Hi
 
 LIBRARY REGULATIONS 
 
 OF THE 
 
 ROYAL COLONIAL INSTITUTE. 
 
 I. The Library will he open to Fellows on Mondays, Tuesdays, Wednesdays, 
 Thursdays and Fridays, from 10.30 a.m. to 5 p.m. ; and on Saturdays, from 
 10.30 a.m. to 2 p.m.; excepting Good Friday to Easter Monday (both inclusive), 
 Christmas Day, and the days appointed as Bank Holidays. The Library will be 
 closed during the whole of the first and second weeks in vSeptember, for the purpose 
 of cleaning, examination of books, <S:c. 
 
 II. Dictionaries, Directories, Encyclopaedias, and other works of reference and 
 high value. Manuscripts, Atlases, Maps, Books and Illustrations in loose sheets, 
 Drawings, Prints, unbound Books, New Books until the expiration of six months 
 from the time of their reception, and such other Books as the Library Committee 
 may from time to time declare to be Books of Rei'erence, shall not be taken out of 
 the Library, unless with the special written order of a member of the Council. 
 
 III. The title of every Book, Pamphlet, or work of any kind that may be 
 lent, shall first be entered in the Library Register, with the borrower's signature, 
 or a separate receipt under his hand. No more than three volumes shall be lent 
 at any one time to a Fellow. 
 
 IV. No work of any kind shall be retained longer than one month ; but at the 
 expiration of that period, or sooner, the same must be returned free of expense, 
 and may then, upon re-entry, be again borrowed, provided that no application 
 for it shall have been made in the meantime by any other Fellow. 
 
 V. All Books that have been borrowed must be returned to the Librarian, free 
 of expense, by the 31st of August in each year. 
 
 VI. Every volume used in the Institute Building shall, when done with, be 
 at once handed to the Librarian, to be by him returned to its proper shelf. 
 
 VII. In every case of loss of, or damage to, any volume, or other property 
 of the Institute Library, the user or borrower shall make good the same ; and all 
 or any property shall be considered as lost, and recovery of its value be caixUilc 
 of being enforced, if such jiroperty is not returned within one month after 
 application for it shall have been made by the Librarian, by letter addressed to 
 the borrower at his address as entered in the Register of Fellows. 
 
 VIII. Visitors may be admitted to the Library on the introduction of a 
 Fellow, whose name, together with the names of the Visitors, shall be inserted 
 in a book kept for that purpose. 
 
 IX. Any infraction of the above Regulations will be reported to the Council, 
 who will take such steps as the case may appear to require. 
 
 KOYAI, Colon I Ai, Institui k, By order of the Council. 
 
 Northumberland Avenue, W.C.
 
 
 '4^ 
 
 ^^sf:4hh9
 
 THE 
 
 LAWS OF BRITISH GUIANA. 
 
 A NEW AND REVISED EDITION. 
 
 • J^EEPARED UNDER THE AUTHORITl^ OF THE 
 STATUTE LAWS (REVISED EDITION) ORDINANCE, 1904. 
 
 BY 
 
 SIR THOMAS CROSSLEY RAYNER, Knt., K.C 
 
 ATTORNEy-GENERAL. 
 
 IN FIVE VOLUMES. 
 
 ■^/ 
 
 VOL. L 
 
 Resolutions of tlie States-General, A.D. 1774, 
 
 to 
 Ordinance No. 5 of 1883. 
 
 LONDON : 
 PRINTED BY WATEKLOW tVi SONS LIMITED, 
 
 LONDON WALL, 
 FOR THE GOVERNMENT OF BRITISH GUIANA. 
 
 1905.
 
 LONDON : 
 
 ■WATERLOO AND SONS LIMITED PRINTERS, 
 
 LONDON WALL.
 
 he 50 
 PREFACE. 
 
 This new and revised edition of the Statute Laws of the Colony has been prepared 
 and printed under the authority of the Statute Laws (Revised Edition) Ordinance, 
 1904. It is based on the edition prepai'ed in 1894 by Mr. (now Sir .John) 
 Carringttm, then Attorney-General of the Colony, under the authority of an 
 Ordinance similar to that under which the present edition has been prepared. 
 Thoui^h the edition of 1894 was the first edition of the Statute Law of the Colony 
 issued by the authority of the Government, it was not the first compilation of it 
 that was published, and a brief account of the various editions which have been 
 issued may be of interest. 
 
 The earliest compilations of the laws are contained in volumes called the 
 " Local Guides," which were issued at irregular intervals. The one for the year 
 1815 appears to have been the first issued. It contains only 89 pages, of which 41 
 are occupied by what are called " Abstracts of Legislative. Acts." The other pages 
 contain a list of the estates in the Colony, a list of the public officials, some general 
 information about the Colony, and an almanac for the year. The next appears to 
 have been issued in 1819, and it had grown to 256 pages, of which 208 ai-e 
 occupied by the " Abstracts." Other " Local Guides " were issued in 1820, 1821, 
 1822, and 1825, each of which contains a more or less complete compilation of the 
 Laws. That for 1821, which may be taken as typical of the others, devotes 277 
 out of its 400 pages to " Abstracts of the Local Laws from 1789 to 1820." These 
 " Abstracts " do not appear to be arranged upon any system, they are not printed 
 chronologically, but appear under various headings which are not arranged 
 alphabetically. An index of these headings is prefixed to the volume. The laws 
 in these volumes apply only to Demerara and Essequebo, and it was not till some 
 years later, in 1831, on the union of Berbice with Demerara and Essequebo, that 
 the Colony of British Guiana was constituted. 
 
 In the "Local Guide" for 1832, the first year after the Colony was con 
 stituted, "Abstracts of the Laws and Ordinances in operation in British Guiana" 
 occupy some 370 pages out of 432, arranged under various headings, but without 
 any system. The publication appears to have been very irregular for the next 
 ten years, but in 1843 the " Local Guide" appeared with what the "Advertise- 
 ment " prefixed to it claims to be " a complete compilation of the Statute Law of 
 the Colony as in force at the beginning of the year 1843, whether enacted by 
 their High Mightinesses the States General of the United Netherlands, the 
 Assembly of ten of the Dutch West India Company, the King in Council, the 
 Governor and Court of Policy of Berbice, the Governor and Court of Policy of the 
 United Colony of Essequebo and Demerary, or the Governor and Court of PoHcy 
 of British Guiana." This, therefore, is the first con'pilation which nlaims to be 
 
 845CG3 ^^
 
 IV 
 
 complete, and it occupies 800 pages out of the 934 contained in the volume. The 
 Laws, as in previous volumes, are arranged under various headings, but on no 
 system ; there is an Index of seven pages at the end, and a Table of Contents 
 prefixed to the volume which gives the pages at which the various headings are to 
 be found. 
 
 An interesting circumstance connected with this volume is the fact that it 
 contains a number of new Ordinances which had been rendered necessary by the 
 abolition of slavery in 1838, when considerable amendment in the law became 
 necessary to adapt it to the altered social condition of the Colony. Sir William 
 Arrindell, the then Chief Justice, was entrusted with the duty of drafting the 
 required legislation, and the result of his labours appears in this volume, and the 
 fact that such extensive alterations had been recently made in the law appears to 
 have been the reason why the publishers of the " Local Guide " made this attempt 
 to issue a complete compilation of the Statute Law of the Colony. It is clear that 
 they did not contemplate issuing such a compilation annually, for in the " Adver- 
 tisement " before referred to they state their intention, " if it should meet with 
 sufficient encoui^agement, to print an Annual Supplement, containing, along with 
 other useful information, all such additional laws as may from time to time be 
 enacted." After 1843 the issue of the "Local Guide" appears to have been 
 very irregular, and it came to an end in 1864. 
 
 In the " Preface " to the last volume issued (1864), the publishers state that 
 " a complete and entire collection of our statutory laws could not possibly be com- 
 prised in a single volume of manageable dimensions ; but this will be found to 
 bring together the principal Ordinances in frequent use," and this part of the 
 volume occupies 985 pages out of a total of 1,064, arranged much as in the 
 previous volumes. There is an Index at the beginning of the volume, but no 
 Table of Contents. This volume brought to an end a series of publications which 
 showed much enterprise on the part of the compilers, and which were of great 
 value to the Colony. 
 
 In 1864 a volume called " The Laws of British Guiana " was published, which, 
 with the exception of the " Local Guide " of 1843, appears to have been the first 
 attempt to issue a complete edition of the Statute Law of the Colony, and the 
 first attempt of any kind to issue it in a complete form separate and distinct from 
 other matter. 
 
 It was compiled by Mr. H. A. Firth, an Immigration Agent of the Colony, 
 and was in one volume, which began with the year 1811 and went up to the date 
 of publication. The Ordinances were arranged under various headings, much after 
 the style of Chitty's Statutes. A Table in chronological order in three parts was 
 prefixed to the volume, containing : — 
 
 (1.) All the enactments passed from 1811 to 1831 by the Court of Policy of 
 Demerara and Essequebo ; 
 
 (2.) All the enactments passed from 1812 to 1831 by the Court of Policy of 
 Berbice ; and 
 
 (3.) All the Ordinances passed from 1831 by the Court of Policy of British 
 Guiana after the Union of the three Colonies of Demerara, Essequebo, and 
 Berbice into one Colony.
 
 The Table indicates whether an Ordinance had been repealed or had lapsed, 
 and in the case of those then in force gave the pages of the volume where they 
 were to be found. The volume contained about 900 folio pages, with an Index of 
 91 pages at the end. 
 
 In 1870 Mr. Firth issued a second volume, containing the Ordinances passed 
 from 1864 to 1869, arranged in the same manner as in the first one, and paged in 
 continuation of it. A chronological table of the Ordinances passed between 1864 
 and 1869, similar to the one in the first volume, was prefixed to it, and also two 
 tables showing the effect of subsequent legislation upon the laws contained in the 
 first volume : the first sho'WTiig in chronological order the Ordinances affected, and 
 the second the same Ordinances arranged according to the headings under which 
 they appear in the work, and the pages at which they are to be found. A new 
 Index to the whole work, comprising both volumes, was added. The second volume, 
 including the Tables and Index, contained about 800 folio pages, but it was 
 printed in much larger type than the first volume. 
 
 This compilation, though not the work of a lawyer, seems to have been 
 exceedingly well done, and it was used almost as an authoritative edition of the 
 laws up to a comparatively recent period. 
 
 In 1870 there was begun a " New and Revised Edition of the Laws of British 
 " Guiana, chronologically arranged from the year 1773 to 1873." This was 
 published by Mr. L. McDermott, the editor and publisher of a local newspaper (who 
 had also been the publisher of the first volume of Firth's laws), and he seems, 
 though there is no compiler's name on the title page, to have also been the 
 compiler. The work was completed in six octavo volumes, with an Index in a 
 separate volume. The publication was somewhat irregular, and was spread over 
 about twelve years, the sixth volume, which carried the work up to 1880 (seven 
 years beyond what the compiler originally contemplated) not appearing till 1882, 
 in which year also the Index volume was published. 
 
 This edition contains the Ordinances in force at the time of publication 
 arranged in a chronoloa;ical order, and there is a Table of the Ordinances contained 
 in each volume, prefixed to that volume, but there is no general Table showing the 
 whole of the Ordinances passed, including repealed and spent Ordinances. This edition 
 never superseded the use of Firth's, and does not appear to have been much used. 
 
 The various editions before referred to, like the earlier editions of the English 
 Statutes, were the result of private enterprise, and were not in any way official or 
 authorized editions, though the Government gave a sum of money to assist Mr. 
 Firth to publish his edition. 
 
 In 1894 it was decided to prepare and publish an authorized edition of the 
 Statute Laws of the Colony, and the Statute Laws (Revised Edition) Ordinance, 
 1894, was passed, appointing Sir John Carriiagton, then Attorney-General, a 
 Commissioner for that purpose, with wide powers of revision and consolidation. 
 
 The edition was published in 1895 in five volumes, including an Index 
 volume. In the preface to that edition. Sir John Carrington reviewed the 
 powers conferred upon him and explained how he had exercised them. He said 
 " An examination of the provisions of this Ordinance [the Statute Laws (Revised 
 " Edition) Ordinance, 1894,] will show that the powers of re-arrangement and
 
 VI 
 
 ' formal revision conferred by the Legislature upon the Commissioner charged 
 •'• with the duty of preparing the edition and passing it through the press are 
 " very large. It was necessary, or at any rate desirable, that such powers should 
 " be conferred, having regard to the condition of the Statute Book and to the 
 " fact that an authorized edition of it has never been issued by the Government 
 " of the Colony. These powers have been exercised principally in the follow- 
 " ing ways, namely, the consolidation of enactments ^n j)ari materid, the 
 " omission of introductory words of enactment in the several sections of the 
 " older Ordinances, the rendering of the phraseology of enactments more simple 
 " and direct, where this could be done without affecting the sense, the breaking 
 " up of long and involved sections into sub-sections, the re-writing of marginal 
 " notes, so as to render them shorter and clearer, and the addition of marginal 
 " notes and footnotes of reference and information. The object steadily aimed at 
 " in the exercise of these powers has in fact been that which, it is conceived, was 
 " present to the mind of the Legislature when the Ordinance entrusting the 
 " powers to the Commissioner was passed, viz., that the new edition should, as far 
 " as practicable, be simple and clear in its language and uniform and convenient 
 " in its plan and an-angement. 
 
 " Of the powers above referred to by rar the most valuable and important 
 " is that of consolidation. To those who are charged with or concerned in 
 " the administration of any particular branch of the Statute Law, it cannot 
 " be otherwise than an advantage to have the Ordinances and portions of 
 " Ordinances in which that branch is embodied, amounting, as they do in 
 " many cases, to two, three, four, or more — in one case nine — in number, 
 " brought together within the compass of one Ordinance. In the operation of 
 " welding such scattered Ordinances into one, it has, in some instances, not 
 " been easy to say what is law and what is not law, in consequence of an 
 " apparent preference having been sometimes shown for impUed as compared 
 " with express repeal. 
 
 " But, while these extensive powers of revision as to the form of the laws 
 " have been freely exercised, the Commissioner has carefully borne in mind, 
 " and anxiously endeavoured to conform to, the injunction laid upon him by 
 " the Legislature that he should not, of his own motion, introduce into the edition 
 
 " any alteration in the substance of the laws comprised in it. 
 
 ****** 
 
 " The Chronological Table and the Index contained in the fifth volume are 
 " to a considerable extent modelled upon the Chronological Table and the Index 
 " to the Acts of the Imperial Parliament which are periodically prepared, 
 " printed, and issued under the direction of the Statute Law Committee. The 
 " Table contains a complete list of all the Ordinances passed since the establish- 
 " ment of the Colony of British Guiana in 183L There are so few enactments 
 " of the separate Colonies now in force that it would not have served any 
 " useful purpose to make the Table begin with an earlier date, even if the 
 " requisite materials had been available. A reference to the Table will enable 
 " any one to ascertain easily the place in the new edition of any particular 
 " Ordinance or part of an Ordinance, or the reason for its omission, if it has
 
 vu 
 
 " been omitted. If the Ordinance sought for is included in the edition, the Table 
 " will also show its number and the title of the Index under which it may be 
 " found. 
 
 " Much time and labour have been expended in the preparation of the 
 " Index, and it is hoped that it will prove to be fairly full and complete and 
 " at all events accurate. The general scheme of it, as of the Index above 
 " referred to, is ' to group under ccjmparatively few effective titles the whole of 
 " ' the Statute Law, and to refer by cross titles to the sub-divisions of that 
 " 'Statute Law as found under the proper effective titles.' In the case of the more 
 important Ordinances a full analysis of their contents has been given by 
 " printing the titles of their Parts and other divisions and their marginal notes, 
 " while a shorter summary of contents is made to serve in the case of less 
 " important Ordinances." 
 
 Upon its publication the above edition became " in all Courts of Justice and 
 " for all purposes whatsoever the sole and only proper Statute Book of the Colony 
 " with regard to the Ordinances inserted therein," and has since been the only 
 edition in use. 
 
 For some time past, however, it has been evident that a new edition was 
 required, as in the ten years which have elapsed since its publication a large 
 number of the Ordinances contained in the 1895 edition had been repealed, and a 
 still larger number amended and re-amended, and in many cases the law on a given 
 subject could only be found by reading together several Ordinances. Accordingly in 
 1904 the preparation of a new edition was decided on, and the Statute Law (Revised 
 Edition) Ordinance, 1904, was passed, in the same terms, with very slight 
 differences, as the Ordinance of 1894. 
 
 In preparing this edition the Commissioner has endeavoured as far as possible 
 to follow the same lines as his predecessor in the previous edition. His task, how- 
 ever, has been lighter, as he has not had to deal with the whole mass of the 
 legislation of the Colony prior to 1895, but has been able to take his predecessor's 
 labours as his starting point. In this edition, therefore, all the Ordinances con- 
 tained in the previous edition appear in exactly the same form as in it, except in 
 so far as they have been affected by subsequent legislation. The Commissioner 
 has, however, not made quite such full use of the power of consolidation as his 
 predecessor, and where an Ordinance, though dealing with the same branch of law 
 as an earlier Ordinance, is complete in itself, and does not make any alteration or 
 amendment in the terms of the earlier Ordinance, it usually appears in this 
 edition as a separate Ordinance. 
 
 For the most part private Ordinances have not been consolidated, and appear 
 in this edition in the form in which they were passed, or in which they appear in 
 the edition of 1895. The Commissioner was unwilling to run the risk of altei'ing 
 or affecting private rights or habilities conferred or imposed by these Ordinances, 
 which might possibly have resulted in some cases, had all the Ordinances relating 
 to a particular corporation or body, in one case no less than twelve, been con 
 solidated into one. In a few cases, however, the Ordinances relating to certain 
 companies, where there was no danger of interfering with private rights and 
 liabilities, have, with the consent of the companies, been consolidated.
 
 VUl 
 
 In this edition the Ordinances have not been re-numbered as was done in the 
 previous edition, where the Ordinances of each year were re-numbered from 1 
 onwards, so as to make them run consecutively, which would not have been the 
 case had they been numbered as originally passed, owing to the large number of 
 Ordinances which had been repealed. This re-numbering, however, led to some 
 confusion, as many people continued for some time after the edition was published 
 to cite Ordinances by their original numbers instead of the new ones. In this 
 edition, therefore, the Ordinances have not been re-numbered, but, as the 
 Ordinances contained in the previous edition are now commonly known by the 
 numbers assigned to them in it, these numbers have been retained, for it would 
 cause still further confusion to revert to the original numbers. The numbers, 
 therefore, under which the Ordinances appear in this edition, are, up to the year 
 1894, those assigned to them in the previous edition, and, as to the rest, the 
 numbers under which they were passed. The numbers, therefore, do not run 
 consecutively, but it is considered that the irregularity of the numbering will be 
 more than compensated for by the practical convenience of persons being able to 
 find the Ordinances in the new edition under the numbers familiar to them. 
 
 The Commissioner, however, has found it impossible to avoid re-numbering 
 the sections of several Ordinances, where two or more Ordinances have been 
 consolidated, or where amendments have been incorporated into an Ordinance ; 
 but re-numbering has not been resorted to where it could be avoided. Where 
 possible the old number has been retained, and in several cases re-numbering has 
 been avoided by combining two sections into one, to make room for the inter- 
 polation of a new section inserted by an amending Ordinance, or by splitting one 
 section into two to fill up the space occupied by a repealed section. Where, 
 however, it has been impossible to avoid re-numbering, the original number of 
 the section has been added at the end in brackets-; and where a new section has 
 been incorporated into an Ordinance, the section of the Ordinance from which 
 it was taken is shown at the end in brackets. By this means it can be seen at 
 once which sections of an Ordinance were originally passed as part of it, and 
 which have been incorporated into it, and the source from which the latter come, 
 and, in case any of the original sections have been re-numbered, the original 
 numbers. It is hoped by this means to facilitate reference, and to avoid as far 
 as possible any inconvenience the re-numbering may cause. 
 
 A Table of Abbreviations is added, which further explains the use of these 
 references, and which it is hoped makes their meaning quite clear. It must be 
 understood, however, that these references only indicate amendments in the law 
 made subsequent to the publication of the edition of 1895, and that, as to Ordinances 
 contained in it, such references only indicate amendments made in them as they 
 are printed in that edition. 
 
 In several Ordinances passed after 1902, there will be found at the end 
 of some of the sections references to previous Ordinances. These are consolida- 
 tion Ordinances, and other Ordinances which repeal and re-enact part of a 
 previous Ordinance, and the sections of the repealed Ordinance which are re- 
 enacted are thus indicated, and in some cases the further indication is given that 
 the repealed section has been re-enacted with amendments. This practice was
 
 IX 
 
 begua in 1903, following the example of the Canadian Statutes, in order to show 
 at a glance what provisions of the Ordinance are new, and what are a re-enact- 
 ment of the existing law. Such references, therefore, in Ordinances passed after 
 1902, with two or three unimportant exceptions, have nothing to do with any 
 consolidation done in the preparation of this edition. 
 
 A point to which attention may be called is the apparent anachronism, that 
 His Majesty the King is referred to in several Ordinances passed during the reign 
 of the late Queen. It might be argued that these Ordinances should have been 
 printed as they were passed, with Her late Majesty's name in them, but the 
 Commissioner considered that the Legislature in providing for the publication 
 of this edition and conferring upon him the wide powers it did, intended that 
 he should issue the edition, as nearly as circumstances allow, in the same form as the 
 Legislature itself would have done had it been able to codify by repeal and 
 re-enactment the entire Statute Law of the Colony. In such a re-enactment the 
 name of the reigning King would, of course, appear, and the Commissioner, 
 therefore, decided to substitute His Majesty's name and style wherever it occurred 
 for that of Her late Majesty, except where Her late Majesty was herself personally 
 referred to, or some fact occurring in her reign. He was further guided to this 
 decision by the consideration that this edition is intended for practical lawyers and 
 those who have to administer the law, and he thought it better to print the 
 Ordinances exactly as they would have to be read in every-day use, and to sacrifice 
 chronological accuracy to practical utility. 
 
 Attention may also be called to another apparent anachronism, namely : that 
 a few Ordinances contain references to other Ordinances passed subsequently to 
 them. This is due to the fact that as originally passed they referred to earlier 
 Ordinances which have since been repealed by subsequent Ordinances, with a 
 provision that references to the repealed enactment in any Ordinances are to be 
 construed as referring to them (the repealing Ordinances). The anachronism might 
 have been avoided by leaving the reference to the repealed Ordinance undisturbed, 
 with a footnote referring to the new Ordinance, but the considerations before 
 referred to decided the Commissioner to print the Ordinances as they would have 
 to be read for practical purposes. 
 
 The Chronological Table and Index in the fifth volume follow the same lines as 
 those in the previous edition, and they are modelled on the Chronological Table 
 and Index to the English Statutes issued from time to time by the Statute Law 
 Committee. The Chronological Table will enable any one to trace the history of 
 any Ordinance, to find out what has become of it, and, if still in force, where 
 it is to be found in the new edition. It is hoped that the Index will be found 
 complete and useful. For the most part the general titles found in the last 
 edition have been retained, but in a few cases they have been broken up, and the 
 subjects referred to under them have been dealt with under other headings, which 
 experience has shown are the ones to which one usually turns when searching 
 for them. 
 
 The publication of the edition has been delayed longer than was originally 
 intended, but this is due to a desire to make the work as complete as possible, and 
 to include in it the latest legislation. Some legislation, not contemplated when the
 
 preparation of the edition was begun, was passed during its preparation, and other 
 legislation which afi'ected several Ordinances was pending when it was ready for the 
 press, and it was thought better to wait for that legislation rather than to issue 
 the edition in an incomplete form, and containing matter which would be obsolete 
 before it was issued. 
 
 In this edition each volume begins and ends with a complete year, and to the 
 desire to avoid the inconvenience of having part of the Ordinances of a year in one 
 volume, and part in another, must be attributed any want of uniformity in the size 
 of the volumes. 
 
 The Commissioner has endeavoured to the best of his ability to avoid errors 
 and inaccuracies, but in spite of every care he cannot hope to have entirely escaped 
 them, and for any such he must ask for indulgence, especially as, owing to the delay 
 in publication above referred to, a considerable part of the work has had to be 
 done along with the ordinary duties of his office. He trusts, however, that his labours 
 will be found to have been of use to the Colony, and the edition he has prepared 
 worthy to rank with the one it is to supersede. 
 
 T. C. R. 
 
 Georgetown, Demerara, 
 August, 1905.
 
 XI 
 
 ABBREVIATIONS. 
 
 Am. or Amd Amended by. 
 
 Kep Repealed by. 
 
 Incorp Incorporated. 
 
 Numbers and references to enactments in brackets at the end of a section of an Ordinance 
 indicate the following : — 
 
 A number thus (s. 34) indicates that some of the sections of that Ordinance have been 
 re-numbered, and the number in brackets is the original number of the section. 
 
 \_e.(j. Several sections of Ordinance No. 3 of 1876 have been re-numbered, and 
 section 33 was originally 34, which is shown by (s. 34.) printed at the end of it.] 
 
 A reference to an enactment, thus, (19 of 1900 s. 12.) indicates that the section to which it is 
 appended has been incorporated in the Ordinance, and was not part of it as originally 
 passed. 
 
 \_e.(i. Section 31 of Ordinance No. 3 of 1876 was originally passed as section 12 of 
 Ordinance No. 19 of 1900, but it has now been incorporated in the first-named 
 Ordinance as section 31 of it.] 
 
 Amd. followed by a reference to an enactment, thus, (Amd. 21 of 1901 a. 5.) indicates that the 
 section to which it is appended is printed as amended by the enactment referred to. 
 
 [e.g. Section 10 of Ordinance No. 6 of 1877 is printed as amended by section 5 of 
 Ordinance No. 21 of 1901.] 
 
 Combinations of the above references also occur : — 
 
 Thus, (s. 12 amd. 26 of 1903 s. 21) at the end of section 11 of Ordinance No. 3 of -1878, means 
 that some sections of that Ordinance have been re-numbered, and that section 11 was 
 originally section 12, and that it is printed as amended by Ordinance No. 26 of 1903 s. 21 
 
 Or thus, (19 of 1900 s. 15 amd. 6 of 1904 s. 4 (3.)) at the end of section 36 of Ordinance 
 No. 3 of 1876 means that that section was originally passed as section 15 of Ordinance 
 No. 19 of 1900, and that it is now incorporated in the first-named Ordinance as section 36 
 of it, and also that it is printed as amended by section 4 (3.) of Ordinance No. 6 of 1904
 
 TABLE OF ORDINANCES, ETC., 
 
 IN VOL. I. 
 
 LAWS OF DEMERAEA AND ESSEQUEBO. 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1774. 
 1803. 
 
 1830. 
 
 Extract from the Eegister of the Eesolutions of Their 
 High Mightinesses the States-General of the United 
 Netherlands. [4th October, 1774.] 
 
 Publication relating to Alterations in the Names of 
 Plantations. [20th July, 1803.] 
 
 Articles of Capitulation proposed in 1803 by the 
 Governor-General and the Court of Police of the Colonies 
 of Essequebo and Demerara, and the Commanding 
 Officers of the Sea and Land Forces of the Batavian 
 Republic in the said Colony, to Their Excellencies the 
 Commanders-in-Chief of His Britannic Majesty's Sea 
 and Land Forces off Demerara, with the Answers to 
 such Articles. [18th and 19th September, 1803.] 
 
 On Ordinance declaring the Provisions of an Act of 
 the Parliament of Great Britain and Ireland, 10th 
 Geo. IV., cap. 7, entitled "An Act for the Relief of 
 His Majesty's Roman Catholic Subjects," extended to 
 this Colony. [30th January, 1830.] 
 
 
 1 
 
 2 
 3 
 
 4 
 
 1800. 
 1803. 
 
 1830. 
 
 1831. 
 
 THE LAWS OF BEEBICE. 
 
 An Act relating to the Boundaries between Berbice 
 and Surinam. [7th February, 1800. J 
 
 A Proclamation by the Provisional Government and 
 other Members of the Court of Policy and Criminal 
 Justice in the Colony of Berbice relating to the 
 Capitulation of the Colony. [27th September, 1803.] 
 
 A Proclamation by His Excellency Lieut. -Governor 
 Beard relating to the Act of Parliament 10th Geo. IV., 
 cap. 7. [7th Januaiy, 1830.] 
 
 THE LAWS OF BRITISH GUIANA. 
 
 Letters Patent constituting the Colony of British 
 Guiana, and appointing Major-General Sir Benjamin 
 D'Urban, K.C.B., Governor. [4th March, 1831.] 
 
 Publication by the Court of Policy relating to the 
 Assumption by His Excellency Governor Sir Benjamin 
 D'Urban, K.C.B., of the Government of British Guiana. 
 
 [2l6t July, 1831.] 
 
 5 
 
 7 
 
 10 
 
 11 
 
 14
 
 XIV 
 
 THE LA WS OF BRITISH GUIANA 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1831. 
 
 No. 1. 
 
 1832. 
 
 No. 1. 
 
 1838. 
 
 No. 1. 
 
 No 2. 
 
 No. 3. 
 
 No. 4. 
 
 1839. 
 
 No. 1. 
 
 No. 2. 
 
 No. 3. 
 
 No. 4. 
 
 1843. 
 
 No. 1. 
 
 An Order of the King-in- Council relating to Appeals 
 to His Majesty-in-Council. [20th June, 1831.] 
 
 An Ordinance to continue in force the Statutes, Acts, 
 and Ordinances heretofore passed, enacted, or 
 ordained by the Governor or Lieutenant-Governor 
 and Court of Policy of the Colonies of Essequebo 
 and Demerara, or by the Governor or Lieutenant- 
 Governor and Court of Policy of the United Colony 
 of Demerara and Essequebo, and by the Governor 
 or Lieutenant-Governor and Court of Policy of 
 Berbice, or by the Governor or Lieutenant-Gover- 
 nor and Council of Government of the Colony of 
 Berbice respectively. [3rd December, 1831.] 
 
 An Ordinance to alter and hx the Period of attaining 
 the Age of Majority. [14th August, 1832.] 
 
 An Ordinance to divide British Guiana into Counties. 
 
 [10th February, 1838.] 
 
 An Ordinance to limit the Duration of Acts of 
 Deliberation. [3rd April, 1838.] 
 
 An Ordinance to render an examined Copy of the 
 Colonial Bank Charter, and duly legalized Copies thereof, 
 good Evidence in the Courts of this Colony. 
 
 [24th May, 1838.] 
 
 An Ordinance for the Better Protection of Fort 
 William Frederick and the Public Works adjacent 
 thereto. [26th May, 1838.] 
 
 An Order-in-Council relating to Currency. 
 
 [14th September, 1838.] 
 
 An Ordinance to alter the Denomination of the 
 Moneys of Account in British Guiana. 
 
 [Ist March, 1839] 
 
 An Ordinance 1o render an examined Copy of the 
 Colonial Bank Supplementary Charter, and duly legalized 
 Copies thereof, good Evidence in the Courts of this 
 Colony. [4th October, 1839.] 
 
 An Ordinance to render valid Wills, Codicils, and 
 Te.stamentaiy Dispositions executed in the presence of 
 tw(j Witnesses. [2nd November, 1839.] 
 
 An Ordinance to prevent the Mischiefs arising from 
 the printing and publishing Newspapers and Papers of 
 a like nature by Persons not known, and for regulating 
 the Printing and Publication of such Papers in other 
 respects, and for establishing the Liberty of the Press on 
 a just and proper basis. [23rd November, 1839.] 
 
 An Ordinance to esfciblish a Registrj' of Baptisms and 
 T>urials in this Colony. [21st January, 1843.] 
 
 14 
 
 17 
 
 The Currency 
 Ordinance, 1839. 
 
 IS 
 
 19 
 
 20 
 
 21 
 
 99 
 
 22 
 
 23 
 
 24 
 
 The Wills Or- 
 dinance, 1839. 
 
 The Newspaper 
 Ordinance, 1839. 
 
 26 
 
 The Baptisms 
 and Burials Regis- 
 tration Ordinance, 
 1843. 
 
 32
 
 TABLE OF ORDINANCES, ETC. 
 
 XV 
 
 Year and 
 Number. 
 
 1843. 
 
 No. 2. 
 
 1844. 
 
 No. 1. 
 
 1846. 
 
 No. 1. 
 
 No. 2. 
 
 No. 3. 
 
 1847. 
 
 No. 2. 
 
 1849. 
 
 No. 1. 
 
 1850. 
 
 No. 1. 
 
 No. 2. 
 
 1851. 
 
 No. 1. 
 
 No. 2. 
 
 Title and Date. 
 
 Short Title. 
 
 An Ordinance for reducing the Costs of levying 
 Execution in the Recovery of Colonial and Town Taxes 
 not exceeding One Hundred Dollars in Amount. 
 
 [25th March, 1843.] 
 
 An Order-in-Council granting Power to the Governor 
 and Court of Policy to legislate with reference to the 
 Courts of Civil and Criminal Justice and other matters. 
 
 [3rd April, 1843. J 
 
 An Order-in-Council granting Power to certain Local 
 Legislatures to revoke, alter, and amend Orders relating 
 to the relative Eights and Duties of Masters and 
 Servants and to other matters respectively. 
 
 [10th June, 1843.] 
 
 An Ordinance to vest in Her Majesty a certain Lot of 
 Land now included in the Lunatic Asylum. 
 
 ' [4th May, 1844.] 
 
 An Ordinance to regulate the Constitution of Joint 
 Stock Companies for carrying on Undertakings of a 
 public nature, and to authorize the Taking of Lands for 
 such purposes. [15th July, 1846.] 
 
 An Ordinance to incorporate a Company to he called 
 " The Demerara Railway Company," and to authorize 
 the said Company to make and maintain a Railway in 
 the Colony of British Guiana, from the City of George- 
 town, the Capital of the said Colony, to Mahaica, with 
 Extensions and Branches, and for other purposes. 
 
 [18th July, 1846.] 
 
 An Ordinance to amend the Laws respecting 
 Defamatory Words and Libel. [2nd January, 1846.] 
 
 An Ordinance to explain and regulate the Duties, 
 Powers, and Authority of the Chief Justice of British 
 Guiana in certain Civil Matters. [28th August, 1847.] 
 
 An Ordinance to alter, amend, and enlarge some of 
 the provisions of the Ordinances relating to the 
 Demerara Railway Company. [13th January, 1849.] 
 
 An Ordinance to provide Regulations for the Making 
 and Sale of Bread and for preventing the Adulteration 
 of Meal, Flour and Bread. [Ist August, 1850.] 
 
 An Ordinance to protect Justices of the Peace and 
 other Persons from Vexatious Actions for Acts done by 
 them in Execution of their Office. 
 
 [1st February, 1851.] 
 
 An Ordinance for partitioning Plantation New Orange 
 Xassau, a part of which forms the Village of Buxton, 
 among the Joint Proprietors thereof, and for partition- 
 ing other Lands and Villages similarly circumstanced. 
 
 [19th February, 1851.] 
 
 An Ordinance for establishing Uniformity of Weights 
 and Measures in this Colony. [Ist January, 1851.] 
 
 The Companies' 
 Clauses and Pow- 
 ers Consolidation 
 Ordinance, 1846. 
 
 The Demerara 
 Railway Com- 
 pany's Ordinance, 
 1846. 
 
 The Slander and 
 Libel Ordinance, 
 1846. 
 
 The Demerara 
 Railway Com- 
 pany's Ordinance, 
 1849. 
 
 The Bread 
 
 (Making and Sale) 
 Ordinance, 1850. 
 
 The Justices 
 Protection Ordin- 
 ance, 1850. 
 
 The Village 
 Lands (Partition) 
 Ordinance, 1851. 
 
 The Weights 
 and Measures 
 
 Ordinance, 1851. 
 
 Page. 
 
 36 
 
 37 
 
 39 
 
 40 
 
 40 
 
 144 
 
 196 
 
 197 
 
 198 
 
 202 
 
 206 
 
 210 
 
 215
 
 XVI 
 
 THE LA WS OF BRITISH GUIANA . 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1851. 
 
 No. 3. 
 
 1852. 
 
 No. 1. 
 
 No. 2. 
 
 1853. 
 
 No. 1. 
 
 1854. 
 
 No. 1. 
 
 No. 2. 
 
 1855. 
 
 No. 1. 
 
 No. 3. 
 
 No. 4. 
 
 1856. 
 
 No. 1. 
 
 1857. 
 
 No. 2. 
 
 1858. 
 
 No. 1. 
 
 No. 2. 
 
 1859. 
 
 No. 1 
 
 An Ordinance to authorize the Importation into this 
 Colony of Books, being Foreign Reprints of Books first 
 composed, written, printed, or published in the United 
 Kingdom of Great Britain and Ireland, and in which 
 there is copyright. [17th December, 1851.] 
 
 An Ordinance to provide for the Establishment of 
 Industrial and Reformatory Schools and for the Care 
 and Education of Destitute and Vagrant Children. 
 
 [6th March, 1852.] 
 
 An Ordinance for converting into Stock the existing 
 Shares in the Demerara Railway Company, and for 
 empowering the said Company to raise Money. 
 
 [18th September, 1852.] 
 
 An Ordinance for regulating the Rights, Duties, and 
 Relations of Employers and Servants. 
 
 [22nd January, 1853.] 
 
 An Ordinance to make provision for the Apprentice- 
 ship of Children. [18tb January, 1854.] 
 
 An Ordinance to authorize a certain Deviation to be 
 made in the Line of Railway from Belfield to Mahaica. 
 
 [21st Januaiy, 1854.] 
 
 An Ordinance to provide for the Management of the 
 Ferry across the River Berbice. [28th February, 1855.] 
 
 An Ordinance to make provision with respect to the 
 Dii-ection and Management of the affairs of the 
 Demerara Railway Company, and the Place where the 
 said Dii'ection and Management are to be carried on. 
 
 [24th November, 1855.] 
 
 An Ordinance for regulating the Harbour of George- 
 town in the County of Demerara. [17th October, 1855.] 
 
 An Ordinance t« alter and amend the Laws relating 
 to the Prescription of certain Actions and Claims. 
 
 [24th September, 1856.] 
 
 An Ordinance for establishing Dispensaries and pro- 
 viding Medical Attendance in this Colony. 
 
 [22nd July, 1857.] 
 
 An Ordinance to repeal the Laws relating to Usury. 
 
 [6th Januaiy, 1858.] 
 
 An Ordinance for transferring to Her Majesty's 
 Principal Secretary of State for the War Department 
 certain Powers and Estates in this Colony. 
 
 [18th December, 1858.] 
 
 An Ordinance to regulate Appointments to Public 
 Offices in this Colony. [24th August, 1859.] 
 
 The Books (For- 
 eign Reprints) 
 Importation Or- 
 dinance, 1851. 
 
 The Industrial 
 and Reformatory 
 'Schools Ordin- 
 ance, 1852. 
 
 The Demerara 
 Railway Com- 
 pany's Ordinance, 
 1852. 
 
 The Employers 
 and Servants Or- 
 dinance, 1853. 
 
 TheApprentices 
 Ordinance, 1854. 
 
 The Demerara 
 Railway Com- 
 pany's Ordinance, 
 1854. 
 
 The Berbice 
 Ferry Ordinance, 
 1855. 
 
 The Demerara 
 Railway Com- 
 pany's Ordinance, 
 1855. 
 
 The George- 
 town Harbour 
 Regulation Ordin- 
 ance, 1855. 
 
 The Prescrip- 
 tion Ordinance, 
 1856. 
 
 The Dispen- 
 saries Ordinance, 
 1857. 
 
 The Usury (Re- 
 peal of Laws) Or- 
 dinance, 1858. 
 
 The War De- 
 partment (Vesting 
 of Lands) Ordin- 
 ance, 1858. 
 
 The Public 
 
 Offices (Appoint- 
 ments) Ordinance, 
 1869. 
 
 222 
 
 225 
 
 245 
 
 248 
 
 253 
 
 265 
 
 267 
 
 269 
 
 270 
 
 277 
 
 279 
 
 280 
 
 280 
 
 281
 
 TABLE OF ORDINANCES, ETC. 
 
 xvu 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1859. 
 
 No. 2. 
 
 1861. 
 
 No. 2. 
 
 No. 3. 
 
 No. 4. 
 
 No. 5. 
 
 1862. 
 
 No. 1. 
 
 No. 2. 
 
 No. 4. 
 
 1863. 
 
 No. 1. 
 
 1864. 
 
 No. 1. 
 
 No. 4. 
 
 No. 6. 
 
 No. 
 
 An Ordinance to vest in Her Majesty certain Parcels 
 of Land in that part of Georgetown called North 
 Ciuningsburg, East Ward, for the Establishment of a 
 Public Lunatic Asylum. [28th September, 1859.] 
 
 An Ordinance to consolidate and amend the Laws 
 relating to Licences other than for the Sale of 
 Spii-ituous Liquors. [17th July, 1861.] 
 
 An Ordinance for better enforcing Discipline among 
 the Clergy of the Church of England in this Colony. 
 
 [28th August, 1861.] 
 
 An Ordinance to punish Breaches of Trust by Traders. 
 
 [28th August, 1861.] 
 
 An Ordinance to enable the Demerara Eailway 
 Company to raise One Hundred and Fifteen Thousand 
 Pounds by the creation of Perpetual Preference Stock. 
 
 [26th March, 1862.] 
 
 An Ordinance to enable Commissioners of Inquiry to 
 summon Witnesses and to examine them upon Oath. 
 
 [2nd April, 1862.] 
 
 An Ordinance to vest in Her Majesty certain Parcels 
 of liand in the Town of New Amsterdam for the 
 Establishment of a Public Hospital. [3rd May, 1862.] 
 
 An Ordinance to vest in Her Majesty a certain Piece 
 of Land at Suddie, in the County of Essequebo, for the 
 Establishment of a Court-House! [4th October, 1862.] 
 
 An Ordinance for vesting all Lands, Buildings, and 
 Property in this Colony occupied by or for the Naval 
 Service of the United Kingdom of Great Britain and 
 Ireland in the Lord High Admiral, or the Commissioners 
 for executing the Office of Lord High Admiral, of the 
 said United Kingdom for the time being. 
 
 [7th March, 1863.] 
 
 An Ordinance for the Punishment of Unlicensed 
 Persons acting as Agents for the Collection and Kemoval 
 of Emigrants from this Colony. [2nd March, 1864.] 
 
 An Ordinance to make better provision for the Con- 
 veyance of Passengers between this Colony and the 
 neighbouring Colonies and Places. [13th July, 1864.] 
 
 An Ordinance to introduce into this Colony the Law 
 of England with regard to Merchant Shipping and 
 matters connected therewith. [2nd January, 1865.] 
 
 An Ordinance to consolidate the Loans authorized to be 
 raised for Immigration Purposes. [2nd January, 1865.] 
 
 The Miscella- 
 neous Licences 
 Ordinance, 1861. 
 
 The Church of 
 England Clergy 
 Discipline Ordi- 
 nance, 1861. 
 
 The Traders 
 (Breaches of Trust) 
 Ordinance, 1861. 
 
 The Demerara 
 Eailway Company 
 (Preference Stock) 
 Ordinance, 1861. 
 
 The C o m - 
 missioners (Ex- 
 amination of Wit- 
 nesses) Ordinance, 
 1862. 
 
 The Admiralty 
 (Vesting of Lands) 
 Ordinance, 1863. 
 
 The Emigration 
 Eegulation Ordin- 
 ance, 1864. 
 
 The Passengers 
 Ordinance, 1864. 
 
 The Law of Mer- 
 chant Shipping 
 Ordinance, 1864.' 
 
 The Consoli- 
 dated Immigration 
 Loan Ordinance, 
 1864. 
 
 282 
 
 283 
 
 292 
 
 300 
 
 303 
 
 304 
 
 306 
 
 306 
 
 307 
 
 310 
 
 311 
 
 313 
 
 314 
 
 VOL. I. 
 
 V
 
 XVIU 
 
 THE LA WS OF BRITISH GUIANA 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1865. 
 
 No. 1. 
 
 1866. 
 
 No. 1. 
 
 No. 2. 
 
 1868. 
 
 No. 1. 
 
 No. 2. 
 
 No. 3. 
 
 No. 4. 
 
 No, 5. 
 
 No. 7. 
 
 No. 8. 
 
 No. 9. 
 
 No. 32. 
 
 1869. 
 
 No. 1. 
 
 No. 2. 
 
 An Ordinance to amend the Law relating to Penal 
 Servitude. [27th May, 1865.] 
 
 An Ordinance to amend the Law relating to Pounds. 
 
 [1st July, 1866.] 
 
 An Ordinance to re-enact, with certain Amendments, 
 the provisions uf Ordinance No. 21 of the Year 1853, 
 entitled " An Ordinance for incorporating the Royal 
 Agricultural and Commercial Society of British 
 Guiana." [24th Novemher, 1866.] 
 
 An Ordinance to make provision for the Registration 
 of Births and Deaths [Ist October, 1868. 
 
 An Ordinance to grant to the Reverend Alexander 
 Ferguson a pension of Three Hundred and Thirty-six 
 Dollars per annum. [23ri May, 1868.] 
 
 An Ordinance respecting the Colony House at New 
 Amsterdam and the Court-House at Suddie. 
 
 [13th June, 1868.] 
 
 An Ordinance to provide for t\ e Establishment and 
 Administration of a Revenue Defence Fund. 
 
 [1st July, 1868.] 
 
 An Ordinance for the Incorporation of the Curates 
 and Wardens of District Chapels. [18th July, 1868.] 
 
 An Ordinance with regard to Trading Companies 
 incorporated under the Law of England, and for con- 
 firming the Title of the Colonial Company, Limited, to 
 Lands'in this Colony. [29th July, 1868.] 
 
 An Ordinance to consolidate the Laws relating to 
 Licences for the Sale of Wines, Malt Liquors, and 
 Spirituous Liquors. [1st January, 1869.] 
 
 An Ordinance to make certain provisions relating to 
 the Sale of the Liquor known bj' the name of Cocoanut 
 Rum, or Cocoanut Toddy. [1st January, 1869.] 
 
 An Ordinance to provide for the raising and repay- 
 ment of a loan for the purpose of widening and deepen- 
 ing the Lamaha Canal. [2nd January, 1869.] 
 
 An Ordinance for raising a Loan for the Construction 
 of Public Woiks. [28th July, 1869.] 
 
 An Ordinance to prohibit the Importation into this 
 Tolony of Ciattle suffering from Contagious or Infectious 
 Disease. [20th November, 1869.] 
 
 The Penal Ser- 
 vitude Ordinance, 
 1865. 
 
 The Pounds Or- 
 dinance, 1866. 
 
 The Royal 
 
 Agricultural and 
 Commercial So- 
 ciety's Ordinance, 
 1866. 
 
 The Registra- 
 tion of Births and 
 Deaths Ordinance, 
 1868. 
 
 The Revenue 
 Defence Fund Or- 
 dinance, 1868. 
 
 The District 
 ChapelsOrdinance, 
 
 1868. 
 
 The English 
 Companies (Hold- 
 ing of Lands) Oi- 
 dinance, 1868. 
 
 The Wine, etc.. 
 Licences Ordin- 
 ance, 1868. 
 
 The Cocoanut 
 Rum Ordinance, 
 1868. 
 
 The Public 
 
 Works Loan Or- 
 dinance, 1869. 
 
 The Contagious 
 Diseases (Animals) 
 Ordinance, 1869. 
 
 319 
 
 324 
 
 328 
 
 341 
 
 361 
 
 362 
 
 363 
 
 364 
 
 368 
 
 370 
 
 399 
 
 400 
 
 404 
 
 407
 
 TABLE OF ORDINANCES, ETC 
 
 XIX 
 
 Year and 
 Niunber. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1869. 
 
 No. 3. 
 
 1870. 
 
 No. 1. 
 
 No. 2. 
 
 No. 4. 
 
 1871. 
 
 No. 1. 
 
 1872. 
 
 No. 1. 
 
 No. 2. 
 No. 3. 
 
 No. 4. 
 
 1873. 
 
 No. 1. 
 
 No. 2. 
 
 No. 3. 
 
 1874. 
 
 No. 1. 
 
 1875. 
 
 No. 1. 
 
 An Ordinance to enable the International Ocean 
 Telegraph Company to land, construct, and maintain 
 Telegraphs in this Colony. [8th January, 1870.] 
 
 An Ordinance to prohibit the Refuse Matter from 
 Distilleries on Plantations from being allowed to flow 
 into the open Trenches, and for other purposes. 
 
 [1st October, 1870.] 
 
 An Ordinance to transfer to the "West India and 
 Panama Telegraph Company, Limited, the Rights and 
 Privileges heretofore granted to the International Ocean 
 Telegraph Company. [16th April, 1870.] 
 
 An Ordinance to amend and make uniform the Pro- 
 missory Oaths required to be taken as a Qualification 
 for the Exercise and Enjoyment of Ofiices and other 
 Civil Rights in this Colony. [20th July, 1870.] 
 
 An Ordinance to provide for the Levying of certain 
 Ad Valorem Duties during the Existence of a Civil List 
 Establishment in this Colony. [13th September, 1871.] 
 
 An Ordinance to provide for the Safe Keeping of 
 Petroleum and other Dangerous Goods. 
 
 [13th July, 1872.] 
 
 An Ordinance to vest in Trustees certain Moneys 
 voted for the See of Guiana. [7th August, 1872.] 
 
 An Ordinance for the Better Government of the 
 British Guiana Branch of the Established Church of 
 Scotland. [12th October, 1872.] 
 
 An Ordinance to establish 
 Spread of Hydrophobia. 
 
 Precautions against the 
 [15th November, 1872.] 
 
 An Ordinance to incorporate the Diocesan Synod of 
 Guiana, and to provide for the Election of a Bishop for 
 the Diocese. [3rd December, 1873.] 
 
 An Ordinance to make provision for granting Pensions 
 to Widows and Children of Deceased Public Officers of 
 this Colony. [7th June, 1873.] 
 
 An Ordinance to make provision with respect to the 
 Commissaiy Department. [1st July, 1873.] 
 
 An Ordinance to provide for the Better Maintenance 
 of the Tapacooma Lake and the Works connected 
 therewith. [11th July, 1874.] 
 
 An Ordinance to make provision for Public Holidays, 
 and respecting Obligations to make payments and do other 
 Acts on such Public Holidays. [27th March, 1875.] 
 
 The Interna- 
 tional Ocean Tele- 
 graph Company's 
 Ordinance, 1869. 
 
 The Lees Ordin- 
 ance, 1870. 
 
 The West India 
 and Panama Tele- 
 graph Company, 
 Limited, Ordin- 
 ance, 1870. 
 
 The Promissory 
 Oaths Ordinance, 
 1870. 
 
 The Petroleum 
 Ordinance, 1872. 
 
 The Church of 
 Scotland Govern- 
 ment Ordinance, 
 1872. 
 
 The Hydropho- 
 bia Prevention 
 Ordinance, 1872. 
 
 The Diocesan 
 Synod Ordinance, 
 1873. 
 
 The Public Offi- 
 cers (Widows and 
 Orphans' Fund) 
 Ordinance, 1873. 
 
 The Commissary 
 Department Or- 
 dinance, 1873. 
 
 The Tapacooma 
 Lake Ordinance, 
 1874. 
 
 The Public 
 
 Holidays Ordin- 
 ance, 1875. 
 
 408 
 
 424 
 
 426 
 
 427 
 429 
 
 430 
 
 433 
 434 
 
 442 
 442 
 451 
 
 459 
 460 
 
 465
 
 XX 
 
 THE LA WS OF BRITISH GUIANA : 
 
 Year and 
 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 1875. 
 
 No. 2. 
 
 No. 3. 
 
 No. 4. 
 
 1876. 
 
 No. 1. 
 
 2. 
 
 No. 3. 
 
 No. 4. 
 
 1877. 
 
 No. 1. 
 
 No. 2. 
 
 No. 3. 
 
 No. 4. 
 
 No. 6. 
 
 1878. 
 
 No. 1. 
 
 An Ordinance for the purpose of enabling Fresh 
 Water to be conveyed to New Amsterdam through pipes 
 placed along the Public Koad, and for other purposes. 
 
 [15th May, 1875.] 
 
 An Ordinance to provide for the Payment of Pensions 
 and Retiring Allowances to the Public Servants of the 
 Colony. [24th March, 1876.] 
 
 An Ordinance to make compulsory the Practice of 
 Vaccination. [1st November, 1881.] 
 
 An Ordinance to declare that Tender of Payment in 
 Spanish, Mexican, or Columbian Silver Coins called 
 " Dollars " shall cease to be a Lawful Tender. 
 
 [1st August, 1876.] 
 
 An Ordinance for the Improvement of the City of 
 Georgetown, and to vest Plantation Vlisscngen in 
 Commissioners. [1st January, 1877.] 
 
 An Ordinance to enforce Elementary Education. 
 
 [3rd February, 1877.] 
 
 An Ordinance to vest in the Colony the Property now 
 held by Queen's College Grammar School and the 
 Property now vested in the Lord Bishop of British 
 Guiana known as " Bishop's College." 
 
 [3rd February, 1877.] 
 
 An Ordinance to improve the Breed of Horses. 
 
 [28th July, 1877.] 
 
 An Ordinance to establish and regulate an Institution 
 for the Training of Teachers for Primary Schools. 
 
 [7th November, 1877.] 
 
 An Ordinance for the Prevention of Cattle Stealing. 
 
 [10th November, 1877.] 
 
 An Ordinance for consolidating in one Ordinance 
 certain Provisions usually inserted in Ordinances relat- 
 ing to the Constitution and Management of Companies 
 incorporated for carrying on Undertakings of a public 
 nature. [5th January, 1878.] 
 
 An Ordinance for the Protection of certain Wild 
 Birds. [9th February, 1878.] 
 
 An Ordinance to transfer to the West India and 
 Panama Telegraph Company, Limited, incorporated on 
 the 9th day of January, 1877, the Rights and Privi- 
 leges heretofore granted to the West India and Panama 
 Telegraph Company, Limited, incorporated on the 30th 
 day of July, 1869. " [18th September, 1878.] 
 
 The New Am- 
 sterdam Water- 
 way Ordinance, 
 1875. 
 
 The Public Offi- 
 cers (Pensions) 
 Ordinance, 1875. 
 
 The Vaccination 
 Ordinance, 1875. 
 
 The Spanish, 
 etc., Silver Dollars 
 Demonetization 
 Ordinance, 1876. 
 
 The George- 
 town Improve- 
 ment ( Vlissengen) 
 Ordinance, 1876. 
 
 The Element- 
 ary Education Or- 
 dinance, 1876. 
 
 The Horses (Im- 
 provement of 
 Breed) Ordinance, 
 1877. 
 
 The Training 
 Institution Ordin- 
 ance, 1877. 
 
 The Cattle 
 
 Stealing Preven- 
 tion Ordinance, 
 1877. 
 
 The Compan- 
 ies' Clauses and 
 Powers Consolida- 
 tion Ordinance, 
 1877. 
 
 The Wild Birds 
 Protection Ordin- 
 ance, 1877. 
 
 The West India 
 and Panama Tele- 
 graph Company, 
 Limited (Transfer 
 of Rights) Ordin- 
 ance, 1878.
 
 TABLE OF ORDINANCES, ETC. 
 
 XXI 
 
 Year and 
 Number. 
 
 Title and Date. 
 
 Short Title. 
 
 Page. 
 
 1878. 
 
 No. 2. 
 
 No. 3. 
 
 1879. 
 
 No. 1. 
 
 No. 2. 
 
 1880. 
 
 No. 2. 
 
 No. 3. 
 
 No. 6. 
 
 No. 7. 
 
 1881. 
 
 No. 1. 
 
 1883. 
 
 No. I. 
 
 No. 2. 
 No. 4. 
 
 No. 5. 
 
 An Ordinance to provide for the Establishment and 
 Regulation of a Volunteer Force in British Guiana. 
 
 [5th October, 1878.] 
 
 An Ordinance to consolidate 
 relating to the Public Health. 
 
 and amend the Laws 
 [nth January, 1879.] 
 
 An Ordinance to make provision for the Establish- 
 ment and Regulation of a School for the Instruction 
 and Training of Vagrant Boys and Youthful Male 
 Offenders. [20th September, 1879.] 
 
 An Ordinance for raising a Loan for Public Purposes. 
 
 [4th October, 1879.] 
 
 An Ordinance to facilitate the Removal of Wrecks 
 obstructing Navigation. [9th June, 1880.] 
 
 An Ordinance to make provision for Inquiiy into 
 the Origin of Fires and of Occurrences resulting in 
 Serious Injury. [9th June, 1880.] 
 
 An Ordinance to amalgamate the Registrar's Office 
 of Demerara and Essequebo and the Registrar's Office 
 of Berbice. [28th August, 1880.] 
 
 An Ordinance for enabling the Govemor-in-Council, 
 or Governor and Court of Policy, or any Committee of 
 the said Court, to procure and take Evidence upon 
 Oath. [28th July, 1880.] 
 
