excdg. the term of transp. Every offender whose punishment of transp. shall be trans- muted and changed into impr. as aforesaid, shall, during such impr., be subject to h.1., and to all the discipline, rules, and regs. of the prison in which he shall be confined. Prosecutions must be commenced within 12 months after committal of the offence. ROADS. ‘‘The Road Ord., ’56 ’’—short title. Repealing sec. Repealed. The Com. of T. is now the Insp. of Roads and Bridges in his own district. 1) The road from the left bank of Abary Creek to G. {3 The road on the bank of the Mahaica Creek to and inclu- sive of Pl. Cane Grove. (3) The road on the e. bank of the Dem. R., from Pl. La Penitence to Pl. Golden Grove, both inclusive. (4) The road on the n. side of Canal 3 from the public bridge on Pl, Providence to and inclusive of Pl. Haags Bosche. (5) The road on the w. bank of the Dem. R., from Pl. Vive la Force to Pl. Vreed-en-hoop, both inclusive. (6) The road on the south side of Canal 1 from the bridge over the canal next to the river to the w. side line of Pl. Noitge- dacht and the road on the n. side of Canal 1 from the same bridge to and inclusive of Pl. Endeavour. (7) The road from Pl. Best to Pl. Greenwich Park, both inclusive. (8) The road from and inclusive of Pl. Vrouw Anna on the windward side round the I. to and inclusive to Pl. Osterbeck on the leeward side. The road on the windward side from Pl. Moor Farm to Pl. Concordia, both inclusive, and on the w. side from the Steamboat Stelling to and inclusive of Pl. Zeelandia. ROADS. 593 (9) The road from Pl. Spring Garden to Pl. Walton Hall, both inclusive. ; (10) The road from the right bank of the Abary to the ferry at Blairmont. (11) The road from Blairmont Ferry to and inclusive of Pl. Standvastigheid. (12) The road on the right bank of the Berbice R. to and inclusive of Pl. Highbury (since made a bridle-road). (18) The roads on both banks of the Canje Creek, on the e. bank to and inclusive of Pl. New Forest, and on the w. bank to and inclusive of Pl. Philadelphia. (14) The road from the bridge over the Canje Creek to and inclusive of Lot 50 on the Corentyne Coast. (1) The road on each bank of Mahaicony Creek. (1a) See (12), supra. (2) The road from the s. boundary of Pl. Golden Grove as far as the road extends. (3) The road on the s. side of Canal 3, from Pl. Arcadia to Pl. Woerden, both inclusive. , (4) The road on the s. side of Canal 1, from Pl. Noitgedacht to Pl. Studley Park, both inclusive. (5) The road on the n. side of Canal 2, from the bridge over the canal next to the river to and inclusive of Pl. Middlesex. (6) The road from the s. boundary of Pl. Vive la Force as far as the road extends. (7) The road from the s. boundary of Pl. Greenwich Park as far as the road extends. (8) The road from Pl. Endeavour to Pl. Hoop-en-Vries, both inclusive. (9.) The road from Pl. Spring Garden to the church on Pl. Good Hope. (10) The road from the n. boundary of Pl. Walton Hall as far as the road extends. Power for the Gov. and OC. of P. by procl. in the O. G. to extend or limit any of the lines of road enumerated, and declare the same to be carriage roads or bridle roads, subject to the pro- visions of this ord. No deviation excdg. 25 roods from the existing lines of roads shall be permitted, except with the sanction of the Gov. and C. of P., and when any deviation shall be made, with or without such sanction, the said Gov. and C. of P. may declare the new line of such road to be a carriage road or a bridle road, as the case may be, and such new line of road shall thereupon be subject to the like rules and regulations in respect to the repair and main- tenance thereof as are hereinafter enacted with respect to exist- ing roads. In every case of such deviation the proprietor of the estate of which the road shall be changed shall be lable to main- ORD 30, '56 Berbice, Bridle roads. § 5 Extension or limitation. $ 6 Deviation, ORD 80, ’56 S 7 How obtained, When com- pulzory. § 8 Liability of proprietors of estates. Company path, 8 9 North side of Canal No. 1. § 10 North side of Canal No, 2. $11 North side of Canal No. 3. 8 12 Leguan I, 594 MAGISTERIAL LAW. tain the road along the company path of said line, connecting the new road with the old road, or with the adjoining estate or estates. Whenever the proprietor of any estate shall be desirous of altering the line of road through such estate to an extent exedg. 25 roods, a statement of the reasons for such alteration, ac- companied by a correct diagram or sketch of the locality, in duplicate, showing the existing or former as well as the proposed new line of road, shall be submitted to the Gov. and C. of P., who shall make such order thereon as the case may require. Whenever it shall appear to the Dist. Insp. that any road is or is likely to become unsafe, and that the line thereof should be altered, it shall be lawful for the Gov. and the C. of P. to call upon the proprietor of the estate through which such road shall run to show cause why the line of such road should not be altered, and the Goy. and C. of P. may, after consideration of his reply, or if no reply shall be made within 3 weeks, then upon such evidence as may satisfy them of the necessity for so doing, direct the line to be altered accordingly. The proprietor of every estate through which any of the roads enumerated in s. 4 shall pass shall be bound to keep such road, and likewise any bridge in the line thereof, within such estate, in good order and repair in manner hereinafter directed; and _ every such proprietor shall likewise have and maintain good and sufficient dams for the protection of such road. Where any such road shall pass over a company path or on the side line of any two estates, or where any such bridge shall be over a company canal or on such side line, the expense of maintaining the same respectively, and all dams in connection therewith, shall, in the absence of any agreement or usage to the contrary, be borne jointly by the proprietors of each estate abutting thereon respec- ‘aly, The first 50 roods of road on the n. side of Canal 1 shall be kept up at the expense of the proprietor of Pl. La Grange, and the succeeding 700 roods thereof at the expense of the estates in the said Canal in proportion according to the number of roods of their respective fagades. The first 750 roods of road on the n. side of Canal 2 shall be kept up at the expense of the estates in the said Canal, in pro- portion according to the number of roods of their respective JSagades. The first 750 roods of road on the n. side of Canal 3 shall be kept up at the expense of the estates in the said Canal, in propor- tion according to the number of roods of their respective Sagades. The road across Leguan I. between Pls. Doornhaag and Enter- prise on one side and Vertrouwen on the other, shall be repaired ROADS. 595 and kept in order by and at the expense of the proprietors of all the estates on the said I., save and except Pls. Elizabeth Ann and Pleasing Hope. The road across Wakenaam between Pils. Meerzorg and Maria’s Pleasure shall be repaired and kept in order by and at the expense of all the estates on the said I. from Pl. Moor Farm, inclusive, on the e. side, and Pl. Friendship, inclusive, on the w. side, downwards or to the n.; and the road called the Regent Road shall be repaired and kept in order by and at the expense of the proprietors of all the estates in the said I., from Pl. Nieuw Bendorf, inclusive, on the e. side, and Pl. Sarah, inclusive, on the w. side upwards or to the s. The roads between Pls. Wilhelmina and Neufchatel as far as Pl. Belvidere, and between Pls. Drill and Sarah, shall be repaired and kept in order by and at the expense of the Col. One-half of the road between Pls. Farm and Ses Kinderen shall be re- paired and kept in order, as far as the depth of said Pl. Farm, by and at the expense of the proprietor thereof, and the other half thereof shall be repaired and kept in order, as far as the depth of the said Pl. Farm, by and at the expense of the Col. If at any time the Gov. and Combined Court shall provide the necessary funds, payment shall be made to the representa- tives of the several estates for such repairs of roads as may have been executed at the instance and to the satisfaction of the dist. insps. : All carriage roads, save as herein excepted, and save such as may be specially exempted by order of the Gov. and C. of P., shall be at least 36 feet wide. Those on clay soils shall be covered in the centre to the extent of 8 feet wide and 3 in. deep with shells, gravel, burnt earth, stones, bricks, or other hard substance, provided they are broken so that each piece will pass through a ring 2 in. in diameter in the clear. ‘¢ Hard substance”’=shells, gravel, burnt earth, bricks, ashes, rubble, or stones. ; The roads on sandy soil shall be covered to the like extent with clay or shells, unless the dist. insp. shall allow the same to remain uncovered. Roads on Wakenaam in existence at the time of the passing of ord, 7, 44, deviating from the general regulations, shall be at least 24 feet wide with parapets of 4 feet on each side. Bridle roads shall be at least 8 feet wide, and kept clear of bush, and otherwise in good repair, for the accommodation of passengers on foot or on horseback [but shall not be required to be covered with hard substance]. So much of s. 17 of ‘The Road Ord., 56” as enacts that bridle roads shall not be required to be covered with hard substance is hereby repealed ; and, after this ord. shall come into operation, ORD 30, '66 $13 Wake- naam, § 14 Mahai- cony. $15 Payment for repairs. $16 Carri road>—-width, Covering— clay soils, ORD 11, '76 8 2 “Hard substance,” ORD 30, ’66 § 16 Sandy soils—oovering. Wakenaam, 8 17 Bridle roads. ORD 11, '76 810. ORD 30, '56 $ 18 General rules for the maintenance of loads, $ 19 Bridges kept up at public expense, 8 20 Bridges over Canal 1. Renewal. § 21 Bridge over Canal 2, Renewal, 8 22 Bridges over Canal 38. 596 MAGISTERIAL LAW. every bridle road shall be covered in the centre, to the extent of 4 feet wide and 8 in. deep, with hard substance so broken as that each piece will pass through a ring 2 in. in diameter in the clear. (1) The road shall be formed with a convex surface sloping gradually from the centre to the edge of the trench on each side. (2) The line of junction between the parapets and the centre or covered part shall be kept smooth ; all ruts, holes, and hollows on the covered centre shall be filled up with like material to that employed for the covering, and no long grass or weeds shall be allowed to remain thereon ; the parapets shall be kept smooth and free from shrubs or bush, stumps, long grass, or roots, and when the trenches on the sides of any road require to be cleaned or dug out, the excavated mud or earth shall not be thrown on the road, but shall be disposed of in such manner on the side or parapet as to leave the centre of the road sufficiently high to allow the water to run off without obstruction. (3) All materials intended for the repair of the roads shall be so placed upon the parapets as not in any way to interrupt the traffic or hinder the water from running off. (4) All turnings of the road shall be kept clear of all obstruc- tion from bush within a line drawn from a point 5 roods on one side of the turn to a point 5 roods on the other side of the turn. The bridges over the Mahaica, Mahaicony, Abary, Hobaboe, Boerasirie, Capoey, Cina, Iteribisci, Warousi, and Canje Creeks, shall be kept in good order and repair at the expense of the Colony. For the keeping up as a carriage-road-bridge of the bridge over Canal 1 next to the river, and of the bridge over the said canal at Pl. Vauxhall, each of the estates in the said canal shall contribute its proportion of expense according to the number of roods of its fagade. Whenever the first mentioned bridge re- quires to be renewed, one half of the expense of such renewal shall be defrayed from the Col. chest. For the keeping up as a carriage-road-bridge of the bridge over Canal 2 next to the river, each of the estates in the said canal shall contribute its proportion of expense according to the number of roods of its fagade. Whenever the said bridge shall require to be renewed, one-half of the expense of such renewal shall be defrayed from the Col. chest. For the keeping up as a carriage-road-bridge of the bridge over Canal 8 next to the river, and of the bridge over the said canal at Pl. Profit, each of the estates in the said canal situate on the north side thereof, as far as and including Pl. Haag’s Bosche, and each of the said estates situate on the south side thereof, as far as and including Pl. Utrecht, shall contribute its ROADS. 597 proportion of the expense of repairs of the said bridges accord- ing to the extent of its fagade. Whenever the first mentioned bridge requires to be renewed, one-half of the expense of such renewal shall be defrayed from the Col. chest. Every carriage-road-bridge shall be at least 12 feet 4 in. wide between and exclusive of the railing, entirely of hardwood, and supported on not fewer than 5 beams resting on capped posts, each beam and each post not less than 8 in. square ; the flooring shall be of plank not less than 2in. thick, properly secured to the beams; the railings shall be at least 3 feet in height from the flooring, the posts and toprails at least 4 in. square; the upper part of the toprails rounded off at the edge ; the side laths shall be 4 in. broad and 14 in. thick, and shall be morticed into or let in and nailed on the posts. The whole of the bridge railing shall be painted of a clear white, and be kept so painted at all times, and every such bridge shall be [kept pro- perly covered with shells, gravel, or other material in like manner as the road adjoining thereto]. See ord. 11, 76, 8. 11, infra. Every bridle-road-bridge shall be at least 8 feet wide between and exclusive of the railing, and shall be constructed in the same manner as the carriage-road-bridges, but they shall not be re- quired to have more than 3 beams. So much of ss. 28 and 24 of ‘‘ The Road Ord., 56” as enacts that every carriage-road and bridle-road-bridge shall be kept properly covered with shells, gravel, or other material in like manner as the road adjoining thereto, shall be repealed; and, after this ord. shall come into operation, every carriage-road- bridge and every bridle-road-bridge shall be kept properly covered with shells, gravel, or other material in like manner as the road adjoining thereto, or shall be covered in the centre to the extent of 4 feet wide with white pine planks 2 in. in thickness. Any person liable to maintain a public bridge may construct the same in iron in lieu of wood, with the written permission of the dist. insp., and in such case such bridge shall be constructed in such manner as such dist. insp. shall direct. Where sluices or kokers are used as bridges the regulations as to railings and covering of the carriage-way shall be equally applicable to such sluices and kokers. In case the centre of any bridge shall be raised above the level of the road leading thereto on either side, the road and bridge shall be constructed on an inclined plane of such length that the ascent shall not ex- ceed the rate of 1 in 12 feet. When any bridge requires such repairs as to render the stop- page of traftic over it necessary, the persons liable for such repair shall be bound to provide a safe temporary bridge with sufficient railings for passengers and vehicles, laden or unladen, subject to the approval of the dist. insp. ; and if in his opinion it shall be ORD 30, ’56 Renewal. $ 23 Construc- tion of carriage- road bridges. _ § 24 Construc- tion of bridle- road bridges. ORD 11, '76 §$ 11 Covering of bridges. § 25 Iron bridges. § 26 Sluices or kokers used as bridges. § 27 Tempo- rary bridges, ORD 30, *56 § 28 Sailing craft where bridges under repair, § 29 The three public canals— rules for. CANAL 1 S 30 Future liability of Bagotville village. CANAL 2 § 31 Future liability of Stanley Town village, 598 MAGISTERIAL LAW. insufficient or unsafe, and the person liable shall refuse to make the required alterations, the dist. insp. shall have such alterations made, and the cost thereof shall be recoverable in the same manner as is hereinafter provided for the recovery of sums ex- pended on repairs of roads or bridges for which estates are liable. In the event of its becoming necessary, in consequence of the erection, removal, alteration, or repair of any bridge across a canal or creck, to make regulations for the movement of sailing or other craft, the Gov. and C. of P. may make and publish such regulations, which shall thenceforward be binding on all persons concerned, and any person violating any such regulations shall be guilty of an offence :— Fine, not excdg. $24, but the payment of such penalty shall not relieve any person from his legal liability to make good any damage done by the act complained of, (1) The first 750 roods of Canal 1 and the banks thereof shall be kept clean and in good order at the joint expense of all the estates in the said Canal in proportion to their respective facades, and the remainder of the said Canal shall be so kept by the estates on each side along their respective fagades. (2) The first 750 roods of Canal 2 and the banks, etc., as before. (3) The first 750 roods of Canal 3 and the banks, etc., as before. If at any time the proprietors of Pl. Mindenburg, commonly known as the Village of Bagotville, shall by writing under the hands of their Crs. or of the majority of them, make known to the Gov. and C. of P. their wish to make use of the road on the s. side of Canal 1 or of the said Canal itself or both of them, or if it shall otherwise be shown to the satisfaction of the Gov. and C. of P. that the proprietors of the said village are in the habit of making use of the said road or Canal or both, then and in any such case the Gov. and C. of P. may by resolution declare the said pl. or village to be subject to such and the same liabili- ties as the other pls. on the gs. side of the said Canal are hereby declared liable to in respect of the roads on the sides of the said Canal, or of the said Canal itself and of the bridges over the same, If at any time the proprietors of Pl. La Retraite, commonly known as the village of Stanley Town, shall by writing under the hands of their Crs., or of the majority of them, make known to the Gov. and the C. of P. their wish to make use of the road on the n. side of Canal 2 or of the said Canal itself or, etc., as in s. 30... as the other pls. on the n. side of the said Canal are hereby declared liable to in respect of the road on the n. side of the said Canal and of the said Canal itself, and of the bridge over the same, ROADS. 599 The: dist. insp. on finding upon his own view or the report of any person that any road or bridge is not in the order and repair required by this ord., or that there exists any defect in any dam or koker of any estate injurious to the public road, or that any public Canal requires to be cleaned or dug out or otherwise put in order, or that any bank thereof requires to be cleaned or repaired, shall forthwith give notice of the same to the owner or person in charge of the estate, or if there be no known owner or person in charge, then such notice shall be affixed to the principal building thereupon, or if there be no buildin thereupon, then to some tree or other conspicuous object upon such estate; such notice shall point out generally the work required to be done for repairing such road or bridge, or remedy- ing such defect, and shall fix the time within which it is to be done; the notice may be in writing or in print, or be partly written or partly printed, and shall be signed by the dist. insp., and shall be served by a person able to read and write, and a duplicate or copy thereof shall bear the certificate of the person serving the same to the fact of such service, and such cortificate being sworn to before any J. P. shall be deemed evidence of the fact if the person so serving cannot be produced to give oral testimony to the same. In Beete v. Kelly (25 April, 1874) Snagg C. J. said:—“‘The ord. requires a notice of this description to be served by a person able to read and write; and enacts, that a duplicate or copy of the notice bearing the cert. of the person serving the same as to the fact of such service, sworn before a J. P., shall be deemed evidence of the fact, if the person serving the same cannot be produced to give oral testimony. The case had been dismissed by the Mag. on the ground of non-service of the notice, The reasons for review were that the policeman who served had left the dist, before the trial came on before the Mag., and that the cplt. did not know it till the case came on. Evidence was given that the party serving could not be produced. A policeman need not neces- sarily serve the notice. The cplt.should have asked for an adjournment. Had the Mag. refused, this Court would have then interfered, but it cannot now.” If at the expiration of the term mentioned in such notice the owner or person in charge of the estate liable for the work required shall not have effected such work to the satisfaction of ‘the dist. insp., or shall not have obtained an order from the Gov. and the C. of P. commanding such insp. to stay pro- ceedings either altogether or for such time as may be specified in such order :— The owner or person in charge of such estate shall be liable to a fine of $2 per day for every day that the work shall remain unfinished after the expiration of the time allowed by the dist. insp., and such insp, shall forthwith have the necessary work effected; but such insp, shall not commence any work the cost of which he may have reason to believe will exceed the sum of $100 without the previous sanction of the Gov. ORD 30, ’66 S 32 Notice to repair de- feotive road, ete. As to service of notice, cf. ord 11, ’76, 8. 5, p. Service of notice, S 33 In default of repairs, ORD 30, ’66 Liability under last s, Notice to owner of one half estate invalid. Exclusion of Sunday in com- puting notice wrong, S 34 Right of entry on estate, § 35 Right to clear brushwood, etc, 600 MAGISTERIAL LAW. ae the C. of P. [Sembie, the fine may be any sum per diem not excdg. 2, ‘anne ord. as I understand it (says Phillips J. in Hone v. King, 2 R.C., 187) makes the whole estate as it existed at the time of the passing of the ord. liable for the repairs of the whole of the public road passing through it, and I consider that, where the estate has been subdivided subsequently to the date of the ord., the whole estate is still liable for the whole of such repairs, and in these views I am supported by Jeffrey v. Winter (p. 603). And inasmuch as I think that all the several proprietors, as well as the whole estate, are jointly liable for the whole of the public ~ road running through the estate, and that no one of them was separately liable under the ord. under the term ‘owner of the estate,’ for any par- - ticular portion of the estate or of the read running through it, whatever the liabilities of the owners may be as amongst themselves, I do not think that a notice such as the one which was the basis of this case, addressed to the owner of one-half of an estate, requiring him to keep the public road through such half, avalid one under this ord., as however desirable it may be under certain circumstances, the dist. insp. is nowhere empowered to make any division amongst the parties in the matter of their responsibility for keeping the whole public road in repair, which responsibility cast upon them all by the ord. in respect of the whole road or at all events as I should be disposed to consider to the extent of the value of their respective shares in the estate.” Reversed without costs. (Hone v, King, 2 BR. C., 187; Fauset v. Backer, p. 604.) A Mag. excluded Sundays in computing the days of a notice. Arrin- dell J. said, in Young v. Miller, 1 R. C., 42—“ A notice cannot be served or made returnable on a dies non, but there is no rule or principle of law that supports such a doctrine as that in a notice of 10 or any greater [semdle, or less] number of days Sundays are to be excluded. The Sabbath Act is not relevant in such a case.’ The dist. insp., and any person authorised in writing by him, - and the servants, workmen, and labourers employed by or under such insp., at all times and with all necessary and proper carriages and animals and other means, may enter upon any estate liable for the maintenance of any existing or intended road or canal within his district, and there severally to do and perform all acts, matters, and things necessary for the purposes of tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving any part of such road or canal within or along such estate, or for building, excavating, repairing, clearing, or improving any bridge, trench, or dam appertaining thereto, or in any way connected therewith, or for performing any act, matter, or thing required to be done by him. Any dist. insp., or any person authorised as aforesaid, with the servants, workmen, and labourers employed by or under any such insp. or person, at all reasonable times and with all necessary and proper carriages, animals, and other means, may search for, dig, cut, take, and carry away any brushwood, shells, or clay, for the purpose of tracing, measuring, making, working, opening, altering, turning, repairing, clearing, improving, or in any way assisting in the tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving any ROADS. 601 existing or intended road or canal within the district, or of building, erecting, excavating, repairing, clearing, or improving any bridge, trench, or dam thereupon, or in any way connected therewith, or for the construction or repair of any buildings whatsoever required on or near any such road or canal for the use of such insp. or person authorised as aforesaid, or any workman, animals, carriages, persons, or things employed in his service, in and from any uncultivated part of the estate liable for the maintenance of such road, canal, bridge, or dam. In the tracing, measuring, making, working, opening, altering, turning, repairing, clearing, or improving any existing or in- tended road, or canal, or building, erecting, excavating, repairing, clearing, or improving any bridge, trench, or dam thereupon, or in any way connected therewith, any dist. insp. or person authorised as aforesaid may throw or cause to be thrown upon any lands adjacent or near thereto of the estate liable for the maintenance of such road, canal, bridge, or dam, such earth, rubbish, or materials as it shall or may be necessary to remove from the place of any such work. An account of the costs, charges, and expenses incurred for or on the behalf of any pl. or estate, by any dist. insp., signed by such dist. insp., or in the event of his death or absence, by his successor in office, and approved by the Gov. and C. of P., shall without proof of any other matter or thing be held and deemed to be in all Courts and by all Judges and Mags. con- clusive evidence of such account being in every particular correct ;— And the amount thereof shall and may be recovered by summary execution against the said estate at the instance and in the name of the C. Rec.-Gen. or his Ass.: in the first instance, in the event of the said estate not being under mortgage, levying upon and selling the movable property belonging to or found on the said estate; but, in the event of no, or insufficient, movable property, or of the said estate being under mortgage, by levying upon and selling the said estate with the appurtenances. In the case of any pls. hereinbefore declared to be jointly liable for the maintenance or repair of any road, canal, or bridge, the dist. insp. shall after giving notice to the proprietors or persons in charge of all the said pls., apportion the quantity of work required to be done by each of said pls. in respect to such maintenance or repair, and such apportionment on being con- firmed by the Gov. and C. of P. shall be valid and binding upon each of the said pls., and in case of default being made by any of the said pls. in performing the work so apportioned, the dist. insp. may cause the same to be done and may proceed by summary execution against each such pl. in default. (Ss. 87 and 38.) ORD 30, ’66 § 36 Right to throw rub- bish, etc., on adjacent lands. SS 37, 38 How amount due for repairs recover- able, 8 39 Joint liability—ap- portionment of work. ORD 30, ’66 5 40 Re- moving, ete., road materials. S$ 41 Property obstructing or damaging any road, etc., may be seized. S 42 Strays on roads. Swine. S 43 Sides of road. S$ 44 Carts to have owner's name and resi- dence painted thereon, 602 MAGISTERIAL LAW. Any person not duly authorised removing, damaging, or destroying materials of any kind deposited for the repair of the roads or bridges ;—misd. :— Impr., with or without h, 1, not excdg. 3 months. Any property obstructing or damaging any public road, bridge, or canal, may be seized by the dist. insp. or by any person by him thereto authorised in writing, and if remaining unclaimed for 14 days after notice given to the owner thereof to come forward, claim the property, and pay all damages incurred, shall be sold, and the proceeds placed to the credit of the annual vote for roads and bridges; but if such damage shall have been repaired or such obstruction removed at the expense of any estate liable under this ord., then such proceeds, after deduction of expenses, shall be payable to the proprietor or representative of such estate or person. All cattle (other than swine) tethered or straying on any public road or bridge, may be seized and impounded by any person authorised in writing by the dist. insp., and also to the extent of his portion of road by the owner or person in charge of any estate. All swine so straying may be destroyed, and their bodies shall belong to the persons destroying them. Section not to apply to sheep. All carts, carriages, horses, and mules in travelling on the public roads shall keep on the driver's or rider’s left hand side thereof, and any cart, carriage, horse, or mule, overtaking and passing another shall pass on the right hand side of the driver or rider to be passed :— Fine, on driver or rider offending, not excdg. $10. The owner of every waggon, cart, or other carriage used for the conveyance of any goods shall paint or cause to be painted in one or more straight line or lines upon some conspicuous part. of the right or off side of his waggon, cart, or other such carriage, or upon the off side shaft thereof, before the same shall be used on any highway, his Christian name and surname, and the place of his trade or abode, or the Christian and surname and place of trade or abode of a partner or owner thereof, at full length in white upon black, or black upon white, not less than 1 in. in height, and continue the same thereupon so long as such waggon, cart, or other such carriage shall be used upon any highway. Every owner of any waggon, cart, or other such carriage who shall use, or allow the same to be used, on any highway without the name and description painted thereon as aforesaid ;—Or who shall suffer the same to become illegible ;—Or who shall paint or cause to be painted any false or fictitious name, or place of trade or abode, on such waggon or cart, or other such carriage :— Fine, not excdg. $10 for every offence, ROADS. 603 A conviction of a servant of an estate, where the cart belonged to the estate, was quashed. (Naghten v. Lloyd, 1 R. C., 169.) In Grant v. Lang (28 Nov., 74) the charge was against a manager of an estate for allowing a cart to be used on the public highway, the cart not having the name of the estate painted thereon in plain letters, and remaining legible thereon (s. 44 of ord. 30, 66). The conviction was reversed by Snagg C. J., as it was not shown that the deft. was the owner of the cart, which he was not, the estate being the owner. (Cf. Naghten v. Lloyd, 1 R. C., 169.) Any person neglecting to keep the allotment of road and the bridges on the part of a canal for which the estate he owns or represents is liable in good order and repairs ;—Or removing, damaging, or destroying materials placed by any dist. insp. for the repair of any such road or bridge ;—Or causing any nuisance or obstruction to or on any such road, bridge, or canal ;—Or violating any provisions of this ord. for which no special penalty is provided, shall be guilty of an offence :— Fine, not less than $5, nor more than $24; but payment of fine is no bar to the right of any person damaged or injured by the neglect or misfeasance of such owner or representative to his remedy at law. Under this s. a summons alone is necessary, but a notice is advisable. (Ross v. Tucker, 1 R. C., 46.) Under this s. a deft. served with a notice was convicted. The defence was that rain prevented him at the time of the notice, and that at the time of the trial he was doing the work required ; but there being no evidence in support, the conviction was affirmed, (Colvin v. Leacock, 1B. C., 154.) In another appeal between the same parties for another estate, it not being proved or admitted that the deft, was the owner or in charge of the estate, the conviction was quashed. (Ib.) The Insp. of Roads is not bound by any agreement between a pro- prietor of the unsold portion of an estate and the proprietors of the lots sold, but must look to the proprietor of the unsold portion. (Jeffrey v. Winter, 1 R. C., 32.) This ord, does not require persons to open the drainage to the sea; they must keep the water off the roads, but may effect that by any manner of drainage they please. (Tucker v. Rose, 1 R. C., 36.) Ss. 32-9 form the more serious proceedings, and s. 45 the more mild, It is in the insp.’s option which to take. (Ross v. Tucker, 1 R. C., 45.) Notice to repair within 4 days held not vexatious or malicious. (Car- ruthers v. oo 2K. C., 154.) Within 15 days. (Williams », King, 2 RB. C., 172. A conviction was quashed for excess of jurisdiction, as the full time was not proved to have expired, and the nature of the repairs had not been pointed out in the notice. (Morgan v. Thorne, 2 R. C., 204.) Neglect by insp. under this s. does not relieve the owner or repre- sentative of the estate from his liability to a fine for not having the work done as required by notice, (Williams v. King,2 R. C., 173.)—King J. :— “ Because covering the road with hard substance at this time of the year would be injudicious, and that the notice given to perform that work was unnecessary, it is no excuse for deft. to neglect performing the other works required by the notice served upon him—viz., putting in order the bridges and handrails, painting the rails, the proper making up of the shipping bridge, and putting new cross-laths to all the bridges.” ORD 30, ’56 The “owner” must be charged. S 45 Neglect to maintain Toad, etc. Liability of purchaser of part of an estate. Drainage. Alternative course. What is vexa- tious notice, _ Neglect by insp. no excuse for owner. Impossibility of doing part is no excuse for doing none of the work re- quired by the notice, ORD 30, ’66 Service on part owner in- sufficient, S 46 Vexa- tious conduct of insp. S 47 Obstruc- tion in execution of duty. 5 48 Want of form, 8 49, 5 50. § 51 Descrip- tion of owner, etc., in notice. 604 MAGISTERIAL LAW. In Fauset v. Backer (27 May, ’76) a complaint was made by the dist. com. against the appellant for neglecting to comply with a notice to make up the roads on Bank Hall estate in the I. of Wakenaam. “ The notice, dated 14 Feb., ’76, and served personally on the appellant on the 16th of the same month, was addressed to G. F., and required him within 14 days from the date of service to make up the carriage roads required by law to be made up by the said pl. Appellant appeared to the charge and pleaded that he was the “wrong person summoned; he is part owner.” In the second reason it is stated that it was not proved that appellant was the owner or person in charge of Bank Hall. There was no necessity for proving that appellant was the owner of Bank Hall, because he admitted that he was part owner; but service on one of two or more part owners, as such, is not good service. The liability to repair is the liability of all of the proprietors, and all should be served. (Winter v. Jeffrey, 1 R. C., 32; Hone v. King, 2 R. C., 187.) W. was proved to have been in charge of the pl., and he ought to have been served with the notice to repair. On this last ground, J must reverse the Mag.’s decision ; but inasmuch as the Commissary was misled by the fact of the distillery licence not having been transferred, my decision will not carry costs.” (King J.) (See pp. 230-1, as to distillery licences.) Any dist. insp., or person acting under his authority, who shall, under pretence of performing any act under this ord., use any unnecessary violence or give any uncalled-for or vexatious annoy- ance, shall be guilty of an offence :— Fine, not excdg. $24. Any person who shall wilfully resist, obstruct, hinder or molest, or who shall incite, procure, or assist others to resist, obstruct, hinder, or molest any dist. insp. or other person acting under this ord., or any workman or labourer acting under such insp. or person, in the discharge of any duty or the performance of any act authorised or required to be done under this ord., shall be guilty of an offence :— Fine, not excdg. $24. No notice, account, or other document required under this ord. shall be held void by reason of any defect or want of form. No proof shall be required of any signature purporting to be that of a person duly authorised to sign such notice, account, or other document. This ord. not to affect ords. 20 and 24, ’56. Any Act authorised by this ord. to be done by the Gov. and C. of P. may, in non-session of the Court, be done by the Gov. alone. Wherever in any notice or proceeding under this ord., whether written or otherwise, it shall become necessary to mention or refer to the owner or representative or person in charge of any estate whatsoever, it shall be sufficient to designate him as the owner or representative or person in charge of such estate, without name or further description. ROADS. 605 Appropriation of 4 fines to prosecutor and 4 to Col., appor- tionable by Rec.-Gen. under ord. 5, 72 (p. 181). The Gov. and C. of P. may, by procl. in the O. G., divide the several parishes of the Col., or any of them, into road dis- he adding to or diminishing the number and altering the imits. The Gov. may appoint two or more persons as Board of Road Crs. for each such district, or for a number of districts; to hold office for 3 years, but liable to removal, and eligible for re- appointment. Insp.-Gen. of P. to be ex-officio a member of every such Board. A quorum to consist of 2 members; the Board may act notwdg. a vacancy; every Board by the name of the District Board of Road Crs., to be a body corporate with perpetual succession; no common seal; the senior member in the order of appointment to be Chairman of the Board and to preside (in his absence the next senior member presiding), and to have a casting vote. Every such Board (under the Gov.) subject to the Road Ord., ’56, to have the local superintendence of the public and company roads, canals, and bridges within its dist., and to supervise and direct the Com. acting within the district as Insp. of Roads and Bridges. Every such Board to meet at the time appointed by the Chair- man once in every month, or oftener if necessary, to receive and consider all applications, complaints, and other representations which may be made or referred to them touching the manner in which the public or company roads, canals, or bridges of their district may have been made or repaired, the defective state of the same from want of repair or otherwise, the existence of any nuisance or obstruction thereon, and all other things done or contemplated under the provisions of the Road Ord., ’56, and to give such directions with regard to the same as may be ex- pedient or necessary for the due carrying out of the objects of the said ord. The district Com. to attend all meetings, and to be governed by the direction of the Board in the discharge of his duties as Insp. of Roads for the dist. In any case of difference between Board and Com. the Com. may require the matter in question to be referred to the Gov- and C, of P. for decision, which decision shall be final. In Carruthers v. Joseph,. Snagg C. J. said :—“ There was evidence of written notice signed by the respondent, the Dist. Insp. of Roads, and served upon the appl., requiring him to do the repairs within 4 days. There was also evidence before the Mag., then uncontradicted, that the resp. was duly authorised by the Local Board of Roads to proceed, and the appl. could not be allowed on this application to raise the question that there was no Local Board in existence, The resp, was also autho- 40 ORD 30, ’53 ORD 12, ’66 $ 1 How road district esta- blished., § 2 District Boards of Road Commissioners. S$ 3 Powers of Board. $ 4 Jurisdic- tion. S 5 Meetings —duties. 8 6 Commis- saries. Difference with Byard. ORD 12, 66 S 7 How per- formance of work to be en- forced, S$ 8 Regula- tions, § 9 How pub- ien e REGULA- TIONS APRIL 27, '75 Power and duties of dist. Boards, 606 MAGISTERIAL LAW. rised under ord. 12, ’66, s. 7, of himself to require the appl. to perform the work and enforce its performance. It was the duty of the appl. to keep the road constantly in good repairs, and a notice requiring him to perform that neglected duty within 4 days ought not to be character- ised as vexatious or malicious, If the time was too short, an appeal might lie to the District Board and to the Gov. and C, of P,” Applica- tion for review refused, with costs, The Com. may require the matter in question to be referred to the Gov. and C. of P. for decision, which decision shall be final. Power for the Com. to require the owner or person in charge of any pl. within the dist. at any time to perform such work as he may consider necessary to be done to or in respect of the public or company road of such pl., and to enforce the due per- formance of such work under the Road Ord., ’56. Any such owner or person in charge may appeal from any such require- ment to the dist. Board, and from such dist. Board, in all cases in which the probable cost of the work required to be done shall exceed $100, to the Gov. and C. of P., whose decision shall be final, As to owner or person in charge, sce Fausett v, Backer, supra, p. 604. Power for the Gov. and C. of P. to frame regulations for the following purposes :— (1) For defining and regulating the powers and duties of the respective dist. Boards. (2) For defining and regulating the powers and duties of the respective dist. Commissaries in the discharge of their duties as dist. Inspectors. (3) For regulating the respective rights and liabilities of the parties interested in the case of company roads or paths, and company canals and bridges. (4) For the better management of the public and company roads, canals, and bridges. All such regulations to be published in the O. G. for general information, and when published to be binding upon and ob- served by all parties whom they may concern. Such regulations may be altered or repealed by the Gov. and C. of P., but every such alteration or repeal must be duly published as aforesaid. (1) There shall be a regular day of meeting of the dist. Boards of road Crs, (hereinafter called the Board) on the first Monday in every month, at the hour of noon, in some place within the dist. which shall be appointed by the Chairman, and shall be published by posting up a notice thereof at every Court House and p. s. in the dist. and at the office of the dist. Com. not less than 3 days before the day of meeting. (2) Whenever the place of meeting shall be changed, the like notice shall be given. (3) Whenever a Board shall adjourn, notice of the day to which the Board has adjourned shall be, when practicable, published in like manner. (4) Whenever the Chairman shall deem it necessary to call a special meeting of the Board, five days’ notice thereof shall be given to each member of the Board, and notice of the time and place appointed for the ROADS, 607 meeting shall be published in the same manner, not less than three days before such meeting, (5) If within one hour after the time appointed by these rules, or by any adjournment of the Board, or by summons of the Chairman to attend any special meeting, there be not two members present, the meeting shall be, and is hereby declared to be, adjourned sine die, and no further meet- ing shall be convened or held except in accordance with these rules. (6) Minutes of the Acts of the Board at each meeting shall be kept by the Chairman or some person appointed by him, and at the conclusion of each meeting, the Minutes shall be read over and, if necessary, amended, and when confirmed, shall be copied in a Book which shall be kept by the Chairman, and shall be open at all reasonable times to the inspection of Members of the Board. (7) Any owner or person in charge of any plantation within the district, or the Overseer of any village or other person charged to main- tain or repair any road, who is required by the dist. Com., under the provisions of the Road Ord., 56, or any amendment thereof, to repair such road, and is desirous of appealing from such requirement to the Board, shall hand to the Chairman of the Board a written appeal to the Board, stating the name of the road in respect of which such requirement is made, the nature of the requirement, the probable cost of fulfilling it, and the ground of his objection thereto, and also stating the sum or value of labour expended upon the road in question during the preceding 12 months. (8) Every person after lodging such appeal with the Chairman of the Board shall give notice thereof to the dist. Com., and no proceed- ings shall be taken to enforce any requirement appealed against until the decision of the Board shall be given ‘on the ‘appeal, or the appeal shall lapse in manner hereinafter provided. (9) The Chairman of every Board shall at such meeting of the Board bring before the Board every such appeal so sent to him; but no appeal shall be entertained at any meeting of the Board of which notice shall not have been given to the Com. 48 hours before the hour of meeting. (10) Upon every such appeal the dist. Board shall, if so requested to do, hear the Com. in support of the order or requirement made by him, and may also hear such other evidence as they deem fit, and the Board shall have power to confirm or annul such order or requirement appealed against, or to confirm it with such alterations as they may deem proper. (11) It shall be the ditty of every dist. Board to hear and decide such appeals with all reasonable despatch; and as serious injury may happen to the road by an undue delay in determining such appeals, it is hereby ordered, that every appeal which shall not be decided upon within 40 days after such appeal being presented to the dist. Board, shall be deemed to have lapsed. ; (12) When an appeal shall have lapsed the order or requirement of the Com, may be enforced as if no appeal had been presented. (18) No second appeal to the dist. Board shall be allowed in respect to the same order or requirement, (14) Any person who shall desire to appeal from the decision of the dist. Board to the Gov. and C. of P. in cases where the probable cost of the work exceeds $100, must give notice thereof to the Com. within 2 days after the decision of the Board was given, and must transmit his appeal to the Gov. Sec. within 14 days after the date of such decision. (15) The Board may give such directions as they may think proper for more effectually carrying into effect the provisions of the Road Ord., °66, either in time or mode of making repairs to the roads, or in any other matter: Provided that such directions do not effect or alter in any way ORD 12, '68 ——— ORD 12, '66 ——ee Powers and duties of Com. missaries, Action sug- ended, Reports, $ 10 Breach of regulations, Continuing breach, 608 MAGISTERIAL LAW. the provisions of the Road Ord., 66, as amended and altered by ord, 12, ’66. All such directions to be recorded in thc Minutes. (16) No member of any Board shall vote upon any question in which he has pecuniary interest. (17) Every dist. Com. is required by ord. 12, ’66 to attend all meetings of the Board within his dist., and he is further directed by such ord. to execute his duties as Insp. of Roads and Bridges under the directions of the Board, and in any case of difference between the Board and Com., such Com. shall be entitled to require that the matter in question shall be referred to the Gov. and Court, It is, therefore, ordered that in any such case the Com. shall state in writing the matter or question wherein he differs from the Board, and the ground of such his difference, and shall transmit such statement to the Chairman of the Board within one week after the difference shall have arisen, and the Chairman of the Board shall transmit the same to the Gov. Sec. for the consideration of the Gov. and C. of P. within 14 days, with such remarks thereon as he or the Board may desire to make. (18) Pending such reference, no action to be taken other than re- quired to keep any road or bridge open and safe. (19) Com. to report every January on all public and company roads, canals, and bridges within his dist. to the Board, who within one month shall forward same to Gov, Sec, Form of report as prescribed by the Gov. (Rule 20), Road Districts (Proclamation), Parish. Road District, Holy Trinity 7 . 7 ‘. » N, Essequebo Coast, St. John. , . . . . §. Essequebo Coast, St.James . ‘i a ‘ ‘ . Wakenaam, ' St. Peter . ‘ Leguan, St, Luke and St. Swithen (from La Jalousie to N. Flandres inclusive) . . : . W. Coast, Demerary. St. Mark and St. Swithen (from N, Flandres to La | W. Bank, Demerary Grange inclusive) fs . . 7 River. SiWinitiiers 6. =» «© ¢ «pir Pally Daneey St. Paul (W. boundary to Friendship, inclusive) . E. Coast, Demerary. St, Paul (Friendship to E. boundary) and St. Mary (W. boundary to Mahaica Creek, left > Mahaica, bank) . ‘ . 5 , St. Mary (Mahaica Creek to E. boundary) and St. Michael (Abary Creek to Lot 43, or Rising } Abary. Sun) . ‘ . - ‘ a St, Michael (Lot 43 to E, boundary) and St, Ca- se therine (W. boundary sitece, 8. boundary) { V+ Coast, Berbice. St. Clement, and All Saints (8. boundary to Provi- ; ‘ dence, N. boundary) . ee . Berbice Biver: All Saints (N.E. boundary to Providence, N. boundary), St. Patrick and St, Saviour (W. } New Amsterdam, boundary a Port Mourant, E. boundary) . St. Savi . boundary to Port M t, E. Sa naman Me Rees rms A ait Every person committing a breach of any of such regulations ;— Fine, not excdg. $48, and not less than $5. In case of a continuing offence, further fine not excdg. $10 for each day after notice of the breach from the dist, Com, ROADS. 609 The production of a printed copy of the O. G. containing such Regulations to be sufficient evidence of such Regulations in all prosecutions and proceedings under the same. No summary conviction for any penalty under this ord. shall be quashed for want of form. No warrant of commitment shall be held void by reagon of any defect therein, provided it be therein alleged that the party has been convicted and has failed to pay the penalty imposed, and provided there be a good and valid conviction to sustain the same. es a Road Ord., '76"—to be construed as one with ord. 30, ’56. Definition of ‘* hard substance ’—p. 595. The proprietor of every estate and the Council of each village through which there is a public road shall, before 31 March and 80 Sept. in each year, provide, and shall on each of such days have stored at some convenient place or places on the side of such road in such a manner as not to interrupt the traffic, a quantity of hard substance (see definition, p. 595) cal- culated according to the length of the said road—for each rood in length of any public carriage road one-half of one cubic yard, and for each rood in length of any bridle-road one- eighth of one cubic yard. If the full quantity of hard substance hereinbefore required is not provided and stored on the side of the public road of such estate or village on 31 March and 80 Sept. in each year, the Com. shall during the following month provide and store at some convenient place or places at the side of the public road of such estate or village the required quantity ; and the cost of so doing shall be recovered against the said estate or village lands, in the same manner as any other money lawfully ex- pended by a Com. on the repair of any public road may be recovered ; and this work shall not require the previous sanction of the Gov. and C. of P. or of the Central Board of Vs., unless the cost of procuring such hard substance shall be estimated by the Com. to-exceed $1 for each rood in length of such road. Wherever, in the Road Ord., ’56, it is required that a notice shall be given to or served on the owner or person in charge of an estate, it shall not be necessary to serve such notice per- sonally, but every such notice may be given to or served on guch owner or person in charge by affixing the same to the principal building or to any one of the principal buildings upon such estate, or, if there be no building, then to some tree or other conspicuous object upon such estate, and every notice so served shall have the same effect as if such notice had been served personally on each such owner and on the person in charge. A certificate of the fact and time of service of any ORD 12, '66 Evidence. § 12 Review. ORD 11, '76 8 1 Short title, 8§ 2. 8 3 Stores of hard substance. 8 4 If proper quantity not so placed, Commis- sary must act. 8 5 Service of notices, Evidence, ORD 11, '76 § 6 Commis- sary May use the hard sub- stance stored at side of road for its repair. S$ 7 Hard sub- stance stored at side of road only to be used for repair of road. § 8 Earth not to be burnt within 8 feet of centre of road, $ 9 Persons conveying articles along a public road in an improper manner, § 12 Com- mencement of ord, 610 MAGISTERIAL LAW. notice requiring any person or Village Council to repair or re- new any public road or bridge, signed by the person serving the notice and sworn to before any J. P., shall, without proof of the signature of such person or of such J. P., be received in all Courts as primd facie evidence of the fact and time of such service as stated in such certificate. If the public road on any estate or village should at any time require to be repaired, the Com. may take any hard sub- stance that shall be so stored and use the same for the repair of such road, and the cost of so doing shall be recovered by parate execution against the said estate or village lands. No person shall use any of the hard substance that shall have been stored for the repair of the public road for any other purpose. very person acting in contravention of this s. shall be guilty of an offence :— Summary fine, not excdg. $48. No person shall burn any earth within eight feet of the centre of the public road; and every person who shall order or permit any earth to be burnt within such distance from the public road, and the person in charge of every estate on which any earth shail be burnt within such distance from a public road, shall be guilty of an offence :— Fine as in s. 7. Every person who carries in any vehicle having only two wheels (or who being the owner of any such vehicle suffers to be carried in such vehicle) along any street or public or carriage road, any article or thing which shall project beyond the head of the animal drawing the same, or, if there shall be more than one animal, beyond the head of the animal nearest to the vehicle or which shall project more than four feet beyond the hinder part of such vehicle ;— And every person who carries in any vehicle (or who being the owner of any vehicle suffers to be carried in such vehicle) any article or thing which shall project more than thirty inches beyond the plane of the wheels of such vehicle ;— And every person who shall haul, or draw (or cause to be hauled or drawn) upon any public street or road any timber, stone, or other thing otherwise than upon wheeled carriages ;— Or who shall suffer any timber, stone, or other thing which shall be carried principally or in part upon wheeled carriages to drag or trail upon such street or road :— Summary fine, not excdg. $24. Ss. 10 and 11 are inserted at pp. 595-7. This ord. shall come into operation and take effect on the publication thereof, SANITARY—GEORGETOWN 611 SANITARY. Georgetown. (Ord. 25, ’60, Part V., Ss. 115-127.) The Mayor and Town Council shall cause all the streets, dams, and thoroughfares of G., together with the foot pave- ments, from time to time to be properly swept and cleansed, and all dust and filth of every sort found thereon to be collected and removed, and the occupiers of any houses or tenements in G. shall be bound to deposit any dust or rubbish required to be removed therefrom at such place upon the street, dam, or thoroughfare, and at such time as the M. and T. C. shall from time to time direct :— Fine, on occupier neglecting or refusing, not excdg. $24, and the dust and rubbish to be forthwith collected and removed. All privies and cesspools within the city shall be constructed and kept in such manner as the M. and T. C. shall direct, and it shall not be lawful to place any privy over any of the drains or trenches of G. Fine, not excdg. $50. Power for the Mayor and T. C, to remove or destroy any privy placed or commenced to be placed over any such drain or trench, and to recover the cost by summary execution. : The dust, etc., collected to be the property of the Mayor and T.C, Places for deposit of dust, etc. The M. and T. C. shall appoint and employ a sufficient number of scavengers, or contract with any co. or other person to employ scavengers for sweeping, cleansing, and watering the streets of G., and for removing all dust, rubbish, and filth therefrom, and from the houses and tenements therein, and for emptying privies and cesspools, in the manner by this ord. directed ; and such scavengers shall, on such days and at such hours, and in such manner as the M. and T. C. from time to time appoint, sufficiently execute all such works and duties as they have respectively contracted or been employed to perform :— Fine, on contractor failing to fulfil contract, not excdg. $24,.on the complaint of any person. The M. and T. C. may, from time to time, fix the ‘hours within which only it shall be lawful to remove offensive matter within the limits of G., and on public notice thereof every person who, within the said limits, removes along any street or ORD 25, '60 § 1165 Streets to be cleansed and privies to be emptied. § 116 Privies not to be placed over any of the drains or trenches, 8117. 