 An Ordinance to amend the Georgetown Improve- 
 ment (Vlissengen) Ordinance, 1876. 
 
 [12th November, 1881.] 
 
 An Ordinance to amend the Law relating to Sworn 
 Weighers and Gangers. [24th February, 1883.] 
 
 An Ordinance to secure the Maintenance of the Sea, 
 River, and Outer Dams of Estates. [9th June, 1883.] 
 
 An Ordinance to make provision for Due Investiga- 
 tion into the Causes of Shipping Casualties. 
 
 [5th December, 1883.] 
 
 An Ordinance for enabling the Combined Court, or 
 any Committee of the said Court, or the Committee of 
 Ways and Means to procure and take Evidence upon 
 Oath. [8th December, 1883.] 
 
 The Volunteer 561 
 Ordinance, 1878. 
 
 The Public 668 
 
 Health Ordinance, 
 1878. 
 
 The Onder- 625 
 
 neeming School 
 Ordinance, 1879. 
 
 The Public Loan 634 
 Ordinance, 1879. 
 
 The Wrecks Re- 638 
 moval Ordinance, 
 1880. 
 
 The Fires In- 640 
 quiry Ordinance, 
 1880. 
 
 The Registrar's 642 
 Ordinance, 1880. 
 
 The Court of 653 
 Policy (Evidence) 
 Ordinance, 1880. 
 
 The Georgetown 657 
 Improvement 
 (Vlissengen) Ord- 
 inance, 187 6, 
 Amendment Ord- 
 inance, 1881. 
 
 The Weighers 658 
 and Gangers Ord- 
 inance, 1883. 
 
 The Sea Defence 663 
 Ordinance, 1883. 
 
 The Shipping 670 
 Casualties Inves- 
 tigation Ord- 
 inance, 1883. 
 
 The Combined 674 
 Court (Evidence) 
 Ordinance, 1883.
 
 THE 
 
 LAWS OF BRITISH GUIANA. 
 
 LAWS OF DEMERARA AND ESSEQUEBO. 
 
 General law 
 of the united 
 Colonies of 
 Essequebo and 
 Demerara. 
 
 Extract from the Eegister of the Resolutions of Their a.d. 1774. 
 High Mightinesses the States-General of the United * 
 
 Netherlands. 
 
 [4th October, 1774.] 
 
 IT shall be further enacted, as it is by these presents enacted 
 accordingly, that all the laws of Holland in general, and more 
 particularly all Laws, Statutes, Resolutions, and Ordinances of 
 Their High Mightinesses, or of the Committee of Ten with the 
 approbation of Their High Mightinesses, heretofore transmitted, or 
 hereafter to be transmitted, to the Director General and the Court of 
 Essequebo, or to the Commander and Court of Demerara, shall be the 
 rule of their judgments. 
 
 In matrimonial questions they shall be regulated by the Ordinance 
 decreed by the States of Holland and West Vriesland, on the 1st April, 
 1580 \ and in matters relating to hereditary succession ab intestato by 
 the law of consanguinity termed Aasdoms Verster/recht, as contained 
 in the Decree of the States of Holland and West Vriesland, dated the 
 18th December, 1599. 
 
 In civil causes they shall be regulated by the Manner of Proceeding 
 enacted by the Assembly of Ten; and in everything not especially 
 provided for, they shall have recourse to the written laws. 
 
 An extract of these Resolutions shall be sent to the representative 
 of His Highness, and to the Directors of the West India Company in 
 the Assembly of Ten, with orders to cause the foregoing Regulations 
 and further arrangements to be duly published. 
 
 Law of mai'- 
 riage and 
 succession. 
 
 Procedure in 
 civil causes. 
 
 Publication of 
 Kesolutions. 
 
 For this and tlie next meutioned document see Appendices A, B, and C to Vol, IV.
 
 THE LA WS OF BRITISH GUIANA : [A.D. 1803. 
 {Laws of Demebara and Ussequebo.) 
 
 A. D. 180 3. Publication relating to Alterations in the Names of 
 Plantations. 
 
 [20th July, 1803.] 
 
 WHEREAS we experience that the Proclamation of this Court 
 bearing date the 8th day of May, 1793, ordering among other 
 matters that proper notice shall be given of all alterations in the 
 names of plantations, has for a considerable time past not been complied 
 with, and that, in consequence of such omissions, irregularities have 
 arisen, which fully confirms the necessity of enforcing the Acts 
 established for that purpose : 
 
 We, therefore, have thought fit, by way of amendment to our 
 Publication of the 28th day of April, 1793, and published the 8th 
 day of May following, to enact by these presents that every proprietor 
 or administrator in any of the two Rivers who has, since the 1st day 
 of January, 1796, altered or knows of any alteration from that time ia 
 the names of any plantation or plantations either belonging to him or 
 under his direction, or any person that may have made a division or 
 knows of any division of plantations either belonging to him or under 
 his direction, by which the names of any part of such plantation have 
 been changed, shall, within three months after the publication of these 
 presents, give notice thereof to the Secretary's Ofiice and to the Receiver 
 of the Colony, under which such plantations resort ; and it is likewise 
 enjoined that every person who is desirous to alter the name of any 
 plantation or jJantations belonging to him, or under his direction, shall 
 in future be obliged to give notice thereof to the Secretary's Office and 
 Receiver as aforesaid, before he is permitted to use a new name in any 
 public act or deed. All transgressors in either case will incur a fine of 
 one hundred and fifty guilders. 
 
 Notification 
 to be made of 
 alteration in 
 name of 
 plantation. 
 
 A.D. 1803. 
 
 — ♦ — 
 
 Preservation of 
 laws and 
 usages of the 
 Colony. 
 
 Articles of Capitulation proposed in 1803 by the 
 Governor- General and the Court of Police of the 
 Colonies of Essequebo and Demerara, and the 
 Commanding Officers of the Sea and Land Forces 
 of the Batavian Republic in the said Colony, to 
 their Excellencies the Commanders-in-Chief of His 
 Britannic Majesty's Sea and Land Forces off 
 Demerara, with the Answers to such Articles. 
 
 A' 
 
 RTICLE 1 . The laws and usages of the Colony shall remain in 
 
 force and be respected, the mode of taxation now in use be 
 
 adhered to, and the inhabitants shall enjoy the public exercise of 
 
 their religion in the same manner as before the Capitulation. No 
 
 new establishments shall be introduced without the consent of the 
 
 Court of Police, as the Legislature of the Colony .... 
 
 A nswer — Granted,
 
 A.D. 1803.] ARTICLES OF CAPITULATION. 
 
 ARTICLE 2. The inhabitants, those who are at present in the Rights of 
 
 Colony as well as those who may be abroad, shall be protected in Til^l*^^ ^fj,} 
 
 their persons, and have tlie free enjoyment of their properties, without enjoyment of 
 
 being troubled or molested for any acts whatsoever, other than such as pi'operty. 
 they might commit subsequently to the Capitulation, and in violation 
 of the oath of fidelity, they shall be required to take. 
 
 Ayiswer — Granted. 
 
 ARTICLE 3. Tlie inhabitants shall, on no account whatever, be Limitation of 
 obliged to take up arms against an external enemy ; but their services liiiMity of 
 shall only be required for quelling internal commotions or disturbances, ]jg^^ arms. 
 according to the existing Regulations of the Burghers, and for main- 
 taining the internal tranquillity of the Colony, in conformity to what 
 has always taken place to this day. 
 
 Answer — G-ranted, until, at the conclusion of the war, it shall be 
 determined to what Government these Colonies shall be 
 subjected. 
 
 ARTICLE 12. The Commanders of His Majesty's Forces shall, 
 immediately on the Colony being taken possession of, furnish the 
 Governor-General with a conveyance to transmit to the Batavian 
 Government a copy of the Capitulation, with a statement of the 
 reasons that induced him, as well as the Council of Police and the 
 Commanding Oificers of the Batavian Forces, to surrender the Colony 
 to His Britannic Majesty. 
 
 Answer — Granted ; the vessel which takes our despatches to 
 Europe will take those of the Governor of the Colonies. 
 
 Transmission 
 of intelligence 
 of Capitula- 
 tion. 
 
 ARTICLE 14. Should any difficulties arise in consequence of any Construction 
 dubious expressions occurring in the present Capitulation, the same ^ ttd t'^ 
 shall be explained or construed in the sense most favourable to the 
 Colony or the Batavian garrison. 
 
 Answer — Granted, 
 
 Government House, 18th September, 1803. 
 
 (Signed.) 
 
 A. Meertens, Governor-General of Essequeho and 
 
 Demerara. 
 P. RosMWiNKEL, Major. 
 G. H. Trotz, Commander of Essequeho. 
 D. J. C. Lambert, Captain of Artillery. 
 P. P. Luyken. 
 
 J. Hoffman, First LieiUenant. • 
 Christ, D. Mack, 
 F. Van den Velden. 
 F, Kroll. 
 
 By command of the Court of Police, 
 
 (Signed.) P, F. Tinne, Secretary. 
 (Signed.) William Grinfield, Lieutenant-General . 
 Samuel Hood. 
 
 (Signed.) William Tatum, Military Secretary. 
 H. Tracey, Naval Secretary. 
 VOL. I. 2 
 
 By order,
 
 Time of 
 giving pos- 
 session of Fort 
 William 
 Frederick, etc. 
 
 Time of 
 giving pos- 
 session of the 
 Colonies. 
 
 THE LAWS OF BRITISH GUIANA : [A.D. 1803. 
 (Laws of Demeraba and Essequebo.) 
 
 ADDITIONAL ARTICLES. 
 
 ARTICLE 1 . Possession of Fort William Frederick is to be given 
 to a detachment of British troops, this evening, by seven 
 o'clock ; also, that of the Batavian ship of war, the Hippo- 
 menes, to the British seamen ; and the Hornet, British sloop of war, 
 and the schooner Netley are to be allowed to pass into the harbour 
 of Demerara. 
 
 Answer — Acceded to. 
 
 ARTICLE 2. Possession of the Colonies of Demerara and Es- 
 sequebo to be given to the British by twelve o'clock to-morrow noon. 
 
 Answer — Acceded to. 
 
 (Signed.) G. H. Trotz, Commmider of Essequebo. 
 F. Kroll. 
 
 J. Hoffman, First Lieutenant. 
 P. F. TiNNE, Secretary. 
 R. Paay Herklots, Lieutenant Navy. 
 William Grinfield. 
 Samuel Hood. 
 
 Heureux, 19th September, 1803. 
 
 D. 1830. An Ordinance declaring the Provisions of an Act of 
 
 * the Parhament of Great Britain and Ireland, 10th 
 
 Geo. IV., cap. 7, entitled " An Act for the Relief 
 
 of His Majesty's Roman Catholic Subjects, extended 
 
 to this Colony." 
 
 [30th January, 1830.] 
 
 Extension to 
 tlie United 
 Colony of Act 
 10 Geo. IV. 
 c. 7. 
 
 WHEREAS it has become necessary to declare that the provisions 
 of the before-recited Act of the Parliament of Great Britain 
 and Ireland are extended to and in force in this United 
 Colony : — 
 
 Be it therefore declared that the aforesaid Act of the Parliament of 
 Great Britain and Ireland, 10th Geo. IV., cap. 7, entitled "An Act 
 for the Relief of His Majesty's Roman Catholic Subjects," extends to 
 and is in force in this United Colony of Demerara and Essequebo, so 
 far as the same is applicable to the situation of the said Colony.
 
 A.D. 1800.] EASTERN BOUNDARY OF BERBICE. 
 
 LAWS OF BERBICE. 
 
 An Act relating to the Boundaries between Berbice a.d. isoo. 
 and Surinam. * 
 
 [7th February, 1800.J 
 
 Gouverneur en Raden des 
 Hofs van Regering der 
 Kolonie de Berbice Ri- 
 vieren en Districten van 
 dien, &c., &c., &c. 
 
 Al degenen, die deze zullen zen of 
 hooreu lezen, Salut ! 
 
 DOEN wij met het allergrootste 
 genoegen te wetea : dat wij 
 bij eene nieuwelings gehou- 
 dene briefwisseling en te Zamen- 
 komst van de Heeren Gouverneurs 
 dezer Colonie en van Suriname, 
 gehandeld zijnde wegens het tot 
 een einde brengen der verschillen, 
 nopens de ware grondscheiding 
 tusschen de beide volkplantingen, 
 door hunne Excellentien beiden 
 gelijk gerekend was, ingezien, de 
 staatkundige gelegendeid dezer 
 Kolonie zoodanig te wezen, in het 
 gemeene belang te vereischen, dat 
 de aanmoediging tot aanbouw van 
 de thans woest en onbewerkt 
 liggende Landen door alle moge- 
 hjke middelen, en wel hoofdza- 
 kelijk door de bestierders derzelve 
 dien bosterkt te worden. En 
 ofschoon de bepaling der Land- 
 scheiding van dien aard en belang 
 is, dat dezelve niet dan door den 
 Landheer kan gedaan worden, 
 door Gouverneur Erederici was 
 vermeend geene van s'Landheer's 
 Regten te verkorten, door op dit 
 stuk eenige Schikkingen voor te 
 stellen, waardoor al de gewenschte 
 einden konden bereikt worden, 
 zonder te beletten de eindelijke 
 bepalingen, welke omtrent de 
 grensscheiding,door den Souverein 
 of Souvereinen in der tijd, bij het 
 vaststellen van het toekomstig lot 
 der Kolonien zullen oorbaar geacht 
 
 VOL. I. 
 
 The Governor and Coun- 
 cillors of the Court of 
 Government of the 
 Colony of Berbice, 
 Rivers and Districts of 
 the same, &c., &c. &c. 
 
 To all who may see or hear these 
 Presents read, greeting ! 
 
 WITH great pleasure we make 
 known : That we having, 
 by a recent correspon- 
 dence and meeting of Their 
 Excellencies the Governors of this 
 Colony and of the Colony of 
 Surinam, discussed the adjustment 
 of the differences with respect to 
 the correct boundary between the 
 two Colonies, and both Their 
 Excellencies, as was anticipated, 
 have considered the political 
 position of this Colony to be such 
 as for the common interest to 
 require that, by every possible 
 means and chiefly by the Governor, 
 encouragement be held out that 
 the lands at present lying desolate 
 and waste be duly cultivated ; 
 and although the defining of the 
 boundary be of that nature and 
 importance that it cannot be 
 done but by the lord of the 
 land himself, it is the opinion 
 of Governor Frederici that the 
 suggestion of any arrangement 
 tending to the attainment of this 
 desirable object would not be 
 prejudicial to either the rights of 
 the lord of the land, nor to what- 
 soever decision with respect to 
 the boundary the sovereign or 
 sovereigns for the time being, at 
 a settlement of the future destiny 
 of these Colonies, ultimately may 
 deem expedient. And in this 
 opinion Governor van Imbyze 
 
 2a
 
 THE LAWS OF BRITISH GUIANA. 
 {Laws of Berbice.) 
 
 [A.D. 1800. 
 
 Declaration 
 that west sea 
 coast and 
 west bank of 
 the River 
 CorentjTie 
 belong to 
 Berhice. 
 
 Provisions as 
 to rights of 
 inhabitants of 
 District, etc. 
 
 van Batenburg fully concurring. 
 Their Excellencies consequently 
 have determined as follows : — 
 
 That the west sea coast of 
 the River Corentyne, up to the 
 Devil's Creek, besides the west 
 bank of the said River, hitherto 
 considered belonging to the Go- 
 vernment of the Colony of Suri- 
 nam, be declared and acknow- 
 ledged henceforth to belong to 
 the Government of the Colony of 
 Berbice. 
 
 That consequently all who may 
 have settled on the lands already 
 granted, or who hereafter may do 
 so, shall, so far as regards their 
 property, in every res|!ect be con- 
 sidered inhabitants of the said 
 Colony of Berbice, on the follow- 
 ing terms : — 
 
 (3.) That none of the Islands 
 situate in the River Coren- 
 tyne shall be included in 
 this provisional cession, but 
 always be acknowledged to 
 belong to the Government of 
 the Colony of Surinam ; and 
 
 (4.) That also the Post estab- 
 lished on the west bank of the 
 River Corentyne shall remain 
 in the possession and under 
 command of the Government 
 just mentioned. 
 
 A.ndi that no ignorance hereof 
 may be pretended, these Presents 
 shall, in the customary manner, 
 be proclaimed, printed, and pub- 
 lished in the Dutch and English 
 languages, and be sent from place 
 to place throughout the Colony. 
 
 Thus done and enacted at our 
 Ordinary Assembly, held at the 
 Court House, in the Chief Place, 
 New Amsterdam, in Berbice, this 
 20th day of January, 1800. 
 
 worden, welke Schikkingen door 
 Gouverneur van Imbyze van 
 Batenburg uithetzelfde oogpunt 
 zijn beschouwd, en mitsdien tus- 
 schen hunne Excellentien het 
 volgende beeaamd : — 
 
 Dat de Westzeekust van de Ri- 
 vier Corentin tot aan de Duivels- 
 kreek, welke tot nu toe is aange- 
 merkt onder het Gouvernement 
 van Suriname te behooren, bene- 
 vens de Westoever dier Rivier 
 worden gesteld en erkend te 
 behooren onder het bestier van de 
 Regering der Kolonie Berbice. 
 
 Dat dienvolgende al degenen, 
 welke zich in de reeds begevene 
 Landen hebben gevestigd of zulks 
 in het vervolg zullen doen, voor 
 zoo verre hunne bezittingen be- 
 treft, in alle opzigten zullen 
 aangemerkt worden als Inwoners 
 der gemelde Kolonie (Berbice) 
 nogtans onder de volgende voor- 
 waarden : — 
 
 • ••••• 
 
 (3.) Dat geen der Eilanden in 
 de Rivier Corentin gelegen, 
 onder dezen Provision eelen 
 afstand zullen begreepen we- 
 zen, maar altijd aangemerkt 
 worden te behooren onder het 
 Gouvernement der Colonie 
 Suriname. 
 
 (4.) Dat ook de Post gevestigd 
 op den Westover van de 
 Rivier Corentin mede zal 
 blijven in het bezit en onder 
 de bevelen, van het zoo even- 
 gemelde Gouvernement. 
 
 En op dat niemand hiervan 
 eenige onwetenheid voorwende, 
 zal deze als gewoonlijk, afgekon- 
 digad, in het Nederduitch en En- 
 gelsch gedrukt en aangeplakt, en 
 door de Kolonie, van plaats tot 
 plaats verzonden worden. Aldus 
 vastgested en besloten in onze 
 gewone vergadering, gehouden 
 ten Raadhuize in de Hoofdplaats 
 Nieuw Amsterdam te Berbice op 
 den 20«" January, 1800.
 
 A.D. 1803.] ARTICLES OF CAPITULATION. 
 
 A Proclaimation by the Provisional Cxovernment and a. d. iso s. 
 other Members of the Court of Pohcy and Criminal 
 Justice in the Colony of Berbice relating to the 
 Capitulation of the Colony. 
 
 [27th September, 1803.] 
 
 WHEREAS the Provisional Government (private intelligence 
 having been received Thursday evening of the surrender of 
 Essequebo and Demerara by capitulation to the English on 
 Monday), in an Extraoi'dinary Assembly of all the Councillors, to 
 which were also convened Lieutenant-Colonel Carl Matthias, Com- 
 mandant of the Troops, Lieutenant G. F. Hindt, of the Navy, 
 Commander of the Republican schooner Serjjent, Captain R. 
 Stuyvelaar, of the Artillery, and Captain J. R. Claessens, of the 
 Rangers, held Friday, the 23rd instant, p.m., have laid upon the 
 table a letter delivered that morning, at 12 o'clock, by Brigade-Major 
 Armstrong, of the British Land Forces, and Lieutenant Pardo, of the 
 British Navy, who had arrived here with a flag of truce, the contents 
 of which letter are as follows : — 
 
 By Captain Loptus Otway Bland, Commander of His Britannic 
 Majesty s Sliips, &c., dec, d'C, aiid Lieutenant-Colonel Robert 
 Nicholson, Commander of His Britannic Majesty's Land 
 Forces, d:c., cfcc, c&c, tinder the orders of Their Excellencies 
 Lientenant-G eneral William Grinfield and Commodore 
 Samuel Hood, Commanders-in-Chief of His Majesty's Land 
 and Sea Forces in the Windivard and Leeward Carihbee 
 Islands, <&c., etc., <kc. 
 
 SUMMONS. 
 
 These are requiring you, the Governor and Court of Policy, and the 
 Military and Naval Forces, of the Colony of Berbice and its Depen- 
 dencies, to surrender the said Colony to His Britannic Majesty's 
 Forces, under our command, and to place the same under His Britannic 
 Majesty's Government, in which case the laws and usages of the Colony 
 shall remain in force and be respected, the mode of taxation now in use be 
 adhered to, and the inhabitants shall enjoy the public exercise of their 
 religion in the same manner as heretofore ; no new establishment shall 
 be introduced without the consent of the Court of Policy as the Legis- 
 lature of the Colony. 
 
 The inhabitants, those who are at present in the Colony as well as 
 those who may be abroad, shall be protected in their persons and have 
 the free enjoyment of their properties, without being troubled or 
 molested for any acts whatsoever, other than such as they might 
 commit subsequent to the Capitulation, and in violation of the oath of 
 fidelity they shall be required to take. 
 
 • •■•••■• 
 
 Should these liberal terras, which in fact extend to the inhabitants 
 of this Colony a free participation in the great advantages enjoyed by 
 the subjects of His Britannic Majesty, be refused, the Governor and 
 Court of Pohcy, and all concerned, must be answerable for the con- 
 sequences, as an immediate attack will be made by the Land and Sea 
 Forces, which will render every resistance vain.
 
 8 
 
 THE LA WS OF BRITISH GUIANA. 
 {Laws of Berbice.) 
 
 [A.D. 1803. 
 
 One hour and no more is given to the Governor from the delivery 
 of this by Brigade-Major Armstrong and Lieutenant Pardo to accept 
 or not 
 
 (Signed) Loftus Otway Bland. 
 RoBT. Nicholson, 
 
 L ieutenan t- Colonel. 
 
 On board His Majesty's Ship Heureux, off Berbice, September 23rd, 
 1803. 
 
 To His Excellency the Governor and Court of Policy 
 of the Colony of Berbice, (&c., &c., (Sec. 
 
 The Provisional Government and other members, civil and military, 
 have felt impelled to resolve to surrender the Colony to His Britannic 
 Majesty's Forces on the proffered Capitulation, with some Additional 
 Articles, which they would endeavour to get granted by the British 
 Commanders, as tending to the advantage of this Colony, and all 
 concerned by the same. 
 
 And after the proposals on the part of the Assembly were com- 
 mitted to writing, it was resolved that the same should be delivered 
 to the British Commanders by a Committee composed of J. van den 
 Broek, junior, of the Provisional Government, Councillor Fricke, 
 Fiscal and Secretary Eggers, Captains Stuyvelaar and Claessens, 
 and Lieutenant Gallas, of the Navy, with authorization finally to 
 conclude with the said Commanders ; and the said proposals having 
 received the signatures of the whole Assembly, the Committee 
 departed with the summons-bearers in the flag of truce for the 
 Heureux, man-of-war (whence the summons was dated), at ten o'clock 
 at night. 
 
 And whereas the Committee have returned to the Assembly next 
 morning, at eleven o'clock, and reported the final conclusion of the 
 Capitulation at nine o'clock, laying upon the table the Articles 
 mutually signed, of which the counterpart remained with the British 
 Commanders, the contents of which Articles are as follows : — 
 
 By the Provisional Government and Court of Policy and the 
 Commanders of the Batavian Land and Sea Forces in the 
 Colony of Berbice and its Dependencies. 
 
 ANSWER TO THE SUMMONS. 
 
 By Captain Loftus Otway Bland, Commander of His Britannic 
 Majesty's Ships^ &c., d&c, &c., and Lieutenant-Colonel Robert 
 Nicholson, Com,mander of His Britannic Majesty^ Land 
 Forces, &c., &c., e&c, under the orders of Their Excellencies 
 Lieutenant-General William Grinfield and Commodore 
 Samuel Hood, Commanders-in-Chief of His Britannic 
 Majesty's Land and Sea Forces in the Windward and 
 Leeward Caribbee Islands, (tc, tfcc, <kc. 
 
 Cession of The sovereignty of the Colony, with its forts, posts, artillery, and 
 
 sovereignty ammunition of war, will be surrendered to His Britannic Majesty's 
 of the Colony, purees on the Capitulation offered, with the following additional 
 Articles, vizt, : —
 
 A.D. 1803.] ARTICLES OF CAPITULATION. J 
 
 ARTICLE 1 . The inhabitants shall have the full and immediate Right of 
 enjoyment of all property, whether on shore or afloat ; aVjsent persons *^,"o7Tt^."* *'^ 
 shall, as far as regards their property in the Colony, be considered as 
 inhabitants of Berbice. 
 
 ■ ••••••• 
 
 Answer. — With respect to absent inhabitants and their property, 
 this Colony will be on the same footing as Demerara. 
 
 ARTICLES. Provocations or appeals of sentences and dispositions Ajjpeals from 
 passed in the Colony shall be allowed as usual, and made unto such judicial de- 
 Court of Justice or Judges as shall be agreed upon ; yet with this '^^^'*'"®- 
 proviso, that such Court or Judges shall determine the case appealed 
 of by the now existing Dutch laws in the Colony. 
 
 Answer. — Granted, until decided which Counti-y the Colony 
 belongs to, at the end of the war ; in the meantime all 
 appeals to be made to His Majesty-in-Council. 
 
 ARTICLE 20. The present Government of the Colony and the Transmission 
 Commandant of the Troops shall despatch immediately the Republican ^^ intelligence 
 schooner Serpent, now in this River, to give advice to the Government tion!'^^'^ 
 of the Republic of the present Capitulation. 
 
 Answer. — Cannot be granted, but the same vessel that takes 
 our despatches to Europe will take theirs. The naval 
 officers, non-commissioned officers, and seamen shall not 
 be prisoners of war, but depart with the Servient for the 
 Batavian Re2)ublic, and the necessary passports shall be 
 furnished by the Commander of His Britannic Majesty's 
 Naval Forces. 
 
 ARTICLE 22. Should hereafter any differences arise concerning Construction 
 the true meaning of any of the Articles of the present Capitulation, of Articles of 
 the interpretation of the same shall always be given in favour of the ^^Piti^'itioii- 
 Colonists. 
 
 Answer — Granted. 
 This Answer and Additional Articles will be delivered by Johannes 
 VAN DEN Broek, junior, member of the Provisional Government, 
 J. C. Fricke, member of the Court of Policy, Paul Eggers, Fiscal and 
 Secretary, Roelof Stdyvelaar, Captain of Artillery, J. R. Claessens, 
 Captain of the Rangers, and D. J. Gallas, Lieutenant of the Navy, 
 who are authorized finally to conclude. 
 
 Proposed at the Government House, New Amsterdam, on the 23rd 
 September, 1803. 
 
 Finally concluded on board His Majesty's Ship Heureux, off Berbice, 
 at nine o'clock, a.m., the 24th September, 1803. 
 
 (Signed) J. Van den Broek, Jr., 1803. 
 J. C. Fricke. 
 R. Stuyvelaar, Capt, 
 J. R. Claessens, Capt. 
 D. J. Gallas, Lieutenant. 
 P. Eggers, Secretary. 
 LoFTus Otway Bland. 
 RoBT, Nicholson, Liezit.-Culoriel. 
 John Hocombe, Naval Secy. 
 Geo, Eddington, Mil. Secy.
 
 10 
 
 THE LAWS OF BRITISH GUIANA. 
 [Laws of Berbice.) 
 
 [A.D. 1803. 
 
 Time of 
 giving 
 
 possession of 
 Fort St. 
 Andrew, etc. 
 
 ADDITIONAL ARTICLE. 
 
 Possession of Fort St. Andrew, York and Redoubt and other posts, 
 is to be given to detachments of the British Troops, this day, at 
 10 o'clock, A.M. ; also, that of the Batavian schooner Serpent to the 
 British seamen, and the Netley, British schooner, with other boats, are 
 to be allowed to pass into the harbour of Berbice. 
 Answer — Accorded to. 
 
 On board His Majesty's Ship Hetireux, the 24th September, 1803. 
 
 (Signed) Loftus Otway Bland. 
 
 EoBT. Nicholson, Lieut-Colonel. 
 John Hocombe, Naval Secretary. 
 Geo. Eddington, Military Secretary. 
 
 J. VAN DEN BrOEK, Jk., 1803. 
 
 J. C. Fricke. 
 R. Stuyvelaar, Capt. 
 J. R. Claessens, Capt. 
 T>. J. Gallas, Lieut. 
 P. Eggers, Secretary. 
 
 And whereas it thereby appeared that the Committee have laudably 
 acquitted themselves of the trust to obtain favourable answers, indeed 
 on more of the Articles than by the local circumstances and state of 
 affairs with any appearance of hope could be expected, the Assembly 
 have approved of the conduct of the Committee and ratified the 
 Capitulation, and the Provisional Government sent peremptory orders 
 to Lieutenant Colonel Matthias to behave conformably to the said 
 Capitulation; in consequence, part of the British Forces passed into 
 the River and came at anchor abreast of the Town yesterday afternoon, 
 and have to-day taken possession of the forts and posts and hoisted the 
 British colours in this Colony. 
 
 And these presents are to make known unto the inhabitants the 
 aforesaid occurrences and Capitulation, with serious recommendation 
 to behave themselves conformably thereto, for the common benefit of 
 this Colony, and all interested in the same. 
 
 And these Presents shall be proclaimed, posted up, and sent round 
 as customary. 
 
 Enacted in an Extraordinary Assembly, New Amsterdam, 25th 
 September, 1803. 
 
 J. C. W. Berlin, Vt. 
 By Command, 
 
 P. Eggers, Secretary. 
 
 A. D. 183 0. A Proclamation by His Excellency Lieut. -Governor 
 Beard relating to the Act of Parliament 10 Geo. IV. 
 cap. 7. [7th January, 1830.] 
 
 WHEREAS on the 13th day of April, 1829, and in the tenth year 
 of the reign of His present Majesty, an Act, entitled " An Act 
 for the Relief of His Majesty's Roman Catholic Subjects," 
 was passed by Parliament ;
 
 A.D. 1831.] ESTABLISHMENT OF COLONY. 11 
 
 And whereas I have fceen instructed by His Majesty's Government 
 to publish the said Act, and to declare that the same extends to and 
 is in full force in the Colony of Berliice ; 
 
 The said Act is therefore hereby published as follows and declared Extension to 
 to extend to, and be in full force within, this Colony; of which *1"\^?\"q-^ 
 all persons are required to take notice and govern themselves Geo. IV., 
 accordingly. c- 7. 
 
 [The Act here follows.] 
 
 THE LAWS OF BKITISH GUIANA. 
 
 Letters Patent constituting the Colony of British a. d. ^ iss i. 
 Guiana, and appointing JMajor-General Sir '"Seethe Puhu- 
 Benjainin D'Urban, K.C.B., Governor. following. 
 
 [4th JVIarcli, 1831.] 
 WILLIAM R. 
 
 WILLIAM the Fourth, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland, King, Defender of the 
 Faith, To our trusty and well-beloved Sir Benjamin D'Urban, 
 Knight Commander of the Most Honourable Military Order of the 
 Bath, Major-General of our Forces : Whereas, for divers good causes 
 to us appearing, we have deemed it right that our settlements and 
 factories on the northern coast of the continent of South America, 
 comprising the United Colony of Demerara and Essequebo and the 
 Colony of Berbice, should henceforth be united together, and should 
 constitute one Colony in the manner hereinafter provided : Now 
 know you that we, reposing especial trust and confidence in the 
 prudence, courage, and loyalty of you, the said Sir Benjamin D'Urban, 
 of our special grace, certain knowledge, and mere motion, have 
 thought fit to constitute and appoint, and by these presents do 
 constitute and appoint, you, the said Sir Benjamin D'Urban, to be 
 during our will and pleasure, our Governor and Commander-in-Chief 
 in and over all our settlements on the northern coast of the 
 Continent of South America, comprising all such territories and 
 jurisdictions as have hitherto been comprised in the said United 
 Colony of Demerara and Essequebo and the said Colony of Berbice 
 respectively, with their respective Dependencies, and all forts and 
 garrisons erected and established, or which shall be erected and 
 established, within the same, and which such settlements shall 
 henceforth collectively constitute and be one Colony, and shall be 
 called " The Colony of British Guiana " : And we do hereby 
 require and command you, our said Governor, to do and execute 
 all things in due manner as shall belong to your said command, 
 and the trust we have reposed in you, according to the several 
 powers and directions granted to or appointed you by this present 
 Commission and the instructions herewith given to you, or according 
 to such further powers, instructions, and authorities as shall at any 
 future time be granted to or appointed for you under our Signet 
 and Sign Manual, or by our Order in our Privy Council, or by us 
 through one of our Principal Secretaries of State : And we do further
 
 12 THE LAWS OF BRITISH GUIANA : [A.D. 1831. 
 
 grant, direct, and appoint that the form of civil government hereto- 
 fore by law established in the said United Colony of Demerara 
 and Essequebo shall be and the same is hereby established in and 
 throughout the said Colony of British Guiana, and that all such 
 bodies politic and corporate as have heretofore lawfully existed in 
 the said United Colony of Demerara and Essequebo shall in like 
 manner exist in and throughout the said Colony of British Guiana, 
 and shall in and throughout the said Colony have, exercise, and enjoy 
 all such powers and authorities as have heretofore been lawfully 
 had, exercised, and enjoyed by them respectively in the United Colony 
 of Demerara and Essequebo : Provided, nevertheless, and we do 
 hereby declare our will to be, that the number of the members of 
 certain of the said bodies politic and corporate heretofore existing 
 in "the said United Colony of Demerara and Essequebo shall in the 
 said Colony of British Guiana be augmented and enlarged in such 
 manner as by your said instructions as directed in that behalf : 
 Provided, also, and we do further declare our pleasure to be, that 
 nothing herein contained shall extend, revoke, or abrogate any law, 
 or lawful usage or custom, now in force in the said United Colony 
 of Demerara and Essequebo or in the said Colony of Berbice 
 respectively, save only in so far as relates to the separate constitu- 
 tion and form of civil government heretofore established and in 
 use in the said Colony of Berbice, which said constitution or form 
 of civil government we do hereby abrogate and dissolve, and do 
 declare that the same hath become and shall henceforth be extinct, 
 and merged in the government of the Colony of British Guiana ; 
 Provided, also, and we do further declare our will and pleasure to 
 be, that nothing herein contained extends, or shall be construed to 
 extend, in any wise to alter or interfere with the provisions of a 
 certain Act of Parliament passed in the fifth year of the reign of 
 our late royal brother and predecessor King George the Fourth, 
 intituled " An Act to Consolidate and Amend the Laws for the 
 Abolition of the Slave Trade," or to render legal any transfer or 
 removal of any slave which would have been illegal if these Presents 
 had not been made, it being our pleasure that, for the purposes and 
 within the meaning of the said Act of Parliament, the said United 
 Colony of Demerara and Essequebo and the said Colony of Berbice 
 shall still continue and be distinct and separate Colonies : And we 
 do hereby give and grant to you, the said Sir Benjamin D'Urban, full 
 power and authority, with the advice and consent of the Court of 
 Policy of our said Colony of British Guiana, to make, enact, ordain, 
 and establish laws for the order, peace, and good government of our 
 said Colony, subject, nevertheless, to all such rules and regulations as 
 by your said general instructions we have thought fit to prescribe in 
 that behalf : Provided, nevertheless, and we do hereby reserve to 
 ourselves, our heirs and successors, our and their undoubted right and 
 authoi'ity to disallow any such laws, and to make and establish from 
 time to time, with the advice and consent of Parliament, or with the 
 advice of our or their Privy Council, all such laws as may to us or 
 them appear necessary for the order, peace, and good government of 
 the said Colony as fully as if these presents had not been made : And 
 we do hereby grant to you, th^^ said Sir Benjamin D'Urban, the 
 custody of the Public Seal appointed for the sealing of all things 
 whatsoever that shall pass the Seal of our said Colony : And we do 
 hereby give and grant unto you, the said Sir Benjamin D'Urban,
 
 A.D. 1831.] ESTABLISHMENT OF COLONY. 13 
 
 full power and authority, in our name and in our behalf, but subject 
 nevertheless to such provisions as are in that respect contained in 
 your said general instructions, to make and execute, in our name and 
 under the Public Seal of our said Colony, grants of our waste lands 
 to us belonging within the said Colony, to private persons for their 
 own use and benefit, or to any persons, bodies politic or corporate in 
 trust, for the public uses of our subjects, their resident, or any of 
 them : And we do hereby give and grant unto you full power and 
 authority, as you shall see occasion, in our name and in our behalf, to 
 remit any fines, penalties, or forfeitures which may accrue or become 
 payable to us, so as the same do not exceed the sum of £50 sterling 
 in any one case, and to respite and suspend the payment of any such 
 fine, penalty, or forfeiture exceeding the said sum of £50, until our 
 pleasure therein shall be known and signified to you : And we do 
 hereby give and grant unto you full power and authority, as you 
 shall see occasion, in our name and in our behalf, to grant to any 
 offender convicted of any crime in any Court, or before any Judge, 
 Justice, or Magistrate, within our said Colony, a free and uncon- 
 ditional pardon, or a pardon subject to such conditions as by any 
 law in force in the said Colony may be thereunto annexed, or any 
 respite of the execution of the sentence of any such offender, for such 
 period as to you may seem fit : Provided always that, in cases of treason 
 or murder, no pardon, either absolute or conditional, be granted until 
 the cases shall have been first reported to us by you for our informa- 
 tion, and you shall have received the signification of our pleasure 
 therein : And we do hereby give and grant unto you, the said Sir 
 Benjamin D'Urban, as such Governor as aforesaid, full power and 
 authority, upon sufficient cause to you appearing, to suspend from the 
 exercise of his office within our said Colony any person exercising 
 any such office under or by virtue of any commission or warrant 
 granted or to be granted by us, or in our name and under our 
 authority, which suspension shall continue and have effect only until 
 our pleasure therein shall be signified to you : And we do hereby 
 strictly require and enjoin you, in proceeding to any such suspension, 
 to observe the directions in that behalf given to you in and by our 
 said general instructions accompanying this our Commission : And 
 in case of your death or absence from the said Colony, our will and 
 pleasure is, that this our Commission, and the several powers hereby 
 vested in you, shall be exercised by such person as may by us be 
 appointed to be our Lieutenant-Governor of our said Colony, or by 
 such person as may be appointed by us, under our Signet or Sign 
 Manual, to administer the said government ; but if, at the time of 
 such your death or absence, there shall be no person within our said 
 Colony commissioned to be such Lieutenant-Governor or Administrator 
 of the Government as aforesaid, then our pleasure is, and we do hereby 
 direct, that the senior officer for the time being in the command 
 of our land forces within our said Colony shall take upon himself 
 the administration of the government thereof, and shall execute 
 this our Commission, and the several powers herein and in the afore- 
 said instructions contained ; and if any such officer shall, during his 
 administration of the government, be superseded in the command of 
 our said forces by any senior officer, then our pleasure is that such 
 senior officer shall assume the administration of the said government, 
 and the execution of this our Commission and of the several powers 
 aforesaid, and so from time to time as often as any such case shall
 
 u 
 
 THE LA WS OF BRITISH GUIANA : [A.D. 1831. 
 
 arise : And we do hereby require and command all officers, civil 
 and military, and all other our subjects and persons inhabiting our 
 said Colony of British Guiana, to be obedient, aiding and assisting 
 unto you, or to the officer administering the said government for 
 the time being, in the execution of tliis our Commission, and of 
 the powers and authorities herein contained : And we do further 
 declare our pleasure to be that the changes established in the con- 
 stitution and form of civil government in the said Colonies of Den\e- 
 rara and Essequebo and of Berbice respectively, by this our Commis- 
 sion, shall not take efTect until this our Commission shall actually 
 have been by you received in our said Colonies, or one of them : And 
 we do hereby declare, ordain, and appoint that you, the said Sir 
 Benjamin D' Urban, shall and may hold, execute, and enjoy the office 
 and place of our Governor and Commander-in-Chief in and over 
 the Colony of British Guiana, together with all and singular the 
 powers and authorities hereby granted unto you for and during our 
 will and pleasure. In witness, &c., kc. 
 
 Given at our Court at Brighton, the 4th day of March, 1831, in the 
 first year of our reign. 
 
 By His Majesty's Command, 
 
 GODERICH. 
 
 A.D. 1831. 
 
 Ser. the Com- 
 mission last 
 lircceding. 
 
 Notification 
 of assump- 
 tion l)y Sir B. 
 D' Urban of the 
 Government 
 of British 
 Guiana. 
 
 Publication by the Court of Policy relating to the 
 Assumption by His Excellency Governor Sir 
 Benjamin D'Urban, K.C.B., of the Government of 
 British Guiana. [21st July, 1831.] 
 
 His Excellency Major-General Sir Benjamin D'Urban, Knight 
 Commander of the Most Honoura])le Order of the Bath, of the Royal 
 Guelphic Order, and of the Portuguese Royal Military Order of the 
 Tower and Sword, at an Extraordinary Assembly of this Court, held 
 on the present day, having exhibited to us the Commission granted 
 to him by His Majesty as Governor and Commander-in-Chief in and 
 over British Guiana, comprising the Colonies of Demerara, Essequebo, 
 and Berbice, and their Dependencies, and the said Commission having 
 been read and proclaimed with due solemnity, the Civil Government 
 of British Guiana as aforesaid was thereupon assumed and taken over 
 by His Excellency the Governor aforesaid. 
 
 A.D 
 
 ^31. ^j^T Order of the King-in-Council relating to Appeals 
 '^~ to His Majesty-in-Council. [2()th June, 1831 \'\ 
 
 At the Court of St Jameses. 
 
 Peesent : 
 
 THE KING'S MOST EXCELLENT MAJESTY. 
 
 Lord Chancellor, 
 Lord President, 
 Lord Privy Seal, 
 Duke of Richmond, 
 Earl of Carlisle, 
 Earl Grey, 
 Viscount Goderich, 
 
 Viscount Palmerston, 
 Viscount Althorp, 
 Viscount Melbourne, 
 Lord Holland, 
 Pvt. Hon. Sir J as. Graham, 
 Rt. Hon. Sir C. Grant, 
 Rt. Hon. C. P. Thompson. 
 
 Published in the Colony on the 22nd November, 1831.
 
 A.D. 1831.] APPEALS TO H. M.-IN-COUNCIL. 15 
 
 And it is hereby further ordered that it shall and may be lawful Right of 
 for any person or persons, being a party or parties to any civil suit or ?P^'fr^ •*" 
 action depending in the said Court of Civil and Criminal Justice of Council in 
 Demerara and Essequebo, or in the said Court of Civil Justice of Berbice, ^'vil cases, 
 or in the said Court of Fii'st Instance of Civil Jurisdiction of Trinidad, ""^ i]„,^ta- 
 or in the said Royal Court of St. Lucia, to appeal to His Majesty, tions relating 
 his heirs and successors, in his or their Privy Council, against any final thereto, 
 judgment, decree, or sentence, or against any rule or order made in any 
 such civil suit or action and having the efi'ect of a final or definitive 
 sentence, and which appeals shall be made subject to the rules and 
 limitations following, that is to say,- — • 
 
 First — Such judgment, decree, order, or sentence shall be given or 
 pronounced for or in respect of a sum or matter at issue above the 
 amount or value of five hundred pounds sterling, or shall involve, 
 directly or indirectly, the title to property, or to some civil right, 
 amounting to or of the value of five hundred pounds sterling. 
 
 Secondly — The person or persons feeling aggrieved by such judg- 
 ment, decree, order, or sentence shall, within fourteen days next 
 after the same shall have been pronounced, made, or given, apply 
 to the Court, by petition, for leave to appeal therefrom to His 
 Majesty, his heirs and successors, in his or their Privy Council. 
 
 Thirdly — If such leave to appeal shall be prayed by the party or 
 parties who is or are adjudged to pay any sum of money or to 
 perform any duty, the Court shall direct that the judgment, decree, 
 order, or sentence appealed from shall be carried into execution, if 
 the party or parties respondent shall give security for the imme- 
 diate performance of any judgment or sentence which maybe pro- 
 nounced or made by His Majesty, his heirs and successors, in his 
 or their Privy Council, upon any such appeal ; and until such 
 security be given, the execution of the judgment, decree, order, or 
 sentence appealed from shall be stayed. 
 
 Fourthly — Provided, nevertheless, that, if the party or parties appel- 
 lant shall establish, to the satisfaction of the Court, that real and 
 substantial justice requires that, pending such appeal, execution 
 should be stayed, it shall be lawful for such Court to order the 
 execution of such judgment, decree, order, or sentence to be sus- 
 pended, pending such appeal, if the party or parties appellant shall 
 give security for the immediate performance of any judgment or 
 sentence which maybe pronounced or made by His Majesty, his heirs 
 and successors, in his or their Privy Council upon any such appeal. 
 
 Fifthly — In all cases security shall also be given by the party or 
 parties appellant for the prosecution of the appeal, and for the 
 payment of all such costs as may be awarded by His Majesty, his 
 heirs and successors, to the party or parties respondent. 
 
 Sixthly — The Court from which any such appeal as aforesaid shall 
 be brought shall, subject to the conditions hereinafter mentioned, 
 determine the nature, amount, and sufficiency of the several 
 securities so to be taken as aforesaid. 
 
 Seventhly — Pro^dded, nevertheless, that, in any case where the 
 subject of litigation shall consist of immovable property, or of 
 any stock, utensils, or implements held therewith or attached 
 thereto, and the judgment, decree, order, or sentence appealed 
 from shall not charge, affect, or relate to the actual occupation
 
 16 
 
 THE LA WS OF BRITISH GUIANA : [A.D. 1831. 
 
 thereof, no security shall be demanded either from the party 
 or parties respondent, or from the party or parties appellant, 
 for the performance of the judgment or sentence to be pro- 
 nounced or made upon such appeal ; but if such judgment, decree, 
 order, or sentence shall charge, affect, or relate to the occupation 
 of any such property, then such security shall not be of greater 
 amount than may be necessary to secure the restitution, free 
 from all damage or loss, of such stock, utensils or implements, or 
 of the intermediate profit, which, pending any such appeal, may 
 probably accrue from the intermediate occupation of such property ; 
 and each of the said Courts is hereby authoi'ized and required to 
 sequestrate any such immovable property, stock, utensils, and 
 implements in order still further to reduce the amount of such 
 security, if the party or parties by whom such security is to be 
 given shall make application to such Court for that purpose, and the 
 other party or parties shall not show good cause to the contrary. 
 Eighthly — In any case where the subject of litigation shall consist 
 of money or other chattels or of any personal debt or demand, the 
 security to be demanded from the party or parties respondent, or 
 from the party or parties appellant, for the performance of the 
 judgment or sentence to be pronounced or made upon such appeal, 
 shall be either a bond to be entered into in the amount or value 
 of such subject of litigation, by one or more sufficient surety or 
 sureties, or such security shall be given, by way of mortgage or 
 voluntary condemnation, of or upon some immovable property 
 situate and being within such Colony, and being of the full value 
 of such subject of litigation, over and above the amount of all mort- 
 gages and charges of whatever nature upon or affecting the same. 
 
 Savin (? of 
 H. M.'s 
 general right 
 to admit 
 appeals. 
 
 Tenth — The security to be given by the party or parties appellant 
 for the prosecution of the appeal, and for the payment of costs, 
 shall in no case exceed the sum of three hundred pounds sterling, 
 and shall be given either by such surety or sureties or by such 
 mortgage or voluntary condemnation as aforesaid. 
 
 Eleventh — If the security to be given by the party or parties 
 appellant for the prosecution of the appeal, and for the payment 
 of such costs as may be awarded, shall in manner aforesaid be 
 completed within three months from the date of the petition for 
 leave to appeal, then, and not otherwise, the Court from which 
 such appeal is brought shall make an order allowing such appeal, 
 and the party or parties appellant shall be at liberty to prefer and 
 prosecute his, her, or their appeal to His Majesty, his heirs and 
 successors, in his or their Privy Council, in such manner and under 
 such rules as are observed in appeals made to His Majesty-in- 
 Council from his Plantations or Colonies. 
 
 Twelfth — Provided, nevertheless, that any person or persons feeling 
 aggrieved by any order which may be made by, or by any 
 proceeding of, any of the said Courts respecting the security to be 
 taken upon any such appeal as aforesaid shall be, and is or are 
 hereby authorized, by petition to His Majesty-in-Couucil, to apply 
 for redress in the premises. 
 
 Provided always, and it is hereby further ordered, that nothing 
 herein contained doth or shall extend, or be construed to extend, 
 to take away or abridge the undoubted right or authority of His
 
 A.D. 1831.] CONTINUANCE OF FORMER LA WS. [No. 1. 
 
 17 
 
 Majesty, his heirs and successors, to admit and receive any appeal 
 from any judgment, decree, order, or sentence of any of the said 
 Supreme Courts, on the humble petition of any person or persons 
 aggrieved thereby, in any case in which, and subject to any conditions 
 or restrictions upon and under which, it may seem meet to His 
 Majesty, his heirs and successors, so to admit and receive any such 
 appeal. 
 
 And it is further ordered that the said Supreme Court respectively 
 shall, in all cases of appeal to His Majesty, his heirs and successors, 
 execute and carry into immediate effect such judgments and orders as 
 His Majesty, his heirs and successors, shall make thereupon, in such 
 manner as any original judgment or decree of the said Supreme Court 
 can or may be executed. 
 
 Aad it is hereby further ordered that all Orders heretofore made by 
 His Majesty, or by any of his royal predecessors, in his or their Privy 
 Council, and all laws, customs, and usages now or at any time here- 
 tofore established or in force in any of the said Colonies, so far as such 
 Orders, laws, customs, or usages are in anywise repugnant to or at 
 variance with this present Order, shall be and the same are hereby 
 revoked, abrogated, rescinded, and annulled. 
 
 And it is further ordered that, for the purpose and within the 
 meaning of the present Order, any person lawfully administei'ing for 
 the time being the government of any of the said Colonies shall be 
 deemed and taken to be the Governor thereof. 
 
 And the Right Honourable Viscount Goderich, one of His Majesty's 
 Principal Secretaries of State, is to give the necessary directions 
 herein accordingly. 
 
 C. Greville. 
 
 Execution 
 jvidfiinent 
 in iipiieal. 
 
 Revocation of 
 orders, etc., 
 repugnant to 
 the Order. 
 
 Meaning of 
 
 term 
 
 " Governor. 
 
 ORDINANCE No. 1 OF 1831. 
 
 An Ordinance to continue in force the Statutes, Acts, a. d. iss i. 
 and Ordinances heretofore passed, enacted, or * 
 
 ordained by the Governor or Lieutenant-Governor 
 and Court of Pohcy of the Colonies of Essequebo 
 and Demerara, or by the Governor or Lieutenant- 
 Governor and Court of PoHcy of the United Colony 
 of Demerara and Essequebo, and by the Governor 
 or Lieutenant-Governor and Court of Policy of 
 Berbice, or by the Governor or Lieutenant-Governor 
 and Council of Government of the Colony of 
 Berbice respectively. 
 
 [3rd December, 1831.] 
 
 WHEREAS His Majesty has been graciously pleased, by his 
 Royal Commission and Letters Patent, dated the 4th day of 
 March, 1831, to give and grant to the Governor of the Colony 
 of British Guiana full power and authority, with the advice and con- 
 sent of the Court of Policy of the said Colony, to make, enact, ordain, 
 and establish Laws for the order, peace, and good government of 
 the said Colony ; 
 
 And whereas the Governor or Lieutenant-Governor and Court of 
 Policy of the Colonies of Essequebo and Demerara, and the Governor
 
 18 
 
 No. 1.] THE LA WS OF BRITISH OUIANA : [A.D. 1831. 
 
 or Lieutenant-Governor and Court of Policy of the United Colony 
 of Demerara and Essequebo, and the Governor or Lieutenant-Governor 
 and Court of Policy of Berbice, and the Governor or Lieutenant-Gover- 
 nor and Council of Government of Berbice, have heretofore respectively 
 passed divers Resolutions, Acts, and Ordinances for the Government 
 of the said Colonies ; 
 
 And whereas it is expedient to continue in full force and effect 
 in the Colony of British Guiana all such of the above Resolutions, 
 Acts, and Ordinances (the same not having been disallowed by His 
 Majesty) as may be applicable to the respective Districts of British 
 Guiana heretofore forming the separate Colonies aforesaid ; 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. All such Resolutions, Acts and Ordinances heretofore passed by 
 the aforesaid authorities of the said separate Colonies of Essequebo 
 and Demerara, and of the United Colony of Demerara and Essequebo, 
 and of Berbice, respectively, as have not been disallowed by His 
 Majesty, and as may respectively apply to the said Districts of British 
 Guiana formerly constituting those separate Colonies, shall be and they 
 are hereby continued in full force and effect, and shall have the full 
 force and operation of law in the said respective Districts of the Colony 
 of British Guiana. 
 
 Continuation 
 in force of laws 
 passed by pre- 
 existnig Local 
 Legislatures. 
 
 Reserv-ation of 2. The Governor and the Court of Policy reserve to themselves full 
 altering laws power of altering or amending the said Resolutions, Acts, and Ordin- 
 so continued. ances as they may judge proper. 
 
 A.D. 1832. 
 
 Fixing of age 
 of majority 
 at twenty-one 
 years. 
 
 ORDINANCE No. 1 OF 1832. 
 
 An Ordinance to alter and fix the Period of attaining 
 the Age of Majority. 
 
 [14th August, 1832.] 
 
 WHEREAS by the law of this Colony persons do not attain the 
 age of majority until they are twenty-five years old, and much 
 inconvenience is found to result therefrom : 
 
 Be it therefore enacted that persons who, by the laws in force in 
 the Colony, would not attain their age of majority until they are 
 twenty-five years old, shall, from and after the time that this Ordinance 
 shall be in full force and effect, attain the age of majority so soon as 
 they are twenty- one years of age ; and all persons who are already 
 twenty-one years of age shall be of, and they are hereby declared to 
 have at tamed, the age of majority ; and all such persons are hereby 
 declared to be entitled to all the rights and privileges, and to none 
 other, than they would have been entitled to under the laws hereto- 
 fore in force in this Colony on their becoming twenty-five years of 
 age : Provided always that nothing herein contained shall extend to 
 affect any estate which is especially, by any will made or hereafter 
 to be made in the Colony, directed to be kept together for a specific 
 period of time, or to alter any agreement heretofore entered into by 
 executors or guardians, wherein provision may be made for minors 
 or wards being of age at the period prescribed by the former existing 
 law of the Colony.
 
 A.D. 1838.] DIVISION INTO COUNTIES, [No. 1. 19 
 
 ORDINANCE No. 1 OF 1838. 
 An Ordinance to divide British Guiana into Counties. a.d. isss. 
 
 -»- 
 
 [lOth February, 1838.] 
 
 WHEREAS for the purposes of Ordinance No. 43, entitled "An 
 Ordinance for the Government and Regulation of Apprenticed 
 La]:)ourers," the Colony of British Guiana has been divided 
 into sundry judicial districts ; 
 
 And whereas for the purposes of another Ordinance, No. 80, entitled 
 " An Ordinance for the Better Regulation of the Roads and Bridges 
 in the Colony of British Guiana," the inhabited parts of the said 
 Colony have been divided into twenty-five districts ; 
 
 And whereas British Guiana is also divided into two grand divisions 
 or districts, viz., the District of Demerara and Essequebo and the 
 District of Berbice ; 
 
 And whereas, to prevent confusion in this accumulation of districts, 
 and in furtherance of the gracious intentions of Her Majesty's pre- 
 decessors, aiid with a view more closely to imitate the practices 
 and observances of the Mother Countiy, it is desirable that Demerara 
 and Essequebo and Berbice should no longer continue under the 
 styles or titles of Districts, but that British Guiana should for the 
 future be divided into three Counties ; that is to say, Demerara to be 
 the County of Demerara, Essequebo to be the County of Essequebo, 
 and Berbice to be the County of Berbice : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . From and after the commencement of this Ordinance, British Division of 
 Guiana shall be, and the same is hereby declared to be, divided into British Guiana 
 three distinct and separate Counties ; and Demerara shall in future counties of ^^ 
 be called and styled the " County of Demerara," Essequebo 8hall be Demerara, 
 styled and called the " County of Essequebo," and Berbice shall be ^^^f^^^J?; 
 styled and called the " County of Berbice." 
 
 2. Whenever the word or words "District," or "Districts," or Construction of 
 " Colony," or " Colonies " is or are made use of, or is or are indicated, references in 
 in any Acts, Ordinances, Publications, or Proclamations, or in any ^ Dig^i^g'ts 
 Manner or Manners of Proceeding in any civil or criminal cases, or etc. 
 
 in any Rules or Regulations whatsoever, whether made in and for 
 Demerara, or Essequebo, or Berbice severally, or in and for Demerara 
 and Essequebo united, or for British Guiana generally, such term or 
 terms shall be deemed, considered, and taken as thereby designating 
 the several respective Counties herein named to which such term or 
 terms is or are applicable by name in any such Acts, Ordinances, 
 Publications, Proclamations, Manner or Manners of Proceeding or 
 Rules or Regulations as aforesaid. 
 
 VOL. I.
 
 A 
 
 20 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1838. 
 
 A.D. 1838. 
 
 Limitation of 
 jus delibe- 
 randi to six 
 months. 
 
 Date from 
 ■which period 
 is to run. 
 
 Saving of 
 right of 
 application 
 for extension 
 of period. 
 
 ORDINANCE No. 2 OF 1838. 
 
 An Ordinance to limit the Duration of Acts of 
 Deliberation. 
 
 [3rd April, 1838.] 
 
 WHEREAS testamentary guardians of minors, and the person or 
 persons instituted by last will to be the heir or heirs of 
 deceased persons and those entitled to succeed as the heir or 
 heirs of any person or persons dying intestate, have been hitherto 
 allowed by the laws in force in this Colony the jus deliberandi, or 
 right of deliberation, previously to their acceptance or repudiation of 
 the inheritance bequeathed or left, and, by a custom of the Colony, the 
 same privilege has been hitherto allowed to testamentary executors, 
 on behalf of absent heirs ; 
 
 And whereas it has been found that the period of deliberation 
 hitherto allowed to the said parties, being one year from the death of 
 the testator or intestate, has been and is prejudicial to creditors and 
 legatees, and it is expedient and necessary that the said period should 
 be curtailed : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. From and after the commencement of this Ordinance, the jus 
 deliberandi, or right of deliberation, hitherto allowed by the laws in 
 force in this Colony to testamentary guardians of minors, and to the 
 heir or heirs of deceased persons, and, by the custom of the Colony, 
 to testamentary executors on behalf of any absent heir or heirs, shall 
 be, and the same is hereby declared to be, limited to the period of six 
 calendar months. 
 
 2. The said period of six calendar months hereby declared to be 
 the time limited for the jus deliberandi in the cases aforesaid shall 
 commence and run from the tenth day after the death of the testator 
 or intestate, within which period of ten days any act of deliberation to 
 be passed by any of the parties entitled to deliberate shall be executed 
 according to law ; and if the said act of deliberation is not executed 
 as aforesaid within the said period of ten days, then the period of 
 deliberation in any of the cases aforesaid shall be considered and 
 deemed in law to have commenced from and after the day of the 
 decease of the testator or intestate. 
 
 3. Nothing herein contained shall extend, or shall be construed to 
 extend, to prevent any application to the Supreme Court, or to His 
 Honour the Chief Justice in non-session, for any extension of the act 
 of deliberation, in any of the cases aforesaid, upon good and sufficient 
 grounds shown, which application shall be made, and shall be either 
 granted or refused, according to the Rules of Court at present in force 
 or to be made relative thereto : Provided always that such jus 
 deliberandi shall not in the whole exceed the period of twelve 
 calendar months.
 
 A.D. 1838.] COLONIAL BANK CHARTER. 
 
 [No. 3. 
 
 21 
 
 ORDINANCE No. 3 OF 1838. 
 
 An Ordinance to render an examined Copy of the 
 
 Colonial Bank Charter, and duly legalized Copies 
 
 thereof, good Evidence in the Courts of this 
 Colony. [24th May, 1838.] 
 
 WHEREAS His late Most Gracious Majesty, William the Fourth, 
 of blessed memory, in aud by his Letters Patent bearing date 
 at the Palace of Westminster, the first day of June in the 
 sixth year of his reign, did give, grant, make, ordain, constitute, 
 declare, and appoint that John Irving, Andrew Colville, ^neas 
 Barkly, David Barkly, James Cavan, John Alexander Hankey, William 
 Pelton Hibbert, .John Gurney Hoare, John Irving the younger, Charles 
 M'GareJ, William Miller, Thomas Masterman, Abraham George 
 Roberts, Patrick Maxwell Stewart, Alexander Stewart, Samuel 
 Gurney, Charles Marryat, and Thomas Moody, Esquires, or such of 
 them as should become subscribers of not less than two thousand 
 pounds each towards the capital or joint stock therein mentioned, in 
 manner therein provided, together with such and so many other person 
 or persons, bodies politic or corporate, as should become subscribers of 
 or towards the capital or joint stock therein mentioned, in manner 
 therein provided, and such other person or persons, bodies politic or 
 corporate, as should from time to time, in manner therein provided, 
 become a proprietor or proprietors of any part of such capital or joint 
 stock (not being a fractional part of one hundred pounds of such 
 stock), should be one body pohtic and corporate, in deed and in name, 
 by the name of "The Colonial Bank," and by that name should and 
 might sue and be sued, plead and be impleaded, in all Courts, whether 
 of law or equity, and should have perpetual succession with a 
 
 common seal, which 
 
 might 
 
 be 
 
 changed 
 
 or varied by them at 
 
 A.D. 1838. 
 
 See also 
 Ordinance 
 No. 2 of 1839. 
 For the 
 Charter, etc., 
 see Appendices 
 N and O to 
 Vol. IV. 
 
 pleasure ; 
 
 And whereas a copy of the said Royal Charter, declared before the 
 Lord Mayor of London to bo a true and correct copy of the said Royal 
 Charter of Incorporation granted by His said Majesty to the said 
 Colonial Bank, and to have been duly examined and compared with 
 the said Royal Charter, has been duly entered, registered, and recorded 
 in the Registrar's Office of Demerara and Essequebo, and it is 
 expedient that the said examined copy, and that examined copies 
 of the said examined copy, so entered and recorded in the Registrar's 
 Office, should be held, esteemed, reputed, deemed, and taken to be 
 as good and valid, to all intents and purposes, as if the said original 
 Charter, or an exemplification thereof, had been so entered and recorded : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. The said examined copy of the said original Charter so entered 
 and recorded in the said Registrar's Office, and all copies thereof duly 
 examined and attested by the Registrar or his lawful deputy or 
 substitute, shall be allowed and permitted to be pleaded, and shall 
 be held, deemed, and taken, in and by all Courts of Judicature in 
 this Colony, to be as good evidence as if the said original charter, 
 or an exemplification thereof, were then and there produced and 
 exhibited. 
 
 Admissibility 
 in evidence of 
 examined 
 copies of 
 Charter of 
 Incorporation 
 of the Colonial 
 Bank. 
 
 VOL. I. 
 
 3a
 
 22 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1838. 
 
 A.D. 
 
 1838. 
 
 -♦ — 
 
 Prohibition 
 of taking 
 sand, etc., 
 from shores or 
 banks near 
 Fort William 
 Frederick. 
 
 Proceedings 
 
 against 
 
 offender. 
 
 OEDINANCE No. 4 OF 1838. 
 
 An Ordinance for the Better Protection of Fort 
 William Frederick and the Public Works adjacent 
 thereto. 
 
 [26th May, 1838.] 
 
 WHEREAS a heavy expenditure was formerly incurred by reason 
 of the encroachment3 of the sea on Fort Wilham Frederick : 
 And whereas the bank now formed to the northward of 
 the said Fort has prevented such encroachments, and thereby such 
 expenditure ; and it is therefore necessary and expedient to preserve 
 such bank : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Poh"cy thereof, as follows : — 
 
 1, No person or persons shall take or remove, under or upon any 
 pretext whatsoever, from the shores or banks of the eastern part or 
 parts of the River Demerara, extending from the stelling at Fort 
 William Frederick seaward and coastwise, eastward to the prolonga- 
 tion of the western side-line of Plantation Thomas, any sand, caddy, 
 mud, ballast, shells, or shingle ; on pain of forfeiting for every such 
 offence the sum of ten pounds, to be sued for and recovered before any 
 Magistrate. 
 
 2. Any Magistrate is hereby authorized and required, upon com- 
 plaint made or information laid, to grant and issue his warrant, in 
 writing under his hand, to bring before him such ofifender or offenders 
 at the time and place in such warrant mentioned, and if, on the 
 conviction of the offender or offenders, such penalty or forfeiture is 
 not foithwith paid, it shall be lawful for such Magistrate to commit 
 any such offender or offenders to the Common Gaol, there to remain 
 for any time not exceeding one month, unless such penalty is sooner 
 paid. 
 
 See the Ordi 
 nance next 
 folloiving. 
 
 A. D. 183 8. An Okder-in-Council relating to Currency. 
 
 [14th September, 1838.] 
 
 At the Court of Windsor. 
 
 Present : 
 THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. 
 
 WHEREAS there was this day read at the Board, the draft of 
 a Proclamation regulating the rate at which certain forc-ign 
 coins are to pass current in Her Majesty's West India 
 Colonies : Her Majesty, havin.ii taken the same into consideration, 
 was pleased, by and with the advice of her Privy Council, to approve 
 thereof, and to order, as it is hereby ordered, that the said Proclama- 
 tion do take effect and come into force in each of Her Majesty's said 
 Colonies upon and from and after such day as shall be for that put pose 
 limited by the Governor or officer administering the government of 
 each of the said Colonies respectively, by any Proclamations to be by 
 
 Approval of 
 Proclamation 
 regiilating rate 
 of certain 
 foreign coins 
 in British 
 "West Indian 
 Colonies.
 
 A.D. 1839.] 
 
 CURRENCY. 
 
 No. 1. 
 
 23 
 
 tliem respectively, for that pui pose, issued ia each of such respective 
 Colonies. 
 
 2. And the Right Honourable Lord Glenelg, one of Her Majesty's Giving of 
 Pi'incipal Secretaries of State, is to give the necessary directions for directions, 
 causing publication to be made hereof within Her Majesty's said 
 Colonies. 
 
 By the Queen. 
 A PROCLAMATION. 
 
 WHEREAS the coin current in our West India Colonies, in 
 eluding our Province of British Guiana, consists partly of the 
 current coin of the United Kingdom, and partly of Spanish, 
 Mexican, and Columbian gold coin called doubloons, and of Spanish, 
 Mexican, and Columbian silver coin, called dollars ; and it is expedient 
 that the rate at which the said doubloons and dollars shall circulate in 
 our said Colonies siiould be ascertained and fixed : Now, therefore. We, 
 by the advice of our Privy Council, have thought fit to declare and 
 ordain, and, by the advice aforesaid, We do hereby declare and ordain, 
 that throughout the whole of our said Colonies the said doubloon 
 shall circulate and be received in payment as being of the full value of 
 sixty-four shillings sterling, current money of the United Kingdom, 
 and the said dollar shall cii'culate and be received in payment as 
 being of the full value of four shillings and two pence sterling, like 
 current money of the United Kingdom And in all payments to be 
 made in any of our said Colonies, tender of payment in doubloons, 
 and dollars, or either of them, at the rate aforesaid, shall he deemed 
 and taken to be a lawful tender, in the same manner as if such tender 
 had been made in the current coin of the United Kingdom^. 
 
 Ordinance 
 No. 1 of 1840 
 incorporated. 
 See the Order- 
 in- Council 
 lant preccdiuij. 
 
 ORDINANCE No. 1 of 1839. 
 
 An Ordinance to alter the Denomination of the a.d. 1839 
 Moneys of Account in British Guiana. 
 
 [1st March, 1839.] 
 
 WHEREAS it is deemed advisable to establish dollars and cents 
 of a dollar as the denomination of moneys of account of 
 British Guiana, in the place and stead of guilders, stivers, and 
 pennings : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thex'eof, as follows : — 
 
 1. This Ordinance may be cited as the Currency Ordniance, 1839. 
 
 2. Guilders, stivers, and pennings shall no longer be deemed and 
 considered as the moneys of account of British Guiana ; but from the 
 1st day of March, 1839, the denomination of moneys of account of 
 British Guiana shall be, as they are hereby declared to be, dollars and 
 cents of dollars. 
 
 Short title. 
 
 Moneys of 
 account of 
 British 
 Guiana. 
 
 ^ See, however, Ordinance No. 1 of 1876, demonetizing the dollars referred to.
 
 u 
 
 No. 1] THE. LAWS OF BRITISH GUIANA: [A.D. 1836. 
 
 Accounts in 
 guilders to be 
 transferred 
 into dollars. 
 
 Debts and 
 penalties to be 
 sued for in 
 dollars and 
 cents. 
 
 3. All existing accounts, notes of hand, or other claims, of what- 
 soever nature payable or receivable in guilders shall be payable or 
 recoverable in dollars currency, the amount in guilders being first 
 brought into dollars currency at the rates and in the proportion 
 hereinafter mentioned ; and all coins which by law have been 
 declared to be legal tenders for debts contracted in guilders shall be 
 a legal tender for the same said accounts, notes of hand, and other 
 claims, when brought into dollars currency at the rates and in the 
 proportion aforesaid ] and the said coins shall also be a legal tender 
 for all debts which have been, or which may be, contracted in dollars 
 currency at the relative rates and in the proportion aforesaid. 
 
 4. From and after the 1st day of March 1839, no action or suit 
 shall be instituted in any of the Courts of this Colony for the re- 
 covery of any account or debt contracted within this Colony, and 
 originally payable in guilders, shall be received or entertained, unless 
 the account is made out and the demand sued for in dollars and 
 cents ; and in all suits for the recovery of fines or pecuniary 
 penalties originally fixed in guilders the same shall be sued for in 
 dollars and cents. 
 
 ORDINANCE No. 2 OF 1839. 
 
 A.D.^839. An Ordinance to render an examined Copy of the 
 Colonial Bank Supplementary Charter, and duly 
 legalized Copies thereof, good Evidence in the 
 Courts of this Colony. 
 
 [4th October, 1839.] 
 
 See also 
 Ordinance 
 No. 3 of 1838 
 For the Sup- 
 plementary 
 Charter, see 
 Appendix 
 to Vol. IV. 
 
 Admissibility 
 as evidence of 
 examined 
 copies of 
 
 WHEREAS Her Most Gracious Majesty Queen Victoria, in and 
 by her Letters Patent, bearing date at the Palace at West- 
 minster the thirtieth day of October, in the second year of 
 her reign, did give and grant unto the Colonial Bank a Supplementary 
 Charter ; 
 
 And whereas a copy of the said Royal Supplementary Charter, 
 declared before the Lord Mayor of London to be a true and correct 
 copy of the said Royal Supplementary Charter granted by Her Majesty 
 to the said Colonial Bank, and to have been duly examined and com- 
 pared with the said Royal Supplementary Charter, has been duly 
 entered, registered, and recorded in the Registrar's Office of Demerara 
 and Essequebo ; and it is expedient that the said examined copy, and 
 that examined copies of the said examined copy, so entered and recorded 
 in the Registrar's Office, should be held, esteemed, respected, deemed, 
 and taken to be as good and valid, to all intents and purposes, as if the 
 said original Supplementary Charter or an exemplification thereof had 
 been so entered and recorded : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. The said examined copy of the said Supplementary Charter so 
 entered and recorded in the Registrar's Office, and all copies thereof
 
 A.r). lS3d.] 
 
 WILLS, 
 
 [No. 3. 
 
 26 
 
 duly examined and attested by the Registrar or by his lawful deputy ^"PP}fj°^®J^' j 
 or substitute, shall be allowed and permitted to be pleaded, and shall th7colonial ° 
 be held, deemed, and taken, in and by all Courts of Judicature in this Bank. 
 Colony, to be as good evidence as if the said original Supplementary 
 Charter or an exemplification thereof were then and there produced 
 and exhibited. 
 
 OEDINANCE No. 3 OF 1839. 
 
 An Ordinance to render valid Wills, Codicils and 
 Testamentary Dispositions executed in the presence 
 
 of two Witnesses. 
 
 [2nd November, 1839.] 
 
 WHEREAS, by the existing laws in force in this Colony, two 
 witnesses and one Sworn Clerk, or seven witnesses, are required 
 to render last wills, testaments, and codicils valid and 
 effectual ; 
 
 j^nd whereas much inconvenience has occurred^ and frequent dis- 
 appointments have been experienced, by reason of the difficulty of 
 procuring a Sworn Clerk or so many witnesses to attest such documents 
 in cases of sudden emergency, and more particularly in remote parts of 
 the Colony, so as, in many instances, to have caused the nullity of wills 
 in every other respect legal : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Wills Ordinance, 1839. 
 
 A.D. 1839. 
 
 — ♦ — 
 
 Short title. 
 
 2. Any will, codicil or testamentary disposition made in this Colony, Rule as to 
 and executed and attested in the manner hereinafter mentioned and ^tt'^'t^tioif^f 
 set forth, shall be as legal, valid, and binding, to all intents and wUls, etc. 
 purposes, as any will, codicil, or testamentary dispositions made and 
 executed in the usual legal and ordinary manner, that is to say, such 
 wills, codicils, and testamentary dispositions shall and may be signed 
 at the foot or end thereof by the testator, or by some other person in 
 his presence and by his direction, and such signature shall and may be 
 made or acknowledged by the testator in the presence of two witnesses 
 present at the same time, and such witnesses shall and may attest, and 
 shall and may subscribe, the will, codicil, or testamentary disposition 
 in the presence of the testator, but no form of attestation shall be 
 necessary.
 
 26 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1839. 
 
 A.D. 1839. 
 
 Short title. 
 
 Prohibition of 
 printing or 
 publishing 
 newspapers 
 until declara- 
 tion of certain 
 pai'ticiilars 
 made. 
 
 OKDINANCE No. 4 OF 1839. 
 
 An Ordinance to prevent the Mischiefs arising from the 
 printing and publishing Newspapers and Papers of 
 a Hke nature by Persons not known, and for regu- 
 lating the Printing and Publication of such Papers 
 in other respects, and for establishing the Liberty 
 of the Press on a just and proper basis. 
 
 [23rd November, 1839.] 
 
 WHEREAS it is expedient that regulations should be provided 
 touching publications of the nature hereinafter mentioned : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of PoHcy thereof, as follows : — 
 
 1, This Ordinance may be cited as the Newspapers Ordinance, 1839. 
 
 2. — (1.) No person shall print or publish, or shall cause to be printed 
 or published, any newspaper, before there shall be delivered at the 
 Office of the Government Secretary in Georgetown, or of the Assistant 
 Receiver General at New Amsterdam, as the case may be, a declaration 
 in writing, containing the several matters and things hereinafter for 
 that purpose specified ; that is to say, every such declaration shall set 
 forth the correct title of the newspaper to which the same may relate, 
 and the true description of the house or building wherein such news- 
 paper is intended to be printed, and also of the house or building in 
 which such newspaper is intended to be published, by, or for, or on 
 behalf of the proprietor thereof, and shall also set 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 newspaper, and of 
 every person who is intended to be the publisher thereof, and of every 
 person who is a proprietor of such newspaper ; and every such declara- 
 tion shall be made and signed by every person named therein as 
 printer or publisher of the newspaper to which such declaration may 
 relate, and by the person or persons named therein as proprietor or 
 proprietors. 
 
 (2.) A declaration of the like import shall be made, signed, and 
 delivered in like manner whenever and so often as any share, interest, 
 or property soever in any newspaper named in any such declaration 
 may 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 news^saper named in any such 
 declaration, may be changed, or may change his placw of abode ; and 
 also whenever and so often as the title of any such newspaper, or the 
 printing office, or the place of publication thereof may be changed ; and 
 also whenever, in any case, or on any occasion, or for any purpose, the 
 Governor may recjuire such declaration to be made, signed, and 
 delivered, and may cause notice in writing for that purpose to be 
 served upon any person, or to be loft or posted at any place mentioned 
 in the last preceding declaration, delivered as aforesaid, as being a
 
 A.D. 1839.] 
 
 NEWSPAPERS. 
 
 [No. 4. 
 
 27 
 
 printei", publisher, or proprietor of such newspaper, or as being the 
 place of printing or publishing any such newspaper respectively. 
 
 (3.) Every such declaration shall be made before the Registrar of 
 British Guiana in Georgetown or a Sworn Clerk and Notary Public in 
 Berbice, as the case may be ; and such officers are, and each of them is, 
 hereby severally and respectively authorized and required to take and 
 receive such declaration as aforesaid. 
 
 (4.) Every person who knowingly and wilfully signs and makes 
 any such declaration — 
 
 (a.) In which there is 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 newspaper 
 to which such declaration relates who is not a proprietor, 
 publisher, or printer thereof ; or 
 
 (b.) From which there is omitted the name, addition, or place of 
 abode of any proprietor, publisher, or printer, or conductor 
 of the actual printing of such newspaper, contrary to the 
 true meaning of this Ordinance ; or 
 
 (c.) In which any matter or thing l)y this Ordinance required 
 to be set forth is set forth otherwise than according to the 
 truth ; or 
 
 {d.) From which any matter or thing required by this Ordinance 
 to be truly set forth is entirely omitted, 
 
 shall, on being convicted thereof, be deemed guilty of a misdemeanour. 
 
 3. Every person who knowingly and wilfully prints or publishes, .or 
 causes to be printed or published, or, either as a proprietor or otherwise, 
 sells or delivers out, any newspaper, relating to which such declaration 
 as aforesaid, containing such matters and things as are reijuired by this 
 Ordinance to be therein contained, has not been duly signed, made, and 
 delivered, when and so often as by this Ordinance is required, or any 
 other matter or thing required by this Ordinance to be done or per- 
 formed has not been accordingly done or performed, shall forfeit, for 
 every such act done, the sum of two hundred and fifty dollars for every 
 day on which any such newspaper is printed or published, sold or 
 delivered out, before or until such declaration has been signed, made, 
 and delivered, or before or until such other matter or thing as been 
 done or performed, as by this Ordinance is directed. 
 
 Penalty for 
 
 pmiting or 
 
 publishing 
 
 newspaper 
 
 without 
 
 declaration 
 
 mide. 
 
 4. — (1.) All such declarations as aforesaid shall be filed and kept for 
 safe custody in the Public Office of the Government Secretary in 
 Georgetown or of the Assistant Receiver General at Ne >v Amsterdam ; 
 and copies thereof, certified to be true copies as by this Ordinance is 
 directed, shall respectively be admitted in all proceedings, civil or 
 criminal, and upon every occasion whatsoever touching any newspaper 
 mentioned in any such declaration, or touching any publication, 
 matter, or thing contained in any such newspaper, as conclusive 
 evidence of the truth of all such matters set forth in such declaration 
 as are hereby required to be therein set forth, and of their continu- 
 ance respectively in the same condition down to the time in question, 
 against every person who has signed such declaration, unless it is 
 proved that, previous to such time, such person became lunatic, or 
 that, previous to the publication in question on such trial, such 
 person duly signed and made a declai'ation that such person had ceased 
 
 Custody of 
 declarations, 
 and use of 
 certified copies 
 thereof as 
 evidence.
 
 28 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1839. 
 
 to be a printer, publisher, or proprietor, of such newspaper, and duly 
 delivered the same at the Office of the Government Secretary or of the 
 Assistant Receiver General as aforesaid, or unless it is 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, made, and delivered as aforesaid respecting the 
 same newspaper, in which the person sought to be affected on such 
 trial did not join. 
 
 (2.) The Government Secretary or the Assistant Receiver General 
 shall, on application in writing made to him by any person requiring 
 a copy, certified according to this Ordinance, of any such declaration 
 as aforesaid, in order that the same may 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. 
 
 (3.) [n all proceedings and upon all occasions whatsoever, a copy 
 of any such declaration certified to be a true copy under the hand 
 of the Government Secretary or of the Assistant Receiver General, 
 on proof made that such certificate has been signed with the hand- 
 writing of the Government Secretary or of the Assistant Receiver 
 General, 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 Ordinance 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 
 purports to be a copy, had been produced in evidence and been proved 
 to have been duly signed and made by the person appearing by such 
 copy to have signed and made the same as aforesaid. 
 
 (4.) Whenever a certified copy of any such declaration has been 
 produced in evidence as aforesaid against any person having signed 
 and made such declaration, and a newspaper is afterwards produced 
 in evidence, intituled in the same manner as the newspaper mentioned 
 in such declaration is intituled, and wherein the names of the printer 
 and publisher, and the place of printing, are the same as the names 
 of the printer and publisher, and the place of printing, mentioned 
 in such declaration, or purport to be the same, whether such title, 
 name, and place printed upon such newspaper are 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 newspaper to which such action, prose- 
 cution, or other proceeding may relate was purchased of the defendant 
 or at any house, shop, or office belonging to or occupied by the defend- 
 ant, or by his servants or workmen, or where he may usually carry on 
 the business of printing or publishing such newspaper, or where the 
 same may be usually sold. 
 
 (5.) If any person, not being the Government Secretary or the 
 Assistant Receiver General, gives any certificate purporting to be such 
 certificate as aforesaid, or presumes to certify any of the matters or 
 things by this Ordinance directed to be certified by such Government 
 Secretary or Assistant Receiver General, or which such Government 
 Secretary or Assistant Receiver General is hereby empowered or 
 entrusted to certify, or if any such Government Secretary or Assistant
 
 A.D. 1839.] NEWSPAPERS. [No. 4. 29 
 
 Receiver General knowingly and wilfully falsely certifies under his 
 hand that any such declaration as is required to be made by this 
 Ordinance was duly signed and made before him, the same not having 
 been so signed and made, or knowingly and wilfully falsely certifies 
 that any copy of any such 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 five 
 hundred dollars. 
 
 5, In any such prosecution or proceeding, civil or criminal, against Place of 
 
 any printer, publisher, or proprietor, of any newspaper, service at the ^^"^"^^^ °* .P^°" 
 
 '1.1. ' */ xj.' CGSS on pnntGr 
 
 house or place mentioned in any such declai'ation as aforesaid as etc., ofnews- 
 the house or place at which such newspaper is printed, or published, paper. 
 or intended so to be, of any notice or other matter required or 
 directed by this Ordinance 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 and suificient service thereof respectively 
 upon and against every person named in such declaration as the 
 printer, publisher, or proprietor of the newspaper mentioned in such 
 declaration. 
 
 6. The Government Secretary and the Assistant Receiver General, Registration 
 as the case may be, shall cause to be entered, in a book to be kept for ^^ *^*^^^ o^ 
 that purpose in his Office, the title of every newspaper registered at "nd mimes^of 
 his Office, and also the names of the printers and publishers thereof, printers and 
 as the same appear in the declarations required by this Ordinance to publishers. 
 be made relating to such newspapers 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. 
 
 7. — (1.) The printer or publisher of every newspaper in the Colony Delivery of 
 shall, within twenty-four hours after such newspaper has been published, copies of news- 
 deliver, or cause to be delivered, at the Office of the Government use o7'same for 
 Secretary in Georgetown, if published in any part of the Counties of purposes of 
 Demerara and Essequebo, or of the Assistant Receiver General at e^<lence. 
 New Amsterdam, if published in any part of the County of Berbice, 
 one copy of every such newspaper so printed or published, with the 
 name and place of abode of the printer or publisher thereof signed 
 and written thereon, after the same has been printed, by his proper 
 hand and in his accustomed manner of signing, or by some person 
 appointed and authorized 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 Government 
 Secretary or the Assistant Receiver General, has been delivered at the 
 Office of the Government Secretary in Georgetown, or of the Assistant 
 Receiver General at New Amsterdam, as the case may be ; and the 
 same copies shall be carefully kept by the said respective officers, and 
 such printer or pubHsher shall be entitled to demand and receive from 
 the said officers the amount of the ordinary price of the newspapers 
 so delivered. 
 
 (2.) Every printer and publisher of any such newspaper who neglects 
 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 one hundred dollars.
 
 30 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [ A.D. 1830. 
 
 Names of 
 printer and 
 publisher, etc., 
 to be printed 
 on newspaper. 
 
 (3.) In case any person makes application in writing to the said 
 officers, in order that any newspaper so signed as aforesaid may be 
 produced in evidence in any proceeding, civil or criminal, the said 
 officers 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 officers, within a certain 
 time to be fixed by them respectively ; and if, by reason that such 
 newspaper has 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 officers 
 respectively shall cause the same to be produced, or shall deliver the 
 same, as soon as they are able to do so ; and all copies so delivered as 
 aforesaid shall be evidence against every printer, publisher, and pro- 
 prietor 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 is of 
 the same title, purport, or effect with such copy so delivered, as afore- 
 said, although such copy may vary in some instances or particulars, 
 either as to title^ purport or effect. 
 
 (4.) Every printer, publisher, and proprietor of any copy so de- 
 livered as aforesaid, shall to all intents and purposes be deemed to 
 be the printer, publisher, and proprietor respectively of all news- 
 papers which are 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 proves that 
 such newspapers were not printed or published by him, or by or with 
 his knowledge or privity. 
 
 8. — (1.) At the end of every newspaper, and of any and every 
 supplement sheet or piece of paper, shall be printed the Christian 
 name and suiname, 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 respec- 
 tively, and the day of the week, month and year on which the same 
 is published. 
 
 (2.) If any person knowingly and wilfully prints or publishes, or 
 causes to to be printed or published, any newspaper or supplement 
 thereto, whereon the several particulars aforesaid are not printed, or 
 whereon there is printed any false name, addition, place, or day, or 
 whereon there is printed any description of the place of printing or 
 publishing such newspaper which is different in any respect from the 
 description of the house or building mentioned in the declaration 
 required by this Ordinance to be made relating to such newspaper 
 as the house or building wherein such newspaper is intended to be 
 printed or published, every such person shall for every such offence 
 forfeit the sum of one hundred dollars. 
 
 Givin" of 
 security Vjy 
 jirinter und 
 publisher ti 
 newspaper. 
 
 9. — (1.) No person shall print or publish for sale any newspaper, or 
 any pamphlet or other paper containing any public news, intelligence, 
 or occurrences, or any remarks or observations thereon or upon any
 
 A.D. 1830.] NEWSPAPERS. [No. 4. 31 
 
 matter, public or private, until he has entered into and has executed 
 in the presence of, and delivered to, the Registrar of Britisli Guiana at 
 Georgetown or a Sworn Clerk and Notary Public at New Amsterdam, 
 as the case may be, a bond to Her Majesty, her heirs and successors, 
 together with two sufficient sureties, to the satisfaction of the said 
 officers, every person printing or pul)lishing any such newspaper, or 
 pamphlet, or paper aforesaid, in the sum of fifteen hundred dollars, 
 and his or her sureties in a like sum, jointly and severally conditioned 
 that such printer or publisher shall pay to Her Majesty, her heirs and 
 successors, every such fine or penalty as may at any time be imposed 
 upon or adjudged against him or her, by reason of any conviction for 
 printing or publishing any blasphemous or seditious libel at any time 
 after executing such bond as aforesaid. 
 
 (2.) Every person who prints or first publishes aijy such news- 
 paper, 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 one hundred dollars. 
 
 10. In every case in which any surety or sureties in any such bond Givmg of fresli 
 has or have been required to pay, and has or have paid the whole or certain" cases. 
 any part of the sum for which he, she, or they has or have become 
 surety, or in case any surety dies, or quits the Colony, or becomes 
 insolvent, then and in every such case the person or pei'sons for whom 
 such surety or sureties has or have been bound shall not print or 
 publish any newspaper, or pamphlet, or other paper aforesaid unless he 
 or she has executed a new bond with sufficient sureties, in the manner 
 and to the amount aforesaid, within ten days after such death, 
 departure from the Colony, or insolvency as aforesaid ; and in case 
 he or she prints or publishes any such newspaper, or pamphlet, 
 or other paper aforesaid without having executed such new bond as 
 aforesaid, he or she shall for every such olfence forfeit the sum of one 
 hundred dollars. 
 
 11, — (1.) If any surety or sureties is or are desirous to withdraw Withdrawal 
 from such bond, it shall and may be lawful to and for him, her, or them ^^ surety, 
 to do so, upon giving twenty days' previous notice in writing to the 
 Registrar of British Guiana in Georgetown or to a Sworn Clerk and 
 Notary Public at New Amsterdam, as the case may be, and also to 
 such printer and publisher ; and 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, she, 
 or they would otherwise have been liable under the said bond, 
 
 (2.) In every such case the person for whom such surety or 
 sureties has or have been bound shall not print or publish any 
 newspaper, or pamphlet, or other paper aforesaid until he or she has 
 executed a new bond, with sufficient sureties, in manner and to the 
 amount aforesaid ; and in case he c^r she prints or pViblishes any such 
 newspaper, or pamphlet, or other paper aforesaid without having 
 executed such new bond as aforesaid, he or she shall for every such 
 offence forfeit the sum of one hundred dollars. 
 
 12. It shall and may be lawful for any Magistrate before whom Power to 
 any complaint or information may be brought or be depending for ^naTtv^ 
 the recovery of any penalty under this Ordinance, not exceeding 
 one hundred dollars, to mitigate or lessen any such penalty in such
 
 •^9 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1839. 
 
 manner as such Magistrate in his discretion may think fit : Provided 
 always that such mitigation does not reduce the penalty to less than 
 one-fourth part thereof. 
 
 Kepeal of 1 3^ ^\\ ]aws, Ordinances, enactments, and usages, as far as regards 
 
 repugnant to ^^^ printing and publishing of newspapers and papers of a like nature, 
 the Ordinance, now existing, contrary to the terms and provisions of this Ordinance, 
 are hereby repealed, cancelled, or annulled. 
 
 A.D. 1843. 
 
 — ♦ — 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 ORDINANCE No. 1 OF 1843. 
 
 An Ordinance to establish a Registry of Baptisms and 
 Burials in this Colony. 
 
 [21st January, 1848.] 
 
 BE it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Baptisms and Burials Regis- 
 tration Ordinance, 1843. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 "Officiating Minister" means a clergyman of any religious 
 
 denomination : 
 " Chapel " means any place of religious worship. 
 
 Keeping of 
 I'egisters of 
 baptisms and 
 biu-ials in con- 
 nexion with 
 certain 
 religious de- 
 nominations, 
 and form 
 thereof. 
 
 Schedule : 
 Forms No. 1 
 and No. 2. 
 
 Original Register's of Baptisms and Burials. 
 
 3. — (1.) From and after the publication of this Ordinance, registers 
 of public and private baptisms and burials solemnized and performed 
 according to the rites of the Church of England, the Church of Scot- 
 land, the Dutch Reformed Church, the Lutheran Church, and the 
 Roman Catholic Church, and of any Dissenting Congregations in this 
 Colony, shall be made and kept by the rector, vicar, curate, or officiat- 
 ing minister for the time being of every parish or chapelry where the 
 ceremonies of baptism and burial have been usually and may, accord- 
 ing to law be performed, in books of parchment strongly bound, or of 
 good and durable paper, to be provided out of the public funds, as 
 occasion may require. 
 
 (2.) In such books shall be printed upon each side of every leaf, 
 the heads of information herein required to be entered in the register 
 of baptisms and burials respectively, and every such entry shall be 
 numbered progressively from the beginning to the end of each book, 
 the first entry to be distinguished by number one ; and every such 
 entry shall be divided from the entry next following by a printed line, 
 according to the Forms Ko. 1 and No. 2 contained in the Schedule to 
 this Ordinance ; and every page of every such book shall be numbered 
 with progressive numbers, the first page being marked with number 
 one in the middle of the upper part of such page, and every subsequent 
 page being marked in like manner with progressive numbers from 
 number one to the end of the book.
 
 A.D. 1843.] REGISTRATION OF BAPTISMS, ETC. [No. 1. 
 
 33 
 
 4. A printed copy of this Ordinance, together with one book so pre- ProvidinK of 
 pared as aforesaid, and adapted to the form of the register of baptisms ^'^^ister ooks. 
 prescribed in the said Form No. 1, and also one other book so 
 
 prepared as aforesaid, and adapted to the form prescribed for the 
 register of burials in the said Form No. 2, shall, as soon as conveniently 
 may be after the passing of this Ordinance, be provided and trans- 
 mitted to the rector, vicar, curate, or officiating minister of the 
 several parishes and chapelries in this Colony, who are hereby required 
 to use and apply the same in and to the purposes of this Ordinance, 
 and other books of like form and quality shall, for the like or other 
 necessary purposes, be from time to time procured, whenever they 
 may be required and called for, by the rector, vicar, curate, or 
 officiating minister. 
 
 5. The registers shall be kept in such separate books aforesaid, and Eecording of 
 every such rector, vicar, curate, or officiating minister shall, as soon as 11^^8.1™^^"*^ 
 may be practicable after the solemnization of every baptism, whether separate 
 public or private, or burial respectively, record and enter, in a fair and register books, 
 legible handwriting, in the proper register book to be provided, made, 
 
 and kept as aforesaid, the several particulars described in the said 
 Forms No. 1 and No. 2 ; and the rector, vicar, curate, or officiating 
 minister making such entry shall affix his name to such entry in words 
 at length. 
 
 Certificates to 
 be transmitted 
 to officiating 
 minister of 
 parish in case 
 of baptism or 
 burial per- 
 formed in 
 other place 
 than parish 
 church or 
 churchyard, 
 etc. 
 
 6. — (1.) Whenever the ceremony of baptism or burial is performed 
 in any other place than the parish church or churchyard of any 
 parish, or the chapel or cbapelyard of any chapelry providing its own 
 distinct register, and such ceremony is performed by any minister not 
 being the rector, vicar, curate, or officiating minister of such parish or 
 chapelry, the minister who performs such ceremony of baptism or 
 burial shall, as soon as may be practicable thereafter, transmit to the 
 rector, vicar, curate, or officiating minister of such parish or chapelry 
 a certificate of such baptism or burial ; and the rector, vicar, cui-ate, 
 or officiating minister of such parish or chapehy shall thereupon enter 
 such baptism or burial, according to such certificate, in the book to be 
 kept pursuant to this Ordinance for the purpose of such entry, and 
 shall add to such entry the following words : — " According to the 
 certificate of the Reverend dated transmitted 
 
 to me on the day of 1 ." 
 
 (2.) Every such rector, vicar, curate, or officiating minister receiving 
 any such certificate shall write upon the form thereof his Christian 
 name and surname, with the words — " This is the certificate of the 
 Reverend referred to in the foregoing entry ; " and such 
 
 original certificate shall be annexed either to the same or to the 
 next succeeding leaf of the book, wherein such entry referring thereto 
 may be made. 
 
 7. — (1.) The several books wherein such entries are respectively Custody of 
 made shall be deemed to belong to every such parish respectively, and ^^^ister books, 
 shall be kept by and remain in the power and custody of the rector 
 or other officiating minister of each respective parish or chapel as 
 aforesaid, and shall be by him safely and securely kept in a dry 
 chest, to be provided and repaired, as occasion may require, at the 
 expense of the public. 
 
 (2.) The chest containing the books shall be constantly kept 
 locked in some dry, safe, and secure place within the church or chapel ;
 
 34 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1843. 
 
 Making and 
 disposal of 
 duplicate 
 register books. 
 
 Schedule : 
 Form No. 3. 
 
 Custody and 
 right of search 
 in duplicate 
 register books. 
 
 and the books shall not, nor shall any one of them, be taken or 
 removed from or out of the chest at any time, or for any cause whatever, 
 except for the purpose of making such entries therein as aforesaid, or 
 for the inspection of persons desirous to make search therein or to 
 obtain copies from or out of the same, or to be inspected as to the 
 state and condition thereof, or for some of the purposes of this 
 Ordinance ; and immediately after making such respective entries, or 
 producing the books respectively for the purposes aforesaid, the books 
 shall forthwith again be safely and securely deposited in the chest. 
 
 Duj^licate Registers of Baptisms and JBurials. 
 
 8. — (1) Every rector, vicar, curate, or officiating minister in the 
 several parishes throughout the Colony, shall, in the month of .January 
 in each and every year, make, or cause to be made, in strong and well 
 bound books of good and durable paper, duplicate books of the 
 registries of baptisms and burials which have been celebrated in the 
 parish or chapelry in which such rector, vicar, curate, or officiating 
 minister resides ; and such duplicate books shall contain entries of 
 all the entries of baptisms and burials which have been entered in 
 the original registers required by this Ordinance Lo be kept, with 
 duplicates of the certificates, if any, contained in the oi'iginal books of 
 registry of baptisms and bui'ials, not being performed by the rector, 
 vicar, curate, or officiating minister of such particular parish or 
 chapelry. 
 
 (2.) On the completion of such duplicate books of registry, the 
 rector, vicar, curate, or officiating minister of the parish or chapelry, 
 who has made the transcript shall, on or before the first day of 
 March in each and every year, transmit the same to the parish for 
 which they have been compiled ; if such parish is situated in Berbice, 
 to the Sworn Clerk and Notary Public in charge of the Berbice branch 
 of the Registrar's Office, or if such parish is situated in the County of 
 Demerara or the County of Essequebo, to the Registrar of British 
 Guiana, to be, on receipt of the same, deposited by the said respective 
 officers in the archives of each Registrar's Office. 
 
 (3.) Every such rector, vicar, curate, or officiating minister shall, 
 previously to their transmission to the said respective officers, verify 
 the contents of such duplicate books of registry in the Form No. 3 
 contained in the Schedule to this Ordinance ; and such form shall be 
 written in such duplicate book and signed by the rector, vicar, curate, 
 or officiating minister of the parish or chapelry from which such 
 duplicate register is transmitted to the said respective officers. 
 
 9. — (1.) The duplicate books of registry, when delivered to the said 
 respective officers, shall be deemed to be in legal custody ; and any 
 person shall be entitled, on payment of the fees hereinafter men- 
 tioned, to search such duplicate books of registry, when so deposited as 
 aforesaid, at any time between the hours of ten o'clock in the morijing 
 and four o'clock in the afternoon (Sundays, Christmas Day and Good 
 Friday excepted) ; and any person shall be entitled to demand and 
 obtain, from each of the said respective officers, a certified extract of 
 any entry in the said duplicate books. 
 
 (2.) For every search in the duplicate books, the officer having 
 the custody of them shall be entitled to demand and receive the sum 
 of fifty cents, and for every such certified extract a like sum of fifty 
 cents.
 
 A.D. 1843.] REGISTRATION OF BAPTISMS, ETC. [No. 1. 
 
 35 
 
 10. — (1.) The officer having the legal custody of any duplicate books Certifying of 
 of registry shall certify all extracts which may he delivered by him duplicate ^°™ 
 as aforesaid of entries taken from such books by signing, or causing register book, 
 the same to be signed, either by himself or his lawful deputy, or some 
 Sworn Clerk and Notary Public in his Office, and such officer shall 
 cause all such extracts to be sealed or stamped with the seal of his 
 Office. 
 
 {2.) Any such extract, purporting to be stamped with the seal of 
 the said Office, shall be received as evidence, in all civil cases, of the 
 contents thereof, without the production in evidence by such officer 
 or Sworn Clerk and Notary Public of any such duplicate book of 
 registry. 
 
 Miscellaneous Provisions. 
 
 (1.) If any rector or officiating minister in any parish or Correction of 
 
 register book. 
 
 11.- 
 
 chapelry in the Colony discovers any error to have been committed in ^^^^ ^ 
 the form or substance of any entry in the register book of baptisms 
 and burials in his parish, such rector or officiating minister shall, as 
 soon as may be practicable after the discovery of such error, alter and 
 correct the same in the presence of a majority of the vestry of the 
 parish in which such rector or officiating minister may be resident, 
 (and the majority of the vestry of such parish shall be present at and 
 shall attest the correction of any such error) ; and such erroneous 
 entry shall be corrected according to the truth of the case, and such 
 correction shall be made by entry, to be inserted in the margin of the 
 register book wherein such erroneous entry has been originally made, 
 and such correction shall be made without alteration or obliteration of 
 the original entry, and such rector or officiating minister shall sign 
 such entry in the margin of the book wherein such correction may be 
 made, and shall add to his signature the day and month of the year 
 wherein such correction may be made. 
 
 (2,) Such rector or officiating minister shall, within one week 
 thereafter, transmit to the officer as aforesaid of the County in which 
 such rector or officiating minister resides a duplicate of such entry, 
 correcting any such error of the original registry ; and such officer shall, 
 on receipt thereof, forthwith enter or cause to be entered such entry in 
 the duplicate book of registry by this Oi-dinance directed to be trans- 
 mitted to him ; and such officer shall sign the same, or the same shall 
 be signed in such duplicate book by a Sworn Clerk and Notary Public, 
 in such Registrar's Office: Provided always that, previously to any 
 such alteration being made, the rector or officiating minister of the 
 particular parish or chapelry shall give due notice in writing of such 
 alteration and correction to the person or persons, or to the relatives 
 of the person or persons, who may be interested in such baptism or 
 burial respectively. 
 
 12. If any rector, vicar, curate, or officiating minister of any parish Penalty on 
 or chapelry in the Colony, or other person, refuses or neglects to per- rector, etc., 
 form any act by this Ordinance required to be performed by him, or pgrfori^nce 
 commits a breach or violation of any of the regulations and duties of duty pre- 
 by this Ordinance enjoined upon him for which no specific penalty scribed by the 
 has been provided, such rector, vicar, curate, or officiating minister, or 
 other person, shall, upon conviction of such offence before the Supreme 
 Court of British Guiana in its criminal jurisdiction, be liable to a 
 penalty of not leas than fifty or more than two hundred and fifty 
 dollars. 
 
 VOL. I,
 
 36 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1843. 
 
 Section 3. 
 
 SCHEDULE. 
 
 FORMS. 
 Form No. 1. 
 Register of Baptisms. 
 Baptisms solemnized in the Parish of 
 
 in the year 
 
 When 
 baptized. 
 
 Child's 
 
 Christian 
 
 Name. 
 
 Parents' Names. 
 
 Abode. 
 
 Quality, 
 Trade, or 
 Profession. 
 
 By whom 
 the ceremony 
 
 Christian. 
 
 Surname. 
 
 was performed. 
 
 
 
 
 
 
 
 
 Section 3. 
 
 Form No. 2. 
 Register of Burials. 
 Biirials in the Parish of 
 
 in the year 
 
 Name. 
 
 Abode. 
 
 When and where 
 buried. 
 
 Age. 
 
 By whom the ceremony 
 was performed. 
 
 Section 8. 
 
 FORM No. 3. 
 
 Certificate verifying Duplicate Register Book. 
 
 I, A.B., Rector [or as the case may he'] of the Parish \_or Chapelry] of 
 in the County of in the Colony of British Guiana, do solomnly and 
 
 sincerely testify and declare that the several entries in this book contained are 
 correct duplicate entries of the several entries contained in the several Register 
 Books of Baptisms and Burials of the Parish [or Chapelry] aforesaid from the 
 day of 1 , to the day of 1 , 
 
 and that no other entry during such period is contained in any such Register 
 Books respectively. 
 
 (Signed.) 
 
 A.B. 
 
 ORDINANCE No. 2 OF 1843. 
 
 A.D. 1843. An Ordinance for reducing the Costs of levying Exe- 
 ~~* cution in the liecovery of Colonial and Town Taxes 
 
 not exceeding One Hundred Dollars in Amount. 
 
 [25th March, 1843.] 
 
 WHEREAS the costs of levying execution for the recovery of the 
 Colonial and Tovrn Taxes are excessive and very frequently 
 exceed the amount of the tax, and it is expedient and neces- 
 sary that the amount of such costs should be reduced :
 
 A.D. 1843.] COURTS OF JUSTICE, ETC. 
 
 [No. 2. 
 
 37 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. In all cases where it may become necessary to proceed to execu- Fees for 
 
 tion for the recovery of any Colonial or Town Taxes, not exceeding recovery of 
 
 in amount the sum of one hundred dollars, the following and no Town Taxes, 
 other fees shall be chargeable : — 
 
 To the Provost Marshal's Office, for drawing; and serving 
 the Process of Summary Execution, including copies of 
 documents served therewith .... 
 
 Levying on Property, including Inventory 
 Conditions of Sale ...... 
 
 To the printer for publishing the execution sale . 
 Commission, one half per cent, on amount of sale 
 To the Office of the Chief Justice for Fiat Exeetitio 
 Taxing Costs, when necessary .... 
 
 To the Registrar for attending Sale 
 
 % 
 1 
 2 
 
 1 
 
 
 
 
 
 c. 
 00 
 00 
 25 
 00 
 
 25 
 16 
 67 
 
 2. Nothing in this Ordinance shall extend, or be construed to 
 extend, to bar any claim of distance money to which the Provost- 
 Marshal of British Guiana may be entitled for service of process of 
 execution made beyond the boundaries of the City of Georgetown and 
 the Town of New Amsterdam : Provided always that the said claim 
 for distance money shall in no case exceed two dollars. 
 
 Saving as to 
 
 distance 
 
 money. 
 
 An Order-in-Council granting: Power to the Governor 
 and Court of Policy to legislate with reference to 
 the Courts of Civil and Criminal Justice and other 
 matters. [3rd April, 1843.'] 
 
 At the Court at Buckingham Palace. 
 
 Present : 
 
 THE QUEEN'S MOST EXCELLENT MAJESTY, 
 HIS ROYAL HIGHNESS PRINCE ALBERT, 
 
 Lord President, 
 Lord Privy Seal, 
 Duke of Wellington, 
 Marquis of Exeter, 
 Lord Steward, 
 Lord Chamberlain, 
 Earl of Jersey, 
 
 Earl of Aberdeen, 
 
 Earl of Haddington, 
 
 Lord Stanley, 
 
 Lord Fitzgerald and Vesey, 
 
 Sir Robert Peel, Bart., 
 
 Sir James Graham, Bart., 
 
 Sir Edward Knatchbull, Bart. 
 
 WHEREAS by reason of certain Orders-in-Council made by Her 
 Majesty, or by some of Her Majesty's royal predecessors, 
 relating to the constitution of the Courts of Civil and Criminal 
 Justice in British Guiana, or relating to the form and manner of 
 proceeding to be observed in those Courts, or to the fees, salaries, 
 and emoluments to be received by the officers thereof or the prac- 
 titioners of the law therein, or relating to the constitution of the 
 
 ^ Published in the Colony on the 24th June, 1843. 
 VOL. I. 
 
 A.D. 1843. 
 
 — ♦ — 
 
 4a
 
 38 
 
 THE LA WS OF BRITISH GUIANA : [A.D. 1843. 
 
 Board or Boards of Orphan and Unadministered Estates, or to the 
 Orphan Chamber or Chambers, within the said Colony, or to the duties 
 and emoluments of the officers of the said Board or Boards, Chamber 
 or Chambers, or relating to the constitution of the office of the 
 Registrar of the said Colony, or to the appointment, duties, or emolu- 
 ments of such Registrar and of the Sworn Clerks, Notaries, and other 
 members of his said office, or by reason of some other Laws, Statutes 
 or Ordinances, the authority of the Governor and Court of Policy as 
 the local Legislature of the said Colony to make Laws and Ordinances 
 touching the matters aforesaid hath been denied and may be doubted ; 
 And whereas it is expedient that the said Governor and Court 
 of Policy should have and exercise authority touching all or any of 
 the matters aforesaid as fully as touching any other matters : 
 
 Granting of 
 power to the 
 Governor and 
 Court of Policy 
 to legislate 
 witli respect 
 to the Courts 
 of Justice 
 and other 
 matters. 
 
 Giving of 
 directions. 
 
 It is, therefore, hereby ordered by the Queen's Most Excellent 
 Majesty, by and with the advice of Her Majesty's Privy Council, that, 
 any such Order or Orders-in-Council, Laws, Statutes, or Ordinances as 
 aforesaid in anywise notwithstanding, it shall be lawful for the 
 Governor and Court of Policy of British Guiana, and they are hereby 
 authorized, as the local Legislature of the said Colony, from time to 
 time to make, ordain, and establish all such Laws, Statutes, and Ordin- 
 ances as to them shall seem meet lor regulating the constitution of 
 the Courts of Civil and Criminal Justice in the said Colony, or for 
 regulating the form and manner of proceeding to be observed in those 
 Courts or in any of them ; and for regulating the fees, salaries, and 
 emoluments to be received by the officers thereof, or the practitioners 
 of the law therein, save only in so far as any such salaries are 
 secured and made payable under the Ordinance of the said Governor 
 and Court of Policy for settling a civil list on Her Majesty ; and for 
 regulating whatever relates to the power and jurisdiction of the said 
 Courts, and the administration of civil and criminal justice within the 
 said Colony ; and for regulating the constitution of the Board or 
 Boards of Orphan and Unadministered Estates or Orphan Chamber or 
 Chambers within the said Colony, and the number, duties and emolu- 
 ments of the officers of the said Board or Boards, Chamber or Cham- 
 bers ; and for regulating the constitution of the office of Registrar of 
 the said Colony, or the appointment, duties, fees, and emoluments 
 of such Registrar, and of the Sworn Clerks, Notaries, and other 
 members of the said office ; and it is hereby ordered that, for the 
 various purposes aforesaid, or for any of them, the said Governor and 
 Court of Policy shall be and are hereby authorised to abrogate and 
 repeal, or to suspend the operation of, any such Orders-in-Council, 
 Laws, Statutes, or Ordinances as aforesaid, so far as the same relate to 
 the matters aforesaid, or to any of them : Provided always, and it is 
 hereby further ordered and declared, that all Laws and Ordinances so 
 to be made for the purposes aforesaid, or any of them, by the said 
 Governor and Court of Policy shall be of such and the same authority, 
 and shall be enacted, confirmed, disallowed, or amended in such and 
 the same manner, as any other Laws or Ordinances of the said 
 Governor and Court of Policy. 
 
 And the Right Honourable Lord Stanley, one of Her Majesty's 
 Principal Secretaries of State, is to give the necessary directions herein 
 accordingly.
 
 A.D. 1843.] POWERS OF LEGISLATION. 
 
 39 
 
 An Order-in-Council granting power to certain Local 
 Legislatures to revoke, alter and amend Orders relat- 
 ing to the relative Rights and Duties of Masters and 
 Servants and to other matters respectively. 
 
 [10th June, 1843\] 
 
 At the Court at Buckingham Palace. 
 
 Present : 
 THE QUEEN'S MOST EXCELLENT MAJESTY. 
 HIS ROYAL HIGHNESS PRINCE ALBERT, 
 
 A.D. 1843. 
 
 Lord Chancellor, 
 Lord President, 
 Lord Privy Seal, 
 Duke of Wellington, 
 Lord Steward, 
 Lord Chamberlain, 
 Earl of Jersey, 
 Earl of Aberdeen, 
 
 Earl of Haddington, 
 
 Earl of Ripon, 
 
 Lord Stanley, 
 
 Sir Robert Peel, Bart., 
 
 Sir Henry Hardinge, 
 
 Sir James Graham, Bart., 
 
 Sir Edward Knatchbull, Bart., 
 
 Mr. Gladstone. 
 
 WHEREAS on the 7th day of September, 1838, certain Orders 
 were made by the Queen's Most Excellent Majesty, by and 
 with the advice of Her Privy Council, for promulgation in the 
 Colonies of British Guiana, Trinidad, St. Lucia, and Mauritius, viz., 
 " An Order for regulating the relative Rights and Duties of Masters 
 and Servants," and "An Order to make provision for the Suppression 
 of Vagrancy ; " 
 
 And whereas on the 6th day of October, 1838, an Order was made 
 by Her Majesty, with the advice of Her Privy Council, for promul- 
 gation in the aforesaid Colonies, to make provision for preventing 
 encroachments on lands therein respectively situate ; 
 
 An whereas the provisions of the said recited Orders may from time 
 to time require amendments for the adaptation thereof to the exigencies 
 of society within the aforesaid Colonies ; 
 
 And whereas it is expedient that such amendments should originate 
 with the local authorities having the power of legislation in the afore- 
 said Colonies ; 
 
 Now, therefore, it is hereby ordered by the Queen's Most Excellent Granting of 
 Majesty, with the advice of Her Majesty's Privy Council, that it shall power to 
 and may be competent to the Governor, or to the officers for the Legislatures to 
 time being administering the Governments, of the aforesaid Colonies revoke, etc., 
 respectively, by any Laws or Ordinances to be by them from time to fertam Orders- 
 time made, with the advice and consent of the Legislative Councils of 
 the said Colonies respectively, or of the Court of PoHcy in the Colony 
 of British Guiana, to revoke, alter, and amend the provisions con- 
 tained in the said recited Orders ; and all such Laws and Ordinances 
 so to be made as aforesaid shall, within the Colonies aforesaid, have 
 
 in-Conncil. 
 
 1 Published in the Colony on the 12th August, 1843,
 
 40 No. 1.] THE LA WS OF BRITISH GUIANA . [A.D. 1844. 
 
 Givinfj of 
 directions. 
 
 the same force and authority as any other Laws and Ordinances of 
 the said Governors and Legislative Councils or Court respectively ; 
 anything in the said Orders above recited of the 7th day of September, 
 and cf the 6th day of October, 1838, contained to the contrary not- 
 withstanding. 1 
 
 And the Right Honourable Lord Stanley, one of Her Majesty's 
 Principal Secretaries of State, is to give the necessary directions herein 
 accordingly. 
 
 A.D. 1844. 
 
 — ♦ — 
 But see now 
 Ordinance 
 No. 16 o/ 1905. 
 