8118. § 19 Sca- vengers. § 120 Con- veying offensive matter im- properly, ORD 25, ’60 § 121 Stag- nant water and other annoy- ances, What a suffi- cient defence. § 122 How houses purified. 612 MAGISTERIAL LAW. thoroughfare within the said limits any offensive matter at any time except within the hours so fixed;—And also every person who, at any time (whether such hours have been fixed or not), uses for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof ;—Or who wilfully stops or spills any such offensive matter in the removal thereof, and who does not carefully sweep and clean every place in which any such offensive matter has been placed, or unavoidably slopped or spilled :— Fine, not excdg. $24; in default of apprehension of actual offender, the driver or person having the care of the cart or carriage to be deemed the offender. No person shall suffer any waste or stagnant water or refuse matter to remain in any yard or garden, or under any house belonging to or occupied by him within the limits of G., so as to be a nuisance. Every person who so suffers any such water to remain for 48 hours after receiving notice from the M. and T. C. to remove the same;—And every person who allows the contents of any privy or cesspool to overflow or soak there- from, to the annoyance of the occupiers of any adjoining property, or of any of the inhabitants of G. :— Fine, not excdg. $24, besides $2 per diem during continuance. Power for the M. and T. C. to abate any such nuisance, and for that pur- pose to enter, by their officers and workmen, into and upon any building or land within the said limits at all reasonable times, and do all necessary acts for any of the purposes aforesaid—the expenses incurred thereby to be paid by the offender or occupier (if any); or if none, by the proprietor, and to be recoverable by distress warrant of the Police Mag. - It shall be a sufficient defence if the deft. shall prove that such nuisance was caused by the defective state of the public drainage of the city. If at any time the H. 0. of G., or any two licensed med. practs. residing in G., certify under his or their hands to the M. and T. C. that any house, or part of any house or building, within the limits of G., is in such a filthy or unwholesome con- dition that the health of the inmates or of the neighbours is thereby affected or endangered, or that the whitewashing, cleansing, or purifying of any house or building, or any part thereof, would tend to prevent or check infectious or contagious disease therein, or that any drain, privy, or cesspool is in such a defective state that the health of the neighbours is thereby affected or endangered, the M. and T. C. shall direct complaint to be made by the T. Sup. before the P. Mag., and such Mag. may summon before him the occupier or proprietor of such house or part thereof, as the case may be, and shall enquire into SANITARY—GEORGETOWN. 613 such complaint, and he may, by an order in writing under his hand, order the occupier of such house, or part thereof, to whitewash, cleanse, and purify the same, and the proprietor of such drain, privy, or cesspool, to amend the condition thereof, in such manner and within such time as he may deem reason- able :— Fine in default, not excdg. $2 per diem of neglect; the Mayor and T. C, to have the work done, and recover the expense from the occupier or proprietor by distress. If any manufactory, building, or place of business, within the limits of G., be at any time certified to the M. and T. C. by the H. O., or by any two licensed med. practs. residing in G. to be a nuisance, or injurious to the health of the inhabitants, the M. and T. C. shall direct complaint to be made by the T. Sup. before the P. Mag.; and such Mag. may summon before him the person by or on whose behalf the work is carried on, and such Mag. shall enquire into such complaint, and he may, by an order in writing under his hand, order such person to discontinue or remedy the nuisance within such time as to him shall appear expedient: Provided always, that if it appear to such Mag, that in carrying on any business complained of, the best means then known to be available for mitigating the nuisance, or the injurious effects of such business, have not been adopted, he may suspend his final determination upon condition that the person so complained against shall undertake to adopt within a reasonable time such means as the said Mag. shall judge to be practicable, and order to be carried into effect, for mitigating or preventing the injurious effects of such business. If any such nuisance, or the cause of any such injurious effects as aforesaid, be not discontinued or remedied within such time as shall be ordered :— Fine, on the person by or on whose behalf the business is carried on, not excdg. $24 per diem while nuisance continued or unremedied after the time fixed by the order. When any person who thinks himself aggrieved by any such order shall, in due form of law, apply for a review of such order, such person shall not be liable to discontinue or remedy the nuisance or cause of the injurious effects mentioned therein, or ‘to pay any penalty until after the expiration of two days after the determination of such review and the confirmation of such order, unless such application for review cease to be prosecuted. Nothing in this part of the ord. shall be construed to render lawful any act or omission on the part of any person which is or but for this ord. would be deemed to be a nuisance of a public nature, nor to exempt any person guilty of committing or caus- ing any nuisance of a public nature from prosecution in respect ORD 26, ’60 Order. § 123 How nuisances abated, Order. Undertaking to remedy, etc. § 124 Dis- obedience of Mag.’s order. In case of appeal. $ 125 Ord. not to affect general law, ORD 25, ’60 © § 126 Ob- struction of scavengers. 227 Mode of describing property of Council, Actions not to abate by change of officer, § 228 Persons acting in execu-~ tion of ord. not to be personally liable. § 229 Council and their officers protected. 8 230 Service -of notice on proprietors and occupiers, 614 MAGISTERIAL LAW. thereof, nor from the consequences upon being convicted thereof. Every person who refuses to permit any scavengers to remove any dust, rubbish, or filth, as by this part of the ord. they are authorised to do, or who obstructs the said scavengers in the performance of their duty under this part of the ord. :— Fine, not excdg. $50. Penalties under this part (V.) of this ord. may be recovered by and in the name of the T. Sup. or an Inspector of Nuisances, (Legal Procedure.) (Ord. 25, 60, Part XII, Ss. 227-240.) In proceedings by or on the part of the M. and T. C. against any person for stealing or wilfully injuring, or otherwise im- properly dealing with any property, works, or things belonging to them, or under their management or superintendence, it shall be sufficient to state generally that the property or thing in respect of which the proceeding is instituted is the property of the M. and T.C. All legal proceedings by, or on the part of, or against the M. and T. C., may be referred, instituted, and carried on in the name of the Town Clerk, and no proceed- ings whatever shall abate or be discontinued by the death, resignation, or removal of the T. Clerk, or by reason of any change or vacancy in the T. C. by death, resignation, or other- wise. No contract entered into by the M. and 1. C., nor any matter or thing done by them, or by any officer or person whomsoever acting under the direction of the M. and T. C., shall, if the matter or thing were done, or the contract were entered into bond fide for the purpose of executing this ord., subject them or any of them, personally, to any action, liability, claim, or demand whatsoever. Any expense incurred by the M. and T. C., in their corporate capacity, or any officer or person acting as last aforesaid, shall be borne and repaid out of the town funds. The M. and T. C., and each and every member. thereof, and each and every officer and servant thereof, and each and every person acting under the direction of the M. and T. C., shall, with respect to all matters and things done or intended to be done under this ord., be entitled to the benefit and protection of ord. 81, 50 (Introd., p. xvii.) Where under this ord. any notice is required to be given to the proprietor or occupier of any building or land, such notice addressed to the proprictor or occupier thereof, as the case may require, may be served on the occupier of such building or land, or left with some inmate of his abode, or if there be no occupier, SANITARY—GEORGETOWN. 615 may be put up on some conspicuous part of such building or land; and it shall not be necessary in any such notice to name the occupier or the proprietor of such building or land: Provided always, that when the proprietor of any such building or land and his residence within the Col. are known to the M. and T. C., it shall be their duty, if such owner be residing in G., to cause every notice required to be given to the proprietor to be served on such proprietor, or left with some inmate of his abode; and if such proprietor be resident in some part of the Col. other than G., it shall be sufficient for the M. and T. C. to send every such notice by the post, addressed to the residence of such owner. The Att.-Gen. or any registered voter under this ord. may apply to the Sup. Civil C. for a writ of mandamus or of interdict to compel the performance by the M. and T. OC. of any duty, act, matter, or thing to be by them asa corp. done and per- formed under this ord., or to restrain them from the perform- ance of any illegal or improper act; and the said Court shall have full power and authority to grant every such application, on just grounds being adduced for the same, whether there exists any other legal remedy or not; and every such writ when granted shall be proceeded with in manner and form directed by ord. 26, ’55. All fines, etc., excdg. $240 may be recoverable in the Sup. Civil Court ; do, excdg. $96 and not excdg. $240, in the Inferior Civil Court: do, not excdg. $96, in P. Mag.’s Court—under s, 233. Procedure (s. 234), under ords. 19, 56 and 6, 68, (8, 235) Fines, not otherwise appropriated, to go, one-third to complainant, and the residue to the town funds— apportionable under ord, 5, 72 (p. 181). In case of any demand or complaint under this ord. to which two or more proprietors or occupiers of premises may be jointly answerable, it shall be sufficient to proceed against any one or more of them without in any manner proceeding against the other or others of them; but nothing herein contained shall prevent the parties so proceeded against from recovering contribution in any case in which they would be entitled to contribution by law. Wherever in any proceeding under this ord., whether written or otherwise, it shall become necessary to mention or refer to the proprietor or occupier of any premises, it shall be sufficient to designate him as the owner or occupier of such premises, without name or further description. Every person authorised by law to make an affirmation instead of taking an oath shall make such affirmation in every case in which, by this ord., an oath is required to be taken; and if any person taking any oath required by this ord., or ORD 25, ’60 § 231 Writ of mandamus or interdict against Council, § 232 Re- covery of penalties. SS 233-5. § 238 Two or more co-d2fts, § 2389 Desig- nation of deft, $8 240 Perjury. ORD 25, '60 ORD 18, ’65 _S 1 Commis- sioners of Stamps, Power to adm. oaths, 5 2 Unstamped instruments, 83 How reme- died. 8 4 Papers too old to be stamped, etc. 616 MAGISTERIAL LAW making any affirmation instead of taking an oath, shall wilfully swear or affirm falsely, such person shall be deemed guilty of - perjury, and shall be punished accordingly. STAMP DUTIES. Ord. 18, °55. The Stamp Duties shall be under the care and rmnanagement of a Commission, to consist of the Gov. Sec., Rec.-Gen., and Financial Accountant, to be called Comrs. of Stamps, and be guided in such care and management by this ord., and by all such rules, orders, and regulations, in conformity therewith, as the Gov. and C. of P. may from time to time make, on pub- lication thereof in the O. G. Such Comrs. are, and each of them is, hereby authorised to administer all oaths and take all affidavits and declarations required to be administered and taken by this ord. No instrument whatsoever executed after the taking effect hereof, liable by any ord. to be stamped, shall be pleaded or given in evidence in any Court, unless the same be duly stamped. Whenever in any suit or action depending in any of the Courts in this Col. any instrument whatever shall be tendered, but which cannot be received in evidence by reason that such instrument is not duly stamped, the Court in which such suit or action shall be depending, if the instrument may lawfully be stamped, on payment to the Clerk of such Court of the proper stamp duty and of the penalty hereinafter enacted, and if such Court shall in its discretion see fit so to do, may allow the hearing or the further hearing of the said suit or action to stand over for a reasonable time, or otherwise may allow the trial of the said suit or action to proceed, and may suspend the judg- ment of the said Court therein for such time as to the said Court shall appear reasonable, in order that such instrument may be duly stamped. Where any paper or other material on which any matter or thing shall have been written or printed, shall be brought or sent to the Rec.-Gen. to be stamped, within two years after the same shall have been executed, the same not having been stamped with any stamp, or having been stamped with a stamp of less value than is by law required, and the person producing the same is desirous of having the same duly stamped, then and in every such case it shall be lawful for the said Rec.-Gen., on payment to him of the duty by law payable for such paper STAMP DUTIES, 617 or other material in respect of the instrument, matter, or thing, written or printed thereon, and a penalty of $10 for every page or folio of paper or other material, to cause the said instrument. to be duly stamped; and every instrument so stamped as last aforesaid shall have and be deemed of the like force and validity as if the paper or other material so stamped had been duly stamped before such instrument, matter, or thing had been written or printed thereon. In any case where it shall be fully and clearly made to appear 4o the Comrs. upon affidavit or affirmation, or otherwise to their satisfaction, that any instrument whatsoever required to be written or printed on stamped paper or other material, hath been written or printed on unstamped paper or other material, or on paper or other material not duly stamped with a stamp of the value required, but without any intention in any party or parties thereto to evade the Stamp Duties imposed by law, or to defraud the Col. thereof, and such instrument shall be brought or sent to the Rec.-Gen. to be stamped within twelve months after the making or execution thereof, such Comrs., with the previous sanction and under the authority of the Gov., may remit the penalty payable on stamping such instrument, or any part thereof as shall be deemed expedient. All instruments for or upon which any stamp or stamps shall have been used of an improper rate of duty, but of equal or greater value in the whole than the stamp or stamps which ought regularly to have been used thereon, shall nevertheless be deemed valid and effectual. No stamped paper or other material may be atlached or annexed to any instrument whatsoever liable to be stamped, so as to make up, either wholly or in part, the amount of duty required thereon, nor shall such amount of duty be by such means deemed or held to be made up, but every paper or other material forming or intended to form part of any instrument liable to be stamped as aforesaid, shall have written or printed thereupon the whole or some part or portion of such instru- ment. If any person shall fraudulently use, join, fix, or place, for, with, or upon any paper or other material, any stamp which shall have been cut, torn, or removed from any other paper or other material ;—Or if any person shall fraudulently erase, cut, scrape, discharge or get out of a form any stamped paper or other material, any name, sum, date, or other matter or thing, therein written, printed, or expressed, with intent to usc any stamp then impressed, or being upon such paper or other material, or that the same may be used for any instrument whatever in respect whereof any Stamp Duty is or shall or may be or become payable, then and in every such case every person ORD 18, '65 § 5 Remission of penalties, S 6 Over- stamped in- struments, S 7 Stamped paper not to be annexed to in- crease the duty. $8 Fraudulent use of stamps. ORD 18, ’55 $ 9 Spoiled stamps. $10 Registrar, etc., wilfully attesting, etc., document not duly stamped, Party exe- cuting same, Deficiency of duty, $ 11 Con- sideration money, 618 MAGISTERIAL LAW. so offending and every person knowingly and willingly aiding, abetting, or assisting any person in committing any such offence, and being thereof lawfully convicted :— Transp. (p. 102), for any term not less than 7 yrs., or impr., with or without h. 1,, not excdg. 4 yrs. All persons who shall have in their possession any stamped paper or other material written upon, and inadvertently and undesignedly spoiled, obliterated, or by any means rendered unfit for the purpose intended before the same is executed, and which shall not have been used for any instrument not fully written, or not signed by any party, may within two months after the date of such instrument, or after the writing or signing of the same if it bears no date, bring or send such stamped paper or other material to the Rec.-Gen., and if it shall appear to the Comrs. upon inspection of the document, that the stamp whereon the same has been wholly or partially written has been spoiled or rendered useless before the same was executed or signed, and if all such grounds of relief as are hereinbefore mentioned are likewise fully proved by affidavit to the satisfac- tion of such Comrs., then and in any such case the said Comrs. may receive back such spoiled stamps and may cancel the same and give other stamps of the like amount and description in lieu thereof. If any Reg., Sworn Clerk and Notary Public in this Col. shall knowingly and wilfully write or attest, or permit any person to execute, sign, or acknowledge before him as such Reg., etc., any instrument whatever, not duly stamped :— Fine, $500 ; in default, impr., with or without h, 1, not exedg. 1 yr. If any person shall knowingly and wilfully execute or sign any such notarial instrument :— Fine, $500. The gum which shall be wanting to make up the proper amount of Stamp Duty hereby chargeable on any such instrument, shall be recoverable to the use of the Col., from such Reg. or Sworn Clerk and Notary, and from the party executing, or either. In all cases of the transport of any property, where a duty is imposed on any instrument in proportion to the amount of the purchase or consideration money therein or thereupon expressed, the full purchase or consideration money which shall be directly or indirectly paid or secured, or agreed to be paid for the same, shall be truly expressed and set forth in words at length in or ‘upon the instrument whereby the property shall be conveyed, transferred, or secured; and if in any of the said cases the full purchase or consideration money shall not be truly expressed and set forth in the manner hereby directed ;— STAMP DUTIES. 619 Fine on the purchaser, and also on the seller, not excdg. $500, and payment of five times the amount of excess of duty which would have been payable for such instrument as aforesaid in respect of the full pur- chase or consideration money, in case the same had been truly expressed and set forth in or upon the same pursuant to the directions of this s., beyond the amount of the duty actually paid for the same, which quin- tuple duty shall be deemed and taken to bea debt to the Col. of the party or parties respectively hereby made liable to pay the same, and shall and may be sued for and recovered accordingly. Where the transport is not passed in consideration of a specific sum of money paid, or agreéd to be paid, but is in the nature of a donation or trust, or exchange of one property for another, the parties passing or receiving transport shall each make oath before the Judge before whom the transport is passed, of the value at which he estimates the property, and the Stamp Duty shall be according to the amount of such estimated value ; but if there be any disagreement between the parties as to such value, the Stamp Duty shall be taken at the highest valuation. If any Reg., Sworn Clerk and Notary Public, Barrister, Advocate, or Att.-at-Law, or other persons employed in or about the preparing of any instrument in or upon which the full purchase or consideration money is hereby required to be truly expressed and set forth as aforesaid, or employed for any of the parties thereto in anywise about or relating to the transaction therein mentioned, shall knowingly and wilfully insert or set forth, or cause to be inserted or set forth, in or upon any such instrument any other than the full and true purchase or con- sideration money directly or indirectly paid or secured, or agreed to be paid for the same, or shall in anywise aid or assist in the doing thereof respectively :— Fine on every such Reg,, etc., or other person so offending, for every such offence, $500. No person shall be liable to any penalty, disability, or for- feiture, imposed by ss. 11 and 13, unless the duty actually paid shall be less than would have been payable for the same, in case the full purchase or consideration money had been truly expressed. When the Stamp Duty has to be made applicable to any deed or wvriting, wherein the amount to which the duty is to be applicable shall be expressed in any other currency than the currency of dollars and cents, the Stamp Duty shall be the same as if such amount had been expressed in dollars and cents at the fixed par of exchange, or where such par is not fixed nor known, then at such sum as shall by the Comrs. be calculated to be applicable. Where any person shall knowingly and wilfully in any case not hereinbefore provided for, and with intent to defraud the ORD 18, ’55 $ 12 Value of property, how tv be asvertained, Where no conson, $13 Where purchase money not expressed, § 14 Excep- tions from ss, 11, 13, $ 15 Currency other than. dollars and cents, S$ 16 Cases of fraud not pro- vided for. ORD 18,’ 55 ——— $ 17 Licences for the sale of stamps. Bond. Partners, Revocation of licence, § 18 Particu- lars required in licences, $ 19 Licence for sale of stamps. § 20 Persons preparing in- struments, § 21 Five per cent. discount to retailers. 620 MAGISTERIAL LAW. Col., make any instrument or writing liable to Stamp Duty, without the paper or material on which it is written being duly stamped according to this ord. :— Fine for the benefit of the Col., $100; and the instrument or writing shall be subject to all the disabilities applying to it under this ord, The Comrs. shall, with the sanction of the Gov., grant licences free of expense to all persons applying for the same, whom they in their discretion shall think fit and proper for the purpose, to vend and deal in stamps, at any place or places in this Col. to be named in such licence. Every person to whom any such licence shall be granted, shall enter into a bond to H. M., etc., in a penal sum of $500, conditioned that such licensed person shall not sell or offer for sale, or exchange, or keep, or have in his possession for the purpose of sale or exchange, any stamp or stamps other than such as he shall have purchased or procured from the Comrs. One licence and one bond only shall be required for any number of persons in co-partnership. The said Comrs., whenever they shall think fit, may by notice in writing, signed by them, revoke such licence as aforesaid. In every such licence to vend or deal in stamps there shall be truly specified the proper name and place of abode of the person to whom the same shall be granted, and a true descrip- tion of the house or shop, or houses and shops in or at which he shall be authorised to vend or deal in stamps; and such person shall not be thereby authorised or entitled to vend or deal in stamps in or at any other house, shop, or place, than such as shall be so specified and described in such licence. No person other than such Comrs., or any public officer by them thereto authorised, shall vend or deal in stamps in any part of this Col., without having duly obtained from the Comrs. a licence for that purpose, and if any person other than such Comrs. or public officer shall sell, or offer for sale, any paper or other material stamped with any stamp denoting, or purporting to denote any Stamp Duty, or shall exchange any such stamped paper or other material for any other stamped paper or other material, or for any other article or thing, without having duly obtained such licence as aforesaid :— Fine, $24, Any person employed to prepare or write any instrument liable to Stamp Duty, may charge his employer with the amount of the stamp or stamps impressed on the paper or other material upon which such instrument shall be written, without having obtained any such licence as aforesaid to vend or deal in stamps, anything hereinbefore contained to the contrary notwdg. A discount rate of 5 p. c. on the prompt payment of any sum STAMP DUTIES. 621 amounting to $50 or upwards by any person licensed to vend or deal in stamps on the purchase by him of any stamped paper or other material from the Comrs. shall be allowed to such licensed dealer. Every person who shall be licensed under the authority of this ord. to deal in stamps shall cause to be painted, in capital letters one inch at least in height and of a proper and propor- tionate breadth, on some conspicuous place on the outside of the front of the house or shop in or at which he shall be licensed to deal in stamps, and so that the same shall be at all times plainly and distinctly visible and legible, the proper name of such licensed person at full length, together with the words “ licensed to sell stamps,” and such person shall continue such names and words so painted as aforesaid during all the time that he shall continue licensed as aforesaid; and if any person licensed as aforesaid shall neglect or omit to cause such names and words so to be painted as aforesaid, or shall neglect or omit to continue the same so painted according to the directions of this ord. :— Fine, $50, In the case of several persons licensed as aforesaid in co- partnership, it shall be sufficient if the name of one only of such persons or of the firm be painted in manner aforesaid. If any person shall write, paint, or mark, or shall cause or procure to be written, painted, or marked, or shall permit or ORD 18, '55 S$ 22 Names, etc., of dealera to be painted on premises. Partners. § 23 False description as a dealer in suffer to continue written, painted, or marked upon any part of *™Ps. his house, shop, or premises, either in the inside or on the out- side thereof, or upon any board or any material whatever ex- posed to public view, and whether the same shall not be so affixed to such house, shop, or premises, any word or words which shall import or signify, or be intended to import or signify, that such person is a vendor of or dealer in stamps, such person not being licensed to deal in stamps :— Fine, $24 for every day such offence shall be committed or continued. If any person licensed to vend or deal in stamps shall die, or become bankrupt or insolvent, or if the licence to any person to vend or deal in stamps shall expire or be revoked and any such person at the time of his death, bankruptcy, or insolvency, or at the expiration or revocation of any such licence as afore- said, shall have in his possession any quantity of stamped paper or other materials, such person, his exor., admor., legal represve., or assnee., within 3 cal. months after the expiration, or revoca- tion of such licence, or next after the death, bankruptcy, or insolvency, as the case may be, may bring or send such stamped paper or other material to the Receiver-General, who. shall receive the same, and pay the person bringing or sending the 41 § 24 Death, etc., of a dealer in stamps, 622 MAGISTERIAL LAW. ORD 18, ’55 same the amount of the Stamp Duty thereon, deducting there- from such p.c. as is allowed by this ord. in the purchase of stamps of the like description from the said Comrs., and also to pay the amount of the value of such paper or other material according to the rates at which paper or other material of the like quality and description shall be sold: by the said Comrs.: Provided that the persons who shall bring or send such stamped paper or other material to the Rec.-Gen. shall make proof to the satisfaction of the Comrs., that such paper or other material was actually in the possession of the person so dying or become bankrupt or insolvent, or having had such licence which had so expired, or had been so revoked, for the purpose of sale, at the time when such person so died, or became bank- rupt or insolvent, or when the said licence expired, or was revoked; and shall also make proof in like manner, that such stamped paper or other material, or the stamps impressed thereon, was or were purchased or procured from the Comrs. by the person to whom such licence shall have been granted. Bab pevieh Upon information given to the Comrs. upon the oath of any forged stamps, credible person that there is reasonable cause to suspect that any person hath in his possession any forged or counterfeit stamp or stamps, the said Comrs. by warrant under their hand may authorise any officer or officers employed in the Stamp Office, and such officer or officers is and are hereby fully autho- rised accordingly, with the assistance, if required, of any con- stable or other peace officer, to enter at any hour of the day or night the dwelling-house, room, shop, warehouse, outhouse or building of or belonging to any such person, and if on demand of admittance and notice of such warrant, the door of any such dwelling-house, etc., or any inner door thereof, shall not be opened, then to break open the same respectively, and to search for and to seize and take into his and their possession all such stamped paper or other material as shall be in any place as aforesaid or elsewhere, in the custody or possession of such Police to assist. person ;—And all constables and other peace officers are hereby required, upon the request of any person or persons acting under such warrant, to aid and assist him or them in the execu- Refusal. tion thereof ;—And if any constable or other peace officer shall upon any such request as aforesaid refuse or neglect to. be aiding and assisting in the execution of any such warrant as aforesaid, every such constable or peace officer so offending :— Impr. , with h. ]., not excdg. 2 cal, months. 8 26 Forging If any person shall forge or counterfeit, or cause or procure aay, ete, to be forged or counterfeited, any plate, stamp, or die, which shall have been provided, made, or used in pursuance of this ord., or any ord. hereafter in force, for expressing and denoting STAMP DUTIES, 623 the amount of duty chargeable under the provisions of any ord. now or hereafter in force ;—fel. :— Transportation (p. 102) for life, or not less than 7 years, or impr., with or without h, 1., not excdg. 3 years. If any person shall, without lawful excuse, (the proof whereof shall be on the party accused,) purchase or receive, or have in possession, any such plate, stamp, or die, as aforesaid, knowing the same or either of them to be forged or counterfeit ;—fel. :— Transportation (p. 102), not more than 14 or less than 7 years, or impr., with or without h. 1, not excdg. 3 years, If any person, whether he shall be licensed to vend or deal in stamps or not, shall hawk or carry about for sale or exchange any stamped paper or other material, or if any person shall utter for sale or exchange at any house, shop, or place, other than the house or shop in which he shall reside or bond fide carry on his trade or business, any such stamped paper, or other material :— Fine, $20 over and above any penalty for vending or dealing in stamps without licence. Any person without warrant may apprehend any person so hawking, carrying about, uttering or offering for sale or ex- change, such stamped paper or other material, and take him or cause him to be taken away before any J. P., having jurisdic- tion where the offence shall be committed, who shall hear and determine the matter :— In default of payment of fine at once, impr., not less than 1 m., or more than 3m. All stamped paper or other material which shall be found in possession of such offender shall be forfeited to H. M., and shall be taken possession of by such J. P., and be delivered over to the Rec,- Gen. to be disposed of in such manner as the said Comrs, shall think fit. If such offender shall not be apprehended and proceeded against in the manner hereinbefore directed, then the said penalty of $20 shall be recoverable by any other of the ways and means provided for the recovery of penalties in this ord. In any case in which by any law, usage, or custom which now is or hereafter may be in force in this Col., any person is entitled or required to demand, receive, or obtain from any public officer in the service of H. M., or of the Gov. of this Col., whomsoever, in virtue of his office, or any such public officer ig required or authorised to issue to any person any instrument whatever which by this ord. is required to bear a stamp, it shall be lawful for such public officer, and he is hereby required to refuse to issue or grant to, and to withhold from, such person, any such instrument, unless and until the proper amount of Stamp Duty payable thereon shall first have been paid by such ORD 18, ’55 8 27 Pur- chasing or possessing forged stamps, $ 28 Hawking, etc., stamps for sale, Apprehension without warrant. § 29 Docn- ments issued by public offi- cers not to be delivered until stamp duty paid, ORD 18, '55 8 80 Perjury} $31. 8 32. 5 33. 8 34, ORD 16, ’54 S$ 48 Lading ship. ORD 19, '39 §$ 1 Markets. Trains, Ferries. ORD 5, ’67 8 2 Persons opening storer, “ Ownership of shop.” Selling from a cart. 624 MAGISTERIAL LAW. person in respect of such instrument, or unless and until a paper stamped with the proper amount of duty shall have been sup- plied and delivered by him to such public officer ; anything in any law or ord. or any usage or custom in anywise to the contrary notwdg. If any person making an affidavit or declaration directed or required by this ord. shall knowingly and wilfully make a false oath or declaration of or concerning any of the matters therein Specified and set forth, and be thereof lawfully convicted, he shall be subject and liable to such pains and penalties to which by any law now or hereafter in force, persons convicted of wil- ful and corrupt perjury are subject and liable. All fines recovered to be paid to the Rec.-Gen.—apportionable under ord. 5, 72 (p. 181)—3 to informer, except where otherwise provided. Fines recoverable under ord, 19, ’56, or may be sued for in Sup. Civil or Inf. Civil C., at the instance of C. Rec,-Gen., as the case may be. Short title. Interpretation. SUNDAY. Ord. 16, ’54, No goods shall be laden on board any ship on Sundays, except by special permission of an officer of Colonial Customs :— Penalty on breach, forfeiture of goods—the seizure by any officer authorised to make seizures, Open markets on Sundays abolished. Except during hours of Divine Service, lawful to buy and sell on Sundays all perishable articles of food at any places where such articles are usually bought and sold on other days of the week. Cheap Sunday Trains Ord., 15, 46, s, 402. See ord. 11, °47, s, 3—“ FERRIES.”, Any person who, on Sunday, shall open any store, shop, house, room, shed, or booth, for the purpose of selling or barter- ing therein, or shall sell or barter, or shall expose or offer for sale or barter, or shall deliver any goods, merchandise, or com- modities whatever, shall be guilty of a breach of this ord. :— Penalty, not excdg. $50, or impr., with or without h. 1, not excdg. 2 months, This ord. extends to a sale of goods, though not in a shop, and evidence of ownership of the shop may be material in proof of ownership of goods, and immaterial as regards the offence charged. (Jardine ». Bolton, 2 R, C., 160.) Selling beef from a cart. (De Souza v. Griffin, 2 R, C., 200.) SUNDAY. 625 The fine must be levied by distress warrant, and impr. may be given in default of distress only. (De Freitas v, Cuckow, 2 R. C., 96; Gonsalves v Bolton, 2 R, C., 145.) Question whether after conviction for selling goods in one shop, a per- son can be convicted for selling goods in another shop of his on the same Sunday, raised, but not settled, (Cambra v. Straker, 2 R. C., 157.) Costs can be awarded over and above a fine of $50, under ord, 19, ’66, 8, 24, (Jardine v. Bolton, 2 R. C., 160.) A conviction on evidence of informer only, affirmed. (D’Abrio », Darrell, 2 RB. C., 164.) “This order subjects a person who shall ‘open’ his shop on Sunday to a penalty. It does not provide for closing the shop when persons are in it who entered before midnight. It may be that the shopkeeper would be liable to a penalty for selling unexcepted goods to such persons, but neither this nor any other ord. authorises a police officer in such case forcibly to eject persons from the shop, or of himself to shut up the shop ” (Snagg C. J. in De Silva v. Hill, 2 R. C., 161). Three persons entered a retail spirit shop on the Sunday in question ; one called for three glasses of rum, which were drunk on the premises and paid for, The ground of appeal was that there was no evidence by whom the rum was served, or to whom the money was paid. Conviction affirmed. (D’Oliveira v, Bolton, 2 R. C., 206.) The owner of any goods, merchandise, or commodities what- ever, in any store, shop, house, room, shed, or booth, open on Sunday, for the purpose of selling or bartering the same, and the owner of any goods, merchandise, or commodities whatever, sold or bartered, or exposed or offered for sale or barter, or delivered, on Sunday, shall be personally liable for any act in breach of this ord. committed by any member of his family, or by any person in his employ, in the same manner as if such act had been committed by himself; and any such member of the family, or any such person in the employ of any such owner, may be examined as a witness for or against such owner on any charge brought against such owner under this ord., and if so examined shall not himself thereafter be liable to any charge in respect of the act forming the ground of such charge against such owner. In Dandrade v. Lang a conviction of selling ram on a Sunday was quashed because the Mag. refused to grant an adjournment for the pro- duction of evidence by the defence. The case was referred back to the Mag. to take the deft.’s evidence, and give a new decision (17 Jan., ’74), In Romao v. Cressall an application was made for review on a charge against the applicant for violating ord. 5, 67. “The grounds of appeal are that the conviction is erroneous, inasmuch as it does not disclose that the appellant had committed any offence, but only that he was charged with and not that he was convicted of the offence imputed to him. The objection is purely technical and formal, and cannot be allowed to prevail, The meaning of the language used is, that the ap- pellant was convicted on the information of the Commissary’ of thé offence charged, and the conviction may be amended under s, 21 of ord, 5, ’68, and is ordered to be accordingly amended ” (Snagg C. J.), In Dos Santos v, Cressall an application was made for review of a charge that the applicant for review and another person, on Sunday, ORD 5, ’67 “ Distress,” Selling in two different shops. Coats, Informer. * Opening Shope? “ Closing shop.” Evidence of serving, S 3 Owner of goods sold by deputy. Indemnity to witness, ORD 5, 67 S 4 Exemp- tions. § 5 Com- plaint, S 6 Who may prosecute, ORD 1, ’37 Appropriation of penal. Mechanic or Jabourer, 626 MAGISTERIAL LAW. ete., at, etc., were the owners of certain goods, merchandise, and com- modities, to wit, rum, which was exposed for sale on that Sunday, con- trary to ord. 6,’67. “ The applicant for review alone appeared and was convicted on 24 Oct., 76, and adjudged to pay the sum of $48, 72 cents for costs, and if these sums were not paid on 31 Oct., he was adjudged to be imprisoned with h. 1. 60 days, unless sooner paid. The fine was not paid within the appointed time, nor until 3 Noy., when, as the applicant for review deposes, being alarmed that he would be arrested and sent to prison, he paid the penalty under fear and compulsion, and to save him- self from the disgrace of being taken to prison. On the same day 6 Nov.) the Mag. was served with notice of review, dated the previous ay. It was objected against the conviction that the Mag. had exceeded his jurisdiction in awarding impr. with h.1. without previous warrant of distress, On the part of the crown, it was contended by the Solicitor- General that the fine having been paid, the right of review was lost, but on this point the practice is entirely the other way, and convictions have ‘been frequently quashed after impr. ordered and endured. The practice of Courts of Appealin E, is to the same effect. The Sol.-Gen. also con- tended that the award of the penalty was valid, and that the conviction was only irregular in part, and could be amended under s, 21 of ord. 5, ’68._ The objection to the conviction is not on account of any defect in the information. It is an objection not only tothe form but to the sub- stance of the conviction. There was nothing in proof before the Mag. to authorise a conviction of this kind. It was not shown that the issuing of a distress warrant would be ruinous to the defendant’s family, or that the defendants had no goods whereon to levy the sums by distress. The conviction was not in accordance with ord, 19, ’56, as amended by ord, 15, 69, and must be quashed” (Snagg C. J., 2 Dec., ’76). Selling or delivering bread, fresh meat, fresh fish, fresh fruit, fresh vegetables, or ice, on Sunday before 9 a.m., or selling or delivering at any hour on Sunday, medicine or ice required for sick persons, or milk; keeping open on Sunday in G. or New-Am. an inn, tavern, or eating-house for the ordinary pur- poses of business, or selling for consumption therein on Sunday any provisions or refreshments which may lawfully be sold therein on any other day in the week, excepted. Onus of proof as to exemption lies on the deft. (Jardine v. Bolton, 2 RB, C., 160.) In any information or complaint, or in any conviction for any breach of this ord., it shall not be necessary to negative the provisoes contained ins. 4; and the onus of proving that his vase comes within one of such provisoes shall rest with the deft. (Jardine v. Bolton, supra.) Any person may prosecute for any breach of this ord., and every person prosecuting shall be entitled to one-half of any pecuniary penalty realized, and the other half-to be paid to Apportionable by Rec.-Gen, under ord. 5, °72 (p, 181), No person to hire, engage, or employ any mechanic, labourer, or other working person to perform any work or TADJAH. 627 labour in his, her, or their service between 12 p.m. Saturday and 12 p.m. Sunday. Fine, on every such person so hired or employed, not more than £5 ($24), and not less than 5s. ($1.20)—domestic work or labour on Sunday by any domestic or menial servant excepted, Any mechanic or tradesman publicly working in G. or New- Am. on the Sabbath day, whether upon his own account or for any other person or persons :— Fine, not more than £1 ($4.80), nor less than 5s, ($1.20), to be ree covered under s. 9. Nothing herein contained shall prevent the hiring and em- ployment of any labourer or other person upon the Sabbath day in any work of necessity—to prevent or correct or remedy the effects of any fire, flood, hurricane, or tempest, or other such like casualty; nor the employment of any labourer or other person in boats, punts, or other Col. craft of any descrip- tion; nor the employment of any person in tending cattle or other live stock; nor the employment of watchmen. Prosecutions must be commenced within 14 days after com- mittal of the offence. Offenders to be prosecuted before the Sheriffs (Intr., p. xiii), Fines apportionable under ord. 5, 72 (p. 181): in default of payment of fine, impr., with or without h, 1,, not excdg, 6 days, unless sooner paid. Sunday is not a working day for immigrants (see ‘ Imur- GRANTS ’’). Convicts and other prisoners under sentence of h. 1. not to work on Sundays. (See ** Prisons.”’) TADJAH. |: Ord. 16, 69. ‘Public highway” — any public road, street, place, or thoroughfare, or any dam separating two pls. Power for the Gov. from time to time to make regulations for the govt. of the festivals of East Indian ims. in this Col., and of the processions held by them in connexion therewith, and for defining the routes of such processions, and for prevent- ing obstructions of the public highway by reason of such pro- cessions, and for securing the due maintenance of the public peace and tranquillity during such festivals and processions. Such regulations as regards the said processions may be either general and apply to every pl. or publie highway of ORD 1, '37 Georgetown or New-Amstere dam, $ 3 Work of necessity. $ 10 Limita- tion, S 9 Jurisdic- tion, ORD 7, '73 § 91 Immi- grants, ORD 12, ’62 § 16 Prisons, ORD 16, '69 § 1 Interpre- tation, S 2 Regula- tions, § 3 Resulas tions may be either general or special. ORD 16, ’69 84 * $5 Disregard. ing regulation, GOVERN- MENT NO- TICE, No. 20; 19 JAN,, '71. 628 MAGISTERIAL LAW. the Col., or special and apply only to a particular pl. or high- way, to be specified in the reg. to which it relates; and the Gov. may from time to time alter or vary such regs. or any of them, or make new regs., as occasion shall require. Every such reg. to be published in the O. G., and thereupon be binding upon the parties interested. * Every im., or other person, who shall wilfully disregard any such reg. while in force, or shall wilfully disobey the same or fail to conform himself thereunto, shall be guilty of an offence : . Impr., with or without h. 1, not excdg. 6 months, or fine, not excdg. $96, at the instance (s. 6) of the Insp.-Gen. of Police or any district Insp., .p. officer or constable under ords. 19, ’56 and 8 and 5, ’68, Regulations to be observed during the celebration of the Tadjah Festival. The Indian ims. living on a pl. intending to celebrate the festival called ‘‘ Tadjah’’ must choose from amongst themselves a certain number of headmen, not excdg. 6 in number, whose duty it will be to regulate, control, and take charge of all pro- cessions, and to carry out such instructions as they may re- ceive either from the Mag. of the dist. in which the pl. is situated, or from the police, for the purpose of preventing breaches of the peace, or other disorderly conduct, during the celebration of the festival. The names of the men selected to act as headmen, and also -the day or days on which the festival is to be held, must be sent in to the Mag. of the Dist. by the headmen, not less than 15 days before the date fixed for the celebration, and the Mag., should he see no objection, will grant to the ims. a written authority for holding the festival, and will define the route the procession of the “‘Tadjah” must take, and the limits of the route, and will give sueh other instructions as he may deem needful for the preservation of good order. Should the ims. on one or more estates desire to unite in the celebration of the festival, such intention must be communi- cated to the Mag. in the manner before-mentioned in regard to a single estate, and the selection of the headmen must be made conjointly by the ims. in the estates so united. No Tadjah processions will be permitted to enter the pre- cincts of G. or New-Am. In case any Tadjah procession shall pass along any public road, it will be the duty of the headmen to regulate the march of the procession so that no obstruction be caused to the general public, and, in order to ensure this as far as may be possible, no such procession must be permitted to occupy more than half TAPACOOMA LAKE. 629 the width of the road, and must confine its march to the left half of the road. No procession will be permitted unnecessarily to linger on any public road, or to form itself in groups so as to obstruct the free passage of the public. During the march of any Tadjah procession along a public road, it will be the duty of the headmen in case of its meeting with, or overtaking, any carriage, waggon, cart, or other vehicle drawn by any horse or other animal, or any person riding on any horse or mule, or any animals being led or driven, to cause all noises to cease, whether arising from the beating of drums, the playing on musical instruments, the singing or shouting of the persons forming the procession, or from any other cause under the control of the headmen, during such time as any portion of the procession shall be within a distance of 50 yards from any such vehicle or animal as before-mentioned. Every headman and every im. taking part in any Tadjah procession, who shall wilfully disregard any of the above re- gulations; Or shall wilfully disobey any orders or instructions given by the Mag. of the dist., or by the police, in virtue of these regulations, shall be held guilty of an offence :— Punishment as in s. 5 of ord. 16, ’69, supra. TAPACOOMA LAKE. By s. 1 the Tapacooma Lake, and the various locks, sluices, and canals-connecting the said lake with the various pls. in communication therewith, and all the dams and banks of the said lake, etc., shall be under the management, etc. of two ‘‘Commissaries of the T. Lake,” to be appointed as therein provided, and (s. 5) to hold office for 2 years, and to be re- eligible. §. 8 limits the powers of the C.; s. 9 apportions the expense of maintaining the Lake, recoverable under s. 10. All legal proceedings that may be necessary for the proper preservation and maintenance of the said lake, locks, sluices, dams, or works connected therewith, or for the due exercise or carrying out of the powers, authorities, or duties granted or imposed on the said Commissaries, may be instituted and carried on by them, or either of them, in their or his official capacity. Power for the said C. to impose on all persons using the said lake, locks, sluices, canals, or dams, other than the proprietors of the pls. maintaining the said lake or works, their servants or agents, such tolls or fees as the Gov. and C. of P. may from ORD 16, ’69 ORD 3, '74 8S 1-10. $ 11 Legal proceedings, § 12 Tolls, ete, ORD 3, '74 Wilful tres- pass, 513. § 14 Breach of Commissary’s order. ORD 9, "75 83 84, 85. 87. $15 Compen- sation. 680 MAGISTERIAL LAW time to time sanction and approve of, and for the more effectual recovery of such tolls or fees, power for the said C., or either of them, or their servants or agents, to detain all crafts, timber, or other articles carried or conveyed over, along, upon, or in the said lake, etc., until such tolls or fees shall be paid. Every person not entitled to use the said lake, locks, sluices, or canals, attempting to go, or going over, along, in, or upon the same, or along or upon the dams or banks of the same without paying such tolls or fees, shall be deemed to be a wilful trespasser, and shall be liable to punishment accordingly. In every such case it shall be sufficient to state that the land was the land of the C. of the T. Lake, and to prove that the place in question was under their management or control. (See ‘‘ WitFuL TREspass.”’) The C. to determine the quantity of water to be drawn by each pl. in each day of 24 hours, and for that purpose the time during which the kokers, etc., shall remain open or shut on each day, but such quantity to be equal to each rood of each pl.’s fagade. The manager or person in charge of any pl. connected with the said lake on which the koker, sluice, or tunnel shall remain open beyond the time determined or allowed by the C., or, when they differ, by the Gov. and C. of P., shall be guilty of an offence :— Fine, $50 for every hour, or part of an hour, during which such koker, sluice, or tunnel shall so remain open after the expiration of the time so determined or allowed, on complaint of any person before 8. J. P.; procedure under ords. 19, ’56 and 5, ’68. THELEGRAPH. Central American Telegraph Company’s (Limited) Ord,, 75. Interpretation Clause. Recovery of damages not specially provided for, and of penalties, and the determination of any other matter referred to Justices, as far as possible, under Joint Stock Companies’ Ord., ’46 (No. 15). One St. J. P. can act where two Js. P. are required by ord. 15, 46. Procedure under ord. 19, ’56: and every con- viction or order in respect of a penalty, damages, or sum of money incurred under this ord. is subject to Review (ord. 5, '68), Power for the Co. to hold lands as under ord, 15, ’46. In the exercise of the powers hereby given, the Co. shall do as little damage as may be, and shall make full compensation to all bodies and persons interested for all damage sustained by TELEGRAPH. 631 them, by reason or in consequence of the exercise of such powers: the amount and application of such compensation to be determined under ord. 15, 46. By s. 21 streets and roads are to be opened only after notice and under superintendence. After the Co. has opened or broken up a street or public road :— (1) They shall, with all convenient speed, complete the work on account of which they opened or broke up the same, and fill in the ground, and make good the surface, and generally restore the street or public road to as good condition as that in which it was. before being opened or broken up, and carry away all rubbish occasioned thereby : (2) They shall in the meantime cause the place where the street or public road is opened or broken up to be fenced and watched, and to be properly lighted at night : (3) They shall pay all reasonable expenses of keeping the street or public road in good repair for 6 months after the same is restored, so far as such expenses may be increased by such opening or breaking up. If the Co. fails to comply in any respect with this s,, fine (without prejudice to the right of any person to enforce specific performance of the requirements of this ord., or to any other remedy against them) not excdg. $96, and further fine not excdg, $24 per diem in default after adjudication of fine. Fines payable to body having control of the street, etc, (semble—after being paid to Rec,-Gen. under ord. 5, '72, p» 181). Whenever the permanent surface or soil of any street or public road is broken up or opened by the Co., it shall be lawful for the body having the control of the street or road, in case they think it expedient so to do, to fill in the ground, and to make good the pavement, or surface, or soil so broken up or opened, and to carry away the rubbish occasioned thereby, instead of permitting such work to be done by the Co.; and the costs and expenses of filling in such ground, and of making good the pavement, etc., shall be repaid on demand to the body aforesaid by the Co., and in default thereof, may be recovered as a penalty is, or may be recoverable from the Co. The Co. shall not stop or impede traflic in any street or public road further than is necessary for the proper execution of their works. They shall not close against traffic more than one-third in width of any street or public road, or of any way opening into any street or public road, at one time; and in case two- thirds of such street or road are not wide enough to allow two carriages to pass each other, they shall not occupy with their works at one time more than 50 yards in length of the one- ORD 9, "75 S 22 Restora- tion of streets, etc., after being opened. S$ 23 Power for street autho- Tities to execute works, S 24 Obstruos tion of traffic, ete. 682 MAGISTERIAL LAW. ORD 9, ’75 third thereof, except with the special consent of the body having the control thereof. $ 26 Tele- Subject and without prejudice to the foregoing provisions, See am the Co. shall not place a telegraph above ground, or a post, within 10 yards of a dwelling-house, or place a telegraph above ground across an avenue or approach to a dwelling-house, except :— (1) They shall in each such case obtain the consent of the occupier (if any) of such dwelling-house, and if there is no occupier, then of the lessee entitled to possession, and, if there is none, then of the owner: (2) The consent of an occupier shall be effective only during the continuance of his occupation: (8) On the termination of the occupation of any occupier, the lessee or owner entitled to possession, if he did not consent to the placing of the telegraph or post, may give notice to the Co. that he requires it to be removed: (4) The Co. shall remove the same accordingly, within one month after receiving such notice: (5) If any question arises between a lessee or owner and the Co. as to such removal, or the time or mode thereof, the same shall be referred to the determination of a 8. J. P., who may give such directions as to such removal, and the time and mode thereof, as may seem reasonable, and may impose on the Co., for not carrying such directions into effect, a fine not excdg. $24 a day. § 44 Liabili- The Co. shall be answerable for all accidents, damages, and ties of Compauy> injuries happening through the act or default of the Co., or of any person in their employment, by reason or in consequence of any of the Co.’s works, and shall save harmless all bodies having the control of streets or public roads, collectively and individually, and their officers and servants, from all damages and costs in respect of such accidents and injuries. S 46 Place of The Co. is to give notice to the Reg. of Joint Stock Companies mervacey under ord. 15, ’64 of some office where notices, etc., may be served, and the delivery thereat of any notice, writ, summons, etc., shall be good service. $ 47 Mis- If any person in the employment of the Co. in this Col. Some wilfully or negligently omits or delays to transmit or deliver any message, or by any wilful or negligent act or omission pre- vents or delays the transmission or delivery of any message, or improperly divulges to any person the purport of any message :— Fine, not excdg. $96. This ord. is not to interfere with any General Act of Parl. TELEGRAPH. 