 Vesting of 
 certain land 
 occuj)ied by 
 the Lunatic 
 Asylum in 
 Georgetown 
 in Her 
 Majesty. 
 
 ORDINANCE No. 1 OF 1844. 
 
 An Ordinance to vest in Her Majesty a certain Lot of 
 Land now included in the Lunatic Asylum. 
 
 [4th May, 1844.] 
 
 WHEREAS it is necessary that the middle part of the lot of land, 
 No. 280, in the City of Georgetown, in the County of Demerara, 
 upon which, with other lots of land, the Lunatic Asylum has been 
 erected, should, for the public service, be vested in Her Majesty, her 
 heirs and successors : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . From and after the commencement of this Ordinance, the middle 
 part of the said lot of land shall be, and the same is hereby declared 
 to be, vested in Her Majesty, her heirs and successors. 
 
 A.D. 1846. 
 
 - — ♦ — 
 
 Ordinances 
 No. 5 of 1847, 
 No. 15 of 
 1847, No. 11 of 
 1894 s. 3 (2 , ■ 
 and No. 2 of 
 1902 ss. 2 and '6 
 incorporated. 
 See also 
 Ordinances 
 No. 4 of 1877, 
 and Na. 9 of 
 1898. 
 
 ORDINANCE No. 1 OF 1846. 
 
 An Ordinance to regulate the Constitution of Joint 
 Stock Companies for carrying on Undertakings of 
 a public nature, and to authorize the Taking of 
 Lands for such purposes. [15th July, 1846.] 
 
 WHEREAS, from the increasing population of the Colony and 
 the progressive development of its resources, undertakings of 
 a public nature by joint stock companies, especially the establishment 
 of railways, are likely to be introduced into the Colony ; 
 
 And whereas, benefiting by the experience of the Mother Country, 
 it is deemed expedient to comprise, in one general Ordinance, such of 
 the provisions of the several Acts of the Imperial Parliament hf^rein- 
 after mentioned as are applicable to the circumstances, state, and con- 
 dition of the Colony, that is to say, — 
 
 ^ The Orders named were revoked by Ordinance No. 26 of 1903, s. 28,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 41 
 
 3 & 4 Vict, 
 c. 97. 
 
 5 & 6 Vict, 
 c. 55. 
 
 7 & 8 Vict, 
 c. 85. 
 
 8 & 9 Vict, 
 c. 16. 
 
 1st. An Act passed in the session of the Imperial Parliament held 1&2 Vict, 
 in the first and second years of the reign of Her present Majesty, '^' 
 intituled " An Act to provide for the Conveyance of the Mails by 
 Railways ; " 
 
 2ndly. An Act passed in the session of the Imperial Parliament 
 held in the third and fourth years of the reign of Her present 
 Majesty, intituled " An Act for regulating Railways ; " 
 
 3rdlv. An Act passed in the session of the Imperial Parliament 
 held in the fifth and sixth years of the reign of Her present 
 Majesty, intituled " An Act for the Better Regulation of Railways 
 and for the conveyance of Troops ; " 
 
 4thly. An Act passed in the session of the Imperial Parliament 
 held in the seventh and eighth years of the reign of Her present 
 Majesty, intituled " An Act to attach certain Conditions to the 
 Construction of future Railways, authorized or to be authorized 
 by any Act of the present or succeeding Sessions of Parliament, 
 and for other purposes in relation to Railways ; " 
 
 5thly. An Act passed in the eighth year of the reign of Her present 
 Majesty, intituled " An Act for consohdating in one Act certain 
 provisions usually inserted in Acts with resi)ect to the Consti- 
 tution of Companies incorporated for carrying on Undertakings 
 of a public nature ; " 
 
 6thly. An Act passed in the eighth year of the reign of Her present 
 Majesty, intituled " An Act for consolidating in one Act certain 
 provisions usually inserted in Acts authorizing the Taking of 
 Lands for Undertakings of a public nature ; " 
 
 7thly. An Act passed in the eighth year of the reign of Her present 
 Majesty, intituled " An Act for consolidating in one Act certain 
 provisions usually inserted in Acts authorizing the Making of 
 Railways ; " and 
 
 8thly. An Act passed in the session of the Imperial Parliament 
 held in the eighth and ninth years of the reign of Her present 
 Majesty, intituled " An Act to restrict the Powers of selling or 
 leasing Railways contained in certain Acts of Parliament relating 
 to such Railways : " 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Companies' Clauses and Short title. 
 Powers Consolidation Ordinance, 1846. 
 
 8 & 9 Vict, 
 c. 18. 
 
 8 & 9 Vict, 
 c. 20. 
 
 8 & 9 Vict. 
 c. 96. 
 
 2. This Ordinance shall apply to every joint stock company which 
 may, by any Ordinance which may hereafter come into operation, 
 be incorporated for the purpose of carrying on any undertaking of 
 a public nature and this Ordinance shall be incorporated with such 
 Ordinance, and all the provisions of this Ordinance, save so far as 
 they may be expressly varied or excepted by any such Ordinance, 
 shall apply to the company which is incorporated by such Ordinance, 
 and to the undertaking for carrying on which such company is incor- 
 porated so far as the same may be applicable thereto respectively : 
 and such provisions, as well as the provisions of every other Ordinance 
 which may be incorporated with such Ordinance, shall, save as afore- 
 said, form part of such Ordinance, and be construed together therewith 
 as forming one Ordinance. 
 
 Application of 
 the Ordinance.
 
 42 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Construction of 3 jj^ ^^i^ construction of this Ordinance, and of other Ordinances to 
 and of be incorporated therewith, the following provisions shall have effect : — 
 
 Ordinances 
 
 incorporated The expression " the Special Ordinance " used in this Ordinance, 
 
 therewith. shall be construed to mean any Ordinance which may hereafter 
 
 come into operation, incorporating a joint stock company for 
 the purpose of carrying on any undertaking of a public nature, 
 and with which this Ordinance is so incorporated as aforesaid ; 
 and the word " prescribed " used in this Ordinance, in reference 
 to any matter herein stated, shall be construed to refer to such 
 matter as the same may be prescribed or provided for in the 
 Special Ordinance, and the sentence in which such word occurs 
 shall be construed as if, instead of the word "prescribed" the 
 expression "prescribed for that purpose in the Special Ordin- 
 ance" had been used; the expressions "the works" and "the 
 undertaking " respectively shall mean the works or under- 
 taking, of whatever nature, which may by the Special Ordinance 
 be authorized to be executed ; the expression "the lands " shall 
 mean the lands which are by the Special Ordinance authorized 
 to be taken or used for the purposes thereof ; and the expression 
 " the promoters of the undertaking " shall mean the parties, 
 whether company, undertakers, commissioners, trustees, cor- 
 porations, or private persons, by the Special Ordinance em- 
 powered to execute such works or undertaking. 
 
 Interpretation 4, jj^ ^j^jg Ordinance and in the Special Ordinance, unless the con- 
 
 of terms in the , , ^ ■ • 
 
 Ordmance ^ext Otherwise requires, — 
 
 and the Special 
 
 Ordinance. Words importing the masculine gender only shall include females : 
 
 Words importing the singular number only shall include the 
 plural number ; and words importing the plural number only 
 shall include the singular number : 
 
 " Lands " shall extend to messuages, lands, tenements, and here- 
 ditaments of any tenure : 
 
 " Lease " shall include an agreement for a lease : 
 
 " The railway " and " railway " respectively shall mean the rail- 
 way or the works or undertaking, of whatever nature, which may 
 by the Special Ordinance be authorized to be executed : 
 
 " Toll" shall include any rate or charge or other payment payable 
 under the Special Ordinance for any passenger, animal, carriage, 
 goods, merchandise, articles, matters, or things conveyed on the 
 railway : 
 
 " Goods " shall include things of every kind conveyed upon the 
 railway ; 
 
 " Month " shall mean a calendar month : 
 
 " Day " shall mean twenty -four hours computed de momento in 
 momentum : 
 
 "Oath " shall include affirmation in the case of Quakers, or other 
 declaration lawfully substituted for an oath in the case of any 
 other persons exempted by law from the necessity of taking an 
 oath : 
 
 " Justice of the Peace " and " Justice " respectively shall mean 
 and include any Stipendiary Magistrate or Justice of the 
 Peace, as the case may be, acting as such in any part of this 
 Colony, and who is not interested in the matter requiring the 
 cognizance of any such Stipendiary Magistrate or Justice of
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 43 
 
 the Peace ; and where any matter is authorized or required 
 to be done by two Justices, the expression " two Justices " shall 
 be understood to mean two Justices assembled and acting together ; 
 and where any matter is so authorised or required to be done by 
 two Justices, any Justice as aforesaid may summon the party or 
 parties before himself and another Justice, or before any two 
 other Justices, as the case may require ; and where any matter 
 is so authorized or required to be done by two Justices, the same 
 shall and may be done by any Stipendiary Magistrate : 
 
 " Court " shall mean the Supreme Court of British Guiana in its 
 civil jurisdiction, or the Chief Justice of the said Court during 
 non-session, or any of the Judges of the said Court sitting apart, 
 or any Court of competent jurisdiction, as the nature of the case 
 or the context may require : 
 
 Where, under the provisions of this or the Special Ordinance, 
 any notice is required to be given to the owner of any lands, 
 or where an act is authorized or required to be done with the 
 consent of any such owner, the word " owner " shall be under- 
 stood to mean any person or corporation who, under the pro- 
 visions of this or the Special Ordinance, or of any Ordinance 
 incorporated therewith, would be enabled to sell, and transport 
 or convey lands to the company : 
 
 "The company" shall mean the company or party which may 
 be authorized by the Special Ordinance, to construct the railway 
 or the works authorized to be constructed : 
 
 "The directors" shall mean the directors of the company and 
 shall include all persons having the direction of the undertaking, 
 whether under the name of directors, managers, committee of 
 management, or under any other name : 
 
 " Shareholder" shall mean shareholder, proprietor, or member of 
 the company ; and, in referring to any such shareholder, expres- 
 sions properly applicable to a person shall be held to apply to a 
 corporation : 
 
 " The secretary " shall mean the secretary of the company and 
 shall include the word "clerk." 
 
 " Pig " shall mean and include any boar, sow, barrow, hog or 
 pig. (2 of 1902, s. 2.) 
 
 In sub-section (2) of section 280 the word "cattle" shall not 
 include any pig without a metal ring through its nose of at least 
 one half of an inch internal diameters. (2 of 1902, s. 3), 
 
 5. Whereas it may be convenient in some cases to incorporate with Partial incor- 
 
 Ordinances hereafter to be passed some portion only of the provisions 
 of this Ordinance : Be it therefore enacted that, for the purpose of 
 making any such incorporation, it shall be sufficient in any such 
 Ordinance to enact that the provisions of this Ordinance with respect 
 to the matter so proposed to be incorporated (describing such matter 
 as it is described in this Ordinance in the heading or words intro- 
 ductory to the enactments relating to such matter), shall be incorporated 
 with such Ordinance ; and thereupon all the provisions of this 
 Ordinance with respect to the matter so incorporated shall, save so 
 far as they may be expressly varied or excepted by such Ordinance, 
 form part of such Ordinance, and such Ordinance shall be construed 
 as if the substance of such provisions were set forth therein with 
 reference to the matter to which such Ordinance may relate. 
 
 poration of the 
 Ordinance 
 with other 
 Ordinance.
 
 44 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846. 
 
 Division of 
 capital into 
 shares. 
 
 Shares to be 
 
 personal 
 
 estate. 
 
 Shareholders. 
 
 Register of 
 Shareholders. 
 
 Shareholders' 
 Address Book. 
 
 Distribution of Capital of Company into Shares, 
 
 6.^ The capital of the company shall be divided into shares of the 
 prescribed number and amount ; and such shares shall be numbered 
 in arithmetical progression, beginning with number one ; and every 
 such share shall be distinguished by its appropriate number. 
 
 7. All shares in the undertaking shall be personal estate, and 
 transmissible as such, and shall not be of the nature of real estate. 
 
 8. Every person who has subscribed the prescribed sum or upwards 
 to the capital of the company, or has otherwise become entitled to 
 a share in the company, and whose name has been entered on the 
 register of shareholders hereinafter mentioned, shall be deemed a 
 shareholder of the company. 
 
 9. The Company shall keep a book to be called the " Register 
 of Shareholders," and in such book shall be fairly and distinctly 
 entered, from time to time, the names of the several corporations, 
 and the names and additions of the several persons, entitled to shares 
 in the company, together with the number of shares to which such 
 shareholders are respectively entitled, distinguishing each share by 
 its number, and the amount of the subscriptions paid on such shares ; 
 and the surnames or corporate names of the said shareholders shall be 
 placed in alphabetical order ; and such book shall be authenticated 
 by the common seal of the company being affixed thereto, and such 
 authentication shall take place at the first ordinary meeting, or at the 
 next subsequent meeting, of the company, and so from time to time at 
 each ordinary meeting of the company. 
 
 10. — (1.) In addition to the said register of shareholders, the 
 Company shall provide a book, to be called the " Shareholders' Address 
 Book," in which the secretary shall from time to time enter in 
 alphabetical order the corporate names and places of business of the 
 several shareholders of the company, being corporations, and the sur- 
 names of the several other shareholders' with their respective 
 Christian names, places of abode, and description, so far as the same 
 may be known to the company. 
 
 (2.) Every shareholder, or, if such shareholder is a corporation, 
 the clerk or agent of such corporation, may at all convenient times 
 peruse such book without charge, and may require a copy thereof, 
 or of any part thereof : and for every hundred words so required to 
 be copied, the company may demand a sum not exceeding twenty-five 
 cents. 
 
 Issue of certifi- 
 cate of share. 
 
 1 1. — (1.) On demand of the holder of any share, the company shall 
 cause a certificate of the proprietorship of such share to be delivered 
 to such shareholder, and such certificate shall have the common seal 
 of the company affixed thereto, and shall specify the share in the 
 undertaking to which such shareholder is entitled ; and the same may 
 
 ^ Sections 6 to 134, hoth inclusive, except as incorporated with the provisions of 
 any Ordinance, and except as to any railway, were repealed by the Companies 
 Ordinance, 1864, s. 174, which was repealed by the Companies Ordinance, 1898, 
 s. 248, but without reviving the above sections.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 45 
 
 be according to the Form No. 1 contained in the Schedule to this Schedule : 
 Ordinance, or to the like effect. °"^ °' ' 
 
 (2.) For every such certificate the company may demand any sum 
 not exceeding the prescribed amount, or, if no amount is prescribed, 
 then a sum not exceeding one dollar. 
 
 12.^ Any such certificate shall be admitted in all Courts as primd Certificate to 
 facie evidence of the title of such shareholder, his heirs, executors, i^e evidence, 
 administrators, successors, or assigns, to the share therein specified ; 
 but, nevertheless, the want of such certificate shall not prevent the 
 holder of any share from disposing thereof. 
 
 13. — (1.) If any such certificate is worn out or damaged, then, upon Kenewal of 
 the same being produced at some meeting of the directors, the directors certificate, 
 may order the same to be cancelled, and thereupon another similar 
 certificate shall be given to the party in whom the property of such 
 certificate and of the share therein mentioned may be at the time 
 vested, or if such certificate is lost or destroyed, then upon proof 
 thereof, to the satisfaction of the directors, a similar certificate shall 
 be given to the party entitled to the certificate so lost or destroyed ; 
 and in either case a due entry of the substituted certificate shall be 
 made by the secretary in the register of shareholders. 
 
 (2.) For every such certificate so given or exchanged, the company 
 may demand any sum not exceeding the prescribed amount, or, if no 
 amount is prescribed, then a sum not exceeding one dollar. 
 
 Transfer or Transmission of Shares. 
 
 14. — (1.) Subject to the regulations in this Ordinance or in the General right 
 Special Ordinance contained, every shareholder may sell and transfer share" a 
 all or any of his shares in the undertaking, or all or any part of his mode of 
 interest in the capital stock of the company, in case such shares are, transfer. 
 under the provision hereinafter contained, consolidated into capital 
 stock. 
 
 (2.) Every such transfer shall be by a written instrument in 
 which the consideration shall be truly stated, and such instrument 
 may be according to the Form No. 2 contained in the Schedule to this Schedule : 
 Ordinance, or to the like effect. Fomi No. 2. 
 
 15. — (1.) An instrument of transfer (when duly executed) shall be Register of 
 delivered to the secretary, and be kept by him ; and the secretary Transfers, 
 shall enter a memorial thereof in a book to be called the " Register 
 of Transfers," and shall endorse such entry on the instrument of 
 transfer, and shall, on demand, deliver a new certificate to the 
 purchaser. 
 
 (2.) For every such entry, together with such endorsement and 
 certificate, the company may demand any sum not exceeding the 
 prescribed amount, or, if no amount is prescribed, then a sum not 
 exceeding one dollar. 
 
 (3.) On the request of the purchaser of any share, an endorsement 
 of such transfer shall be made on the certificate of such share, instead 
 of a new certificate being granted, and such endorsement, being signed 
 by the secretary, shall be considered in every respect the same as a 
 new certificate. 
 
 ^ As to the enactments on this page, see the note to 6. 6.
 
 46 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846, 
 
 (4.) Until such instrument of transfer has been so delivered to 
 the secretary as aforesaid, the vendor of the share shall continue 
 liable to the company for any calls that may be made upon such 
 share, and the purchaser of the share shall not be entitled to receive 
 any share of the profits of the undertaking or to vote in respect of 
 such share. 
 
 Restriction of 
 right of 
 transfer. 
 
 Closing of 
 transfer books. 
 
 Authentication 
 of transmission 
 of shai'e other- 
 wise than by 
 transfer. 
 
 Proof of trans- 
 mission by 
 marriage, will, 
 etc. 
 
 16.^ No shareholder shall be entitled to transfer any share, after 
 any call has been made in respect thereof, until he has paid such 
 call, nor until he has paid all calls for the time being due on every 
 share held by him. 
 
 17. — (1.) It shall be lawful for the directors to close the register 
 of transfers for the prescribed period, or, if no period is prescribed, 
 then for a period not exceeding fourteen days previous to each 
 ordinary meeting, and they may fix a day for the closing of the same, 
 of which seven days' notice shall be given by advertisement in some 
 newspaper as hereinafter mentioned. 
 
 (2.) Any transfer made during the time when the transfer books 
 are so closed shall, as between the company and the party claiming 
 under the same, but not otherwise, be considered as made subsequently 
 to such ordinary meeting. 
 
 18. — (1.) If the interest in any share has become transmitted in 
 consequence of the death, or bankruptcy, or insolvency of any share- 
 holder, or in consequence of the marriage of a female shareholder, 
 or by any other lawful means than by a transfer, according to the 
 provisions of this or the Special Ordinance, such transmission shall 
 be authenticated by a declaration in writing, as hereinafter mentioned, 
 or in such other manner as the directors may require. 
 
 (2.) Every such declaration shall state the manner in which, and 
 the party to whom, such share has been so transmitted, and shall 
 be made and signed by some credible person before any person authorized 
 to administer oaths ; and such declaration shall be left with the 
 secretary, and thereupon he shall enter the name of the person entitled 
 under such transmission in the register of shareholders. 
 
 (3.) For every such entry the company may demand any sum 
 not exceeding the prescribed amount, and, if no amount is prescribed, 
 then a sum not exceeding one dollar. 
 
 (4.) Until such transmission has been so authenticated, no person 
 claiming by virtue of any such transmission shall be entitled to 
 receive any share of the profits of the undertaking or to vote in 
 respect of any such share as the holder thereof. 
 
 19. If such transmission is by virtue of the marriage of a female 
 shareholder, the said declaration shall contain a copy of the register 
 of such marriage, or other particulars of the celebration thereof, and 
 shall declare the identity of the wife with the holder of such share ; 
 and, if such transmission has taken place by virtue of any testamentary 
 instrument or by intestacy, the probate of the will, or the letters of 
 administration, or an official copy of, or extract from, such will, or 
 probate, or letters of administration, shall, together with such declar- 
 ation, be produced to the secretary ; and, upon such production, in 
 either of the cases aforesaid, the secretary shall make an entry of the 
 declaration in the register of transfers. 
 
 1 As to the enactments on this page, eee the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 47 
 
 20.^ — (1.) The company shall not be bound to see to the execution Relationof 
 of any trust, whether express, implied, or constructive, to which any tn^ts^aflectine 
 of the shares may be subject. shares. 
 
 (2.) The receipt of the party in whose name any share for the 
 time being stands in the books of the company, or, if it stands in the 
 names of more parties than one, the receipt of one of the parties 
 named in the register of shareholders, shall from time to time be 
 a sufficient discharge to the company for any dividend or other sum 
 of money payable in respect of such share, notwithstanding any 
 trusts to which such share may then be subject, and whether or not 
 the company has had notice of such trusts ; and the company shall 
 not be bound to see to the application of the money paid upon such 
 receipt. 
 
 Payment of Subscriptions and Means of enforcing Payment of Calls. 
 
 2 1 . The several persons who have subscribed any money towards Payment of 
 the undertaking, or their legal representatives respectively, shall pay subscriptions 
 the sums respectively so subscribed, or such portions thereof as may f^jj.^^'^^ 
 from time to time be called for by the company, at such times and 
 places as may be appointed by the company ; and with respect to 
 the provisions in this Ordinance or in the Special Ordinance contained 
 for enforcing the payment of calls, the word "shareholder" shall 
 extend to and include the legal personal representatives of such 
 shareholder. 
 
 22. — (1.) It shall be lawful for the company fi'om time to time to 
 make such calls of money upon the respective shareholders in respect 
 of the amount of capital respectively subscribed or owing by them 
 as it may think fit, provided that twenty-one days' notice at the least 
 is given of each call, and that no call exceeds the prescribed amount, 
 if any, and that successive calls are not made at less than the pre- 
 scribed interval, if any, and that the aggregate amount of calls made 
 in any one year does not exceed the prescribed amount, if any. 
 
 (2.) Every shareholder shall be liable to pay the amount of the 
 calls so made, in respect of the shares held by him, to the persons, 
 and at the times and places, from time to time appointed by the 
 company. 
 
 23. If, before or on the day appointed for payment, any shareholder 
 does not pay the amount of any call to which he is liable, then such 
 shareholder shall be liable to pay interest for the same at the rate 
 allowed by law from the day appointed for the payment thereof to 
 the time of the actual payment. 
 
 24. It shall be lawful for the company, if it thinks fit, to receive 
 from any of the shareholders willing to advance the same, all or any 
 part of the moneys due upon their respective shares beyond the sums 
 actually called for, and upon the principal moneys so paid in advance, 
 or so much thereof as from time to time may exceed the amount of the 
 calls then made upon the shares in respect of which such advance may 
 be made, the company may pay interest at such rate, not exceeding 
 the legal rate of interest for the time being, as the shareholder paying 
 such sum in advance and the company may agree upon. 
 
 ' As to the enactments on this page, see the note to s. 6. 
 
 Power to 
 make calls. 
 
 Liability for 
 interest on 
 impaid call. 
 
 Power to 
 allow interest 
 on pajTnent of 
 subscriptions 
 before call.
 
 48 
 
 No. 1.1 THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Enforcement 
 of call by 
 action. 
 
 Particulars in 
 action for call. 
 
 Matters to be 
 proved in 
 action for call. 
 
 25.^ If, at the time appointed by the company for the payment of 
 any call, any shareholder fails to pay the amount of such call, it shall 
 be lawful for the company to sue such shareholder for the amount 
 thereof in any Court of competent jurisdiction, and to recover the 
 same, with lawful interest frum the day on which such call was 
 payable. 
 
 26, In any action or suit to be brought by the company against 
 any sharehoLier to recover any money due for any call, it shall not be 
 necessary to set forth the special matter, but it shall be sufficient for 
 the company to declare that the defendant is the holder of one share or 
 more in the company (stating the number of shares), and is indebted 
 to the company in the sum ot' money to which the calls in arrear may 
 amount in respect of one call or more upon one share or more 
 (stating the number and amount of each of such calls), whereby an 
 action has accrued to the company by virtue of this and the Special 
 Ordinance. 
 
 27. — (1.) On the trial or hearing of any such action or suit it shall 
 be sufficient to prove that the defendant, at the time of making such 
 call, was the holder of one share or more in the undertaking, and that 
 such call was in fact made, and such notice thereof given as is directed 
 by this or the Special Ordinance ; and it shall not be necessary to 
 prove the appointment of the directors who made such call or any 
 matter whatsoever ; and thereupon the company shall be entitled to 
 recover what may be due upon such call, with interest thereon, unless 
 it appears either that any such call exceeds the prescribed amount, or 
 that due notice of such call was not given, or that the prescribed 
 interval between two successive calls had not elapsed, or that calls 
 amounting to more than the sum prescribed tor the total amount of 
 calls in one year had been made within that period. 
 
 (2.) The production of the register of shareholders, or a copy of 
 or extract therefrom certified by the secretary of the company, shall 
 be primd facie evidence of such defendant being a shareholder, and 
 of the number and amount of his shares. 
 
 Power to 
 declare share 
 forfeited for 
 non-payment 
 of call. 
 
 Proceedings 
 to be taken 
 before exercise 
 of power of 
 forfeiture. 
 
 Forfeiture of Shares for Non-Payment of Calls. 
 
 28. If any shareholder fails to pay any call payable by him, together 
 with the interest, if any, that may have accrued thereon, the directors, 
 at any time after the expiration of two months from the day appointed 
 for payment of such caU, may declare the share in respect of which 
 such call was payable forfeited, and may do so whether the company 
 has sued for the amount of such call or not. 
 
 29. Before declaring any share forfeited, the directors shall cause 
 notice of such intention to be left at or transmitted by the post to the 
 usual or last place of abode of the person appearing by the register of 
 shareholders to be the proprietor of such share ; and if the holder of 
 any such share is abroad, or if his usual or last place of abode is not 
 known to the directors, by reason of its being imperfectly described 
 in the shareholders' address book or otherwise, or if the interest in 
 any such share is known by the directors to have become transmitted 
 otherwise than by transfer, as hereinbefore mentioned, but a declara- 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 49 
 
 tion of such transmission, has not been registered as aforesaid, and so 
 the address of the parties to whom the same liiay have been trans- 
 mitted, or may for the time being belong, is not known to the 
 directors, the directors shall give public notice of such intention in 
 The London Gazette and in The Oficial Gazette of the Colony, and 
 also in some newspaper, as hereinafter mentioned ; and the several 
 notices aforesaid shall be given twenty-one days at least before the 
 directors make such declaration of forfeiture. 
 
 30.^ A declaration of forfeiture shall not take effect so as to authorize 
 the sale or other disposition of any share until such declaration has 
 been confirmed at some general meeting of the company, to be held 
 after the expiration of two months at the least from the day on which 
 such notice of intention to make such declaration of forfeitui-e has been 
 given ; and it shall be lawful for the company to confirm such forfeiture 
 at any such meeting, bj an order at such meeting, or, at any subsequent 
 general meeting, to direct the share so forfeited to be sold or otherwise 
 disposed of. 
 
 31. After such confirmation as aforesaid, it shall be lawful for 
 the directors to sell the forfeited share, either by public auction or 
 private contract, and, if there are more than one such forfeited share, 
 then either separately or together, as to them may seem fit, and any 
 shareholder may purchase any forfeited share so sold. 
 
 32. — (1.) A declaration in writing by some credible person not 
 interested in the matter, made before any person duly authorized to 
 administer oaths as aforesaid, that the call in respect of a share was 
 made, and notice thereof given, and that default in payment of the 
 call was made, and that the forfeiture of the share was declared and 
 confirmed in manner hereinbefore required, shall be sufficient evidence 
 of the facts therein stated. 
 
 (2.) Such declaration, and the receipt of the treasurer of the 
 company for the price of such share, shall constitute a good title to 
 such share, and a certificate of proprietorship shall be delivered to 
 such purchaser, and thereupon he shall be deemed the holder of such 
 share, discharged from all calls due prior to such purchase ; and he 
 shall not be bound to see to the application of the purchase money, 
 nor shall his title to such share be affected by any irregularity in the 
 proceedings in reference to such sale. 
 
 33. The company shall not sell or transfer more of the shares of 
 any such defaulter than will be sufficient, as nearly as can be ascer- 
 tained at the time of such sale, to pay the arrears then due from such 
 defaulter on account of calls, together with interest and the expenses 
 attending the declaration of forfeiture and sale ; and if the money pro- 
 duced by the sale of any such forfeited shares is more than sufficient 
 to pay all arrears of calls and interest thereon due at the time of 
 such sale, and the expenses attending the declaration of forfeiture 
 and sale thereof, the surplus shall, on demand, be paid to the 
 defaulter. 
 
 34. If payment of such arrears of calls, and interest and expenses, 
 is made before any share so forfeited and vested in the company has 
 been sold, such share shall revert to the party to whom the same 
 
 i As to the enactments on this page, see the note to s. 6. 
 
 Confirmation 
 of forfeiture 
 at general 
 meeting. 
 
 Sale of forfeited 
 share. 
 
 Evidence as 
 forfeiture of 
 share. 
 
 to 
 
 Limitation of 
 power to sell 
 shares of 
 defaulting 
 shareholder. 
 
 PajTnent of 
 an-ears before 
 sale.
 
 50 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 belonged before such forfeiture, in such manner as if such calls had 
 been duly paid. 
 
 Remedies of Creditors of Company against Shareholders. 
 
 Liability of 
 shareholders, 
 on execution 
 issued against 
 company, to 
 extent of 
 shares not paid 
 up. 
 
 Right of 
 shareholder 
 satisfying 
 execution 
 to reimburse- 
 ment. 
 
 Mode of 
 
 borrowing 
 
 money. 
 
 Power to re- 
 borrow money 
 paid off. 
 
 Evidence of 
 authority for 
 borrowing. 
 
 35.' — (1-) If any execution, either at law or in equity, has been 
 issued against the property or effects of the company, and if there 
 cannot be found sufficient whereon to levy such execution, then such 
 execution may be issued against any of the shareholders to the extent 
 of their shares respectively in the capital of the company not then 
 paid up : Provided always that no such execution shall issue against 
 any shai'eholder except upon an order of the Court in which the action, 
 suit, or other proceeding has been brought or instituted, made upon 
 motion in open Court, after sufficient notice in writing to the persons 
 sought to be charged ; and, upon such motion, such Court may order 
 execution to issue accordingly. 
 
 (2.) For the purpose of ascertaining the names of the shareholders, 
 and the amount of the capital remaining to be paid up on their 
 respective shares, it shall be lawful for any person entitled to any such 
 execution, at all reasonable times, to inspect the register of shareholders 
 without charge. 
 
 36. If, by means of any such execution, any shareholder has paid 
 any sum of money beyond the amount then due from him in respect of 
 calls, he shall forthwith be reimbursed such additional sum by the 
 directors out of the funds of the company. 
 
 Borroiving of Money by Company on Mortgage or Bond. 
 
 37. If the company is authorised by the Special Ordinance to 
 borrow money on mortgage or bond, it shall be lawful for it, subject to 
 the restrictions contained in the Special Ordinance, to borrow on 
 mortgage or bond such sums of money as may from time to time, by 
 an order of a general meeting of the company, be authorized to be 
 borrowed, not exceeding in the whole sum prescribed by the Special 
 Ordinance, and for securing the rejiayment of the money so borrowed, 
 with interest, to mortgage the undertaking and the future calls on 
 shareholders, or to give bonds in manner hereinafter mentioned : 
 Provided that the company shall not be authorized to borrow any 
 money until fifty per cent, of the whole of its capital has been paid up, 
 and shall not be authorized in any case to borrow a larger sum than 
 one-third of its capital. 
 
 38. If, after having borrowed any part of the money so authorized 
 to be borrowed on mortgage or bond, the company pays off the same, 
 it shall be lawful for it again to borrow the amount so paid off, and 
 so from time to time ; but such power of re-borrowing shall not be 
 exercised without the authority of a general meeting of the company, 
 unless the money is so re-borrowed in order to pay off any existing 
 mortgage or bond. 
 
 39. — (1.) Where by the Special Ordinance the company is restricted 
 from borrowing any money on mortgage or bond until a definite 
 portion of its capital has been subscribed or paid up, or where, by 
 this or the Special Ordinance, the authority of a general meeting is 
 
 1 As to the enactments on this page, aee the note to a. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 51 
 
 required for such borrowing, the certificate of a Justice that such 
 definite portion of the capital has been subscribed or paid up, and 
 a copy of the order of a general meeting of the company authorizing 
 the borrowing of any money, certified by one of the directors, or by 
 the secretary, to be a true copy, shall be sufficient evidence of the fact 
 of the capital requii-ed to be subscribed or paid up having been so 
 subscribed and paid up, and of the order for borrowing money having 
 been made. 
 
 (2.) On production to any Justice of the books of the company, 
 and of such other evidence as he may think sufficient, such Justice 
 shall grant the certificate aforesaid. 
 
 40.^ — (1.) Every mortgage and bond for securing money borrowed Form of 
 by the company shall be by deed or instrument under the common "oi'tg'^se and 
 seal of the company, wherein the consideration shall be truly stated. 
 
 (2.) Every such mortgage deed shall be made and executed in 
 manner and form prescribed by law, and every such bond may be 
 according to the Form No. 3 contained in the Schedule to this Schedule : 
 Ordinance, or to the like effect. ^°™ ^''- ^■ 
 
 41. The respective mortgagees shall be entitled, one with another. Eights of 
 to their respective proportions of the tolls, sums, and premises com- mortgagees, 
 prised in such mortgages, and of the future calls payable by the 
 shareholders, if compi'ised therein, according to the respective sums 
 
 in such mortgages mentioned to be advanced by such mortgagees 
 respectively, and to be repaid the sums so advanced, with interest, 
 without any preference, one above another, by reason of pi'iority of 
 the date of any such mortgage or of the general meeting at which the 
 same was authorized. 
 
 42. No such mortgage (although it should comprise future calls on Application of 
 the shareholders) shall, unless expressly so provided, preclude the gt^l^^^i^*^^*^' 
 company from recei\'ing and applying to the purposes of the company mortgage. 
 any calls to be made by the company. 
 
 43. The respective obligees in such bonds shall, proportionally Eights of 
 according to the amount of the moneys secured thereby, be entitled to obligees. 
 be paid, out of tolls or other property or effects of the company, the 
 respective sums in such bonds mentioned, and thereby intended to be 
 secured, without any preference, one above another, by reason of 
 priority of date of any such bond or of the general meeting at which 
 
 the same was authorized, or otherwise howsoever. 
 
 44. — (1.) A register of mortgages and bonds shall be kept by the Eegister of 
 secretary, and, within fourteen days after the date of any such mortgages and 
 mortgage or bond, an entry or memorial, specifying the number and 
 date of such mortgage or bond, and the sum secured thereby, and the 
 names of the parties thereto, with their proper additions, shall be made 
 in such register. 
 
 (2.) Such register may be perused, at all reasonable times, by any 
 of the shareholders, or by any mortgagee or bond creditor of the 
 company, or by any person interested in any such mortgage or bond, 
 without charge. 
 
 ^ As to the enactments on this page, see the note to s. 6. 
 VOL. I.
 
 52 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846 
 
 Right and 
 mode of 
 transfer of 
 mortgage or 
 bond. 
 
 Schedule : 
 Form No. 4. 
 
 Registration 
 of transfer of 
 mortgage or 
 bond. 
 
 Payment of 
 interest on 
 money 
 borrowed. 
 
 Repayment 
 of money 
 borrowed 
 at time fixed. 
 
 Repayment 
 of money 
 borrowed 
 where no time 
 fixed. 
 
 45.^ — (1.) Any person entitled to any such mortgage or bond may 
 from time to time transfer his right and interest therein to any other 
 person. 
 
 (2.) Every such transfer shall be by instrument in writing, 
 wherein the consideration shall be truly stated, and may be according 
 to the Form No. 4 contained in the Schedule to this Ordinance, or to 
 the like effect. 
 
 46. — (1.) Within thirty days after the date of every such transfer, 
 if executed within the Colony, or, otherwise, within thirty days after 
 the arrival thei'eof in the Colony, it shall be produced to the secre- 
 tary, and thereupon the secretary shall cause an entry or memorial 
 thereof to be made in the same manner as in the case of the original 
 mortgage ; and after such entry every such transfer shall entitle the 
 transferee to the full benefit of the original mortgage or bond in all 
 respects. 
 
 (2.) No party having made any such transfer shall have power 
 to make void, release, or discharge the mortgage or bond so transferred, 
 or any money thereby secured. 
 
 (3.) For every such entry the company may demand a sum not 
 exceeding the prescribed sum, or, if no sum is prescribed, the sum of 
 one dollar ; and until such entry the company shall not be in any 
 manner responsible to the transfeiee in respect of any such mortgage. 
 
 47. The interest of the money borrowed upon any such mortgage or 
 bond shall be paid at the periods appointed in such mortgage or bond, 
 and, if no period is appointed, half-yearly, to the several parties entitled 
 thereto, and in preference to any dividends payable to the shareholders 
 of the company. 
 
 48. The company may, if it thinks proper, fix a period for the 
 repayment of the principal money so borrowed, with the interest 
 thereof ; and in such case the company shall cause such period to 
 be inserted in the mortgage deed or bond, and, upon the expiration 
 of such period, the principal sum, together with the arrears of interest 
 thereon, shall, on demand, be paid to the party entitled to such 
 mortgage deed or bond, and, if no other place of payment is inserted 
 in such mortgage deed or bond, such principal and interest shall be 
 payable at the principal office or place of business of the company, in 
 this Colony or elsewhere, as the case may require. 
 
 49. — (1.) If no time is fixed in the mortgage deed or bond for the 
 repayment of the money so borrowed, the party entitled to such mort- 
 gage deed or bond may, at the expiration or at any time after the 
 expiration of twelve months from the date of such mortgage deed or 
 Ijond, demand payment of the principal money thereby secured, with 
 all arrears of interest, upon giving six months' previous notice for that 
 purpose ; and in the like case the company may at any time pay off the 
 money borrowed on giving the like notice. 
 
 (2.) Every such notice shall be in writing, and, if given by a 
 morl;gagee or bond creditor, shall be delivered to the secretary, or left 
 at the principal office; of the company in this Colony or elsewhere, as 
 the case may require, and, if given by the company, shall be given 
 either personally to such mortgagee or bond creditor or left at his 
 residence, or, if such mortgagee or bond creditor is unknown tt) the 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 53 
 
 Cesser of 
 interest on 
 expiration of 
 notice to pay 
 off mortgage 
 or bond. 
 
 Power In 
 certain cases 
 for mortgagees 
 to enforce 
 pujnnent of 
 arrears of 
 interest by 
 appointment 
 of receiver. 
 
 directors, or cannot after dilij^ent inquiry be found, such notice shall be 
 given by advertisement in TJie London Gazette and The Official Gazette 
 of the Colony, and in some newspaper as hereinafter mentioned. 
 
 50.^ If the company has given notice of its intention to pay off any 
 such mortgage or bond, at a time when the same may lawfully be paid 
 off by it, then at the expiration of such notice all further interest shall 
 cease to be payable on such mortgage or bond, unless, on demand of 
 payment made pursuant to such notice or at any time thereafter, the 
 company fails to pay the principal and interest due at the expiration of 
 such notice on such mortgage or bond. 
 
 51. Where ])y the Special Ordinance the mortgagees of the company 
 are empowered to enforce the payment of the arrears of interest, or 
 of the arrears of principal and interest, due on such mortgage, by 
 the appointment of a receiver, then if, within thirty days after the 
 interest accruing upon any such mortgage has become payable, and 
 after demand thereof in writing, the same is not paid, the mortgagee 
 may, without prejudice to his right to sue for the interest so in arrear 
 in any Court of competent jurisdiction, require the appointment of 
 a receiver, by an application to be made as hereinafter provided ; 
 and if, within six months after the principal money owing upon any 
 such mortgage has become payable, and after demand thereof in 
 writing, the same is not paid, the mortgagee, without prejudice to 
 his right to sue for such principal money, together with all arrears 
 of interest, in any Court of competent jurisdiction, may, if his debt 
 amounts to the prescribed sum, alone, or if his debt does not amount 
 to the prescribed sum, such mortgagee may, in conjunction with other 
 mortgagees whose debts, being so in arrear after demand as aforesaid, 
 together with his, amount to the prescribed sum, require the appoint- 
 ment of a receiver, by an application to be made as hereinafter provided. 
 
 52. — (1.) Every application for a receiver in the cases aforesaid Application 
 shall be made to two Justices ; and, upon any such application, it shall appoHftment of 
 be lawful for buch Justices, by order in writing, after hearing the receiver, 
 parties, to appoint some person to receive the whole or a competent 
 part of the tolls or sums liable to the payment of such interest or such 
 principal and interest, as the case may be, until such interest, or 
 such principal and interest, as the case may be, together with all costs, 
 including the charges of receiving the tolls or sums aforesaid, has or 
 have been fully paid. 
 
 (2.) On such appointment being made, all such tolls and sums of 
 money as aforesaid shall be paid to, and received by, the person so to 
 be appointed ; and the money so to be received shall be so much money 
 received by or to the use of the party to whom such interest or such 
 principal and interest, as the case may be, is or are then due, and on 
 whose behalf such receiver has been appointed. 
 
 (3.) After such interest and costs, or such principal, interest and 
 costs, have been so received, the power of such receiver shall cease. 
 
 53. At all reasonable times the books of account of the company Right of access 
 
 shall be open to the inspection of the respective mortgagees and bond by mortgagees 
 
 creditors thereof, with liberty to take any extracts therefrom, without creditors to 
 charge. 
 
 books of 
 account. 
 
 ^ As to the enactments on this page, see the note to s. 6. 
 VOL. I. 
 
 5a
 
 54 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846 
 
 Power to raise 
 money by 
 creating new 
 shares, etc. 
 
 Character of 
 new shares. 
 
 Right of 
 shareholders, 
 if existing 
 shares are at a 
 premium, to 
 subscribe for 
 new shares. 
 
 Dealing with 
 new shares. 
 
 Case of exist- 
 ing shares not 
 being at a 
 premium. 
 
 Power to 
 consolidate 
 shares into 
 stock. 
 
 Conversion of Borrowed Money into Capital. 
 
 54.^ It shall be lawful for the company, if it thinks fit, unless it is 
 otherwise provided by the Special Ordinance, to raise the additional 
 sum so authorised to be borrowed, or any part thereof, by creating new 
 shares of the company, instead of borrowing the same, or, having 
 borrowed the same, to continue at interest only a part of such 
 additional sum, and to raise part thereof by creating new shares ; but 
 no such augmentation of capital as aforesaid shall take place without 
 the previous authority of a general meeting of the company. 
 
 55. The capital so to be raised by the creation of new shares shall 
 be considered as part of the general capital of the company, and shall 
 be subject to the same provisions in all respects, whether with reference 
 to the payment of calls, or the forfeiture of shares on non-payment of 
 calls, or otherwise, as if it had been part of the original capital, 
 except as to the times of making calls for such additional capital and 
 the amount of such calls, which respectively it shall be lawful for the 
 company from time to time to fix as it may think fit. 
 
 56. If, at the time of any such augmentation of capital taking 
 place by the creation of new shares, the then existing shares of the 
 company are at a premium or of greater actual value than the 
 nominal value thereof, then, unless it is otherwise provided by the 
 Special Ordinance, the sum so to be raised shall be divided into shares 
 of such amount as will conveniently allow the same to be apportioned 
 among the then shareholders in proportion to the existing shares held 
 by them respectively ; and such new shares shall be offered to the 
 then shareholders in the proportion aforesaid, and such offer shall ^be 
 made by letter under the hand of the secretary given to or sent by 
 post, addressed to each shareholder according to his address in the 
 shareholders' address book, or left at his usual or last place of abode. 
 
 57. The said new shares shall vest in and belong to the share- 
 holders who may accept the same and pay the value thereof to the 
 company at the time and by the instalments which may be fixed by 
 the company ; and if any shareholder fails, for one month after such 
 offer of new shares, to accept the same and pay the instalments called 
 for in respect thereof, it shall be lawful for the company to dispose of 
 such shares in such manner as it may deem most for the advantage 
 of the company. 
 
 58. If, at the time of any such augmentation of capital taking 
 place by the creation of new shares, the then existing shares of the 
 company are not at a premium, then such new shares may be of such 
 amount, and may be issued in such manner and on such terms, as the 
 company may think fit. 
 
 Consolidation of Shares into Stock. 
 
 59. It shall be lawful for the company from time to time, with the 
 consent of three-fifths of the votes of the shareholders present in 
 person or by proxy at any general meeting of the company, held in 
 the Colony or elsewhere, when due notice for that purpose has been 
 given, to convert or consolidate all or any part of the shares then 
 
 Ah to the enactments on this page, see the note to s. 6,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 55 
 
 existing in the capital of the company, and in respect whereof the 
 whole money subscribed has been paid up, in a general capital stock, 
 to he divided amongst the sliareholders according to their respective 
 interests therein. 
 
 60.^ — (1.) After such conversion or consolidation has taken place. Right of 
 all the provisions contained in this or the Special Ordinance which g[oJ*"to°tran8- 
 require or imply that the capital of the company shall be divided into fer same, 
 shares of any fixed amount and distinguished by numbers, shall, as to 
 so much of the capital as may have been so converted or consolidated 
 into stock, cease and be of no effect, and the several holders of such 
 stock may thenceforth transfer their respective interests therein, or any 
 parts of such interests, in the same manner and subject to the same 
 regulations and provisions as or according to which any shares in the 
 capital of the company might be transferred under the provisions of 
 this or the Special Ordinance. 
 
 (2.) The company shall cause an entry to be made, in some book 
 to be kept for that purpose, of every such transfer, and for every such 
 entry the company may demand any sum not exceeding the prescribed 
 amount, or, if no amount is prescribed, a sum not exceeding one 
 dollar. 
 
 6 1 . The company shall from time to time cause the names of the Register of 
 several parties who may be interested in any such stock as aforesaid, Consolidated 
 with the amount of the interest therein possessed by them respectively, stock 
 
 to be entered in a book to be kept for the purpose, and to be called 
 " The Register of Holders of Consolidated Stock ; " and such book 
 shall be accessible at all reasonable times to the several holders of 
 shares or stock in the undertaking. 
 
 62. The several holders of such stock shall be entitled to participate Rights of 
 in the dividends and profits of the company, according to the amount piopnetors 
 of their respective interests in such stock, and such interests shall, in dividends and 
 proportion to the amount thereof, confer on the holders thereof profits. 
 respectively the same privileges and advantages, for the purpose 
 
 of voting at meetings of the company, for qualification for the 
 office of directors, and for other purposes, as would have been conferred 
 by shares of equal amount in the capital of the company ; but so that 
 none of such privileges or advantages, except the participation in 
 the dividends and profits of the company, shall be cimferred by any 
 aliquot part of such amount of consolidated stock as would not, 
 if existing in shares, have conferred such privileges or advantages 
 respectively. 
 
 63. All the money raised by the company, whether by subscrip- Application of 
 tions of the shareholders or by loan or otherwise, shall be applied, first, capital. 
 
 in paying tlie costs and expenses incurred in obtaining the Special 
 Ordinance and all expenses incident thereto, and, secondly, in carrying 
 the purposes of the company into execution. 
 
 General Meetings of Company, and Exercise of Right of 
 Voting hy Shareholders. 
 
 64. — (1.) The first general meeting of the shareholders of the Ordinary 
 company shall be held within the prescribed time, or, if no time is ^^^^ 
 
 ^ As to the enactments on this page, see the note to s, 6.
 
 56 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 prescribed, within four months after the passing of the Special Ordi- 
 nance, and the future general meetings shall be held at the prescribed 
 periods, and, if no periods are prescribed, in the months of February 
 and August in each year, or at such other stated periods as may be 
 appointed for that purpose by an order of a general meeting. 
 
 (2.) The meetings so appointed to be held as aforesaid shall be 
 called " ordinary meetings," and all meetings, whether ordinary or 
 extraordinary, shall be held in the prescribed place, if any, and, if 
 no place is prescribed, then at some place to be appointed by the 
 directors. 
 
 Business at 
 
 ordinary 
 
 meeting. 
 
 Extraordinary 
 
 general 
 
 meetings. 
 
 Business at 
 
 extraordinary 
 
 meeting. 
 
 Power to 
 shareholders 
 to require 
 extraordinary 
 meeting to be 
 held. 
 
 Notice of 
 meetings. 
 
 65.^ No matters, except such as may be appointed by this or the 
 Special Ordinance to be done at an ordinary meeting, shall be trans- 
 acted at any such meeting, unless special notice of such matters has 
 been given in the advertisement convening such meeting. 
 
 66. Every general meeting of the shareholders, other than an or- 
 dinary meeting, shall be called an " extraordinary meeting," and such 
 meetings may be convened by the directors at such times as they may 
 think fit. 
 
 67. No extraordinary meeting shall enter upon any business not 
 set forth in the notice upon whicn it has been convened. 
 
 68. — (1.) It shall be lawful for the prescribed number of share- 
 holders holding in the aggregate shares to the prescribed amount, or, 
 where the number of shareholders or amount of shares is not pre- 
 scribed, it shall be lawful for twenty or more shareholders, holding 
 in the aggregate not less than one-tenth of the capital of the com- 
 pany, by writing under their hands, at any time to require the 
 directors to call an extraordinary meeting of the company. 
 
 (2.) Such requisition shall fully express the object of the meeting 
 required to be called, and shall be left at the office of the company, 
 or given to at least three directors, or left at their last or usual places 
 of abode. 
 
 (3.) Forthwith upon the receipt of such requisition, the directors 
 shall convene a general meeting of the shareholders, and if, for twenty- 
 one days after such notice, the directors fail to call such meeting, the 
 prescribed number, or such other number as aforesaid, of shareholders, 
 qualified as aforesaid, may call such meeting by giving fourteen days' 
 public notice thereof. 
 
 69. Fourteen days' public notice at the least of every general 
 meeting, whether ordinary or extraordinary, shall be given by 
 advertisement, which shall specify the place, the day, and the hour 
 of meeting ; and every notice of an extraordinary meeting, or of an 
 ordinary meeting, if any other business than the business hereby or 
 by the Special Ordinance appointed for ordinary meetings is to be 
 done thereat, shall specify the purpose for which the meeting is 
 called. 
 
 Quorum for 
 
 general 
 
 meeting. 
 
 70. — (1.) In order to constitute a general meeting (whether or- 
 (Hnary or extraordinary) there shall be present, either personally or 
 by proxy, the prescribed quorum, and, if no quorum is prescribed, then 
 shareholders holding in the aggregate not less than one-twentieth of 
 
 As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 tl 
 
 the capital of the company, and being in number not less than one 
 for every five huniired pounrls of such required proportion of capital, 
 unless such number would be more than twenty, in wliich case twenty 
 shareholders, holding not less than one-twentieth of the capital of the 
 company, shall be the quorum. 
 
 (2.) If, within one hour from the time appointed for any such 
 meeting, the said quorum is not present, no business shall be trans- 
 acted at the meeting other than the declaring of a dividend, in case 
 that is one of the objects of the meeting ; but such meeting shall, 
 except in the case of a meeting for the election of directors, herein- 
 after mentioned, be held to be adjourned sine die. 
 
 71/ At every general meeting one or other of the tbllovving persons 
 shall preside as chairman, that is to say, the chairman of the directors, 
 or, in his absence, the deputy chairman if any, or, in the absence of 
 the chairman and deputy chairman, some one of the directors of the 
 Company to be chosen for that purpose by the meeting, or, in the 
 absence of the chairman and deputy chairman and of all the directors, 
 any shareholder to be chosen for that purpose by a majority of the 
 shareholders present at such meeting. 
 
 72. — (1.) The shareholders present at any general meeting shall 
 proceed in the execution of the powers of the company with respect to 
 the matters for which such meeting has l^een convened, and those only. 
 (2.) Every such meeting may be adjourned from time to time and 
 from place to place ; and no business shall be transacted at any 
 adjourned meeting other than the business left unfinished at the 
 meeting from which such adjournment took place. 
 
 73. At any general meeting every shareholder shall be entitled to 
 vote according to the prescribed scale of voting, and where no scale 
 is prescribed, every shareholder shall have one vote for every share up 
 to ten, and he shall have an additional vote for every five shares beyond 
 the first ten shares held by him up to one hundred, and an additional 
 vote for every ten shares held by him beyond the first hundred shares : 
 Provided always that no shareholder shall l)e entitled to vote at any 
 meeting unless he has paid all the calls then due upon the shares held 
 by him. 
 
 74. — (1.) The votes may be given either personally or by proxies, 
 being shareholders, authorized by writing, according to the Form No. 5 
 contained in the Schedule to this Ordinance, or in a form to the like 
 effect, under the hand of the shareholder nominating such proxy, or, if 
 such shareholder is a corporation, then under its common seal. 
 
 (2.) Every proposition at any general meeting shall be deter- 
 mined by the majority of votes of the parties present, including 
 proxies, the chairman of the meeting being entitled to vote not only as 
 a principal and proxy, but to have a casting vote, if there is an equality 
 of votes. 
 
 75. No person shall be entitled to vote as a proxy unless the 
 instrument appointing such proxy has bee a transmitted to the secre- 
 tary within the prescribed period, or, if no period is prescribed, not 
 less than forty-eight hours before the time appointed for holding the 
 meeting at which such proxy is to be used. 
 
 Cliainnaii ;it 
 
 general 
 
 meeting. 
 
 Transaction of 
 business at 
 meeting, and 
 adjournment. 
 
 Votes of 
 shareholders. 
 
 Mode of 
 
 voting. 
 Schedule : 
 Form No. 5. 
 
 Eegiilations as 
 to proxies. 
 
 ^ As to the eaaotments on this page, see the note to s. 6.
 
 58 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Votes of joiiit 
 sliareholders. 
 
 Votes of 
 lunatics and 
 minors. 
 
 Evidence of 
 proceeding 
 having been 
 carried by 
 requisite 
 majority. 
 
 76.^ If several persons are jointly entitled to a share, the person 
 whose name stands first in the register of shareholders as one of the 
 holders of such share shall, for the purpose of voting at any general 
 meeting, be deemed the sole proprietor thereof, and on all occasions 
 the vote of such first-named shareholder, either in person or by proxy, 
 shall be allowed as the vote in respect of such share, without proof of 
 the concurrence of the other holders thereof 
 
 77. If any shareholder is a lunatic or idiot, such lunatic or idiot 
 may vote by his committee or curator, and if any shareholder is a 
 minor, he may vote by his guardian or any one of his guardians, and 
 every such vote may be given either in person or by proxy. 
 
 78. Whenever in this or the Special Ordinance the consent of any 
 particular majority of votes at any general meeting is required in 
 order to authorize any proceeding of the company, such particular 
 majority shall only be required to be proved in the event of a poll 
 being demanded at such meeting ; and, if such poll is not demanded, 
 then a declaration by the chairman that the resolution authorizing 
 such proceeding has been carried, and an entry to that effect in the 
 book of proceedings of the company, shall be sufficient authority for 
 such proceeding, without proof of the number or proportion of votes 
 recorded in favour of or against the same. 
 
 Number of 
 directors. 
 
 Increase or 
 reduction of 
 number of 
 directors. 
 
 Election of 
 directors. 
 
 Continuance 
 of existing 
 directors on 
 
 Ap20ointment and Rotation of Directors. 
 
 79. The number of directors shall be the prescribed number. 
 
 80. Where the company is authorized by the Special Ordinance to 
 increase or reduce the number of the directors, it shall be lawful for 
 the company from time to time in general meeting, after due notice 
 for that purpose, to increase or reduce the number of the directors 
 within the prescribed limits, if any, and to determine the order of 
 rotation in which such reduced or increased number shall go out of 
 office, and what number shall be a quorum at their meetings. 
 
 81. — (1.) The directors appointed by the Special Ordinance shall, 
 unless thereby otherwise provided, continue in office until the first 
 ordinary meeting to be held in the year next after that in which the 
 Special Ordinance has been passed ; and at such meeting the share- 
 holders present, personally or by proxy, may either continue in office 
 the directors appointed by the Special Ordinance, or any number 
 of them, or may elect a new body of directors, or directors to supply 
 the places of those not continued in office, the directors appointed by 
 the Special Ordinance being eligible as members of such new body. 
 
 (2.) At the first ordinary meeting to be held in every year thereafter, 
 the shareholders present, personally or by proxy, shall elect persons 
 to supply the places of the directors then retiring from office, agree- 
 ably to the provisions hereinafter contained ; and the several persons 
 elected at any such meeting, being neither removed, nor disqualified, 
 nor having resigned, shall continue to be directors until others are 
 elected in their stead, as hereinafter mentioned. 
 
 82. If, at any meeting at which an election of directors ought to 
 take place, the prescribed quorum is not present within one hour 
 
 Ah to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 59 
 
 from the time appointed for the meeting, no election of directors shall failure of 
 be made, but such meeting shall stand adjourned to the following day "je^tion V 
 at the same time and place ; and if, at the meeting so adjourned, the directors, 
 prescribed quorum is not present within one hour from the time 
 appointed for the meeting, the existing directors shall continue to act 
 and retain their powers until new directors are appointed at the first 
 ordinary meeting of the following year. 
 
 83.^ No person shall be capable of being a director unless he is Qualifications 
 a shareholder, nor unless he is possessed of the prescribed number, ° ^^^ ^^' 
 if any, of shares, and no person holding an office or place of trust 
 or profit under the company, or interested in any contract with the 
 company, shall be capable of being a director ; and no director shall 
 be capable of accepting any other office or place of trust or profit under 
 the company, or of being interested in any contract with the company, 
 during the time in which he is a director. 
 
 84. If any director, at any time subsequently to his election Vacation of 
 
 accepts or continues to hold any other office or place of trust or 
 profit under the company, or is, either directly or indii-ectly, con- 
 cerned in any contract with the company, or participates in any 
 manner in the profits of any work to be done for the company, or 
 if any director at any time ceases to be a holder of the prescribed 
 number of shares in the company, then, in any of the cases aforesaid, 
 the office of such director shall become vacant, and thenceforth he 
 shall cease from voting or acting as a director : Provided always 
 that no person, being a shareholder or member of any incorporated 
 joint stock company, shall be disqualified or prevented from acting 
 as a director by reason of any contract entered into between such 
 joint stock company, and the company incorporated by the Special 
 Ordinance ; but no such director, being a shareholder or member 
 of such joint stock company, shall vote on any question as to any 
 contract with such joint stock company. 
 
 85. The directors appointed by the Special Ordinance and con- 
 tinued in office as aforesaid, or the directors elected to supply the 
 places of those retiring as aforesaid, shall, subject to the provision 
 hereinbefore contained for increasing or reducing the number of 
 directors, retire from office at the times and in the proportions 
 following, the persons to retire being in each instance determined 
 by ballot among the directors, unless they otherwise agree, that is 
 to say, — 
 
 (1.) At the end of the first year after the first election of directors, 
 the prescribed number, and, if no number is prescribed, one-third 
 of such directors, to be determined by ballot among themselves, 
 unless they otherwise agree, shall go out of office ; 
 
 (2.) At the end of the second year, the prescribed number, and, if no 
 number is prescribed, one-half of the remaining number of such 
 directors, to be determined in like manner, shall go out of office ; 
 
 (3.) At the end of the third year, the prescribed number, and, if no 
 number is prescribed, the remainder of such directors shall go out 
 of office ; and 
 
 (4.) In each instance the places of the retiring directors shall be 
 suppUed by an equal number of qualified shareholders; and at 
 
 ' As to the enactments on this page, see the note to s. 6. 
 
 oflBce by 
 director. 
 
 Rotation of 
 directors.
 
 60 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846- 
 
 Filling of 
 
 occasional 
 
 vacancies 
 
 among 
 
 directors. 
 
 the first ordinary meeting in every subsequent year the pre- 
 sold bed number, and, if no number is prescribed, one-third of the 
 directors, being those who have been longest in office, shall go 
 out of office, and their places shall be supplied in like manner ; 
 but, nevertheless, every director so retiring from office may be 
 reelected immediately, or at any future time, and after such 
 re-election shall, with reference to the going out by rotation, 
 be considered as a new Director : Provided, always that, if the 
 prescribed number of directors is some number not divisible 
 by three and the number of directors to retire is not prescribed, 
 the directors shall in each case determine what number of directors, 
 as nearly one-third as may be, shall go out of office, so that the 
 whole number shall go out of office in three years. 
 
 86.^ If any director dies or resigns, or becomes disqualified or 
 incompetent to act as a director, or ceases to be a director by any 
 other cause than that of going out of office by rotation as aforesaid, 
 the remaining directors, if they think proper to do so, may elect in 
 his place some other shareholder duly qualified to be a director ; and 
 the shareholder so elected to fill up any such vacancy shall continue in 
 office as a director so long only as the person in whose place he may 
 have been elected would have been entitled to continue if he had 
 remained in office. 
 
 General 
 powers of 
 directors. 
 
 Reservation of 
 povpers, to be 
 exercised only 
 in general 
 meeting. 
 
 Powers of Directors, and Powers of Company, to be exercised only 
 
 in General Meeting. 
 
 87. The directors shall have the management and superintendence 
 of the affairs of the company, and- they may lawfully exercise all 
 the powers of the company, except as to such matters as may be 
 du'ected by this or the Special Ordinance to be transacted by a 
 general meeting of the company ; but all the powers so to be exercised 
 shall be exercised in accordance with and subject to the provisions of 
 this and the Special Ordniance, and the exercise of all such powers 
 shall be subject also to the control and regulation of any general 
 meeting specially convened for the purpose, but not so as to render 
 invalid any act done by the directors prior to any resolution passed 
 by such general meeting. 
 
 88. Except as otherwise provided by the Special Ordinance, the 
 following powers of the company, that is to say, the choice and 
 removal of the directors, except as hereinbefore mentioned, and the 
 increasing or reducing of their number where authorized by the 
 Special Ordinance, the choice of auditors, the determination as to 
 the remuneration of the directors, auditors, treasurer, and secretary, 
 the determination as to the amount of money to be borrowed on 
 mortgage, the determination as to the augmentation of capital, and 
 the declaration of dividends, shall be exercised only at a general 
 meeting of the company. 
 
 Sleetings of 
 directors. 
 
 Proceedings and Liabilities of Directors. 
 
 89. — (1.) The directors shall hold meetings at such times a«i they 
 may appoint for the purpose, and they may meet and adjourn as they 
 think proper from time to time and from place to place. 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 61 
 
 Election of 
 chairman of 
 directors and 
 if thought fit, 
 of deputy 
 chairman. 
 
 (2.) At any time any two of the directors may require the 
 secretary to call a meeting of the directors. 
 
 (3.) In order to constitute a meeting of the directors, there shall 
 be present at least the prescribed quorum, and, if no quorum is pre- 
 scribed, there shall be present at least one-third of the directors. 
 
 (4.) All questions at any such meeting shall be determined by 
 the majority of votes of the directors present^ and, in case of an 
 equal division of votes, the chairman shall have a casting vote, in 
 addition to his vote as one of the directors. 
 
 90.* — (1.) At the first meeting of directors held after the passing of 
 the Special Ordinance, and at the first meeting of the directors held 
 after each annual appointment of directors, the directors present at 
 such meeting shall choose one of the directors to act as chairman 
 of the directors for the year following such choice, and shall also, 
 if they think fit, choose another director to act as deputy chairman 
 for the same period, 
 
 (2.) If the chairman or deputy chairman, if any, dies, or resigns, 
 or ceases to be a directoi*, or otherwise becomes disqualified to act, the 
 directors present at the meeting next after the occurrence of such 
 vacancy shall choose some other of the directors to fill such vacancy. 
 
 (3.) Every such chairman or deputy chairman so elected as last 
 aforesaid shall continue in office so long only as the person in whose 
 place he may be so elected would have been entitled to continue 
 if such death, resignation, removal, or disqualification had not hap- 
 pened. 
 
 91. If at any meeting of the directors neither the chairman nor 
 the deputy chairman, if any, is present, the directors shall choose some 
 one of their number to be chairman of such meeting. 
 
 92. It shall be lawful for the directors to appoint one or more 
 committees, consistmg of such number of directors as they may think 
 fit, within the prescribed limits, if any ; and they may grant to such 
 committees respectively power on behalf of the company to do any acts 
 relating to the affairs of the company which the directors could lawfully 
 do, and which they may from time to time think proper to entrust to 
 them. 
 
 93. A committee may meet from time to time, and may adjourn Proceedings of 
 from place to place, as they may think proper for carrying into effect committee. 
 the purposes of their appointment ; and no such committee shall 
 
 exercise the powers entrusted to them except at a meeting at which 
 there is present the prescribed quorum, or, if no quorum is prescribed, 
 then a quorum to be fixed for that purpose by the genei-al body of 
 directors ; and at all meetings of the committee one of the members 
 present shall be appointed chairman ; and all questions at all meetings 
 of the committee shall be determined by a majority of votes of the 
 members present, and in case of an equal division of votes, the chau-- 
 man shall have a casting vote in addition to his vote as a member of 
 the committee. 
 
 94. The power which may be granted to any such committee to Exercise of 
 make contracts, as well as the power of the directors to make contracts, P'^^^"' of 
 
 Choosing of 
 occasional 
 chakman, m 
 absence of 
 regular chair- 
 man. 
 
 Power to 
 dii'ectors to 
 appoint com- 
 mittees. 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 62 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1846. 
 
 making con- 
 tracts on 
 behalf of 
 company. 
 
 Recording of 
 proceedings of 
 company, etc., 
 and effect 
 thereof as 
 evidence. 
 
 Validity of 
 acts of 
 
 directors not- 
 withstanding 
 defect in 
 appointment, 
 etc. 
 
 on behalf of the company, may lawfully be exercised as follows, that is 
 to say, — 
 
 (1.) With respect to any contract which, if made between private 
 persons, would by law be required to Ije in writing, and under 
 seal, such committee or the directors may make such contract on 
 behalf of the company in writing and under the common seal of 
 the company, and in the same manner may vary or discharge the 
 same ; 
 
 (2.) With respect to any contract which, if made between private 
 persons, would by law be required to be in writing, and signed by 
 the parties to be charged therewith, then such committee or the 
 directors may make such contract on })ehalf of the company in 
 writing, signed by such committee or any two of them, or by any 
 two of the directors, and in the same manner may vary or discharge 
 the same ; 
 
 (3.) With respect to any contract which, if made between private 
 persons, would by law be valid, although made by parol only and 
 not reduced into writing, such committee or the directors may 
 make such contract on behalf of the company by parol only, 
 without writing, and in the same manner may vary or discharge 
 the same ; and 
 
 (4.) All contracts made according to the provisions herein contained 
 shall be effectual in law, and shall be binding upon the company 
 and its successors, and all other parties thereto, their heirs, 
 executors, or administrators, as the case may be, and, on any 
 default in the execution of any such contract, either by the company 
 or any other party thereto, such actions or suits may be brought, 
 either by or against the company, as might be brought if the same 
 contracts had been made between private persons only. 
 
 95.^ — (1.) The directors shall cause notes, minutes, or copies, as the 
 case may require, of all appointments made or contracts entered into by 
 the directors, and of the orders and proceedings of all meetings of the 
 company, and of the directors or committees of directors, to be duly 
 entered in books to be from time to time provided for the purpose, 
 which shall be kept under the superintendence of the directors, and 
 every such entry shall be signed by the chairman of such meeting. 
 
 (2.) Every such entry so signed shall be received as evidence in 
 all Courts, and before all Judges, Justices, and others, without proof 
 of such respective meetings having been duly coQvened or held, or of 
 the persons making or entering such orders or proceedings being share- 
 holders or directors or members of committee respectively, or of the 
 signature of the chairman, or of the fact of his having been chairman, 
 all of which last-mentioned matters shall be presumed until the contrary 
 is proved. 
 
 96. All acts done by any meeting of the directors, or of a com- 
 mittee of directors, or by any person acting as a director, shall not- 
 withstanding it may afterwards be discovered that there was some 
 defect in the appointment of any such directors or persons acting as 
 aforesaid, or that they or any of them were or was disqualified, be as 
 valid as if every such person had Ijeen duly appointed and was qualified 
 to be a director. 
 
 1 As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS, [No. 1. 
 
 63 
 
 97.^ — (1.) No director, by being a party to or executing in his 
 capacity of director any contract or other instrument on behalf of the 
 company, or otherwise lawfully executing any of the powers given to 
 the directors, shall be subject to be sued or prosecuted, either indi- 
 vidually or collectively with other directors, by any person whomso- 
 ever ; and the bodies, or goods, or lands of the directors shall not be 
 liable to execution of any legal process by i-eason of any contract or 
 other instrument so entered into, signed, or executed by them or by 
 reason of any other lawful act done by them in the execution of any 
 of their powers as directors. 
 
 (2.) The directors, their heirs, executors, and administrators, shall 
 be indemnified out of the capital of the company for all payments 
 made or liability incurred in respect of any acts done by them, and 
 for all losses, costs, and damages which they may incur in the exe- 
 cution of the powers granted to them ; and the directors for the time 
 being of the company may apply the existing funds and capital of the 
 company for the purpose of such indemnity, and may, if necessary 
 for that purpose, make calls of the capital remaining unpaid, if any. 
 
 Exclusion of 
 personal 
 liability of 
 directors on 
 contracts 
 made on 
 behalf of 
 company. 
 
 Appointmeiit and Duties of Auditors. 
 98.— (1 .) Except where by the Special Ordinance auditors are directed Election and 
 
 to be appointed otherwise than by the company, the company shall, at 
 the first ordinary meeting after the passing of the Special Ordinance, 
 elect the prescribed number of auditors, and, if no number is pre- 
 scribed, two auditors, in like manner as is provided for the election .of 
 directors ; and, at the first ordinary meeting of the company in each 
 year thereafter, the company shall in like manner elect an auditor to 
 supply the place of the auditor then retiring from office according to 
 the provision hereinafter contained. 
 
 (2.) Every auditor elected as hei'einbefore pi*ovided, being neither 
 removed, nor disqualified, nor having resigned, shall continue to be an 
 auditor until another is elected in his stead. 
 
 99. Where no other qualification is prescribed by the Special 
 Ordinance, every auditor shall have at least one .share in the under- 
 taking, and he shall not hold any office in the company, or be in any 
 other manner interested in its concerns, except as a shareholder. 
 
 100. One of the auditors (to be detennined in the first instance by 
 ballot between themselves, unless they otherwise agree, and afterwards 
 by seniority), shall go out of office at the first ordinary meeting in each 
 year ; but the auditor so going out shall be immediately re-eligible, and 
 after any such re-election shall, with respect to the going out of office 
 by rotation, be deemed a new auditor. 
 
 101. If any vacancy takes place among the auditoi's in the course 
 of the current year, then at any general meeting of the company, the 
 vacancy may, if the company thinks fit, be supplied by election of the 
 shareholders. 
 
 102. The provision of this Ordinance respecting the failure of an 
 ordinary meeting at which directors ought to be chosen, shall mutatis 
 rmitandis, apply to any ordinary meeting at which an auditor ought to 
 be appointed. 
 
 tenure of 
 
 office of 
 
 auditors. 
 
 Qualification 
 of auditor. 
 
 Rotation of 
 auditors. 
 
 Vacancies 
 
 among 
 
 auditors. 
 
 Failure of 
 meeting for 
 appomtment 
 of auditor. 
 
 ^ As to the enactments on this page, see the note to h. 6.
 
 64 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846- 
 
 Delivery of 
 acconiits to 
 auditors. 
 
 Duty of 
 auditors. 
 
 Powers of 
 auditors. 
 
 103.^ The directors shall deliver to the auditors the half-yearly or 
 other periodical accounts and balance sheet fourteen days at the least 
 before the ensuing ordinary meeting at which the same are required to 
 be produced to the shareholders, as hereinafter provided. 
 
 104. It shall be the duty of the auditors to receive from the 
 directors the half-yearly or other periodical accounts and balance 
 sheet required to be presented to the shareholders, and to examine 
 the same. 
 
 105. It shall be lawful for the auditors to employ such accountants 
 and other persons as they may think proper, at the expense of the 
 company, and they shall either make a special report on the said 
 accounts or simply confirm the same, and such report for confirmation 
 shall be read, together with the report of the directors, at the ordinary 
 meeting. 
 
 Taking of 
 security from 
 officer 
 
 entrusted with 
 moneys. 
 
 Liability of 
 officer to 
 account when 
 required by 
 directors. 
 
 Summarj' 
 remedy 
 against officer 
 failing to 
 account. 
 
 Accountability of Officers of Company. 
 
 106. Before any person entrusted with the custody or control of 
 moneys, whether treasurer, collector, or other officer of the company, 
 enters upon his office, the directors shall take sufficient security from 
 him for the faithful execution of his. office. 
 
 107. — (1.) Every officer employed by the company shall from time 
 to time, when required by the directors, make out and deliver to 
 them, or to any person appointed by them for that purpose, a true 
 and perfect account in writing, under his hand, of all moneys received 
 by him on behalf of the company. 
 
 (2.) Such account shall state how, and to whom, and for what 
 purpose such moneys may have been disposed of, and together with 
 such account, such officer shall deliver the vouchers and receipts for 
 such payments ; and every such officer shall pay to the directors, or 
 to any person appointed by them to receive the same, all moneys 
 which may appear to be owing from him upon the balance of such 
 accounts. 
 
 108. — (1.) If any such officer fails to render such account, or to 
 produce and deliver up all the vouchers and receipts relating to the 
 same in his possession or power, or to pay the balance thereof when 
 thereunto required, or if, for three days after being thereunto required, 
 he fails to deliver up to the directors or to any person appointed by 
 them to receive the same, all books, papers, writings, property, eftects, 
 matters, and things in his possession or power relating to the execu- 
 tion of this or the Special Ordinance, or of any Ordinance incorporated 
 therewith, or belonging to the company, then, on complaint thereof 
 being made to a Justice, such Justice shall summon such officer to 
 appear before two or more Justices at a time and place to be set forth 
 in such summons, to answer such charge. 
 
 (2.) On the appearance of such officer, or, in his absence, on 
 proof that such summons was personally served upon him or left 
 at his last known place of abode, such Justices may hear and deter- 
 mine the matter in a summary way, and may adjust and declare the 
 balance owing by such officer ; and if it appears, either upon the con- 
 fession of such officer, or upon evidence, or upon inspection of the 
 
 1 As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 65 
 
 account, that any moneys of the company are in the hands of such 
 officer or owing by liim to the company, such Justices may order such 
 officer to pay the same ; and, if he fails to pay the amount, it shall be 
 lawful for such Justices to grant a warrant to levy the same by 
 distress, or, in default thereof, to commit the offender to prison, thei-e 
 to remain without bail for a period not exceeding two months, unless 
 the same is sooner paid. 
 
 109.^ If any such officer refuses to make out such account in Punishment 
 writin'f or to produce and deliver to the Justices the several vouchers "f officer 
 
 , »' ^, . 1 11- 11 refusing to 
 
 and receipts relating thereto, or to deliver uji any books, papers, deliver up 
 writings, property, effects, matters, or things in his possession or documents, etc. 
 power belonging to the company, such Justices may lawfully commit 
 such offender to prison, there to remain until he has delivered up all 
 the vouchers and receipts, if any, in his possession or power relating 
 to such accounts, and has delivered up all books, papers, writings, 
 property, effects, matters and things, if any, in his possession, or power 
 belonging to the company : Provided always that if any director or 
 other person acting on behalf of the company makes oath that he has 
 good reason to believe, upon grounds to be stated in his information, 
 and does believe, that it is the intention of any such officer as aforesaid 
 to abscond, it shall be lawful for the Justice before whom the infor- 
 mation is laid, instead of issuing his summons, to issue his warrant for 
 the bringing of such officer before such two Justices as aforesaid ; but 
 no person executing such warrant shall keep such officer in custody 
 longer than twenty-four hours, without bringing him before some 
 Justice ; and it shall be lawful for the Justice before whom such officer 
 may be brought, either to discharge such officer, if he thinks there is 
 no sufficient ground for his detention, or to order such officer to be 
 detained in custody, so as to be brought before two Justices, at a time 
 and place to be named in such order, unless such officer gives bail, to 
 the satisfaction of such Justice, for his appearance before such Justices 
 to answer the complaint of the company. 
 
 110. No such proceeding against or dealing w4th anv such officer Saving of 
 as aforesaid shall deprive the company of any remedy which they "l^inst default- 
 might otherwise have against sufh officer, or against any surety of such ing officer 
 
 officer. 'ind his 
 
 surety. 
 
 Keeping of Accounts, and Right of Inspection thereof by 
 
 Shareholders. 
 
 Ill, The directors shall cause full and true accounts to be kept of Keeping of 
 all sums of money received or expended on account of the company by '_^'^'"^^"^,*,^. 
 the directors and all persons employed by or under them, and of the " 
 matters and things for which such sums of money may have been 
 received or disbursed and paid. 
 
 112. — (1.) The books of the company shall be balanced at the 
 prescribed periods, and, if no periods are prescribed, fourteen days at 
 least before each ordinary meeting. 
 
 (2.) Forthwith on the l)ooks being so balanced, an exact balance 
 sheet shall be made up, which shall exhibit a true statement of the 
 capital stock, credits, and property of every description belonging 
 
 Balancing of 
 books. 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 66 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 to the company, and the debts due by the company at the date of 
 making such balance sheet, and a distinct view of the profit or loss 
 which has arisen on the transactions of the company in the course 
 of the preceding half-year ; and previously to each ordinary meeting 
 such balance sheet shall be examined by the directors, or any three 
 of their number, and shall be signed by the chairman or deputy chair- 
 man of the directors. 
 
 Right of in- 
 spection of 
 books and 
 accounts by 
 shareholders. 
 
 Production of 
 balance sheet 
 at ordinal^ 
 meeting. 
 
 Appointment 
 of book- 
 keeper, to 
 enter accounts, 
 etc. 
 
 Annual 
 account in 
 abstract of 
 receipts and 
 pajTnents. 
 
 113.^ The books so balanced, together with such balance sheet 
 as aforesaid, shall, for the prescribed periods, and, if no periods are 
 prescribed, for fourteen days previous to each ordinary meeting and 
 for one month thereafter, be open for the inspection of the shareholders 
 at the principal office or place of business of the company, in the 
 Colony or elsewhere ; but the shareholders shall not be entitled at any 
 time, except during the periods aforesaid, to demand the inspection of 
 such books, except in virtue of a written order signed by three of the 
 directors. 
 
 114. The directors shall produce to the shareholders assembled at 
 such ordinary meeting the said balance sheet, applicable to the period 
 immediately preceding such meeting, together with the report of the 
 auditors thereon, as hereinbefore provided. 
 
 115. — (1.) The directors shall appoint a book-keeper to enter the 
 accounts aforesaid in books to be provided for the purpose ; and every 
 such book-keeper shall permit any shareholder to inspect such books, 
 and to take copies of or extracts therefrom at any reasonable time 
 during the prescribed periods, and, if no periods are prescribed, during 
 one fortnight before and one month after every ordinary meeting. 
 
 (2.) If the book-keeper fails to permit any such shareholder to 
 inspect such books or take copies of or extracts therefrom during the 
 periods aforesaid, he shall for every such offence forfeit to such share- 
 holder a sum not exceeding twenty-four dollars. 
 
 116. The company shall in every year cause an annual account in 
 abstract to he prepared, showing the total receipts and expenditure 
 of all funds levied by virtue of this or the Special Ordinance for 
 the year ending the thirty-first day of December, or some other con- 
 venient day in each year, under the several distinct heads of receipt 
 and expenditure, with a statement of the balance of such account duly 
 audited and certified by the directors, or some of them, and by 
 the auditors, and shall, if required by the Governor-in-Council, 
 deposit a copy of the said account in the Registrar's Office of the 
 several Counties through which the railway passes ; and such last- 
 mentioned account shall be open to the inspection of the public at 
 all reasonable hours, on payment of the sum of twenty-five cents 
 for every such inspection : Provided always that if the company omits 
 to prepare or deposit, if required to do so by the Governor-in-Council, 
 such account as aforesaid, it shall for every such omission forfeit the 
 sum of ninety-six dollars. 
 
 Making of Dividends. 
 
 Preparation of 117. Previously to every ordinary meeting at which a dividend is 
 decliirution"of intended to be declared, the directors shall cause a scheme to be 
 
 dividend, 
 
 1 As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 67 
 
 prepared, showing the profits, if any, of the company for the period 
 current since the preceding ordinary meeting at which a dividend was 
 declared, and apportioning such profits or so much thereof as they 
 may consider applicable to the purposes of dividend, among the share- 
 holders, according to the shares held by them respectively, the 
 amount paid thereon, and the periods during which the same may 
 have been paid, and shall exhibit such scheme at such ordinary 
 meeting, and at such meeting a dividend may be declared according 
 to such scheme. 
 
 118/ The company shall not make any dividend whereby its Restriction of 
 
 capital stock will be in any degree reduced : Provided always that the 1'?^^^*" *° ™''' ® 
 ^ . , JO J dividend. 
 
 word " dividend " shall not be construed to apply to a return of an)' 
 portion of the capital stock, with the consent of all the mortgagees 
 and bond creditors of the company, due notice being given for 
 that purpose at an extraordinary meeting to be convened for that 
 object. 
 
 119. Before apportioning the profits to be divided among the Fund for con- 
 shareholders, the directors may, if they think fit, set aside thereout tingencies, etc. 
 such sum as they may think proper to meet contingencies, or for 
 enlarging, repairing, or improving the works connected with the 
 undertaking, or any part thereof, and may divide the balance only 
 among the shareholders. 
 
 ^& 
 
 1 20. No dividend shall be paid in respect of any share until all Prohibition of 
 
 paying of 
 dividend on 
 share with 
 calls unpaid. 
 
 calls then due in respect of that and every other share held by the P?-yifg o^ 
 person to whom such dividend may be payable have been paid. gj^aj-e with 
 
 Giving of Notices. 
 
 121. Any summons or notice, or any writ or other proceeding at Service of 
 law or in eijuity, required to be served upon the company may be summons, etc., 
 served by the same being left or transmitted through the post ^^'°° company, 
 directed to the principal office of the company, or to one of its 
 
 principal offices, where there are more than one, or by being given 
 personally to the secretary, or, in case there is no secretary, then by 
 being given to any dii^ector of the company. 
 
 122. Any notice required to be served by the company upon the Service of 
 shareholders may, unless expressly required to be served personally, notice by 
 
 (^111 W /\ 11 V oil 
 
 be served by the same being transmitted through the post, directed shareholder. 
 
 according to the registered address, or other known address, of the 
 
 shareholder, within such period as to admit of its being delivered 
 
 to or received by such shareholder within the period, if any, prescribed 
 
 for the giving of such notice, and, in proving such service, it shall 
 
 be sufficient to prove that such notice was properly directed, and that 
 
 it was put into the Post Office. 
 
 123. All notices directed to be given to the shareholders shall. Notice in case 
 with respect to any share to which persons are jointly entitled, be given of joint pro- 
 to whichever of the said persons is named first in the register of scares. 
 shareholders ; and any notice so given shall be sufficient notice to 
 
 all the proprietors of such share. 
 
 ^ As to the enactments on this page, see the note to s. 6. 
 VOL. I. 6
 
 68 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Notice by 
 advertisement. 
 
 Authentication 
 of summons, 
 etc. 
 
 Proof of debts 
 in bankruptcy, 
 etc. 
 
 Tender of 
 amends for 
 irreijularity in 
 execution of 
 tlie Ordinance 
 
 124.^ All notices required by this or the Special Ordinance, or by 
 any Ordinance incorporated therewith, to l)e given by advertisement 
 shall be advertised in the prescribed newspaper, or, if no newspaper is 
 prescribed, or if the prescribed newspaper ceases to be published, in a 
 newspaper circulating in the Colony. 
 
 125. Every summons, notice, or other such document requiring 
 authentication by the company may be signe 1 by two directors, or 
 by the treasurer or the secretary of the company, and need not be 
 under the common seal of the company, and the same may be in 
 writing, 
 
 126. If any person against whom the company may have any 
 claim or demand becomes bankrupt, or takes the benefit of any 
 Act or Ordinance for the relief of insolvent debtors, it shall be lawful 
 for the treasurer or the secretary of the company, in all proceedings 
 against the estate of such bankrupt or insolvent, or under any fiat, 
 sequestration or act of insolvency against such bankrupt or insolvent, 
 to represent the company, and act in its behalf in all respects, as if 
 such claim or demand had been the claim or demand of such treasurer 
 or secretary, and not of the company. 
 
 127. — (1.) If any person has committed any irregularity, trespass, 
 or otlier wrongful proceeding in the execution of this or the Special 
 Ordinance, or l)y virtue of any power or authority thereby given, and 
 if, before action brought in respect thereof, such person makes tender 
 of sufficient amends to the person injured, such last-mentioned person 
 shall not recover in any such action. 
 
 (2.) If no such tender has been made, it shall be lawful for the 
 defendant, by leave of the Court where such action may be pending, 
 at any time before issue joined, to pay into the Registrar's Office such 
 sum of money as he may think fit ; and thereupon such proceedings 
 shall be had as in other cases where defendants are allowed to pay 
 money into the Registrar's Office. 
 
 Recovery of Damages not specially provided for and of Penalties. 
 
 Ascertainment 128.^ — (1.) In all cases where any damages, costs, or expenses are 
 
 and recovery of j^y ^{^jg qj. ^j^g Special Ordinance, or by any Ordinance incorporated 
 
 not provided ' therewith, dii'ected to be paid, and the method of ascertaining the 
 
 for. amount or enforcing the payment thereof is not provided for, such 
 
 amount, in case of dispute, shall be ascertained and determined by 
 
 two Justices ; and, if the amount so ascertained is not paid by the 
 
 company, or other party liable to pay the same, within seven days 
 
 after demand, the amount may be recovered by distress of the goods 
 
 of the comfiany or other party liable as aforesaid ; and the Justices 
 
 by whom the same may have been ordered to be paid, or either of 
 
 them, on application, shall issue their or his warrant accordingly. 
 
 (2.) If sufficient goods of the company cannot be found whereon 
 to levy any such damages, costs, or expenses payable by the company, 
 the same may, if the amount thereof does not exceed ninety-six dollars, 
 be recovered by distress of the goods of the treasurer of the company ; 
 and the Justices aforesaid, or either of them, on apphcation, shall 
 issue their or his warrant accordingly ; but no such distress shall 
 
 ^ As to the enactments on this page, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 69 
 
 issue against the goods of sucli treasurer unless seven clays' previous 
 notice in writing, stating the amount so clue and demanding payment 
 thereof, has been given to such treasurer or left at his residence. 
 
 (3.) If such treasurer pays any money under such distress as 
 aforesaid, he may retain the amount so paid by him, and all costs 
 and expenses occasioned thereby, Out of any moneys belonging to 
 the Company coming into his custody or control, or he may sue the 
 company for the same, 
 
 129.^ — ^(i.) In any case where in this or the Special Ordinance, or in Method of 
 any Ordinance incorporated therewith, any question of compensation, ^gj^jig justice 
 expenses, charges, or damages is referred to the determination of any jn question of 
 one Justice or more, it shall be lawful for any Justice, upon the compensiition, 
 application of either party, to summon the other party to appear ^*'^- 
 before one Justice or before two Justices, as the case may require, 
 at a lime and place to be named in such summons. 
 
 {•!.) On tlie appearance of such parties, oi', in the absence of any 
 of them, on proof of due service of the summons, it shall be lawful 
 for such one .Justice, or such two Justices, as the case may be, to hear 
 and determine such question, and for that purpose to examine such 
 parties, or any of them, and their witnesses on cath. 
 
 (3.) The costs of every such inquiry shall be in the discretion 
 of such Justice or Justices, and he or they shall determine the amount 
 thereof. 
 
 130. — (1.) The company shall publish the short particulars of the Publication of 
 several offences for which any penalty is imposed under this or the penalties im- 
 Special Ordinance, or under any Ordinance incorporated therewith, or 
 under any by-law of the company affecting other persons than the 
 shareholders, officers, or servants of the company, and of the amount 
 of every 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 company, and, where any such 
 penalties are of local application, shall cause such boards to be affixed 
 in some conspicuous place in the immediate neighbourhood 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. 
 
 (2.) No such penalty shall be recoverable unless it has been pub- 
 lished and kept published in the manner hereinbefore required. 
 
 131. If any person pulls down or injures any board put up or Penalty for 
 affixed, as required by this or the Special Ordinance, or by any Jgg'^""!? p°^u. 
 Ordinance incorporated therewith, for the purpose of publishing any cation of 
 by-law or penalty, or obliterates any of the letters or figures thereon, penalties. 
 
 he shall for every such offence forfeit a sum not exceeding twenty- 
 four dollars, and shall defray the expenses attending the restoration of 
 such board. 
 
 132. Every penalty or forfeiture imposed by this or the Special Procedure and 
 Ordinance, or by any Ordinance incorporated therewith, or by any by- *P1'®^ • 
 
 law made in pursuance thereof, the recovery of which is not otherwise 
 provided for, may be recovered by summary proceedings before two 
 
 ' As to the enactments on thds page, see the note to a. 6. 
 VOL, I. ^A
 
 to 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 Justices ; and the laws for the time being in force regulating pro- 
 
 See Ordi- cedure before Stipendiary Magistrates in the exercise of their summary 
 
 ZT^lli'^and''^ jurisdiction, including the right of and the procedure on appeal from 
 
 No. 13 of 1893. the decisions of Stipendiary Magistrates, shall apply in respect of 
 
 such proceedings, with the modifications necessary to meet the case of 
 
 the jurisdiction hereby conferred upon two Justices. 
 
 Apprehension 
 of offenders 
 who are 
 unknown. 
 
 133.^ It shall be lawful for any officer or agent of the company, 
 and all persons called by him to his assistance, to seize and detain any 
 person who may have committed any offence against the provisions of 
 this or the Special Ordinance, or of any Ordinance incorporated there- 
 with, and whose name and residence are unknown to such officer or 
 agent, and to convey him with all convenient despatch before some 
 Justice, without any warrant or other authority than this or the 
 Special Ordinance ; and such Justice shall proceed with all convenient 
 despatch to the hearing and determining of the complaint against such 
 offender. 
 
 Keeping and 
 deposit of 
 copies of 
 Special Ordi- 
 nance, and 
 right of 
 inspection 
 thereof. 
 
 Power to 
 promoters of 
 undertaking 
 to purchase 
 lands by 
 agreement. 
 
 Power to 
 parties under 
 disability to 
 
 Provision to he made for affording Access to the Special Ordinance. 
 
 134.1 — (1.) The company shall, after the expiration of six months 
 after the passing of the Special Ordinance, keep in its principal office 
 of business a printed copy of the Special Ordinance, and where the 
 undertaking is a railway, canal, or other like undertaking, the works 
 of which are not confined to one town or place, shall also, within the 
 space of such six months, deposit in the Office of the Registrar for the 
 several Counties into which the works of the company extend a printed 
 copy of such Special Ordinance. 
 
 (2.) The Registrar shall receive, and he and the company respect- 
 ively shall retain, the said copies of the Special Ordinance, and shall 
 permit all persons interested to inspect the same, and to make copies 
 thereof or extracts therefrom ; on pain, in default of any of the said 
 matters and things, of being liable to forfeit and pay for every such 
 offence a sum not exceeding forty-eight dollars. 
 
 (3.) If the company fails to keep or deposit as hereinbefore pro- 
 vided any of the said copies of the Special Ordinance, it shall for every 
 such offence forfeit ninety-six dollars, and also twenty-four dollars for 
 evei'y day afterwards during which such copy is not so kept or 
 deposited. 
 
 Purchase of Lands by Agreement. 
 
 135. Subject to the provisions of this and the Special Ordinance, it 
 shall be lawful for the promoters of the undertaking to agree with the 
 owners of any lands by the Special Ordinance authorized to be taken, 
 and which may be required for the purposes of such Ordinance, and 
 with all parties having any estate or interest in such lands, or by this 
 or the Special Ordinance enabled to sell and transport or convey the 
 same, for the absolute purchase, for a consideration in money, of any 
 such lands, or such parts thereof as they may think proper, and of all 
 estates and interests in such lands, of what kind soever, 
 
 136. It shall be lawful for all parties being seised, possessed of, 
 or entitled to any such lands, or any estate or interest therein, to 
 
 ^ Aa to as. 133 and 134, see the note to s. 6.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 71 
 
 sell, transport, convey, or release the same to the promoters of the sell and 
 undertaking, and to enter into all necessary agreements for that ^^^''^'^ 
 purpose ; and particularly it shall be lawful for all or any of the 
 following parties so seised, possessed, or entitled as aforesaid so to 
 sell, transport, convey, or release, that is to say, all corporations, 
 tenants in tail or for life, married women seised in their own right 
 or entitled to dower, guai'dians, committees of lunatics and idiots, 
 trustees or feoffees in trust for charitable or other purposes, seques- 
 trators, executors, and administrators, and all parties for the time 
 being entitled to the receipt of the rents and profits of any such 
 lands in possession or subject to any estate in dower, or to any 
 lease for life, or for lives and years, or for years, or any less interest, 
 not only on behalf of themselves and their respective heirs, execu- 
 tors, administrators, and successors, but also for and on behalf of 
 every person entitled in reversion, remainder, or expectancy after 
 them or in defeasance of the estates of such parties, and as to such 
 married women, whether they are of full age or not, as if they were 
 sole and of full age, and as to such guardians, on behalf of their 
 wards, and as to such committees, on behalf of the lunatics and 
 idiots of whom they are the committees respectively, and that to the 
 same extent as such wives, wards, lunatics, and idiots respectively 
 could have exercised the same power under the authority of this or 
 the Special Ordinance, if they had respectively been under no dis- 
 ability, and as to such trustees, sequestrators, executors, and admin- 
 istrators, on behalf of their cestuis que trusts, whether infants, issue 
 unborn, lunatics, femes covert, or other persons, and that to the 
 same extent as such cestuis que trusts respectively could have exer- 
 cised the same powers under the authority of this and the Special 
 Ordinance, if they had respectively been under no disability. 
 
 Ascertainment 
 by valuation of 
 purchase 
 money or 
 compensation 
 in case of 
 parties under 
 disability. 
 
 137. The purchase money or compensation to be paid for any 
 lands to be purchased or taken from any party under any disability 
 or incapacity, and not having power to sell and transport or convey 
 such lands except under the provisions of this or the Special Ordin- 
 ance, and the compensation to be paid for any permanent damage 
 or injury to any such lands, shall not, except where the same has 
 been determined by the verdict of assessors, or by arbitration, or by 
 the valuation of a valuator appointed by two Justices under the 
 provision hereinafter contained, be less than may be determined by 
 the valuation of two able practical valuators, one of whom shall be 
 nominated by the promoters of the undertaking and the other by 
 the other party, and, if such two valuators cannot agree in the 
 valuation, then by such third valuator as any two Justices may, on 
 the application of either party after notice to the other party for 
 that purpose, nominate ; and each of such two valuators, if they agree, 
 or, if not, then the valuator nominated by the said Justices, shall 
 annex to the valuation a declaration in writing, subscribed by them 
 or him, of the correctness thereof ; and all such purchase money or 
 compensation shall be deposited in the Registrar's Office of Demerara 
 and Essequebo or of Berbice, as the case may require, for the benefit of 
 the parties interested, in manner hereinafter mentioned. 
 
 138. It shall be lawful for any person possessed of, or entitled ^^^^[^^1"'^°'" 
 
 to dispose of, absolutely for his own benefit, any lands authorized entitled, lands 
 
 to be purchased for the purposes of the Special Ordinance to sell may be sold on 
 *■ i^ IT s: chief rents.
 
 72 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 and transport or convey such lands, or any part thereof, to the 
 promoters of the undertaking, in consideration of an annual rent 
 charge payable l)y the promoters of the undertaking ; but, exceyjt as 
 aforesaid, the consideration to be paid for the purchase of any such 
 lands, or for any damage done thereto, shall be in a gross sum. 
 
 Payment of 
 rents to be 
 charged on 
 toUs. 
 
 Power to 
 pureha'^e 
 lands for 
 additional ac- 
 commodation. 
 
 Authority to 
 sell and re- 
 purchase such 
 lands. 
 
 Restraint on 
 pixrchase from 
 parties under 
 disability. 
 
 139. — (1.) The yearly rents reserved by any such transport or 
 conveyance shall be charged on the tolls or rates, if any, payable 
 under the Special Ordinance, and shall l)e otherwise secured in such 
 manner as may be agreed on between the parties, and shall be paid 
 by the promoters of the undertaking as such rents become payable. 
 
 (2.) If at any time any such rents are not paid within thirty 
 days after they so become payable, and after demand thereof in 
 writing, the person to whom any such rent may be payable may 
 either recover the same from the promoters of the undertaking, with 
 costs of suit, by action in any Court of competent jurisdiction, or 
 it shall be lawful for him to levy the same by distress of the goods 
 and chattels of the promoters of the undertaking. 
 
 140. If the promoters of the undertaking are empowered by the 
 Special Ordinance to purchase lands for extraordinary purposes, it 
 shall be lawful for all parties who, under the provisions hereinbefore 
 contained, would be enabled to sell and transport or convey lands, 
 to sell and transport or convey the lands so authorized to be pur- 
 chased for extraordinary purposes. 
 
 141. Tt shall be lawful for the promoters of the undertaking to 
 sell any lands which they may have so acquired for extraordinary 
 purposes, or any part thereof, in such manner, and for such consi- 
 derations, and to such persons as the promoters of the undertaking 
 may think fit, and again to purchase other lands for the like purposes, 
 and afterwards sell the same, and so from time to time ; but the total 
 quantity of land to l>e held at any one time by the promoters of the 
 undertaking for the purposes aforesaid shall not exceed the prescribed 
 quantity. 
 
 142. The promoters of the undertaking shall not, by virtue of 
 the power to purchase lands for extraordinary purposes, purchase 
 more than the prescribed quantity from any party under legal dis- 
 ability, or who would not be able to sell and transport or convey 
 such lands, except under the powers of this and the Special Ordinance ; 
 and if the promoters of the undertaking purchase the said quantity 
 of land from any party under such legal disability, and afterwards sell 
 the whole or any part of the lands so purchased, it shall not be lawful 
 for any party being under legal disability, to sell to the promoters of 
 the undertaking any other lands in lieu of the land so sold or disposed 
 of by them. 
 
 Capital to be 
 subscribfd 
 before exercise 
 of compulsory 
 powers of 
 purchase. 
 
 Purchase and Taking of Lands otherwise than hy Arjreement. 
 
 143.— (1.) Where the undertaking is intended to be carried into 
 effe^'t by means of a capital to be subsciibecl by tlie promotei's of the 
 undertaking, the whole of the capital or estimated sum foT- defraying 
 the expenses of the undertaking shall be subscribed under contract
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 73 
 
 binding the parties thereto, their heirs, executors, and administrators, 
 for the payment of the several sums by them respectively subscribed, 
 before it shall be lawful to put in force any of the powers of this or 
 the Special Ordinance, or of any Ordinance incorporated therewith, 
 in relation to the compulsory taking of lands for the purposes of the 
 undertaking. 
 
 (2.) A certificate under the hands of two Justices, in Great Britain 
 or in this Colony, certifying that the whole of the prescribed sura has 
 been subscribed, shall be sufficient evidence thereof, and on the appli- 
 cation of the promoters of the undertaking, and the production of such 
 evidence as such Justices may think proper and sufficient, such Justices 
 shall grant such certificate accordingly. 
 
 144. When the promoters of the undertaking require to purchase 
 or take any of the lands which, by this or the Special Ordinance, or 
 by any Ordinance incorporated therewith, they are authorized to 
 purchase or take, they shall give notice thereof to all the parties 
 interested in such lands, or to the parties enabled Ijy this Ordinance 
 to sell and transport, or convey, or release the same, or such of the 
 parties as may, after diligent inquiry, be known to the promoters of 
 the undertaking ; and by such notice shall demand from such parties 
 the particulars of their estate and interest in such lands, and of the 
 claims made by them in respect thereof ; and every such notice shall 
 state the particulars of the lands so required, and that the promoters 
 of the undertaking are willing to treat for the purchase thereof, and 
 as to the compensation to be made to all parties for the damage that 
 may be sustained by them by reason of the execution of the works. 
 
 145. — (1.) All notices required to be served by the promoters of the 
 undertaking upon tlie parties interested in or entitled to sell any such 
 lands shall either be served personally on such parties or left at their 
 last usual place of abode, if any such can after diligent inquiry be 
 found, and, in case any such parties are absent from the Colony, or 
 cannot after diligent inquiry be found, shall also be left with the 
 occupier of such lands, or, if there is no such occupier, shall be affixed 
 upon some conspicuous part of such lands. 
 
 (2.) If any such party is a corpoi-ation aggregate, such notice 
 shall be left at the principal office of business of such corporation, or 
 if no such office can after diligent inquiry be found, shall be served 
 on some principal member, if any, of such corporation, and such notice 
 shall also be left with the occupier of such lands, or, if there is no 
 occupier, shall be affixed upon some conspicuous part of such lands. 
 
 1 46. If, for twenty-one days after the service of such notice, any such 
 party fails to state the particulars of his claim in respect of any such 
 lands, or to treat with the promoters of the undertaking in respect 
 thereof, or if such party and the promoters of the undertaking do not 
 agree as to the amount of the compensation to be paid by the pro- 
 moters of the undertaking for the interest in such lands belonging to 
 such party, or which he is by this or the Special Ordinance enabled 
 to sell, or for any damage that may be sustained by him by reason of 
 the execution of the works, the amount of such compensation shall be 
 settled in the manner hei'einafter provided for settling cases of dis- 
 puted compensation, 
 
 Notice of 
 intention 
 take laiidi 
 
 Ser^'ice of 
 notices on 
 o^vners and 
 occupiers of 
 lands. 
 
 Provision for 
 case where, 
 after service 
 of notice, 
 parties fail to 
 treat or do 
 not agree as 
 to compensa- 
 tion.
 
 74 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 Sattlement by 
 two Justices 
 of dispute as 
 to compensa- 
 tion not 
 exceeding $240. 
 
 Settlement by 
 arbitration or 
 assessors of 
 dispute as to 
 compensation 
 exceeding $240. 
 
 Method of 
 proceeding by 
 Justices for 
 settling 
 dispute. 
 
 Method of 
 proceeding by 
 arbitration to 
 settle dispute. 
 
 Disputes as to the Compensation, etc., and Appointment of 
 Arbritrators, Assessors, and Valuators. 
 
 147. If no agreement is come to between the promoters of the 
 undertaking, and the owners of, or parties by this Ordinance enabled 
 to sell and transport, or convey, or release, any lands taken or 
 required for, or injuriously affected by the execution of, the under- 
 taking, or any interest in such lands, as to the value of such lands 
 or of any interest therein, or as to the compensation to be made in 
 respect thereof, and if in any such case the compensation claimed does 
 not exceed two hundred and forty dollars, the same shall be settled 
 by two Justices. 
 
 148, If the compensation claimed or offered in any such case exceeds 
 two hundred and forty dollars, and if the party claiming compensation 
 desires to have the same settled by arbitration, and signifies such desire 
 by notice in writing to the promoters of the undertaking, before they 
 have issued their warrant to the Magistrate to summon assessors in 
 respect of such lands, under the provisions hereinafter contained, 
 stating in such notice the nature of the interest in respect of which 
 such party claims compensation, and the amount of the compensation 
 so claimed, the same shall be so settled accordingly ; but unless the 
 party claiming compensation so signifies his desire to have the question 
 of such compensation settled by arbitration, or if, when the matter has 
 been referred to arbitration, the arbitrators or their umpire have or has 
 failed for three months to make their or his award, or if no final award 
 is made, the question of such compensation shall be settled by the 
 verdict of assessors, as hereinafter provided. 
 
 149. — (1.) It shall be lawful for any Justice, on the application of 
 either party with respect to any question of disputed compensation, 
 or any other matter by this or the Special Ordinance, or by any 
 Ordinance incorporated therewith, authorized to be settled by two 
 Justices, to summon the other party to appear before two Justices at a 
 time and place to be named in the summons. 
 
 (2.) On the appearance of snch parties, or, in the absence of any 
 of them, on proof of due service of the summons, it shall be lawful 
 for such Justices to hear and determine such question, and for that 
 purpose to examine such parties, or any of them, and their witnesses, 
 upon oath. 
 
 (3.) The costs of every such inquiry shall be in the discretion of 
 such Justices, and they shall determine the amount thereof. 
 
 150. — (1.) When any question of disputed compensation, or any 
 dispute or other matter authorized or directed by this or the Special 
 Ordinance, or by any Ordinance incorporated therewith, to be settled 
 by arbitration, has arisen, then, imless both parties concur in the appoint- 
 ment of a single arbitrator, each party, on the request of the other 
 party, shall, by writing under his hand, nominate and appoint an 
 arbitrator, to whom such dispute or other matter shall be referred. 
 
 (2.) Every appointment of an arbitrator shall be made on the part 
 of the promoters of the undertaking under the h«nds of the said 
 promoters, or any two of them, or of their secretary or clerk, and 
 on the part of any other party under the hand of such party, or, if
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 
 
 75 
 
 such party is a corporation aggregate, under the common seal of such 
 corporation. 
 
 (3.) Such appointment shall be delivered to the arbitrators, and 
 shall be deemed a submission to arbitration on the part of the party 
 by whom the same may be made ; and, after any such appointment 
 has been made, neither party shall have power to revoke the same 
 without the consent of the other, nor shall the death of either party 
 operate as such revocation. 
 
 (4.) If, for the space of fourteen days after any such dispute or 
 other matter has arisen, and after a request in writing, in which are 
 stated the matters so required to be referred to arbitration, has been 
 served by the one party on the other party, to appoint an arbitrator, 
 such last-mentioned party fails to appoint such arbitrator, then upon 
 such failure the party making the request, and having himself appointed 
 an arbitrator, may appoint such arbitrator to act on behalf of both 
 parties ; aud such arbitrator may proceed to hear and determine the 
 matters which may be in dispute ; and in such case the award or 
 determination of such single arbitrator shall be final. 
 
 151. — (1.) If, before the matters so referred are determined, any Appointment of 
 arbitrator appointed by either party dies, or becomes incapable, or i^^pi^ce "f 
 refuses, or for seven days neglects, to act as arbitrator, the party by arbitrator 
 whom such arbitrator was appointed may nominate and appoint in dying, etc 
 writing some other person to act in his place ; and if, for the space of 
 seven days after notice in writing from the other party for that 
 purpose, he fails to do so, the remaining or other arbitrator may proceed 
 ex parte. 
 
 (2.) Every arbitrator so to be substituted as aforesaid shall have 
 the same powers and authorities as were vested in the former arbi- 
 trator at the time of such his death, disability, refusal, or neglect 
 as aforesaid. 
 
 152. — (1.) Where more arbitrators than one have been appointed. Appointment of 
 such arbitrators shall, before thej enter upon the matters referred to ^^Pi*"^- 
 them, nominate and appoint, by writing under their hands, an umpire 
 to decide on any such matters on which they may diflfer ; and if such 
 umpire dies, or refuses, or for seven days neglects, to act, they shall, 
 forthwith after such death, refusal, or neglect, appoint another umpire 
 in his place ; and the decision of every such umpire on the matters so 
 referred to him shall be final. 
 
 (2.) If, in either of the cases aforesaid, the said arbitrators refuse, 
 or, for seven days after request of either party to such arbitration, 
 neglect, to appoint an umpire, it shall be lawful for the Governor-in- 
 Council, if he think fit, in any case in which a railway or other 
 company for any undertaking of a public nature is one party to the 
 arbitration, on the application of either party to such arbitration, to 
 appoint an unpire ; and the decision of such umpire on the matters 
 on which the arbitrators may differ shall be final. 
 
 153. If, where a single arbitrator has been appointed, such arbitra- Death of 
 tor dies or becomes incapable to act before he has made bis award, the sm^l^ 
 matters referred to him shall be determined by arbitration under the 
 provisions of this or the Special Ordinance in the same manner as if 
 such arbitrator had not been appointed.
 
 76 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 Refusal or 
 
 neglect of one 
 arbitiatoi" to 
 act. 
 
 Failnre of 
 arbitrators to 
 make award 
 in time. 
 
 Power to 
 arbitrators or 
 umjiire to call 
 for books, etc. 
 
 154. If, where more arbitrators than one have been appointed, 
 either of the arbitrators refuses, or for seven days neglects, to act, the 
 other arbitrator may proceed ex parte ; and the decision of such other 
 arbitrator shall be as effectual as if he had lieen a single arbitrator 
 appointed by both parties. 
 
 155. If, when more arl:)itrators than one have been appointed, 
 and where neither of them refuses or neglects to act as aforesaid, 
 such arbitrators fail to make their award within twenty-one days 
 after the day on which the last of such arbitrators has been ap- 
 pointed, or within such extended time, if any, as may have been 
 appointed for that purpose by both such arbitrators under their hands, 
 the matters referred to them shall be determined by the umpire to 
 be appointed as aforesaid. 
 
 156. The said arbitrators or their umpire may call for the produc- 
 tion of any documents in the possession or power of either party 
 which they or he may think necessary for determining the question 
 in dispute, and may examine the parties or their witnesses on oath, 
 and administer the oaths necessary for that purpose. 
 
 Declaration to 157. — (1.) Before any arbitrator or umpire enters into the con- 
 be made by sideration of any matters referred to him, he shall, in the presence 
 umpire before ^f a Justice, make and subscribe the following declaration, that is 
 acting. to say, — 
 
 " I, A.B., do solemnly and sincerely declare that I will faithfully and honestly, 
 according to the hest of my skill and ability, hear and determine the 
 matters referred to me under the provisions of Ordinance [_naiiii)ig the 
 Or(U)iunc('.~\ 
 
 Made and submitted in the presence of 
 
 A.B. 
 
 Costs of 
 arbitration. 
 
 (2.) Such declaration shall be annexed to the award, when made ; 
 and if any aibitrator or umpire, having made such declaration, wil- 
 fully acts contrary thereto, he shall be guilty of a misdemeanor. 
 
 158. All the costs of any such arbitration and incident thereto, 
 to be settled by the arbitrators, shall be borne by the promoters of 
 the undertaking, unless the arbitrators award the .same or a less 
 sum than has been offered by the promoters of the undertaking, in 
 which case each party shall bear his own costs incident to the arbi- 
 tration, and the costs of the arbitrators shall be borne by the parties 
 in equal proportions. 
 
 159. The arbitrators shall deliver their award in writing to the 
 promoters of the undertaking, and the promoters shall retain the 
 same, and shall forthwith, on demand, at their own expense, furnish 
 a copy thereof to the other party to the arbitration ; and shall at all 
 times, on demand, produce the said award, and allow the same to be 
 inspected or examined by such party or any person appointed by him 
 for that purpose. 
 
 Af,'reement 160. Tlio submission to any such arbitration may contain an 
 
 ^l^'^ii'i^'"^*^ agreement that the award made and given in pursuance of such 
 
 dfcteniiined by ar])itration shall be strengthened and conlinned by a willing or volun- 
 
 wiUiriKcondtni- tary condenmation by any of the Judges of the Court. 
 
 nation by 
 Judge. 
 
 Deliveiy and 
 production of 
 award.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 77 
 
 161. No award jnade with respect to any question referred to arbi- Saving of 
 tration under the provisions of this or the Special Ordinance shall be '^^^l[ J'^^ 
 set aside for irregularity or error in matter of form. irregularity. 
 
 162. — (1.) Before the promoters of the undertaking issue their Giving of 
 warrant for summoning assessors for settling any case of disputed com- "u^^^^^jll^J^f 
 pensation, they shall give not less than ten days' notice to the other assessors. " 
 party of their intention to cause such assessors to be summoned. 
 
 (2.) In such notice the promoters of tlie undertaking shall state 
 what sum of money they are willing to give for the interest in such 
 lands sought to be purchased by them from such party, and for the 
 damage to be sustained by liim by the execution of the works. 
 
 163. — (1.) In every case in which any such question of disputed Issue of 
 compensation is required to be determined by assessors, the promoters gjj^j^'^^ji^'^g 
 of the undertaking shall issue their warrant to the INlagistrate of the assessors. 
 District in which the lands, or some part thereof, are or is situate, 
 requiring him to summon assessors for that purpose ; and such warrant 
 shall 1)6 under the common seal of the promoters of the undertaking, 
 if they are a corporation, or if they are not a corporation, under the 
 hands and seals of such promoters, or any two of them. 
 
 (2.) If such Magistrate is interested in the matter in dispute, such 
 application shall be made to some Justice of the Peace residing in 
 the County in which the lands in question, or some parts thereof, are 
 or is situate, and, if all the Justices residing in such County are so 
 interested, such application may be made to any Justice of the Peace 
 in the Colony, who is not interested in the matter in dispute. 
 
 164. — (1.) Upon the receipt of such warrant, the Magistrate or Summoning of 
 Justice of the Peace, as the case may be, shall summon twelve in- i^^ggggj^g 
 different persons duly quaUfied to act as jurors in the Court, to meet at 
 a" convenient time and place, to be appointed by him for that purpose, 
 such time being not less than fourteen or more than twenty-one days 
 after the receipt of such warrant, and such place being not more than 
 fifteen miles distant from the lands in question, except by consent of 
 the parties interested ; and he shall forthwith give notice to the 
 promoters of the undertaking of the time and place so appointed 
 b}^ him. 
 
 (2.) Xot less than ten days' notice of the time and place of the 
 inquiry shall be given in writing by the promoters of the undertaking 
 to the other party. 
 
 165. If the party claiming compensation does not appear at the Xon-appear- 
 time and place appointed for the inquiry, such inquiry shall not be cMuihiicom- 
 further proceeded in, but the compensation to be paid shall be such as pensation. 
 may be ascertained by valuators appointed by two Justices in manner 
 hereinafter provided. 
 