633 or ord. respecting Telegraphs. The Co. shall be subject to the judicature of the Col. Priority is to be given to Govt. messages. Where it appears to the Gov. that any provision of this ord. has not been complied with on the part of the Co., and that it would be for the public advantage that compliance therewith should be enforced, the Att.-Gen. by direction of the Gov. may by such civil or criminal proceeding, as the case may require, enforce compliance with such provision, by the recovery of penalties or otherwise according to law; but not till after the expiration of 21 days’ notice to the Co. of his intention to take the same. This provision to be cumulative and without preju- dice to any other remedy or process by the Crown or any person or body. “The Gov. Telegraph Ord., 76.” Ord. to take effect on publication. “‘ Colonial Civil Engineer” =any other officer whom the Gov. may appoint to perform or execute any of the duties or powers assigned to the C. C. E., and any person employed by the C. C. E. or other officer so appointed by the Gov. “ Telegraph”? =a wire or wires, used for the purpose of telegraphic communication, with any casing, coating, tube, or pipe inclosing the same, and any apparatus connected therewith for the purpose of telegraphic communication. “Work ” = telegraphs and posts. “Post” =a post, pole, standard, stay, strut, or other above- ground contrivance for carrying, suspending, or supporting a T. “ Tree” = any tree, branch, wood, underwood, or other pro- duce of the soil. “‘ Street” means a public way situate within a city, town, or village, or between lands continuously built upon on either side, and repaired at the public expense, or at the expense of any municipal or village rate, including the footpaths of such way and any bridge forming part thereof. ‘‘ Public Road” =a public highway required to be maintained by virtue of the Road Ord., ’56, or of any proclamation published thereunder, and not being a street, including the footpaths of such public highway, and any bridge forming part thereof; and also any land by the side and forming part of such a public highway, but not including a railway or canal. “Railway” =any station, work, or building connected with a railway. / ‘Canal ”=navigation or navigable river, and any dock, basin, towing path, wharf, -work, or building connected with a canal. ‘‘Land”’=Jland not being a street or public road, and not being land by the side and forming part of a public road; and ORD 9, 75 — S$ 52 Process against the Con- pany, ORD 10, '76 §1, $2. $ 3 ‘Colonial Civil Engineer.” “Telegraph.” “Work.” “ Post.” “Tree.” “* Street,” “ Public road. - ‘ Railway.” * Canal,” “ Land,” : ORD 10, ’76 “ Body.” “ Person.” “S$, J.P.” “ Body having the control of any public road,” S 4 Provision as to notices and consents, GENERAL POWERS, $ 5 To con- struct and maintain Tele- graph, 8 6 To have gratuitous use of street, etc. GENERAL WORKS. & 7 General description of works which may be exe- euted, 634 MAGISTERIAL LAW. includes land laid out for and proposed by the owner to be converted into a street or public road. ‘“‘Body”=a body of Trustees or Commissioners, Municipal Corporation, Board, Vestry, Company, or Society, whether in- corporated or not; and any provision referring to a body applies to a person, as the case may require. “Person ”’=corporation aggregate or sole. “§. J.” =any of H. M.’s St. or Sp. Js. P. in and for this Colony, also the P. Mag. of G. ‘‘ Body having the control of any Public Road” = the Board of Road Commissioners of any District under ord. 12, ’66. (1) Every notice or consent shall be in writing or print, or partly in writing and partly in print :— (2) Any notice to or by the C. C. H., or a body having the control of a st. or public road or of the sewerage or drainage thereunder, may be given to or by the clerk, agent, sec., or other like officer (if any) of the C. C. E., or of such body, as the case may be :— (3) Any consent, where the same is required, may be given on such pecuniary or other terms or conditions (being in them- selves lawful) or subject to such stipulations as to the time or mode of execution of any work, or as to the removal or alteration in any event of any work, or as to any other thing connected with or relative to any work, as the person or body giving the consent thinks fit. For the purpose of enabling the C. C. EH, to establish and maintain Tel. communication between the different parts of this Col., the C. C. E. may, subject to the restrictions and provisions hereinafter contained, lay, construct, land, maintain, and work Ts. under, in, upon, over, along, or across any of the waters, shores, or lands of this Col., and upon, over, along, or across any building in this Col., and cut down, remove, and convert to his own use any tree growing or being in any part of any lands on either side of such T. and being within a dis- tance not excdg. 50 feet, provided that a plan of the intended works shall have been first submitted by him to and approved by the Gov. and C. of P. Subject to the restrictions and provisions of this ord., the C. C. E. shall be allowed the gratuitous user of the streets of G. and New-Am., and of the public roads, rivers, and waters of the Col., which may be required to be used by the C. C. E. for the purposes of the Govt. T. Subject to the restrictions and provisions of this ord., the C. C. E. may execute works as follows :— (1) He may place and maintain a T. under any st. or public road, and may alter or remove the same :— (2) He may place and maintain a T. over, along, or across TELEGRAPH. 635 any st. or public road, and may place and maintain posts in or under any st. or public road, and may alter or remove the same : . : (3) He may, for the purposes aforesaid, open or break up any st. or public road, and alter the position thereunder of any pipe (not being a main) for the supply of water or gas: (4) He may place and maintain a T. and posts, under, in, upon, over, along, or across any land or building, or any railway or canal, or any estuary or branch of the sea, or the shore or bed of any tidal water, and may alter or remove the same. Provided always that the C. C. E. shall not be deemed to acquire any right other than that of the user only in the soil of any st, or public road, under, in, upon, over, along, or across which he may place any work. (1) He shall cause as little detriment or inconvenience as circumstances admit to the body or person to or by whom any pipe for the supply of water or gas belongs or is used: (2) Before he alters the position of any such pipe he shall give to the body to whom the same belongs notice of his inten- tion to do so, specifying the time at which he will begin to do so, such notice to be given 24 hours at least before the com- mencement of the work for effecting such alteration : (3) He shall not execute such work except under the sup. of the body to whom such pipe belongs, unless such body refuses or neglects to give such sup. at the time specified in the notice for the commencement of the work, or discontinues the same during the work; and he shall execute such work to the reason- able satisfaction of such body. Every underground tube or pipe of the Govt. T. shall beso marked as to distinguish it from tubes or pipes of every other person or company. When the C. C. E. places a T. along, across, or over any st. or public road, he shall not place it so low as to stop, hinder, or interfere with the passage for any purpose whatsoever along the st. or public road. Where the C. C. E, proceeds to open or break up a st. or public road, the following provisions shall take effect :— (1) He shall give notice to the body or bodies having control of the st. or public road, specifying the time at which he will begin to do so, such notice to be given, in the case of an under- ground work, 10 days at least, and in the case of an above-ground work, 5 days at least before the commencement of the work ; except in case of emergency, in which case notice of the work proposed shall be given as soon as may be after the commence- ment thereof: (2) He shall not (save in case of emergency) open or break up any st. or public road, except under the sup. of the bodies ORD 10, '76 — $ 8 Restric- tions on C. C, E. in exercise of powers. € SS 9,10 Ditto as to Ts, under sts. and public roads, $ 11 Ditto as to opening of sts. and public roads, ORD 10, '76 $ 12 Streets, etc., to be re- stored, $ 13 Traffic not be impeded. 8 14 Restric- tions as to works affecting private property. 636 MAGISTERIAL LAW. to whom respectively notice is by the present s. required to be given, unless such bodies respectively refuse or neglect to give such sup. at the time specified in the notice for the commence- ment of the work, or discontinue the same during the work. After the C. C. EH. has opened or broken up a st. or public road, he shall be under the following further obligations : (1) He shall with all convenient speed complete the work on account of which he opened or broke up the same, and fill in the ground and make good the surface, and generally restore the st. or public road to as good a condition as that in which it was before being opened or broken up, and carry away all rub- bish occasioned thereby : (2) He shall in the meantime cause the place where the st. or public road is opened or broken up to be fenced and watched and to be properly lighted at night. The C. C. E. shall not stop or impede the traffic in any st. or public road further than is necessary for the proper execution of the works. He shall not close against traffic more than one- third in width of any st. or public road, or of any way opening ‘into any st. or public road, at one time; and, in case two-thirds: of such st. or road are not wide enough to allow two carriages to pass each other, he shall not occupy with his works at one time more than 50 yds. in length of the one-third thereof, ex- cept with the consent of the body having control thereof. The C. C. H. shall not place any work by the side of any land or building, so as to stop, hinder, or interfere with ingress or egress for any purpose to or from the same, and shall execute all works under, in, upon, over, along, or across any building or land, other than public sts. or roads, subject to the following provisions :— (1) 21 days at least before the C. C. E. proceeds to place a T., hé shall publish in the O. G. a notice describing the intended course of such T. (2) Where the C. C. E. places a T. directly over any dwell- ing-house, he shall not place it at a less height above the roof thereof than 6 feet, if the owner, lessee, or occupier thereof ob- jects to his placing it at a less height : (8) If at any time the owner, lessee, or occupier of any build- ing or land adjoining a building directly over which building or land the C. C. E. places a T., desires to raise the building to a greater height, or to extend it over such land, the C. C, H. shall increase the height or otherwise alter the position. of the T. so that the same may not interfere with the raising or extension of the building, within 14 days after receiving from the owner, ete., a notice of his intention to raise or extend the building ; or, in case of difference between the C. C. E. and the owner, etc., as to his intention, then within 14 days after receiving a TELEGRAPH. 637 certificate, signed by a St. J. P. certifying that he is satisfied of the intention of the owner, etc., to raise or extend the building. Before the C. C. E. proceeds to place a T. over, along, or across a st. (not being a st. in G. or New-Am.) or a public road, or to place posts in or upon a st. (not being such a st. as afore- said) or a public road, he shall publish a notice describing the course of the T, :— (1) By affixing such notice on some conspicuous places by the side of the part of the st. or road affected, at distances of not more than 1 mile apart: (2) By inserting such notice once, at least, in each of 2 successive weeks in the O. G. And he shall not so place any such T. or post until the expiration of 21 days from the last publication of such notice. : At any time during such 21 days, the owner, lessee, or occu- pier of any land or building adjoining to either side of such st. or road may give to the C. OC. H. notice of his objection to the intended works as prejudicially affecting such land or building. The C. C. E., 21 days at least before he proceeds to cut down or remove any tree growing or being on any part of any lands on either side of the T., shall give notice of his intention so to do to the owner, etc., of such land, and shall affix a copy of such notice in a conspicuous place near the said tree; and at any time during the said 21 days the owner, etc., may give notice to the C. C. E. of his objection to such tree being cut down or removed. Until any such objection is settled, or is determined in man- ner hereinafter provided, the C. C. E. shall not execute that part of the intended works to which the objection relates, or cut down or remove such tree. As soon as may be after the receipt of such notice of objec- ORD 10, °76 $ 15 Notices of intended Telegraph to be published, § 16 Owner © may object, $ 17 Coloniat Civil Engineer before cutting tree, etc., to give notice, $18 Work to be stayed until objection de- cided. $19 Objection to be reported to , of P, tion, the C. C. E. (unless the difference between him and the CofE person objecting is arranged) shall report the same in writing to the Gov. and C. of P. On considering any such report the Gov. and C. of P. :— May allow the objections wholly or in part; or (2) May authorise the C. C. HE. to proceed with the works, or to cut down or remove such tree, paying to the owner, ete., ob- jecting, a compensation (the amount thereof to be determined in case of difference by the Gov. and C. of P.) for any damage done to him; or (8) May authorise the C. C. E. so to proceed, subject to any such conditions as to the time or mode of execution of any work, or as to the removal or alteration in any event of any work, or 42 § 20 C. of P, may decide ob. jection, ORD 10, '76 § 21 Their determination to be final. S$ 22 May allow costs. $ 23 For building and other purposes, owner may re- quire removal of works, 8. J. P.’s cer- tificate. $ 24 Lights or signals, 638 MAGISTERIAL LAW. as to any other thing connected with or relative to any work, as the Gov. and C, of P. think fit; or (4) May authorise the C. C. E. to so proceed, subject to any such modification of any intended work as the Gov. and C. of P. prescribe ; but so that in that case such notice and opportunity of objecting and being heard as the Gov. and C. of P. direct shall be given to any owner, etc., whom such modification may affect. The determination of the Gov. and C. of P. on the matter of any such objection shall be final and conclusive. The Gov. and C. of P. may allow to any owner, lessee, or occupier so objecting such costs as seem just. Where at any time the C. C. E. has constructed any work under, in, upon, over, along, or across any land, or building, and any owner, lessee, or occupier of such land or building, or other person having any interest in such land or building, desires to build upon or enclose such land, or in any manner to improve or alter such land or building, or to use such land or building in some manner in which it was not actually used at the time of the construction of such work by the C. C. E., and with which the continuance of such work would interfere, then and in every such case the following provisions shall take effect :— (1) Such owner, etc., or other person interested, may give to such C. C. E. a notice specifying the nature of such intended building, enclosure, improvement, alteration, or other use of the land or building, including ingress or egress ‘thereto or therefrom, and requiring the C. C. E. to remove or alter the work so that the same may not interfere therewith: (2) Within 14 days after the receipt of such notice, or in case of difference between the C. C.K. and the person giving the same as to his intention, then within 14 days after the receipt of a cert., signed by a St. a P., certifying that he is satisfied of the intention of such person to make such building, enclosure, improvement, alteration, or other use of the land or building, and that the continuance of such work would interfere therewith, the granting of such certificate being deemed to be a matter re- ferred to the determination of the J. P. so certifying, the C. C. E. shall remove or alter the work so that the same shall not interfere with such intended building, enclosure, improvement, alteration, or other use of the land or building. Nothing herein shall empower any person to obtain the removal or alteration of any work contrary to the terms of any grant, or consent in writing made or given by him, or by any person through whom he takes his estate or interest. The C. C. E. may, in or about the construction, maintenance, or repair of any work, under, in, upon, over, along, or across any estuary or branch of the sea or the shore or bed of any tidal TRADE MARKS. 639 water within the limits of the Col., use, on board ship or else- where, any light or signal allowed by any regulation to be made in that behalf by the Gov. and C. of P. and published in the O. G. If any person in the Govt. T. service wilfully or’ negligently omits or delays to transmit or deliver any message, or by any wilful act or omission prevents or delays the transmission or delivery of any message, or improperly divulges to any person the purport of any message, he shall be guilty of an offence :— Penalty, not excdg. $96, or impr., with or without h. 1., not excdg. 6 months, or both; and every St. J. P. shall have jurisdiction to hear and determine any complaint brought under this s, If in any case where any matter is hereinbefore authorised or directed to be determined by the Gov. and C. of P. it appears to the Gov. and C. of P. to be expedient for convenience of local investigation, or for any other reason, that the matter should be determined by the arbitrator, the Gov. and C. of P. may, notwdg. anything hereinbefore contained, and whether the Gov. and C. of P. have entered on the investigation or not, refer the matter to some competent and impartial person as arbitrator; and with respect to the matter so referred any such arbitrator shall have the like authority and jurisdiction as the Gov. and C. of P. have under this ord., and his determination shall have the same effect as a determination of the Gov. and C. of P. under this ord. In legal proceedings the property of any portion of, or of any matter or thing whatsoever being part of, or being used or em- ployed in or about the Gov. T. may be laid in the C. C. E. TRADE MARKS. Ord. 15, 64. “The Merchandise Marks Ord., ’64.”’ ‘¢Person = any person, whether a subject of H. M. or not —any body corporate or body of the like nature, constituted according to the law of any country—any company, association, or society of persons, whether some or all be subjects of H. M. or not, and whether wholly or partly carrying on business within H. M.’s dominions or elsewhere. ‘‘ Mark ’’=any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark of any other descrip- tion. ‘‘Trade mark” any and every such name, signature, ORD 10, '76 S$ 26 Offences of persons in the Gov. T, Service, § 26 Arbitra- tion. $ 27 Propert; of Goy. T. sila ORD 14, '64 §1 Interpreta- tions, ORD 14, ’64 S 2 Forging a trade mark or falsely applying any trade mark with intent to defraud. S$ 3 Applying a forged trade mark with in- tent to defraud 640 MAGISTERIAL LAW. word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark as aforesaid lawfully used by any person to denote any chattel, or any article of trade, manufac- ture, or merchandise, to be an article or thing of the manufacture, workmanship, production, or merchandise of such person, or to be an article or thing of any peculiar or particular description made or sold by such person. Every person who, with intent to defraud or to enable another to defraud any person, shall forge or counterfeit, or cause or procure to be forged or counterfeited, any trade mark, or shall apply, or cause or procure to be applied, any trade mark or any forged or counterfeited trade mark to any chattel or article not being the manufacture, workmanship, production, or merchandise of any person denoted or intended to be denoted by such trade mark, or denoted or intended to be denoted by such forged or counterfeited trade mark, or not being the manu- facture, workmanship, production, or merchandise of any person whose trade mark shall be so forged or counterfeited, or shall apply, or cause or procure to be applied, any trade mark or any forged or counterfeited trade mark to any chattel or article, not being the particular or peculiar description of manufacture, workmanship, production, or merchandise denoted or intended to be denoted by such trade mark or by such forged or counter- feited trade mark ;—misd. :— Forfeiture to H. M. of every chattel and article bearing any such trade mark or forged or counterfeited trade mark as aforesaid, and of every instrument in the possession or power of such person, and by means of which any such trade mark or forged or counterfeited trade mark as aforesaid, shall have been so applied, and of every instrument in the pos- session or power of such person for applying any such trade mark or forged or counterfeited trade mark as aforesaid—to be destroyed or other- wise disposed of as the Court shall think fit, Every person who, with intent to defraud, or to enable another to defraud, any person, shall apply or-cause or procure to be applied any trade mark or any forged or counterfeited trade mark to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing in, on, or with which any chattel or article shall be intended to be sold, or shall be sold or uttered or exposed for sale, or intended for any pur- pose of trade or manufacture, or shall enclose or place any chattel or article, or cause or procure any chattel or article to be enclosed or placed in, upon, under, or with any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing to which any trade mark shall have been falsely applied, or to which any forged or counterfeited trade mark shall have been applied, or shall apply or attach or cause or procure to be applied or attached to any chattel or article, any TRADE MARKS. 641 case, cover, reel, ticket, label, or other thing to which any trade mark shall have been falsely applied, or to which any forged or counterfeited trade mark shall have been applied, or shall enclose, place, or attach any chattel or article, or cause or procure any chattel or article to be enclosed, placed, or attached, in, upon, under, with, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing having thereon any trade mark of any other person ;—misd.:— Forfeiture to H. M. of every such chattel and article, and also every such cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing as aforesaid in the possession or power of such per- son; and of every other similar cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing made to be used in like manner as aforesaid, and of every instrument in the possession or power of such person, and by means of which any such trade mark or forged or counterfeited trade mark as aforesaid shall have been applied, and also of every instrument in the possession or power of such person for apply- ing any such trade mark or forged or counterfeited trade mark as afore- said, to be destroyed or otherwise disposed of as the Court shall think fit. Every person who shall sell, utter, or expose either for sale or for any purpose of trade or manufacture, or cause or procure to be sold, uttered, or exposed for sale or other purpose as aforesaid, any chattel or article, together with any forged or counterfeited trade mark, which he shall know to be forged or counterfeited, or together with the trade mark of any other person applied or used falsely or wrongfully or without lawful authority or excuse, knowing such trade mark of another person to have been so applied or used as aforesaid, and that whether any such trade mark or forged or counterfeited trade mark as aforesaid together with which any such chattel or article shall be so sold or uttered, or exposed for sale or other purpose as aforesaid, shall be-in, upon, about, or with such chattel or article, or in, upon, about, or with any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing in, upon, about, or with which such chattel or article shall be so sold or uttered or exposed for sale or other purpose as aforesaid :— Forfeiture to H. M. of a sum of money equal to the value of the chattel or article so sold, uttered, offered, or exposed for sale or other purpose as aforesaid, and a fine not excdg. $24 and not less than $2, Every addition to and every alteration of, and also every imitation of any trade mark which shall be made, applied, or used with intent to defraud, or to enable any other person to defraud, or which shall cause a trade mark with such alteration or addition, or shall cause such imitation of a trade mark, to re- semble any genuine trade mark so or in such manner as to be calculated or likely to deceive, shall be and be deemed to be a false, forged, and counterfeited trade mark within the meaning ORD 14, '64 S 4 Selling articles with forged or false trade mark. § 5 Additions to, and altera- tions of, trade marks made with intent to defraud. ORD 14, ’64 S 6 Any per- son who shall have sold an article having a false trade mark to be bound to give informa- tion where he procured it. In default— summons, Evidence, 8 7 Marking any false indica- tion of quantity, etc., upon any article with in- tent to defraud, 642 MAGISTERIAL LAW. of this ord.; and every act of making, applying, or otherwise using any such addition to or alteration of a trade mark, or any such imitation of a trade mark as aforesaid done by any person with intent to defraud, or to enable any other person to defraud, shall be and be deemed to be forging and counterfeiting a trade mark within the meaning of this ord. Where any person who shall have sold, uttered, or exposed for sale or other purpose as aforesaid, or shall have caused or procured to be sold, uttered, or exposed for sale or other purpose as aforesaid, any chattel or article, together with any forged or counterfeited trade mark, or together with the trade mark of any other person used without lawful authority or excuse as aforesaid, and that whether any such trade mark, or such forged or counterfeited trade mark as aforesaid, be in, upon, about, or with such chattel or article, or in, upon, about, or with any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing in, upon, about, or with which such chattel or article shall have been sold or exposed for sale, such person shall be bound upon demand in writing delivered to him or left for him at his last known dwelling-house or at the place of sale or exposure for sale by or on the behalf of any person whose trade mark shall have been so forged or counter- feited, or used without lawful authority or excuse as aforesaid, to give to the person requiring the same, or his attorney or agent, within 48 hours after such demand, full information in writing of the name and address of the person from whom he shall have purchased or obtained such chattel or article, and of the time when he obtained the same. Power for any St. J. P., on information on oath of such demand and refusal, to summon before him the party refusing, and on being satisfied that such demand ought to be complied with, to order such information to be given within a certain time to be appointed by him :— Fine for refusal or neglect to comply, $24. Such refusal or neglect shall be prima facie evidence that the person so refusing or neglecting had full knowledge that the trade mark together with which such chattel or article was sold, uttered, or exposed for sale or other purpose as afore- said at the time of such selling, uttering, or exposing, was a forged, counterfeited, and false trade mark, or was the trade mark of a person which had been used without lawful authority or excuse. Every person who, with intent to defraud or to enable another to defraud, shall put or cause or procure to be put upon any chattel or article, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing, together with which any chattel or article shall be in- tended to be or shall be sold or uttered or exposed for sale, or for any purpose of trade or manufacture, or upon any case, frame, or other thing in or by means of which any chattel or a TRADE MARKS. 645. article shall be intended to be or shall be exposed for sale, any false description, statement, or other indication of or respecting the number, quantity, measure, or weight of such chattel or article, or any part thereof, or of the place or country in which such chattel or article shall have been made, manufactured, or produced, or shall put or cause or procure to be put upon any such chattel or article, cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or thing as aforesaid, any word, letter, figure, signature or mark for the purpose of falsely indi- cating such chattel or article, or the mode of manufacturing or pro- ducing the same, or the ornamentation, shape, or configuration thereof, to be the subject of any existing patent, privilege, or copyright, extending to this Col., and protected therein :— Forfeiture to H. M. of a sum of money equal to the value of the chattel or article so sold or uttered or exposed for sale, and fine, not excdg. $24, and.not less than $2. Every person who shall sell, utter, or expose for sale or for any purpose of trade or manufacture, or shall cause or procure to be sold, uttered, or exposed for sale or other purpose as aforesaid, any chattel or article upon which shall have been, to his knowledge, put, or [upon] any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing, together with which such chattel or article shall be sold or uttered or exposed for sale or other purpose as aforesaid [upon which] shall have been so put, or [upon] any case, frame, or other thing used or employed to expose or exhibit such chattel or article for sale, [upon which] shall have been so put any false description, statement, or other indication of or respecting the number, quantity, measure, or weight of such chattel or article or any part thereof, or the place or country in which such chattel or article shall have been made, manufactured, or produced * :— Fine, not excdg. $24, and not less than $1, This ord. shall not be construed so as to make it any offence for any person to apply to any chattel or article, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing with which such chattel or article shall be sold or intended to be sold, any name, word, or expression generally used for indicating such chattel or article to be of some particular class or description of manufacture only, or so as to make it any offence for any person to sell, utter, or offer or expose for sale, any chattel or article to which, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing sold therewith, any such generally used name, word, or expression as aforesaid shall have been applied. * This s, is not quite clear: semble the words “ [upon]” ought to be omitted, and the words “upon which] ” to be inserted.—ED. ORD 14, '64 8 § Balink or exposing for mule artroles with false statement of quantities, etc. S$ 9 Excep- tions, ORD 14, ’64 $ 10 Descrip- tion of trade marks, etc., in indictments, etc. $ 11 Convic- tion not to affect any right of civil remedy. Criminating evidence in civil suit not admis- sible on prosecu- tion. 8 12 Intent to defraud, etc., how to be alleged in an indictment, etc., or proved, $13 Abettors, 644 MAGISTERIAL LAW. In every indictment, pleading, proceeding, and document whatsoever in which any trade mark shall be intended to be mentioned it shall be sufficient to mention or state the same to be a trade mark without further or otherwise describing such trade mark, or setting forth any copy or fac-simile thereof; and in every indictment, pleading, proceeding, and document what-: soever in which it shall be intended to mention any forged or counterfeited trade mark, it shall be sufficient to mention or state the same to be a forged or counterfeited trade mark without further or otherwise describing such forged or counterfeited trade mark, or setting forth any copy or fac-simile thereof. The provisions in this ord. contained of or concerning any act or any proceeding, judgment,*or conviction for any act hereby declared to be a misd. or offence, shall not nor shall any of them take away, diminish, or prejudicially affect any suit, process, proceeding, right, or remedy, which any person aggrieved by such act may be entitled to at law, or otherwise, and shall not nor shall any of them exempt or excuse any person from answering or making discovery upon examination as a witness or upon interrogatories, or otherwise, in any suit, or other civil proceeding. No evidence, statement, or discovery which any person shall be compelled to give or make shall be admissible in evidence against such person in support of any indictment for a misd., or of any proceeding under this ord. (See p. 12.) In every indictment, information, conviction, pleading, and proceeding against any person for any misd. or other offence against the provisions of this ord. in which it shall be necessary to allege or mention an intent to defraud, or to enable another to defraud, it shall be sufficient to allege or mention that the person accused of having done any act which is hereby made a misd. or other offence did such act with intent to defraud, or with intent to enable some other person to defraud, without alleging or mentioning an intent to defraud any particular person ; and on the trial of any such indictment or information for any such misd., and on the hearing of any information or charge of or for any such other offence as aforesaid, and on the trial of any action against any person to recover a penalty for any such other offence as aforesaid, it shall not be necessary to prove an intent to defraud any particular person, or an intent to enable any particular person to defraud any particular person, but it shall be sufficient to prove with respect to every such misd. and offence that the person accused did the act charged with intent to defraud, or with intent to enable some other person to defraud, or with the intent that any other person might be enabled to defraud. Every person who shall aid, abet, counsel, or procure the TRADE MARKS. 645 commission of any offence which is by this ord, made a misd. shall also be guilty of a misd. Misds. to be tried before the Sup. Crim, C.:—Impr., not more than 2 yrs., with or without h. 1, or fine, or both; impr. in default of pay- ment of fine, : Penalties or forfeitures recoverable by action as debts (by any person on behalf of H. M. in any competent Court, the amount to be determined by the Court); or, summarily in district where offender resides, or has a place of business, or where offence was committed. Fines, etc., to go to the Col. (p. 181). Ords. 19, ’56 and 5, ’68 to apply. Penalty or forfeiture, in actions, to be paid by the deft. to the Reg. or Clerk of Court; if not paid, recoverable, leviable, or enforceable by execution or other proceeding as money due to H. M. No person shall commence any action or proceeding for the recovery of any penalty, or procuring the conviction of any offender in manner hereinbefore provided, after the-expiration of 3 yrs. next after the committing of the offence, or 1 yr. next after the first discovery thereof by the person proceeding. In every case in which any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article with any trade mark thereon, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or contracted to be sold, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that every trade mark upon such chattel or article, or upon any such cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing as aforesaid, was genuine and true, and not forged or counterfeited, and not wrongfully used, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee. In every case in which any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article upon which, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or contracted to be sold, any description, statement, or indication of or respecting the number, quantity, measure, or weight of such chattel or article, or the place or country in which such chattel or article shall have been made, manufactured, or pro- duced, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that no description, statement, or ORD 14, '64) 14 8 15. $16 $17. 5 18 Limita- tions of prose- cutions, ete. $19 Vendor of article with trade mark con- tracts that the mark is genuine, § 20 Vendor of article with description of quantity .con- tracts that the description is true. ORD 14, 64 SS 21-24, ORD 17, '61 § 1 Traders receiving money uadvance and neglecting to perform contract or return money, § 2 Traders receiving ma- terials aud neglecting to perform con- tract, etc. 8 3 Traders receiving articles to be repaired, ete. 646 MAGISTERIAL LAW. other indication was in any material respect false or untrue, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee. Ss. 21-24 relate to civil actions only. TRADERS’ CONTRACTS. If any Trader shall contract with any person to perform any work for reward (whether the amount of such reward shall at the time of the making the contract be fixed and agreed upon or not), and if in pursuance or on the faith of such contract, such Trader shall receive as and by way of advance, or in antici- pation of such reward, any sum or sums of money not excdg, in the whole $24, or if any sum or sums of money, not excdg. in the whole $24, shall be paid to such Trader for the purchase of materials necessary for such work, or for any other purpose in relation thereto, and if such Trader shall, without any lawful excuse, neglect or refuse to perform such contract, either within the time specified for the completion of the same, or in the absence of any agreement as to time, within such time as the St. or Sp. J. P. hearing any complaint to be brought under this ord. shall deem to be reasonable, and shall neglect or refuse when so required to repay to the person with whom he shall have so contracted, or to his agents lawfully authorised, such sum or sums of money as he shall have so received :— Fine—district where contract made, or Trader, at the time of complaint, resident—not excdg. $48, If any Trader having contracted as aforesaid shall receive any materials not excdg. in value $24 for the purpose of being wrought up or used in the work so agreed to be performed, and if such Trader shall without any lawful excuse, neglect or refuse to perform his contract within such specified or reason- able time as aforesaid, and shall neglect or refuse, when so required, to return to the person with whom he shall have so contracted, or to his agent lawfully authorised, the materials 80 delivered to him :— Fine, ete., as in s. 1. If any goods, articles, or chattels of any description, not excdg. in value the sum of $24, shall be delivered to any Trader or other person for the purpose of being repaired, fashioned, altered, or cleansed, for reward (whether the amount ; TREASON. 647 of such reward shall be specified or not), and if such Trader or other person shall, without any lawful excuse, neglect or refuse to repair, fashion, alter, or cleanse the same, and shall, after the expiration of such specified or reasonable time as aforesaid, neglect or refuse when so required to return the same :— Fine, etc,, as ins, 1. If it shall appear, upon due proof to the St. or Sp. J. P. before whom any complaint under this ord. shall be heard, that such Trader or other person has sold, pawned, converted to his own use, or otherwise mis- appropriated any materials, goods, wares, articles, or chattels delivered to him for the purposes in this ord. stated, and not excdg. in value $24, such J. P. may abstain from the infliction of any fine or penalty, and in lieu and in stead thereof, may adjudge the offender to be forthwith imprd, in any jail, with or without h, 1., not excdg. 3 months, Any breach of contract in any of the matters or respects hereinbefore provided, where the amount of the contract, or the amount of materials furnished, or money advanced, shall exceed the limit of $24 ;—misd. :— Inf. C, for county wherein breach committed—fine, not excdg. $100, or impr., with or without h, 1., not excdg. 1 yr.; or both. 8. J. P. or Inf. C, may allow compensation for injury out of fines :—[semble, through the Rec.-Gen., see p. 181.] Rights of heir of Trader, or other person then existing, pre- served. Procedure under ords. 19, 56 and 5, ’68. ‘Trader’? — any handicraftsman, artificer, manufacturer, mechanic, laundress, or workman; and any person, male or female, exercising or pretending to exercise any trade, handi- craft, manufacture, business or mystery whatsoever. ‘* Materials’? = any goods, wares, merchandise, articles, chattels, and things of any kind or material whatsoever. ‘‘ Work” = any work in any trade, handicraft, manufacture, or business whatsoever, and any repairing, fashioning, altering, or cleansing whatsoever. TREASON. Every person who shall know of any treason, and shall not forthwith reveal the same to some Judge or J. P., shall be guilty of misprison of treason :— Impr., with or without h, 1, as the Court shall award. When any person is indicted for treason or misprison of treason, a copy of the indictment, and a list of the witnesses ORD 17, 61 § 4 Traders pawning or mis- appropriating articles entrusted to them, S 5 Where amount of con- tract exceeds $24, S 6 Compensa- tion, $ 7 Lien. 58. § 9 Interpreta- tions. ORD 30, '46 S 2 Misprison of treason, $ 3 Proceed- ings on indict- ment. ORD 30, '46 $ 4 Two wit- nesses requisite, ORD 6, ’68 S$ 1 Offences declared felonies by this ord. $ 2 Limita- tion, 648 MAGISTERIAL LAW. that shall be produced on the trial for proving the said indict- ment, and of the jurors, mentioning the names, professions, and places of abode of said witnesses and jurors, shall be delivered to the person so indicted 10 days before the trial, in the pre- sence of 2 or more credible witnesses ; but such person shall in all other respects be indicted, arraigned, tried, attainted, in the same manner and according to the same course and order of trial as if such person stood charged with any other felony. No person shall be indicted, or tried for, or attainted of treason, or misprison of treason, but upon the oath of two lawful witnesses, either both of them to the same overt act, or one of them to one overt act, and the other of them to another overt act of the same treason, unless such person shall willingly and without violence in open Court confess the same. If any person shall, within this Col., compass, imagine, invent, devise, or intend to deprive or depose our most Gracious Lady the Quéen, her heirs or successors, from the Style, Honour, or Royal Name of the Imperial Crown of the U. K. of G. B. and I., or of any other of H. M.’s dominions and coun- tries, or to levy war against H. M., her heirs and successors, within any part of the said U. K., or of any other of H. M.’s dominions or countries, in order by force or constraint to compel her, or them, to change her, or their measures, or counsels, or in order to put any force or constraint upon, or in order to in- timidate or overawe, both Houses or either House of Parl., or to move or stir any foreigner or stranger with force to invade the said U. K. or any other H. M.’s dominions, or countries under the obeisance of H. M., her heirs, or successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed ;—fel. :— P, s, for life, or not less than 7 yrs., or impr. not excdg. 2 yrs., with or without h, 1. No person shall be prosecuted for any fel. by virtue of this ord. in respect of such compassings, imaginations, inventions, devices, or intentions, as aforesaid, in so far as the same are expressed, uttered, or declared by open and advised speaking only, unless information of such compassings, etc., and of the words by which the same were expressed, uttered, or declared, shall be given upon oath beforea J. P., within 6 days after such words shall have been spoken, and unless a warrant for the apprehension of the person by whom such words shall have been spoken, shall be issued within 10 days after such informa- tion shall have been given, as aforesaid, and no person shall be convicted of any such compassings, etc., as aforesaid, in so VACCINATION, 649 far as the same are expressed, etc., by open or advised speaking as aforesaid, except upon his own confession in open Court, or unless the words so spoken shall be proved by two credible witnesses. In any indictment for any fel. under this ord., any number of the matters, acts, or deeds by which such compassings, etc., as aforesaid, or any of them, shall have been expressed, uttered, or declared, may be charged. Ord. not to affect ord. 20, 46 (sic, but ? 80, ’46). If the facts or matters alleged in an indictment for any fel. under this ord. shall amount in law to treason, such indictment shall not, by reason thereof, be deemed void, erroneous, or defective ; and if the facts or matters proved on the trial of any person indicted for any fel. under this ord. shall amount in law to treason, such person shall not, by reason thereof, be entitled to be acquitted of such fel., but no person tried for such fel. shall be afterwards prosecuted for treason upon the same facts. In the case of every fel. punishable under this ord., every principal in the second degree, and every acc. before the fact, shall be punishable in the same manner as the principal in the first degree. Every acc. after the fact to any such fel. shall on conviction be liable to impr., with or without h.1., not excdg. 2 yrs. VACCINATION. Ord. 14, ’76. Vaccination (‘‘ Vn.”) districts to be the same as the med. dist. under the Im. ords. ; and (s. 2) the med. officer to be the Public Vaccinator (Vr.) of his dist. Bys. 8 the Gov. and C. of P. may make regulations to secure efficient Vun., supply vaccine lymph from England, and appoint stations and times for Vg. The Public Vrs. shall vaccinate all children and persons in attendance at the times and places appointed, and who shall, in the opinion of the Vr., be proper subjects. Every Reg. of births shall on or within 7 days after regis- tration of birth of a child not already vaccinated, give a notice (A, or to the like effect) to the person giving the notice of birth to him, or to the father or mother, or to the person having the custody of such child, requiring such child to be duly vaccinated according to this ord., and specifying the days, ORD 6, 68 Evidence. + $3 More than one overt act may be charged in indictment. $4. $ 5 Indict- ments under this ord, valid, though the facts may amount to treason, S 6 Accesso- ries. ORD 14, '76 $1 Districts, etc. § 5 Notice. ORD 14, '76 S 6 Compul- sory vaccination, $ 7 Inspection. $ 8 Lymph. S 9 Certificate of success. Evidence, $10 Unfitness for vaccination. 650 MAGISTERIAL LAW. hours, and places where the Public Vr. of the Vn. district wherein such child resides, will attend for the purpose of per- forming the Vn. The father or mother of every child born in this Col., after this ord. shall come into operation, or in the event of the death, illness, absence, or inability of the father and mother, then the person who shall have the care, nurture, or custody of such child, shall, within 6 cal. months after the birth of such child, take, or cause to be taken, such child to the Public Vacr. of the district within which such child is resident for the pur- pose of being vaccinated, unless such child shall have been previously vaccinated by some duly qualified Med. Prac., and the vaccination duly certified, and the said Pub. Vacr. is hereby required, thereupon or as soon as it may conveniently and properly be done, to vaccinate the said child. Upon the same day in the following week when the opera- tion shall have been performed by the Pub. Vacrs., such father or mother, or other person, shall take the child, or cause it to be taken to him, that he may inspect it and ascertain the result of the operation, and in the event of the vaccination being un- successful, such father, etc., shall, if the Pub. Vacr. so direct, cause the child to be forthwith again vaccinated and again brought for inspection as on the previous occasion. The Pub. Vaer. may take from any healthy child successfully vaccinated by him, lymph for the purpose of vaccinating any other child then present :—Every person who prevents any such Vacr. from so taking from any such child such lymph, shall be guilty of an offence :— Fine, not excdg. $1, As soon as the successful vn. of any child has been verified by inspection, the Public Vacr. or Med. Prac. who shall have performed the operation, shall deliver to the father, etc. (as before) a certificate (B) that such child has been successfully vaccinated, which shall be admissible as evidence of the success- ful vn. of such child on any information or complaint for non- compliance with this ord., where such evidence may be required, When any Pub. Vacr. or Med. Prac. shall be of opinion that the child is not in a fit and proper state to be successfully vacd., he shall deliver to the father, etc., a cert. (C, or to the like effect) that the child is then in a state unfit for suc- cessful vn., which shall remain in force for 6 m., and shall be renewable for successive periods of 6 m. until a Pub. Vaer. or Med. Prac. shall deem the child to be in a fit state for successful vn., when the child shall with all reasonable despatch be vacd., and the cert. B (s. 9) duly given if warranted by the result, VACCINATION, 651 If any Pub. Vacr. or Med. Prac. shall find that a child whom he has successfully vacd. is insusceptible of successful vn., or that a child brought to him for vn. has already had the small- pox, he shall deliver to the father, etc., a cert. (D), who shall thenceforth not be required to cause the child to be vacd. Every Pub. Vacr. and Med. Prac. shall keep a register in which he shall enter the date of vn., the name, age, sex, and name of parent or guardian and place of abode of every child vacd, by him, and the operation, whether successful, unsuccess- fal, or doubtful, and such farther particulars as Gov. and C. of P. may direct ; and shall, on or before 10 Jan., 10 April, 10 J uly, and 10 Oct. in each year, transmit a certified copy thereof, signed by himself, to the Reg,-Gen. of births and deaths. If any Pub. Vac. or Reg. of births shall give information in writing to a 8. J. P. that he has reason to believe that any child above the age of 6 m. born after this ord. has come into operation, being within the district for which the informant acts, has not been successfully vacd., the J. P. shall summon the father, etc. (as before), to appear with the child before him at a certain time and place, and upon such appearance, if the J. P. shall find, after such examination as he shall deem necessary, that the child has not been vacd. nor has had the small-pox, he may, if he see fit, make an order under his hand in Form E, or like effect, directing such child to be vacd. within the period of 3 m, The father or mother of any child born after this ord. shall come into operation, or in the event of the death, illness, absence, or inability, from any cause, of the father and mother, then the person having the care, nurture, or custody of any such child, who without reasonable excuse fails or neglects (1) To cause such child to be vacd. within 6 m. after the birth of such child ; (2) Or where such child has been vacd. by a Pub. Vacr., to cause such child to be taken to the Pub, Vacr. for inspection on the 8th day after its vn. ; (8) Or to produce any such child before the S. J. P. when sum- moned go to do :— Fine, not excdg. $5. ‘Every such father, mother, or other person as aforesaid, who after having been ordered by any 8. J. P. to cause any child to be nacd., or who after having been convicted of having failed or neglected without reasonable excuse to have any child vacd., without reasonable excuse fails or neglects to have the said child vacd., shall for each period of 3 m. during which such failure or neglect continue, be guilty of a separate and distinct offence :— ORD 14, '76 8 11 Insus- ceptibility. 8 12 Registers, § 13 Where 8. J. P, may order vaccina- tion. 8 14 Offences. $ 15 Con- tinued refusal to have child vaccinated, ORD 14, '76 $16 When lymph must be from England, $ 17 Forging a certificate, $ 18 Fraudu- lent uses of certificates, $9. § 10 Inocula- tion, $ 11 Regis- trax’s return. $ 22 Expenses, 8 23. 8 24, 652 MAGISTERIAL LAW. ‘ Fine, not excdg, $10, and every offence repeated by continuation for m. Tf the father, mother, or the person having the custody of any child requiring to be vacd., shall intimate to the Pub. Vaer. that he or she desires that such child should be vacd. with lymph procured from E., the Pub. Vacr. shall be bound to v. such child with lymph procured from E.; and no person shall be liable to any penalty hereunder for failing or neglecting to have any child vacd., if he can prove in his defence that the cause of the child not having been vacd. has been that the father, etc., has intimated such desire, and that the Pub. Vacr. has been unable so to v. the said child. Any person who shall wilfully forge, counterfeit, or alter any cert. required by this ord., or utter or produce in evidence any such cert., knowing the same to be forged, counterfeited, or altered ;—misd. :— Impr., h. ]., not excdg. 1 yr. Any person who shall give or lend or use any cert. for any Fraudulent purpose :—- Summary offence—impr., h. 1., not excdg. 3 m. Summary procedure for all penalties on information of Pub. Vacr. or Com. of T. of any district before any 8. J. P.—ords. 19, ’56 and 3 and 5, 68. Penalties into Col. Treasury—ord. 5, 72 (p. 181). Any person who shall after the passing of this ord. produce, or attempt to produce, in any person by inoculation with variolous matter, or by wilful exposure to variolous matter, or to any matter, article, or thing impregnated with variolous matter, or wilfully by any other means whatsoever produce the disease of small-powx in any person :— Summary offence—impr., not excdg. 3 m., with or without h. 1. Every Reg. of Births and Deaths for any place shall once at least in every month transmit by post, or otherwise, to each Pub. Vacr. whose dist. is wholly or partially comprised in such place a return, certified under the hand of the Reg. to be a true return, of all births and deaths of infants under 12 m. of age which have been registered by him. All costs actually incurred by any Pub. Vacr., Com. of T., or Med. Prac. in respect of any books, forms, or notices in use hereunder, or in respect of any other matter required by the same, or by any rules or regulations made under the same, shall be allowed and paid for by the Rec.-Gen. upon warrant of the Gov. Ord. to commence on a day to be proclaimed by the Gov. (? if already proclaimed). Short title. See s. 89 of ord. 5, ’52, p. 144. VESTRIES. 