 166. — (1.) Out of the persons appearing upon such summons six 
 disinterested persons shall be selected by the Magistrate or Justice of 
 the Peace, as the case may be, as assessors, in such manner, as near as 
 may be, as jurors for trials of issues joined in the Court are by law 
 required to he drawn. 
 
 (2.) If a sufficient number of assessors do not appear in obedience 
 to such summons, the Magistrate or Justice shall return other indiffer- 
 ent men, duly quaKfied as aforesaid, of the bystanders or others that 
 can speedily be procured, to make up the assessors to the number 
 
 Selection of 
 assessoi^s.
 
 78 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 aforesaid ; and all parties concerned may have their lawful challenges 
 against any of the assessors, but no such party'^shall challenge the 
 array. 
 
 Conduct of 
 inquiry. 
 
 Penalty on 
 Magistrate or 
 Justice and 
 assessor for 
 default. 
 
 Penalty on 
 witness fi r 
 default. 
 
 Separate 
 assessment of 
 purchase 
 money and 
 compensation 
 for damage. 
 
 167.— (1.) The Magistrate or Justice of the Peace, as the case may 
 be, shall preside on the said inquiry, and the party claiming compensa- 
 tion shall be deemed the plaintiff, and shall have all such rights and 
 privileges as the plaintiff is entitled to in the trial of an action in the 
 Court. 
 
 (2.) If either party so requests in writing, the Magistrate or 
 Justice shall summon before him any person considered necessary 
 to be examined as a witness touching the matters in question, and, on 
 the like request, the Magistrate or Justice shall order the assessors, or 
 any three or more of them, to view the place or matter in controversy, 
 in like manner as views may be had in the trial of an action in the 
 Court. 
 
 (3.) Before the assessors proceed to inquire of and assess the com- 
 pensation or damage in respect of which their verdict is to be given, 
 they shall make oath that they will truly and faithfully inquire of and 
 assess such compensation or damage, and the Magistrate or Justice 
 shall administer such oaths, as well as the oaths of all persons called 
 upon to give evidence. 
 
 168. — (1.) If the Magistrate or Justice of the Peace, as the case 
 may be, makes default in any of the matters hereinbefore required to 
 be done by him in relation to any such trial or inquiry, he shall for 
 every such offence forfeit two hundred and forty dollars, and such 
 penalty shall be recoverable by the promoters of the undertaking by 
 action in any Court of competent jurisdiction. 
 
 (2.) If any person summoned and returned as an assessor, under 
 this or the Special Ordinance, does not appear, or if, having appeared, 
 he refuses to make oath, or in any other manner unlawfully neglects 
 his duty, he shall unless he shows reasonable excuse to the satisfaction 
 of the Magistrate or Justice, forfeit a sum not exceeding forty-eight 
 dollars. 
 
 169. If any person who has been duly summoned to give evidence 
 upon any such inquiry, and to whom a tender of his reasonal^le expenses 
 has been made, fails to appear at the time and place specified in the 
 summons, without any sufficient cause, or if any person, whether 
 summoned or not, who appears as a witness, refuses to be examined 
 upon oath touching the subject-matter in question, every person so 
 offending shall forfeit to the party aggrieved a sum not exceeding 
 forty-eight dollars. 
 
 170. Where such inquiry relates to the value of lands to be pur- 
 chased, and also to compensation claimed for injury done or to be 
 done to the lands held therewith, the assessors shall deliver their 
 verdict separately for the sum of money to be paid for the purchase 
 of the lands required for the works, or of any interest therein be- 
 longing to the party with whom the question of disputed compen- 
 sation has arisen, or which, under the provisions herein contained, 
 he is enabled to sell and transport or convey, and for the sum of 
 money to be paid by way of compensation for the damage, if any, to 
 be sustained by the owner of the lands by reason of the severing of 
 the lands taken from the other lands of such owner, or otherwise
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 
 
 79 
 
 injuriously affecting such lancJs, by the exercise of the powers of 
 this or the Special Ordinance, or of any Ordinance incorporated there- 
 with. 
 
 171. — (1.) The Magistrate or Justice before whom such inquiry Recording and 
 may be held shall give judgment for the purchase money or com- ^^^'^^ "f 
 pensation assessed by such assessors, and the verdict and judgment judtnnent. 
 shall be signed by the Magistrate or Justice, and, when so signed, shall 
 be deposited with and kept by the Registrar of British Guiana among 
 the records of the County in which the lands, or any part thereof, are 
 or is situate, in respect of which such purchase money or compensation 
 may have been awarded. 
 
 (2.) Every such verdict and judgment shall be deemed a record, 
 and the same, or true copies thereof, shall be good evidence in all Courts 
 and elsewhere. 
 
 (3.) All persons may inspect the said verdicts and judgments, and 
 may have copies thereof or extracts therefrom, on paying respectively 
 the fees payable to the Registrar for inspection of records and for 
 copies of or extracts therefrom ; which copies or extracts the Registrar 
 is hereby required to make out, and to sign and certify the same to be 
 true copies or extracts, 
 
 172. On every such inquiry before assessors, where the ver.^iet of Rule as to 
 the assessors is given for a greater sum than the sum previously iipportionmenc 
 offered by the promoters of the undertaking, all the costs of such "nqu'j^y^ ° 
 inquiry shall be borne by the promoters of the undertaking; but if 
 
 the verdict of the assessors is givea for the same or a less sum than 
 the sum previously offered by the promoters of the undertaking, or 
 if the owner of the lands has failed to appear at the time and place 
 appointed for the inquiry, having received due notice thereof, one-half 
 of the costs of summoning, returning, and selecting the assessors, and 
 of taking the inquiry, and recording the verdict and judgment thereon, 
 in case such verdict is taken, shall be defrayed by the owner of the 
 lands, and the other half by the promoters of the undertaking, and 
 each party shall bear his own costs, other than as aforesaid, incident to 
 such inquiry. 
 
 173. The costs of any such inquiry shall, in case of difference, be Settlement 
 settled by the Taxing Officer of the Court in Demerara and Essequebo °ase°of^difier- 
 or in Berbice, according as the lands are situate, on the application of ence. 
 either party ; and such costs shall include all reasonable costs, charges, 
 
 and expenses incurred in summoning, returning, and selecting the 
 assessors, taking the inquiry, the attendance of witnesses, the employ- 
 ment of counsel and attorneys, recording the verdict and judgment 
 thereon, and otherwise incident to such inquiry. 
 
 174. — (1.) If any such costs are payable by the promoters of the PajTnent of 
 undertaking, and if, within seven days after demand, such costs are not costs, 
 paid to the party entitled to receive the same, they shall be recoverable 
 by distress, and, on application to any Justice, he shall issue his 
 warrant accordingly. 
 
 (2). If any such costs are payable by the owner of the lands or of 
 any interest therein, the same may be deducted and retained by the 
 promoters of the undertaking out of any moneys awarded by the 
 assessors to such owner, or deterniined by the valuation of valuators 
 under the provision hereinafter contained ; and the payment or a deposit
 
 80 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 EeUef of 
 assessors. 
 
 Determination 
 by three 
 valuators of 
 comiiensatiou 
 to absent 
 parties. 
 
 Nomination 
 of valuators. 
 
 Declaration 
 to be made 
 by valuator. 
 
 Production 
 of valuation, 
 etc., to owner 
 of lands. 
 
 Expenses of 
 valuation. 
 
 Bule as to 
 estimating 
 
 of the remainder, if any, of such moneys, shall be deemed payment and 
 satisfaction of the whole thereof, or, if such costs exceed the amount of 
 the money so awarded or determined, the excess shall be recoverable by 
 distress, and, on application to any Justice, he shall issue his warrant 
 accordingly. 
 
 175. No assessor shall, without his consent, be summoned or 
 required to attend any such proceeding as aforesaid more than once in 
 any year. 
 
 176. The purchase money or compensation to bo paid for any lands 
 to be purchased or taken by the promoters of the undertaking from 
 any party who, by reason of absence from the Colony, is prevented 
 from treating, or who cannot after diligent inquiry be found, or who 
 does not appear at the time appointed for the inquiry before the 
 assessors as hereinbefore provided fur, after due notice thereof, and the 
 compensation to be paid for any permanent injury to such lands, shall 
 be such as may be determined by the valuation of the majority of such 
 three able practical valuators as two Justices may nominate for that 
 purpose, as hereinafter mentioned. 
 
 177. On application by the promoters of the undertaking to two 
 Justices, and on such proof as may be satisfactory to them that any 
 such party is, by reason of absence from the Colony, prevented from 
 treating, or cannot after diligent inquiry be found, or that any such 
 party failed to appear on such inquiry before assessors as aforesaid, 
 after due notice to him for that purpose, such Justices shall, by 
 writing under their hands, nominate three able practical valuators for 
 determining such compensation as aforesaid ; and the majority of such 
 valuators shall determine the same accordingly, and shall annex to 
 their valuation a declaration in 
 correctness thereof. 
 
 writing, subscribed by them, of the 
 
 178. — (1.) Before such valuators enter upon the duty of making 
 such valuation as afoi'esaid, each of them shall, in the presence of 
 such Justices or one of them, make and subscribe the declaration 
 following at the foot of such nomination, that is to say, — 
 
 " I, A.B,, do solemnly and sincerely declare that I will faithfully, irapartialh', 
 and honestly, according to the best of my skill and ability, execute the 
 duty of making the valuation hereby referred to me. 
 
 AB. 
 
 Made and subscribed in the presence of ." 
 
 (2. ) If any valuator corruptly makes such declaration, or, having 
 made such declaration, wilfully acts contrary thereto, he shall be guilty 
 of a misdemeanor. 
 
 179. The nomination and declaration shall be annexed to the valua- 
 tion to Ije made by such valuators, and shall be preserved together 
 therewith by the promoters of the undertaking ; and they shall at all 
 times produce the said valuation and other documents, on demand, to 
 the owner of the lands comprised in such valuation, and to all other 
 parties interested therein. 
 
 1 80. All the expenses of and incident to every such valuation shall 
 be borne by the promoters of the undertaking. 
 
 181. in estimating the purchase money or compensation to be paid 
 by the promoters of the undertaking in any of the cases aforesaid,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 8i 
 
 regard shall Ijc had by the Justices, arbitrators, or valuators, as the purchase 
 case may l)e, not only to the value of the laud to be purchased, or '"""*^>'' ^**^- 
 tiiken by the promoters of the undertaking, liut also to the damage, 
 if any, to be sustained by the owner of the lands, by reason of the 
 severing oi the lands taken fiom the other lands of such owner or 
 otherwise injuriously affecting such other lands by the exercise of the 
 powers of this or the Special Ordinance, or of any Ordinance incor- 
 porated therewith. 
 
 182. — (1.) When the compensation payable in respect of any lands, Sulimission 
 or of any interest therein, has been ascertained by the valuation of to nrljiti-ntion 
 valuators, and deposited in the Registrar's Office under the provisions tionTscertained 
 herein contained, by reason that the owner of or party entitle' I to % valuation, 
 transport and convey such lands or such interest therein as aforesaid 
 could not be found, or was absent from the Colony, if such owner or 
 party is dissatisfied with such valuation, it shall be lawful for him, 
 before he has applied to the Court for payment or investment of the 
 moneys so deposited undur the provisions herein contained, by notice 
 in writing to the promoters of the undertaking, to require the question 
 of such compensation to be submitted to arbitration ; and thereupon 
 the same shall be so submitted accordingly, in the same manner as in 
 other cases of disputed compensation hereinbefore authorized or required 
 to be submitted to arbitration. 
 
 (2.) The question to be submitted to the arbitrators in such case 
 shall be whether the said sum so deposited as aforesaid by the promoters 
 of the undertaking was a sufficient sum, or whether any and what 
 further sum ought to be paid or deposited by them. 
 
 183. If the arbitrators award that a further sum ought to be paid Payment or 
 or deposited by the promoters of the undertaking, they shall pay or ^''l^^^^j]; ^f, 
 deposit, as the case may require, such further sum within fourteen 
 days after the making of such award, or, in default thereof, the same 
 may be recovered, with costs, by action in any Court of competent 
 jurisdiction. 
 
 further sum, 
 if awarded. 
 
 184. If the arbitrators determine that the sum so deposited was 
 sufficient, the costs of and incident to such arbitration, to be deter- 
 mined by the arbitrators, shall be in the discretion of the arbitrators ; 
 but if the arbitrators determine that a further sum ought to be paid 
 or deposited by the promoters of the undertaking, all the costs of and 
 incident to the arbitration shall be borne by the promoters of the 
 undertaking, 
 
 185, — (1.) If any party is entitled to any compensation in respect 
 of any lands, or of any interest therein, which have been taken for, 
 or injuriously affected by the execution of, the works, and for which 
 the promoters of the undertaking have not made satisfaction under 
 the provisions of this or the Special Ordinance, or of any Ordinance 
 incorporated therewith, and if the compensation claimed in such case 
 exceeds the sum of two hundred and forty dollars, such party may 
 have the same settled either by arbitration or by the verdict of 
 assessors, as he may think fit. 
 
 (2.) If such party desires to have the same settled by arbitration, 
 it shall be lawful for him to give notice in writing to the promoters 
 of the undertaking of such his desire, stating in such notice the nature 
 
 Costs of 
 arbitration. 
 
 Compensation 
 to be settled 
 by arbitrators 
 or assessors, 
 at option of 
 party entitled 
 to lauds.
 
 82 
 
 No. 1.] THE LAWS OF BRITISH GUIANA . [A.D. 1846. 
 
 Power to 
 extend coni- 
 pulsoi-y powers 
 of purchase, 
 where thought 
 uecessai-y. 
 
 of the interest in such lands in respect of which he claims compensa- 
 tion, and the amount of the compensation so claimed therein ; and 
 unless the promoters of the undertaking are willing to pay the amount 
 of the compensation so claimed, and enter into a written agreement for 
 that purpose within twenty-one days after the receipt of such notice 
 from any party so entitled, the same shall be settled by arbitration in 
 the manner herein provided ; or, if tlie party so entitled as aforesaid 
 desires to have such question of compensation settled by assessors, it 
 shall be lawful for him to give notice in writing of such his desire 
 to the promoters of the undertaking, stating such particulars as afoi'e- 
 said ; and unless the promoters of the undertaking are willing to pay 
 the amount of compensation so claimed, and enter iuto a written 
 agreement for that purpose, they shall, withii\ twenty-one days after 
 the receipt of such notice, issue their warrant to the Magistrate of the 
 District to summon assessors for settling the same in the manner 
 herein provided, and, in default thereof, they shall be liable to pay to 
 the party so entitled as aforesaid the amount of compensation so 
 claimed, and the same may be recovered by him, with costs, by action 
 in any Court of competent jurisdiction. 
 
 186. Whereas, after the expiration of the periods limited by the 
 Special Ordinance for the exercise of compulsory powers to purchase 
 and take lands, it may be found necessary for the public safety that 
 additional land should be taken, after the expiration of such periods, 
 for the purpose of giving increased width to the embankments and 
 inchnation to the slopes of railways, or for making approaches to 
 bridges or archways, or for doing such works for the repair or pre- 
 vention of accidents or otherwise as herein described : Be it there- 
 fore enacted that in every case in which the Govern or-in -Council 
 may consider and determine that the public safety requires that 
 additional land should be taken by any railway or other company 
 for such purposes as aforesaid, the compulsory powers of purchasing 
 and taking land contained in the Special Ordinance, together with all 
 the clauses and provisions relative thereto, shall, as regards any such 
 portion or portions of land as is or are mentioned in any order of the 
 Governor in- Council, revive and be in full force for such further 
 period as may be mentioned in such order : Provided always that 
 any railway or other company applying to the Governor-in- 
 Council for any such order shall give fourteen days' notice in 
 writing, in the manner prescribed by the special Ordinance of such 
 company for serving notices on landowners of their intention to 
 make such apphcation, to all the parties interested in such lands, or 
 such of them as may be known to the company, and shall state in 
 such notice the particulars of the lands required ; and if any of 
 such parties interested apply, within the said period of fourteen days, 
 to the Governor-in-Counoil, such party shall be heard by them 
 before any such order is given : Provided, also, that where any such 
 application has been made by any railway or other company to the 
 Governor in-Council, on which application any such order has been 
 refused, the directors of such company shall, if required by the Governor- 
 in-Council, repay to the party or parties resisting such application any 
 expenses which he or they may have incurred in resisting such 
 application.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 8S 
 
 Deposit of 
 purchase money 
 or compensa- 
 tion of certain 
 amount payable 
 to parties under 
 disability. 
 
 Application of Purchase Money or Compensation coming 
 to Parties having Limited Interests, etc. 
 
 187. If the purchase money or compensation which may be payable 
 in respect of any lauds, or of any interest therein, purchased or taken 
 by the promoters of the undertaking from any corporation, tenant for 
 life or in tail, married woman seised in her own right or entitled to 
 dower, guardian, committee of lunatic or idiot, trustee, executor, 
 sequestrator, or administrator, or person having a partial or qualified 
 interest only in such lands, and not entitled to sell, transport or con- 
 vey the same, except under the provisions of this or the Special 
 Ordinance, or the compensation to be paid for any permanent damage 
 to any such lands, amounts to or exceeds the sum of nine hundred and 
 sixty dollars, the same shall be paid into the Registi'ar's Office, there to 
 remain so deposited until the same is applied to some one or more of 
 the following purposes, that is to say, — 
 
 (1.) In the discbarge of any debt or incumbrance affecting the lands 
 in respect of which such money may have been paid, or affecting 
 other lands settled therewith to the same or the like uses, trusts, 
 or purposes ; or 
 
 (2.) In the purchase of other lands to be conveyed, limited, and 
 settled upon the like uses, trusts, and purposes, and in the same 
 manner, as the lands in respect of which such money maj^ have 
 been paid stood settled ; or 
 
 (3.) If such money is paid in respect of any buildings taken under 
 the authority of this or the Special Ordinance, or injured by the 
 proximity of the works, in removing or replacing such buildings, 
 or substituting others in their stead, in such manner as the Court 
 may direct ; or 
 
 (4. ) In payment to any party becoming absolutely entitled to such 
 money. 
 
 188. Such money may be so applied as aforesaid, upon an order of Order for 
 the Court made on the petition of the party who would have been - — 
 entitled to the rents and profits of the lands in respect of which such 
 money may have been deposited, and until the money can be so 
 applied, it may, upon the like order, be invested by the Court in the 
 purchase of three per cent. consoHdated, or three per cent, reduced, 
 bank annuities, or in Government or real securities, and the interest, 
 dividends, and annual proceeds thereof paid to the party who would 
 for the time being have been entitled to the rents and profits of the 
 lands. 
 
 189. — (1.) If such purchase money or compensation does not 
 amount to the sum of nine hundred and sixty dollars, and exceeds 
 the sum of ninety-six dollars, the same shall either be paid into the 
 Registrar's Office and applied in the manner hereinbefore directed 
 with respect to sums amounting to or exceeding nine hundred and 
 sixty dollars, or the same may lawfully be paid to two trustees, to be 
 nominated by the parties eutided to the rents or profits of the lands 
 in respect whereof the same may be payable, such nomination to 
 be signified by writing under the hands of the party so entitled ; 
 and, in case of the coverture, infancy, lunacy, or other incapacity of 
 the parties entitled to such money, such nomination may lawfully be 
 
 VOL. I, 7 
 
 application, 
 and investment 
 meanwhile. 
 
 Dealing with 
 purchase 
 money or 
 compensation 
 of less amount 
 payable to 
 parties under 
 disability.
 
 u 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 made by their respective husbands, guardians, committees, or trustees ; 
 but such last-mentioned application of the moneys shall not be made 
 unless the promoters of the undertaking approve thereof and of the 
 trustees named for the purpose. 
 
 (2.) The money so paid to such trustees, and the produce arising 
 therefrom, shall be applied by such trustees in the manner hereinbefore 
 directed with respect to money paid into the Registrar' s Otfice, but 
 it shall not be necessary to obtain any order of the Court for that 
 purpose. 
 
 (3.) If such money does not exceed the sum of ninety-six 
 dollars, the same shall be paid to the parties entitled to the rents and 
 profits of the lands in respect whereof the same may be payable, 
 for their own use and benefit, or, in case of the coverture, infancy, 
 idiotcy, lunacy, or other incapacity of any such parties, tlien such 
 money shall be paid for their use to the respective husbands, guar- 
 dians, committees, or trustees of such persons. 
 
 Disposal of 190. — (1.) All sums of money exceeding ninety-six dollars which 
 
 sums exceeding may be payable by the promoters of the undertaking in respect of 
 ^96 payable ^\^q taking, using, or interfering with any lands under a contract 
 with persons or agreement with any person who is not entitled to dispose of such 
 not absolutely lands, or of the interest therein contracted to be sold by him, ab- 
 entitled. solutely for his own benefit, shall be paid into the Registrar's Office, 
 
 or to trustees in manner aforesaid. 
 
 (2.) It shall not be lawful for any contracting party not entitled 
 as aforesaid to retain for his own use any portion of the sums so 
 agreed or contracted to be paid for or in respect of the taking, using, 
 or interfering with any such lands, or in lieu of bridges, tunnels, 
 or other accommodation works, or for assenting to or not opposing 
 the passing of any bill authorizing the taking of such lands ; but 
 all such money shall be deemed to have been contracted to be paid 
 for and on account of the several parties interested in such lands 
 as well in possession as in remainder, reversion, or expectancy : 
 Provided always that it shall be in the discretion of the Court or 
 the said trustees, as the case may be, to allot to any tenant for life, 
 or for any partial or quahfied estate, for his own use, a portion of the 
 sum so paid into the Registrar's Office, or to such trustees as aforesaid, 
 as compensation for any injury, inconvenience, or annoyance which he 
 may be considered to sustain, independently of the actual value of the 
 lands to be taken, and of the damage occasioned to the lands held 
 therewith by reason of the taking of such lands and the making of the 
 works. 
 
 Power to the 
 Court ti) direct 
 ajiplication 
 of purcliase 
 money or 
 compensation 
 in respect of 
 lease or 
 reversion. 
 
 191. Where any purchase money or compensation paid into the 
 Registrar's Office under the provisions of this or the Special Ordinance 
 has been paid in respect of any lease for a life or lives or years, or for 
 a life or lives and years, or any estate in lands less than the whole fee 
 simple thereof, or of any reversion dependent on any such lease or 
 estate, it shall be lawful for the Court, on the petition of any party 
 interested in such money, to order that the same shall be laid out, 
 invested, accumulated, and paid in such manner as the Court may 
 consider will give to the parties interested in such money the same 
 benefit therefrom ,as they might lawfully have had from the lease, 
 estate, or reversion in respect of which such money may have been 
 paid, or as near thereto as may be.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 85 
 
 192. — (I.) On deposit in the Registrar's Office, in manner herein- Power to 
 before provided, of the purchase money or compensation agreed or chase'monev 
 awarded to be paid in respect of any lauds purchased or taken by or compensa- 
 the promoters of the undertaking under the provisions of this or tion iii order 
 the Special Ordinance, or of any Ordinance incorporated therewith, transport or 
 the owner of such lands, including in such term all parties by this title. 
 Ordinance enabled to sell and transport or convey such lands, shall, 
 when required to do so by the promoters of the undertaking, duly 
 transport and convey such lands to the promoters of the undertaking, 
 or as they may direct ; and, in default thereof, or if he fails to adduce 
 a good title to such lands to their satisfaction, it shall be lawful 
 for the promoters of the undertaking, if they think fit, to deposit in 
 the Registrar's Office aforesaid the amount of such purchase money 
 or compensation ; and, in default of the owner of any such lands 
 refusing or neglecting to pass and execute to and in favour of the 
 company a transport or conveyance of such lands within two months 
 after such deposit, it shall be lawful for the company to petition the 
 Court for authority on a Sworn Clerk to pass the necessary transport 
 or conveyance in manner and form prescribed by law ; and the Court, 
 if it sees fit, shall grant such petition, and shall award to the company 
 the costs of such application, and shall order payment of such costs to 
 be made by the Registrar out of the money deposited as last aforesaid. 
 (2.) Upon the passing of such transport or conveyance, all the 
 estate and interest in such lands of, or capable of being sold and trans- 
 ported or conveyed by, the party between whom and the promoters of 
 the undertaking such agreement may have been come to, or as between 
 whom and the promoters of the undertaking such purchase money or 
 compenitation may have been determined by assessors, or by arbitrators, 
 or by valuators appointed as herein provided, and may have been 
 deposited as aforesaid, shall vest absolutely in the promoters of the 
 undertaking, and, as against such parties and all parties on behalf of 
 whom they are herein enabled to sell and transport or convey the 
 promotei's of the undertaking shall be entitled to immediate possession 
 of such lands. 
 
 193. — If the owner of any such lands purchased or taken by the Power to 
 
 promoters of the undertakinof, or of any interest therein, on tender of ^^°^^^ V^' 
 fi , ''.*'., 1 1 1 i 1 chase mouey 
 
 the purchase money or compensation, either agreed or awarded to be where parties 
 
 paid in respect thereof, refuses to accept the same, or neglects or fails refuse to 
 
 to make out a title to such lands or to the interest therein claimed by ^^'^^'^ i , e c. 
 
 him, to the satisfaction of the promoters of the undertaking, or if he 
 
 refuses to transport or convey or release such lands as directed by the 
 
 promoters of the undertaking, or if any such owner is absent from the 
 
 Colony or cannot after diligent inquiry be found, or fails to appear on 
 
 the inquiry before assessors as herein provided for, it shall be lawful for 
 
 the promoters of the undertaking to deposit the purchase money or 
 
 compensation payable in respect of such lands, or any interest therein, 
 
 in the Registrar's Office to the credit of the parties interested in such 
 
 lands (describing them so far as the promoters of the undertaking can 
 
 do), subject to the control and disposition of the Court. 
 
 194. — (1.) Upon any deposit of money as last aforesaid being Power to the 
 
 made, the Registrar shall give to the promoters of the undertaking. Court, upon 
 
 or to the party paying in such money by their direction, by way niade'to^"^" 
 
 of receipt, a copy of the act of deposit of such money, specifying authorize 
 
 VOL. I. 7a
 
 86 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 transport to 
 be passed. 
 
 Application 
 of money 
 deposited. 
 
 In case of 
 question of 
 title, party in 
 possession to 
 be deemed 
 owner. 
 
 Costs in cases 
 of money 
 deposited. 
 
 therein for what and for whose use (described as aforesaid) the 
 same may have been received, and in respect of what purchase the 
 same may have been paid in ; and it shall be lawful for the promoters 
 of the undertaking, if they think fit, to petition the Court for 
 authority on a Sworn Clerk to pass the necessary transport or 
 conveyance in manner and form prescribed by law ; and the Court, if 
 it sees fit, shall grant such petition, and shall award to the company 
 the costs of such application, and shall order payment of such costs 
 to be made by the Registrar out of the money deposited as last 
 aforesaid. 
 
 (2.) Upon the passing of such transport or conveyance, all the 
 estate and interest in such lands of the parties for whose use, and 
 in respect whereof, such purchase money or compensation may have 
 been deposited, shall vest absolutely in the promoters of the under- 
 taking, and, as against such parties, they shall be entitled to immediate 
 possession of such lands. 
 
 195. On the application by petition of any party making claim to 
 any money so deposited as last aforesaid, or any part thereof, or to the 
 lands in respect whereof the same may have been deposited, or any 
 part of such lands or any interest in the same, the Court may, in a 
 summary way, as to the Court may seem fit, order such money to be 
 laid out or invested in the pubUc funds, or may order distribution 
 thereof or payment of the dividends thereof, according to the respec- 
 tive estates, titles, or interests of the parties making claim to such 
 money or lands, or any part thereof, and may make such order in 
 the premises as to the Court may seem fit. 
 
 196. If any question arises respecting the title to the lands in 
 respect whereof any money may have been so paid or deposited as 
 last aforesaid, the parties respectively in possession of such lands, 
 as being the owners thereof, or in receipt of the rents of such lands 
 as being entitled thereto, at the time of such lands being purchased 
 or taken, shall be deemed to have been lawfully entitled to such 
 lands, until the contrary is shown, to the satisfaction of the Court ; 
 and, unless the contrary is shown as aforesaid, the parties so in 
 possession, and all parties claiming under them or consistently with 
 their possession, shall be deemed entitled to the money so deposited, 
 and to the dividends or interest of the annuities or securities 
 purchased therewith, and the same shall be paid and applied 
 accordingly. 
 
 197. In all cases of money deposited in the Registrar's Office 
 under the provisions of this or the iSpecial Ordinance, or of any Ordin- 
 ance incorporated therewith, except where such money may have 
 been so deposited by reason of the wilful refusal of any party entitled 
 thereto to receive the same, or to transport or convey or release the 
 lands in respect whereof the same may be payable, or by reason of 
 the wilful neglect of any party to make out a good title to the lands 
 required, it shall be lawful for the Court to order the costs of the 
 following matters, including therein all reasonable charges and ex- 
 penses incident thereto, to be paid by the promoters of the under- 
 taking, that is to say, the costs of the purchase or taking of the lands, 
 or which have been incurred in consequence thereof, other than such 
 costs as are herein otherwise provided for, and the costs of the invest- 
 ment of such money in government or real secui'ities, and of the re-
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 87 
 
 investment thereof in the purchase of other lands, and also the costs of 
 obtaining the proper orders for any of the purposes aforesaid, and of 
 the orders for the payment of the dividends and interests of the 
 securities upon which such moneys may be invested, and for the 
 payment out of Court of the principal of such money, or of the 
 securities whereon the same may be invested, and of all proceedings 
 relating thereto, except such as may be occasioned by litigation 
 between adverse claimants : Provided always that the costs of one 
 application only for re-investment of land shall be allowed, unless it 
 appears to the Court that it is for the benefit of the parties interested 
 in the said money that the same should be invested in the purchase of 
 lands, in different sums and at different times, in which case it shall be 
 lawful for the Court, if it thinks fit, to order the costs of any such 
 investments to be paid by the promoters of the undertaking. 
 
 Transports or Conveyances of Lands. 
 
 198. Any transports or conveyance of lands to be purchased under Form of 
 the provisions of this or the Special Ordinance, or of any Ordinance convT/ance^ 
 incorporated therewith, shall be in manner and form prescribed by the 
 
 laws of the Colony. 
 
 199. The costs of every such transport or conveyance shall be borne Costs of 
 by the promoters of the undertaking, and such costs shall include all com-e^-ancT 
 charges and expenses incurred, on the part as well of the seller as of 
 
 tlie purchaser, of all transports or conveyances and assurances of any 
 such lands, and of any outstanding terms or interests therein, and of 
 deducing, evidencing, and verifying the title to such lands, terms, or 
 interests, and of making out and furnishing such abstracts and attested 
 copies as the promoters of the undertaking may require, and all other 
 reasonable expenses incident to the investigation, deduction, and 
 verification of such title. 
 
 200. — (1.) If the promoters of the undertaking and the party en- Settlement of 
 titled to any such costs do not agree as to the amount thereof, such transport or 
 costs shall be taxed by the Taxing Officer as aforesaid, upon an order conveyance in 
 of the Court to be obtained, upon petition in a summary way, by either ^^^^ °^ 
 of the parties ; and the promoters of the undertaking shall pay what 
 the said Taxing Officer may certify to be due in respect of such costs 
 to the party entitled thereto, or, in default thereof, the same may be 
 recovered in the same way as any other costs payable under an order 
 of the Court, or the same may be recovered by distress in the manner 
 herein provided in other cases of costs, 
 
 (2.) The expense of taxing such costs shall be borne by the 
 promoters of the undertaking, unless upon such taxation one-sixth 
 part at least of the amount of such costs is disallowed, in which case 
 the costs of such taxation shall be borne by the party whose costs may 
 be so taxed, and the amount thereof shall be ascertained by the said 
 Taxing Officer, and deducted by him accordingly in his certificate of 
 such taxation. 
 
 201. It shall not be lawful for any person or party whomsoever to Prohibition 
 
 oppose the passing of any transport or conveyance to the company of ^^ p^^^j^^^^^of 
 
 any lands advertised to be transported or conveyed to the company for transport'^or 
 
 the objects and purposes mentioned in this or the Special Ordinance, conveyance,
 
 88 
 
 No. 1.] THE LAWS OF BRITISU GUIANA: [A.D. 1846. 
 
 or deposit of 
 purcliase 
 money made. 
 
 or in any Ordinance incorporated therewith, provided the company, 
 upon notice of any intended opposition, deposits in the Registrar's 
 Office, ad opus jus hahentiuni, the aiuonnt of the purchase money agreed 
 CO be paid for, or the amount of the valuation of, any such lands, 
 ascertained in manner and form herein prescribed. 
 
 Prohibition 
 of entiy upon 
 lands requii'ed 
 except under 
 certain con- 
 ditions or for 
 certam 
 purposes. 
 
 Entry upon Lands hy Promoters of Undertaking. 
 
 202. The promoters of the undertaking shall not, except by con- 
 sent of the owners and occupiers, enter upon any lands which may 
 be required to be purchased or permanently used for the purposes and 
 under the powers of this or the Special Ordinance, until they have 
 either paid to every party having any interest in such lands, or 
 deposited in the Registrar's Office, in manner herein mentioned, the 
 purchase money or compensation agreed or awarded to be paid to 
 such parties respectively for their respective interests therein : Pro- 
 vided always that, for the purpose merely of surveying and taking 
 levels of such lands, and of probing or boring to ascertain the nature 
 of the soil, and of setting out the line of the works, it shall be lawful 
 for the promoters of the undertaking, after giving not less than three 
 or more than fourteen days' notice to the owners or occupiers 
 thereof, to enter upon such lands without previous consent, making 
 compensation for any damage thereby occasioned to the owners or 
 occupiers thereof : Provided, also, that, if the promoters of the under- 
 taking are desirous of entering upon and using any such lands before 
 an agreement has been come to, or an award made or verdict given 
 for the purchase money or compensation to be paid by them in respect 
 of such lands, it shall be lawful for the promoters of the undertaking 
 to deposit in the Registrar's Office, by way of security as herein men- 
 tioned, either the amount of the purchase money or compensation 
 claimed by any party interested in or entitled to sell and transport or 
 convey such lands, and who does not consent to such entry, or such a 
 sum as may, by valuators appointed by two Justices in the manner 
 herein provided in the case of parties who cannot be found, be deter- 
 mined to be the value of such lands, or of the interest therein which 
 such party is entitled to or enabled to sell and transport or convey, and 
 also to give to such party a bond under the common seal of the promoters, 
 if they are a corporation, or, if they are not a corporation, under the 
 hands and seals of the said promoters or any two of them, with two 
 sufficient sureties, to be approved of by two Justices, in case the parties 
 differ, in a penal sum equal to the sum so to be deposited, conditioned 
 for payment to such party, or for deposit in the Registrar's Office for 
 the benefit of the parties interested in such lands, as the case may 
 require, under the provisions herein contained, of all such purchase 
 money or compensation as may in manner herein provided be deter- 
 mined to be payable by the promoters of the undertaking in respect of 
 the lands so entered upon, together with interest thereon at the rate of 
 six per cent, per annum from the time of entering upon such lands, 
 until such purchase money or compensation is paid to such party or 
 deposited in the Registrar's Office for the benefit of the parties 
 interested in such lands, under the provisions herein contained ; and, 
 upon such deposit by way of security being made as aforesaid and such 
 bond being delivered or tendered to such non-consenting party as 
 aforesaid, it shall be lawful for the promoters of the undertaking to 
 enter upon and use such lands without having first paid or deposited
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 89 
 
 the purchase money or compensation in other cases required to be paid 
 or deposited by them before entering upon any lands to be taken by 
 them under the provisions of this or the Special Ordinance. 
 
 203. The money so to be deposited as last aforesaid shall be paid Receipt to be 
 into the Registrar's Office, to be placed there to the credit of the ReSstnir *^ 
 parties interested in or entitled to sell and transport or convey the upon Heijosit 
 lands so to be entered upon, and who may not have consented to such °* money, 
 entry, subject to the control and disposition of the Court ; and, 
 upon such deposit being made, the Registrar shall give to the 
 promoters of the undertaking, or to the party paying in such money 
 by their direction, by way of receipt, a copy of the act of deposit of 
 such money, specifying therein for what purpose and to whose credit 
 the same may have been paid in. 
 
 204. — (1.) The money so deposited as last aforesaid shall remain Effect of 
 in the Registrar's Office by way of security to the parties whose \^^^'f^ 
 lands have been so entered upon for the performance of the condition and application 
 of the bond to be given by the promoters of the undertaking as thereof, 
 herembefore mentioned, and the same may, on the application by 
 petition of the promoters of the undertaking to the Court, be ordered 
 to be invested in bank annuities or CJovemment securities and accu- 
 mulated. 
 
 (2.) Upon the condition of such bond being fully performed, it 
 shall be lawful for the Court, on a like application, to order the 
 money so deposited or the securities in which the same may have 
 been invested, together with the accumulation thereof, to be repaid or 
 transferred to the promoters of the undertaking, or, if such condition 
 is not fully performed, it shall be lawful for the Court to order 
 the same to be applied in such manner as it may think fit for the 
 benefit of the parties for whose security the same may so have been 
 deposited. 
 
 205. — (1.) If the promoters of the undertaking or any of their Penalty on 
 contractors, except as aforesaid, wilfully enter upon and take pos- ^j'^?™"*^',^ 
 session of any lands which may be required to be purchased or hnxAa wiutbout 
 permanently used for the purposes of the Special Ordinance, without consent, 
 such consent as aforesaid, or without having made such payment of purchase"*^" 
 for the benefit of the parties interested in the lands or such deposit money, 
 by way of security as aforesaid, the promoters of the undertaking 
 shall forfeit to the party in possession of such lands the sum of forty- 
 eight dollars over and above the amount of any damage done to such 
 lands by reason of such entry and taking possession as aforesaid, 
 such penalty and damage respectively to be recoverable before two 
 Justices. 
 
 (2.) If the promoters of the undertaking or any of their con- 
 tractors, after conviction in such penalty as aforesaid, continue in 
 unlawful possession of any such lands, the promoters of the under- 
 taking shall be liable to forfeit the sum of ninety-six dollars for every 
 day they or their contractors so remain in possession as aforesaid, 
 such penalty to be recoverable by the owner or party entitled to the 
 possession of such lands, with costs, by action in any Court of com- 
 petent jurisdiction : Provided always that nothing herein contained 
 shall be held to subject the promoters of the undertaking to the 
 payment of any such penalties as aforesaid, if they have, bond fide 
 and without collusion, paid the compensation agreed or awarded to be
 
 90 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 paid in respect of the said lands to any person whom the promoters of 
 the undertaking may have reasonably believed to be entitled thereto, 
 or have deposited the same in the Registrar's Office for the benefit of 
 the parties interested in the lands or made such deposit by way of 
 security in respect thereof as herein mentioned, although such person 
 may not have been legally entitled thereto. 
 
 Effect of 
 decision on 
 right of entry. 
 
 Proceedings 
 in case of 
 refusal of 
 owner or 
 occupier to 
 deliver 
 possession of 
 lands. 
 
 No power to 
 require sale 
 of part of lot, 
 etc. 
 
 206. On the trial of any action for any such penalty as aforesaid, 
 the decision of the Justices under the provision herein contained shall 
 not be held conclusive as to the right of entry upon any such lands by 
 the promoters of the undertaking. 
 
 207. — (1.) If, in any case in which, according to the provisions of 
 this or the Special Ordinance, or of any Ordinance incorporated there- 
 with, the promoters of the undertaking are authorized to enter upon 
 and take possession of any lands required for the purposes of the un- 
 dertaking, the owner or occupier of such lands or any other person 
 refuses to give up the possession thereof, or hinders the promoters of 
 the undertaking from entering upon or taking possession of the same, 
 it shall be lawful for the promoters of the undertaking to issue their 
 warrant to the Magistrate of the District to deliver possession of the 
 same to the person appointed in suoh warrant to receive the same. 
 
 (2.) Upon the receipt of such warrant, the Magistrate shall deliver 
 possession of such lands accordingly, and the costs accruing by reason 
 of the issuing and execution of such warrant, to be determined by the 
 Magistrate, shall be paid by the person refusing to give possession, and 
 the amount of such costs shall be deducted, and retained by the pro- 
 moters of the undertaking from the compensation, if any, then payable 
 by them to such party, or, if no such compensation is payable to such 
 party or if the same is less than the amount of such costs, then such 
 costs or the excess thereof beyond such compensation, if not paid on 
 demand, shall be levied by distress, and, on application to any Justice 
 for that purpose, he shall issue his warrant accordingly. 
 
 208. No party shall at any time be required to sell and transport 
 or convey to the promoters of the undertaking a part only of any lot 
 of land, the extent of which does not exceed one-fourth of an acre, or 
 of any house or other building or manufactory, if such party is willing 
 and able to sell and transport or convey the whole thereof. 
 
 Eight of 
 owner of 
 intersected 
 lands to insist 
 on sale. 
 
 Small Portions of Intersected Lands. 
 
 209. If any lands, not being situated in a town or built upon, are 
 so cut through and divided by the works as to leave, either on both 
 sides or on one side thereof, a less quantity of land than half an acre, 
 and if the owner of such small parcel of land requires the promoters 
 of the undertaking to purchase the same along with the other land 
 required for the purposes of the Special Ordinance, the promoters 
 of the undertaking shall purchase the same accordingly, unless the 
 owner thereof has other lands adjoining that so left into which the 
 same can be thrown, so as to be conveniently occupied thercswith ; 
 and if such owner has any other land so adjoining, the promoters of 
 the undertaking shall, if so required by the owner, at their own 
 expense, throw the piece of land so left into such adjoining lands, by 
 removing the fences and levelling the sites thereof, and by soiling the 
 same in a sufficient and workmanlike manner.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 91 
 
 210. — (1.) If any such lands are so 
 to leave on either side of the works a 
 
 cut through and 
 piece of land of less extent 
 making a 
 
 divided as Right of pro- 
 moters, ill 
 certain cases, 
 than half an acre, or of less value than the expense of making a to insist on 
 bridge, culvert, or such other communication between the land so pu/^^hase of 
 divided as the promoters of the undertaking are, under the provisions lands, 
 of this or the Special Ordinance, or of any Ordinance incorporated 
 therewith, compellable to make, and if the owner of such lands has 
 not other lands ad joining such piece of land, and requires the promoters 
 of the undertaking to make such communication, then the promoters 
 of the undertaking may require such owner to sell to them such piece 
 of land. 
 
 (2.) Any dispute as to the value of such piece of land, or as to 
 what would be the expense of making such communication, shall be 
 ascertained as herein provided for cases of disputed compensation ; and 
 on the occasion of ascertaining the value of the land required to be taken 
 for the purposes of the works, the assessors or the arbitrators, as the 
 case may be, shall, if required by either party, ascertain by their 
 award the value of any such severed piece of land, and also what would 
 be the expense of making such communication. 
 
 Lands subject to Mortgage. 
 
 211. — (1.) It shall be lawful for the promoters of the undertaking 
 to purchase the interest of the mortgagee of any lands which may 
 be required for the purposes of the Special Ordinance, and to do so 
 whether the mortgagee thereof is entitled thereto in his own right or 
 in trust for any other party, and whether such mortgage affects such 
 lands solely or jointly with any other lands not required for the 
 purposes of the Special Ordinance. 
 
 (2.) In oi'der thereto, the promoters of the undertaking may pay 
 or tender to such mortgagee the principal and interest due on such 
 mortgage, together with his costs and charges, if any, and also six 
 months' additional interest, and thereupon the mortgagee shall release 
 his interest in, and the mortgagor shall immediately transport or 
 convey, the lands comprised in such mortgage to the promoters of 
 the undertaking, or as they may direct ; or the promoters of the under- 
 taking may give notice in writing to such mortgagee that they will 
 pay off the principal and interest due on such mortgage at the end of 
 six months, computed from the day of giving such notice ; and if they 
 have given any such notice, then, at the expiration of such notice or 
 at any intermediate period, on payment or tender by the promoters 
 of the undertaking to the mortgagee of the principal money due on 
 such mortgage and the interest which would become due at the end 
 of six months from the time of giving such notice, together with his 
 costs and expenses, if any, the mortgagee shall release his interest 
 in, and the mortgagor shall transport or convey, the lands comprised 
 in such mortgage to the promoters of the undertaking, or as they may 
 direct. 
 
 212. — (1.) If, in either of the cases aforesaid, on such payment or 
 tender, any mortgagee fails to release his interest in, or any mort- 
 gagor fails to transport or convey, the lands comprised in such mort- 
 gage, as directed by the promoters of the undertaking, or if such 
 mortgagor fails to adduce a good title thereto to their satisfaction, 
 it shall be lawful for the promoters of the undertaking to deposit in 
 
 Power to 
 promoters to 
 purchase or 
 pay off 
 mortgage. 
 
 Deposit of 
 mortgage 
 money on re- 
 fusal to release 
 or transport 
 or convey.
 
 92 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Sum to be 
 paid where 
 mortgaged 
 lands are of 
 less value 
 than mort- 
 gage. 
 
 Deposit of 
 money when 
 refused on 
 tender. 
 
 the Registrar's Office, in manner provided by this Ordinance for the 
 depositing of money, the principal and interest, together with the 
 costs, if any, due on such mortgage, and also, if such payment is made 
 before the expiration of six months' notice as aforesaid, such further 
 interest as would at that time become due. 
 
 (2.) It shall be lawful for the promoters of the undertaking, if 
 they think fit, to petition the Court for authority on a Sworn Clerk 
 to pass, in manner and form prescribed by law, the necessary trans- 
 port or conveyance of the lands so mortgaged to the promoters of 
 the undertaking, or as they may direct ; and the Court, if it sees 
 fit, shall grant such petition, and shall award to the company the 
 costs of such application, and shall order payment of such costs to 
 be made by the Registrar out of the money deposited as last aforesaid. 
 
 (3.) On the passing of such transport or conveyance, all the estate 
 and interest of such mortgagee and mortgagor in and to such lands 
 shall vest in the promoters of the undertaking, and they shall be 
 entitled to immediate possession thereof, 
 
 213. — (1.) If any such mortgaged lands are of less value than the 
 principal, interest, and costs secured thereon, the value of such lands, 
 or the compensation to be made by the promoters of the undertaking 
 in respect thereof, shall be settled by agreement between the mort- 
 gagor and mortgagee of such lands on the one part, and the promoters 
 of the undertaking on the other part. 
 
 (2.) If the parties aforesaid fail to agree respecting the amount 
 of such value or compensation, the same shall be determined as in 
 other cases of disputed compensation ; and the amount of such value 
 or compensation, being so agreed upon or determined, shall be paid 
 by the promoters of the undertaking to the mortgagee in satisfaction 
 of his mortgage debt, so far as the same will extend ; and, on payment 
 or tender thereof, the mortgagee shall release all his interest in, and 
 the mortgagor shall transport or convey, such mortgaged lands to the 
 promoters of the undertaking, or as they may direct. 
 
 214, — (1.) If, upon such payment or tender as aforesaid being 
 made, any such mortgagee fails to release his interest in, or the 
 mortgagor fails so to transport or convey, such mortgaged lands, or 
 to adduce a good title thereto to the satisfaction of the promoters of 
 the undertaking, it shall be lawful for them to deposit the amount 
 of such value or compensation in the Registrar's Office in manner 
 provided by this Ordinance for the depositing of money, and every 
 such payment or deposit shall be accepted by the mortgagee in satis- 
 faction of his mortgage debt, so far as the same will extend, and 
 shall be a full discharge of such mortgaged lands from all money 
 due thereon. 
 
 (2.) It shall be lawful for the promoters of the undertaking, if 
 they think fit, to petition the Court for authority on a sworn Clerk to 
 pass, in manner and form prescribed by law, the necessary transport or 
 conveyance of the lands so mortgaged to the promoters of the under- 
 taking or as they may direct, and the Court, if it sees fit, shall grant 
 such petition, and shall award to the company the costs of such appli- 
 cation, and shall order payment of such costs to be made by the 
 Registrar out of the money deposited as last aforesaid. 
 
 (3. ) On the passing of such transport or conveyance, such lands 
 shall become absolutely vested in the promoters of the undertaking,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 93 
 
 and they shall be entitled to immediate possession thereof : Provided, 
 nevertheless, that all rights and remedies possessed by the mortgagee 
 against the mortgagor, by virtue of the mortgage, or of any ])ond or 
 covenant or other obligation, shall remain in force in respect of so 
 much of the mortgage debt as may not have been satisfied by such 
 payment or deposit. 
 
 215. — (1.) If a part only of any such mortgaged lands is required p^^,^!!^^®^ 
 for the purposes of the Special Ordinance, and if the part so required part only of 
 is of less value than the principal money, interests, and costs secured mortgaged 
 on such lands, and the mortgagee does not consider the remaining 
 part of such lands a sufficient security for the money charged thereon 
 or is not willing to release the part so required, then the value of 
 such part, and also the compensation, if any, to be paid in respect 
 of the severance thereof, or otherwise, shall be settled by agreement 
 between the mortgagor and mortgagee on the one part, and the pro- 
 motors of the undertaking on the other part. 
 
 (2.) If the parties aforesaid fail to agree respecting the amount 
 of such value or compensation, the same shall be determined as in 
 other cases of disputed compensation ; and the amount of such value 
 or compensation, being so agreed upon or determined, shall be paid 
 by the promotors of the undertaking to such mortgagee in satisfac- 
 tion of his mortgage debt, so far as the same will extend ; and there- 
 upon the mortgagee shall release all his interest in, and the mortgagor 
 shall transport or convey to the promotors of the undertaking, or 
 as they may direct, all such mortgaged lands, the value whereof may 
 have been so paid. 
 
 (3.) A memorandum of what has been so paid shall be endorsed 
 on the deed creating such mortgage, and shall be signed by the mort- 
 gagee, and a copy of such memorandum shall at the same time, if 
 required, be furnished by the promotors of the undertaking, at their 
 expense, to the mortgagor of the lands comprised in such mortgage 
 deed. 
 
 216. — (1.) If, upon payment or tender to any such mortgagee of 
 the amount of the value or compensation so agreed upon or deter- 
 mined, such mortgagee fails to release his interest in, or the mort- 
 gagor fails to transport or convey to the promotors of the undertaking, 
 or as they may direct, the lands in respect of which such compensation 
 has been so paid or tendered, or if such mortgagor fails to adduce a 
 good title thereto to the satisfaction of the promotors of the undertaking, 
 it shall be lawful for the promoters of the undertaking to pay the 
 amount of such value or compensation into the Registrar's Office, in 
 manner provided by this Ordinance for the depositing of money, 
 and such payment or deposit shall be accepted by such mortgagee in 
 satisfaction of his mortgage debt, so far as the same will extend, and 
 shall be a full discharge of the portion of the mortgaged lands so 
 required from all moneys due thereon. 
 
 (2.) It shall be lawful for the promoters of the undertaking, 
 if they think fit, to petition the Court for, and to obtain, transport 
 or conveyance of the lands in question, in manner and form herein- 
 before provided. 
 
 (3.) On such transport or conveyance being obtained, such lands 
 shall become absolutely vested in the promotors of the undertaking 
 as to all right, title, and intei-est therein, and they shall be 
 
 Deposit of 
 money when 
 refused on 
 tender.
 
 94 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Compensation 
 to be made in 
 certain cases, 
 if mortgage, 
 paid oif before 
 stipulated 
 time. 
 
 Apportion- 
 ment of rent 
 where part 
 only of lands 
 under lease 
 taken. 
 
 entitled to immediate possession thereof ; but, nevertheless, every such 
 mortgagee shall have the same powers and remedies for recovering or 
 compelling payment of the mortgage money or the residue thereof, as 
 the case may be, and the interest thereof respectively, upon and 
 out of the residue of such mortgaged lands, or the portion thereof 
 not required for the purposes of the Special Ordinance, as he would 
 otherwise have had or been entitled to for recovering or compelling 
 payment thereof upon or out of the whole of the lands originally 
 comprised in such mortgage. 
 
 217. — (1) If, in any of the cases hereinbefore provided for with 
 respect to lands subject to mortgage, a time has been limited in the 
 mortgage deed for payment of the principal money thereby secured, 
 and, under the provisions hereinbefore contained, the mortgagee has 
 been required to accept payment of his mortgage money, or a part 
 thereof, at a time earlier than the time so limited, the promoters of 
 the undertaking shall pay to such mortgagee, in addition to the 
 sum which has been so paid off, all such costs and expenses as may 
 be incurred by such mortgagee in respect of or which may be 
 incidental to the re-investment of the sum so paid off, such costs, in 
 case of difference, to be taxed and payment thereof enforced in 
 manner herein provided with respect to the costs of transports or 
 conveyances. 
 
 (2.) If the rate of interest secured by such mortgage is higher 
 than, at the time of the same being so paid off, can reasonably be 
 expected to be obtained ou re-investing the same, regard being had 
 to the then current rate of interest, such mortgagee shall be entitled 
 to receive from the promoters of the undertaking, in addition to 
 the principal and interest hereinbefore provided for, compensation in 
 respect of the loss to be sustained by him by reason of his mortgage 
 money being so prematurely paid off, the amount of compensation 
 to be ascertained, in case of difference, as in other cases of disputed 
 compensation. 
 
 (3.) Until payment or tender of such compensation has been made 
 as aforesaid, the promoters of the undertaking shall not be entitled to 
 possession of the mortgaged lands under the provision hereinbefore 
 contained. 
 
 Lands subject to Leases. 
 
 218. — (1.) If any lands are comprised in a lease for a term of years 
 unexpired, part only of which lands is required for the purposes of 
 the Special Ordinance, the rent payable in respect of the lands 
 comprised in such lease shall be apportioned between the lands so 
 required and the residue of such lands. 
 
 (2.) Such apportionment may be settled by agreement between 
 the lessor and lessee of such lands on the one part and the pro- 
 moters of the undertaking on the other part, and, if such apportion- 
 ment is not so settled by agreement between the parties, such 
 apportionment shall be settled by two Justices. 
 
 (.3.) After such apportionment, the lessee of such lands shall, as 
 to all future accruing rent, be liable only for so much of the rent as 
 may be so apportioned in respect of the lands not required for the 
 purposes of the Special Ordinance, and as to the lands not so required, 
 and as against the lessee, the lessor shall have all the same rights and 
 remedies for the recovery of such portion of rent as, previously to
 
 to tenant 
 from year to 
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 95 
 
 such apportionmeat, he had for the recovery of the whole rent reserved 
 by such lease ; and all the covenants, conditions, and agreements of 
 such lease, except as to the amount of rent to be paid, shall remain in 
 force with regard to that part of the lands which may not be required 
 for the purposes of the Special Ordinance, in the same manner as they 
 would have done in case such part only of the lands had been included 
 in the lease. 
 
 219. Every such lessee as last aforesaid shall be entitled to receive Compensation 
 from the promoters of the undertaking compensation for the damage '^ ^^^^^' 
 done to him in his tenancy by reason of the sevei'ance of the lands 
 required from those not required or otherwise by reason of the exe- 
 cution of the works, 
 
 220. — (1.) If any such lands are in the possession of any person Compensation 
 having no greater interest therein than as tenant for a year or from 
 year to year, and if such person is required to give up possession of year 
 any lands so occupied by him before the expiration of his term or 
 interest therein, he shall be entitled to compensation for the value 
 of his unexpired term or interest in such lands, and for any just 
 allowance which ought to be made to him by an incoming tenant, 
 and for any loss or injury which he may sustain, or, if a part only of 
 such lands is required, compensation for the damage done to him in his 
 tenancy by severing the lands held by him, or otherwise injuriously 
 affecting the same. 
 
 (2.) The amount of such compensation shall be determined by 
 two Justices, in case the parties differ about the same. 
 
 (3.) On payment or tender of the amount of such compensation, 
 ail such persons shall respectively deliver up to the promoters of the 
 undertaking, or to the person appointed by them to take possession 
 thereof, any such lands m their possession required for the purposes 
 of the Special Ordinance. 
 
 221. If any person having a greater interest than as tenant at will Production of 
 
 lease in 
 certain cases. 
 
 claims compensation in respect of any unexpired term or interest under ^^^^^ ^ 
 
 any lease or grant of any such lands, the promoters of the undertaking 
 may require such person to produce the lease or grant in respect of 
 which such claim may be made, or the best evidence thereof in his 
 power ; and if, after demand made in writing by the promoters of the 
 undertaking, such lease or grant, or such best evidence thereof, is not 
 produced within twenty-one days, the party so claiming compensation 
 shall be considered as a tenant holding only from year to year, and be 
 entitled to compensation accordingly. 
 
 222. The powers of the promoters of the undertaking for the com- Limitation of 
 pulsory purchase or taking of lands for the purposes of the Special g^^ciseof 
 Ordinance shall not be exercised after the expiration of the prescribed compulsory 
 period, and, if no period is prescribed, not after the expiration of three powers of 
 years from the commencement of the Special Ordinance. ^ 
 
 Interests in Lands by Mistake omitted to he purchased. 
 