653 VESTRIES. Power for the Gov. and the C. of P. to nominate and appoint from out of the resident inhabitants in each parish, not more than 6 persons, nor less than 4, to compose, with the rector or minister of the parish, a Vestry, and to nominate proper persons as aforesaid to fill up all such vacancies as shall be reported from time to time to have occurred in any of the said Vestries, The said persons so nominated shall, on the last Friday of every month, and at such other times as the President of the V. for the time being may deem necessary, assemble for the purpose of regulating such matters as may be brought before them; and that the rector or minister of every parish respectively shall be the President thereof, and 3 members, together with the rector or minister, or Prosident for the time being, shall constitute a quorum, and all accounts, documents, and vouchers relating to the affairs of the said V. shall then and there be submitted to and laid before such V. for examination and ap- proval. In the event of the death, absence, or incapacity of the rector or minister, the senior lay member of such V. present shall be and is hereby authorised and required to act as Presi- dent of the V. for the time being, and any 3 members present shall, with such President for the time being, constitute a quo- rum for the transaction of business. In the event of the President of such V. as aforesaid refusing or neglecting, when thereunto requested by any 2 or more members of the V., to convene a meeting of the said V., any 2 or more members of the said V. are hereby authorised and re- quired to summon and convene a meeting of such V. as afore- said in the same manner and form as if the said meeting had been summoned and convened at the instance of the President of such V. as aforesaid. The said V. shall, at least 8 days previous to the ordinary session of the C. of P. to be held in Oct. of every year, lay over a statement of all sums of money of such V. received and ex- pended; also an estimate of the probable amount of the sum or sums of money which may be required by such V. for the ser- vice of the ensuing year, specifying the purposes for which the same is required, and all and every statement, estimate, docu- ment, or report transmitted by any V. shall be signed by the President for the time being, and by such of the members of the V. as shall have been present when the same was prepared, and such Y. shall have power to regulate and direct the expen- diture of the money granted, 48 ORD 6, ’49 S 2 Appoint- ment of vestry, ,_ 58 3, 4 Mect- ings, Chairman, 5 5 Statement to the C, of P, in Oct. ORDE6 49 S 6 Moneys to be deposited in the banks, § 7 All persons nominated to the office of Vestry bound to serve, S$ 8 Persons eligible to be re- appointed. § 9 Recovery of pew-rents, ORD 11, ’63 654 MAGISTERIAL LAW No account against the parish shall be passed except ata meeting of the V. thereof, duly convened as aforesaid, and at which a quorum of members as hereinbefore provided for be present, and that all moneys at the disposal of any V. shall be lodged or deposited in one or other of the banks of this Col., in the name of such V., and that no cheque for the payment of any money shall be valid without the signature of the President for the time being, and 8 other members of the said V. Every person who shall be nominated to serve in any V., shall be and he is hereby required and bound to accept of the said office, and discharge the duties thereof for the term of 8 years from the date of his appointment, on pain of forfeiting the sum of $100 to the use of the Col., unless he shall allege a rea- sonable cause for such refusal to the satisfaction of the Gov. and the C. of P., or to the Gov. during the non-session thereof, i penalty to be recoverable by the Att.-Gen in due course of aw. Any person who may have served as a member of any V. shall be eligible to be re-appointed thereto: Provided always that the penalty hereinbefore mentioned shall not be forfeited by or recoverable against any such person so re-appointed whose full period of service shall have expired, and who shall refuse or decline to accept of such re-appointment, unless the term of one year shall have elapsed since his previous service. Each V. shall and may sue for and recover any sum or sums of money for pew rents now due, or hereafter to become due, in respect of the renting, hiring, or oceupancy of any pew or sitting, in any church or chapel, and also all dues, revenues, and emoluments of whatsoever kind or description to which they or either of them may be entitled, and may sue and be sued, implead and be impleaded, in all Courts under the name of the V. of the parish of A or B, as the case may be, in Dem., Ess., or Berbice, as the case may be, and service of process upon the President for the time being shall be deemed and taken to be good and sufficient service. In the event of any suit or action being about to be commenced at the instance of any such V., the power ad lites in every such suit shall be executed by the President of the V, for the time being, and any 8 lay members of such V.; and in every action at the instance of any such V. the production or filing of such power ad lites shall be deemed sufficient evidence of the authority to institute such action. Ord. 11, ’68 incorporated with ord. 6, ’49. Vestries appointed under ord. 6, ’49 to be bodies corporate, and as such to sue and be sued, hold land (not exedg. $5000), grant mortgages, and to sell and transport the same. VILLAGES. 655 8.2 enables Vestries to mortgage parochial revenues and property. §. 3 prescribes the mode of passing transports and mortgages—and in all legal proceedings by any V. the power ad litem shall be signed by the President, and any 3 members. . 4 gives the form of bonds and provides for defaced or lost onds. VILLAGES. Ords. 4, 51; 1,52; 33, ’56; 26, 33, and 35, ’64; and 10, ’73. (8S. 1) Repeal clause: (s. 2) establishment of a Central Board —-presided over (s. 3) by the Governor ; 3 members to form a quorum ; the Gov. (s. 4) to have a casting vote: (s. 5) a body corporate—capacity to hold lands—no common seal; Board to be sued by name aforesaid; all instruments in writing to be signed by any 8 members; in all legal proceedings against the Board, service of process upon the Sec. shall be sufficient ; and in all legal proceedings by the Board, the power ad litem may be signed by the Sec.: (s. 6) duties of Board are, the general management and sanitary superintendence of all villages, village councils, and officers, and the exercise in every village of all the powers and authority of the Central Board of Health, without being subject to the control of that body. Power (s. 7) to declare in the O. G. what places shall be considered villages, and likewise to declare, alter, or vary the limits of any such village. Ss. 8, 9 relate to the making and publication in O. G. of regulations :— Fine, on every person committing a breach of any such regulations, not excdg. $48, and not less than $5; and in case of a continuing offence to further fine not excdg. $10 for each day after notice of the breach from any person authorised to prosecute, Production of a printed copy of the 0. G. containing such regulations to be evidence of the regula- tions in all prosecutions and proceedings. N. B.—Ord. 10, ’78 affects only such villages as are placed under its operation. H. M. to appoint an Insp. of Vs. to be Sec. to the Board. Any extract minute of the proceedings of the Board certified as a true extract by the Sec. shall be received in evidence in all Courts without further proof or production of the original. Power for the Insp., with the approval of the C. Board, to employ clerical assistance in his office, and to incur necessary expense; the cost thereof to be met by contributions from the Vs., a8 items in annual estimates, Power for the Insp., with authority of C. Board, to institute ORD 11, ’63 ORD 10, '73 58 1-9, $ 10 Breach of regulations, Evidence. $11 Inspector. Kvidence of minutes, 5 12 Office expenses, 5 13 Suits, ete, ORD 10, '73 Local ords, $ 14 Super- intendents, $ 15 Village Councils; their powers, $17 Jurisiic- tion. $ 18 Powers, ete, § 19 Election of Village Coun- cillors, 656 MAGISTERIAL LAW. and carry on, or defend, any suit for or on behalf of any V. In all civil or criminal proceedings the property to be laid in the C. Board. In all criminal proceedings the insp. or any officer or person employed in a position of trust to be described as the servant of the C. Board. Ords. 26, ’64 (Beterverwagting), 88, 64 (establishment of Vs. through a committee), 35, ’64 (Queenstown), 4, ’51 (Brix- ton), amended by ords. 1, ’52 and ord. 83, ’56 (rep. except as to ss. 1-8), are not of general interest. The dist. Com., or any other person duly appointed by the Gov. in his stead, shall be the Sup. of all Vs. within his dist., and as such Sup. shall be the chairman of each Y. C., and shall be the officer to exercise, under the direction and control of the C. Board, all the powers and authority of a L. Board of H.: (s. 16) to vote and have casting vote, and with one Councillor to form a quorum, In every V. there shall be a V. Council, to consist of a Supt. and 8 duly elected villagers; to be a body corporate with per- petual succession, with capacity to hold land: no common seal: Councils may sue and be sued in all Courts: all contracts, agreements, and instruments in writing, may be signed and exe- cuted by the Chairman on behalf of the C.: in all legal proceed- ings against the C. service of process on the Chairman shall be sufficient: in all legal proceedings by the C. the power ad litem may be signed by the Chairman, and all the executive powers of the C. may be exercised by the Chairman in the name of the C. No Councillor shall be personally liable for any act, matter, or thing done or committed by him within his jurisdic- tion as such, and the Chairman shall not be personally liable for any act, matter, or thing done or committed by him within his jurisdiction as such. All undivided lands or portions of land, undivided new em- polders, pasture lands, woods, dams, kokers, sluices, water courses, navigation and draining trenches, and village roads, streets, and bridges, as well as public roads and bridges of every V.,-to be under the control and management of the Supt. and V. Council subject to the C. Board. Allrights, etc., vested in the respective Supts. or L. Boards of Sup. under any ord. heretofore in force are vested in the V. Councils. ; In Oct. or Nov. in each year, the Chairman of each V. C. shall call together, by notice affixed at such conspicuous place in each V. as he shall direct, a meeting of electors at such time not less than 1 week from the affixing of the notice, and in such place in each V. as shall be stated in such notice, for the pur- pose of electing 1 Councillor in the room of the Councillor retiring. ‘VILLAGES, 657 No person shall be eligible for election as a V. C. who shall not be proprietor of at least a quarter of a share, or shall not have had his ordinary residence in the V. for which the election shall be held for the 12 months immediately preceding the day of election, or who shall be in arrears for V. rates or taxes. Every male proprietor possessing not less than a quarter of a share, of full age, not subject to any legal disability, and not more than 8 months in arrears for V. rates, shall be entitled to vote at the election of elective Councillors of the V. Proprietors of shares or lots, or portions of shares or lots, in any V., of the assessed value of $500, or more, shall have 2 votes, but no proprietor shall have more. The votes shall be taken as the Chairman shall deem most convenient, and, upon taking the votes, the Chairman shall de- clare the parties having the largest number of votes, if eligible, to be duly elected Councillors for the estate or V. for which such election shall be held. Hach such election shall be re- ported by the Chairman to the Sec. of the C. Board for confir- mation and publication in the O. G. If at any such meeting there shall not be more than 10 proprietors present eligible as voters, or if eligible councillors shall not be elected, the Sup. shall submit to the C. Board the names of two persons for each C. to be appointed, and there- from the C. Board shall appoint such Cr. or Crs. as may be required, and their appointment shall be published in the O. G. At every election a correct list of the voters present shall be taken by the Chairman. Disputes as to elections to be referred by the Chairman to the C. Board, whose decision shall be final. At every yearly election the senior elective member of each Y. C. shall retire and a new Cr. shall be elected in his room, as and from the 1st Jan.; retiring Crs., if eligible as aforesaid at the time of election, to be eligible for re-election. On death, resignation, or inability to act of any V. Cr., or of neglect or refusal to act, on proof thereof to thé satisfaction of 1 the Chairman, a successor shall be elected or appointed as before directed, but such successor shall retire at the time at which the Cr., in whose place he may be elected or appointed, would, in due course, have been required to retire. Whenever there is a vacancy as Overseer and Collector of Rates the V. C. shall by a majority of votes nominate some fit and proper person to be the O. and C. of R. of the V., and shall determine the salary to be paid to him, and from time to time may increase or diminish the same, and the name of the person so nominated shall by the Chairman be forwarded to the C. Board for approval and appointment. Power for the C. Board if no person shall be so nominated, or if it shall appear to the C. Board that the person so nominated is not a fit or duly ORD 10, 73 § 20 Who are eligible, § 21 Who may be electors. Two votes. Mode voting. t Failing an election. 5 22 List of voters to be taken, Disputes. § 23 Retiring Councillors, § 24 Death, ete., of Council- lor. 5 25 Overseers and Collectors of Rates. ORD 10, ’73 S 26 When. Central Board may order ap- coe of illages, § 27 Appoint- ment of ap- praisers, § 28 Apprais- ers’ power of entry. § 29 Appeal from appraise- ment to 8. J. P. 658 MAGISTERIAL LAW. qualified person, to appoint some other person; C. Board not to dismiss any Overseer without notice. If it shall appear to the C. Board that no salary has been determined, or that the salary determined by the V. C. is insufficient, power for the C. Board to fix the salary of the Overseer. Whenever the C. Board shall deem it necessary to appraise the several lots and shares or portions of lots and shares and buildings, and the lands in any V., or any part or portion of the V. property, the Sup. of such V. shall cause a notice signed by himself to be affixed to such conspicuous places in the V. as he shall direct, calling upon the proprietor of every lot or share and of every portion of a lot or share, with or without buildings thereon, within 14 days after such notice, to fill up or cause to be filled up a schedule in which shall be set forth the number and particulars of the said lot or share or portion thereof, and of the buildings if any, or so much of such particulars as it shall be in the power of the said proprietor or his representative to fill up or cause to be filled up in the said sch., which sch. so filled up shall be held in readiness to be handed on the pre- mises to the persons duly appointed to appraise the property in the V. as hereinafter mentioned, and in default of any such schs. so filled up being handed over on demand as aforesaid, the persons appointed shall make their appraisement on the best information they shall be able to obtain. The Sup. shall appoint two fit and proper persons to be the appraisers, who shall be paid for their services such sum as the V. C. shall determine: if no such sum shall be determined or the sum shall appear insufficient the C. Board may, on the representation of the Sup., determine the remuneration of the appraisers. No person shall be appointed an appraiser for any village in which he shall be possessed of any property. The appraisers so appointed having received the schs. as aforesaid, shall forthwith appraise the several lots or shares or portions of lots or shares and buildings in the village and the lands thereof, and shall in making their appraisement have special reference to their condition and locality respectively. The appraisers shall, in discharge of the duty to be by them performed, have full power and authority to enter on any land being a lot or share or portion of a lot or share as aforesaid, and into any building between 6 a.m. and 6 p.m. of any lawful day. Any person who shall. obstruct the appraisers in the dis- charge of their duties as aforesaid :— Fine, not excdg. $24, on complaint of the Sup. When the appraisement shall be completed the same shall be entered and recorded in the Assessment Book of the V., and a copy of such appraisement signed by the Chairman shall be VILLAGES. 659 affixed at such conspicuous or proper place within the V. as he shall direct. Any proprietor or his representative who may conceive his building, lot, or share, or portion of a lot or share, to be im- properly appraised, may, within 14 days from the day of such copy of the appraisement being affixed as aforesaid, appeal therefrom to the S. J. P., who shall make due enquiry and whose decision shall be final. The costs of any re-appraisements shall be in the discretion of the 8. J. P., and shall be paid out of the V. rates, or by the appellant (to be recovered in such case at the instance of the Chairman by distress) according as such Mag. shall direct. Every person who shall be in default of filling up and de- livering his sched. to the appraisers in manner and form afore- said shall be debarred from the privilege of appeal. Within the months of Nov. or Dec. in every year, the Chair- man shall submit to each V. C. an estimate of the expenditure for the ensuing year, and of the rate proposed to meet the same, whether the said rate be by an assessment on the appraised value of the property in the V. or by a monthly assessment or contribution from each share or lot or portion of a share or lot; and if after discussion and, if necessary, altering and amending the same, the Chairman and majority of elective members shall agree upon an estimate and assessment, such estimate shall be forwarded to the C. Board for approval, and in case the majority of elective members (such majority including the Chairman) cannot agree upon an estimate and assesst., the est. submitted shall be transmitted to the Insp. of V. with the objections of the elective members, and in such case the C. Board may frame an estimate and fix a rate, which shall be legal, valid, and binding upon all concerned, and the Chairman may, if necessary, on any needful occasion arising, submit to the V. C. at any time a supplementary estimate, or estimate and special rate, which shall be dealt with in like manner with the ordinary annual estimate and rate. Every est. or rate, before enforceable in any Court of Law, to be approved by the C. Board. Notice of such approval to be inserted in the O. G. as well as (s. 32) all ests., assessts., ap- pointments, and elections after approval by the C. Board. The Overseer shall, under the direction of the Supt., cause all the work to be done in any V. for which provision has been made in the estimate or any sup. est.; and during the perform- ance of any work, the Overseer shall, every week, make out a pay-list showing the amount due day by day to each person at work, and also the wages of the watchman or of any other officer employed at weekly wages, and shall lay a copy of the game before the V. Councillors, and on its being certified by any ORD 10, '73 Costs. When appeal barred, ” § 30 Annual estimate and assessment, SS 31, 32. 5 33 Overseer’s duties, ORD 10, 73 660 MAGISTERIAL LAW. two of them the same shall be forwarded to the Sup., by whom . the same, if approved, shall be signed, and he shall transmit the Uncertified accounts, § 34 V. Council may enter into contracts not excdg. $100, § 35 When assessment found insuffi- cient, § 36 Pro- cedure in case of emergency. 5 37 State- ment of receipts, etc. 8 38 Village roads in bad order, same to the Insp. In like manner the accounts for the salaries of the overseer, engineer, ranger, cattle minder, and of ait officers employed in any V. shall be laid before the V. Councillors, and on being certified by any two of them they shall be forwarded to the Sup. for signature and to the Insp. for payment. If it shall appear to the Insp. that the refusal of any V. C. to certify any such pay-list or account is altogether unreasonable he may cause the same to be paid. In all such cases the Insp. to report the same with its attendant circumstances in writing, at the next meeting of the C. Board, for such directions as they may de- termine. Power for any V. C. at a general meeting by majority of votes (such majority including the Chairman), to enter ‘into contracts for executing any work for which provision shall have been made on the annual or any sup. est., but no such contract involving an expenditure excdg. $100 shall be binding unless approved by the Insp. In case any assessment or rate levied hereunder shall be found insufficient, power for the V. C. or C. Board to levy in the same manner as for a general rate such further and addi- tional rate or rates as may be necessary to meet the required expenditure according to the est. and assessment approved as aforesaid: such additional rate to have the same preference and be recovered as any original or sup. rate. If at any time any unforeseen accident or occurrence shall happen such as to render necessary the immediate carrying out of any work not provided for in any est., the Chairman with the approval of a majority of the Councillors shall immediately commence and carry out such work: Provided always that as soon as practicable the Council shall frame an est. of the cost of such work and declare a special rate to defray the same in like manner as for other ests. and rates, and shall forthwith transmit copies of such est. and rate to the Insp. to be laid before the C. Board for approval. Should the Council neglect or refuse to authorise the execution of such work, or to frame an est., and determine a rate, the C. Board may take proceedings thereon for the execution and defraying the cost of such work. ; The Insp. twice in every year, at the least, is to furnish to the Chairman of every V. C. a statement of the receipts and exp. of each V. to 80 June and 81 Dec. in every year, and the Chairman shall cause the same to be deposited in some con- venient place in the V. for general inspection. _ Whenever the Com. shall find the public road in any V. in his dist. is not in good order, he shall give notice to the Y. C. thereof by affixing a written notice, signed by himself, to two VILLAGES, 661 or more conspicuous places in such V., and such notice shall point out generally the work required to be done, and shall fix the time, being not less than 10 days, within which it is to be done, and every such notice shall be served by a person able to read and write, and a duplicate or copy thereof shall bear the cert. of the person serving the same, to the fact of such service, and such certificate being sworn to before any J. P. shall be deemed sufficient evidence of the fact. If at the expiration of the time mentioned the V. C. shall not have effected the work to the satisfaction of the Com., or shall nof have obtained an order from the C. Board to stay the work either altogether or for such time as may be specified in such order, the Com. shall forthwith have the necessary work effected, but such Com. shall not commence any work which he may have reason to believe will exceed the sum of $100 without the previous sanction of the C. Board, and such Board shall have power to advance the amounts required for such work out of any V. funds in the hands of the Insp. An account of the costs, charges, and expenses incurred by or on behalf of any V. under s. 88 by the Com., signed by him and approved by the Gov., shall without proof of any other matter or thing be held and deemed to be in all Courts and by all Judges and Mags. conclusive proof of the account being in every particular correct, and the amount of every such account may be recovered by and in the name of the C. Board by summary execution against the said V. and the lands thereof in solidum. Provided always that in every case the C. Board may, instead of proceeding in solidum against any such V. and the lands thereof, assess the amount due upon the respective shares or lots of such V., and proceed against such shares or lots separately as in respect of V. rates. (See s. 58, etc.) In every V. the Sup. on finding that the sanitary condition is imperfect, shall forthwith give notice thereof to the inhabitants of the V., by affixing the same in one or more conspicuous places in the V., and such notice shall point out generally the work required to be done, and shall fix the time within which it is to be done; and every such notice shall be served by a person able to read and write, and a duplicate or copy thereof shall bear the cert. of the person serving the same to the fact of such service, and such cert. being sworn to before any J. P. shall be deemed sufficient evidence of the fact. If at the expiration of the time mentioned in such notice the inhabitants of the V. shall not have effected the work to the satisfaction of the Sup., or shall not have obtained an order from the C. Buard to stay the work either altogether or for such time as may be specified in such order, the Sup. shall forthwith have the necessary work effected by the Overseer, but such Sup. shall ORD 10, '73 8S 39 When Commissary to perform the work, Accouut, Evidence of, How recover- able, 8 40 Imperfect sanitary condi- tion. 8 41 When the Superintend- ent to have the work done. ORD 10, '73 8 42 Amounts expended for sanitary pur- poses, § 43 Notice on individuals to cleanse their lots, etc. S 44 Where disregarded. 8 45 Occupa- tion of un- granted Crown Jand or new empolder. 662 MAGISTERIAL LAW. not commence any work the cost of which he may have reason to believe will exceed the sum of $100, without the previous sanction of the C. Board. All sums required to be expended by any V. for sanitary pur- poses shall be repaid from and out of the general rates and taxes of such V., and the respective amounts of such expenditure may be included in the annual est. of the V., anything in ord. 5, 752 (see “‘ Boarps or Hzairn’’) to the contrary notwdg., or may be recovered in the manner following. An account of the costs, charges, and expenses incurred by any Sup., signed, ete. (as to evidence, ete., see s. 39), and deemed to be in all Courts and by all Judges and Mags., etc., may include all sums due for medical attendance and the salaries of overseers, watchmen, and other officers and servants of the V., and may be recovered by and in the name of the C. Board by summary execution against the said V. and the lands thereof in solidum. In every case the C. Board may, instead of proceeding in solidum against any such V. and the lands thereof, assess the amount due upon the respective shares or lots of the proprietors of such V., and pro- ceed against such shares or lots separately by process of sum- mary execution. . . The Overseer, on the written authority of the Sup., to serve on the occupier of any share or lot or portion of a share or lot in any V. hereunder, and, in case of the same being unoccupied, then on the proprietor, by leaving the same on the share or lot or portion of a share or lot as the Sup. shall direct, a notice (according to Form A*) requiring such occupier within 8 days from the date of the service of such notice to dig out the small drains of their shares or lots or portions of shares or lots so as to be available for the purpose required, and to keep the shares or lots or portions of shares or lots free from and to re- move therefrom all dirt, rubbish, brushwood, and any offensive or obnoxious matter. If any person so served shall neglect or refuse to comply with such notice -— Fine, at the instance of the Sup., not excdg. $10; and the Overseer, under the Sup., may cause the requisite work to be done, and recover the amount from the person in default with full cost of suit. In all cases in which any V. hereunder shall have been or shall be permitted to occupy any ungranted Crown lands or any new empolder with the view of the occupiers thereof purchasing the same in lots or otherwise or of renting the whole or any portion thereof on such terms as respects amount of rent to be paid, amount of purchase-money and of the instalment thereof * This form, with all others, can be obtained on application to the Gov, Sec,’s office. ‘VILLAGES. 663 and of the mode and manner of payment as the C. Board shall determine ; all such lands or new empolder shall for the pur- poses hereof be vested in the Insp. In all cases in which the repayment of any loan shall be provided for by a contribution from each shareholder, Insp. may recover all arrears of such contributions, all arrears of rent or the purchase money or the instalments thereof in the same manner as arrears of rates, sub- stituting the Insp. for the Sup., and an account signed by the Insp. of the amount of any such arrears due shall be received in all Courts without proof of the signature or authority of the Insp., and shall be sufficient evidence of the amount due by or claimable against the person in default, and of the legality and validity of the claim. All persons occupying any such undivided lands or portions of lands, or any undivided new empolder or any portion thereof, shall pay rent for the same, the amount of such rent to be deter- mined by the Sup. and V. C., and all such rents shall in the first instance be paid to the Overseer of the V., whose receipt for the same on a printed form approved by the C. Board, duly signed by him, shall be a good and valid discharge for the sums so paid to him, and all such rents shall be paid over to the Insp. like V. rates. All arrears of rents due may be recovered like V. rates, for which the same fees, costs, and charges shall be paid. Under any distress warrant issued for the recovery of any such rents, the goods and chattels of the deft. wherever found may be levied upon and sold. The Overseer, under the direction of the Chairman, may enter upon and take possession of all such lands in respect of which 2 months’ rent or more shall be due and owing, and of all crops, provisions, or other things then growing or being on the said lands, and of the pos- session of the same to dispossess the tenant in arrears for rent, and thereupon such tenant shall cease to have any claim or interest in, on, to, or in respect of the said lands, crops, provi- sions, or other things growing on such lands. Any such tenant who shall, after service of notice upon him of the fact of such possession having been taken, enter upon any such lands shall be deemed and taken to be a wilful trespasser within ord. 88, 60. ‘The leaving of the notice referred to at the last known place of residence of any such tenant in arrear shall be a sufii- cient service. If any V. C. shall neglect or refuse to fix the amount of any such rents the Sup. may submit to the C. Board a scale of rents to be paid for such lands, whereupon the C. Board may determine the rents to be paid for such lands, and all persons occupying any such lands shall thereupon be liable to pay the amount of rent so determined by the C. Board, and the payment of all such rents shall be enforced as in s. 46. ORD 10, '73 Loans. S 46 Rent of lands and new empolder. How re- covered, Dispossession. Entry after dispossession is wilful trespass. 5 47 When Central Board may fix rent. ORD 10, '73 & 48 Lease to be approved by Central Board. 8 50 Grazing fees. § 51 V. regu- lations respect- ing cutting wood. 8 52 Sup. may appoint and authorise watch- men to impound animals, _ § 53 Obstruct- ing watchmen, etc, 664 MAGISTERIAL LAW. No lease or agreement to let any portion of any undivided lands or portions of lands or new empolder or any portion of the same in any V. hereunder shall be legal, valid, or binding, or have any force or effect whatever, unless the same shall be signed by the Chairman of the V. C. Any person not legally authorised receiving any of the rents directed to be paid hereunder shall be liable to the same penalties and shall be proceeded against as hereafter provided in the case of unauthorised persons receiving V. rates. Any V. C., subject to the approval of the C. Board, may frame a table of fees to be paid by the owners of any cattle grazing or kept on the common lands of the V., and such fees shall be paid over to the Sup. by the Overseer, and by him to the Insp., towards the general revenue of the V. All cattle in respect whereof any fees may be due may, in default of payment, be impounded and sold by order of the Sup. like strays. In like manner any such Council, subject to the approval of the C. Board, may make regulations with respect to the cutting of wood on the common lands of the V. Any person who shall cut and carry away any wood contrary to such regulations when so approved :— Fine, not exedg. $24 on complaint by the Sup., and all moneys received under and by virtue of any such regs. shall be paid over to the Sup. by the Overseer for transmission to the Insp., for and on account of the general revenue of the village to which such regs. relate, The Sup., with the consent of the Council, may appoint one or more persons to be watchmen of the provision grounds of the V. and of the lands attached to such V., and give a general authority in writing to any person so appointed to seize and impound at the nearest pound all horses, colts, filies, mules, cows, bulls, oxen, calves, heifers, steers, sheep, goats, or donkeys, found trespassing on the said provision grounds or lands, to whomsoever the said provision grounds or lands may belong, and to follow all such animals into any lands, enclosures, or premises where they may be found :—Only persons so appointed and authorised to enter lands, ete.—within 24 hours from the time such animals were found trespassing. For all animals so seized and impounded there shall be paid to and by the pound-keeper before he shall be allowed to release them, the same fees and allowances as are to be paid for strays under ord. 7, °66. (See “ Pounps.”) ; Any person who shall assault, obstruct, or molest the watchmen appointed and authorised as aforesaid in seizing and impounding all such animals ;—Or, who shall in any manner whatever prevent the said watchinen from seizing or from conveying to the pound all or any of such animals as aforesaid :— Fine, at the instance of the Sup. or of the Insp., not excdg. $24 for VILLAGES. 665 assaulting, etc., and not excdg. $12 for every animal so prevented from being impounded, Any person who shall claim that any animal being his pro- perty has been illegally impounded shall be entitled to remedy under ord. 7, 66. (See ‘‘ Pounps.”’) All swine found in the provision grounds of any V., or loose on the roads, dams, and streets, or trespassing on any share or let or portion of a share or lot, in any V. hereunder, may be killed by any person, and the carcases of all such swine shall be the property of the person destroying them. Whenever the Sup., with the advice and consent of the V.C., shall consider it expedient to warn parties from trespassing on any portion of a V. or its lands, under the operation of this ord., he may, with the approval of the C. Board, cause a proper notice to be put up, concluding with the words ‘by order of the Chairman of the V. of ——.” Every such notice shall be a good and valid notice, and all persons infringing the terms of such notice shall be wilful tres- passers within ord. 38, 50. (See ‘‘ Wiurun Trespass.” ) All rates or assessments shall in the first instance be payable to the Overseer or Collector of Rates of the V. as the Sup. shall direct, and the receipt of such ov. or coll. on a printed form, to be approved by the C. Board, duly signed by him, shall be a good and valid discharge for the sums so paid to him; and the ov. or coll. shall weekly pay over without any deduction what- ever to the Sup. as the C. Board may by special regulations determine, all rates and assessments and other moneys received by him for and on account of the V. for which he is ov., and ORD 10, ’73 § 54 Swine, S 55 Notice boards—tres- pass, §$ 56 Payment of, and receipt for, rents, thereupon the Sup. shall on the back of the counterfoil of the - last receipt given, certify the receipt of the moneys covering the amounts represented by the preceding receipts. Any ov. or coll. of rates who shall refuse or neglect to pro- duce or deliver up to the Chairman, or to the Insp., when required, any book, document, plan, chart, voucher, or account relating to the V. of which he is ov. or coll. :— Fine, at instance of Sup., not excdg. $48, In the case of Vs. in which the rate is raised on an assest. of the appraised value of the property in the V., the rates set forth in the assest. shall be due from the date of the notification of the approval of the same in the O. G., and in the case of Vs. in which the estimate of expend. is met by a monthly assest. or contrib. on every share or lot or portion of a share or lot, the same shall on notification in the O. G. of the approval of the est. and assest., be due from the first day of every month embraced in the term for which the appraisement is passed, and if such notification shall appear after the period at which Refusal to produce docu- ments, ~ S 57 Time when rates fall due, ORD 10, '73 $ 58 All lots or portions of lots liable and executable for rates, S$ 59 Where ots subdivided, apportionment of rates, S 60 Sub- divisions of lot. $ 61 In case joint proprietors neglect to pay share of rate, 8 62 Procedure to enforce pay- ment of rates by warrant of dis- tress, 666 MAGISTERIAL LAW. such monthly contrib. is proposed to be commenced, the con- tribs. for the month or months which shall have passed prior to the appearance of such notification shall, on the appearance of such notification, be absolutely due. All lots or shares or portions of lots or shares with the buildings thereon, if any, and all goods and chattels in or upon any building, share, or lot, or portions of shares or lot, compre- hending and including all the lots or portions of lots in the several ss. composing a share in any V. hereunder, shall be liable and executable for the amount of any rate or assess. on such lots or shares or portions of lots or shares, and the amount of any such rate or assess. claimable against any such share or lot or portion of a share or lot with the buildings, shall except as hereinafter provided be recovered by parate or summary execution, and the process shall be at the instance and in name of the Insp.; and the amount of such rate shall be and is hereby declared to be preferent over and above all claims of whatever nature the same may be, whether such claims be against the said shares or lots or portions of shares or lots with the build- ings, or against the proprietor or proprietors thereof. In case any lot shall be subdivided, the V. C., or, failing their so doing, on appeal, the C. B. may apportion the payment of the rate exigible upon such lot among the several portions thereof, being not less than quarter shares or lots. It shall not be lawful to subdivide any share or lot in any V. in less than quarter shares or quarter lots. In case any one or more of the joint proprietors of any share or lot or portion of a share or lot shall neglect and refuse to contribute his just proportion of any rate or assesst. which may be due at the time, any of such joint proprietors, on paying up the whole amount then exigible npon such share or lot or portion thereof, may recover [by summary execution] from his several eo-proprietors the several sums due by them respectively as a contribution, together with 10 p. c. damages, and also costs at the rate aforesaid, In every case in which there shall be any goods and chattels in or upon any building, share, or lot, or portion of any share or lot assessed for payment of any rate, the Ov. or Coll., before the process of summary execution shall be applied for at any time hereafter, shall cause a notice (Form B*), signed by the Sup., of the amount of the assesst. due in respect of such share or lot, or portion of a share or lot, to be left on the premises, and if payment be not made within one week thereafter, the Ov. or Coll, may make application to the 8. J. P., who thereupon -and on production of the duplicate or copy of the notice with * See note, p. 662. VILLAGES. 667 return of service thereon duly sworn to before him, shall grant a warrant of distress (C) (see ss. 64, 65) for recovery of the said assesst., whereunder such goods and chattels may be levied on and sold for the amount of such assesst. with costs, and the said goods and chattels shall be sold by any person authorised by such Mag. in some public place, notice thereof being given in such manner as to such Mag. shall seem meet, 3 days pre- viously, and the progeeds thereof after payment of the expenses shall be applied in satisfaction of the demand, and the surplus, if any, shall be paid over to the owner. The attaching the notice to the door or wall of the principal building on the share or lot, or portion of a share or lot, shall be sufticient service, the production of the duplicate or copy shall without proof of the authority or signature of the Chairman be sufficient evidence of the making and validity of the rate and of the amount due by or claimable against the property in default, and the Ov. tendering himself to be sworn, and being sworn, to the return of service shall be sufficient proof of the service. Tn every case in which any goods and chattels levied on and sold under s. 62 shall belong to the occupier of the premises liable for the payment of the V. assesst. or rate or to some person other than the owner of such premises, such occupier or other person shall be entitled to recover from such owner the full amount realized from such levy and sale, together with an addition of 20 p. c. thereon by way of damages with costs, and in every case the occupier of any premises liable for the payment of any V. assesst. or rate may pay the amount of such assesst. or rate, and deduct the same from any rent due or accruing due by him in respect of such premises. Warrant of distress—Form C*: fees in Sch. D. Fees to be paid by the party applying for the process, but to be costs in the matter of distress. No warrant or order of exon., by summary exon. against any share or lot, or portion of any share or lot, assessed for the pay- ment of any rate shall be granted unless there shall be laid over with the summation a cert. signed by the Sup. that there were no goods or chattels whereon to levy, or that the same had proved insufficient. The service of any summation or other legal process for the recovery of any V. rate or assesst. whatsoever, if effected upon the principal or township lot, share, or portion of lot or share appertaining to such share, is sufficient. ; “Tt shall not be necessary to petition in any case for an order of exon., and the writ or order of exon, shall be endorsed on the summation. * See note, p. 662, ORD 10, 73 Service of notice. S$ 63 Where goods levied on are not the property of the proprietors of the lots, S 64 Warrant of distress and fees. S 65 Order of execution, § 66 Service on township lot. S 67 No peti- tion for order of execution. ORD 10, '73 8 68 How war- rants executed. $ 69 Proceed- ing after sale by summary execution, § 70 Marshal out of surplus to pay rates due at term of sale on account certi- fied by Insp. S 71 Marshal to furnish Insp. with return, Fees for sum- mary execution, $ 73 Payment of rate in case any particular share or portion thereof shall have been trans- ported, 668 MAGISTERIAL LAW. The C. Board may appoint persons to act as bailiffs, who shall execute all distress warrants, and shall be paid for their services by such fees as the C. Board may determine, and, until ap- pointed, distress warrants to be executed by a p. officer or B.C. Upon the sale of any property by summary exon., the Marshal shall be bound to make out a bill of all the expenses incurred in the process of exon. and sale, and to have the same duly taxed, before he shall be entitled to deduct or retain any portion of the proceeds of the sale on account of such expense, and for every such taxation the Reg. shall be allowed to charge a fee of 25c. The Marshal from and out of any surplus remaining in his hands after deduction of the amount sued for and all costs and charges shall pay over to the Insp. on an account certified by the Insp. being laid before him, the amount of rates so certified to be due by any property sold by summary exon. accruing due since the service of summation and certified as due on the day of sale by the Insp. All such claims shall be lodged within 4 months after the sale of any property in respect of which such claim shall be made. Within 6 weeks after the sale of any property at exon. sale for V. rates, the P.-Marshal shall, free of charge, furnish the Insp. with a return showing the date of sale, the amount the property realized, the name of the purchaser, the amount of the costs and charges, and the amount of the surplus, if any, after payment of the claim sued for and the costs, Fees on summary execution (including all travelling expenses, distance money, acts, conditions of sale, copies of documents, printing, and all other matters) : For summons to pay (commonly calleda summation) . . . $1 0 For writ or order of execution to be endorsed on the summa- POM bk we a woe At wm oe By ee go ew a we ew ow O20 For act of levy, inventory and advt. of day of sale . . . . 1 0 Commission on account of sales, 24 p.c. No proceeding in any such execution shall be void for want of form. In case any particular share or lot or portion of a share or lot comprised in any share or portion thereof shall at any time heretofore have been transported or shall hereafter be trans- ported to any person whomsoever, the proprietor thereof, under the Sup., may pay to the Ov. such sum as the Sup. shall certify to be the contribution to the rate levied upon the whole share or portion thereof due and payable in respect of such share or lot or portion of a lot so transported, and such Supt. shall be bound to grant such cert..upon demand without fee, and upon payment of such contrib. to the Ov. the same shall be duly credited and a receipt given and exon. shall be levied for the residue against the remaining lots or portions of lots of which such share or portion thereof shall be composed, and service of VILLAGES. 669 process upon any one of such remaining lots or portions of lots as the Sup. shall in such case direct, shall be sufficient. No lot or building in any V. belonging to the Crown or to the Col., nor any church, chapel, or school-houge devoted solely to the purposes of religion or education, shall be liable or subject to any V. rate or tax. Any misnomer, mistake, or informality committed in any pro- ceedings for the recovery of any V. assesst. or rate shall not prejudice the recovery thereof, nor shall such proceedings lapse, cease, or abate by reason of the death, resignation, or removal of the officer instituting the same, or by any change in the person holding office as chairman, councillor, or Sup. The officer for the time being may prosecute and follow forth the procedure commenced and carried on in the name of any previous officer in all respects as if originated by himself. No person to sue, nor any Court of Law to entertain any action or proceeding against any officer or other person employed in executing any warrant of distress, in reference to any V. assesst. or rate, by reason of any misnomer, mistake, or informality, if the goods or effects seized or sold under such warrant were in fact found in or upon any building, share, or lot, or portion of any share or lot bond fide liable for the payment of any V. assesst. or rate. Relates to obtaining titles under exon. sales. All payments to be made in any V. on account of any new em- polder, or loans, or for wood-cutting or pasturage, and all other moneys payable on the general account of any V., shall in the first instance be payable to the Ov., and his receipt for the same on a printed form to be approved of by the C. Board duly signed by him, shall be a good and valid discharge for the sums so paid ; and all such moneys shall be weekly paid over by the Ov. as already provided as to rates and assessts. (8. 56). The Sup. (s. 78) of every V. C. shall, as prescribed by the C. Board, from time to time forward all moneys whatever received by him for or on account of any V. under his management, and all documents and accounts, to the Insp., who shall forthwith deposit all such moneys in one of the local banks to the credit of the C. Board. All amounts recovered by distress warrant shall be paid over to the Sup. for transmission to the Insp., and all amounts re- covered under parate or summary exon. shall be paid over to the Insp., who shall place the respective amounts received under these two heads to the credit of the Vs. to which such amounts respectively belong. All work done, or account contracted for, on behalf of any V. shall be paid for by the Insp. All the books and accounts of the Vs. shall be kept at the office of the Insp., who shall be responsible for their correctness, 44 ORD 10, 73 $ 74 Property exempt from rates. § 765 In- formality, etc., in proceedings. 8 76. 77 Money Management. 8 78. 8 79 Amounts recovered by distress. 8 80 How work paid for, § 81 Custo of bookts, ay ORD 10, '73 Payment of money. Audit of accounts. § 82 Loans to Villages by Cen- tral Board, $ 83 Repay- ment of Village dobts. S 84 Drainage agreements, $8 85 Applica- tions for out- fall to adjoining owner. § 86 Mode of making applications, 670 MAGISTERIAL LAW. and all moneys whatever, without any deduction, payable and paid for and on account of any such V. shall be paid over to the Insp., to be by him lodged in one of the local banks, to the credit of the C. Board ; and once in every year, at the least, the Insp. shall cause separate statements of the receipts and exp. of each V. on his books to be made out, and shall lay the same before the Aud.-Gen., who shall, at the foot of each such state- ment, certify under his signature the result of his audit, and the same shall, at their next meeting, be laid before the Board for approval and publication. All accounts certified by the Aud.- Gen. shall be final. The C. Board may borrow on behalf of any V. such amount as may on their application from time to time be awarded to such V. by the Gov. and C. of P. out of the loan authorised by ord. 27, ’64, or any future ord., and shall cause provision to be made in the general rates and taxes of the V. for repayment of such loan with interest, and, if necessary, levy a special rate, to have the same preference and be recoverable as the general rates and taxes. The C. Board by regulations may adjust and fix the amount of any debt contracted or incurred for or on behalf of any V., and whether any rates or taxes shall have been collected in any such V. by law or by voluntary contribution ; and thereafter to cause adequate provision for repayment to be made in the general rates and taxes of the V., or otherwise. The C. Board may enter into agreements on behalf of any V. with the proprietor of any neighbouring pl. or land for the pur- pose of affording to such V. effectual drainage by means of steam power or otherwise for a term of years at an annual rent to be guaranteed by the Col., subject to and conditional on the approval of the C. Court: and upon such approval ord. 26, ’64 to apply mutatis mutandis to the said V. for securing the rent. Any Sup. or V. Council, hereinafter referred to as the applicant, who is desirous to drain the lands or any part of the lands of any V. under the Sup. of the applicant, and in order thereto deems it necessary that new drains should be opened through lands belonging to another owner, or that existing drains in lands belonging to another owner should be cleansed, widened, or otherwise improved, may apply to such owner, who is herein- after referred to as the adjoining owner, for leave to make such drains or improvements in drains through or on the lands of such owner. . Any such application as aforesaid shall be by notice in writing under the hand of the applicant, and shall be served on the owner, and also on the occupier, if the owner be not the occupier, and the notice shall state the nature of such drains or improvements in drains, and shall be accompanied by a diagram VILLAGES. 671 on which the length, width, and depth of the proposed drains or improvements in drains shall be delineated, and shall further - the compensation, if any, which the applicant proposes O pay. The adjoining owner may by an instrument under his hand and signed in the presence of 2 witnesses assent to such applica- tion upon such terms and on payment of such compensation as he may require, and any assent so given shall be binding upon all parties having any estate or interest in the land, subject to the following provisions :— (1) Any arrangement entered into by any adjoining owner under any disability or incapacity, or not having power to assent to such application except hereunder, shall not be valid unless approved by two surveyors, one of whom is to be nominated by the applicant, and the other by the adjoining owner; and each of such surveyors if they approve of the arrangement shall annex to the document containing the same a declaration to that effect, subscribed by them: ' (2) Any compensation to be paid by the applicant to the owner in cases where such owner is under any disability or incapacity, or has not power to assent to such application except hereunder, shall be applied in manner in which the com- pensation coming to parties having limited interests, or prevented from treating and not making title, is applicable under ord. 15, ’46 (see ‘* Compantes ’’): (8) Any occupier other than the owner interested in the lands shall be entitled to compensation for any injury he may sustain by the making of the proposed drains or improvements in drains, so that the claim therefor be made within 12 months after completion of such drains or improvements in drains, the amount of such compensation to be determined in case of dispute by arbitration. The applicant shall deposit or record in the Reg.’s office the instrument containing the assent of the adjoining owner to the proposed drains or improvements in drains as a record of the proceedings between the parties. The adjoining owner shall be held to have dissented from the application made to him if he fail to express his assent thereto within 1 month after the service of the notice of application on him, and in the event of such dissent, the St. J. P., unless the ORD 10, '73 8 87 Assent of adjoining owner. § 88 Record of assent of ad- joining owner, S 89 Dissent of adjoining owner, owner require the same within such period of 1 month tobe . decided by arbitration, shall decide :— : ; (1) Whether the proposed drains or improvements in drains will cause any injury to the adjoining owner, or to the occupier or other person interested in the lands : (2) Whether any injury that may be caused is or is not of a nature capable of being fully compensated by money. ORD 10, '73 t $ 90 Result of decision, S 91 Proceed- ing for assessing con pensation. § 93 Duty of arbitrators, , S 94 Power to clean drains, § 95 Power of adjoining owner to divert drains. 672 MAGISTERIAL LAW. (a) If the decision is that no injury will be caused to the adjoining owner, to the occupier, or to the other parties in- terested in the lands, the applicant may proceed forthwith to make the proposed drains or improvements in drains. (b) If the decision is that injury will be caused to the adjoming owner, occupier, or other parties interested in the lands, but that such injury is of a nature to admit of being fully compensated by money, the J. P. or arbitrators shall proceed to assess such compensation and to apportion the same amongst the parties in his or their judgment entitled thereto ; and on payment of the sum so assessed the applicant may proceed to make the proposed drains or improvements in drains. (c) If the decision is that injury will be caused to the adjoin- ing owner, occupier, or other parties interested in the lands, and that such injury is not of a nature to admit of being fally compensated by money, the applicant shall not be entitled to make the proposed drains or improvements in drains. Ord. 15, ’46, ss. 168-177, both inclusive, with respect to assessing compensation, shall be incorporated herewith, sub- ject to its special provisions. All things in the said ss. autho- rised to be done by 2 Js. P. may be done by the S. J. P.; or, by the promoters of an undertaking, by the Sup. In case of the refusal or neglect of arbitrators, the Gov. and C. of P. may appoint an umpire under s. 172 of said ord. Application of compensation in case of owners under disability as under ord. 15, ’46. The J. P. or arbitrators, in the event of their approving of a scheme of drainage as proposed by the applicant or as modified by him or them, shall cause a diagram thereof to be prepared, and shall certify under his or their hands the correctness of such diagram, and the applicant shall deposit such diagram in the Reg.’s office. After drains have been opened or improvements in drains made, the Sup. may for ever thereafter from time to time as it becomes necessary, enter upon the lands through which such drains have been opened or improvements made for the purpose of clearing out, scouring, and otherwise maintaining the same in a due state of efficiency, and if such drains or improvements in drains are not kept so cleared, scoured, and maintained in a due state of efficiency, the owner or occupier for the time being of the lands through or in which such drains are made may clear out, scour, and otherwise maintain the same in a due state of efficiency, and recover the expenses incurred in such clearing out, scouring, or maintenance in a summary manner. The owner for the time being of the lands through or in which any drain may be opened or improvements in draing made VILLAGES, 6738 in pursuance hereof may fill up, divert, or otherwise deal with such drains or improvements in drains, on condition of first making and laying down in lieu thereof drains equally efficient, and any dispute as to the efficiency of the drains so laid down shall be decided by the C. Board. ; Any person who wilfully obstructs any persons making any drains or improvements in drains in pursuance hereof ;—And any person who wilfully dams up, obstructs, or in any way injures any drains or improvements in drains so opened or made ;— Fine, not excdg. $48, at the instance of the Sup. or any person authorised by the C. Board to prosecute hereunder, All costs, charges, and expenses reasonably incurred by the adjoining owner in respect of any application made in pursuance hereof shall be defrayed by the Sup. out of the V. rates and taxes. The C. Board, or any V. Council, may in their discretion from time to time buy in for the benefit of the V. in which it may be situate any lot which may be levied on for the recovery of V. rates and taxes, and receive title for the same, and thereafter lease, sell, or otherwise deal with the same; and also exempt persons from the payment of V. rates and taxes on account of poverty. All property taken possession of by the Admor.