 223. If, at any time after the promoters of the undertaking have Power to 
 entered upon any lands which, under the provisions of this or the ^j^°/j^^j^^g^ 
 Special Ordinance, or of any Ordinance incorporated therewith, they to purchase 
 were autnorized to purchase, and which may be permanently required interests iu
 
 96 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 lands omitted 
 by mistake to 
 be purchased. 
 
 Mode of 
 estimating 
 compensation 
 for interest in 
 lands. 
 
 Payment of 
 costs of 
 litigation as 
 to lands. 
 
 for the purposes of the Special Ordinance, any party appears to be 
 entitled to any estate, right, or interest in or charge affecting such 
 lands which the promoters of the undertaking, through mistake or 
 inadvertence, have failed or omitted duly to purchase, or to pay 
 compensation for, then, whether the period allowed for the purchase 
 of lands has expired or not, the promoters of the undertaking shall 
 remain in the undisturbed possession of such lands, provided that, 
 within six months after notice of such estate, right, interest, or charge, 
 in case the same is not disputed by the promoters of the undertaking, 
 or, in case the same is disputed, then within six months after the 
 right thereto has been finally established by law in favour of the 
 party claiming the same, the promoters of the undertaking shall 
 purchase or pay compensation for the same, and shall also pay to 
 such party, or to any other party who may establish a right thereto, 
 full compensation for the mesne profits or interest which would have 
 accrued to such parties x*espectively in respect thereof during the 
 interval between the entry of the promoters of the undertaking 
 thereon and the time of the payment of such purchase money or 
 compensation by the promoters of the undertaking, so far as such 
 mesne profits or interest may be recoverable at law or in equity ; and 
 such purchase money or compensation shall be agreed on or awarded 
 and paid in like manner as, according to the provisions of this 
 Ordinance, the same respectively would have been agreed on. or 
 awarded and paid in case the promoters of the undertaking had 
 purchased such estate, right, interest, or charge before their entering 
 upon such land, or as near thereto as circumstances will admit. 
 
 224. In estimating the compensation to be given for any such last- 
 mentioned lands, or any estate or interest in the same, or for any 
 mesne profits thereof, the assessors, or arbitrators, or Justices, as the 
 case may be, shall assess the same according to what they may find to 
 have been the value of such lands, estate, interest, and profits at the 
 time such lands were entered upon by the promoters of the under- 
 taking, and without regard to any improvements or works made in 
 such lands by the promoters of the undertaking, and as though the 
 works had not been constructed. 
 
 225. In addition to the said purchase money, compensation, or 
 satisfaction, and before the promoters of the undertaking become 
 absolutely entitled to any such estate, interest, or charge, or to have 
 the same merged or extinguished for their benefit, they shall, when the 
 right to any such estate, interest, or charge has been disputed by the 
 company and determined in favour of the party claiming the same, 
 pay the full costs and expenses of any proceedings at law or in equity 
 for the determination or recovery of the same to the parties with whom 
 any such litigation in respect thereof may have taken place ; and such 
 costs and expenses shall, in case the same are disputed, be settled by 
 the Taxing Oflicer acting in the County in which such litigation 
 took place. 
 
 Sale of supfr« 
 fluous liiiuls. 
 
 Lands Acquired hy Promoters of Undertaking, but not required 
 
 for purposes thereof 
 
 226. Within the prescribed period, or, if no period is prescribed, 
 within ten years after the expiration of the time limited by the Special 
 Ordinance for the completion of the works, the Promoters of the
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 97 
 
 Superfluous 
 lands to be 
 offered in first 
 instance to 
 owners of 
 lands from 
 which they 
 were taken, 
 etc. 
 
 undertaking shall absolutely sell, transport, and dispose of all lands 
 acquired by them under the provisions of tliis or tiie Special Ordinance, 
 or of any Ordinance incorporated therewith, but which may not be 
 required for the purposes thereof, and shall apply the purchase money 
 arising from such sales to the purposes of the Special Ordinance ; 
 and, in default thereof, all such superfluous lands remaining unsold 
 at the expiration of such period shall thereupon vest in and become 
 the property of the owners of the lands adjoining thereto, in proportion 
 to the extent of their lands respectively adjoining the same. 
 
 227.— (1.) Before the promoters of the undertaking dispose of any 
 such superfluous lands, they shall, unless such lands are situated in 
 a town, or are lands built upon or used for building purposes, first offer 
 to sell the same to the person then entitled to the lands, if any, from 
 which the same were originally severed ; or, if such person refuses to 
 purchase the same, or cannot after diligent inquiry be found, then the 
 like offer shall be made to the person or to the several persons whose 
 lands immediately adjoin the lands so proposed to be sold, such 
 persons being capable of entering into a contract for the purchase of 
 such lands ; and when more than one such person are entitled to such 
 right of pre-emption, such offer shall be made to such persons in 
 succession, one after another, in such order as the promoters of the 
 undertaking may think fit. 
 
 (2.) If any. such persons are desirous of purchasing such lands, 
 then, within six weeks after such offer of sale, they shall signify their 
 desire in that behalf to the promoters of the undertaking, or, if they 
 decline such offer, or if for six weeks they neglect to signify their desire 
 to purchase such lands, the right of pre-emption of every such person 
 so declining or neglecting in respect of the lands included in such offer 
 shall cease ; and a declaration in writing made before a Justice of the 
 Peace by some person not interested in the matter in question, 
 stating that such offer was made and was refused, or not accepted 
 within six weeks from the time of making the same, or that the person 
 or all the persons entitled to the right of pre-emption was or were 
 out of the Colony, or could not after diligent inquiry be found, or 
 was or were not capable of entering into a contract for the purchase of 
 such lands, shall in all Courts be sufficient evidence of the facts therein 
 stated. 
 
 228. If any person entitled to such pre-emption is desirous of pur- Settlement of 
 chasing any such lands, and such person and the promoters of the diflference as 
 undertaking do not agree as to the price thereof, then such price shall \.^^^^ 
 be ascertained by arbitration, and the costs of such arbitration shall 
 be in the discretion of the arbitrators. 
 
 229.— (1.) On payment or tender to the promoters of the under- Transport or 
 taking of the purchase money so agreed upon or determined as afore conveyance of 
 said, they shall transport or convey such lands to the purchasers purchasers, 
 thereof, and such transport or conveyance may be signed and executed 
 by any person authorized under the common seal of the promoters of 
 the undertaking, if they are a corporation, or, if they are not a cor- 
 poration, under the hands and seals of the said promoters or any 
 two of the directors or managers thereof, acting by the authority of the 
 body. 
 
 (2.) A transport or conveyance so executed shall be effectual to 
 vest the lands comprised therein in the purchaser of such lands for
 
 98 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 Exercise of 
 powers to 
 construct 
 railway to be 
 subject to 
 provisions of 
 Special 
 Ordinance. 
 
 Deposit of 
 plans and 
 sections of 
 railway, with 
 book of 
 reference. 
 
 Manner in 
 which plans 
 and sections 
 are to be made. 
 
 the estate, right, title, and interest which may so have been purchased 
 by him. 
 
 Construction of Railivay and Works connected therewith. 
 
 230. — (1.) In exercising the powers given to the company by the 
 Special Ordinance to construct the railway and to take lands for that 
 purpose, the company shall be subject to the provisions and restric- 
 tions hereinbefore and hereinafter contained ; and the company shall 
 make to the owners and occupiers of and all other parties interested 
 in any lands taken or used for the purposes of the railway, or 
 injuriously affected by the construction thereof, full compensation for 
 the value of the lands so taken or used, and for all damage sus- 
 tained by such owners, occupiers, aud other parties, by reason of the 
 exercise as regards such lands of the powers of this or the Special 
 Ordinance, or of any Ordinance incorporated therewith, vested in the 
 company. 
 
 (2.) Except where otherwise provided by this or the Special 
 Ordinance, the amount of such compensation shall be ascertained and 
 determined in the manner hereinbefore provided for determining 
 questions of compensation with regard to lands purchased or taken 
 under the provisions of this Ordinance ; and all the provisions herein- 
 before contained shall be applicable to determining the amount of any 
 such compensation, and to enforcing the payment or other satisfaction 
 thereof. 
 
 231. It shall not be lawful for the company to proceed in the 
 execution of the railway unless, two months previously to the com- 
 mencement of such work, a plan, as hereinafter described, is deposited 
 for public inspection at the Registrar's Office of each of the several 
 Counties in or through which the work is proposed to be made, 
 maintained, varied, extended or enlarged, together with a book of 
 reference containing the names of the owners or reputed owners, 
 lessees or reputed lessees, and occupiers of the lands in or through 
 which it is to be made, maintained, varied, extended, or enlarged, or 
 through which every communication to or from the work may be 
 made ; and in the case of public roads, cuts, canals, reservoirs, 
 aqueducts, and railways, a section thereof, as hereinafter described, 
 shall likewise be deposited with such plan. 
 
 232. With respect to the manner in which such plans and sections 
 are to be made, be it enacted as follows : — 
 
 (1.) The plan shall be on a scale of not less than four inches to a 
 mile, and shall describe the line or situation of the whole of the 
 work, and the lands in and through which it is to be made, main- 
 tained, varied, extended, or enlarged, and through which every 
 communication to or from the work may be made ; 
 
 (2.) Where it is the intention of the company to make any lateral 
 deviation from the line of the proposed woi'k, the limits of such 
 deviation shall be defined upon the plan, and all lands included 
 within such limits shall be marked thereon ; and in all cases, 
 except where the whole of such plan is upon a scale of not less 
 than a quai'ter of an inch to every one hundred feet, an additional 
 plan of any building, yard, court-yard, or land within the curtilage 
 of any building, or of any ground cultivated as a garden, either on 
 the original line or included within the limits of the said deviation,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 99 
 
 shall be laid down on the said plan, or on the additional plan 
 deposited therewith, upon a scale of not less than a quarter of an 
 inch to every one hundred feet ; 
 
 (3.) In all cases where it is proposed to make, vary, extend, or 
 enlarge any railway, the plan shall exhibit thereon the distances 
 in miles, furlongs, and chains from one of the termini ; and a 
 memorandum of the radius of every curve not exceeding one 
 mile in length shall be noted on the plan in miles, furlongs, and 
 chains ; 
 
 (4.) The section shall be drawn to the same horizontal scale as the 
 plan, and to a vertical scale of not less than one inch to every one 
 hundred feet, and shall show the surface of the ground marked on 
 the plan, and the intended level of the proposed work, and a datum 
 horizontal line, which shall be the same throughout the whole 
 length ot the work or any branch thereof respectively, and shall be 
 I'eferred to some fixed point stated in writing on the section, near 
 either of the termini ; 
 
 (5.) In every section of a railway, the line marked thereon shall 
 correspond with the upper surface of the rails. 
 
 (6.) Distances on the datum line shall be marked in miles and fur- 
 longs, to correspond with those on the plan ; a vertical measure 
 from the datum line to the line of the railway shall be marked in 
 feet and inches at each change of the gradient or inclination ; and 
 the proportion or rate of inclination between each such change 
 shall also be marked ; 
 
 (7.) The height of the railway over or under the surface of every 
 public road, navigable river, canal, or railway, or junction with 
 a railway, and the height and span of every arch of all bridges 
 and viaducts, shall be marked in figures at every crossing thereof, 
 and the extreme over or under the surface of the ground shall be 
 marked for every embankment and cutting ; and if any altera- 
 tion in the present level or rate of inclination of any public road 
 or i-ailway is intended, then the same shall be stated on the said 
 section, and each numbered ; and cross sections in refei'ence to 
 the said numbers, on a horizontal scale of one inch to every 
 three hundred and thirty feet and on a vertical scale of one inch 
 to every forty feet, shall be added, to explain the nature of such 
 alterations more clearly ; and 
 
 (8.) Where tunnelling as a substitute for open cutting, or a viaduct 
 as a substitute for solid embankment, is intended, the tunnelhng 
 shall be marked by a dotted line on the plan, and shall also be 
 marked on the section, and the viaduct shall be marked on the 
 section. 
 
 233. — (1.) If any omission, mis-statement, or erroneous description Con-ectionof 
 has been made of any lands, or of the owners, lessees, or occupiers of omission, etc., 
 any lands, described on any plan or book of reference mentioned in |,ook'"f rgfej. 
 the Special Ordinance or in the schedule to the Special Ordinance, it ence. 
 shall be lawful for the company, after giving ten days' notice to the 
 owners of the lands affected by such proposed correction, to apply to 
 two Justices for the correction thereof. 
 
 (2.) If it appears to such Justices that such omission, mis-state- 
 ment, or erroneous description arose from mistake, they shall certify 
 the same accordingly, and they shall in such certificate, state the 
 particulars of any such omission, and in what respect any such matter 
 
 VOL. I. 6
 
 100 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846 
 
 has been mis-stated or erroneously described, and such certificate 
 shall be deposited in the Registrar's Office for the several Counties in 
 which the lands affected thereby may be situated, and such certificate 
 shall be kept in such Registrar's Office along with the other docu- 
 ments to which it may relate ; and thereupon such plan, book of 
 reference, or schedule shall be deemed to be corrected according to 
 such certificate ; and it shall be lawful for the company to make the 
 works in accordance with such certificate. 
 
 Deposit ot 
 plan and 
 section of 
 alterations 
 approved by 
 the Govemor- 
 in-Council. 
 
 Deposit of 
 copy of plans, 
 etc., -with 
 Government 
 Secretary. 
 
 Receipt and 
 rij,'ht of 
 inspection of 
 plans and 
 sections. 
 
 234. It shall not be lawful for the company to proceed in the 
 execution of the railway unless it has, two months previously to 
 the commencement of such work, deposited in the Registrar's Office 
 of the several Counties in or through which the railway is intended 
 to pass a plan and section of all such alterations from the original 
 plan and section, as may have been approved of and confirmed by the 
 Governor-in-Council in manner hereinafter mentioned, on the same 
 scale, and containing the same particulars, as the original plan and 
 section of the railway. 
 
 235. A copy of all plans, sections, and books of reference ordered 
 to be deposited as aforesaid shall, on or before the same day, be deposited 
 in the Office of the Government Secretary or Clerk of the Executive 
 Council, to be submitted to the Governor-in-Council for approval and 
 confirmation ; and it shall not be lawful for the company to proceed in 
 the execution of the work until the said plans and sections have been 
 so approved of and confirmed. 
 
 236. The Registrar shall receive the original plans and sections, 
 and also the said plans and sections of alterations, and copies and 
 extracts thereof respectively, and shall retain the same, and shall per- 
 mit all persons interested to inspect any of the documents aforesaid 
 and to make copies of and extracts from the same, on payment by each 
 person to such Registrar of fifty cents for every such inspection, and 
 the further sum of fifty cents for every half hour during which such 
 inspection may continue after the first hour. 
 
 Use as evi- 237. True copies of the said plans and books of reference, or of any 
 
 dence of copies alteration or correction thereof, or extracts therefrom, certified by the 
 o p ans, e c. j^egistrar (which certificate the Registrar shall give to all parties 
 
 interested, when required), shall be received in all Courts of Justice or 
 
 elsewhere, as evidence of the contents thereof. 
 
 238. In making the railway, it shall not be lawful for the company 
 to deviate from the levels of the railway as referred to the common 
 datum line described in the section approved of by the Governor- 
 in-Council, and as marked on the same, to any extent exceeding in 
 any place five feet, or, in passing through a town, village, street, or 
 land continuously built upon, two feet, without the previous consent 
 in writing of the owners and occupiers of the lands in which such 
 deviation is intended to be made ; or, in case any street or public 
 highway is affected by such deviation, then the same shall not be 
 made without the like consent of the trustees, commissioners, or other 
 persons having the control of such street or public highway, or, if 
 there are no such trustees, commissioners or other persons, without the 
 like consent of two or more Justices of the Peace of the district in 
 which such street or public highway may be situated, or without the 
 like consent of any corporation, company, or person affected by such 
 
 Limitation 
 of right of 
 deviation 
 from datum 
 lins described 
 in section.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 101 
 
 deviation : Provided always that it shall be lawful for the company to 
 deviate from the said levels to a further extent without such consent 
 as aforesaid by lowering solid eml>anknieuts or viaducts : Provided, 
 also, that the requisite height of headway as prescriljed by this Ordi- 
 nance shall be left for roads, streets, or canals passing under the same : 
 
 Provided, also, that notice of obtaining such consent of two Justices 
 as hereinl^efore required shall, fourteen days previous to the meeting 
 of such Justices, be given in some newspaper circulating in the 
 County in which such deviation or alteration is intended to be made. 
 
 239. — (1.) Before it shall be lawful for the company to make any Notification 
 greater deviation from the level than five feet, or, in any town, village, to be made 
 street, or land continuously built upon, two feet, after having obtained n^^kin"^ neater 
 such consent as aforesaid, it shall be incumbent on the company to deviatimi. 
 give notice of such intended deviation by public advertisement, in- 
 serted once at least in two newspapers, or twice at least in one news- 
 paper, circulating in thn district or neighbourhood where such devi- 
 ation is intended to be made twenty-one days at least before com- 
 mencing to make such deviation. 
 
 (2.) It shall be lawful for the owner of such lands prejudicially 
 affected thereby, at any time before the commencement of making 
 the deviation, to apply to the Governor-in Council, after giving ten 
 days' notice to the company, to decide whether, having regard to 
 the interests of such applicants, such proposed deviation is proper 
 to be made. 
 
 (3.) It shall be lawful for the Governor-in-Council, if he 
 thinks fit, to decide such question accordingly, and either to disallow 
 the making of such deviation or to authorize the making thereof, 
 either simply or with any such modification as may seem proper to 
 the Governor-in-Council. 
 
 (4.) After such decision has been given by the Governor-in- 
 Council, it shall not be lawful for the company to make such deviation 
 except in conformity with such decision. 
 
 240. Where in any place it is intended to carry the railway on an Making of arch, 
 arch or arches or other viaduct as marked on the said plan or section, etc., as mai-ked 
 the same shall be made accordingly ; and where a tunnel is marked on ^-^^^^ oj. section, 
 the said plan or section as intended to be made at any place, the same 
 shall be made accordingly, unless the owners, lessees, or occupiers of 
 the land in which such tunnel is intended to be made consent that the 
 same shall not be so made. 
 
 241. It shall not be lawful for the company to deviate from or 
 alter the gradients, curves, tunnels, or other engineering works de- 
 s bribed in the said plan or section, except within the following hmits, 
 and under the following conditions, that is to say, — 
 
 (1.) Subject to the above provisions in regard to altering levels, it 
 shall be lawful for the company to diminish the inchnation or 
 gradients of the railway to any extent, and to increase the said 
 inclination or gradients as follows, that is to say, in gradients of 
 an inchnation not exceeding one in a hundred, to any extent not 
 exceeding ten feet per mile, or to any further extent which may 
 be decided by the Governor-in-Council to be consistent with the 
 public safety, and not prejudicial to the public interest ; and in 
 grcidients of or exceeding the inclination of one in a hundred, to 
 
 Limitation 
 of right of 
 deviation from 
 gi-adient, etc., 
 described in 
 deposited phm 
 or section. 
 
 VOL. I. 
 
 t)A
 
 102 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 any extent not exceeding three feet per mile, or to any further 
 extent authorized by such decision as aforesaid of the Governor-in- 
 Council ; 
 
 (2.) It shall be lawful for the company to diminish the radius of any 
 curve described in the said plan to any extent which shall leave a 
 radius of not less than half a mile, or to any further extent 
 authorized by such decision as aforesaid of the Grovernor-in- 
 Council ; and 
 
 (3.) It shall be lawful for the company to make a tunnel not marked 
 on the said plan or section, instead of a cutting, or a viaduct 
 instead of a solid embankment, if authorized as aforesaid by such 
 decision of the Governor-in-Council. 
 
 Limitation of 
 right of lateral 
 deviation from 
 line delineated 
 on deposited 
 plan. 
 
 Amount of 
 capital to be 
 deposited before 
 works 
 commenced. 
 
 General powers 
 of constructing 
 works. 
 
 242. It shall be lawful for the company to deviate from the line 
 delineated on the plans so deposited, provided that no such deviation 
 shall extend to a greater distance than the limits of deviation deli- 
 neated upon the said plans, or to a greater extent, in passing through 
 a town, village, or lands continuously built upon, than ten yards, or 
 elsewhere to a greater extent than one thousand four hundred yards 
 from the said hne, and that the railway by means of such deviation be 
 not made to extend into the lands of any person, whether owner, lessee, 
 or occupier, whose name is not mentioned in the books of reference 
 without the previous consent in writing of such person, unless the name 
 of such person has been omitted by mistake, and the fact that such 
 omission proceeded from mistake has been certified in manner herein, 
 or in the Special Ordinance, provided for in cases of unintentional errors 
 in the said books of reference. 
 
 243. No part of the works which may by the Special Ordinance be 
 authorized to be executed shall be undertaken or commenced until it is 
 proved, to the satisfaction of the Governor-in-Council, that a sum equal 
 to one-tenth of the proposed capital of the company has been actually 
 invested in good and available securities, or deposited in a bank, for 
 the prosecution of the work or undertaking mentioned in the Special 
 Ordinance. 
 
 244. Subject to the provisions and restrictions in this and the 
 Special Ordinance, and in any Ordinance incorporated therewith, it 
 shall be lawful for the company, for the purpose of constructing the 
 railway, or the accommodation works connected therewith hereinafter 
 mentioned, to execute any of the following works, that is to say, — 
 
 (1.) It may make or construct in, upon, across, under, or over 
 any lands, or any streets, hills, valleys, roads, dams, railroads, 
 or tramroads, rivers, canals, trenches, brooks, streams, or other 
 waters within the lands described in the said plan, or mentioned 
 in the said books of reference, or any connection thereof, such 
 temporary or permanent inclined planes, tunnels, embankments, 
 aqueducts, bridges, roads, dams, ways, passages, conduits, drains, 
 piers, arches, cuttings, and fences as it may think proper ; 
 
 (2.) It may alter the course of any rivers not navigable, brooks, 
 streams, or water-courses, and of any branches of navigable rivers, 
 such branches not being themselves navigable, and of any roads, 
 dams, streets, or ways within such lands, for the purpose of con- 
 structing and maintaining tunnels, bridges, passages, or other 
 works over or under the same, and divert or alter, as well tem- 
 porarily as permanently, the course of any such rivers or streams
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 
 
 103 
 
 of water, roads, dams, streets, or ways, or raise or sink the level 
 of any such rivers or streams, roads, dams, streets, or ways, in 
 order the more conveniently to carry the same over or under or 
 by the side of the railway, as it may think proper ; 
 
 (3.) It may make drains or conduits into, through or under any 
 lands adjoining the railway, for the purpose of conveying water 
 from or to the railway ; 
 
 (-1.) It may erect and construct such houses, warehouses, offices, 
 and other buildings, yards, stations, wharfs, stellings, engines, 
 machinery, apparatus, and other works and conveniences as it 
 may think proper ; 
 
 (5.) It may from time to time alter, repair, or discontinue the before- 
 mentioned works or any of them, and substitute others in their 
 stead ; and 
 
 (6.) It may do all other acts necessary for making, maintaining, 
 altering, or repairing, and using the railway ; 
 
 Provided always that, in the exercise of the powers by this or the 
 Special Ordinance granted, the company shall do as little damage as 
 can be, and shall make full satisfaction, in manner herein and in the 
 Special Ordinance, and in any Ordinance incorporated therewith, pro- 
 vided, to aU parties interested for all damage sustained by them by 
 reason of the exercise of such powers. 
 
 245. Whereas the Colony is intersected by divers lai-ge rivers and Connexions by 
 creeks intercepting and breaking the communication by land from over^rivers ' 
 many parts of the Colony to other parts thereof : Be it therefore or creeks, 
 enacted that it shall be lawful for the company, if it sees fit, to 
 
 establish a railway, commencing on the bank of the river or creek 
 opposite to the bank on or near to which any part of the railway 
 or railways by the Special Ordinance authorized to be made may 
 terminate or end, and to connect such railways by bridges, boats, or 
 vessels to be propelled by such power as may be deemed expedient by 
 the company, and such railways, the communication between which 
 may be kept up by means of such bridges, boats, or vessels, shall be 
 considered and deemed to be one and the same railway, subject to all 
 the rules, regulations, and provisions contained in this or the Special 
 Ordinance or in any Ordinance incorporated therewith. 
 
 246. Every person who wilfully obstructs any person acting under Penalty for 
 
 the authority of the company in the lawful exercise of its pcTwers in obstructing 
 
 J /i T i- ^1 -1 n 1 setting out of 
 
 setting out the line of the railway, or pulls up or removes any poles or ^^ ^i railway, 
 
 stakes driven into the ground for the purpose of so setting out the line etc 
 
 of the railway, or defaces or destroys any marks made for the same 
 
 purpose, shall for every such offence forfeit a sum not exceeding 
 
 twenty-four dollars. 
 
 Temporary Occupation oj Lands near Railway during 
 Construction thereof. 
 
 247. Subject to the provisions herein and in the Special Ordinance Power to 
 
 contained, it shall be lawful for the company at any time before the company to 
 
 expiration of the period by the Special Ordinance limited for the tempoVarilv 
 
 completion of the railway, to enter upon and use any existing private private lands 
 
 road, being a road gravelled or formed with stones or oth'T hard "^^t'liii '^^^^'»"i
 
 104 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 distance from 
 railway, etc. 
 
 materials, and not being an avenue, or a planted or ornamental road, 
 or an approach to any mansion house, within the prescribed limits, if 
 any, or, if no limits are prescribed, not being more than five hundred 
 yards distant from the centre of the railway, as delineated on the 
 plans ; and to make tramways along any public or private road 
 leading to the sea coast or shore, or to any river, creek, or canal, 
 for the purpose of obtaining therefrom shells, sand, caddy, or other 
 material for constructing, repairing, and consolidating the embank- 
 ments of the railway, or for any other purpose connected with the 
 railway : Provided always that, before the company enters upon or 
 uses any such existing road, it shall give twenty-one dajs' notice of 
 its intention to the owners and occupiers of such road and of the 
 lands over which the same passes, and shall in such notice state 
 the time during which and the purposes for which it intends to 
 occupy such road, and shall pay to the owners and occupiers of 
 such road, and of the lands through which the same passes, such 
 compensation for the use and occupation of such road, either in 
 a gross sum of money or by half-yearly instalments, as may be 
 agreed upon between such owners and occupiers respectively and the 
 company ; or, in case they differ about the compensation, the same 
 shall be settled by two Justices, in the same manner as any compen- 
 sation not exceeding two hundred and forty dollars is herein directed 
 to be settled. 
 
 Power to 
 owners and 
 occupiers of 
 road or lands 
 pro25osed to be 
 taken to object 
 that other road 
 or lands ought 
 to be taken. 
 
 248. — (1.) It shall be lawful for the owners and occupiers of any 
 such road and of the lands over which the same passes, within ten 
 days after the service of the aforesaid notices, by notice in w^riting to 
 the company, to object to the company making use of such road, on 
 the ground that other roads, such as the company is hereinbefore 
 authorized to use for the purposes aforesaid, or that some public road, 
 would be more fitting to be used for the same. 
 
 (2.) On any such objection being made, such proceedings may 
 be had as are hereinafter mentioned with respect to lands temporarily 
 occupied by the company, in respect of which twenty-one days' notice 
 is hereinafter required to be given, and in the same manner as if, 
 in the provisions relative to such proceedings, the word " road " or 
 the words " road and the land over which the same passes," as the 
 case may require, had been substituted in such provisions for the 
 word " lands." 
 
 company to 249. — (1.) Subject to the provisions herein and in the Special 
 
 take temporary Ordinance contained, it shall be lawful for the company, at any time 
 certaLnT^ d^ before the expiration of the period by the Special Ordinance limited 
 without for the completion of the railway, without making any previous 
 
 previous payment, tender, or deposit, to enter upon any lands within the pre- 
 
 payment, etc. scribed limits, or, if no limits are prescribed, not being more than 
 two hundred yards distant from the centre of the railway as deli- 
 neated on the plans, and not being a garden, orchard, or plantation 
 attached or belonging to a house, or a park, planted walk, avenue, 
 or ground ornamentally planted, and not being nearer to the mansion 
 house of the owner of any such lands than the prescribed distance, 
 or, if no distance is prescribed, then not nearer than five hundred 
 yards therefrom, and to occupy the said lands so long as may be 
 necessary for the construction or repair of that portion of the railway, 
 or of the accommodation works connected therewith hereinafter
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 105 
 
 mentioned, and to use the same for any of the following purposes, that 
 is to say, — 
 
 (a.) For the purpose of taking earth or soil by side cuttings 
 therefrom ; or 
 
 {b.) For the purpose of depositing spoil thereon ; or 
 
 (c. ) For the purpose of obtaining materials therefrom for the 
 construction or repair of the railway, or of such accommoda- 
 tion works as aforesaid ; or 
 
 {d.) For the purpose of forming roads thereon to or from or by 
 the side of the railway. 
 
 (2.) In the exercise of the powers aforesaid, it shall be lawful for 
 the company to deposit, and also to manufacture and work upon 
 such lands, materials of every kind used in constructing the railway, 
 and also to dig and take from out of any such lands any clay, stone, 
 gravel, sand, or other things that may be found therein useful or 
 proper for constructing the railway or any such roads as aforesaid, 
 and, for the purposes aforesaid, to erect thereon workshops, sheds, 
 and other buildings of a temporary nature : Provided always that 
 nothing in this Ordinance shall exempt the company from an action 
 for nuisance or other injury, if any, done, in the exercise of the powers 
 hereinbefore given, to the lands or habitations of any person, other 
 than the person whose lands may be so taken or used for any of the 
 purposes aforesaid : Provided also, that no stone or slate quarry, brick- 
 field, or other like place, which at the commencement of the Special 
 Ordinance, may be commonly worked or used for getting materials 
 therefrom for the purpose of selling or disposing of the same, shall be 
 taken or used by the company, either wholly or in part, for any of the 
 purposes lastly hereinbefore mentioned. 
 
 obtaining materials for the construction 
 
 entering 
 
 thereon 
 
 Giving notice 
 in certain cases 
 previous to 
 taking 
 temporary 
 possession 
 of lands. 
 
 250. — (1.) In case any such lands are required for spoil banks 
 or for side cuttings, or for 
 
 or repair of the railway, the company shall, before 
 (except in the case of accident to the railway requiring immediate 
 reparation), give twenty-one days' notice in writing to the owners and 
 occupiers of such lands of its intention to enter upon the same for 
 such purposes ; and in case the said lands are required for any of the 
 purposes hereinbefore mentioned, the company shall (except in the 
 cases aforesaid) give ten days' like notice thereof. 
 
 (2.) The company shall, in any such notice, state the substance 
 of the provisions hereinafter contained respecting the right of such 
 owners or occupiers to require the company to purchase any such 
 lands or to receive compensation for the temporary occupation thereof, 
 as the case may be. 
 
 (3.) The said notice shall either be served personally on such 
 owners and occupiers, or left at their last usual place of abode, if any 
 such can after diligent inquiry be found, and, in case any such owner 
 is absent from the Colony or cannot after diligent inquiry be found, 
 shall also be left with the occupier of such lands, or, if there is no 
 such occupier, shall be fixed upon some conspicuous part of such 
 lands. 
 
 251. — (1.) In any case in which a notice of twenty-one days is Power to o\viier 
 
 hei-einbefore required to be given, it shall be lawful for the owner or i|j*n(js'^''^roposed 
 
 occupier of the lands therein referred to, within ten days after the to be taken to 
 
 service of such notice, by notice in writing to the company, to object object that other
 
 106 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 lands ought to 
 be taken. 
 
 Power to 
 Justices to 
 order that lands 
 shall not be 
 taken. 
 
 Power to 
 Justices to 
 order other 
 lands to be 
 taken. 
 
 Power to 
 Justices to 
 suininon other 
 
 to the company making use of such lands, either on the ground that 
 the lands proposed to be taken for the purposes aforesaid, or some part 
 thereof, or of the materials contained therein, are essential to be retained 
 by such owner in order to the beneficial enjoyment of other neigh- 
 bouring lands belonging to him, or on the ground that other lands 
 lying contiguous or near to those proposed to be taken would be more 
 fitting to be used for such purposes by the company. 
 
 (2.) On any such objection being made, such proceedings may be 
 had as are hereinafter mentioned. 
 
 252. — (1.) If any such objection is on the ground that the lands 
 proposed to be taken, or some part thereof, or of the materials con- 
 tained therein, are essential to be retained by the owner in order to 
 the beneficial enjoyment of other neighbouring lands belonging to him, 
 it shall be lawful for any Justice, on the application of such owner, 
 to summon the company to appear before two Justices, at a time and 
 place to be named in the summons, such time not being later than the 
 expiration of the said twenty-one days' notice. 
 
 (2.) On the appearance of the company, or, in its absence, on 
 proof of due service of the summons, it shall be lawful for such Jus- 
 tices to inquire into the truth of such ground of objection, and if it 
 appears to such Justices that for seme special reason, to be stated in 
 the order hereinafter mentioned, the lands so proposed to be taken, 
 or any part thereof, or of the materials contained thei'ein, are essentia] 
 to be retained by the owner of such lands in order to the beneficial 
 enjoyment of other neighbouring lands belonging to him, and ought 
 not therefore to be taken or used by the company, it shall be lawful 
 for such Justices, by writing under their hands, to order that the 
 lands so proposed to be taken, or some part thereof, or of the materials 
 contained therein, to be specified in such order, shall not be taken or 
 used by the company. 
 
 (3.) After service of such order on the company, it shall not be 
 lawful for it to take or use, without the previous consent in writing 
 of the owner thereof, any of the lands or materials which, by such 
 order, it is ordered not to take or use. 
 
 253. — (1.) If any such objection is on the ground that other lands 
 lying contiguous to those proposed to be taken, and being sufficient 
 in quantity, and such as the company is -hereinbefore authorized to 
 use for the purposes aforesaid, would be more fitting to be used by 
 the company, and if in such case the company refuses to occupy such 
 other lands in lieu of those mentioned in the notice, it shall be lawful 
 for any Justice, on the application of such owner or occupier, to 
 summon the company, and the owners and occupiers of such other 
 lands to appear before two Justices, at a time and place to be named 
 in the summons, such time not being more than fourteen days after 
 such application or less than seven days from the service of the 
 summons. 
 
 (2.) On the appearance of the parties, or, in the absence of any 
 of them, on proof of due service of the summons, it shall be lawful for 
 such Justices to determine summarily which of the said lands shall be 
 used by the company for the purposes aforesaid, and to authorize the 
 company to occupy and use the same accordingly. 
 
 254. — (1-) If, in the case last mentioned, it appears to such Justices, 
 upon the inquiry before them, that the lands of any other party not
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 107 
 
 summoned before them, being sufficient in quantity and such as the owners of 
 company is hereinbefore authorized to take or use for the purposes |.jj"j,j '^ '^^^ 
 aforesaid, would be more fitting to be used by the company than the 
 lands of the person who may liave been so summoned as aforesaid, it 
 shall be lawful for the said Justices to adjourn such inquiry and to 
 summon such other person to appear before them at any time not being 
 more than fourteen days from such inquiry or less than seven days 
 from the service of such summons. 
 
 (2.) On the appearance of the parties, or, in the absence of any of 
 them, on proof of due service of the summons, it shall be lawful for 
 such Justices to determine finally which lands shall be used for the 
 purposes aforesaid, and to authorize the company to occupy and use the 
 same accordingly. 
 
 255. Before entering, under the provisions hereinbefore contained, GiviaiK of 
 upon any such lands as may be required for spoil banks or for side go^,!j,,y {f 
 cuttings, or for obtaining materials or forming roads as aforesaid, the required, before 
 company shall, if required by the owner or occupier thereof, seven days entemig upon 
 at least before the expiration of the notice to take such lands as 
 hereinbefore mentioned, find two sufficient persons, to be approved of 
 
 by a Justice, in case the parties differ, who shall enter into a bond 
 to auch owner or occupier in a penalty, of such amount as may be 
 approved of by such Justice, in case the parties differ, conditioned for 
 the payment of such compensation as may become payable in respect 
 of the same in manner herein mentioned. 
 
 256. Before the company uses any such lands for any of the Separation of 
 purposes aforesaid, it shall, if required to do so by the owner or lands taken 
 occupier thereof, separate the same by a sufficient fence from the lands.' ° 
 lands adjoining thereto, with such gates as may be required by the 
 
 said owner or occupier for the convenient occupation of such lands, 
 and shall also, to all private roads used by it as aforesaid, put up 
 fences and gates in like manner, in all cases where the same may be 
 necessary to prevent the straying of cattle from or upon the lands 
 traversed by such roads, and, in case of any difference between the 
 owners or occupiers of such roads and lands and the company, as 
 to the necessity of such fences and gates, such fences and gates as 
 any two Justices may deem necessaiy for the purposes aforesaid, on 
 application being made to them in like manner as hereinbefore is 
 provided in respect to the use of such roads. 
 
 257. If any lands are taken or used by the company under the "Working of 
 provisions of this or the Special Ordinance for the purpose of getting f^r^^tt^^" 
 materials therefrom for the construction or repair of the railway or of materialsr 
 the accommodation works connected therewith, the company shall 
 
 work the same in such manner as the surveyor or agent of the owner 
 of such lands may direct, or, in case of disagreement between such 
 surveyor or agent and the company, in such manner as any Justice 
 may direct, on the application of either party, after notice of the time 
 fixed for hearing the application has been giving to the other party. 
 
 258. — (1.) In all cases in which the company, in the exercise of Eight of o^raers 
 the powers aforesaid, enters upon any lands for the purpose of making ^empmarilv 
 spoil banks or side cuttings thei-eon, or for obtaining therefrom mate- taken to require 
 rials for the construction or repair of the railway, it shall be lawful purchase 
 for the owners or occupiers of such lands, or parties having such
 
 108 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Compensation 
 to be made 
 for tempoi-ai7 
 occupation of 
 lauds. 
 
 estates or interests therein as, under the provisions hereinbefore men- 
 tioned, would enaljle them to sell and transport or convey lands to 
 the company at any time during the possession of any such lands 
 by the company, and before such owners or occupiers have accepted 
 compensation from the company in resjiect of such temporary occu- 
 pation, to serve a notice in writing on the com^iany, requiring it to 
 purchase the said lands, or the estates and interests therein capable of 
 being sold and conveyed by them respectively. 
 
 (2.) In such notice, such owners or occupiers shall set forth the 
 particulars of such their estate or interest in such lands, and the 
 amount of their claim in respect thereof, and the company shall there- 
 upon be bound to purchase the said lands, or the estate and interest 
 therein capable of being sold, transported, and conveyed by the parties 
 serving such notice. 
 
 259. In any of the cases aforesaid, where the company is not 
 required to purchase such lands, and in all other cases where it 
 takes temporary possession of lands by virtue of the powers herein 
 or in the Special Ordinance granted, it shall be incumbent on the 
 company, within one month after its entry upon such lands, upon 
 being required to do so, to pay to the occupier of the said lands the 
 value of any crop or dressing that may be thereon, as well as full 
 compensation for any other damage of a temporary nature which he 
 may sustain by reason of its so taking possession of his lands, and also, 
 from time to time during its occupation of the said lands, to pay half- 
 yearly to such occupier or to the owner of the lands, as the case may 
 require, a rent to be fixed by two Justices, in case the parties differ, 
 and also, within six months after it has ceased to occupy the said lands, 
 and not later than six months after the expiration of the time by the 
 Special Ordinance limited for the completion of the railway, to pay to 
 such owner and occupier, or deposit in the Registrar's Office for the 
 benefit of all parties interested, as the case may require, compensation 
 for all permanent or other loss, damage, or injury that may have been 
 sustained by them by reason of the exercise, as regards the said lands, 
 of the powers herein or in the Special Ordinance granted, including 
 the full value of all clay, stone, gravel, sand, and other things taken 
 from such lands. 
 
 Power to 
 company to 
 enter upon 
 adjoining lands 
 to repair 
 accidents, etc. 
 
 260. Whereas it is essential for the public safety, and also for the 
 proper maintenance of railways in a state of efficiency for the public 
 service, that railway companies should have the power in case of 
 accidents or slips happening or being apprehended to their cuttings 
 and embankments or other works, to enter upon the lands adjoining 
 their respective railways for the purpose of repairing or renewing 
 the same, and of doing such works as may be necessary for that 
 purpose : Be it therefore enacted that it shall be lawful for the 
 Governor-in-Council to empower any railway company, in case of any 
 accident or slip happening or being apprehended to any cutting, 
 embankment, or other work belonging to it, to enter upon any lands 
 adjoining its railway for the purpose of repairing or preventing such 
 accident, and to do such works as may be necessary for the purpose : 
 Provided always that, in case of necessity, it shall be lawful for any 
 railway company to enter upon such lands and do such works as aforesaid, 
 without having obtained the previous sanction of the Governor in- 
 Council ; but in every such case, such railway company shall, within
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 109 
 
 forty-eight hours after such entry, make a report to the Governor-in- 
 Council specifying the nature of such accident or apprehended accident, 
 and of the works necessary to be done, and such powers shall cease and 
 determine if the Governor-in-Cuuncil, after considering the said 
 report, declare that their exercise is not necessary for the public 
 safety : Provided also, that such works shall be as little injurious to 
 the said adjoining lands as the nature of the accident or apprehended 
 accident Avill admit of, and shall be executed with all possible despatch, 
 and full compensation shall be made to the owners and occupiers of 
 such lands for the loss or injury or inconvenience sustained by them 
 respectively by reason of such works, the amount of which compensa- 
 tion, in case of any dispute about the same, shall be settled in the same 
 manner as cases of disputed compensation are hereinbefoi-e directed to 
 be settled : Provided, also, that no land shall be taken permanently by 
 any railway company for any such works without authority from the 
 Governor-in-Council as hereinbefore mentioned. 
 
 261. The amount and application of the purchase money and other Ascertainment 
 compensation payable by the company in any of the cases last aforesaid, j^on'e^^or^^ 
 shall be determined in manner hereinbefore provided for determining compensation, 
 the amount and application of the compensation to be paid for lands 
 
 taken under the provisions of this Ordinance. 
 
 Taking oj Lands for Additional Stations, etc. 
 
 262. It shall be lawful for the company, in addition to the lands Power to 
 authorized to be compulsorily taken by it under the powers of this or company to 
 the Special Ordinance, to contract with any party willing to sell the fQi- additional 
 same for the purchase of any lands adjoining or near to the railway, stations, etc 
 not exceeding in the whole the prescribed number of acres, for extra- 
 ordinary purposes, that is to say : — 
 
 (1.) For the purpose of making and providing additional stations, 
 yards, wharfs, stellings, and places for the accommodation of 
 passengers, and for receiving, depositing, and loading or unloading 
 goods or cattle to be conveyed upon the railway, and for the 
 erection of weighing machines, toll houses, offices, warehouses, and 
 other buildings and conveniences ; and 
 
 (2.) For the purpose of making convenient roads or ways to the rail- 
 way, or any other purpose which may be requisite or convenient 
 for the formation or use of the railway. 
 
 Crossing of Roads, or other Interference therewith. 
 
 263. If the railway crosses any turnpike road or public highway, 
 then (except where otherwise provided by the Special Ordinarce), 
 either such road shall be carried over the railway, or the railway shall 
 be carried over such road by means of a bridge, of the height and 
 width, and with the ascent or descent, by this or the Special Ordin- 
 ance in that behalf provided ; and such bridge, with the immediate 
 approaches, and all other necessary works connected therewith, shall 
 be executed, and at all times thereafter maintained at the expense of 
 the company : Provided always that, with the consent of two or more 
 Justices as hereinafter mentioned, it shall be lawful for the company 
 to carry the railway across any highway, other than a public carriage 
 road, on the level, 
 
 Crossing of 
 roads.
 
 110 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Crossing of road 
 on a level. 
 
 Crossmg of 
 public road 
 adjoining 
 station. 
 
 Eegulations as 
 to construction 
 of bridges over 
 roads. 
 
 264. If the railway crosses any turnpike road or public carriage 
 road on a level, the company shall erect, and at all times maintain, 
 good and sufficient gates across such road, on each side of the railway 
 where the same communicates therewith, and shall employ proper 
 persons to open and shut such gates, and such gates shall be kept 
 constantly closed across such road on both sides of the railway, except 
 during the time when horses, cattle, carts, or carriages passing along 
 the same may have to cross such railway, and such gates shall be of 
 such dimensions and so constructed as, when closed, to fence in the 
 railway and prevent horses or cattle passing along the road from 
 entering upon the railway ; and the person entrusted with the care of 
 such gates shall cause the s^ame to be closed as soon as such horses, 
 cattle, carts, or carriages may have passed through the same, under a 
 penalty of ten dollars for every default therein : Provided always that 
 it shall be lawful for the Governor-in-Council, in any case in which 
 he may be satisfied that it will be more conducive to the public 
 safety that the gates on any level crossing over any such road should 
 be kept closed across the railway, to order that such gates shall be kept 
 so closed, instead of across the road ; and in such case such gates shall 
 be kept constantly closed across the railway, except when engines or 
 carriages passing along the railwav may have occasion to cross such 
 road, in the same manner and under the like penalty as herein directed 
 with respect to the gates being kept closed across the road, 
 
 265. Where the railway crosses any public road on a level adjoining 
 to a station, all trains on the railway shall be made to slacken their 
 speed before arriving at such public road, and shall not cross the same 
 at any greater rate of speed than four miles an hour ; and the company 
 shall be subject to all such rules and regulations with regard to such 
 crossings as may from time to time be made by the Governor-in- 
 Council. 
 
 266. Every bridge to be erected for the purpose of carrying the 
 railway over any road shall, except where otherwise provided by the 
 Special Ordinance, be built in conformity with the following regulations, 
 that is to say, — 
 
 (1.) The width of the arch shall be such as to leave thereunder a 
 clear space of not less than thirty-five feet, if the arch is over 
 a turnpike road, and of twenty-five feet, if over a public carriage 
 road, and of twelve feet, if over a private carriage road ; 
 
 (2.) The clear height of the arch from the surface of the road shall 
 not be less than sixteen feet for a space of twelve feet, if the arch 
 is over a turnpike road, and fifteen feet for a space of ten feet, if 
 over a public carriage road, and, in each of such cases, the clear 
 height at the springing of the arch shall not be less than twelve 
 feet ; 
 
 (3.) The clear height of the arch for a space of nine feet shall not be 
 less than fourteen feet over a private carriage road ; and 
 
 (4.) The descent made in the road in order to carry the same under 
 the bridge shall not be more than one foot in thirty feet, if the 
 bridge is over a turnpike road ; one foot in twenty feet, if over 
 a public carriage road : and one foot in sixteen feet, if over a 
 piivate carriage road, not being a tramroad or railroad ; or, if the 
 same is a tramroad or railroad, the descent shall not be greater 
 than the prescribed rate of inclination, and, if no rate is prescribed,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 Ill 
 
 the same shall not be greater than as it existed at the commence- 
 ment of the Special Ordinance. 
 
 267. Every bridge erected for carrying any road over the railway 
 shall, except as oLhervvise provided by the Special Ordinance, be built 
 in conformity with the following regulations, that is to say, — 
 
 (1.) There shall be a good and sufficient fence on each side of the 
 bridge of not less height than four feet, and on each side of the 
 immediate approaches of such bridge of not less than three 
 feet; 
 
 (2.) The road over the bridge shall have a clear space between the 
 fences thereof of tliirty-five feet, if the road is a turnpike road, 
 and twenty-five feet, if a public carriage road, and twelve feet, if 
 a private carriage road ; and 
 
 (3.) The ascent shall not be more than one foot in thirty feet, if the 
 road is a turnpike road ; one foot in twenty feet, if a public 
 carriage road ; and one foot in sixteen feet, if a private carriage 
 road, not being a tramroad or railroad ; or, if the same is a tram- 
 road or railroad, the ascent shall not be greater than the pre- 
 scribed rate of inclination, and, if no rate is prescribed, the same 
 shall not be greater than as it existed at the commencement of 
 the Special Ordinance : 
 
 Provided always that, in all cases where the average available 
 width for the passage of carriages of any existing roads within fifty 
 yards of the points of crossing the same is less than the width herein- 
 befoi-e prescribed for bridges over and under the railway, the width of 
 such bridges need not be greater than such average available width of 
 such roads, but so, nevertheless, that such bridges be not of less width, 
 in the case of a turnpike road or public carriage road, than twenty 
 feet : Provided, also, that if, at any time after the construction of the 
 railway, the average available width of any such road is increased 
 beyond the available width of such bridge on either side thereof, the 
 company shall be bound, at its own expense, to increase the width 
 of the said bridge to such extent as it may be required by the trus- 
 tees, commissioners, or surveyors of such road, not exceeding the 
 width of such road as so widened or the maximum width herein or in 
 the Special Ordinance prescribed for a bridge in the like case over or 
 under the railway : Provided, also, that if the mesne inclination of any 
 road within two hundred and fifty yards of the point of crossing the 
 same, or the inclination of such portion of any road as may require 
 to be altered, or for which another road is substituted, is steeper than 
 the inclination hereinbefore required to be preserved by the company, 
 then the company may carry any such road over or under the railway, 
 or may construct such altered or substituted road at an inclination 
 not steeper than the said mesne inclination of the road so to be crossed, 
 or of the road so requiring to be altered, or for which another road is 
 substituted. 
 
 268. — (1.) If, in the exercise of the powers by this or the Special 
 Ordinance granted, it is found necessary to cross, cut through, raise, 
 sink, or use any part of any road, whether carriage road, horse road, 
 tramroad, or railway, either public or private, so as to render it 
 impassable for, or dangerous or extraordinarily inconvenient to pas- 
 sengers, or carriages, or to the persons entitled to the use thereof, the 
 company shall, before the commencement of any such operations, 
 
 Begulations as 
 to construction 
 of bridges over 
 railway. 
 
 JIakiiig of new 
 road before 
 existing road 
 intei-fered with.
 
 112 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 cause a sufficient road to be made instead of the road to be interfered 
 with, and shall, at its own expense, maintain such substituted road 
 in a state as convenient for passengers and carriages as the road so 
 interfered with, or as nearly so as may be. 
 
 (2.) If the company does not cause another sufficient road to be 
 so made before it interferes with any such existing road as aforesaid, 
 it shall forfeit ninety-six dollars for every day during which such 
 substituted road is not made after the existing road has been inter- 
 cepted ; and every such penalty shall be recoverable, with costs, by 
 action in any Court of competent jurisdiction. 
 
 Right of action 
 of person 
 suti'ering by 
 interference 
 with road. 
 
 Period for 
 restoration 
 of road 
 mterfered witli. 
 
 269. If any person entitled to a right of way over any road so 
 interfered with by the company suffers any special damage by reason 
 that the company fails to cause another sufficient road to be made 
 before it interferes with the existing road, it shall be lawful for such 
 person to recover the amount of such special damage from the com- 
 pany, with costs, by action in any Court of competent jurisdiction ; 
 and to do so whether any person has sued for such penalty as afore- 
 said or not, and without prejudice to the right of any person to sue 
 for the same. 
 
 270. — (1.) If the road so interi^'ered with can be restored compatibly 
 with the formation and use of the railway, the same shall be restored 
 to as good a condition as the same was in at the time when it 
 was first interfered with by the company, or as near thereto as may 
 be ; and if such road cannot be restored compatibly with the forma- 
 tion and use of the railway, the company, shall cause the new or sub- 
 stituted road to be put into a permanently substantial condition, 
 equally convenient as the former road, or as near thereto as circum- 
 stances will allow ; and the former road shall be restored or the sub- 
 stituted road put into such condition as aforesaid, as the case may be, 
 within the following periods after the first operation on the former 
 road has been commenced, unless the trustees, commissioners, sur- 
 veyors, or other persons having the management of the road to be 
 restoi'ed, by writing under their hands, consent to an extension of the 
 period, and in such case, within such extended period, that is to say, 
 if the road is a public road, within three months, and, if the road is 
 aot a public road, within six months. 
 
 (2.) If any such road is not so restored, or the substituted road so 
 completed as aforesaid within the periods herein or in the Special Or- 
 dinance fixed for that purpose, the company shall forfeit to the trus- 
 tees, commissioners, surveyors, or other persons having the manage- 
 ment of the road interfered with by the company, if a public road, or, 
 if a private road, to the ow^ner thereof, twenty-four dollars for every 
 day after the expiration of such periods respectively during which 
 such road is not so restored or the substituted road completed. 
 
 Company to 
 repair road used 
 or interfered 
 with by it. 
 
 271. If, in the course of making the railway, the company uses or 
 interferes with any road, it shall from time to time make good all 
 damage done by it to such road ; and, if any question arises as to 
 the damage done to any such road by the company, or as to the 
 repair thereof by it, such question shall be referred to the deter- 
 mination of two Justices, and such Justices may direct such repairs 
 to be made in the state of such road, in respect of the damage done 
 by the company, and within such j)eriod, as they may think reason- 
 able, and may impose on the company, for not carrying into effect
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 113 
 
 such repairs, any penalty not exceeding twenty-four dollars per day 
 as to such Justices may seem just : Provided always that, in deter- 
 mining any such (|uesti<)n with regard to a public road, the said 
 Justices shall have regard to and make full allowance for any tolls that 
 may have been paid Ijy the company on such road in the course of the 
 using thereof. 
 
 Proceedings on 
 application of 
 company to 
 Justices for 
 consent to 
 caii-j' railway 
 across higliway 
 on a level. 
 
 See Ordinance 
 No. 13 0/" 1893. 
 
 272. — (1.) VVhen the company intends to apply for the consent of 
 two Justices in manner hereinbefore provided, so as to authorize it to 
 carry the railway across any highway other than a public carriage 
 road, on the level, the company shall, fourteen days at least previous 
 to the day on which such application is intended to be made, cause 
 notice of such intended application to be given in some newspaper 
 circulating in the County in which such crossing is intended to be 
 made; and, if it appears to any two or more Justices acting for the 
 district in which such highway at the proposed crossing thereof is 
 situated, after such notice as aforesaid, that the railway can, consist- 
 ently with a due regard to the public safety and convenience, be carried 
 across such highway on the level, it shall be lawful for such Justices to 
 consent that the same may be so carried accordingly. 
 
 (2.) If either party feels aggrieved by the determination of such 
 Justices upon any such application as aforesaid, it shall be lawful for 
 such party, in like manner and subject to the like conditions as are 
 provided by law in the case of appeals in respect of penalties and 
 forfeitures, to appeal to the Supreme Court ; and it shall be lawful for 
 the said Court, on the hearing of such appeal, either to confirm or 
 quash the determination, or to make such other order in regard to the 
 method of carrying the railway across such highway as aforesaid as to 
 it may seem fit, and to make such order concerning the costs, both of 
 the original application and of the appeal, as to it may seem 
 reasonable. 
 
 273. — (1.) If the railway crosses any highway, other than a public Making of 
 carriage way, on the level, the company shall, at its own expense, make g^^^'^j^j'^^case of 
 and at all times maintain convenient ascents and descents, and other highway crossed 
 convenient approaches, with handrails or other fences, and shall, if such on a level, 
 highway is a bridleway, erect and at all times maintain good and 
 sutticient gates, and, if the same is a footway, good and suthcient gates 
 or stiles, on each side of the railway where the highway communicates 
 thei'ewith. 
 
 (2.) If, where the railway crosses any highway on the level, the 
 company fails to make convenient ascents, descents, or other con 
 venient approaches, and such handrails, fences, gates, and stiles as 
 it is hereinbefore required to make, it shall be lawful for two 
 Justices, on the application of the trustees, commissioners, surveyors, 
 or other persons having the management of such road, after 
 not less than ten days' notice to the company, to order the company 
 to make such ascent and d( scent or other approach, or such handrails, 
 fences, gates, or stiles as aforesaid, within a period to be limited for 
 that purpose by such Justices. 
 
 (3.) If the company fails to comply with such order, it shall for- 
 feit twenty-four dollars for every day during which it fails to do so. 
 
 274. In all cases where the company may be willing, at its own Alteration of 
 expense, to carry any public or private road or tramway over or under J^"f ^^^g^^
 
 114 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 the railway by means of a bridge or arch, in lieu of crossing the 
 same on the level, it shall be lawful for the Governor-in-Council, on the 
 application of the company, and after hearing the several parties 
 interested, if it appears to the Governor-in-Council that such level 
 crossing endangers the public safety, and that the proposal of the 
 company does not involve any violation of existing rights or interests 
 without adequate compensation, to give the company full power and 
 authority for removing the danger at its own expense, either by 
 building a bridge, or by such other arrangement as the nature of the case 
 may require, subject to such conditions as the Governor-in-Council may 
 direct. 
 
 Execution of 
 work in nature 
 of screen 
 adjoining 
 public road. 
 
 Provisions q/ Screens for Public Beads. 
 