-Gen. under gs. 35 of ord. 6, ’55 shall be sold by him, and title granted to the purchaser under the Admor.-Gen.’s Ord., 65. The amount of V. rates or taxes due in respect to any such property shall be the first charge upon the proceeds of the sale, and the balance only shall be applied under the said s. Any person wilfully damaging, destroying, defacing, erasing the name or names, or otherwise injuring any list, notice, estimate, assessment, or other documents affimed to a conspicuous place in any V. under this ord, :— Fine, at instance of Sup., not excdg. $24, No Sup., Councillor, or Ov. of a V. may purchase, directly or indirectly, or by the intervention of a trustee, or otherwise, any property sold at execution sale for V. rates; and every such purchase shall be void, save as hereinafter provided. Nothing herein contained shall prevent any such officer from purchasing at any such sale any property which it may be necessary for him to purchase in order to protect the interests of himself, wife, or child, nor shall it prevent any V. Council from carrying out s. 98. All persons obstructing or preventing the execution of any of the provisions of this ord. ;—all persons assaulting or obstructing any Ov., driver, or workman in carrying out any of the orders of the Sup. of any V. given in pursuance of the provisions of this ord, : ORD 10, '73 Obstructing or injuring drains, ete. S 97 Costs of application, S 98 Power to buy in lots, and to exempt per- sons from pay- ment of rates on account of poverty. $99 Damaging notices, etc. § 100 Sup., etc., may not purchase properties at execution sales. $ 101 Persons obstructing the execution of this ord., etc., or defiling fresh water canal, 674 MAGISTERIAL LAW. ORD 10, '73 —all persons obstructing or placing any obstruction on any dam, road, street, or bridge, or in any navigation or draining trench, or any fresh water canal, and not removing the obstruction after 8 days’ notice to remove the same ;—all persons bathing or washing clothes in, or otherwise fouling, any fresh water canal :— Fine, at the instance of the Supt. or Insp., not excdg. $24. $ 102 Pro- In default of payment forthwith of penalty for a breach of this ord., cedure in case or any regulation made hereunder, or of any orders and directions made Leal not by the C. Board under ord. 5,62, as exercising the powers of the C, Board of Health—impr., with or without h. 1, not excdg. 3 months, -$103Convie- No summary conviction under this ord. shall be quashed for Bont ee eay want of form. No warrant of commitment shall be held void defect. by reason of any defect therein, provided it be therein alleged that the party has been convicted and has failed to pay the penalty imposed, and provided there be a good and valid conviction to sustain the same. : § 104, Procedure under ords. 19, 56 and 8 and 5, ’68; penalties to be appropriated and paid under ord. 5, '72 (p. 181). $105 Central The C. Board may appoint such person as they may from Se time to time select, to prosecute for breaches of this ord. or of prosecute. any regulation or order or direction to be made by them under ord. 5, ’52, as exercising the powers of the C. Board of Health in the Vs.; and in every such prosecution the production, by the person suing, of a deputation in writing purporting to be signed by the Gov., shall without further proof be sufficient authority for such person to prosecute. ORD 4,75 WATERWAY. The New-Amsterdam Waterway Ord., '75. § 1 Interpre- “The town” =New-Am. “The Board” =B. of Superin- tation clause. = tendence. ‘Public road” =the public highway running from the Ketting between Pls. Lochaber and Vryheid to the town, through Pls. Vryheid, Caraccas, and Mt. Sinai, through certain lands belonging to the town, rented to Pl. Smythfield, and through the Savannah lands belonging to the town, as such public highway is required to be maintained by the Road Ords., or any proclamation thereunder, and including any footway and any bridge, and any adjacent land forming part of such public highway. ‘‘Pipe” =any-long and hollow body, whether cylin- drical or otherwise. ‘‘Pipes’’=not only all pipes for the conveyance of water to the town placed and maintained by the Board in, under, or along the public road, but also all apparatar WATERWAY—AMSTERDAM. 675 and appliances whatsoever connected with such pipes within the limits of the public road. ‘* Road Commissioners” = the Board of Road Com. having under any ord. in force the control of the public road. ‘‘ Commissary” = the Com. of Tax. for the district, and also any other person whom the Gov. may invest with any of the powers, or appoint to perform any of the duties hereby assigned to the Commissary. ‘‘ Secretary” = the person duly appointed to act as Sec. to the Board per- manently or pro tem. ‘‘ Persons” includes corporations, aggre- gate or sole. The Board to use so much of the public road as may be necessary for the purposes of their undertaking. The Board may open and break up the public road, place pipes in, under, or along the same, and at any time alter: the position of any pipes, or renew, repair, relay, or remove the same. The Board may place and maintain pipes under, over, along, or across any trench, canal, or waterway, which may intersect or lie adjacent to the public road; and upon, under, over, along, or across any bridge forming part of the public road. All pipes placed, laid, or relaid by the Board hereunder shall be placed and maintained in such position as shall be approved by the Gov. and C. of P. The Board shall not stop or impede traffic on the public road further than is necessary for the execution of their works, and shall not close against traffic at one time more than one-third in width of the public road, or of any way opening into the public road: and shall not place their pipes so as to interfere in any way with the free use by the persons interested of any navigation or draining or other trench, canal, or waterway, and shall cause ag little detriment or inconvenience as circumstances admit to the persons to or by whom the said trench, canal, or waterway belongs or is used, and shall do as little damage as may be, and, in case of the proprietors or lessees of the land adjacent to the public road digging, making, or using any new trenches, canals, or waterways, the Board shall at their own expense remove and relay their pipes so as not to interfere with the digging, making, or using of such new trenches, canals, or waterways; and the Board shall make full compensation to all persons interested for all damage sustained by reason or in consequence of the exercise of such powers, the amount thereof to be determined by the Gov. and ©. of P., and their decision shall be final. The Board shall not acquire or have any right other than that of the user only in the soil of the public road in, under, or along which they shall place their pipes, or in the soil of any trench, canal, or waterway under, over, along, or across which, or in or to any bridge upon, under, over, along, or across which they shall place their pipes. The Board shall ORD 4, '75 SS 2-5 Powers of the Board. SS 6-8 Re- straints on Board, Compensa- tion. Use of, and no property in road, Disposition of rights, ORD 4, '75 S 9 Alteration of road—effect of on pipes, $ 10 Notice prior tu works, Mode of exe- euting works, § 13 In default of Board doing works, Commis- sary to do them. § 14 Offences, Injury to pipes, Dams, ete. Canals, eto. Dirtying pipe, etc. 676 MAGISTERIAL LAW. not sell, transfer, or lease any of their rights hereunder without the consent previously obtained of the Gov. and C. of P. If at any time hereafter the line or level of any portion of the public road in, under, upon, over, along, or across which any pipes of the Board are placed shall be altered, the public road as so altered shall be the public road for the purposes of this ord.: and the Board shall be bound on receiving one month’s notice in writing from the Com. of such alteration, at their own expense with all convenient speed to remove such pipes, and to replace the same in such position as he may require, or in case of difference between the Board and the Com., as may be determined on by the Gov. and C. of P. Before opening or breaking up the public road, the Board shall give notice to the Com. of their intention to open or break up such public road, specifying the time at which they will begin; such notice to be given 10 days at least before the commencement of the work, except in case of emergency, when it shall be given as soon as may be after the commencement thereof. (8.11) The Board shall complete the work on account of which they shall open or break up the public road with all convenient speed, and shall carry away all rubbish occasioned thereby, and shall fill in the ground, and make good the surface, and generally restore the public road to as good condition as that in which it was before being opened or broken up. (S. 12) While such works are in progress the Board shall cause that part of the public road which is opened or broken up by them to be securely fenced, to be properly watched by day and to be properly watched and lighted at night. If the Board fail to comply with any of the foregoing pro- visions with respect to the opening and breaking up of the public road, the Com. forthwith at the expense of the Board shall make good the parts of the public road opened or broken up, and not properly restored, and shall provide the necessary fencing, lighting, and watching, and the expenses thereby in- curred shall be recoverable from the Board, in any Court having jurisdiction, by the Com. suing in his official capacity. Every person shall be guilty of an offence :— (a) Who shall wilfully injure or do any act tending to injure any pipe placed by the Board hereunder : or any of the machinery or buildings erected for supplying fresh water to or forcing fresh water through the pipes so placed ;—or any dam or sluice of any canal or reservoir dug or constructed for the conveyance, collection, or preservation of the fresh water to be supplied to or forced through the pipes so placed ;—or any such canal or reservoir : (b) Who shall throw or put or cause to be thrown or put into any such pipe, canal, or reservoir any dirt, filth, dead WATERWORKS—GEORGETOWN. 677 animal, or other matter tending to contaminate or corrupt the water : (c) Who shall commit any nuisance on or wash any clothes in any such canal or reservoir : (d) Who shall, without the permission of the Board, make or cause to be made any cut or opening in or through any dam of any such canal or reservoir, or place ;—Or construct or cause to be placed or constructed in or upon any such canal or reservoir, or in, upon, or through any dam thereof, or insert in any pipe, any pump, sluice, pipe, or any contrivance what- ever to be used, or capable of being used, for the purpose of drawing off the water contained in any such sluice, pipe, or reservoir :— Fine, not excdg. $96, and expenses (see 8.16); property to be laid in the Board (s. 17), (e) Who shall bathe in any such canal or reservoir :— Fine, not excdg. $10, and expenses (see s, 16); property to be laid in the Board (s. 17). Procedure under ords, 19, ’56 and 5, ’68, at instance of Sec. Death or change of Sec., or members of the Board, not to abate (s. 18). Fines, payable to Board (semble, by Rec.-Gen. under ord. 6, ’72, p. 181), in aid of the town funds (s.15). Service on Sec. to be service on Board (8. 19). Sec., by authority of Board, to sign documents (s. 20): onus probandi as to the official capacity of the plaintiff to lie on the defendant (s. 21). . Every offender so convicted shall in addition pay all reasonable ex- penses incurred by the Board in replacing, repairing, or making good the injury of causing which he shall have been convicted, to be recover- able by the Board in any Court having jurisdiction. A certificate of the conviction, purporting to be signed by the J. P. who tried the case, or in the event of his death or absence from the Colony, by any other J. P., and an account of the expenses so incurred, purporting to be certified by the Sec., shall, taken together, be sufficient proof to establish, prima facie, the liability of the defendant. Incorporates Protection Ord. 31, 50, (See “ Actions against Justices,” etc., InTROD., p. Xvii. WATERWORKS. Georgetown. Empowers the Mayor and T. C. to construct and maintain waterworks. ‘ Whosoever shall wilfully or carelessly break, injure, or open any lock, cock, waste pipe, or waterworks constructed or main- tained by the M. and T. C. of G, under this ord. ;—Or shall ORD 4, '75 Washing. Meddling with canals, ete. 816. $ 14 Bathing. Ss 15, 17-21. $ 16 Com- pensation, Evidence. 8 22. ORD 31, ’62 81 § 2 Injuring the pipes, etc., or diverting the water, ORD 31, ’62 Reservation as to creek, eto, S 3 Bathing, or fouling the water, $10. $11, ORD 12, ’48 85 1-5. § 6 Oath. 678 MAGISTERIAL LAW. unlawfully flush, draw off, divert, or take water from any water- works so constructed or maintained, or from any water, creek, or stream by which such waterworks are supplied ;—Or shall wilfully or negligently waste or cause to be wasted any water with which he is supplied by the said M. and T. C.:— Fine, not excdg. $24, besides $5 for each day whilst offence is continued after written notice in that behalf by the T. C. Nothing herein contained shall prevent the owners or occu- piers of any premises through or by which any creek or stream may flow from using the same as they would have been entitled to do if this ord. had not been passed. Whosoever shall bathe in any stream, reservoir, conduit, aque- duct, or other waterworks constructed or maintained under this ord. ;—Or shall wash, cleanse, throw, or cause to enter therein, any animal, rubbish, filth, stuff, or thing of any kind what- soever ;—Or shall cause or permit, or suffer to run or be brought therein, the water of any sink, sewer, drain, engine, or boiler, or other filthy, unwholesome, or improper water ;—Or shall do anything whatsoever whereby any water belonging to the said M. and T. C. or under their management or control, or whereby any water contained in any such reservoir, etc., so constructed or maintained as aforesaid shall be fouled :— Fine, as ins. 2. Procedure under ords. 19,56 and 5, ’68, at the instance of the Town Clerk. Lamaha Canal Ord. (p. 877) not affected by this ord. WEHIGHER AND GAUGER. 8. 1 repeals ords. 48, ’30, and 65, °35. 8. 2 abolishes the offices of weigh-master and gauger. §. 8 forbids the carrying on the business of W. or G. with- out a licence from the Gov. 8. 4 allows the same person to act as a licensed W. and G., but forbids merchants, store-keepers, or planters, and clerks or agents of same to act. 8. 5—application for a licence to be accompanied by a certifi- cate from not fewer than 5 persons (merchants and planters) as to competency. “TI, . . , do swear that I will discharge and perform the duties of W., or G., to the best of my knowledge, skill, and ability, and without fear, favour, or partiality of or to any person whomsoever.” WEIGHER AND GAUGER. 679 $5 payable annually for every such licence from and to 31 Dec., on receipt of Rec.-Gen. or Ass., which (or other satis- factory evidence of payment) must be exhibited to the Gov. Sec. before issue of licence. Any person who shall carry on the business of W. or G. with- out being thereto duly licensed :— Fine, not excdg. $100; recoverable by Att.-Gen. The ord. not to prevent parties (or their clerks) weighing their own produce. Every W. or G. shall be bound to keep a register, in which he shall enter the description, marks, weights, and gauges of every package weighed or gauged by him, and shall, on receiving payment for the services by him performed, give off to the party or parties employing him a correct certificate thereof, signed with his name. For weighing every package of sugar, eae or of other article excdg. 10 cwt., per package . : ; - § Do, excdg. 4 cwt., but under 10 cwt., per p: Do. excdg. 2 cwt., but under 4 cwt. . Do. not exedg. 2 owt, For gauging and proving every puncheon, pipe, hogshead, or Pe of rum, or other spirits : For wg. or gg. every puncheon, or other p. of molasses. For gg. every puncheon or one Pe of a ii ne can end herein mentioned . Where a single packet only i is seaibhie or sauei treble the above rates, according to the description of package, shall be charged. The fees (as in s, 10) shall be payable at the time the duty is performed. If the weigher or gauger be required to attend, and his services be afterwards dispensed with, he shall be allowed to charge for such attendance the sum of $1, to be paid by the person who required his attendance, unless such person shall have given notice to the contrary previously to his leaving his office for such purpose. Whenever any colonial produce or other article is weighed or gauged, at the mutual desire of purchaser or seller, the expense thereof shall be equally borne and paid between them. Any w. or g. shall, on receiving notice from any person be- tween sunrise and sunset of any day of the week (other than Sunday, Good Friday, and Christmas Day) immediately (if not then engaged) or within one hour after receiving such notice, proceed to the performance of such of the duties of his office ag w. or g.as shall be required of him, at such place or places within the limits of G. or New-Am., or on board any ship or vessel within the limits of the harbours thereof, which may be appointed by such notice, and there continue his attendance and perform stich duties as long as he may be required. ee bo o oo eo°ooe ao 2m NWHAdNoO ORD 12, ’48 S87. S 8 Acting without licenee. § 9 Register. $ 10 Tariff of licensed W. or G, Single packet, $11 Fees to be paid at the time. $§ 12 Produce wd. or gd. by mutual request. When in at- tendance, ORD 12,’ 48 S$ 14 Neglect of duties. $ 15 False certificate. ORD 13, '51 $ 1 Models and-copies of standard weights and measures, Tnspector of W. and M. ORD 6, '73 88. ORD 13, ’51 $ 2 Superficial measure. Land measure, S 3 Measure of capacity. 680 MAGISTERIAL LAW. Every licensed w. or g. refusing or neglecting, without a reasonable cause, when thereto requested, to perform any of the duties authorised by this ord. to be by him performed, shall, upon proof thereof to the satisfaction of the Gov., forfeit his licence. Every w. or g. who shall have given a false certificate shall, upon evidence thereof to the satisfaction of the Gov., forfeit his licence, and be rendered incapable of again holding the office of a licensed w. or g. 8s. 16 and 17 are now inoperative. WHIGHTS AND MEASURES. The Col. Rec.-Gen. was to purchase (in 1857), for each of the counties of the Col., at the expense of said Col., a model and copy of each of the standards of length, weight, measure, and of each of the parts and multiples thereof mentioned in the preamble of this ord., such models and copies, when so pur- chased, to be compared and verified with the models and copies deposited in H. M.’s Exchequer, as mentioned in said preamble, as therein mentioned. One set of such models and copies so compared, upon their arrival in this Col., was to be placed by such Rec.-Gen. for custody and inspection with a Com. of each of said counties, to be appointed by the Gov., and to be named Insp. of W. and M. for his county, and the same to be produced by the Com., upon reasonable notice, at such time or times, or place or places within his county, as any person or persons shall, by writing under his or their hand or hands, require the person or persons requiring such production paying the reasonable charges of the same. The Gov. may appoint some fit and proper person to be an Insp. of W. and M. for each fiscal district, All superficial measures shall be computed and ascertained by. the standard yard, or by certain parts, multiples, or proportions thereof. Provided always, that the quantities of all lands shall be computed and ascertained by the Rhynland measure. The standard measure of capacity, as well for liquids as for dry goods, shall be the ‘ Imperial Standard Gallon,” which is hereby declared the unit and only standard measure of capacity, from which all other measures to be used, as well for wine, beer, ale, spirits, and all sorts of liquids, as for dry goods, shall be derived, computed, and ascertained. All measures of capa- city shall be taken in parts or multiples or certain proportions WEIGHTS AND MEASURES. 681 of the said Imperial Standard Gallon. The quart shall be the fourth part, and the pint one-eighth, of such standard gallon. Two such gallons shall be a peck. Hight such gallons shall be a bushel, and 8 such bushels a quarter of corn or other dry goods. Whenever it shall be necessary to convert the common wine gallons heretofore in use in this Col. into Imperial galls., 6 wine galls. shall be held and be taken to be equal to 5 Imperial galls., and in the same proportion for any greater or lesser quantity. All articles sold by weight shall be sold by Avoirdupois weight ; except gold, silver, platina, diamonds, or other precious stones, which may be sold by Troy weight: and drugs, which, when sold by retail, may be sold by Apothecaries weight. The weight denominated a stone shall, in all cases, consist of 14 standard pounds Avoirdupois. The weight denominated an hundred weight (cwt.) shall consist of 8 such stones. The weight denominated a ton shall consist of 20 such ewt. Nothing herein contained shall prevent any bargain, sale, or contract being made by any multiple or by some aliquot part, such as the half, the quarter, the eighth, or the sixteenth part of the pound weight. _ All weights made or imported after the taking effect of this ord, of the weight of one pound Avoirdupois or more, shall have the number of pounds contained in every such weight stamped or cast at or on the top or side thereof, in legible figures and letters. All measures of capacity made or imported after the taking effect of this ord. shall have their contents denominated, stamped, or marked on the outside of such measures in legible figures and letters. For the purpose of preventing frauds, by the use of weights made of soft materials, no weight made of lead or pewter, or of ™ any mixture thereof, shall be stamped or used. Nothing herein contained shall prevent the use of lead or pewter, or of any mixture thereof, in the manufacture of weights, if they be wholly and substantially cased with brass, copper, or iron, and legibly stamped or marked ‘ cased,” or shall prevent the insertion of such a plug of lead or pewter into weights as shall be bond fide necessary for the purpose of adjusting them, and of affixing thereon the stamp hereinafter mentioned. The Rec.-Gen. shall provide for the use of each Insp. of W. and M., at the public expense, good and sufficient stamps for the stamping or sealing weights and measures used or to be used in each and every county, which stamps so provided shall be taken to be the stamps of the county for which they shall be provided, and that all weights and measures whatsoever, except as hereinafter excepted, which shall be used for buying and ORD 13, '61 Parts or mul- tiples, Common measure § 4 Avoirdu- pois weight— exceptions. S 5 The stone. Cwt. and ton, $6 W. and M. to be stamped. 8 7 Of what e' Brass, etc., casings. 5 8 Stamps, how provided, 682 MAGISTERIAL LAW. ORD 13, 51 selling, or for the collecting of any tolls or duties, or for the making of any charges on the conveyance of any goods or mer- chandise, shall be examined and compared with one or more of the copies of the Imperial Standard W. and M. provided under the authority of this ord. for the purpose of comparison by such Insp., who shall stamp in such manner as best to prevent fraud \ such weights and measures when so examined and compared, if found to correspond with the said copies; and the fees for such. examination, comparison, and stamping shall be according 1 UBautho- to the scale contained in the sch. to this ord. Every person ormeasnres, Who shall use any weight or measure other than those authorised by this ord., or some aliquot part thereof, as hereinbefore described, or which has not been so stamped as aforesaid, except as herein- after pee or which shall be found light or otherwise unjust :-— Fine, not excdg. $24. Any contract, bargain, or sale made by any such weights or measures shall be wholly null and void, and every such light or unjust weight and measure so used, on being discovered by any Insp. as aforesaid, shall be seized, and on conviction of the person so using or possessing the same, shall be forfeited, broken up, and sold, and the proceeds thereof shall be paid to the Rec.- sane Gen. or his Ass. for the use of the Col. Nothing herein con- " tained shall extend to require any single weight above 56 lbs. to be inspected and stamped, such weight of 56 lbs. being the greatest of the Imperial Standard Weights deposited in the Ex- chequer ; or any wooden or wicker measure used in the sale of lime or other articles of the like nature, or any glass or earthen- ware jug or drinking cup, though represented as containing the amount of any Imperial measure, or of any multiple thereof to Comparison be stamped. Any person buying by any vessel represented as con- cf wooden ™., taining the amount of any Imperial measure, or of any multiple thereof, is hereby authorised to require the contents of such vessel to be ascertained by a comparison with a stamped measure, such stamped measure to be found and provided by the person who shall use such wooden or wicker measure, glass, jug, or drinking cup as aforesaid, and in case the person who shall use such last mentioned measure or vessel shall refuse to make such comparison, or if upon such comparison being made, such wooden or wicker measure, glass, jug, or drinking cup shall be found to be deficient in capacity, the person who shall use the same shall, on conviction, be subject to the forfeitures and penalties herein- * See on this point McLean v. Robeira and L’Ornellas, 1 R, C., 208; pe % Cuckow, id, 83; and Gonsalves v. Cressall—Royal Gazette, ov., 776, : : WEIGHTS AND MEASURES. 683 before imposed on any person using light or unjust weights or measures. ‘“* Use,” says the ord.,—not ‘be found in the possession of.” eee v, Burrowes, 2 R. C., 221; of. 8. 67 of ord. 25, 68, p. 258. seit) Insp. of W. and M. shall enter into a bond or recogni- zance to the Queen in the sum of $500 for the due and punctual performance of his duties under this ord., and for a due and punctual return to the Rec.-Gen., at the expiration of each and every month, of all fees received by him under the authority of this ord., and for the safety of the stamps and copies of the Im- perial Standard W. and M. committed to his charge, and for their due restoration and surrender to such person or persons as may be appointed by the Gov. to receive the same. Every Insp. of W. and M. shall examine, compare, and stamp, if found correct, all such weights and measures as shall be brought to him for that purpose, and shall also upon all measures and upon all weights of a quarter of a pound and upwards stamp a number or mark distinguishing the county in which he acts, and he shall keep a book wherein he ghall enter minutes of all such comparisons, and give, if required, a certificate under his hand of every such stamping. Every Insp. knowingly stamping any weight or measure of any person residing within the limits of another county or district than his own :— Fine, not excdg. $10 for every weight or measure which he may so stamp. . It shall be lawful for every Sheriff, J. P., Mag., and Com., at all reasonable times, to enter any shop, store, warehouse, stall, yard, or place whatsoever, within the county to which he is ap- pointed, or in which he acts, wherein goods shall be exposed or kept for sale, or shall be weighed for conveyance or carriage, and there to examine all weights, measures, stillyards, or other weighing machines, and to compare and try the same with the copies of the Imperial Standard W. and M. required or autho- rised to be provided under this ord. And if upon such enamina- tion it shall appear that the said weights or measures are light and otherwise unjust, the same shall be seized, forfeited, and dealt with as aforesaid :— Fine, on the person or persons in whose possession the same shall be, not excdg. $24, And any person who shall have in his or her possession a steel- yard or other weighing machine which shall on such examina- tion be found incorrect or otherwise unjust ;—Or who shall neglect or refuse to produce for such examination, when thereto, re- quired, all weights, measures, steelyards, or other weighing ORD 13, '61 S 9 Inspectors to give security. $ 10 Duties of Inspectors, § 11 Who may enter shops and inspect w. and m, Light w., ete, W. machine, ORD 13, '61 Ws. found and copy ws. need not be compared in the shop. Contracts for sale, etc., by W. or m. Ratio to standard, § 18 Inspector —neglect of duty by. 684 MAGISTERIAL LAW. ; machines which shall be in his or her possession, or shall othere wise obstruct or hinder such examination :— Like penalty. Gonsalves v. Cressall (4 Nov., ’76)—possession of light weights (ord. 13, ’61, s, 11); question of actual personal possession, and liability of master for act of servant. In M. Gomes v. Burrowes (6 Feb., ’75) the defendant was charged with having in his possession in his shop, in which goods were exposed for sale, situate at, etc.,2 weights: to wit, one 4 lbs. in weight, and one 1 1b. in w., which on examination were found to be incorrect contrary to s. 11 of ord. 13,’51. After reciting ss. 11 and 1 the judgment (which is not signed) proceeds :—“ It was proved that the appellant had in his possession in his shop, in which goods were exposed for sale, 2 ws. which, on comparison with the copy of the Imperial standard ws. and ms. kept by the Com. of T. for G., were found to be light, and the appellant was thereupon sentenced to pay a fine of $10 and costs. It is objected against the conviction that the Com. of T. who visited the shop did not in the shop compare the ws. then found with the authorised copy, but having otherwise satisfied himself that the 2 ws. were light, he took them to G. and had them examined in his presence by the Insp. of Ws. and Mg., and tested by the authorised copy. It is not alleged by the appellant that the weights were just. He begged the Com. to let him off and not to prosecute him. He did not require the copy to be brought to the shop by the Com. The ord. does not expressly require the w. to be compared and tried in the shop. The words ‘seized, forfeited, and dealt with as aforesaid’ do not necessarily mean at one time, but have reference to s, 8, which declares that light ws. shall be seized, and on conviction of the person possessing the same, shall be forfeited, broken up, and sold; all which acts cannot be done in the shop. The Com. entering the shop to examine the weights, detained and removed the weights at hiS own risk; and the weights proving to be light, the defendant was rightly convicted.” All contracts, bargains, sales, and dealings which shall be made or had within any part of the Col., for any work to be done, or for any goods, wares, merchandise, or other thing to be sold, delivered, done or agreed for, by ws. or ms., where no special agreement shall be made to the contrary, shall be deemed, taken, and construed to be made and had according to the standard ws. and ms. ascertained by this ord.; and in all cases where any special agreement shall be made with reference to any ws. or ms. established in this Col., the ratio or proportions which every such ws. or ms. shall bear to any of the said standard ws. or ms. shall be expressed, declared, and specified in such agreement, or otherwise such agreement shall be null and void. In case any Insp., or any other person legally authorised to examine and stamp any w. or m. shall stamp any w. or m. without duly verifying the same by comparison with a copy of the Imperial Standard ;—Or shall be guilty of a breach of any duty imposed upon him by this ord.;—Or shall otherwise mis- conduct himself in the execution of his office :— Fine, not excdg. $24, WILFUL TRESPASS. 685 If any person or persons shall make, forge, counterfeit, or cause or procure to be made, forged, or counterfeited, or knowingly act or assist in the making, forging, or counterfeiting any stamp or mark which shall or may be used for the stamp- ing or marking of any w. or m. under this ord. :— Fine, not excdg. $240, nor less than $48. If any person shall knowingly sell, utter, dispose of, or expose to sale any w. or m. with such forged or counterfeit stamp or mark thereon :— Fine, not excdg. $48, nor less than $10. Every w. or m. with such forged or counterfeited stamps or marks, to be forfeited, broken up, and sold, and the proceeds thereof paid to the Rec.-Gen. If any person or persons shall print, or if the clerk of any market, or other person shall make any return, price list, or price current, in which the denomination of w. and m. quoted or re- ferred to shall denote or imply a greater or less w. or m. than is denoted or implied by the same denomination of the Imperial w. and m. under this ord. :— Fine, on such person or persons, or clerk of the market, not excdg. $5 for every copy of every such return, price list, price current, journal, or other paper, which he or they shall publish. Half fines (after deducting costs and charges) payable to informer— apportionment under ord. 5, 72 (p. 181), Procedure under ords, 19, ’56 and 5, ’68. SCHEDULE OF FEES, To be taken by all Insps. of Ws. and Ms. appointed under this ord. For examining, comparing, and stamping all ws. within their respec- tive jurisdictions :— Each w., from 3 cwt. to a st., both included . - $0 20 » Ww. underast.toalb. . “ ‘ - 012 » Setofws.ofalb.andunder . . . 0 32 3 Wg. machine and steelyard ‘ i . 0 48 For examining, comparing, and stamping all wooden measures within their respective jurisdictions :— Hach bushel . A ‘ ‘ - $0 8 » half bushel s . A - 0 8 y peck, and all under ‘ ‘i ‘ . 0 8 » yard 7 . . . » 08 For examining, comparing, and stamping all measures of capacity of Liquids made of copper or other metal, within their respective jurisdic- tions :— Each 6 gall, ” . \ $0 16 ure . uart and under ‘ 1 Wm bo OO 45 ORD 13, ’51 § 14 Forging any W. or m. § 15 Price lists denoting greater or less w. orm, § 16. 817. ORD 33, ’60 § 1 Who are wilful tres- passers, Exception. Lepers. § 2 Canes, etc., found in possession of wilful tres- passer. § 3 Trespass on stellings, ete, 686 MAGISTERIAL LAW. WILFUL TRESPASS. If any person shall wilfully trespass on any land, yard, " garden, stelling, or premises, or in any canal, trench, or pond, belonging to another person, or to any corporation or company, public or private, and on which, or near to which, there shall be stuck up on one or more conspicuous place or places a notice in large legible letters forbidding in general terms all persons to trespass, and warning them against the consequences of so doing ;—Or if in the absence of such notice, any person shall wilfully trespass as aforesaid, and shall refuse to quit upon request to him made by the owner, tenant, or occupier of any such land, yard, garden, stelling, premises, canal, trench, or pond, or by the agent or servant of any such owner, tenant, or occupier, every such person so wilfully trespassing, and all others aiding or assisting therein, shall be deemed to be wilful tres- passers :— Every such trespasser shall and may be seized and detained by any such owner, tenant, or occupier, agent or servant, or by any person whom he may call to his assistance, until such trespasser can be con- veniently taken before a J. P., and when any such trespasser shall be convicted before a Justice, he shall forfeit a sum not less than $4, and not excdg, $24, Every labourer or other person having or occupying any house or cottage, or any room in any house or cottage on any pl. or settlement having an open path or road leading from the public road to such house, cottage, or room, and his relations, family, and visitors, shall not be considered a trespasser or trespassers by passing along or upon such open path or road. As to lepers, see ord. 18, ’70, 8. 15 (p. 407). If any trespasser aforesaid, at the time of his trespassing, shall have or be in possession of any canes, coffee, plantains, bananas, fruit, or vegetable production similar in kind: to any growing or being in or upon any such land, garden, or premises, or of any fish similar in kind to any then or immediately theretofore in any such canal, trench, or pond, it shall be lawful for the owner, tenant, or occupier, agent, or servant as aforesaid, to seize anddetain all such canes, etc., and fish, until such tres- passer shall prove to the satisfaction of a J. P, that the same has not been taken or obtained out of or from such land, etc. ; and in the event of any such trespasser not proving to the satisfaction of such J. P, that such canes, etc., are or is his property, the same shall be delivered to such owner, etc., to be by him disposed of as he may think fit. Nothing in this s, shall prevent the conviction of every such trespasser under s, 1. If any person shall fasten any boat, batteau, punt, corial, vessel, craft, raft, or float to any private stelling, wharf, or WILFUL TRESPASS. 687 landing place, or any part thereof, or shall bring, place, or put any boat, etc., in any private trench or canal, whether the same ‘be used or not for drainage or otherwise, or shall put or place any article whatsoever upon any such stelling, wharf, land, or landing place, or in or over any such trench or canal, on which or near to which there shall be stuck up a notice in large legible letters forbidding in general terms all persons to trespass, and warning them against the consequences of so doing, without the leave of the owner or person in possession of such stelling, etc., or without some pressing necessity, such person shall be deemed a wilful trespasser :— Every such trespasser, boat, etc., may be seized and detained by the owner or person in possession of such stelling, etc., or by his agent or servant, and complaint made to a J. P., who, upon proof to his satisfac- tion, shall adjudge such person to be a wilful trespasser, and to forfeit a sum not less than $4, and not excdg. $24. In the event of any damage being done to any such stelling, wharf, landing place, trench, or canal, or of any penalty being ORD 33, ’50 Damage to stelling, etc. imposed, such J. P. shall order such boat, etc., to be publicly © sold within 10 days thereafter, and out of the proceeds thereof shall pay to the owner or person in possession of any such stelling, etc., the amount of the damage by him had and suf- fered, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid. “ A son of a devisee of an interest in an estate cannot be called a tres- passer.” (Snagg C. J. in Mollyneaux v. Schulz, 2 BR, C., 227.) “ Wilful” trespass is peculiar to Colonial law. (Rodney v. Rodney, 1R, C., 234.) In Clarke v. Grey (1 R. C., 65) the deft. was convicted of a trespass on an estate road leading to a koker. Appellant was a fisherman, and his boat was anchored a rood from the shore, near an estate stelling. Whether the precise locus in quo was between high and low water mark did not appear. The prosecution proceeded throughout upon the assumption that provided the statutory requirements of putting up a notice-board was complied with, the mere fact of a person being found on land covered with water in front of a pl., between high and low water mark was sufficient to constitute him a trespasser within s. 5. If this construction were to be upheld, a person sailing at the distance of perhaps } mile from the shore, but between high and low water mark, might be convicted by the proprietors of some of our coast estates. The general rule of law is stated by Grotius (p. 61):—“The sea and.the shore, when it is covered, may be freely used by every one of common right, without however injuring another.” The offence under the ord. is that of entering upon the land in front of a pl., whether covered with water or not, between high and low water mark, and there destroying, etc., any fish, etc., or attempting go to do. There was no evidence that deft. had caught or attempted to catch fish on the locus in quo. Conviction quashed. (Benjamin v. Bascom, 2 R. C., 50.) ; A deft, having 20 cows, in consequence of a notice from the manager, Devisee not a trespasser. Wilfulness, Estate road. Anchorage near estate stelling. Fishing, Estate pastu- rage, ORD 33, '50 Estate labours ers, Estate mule- pen. Estate build- ings, Estate trench, 688 MAGISTERIAL LAW. drove them off the pasture of the pl. One strayed, and the deft. returned to the pasture to look for it, and was charged with trespassing. Ac- quittal affirmed, (Barclay v. Twan, 2 RB. C., App. 60.) A deft, having proved buying some cut timber on the waterside of a pl., was held not guilty of trespass in removing them, (Austin v. Moses, 1B. C.,, 19. A ra laa after leaving a pl. was subsequently found there, on the pretext, as she alleged, that her mother, a located labourer on the said pl., had sent for her, and that while there she had been delivered. The only witness examined could not depose whether or not she was in her mother’s house, and the case was dismissed for insufficiency of evidence. Affirmed. (Bascom v, Norton, 2 R. C., 65.) The deft. asked leave to visit his godmother, the matron of the hospital. The leave was intended for the particular occasion, but managercould not say the boy so understood it. The deft. took a way through the mule- pep, his nearest, but not the proper way. No proof was adduced of any notice-board near the pen, and the case was dismissed. Affirmed. (Arthur v, Moore, 2 R. C., 695) “No one reading a charge of ‘ wilful trespass on the lands of a pl.’ would suppose that it was intended to charge a labourer residing on the pl. with wilful trespass in entering the boiling house. This Act was particularly directed against wilful trespassers on lands, yards, gardens, ,Stellings, or premises, canals, trenches, or ponds, ete. The word ‘ build- ing’ does not occur in the ord., except in s, 10, which is not a clause giving jurisdiction, and the word ‘ premises,’ though in ordinary language including buildings, when taken in conjunction with the preceding and succeeding words, does not necessarily have that signification. The 4ths., which authorises the seizure of horses and animals driven or led upon the lands or premises trespassed upon, tends also to narrow the construction of the word ‘ premises,’ Lands can be more easily entered without obser- vation than buildings, the entry upon which may be repelled, and when effected, the remedy by ejection, molditer manu, more easily effected. Under this ord. the Mag. might consider the object of the woman, deft. She might be a trespasser, though not a wilful trespasser, and the.Mag., if persuaded of her excuse, was not bound to find she was a wilful trespasser. The ord. is penal, making wilful trespass an offence for which the Mag. cannot award a fine less than $4, so that if literally enforced it might be worked with terrible effect against located labourers. The woman’s defence was that she went to the buildings to the head boilerman, a person of some authority and trust, a friend of hers, with a saucepan with food, which she had done before, and that she gave it to him and wentaway. It was not denied by the manager that the woman had done this before, nor shown him that she had been warned not to do so, A mere trespass-board erected on the pl. was not, I think, sufficient in the case of a located labourer without express notice, or the clear under- standing that the located labourers were not at liberty to enter the build- ings when not actually at work there.” Dismissal of case affirmed. Snageg OC. J. (Thornhill v. Pilgrim, 2 R. C., 192). In Adams v. Agard, 2 R. C., 198, the appellant landed from a boat in the trench of a pl., from which boat goods were being discharged, and he returned to the stelling (Good Success), which is not in the public road. “ The appellant had been warned not to trespass, and there was a notice- board near the trench. The appellant was arrested by order of the respondent as a trespasser, and stated as his defence that he came from town as a passenger in the boat, the ownership of which was not shown, When the boat got to its destination the appellant could not do other- wise than land, but he knew where he was going and had been warned not to trespass, and ought not to have gone to a private trench without WILFUL TRESPASS. 689 leave. The appellant has had the hard lines of a rigorous law laid upon him, but the Mag. awarded the least penalty allowed by the ord. The adjudication cannot be said to be illegal, and the Court declines to inter- fere with the conviction” (Snagg C. J.). With all due deference it may be said that the Court of Review had a golden opportunity of palliating the hardship by remission of the fine and being content that the appellant should have learnt a lesson—ED. Ardolah v, Barclay, 2 RB. C., App. 19, Smith C. J. (Acting) :—“ W. B. did not appear to prosecute his complaint as he should have done under ord. 19, ’56, and the only evidence in the case is that of the overseer, who deposed that about 3 weeks previous to the issue of the summons the deft, had been ordered by W. B. to leave the estate, that he did not do so, and that on the day in question he was still on the estate, and quarrelled with some Coolies. The order was not enforced. The deft, was allowed still to remain on the estate, and there is no proof of any refusal to quit, upon request made within the meaning of s, 1 of this ord. upon the day in question.” Conviction quashed. In Thornhill v, Tacour (24 Oct., ’74) a dismissal of a case for wilful trespass on a pl. was affirmed, If any person so trespassing as aforesaid shall carry, lead, or drive on the land, garden, stelling, or premises on which any such trespass is committed, any horse, mule, ass, or other animal, or shall put or place, or cause to be put or placed, on any such land, ete., any cart, wheelbarrow, or other vehicle, any building materials, any tools or implements of any kind or description whatsoever, any timber, firewood, or other wood, or any article, matter, or thing, of any kind or description what- soever :— Every such horse, etc., cart, etc., building material, etc., shall and may be seized and detained by the owner, tenant, or occupier of any such land, etc., or by the agent or servant of any such owner, etc., and com- plaint made to a J. P., who, upon proof to his satisfaction that any person trespassing as aforesaid has carried, led, or driven on the land, etc., on which any such trespass is committed, any such horse, etc., or has put or placed, or caused to be put or placed, on any such land, etc., any such cart, etc., etc., shall order the same to be publicly sold within 10 days thereafter; and out of the proceeds of the sale thereof shall pay the amount of any damage by any such owner, etc., had and suffered in virtue of any such trespass as aforesaid, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid. If any person shall be found in or upon, or shall enter in or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek, or stream, or upon the sea coast in front of any pl., or estate, or land belonging to any private person, or to any corporation or company, public or private, on which or near to which there shall be stuck up a notice in large legible letters forbidding, in general terms, all persons to trespass, and warning them against the consequences of so doing, without leave of the owner, tenant, or occupier of such ORD 33, ’50 Prosecutor must attend in person, S 4 Horses, etc., used in trespassing. $ 5 Trespass on lands between water marks, ORD 33, 50 Boat, ete., used in the trespass, Fish, etc., in possession of trespasser, 8 6 Landing to cut wood, ete, Boat, etc., used in tres- pass, 690 MAGISTERIAL LAW. pl., estate, or land first had and obtained, and shall there destroy, ensnare, catch, or take, or attempt to destroy, ensnare, catch, or take, any fish, crabs, or other animals :— Every such pérson may be seized, detained, and conveyed by such owner, etc., before a J. P., and upon conviction thereof, shall be declared a wilful trespasser, and shall forfeit a sum not less than $4, and not excdg. $24. If at the time of committing such trespass, any such person shall have with him any boat, batteau, punt, corial, vessel, craft, raft, or float, or any seine, net, fishing-tackle of any kind or description, or other implements for destroying, ensnaring, catching, or taking fish, crabs, or other animals, the same shall also be seized and detained by such owner, etc.,and if such person shall be adjudged a wilful trespasser, such J. P. shall order the same to be publicly sold within 10 days thereafter, and out of the proceeds thereof shall pay the amount of any damage by any such owner, etc., had, etc., asin s, 4. (See Clarke v, Grey, p. 687.) If at the time of the seizure of any such person trespassing as aforesaid, he shall have any fish, crabs, or other animals, dead or alive, in his possession, the same shall be carried before such J. P. as aforesaid, who, if such person shall not be able to prove that he caught or obtained such fish, crabs, or other animals at or from some other place than that upon which he was found trespassing, shall order such fish, crabs, or other animals to be delivered to the owner, etc., of such pl., estate, or land, or to his agent or servant, to be disposed of as he may think fit. If any person shall be found in or upon, or shall enter in or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek, or stream, or upon the sea coast in front of any pl., or estate, or land belonging to the Crown, or to any corporation or company, public or private, or to any person, on which, or near to which, there shall be stuck up a notice in large letters, forbidding, in general terms, all persons to trespass, and warning them against the consequences of so doing, without leave of the owner, tenant, or occupier of such pl., estate, or land in front of which such land between high water mark and low water mark, or upon the bank of any river, etc., is situated, first had and obtained, and shall there cut down, cut up, or gather any wood, timber, or tree, or any part thereof, whether the same be growing or fallen, or shall dig up, remove, or carry away any soil, caddy, sand, or shells :— Every such person may be seized, detained, and conveyed by such owner, etc., or by the agent or servant of any such owner, etc., before a J. P., and upon conviction thereof by such J. P, shall be declared a wilful trespasser, and shall-forfeit a sum not less $4, and not excdg. $24, If at the time of committing such trespass any such person shall have any boat, etc., or any axe, hatchet, cutlass, saw, or other tool or imple- ment used for or capable of felling trees, or cutting or splitting wood, or of digging, lifting up, removing or carrying away any soil, caddy, sand, WILFUL TRESPASS. 691 or shells, the same shall also be seized and detained by such owner, etc., or by his agent or servant, and complaint made to a J. P., who shall order the same to be publicly sold within 10 days thereafter, and out of the proceeds thereof shall pay the amount of any damage by any such owner, etc. (as in s. 4), had and suffered in virtue of any such trespass, and shall deduct the amount of the penalty inflicted upon any such tres- passer. If such trespasser shall have ready for removal any timber, wood, soil, caddy, sand, or shells, the same shall be declared to be forfeited, and shall be delivered over by order of such J. P. to the owner, etc., his agent or servant. If any person shall pull down, injure, or destroy any board or notice, put up or affixed, as required by this ord., for the pur- pose of forbidding and warning trespassers, or shall obliterate any of the letters or figures thereon :— Fine, not less than $12, nor excdg. $24, Out of such penalty when recovered shall be paid by the J. P. the expenses attending the restoration of such board or notice (the amount of which expenses shall be determined by the J. P.), and the balance, if any, shall be paid by such J. P. to the Rec.-Gen. N.B. Under ord. 5, ’72 (p. 181) the whole is payable to the Rec.-Gen., who apportions. Bvery member of the P. F., and every Constable, shall assist in the arrest and apprehension of any trespasser whenever called upon by the owner, tenant, or occupier of any land, premises, garden, canal, trench, pond, stelling, wharf, or landing place on which such trespass shall take place. Every J. P. in this Col. may act and entertain and adjudicate upon all matters brought before him under this ord. It shall not be lawful for any J. P. to determine any case of trespass in which it shall appear that the right or title in and to the lands, buildings, or premises, wherein the trespass is alleged to have been committed, shall be at issue between the alleged trespasser and the-party in possession. See Rodney v. Rodney, 1 R. C., 233, and 2 RB. C., 4; and also Albert v. R. C., App. 42. ; mee this 8. the fried fobibi of the Mag. is not ousted if the trespass is vi et armis, and in breach of the peace. (Rogers v. Pequeno, 1 R. C, 142.) ply e Mag. may very usefully, in some cases, exercise his influence in saMering ane outtling aienuites on such grounds, but he has nothing to do with the substantial merits of the claim ; if he sees that there are cir- cumstances which may give rise to its being made bond fide (ib.). ‘A decision as to the bond fides of the claim may be appealed against. (Gomes v. Green, 1 R. C., 187.) ; : : Paley says:—“If a colour of title appears to be in question, how- ever weak the claim may appear to be, it will be sufficient to oust the jurisdiction.” -ORD 33, ’60 $7 Pulling down or oblite1- ating notices. Expenses of restoring board, S 8 Duties of police, S$ 9 What J. to act. $10 Where title to lands in dispute. ORD 33, ’60 692 MAGISTERIAL LAW. In Dawson v. Gonsalves(18 Nov.,’76)—a case of trespass—the case was dismissed as involving a question of title. The question was whether the trespass was committed on the lands of Pl, A., or whether the alleged trespasser was seen cutting wood on Pl. A., or on the lands of Pl. T. M.; and the Mag. had therefore to determine the boundaries of the estates— the complainant’s counsel putting in transports as evidence—and the Mag. therefore held his jurisdiction ousted. In Gomes v. Green, 1 R. C., 187, it was laid down that a decision of a Mag. as to the bond fides of a claim is appealable. Paley says, that if a colour of title appears to be in question, however weak the claim may appear to be, it will be sufficient to oust the summary jurisdiction. He also advises Mags. to confine their enquiry on this point: Was the act done under supposed authority, and was the plea honestly set up, and not for the mere purpose of screening the offender? To suspend the summary jurisdiction, the plea must be more than a mere assertion or a suggestion of title. ; In Heywood v. Young, 1 R. C., 189, the alleged trespass was that H. took his boat into Y.’s draining trench, alleging a right to take it there, which Y. disputed. The Mag. convicted, and H. contended that the Mag.’s jurisdiction was ousted, Beaumout C. J. said:—“ I am of opinion that it clearly had that effect, and therefore the proceedings before the Mag. must be set aside. Nothing can be clearer than this s., which indeed only follows out the general law: for independently of this provision, although the Mag. might have jurisdiction to entertain such a case, he could only decide it in one way. Itis quite a mistake to suppose that a proceeding of this nature isa proper mode of dealing with every com- plaint of trespass; as it is equally a mistake in another direction to suppose that any proceeding of a violent nature or in breach of the peace is in any way affected by the provisions of the ord, in question, which provides a summary process of a criminal nature for the conviction and punishment of persons committing ‘ wilful trespass,’ and the plainest principles of the common law and common justice would of course pre- vent a Mag. from convicting a person of such offence who acted by mis- take or oversight, a fortiori, when he acted in maintenance of an alleged right; but it would be a monstrous hardship that cases of this latter description should be even investigated before a Mag. ; involving, as they would naturally do, every kind of question as to the title to and rights in real property, the Legislature has been careful to exclude the summary jurisdiction in them altogether. No doubt a Mag. ought not to allow himself to be blinded by a mere pretence of a claim on the part of the accused person, and as it would be easy for any one to set up such a pretence of claim, he would probably be justified in many cases in dis- regarding a mere statement. But in order to justify the ignoring of such a claim, it must appear that it is a mere excuse, and that none of the cir- cumstances of the case alleged disclose any foundation for it; by whch T do not mean any adequate legal foundation, but any foundation for a bond fide though a mistaken claim ; and I should add that there appears to be here a material effect attributable to the s. referred to. For as the true effect of thats. appears to be to oust the jurisdiction, the deft., if well advised, would not plead to the charge, but would object to the jurisdiction ; and if that objection were not admitted, might claim to be heard upon his own oath, or other testimony in support of it, With this sole object, therefore, the Mag. may in such a case investigate the deft.’s objection, viz., merely to learn that it is made bond fide. Butthat is the limit to which he may enquire into the claim, He has no power whatever to enquire or determine whether it is in itself more or less sound, probable, or mistaken. If the deft. really acted in the belief that he had a right to do the act complained of, he is not guilty of WILFUL TRESPASS. 693 ‘ wilful trespass,’ or subject to summary process of a criminal nature. The judge sitting in Review has the same jurisdiction as the Mag.” Nothing herein contained shall prevent any person from pro- ceeding by way of civil action to recover damages in respect of any trespass on his land or property, save and except that where any conviction shall have taken place under this ord. for and in respect of any such trespass, no action at law shall be maintain- able for the same trespass, but that such conviction shall be a bar to any such action, and may be given in evidence on the general issue, or the contrary conclusion in the cause. Procedure under ord. 19, 56 and 5 ’68. Interpretation Clause. All persons who shall be found trespassing upon any grounds, buildings, yards, offices, or other premises whatsoever belonging or appertaining to any prison within this Colony, or who shall enter the same without being duly authorised :— Fine, not less than $10, and not excdg. $50, ORD 33, ’50 § 11 Coneur- rent right of civil action, Conviction a bar to an action, 5 12, § 13, ORD 12, '62 § 46 Upon prison premises, APPENDIX. APPENDIX. EDUCATION. ‘The Elementary Ed. Ord., 76.” In this ord., unless the context otherwise requires :— ‘“‘ Parent ’=guardian and every person who is liable to main- tain, or has the actual custody of any child, and every male person cohabiting with the mother of any child, whether he be the parent of such child or not. ‘¢ Father "=the reputed father, and every male person co- habiting, ete. (as before). ‘‘ Child "=a child between 5-12 yrs. “Teacher ”"=asgsistant, pupil, sewing mistress, and every per- son who forms part of the educational staff of a school. ‘‘ Board of Education =the B. of Ed. in B. G. (for rest of s. see p. 700). “The Board of Ed. Ord., ’76.” Ord. 4, ’62 repealed. For the purpose of promoting education, a Board shall be, and the same is hereby established, to be called the B. of Ed., -and to consist of not less than 10 members, including the Chairman. The members of the B. shall from time to time be appointed by the Gov. and C. of P.; and one of them shall be ap- pointed by the Gov. to be Chairman; who, and the other members, shall hold office during the Gov.’s pleasure. Each member, subject to the Gov.’s pleasure, shall hold office for 2 years, and shall vacate office on the expiration of such term, or on leaving the Col. Any member whose term of office shall have expired may be again appointed. The B., under the direction of the Gov., and subject to this ord., shall conduct the administration and management of all moneys which may be voted by the Legislature towards the support of Ed. in this Col., and shall supervise and control all ORD 14, '76 $ 1 Short title. $ 2 Interpreta- tions. “ Parent.” “ Father.” “ Child,” “ Teacher.” “* Board of Education.” ORD 16, ’76 5 1 Short title. 52. S 3 Board of Ed. established. § 4 How members ap- pointed. § 5 Duration of office. Re-appoint- ment. S 6 Powers of ORD 15, '76 S 7 Expendi- ture of money. $ 3 Appeal v, resolution or order of the B. 5 9 Quorum, The chair, Meetings. 8 10 Casting vote, Entry on minutes. 8 11 Secretary, 8 12 Extract minutes. $ 13 Inspeo- tors of Schools. Present In- spector, § 14 Duties of the B, 698 APPENDIX. schs, and the teachers of all schs. supported by, or receiving aid from, the Col. revenues. No act of the B. which directly or indirectly relates to the expenditure of any money which may be voted by the Legisla- ture towards the support of Ed. in this Col., or of any portion of the Col. revenues, shall be valid or have any effect until ap- proved of by the Gov., in writing. If any person affected by any resolution or order of the B. shall consider himself aggrieved thereby he may appeal to the Gov. The Gov., at any time, and whether any appeal shall have been made to him or not, shall have full power to request the B. to reconsider any resolution or order of the B.; and, if the B. shall decline to alter or rescind any such resolution or order when requested so to do by the Gov., the Gov. may alter, modify, or revoke any such regolution or order; and thereupon such alteration, modification, addition, or revocation shall have the same effect as if the same had been made by the B. All powers of the B. may be exercised at meetings at which not fewer than 5 members shall be present. At every meeting the Chairman, if present, and in his absence 1 of the members of the B. present, chosen by the members present, shall pre- side. The B. may act notwdg. any vacancy. Meetings of the B. shall be convened by the Sec. under the direction of the Chairman, and held as occasion may require. In case of an equality of votes at any meeting of the B., the Chairman, if present, and, in his absence, the presiding member, - shall have a casting vote. Any member of the B. who may have been present at any meeting may require that his opinion, and any reasons for the same that he may have stated at the meeting, be entered on the minutes. H. M. may from time to time appoint a See. to the B., ata salary provided by the Gov. and Combined Court, to hold office during pleasure. Any extract minute of the proceedings of the B., certified as a true extract by the Sec., shall be evidence in all Courts without further proof, or production of the original. H. M. may appoint an Insp. of Schs., and the Gov. may ap- point 1 or more Ass. ditto, at salaries provided by the Gov. and Combined Court, to hold office during pleasure. Nothing herein contained shall prejudice or affect the appointment of the Insp. of Schs. now in office, or shall require him to be re-ap- pointed; but he shall be subject to this ord. as if appointed thereunder. To frame regulations :— (1) For the guidance of the Insp. or Ass. do,, in the dis- charge of his or their duties : EDUCATION. 699 (2) For the government and discipline of all schs. of every kind which may receive aid from the Col. revenues, and of the teachers thereof : (8) For establishing a proper classification of teachers and a due standard of qualification, and for regulating the appoint- ment, duties, and payment of teachers : (4) For securing a just and equitable distribution and appro- priation of all funds at the disposal of the B. for the training and salaries of teachers, the support of day industrial schs., the rent and repair of schoolhouses, the supply of sch. books, maps, and furniture, and all other incidental expenses : (5) And generally, for maintaining an efficient system of d. :— To be laid before the Gov. and C. of P. (who may alter or amend the same) for approval, the same as finally settled by the Gov. and C. of P., to be published in the O. G. for general information, and be thereupon legal, valid, and binding upon all concerned, The Insp. of Schs. shall submit annually, to be laid before the Gov. and C. of P., a report on the state of primary Ed. throughout the Col., in such form and containing information with regard to such particulars as the B. shall direct. The Insp. of Schs. and every Ass. do., shall enforce the regu- lations of the B., and visit and inspect every sch. under the control of the B. at such times and in such manner as he shall be instructed by the B. The B. shall lay before the Gov. and C. of P., on or before 1 Feb. in each year, an exact account of the receipt and ex- penditure of all moneys placed at their disposal for educational purposes, and an estimate of the sum likely to be required for such purposes during the year then next ensuing. The Insp. of Schs. and every Ass. ditto. shall have full power and authority to enter, visit, and inspect every sch. or school- house and all the premises or offices used therewith, where the managers of the the sch. shall have received or shall have ap- plied for any aid from the Col. revenues within the then next preceding 12 months. If any teacher in any sch. receiving aid from the Col, revenues shall be charged by any person with immoral conduct or cruel or improper treatment of any of the children attending such sch., the B, may direct the Sec. to transmit a statement speci- fying the particular acts in respect of which the charge is made to the St. Mag. of the jud. dist. within which such sch. is situ- ate; and the said St. Mag. shall thereupon cause a copy of such statement to be served on such teacher, together with a sum- mons requiring such teacher to appear before him at any time to be therein appointed, but not less than 8 days from the day of ORD 15, '76 § 15 Inspec- tor’s annual report. § 16 Schools to be inspected, $17 Board to make annual report for Gov. and C. of P. $ 18 Insps. may inspect every school re- ceiving aid from Col. revenues, 8 19 Com- plaints against teachers by B. ORD 165, '76 5 20 Suspen- sion, etc., of certificate. § 21 Rules. $ 22 “The B, of Ed.” $ 23 Com- mencement of ord, ORD 14, 76 S 2 ‘‘Certifi- cate of profi- ciency.” “Managers.” “School- house.” “ Colonial grant.” “‘ Wlementary school,” “ Public ele- mentary school.” “Colonial school,” “Tndustrial school.” “Day in- dustrial school,” 700 APPENDIX. the service of such summons. The teacher may, if he think fit, answer the particulars of the complaint in writing, or may plead orally that he is not guilty ; and the Mag. shall proceed to hear the said complaint, and take evidence on oath in the same manner as if the said complaint were a complaint in a civil matter over which the St. J. P. had jurisdiction, and the teacher the deft. therein; and the said Mag. shall transmit to the Sec. of the B. the evidence taken by him, with a report of what in his opinion is the effect and weight of such evidence. If any teacher holding a cert. granted by the Insp. of Schs. or other authority in this Col., shall in the opinion of the B. be guilty of immoral conduct or of cruel or improper treatment of any of the children under his charge, the B. may cancel such cert., or suspend the operation thereof for such time as to them shall seem meet. The rules and regulations passed by the B. of Ed., and as altered and approved by the Gov. and C. of P., and ordered to come into force on 1 Jan.-’77, shall continue in force until altered or repealed under the provisions of this ord. Wherever in any ord. now in force the B. of Hd. is referred to, such expression shall be taken to mean the B. of Ed. esta- blished by this ord. This ord. shall come into operation and take effect on 1 March, ’77. “ Certificate of proficiency” = a cert. of prof. in reading, writing, and elementary arithmetic given and signed by the Insp. of Schs., or by an Ass. do. “Managers,” when used with reference to a sch., = all persons who have the management of any el. sch., or of any day industrial sch., whether the legal interest in the school- house is or is not vested in them. ‘‘ Schoolhouse” = a playground and all offices required for a sch. “Colonial grant” =a grant made for the support or in aid of an el. sch. or day ind. sch., either annually or otherwise, from the revenues of the Col. “Elementary school’ =a sch. or department of a sch., at which el. ed. is the principal part of the ed. there given. “ Public elementary school” = an el. sch., the managers of which receive any Col. grant. ‘Colonial school” == a sch. established by the B. of Ed. and maintained from the Col. revenues. “Industrial school” = an ind. sch. established and main- tained by the Col. “Day industrial school” — an ind. sch. where the scholars are not provided with lodging, and which is licensed by the B. of Ed. EDUCATION. 701 ‘‘ Educational district officer’ = any officer appointed to earry out the provisions of this ord. in any edl. dist. The Gov. may, with the advice and consent of the C. of P., by proclamation to be published in the O. G., declare that any portion of the Col. specified in such proclamation shall form a district for educational purposes; and such district shall be called an “ educational district”; and the Gov. may, with the like advice and consent and in like manner, add to or diminish the number of such dists., and alter the limits of any dist. as from time to time may appear to be necessary. For more effectually carrying out this ord. the Gov. may appoint one or more officers for each ed]. dist., who shall hold office during the Gov.’s pleasure ; to be called edl. dist. officers ; salaries as provided by the Gov. and Combined Court. It shall be the duty of the edl. dist. officer :-— (a) To keep a register (Form 1) of all children under the age of 12 years, and whether under the age of 5 years or not, residing in his dist. : (6) To ascertain and report to the Sec. to the B. of Ed. every parent of every child resident within his dist. who has failed or is omitting to cause his child to receive efficient ele- mentary instruction in reading, writing, and arithmetic: (c) To enforce the provisions of this ord., and to prosecute all persons not complying therewith: (d) To sue for and recover the school fees herein required to be paid, and generally to follow such directions as may be laid down for his guidance by the B. of Hd. 7 Every edl. dist. officer shall have authority to enter any yard, ,,' house, building, or place, between the hours of 6 a.m. and 5 p-m. of any day in the week except Sunday, and there make enquiries as to any child who may there reside or be employed. Every person who shall hinder or obstruct any edl. dist. officer in the performance of his duty ;—Or, who shall wilfully make any false representations to any edl, dist. officer with respect to the age or employment of any child, whether such child shall be under 5 years or not ;—Or, who shall wilfully refuse to afford to any edl. dist. officer, reasonably requiring the same, any information, of which such person shall be possessed, as to the age or employ- ment of any child, whether such child shall be under 5 years or not,—shall be guilty of an offence :— Summary fine, not excdg. $10. It shall be the duty of the parent of every child to cause such child to receive efficient elementary instruction in reading, writing, and arithmetic, and if such parent fail to perform such duty, he shall be liable to such orders and penalties as are pro- vided by this ord, 46 ORD 14, '76 “Educational district officer.” $ 3 ‘‘ Educa- tional districts.” § 4 Educa- tional district officers—ap- pointment of : 8 5 Duties of ; S 6 Powers Obstructing, ete., do, 8 7 Duty of parent to edu- cate child, ORD 14, '76;, S$ 8 How parent omitting to educate child may be pro- ceeded against, “ Reasonable excuses,” $ 9 Child found habitually wandering or * FORM 2,88 Complaint against parent for not educating child, + FORM 3,8 8 Order on. parent for attendance of child at school, 702 APPENDIX. If the parent of any child habitually and without reasonable excuse omits to provide efficient elementary instruction for his child, an edl. dist. officer may prefer a complaint against such parent before a Sp. J. P.; and such J. P., if satisfied of the truth of such complaint, shall make an order that the child do attend some sch. named in the order, being either such as the parent may select, or, if he do not select any, then such pub. el. sch. as the J. P. considers expedient; and the child shall attend such sch. every time the sch. is opened, or in such other regular manner as is specified in the order. Any of the following reasons shall be deemed a reasonable excuse :— (1) That there is not within 2 miles, measured according to the nearest road, from the residence of such child, any public elementary sch. or any day industrial sch. open which the child can attend; or (2) That the absence of the child from sch. has been caused by sickness or any unavoidable cause. Complaints under this s. may be in the Form 2,* and every order under this s. may be in Form 3.+ If any child is found habitually wandering or not under proper control, or in the company of rogues, vagabonds, dis- BRITISH GUIANA. The Complaint of ... an Edl. Dist. Officer, taken before me, the under- signed, one of H. M.’s Sp. Js, P. in and for the Col, of B. G., at... in the County of ... this... dayof...18..,whosaith that. .., residing at... , in the said County, being the parent within the mean- ing of “The El. Ed, Ord., ’76,” of the child named... , and which child is above the age of 5 years and under the age of 12 years, has for the period of . . . next before the date of this complaint habitually and without reasonable excuse omitted to provide efficient elementary educa- tion forh . . said Child the said . . . in contravention of the said ord., and thereupon he the said Edl. Dist, Officer makes application that the said .. . may be dealt with according to law. A.B Taken, before me, the day and year and in the place above men- tioned, (C. D.) 8. J.P. BRITISH GUIANA, County of . . . to wit :-— @; Be it remembered that on the... day of... 18. . complaint was made before one of H. M.’s Sp. Js. P. in and for the Col. of B. G., by ... an Edl, Dist. Officer that ... residing at . .. in the county of .. . being the parent ., . within the meaning of “The El. Ed. Ord., 76,” of the child named .. . who is above the age of 6 years and under the age of 12 years, had for the period of . . . next before the said... day of ...18.. habitually and without reasonable excuse omitted to provide efficient elementary education for the said child the said... in contravention of the said ord., and that on the... dayof...18.. at the Court-room, at .. . in the said county of . .. the matter of the said complaint was heard and investigated by the undersigned, one of H. M.’s Sp. Js, P, in and for the said Col., and now being satisfied of the EDUCATION. 703 orderly persons, or reputed criminals, such child may be taken into custody by an edl. dist. officer, or by any police constable authorised by the Sec. to the B. of Ed. to detain children so found, until a complaint can be preferred against such child and he can be brought before a Sp. J. P., who shall enquire into the circumstances, and every such J. may either make an order :— (a) That the child do attend some pub. el. sch. named in such order; and in such case the sch. so named shall be either such as the parent may select, or, if he do not select any, then such p. el. sch. as the J. considers expedient ; or (6) That such child shall be sent to an ind. sch. or to a day ind. sch. to be named in such order; or (c) That such child shall be delivered to the parent. When any child is taken into custody under the provisions of this s., the edl. dist. officer shall, as soon as practicable, give notice of such detention to the parent, if the parent shall be known and can be found; and the parent may appear before the J. and shall have the same rights with respect to such complaint as if the complaint were a civil proceeding and he were the deft. therein. Every complaint under this s. may be in Form 4,* and every order under this s. may be in Form 5.+ truth of such complaint, I do order that the said . . . do cause the said child, the said . . . to attend, and that the said child do attend the... School at (here describe the School), being the School which the said parent has selected (07 which as the parent has not selected any I have named) on (here specify how many days on which the child is to attend School) in each week during which such School shall be open for . hours on each of such days, Given under my hand, this... day of ...18,.at.., in the county aforesaid, CE, T.) SIP. BRITISH GUIANA. (As in Form 2)... who saith that... being a child subject to the provisions of ‘‘ The El. Ed. Ord., 76,” has for the period of .. . next before the date of this complaint been found within the... edl. dist. habitually wandering ;—o7, not under proper control ;—or, in the com- pany of rogues, 0» vagabonds, ov disorderly persons, 07 reputed criminals (as the circwnstances of the case may require). Taken, etc. BRITISH GUIANA, B. G. to wit. Be it remembered that on the...day...18.. at the . . . Court Room in the county of ... in pursuance of ‘‘The El. Ed. Ord., 76,” I... . one of H. M.’s Sp, Js. P. in and for the Col, of B. G. do order that A. B. being a child subject to the provisions of the 9th s, of the said ord, do attend the public el, school at . . . being the school which the parent of the said child has selected ;—or, which as the parent of the said child has not selected any I have named :—for... days in each week during which such school shall be open for . . hours on each such day ;—or, be sent to the day industrial school at. ..;—or, be sent to the ind. school at . . .;—-07, be delivered to his parent. Given under my hand the day and year first above mentioned, (H. F.) S, J. P, ORD 14, '76 nat under control, etc., may be taken before a J. P, FORM 4, 8 9 * Complaint against child found habitually wandering. FORM 6,8 9 t Order, ORD 14, '76 $ 10 Proceeds ings on dis- obedience to order of J. for attendance at school, * FORM 6,810 Complaint for not complying with order of Second non- compliance, Fiat prosecutio, 1 FORM 7,810 Order. 704 APPENDIX, Where, without any reasonable excuse within the meaning of this ord., an order for the attendance of any child at sch. is not complied with, any Sp. J. P., on the complaint of an edl. dist. officer, may if he thinks fit order as follows :— (1) In the first case of non-compliance, if the parent of the child does not appear, or appears and fails to satisfy the Court that he has used all reasonable efforts to enforce compliance with the order, the Sp. J. P. may impose a penalty not excdg. $2; but if the parent satisfies the said J. that he has used all reasonable efforts as aforesaid, the J. may, without inflicting a penalty, order the child to be sent to an ind. sch. or to a day ind. sch. (2) In a second or any subsequent case of non-compliance with the order, the J. may order the child to be sent to an ind. sch., or to a day ind. sch.; or he may for each such non- compliance inflict any such penalty as aforesaid without order- ing the child to be sent to an ind. sch. or to a day ind. sch. Provided that a complaint under this s. with respect to a continuing non-compliance shall not be repeated by the edl. dist. officer at any less interval than 2 weeks. Hvery complaint under this s. may be in the Form 6,* and every order under this s. may be in the Form 7.+ BRITISH GUIANA. (As in Form 2). . . who saith that heretofore on the. ..day of... 18. . an order was made by one of H. M.’s Sp, Js. P. in and for the Col. of B, G., that... being the parent within the meaning of “The El. Ed. Ord., 76,” of the child named. . . should cause the said child to attend, and that the said child should attend the school at. . . therein named, in the manner specified in the said order, and that the said... now residing at . . . in the County of... has for the period of .. . next before the date of this complaint, failed without reasonable excuse to comply with the said order in contravention of the said ord., and there- upon he the said edl. dist. officer makes application that the said... may be dealt with according to law. A. BY Taken, etc. For a second or any subsequent case of non-compliance with an order made by a Sp. J. P. after the words “to comply with the said order in contravention of the said ord.,” proceed as follows. . , And further that he the said . . . heretofore, and before the period mentioned in this complaint, to wit: on the. . dayof...18.. was adjudged to have failed to comply with the said order without reasonable excuse. N.B.—A complaint wnder this s., if preferred before 1 Jan., 1879, requires the authority of the Sec. to the Board of Ed, to be obtained before it is lodged. BRITISH GUIANA. Whereas on the complaint of .. . an edl. dist. officer, it has been made to appear to me, one of H. M.’s Sp. Js. P. in and for the Col. of B. G., that without any reasonable excuse the order made by .. . one of H. M.’s said Js., requiring that... residing at... in the county of ...» being the parent within the meaning of “The El, Ed, Ord., ’76,” EDUCATION. 705 No person, after this ord. shall come into operation (see s, oh shall take into his employment or shall employ any child :— a) Who is under the age of 9 years; or _ b) Who, being of the age of 9 years or upwards, has not obtained a cert. of proficiency in reading, writing, and elementary arithmetic, unless such child during such employment attends an efficient sch. on every school day for 24 hours between 7 a.m, and 6 p.m. when not prevented by sickness or other un- avoidable cause. Any person who receives a child into his house as a domestic servant, or permits a child to perform any work in his house who has not obtained a cert. of proficiency, shall be deemed to have undertaken the duty of a parent with respect to the el. ed. of such child so long as the child remains with him; and, if he does not cause such child to receive efficient el. instruction, he may be proceeded against as if he were the parent of such child; but the duty of the parent shall not thereby be dimi- nished or discharged, nor shall the parent be thereby exempted from liability to be proceeded against as herein provided. Every teacher of a sch. receiving a Col. grant shall be bound, without charge, when requested so to do, to give weekly to the employer of every child attending the school wherein he shall of the child named ... should cause such child to attend, and that such child should attend the school therein named at the times therein specified has not been complied with, and whereas the said parent the said... has failed to satisfy me that he has used all reasonable efforts to enforce compliance with the said order, I, the said J.,.do this .. day of... 18.., at... order the said .. . to pay to the said edl. dist. officer the sum of... dollars . . .; and if the said sum shall not be paid forthwith (or on or before the . . day of... next) Ido order and adjudge the said ... to be imprisoned in the prison at . . . in the said county, and there kept to hard labour for the space of .. days, unless the said sum shall be sooner paid. (EF) | 8d. P. Given under my hand this. . day of ... 18 .. at... in the said county. Where in the first case of non-compliance the J. orders the child to be sent to an ind. school or to a day ind, school proceed from the words “has not been complied with” as follows :— And whereas the said parent the said . . . has satisfied me that he has used all reasonable efforts to enforce compliance with the said order, I the said J. under the provisions of the said ord. do this . . day of 18... at... in the county of . .. order that the said ... shall be sent to the ind. school at .. ., and there detained until the .. day of... or to the day ind, schoolat... Where in the second case of non-compliance, the Justice orders the child to be sent to an industrial school, or to a day industrial school, proceed from the words in the form, “has not been complied with” as follows -— And whereas the said... has been previously adjudged to have failed without reasonable excuse to comply with such order, I, the said J., etc., as in last case, ORD 14, '76 § 11 Provi- sious with regard to employment of children. § 12 Persons employing child in domestic service shall be deemed to under- take duty of parent. $ 13 Teacher to give certifi- cate of attend- ance at school. Variation in case of industrial schools ;— First case, Second case, ORD 14, '76 § 14 Inspector to give certifi- cate of profi- ciency to child when qualified, § 15 Manager of pl. to be deemed the employer. § 16 Employer of child to obtain cert. of attend- ance at school. 1 FORM 9, 8 14 Cert. of pro- ficiency, 706 APPENDIX. teach, a certificate in the Form 8,* stating the periods during which such child has attended school during the previous week, and if such child shall have been absent from the school the cause of such absence so far as the teacher shall be able to ascertain the same. Every teacher refusing to give such certificate without charge to every employer requiring the same :— Summary fine, not excdg. $5. Every Insp. of Schs. and every Ass. do. shall be bound to give free of cost to any child who shall be able to read and write, and who can work out any questions in simple addition, subtraction, multiplication, and division, a cert. of proficiency in the Form 9,+ and such cert. shall exempt the parent and all employers of such child from any proceeding under this ord. for not providing instruction or for employing any child in contravention of this ord. The manager of a pl. on which any child shall perform any work for the proprietors thereof shall, subject to the other provisions of this ord., be deemed to have taken such child into his employment. Every employer of a child who has not obtained a cert. of proficiency, and every manager of a pl. on which such a child is employed at any work for the proprietors thereof, shall, on Monday in every week after the first week in which such child shall have been employed or shall have begun so to work on the pl., obtain a cert. from a teacher of a sch. that the child has attended sch. as required by this ord. during the previous week, or has been prevented from attending sch. by sickness or other unavoidable cause; and such employer or manager shall keep such cert. for 6 months after the date thereof, and shall produce the same to any edl. dist. officer when required during such period, and shall pay to the teacher of such child the sch. fee payable in respect of such child herein required to be paid, and shall be entitled to deduct from the wages payable by him to such child, or to the father of such child, the sum which he shall have so paid. Every employer of any such child, or manager of a pl. on which any such child is so employed, who shall not obtain such cert. with respect to such child, shall, subject * This form must be obtained from the Gov, Sec., being too lengthy for insertion here, BRITISH GUIANA. I, Insp. of Schools in B, G., do hereby certify that I have examined ... and that . he the said . . . is able to read and write, and can work out questions in simple addition, subtraction, multiplication, and division. ’ Given under my hand at... this. . day of... 18.. (A. B.) Insp. of Schools, EDUCATION. 707 to the other provisions of this ord., be deemed to have employed such child in contravention of this ord. No person shall be deemed to have taken any child into his employment, or to have employed any child in contravention of this ord., if it shall be proved to the satisfaction of the Sp. J. P. having cognizance of the case, either : (1) That during the employment there is not within 2 miles, measured according to the nearest road, from the residence of such child any pub, el. sch. or any day ind. sch, open which the child can attend; or (2) That such employment, by reason of being during the sch. holidays, or during the hours during which the sch. is not open, or otherwise, does not interfere with the efficient elemen- tary instruction of such child, and that the child obtains such instruction in some efficient manner. Where the offence of taking a child into employment in con- travention of this ord. is in fact committed by an agent or workman of the employer, such agent or workman shall be liable to a penalty as if he were the employer. When an employer charged with taking a child into his employment in contravention of this ord. proves that he has used due diligence to enforce the observance of this ord. and either that some agent or work- man of his employed the child without his knowledge or consent, or that the child was employed on the production by the parent of a forged or false cert., and under the belief in good faith in the genuineness and truth of such cert., the employer shall be exempt from any penalty. Where the employer satisfies the edl. dist. officer that he is exempt under this s. by reason of some agent, workman, or parent being guilty, and gives all facilities in his power for proceeding against and convicting such agent, etc., such edl. dist. officer shall institute proceedings against such agent, etc., and not against the employer. Every person who takes a child into his employment, or who employs a child in contravention of this ord. :— Fine, on summary conviction, not excdg. $10. Every complaint for employing a child in contravention of this ord. may be in the Form 10,* Every person who shall wilfully make any false representation as to the age of any child for the purpose of procuring the em- ployment of such child in contravention of this ord. ;—Or who BRITISH GUIANA. The complaint of ... taken before me, etc. (as in Form 2)... who saith that... residing at... in the said county of... did on the. . day of... 18.. take into his... employment (or employ) at... in the said county, one... then being a child subject to the El, Ed, Ord. °76, in contravention of the said ord. A. BL Taken, etc., a8 in Form 2, ORD 14, '76 817 Excep- tion to prohibi- tion of employ- ment of children, § 18 Exemp- tion of employer on proof of guilt of some other person, 8 19 Penalty for employing child in con- travention of ord, 8 20 Wilfully making false representation as to age of child, FORM 10,819* Complaint for employing child in contraven- tion of ord, OBD 14, 76 5 21 Establish- ment of day in- dustrial school. § 22 Child may be em- ployed in agri- eultural pur- suits. S 28 Licences. § 24 Rules to admit of certain children re- ceiving ele- mentary educa- tion only. § 25 Child] ordered to be sent to such a school may be taken there. § 26 Parent liable to pay for support of child ordered to be sent to such school. S$ 27 Managers of school entitled to payment. 708 APPENDIX, ae use any false cert. of proficiency, knowing the same to be alse:— Summary offence—fine, not excdg. $24. Day ind. schs. may be established by private persons or otherwise, at which the children there attending shall be pro- vided with industrial training, with el. education, and with one meal a day at the least; and a child required to attend or sent by his parent to a day ind. sch. may be detained by the teacher during such hours as may be authorised by the rules of the sch. No day ind. sch. shall be opened until the same shall have been licensed by the B. of Ed. The B. of Ed. with the sanction of the Gov. and C. of P. may licence schs. to be conducted as day ind. schs., subject to such rules as may be sanctioned by the said B. Such rules may authorise the employment of the children in agricultural pursuits during specified hours, on adjoining pls. or elsewhere: Provided always that the full value of any labour performed by a child, after deducting the cost of the instruction and food furnished to such child, shall be paid to the parent of, or kept for, such child. The amount that may be deducted for such cost shall be fixed by the B. of Ed. No licence for a day ind. sch. shall continue in force for more than 12 months, but such licence may be renewed from time to time. The rules of every day ind. sch. shall make provision for allowing children who are only required to attend a public el. sch. for 24 hours in the day to receive instruction in el. ed. in the day ind. sch. without becoming subject to the ind. training or entitled to receive any food at such sch., and shall further provide for the examination of all the children attending such sch, in the same manner as if such sch. were a pub. el. sch. Every child ordered by a Sp. J. P. to be sent to a day ind. sch. may, at any time while the order continues in force, be taken to the day ind. sch. named in the order by an edl. dist. officer or by any person authorised in writing by an edl. dist. o. Where a child is ordered by any Sp. J. P. to be sent to a day ind. sch., the J. making the order, or any other Sp. J. P., may further order the parent, if a male, to pay to an edl. dist. o. such sum not excdg. 48c. per week as is named in the order; and, if the father shall be dead or cannot be found, such J., if he considers that the female parent is able to pay the same, may order her to pay to the said officer such sum not excdg. 24c. per week as is named in such order. When a child is sent to any day ind. sch. by order of a Sp. J. P., the managers of such sch. shall be entitled to receive from the B. of Hd. for the cost of the food furnished to such child a sum not excdg. 48c. a week. EDUCATION. 709 In every sch. receiving a Col. grant the Lord’s Prayer shall, each morning on which the sch. is open, be publicly repeated at the opening of the sch. by the teacher of the sch., or, if there be more than one, by the principal teacher then present; and a portion of the Holy Scriptures shall be read daily without comment in such sch. during sch. hours; and no Col. grant shall be made to any sch. where this s. is not complied with. In every Col. sch. further religious instruction in the Christian religion shall be given, subject to such regulations as may be made by the B. of Ed. and sanctioned by the Gov. and C. of P.; and further religious instruction in the Christian religion may be given in any sch. receiving a Col. grant, but no Col. grant shall be made to any pub. el. sch. for or in respect of instruc- tion in religious subjects. Every sch. receiving a Col. grant shall be open to children of all denominations; and any child may be withdrawn by his parents from any instruction in religious subjects, and from any religious observance in any such sch.; and no child shall in any such sch. be placed at any disadvantage with respect to the secular instruction given therein, by reason of the denomination to which such child or his parents belong, or by reason of his being withdrawn from any instruction in religious subjects. The time or times during which any religious observance is practised, or instruction in religious subjects is given, at any meeting of the sch. for el. instruction, shall be either at the beginning or at the end, or at the beginning and at the end, of such meeting, and shall ‘be specified in a table approved of by the B. of Ed. Every parent of a child attending a pub. el. sch. shall be bound to pay to the teacher of such sch. for every week in which the child shall attend the sch., a sch. fee of not less than Qc.; and every parent of a child attending a day ind. sch. shall be bound to pay to the teacher of such sch. for every week on which the child shall attend such sch. a sch. fee of not less than 24c.; or, if such parent has more than one child attending such sch., a school fee of not less than 20c. for each such child, and not excdg. in any of the said cases such sums as shall be fixed by the B. of Ed. with the sanction of the Gov. and C. of P. A cert. from the edl. dist. off. that the parent is unable from poverty to pay any sch. fees, if lodged with the teacher, shall exempt the parent from the payment of sch. fees ; and no fees shall be payable by the parent in respect of a child who shall have obtained a certificate of proficiency before he ghall have become 11 years-of age. All sch. fees must be paid not later than during the week next following the week in respect of which the same shall have become payable. ~ When any parent is unable froma poverty to pay any sch. fee, ORD 14, '76 $ 28 Holy Scriptures to be read daily. § 29 Religious instruction in colonial and public ele- mentary schools. 5 30 Con- science clause. $ 31 Parent bound to pay a school fee. S 32 Exemp- tion on ground of poverty, ORD 14, '76 § 33 Teacher to report if school fees not paid. S 34 Board of Education to pay certgin school fees. § 35 Board may establish Col, schools.) 8 36 Pro- prietor of pl. to inaintain efficient schools for children on pl. 710 APPENDIX. the edl. dist. off., on being satisfied of the fact, may grant a cert. to that effect in Form 11.* Such certificate shall remain in force for any time not exedg. 8 months from the time when such cert. shall be given, and may be renewed. A parent shall not by reason of receiving any such cert, be deprived of any franchise right or privilege, or be subject to any disability or disqualification ; and no cert. shall be granted on condition that the child shall attend any particular sch. The teacher shall mark on such cert. the days on which the child shall attend the sch, The edl. dist. off. shall once in every month forward to the B. of Ed. a return of all such certificates granted by him. Every teacher of a sch. receiving a Col, grant shall be bound to report to the edl. dist. off. when any parent shall be in default of paying any sch. fee required by this ord. to be paid. Every teacher who shall omit for 7 days to report to the edl. dist. off. each parent in default :— Summary fine, not excdg. $5 for each parent whose default he shall have omitted so to report. The edl. dist. off. shall forthwith proceed to recover all sch. fees due to the teacher of any sch. receiving a Col. grant which shall be due and unpaid. The B. of Ed., out of the funds at their disposal, and in addition to any other grant to which the managers of any sch. shall be entitled, shall pay to them the sch. fees for every child attending the sch. whose parent shall have obtained and lodged a cert. that he is unable to pay the same, and for every child who shall have obtained a cert. of proficiency before such child shall have become 11 years of age, and who shall attend at the sch. after having so obtained such cert. All sch. fees shall be applied for the maintenance of the sch. If sufficient sch. accommodation for the ed. in efficient el. schs. of all the children living in any edl. dist. shall not be pro- vided before 30 June, ’78, the B. of Ed., as soon as the funds shall be provided for the purpose by the Gov. and Combined Court, shall erect proper schoolhouses and establish and main- tain sufficient schs. in such dist. Such schs. when established shall be called Col. schs. When a Col. sch. shall have been established in any edl. dist. the B. of Ed. may at their discretion after fair notice withdraw or withhold all Col. grants from any ° pub. el. sch. within 2 miles of the Col. schoolhouse. The proprietor of a pl. in cultivation on which there shall be 80 children or more shall be bound to provide and maintain on such pl., at such place or places as may be approved of by the B. of Ed., an efficient sch. or efficient schs., to the satisfaction * This form is too elaborate for ingertion here, and must be obtained from the Gov. Sec. EDUCATION, 11 of the B. of Ed., for the el. ed. of such children, and shall be entitled to receive a Col. grant on the same conditions as grants are made to other schs. Every proprietor of a pl. in cultivation failing to provide or efficiently to maintain such sch. or schs. :— Summary fine, not excdg. $50 for each month or part of a month during which he shall be in default, on the complaint of the Sec. to the B. of Ed. Provided always that no proprietor shall be compelled to maintain a sch. if there is sufficient sch. accommodation for all the children within 1 mile of the pl. in cultivation; and that no prosecution under this s. shall be commenced without the authority of the Att.-Gen. The proprietor of a pl. in cultivation may be proceeded against for any omission to comply with this s. without naming him; and all process may be served on such proprietor by affixing the document to one of the principal buildings on the pl. in cultiva- tion, and the pl. shall be liable and executable for the amount of the penalty. The proprietors of two or more pls. in cultivation may, with the approval of the B. of Ed., erect a school-house or school- houses and maintain a sch. or schs. for their joint use if the distance between any two of such pls. in cultivation, measured by a road over which children can pass at all seasons of the year without difficulty, does not exceed 2 miles. The expression ‘‘ plantation in cultivation” in the last two preceding ss. shall be deemed to mean and to include every collection of houses belonging to the proprietor thereof, situate on a pl. in cultivatien and lying within a circle having a diameter of 1000 yards, in which more than 30 children shall reside. And whereas it is often a matter of difficulty to ascertain the true ages of children born in this Col. of illiterate parents: Be it enacted that, where the age of any child is required to be ascer- tained in any judicial proceeding under this ord., ‘the Sp. J. P. or Judge having cognizance of the proceeding, if the child shall be produced before him, after considering any evidence on the point that may have been adduced and the appearance of the child, and in the absence of clear testimony to the contrary, may declare and note on the proceedings what in his opinion is the true age of such child, and such age shall for all purposes con- nected with that proceeding be taken to be the true age of such child at that time. Every edl. dist. off. shall be entitled to obtain from the Gen, Reg. Office a certified copy of any entry in any register in such office with respect to the birth of any child on the-payment of a fee of 8c. ORD 14, '76 Failure. Exemption. Fiat prose- cutio of A. G. Process v, Proprietor. $ 37 Joint schools allowed. S 38 ‘Planta- tion in cultiva~ tion.” § 39 Judge or Justice may in certain cases estimate the age of child, S 40 Certifl- cates of birth, ORD 14, '76 $41 Schools . receiving Col, grant to be deemed effi- cient, $ 42 Defini- tion of “ In- dustrial School” in ord. 12, ’68, § 43 Incorpo- ration of ord. 12, 68, § 44 Pro- cedure. S$ 45 Recovery of school fees. 8 46 Free sulnmMonses, etc, $ 47 Fit pro- seculio of Board. § 48 Search warrant. 712 APPENDIX. Every sch. receiving a Col. grant shall for the purposes of this ord. be deemed an efficient school, and every parent who causes his child regularly to attend any school receiving a Col. grant shall in all proceedings under this ord. be deemed to have per- formed his duty with respect to the el. ed. of such child. So much of ord. 12, ’68 (p. 490) as enacts that in that ord. the expression “ industrial sch.” shall mean the orphan asylum and school of industry of B. G. as extended and amended by that ord. and converted into an ind. sch. shall be and the same is hereby repealed ; and the expression “industrial sch.” in that ord. shall mean and include any ind. sch. established and con- ducted by this Col. The provisions of the Ind. and Reform. Schs. Ord., ’68, shall apply to every order made by a Sp. J. P. under this ord. that a child shall be sent to an ind. sch., and shall also apply to every parent and father (as these terms are defined in this ord.) of every child that shall be sent to an ind. sch. under such an order and to every child so sent. All penalties incurred under this ord. may be sued for and recovered in a summary manner before any Sp. J. P.; and all orders which any such J. is authorised to make under this ord. shall be applied for, made, and enforced according to the form of procedure and subject to the review provided by ords. 19, 56 and 8 and 5, ’68 (pp. 1-48). Any school fee which is due and unpaid may be sued for and recovered in any Court of competent jurisdiction by any edl. dist. off., and shall in all Courts be deemed a debt due to him by the parent. No person, whether cplt., pt., or deft., shall be required to pay any fees for any process in any proceedings taken or had under this ord. against the parent or employer of any child. ° Until 1 Jan., 79, no prosecution shall be commenced against any parent for not complying with an order of a Sp. J. P. that his child shall attend a pub. el. sch. unless the authority of the Sec. to the B. of Ed. shall have been first obtained ; but every complaint purporting to be authorised by the said Sec. shall be deemed to have been so authorised until the contrary shall be proved. If it shall appear to any Sp. J. P. on the complaint of any edl. dist. off. that there is reasonable cause to believe that a child is employed in contravention of this ord. in any place, whether a building or not, such J. may by order under his hand empower an edl. dist. off. or p. 0. to enter such place at any reasonable time within 7 days from the date of such order and to examine such place and any person found therein touching the employment of any child therein. , assist under trespass ord. . 691 516 », assist under ‘etamp 505 ord. . 622 505 vy assist postmasters . 588 Police— » enforce laws for passenger ships 3, have notice of deser- tion of ims. . », demand pass of ims, at large », to have notice of animals slaughtered by rural butchers . ‘pound strays on public premises y, search, see ‘ search- warrant a }, Seize diseased cattle », Swine in G. or New-A. ; victuallers, etc., har- bouring warrants, cuted by j Police—Georgetown— . appointment of . Council liable for acts of . : entry on lands, ete., es by neglect of duty by obstructing : offending . . resignation of . uniform : Police—Rural— absence from muster appointment of badges batons constables defined death dismissal . qi disobedience by disturbances duties . exempted, how . ‘ inspections of . list of * * . ” how exe- 521, INDEX, 787 PAGE PAGE Police—Rural— - medical attendance . 524 873 oath ‘i 522, », neglecting to take 522 832 precepts . < . 522 qualification . » 521 335 rates of pay. . 523 relation, to police 523 resignation — 522 266 suspension 522 Police—Water—. 548 boats . i . 518 claims to property seized j . 514 1538 duties ; 513 establishments. . . 518 142 | Police officer—defined . 3815 Poll—declaration of 203 519 demand for . « 206 Pond—injury to . 432 519 | Pony—licence for. - 268 Poor—relief of . 526, 581 524 relief to. illegitimate child, recovery of . 582 526 inspectors of . - 526 PoorLawCommissioners 526 525 meetings . . 531 525 persons entitled to re. 525 lief 530 525 recovery of relief by 532 525 | Possessed—defined— . 894 525 | Possession—of counter- feit coins . 162 523 criminal, defined, 293 523 evidence of intrusting 394 522 of filings or clippings 522 of coin . 160 524 », implements for un- 524 lawful purpose . 6510 524 » plates. or dies for 524 forging . 5 . 285 523 », moulds ‘5 » 285 523 ») paper 9 . 285 522 », property injured . 487 523 », Shipwrecked goods. 889 524 » stolen goods . 507 788 INDEX. PAGE PAGE Possession— ; Pound-keeper— 3) Weapons ‘ 510 not to hire out strays 3, wood, -without ene 550, 554 counting . . 883 failure to account for Post letter— money,. rj . 551 delaying .. ; . 588 », to keep record detaining . 546, 588 of strays . 550 destroying 3 . 587 police, ea officio . 548 delivery of . . 542 rules for . 551 embezzling ; . 587 | Premises—defined 782 opening . é . 588 entry on, by excise receiving -. 538 officer . 242 retaining . 538 intruding on to beg, secreting . 587 ’ or lodge : 507 sending otherwise than Prescription . . » 748 by post. A . 546 | Prison— ship, by ordinary . 545 | _ board of . ; . 554 stealing out of . . 587 breaking out of . . 496 45 from post commitment of immi- letter-bag 538 grant, keeper of to » from a mail 588 furnish . . . 868 Post-office . - 587-48 contracts for 561 branch. ‘ . 6540 daily report by keeper 561 general 540 discharge from . 557 stealing letter from, or discipline, breach of from officer of . 588 102, 562, 592 prohibitions on officers employment of con- of , . 541 victs in. . 556 Postage of letters « . » 542 escape from 558-9 free by Registrars . 579 inspector of 555-562 resolutions of C. of P. leave of absence from 560 as to . 543 loaded firearmsin . 6560 Postmaster . . . 540 officers of . 556 exempt from iwy, penal servitude . 563 etc. . : 540 regulations 555 power of, to examine rescue from 559 papers, ete. 544 superintendent . 557 Posts—stealing 882 tickets of leave . 560 Potatoes—stealing . 885 treadmill . . - 562 Pounds . + 648-54 | Prisoners—. in Georgetown . » 551 convicts, removal to » New Amsterdam . 549 ordinary gaol 556 improper pounding 549 escape of . : 558 Pound-keeper— leper 560 not to purchase lunatic, removal of . 559 strays - +550, 554 refusing to work 558 INDEX, 789 PAGE PAGE Prisoners— Provost Marshal— see ‘under sentence,” ‘* Marshal ” defined . ‘ - 562 | Public highway defined 627 Private water— », roads, defined 633 damage to ' » 482 | Punishment— Privies—in Georgetown additional for ae 143, 611, offences 486 » New-Am. . 148 misdemeanours . 101 Process— endured, effect of 108 in summary cases. 8 simple lareeny . - 378 by ordinary J.P. . 81 second conviction for under police ord. 520 felony 101 » . malicious in- second conviction, on, juries ord. 438 not affected by con- Proclamation against ditional pardon . 102 riots 590 summary . < 23 Procuration alien Hs Putative father—process against . . - 588 gery. 287 Proficiency—e avtifieste entitled to possession of e 706 of child : « 585 i defined 700 Q. ze Tale 708 Quantity of merchandise, Promissory notes— falsely stated 642 days of grace on 733 Quarantine, . : . 564-8 indorsers of 733 Quay—injury to . 431 notice of dishonour of 784 payable on holidays . 784 R, prescription. . 743 Rail—stealing 382 Property—injured, pos- Railway — session of 437 account of lading 569 injury to . 426-38 aquafortis not to be Proprietor of estates— carried on 573 to keep up roads 599 bylaws of . 578 », maintain schools . 710 carriages . 572 Prosecution ene defacing, hoards. on 574 General ‘ 82 defined _ 688 ecutor— endangering life o OE of, ~ passenger on 418 when prisoner ar- gates on . 574 rested without his gunpowder not to be knowledge. . (19 carried on, » 573 Protection ordinance . xvii. lands taken by . 568 Provisions—selling un- lucifer matches not to wholesome . . 497 be carried on - 573 Provisional certificate 829 malicious damage to 418, 482 790 INDEX. PAGE PAGE Railway— . | Receiving stolen pro- milestones on 571 perty, not exceeding obstructing . 488 $10 .. « . 507 offenders on . 571, 575 | Recognizance— penalties . 575 deft. applying for re- placing wood on 432 view . . » 41 points, malicious inter- estreating. . 20 ference with . . 432 falsely acknowledging 289 publication of De forfeited . ‘ . 20 ties 574 » process to en- regulations for . 573 force payment of removing sleepers 574 fines on 91 signal, maliciously forgery of. ; . 289 showing ; 433 immigrant of, on re- smoking on » 578 view . . 868 tolls, disputes as to . 569 libel, on conviction for 474 », collectors of 571 of bail 29 » lists of 571 on commitment. . 20 vitriol not to be peace, to keep 23, 540 carried on . 573 proceedings on forfei- weights, differences as ture of . . 1, 890 to ‘ 570 refusing to, enter Railway Company— into. 11, 60, 179 damage to Pa of 574 respite of . . 97 frauds on. é 570 transmission of. » 61 service on ‘i 575 | Record— Railway Station— amendedin Sup.Cr.C. 97 setting fire to 427 destruction of . 882 Rape . . 422 obliterating 881 Rates—registration 587 of convictions for petty Rationing immigrants 359 offences 511 Receiver — several, or », Justice, criminal 15, 16 consecutive . 898 > 0s. . 719 when principal guilty » ~9y):~Ss«XCise 253 of misdemeanour . 398 » 99 contents of where triable 398 aground forreview 16 onsummary conviction ») pardons 102 of principal . . 3898 ») Strays . 550 of valuable security . 397 », stealing 882 Receiver-General— Reformatory School xii. forging signature of . 289 defined . . . 490 to deal withlicences 244,252 | Register— », deduct 10 p. ec. for correction of errors in 584 revenue defence false entry in copies of 290 fund . « 181, 260 forging . 289 signature of. . ~ 736 of applications forims. 819 INDEX, 791 PAGE PAGE Register— _ Registrar— » apprentices 488 neglect of, to deliver »» baptisms ‘ - 584 copies . 588 », births . - 581 neglect of med, ‘off to » oo» Hd. Dist. off. certify death to 588 entitled to copies notice, by occupier 580 of 711 » failure to give 588 », boats, ‘: 809 »» posting of, is », burials. . 584 sufficient 589 » certified copies of, », limits for writ- loss of . . 586, 588 ten . 578 » convictions . . $11 » Of births and » deaths . : - 580 deaths 578 », desertion 332 proceedings on 5, evidence of . » 866 receipt of . 579 » heathen marriages. 445 postage by, free 579 yims. indentured transmitting certified under contracts 329 copies and originals » » defaulting 364 together ‘ . 579 »> 9», to be kept on Registrar-General— plantations 868 abstract by 585 3. » Asiatics not books and boxes 576 under indenture 365 »» Yefusal to give 5, ims. under ords. of u : . 577 64 and ’66 made copies to be sent to . 585 registers under ord. indexes by ‘ 585 73 7 365 powers of. . 576 », licences transferred 268 | Registrar of Berbice 576, 585 ;, old metal dealers . 477 Demerara and Esse- » passports . 360 quebo . : . 576 » paupers. ‘ 530 office of . i . 577 Register-book—searches Registration— of . 586 birth 581, 583, 588 Registrar— death ‘ - 580, 588 accounts of 7 - 586 voter ‘ é . 197 attesting document in- Re-indenture— sufficiently stamped 618 bounty on 880 books, loss of . 588 computation of com- coroner’s return to 588 mutation money on 3830 death, notice of, to 580, 582 commutation of 330 default of, in notices 581 | Remand of accused 59 failure of to register . 588 | Remission of fines 24 false information to . 588 | Rent—arrears of . . 725 fees . 5 . 587 distraining for, where information, defaults nonedue . » 727 in giving to . 579, 588 distress for, not un- 792 INDEX. PAGE PAGE Rent— Review— lawful for ena application after pay- lavity . 727 ment of fine . 44 distress unlawful, no application by I. A. G. recovery for, on when im. in jail 368 tender of amends . 737 application under lees ingredient in servant’s ord. .. 405 contract » 212 application under i im. preference for . . 727 ord. . 366 recovery of » 725 construction of 8. 16 tenant depositing of ord... . 888 amount of, after counsel may be re- issue of distress 726 tained in 44 Report— court of . 87 by employer of ims. decisions in 38, 48 as to absence from default in render to work 346 prison . 46 », commissaries as to evidence in 47 roads 608 exemptions, howproved 45 ») prison, keeper of fees in i 47 ims. 865 imprisonment when », penal sett., officer, affirmed in 46 of whipping . 558 interpretations affecting 45 prisons officers and justice must not write board 561 to judge, pending . 43 Reprints of foreign works 190 notice of . . 41-8 Reputed thieves— >> service of 42, loitering with intent objections to be men- to rob . . 510 tioned in reasons . 47 not giving satisfactory objections, notfor want account - 610 of form 45 Rescuing 496, 506 petition for, after time 42, Residence—ofiicial iv. question raised to be Retail spirit shop—sce determined . . 46 ‘¢Licence,” ‘ Ex- reasons :. 39 cise.” » not mentioned i in Return— court below, not animals slaughtered . 266 tobe forwarded 48 deaths and births in of judgment of . 46 im. ship 820 fules approved . . 87 immigrants (see) sessions . , . 237 opium . 481 | Riding furiously . 602 Revenue defence fund 181, 260 | Riots . 589-592 Review— near grog-shop . 258 appeal from 48 | Rioters—injuring build- . application for . 41 ings ‘i . 428 INDEX, 793 PAGE PAGE Rioters— Roads — killing, indemnified 591 hard substance, stores Rivers—damage to . 432 of é : 609 Roads— how keptup . 594 “body having the con- inspector of 592 trol of any public” », neglect by, no —defined 633 excuse forowner . 603 bridges, covering 597 inspector, vexatious 35 iron 597 conduct of 604 5 kokers used inspector, obstructing 604 as. 597 liability for repairs 4 temporary . .597 of 600, 601, 603 ». under repair 598 maintenance of . 596 bridle, specified 598 neglect of. 603 » Width and obstructions 602 covering 595 repairs . 595 canal, Nos. 1, 2, » notice for 599 594, 598 + service of . carriage, specified 592 599, 604, 609 rr width and 3, vexatious 603 covering. 595 » vight of entry carrying, things pro- of inspector jecting along 610 for . 600 » things trailing 610 », amount of, how company, pathon . 594 recoverable 601 commissioners of . 605 » excuse for not a district . 606 doing . 603 a report by 608 » part owner, commissaries . » 605 service of no- » report by . 608 tice on, not » to provide sufficient 604 materials 609 » Yemoving ma- deviation from . . 592 terials in- districts 605, 608 tended for . 602 drainage not within » Commissary ord. . 6038 may use earth not to be "burnt roadside near ? . 610 stores for 610 extension of 592 regulations for . 606 enforcement of per- i _ breach of . 608 formance of work sides of . 602 required as to 606 | Robbery from the per- governor’s powers as son ‘ 885 to . 604 on trial for, Sptiviction hard scliciande, de- of assault, with in- fined , : . 595 tent torob . » 885 794 INDEX. PAGE PAGE Robb’s Town , . 467-8 | Rum— Rogue . { 509 quantity to be sold . 232 Roots—stealing or do. removal of 232, 233 stroying. . 382 3 over 2 galls. Rum—apothecaries’ stills 231 not without arriving in G. or N.A. 287 permit 236 casks of 237 3 from vessels 286 certificates of sale of . 234 - from railway 236 chemists’ stills . 231 sale of, by.retail 284, 244 claim to, when seized » certificates of. 234 239, 240 » over 2 gallons 234 collusive seizure of 240 » for consump- condemnation of 239 tion . 234 construction of s. 82 » by wholesale. 233 of ord. 14, ’55 235 », officer notto be consumption for 234 interestedin 230 definition of 230 search for 237, 239 distillation of . 230 ‘search warrant for con- i licence for 230 cealed stills . 238 i from sugar seizure of, to be re- cane only ported 239 230, 232 5 action for . 241 is record of . 232 a restored by sj quantity of 232 Gov. 241 documents, false 241 stills, concealed 238 driver refusing to stop 289 storage fees 2338 duty on . 283, 242, 261 use, for private . 234 effect of ord. 25, ’68, ‘‘ wholesale” defined 2382 on ord. 14, ’55 230 | Rural Constable — see entry on estates 238 ‘* Police—Rural.”’ i railway . 239 forfeiture of . 237 8. gratuity, not to be given as 236 | Sabbath Day—see “Sun- gauging of . 233, 237 day.” illegally shipped . 288 | Sanitary condition of interpretations affect- Georgetown . 611-16 in ; . . 242 | Scavenger— . 611 licence to sell, how » obstructing 614 granted : 234 | School—see ‘ Industrial obstructing officer 288, 241 School.” permit toremove. . 2386 certificate of attend- refusal .of 237 ance at. . 705-6 possession of . 235 fees. . - 710, 712 proof of authority of inspector of 698 officer . f 240 instruction, religious. 709 INDEX. PAGE Schools— Sentence— maintained by pro- penal, if not altogether prietor of pl. - 710 good, badaltogether manager of, entitled Servants— to cost of food sup- bakers, wilful default plied to children 709 of . . . receiving colonial contracts by— grant to be deemed », breach of efficient : - 712 » privity of . Scrutiny . : 203 » monthly 210, Sea marks—removing or or » implied concealing 435 monthly . Sea wall—damage to 431 » special 3 Seal—counterfeited 281 | » presumable forgery of. i » 281 length of . Seamen— » Yent an in- assaults on ‘ . 419 gredient in hospitals for . 818, 314 » Wrongful ter- lodging-houses . 269 mination obstructing 419 of . 211, Search-warrant— daily hiring . baker's shop 150 discharge of for mis- coinage . ; . 164 conduct. dangerous goods . 192 4 certificate of education . . 712 a for damaging explosive substance . 425 property forgery . ; . 298 embezzlement by gunpowder 299, 801, 425 entitled to growing issuable on Sunday or crops . . holiday . . 51 holding over house, larceny . 400 after notice to quit mal. inj. (person) 425 ill-usage of . +» 99 (property) 437 5 when a good obeah 3 ; . 476 defence . old metals ‘i . 477 interpretations affect- opium 7 ‘ » 483 : ing ‘ . ‘ post-office 539 job work . ‘ ‘ registration . 577 larceny by ‘ . rum. ‘ 238, 242 lateness at work . stamp duties . 622 misconduct of . i Secreting letter 5387 promise to obey,. fraudulently 538 breach of . ‘i Sedition ‘ ‘ . 496 service, defined. Selling noisily 502 task-gang drivers, not Sentence—civil, leviable wages, abated . - by distress . . 721 | Set-off—prescription . 795 PAGE 503 151 209 209 211 209 209 210 212 212 210 212 212 210 389 213 213 211 212 213 212 389 209 212 209 209 209 211 745 796 INDEX, PAGE PAGE Shed—setting fire to 427 | Spirituous liquor— Sheep—stealing of 379 “business premises ” Sheriff xii, xiii., 555 defined . . 248 Ships—see ‘* Vessels.” cocoa-nut rum not . 261 Shipwreck—injury to, 435 charges, no. of, admis- larceny . from, 389 sible. , . 248 impeding a person chemist, special per- trying to save him- mit. ‘ - 262 self from 415 claims to seizure 255-7 Shooting —with intent commissaries , . 248 to murder 415 », statement by, Shop—on estates . 339 .of caleu- setting fire to 427 lated quan- Shore — communication tity sold , 252 with, defined. 564 » fteeto. . 253 Shrubs—injuring . . 630 » power to stealing . 383 earch =, 257 Signals—C.C. Engineer 639 contiguous shops . 254 Sluice—damaging. 431 Jiat prosecutio . » 260 opening . 481 forfeiture of . . 259 used, as bridges. 597 ” action for . 260 Small penalties ord. 25 forms ; » 261 Smoking . . 441, 444 fraudulent removal . 259 Sodomy . 424 ‘* slass”’ defined . 258 Soliciting . 539 interpretations affect- Solitary confinement— ing ; . 248 coinage 165 informer’s evidence . 247 forgery 293 justices, when not to larceny . 403 take part in malicious i injuries 426, 487 case . . 252 post-office ‘ ; ” 540 ». record and re- prisons , : . 557 ; turns . . 253 other offences . .. 497 legal procedure. 259-261 Special Jurors— licences, kinds of . 244 deficiency of . » 115 ». tvansfer of . 251 fees , ‘ 3 . 115 ‘i extension of. 251 qualification , . 114 4 endorsement striking, mode of 114 of . 252 Special jury— 3 period of , 248 nomination . 115 A applications summons . . 116 for . 249-251 Spirit dealers in G. . 417 na holder of, Spirituous liquor— selling over 252 action . . 261 5 disqualifica- barter of, prohibited . 258 tion for . 2538 ‘bottle’ defined . 247 ». __ lists of. . 253 INDEX, 797 PAGE PAGE Spirituous liquor— Stamps— licences, who may de- spoiled : 617 mand . 254 summary proceedings ‘3 liability of on . B75 holder of, summary return on . 875 for other’s Stealing—see “ Larceny.” defaults 257 | Steer—damage to. . 481 3 not affected Stelling—anchoragenear 687 . .«, by tax ord. 268 fishing near . 687 limitation . 259 trespass on . 686 obstructing officer ; 259 »* damage to,in, 687 removal of seizures 255 | Still-house— reporttoS.J3.P. . 255 setting fire-to 427 review 258, 257 | Stolen goods— sale of 247 taking reward for re- » proof of 247 covery of 400 » in less than 2 restitution of 399 galls, 248 purchaser of 400 1 Wine, etc., to be Stone-throwing 502 drunk on pre- Storehouse — breaking mises . 248 into 388 5 excepttobe drank found in, for unlawfal on premises or purpose 510 . by wholesale . 248 setting fire to 427 “, to intoxicated Strangle—attempt to 415 person . 258 | Strays— 548-50 to soldiers. 254 detention of . 550-3 samples 259 driving: off to make 553 search for. 257 on public premises 548 seizure 258 », private ,, 548 “sell, or offer 40 sell” 9 roads ‘ : . 602 =two charges 248 » Village lands. . 664 signboards 253 record of . : . 550 Spring-guns. 417 releasing . . 549 Stable—setting fire to | 427 | unclaimed to be adver- found in, for unlawful tised : 550-4 purpose . . 510 | Streets—cleansing of 611 Stack—setting fire to 429 under telegraph ord. 631 Stamps— Sub-Immigration Agent— commissioners . 616 to act under heathen dealers in. ~ « 621 marriage ord. . 449 duties 158, 616-624 under im. ord. . 315-69 frands asto . 617-620 See ‘ Immigrant.” hawking . 623 | Suffocate—attempt to . 415 licence for | 620 | Suit—defined . . 745 official . : . iv | Summary procedure . 3-34 52 798 INDEX. PAGE Summons— ; coroner, by . - 105 free. : . 875, 712 in summary cases. 8 when unnecessary. 19 for witnesses. . 56 in summary cases. 10 Sunday— baking on : 151 goodsnotto be shipped on ‘ . « 624 markets, shops . . 624 exceptions . - 626 work 5 a . 626-7 », immigrants . 627 »» prisoners. . 627 trading . . 624-7 Supreme Court—Crim- inal— adjournments . - 80 attainder . . 97,100 + calendar . a . 80 constitution of . . 78 consolidation of. ». 9 Crown cases reserved 99 days, on which cases heard . ; . 98 defects after verdict . 98 evidence . ‘ .89, 90 felony, lawof EK. asto 77 forms, questions asto 99 hearing of counsel . 99 held by one or more judge . . 78 indictment—see “In dictment.” interpretations affect- ing, ‘ - 77 issue of law .. » 99 » fact . 88 jail delivery . » 81 judgment. ; 99 jurisdiction of . 78, 512 keeper of prisons to attend . . - 79 list of cases. 80, 98 PAGE Supreme Court— list of prisoners in cus- tody . : . 81 minutes . ‘ 79 misdemeanor, law of E. as to ; . WW new prosecution » 80 officers of . » 79 perjury . - 98 plea. » 98 prisoners’ counsel - 98 prisoners praying to be put on trial . 81 registrar . ; 79 sentences, executionof, 100 sessions . ‘i . 78-9 subpoena . : - 90 summing up . - 99 trial, mode of . 78-9, 98 », postponement of 94, 96 warrant, of discharge. 80 venue . . 94 witnesses, list of . 91 si recallof . 91 i remunera- tion of . 92 5 expenses of 92 5 waiting for trial » 93 Sureties . 165, 474, 540 Swearing . . 499, 500 Swine-keeping . 140, 141 straying 549, 552, 602, 665 ‘T. Tadjahs— . . . 627-8 Task-gang driver—not withinservants’ord. 209 Tax ordinance— . . 262-3 Telegraph — Central American. . 680-8 Government . . 683-9 offences by persons in service of , . 639 injuries to. ‘ . 483 INDEX. 799 PAGE PAGE Tenant — demolishing Vaccination— house on mane certificate of success. 650 over . 429 a forging 652 refusal of, to give 9 fraudulent possession at end use of , 652 of term. é » 728 compulsory . - 650,4 Thoroughfare — disre- continued refusal 651 garding police regs. districts 649 asto . . « 505 expenses of 652 Threatening letters 886, 436 inoculation 652 words 500 inspection after. 650 Ticket. of- leave convicts. 5638 insusceptibility of 650 Title—to land . ‘ lymph, taking of 650 assault 421 » from Eng. 652 trespass neglecting. 654 petty damages . . 724 notice to parents . 649 Towing path—injury to 482 registers . - 651 Trade mark ; 639-46 return of, by Reg. - 652 Traders’ contracts . 646-7 unfitness for « 650 Transport— Vagabond—who is 509 fictitious, used by leaving almshouse voter 206 without discharge . 509 purchase money not Vagrant—infirm, sent to expressed 1 in. 619 almshouse . . 508 Tansportation— removal of from do. . 508 commutation of. 102, 592 | Valuable security—de- Treason . 418, 647, 648 fined . 403 Trees— delivery of, by false cut by C.C. Engineers 637 _ pretences. 397 destroying - 630, 486 inducing execution of 397 stealing . ‘i . 883 larceny of. ; . 3881 receiving . . . 397 U. Vegetables—destroying. 480 stealing . ‘ . 3884 Unmarried woman— Vehicles—see “Carriages,” liability of to maintain “ Carts.” illegitimate child 582) | vena process by v. pee bigamy . ‘ . 4293 father . 588 coinage . . - 164 Uttering forged " trade forgery . ; . 292 mark . 640 larceny . + 890, 401 forged copies of record 288 post-office. ‘ . 539 » registers. . 289 ne attempt to fire, etc. . 485 V. boarding unvisited . 566 Vaccination— . - 650 » quarantine . 567 800 PAGE Vessels— buoys, damaging . 485 cleansing, by B. of Health . ; . 140 compulsory return to quarantine of. - 567 compulsory stay in quarantine of. - 567 customs 182, 183, 189 damaging. : » 485 | destroying wrecks . 485 discharging cargo of, unaccounted for . 189 exhibiting false signal 485 false bulkheads. . 189 flag, for quarantine . 566 from infected places put in quarantine . 566 gunpowder, regula- tions for security of, with regardio . 802 gunpowder, placing near with intent to damage : - 485 harbouring immigrants 860, 861 landing from quaran- tine. . . 566 larceny from . * 888 lazarettos . . 567 letters, detaining on board P ‘ 546 lightsby C.C. Engineer from, . 639 officer of customs per- mitting to report, » before complying with P.O. ord. . 547 quitting unvisited by H, M. or officer . 566 quitting during quar- antine . : . 567 setting fire to 434, 485 stealing from . . 888 visitation of, by Board of Health . . 140 INDEX. PAGE Vestry—S. J. P. member of ‘ 7 . 527 appointment of 658, 654 pew rents : 654 powers of ‘i . 655 Viadugts—injury to . 482 Villages— annual estimate . 659 » assessment . 665 a », insufficient 660 . », false . 665 appraisement . . 658 cattle grazing . 664 central board 655, 668, 674 commissary, duties as to ; . 661 councillors, election of 657 council . . . 656 drainage . . . 670 inspector of 668-9 notice to cleanse . 662 occupation of ungranted Crown Lands, etc. 662 regulations . . 655 sanitary condition of 661-2 strays on lands of . 664 swine straying . . 665 trespass on lands of . 665 watchmen,obstructing 664 wood cutting . . 664 Voters— clerical assessor . 154 membersof Coll.of El. 197 Voyage—intercolonial . 878 W. Wages — sce ‘ Labour Law” action for prescription 744 manager refusing to pay to constable levying distress . 721 Wandering and begging 507 on premises ‘without leave , A . 507 INDEX, 801 PAGE PAGE Warehouse—found in, Whipping— forunlawfal purpose 510 at pen. sett. . 558 setting fixe to . « 427 of males . ' 23 Warrants— Widow—liability, of to ae without maintain family 581 400, 623 | Wife—desertion of 448, 588 for . _ apprehension of Wilfal a ic deserter - 882 are 685 for custody of child . 5385 | Wilful trespass— », recovery ofarrears action for, concurrent under maintenance right of A . 692 order . 586 action for, conviction for taking charge of a bar to as . 693 orphan.. . 485 appearance of prose- under registration ord. 577 cutor requisite 19, 689 issuable on Sunday or boat used in . 689, 690 holiday . . 61 by estate labourers 687 persons in charge 35 landlord . 780 without 518 » vagrant 510 Watchman . 210 canes found in posses- Watercourse—injury to 481 sion of . . 686 Waterway—New-Am. 674-7 fish found in posses- Waterworks—George- sion of , 690 town . é 677-8 horses used in . 689 Weigher and Gauger 678-680 landing to cut wood. 690 Weight— leper asylum on 407 avoirdupois 681 notice against, pulling forging 684 down ‘ - 691 incorrect, comparison notice against, ex- of : - 688 penses of restoring 691 inspector of . 615, 680 prison premises on 562, 693 » neglect of on estate buildings 688 duty by . 684 » 99 trench 688 », fees of 685 » 3) _ pasturage 687 light . ; . 683 » land between stamped . 681, 687 watermarks 689 standard . 680 », Village lands 665 unauthorised . 682 title to lands, where in unjust ‘ . 6838 dispute . b . 691 Wharves—damaging 481 | Wills—destruction of . 882 stealing from . 888 larceny of ‘ . 882 Whipping—injuries to Wire fence—stealing . 888 person « F . 426 ee . . . 476 uries to propert, 437 itness— ee eet 2 Bagel : appeal aaa 722 prisons ord. . . 557 bound over , 10, 60 802 INDEX. PAGE PAGE Witness— Women—abduction of . 4386 bound over in civil Wood—casting of, on matters ; . 718 railway. - 418, 482 children . ‘ . (14 cutting of. - 664, 216 commitment for con- setting fire to . . 4380 tempt ord. 19, 56, stealing . « 882 Sched. i Words—threatening » 6500 competency of . s a abusive . . + 6500 compulsory answer of 12 insulting . . » 500 cross-examination—. Work — see ‘ Labour as to previous state- Law.” ment in writing. 15 defined, telegraph depositions— ord. . . - 683 discredit of, by party trade . 7 . 647 producing ; 14 | Workhouse . ’ 580 immigrants. » 14 | Works of art—injury to 438 Indians . : - 14 | Wounding— juvenile . : 14 animals , i . 484 indemnified for evidence with intent to rob . 885 as to Sunday trading 625 » tomurder 413 ordering out of court 17 Wrecke—destruction of. 4385 privilege of . . 11 | Writ of assistance—to process against . » 1 search . a . 187 proof of contradictory Writing—defined . . 745 statementofadverse 14 comparisonofdisputed 15 proof of previous con- placing indecent or in- viction of . - 15 sulting on wall . 508 proof by attesting . 15 put in before J. P. remuneration to . 747 | Written instruments—- . summons . . 10 larceny of ; . 392 » by LA. G. 848 treason, 2 required Y. for. 3 . 648 | Yams—stealing . . 884 FINIS, February, 1888. A CATATOGUE LAW WORKS PUBLISHED BY STEVENS AND SONS, 119, CHANCERY LANE, LONDON, W.C. (And at 14, Bell Yard, Lincoln’s Inn). Telegraphic Address—‘‘ RHODRONS, London.”’ A Catalogue of Modern Law Works (1888), together with a complete Chronological List of all the English, Trish, and Scotch Reports, Abbreviations used in reference to Law Reports and Text Books, and an Index of Subjects. Demy 8vo. (100 pages), cloth lettered. Sent free on receipt of two penny stamps. Acts of Parliament.—Pudlic and Local Acts from an early date may be had of the Publishers of this Catalogue, who have also on sale the largest collection of Private Acts, relating to Estates, Enclosures, Railways, Roads, &c., &c. ACCOUNT STAMP DUTY.—Gosset.— Vide “ StampDuty.” ACTION AT LAW.—Foulkes’ Elementary View of the Proceed- ings in an Action in the Supreme Court, with a Chapter on Matters and Arbitrations—(Founded on ‘‘Smmrn’s AcTIoN aT Law.”) By W. D. I. Fourxxs, Esq., Barrister-at-Law. Third Edition. 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Royal 8vo. 1882. : 36s. “This edition gnay be commended to the profession as comprehensive, accurate and practical.”’—Solicitors’ Journal. : ARTICLED CLERKS.—Rubinstein and Ward's Articled Clerks’ Handbook.—Being a Concise and Practical Guide to all the Steps Necessary for Entering into Articles of Clerkship, passing the Pre- liminary, Intermediate, Final, and Honours Examinations, obtaining Admission and Certificate to Practise, with Notes of Cases Third Edition, By J. S. Ruzrnsrzm and S. Warp, Solicitors. a 1881. ‘ 8 “No articled clerk should be without it.’—Law Times. ASSETS, ADMINISTRATION OF.—Eddis’ Principles of the Administration of Assets in Payment of Debts——By Anraun Suetiy Eppis, one of Her Majesty’s Counsel. Demy 8vo. 1880. 6s. AUSTRALASIAN COLONIES.—Wood's Laws of the Australasian Colonies as to the Administration and Distribution of the Estate of Deceased Persons; with a Preliminary Part on the Foundation and Boundaries of those Colonies, and the Law in force in them. By Joun Denntstoun Woop, Esq., Barrister-at-Law. Royal 12mo. 1884. : 6s. AVERAGE.—Hopkins'’ Hand-Book of Average, to which is added a Chapter on Arbitration.—Fourth Edition. By Manitey Horxms, Esq., Author of ‘A Manual of Marine Insurance,’’ &c, Demy 8vo. 1884. 118. “The work is eminently practical, and exhibits the results of practical experience in every branch of the subject with which it deals, and the book may properly find its place ix the Ubrary of every lawyer who occupies himself with ships and shipping.” — ourna, *,* All standard Law Works are kept in Stock, in law edif and other bindings. 119, CHANCERY LANE, LONDON, W.C. 8 AVE RAG E—continued. Lowndes’ Law of General Average.—English and Foreign. Fourth Edition. By Ricuarp Lownopss, Average Adjuster. Author of ‘‘The Law of Marine Insurance,” &c. Royal 8vo. 1888. 12. 10s. BALLOT.—Fitzgerald's Ballot Act.— With an Introduction. Forming a Guide to the Procedure at Parliamentary and Municipal Elections. Second Edition. By Grratp A. R. Firzezratp, Esq., Barrister- at-Law Fecap. 8vo. 1876. 5s. 6d. BANKING.—Walker’s Treatise on Banking Law.—Second Edition. By J. D. Watxer, Esq., Barrister-at-Law. Demy 8vo. 1885. 15s. BANKRUPTCY.—Chitty’s Index, Vol. 1— Vide ‘« Digests.’” ; Haynes’ Lectures on Bankru ptcy; originally delivered before the members of the Liverpool Law Students’. Association. By Joun.F. Haynzs, LL.D. Royal 12mo. 1884. ‘Bs. Lawrance's Precedents of Deeds of Arrangement between Debtors and their Creditors ; including Forms of Resolutions for Compositions and Schemes of Arrangement under the Bankruptcy Act, 1883. Third Edition. With Introductory Chapters ; also the Deeds of Arrangement Act, 1887, with Notes. By G. W. Lawrancn,, Esq., Barrister-at-Law. Svo. 1888. ; “Gs. 6d. “6 Will be of much use to the practitioner.’—Law Quarterly Review. ‘A small but useful collection of precedents by a draftsman very familiar with the subject.”—Law Journal. Rigg’s Bankruptcy Act, 1883, and the Debtors Act, 1869, with the Rules and Forms belonging thereto, and the Bills of Sale Acts, 1878 and 1882, Edited with a Commentary. By Jaws McMotten Rice, Esq., Barrister-at-Law. “Royal 12mo. 1884. 10s.6d. ‘Williams’ Law and Practice in Bankruptcy.—Comprising the Bankruptcy Act, 1883, the Bankruptcy Rules, 1886, the Debtors Acts, 1869, 1878, and the Bills of Sale Acts, 1878 and 1882. Fourth Edition. By R. Vaucnan Wittiams, W. Vavenan Wiiziams, and Epwarp Ww. Hansstt, Esqrs., Barristers-at-Law. Roy. 8vo. 1886. 288. “The volume is brought quite up to date, and we can recommend it asa safe and useful guide to practitioners.”—Law Quarterly Review, January, 1887. “(Is a work of authority, and it expounds the principles affectin, ey jurisdiction, lays down the law, and supports all propositions by decided cases, whi are digested with neatness and accuracy. In this fourth edition the author and editors have brought everything up to the date of publication, and the edition wil] sustain, if not increase, the reputation of its predecessors.”—Law Times, BILLS OF EXCHANGE.—Chalmers’ Digest of the Law of ‘Bills » of Exchange, Promissory Notes, and Cheques. Third Edition, containing the Bills of Exchange Act, 1882, with commentary thereon. By His Honour Judge Cuatmers, Draughtsman of the Bills of Exchange Act, 1882,.&c. Demy 8vo. 1887. 16s. # i i ded to it illustrations in the nature of short statements sees ee ee prepared with that skilful conciseness of which the. judge is a master.””—Law Times, July 2, 1887. _- . es Te aient work is anigne. ‘Asasi tement and explanation of the lew, it will be found singularly useful.”"—Solicitors’ J¢ 1, October 8, 1887. : S OF SALE.—Fithian's Bills of Sale Acts, 1878 and 1882, eo trith an Introduction and Explanatory Notes showing the changes made in the Law with respect to Bills of Sale, together with an Appendix of Precedents, Rules of Court, Forms, and Statutes. Second Edition. By Epwazp WitiaM Firutan, Esq., Barrister-at- Law. Royal12mo. 1884. 6s. “The notes appear thoroughly reliable.’—Law Times. ©," All standard Law Works are kept in Stock, in law calf and other bindings, . a : , 4 STEVENS AND SONS’ LAW PUBLICATIONS. BOOK-KEEPING.—Matthew Hale's System of Book-keeping for Solicitors, containing a List of all Books necessary, with a compre- hensive description of their objects and uses for the purpose of Drawing Bills of Costs and the rendering of Cash Accounts to clients ; also showing how to ascertain Profits derived from the business ; with an Appendix. Demy 8vo. 1884. 5s. 6d. “We think this is by far the most sensible, useful, practical little work on solicitors’ book-keeping that we have seen.”—Law Students’ Journal. BUILDING SOCIETIES.—Wurtzburg on Building Societies — The Acts relating to Building Societies, comprising the Act of 1836 and the Building Societies Acts, 1874, 1875, 1877, and 1884, and the Treasury Regulations, 1884; with an Introduction, copious Notes, and Precedents of Rules and Assurances. By E. A. Wunrrzzurs, Esq., Barrister-at-Law. Royal12mo. 1886. "8, 6d. “Mr, Wurtzburg’s work is clearly and sensibly done.’—Law Quarterly Review. “The work presents in brief, clear, and convenient form the whole law relating to Building Societies.” CANALS.—Webster’s Law Relating to Canals: Comprising a Trea- tise on Navigable Rivers and Canals; and including all Legislation to the close of the last Session of Parliament, together with the Pro- cedure and Practice in Private Bill Legislation; with a coloured Map of the existing Canals and Navigations in England and Wales. By RosertG. WexsteEe, Esq., Barrister-at-Law. Demy8vo. 1885. 12.18. .CARRIERS.—Browne on Carriers——A Treatise on the Law of Carriers of Goods and Passengers by Land and Water. By J. H.B. Browne, Esq., Barrister-at-Law. 8vo. 1873. 188. eCarver's Treatise on the Law relating to the Carriage of Goods by Sea,—By Tuomas Gitpert Carver, Esq., Barrister-at-Law. Royal 8vo. 1885. ° 82s. -*« A careful and accurate treatise.”—Law Quarterly Review, No. 5. e *¢ There can be no question that Mr. Carver has produced a sound and useful treatise - on the branch of mercantile law upon which he has set himself to write.” —Law Journal. * Part I. deals with the Contract, Part I. with the Voyage, and Part IL. with the Delivery. All three subjects are treated with consummate care, added to a literary skill of no meanorder. . . . ._. The work has the rare merit of being within the limits of a student’s capacity, and at the same time useful to the Admiralty practi- tioner.”—Law Times. CHAMBER PRACTICE.—Archibald’'s Practice at Judges’ Cham- bers and in the District Registries in the Queen's Bench Division, High Court of Justice; with Forms of Summonses and Orders. Second Edition. By W. F. A. Arcurpatp, Esq., Bar- rister-at-Law, and P. E. Vizarp, of the Summons and Order De- partment, Royal Courts of Justice. Royal 12mo. 1886. , lds. 4 Cannot fail to be of the greatest service to practitioners.””—Solicitors’ Journal. ‘In its present form it is undoubtedly a valuable handbook of the practice in the Queéi’s Bench Division Chambers, before either a jury or master, or before a district registrar. . . . . The work, as a whole, seems thoroughly complete.” —Law Times. *¢ Contains a great many forms of summonses and orders of much use to the prac- titioner. The comments on the law are in general clear and trustworthy.” —Law Journal, CHANCERY, and Vide ‘‘ Equity.” Daniell’s Chancery Practice.—The Practice of the Chancery Division of the High Court of Justice and on appeal therefrom, being the Sixth Edition of Daniell’s Chancery Practice, with alterations and additions, and references to a companion Volume of Forms. By L. Fiery, E. C. Dunn, and T. Risroy, assisted by W. H. Upsoxn, Barristers-at-Law. 2 vols. in 3 parts. Demy 8vo. 1882-84. 6/. 68. “There is to be f nit , in every part of the book we have examined, evidence of greatcare. . . . Re if exactly what it professes to be—a concise and careful digest of the practice.”—Solicttors’ Journal. ** A complete, trustworthy, and indispensable guide to the practice of the Chancery Division.”’—Law 'imes. 4 *,* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 6 CHANCE RY—continued. Daniell's Forms and Precedents of Proceedings in the Chancery Division of the High Court of Justice and on Appeal there- from. Fourth Edition. With Summaries of the Rules of the Supreme Court, Practical Notes and References to the Sixth Edition of “Daniell’s Chancery Practice.’? By Cartes Burney, B.A. Oxon., a Chief Clerk of the Hon. Mr. Justice Chitty. Royal 8vo. 1885. 2J.10s. “‘ Many of the chapters have been revised b i i i : persons specially qualified to deal with their contents.”—Law Quarterly Review, July, 1885, f a Morgan's Chancery Acts and Orders.—The Statutes, Rules of Court and General Orders relating to the Practice and Jurisdiction of the Chancery Division of the High Court of Justice and the Court of Appeal. With Copious Notes. Sixth Edition. By the Right Hon. Grorez Ossonnz Moraan, one of Her Majesty’s Counsel, and E. A. Worrznung, Barrister-at-Law. Royal 8vo. 1885. 12. 10s. Peel's Gianesty Actions.—A Concise Treatise on the Practice and Procedure in Chancery Actions under the Rules of the Supreme Court, 1883. Third Edition. By Sypney Prex, Esq., Barrister- at-Law. Demy 8vo. 1883. 8s. 6d. CHARITABLE TRUSTS.—Mitcheson's Charitable Trusts.—The Jurisdiction of the Charity Commission; being the Acts conferring such jurisdiction, 1853—1883, with Introductory Essays and Notes on the Sections. By Ricuarp Epmunp Mircuxson, Esq., Barrister- at-Law. Demy 8vo. 1887. 18s. “A very neat and serviceable hand-book of the Law of the Charity Commissioners.”’ —Law Journal, August 13, 1887. ‘The cases appear to have been very carefully noted up, and the introductory portion of the work comprises very useful chapters on ‘Charitable Uses’ and the * Cy-prés’ doctrine. . . We can congratulate ‘Mr. Mitcheson on his valuable produc- tion.”’—Law Times, August 6, 1887. CHARTER PARTIES.—Carver.—Vide “Carriers.” Wood.—Vide ‘“Mercantile Law.” ; COAL _MINES.—Chisholm's Manual of the Coal Mines Regulation ACT, 1887.—With Introduction, Explanatory and Practical Notes and References to Decisions in England and Scotland, Appendix of Authorized Forms, Particulars as to Examinations for Certificates, &c., anda copious Index. By Joun C. Cuisnoum, Secretary to the Midland and East Lothian Coalmasters’ Association. Demy 8vo. 1888. 7s. 6d. COLLISIONS.—Marsden's Treatise on the Law of Collisions at Sea,—With an Appendix containing Extracts from the Merchant Shipping Acts, the International Regulations for preventing Col- lisions at Sea; and local Rules for the same purpose in force in the Thames, the Mersey, and elsewhere. Second Mdition. By Rzear- Nnatp G. Marspen, Esq., Barrister-at-Law. Demy 8vo. 1885. 14. 1s. COMMERCIAL LAW.—The French Code of Commerce and most usual Commercial Laws.—With a Theoretical and Practical Commentary, and a Compendium of the Judicial ee and of the Course of Procedure before the Tribunals of Commerce ; to- gether with the text of the law; the most recent decisions, and a glossary of French judicial terms. By L. Gozzanp, Licencié cn droit. Demy 8vo. 1880. 2. 2a, COMMON LAW.—Ball's Short Digest of the Common Law; being the Principles of Torts and Contracts. Chiefly founded upon the Works of Addison, with Illustrative Cases, for the use of Students. By W. Epuunp Batt, LL.B., Barrister-at-Law. Demy 8vo. 1880. 16s. Chitty's Archbold's Practice of the Queen’s Bench Division of the High Court of Justice and on Appeal therefrom to the Court of Appeal and House of Lords in Civil Proceedings. Fourteenth Edition. By Tuomas Witzes Curry, assisted by J. Sr. L. Leste, Barristers-at-Law. 2vols. Demy 8vo. 1885. 3/.138.6d. «,* All standard Law Works are kept in Stock, in law calf and other bindings, 6 STEVENS AND' SONS’ LAW PUBLICATIONS. COMMON LAW—continued. Chitty’s Forms.— Vide ‘‘ Forms.” Fisher's Digest of Reported Decisions in all the Courts, with a Selection from the Irish; and references to the Statutes, Rules and Orders of Courts from 1756 to 1883. Compiled and arranged by Joun Mews, assisted by C. M. Cuarman, Harry H. W. Sparnam and A. H. Topp, Barristers-at-Law. In7 vols. Royal 8vo. 1884. 127. 12s. *,* Annual Supplements, for 1884, 12s. 6d. 1885, 1886, 1887, 15s. each. This latest Digest of Common-Law Cases (founded on Fisher’s Digest, and covering the decisions down to 1884) is by far the best digest ever published. fi It is superior to Harrison, and previous Editions of Fisher, because it as— 1. A new and better division into topics and sub-topics. 2. A more logical arrangement of cases under each topic. 3. A concise statement of facts, and a clear synopsis of the decision in each case. 4. A much more complete system of cross-references. 5. One alphabetical arrangement down to 1884. This digest is so full, that it is almost equal to having @ complete col- lection of the English Common Law Reports. Napier's Concise Practice of the Queen's Bench and Chancery Divisions and of the Court of Appeal, with an Appendix of Questions on the Practice, and intended for the use of Students. By T. Bareman Napier, Esq., Barrister-at-Law. Demy 8vo. 1884. 10s. Shirley.— Vide ‘* Leading Cases.”’ Smith’s Manual of Common Law.—For Practitioners and Students. Comprising the Fundamental Principles, with useful Practical Rules and Deaateus: By Josian W. Suirz, B.C.L., Q.C. Tenth Edition. By J. Trustram, LL.M., Esq., Barristergat-Law. 12mo. 1887. 14s. ** Mr. Trustram seems to have performed his taskof editing well, and has brought the work well down to date.”—The Jurist, June, 1887. COMMONS AND INCLOSURES.—Chambers' Digest of the Law relating to Commons and Open Spaces, including Public Parks and Recreation Grounds. * By Gzorcu F. Cuamsers, Esq., Barrister- at-Law. Imperial 8vo. 1877. °° ‘os 68. 6d. COMPANY ,LAW.—Palmer's Private Companies, their Formation and Advantages; being a Concise Popular Statement of. the Mode of Converting a Roce ‘into a Private Company, and the Benefit of so. - doing. ith Notes ou ‘‘Single Ship Companies.”’ Sixth Edition. By F. B. Parmer, Esq., Barrister-at-Law. 12mo. 1887, Net, 2s. Palmer.— Vide ‘‘ Conveyancing’’ and " Winding-up.”’ be. Palmer’s Shareholders’ and Directors’ Legal Companion.—A Manual of every-day Law.and Practice for Promoters, Shareholders, | Directors, Secretaries, Creditors and Solicitors of Companies, under‘ , the Companies Acts, 1862t01886. Seventh Edition. Withan Appendix on the Conversion of Business Concerns into Private Companies. By F. B. Parmer, Esq., Barrister-at-Law. 12mo. 1888.» Net, 2s. 6d. Thring.— Vide ‘‘ Joint Stocks.” , | COMPENSATION.—Cripps’ Treatise on the Principles of the Law of Compensation, Second Edition. By C. A. Carers, Esq., Barrister-at-Law. Demy 8vo. 1884. és 16s. “ A complete treatise on the subject in which it professes to deal.”—Law Times. COMPOSITION DEEDS.—Lawrance.— Vide “‘ Bankruptey.”’ CONTINGENT: REMAINDERS.—An sEpitome of Fearne on Contingent Remainders and Executory Devises. Intended for the Use of Students. By W.M.C. Post 8vo. 1878. 6s. 6d. *,* All standard Law Works are kept in Stock, in law calf and other bindings, 119, CHANCERY LANE, LONDON, W.C. 7 CONTRACTS,—Addison on Contracts. Being a Treatise on the Law of Contracts. Highth Edition. By Horace Sura, Esq., Barrister-at-Law, Recorder of Lincoln, Author of ‘‘.A Treatise on i the Law of Negligence,’’ &c. Royal 8vo. 1883. 21. 10s. ‘To the present editor must be given all ‘praise which untiring industry and in- telligent research can command. He has presented the profession with the law brou cht down to the present date clearly and fully stated.”—Law Times. . This edition of Addison will maintain the reputation of the work as a satisfactory guide to the vast storehouse of decisions on contract law.” —Solicitors’ Journal. Fry.— Vide ‘‘ Specific Performance.” Leake on Contracts.—An Elementary Digest of the Law of Con- tracts. By Srepaun Marri Legs, Barrister-at-Law. Demy 8vo. 1878. 1d. 18s. Pollock's Principles of Contract.—Being a Treatise on the General Principles relating to the Validity of Agreements in tho Law of England. Fourth Edition. By Freprrtcx Portocs, Esq., Barrister- at-Law. Demy 8vo. 1885. 12. 8. Smith's Law of Contracts.—Eighth Edition. By V. T. Tompson, Esq., Barrister-at-Law. Demy 8vo. 1885. 1. 1s “ The best introduction to the law of contracts which can be put before the student.” —Law Journal, Jan. 31, 1885. CONVEYANCING.—Dart.— Vide “‘ Vendors and Purchasers.’’ Greenwood’s Manual of Conveyancing.— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors’ Offices. To which are added Concise Common Forms and Precedents in Conveyancing. Seventh Edition. Edited by Harry Greznwoop, M.A., Esq., Barrister-at-Law. Demy 8vo. 1882. 16s. “We should like to see it placed by his principal in the hands of every articled clerk. One of the most useful practical works we have ever seen.” —Law Students’ Journal, - Humphry’s Common Precedents in Conveyancing.—Adapted to the Conveyancing Acts, 1881-82, and the Settled Land Act, 1882, &c., together with the Acts, an Introduction, and Practical Notes. Second Edition. By Hucn M. Humpury, M.A., Esq., Barrister- at-Law. Demy 8vo. 1882. ' a 12s. 6d. Morris's Patents Conveyancing.—Being a Collection of Precedents in Conveyancing in relation to Letters Patent for Inventions. Arranged as follows:—Common Forms, Agreements, Assignments, Mortgages, Special Clauses, Licences, Miscellaneous; Statutes, Rules, &c. With Dissertations and Copious Notes on the Law and Prac- tice. By Rosent Morzis, M.A., Barrister-at-Law. Royal 8vo. 1887. : - : 11. 5s. * Containg, valuable dissertations, and useful notes on the subject with which it deals. .... “Wethink it would be difficult to» cunaees a form which is not to be met with or capable of. being prepared from the book before us. To those whose business lies in the direction of lettereentent and inventions it will be found of great service. .... Mr. Morris’ forms seem tots to be well selected, well arranged, and thoroughly prac- tical.” —Lau!' Times, August, 20, 1887. Palmer's Company Precedents.—For, use in relation to Companies subject to: the Companies Acts, 1862 to 1883. Arranged as follows :—Agreements, Memoranda and Articles of Association, Resolutions, Notices, Certificates, Prospectus, Debentures, Policies, Private Companies, Writs, Petitions, Judgments and Orders, Wind- ing-up, Reconstruction, Amalgamation,. Arrangements, - Special Acts. With Copious Notes. Fourth Edition. By Francis Bzav- Fort Patmer, Esq., Barrister-at-Law. Royal 8vo. (I# preparation.) “In company drafting it stands unrivyalled.”—Law Times. +,2 All standard Law Works are kept in Stock, in law calf and other bindings. 8 STEVENS AND SONS’ LAW PUBLICATIONS. CONVEYANCING—continued. Prideaux's Precedents in Conveyancing—With Dissertations on its Law and Practice. Thirteenth Edition. By Frepertck Pri- DEAUX, late Professor of the Law of Real and Personal Property to the Inns of Court, and Jonn Wuitcomez, Esgqrs., Barristers-at-Law. 2vols. Royal 8vo. 1885. 31. 108. “The most useful work out on Conveyancing.””—Law Journal. : “ This work is accurate, concise, clear, and comprehensive in scope, and we know of 26 treatise upon conveyancing which is so generally useful to the practitioner.” —Law MES. “The conciseness and scientific precision of these Precedents of the Future are at once pleasing and startling.’”—Law Magazine. Turner's Duties of Solicitor to Client as to Partnership Agree- ments, Leases, Settlements, and Wills.—By Epwarp F. Turner, Solicitor, Lecturer on Real Property and Conveyancing, Author of ‘‘ The Duties of Solicitor to Client as to Sales, Purchases, and Mortgages of Land.’’ (Published by permission of the Council of the Incorporated Law Society.) Demy 8vo. 1884. 10s. 6d. “* The work has our full approval, and will, we think, be found a valuable, addition to the student’s library.” —Law Students’ Journal. CONVICTIONS.—Paley's Law and Practice of Summary Con. victions under the Summary uurisdiction Acts, 1848 and 1879; including Proceedings preliminary and subsequent to Con- victions, and the responsibility of convicting Magistrates and their Officers, with Forms. Sixth Edition. By W.H.Macnamana, Esq., Barrister-at-Law. Demy 8vo. 1879. 11. 4s, COPYRIGHT.—Slater's Law relating to Copyright and Trade Marks, treated more particularly with Reference to Infringe- ment; forming a Digest of the more important English and Ameri- can decisions, together with the Practice of the English Courts and Forms of Informations, Notices, Pleadings, and Injunctions. By Joun Hezsert Siater, Esq.; Barrister-at-Law. Demy 8vo. 1884. 183. CORONERS,.—Juervis on the Office and Duties of Coroners.— With Forms and Precedents. Fourth Edition. By R, E. Muzt- SHEIMER, Esq., Barrister-at-Law. Post 8vo. 1880. 12s. COSTS.—Morgan and Wurtzburg's Treatise on the Law of Costs in the Chancery Division of the High Court of Justice.—Being the Second Edition of Morgan and Davey’s Costs in Chancery. With an Appendix, containing Forms and Precedents of Bills of Costs. By the Right Hon. Gzorcr Osporne Morgan, Q.C., and E. A. Wurrz- surg, Esq., Barrister-at-Law. Demy 8vo. 1882. 12. 10s. wis Cannot fail to be of use to solicitors and their Chancery managing clerks.”—Law tmes. Summerhays and Toogood's Precedents of Bills of Costs in the Chancery, Queen's Bench, Probate, Divorce and Ad- -miralty Divisions of the High Court of Justice; in Conveyancing ;, the Crown Office; Bankruptcy; Lunacy; Arbitration under the Lands Clauses Consolidation Act; the Mayor’s Court, London; the County Courts; the Privy Council; and on Passing Residuary and Succession Accounts; with Scales of Allowances; Rules of Court re- lating to Costs; Forms of Affidavits of Increase, and of Objections to Taxation. Fifth Edition. By Wma. Frank Summernays, and THornton Toocoop, Solicitors. Royal 8vo. 1887. 1. 8a. In the volume before us we have a very complete manual of taxation. The workis beautifully printed and arranged, and each item catches the eye instantly.’’—Law Journal. 5 ©,* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 9 COSTS—continued. Scott's Costs in the Bien Court of Justice and other Courts, Fourth Edition. By Jonn Scorr, of the Inuer Temple, Esq., Barrister-at-Law. Demy 8vo. 1880. 1. 68. Webster's Parliamentary Costs.—Private Bills, Election Petitions, Appeals, House of Lords. Fourth Edition. By C. Cavanacu, Esq., Burrister-at-Law. Post 8vo. 1881. 20s. COUNTY COURTS.—Pitt-Lewis' County Court Practice.—A Complete Practice of the County Courts, including that in Admiralty and Bankruptcy, embodying the Acts, Rules, Forms and Costs, with Additional Forms and a Full Index. Third Edition. By G. Prrr- Lewis, Esq., Q.C., M.P., Recorder of Poole, assisted by H. A. Dz Cotryaz, Esq., Barrister-at-Law. In 2 vols. Demy 8vo. Summary oF Contents. Vol. I. History, Constitution, and Jurisdiction (including Prohibition and Mandamus), Practice in all ordinary Actions (including Actions under the Bills of Exchange Acts, in Ejectment, in Remitted Actions, and in Replevin), and on Appeals, with Appendices, Table of Cases and Index. 1887. 30s. Vol. II. Practice in Admiralty,. Probate, Bankruptcy, and under Special Statutes, with Appendices, Table of Cases and Index. (In the press.) “The standard County Court Practice.”’—Solicitors’ Journal, Dec. 3, 1887. 5, a one of the best books of practice which is to be fuund in our legal literature.””— aw Limes. ‘‘ The practitioner cannot do better than consult this latest edition of Mr. Pitt-Lewis” work, which is, we believe, to the County Courts very much what Seton & Daniell are- in the Chancery Division.”—Law Quarterly Review, Jan. 1888., CRIMINAL LAW.—-Archbold's Pleading and Evidence in Criminak Cases.— With the Statutes, Precedents of Indictments, &c., and the Evidence necessary to support them. Twentieth Edition. By Wiutam Brucz, Esq., Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 1886. 1. 118. 6d. Mews’ Digest of Cases relating to Criminal Law from 1756 to. 1883, inclusive.—By Joun Mews, assisted by C. M. Cuarman, Harry H. W. Srangam, and A. H. Topp, Barristers-at-Law. Royal 8vo. 1884. 12. 1s. Roscoe's Digest of the Law of Evidence in Criminal Cases.—. Tenth Edition. By Horace Smira, Esq., Barrister-at-Law, Recorder of Lincoln. Royal 12mo. 1884. 1d. 11s. 6d.. ‘“We have looked sr a aig number of the recent cases, and have found all correctly stated.” —Solicitors’ Journal. Russells Treatise on Crimes and Misdemeanors.—Fifth Edi- tion. By Samvrn Prentice, Esq., one of Her Majesty’s Counsel, 3 vols. Royal 8vo. 1877. 51, 158. 6d. “What better Digest of Criminal Law could we possibly hope for than ‘ Russell on Crimes’ 1”—Sir James Fitzjames Stephen's Speech on Codification. Shirley's Sketch of the Criminal Law.—By W. 8. Surrzey, assisted by C. M. Arxinsox, Esqrs., Barristers-at-Law. Demy 8vo. re 7s. 6d. “ As a primary introduction to Criminal Law, it will be found very acceptable to students.”’—Law Students’ Journal, Shirley.— Vide ‘‘ Leading Cases.”” Thring.— Vide ‘‘ Navy.” DECISIONS OF SIR GEORGE JESSEL.—Peter's Analysis and Digest of the Decisions of Sir George Jessel, late Master of the Rolls; with Full Notes, References and Comments, and copious Index. By Arstzy Prrze Perer, Solicitor, Law Society Prizeman. Demy 8vo. 1883. y 16s. ©,* All standard Law Works are kept in Stock, in law calf and other bindings, B 10 STEVENS AND SONS’ LAW PUBLICATIONS. DIARY.—Lawyer's Companion (The), Diary, and_Law Directory for 1888,—For the use of the Legal Profession, Public Companies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. Edited by J. Trustram, LL.M., of Lincoln’s Inn, Barrister-at-Law; and contains Tables of Costs in Conveyancing, &c.; Monthly Diary of County, Local Government, and Parish Business; Oaths in Supreme Court ; Summary of Legislation of 1887; Alphabetical Index to the Practical Statutes; a Copious Table of Stamp Duties; Legal Time, Interest, Discount, Income, Wages and other Tables; Probate, Legacy and Succession Duties; and a variety of matters of practical utility. Puprissep Annvatty. Forty-second Issue. 1888. (Now ready.) A complete List of the English Bar, and London and Country Solici- tors, with date of admission and appointments, and is issued in the following forms, octavo size, strongly bound in cloth :— 8s. d. 1. Two days on a page, plain : é ‘ : “ - 6 0 2. The above, INTERLEAVED for ATTENDANCES . e ; . 70 3. Two days on a page, ruled, with or without money columns 5 6 4. The above, with money columns, INTERLEAVED for ATTEN- “DANCES . . . . ‘ . : & - 8 0 5. Whole page for each day, plain. 3 5 7 7 - 7 6 6. The above, INTERLEAVED for ATTENDANCES . : . . 9 6 7. Whole page for each day, ruled, with or without money columns . _ 5 5 é : 5 . “i - 8 6 8. The above, INTERLEAVED for ATTENDANCES . = : - 10 6 9. Three days on a page, ruled blue lines, without money columns . 3 a - . ‘ 7 . : : 0 The Diary contains memoranda of Legal Business throughout the Year. * An excellent work.’’—The Times. : eae “ Contains all the information which could be looked for in such a work, and gives it in a most convenient form and very completely.”—Solicitors’ Journal. | : “Yhe ‘ Lawyer’s Companion and Diary ’ is a book that ought to be in the possession of every lawyer, and of every man of business.” : 3 ; “The ‘ Lawyer’s Companion’ is, indeed, what it is called, for it combines everything required for reference in the lawyer’s office.”—Law Times. ; “Ttis a book without which no lawyer’s library or office can be complete.” —Jrish Law Times. DICTIONARY.—The Pocket Law Lexicon.—Explaining Technical Words, Phrases and Maxims of the English, Scotch and Roman Law, to which is added a complete List of Law Reports, with their Abbre- viations. Second Edition, Enlarged. By Hzeney G. Rawson, Esq., Barrister-at-Law. Fcap.8vo. 1884. 6s. 6d. 6 derful little legal Dictionary.” —Indermaur’s Law Students’ Journal. bt : vay handy, complete, and useful little work.”—Saturday Review, _ “Will be found exceedingly useful to law students and others,” — The Jurist. Wharton’s Law Lexicon.—Forming an Epitome of the Law of Eng- land, and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modern; including the various Legal Terms used in Commercial Business. Together with a Trans- lation of the Latin Law Maxims and selected Titles from the Civil, Scotch and Indian Law. Seventh Edition.. By J. M. Luty, Esq., Barrister-at-Law. Super-reyal 8vo. 1888. 1d, 18s. « On almost every point both student and practitioner can gather information from this invaluable book, which ought to be in every lawyer’s office.” — Gibson’s Law Notes. *< As it now stands the Lexicon contains all it need contain, and to those who value puch a work it is made xnore valuable still.”"—Law Times. © * All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 11 DIGESTS,—Chitty's Index to all the Reported Cases decided in the several Courts of Equity in England, the Privy Council, and the House of Lords, with a selection of Irish Cases, on or relating to the Principles, Pleading, and Practice of Equity and Bankruptcy from the earliest period. Fourth Edition. Wholly Revised, Re-classified, and brought down to the End of the Year 1883. By Hzwry Epwarp Hirst, Esq., Barrister-at-Law. Volumes I. to V. contain the Titles ‘* Abandonment’ to ‘‘ Practice and Pleading.’’ Royal 8vo. 1883-87. Vols. I., If., III. and V. Zach, 10. 1is. 6d. Vol. IV., 20. 28, (Vol. VI., ‘‘ Packer’? to ‘‘ Sovereigns and States,’’ nearly ready.) “The practitioner can hardly afford to do without such a weapon as Mr. Hirst supplies, because if he does nut use it probably his opponent will.””—Law Journal, October 1, 1887. “On the whole the work is thoroughly well done. The laborious care bestowed upon the fourth edition of ‘ Chitty’ deserves all praise.” —Law Quarterly Review. “We think that we owe it to Mr. Hirst to say that on each occasion when‘a volume of his book comes before us we exert some diligence to try and find an omission in it, and we apply tests which are generally successful with ordinary text-writers, but not so with Mr. Hirst. At present we have not been able to find a flaw in his armour. We conclude, therefore, that he is an unusually accurate and diligent compiler.”—Law Limes, January 15, 1887. Dale and Lehmann’'s Digest of Cases, Overruled, Not Followed, Disapprovea, Approved, Distinguished, Commented on and specially considered in the English Courts from the Year 1756 to 1886 inclusive, arranged according to alphabetical order of their subjects ; together with Extracts from the Judgments delivered thereon, and a complete Index of the Cases, in which are included all Cases reversed from the year 1856. By Cuartzs Wm. Mircarrs Datrz, and Rupvotr Cuampers Lznmany, assisted by Caantes H. L. Netsu, and Herpert H. Cup, Bar-risters-at-Law. Royal 8vo. 1887. 21. 10s. (Forms a Supplement to Chitty’s Equity Index and Fisher’s Common Law Dig.) Extract rrom Preracz.J—Our object in compiling this Work has been to facilitate the study of Case Law, by presenting to the inquirer in a novel form, convenient for reference, the history of the various cases that have been adversely discussed or specially considered in the English Courts from 1756 up to the present time. : Extracts From Rrvizws.]—‘' One of the best works of reference to be found in any library.””—Law Times, July 2, 1887. toon! . “The work has been carefully executed, and is likely to be of much service to the practitioner.’”’—Solicitors’ Journal, July 16, 1887. : “So far as we have tested the work, it seems very well done, and the mechanical execution is excellent. As for the utility of such a book as this, it is too obvious to be enlarged upon. One could wish that there had been a ‘ Dale & Lehmann’ some yeara sooner.”’—Law Quarterly lteview, July, 1887. 6 ier: “The book is divided into two parts, the first consisting of an alphabetical index of the cases contained in the Digest presented in a tabular form, showing at a glance how, where, and by what judges they have been considered. The second portion of the book comprises the Digest itself, and bears marks of the great labour and research bestowed upon it by the compilers. Their Bisa is to give passages from the judgments in which the cases overruled or otherwise dealt with are considered, the extracts being digested and arranged according to their subject-matter. .... This mukes a valuable work of reference.”’—Law Journal, June 4, 1837. Fisher's Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce, together with a Selection from those of the Court of Chancery and Irish Courts from 1766 to 1883inclusive. Founded on Fisher's Digest. By Joan Mews, assisted by C. M. Cuarman, Harry H. W. Sraruam, and A. H. Topp, Barristers-at-Law. 7vols. Royal 8vo. 1884. 122. 12s. ¢,* Annual Supplements (in continuation of Fisher’s Digest and Chitty’s Equity Index) for 1884, 12s. 6d.; 1885, 15s. ; 1886, 148.; 1887, 15s. “To oe common lawyer it is, in our opinion, the most useful work he can possesw.’” —Law Pimes, *,* All standard Law Works are kept in Stock, in law calf and other bindings. B2 12 STEVENS AND SONS’ LAW PUBLICATIONS. DIGESTS—continued. Notanda Digest in Law, Equity, Bankruptcy, Admiralty, Divorce, and Probate Cases.—By H. Tupor Boppam and Harry GruEn- woop and E. W. D. Manson, Esqrs., Barristers-at-Law. Third Series, 1873 to 1876 inclusive, half-bound. Net, 11. 11s. 6d. Ditto, Fourth and Fifth Series, for the years 1877, 1878, 1879, 1880, 1881, 1882, 1883, and 1884, with Index. Each, net, 11. 1s. Ditto, Sixth Series, for 1885, 1886 and 1887, with Index. By E. W. D. Manson, Esq., Barrister-at-Law. Each, net, 1. 18. Ditto, ditto, for 1888. Plain Copy and Two Indexes, or Adhesive Copy for insertion in Text-Books (without Index). Annual Sub- scription, payable in advance. Net, 218. *,* The numbers are issued every alternate month. Each number contains a concise analysis of every case reported in the Law Reports, Law Journal, Weekly Reporter, Law Times, and the Irish Law Reports, up to and including the cases contained in the parts for the current month, with references to Text-books, Statutes, and the Law Re- ports Consolidated Digest. DISCOVERY.—Hare's Treatise on the Discovery of Evidence.— Second Edition. By Suertock Harz, Barrister-at-Law. Post 8vo. 1877. 128. Sichel and Chance'’s Discovery—The Law relating to Interroga- tories, Production, Inspection of Documents, and Discovery, as well in the Superior as in the Inferior Courts, together with an Appendix of the Acts, Forms and Orders. By Watrer 8. Sicuet, and WILLIAM Cuancz, Esqrs., Barristers-at-Law. Demy 8vo. 1883. 12s, “Of material assistance to those who are much engaged in judges’ chambers or in the county courts.”—Law Magazine. DISTRESS.—Oldham and Foster on the Law of Distress—A Treatise on the Law of Distress, with an Appendix of Forms, Table of Statutes, &. By ArtHur OxpHam and A. La Trop Foster, Esqrs., Barristers-at-Law. Demy 8vo. 1886. 18s, “A careful and accurate digest of the Law of Distress, and one which will be especially useful to country solicitors.’—Law Times, February 20, 1886. DISTRICT REGISTRIES.—Archibald.—Vide ‘‘ Chamber Practice.” DIVORCE.—Browne's Treatise on the Principles and Practice of the Court for Divorce and Matrimonial Causes: With the Statutes, Rules, Fees and Formsrelating thereto. Fourth Edition. By Groner Browne, Esq., Barrister-at-Law. Demy 8vo. 1880. 14. 4s. ‘The book is a clear, practical, and, so far as we have been able to test it, accurate exposition of divorce law and procedure.”’—Solicitors’ Journal. *,* Supplement to above. By L. D. Powzs, Esq., Barrister-at-Law. Demy 8vo. 1884. 6s. DOMICIL.—Cuthbertson's Test of Domicil_—The Conflict between the Dicta of Sir John Leach and Lords Hatherley, Westbury, and Chelmsford on Domicil of Origin decided by means of Story. By Francis Curanerrson, LL.D., late Fellow of Corpus Christi College, Cambridge. Demy 8vo. 1887. 2s. Dicey's Le Statut Personnel anglais ou la Loi du Domicile.— Ouvrage traduit et complété d’aprés les derniers arréts des Cours de Justice de Londres, et par la comparaison avec le Code Napoléon et les Diverses Législations du Continent... Par Emirz Srocavarr, ae 4 la Cour d’Appel de Bruxelles. Tome I. Demy 8vo. 7 12s. *,* All standard Law Works are kept in Stork, in law caif and other bindings. 119, CHANCERY LANE, LONDON, W.C. 13 EASEMENTS.— Goddard's Treatise on the Law of Easements,— By Joun Leysourn Gopparp, Esq., Barrister-at-Law. Third Edition. Demy 8vo. 1884. 12. 1s. “ An indispensable part of the lawyer’s library.””—Solicitors’ Journal. “The book is invaluable: where the cases are silent the author has taken pains to ascertain what the law would be if brought into question.”—Law Journal. “Nowhere has the subject been treated so exhaustively, and, we may add, so scien tifically, as by Mr. Goddard. We recommend it to the most careful study of the law student, as well as to the library of the practitioner.”—Law Times. Innes! Digest of the English Law of Easements. Third Edition. Mr. Justice Inwzs, lately one of the Judges of Her Majesty’s High Court of Judicature, Madras. Royal 12mo. 1884. 6s. ECCLESIASTICAL LAW.—Phillimore's Ecclesiastical Law of the Church of England. With Supplement. By the Right. Hon. Sir Ropsert Pamimorz, D.C.L. 2 vols. 8vo. 1873-76. (Published at 37. 7s. 6d.) Reduced to net, 11. 108. ELECTIONS.—Loader's The Candidate’s and Election Agent's Guide; for Parliamentary and Municipal Elections, with an Ap- pendix of Forms and Statutes. By Joun Loaprr, Esq., Barrister- at-Law. Demy 12mo. 1885. ; 78. 6d. “ The book is a thoroughly practical one.’”’—Solicitors’ Journal, Rogers on Elections.—Parliamentary and Municipal, with an Appendix of Statutes and Forms. In two parts. Part I. Recisrnarion, including the Practice in Registration Appeals. Fourteenth Edition. By Joun Corn Carrer, of the InnerTemple and Midland Circuit, Esq., Recorder of Stamford. Royall2mo. 185. 1. 1s. Part II. Exxzcrions anp Pzrrrions. Fifteenth Edition. Incorporating all the Decisions of the Election Judges, with Statutes to June, 1886, and a new and exhaustive Index. By Joun Corriz Carrer, and J. 8. Saypazs, Esqrs., Barristers-at-Law. Royal 12mo. 1886. 17. 1s. * An admirable storehouse of information.””—Law Journal. ‘A very satisfactory treatise on election law . . . . his chapters on election expenses and illegal practices are well arranged, and tersely expressed. The com- pleteness and general character of the book as regards the old law are too well known to need description.’’—Solicitors’ Journal. ELECTRIC LIGHTING. —Bazalgette and Humphreys,—Vide ‘¢‘Tocal and Municipal Government.”’ Cunynghame's Treatise on the Law of Electric Lighting, with the Acts of Parliament, and Rules and Orders of the Board of Trade, a Model Provisional Order, and a set of Forms, to which is added a Description of the Principal Apparatus used in Electric Lighting, with ‘Illustrations. By Hzyry Cunynename, Barrister-at-Law. Royal 8vo. 1883. 12s. 6d. EQUITY, and Vide CHANCERY. Chitty’s Index.— Vide ‘ Digests.’’- Seton's Forms of Decrees, Judgments, and Orders in the High Court of Justice and Courts of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fourth Edition. By R. H. Luacu, Senior Registrar of the Chancery Division; F. G. A. Wiitiams and the late H. W. May; succeeded by James Easr- wick, Esqrs., Barristers-at-Law. 2 vols. in 3. Royal 8vo. 1877 | —1879 41, 10s. Shearwood's Introduction to the Principles of Equity. By Josep A. Sxzarwoop, Author of ‘A Concise Abridgment of Real and Personal Property,’’ &c., assisted by CLemenT SmiLEs Moore, of the Middle Temple, Esqrs., Barristers-at-Law. 8vo. 1885. 6a. @,* All standard Law Works are kept in Stock, in law calf and other bindings. 14 STEVENS AND SONS’ LAW PUBLICATIONS. . EQUITY—continued. Smith’s Manual of Equity Jurisprudence.—A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than a thousand subsequent cases, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By Jostan W. Smarg, Q.C. Thirteenth Edition. 12mo. 1880. 128. 6d. *‘There is no disguising the truth; the proper mode to use this book is to learn its pages by heart.””—Law Magazine and Review. ‘* It will be found as useful to the practitioner as to the student.’ Solicitors’ Journal. Smith's Practical Exposition of the Principles of Equity, illus- trated by the Leading Decisions thereon. For the use of Students and Practitioners. By H. Arraur Ssorg, M.A., LL.B., Esq., Barrister-at-Law. Demy 8vo. 1882. 20s. “ The book seems to us to be one of great value to students.”—Solicitors’ Journal. “ Thisis a most remarkable book, containing in a reasonable space more information, and that better arranged and conveyed, than almost any other law book of recent times which has come under our notice.””—Saturday Review, ESTOPPEL.— Everest and Strode's Lawof Estoppel. By Lancenor Frevoine Everest, and Epmunp Srropez, Esqrs., Barristers-at-Law. Demy 8vo. 1884. 18s. “The book will be found a useful repository of the case law on the subject.”—Law Journal, June 28, 1884, EXAMINATION GUIDES.—Bedford's Digest of the Prelimina Examination Questions in Latin Grammar, Arithmetic, Frenc Grammar, History and Geography, with the Answers. Second Edition. Demy 8vo. 1882. » 18s. Bedford's Student's Guide to the Ninth Edition of Stephen's New Commentaries on the Laws of England,—Third Edition. Demy 8vo. 1884. 7s. 6d. Bedford's Final Examination Digest: containing a Digest of the Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen’s Bench, Common Pleas, and’ Exchequer Divisions of the High Court of Justice, and on the Law of Real and Personal Property and the Practice of Conveyancing, with the Answers. 8vo. 1879. 16s. Haynes’ Lectures on Bankruptcy; originally delivered before the members of the Liverpool Law Student’s Association. By Joun F. Haynes, LL.D., Author of the “ Student’s Leading Cases,” &c. Royal 12mo, 1884. 5s. eynes and Nelham’s Honours Examination Digest, comprising the Questions in Conveyancing, Equity, Common Law, Bank- ruptcy, Probate, Divorce, Admiralty, and Ecclesiastical Law and Practice asked at the Solicitors’ Honours Examinations since their establishment to the present time, with Answers thereto. By Joun F. Haynes, LL.D., Author of ‘‘ Chancery Practice,’’ “‘ The Students’ Leading Cases,’’ &c., and THomas A. NztHam, Solicitor (Honours). Demy 8vo. 1883. lds. ** Students going in for honours will find this one to their advantage.”—Law Times. “* Answers are appended which, judging from an examination of several of them, appear to be careful and accurate.”—Solicitors’ Journal, Shearwood's Guide for Candidates for the Professions of Barrister and Solicitor.—Second Edition, By Joszra A. SHEAR- woop, Esq., Barrister-at-Law. Deny 8vo. 1887. 68. ‘A practical little book for students.”—Law Quarterly Review. *,* All standard Law Works are kept in Stock, in law calf and other bindings, 119, CHANCERY LANE, LONDON, W.C. 13 EXAMINATION GUIDES—continued. Napier’s Modern Digest of the Final Examinations; a Modern Digest of the Law necessary to be known for the Final Examination of the Incorporated Law Society, done into Questions and Answers ; and a Guide to a Course of Study for that Examination. By T. Bateman Narrer, LL.D., London, of the Inner Temple, Barrister- at-Law. Demy 8vo. 1887. 18s. ‘6 As far as we have tested them we have found the questions very well framed, and the answers to them clear, concise and accurate. If used in the manner that Dr. Napier recommends that it should be used, that is, together with the text-books, there can be little doubt that it will prove of considerable value to students.”—The Jurist, March, 1887. EXECUTORS.—Macaskie's Treatise on the Law of Executors and Administrators, and of the Administration of the Kstates of Deceased Persons. With an Appendix of Statutes and Forms. By Sruarr CunnincHam Macasxtm, Esq., Barrister-at-Law. 8vo. 1881. 10s. 6d. “ Students may read the book with advantage as an introduction to ‘ Williams,’ and by practitioners not possessing the larger work it will undoubtedly be found useful.”— Law Journal. Williams’ Law of Executors and Administrators.—Eighth Edition. By Watrer Vavenan Witiiams and Rotanp VaveHan WILLIAMS, Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1879. 3. 16s. EXTRADITION.—Kirchner’s L’Extradition.—Recueil Renfermant in Extenso tous les Traités conclus jusqu’au ler Janvier, 1883, entre les Nations civilisées, et donnant la solution précise des difficultés qui peuvent surgir dans leur application. Avec une Préface de Me Gzorezs Lacnavp, Avocat 4 la Cour d’Appel de Paris. Publié sous les auspices de M. C. E. Howarp Vincent, Directeur des Affaires Criminelles de la Police Métropolitaine de Londres. Par F. J. Krecuyer, Attaché 4 la Direction des Affaires Criminelles. In 1 vol. (1150 pp.). Royal 8vo. 1883. . 21. 2s, FACTORS ACTS.—Boyd and Pearson's Factors Acts (1823 to 1877). With an Introduction and Explanatory Notes. By Hucu Fenwick Boyp and Arruur Beitpy Pearson, Barristers-at-Law. Royal 12mo. 1884. i 6s. “This is an admirable little work. The book is tersely and well written, and the comments are intelligent.”—Law Journal. FACTORY ACTS.—Notcutt’s Law relating to Factories and Works shops. Second Edition. 12mo. 1879. 9s. FARM, LAW OF.—Dixon’s Law of the Farm.—A Digest of Cases connected with the Law of the Farm, and including the Agricultural Customs of England and Wales. Fourth Edition. By Henry Perris, Esq., Barrister-at-Law. 8vo. 1879. ll. 6s. “Tt is impossible not to be struck with the extraordinary research that must have been used in the compilation of such a book as this.” —Law Journal. *,* Supplement to above, containing the Agricultural Holdings (Eng- land) Act, 1883, with explanatory Notes and Forms; together with the Ground Game Act, 1880. By Ausrey J. Srmncez, Esq., Bar- rister-at-Law. Demy 8vo. 1883. 6s. FIXTURES.—Amos and Ferard on the Law of Fixtures and other Property partaking both of a Real and Personal Nature. Third Edition. Revised and adapted to the present state of the Law by C. A. Ferarp and W. Howzanp Roszers, Esqrs., Barristers-at-Law. Demy 8vo. 1883. 18s. * An accurate and well written work.”—Saturday Review. “The editors have accomplished their work satisfactorily.””—Solicitors’ Journal. *,* All standard Law Works are kept in Stock, in law calf and other bindings. 16 STEVENS AND SONS’ LAW PUBLICATIONS. . FORMS.—Allen.— Vide “‘ Pleading.” Archibald.— Vide ‘‘ Chamber Practice.’’ Bullen and Leake.— Vide ‘‘ Pleading.” Chitty's Forms of Practical Proceedings in the Queen’s Bench Division of the High Court of Justice: with Notes containing the Statutes, Rules and Cases relating thereto. Twelfth Edition. By Tuomas Wits Carrry, Esq., Barrister-at-Law. Demy 8vo. 1883, 12. 18s. “The forms themselves are brief and clear, and the notes accurate and to the point. The present edition brings the book into harmony with the new Rules of Procedure. ‘We have tested it in various ways, and have found it wanting in no respect.”—Law Journal. Daniell’s Forms and Precedents of Proceedings in the Chan- cery Division of the High Court of Justice and on Appeal therefrom.—Fourth Edition, with Summaries of the Rules of the Supreme Court, Practical Notes and References to the Sixth Edition of ‘‘Daniell’s Chancery Practice.” By Cuartes Burney, B.A. (Oxon.), a Chief Clerk of the Hon. Mr. Justice Chitty. Royal 8vo. 1885. 2/.10s. “Mr. Burney appears to have performed the laborious task before him with great success.”—Law Journal. *¢ This new edition of the standard work on Chancery Procedure has been brought down to the most recent date.’’—Law Quarterly Review, July, 1885. HIGHWAYS.—Baker's Law of Highways in England and Wales, including Bridges and Locomotives. Comprising a succinct Code of the several Provisions under each Head, the Statutes at length in an Appendix; with Notes of Cases, Forms, and copious Index. By Tuomas Baxen, Esq., Barrister-at-Law. Royall2mo. 1880. 15s. Bazalgette and Humphreys.— Vide ‘‘ Local and Municipal Govern- ment.’’ Chambers’ Law relating to Highways and Bridges, being the Statutes in full and brief Notes of 700 Leading Cases: together with the Lighting Act, 1833. By Gzores F. Caameenrs, Esq., Barrister- at-Law. 1878. 7s. 6d. HOUSE TAX.—Ellis' Guide to the House Tax Acts, for the use of the Payer of Inhabited House Duty in England.—By Arruur M. Exurs, LL.B. (Lond.), Solicitor, Author of ‘‘A Guide to the Income Tax Acts.”” Royal 1l2mo. 1885. 6s. «We have found the information accurate, complete and very clearly expressed.”"— Solicitors’ Journal. HUSBAND AND WIFE.—Lush's Law of Husband and Wife; within the Jurisdiction of the Queen’s Bench and Chancery Divisions. By C. Montacus Lussz, Esq., Barrister-at-Law. Demy 8vo. 1884. 20s. “ Mr. Lush has one thing to recommend him most strongly, and that is his accuracy ; therefore his book is one which everyone may consult with the assurance that all the leading recent authorities are quoted, and that the statements of law are supported by actual decisions.”—Law Magazine. INCOME TAX.—Ellis' Guide to the Income Tax Acts.—For the use of the English Income Tax Payer. Second Edition. By Arraur M. Exzs, LL.B. (Lond.), Solicitor. Royal 12mo. 1886.° 7s. 6d. “ Contains in a convenient form the law bearing upon the Income Tax.”—Law Times, “With Mr. Ellis’ book in their hands the taxpuyers are not so completely at the mercy of assessors and collectors as they otherwise might be.” INLAND REVENUE CASES.—Highmore's Summary Proceed- ings in Inland Revenue Cases in England and Wales,—Second Edition. By Natuanren JoszpH Hicumore, Esq., Barrister-at-Law, and of the Solicitors’ Department, Inland Revenue. Royal 12mo. 1887, 7s. 6d. %_* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 17 INSURANCE.—Arnould on the Law of Marine Insurance,—Sixth Edition. By Davi Mactacuuan, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1887. 3i. ‘* As a text book, ‘Arnould’ is now all the practitioner can want.”—Law Times. Lowndes’ Practical Treatise on the Law of Marine Insurance.— By Ricuanp Lownpzs. Author of ‘‘The Law of General Average,” &c. Second Edition. Demy 8vo. 1885. 12s. 6d. Lowndes' Insurable Interest and Valuations.— By Ricuarp Lownprs. Demy 8vo. 1884. 5s. McArthur on the Contract of Marine Insurance.—By Caries McAzruvr, Average Adjuster. Demy 8vo. 1885. 14s, Wood,— Vide ‘‘ Mercantile Law.” INTERNATIONAL LAW.— Kent's International Law.—Kent’s Com- mentary on International Law. Edited by J. T. Aznpy, LL.D., Judge of County Courts. Second Edition. Crown 8vo. 1878. 10s. 6d. Wheaton’'s Elements of International Law; Second Enelish Edition. Edited with Notes and Appendix of Statutes and Treaties. By A.C. Born, Esq., Barrister-at-Law. Demy 8vo. 1880. Net, 11. 108. INTERROGATORIES.—Sichel and Chance,— Vide ‘Discovery.’ Jol ny STOC KS.—Palmer.— Vide ‘‘ Conveyancing”’ and ‘‘ Company aw.” Thring's (Sir _H.) Joint Stock Companies! Law.—The Law and Practice of Joint Stock and other Companies, including the Com- panies Acts, 1862 to 1880, with Notes, Orders, and Rules in Chancery, a Collection of Precedents of Memoranda and Articles of Association, and all the other Forms required in Making, Administering, and Winding-up a Company. By Sir Henry Turine, K.C.B., The Parliamentary Counsel. Fourth Edition. By G. A. R. Firzcmrap, Esq., Barrister-at-Law. Demy 8vo. 1880. 1l. 5s. ‘‘ The highest authority on the subject.” — The Times. JU oe ES' CHAM BER PRACTICE.—Archibald.—Vide ‘‘ Chamber ractice. JUDICATURE ACTS.—Wilson's Supreme Court of Judicature Acts, Rules of Court,and Forms, With other Acts, Orders, Rules, and Regulations relating to the Supreme Court. With Practical Notes. Sixth Edition. By Cuartes Burney, a Chief Clerk of the Hon. Mr. Justice Chitty, Editor of ‘‘ Daniell’s Chancery Forms;’’ M. Murr Macrenziz, and C. Arnotp Wuire, Esgqrs., Barristers-at-Law. Roy. 8vo. 1887. (To be issued Annually.) 1. 58. Important Notice. The notes to the Acts and Rules have been thoroughly revised, and, to a great extent, re-written, also re-arranged and sub-divided under appropriate titles. Great additions have been made to the notes dealing with the Chancery Division. The Index has been considerable enlarged and entirely re-con- structed, and has been arranged alphabetically under each heading. In the Table of Cases cited will be found references to the con- temporary Reports down to October, 1887. “Will certainly do much good service to many practitioners.”’—Law Quarterly Review, Jan, 1888. c . S “The present edition of ‘Wilson’s Judicature Acts’ has been greatly improved in many respects, and we know of no other work on practice which can be used with the same advantage by the practising lawyer and by the student alike.” —Pump Court, November 5th, 1887. ay 3 “Very great care has evidently been bestowed on the work of revision, with the result that a thoroughly reliable and most conveniently arranged practice guide has been produced.”—Law Times, Dec. 3, 1837. *,* All standard Law Works are kept in Stock, in law calf and other bindings. 18 STEVENS AND SONS’ LAW PUBLICATIONS. JUSTICE OF THE PEACE.—Stone's Practice for Justices of the Peace, Justices’ Clerks and Solicitors at Petty and Special Sessions, in Summary matters, and Indictable Offences, with a list of Summary Convictions, and matters not Criminal. With Forms, Ninth Edit. By W.H. Macnamanra, Esq., Barrister-at-Law. Demy 8vo. 1882. 17. 5s. Wigram's Justice’s Note Book.—Containing a short account of the urisdiction and Duties of Justices, and an Epitome of Criminal Law. By the late W. Knox Wicray, Esq., Barrister-at-Law, J.P. Middle- sex and Westminster. Fifth Edition. Revised and brought down to end of 1887 by W. 8. Smirizy, Esq., M.P., Barrister-at-Law. Royal 12mo. 1888. 12s. 6d. “We have found in it all the information which a Justice can require as to recent legislation.”— The Times. : “ This is altogether a capital book. Mr. Wigram is a good lawyer and a good justices’ lawyer.”—Law Journal, “ We can thoroughly recommend the volume to magistrates.”—Law Times. LAND TAX.—Bourdin's Land Tax.—An Exposition of the Land Tax. Third Edition. Including the Recent Judicial Decisions, and the Incidental Changes in the Law effected by the Taxes Management Act, with other Additional Matter. Thoroughly revised and cor- rected. By Sutrrzy Bounpury, A.K.C., of the Inland Revenue Department, Somerset House, Assistant Registrar of the Land Tax. Royal 12mo. 1888. 63. LANDLORD AND TENANT.—Woodfall's Law of Landlord and Tenant.— With a full Collection of Precedents and Forms of Proce- dure ; containing also a collection of Leading Propositions. Thirteenth Edit. By J. M. Lety, Esq., Barrister-at-Law. Roy.8vo. 1886. 12.183, “The editor has expended elaborate industry and systematic ability in making the work as perfect as possible.’’—Solicitors’ Journal. LANDS CLAUSES ACTS.—Bazalgette and Humphreys.— Vide ‘Local and Municipal Government.” Jepson's Lands Clauses Consolidation Acts; with Decisions, Forms, and Table of Costs. By AzrrHur Jerson, Hsq., Barrister-at- Law. Demy 8vo. 1880. 18¢. LAW LIST.—Law List (The).—Comprising the Judges and Officers of the different Courts of Justice, Counsel, Special Pleaders, Drafts- men, Conveyancers, Solicitors, Notaries, &c.,in England and Wales ; the Circuits, Judges, Treasurers, Registrars, and High Bailiffs of the County Courts; Metropolitan and Stipendiary Magistrates, Official Receivers under the Bankruptcy Act, Law and Public Officers in England and the Colonies, Foreign Lawyers with their English Agents, Clerks of the Peace, Town Clerks, Coroners, &c., &c., and Commissioners for taking Oaths, Conveyancers Practising in England under Certificates obtained in Scotland. So far as relates to Special Pleaders, Draftsmen, Conveyancers, Solicitors, Proctors and Notaries. Compiled by Joun Samvet Porcett, C.B., Controller of Stamps, and Registrar of Joint Stock Companies, Somerset House, and Published by the Authority of the Commissioners of Inland Revenue. 1888. (Net cash, 9s.) 10s. 6d. LAW QUARTERLY REVIEW.—Edited by Freprricx Portocr, M.A., LL.D., Corpus Professor of Jurisprudence in the University of Oxford ; Professor of Common Law in the Inns of Court. Vols. I., II. and III. Royal 8vo. 1885-87. Each, 12s. GBs Subscription 10s. per annum, post free. (Foreign postage 2s. 6d. extra.) *,* All standard Law Works are kept in Stock, in law calf and other bindings. € 119, CHANCERY LANE, LONDON, W.C. 19 LAW REPORTS.—A very large stock of new and second-hand Reports. Prices on application. LAWYER'S COMPANION.—Vide “ Diary.” LEADING CASES,.—Ball’s Leading Cases. Vide *‘ Torts.” Haynes’ Student's Leading Cases. Being some of the Principal Decisions of the Courts in Congtibn ts oted Law, Common Law, Con- veyancing and Equity, Probate, Divorce, and Griminal Law. With ‘Notes for the use of Students. Second Edition. By Joun F. Haynes, LL.D. Demy 8vo. 1884. 16s. “Will prove of great utility, not only to students, but practitioners. The notes are clear, pointed and concise.” —Law Times. Shirley's Selection of Leading Cases in the Common Law. With Notes. By W. Suretey Sarenzy, Esq., Barrister-at-Law. Third Edition. Demy 8vo. 1886. 16s. “A very popular work with students, and, we think, deservedly so. . . . . If any words of praise of ours can add to its well-deserved reputation, we give the reader carte blanche to supply them on our behalf out of his own thrilling eloquence and vivid imagination, and we will undertake to ratify them.”—The Jurist, Jan. 1887. “The book is deserving of high praise, and we commend it in all confidence.”— Gibson’s Law Notes. “‘ The selection is very large, though all are distinctly ‘leading cases,’ and the notes are by no means the least meritorious part of the work.””—Law Journal. “Mr. Shirley writes well and clearly, and evidently understands what he is writing about.” —Law Times. Fe Bix Shirley's Selection of Leading Cases in Criminal Law. With Notes. By W. S. Sareney, Esq., Barrister-at-Law, Author of «Leading Cases in the Common Law,’’ &c. Demy 8vo. (Jn the press.) LEGACY DUTIES.—VPide ‘‘' Taxes on Succession.” LEXICON .— Vide ‘‘ Dictionary.” LIBEL AND SLANDER.—Odgers on Libel and Slander.—A Digest of the Law of Libel and Slander: the Evidence, Procedure and Practice, both in Civil and Criminal Cases, and Precedents of Pleadings. Second Edition, with a chapter on the Newspaper Libel and Registration Act, 1881. By W. Buaxg Opgzrs, LL.D., Barrister-at-Law. Royal 8vo. 1887. 17. 12s. “The first edition of this book, which appeared in 1881, has well stood the test of time, and has come to be accepted as a full, accurate and satisfactory ae upon its subject, and, inasmuch as the author adopted the comparatively new and bold form of ‘stating the law on each point in the form of an abstract proposition, citing the decided cases in smaller type merely as illustrations of that abstract proposition,’ he may be considered to have achieved a more than ordinary success. . . . Speaking generally the book continues a very good one, indeed, perhaps, one of the best in the hands of the profession upon any subject. We are glad to find that references are still enpple to all the current reports, and that the index and table of cases appear to have had as much labour in proportion spent upon them as the text.” —Solicitors’ Journal, August 6, 1887. s ‘6 We have rarely examined a work which shows so much industry. . . . S80 good is the book, which in its topical arrangement is vastly superior to the general run of law books, that criticism of it is a compliment rather than the reverse.””—Law Journal, LIBRARIES AND MUSEUMS.—Chambers’ Digest of the Law relating to Public Libraries and Museums and Literary and Scientific Institutions generally. Second Edition. By G. F. Cuameers, Barrister-at-Law. Imperial 8vo. 1879. 8s. 6d. LICENSING.—Lely and Foulkes’ Licensing Acts, 1828, 1869, and 1872—1874; containing the Law of the Sale of Liquors by Retail and the Management of Licensed Houses; with Notes to the Acts, a Summary of the Law, and an Appendix of Forms. Third Edition. Including the Statutes and Cases to August, 1887, and the Law of the Licensing of Theatres and Metropolitan Music Halls. By J. M. Ley and W. D. I. Fourxss, Esqrs., Barristers- at-Law. Royal 12mo. 1887. 10s. 6d. ©,* All stendard Law Works are kept in Stock, in law ealf and other bindings. 20 STEVENS AND SONS’ LAW PUBLICATIONS. LIFE ASSURANCE.—Scratchley's Decisions in Life Assurance Law, collated alphabetically according to the point involved, with the Statutes and Chapters on Points of Practice, &e. By Anruur Scrarcutey, Esq., Barrister-at-Law. Demy 8vo. 1887. 10s. 6d. LOCAL AND MUNICIPAL GOVERNMENT.—Bazalgette and Humphreys’ Law relating to Local and Municipal Govern- ment, Comprising the Statutes relating to Public Health, Municipal Corporations, Highways, Burial, Gas and Water, Public Loans, Com- pulsory Taking of Lands, Tramways, Electric Lighting, Artizans’ Dwellings, &c., Rivers’ Pollution, the Clauses Consolidation Acts, and many others, fully annotated with cases up to date, a selection of the Circulars of the Local Government Board, with a Table of upwards of 2,500 Cases, and full Index. ByC. Norman BazaLcerte and GEORGE Homeuzeys, Esqrs., Barristers-at-Law. Sup. royal 8vo. 1885. 32. 3s. “A complete collection of the law relating to local government, intended to enable the legal adviser of any local authority to find within its backs everything which he will require. . . . Exceedingly complete and careful cross references, and not unfre- quently shrewd and useful practical observations.””—Solicitors’ Journal. “The book is thoroughly comprehensive of the law on all points of which it professes to treat. There is a table of over 2500 cases, each of which has reference to all the reports in which it has appeared.”—Law Journal. “We have no hesitation in recommending the work.”’—Local Government Chronicle. “‘For an officer or member of a local authority to have before him one volume, between the covers of which he knows everything he desires to ascertain can be found, is a convenience not to be lightly estimated.””— Metropolitan. ‘The work is one that no local officer should be without; for nothing short of a whole library of statutes, reports, and handbooks could take its place. For all praczical every-day purposes—that is, for assisting town clerks and others in the di: cuarge of their ordinary duties—the work which we have under review is all that i> required,””—Municipal Review, MAGISTERIAL LAW.—Shirley's Elementary Treatise on Magis- terial Law, and on the Practice of Magistrates’ Courts.—By W. S. Surety, Esq., Barrister-at-Law. Rvy.12mo. 1881. 6s. 6d. Wigram.—Vide “ Justice of the Peace.”’ MARITIME DECISIONS.—Douglas’ Maritime Law Decisions.— An Alphabetical Reference Index to Recent and Important Maritime Decisions. Compiled by Ror. R. Doveras. Demy 8vo. 1888. 7s. 6d. MARRIAGE.—Kelly’s French Law of Marriage, and the Conflict of Laws that arises therefrom. By E. Krtty, M.A., of the New York Bar, Licencié en Droit dela Faculté de Paris. Roy. 8vo. 1885. 68. MARRIAGE SETTLEMENTS.—Banning’s Concise Treatise on the Law of Marriage Settlements; with an Appendix of Statutes. By H. T. Baywine, -Esq., Barrister-at-Law. Demy 8vo. 1884. 15s.. MARRIED WOMEN’S PROPERTY.—Lush's Married Women's Rights and Liabilities in relation to Contracts, Torts, and Trusts. By Montacvuz Luss, Esq., Barrister-at-Law, Author of ‘““The Law of Husband and Wife.”” Royal 12mo. 1887. 5s. Smith's Married Women's Property Acts, 1882 and 1884, with an Introduction and Critical and Explanatory Notes, together with the Married Women’s Property Acts, 1870 and 1874, &c. 2nd Edit. Re- vised. By H. A. Sunru, Esq., Barrister-at-Law. Roy.12mo. 1884. 6s. MASTER AND SERVANT.—Macdonell’s Law of Master and Servant. Part I. CommonLaw. Part II. Statute Law. By Jonn Maopvonett, M.A., Esq., Barrister-at-Law. Demy 8vo. 1883. ll. ds. “ A work which will be of real value to the practitioner.”—Law Times. MAYOR'S COURT PRACTICE.—Candy's Mayor's Court Prac- tice.—The Jurisdiction, Process, Practice and Mode of Pleading in Ordinary Actions in the Mayor’s Court in London. By Gzores Canny, Esq., Barrister-at-Law. Demy 8vo. 1879. 14s, ‘«* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 22 MERCANTILE LAW.—Russell’s Treatise on Mercantile Agency. Second Edition. 8vo. 1873. 14s. Smith's Compendium of Mercantile Law.—Tenth Edition. By Joun Macvonett, Esq., Barrister-at-Law. (In the Press.) Tudor’'s Selection of Leading Cases on Mercantile and Maritime Law.—With Notes. By O. D. Tupor, Esq., Barrister-at-Law. Third Edition. Royal 8vo. 1884. 21. 28. Wilson's Mercantile Handbook of the Liabilities of Merchant, Shipowner, and Underwriter on Shipments by General Ves- sels.—By A. Wizson, Solicitor and Notary. Royali2mo. 1883. 6s. Wood's Mercantile Agreements.—The Interpretation of Mercantile Agreements: A Summary of the Decisions as to the Meaning of ‘Words and Provisions in Written Agreements for the Sale of Goods, Charter-Parties, Bills of Lading, and Marine Policies. With an Appendix containing a List of Words and Expressions used in, or in connection with, Mercantile Agreements, and a List of Mercantile Usages. By Joun Dennistoun Woop, Esg., Barrister-at-Law. Royal 8vo. 1886. 18s. MERCHANDISE MARKS ACT.—Payn's Merchandise Marks Act, 1887.—With special reference to the Important Sections and the Customs Regulations and Orders made thereunder, together with the Conventions with Foreign States for Protection of Trade Marks, and Orders in Council under the Patents, Designs and Trade Marks Act, 1883, &e. By Howarp Payrn, of the Middle Temple, Barrister-at- Law, and of the Secretary’s Department of the Bourd of Customs. Royal 12mo. 1888. 38. 6d. METROPOLIS BUILDING ACTS,—Woolrych’s Metropolitan Building Acts, together with such clauses of the Metropolis Management Acts as more particularly relate to the Building Acts, with Notes and Forms. Third Edition. By W. H. Macnamanra, Esq., Barrister-at-Law. 12mo. 1882. 10s. MINES.—Rogers’ Law relating to Mines, Minerals and Quarries in Great Britain and Ireland, with a Summary of the Laws of Foreign States, &c. Second Edition Enlarged. By His Honor Judge Rocrrs. 8vo. 1876. 1. 11s. 6d. MORTGAGE.—Coote's Treatise on the Law of Mortgage.—Fifth Edition. Thoroughly revised. By Wit1am Wvrirys Macxreson, Esq., one of Her Majesty’s Counsel, and H. Arraur Smru, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1884. 31. “ A complete, terse and practical treatise for the modern lawyer.”’—Solicitors’ Journal. MUNICIPAL CORPORATIONS.—Bazalgette and Humphreys.— Vide ‘‘ Local and Municipal Government.’’ Lely's Law of Municipal Corporations.—Containing the Municipal Corporation Act, 1882, and the Enactments incorporated therewith, with a Selection of Supplementary Enactments, including therein the Electric Lighting Act, 1882, with Notes. By J. M. Luxy, Esq., Barrister-at-Law. Demy 8vo. 1882. lds. NAVY.—Thring’s Criminal Law of the Navy, with an Introductory Chapter on the Early State and Discipline of the Navy, the Rules of Evidence, and an Appendix comprising the Naval Discipline Act and Practical Forms. Second Edition. By Tuzoporz Turina, Esq, Barrister-at-Law, and C. E. Gurrorp, Assistant-Paymasier, Royal Navy. 12nio. 1877. 12s. 6d. ©,* All standard Law Works are kept in Stock in law calf and other bindings, 22 STEVENS AND SONS’ LAW PUBLICATIONS. NEGLIGENCE.—Smith's Treatise on the Law of Negligence. Second Edition. By Horacz Sairx, Esq., Barrister-at-Law, Re- corder of Lincoln, Editor of ‘‘ Addison on Contracts,’’ ‘‘ Addison on Torts,’? &c. Demy 8vo. 1884. 12s. 6d. “Of great value both to the practitioner and student of law. It is not merely a book of reference, though it is likely to be very valuable in that capacity. It is not merely a digest of decisions arranged under appropriate heads ; but it really answers to its title, and is a treatise on the law of negligence.’?—Solicitors’ Journal. NISI PRIUS.—Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius,—Fifteenth Edition. By Maurice Powe, Esq., Barrister-at-Law. 2 vols. Demy 8vo. 1884. 27. 10s. ** Continues to be a vast and closely packed storehouse of information on practice at Nisi Prius.”—Law Journal. NONCONFORMISTS.—Winslow's Law Relating to Protestant Nonconformists and their Places of Worship; being a Legal Handbook for Nonconformists. By Reamvanp Winslow, Esq., Barrister-at-Law. Post 8vo. 1886. ’ 6s. NOTARY.—Brooke's Treatise on the Office and Practice of a Notary of England.—With a full collection of Precedents. Fourth Edition. By Lzonz Levi, Esq., Barrister-at-Law. 8vo. 1876. 1. 4s. OATHS.—Braithwaite’s Oaths in the Supreme Courts of Judica- ture.—A Manual for the use of Commissioners to Administer Oaths in the Supreme Courts of Judicature in England and Ireland, &c. Fourth Edition. Re-issue. By T. W. Brarrawarrz, of the Central Office. Foolscap 8vo. 1884. Net, 2s. 6d. “ The recognised guide of commissioners to administer oaths.””—Solicitors’ Journal, PARISH LAW.—Steer’s Parish Law; being a Digest of the Law relating to the Civil and Ecclesiastical Government of Parishes and the Relief of the Poor. Fifth Edition. By W. H. Macnamanra, Esq., Barrister-at-Law. Demy 8vo. 1887. 18s. “ An exceedingly useful compendium of Parish Law.”—Law Times. as A very complete and excellent guide to Parish Law.’’—Solicitors’ Journal, Jan. 7, as Every subject that can be considered parochial is, we think, contained in this volume, and the matter is brought down to date. It is a compendium which is really comperdious.”—Law Journal, Jan. 21, 1888. PARTNERSHIP.—Pollock’s Digest of the Law of Partnership.— ‘With an Introductory Essay on Codification. Fourth Edition. By Frepericx Pontocr, Esq., Barrister-at-Law. Author of “ Principles of Contract,” ‘‘ The Law of Torts,’? &c. 8vo0. 1888. 10s. * Of the execution of the work we can speak in terms of the highest praise. The language is simple, concise and clear.”—Law Magazine. Turner.— Vide ‘‘ Conveyancing.”’ PATENTS.—Aston's (T.) Patents, Designs and Trade Marks Act, 1883, with Notes and Index to the Act, Rules and Forms. By TuxroporE Aston, Q.C. Royal 12mo. 1884. 6s. Johnson's Patentees’ Manual.—Being a Treatise on the Law and Practice of Letters Patent. Fifth Edition. By Jamzs Jonnson, Esq., Barrister-at-Law; and J. Henry Jounson, Solicitor and Patent Agent. Demy 8vo. 1884. 10s. 6d. Johnson's Epitome of the Law and Practice connected with Patents for Inventions; with a Reprint of the Patents Acts of 1883, 1885, and. 1886, and Rules, and a Summary of the Patent Laws of Foreign Countries and British Colonies. By Janes Joun- £0N, Esq., Barrister-at-Law, and J. Henry Jouyson, Solicitor and Patent Agent. Post 8vo. 1887. Net, 23. 6d. *,° All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 23 PATEN TS—continued. Morris's Patents Conveyancing.—Being a Collection of Precedents in Conveyancing ‘in relation to Letters Patent for Inventions. Arranged as follows:—Common Forms, Agreements, Assignments, Mortgages, Special Clauses, Licences, Miscellaneous; Statutes, Rules, &c. With Dissertations and Copious Notes on the Law and Practice. By Roszer Morers, Esq., Barrister-at-Law. Royal 8vo. 1887. 11.5s. “‘ Mr. Morris’ forms seem to us to be well selected, well arranged, and thoroughly practical.” —Law Times, August 20th, 1887. -“ The dissertations contain a large amount of valuable and accurate information. The Index is satisfactory.” —Solicitors’ Journal, 5th November, 1887. Munro's Patents, Designs and Trade Marks Act, 1883, with the Rules and Instructions, together with Pleadings, Orders and Prece- dents. By J. E. Crawrorp Mowro, Esq., Barrister-at-Law. 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Suzanwoop, Esq., Barrister-at-Law. 1882. 5s. 6d. “Will be acceptable to many students, as giving them, in fact, a ready-made note bock.”—Indermauyr’s Law Students’ Journal, Smith.— Vide ‘‘ Real Property.”’ FLEADING.—Allen’s Forms of Indorsements of Writs of Sum- mons, Pleadings, and other Proceedings in the Queen’s Bench Division prior to Trial, pursuant to the Rules of the Supreme Court, 1883; with Introduction; showing the principal changes introduced by these Rules, and a Supplement of Rules and ¥orms of Pleadings upplicable to the other Divisions. By Grorcz Baven Aten, Esq., Special Pleader, and Wiurrep B. Aen, Eeq., Barrister-at-Law. Royal12mo. 1383. 18s. Bullen and Leake’s Precedents of Pleadings, with Notes and Rules relating to Pleading. Fourth Hdition. By Tmomas J. Butizn, Esq., Special Pleader, and Cyriz Dopp, Esq., Barrister-at- Law. Part I. Royal 12mo. 1882. (Part II. in the press.) 1l. 48. POISONS.—Reports of Trials for Murder by Poisoning; by Prussic Acid, Strychnia, Antimony, Arsenic and Aconitine; including the trials of Tawell, W. Palmer, Dove, Madeline Smith, Dr. Pritchard, Smethurst, and Dr. Lamson. With Chemical Introductions and Notes on the Poisons used. By G. Laruam Brownz, Esq., Barrister-at-Law, and C. G. Srzwarr, Senior Assis- tant in the Laboratory of St. Thomas’s Hospital, &. Demy &vo. 1883. 128. 6d. +, All standard Law Works are kept in Stock, in law culf and other bindings. 24 STEVENS AND SONS’ LAW PUBLICATIONS. POWERS.—Farwell on Powers.—A Concise Treatise on Powers. By Grorce Farwewt, Esq., Barrister-at-Law. 8vo. 1874. ll. 1s. PRINTERS, PUBLISHERS, &c.—Powell's Laws specially affect- ing Printers, Publishers and Newspaper Proprietors. By Azruur Powett, Esq., Barrister-at-Law. Demy 8vo. 1887. 7s. 6d. PROBATE.—Browne's Probate Practice: A Treatise on the Prin- ciples and Practice of the Court of Probate, in Contentious and Non- Contentious Business. Reviséd, enlarged, and adapted to the Practice of the High Court of Justice in Probate business. By L. D. Powszs, Barrister-at-Law. Including Practical Directions to Solicitors for Proceedings in the Registry. By T. W. H. Oaxtzy, of the Principal Registry, Somerset House. 8vo. 1881. . 1d. 10s. *,* Supplement to above. By L. D. Powzes, Esq., Barrister-at- Law. Demy 8vo. 1884. 6s. PUBLIC HEALTH.—Bazalgette and Humphreys.— Vide ‘Local and Municipal Government.”’ Chambers’ Digest of the Law relating to Public Health and Local Government.—With Notes of 1,260 leading Cases. The Statutes in full, A Table of Offences and Purishments, and a Copious Index. Eighth Edition (with Supplement corrected to May 21, 1887). Imperial 8vo. 1881. : 16s. Or, the above with the Law relating to Highways and Bridges. 1. PUBLIC MEETINGS.—Chambers’ Handbook for Public Meet- ings, including Hints as to the Summoning and Management of them. Second Edition. By Grorcz F. Cuamprns; Esq., Barrister- at-Law. Demy 8vo. 1886. wee Net, 2s. 6d. QUARTER SESSIONS.—Archbold.— Vide ‘‘ Criminal Law.” Leeming & Cross's General and Quarter Sessions of the Peace. —Their Jurisdiction and Practice in other than Criminal matters. Second Edition. By Horatio Lioyn, Esq., Judge of County Courts, and H.F. Tuurtow, Esq., Barrister-at-Law. 8vo. 1876. 14. 1s. Pritchard's Quarter Sessions.—The Jurisdiction, Practice and Pro- cedure of the Quarter Sessions in Criminal, Civil, and Appellate Matters. By Tuos. Srrreti Prircuarp, Esq., Barrister-at-Law. 8vo. 1875. (Published at 2/7. 2s.) Reduced to met 12s. RAILWAYS.—Browne and Theobald's Law of Railway Com- anies.—Being a Collection of the Acts and Orders relating to ailway Companies in England and Ireland, with Notes of all the Cases decided thereon, and Appendix of Bye-Laws and Standing Orders of the House of Commons. Second Edition. By J. H. Batrour Browne, Esq., one of Her Majesty’s Counsel, and H. 8. TurozatD, Esq., Barrister-at-Law. Royal 8vo. 1888. 1d. 15s. “ Contains in a very concise form the whole law of railways.”’— The Times. “ The learned authors seem to have presented the profession and the public with the most ample information to be found whether they want to know how to stuart a rail- way, how to frame its bye-laws, how to work it, how to attack it for injury to person or property, or how to wind it up.”—Law Times, RATES AND RATING.—Castle's Practical Treatise on the Law of Rating.—Second Edition. By Epwarp James Castix, Esgq., - Barrister-at-Law. Demy 8vo. 1886. 2as. ** A correct, exhaustive, clear and concise view of the law.”—Law Times. Chambers’ Law relating to Rates and Rating; with especial reference to the Powers and ,Duties of Rate-levying Lo¢al Authori- ties, and their Officers. Being the Statutes in full and brief Notes of 550 Cases. By G. F. Cuamprns, Esq., Barrister-at-Law. Imp. 8vo. 1878. Reduced to.10s, °,* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 26 REAL ESTATE.—Foster’s Law of Joint Ownership and Partition. of Real Estate.—By Enwazp Joun Foster, M.A., late of Lincoln’s Inn, Barrister-at-Law. 8vo. 1878. 10s. 6d. REAL PROPERTY.—Greenwood’s Real Property Statutes; com- prising those passed during the years 1874—1884, inclusive, consolidated with the earlier statutes thereby amended. With copious notes. Second Edition. By Harzy Greenwoop, assisted by Lezs Knowzes, Esqrs., Barristeys-at-Law. Demy 8vo. 1884. 11. 5s. “ The second edition of this useful collection of statutes relating to real property will be heartily welcomed by conveyancers and real property lawyers. In referring to it as @ collection of statutes, however, we do not fully describe it, because the method adopted by the author of grouping together the provisions of the various Acts, which are in pari materia, combined with the fullness and accuracy of the notes, entitles the book to rank high amongst treatises on the law of real property.””—Law Journal, Leake’s Elementary Digest of the Law of Property in Land.— Containing: Introduction. Part I. The Sources of the Law.— Part II. Estates in Land. By SrerHen Martin Leaxz, Barrister- at-Law. 8vo. 1874. 11. 28. Shearwood's Real Property.—A Concise Abridgment of the Law of Real Property and an Introduction to Conveyancing. Designed to facilitate the subject for Students preparing for examination. B JoserH A. Surarwoop, Esq., Barrister-at-Law. Third Edition. Demy 8vo. 1885. : 85. 6d... “ We heartily recommend the work to student’s for any examination on real property and conveyancing, advising them to read it after a perusal of other works and shortly before going in for the examination.”— Law Student's Journal. ‘* A very useful little work, particularly to students just before their examination.” — Gibson’s Law Notes. “« A very excellent specimen of a student’s manual,”’—Law Journal, ‘One of the most obvious merits of the book is its good arrangement. The author evidently understands ‘the art of putting things.’ All important points are so printed as to readily catch the eye.””—Law Times. Shelford's: Real Property Statutes.—Ninth Edition. By T. H. Carson, Esq., Barrister-at-Law. (In the press.) Smith's Real and Personal Property—A Compendium of the Law of Real and Personal Property, primarily connected with Con- veyancing. Designed as a second book for Students, and as a digest of the most useful learning for practitioners. By Jostan W. Sarre, B.C.L., Q.C. Sixth Edition. (Enlarged, and “embodying the alterations made by the recent Statutes.) ‘ By the AutHor and J. Trustram, LL.M., of Lincoln’s Inn, Barrister-at-Law. 2 vols. Demy 8vo. 1884. 21, 2s. “He (the author) has given to the student a book which he may read over and over again with protit and pleasure.””—Law Times. es “Will be found of very great service to the practitioner.”’—Solicitors’ Journal, “The book will be found very handy for reference purposes to practitioners, and very ueetule the industrious student as covering a great deal of ground,’”’— Gibson’s oe weally useful and valuable work on our system of Conveyancing. We think this edition excellently done.”’”—Law Student’s Journal. ... REGISTRATION .— Rogers.— Vide ‘‘ Elections.” Coltman's Registration Cases.—Vol. I. (1879—1885). Royal 8vo. Calf. Net, 27. 88. Fox's Registration Cases.—Vol. I., Part I. (1886). (In continua- tion of Coltman.) Net, 43. RENTS.—Harrison’s Law Relating to Chief Rents and other Reritcharges and Lands as affected thereby, with a chapter on Restrictive Covenants and a selection of Precedents. By Witu1am Harprison, Solicitor, Demy 12mo. 1884. 63. *,* All standard Law Worksare kept in Stock, in law calf and other bindings. 26 STEVENS AND SONS’ LAW PUBLICATIONS. ROMAN LAW.—Goodwin's XII. Tables.—By Frepzriok Goopwin, LL.D. London. Royal 12mo, 1886. 3s. 6d. -Greene's Outlines of Roman Law.—Consisting chiefly of an Analysis and Summary of the Institutes. For the use of Students. By T. Wurrcomsz Grkenz, Barrister-at-law. Fourth Edition. Foolscap 8vo. 1884. 4 : » 7s. 6a. Ruegg's Student's " Auxilium” to the Institutes of Justinian.— Being a,complete synopsis theneof in the form of Question and Answer. By Aurrep Hengy Ruse, Esq., Barrister-at-Law. Post ” 8vo.' 1879. - és of ee The student will b tly assisted in clearing and arrangi is knowl a eal ner eee ar ens = SALES.—Blackburn on Sales, A Treatise on the Effect of the Con- tract of Sale on the Legal Rights of Property and Possession in Goods, Wares, and Merchandise. By Lord Buacxsurn. Second Edition. By J. C. Granam, Esq., Barrister-at-Law. Royal Byo- 1885. ‘ 17. 1s. “We have no hesitation in saying that the work has been edited with remarkable ability and success, and if we may bazard a speculation on the cause, we should say that the editor has so diligently studied the éxcellent methods and work of his author as to have made himself a highly competent workmen in the same kind.”—Law Quarterly Review, April, 1886. si SALES OF LAND.—Clerke and Humphry's Concise Treatise on the Law relating to Sales of Land. By Ausrey Sr. Jonn CLERKE, and Hueu M.‘Houmeurey, Esqrs., Barristers-at-Law. Royal 8vo. 1885. : ll. 5s “ As an accurate, concise, and practical digest of the law on the subject we think it deserves to rank high.”’—Solicitors’ Journal. «The book is written in the condensed style of the notes to ‘Seton on Decrees.’ and succeeds admirably in reducing the effect of several cases to a proposition, which is briefly formulated and followed: by the authorities on which it is based.”"—Law Lournal, . * “The arrangement is extremely good, and the mode of treatment particularly clear ; but the substance is as = gooe astheform. . . . The work will be very useful'to all Bho ss concerned in sales of land, and.will be invaluable to young practitioners.”— aw NES. s SETTLED ESTATES STATUTES.—Middleton’s Settled Estates Statutes, including the Settled Estates Act, 1877, Settled Land Act, 1882, Improvement of Land Act, 1864, and the Settled Estates Act Orders, 1878, with Introduction, Notes and Forms. Third Edition. With epee of Rules and. Forms under the Settled Land Act, 1882. By Jamzs W. Mupteron, Esq., Barrister- at-Law. Royal 12mo. 1882. he oo Be 7s. 6d. In form the book is very simple and practical, and having a good index it is sure to afford material assistance to-every practitioner who seeks its aid.”—Law Journal. “The best manual on the subject of settled estates which has yet appeared.” SHERIFF LAW.—Churchill's Law of the Office and Duties of the Sheriff, with the Writs and Forms relating to the Office. Second, Edition. By Camzzon Cuurcumu, Esq., Barrister-at-Law. Demy 8vo. 1882. 1l. 4s. “A very complete treatise.”"—Solicitors’ Journal, “‘ Under-sheriffs, and lawyers generally, will find this a useful book.”—Law Mag. SHIPPING.—Boyd's Merchant Shipping Laws; being a Consolida- tion of all the Merchant Shipping and Essnchgrae Acts from 1854 to 1876, inclusive ; with Notes of all the leading English and American Cases, andvan Appendix. By A. O.Hors, L.b., Esq., Barrister- at-Law. 8vo. 1876." 11. 6s. - Foard’s Treatise on the Law of Merchant Shipping and Freight. —By J. T. Foann, Barrister-at-Law. Roy. 8vo. 1880. Hf. cif. 11. 1s. *,* AU standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 27 SLANDER.—Odgers.— Vide “ Libel and Slander.” SOLICITORS.—Cordery’s Law relating to Solicitors of the Supreme Court of Judicature. With an Appendix of Statutes and Rules, and Notes on Appointmenta, open to Solicitdrs, and the Right to Admission to the Colonies. Second Edition. By A. Connery, Esq., Barrister-at-Law. Demy 8vo. 1888. 16s. ‘This is a very valuable work... . The work throughout bears evidence of great labour and research.””—Law Journal, Jan. 21, 1888. “It’s importance to solicitors can hardly"be overrated .... We cordially recom- mend it to the profonalons Tene. Court. “Mr, Cordery writes tersely an ,and di i i care in the colleen: of eases,” —Soliitrd J ple ida susie aia ene si Turner.—Vide “ Conveyancing”’ and ‘‘ Vendors and Purchasers.”’ Whiteway's Hints to Sclicitors.—Being a Treatise on the Law re- _ lating to their Duties as Officers of the High Court of Justice; with “ Notes on the Recent Changes affecting the Profession. By A. R. Wartrway, M.A., of the Equity Bar and Midland Cireuit. Royal 12mo. 1883. 6s. SPECIFIC PERFORMANCE.—Fry's Treatise on the Specific Performance of Contracts#, By the Hon. Sir Epwarp Fry, a Lord Justice of Appeal. Second Edition. By the Author and W. Donatpson Rawiixs, of Lincoln’s Inn, Esq., Barrister-at-Law. Royal 8vo. 1881. 12. 16s. STAMP DUTY.—Gosset’s Practical Guide to Account Stamp. Duty, Customs, and Inland Revenue Act, 1881 (44 Vict. c. 12, s. 38). By J. A. Gosszr, of the Legacy and Succession Duty Office. Post 8vo. 1887. ‘ 5s. STATUTE LAW.—Wilberforce on Statute Law.-"The Principles which govern the Construction and Operation of Statutes. By E. Wuerrénce, Esq., Barrister-at-Law. 1881. 18s. STATUTES, and vide ‘ Acts of Parliament.” » " Chitty’s Collection of Statutes from Magna Charta to 1886,—A Collection of Statutes of Practical Utility, arranged in epg and Chronological order, with Notes thereon. The Fourth Editior. By J. M. Lety, Esq., Barrister-at-Law. In 6 vols.,.Sypplement, 1 vol., and part for 1886. Royal 8vo. 1880-6. Published at 15/., reduced to Net 77. 10s. Or sold separately— . 6vols. Magna Charta to end of the year 1880. Net 61. 63. ‘ lvol. Supplement. 1881 to 1885 inclusive. | 21. 2s. 49 & 60 Vict. 1886. 6s. 6d. 60 & 61 Victsz; 1887. * 10s. 62. Extracts yzou Prerace.J—The alphabetical arrangement of subjects is strictly adhered to, the Statutes being printed one after another in chronological order, under h well-known heads aa ‘‘ Companies,” “‘ Evidence,” “Poor,” &c. Avith regard to the contents of the volumes, the key-note remains as before— “practical utility.” But it should be stated, for the sake of greater clearness, that the Collection is intended to include all the Rute Statutes, except repealed and obsolete enactments, Acts relating to Scotland or Ireland only or to limited areas in England, and Acts rarely referred to snare practice. 7 ae aa i The various titles are"prefixed by Tables of Contents, which will, it is hoped, serve the double purpose of showing at a glance the general course of the le slation with which the practitioner is busied, and also of guiding him to any particular enactment of which he may happen to be in search. A ‘‘ General Index” and a Chronological Table of all the Statutes collected will be found in the concluding volume. Opinions of the Press. : “The codification of the Statutes, unlike the codification of the Common Law, presents indubitable advantages. The collection of the late Mr. Chitty and his subsequent editors is practically no less authoritative, and rendered more useful by *,* AU standard Law Works are kept in Stock, in law calf and other bindings, o 28 STEVENS AND SONS’ LAW PUBLICATIONS. STATUT ES—continued. the addition of commentary and decided cases, than an official code would be. The interval of twenty years hitherto observed between the editions of this work since its first appearance in 1825 has been conveniently shortened to fifteen between the last edition and that now before us. It does not take long, in:an era when legislation does everything for us and we do nothing for ourselves, for a roll of statutes to accumulate sufficient to make the addenda _almost-as voluminous as the body of the work. The Acts relating to Bankruptcy, Married Women’s Property, Shipping, the Judicature, Bills of Sale, Artizans’ Dwellings, and Public Worship are only a small sample of the important legislation which the new edition embodies. It is needless fo e on the-value of ‘Chitty’s Statutes ’to both the ‘Bar and to Solicitors, for it is attested by the experience of many years. It only remains to point out that Mr. Lely’s work in peeee the collection to the present time is distinguished by care and judgment. e difficulties of the editor were chiefly those of selection and arrangement. A very slight laxness of rule in including or excluding certain classes of Acts would materially affect the size and compendiousness of the work. Still more important, however, is the way in which the mechanical difficulties of arrangement are met. The Statutes are compiled under sufficiently comprehensive titles, in alpha- betical order. Mr. Lely, moreover, supplies us with three indices—the first, at the head of each title, to the enactments comprised in it; secondly, an index of Statutes in chronological order; and, lastly, a general index. By these cross references research into every branch of law governed by the Statutes is made easy both for lawyer and layman.’’— The Times. é . “A very satisfactory edition of a time-honoured and most valuable work, the trusty guide of present, as of former, judges, jurists, and of all others connected with the administration or practice of the law.”—Justice of the Peace. “‘Chitty’ is pre-eminently a friend in need. Those who do not possess a complete set of the Statutes turn to its chronological index when they wish to consult a particular Act of Parliament. Those who wish to know what Acts are in force with reference to a particular subject turn to that head in ‘ Chitty,’ and at once find all the material of which they are in quest. Moreover, they are, at the same time, referred to the most important cases which throw light on the subject.”"—Law Journal. Public General Statutes. Royal 8vo. Issued in parts and in com- plete volumes, and supplied immediately on publication. SUMMARY CONVICTIONS.—Paley's Law and Practice of Sum- mary Convictions under the Summary Jurisdiction Acts, 1848 and 1879; including Proceedings preliminary and snbsequent to Convictions, and the responsibility of Convicting: Magistrates and their Officers, with Forma. Sixth Edition. By W.H. Macnamara, Esq., Barrister-at-Law. Demy 8vo. 1879. 1l. 4s. Wigram.— Vide ‘‘ Justice of the Peace.” SUM MONSES AND ORDERS.—Archibald.— Vide ‘‘ Chamber Praz- tice.’ TAXES ON SUCCESSION.—Trevor's Taxes on Succession.— A Digest of the Statutes and Cases (including those in Scotland and Ireland) relating to the Probate, Legacy and Succession Duties, with Practical Observations and Official Forms. Fourth Edition. By Evetyn Freeva and R. J. Wattacs, of the Legacy and Succession Duty Office. Royal 12mo. 1881. 12s. 6d. “Contains a great deal of practical information.”—Law Journal. TAXPAYERS’ GUIDES,.— Vide ‘‘House Tax,” ‘* Income Tax,’’ and “Land Tax.”’ THEATRES AND MUSIC HALLS.—Geary’s Law of Theatres and Music Halls, including Contracts and Precedents of Contracts.—_By W. N. M. Gary, J.P. With Historical Intro- duction. By Jamzs Witxiams, Esqrs., Barristers-at-Law. 8vo. 1885, 5s. TITHES.—Bolton's Tithe Acts; including the Recent Act for the Limitation and Redemption of Extraordinary Tithe; with an Intro- duction and Observations and copious Index. By T. H. Borron, Solicitor. Royal12mo. 1886. 6s. *," All standard Law Works are kept in Stock, in law calf and other bindings. * , 119, CHANCERY LANE, LONDON, W.C. 29 TORTS.—Addison on Torts; being 8 Treatise on Wrongs and their Remedies. Sixth Edition. By Horacz Smrru, Esq., Bencher of the Inner Temple, Recorder of Lincoln, Editor of ‘‘ Addison on Contracts,” &e. Royal 8vo. 1887. 12. 188. ‘Upon a careful perusal of the editor’s work, we can say that he has done it excellently.”—Law Quarterly Review. “* As now presented, this valuable treatise must prove highly acceptable to judges and the profession.”"—Law Times. “ An indispensable addition to every lawyer's library.”’—Law Magazine. Ball’s Leading Cases on the Law of Torts, with Notes, Edited by W. E. Barz, LL D., Esq., Barrister-at-Law, Author of ‘‘Prin- ciples of Torts and Contracts.’? Royal 8vo. 1884. 1d. Ls. “The notes are extremely, and as far as we have been able to discover uniformly, good. . . There is much intelligent and independent criticiem.’’—Solicitors’ Journal. ‘‘All the cases given are interesting, and most of them are important, and the comments in the notes are intelhgent and useful.”—Law Journal. Pollock's Law of Torts: a Treatise on the Principles of Obligations arising from Civil Wrongs in the Common Law. By Freprrick Potxtock, of Lincoln’s Inn, Esq., Barrister-at-Law ; Corpus Pro- fessor of Jurisprudence in the University of Oxford ; Professor of Common Law in the Inns of Court; late Fellow of Trinity College, Cambridge; and Honorary Doctor of Laws in the University of Edinburgh. Author of ‘Principles of Contract,” “A Digest of the Law of Partnership,”” &c. Demy 8vo. 1887. ll. Is. “Tt is impossible to speak of Mr. Pollock’s latest production except in terms of unqualified praise. To say that it is framed upon the same lines as the ‘ Principles of Contract,’ by the same author, and that it reaches the same high standard of ex- cellence, would without more probably prove a sufficient commendation to the pro- fession generally. . . . To the practitioner, as well as to the student, Mr. Pollock’s work will prove most useful. It an empty space in the legal library, and supplies aclear want. It is concise, logically arranged, and accurate.”—Law Times, February, 26, 1887. ‘ ° : js ° Prideaux’s Precedents in Conveyancing.—With Disserta- tions on its Law and Practice. Thirteenth Edition. By FREDERICK PRIDEAUX, late Professor of the Law of Real and Personal Property to the Inns of Court, and JOHN WHITCOMBE, Esgrs., Barristers-at-Law. 2 Vols. Royal 8vo. 1885. Price 31. 10s. cloth. “ The most useful work out on Conveyancing,” —Law Journal, Williams’ Bankruptcy Practice.—The Law and Practice in Bankruptcy, comprising the Bankruptcy Act, 1883; the Bankruptcy Rules, 1886; the Debtors Acts, 1869, 1878; and the Bills of Sale Acts, 1878 and 1882. Fourth Edition. By R. V. WILLIAMS, W. V. WILLIAMS, and HE. W. HANSELL, Esgqrs., Barristers-at-Law. Royal 8vo. 1886. Price 11. 8s. cloth. Lawrance’s Precedents of Deeds of Arrangements between Debtors and their Creditors; including Forms of Resolutions for Com- positions and Schemes of Arrangement under the Bankruptcy Act, 1883. Third Edition. With Introductory Chapters, also the Deeds of Arrangement Act, 1887, with Notes. By G. W. LAWRANCH, M.A., Hsq., Barrister-at-Law. Demy 8vo. 1888. Price 7s. 6d. cloth. 7 Gosset’s Practical Guide to Account Stamp Duty, Customs, and Inland Revenue Act, 1881 (44 Vict. c. 12, s. 88). By J. A. GOSSET, of the Legacy and Succession Duty Office. Post 8vo. 1887. Price ds. cloth. Highmore’s Summary Proceedings in Inland Revenue Cases in England and Wales. Second Edition. By NATHANIEL JOSEPH HIGHMORE, Esq., Barrister-at-Law, and of the Solicitors’ Department, Inland Revenue. Royal 12mo. 1887. Price 7s. 6d. cloth. . , a Sik Fisher's Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce, together with a selec- tion from those of the Court of Chancery and Irish Courts. From 1756 to 1883 inclusive. Founded on Fisher’s Digest. By JOHN MEWS, Assisted by C. M. CHAPMAN, HARRY H. W. SPARHAM, and A. H. TODD, Barristers-at-Law. In7 Vols. Royal 8vo. 1884. Price 121. 12s. cloth. *,% Annual Supplements for 1884, 12s. 6d. ; 1885, 1886, and 1887, 15s. each, boards. Ellis’ Guide to the Income Tax Acts.—For the use of the English Income Tax Payer. Second Edition. By ARTHUR M. ELLIS, LL.B. (Lond.), Solicitor. Royal 12mo. 1886. Price 7s. 6d. cloth. Smith’s Manual of Common Law.—For Practitioners and Students. Comprising the Fundamental Principles, with useful Practical Rules and Decisions. By JOSIAH W. SMITH, B.C.L., Q.C. Tenth Edition. By J. TRUSTRAM, LL.M., Esq., Barrister-at-Law. Demy 12mo. 1887. Price 14s. cloth. | Napier’s Modern Digest of the Final Examinations.— A Modern Digest of the Law necessary to be known for the Final Examination of the Incorporated Law Society, done into Questions and Answers; and a Guide to a Course of Study for that Examination. By T. BATHMAN NAPIER, UL.D., Barrister-at-Law. Demy 8v0. 1887. Price 18s. cloth. 4 The Pocket Law Lexicon.—Explaining Technical Words, Phrases and Maxims of the English, Scotch and Roman Law, to which is added a complete List of Law Reports, with their Abbreviations. Second Edition. Revised and Enlarged. By HENRY G. RAWSON, B.A., of the Inner Temple, Hag., Barrister-at-Law. Feap. 8vo. 1884. Price 63. 6d. limp binding. “A wonderful little legal Dictionary.”—Jndermaur’s Law Students’ Journal. Wharton's Law Lexicon,—Forming an Epitome of the Law of England, and containing full explanations of the Technical Terms and Phrases thereof, both Ancient and Modern, including the various Legal Terms used in Com: mercial Business. Together witha Translation of the Latin Maxims and Selected Titles from the Civil, Scotch, and Indian Law. Seventh Edition. By J. M. LELY, Esq., Barrister-at-Law, Super-Royal8vo. 1883. Price 1l. 18s. cloth. Goddard’s Treatise on the Law of Easements.—By Joun LEYBOURN GODDARD, Esgq., Barrister-at-Law. Third Edition. Demy 8vo. 1884. Price 1l. 1s. cloth. mm *.* A larae Second-hand stock of Law Reports on sale. Prices on application. i a MAMA MAMMA Ss SS S NN iii N WON \ e ~ ANN SS OC _ Soe snnh ee ra mienaennese ee Ss