 275. — (1.) If the trustees, commissioners, surveyors or other per- 
 sons having the management of any public road apprehend danger 
 to the passengers on such road in consequence of horses being 
 frightened by the sight of the engines or carriages travelling upon 
 the railway, it shall be lawful for such trustees, commissioners, surveyors, 
 or other person after giving fourteen days' notice to the cumpany, to 
 apply to the Governor-in-Council with respect thereto^ and if it appears 
 
 to the Governor-in- Council that such 
 
 danger 
 
 might be obviated or 
 
 lessened by the construction of any works in the nature of a screen near 
 to or adjoinmg the side of such road, it shall be lawful for them, if 
 they think fit, to execute such works within such time as the Governor- 
 in-Council may appoint. 
 
 (2.) Where the company has been so required to execute any 
 such work in the natui'e of a screen, it shall execute and complete 
 the same within the period appointed for that purpose, and, if it fails 
 to do so, it shall forfeit to the said trustees, commissioners, surveyors, 
 or other persons as aforesaid twenty-four dollars for every day during 
 which such works may remain uncompleted beyond the period so 
 appointed for their completion. 
 
 Power to 
 enforce repair 
 of bridge, etc., 
 by company. 
 
 Power to the 
 Governor- 
 ill-Council 
 to nuxlify 
 (•f>iistru(;tion of 
 roads in 
 certain cases. 
 
 Maintenance of Bridges, etc. 
 
 276. — (1.) Where, under the provisions of this or the Special 
 Ordinance, or of any Ordinance incorporated therewith, the company 
 is required to maintain or keep in repair any bridge, fence, approach, 
 gate, or other work executed by it, it shall be lawful for two Justices, 
 on the application of the trustees, commissioners, surveyors, or other 
 persons having the management of roads, complaining that any such 
 work is out of repair, after not less than ten days' notice to the com- 
 pany, to order the company to put such work into complete repair 
 within a period to be limited for that purpose by such Justices. 
 
 (2.) If the company fails to comply with such order, it shall 
 forfeit twenty-four dollars for every day during which it fails to 
 do so, 
 
 277. Whereas expense might frequently be avoided, and public 
 convenience promoted, by a reference to the Governor-in-Council 
 upon the construction of public works of an engineering nature 
 connected with the railway, where a strict compliance with this 
 or the Special Ordiuanct; might be impossil)le or attended with 
 inconvenience to the company, and without adequate advantage to
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 115 
 
 the public : Be it therefore enacted that, in case of any difference 
 in regard to the construction, alteration, or restoration of any i-oad, 
 bridge, or other pubUc work of an engineering nature required by 
 the provisions of this or the Special Ordinance arising between 
 the company and any trustees, commissioners, surveyors, or other 
 persons having the management of, or being authorized by law to 
 enforce to construction of, such road, bridge, or work, it shall be 
 lawful for either party, after giving fourteen days' notice in writing 
 of their intention to do so to the other party, to apply to the 
 Governor-in-Council to decide upon the proper manner of con- 
 structing, altering, or restoring such road, bridge, or other work ; 
 and it shall be lawful for the Governor-in-Council, if he think fit, 
 to decide the same accordingly, and to authorize any arrangement 
 or mode of construction in regard to such road, bridge, or other 
 work which may appear to hiin either to be in substantial com- 
 pliance with the provisions of this and the Special Ordinance or to 
 be calculated to afford equal or greater accommodation to the public 
 using such road, bridge, or other work ; and after any such authority 
 has been given by the Governor-in-Council, the i*oad, bridge, or 
 other work therein mentioned shall be constructed by the company 
 in conformity with the terms of such authority, and, being so con- 
 structed, shall be deemed to be constructed in conformity with the 
 provisions of this and the Special Ordinance : Provided always that 
 no such authority shall be granted by the Governor-in-Council unless 
 he is satisfied that existing private rights or interests will not be 
 injuriously affected thereby. 
 
 278. With respect to the making and repairing of public roads and Exemption of 
 highways, and roads, dams, bridges, or other public works, the com- gxpense^of 
 pany, as proprietors of lands taken for the purposes of the undertaking, makiiisand 
 shall not be deemed proprietors of lands within the meaning of any repamnK public 
 Ordinance by which the expense of making or repairing such public 
 roads and highways, and roads, dams, bridges, or other public works, is 
 directed to be borne by proprietors of land, but the company shall, 
 after the commencement of the Special Ordinance, be exempt from all 
 such expenses or any contribution thereto. 
 
 279. — (1.) All regulations, certificates, notices, and other documents Authentioation 
 in writing purporting to be made or issued by or by the authority of o^ regulations 
 the Governor -in-Oouncil, and signed by the Govei'nment Secretary or Govemoi-bi- 
 Clerk of the Executive Council, shall, for the purposes of this and the Coimcil. 
 Special Ordinance, and of any Ordinance incorpoi'ated therewith, be 
 deemed to have been so made and issued, and that without proof of 
 the authority of the person signing the same or of the signature 
 thereto, all which matters shall be presumed until the contrary is 
 proved ; and service of any such document, by leaving the same at 
 one of the principal offices of the company, or hj sending the same by 
 post addressed to the secretary at such office, shall be deemed good 
 service upon the company. 
 
 (2.) All notices and other documents required by this or the 
 Special Ordinance to be given to or laid before the Governor-in-Council 
 shall be delivered or sent by post addressed to the Government 
 Secretary or Clerk of the Executive Council. 
 
 VOL. I.
 
 116 
 
 No. 1.] THE LA WS OF BRITISH QUI AN A : [A.D. 1846. 
 
 Making and 
 maintenance of 
 works for 
 accommodation 
 of lands 
 adjoining 
 railway. 
 
 See Section 4 
 for meaning of 
 " cattle." 
 
 Works for Accommodation of Lands adjoining Railway . 
 
 280. The company shall make, and at all times thereafter maintain, 
 the following works for the accommodation of the owners and occupiers 
 of lands adjoining the railway, that is to say, — 
 
 (1.) Such and so many convenient gates, bridges, arches, culverts, 
 and passages over, under, or by the sides of or leading to or 
 from the railway as may be necessary for the purpose of making 
 good any interruptions caused by the railway to the use of the 
 lands through which the railway may be made, and such works 
 shall be made forthwith after the part of the railway passing 
 over such lands has been laid out or formed, or during the forma- 
 tion thereof ; 
 (2.) Sufficient posts, rails, hedges, ditches, mounds, or other fences 
 for separating the land taken for the use of the railway from the 
 adjoining lands not taken, and protecting such lands from trespass, 
 or the cattle of the owners or occupiers thereof from straying 
 thereout by reason of the railway, together with all necessary 
 gates, made to open towards such adjoining lands and not towards 
 the railway, and all necessary stiles ; and such posts, rails, and 
 other fences shall be made forthwith after the taking of any 
 such lands, if the owners thereof so require, and the other works 
 as soon as conveniently may be ; 
 (3.) All necessary arches, tunnels, culverts, drains, or other pas- 
 sages, either over or under or by the sides of the railway, of such 
 dimensions as will be sufficient at all times to convey the water as 
 clearly from the lands lying near or affected by the railway as 
 before the making of the railway, or as nearly so as may be ; and 
 such works shall be made from time to time as the railway works 
 proceed ; and 
 (4.) Proper watering-places for cattle, where, by reason of the rail- 
 way, the cattle of any person occupying any lands lying near 
 thereto are deprived of access to their former watering-places ; 
 and such watering-places shall be so made as to be at all times 
 as sufficiently suppHed with water as theretofore, and as if the 
 railway had not been made, or as nearly so as may be ; and the 
 company shall make all necessary water-courses and drains for the 
 purpose of conveying water to the said watering-places : 
 
 Provided always that the company shall not be re(|uired to make 
 such accommodation works in such a manner as would prevent or 
 obstruct the working or using of the railway, or to make any accom- 
 modation works with respect to which the owners and occupiers of 
 the lands have agreed to receive, and have been paid, compensation, 
 instead of the making them. 
 
 281. If any difference arises respecting the kind or number of any 
 such accommodation works or the dimensions or sufficiency thereof, 
 or respecting the maintaining thereof, the same shall be determined 
 by two Justices ; and such Justices shall also appoint the time within 
 which such works shall be commenced and executed by the company. 
 
 Power to 282. If, for fourteen days next after the time appointed by such 
 
 execute works Justices for the commencement of any such works, the company fails 
 
 *'{*d'Tault"b'^''*'° to commence such works, or having commenced them, fails to proceed 
 company. 
 
 Settlement of 
 difference as to 
 accommodation 
 works.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 117 
 
 diligently to execute the same in a sufficient manner, it shall be lawful 
 for the party aggrieved by such failure himself to execute such works 
 or repairs, and the reasonable expenses thereof shall be repaid by the 
 company to the party by whom the same may so have been executed ; 
 and if there is any dispute about such expenses, the same shall be 
 settled by two Justices : Provided always that no such owner or 
 occupier or other person shall obstruct or injure the railway or any of 
 the works connected therewith for a longer time,, or use them in any 
 other manner, than is unavoidably necessary for the execution or 
 repair of such accommodation works. 
 
 283. — (1.) If any of the owners or occupiers of lands affected by Power to owner 
 the railway consider the accommodation works made by the company, o^" occupier of 
 or directed by such Justices to be made by the company, insufficient to'^ui^ke 
 for the commodious use of their respective lands, it shall be lawful for additional 
 any such owner or occupier at any time, at his own expense, to make accommodation 
 such further works for that purpose as he may think necessary, and as 
 may be agreed to by the company, or, in case of difference, as may be 
 authorised by two J ustices. 
 
 (2.) If the company so desires, such accommodation works shall 
 be constructed under the superintendence of its engineer, and according 
 to the plans and specifications to be submitted to and approved by 
 such engineer : Provided, nevertheless, that the company shall not be 
 entitled to require either that plans should be adopted which would 
 involve a greater expense than that incurred in the execution of 
 similar works by the company, or that the plans selected should be 
 executed in a more expensive manner than that adopted in similar 
 cases by the company. 
 
 284, The company shall not be compelled to make any further or Period during 
 
 additional accommodation works for the use of owners and occupiers of which accom- 
 
 land adjoining the railw^ay after the expiration of the prescribed ^orf^^s^maybe 
 
 period, or, if no period is prescribed, after five years from the comple- required. 
 tion of the works and the opening of the railway for public use. 
 
 285. — (1.) Until the company has made the bridges or other proper Powertoowners 
 communications which it may, under the pro\dsions contained herein, and occupiers of 
 or in the Special Ordinance, or in any Ordinance incorporated there- land^s'to cross 
 with, have been required to make between lands intersected by the untQ accom- 
 railway, and no longer, the owners and occupiers of such lands and any ^lodation works 
 other persons whose right of way may be affected by the want of such 
 communications, and their respective servants, may at all times freely 
 pass and repass, with carriages, horses, and other animals, directly 
 (but not otherwise) across the path of the railway made in or 
 through their respective lands solely for the purpose of occupying 
 the same lands, or for the exercise of such right of way, and so as 
 not to obstruct the passage along the railway or to damage the 
 same : Provided, nevertheless, that if the owner or occupier of any 
 such lands has, in his arrangements with the company, received or 
 agreed to receive compensation for or on account of any such 
 communications instead of the same being formed, such owner or 
 occupier or those claiming under him shall not be entitled so to cross 
 the railway. 
 
 (2.) In case any disagreement or difference arises between any 
 such owner or occupier or other persons and any railway company 
 as to the proper places for any opening in tue ledges or flanches of 
 
 VOL. I, 9a
 
 118 
 
 No. l.J THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 any railway for the purpose of communication, then the same 
 shall be left to the decision of the Go vernor-in- Council who is 
 hereby empowered to hear and determine the same in such way as 
 he may think fit, and his determination shall be binding on all 
 parties. 
 
 Penalty on 286. If any person omits to shut and fasten any gate set up at 
 
 person omitting either side of the railway for the accommodation of the owners or 
 occupiers of the adjoining lands, as soon as he, and the carriage, 
 horses, or other animals under his care, have passed through the 
 same, he shall for every such offence forfeit a sum not exceeding 
 ten dollars. 
 
 to fasten gate. 
 
 Power to 
 O'ivners, etc., to 
 make branch 
 railways com- 
 municating 
 with railway. 
 
 Power of 
 iiiiikinr; hraiicli 
 liiifw.iys to be 
 siul)ject tr) 
 
 Branch Railways. 
 
 287. — (1.) Nothing in this or the Special Ordinance shall prevent 
 the owners or occupiers of lands adjoining to the railway, or any 
 other persons, from laying down, either upon their own lands or 
 upon the lands of other persons, with the consent of such persons, 
 any collateral branches of railway to communicate with the railway 
 for the purpose of bringing carriages to, or from, or upon the railway, 
 but under and subject to the provisions and restrictions hereinafter 
 mentioned. 
 
 (2.) The company shall, if required, at the expense of such owners 
 and occupiers and other persons, and subject also to the provisions 
 hereinafter mentioned, make openings in the rails, and such additional 
 lines of rail as may be necessary for effecting such communication, in 
 places where the communication can be made with safety to the public, 
 and without injury to the railway, and without inconvenience to the 
 traffic thereon. 
 
 (3.) The company shall not take any rate or toll or other money 
 for the passing of any passengers, goods, or other things along any 
 branch so to be made by any such owner or occupier or other 
 person. 
 
 (4.) This enactment shall be subject to the following restrictions 
 and conditions, that is to say, — 
 
 (a.) No such branch railway shall run parallel to the rail- 
 way; 
 {h.) The company shall not be bound to make any such 
 openings in any place which it may have set apart for 
 any specific purpose with which such communication would 
 interfere, or upon any inclined plane or bridge, or in any 
 tunnel ; and 
 (c.) The persons making or using any such branch railway 
 shall be subject to all by-laws and regulations of the company 
 from time to time made with respect to passing upon or 
 crossing the railway and otherwise ; and the persons making 
 or using any such branch railway shall be bound to con- 
 struct, and from time to time, as need may require, to renew 
 the offset plates and switches, according to the most approved 
 plan adopted by the company, and under the direction of its 
 engineer. 
 
 288. Where powers of laying down branch lines opening into the 
 ledges or fianches of main lines of railway, and of entering upon and 
 passing along such main lines with carriages and wagons drawn by
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 1 io 
 
 1 X «/ 
 
 locomotive engines or by other mechanical or by animal power, and reguLition l.y 
 
 also powers to form roads or railways across other railways on a ^n^comicil""^ 
 
 level, are given by any Ordinance relative to railways to the owners 
 
 and occupiers of lands adjoining the railway, and to other persons 
 
 with their consent, and where it appears to the Governor-in-Council 
 
 that such powers as aforesaid cannot be exercised without seriously 
 
 endangering the public safety, and that an arrangement may Ije made 
 
 with a due regard to existing rights of property, it shall be lawful for 
 
 the Governor-in-Council to order and direct that such powers shall 
 
 only be exercised subject to such conditions as the Governor-in-Council 
 
 may direct. 
 
 Carrying of Passengers and Goods upon Railway, and 
 Tolls to he taken thereon. 
 
 289. It shall be lawful for the company to ixse and employ loco- Power to 
 motive engines or other moving power, and carriages and wagons g^pfoy loco- 
 to be drawn or propelled thereby, and to carry and convey upon the motive enfrinea, 
 railway all such passengers and goods as may be offered to it for carriages, etc. 
 that purpose, and to make such reasonable charges in respect thereof as 
 
 it may from time to time determine upon, not exceeding the tolls by 
 the Special Ordinance authorized to be taken by it. 
 
 290. It shall be lawful for the company from time to time to enter Power to 
 into any contract with any other company, being the owners or c°™t?act\J°t]j 
 lessees or in possession of any other railway, for the passage over other raUway 
 or along the railway by the Special Ordinance authorized to be made companies for 
 
 p ^ . 1 J.I • r i-u nnming powers 
 
 of any engines, coaches, wagons, or other carriages ot any other over railways. 
 
 company, or which may pass over any other line of railway, or for 
 
 the passage over any other line of railway of any engines, coaches, 
 
 wagons, or other carriages of the company, or which may pass over 
 
 their line of railway, upon the payment of such tolls and under such 
 
 conditions and restrictions as may be mutually agreed upon ; and, for 
 
 the purpose aforesaid, it shall be lawful for the respective parties to 
 
 enter into any contract for the division or apportionment of the tolls 
 
 to be taken upon their respective railways : Provided always that no 
 
 such contract as aforesaid shall in any manner alter, affect, increase, 
 
 or diminish any of the tolls which the respective companies, parties 
 
 to such contracts, may for the time be respectively authorized and 
 
 entitled to demand or receive from any person or any other company, 
 
 but that all other persons and companies shall, notwithstanding any 
 
 such contract, be entitled to the use and benefit of any of the said 
 
 railways on the same terms and conditions, and on payment of the 
 
 same tolls, as they would have been in case no such contract had been 
 
 entered into. 
 
 291. Nothing in this or the Special Ordinance shall extend to charge Extent of 
 or make liable the company further or in any other case than where, eompa)iv''as 
 according to the laws of this Colony, common carriers would be liable, carriers' 
 or shall extend in any degree to deprive the company of any protection 
 
 or privilege which common carriers may be entitled to ; but, on the 
 contrary, the company shall at all times be entitled to the benefit of 
 every such protection and privilege. 
 
 292. Whereas it is expedient that the company should be enabled Power to 
 to vary the tolls upon the railwav so as to accommodate them to the company to 
 
 , c .t . i\^ ^ . A , 1 e • 1 1 J varv tolls. 
 
 circumstances of the traffic, but that such 
 
 varying 
 
 bhould
 
 120 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 not be used for the purpose of prejudicing or favouring particular 
 parties, or for the purpose of collusively and unfairly creating a 
 monopoly, either in the hands of the company or of particular parties : 
 Be it therefore enacted that it shall be lawful for the company, subject 
 to the provisions and limitations herein and in the Special Ordinance 
 contained, from time to time to alter or vary the tolls by the Special 
 Ordinance authorized to be taken, either upon the whole or upon any 
 particular portions of the railway, as they may think iit : Provided that 
 all such tolls shall be at all times charged equally to all persons, and 
 after the same rate, whether per ton per mile, or otherwise, in respect 
 of all passengers, and of all goods or carriages of the same description, 
 and conveyed or propelled by a like carriage or engine passing only 
 over the same portion of the line of raOway under the same circum- 
 stances, and that no reduction or advance in any such tolls shall be 
 made, either directly or indirectly, in favour of or against any particular 
 company or person travelling upon or using the railway. 
 
 Calculation of 
 toUs of 
 amalgamated 
 railway. 
 
 General right 
 to use railway 
 on pajTnent 
 of toUs. 
 
 Exhibition of 
 list of toUs. 
 
 Placing of 
 milestones on 
 railway. 
 
 Tolls not to be 
 demandable 
 unless list 
 thereof 
 exliibited, etc. 
 
 Payment of 
 toUs. 
 
 293. Tn cases in which any railway may be amalgamated with 
 any other adjoining railway or railways, the tolls of the railways so 
 amalgamated shall be calculated and imposed at such rates as if such 
 amalgamated railways had originally formed one line of railway. 
 
 294. It shall not be lawful for the company at any time to demand 
 or take a greater amount of toll, or make any greater charge for the 
 carriage of passengers and goods, than it is by this and the Special 
 Ordinance authorized to demand ; and, on payment of the tolls from 
 time to time demandable, all companies and persons shall be entitled 
 to use the railway, with engines and carriages properly constructed, 
 as by this and the Special Ordinance directed, subject, nevertheless, 
 to the provisions and restrictions hereinafter mentioned. 
 
 295. A list of all the tolls authorized by the Special Ordinance 
 to be taken, and which may be exacted by the company, 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, or by the same being printed in legible characters on paper 
 affixed to such board, and by such board being exhibited in some 
 conspicuous place on the stations or places where such tolls may be 
 made payable. 
 
 296. The company shall cause the length of the railway 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. 
 
 297. — (1.) No tolls shall be demanded or taken by the company for 
 the use of the railway during any time at which the boards herein- 
 before directed to be exhibited are not so exhibited, or at which the 
 milestones, posts, or other conspicuous objects hereinbefore directed to 
 be set up and maintained are not so set up and maintained. 
 
 (2.) Tf any person wilfully pulls down, defaces, or destroys any 
 such board, milestone, post, or other conspicuous object, he shall for 
 every such offence forfeit a sum not exceeding twenty four dollars. 
 
 298. — (1.) The tolls shall be paid to such persons and at such 
 places upon or near to the railway, and in such manner and under such
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 
 
 121 
 
 regulations, as the company may, by notice to be annexed to the list of 
 tolls, appoint. 
 
 (2.) If, on demand, any person fails to pay the toll due in respect 
 of any carriage or goods, it shall be lawful for the company to detain 
 and sell such carriage, and all or any part of such goods, or, if the same 
 has or have been removed from the premises of the company, to detain 
 and sell any other carriages or goods on such premises belonging to 
 the person liable to pay such tolls, and out of the moneys arising 
 from such sale to retain the tolls payable as aforesaid, and all charges 
 and expenses of such detention and sale, rendering the overplus, if any, 
 of the moneys arising by such sale, and such of the carriages or goods as 
 may remain unsold to the person entitled thereto ; or it shall be lawful 
 for the company to recover any such tolls by action at law. 
 
 299. — (1.) Every person being the owner or having the care of any Accoimtof 
 carriage or goods passing or being upon the railway shall, on demand, ^^'^"3^^^^*^,' 
 give to the collector of tolls, at the places where he attends for the 
 purpose of receiving goods, or of collecting tolls for the part of the 
 railway on which such carriage or goods may have travelled or be 
 about to travel, an exact account in writing, signed by him, of the 
 number or quantity of goods conveyed by any such carriage, and of 
 the point on the railway from which such cai'riage or goods has or 
 have set out or is or are about to set out, and at what point the same 
 is or are intended to be unloaded or taken off the railway ; and if the 
 goods conveyed by any such carriage, or brought for conveyance as 
 aforesaid, are liable to the payment of different tolls, then such owner 
 or other person shall specify the respective numbers or quantities thereof 
 liable to each or any of such tolls. 
 
 (2.) If any such owner or other such person fails to give such 
 account, or to produce his way-bill or bill of lading to such collector or 
 other officer or servant of the company demanding the same, or if he 
 gives a false account, or if he unloads or takes off any part of his 
 lading or goods at any other place than may be mentioned in such 
 account, with intent to avoid the payment of any tolls payable in 
 respect thereof, he shall for every such offence forfeit to the company 
 a sum not exceeding forty-eight dollars for e%'ery ton of goods or for 
 any parcel not exceeding one hundredweight, and so in proportion 
 for any less quantity of goods than one ton or for any parcel exceeding 
 one hundredweight, as the case may be, which may be upon any such 
 carriage ; and such penalty shall be in addition to the toll to which 
 such goods may be liable. 
 
 300. If any dispute arises concerning the amount of the tolls due to Settlement 
 the company, or concerning the charges occasioned by any detention or °g ^^ amount 
 sale thereof, under the provisions herein or in the Special Ordinance of toll. 
 contained, the same shall be settled by a Justice ; and it shall be lawful 
 for the company in the meanwhile to detain the goods, or, if the case 
 so requires, the proceeds of the sale thereof. 
 
 301. — (1.) If any difference arises between any toll collector or Procediu-e 
 other officer or servant of the company and any owner of or person Ul+j^^^p^^pg pg 
 having the charge of any carriage passing or being upon the railway, or to wci-rht, etc., 
 of any goods conveyed or to be conveyed by such carriage, respecting '^- goods, 
 the weight, quantity, quality, or nature of such goods, such collector or 
 other officer may lawfully detain such carriage or goods, and examine, 
 weigh, gauge, or otherwise measure the same.
 
 122 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 (2.) If, upon such weighing, gauging, measuring, or examining, 
 such goods appear to be of greater weiglit or quantity, or of other 
 nature, than has been stated in the account given thereof, then the 
 person who has given such account shall pay, and the owner of such 
 carriage, or the respective owners of such goods, shall also, at the 
 option of the company, be liable to pay, the costs of such weighing, 
 gauging, measuring, and examining ; but if such goods appear to be of 
 the same or less weight or quantity than, and of the same nature as, 
 have been stated in such account, then the company shall pay such 
 costs, and it shall also pay to such owner of or person having the 
 charge of such carriage, and to the respective owners of such goods, 
 such damage, if any, as may appear to any Justice, on a summary 
 application made to him for that puipose, to have arisen from such 
 detention. 
 
 (3.) If at any time it is made to appear to any Justice, on the 
 complaint of the company, that any such detention, weighing, gauging, 
 measuring, or examining 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 and of such weigh- 
 ing, gauging, measuring, and examining, and the damage occasioned 
 thereby ; and, in default of immediate payment of any such costs or 
 damage, the same may be recovered by distress of the goods of such 
 collector, and such Justice shall issue his warrant accordingly. 
 
 Penalty on 
 passenger 
 practising 
 fraud on 
 company. 
 
 Detention of 
 passenger 
 practising 
 fraud on 
 company. 
 
 Carriage of 
 dangerous 
 goods on 
 railway. 
 
 302. Every person who — 
 
 (1.) Travels or attempts to travel in any carriage of the company, or 
 of any other company or party using the railway, without having 
 previously paid his fare, and with intent to avoid payment thereof ; 
 
 or 
 
 (2.) Having paid his fare for a certain distance, knowingly and wil- 
 fully proceeds in any such carriage beyond such distance without 
 previously paying the additional fare for the additional distance, 
 and with intent to avoid payment thereof ; or 
 
 (3.) Knowingly and wilfully refuses or neglects, on arriving at the 
 point to which he has paid his fare, to quit such carriage, 
 
 shall for every such offence forfeit to the company a sum not exceeding 
 ten dollars. 
 
 303. If any person is discovered either in or after committing or 
 attempting to commit any such offence as is mentioned in the last 
 preceding section, all officers and servants and other persons on 
 behalf of the company or such other company or party as aforesaid, 
 and all constables, gaolers, and peace officers, may lawfully apprehend 
 and detain such person until he can conveniently be taken before 
 some Justice, or until he can be otherwise discharged by due course 
 of law. 
 
 304. — (1.) No person shall be entitled to carry, or to require the 
 company to carry, upon the railway any aquafortis, oil of vitriol, 
 gunpowder, lucifer matches, or other goods which, in the judgment of 
 the company, may be of a dangerous nature. 
 
 (2.) If any person sends by the railway any such goods without 
 distinctly marking their nature on the outside of the package con- 
 taining the same, or otherwise giving notice in writing to the book-
 
 A.D. 1846.] COMrANIES' CLAUSES AND POWERS. [No. 1. 
 
 123 
 
 keeper or other servant of the company with whom the same may be 
 left at the time of so sending, he shall for every such offence forfeit to 
 the company ninety-six dollars. 
 
 (.3.) It shall be lawful for the company to refuse to take any 
 parcel which it may suspect to contain goods of a dangerous nature, 
 or to require the same to be opened to ascertain the fact. 
 
 305. If any collector of tolls or other officer employed by the Deliverj- up 
 company is discharged or suspended from his office, or dies, absconds, po*gg"^j^,"of 
 or absents himself, and if such collector or other officer, or the wife, officer of 
 widow, or any of the family or representatives of any such collector fompany on 
 or other officer refuses or neglects, after seven days' notice in writing '^'' '"^^' ^ *^* 
 for that purpose, to deliver up to the company, or to any person ap- 
 pointed by it for that purpose, any station, dwelling-house, office, 
 
 or other building, with its appurtenances, or any books, papers, or 
 other matters belonging to the company in the possession or custody 
 of any such collector or officer at the occurrence of any such event as 
 aforesaid, then, on application being made by the company to any 
 Justice, it shall be lawful for such Justice to order any constable, 
 with proper assistance, to enter upon such station 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 company or any person appointed by it for 
 that pui'pose. 
 
 Regtdations and Bye-latos. 
 
 306. It shall be lawful for the company from time to time, subject Power to 
 to the provisions and restrictions in this and the Special Ordinance company to 
 contained, to make regulations for the following purposes, that is to (.j^j^g f^j? 
 say,— 
 
 (1.) For regulating the mode by which and the speed at which 
 
 carriages using the railway are to be moved or propelled ; 
 (2.) For regulating the times of the arrival and departure of any 
 
 such carriages ; 
 (3.) For regulating the loading or unloading of such carriages, and 
 
 the weights which they are respectively to carry ; 
 (4.) For regulating the receipt and delivery of goods and other 
 
 things which are to be conveyed upon such carriages ; 
 (5.) For preventing the smoking of tobacco and the commission of 
 
 any other nuisance in or upon such carriages, or in any of the 
 
 stations or premises occupied by the company; and 
 (6.) Generally for regulating the travelling upon or using or working 
 
 the railway : 
 
 working and 
 use of 
 railway. 
 
 Provided that no such regulation shall authorize the closing of the 
 railway, or prevent the passage of engines or carriages on the railway 
 at reasonable times, except at any time when, in consequence of any 
 of the works being out of repair, or from any other sufficient cause, it 
 may be necessary to close the railway or any part thereof. 
 
 307. — (1.) For better enforcing the observance of all or any of such Power to 
 regulations, and for the purpose of regulating the conduct of the ^"'Vl'''"^,*" 
 officers and servants of the company, and for providing for the due .q^^,,. bylaws, 
 management of the affairs of the company in all I'espects whatsoever, 
 it shall be lawful for the company, subject to the provisions hereinafter
 
 124 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 contained, to make by-laws, and from time to time to repeal or alter 
 such by-laws and make others, provided that such by-laws be not 
 repugnant lo the laws of this Colony or to the provisions of this or the 
 Special Ordinance. 
 
 (2.) All such by-laws shall be reduced into writing and shall have 
 affixed thereto the common seal of the company. 
 
 (3.) Every person who offends against any such by-law shall for 
 every such offence forfeit a sum not exceeding twenty -four dollars, to 
 be imposed by the company in such by-laws as a penalty for every such 
 offence. 
 
 (4.) If the infraction or non-observance of any such by-law or 
 other such regulation as aforesaid is attended with danger or annoy- 
 ance to the public or hindrance to the company in the lawful use of 
 the railway, it shall be lawful for the company summarily to interfere 
 to obviate or remove such danger, annoyance, or hindrance, and to do 
 so without prejudice to any penalty incurred by the infraction of any 
 such by-law. 
 
 Power to 
 mitigate 
 penalties in 
 by-laws. 
 
 Exhibition of 
 by-laws. 
 
 Operation 
 and proof of 
 publication 
 of by-laws. 
 
 Evidence of 
 by-laws. 
 
 By-laws, etc., 
 to be approved 
 by the 
 
 Governor and 
 Court of Policy. 
 
 308. All by-laws to be made by the company shall be so framed as 
 to allow the Justice before whom any penalty imposed thereby may be 
 sought to be recovered to order a part orily of such penalty to be paid, 
 if such Justice thinks fit. 
 
 309. The substance of such by-laws, when confirmed or allowed 
 according to the provisions of any Ordinance in force regulating tlie 
 allowance or confirmation of the same, 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 wharf 
 or station belonging to the company, according to the nature or 
 subject-matter of such by-laws respectively, 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 
 by-laws thereon, or any part thereof, may be obliterated or destroyed ; 
 and no penalty imposed by any such by-law shall be recoverable 
 unless the same has been published and kept published in manner 
 aforesaid. 
 
 310. — (1.) All such by-laws, when so confirmed, published, and 
 affixed, shall be binding upon and be observed by all persons, and shall 
 be sufficient to justify all persons acting under the same. 
 
 (2.) For proof of the publication of any such by-law, it shall be 
 sufficient to prove that a printed paper or painted board containing a 
 copy of such by-law was affixed and continued in manner by this 
 Ordinance directed, and, in case of its being afterwards displaced or 
 damaged, then that such paper or board was replaced as soon as 
 conveniently might be. 
 
 311. The production of a written or printed copy of the by-laws of 
 the company, having the common seal of the company affixed thereto, 
 shall be sufficient evidence of such by-laws in all cases of prosecution 
 under the same, and in all actions and matters before any Courts, 
 Judges, Justices, and others. 
 
 312. Whereas railway companies may hereafter be empowered to 
 make l)y laws, orders, rules, or regulations, and to impose penalties 
 for the enforcement thereof upon persons other than the servants of 
 the said companies, and it is expedient that such powers should be
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 125 
 
 under proper control : Be it therefore enacted that no such by-law, 
 order, rule, or regulation which may be made after the commencement 
 of this Ordinance shall have any force or effect until two calendar 
 months after a true copy of such by-law, order, rule, or regulation, 
 certified as the Governor and Court of Policy may from time to time 
 direct, has been laid before the Governor and Court of Policy, unless 
 the Governor and Court of Policy before that period signify their 
 approbation thereof. 
 
 313,_(1,) It shall be lawful for the Governor and Court of Policy, ^^^^^^^^^j. 
 either before or after any by-law, order, rule, or regulation which ^nd Court of 
 may have been laid before them as aforesaid, has come into operation. Policy to dis- 
 to notify to the company who may have made the same their dis- '^^^"^ ijy-law, 
 allowance thereof, and, in case the same is in force at the time of 
 such disallowance, the time at which the same shall cease to be in 
 force. 
 
 (2.) No by-law, order, rule, or regulation which may be so dis- 
 allowed shall have any force or effect whatsoever, or, if it is in force at 
 the time of such disallowance, it shall cease to have any force or effect at 
 the time limited in the notice of such disallowance, saving in so far as 
 any penalty may have been then already incurred under the same. 
 
 Selling, Leasing, or Transferring Railway. 
 
 314. Where the company is authorized by the Special Ordinance Exercise of 
 to sell, lease, or transfer the railway, or any part thereof, to any com- feTse^or ^ ' 
 pany or person, the sale, lease, or transfer to be executed in pursuance transfer 
 of such authority shall contain all usual and proper covenants on the I'ailway. 
 part of the purchaser, lessee, or transferee for maintaining the railway, 
 or the portion thereof comprised in such sale, lease, or transfer, in 
 good and efficient repair and working condition during the continu- 
 ance thereof, and for so leaving the same at the expiration of the term 
 thereby granted, and such other provisions, conditions, covenants, and 
 agreements as are usually inserted in contracts of sale, leases, or 
 transfers of a like nature : Provided always that it shall not be lawful 
 for the company of proprietors of any railway to make or grant, or 
 for any other railway company or party to accept, a sale, lease, or 
 other transfer of any railway except under the authority of a distinct 
 provision in some Ordinance to that effect, specifying by name the 
 railway to be so sold, leased, or transferred and the company or party 
 by or to whom such sale, lease, or transfer may be respectively made, 
 granted, or accepted. 
 
 315. Any such sale, lease, or transfer shall entitle the company or Effect of sale, 
 person to whom the same may be granted to the free use of the rail- transfer. 
 way or portion of railway comprised therein ; and, during the con- 
 tinuance of any such sale, lease, or transfer, all the powers and 
 privileges granted to and which might otherwise be exercised and 
 enjoyed by the company, or the directors thereof, or their officers, 
 agents, or servants, by virtue of this or the Special Ordinance, with 
 regard to the possession, enjoyment, and management of the railway, 
 or of the part theieof comprised in such sale, lease, or transfer, and 
 the tolls to be taken thereon, shall be exercised and enjoyed by the 
 purchaser, lessee, or transferee, and the officers and servants of such 
 purchaser, lessee, or transferee, under the same regulations and restric- 
 tions as are by this or the Special Ordinance imposed on the company
 
 126 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 and its directors, officers and servants ; and such purchaser, lessee, 
 or transferee shall, with respect to the railway comprised in such 
 sale, lease, or ti-ansfer, be subject to all the obligations by this or the 
 Special Ordinance imposed on the company. 
 
 Engines to 
 consume their 
 own smoke. 
 
 Approval of 
 engine, and 
 certificate of 
 approval. 
 
 Penalty on 
 pei'son using 
 imj)roper 
 engine on 
 railway. 
 
 Engines ana Carriages. 
 
 316." — (1.) Every locomotive steam engine to be used on the rail- 
 way shall, if it uses coal or other similar fuel emitting smoke, be 
 constructed on the principle of consuming, and so as to consume, its 
 own smoke. 
 
 (2.) If any such engine is not so constructed, the company or 
 party using such engine shall forfeit twenty-four dollars for every 
 day during which such engine may be used on the railway. 
 
 317. — (1.) ^o locomotive or other engine or other description of 
 moving power shall at any time be brought upon or used on the 
 railway unless the same has first been approved of by the com- 
 pany. 
 
 (2.) Within fourteen days after notice given to the company by 
 any person desirous of bringing any such engine on the railway, the 
 company shall cause its engineer or other agent to examine such 
 engine at any place within three miles distance from the railway, to 
 be appointed by the owner thereof, and to report thereon to the com- 
 pany, and, within seven days after such report, if such engine is 
 proper to be used on the railway, the company shall -give a certificate 
 to the party requiring the same of its approval of such engine. 
 
 (3.) If at any time the engineer or other agent of the company 
 reports that any engine used upon the railway is out of repair or 
 unfit to be used upon the railway, the company may require the same 
 to be taken off, or may forbid its use upon the railway until the 
 same has been repaired to the satisfaction of the company, and, on 
 the engine being so repaired, the company shall give a certificate to 
 the party requiring the same of its ajiproval of such engine. 
 
 (4.) If any difference of opinion arises between the company and 
 the owner of any such engine as to the fitness or unfitness thereof for 
 the purpose of being used upon the railway, such difference shall be 
 settled by arbitration. 
 
 318. If any person, whether the owner or other person having the 
 care thereof, brings or uses upon the railway any locomotive or other 
 
 engOK 
 
 or any moving power without having first obtained such 
 
 certificate of approval as aforesaid, or if, after notice given by the 
 company to remove any such engine from the railway, such person 
 does not forthwith remove the same, or if, after notice given by the 
 company not to use any such engine upon th(! railway, such person 
 does so use such engine, without having first repaired the same to the 
 satisfaction of the company, and obtained such certificate of approval, 
 every such person shall, in any of the cases aforesaid, forfeit to the 
 company a sum not exceeding ninety-six dollars ; and in any such 
 case it shall be lawful for the company to i-emove such engine from 
 the railway. 
 
 Construction r,f 319. — (!•) No carriage shall pass along or be upon the railway 
 carnage used on ^gxcept in directly crossing the same as herein or by the Special
 
 A.D. 1846.] COMPAXIES' GLAUSES AND POWERS. [No. 1. 
 
 127 
 
 Ordinance authorized) unless such carriage is at all times, so long as 
 it is used or remains upon the railway, of the construction and in the 
 condition which the regulations of the company for the time being 
 require. 
 
 (2.) If an}'^ dispute arises between the company and the owner of 
 any such carriage as to the construction or condition thereof, in 
 reference to the then existing regulations of the company, such dispute 
 shall be settled by arbitration. 
 
 320. The regulations from time to time to be made by the 
 company respecting the carriages to be used upon the railway shall 
 be drawn up in writing, and be authenticated by the common seal of 
 the company, and shall be applicable alike to the carriages of the 
 company and to the carriages of other companies or persons using 
 the railway ; and a copy of such regulations shall, on demand, be 
 furnished by the secretary of the company to any person applying for 
 the same. 
 
 Regulations as 
 to carriages. 
 
 Penalty on 
 person using 
 improper 
 carnage on 
 
 Registration of 
 names of 
 owners of 
 carriages. 
 
 321. If any carriage, not being of such construction or in such 
 condition as the regulations of the company for the time being recjuire, 
 is made to pass or be upon any part of the railway (except as afore- 
 said), the owner thereof, or any person having for the time being the railway 
 charge of such carriage, shall for every such offence forfeit to the 
 company a sum not exceeding forty-eight dollars, and in any such case 
 it shall be lawful for the company to remove any such carriage from 
 the railway. 
 
 322. — (1.) The respective owners of carriages using the railway 
 shall cause to Ije entered with the secretary or other officer of the 
 company appointed for that purpose the names and places of abode 
 of the owners of such carriages respectively, and the numbers, weights, 
 and gauges of their respective carriages. 
 
 (2.) Every such owner shall also, if so required by the company, 
 cause the same particulars to be painted in legible characters on some 
 conspicious part of the outside of every such carriage, so as to be always 
 open to view. 
 
 (3.) Every such owner shall, whenever required by the company, 
 permit his carriage to be weighed, measured, or gauged, at the expense 
 of the company. 
 
 (4.) If the owner of any such carriage fails to comply with any 
 requisition made under this section, it shall be lawful for the company 
 to refuse to allow such carriage to be brought upon the I'ailway or to 
 remove the same therefrom until such compliance. 
 
 323. — -(1.) If the loading of any carriage using the railway is such Dealing with 
 as to be liable to collision with other carriages properly loaded, or to impvoperly 
 be otherwise dangerous, or if the person having the care of any carriage loaded, etc. 
 or goods upon the railway suffers the same or any part thereof to 
 remain upon the railway so as to obstruct the passage or working 
 thei'eof, it shall be lawful for the company to cause such carriage or 
 goods to be unloaded and removed in any manner proper for preventing 
 such collision or obstruction, and to detain such carriage or goods, or 
 any part thereof, until the expenses occasioned by such unloading, 
 removal, or detention ai-e paid. 
 
 (2.) The Company shall not be liable for any damage or loss 
 occasioned by any such unloading, removal or detention as aforesaid,
 
 128 
 
 No. 1.] THE LA WS OF BRITISH GUIANA . [A.D. 1846. 
 
 except for damage wilfully or negligently done to any carriage or goods 
 so unloaded, removed or detained, nor shall it be liable for the safe 
 custody of any such carriage or goods so detained, unless the same is 
 or are wrongfully detained by it, aud then only for so long a time as 
 the same may have been so wrongfully detained. 
 
 Liability of 
 owner of engine 
 or carriage for 
 damage done 
 by servant. 
 
 Eecovery by 
 owner from 
 servant. 
 
 324. — (1.) The respective owners of engines and carriages pas&ing 
 or being upon the railway shall be answerable for any trespass or 
 damage done by their engines or carriages, or by any of the ser- 
 vants or persons employed by them, to or upon the railway or the 
 machinery or works belonging thereto, or to or upon the property of 
 any other person. 
 
 (2.) Every such owner, servant, or other person may lawfully 
 be convicted of such trespass or damage before any two Justices of 
 the Peace, either by the confession of the party offending or upon 
 the oath of some credible witness ; and, on such conviction, every 
 such owner, servant, or other person shall pay to the company or 
 to the person injured, as the case may be, the damage to be ascertained 
 by such Justices, so that the same does not exceed two hundred and 
 forty dollars. 
 
 carriage 
 
 325. It shall be lawful for any owner of an engine or 
 who may pay the amount of any damage caused by the misfeasance 
 or neghgeuce of any servant or other person employed by him to 
 recover the amount so paid by him from such servant or other person 
 by the same means as the company is enabled to recover the amount of 
 such damage from the owner of any engine or carriage. 
 
 Powers of 
 Postmaster 
 General and 
 obligations of 
 company witb 
 respect to 
 conveyance of 
 maUs by 
 railway. 
 
 Conveyance of Mails by Railway. 
 
 326. — (1.) In aU cases of railways to be hereafter made within this 
 Colony by which passengers or goods may be conveyed in or upon 
 carriages drawn or impelled by the power of steam or by any loco- 
 motive or stationary engines or other power whatever, it shall be 
 lawful for the Postmaster General, by notice in writing under his 
 hand dehvered to the company of proprietors of any such railway, 
 to require that the maUs or post letter-bags shall, from and after the 
 day to be named in any such notice (being not less than twenty-eight 
 days from the delivery thereof), be conveyed and forwarded by such 
 company on its railway, either by the ordinary trains of carriages or 
 by special trains, as need may be, at such hours or times in the day 
 or night as the Postmaster General may direct, together with the 
 guards appointed and employed by the Postmaster General in charge 
 thereof and any other officers of the Post Office. 
 
 (2.) The said company sball, from and after the day to be named 
 in such notice, at its own cost, provide sufficient carriages and engines 
 on such railway for the conveyance of such mails and post letter- 
 bags, to the satisfaction of the Postmaster General, and receive, take 
 up, carry and convey by such ordinary or special trains of car- 
 riages or otherwise, as need may be, all such mails or post letter- 
 bags as may for that purpose be tendered to it or any of its 
 officers, servants, or agents, by any officer of the Post Office, and 
 also receive, take up, carry, and convey in and upon the carriages 
 carrying such mails or post letter-bags the guards in charge thereof 
 and any other officers of the Post Office, and shall receive, take up,
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 12d 
 
 deliver, and leave such mails or post letter-lmgs, guards, and officers, 
 at such places in the line of such railway, on such days, at such 
 hours or times in the day or night, and subject to all such reason- 
 able regulations and restrictions as to places, times and duration 
 of stoppages and times of arrival as the Postmaster General may 
 in that behalf from time to time order or direct, and at any rate 
 of speed not exceeding twenty-seven miles in the hour, including 
 stoppages. 
 
 (3.) It shall also be lawful for the Postmaster General to send 
 any mail guard with bags, nut exceeding the weight of luggage allowed 
 to any other passenger or subject to the general rules of the company 
 for an excess of that weight, by any train other than a mail train, 
 upon the same conditions as any other passenger : Provided that in 
 such last-mentioned case nothing in this Ordinance shall be construed 
 to authorize the Postmaster General to require the conversion of a 
 regular mail train into an ordinary train, or to exercise any control 
 over the company in respect to any ordinary train, nor shall the 
 company be responsible for the safe custody or delivery of any mail 
 bags so sent. 
 
 (i.) It shall be lawful for the Postmaster General, if he sees fit, 
 to require that the whole of the inside of any carriage used on any 
 railway for the conveyance of mails or post letter-bags shall be 
 exclusively appropriated for the purpose of carrying the mails. 
 
 327. — (1.) The company of proprietors of any such railway shall, Provision of 
 
 on bein<; required to do so by the Postmaster General, provide and separate 
 , . , °. ^, ,.,. , ,1 ■ !■ -jv . • carnage for 
 
 furnish (ui addition to the carriages aforesaid) a separate carriage or sorting letters. 
 
 separate carriages, fitted up as the Postmaster General, or such person 
 as he may nominate in that behalf, may direct, for the purpose of 
 sorting letters therein, and shall forward the same carriage or carriages 
 by its railway, at such hours or times and subject to all such reason- 
 able regulations as aforesaid, as the Postmaster General may in that 
 behalf order or direct. 
 
 (2.) Such company of proprietors shall receive, take up, carry, and 
 convey in any such last-mentioned carriage or carriages all such post 
 letter-bags and officers of the Post Office as the Postmaster General 
 may reasonably require, and shall deliver and leave any post letter-bags 
 and officers of the Post Office at such places on the line of the railway 
 as the Postmaster General may in that behalf from timQ to time 
 reasonably ord^r and direct. 
 
 328. In case the Postmaster General is at any time desirous of 
 sending by any such railway any of His Majesty's mail coaches or 
 mail carts, with the mails or post letter-bags, and guards thereof, 
 and carriages for sorting letters with any officers of the Post Office 
 therein, instead of sending the said mails or post letter-bags, guards, 
 and officers of the Post Office by carriages to be provided by such 
 railway company as aforesaid, then and izi any such case such railway 
 company shall, at the request of the Postmaster General, signified by 
 such notice as aforesaid, cause such mail coaches or mail carts, with 
 the mails or post letter- bags and guards thereof, and carriages for 
 sorting letters, with any officers of the Post Office therein, to be 
 conveyed by the usual or proper trucks or frames on its said rail- 
 way, subject to such regulations and restrictions of the Postmaster 
 General as are hereinbefore mentioned. 
 
 Conveyance of 
 mail coaches 
 and carts 
 on railway.
 
 130 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Regulations of 
 tlie Postmaster 
 General to be 
 observed by 
 company. 
 
 329. — (1.) For the greater security of the mails or post letter-bags 
 so to be carried or conveyed by railways, the company of proprietors 
 of such respective railways along which such mails or post letter-l)ags, 
 mail coaches, carts, or carriages for sorting letters may be so required 
 by the Postmaster General to be conveyed, and its respective officers, 
 servants, and agents, shall obey, observe, and perform all such reason- 
 able regulations I'especting the conveyance, delivering, and leaving 
 of such mails and post letter-bags, guards and officers of the Post 
 Office, )uail coaches, carts and carriages on any such railways, or on 
 the line thereof, as the Postmaster General, or such officer of the Post 
 Office as he may nominate in that behalf, may, in his discretion, from 
 time to time give or make : Provided always that it shall not be 
 lawful for any officer or servant of the Post Office to interfere with or 
 give orders to the engineer or other person having the charge of any 
 engine ujDon any railway along which mails or post letter-bags may 
 be conveyed ; but, if any cause of complaint arises, the same shall be 
 stated to the conductor or other officer of the railway company having 
 the charge of the train or to the chief officer at any station upon the 
 railway. 
 
 (2.) In case of any default or neglect on the part of any officers 
 or servants of the railway company to comply with any of the regula- 
 tions of the Postmaster General or other officer of the Post Office so 
 to be nominated as aforesaid, the railway company shall be wholly 
 responsible for the same. 
 
 330. Every company of proprietors of any railway along which 
 such mails or post letter-bags, mail coaches, carts, or carriages may be 
 so required by the Postmaster General to be conveyed shall be en- 
 titled to such reasonable remuneration to be paid by the Postmaster 
 General to any such company of proprietors for the conveyance of 
 such mails, post letter-bags, mail guards, and other officers of the Post 
 Office, mail coaches, carts, and carriages, in manner required by such 
 Postmaster General or by such officer of the Post Office as he may 
 nominate in that behalf as aforesaid, as may (either prior to or after 
 the commencement of such service) be fixed and agreed on between the 
 Postmaster General and such company of proprietors, or, in case of 
 difierence of opinion between them, then as may be determined by 
 arbitration as herein provided, but so that the services which may be 
 required by the Postmaster General, or by such officer of the Post 
 Office as he may nominate in that behalf as aforesaid, to be performed 
 by any such company of proprietors be not suspended, postponed, or 
 deferred by reason of such remuneration not having been then fixed 
 or agreed on between the Postmaster General and such company of 
 proprietors, or by reason of the award on any reference to arbitration 
 to determine the remuneration not having been then made. 
 
 Alteration of 331. — (I.) Notwithstanding any agreement to be entered into 
 
 jigreement as to between the Postmaster General and any such company, or any award 
 remimeration. ^^ ^jg made on any such reference as aforesaid fixing the amount of 
 remuneration to be paid to such company for any services to be 
 rendered by it as aforesaid, it shall bo lawful and competent to and for 
 the Postmaster General, by notice in writing, to require, from and 
 after the day to be named in any such notice, not being less than 
 twenty-eight days from the delivery thereof, any addition to be made 
 to the services in respect of which such agreement may be entered into 
 or award made. 
 
 Remuneration 
 to company for 
 conveyance of 
 mails, etc.
 
 A.D. 1846.] COMPANIES' GLAUSES AND POWERS. [No. 1. 
 
 131 
 
 (2.) In any such case, and also in case of a discontinuance of any 
 part of such services as hereinafter provided, a fresh agreement shall 
 be entered into between the Postmaster General and such company 
 for regulating the future amount of remuneration to be paid by the 
 Postmaster General to such company for such increased or diminished 
 services, as the case may be. 
 
 (3.) If the parties cannot agree on such amount, the same shall 
 be referred to arbitration in like manner as hereinbefore is mentioned, 
 and hei'ein provided, as to any original agreement, and such arbiti'a- 
 tors shall have power to award any compensation they may consider 
 reasonable to be paid to any railway company for any loss that 
 may have been occasioned to it by the discontinuance or alteration 
 of the services previously agreed to be performed by it by any train 
 or carriage specially required by the Postmaster General to be for- 
 warded for the conveyance of the mails, but so, nevertheless, that such 
 increased or diminished services shall not be suspended, postponed, or 
 deferred by reason of the amount of such increased or diminished re- 
 
 muneration not having 
 
 been then fixed or agreed on between the 
 
 Postmaster General and such company of proprietors, or by reason of 
 the award on any reference to arbitration to determine the amount 
 of such increased or diminished remuneration not having been then 
 made. 
 
 332. — (1.) It shall be lawful for the Postmaster General, and he is Notice to 
 hereby authorized, at any time during the continuance of the services company to 
 of any company of proprietors as aforesaid, to give to such company, ^^^^^ services. 
 by writing under his hand, six calendar months' previous notice that 
 such services, or any part thereof, shall cease and determine ; and 
 thereupon, at the expiration of such six calendar months' notice, the 
 said services or such part thereof as aforesaid, and the remuneration 
 for the same, shall cease and determine. 
 
 (2.) It shall be lawful for the Postmaster General, at any time 
 during the continuance of the services of any company of proprietors 
 as aforesaid, by notice in writing under his hand, absolutely to deter- 
 mine and put an end to the same, or any part thereof, without giving 
 any previous notice or on giving any notice less than six calendar 
 months in respect thereof, and thereupon the said services shall cease 
 and determine accordingly : Provided, nevertheless, that in case the 
 Postmaster General, without giving six calendar months' notice as 
 aforesaid, at any time determines the services to be required by the 
 Postmaster General of any company of proprietors, or any part of such 
 services, without any cause whatever, or for any cause other than the 
 default by such company of proprietors in the performance of any of 
 the services to be required of them by the Postmaster General, or the 
 breach by such company of proprietors of any of their engagements 
 with the Postmaster General, then and in any such case the Postmaster 
 General shall make to such company a full and fair compensation for 
 all loss thereby occasioned, the amount whereof, in case the parties 
 differ about the same, shall be ascertained by arbitration in manner 
 and form hereinbefore mentioned. 
 
 333. If the company of proprietors of any railways, or any of its Penalty on 
 
 respective officei s, servants, or agents, refuses or neglects or refuse or company for 
 
 neglect to carry or convey any mails or post letter-bags when tendered »'e^"smg or 
 
 to it or them for such purpose by the Postmaster General or any officer oari7 mails. 
 
 VOL. 1, 10
 
 132 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Power to 
 Postmaster 
 General 
 to require 
 company to 
 gite security 
 by bond. 
 
 of the Post Office, or refuses or refuse to carry on the railway any 
 mail coaches, carts, or carriages as hereinbefore provided when so 
 required by the Postmaster General, or refuse or neglect to receive, 
 take up, deliver, and leave any such mails or post letter-bags, mail 
 guards or other officers of the Post Office, mail coaches, carts, or car- 
 riages, at such places, at such times, on such days, and subject to such 
 regulations and resti'ictions as to speed of travelling, places, times, and 
 duration of stoppages as the Postmaster General may from time to time 
 reasonably direct or appoint, as hereinbefore provided, or does or do 
 not obey, observe, and perform all such regulations respecting the 
 conveyance of the mails and post letter-bags, mail coaches, carts, and 
 carriages on any such railway as the Postmaster General, or such officer 
 of the Post Office as he may nominate in that behalf, may make for 
 the purposes aforesaid, then and in any such case the company of 
 proprietors which, or whose officer, servant, or agent, so offends in the 
 premises, shall for every such offence forfeit and pay a sum not ex- 
 ceeding ninety-six dollars : Provided, nevertheless, that the payment 
 of or liability to such penalty shall not in any manner lessen or affect 
 the liability of any such company under any bond which may have 
 been given by it under the provisions hereinafter contained. 
 
 334. — (1.) It shall be lawful for the Postmaster General, if he so 
 thinks fit, to require the company of proprietors of any railway to be 
 hereafter made within this Colony to give security by bond to His 
 Majesty, his heirs and successors, conditioned to be void if such com- 
 pany shall from time to time carry or convey, or cause to be carried 
 or conveyed, all such mails or post letter-bags, mail guards and other 
 officers of the Post Office, mail coaches, carts, and carriages, in manner 
 hereinbefore mentioned, when thereunto required by the Postmaster 
 General or any Officer of the Post Office duly authorized for that 
 purpose ; and shall receive, take up, deliver, and leave all such mails 
 or post letter-bags, guards and officers, mail coaches, carts and car- 
 riages, at such places, at such times, on such days, and subject to such 
 regulations and restrictions as to speed of travelling, places, times, 
 and duration of stoppages, as hereinbefore mentioned ; and shall obey, 
 observe, and perform all such regulations lespecting the same as the 
 Postmaster General may reasonably make ; and shall well and truly do 
 and perform, and cause to be done and performed, all such other acts, 
 matters, and things as by this Ordinance are required or directed to 
 be done or performed by or on the part or behalf of such company 
 its officers, servants, and agents. 
 
 (2.) Every such bond shall be taken in such sum and in such 
 form as the Postmaster General may think proper ; and every such 
 security shall be renewed from time to time whenever and so often as 
 such bond may be forfeited, and also whenever and so often as the 
 Postmaster General may, in his discretion, require the same to be re- 
 newed. 
 
 (3.) If any company of proprietors of any such railway as afore- 
 said, when so required as aforesaid, refuses or neglects, for the space of 
 one calendar month next after the delivery of any notice for such 
 purpose to it given by or from the Postmaster General, to execute 
 to His Majesty, his heirs and successors, such bond to the effect 
 and in manner aforesaid, or at any time refuses or neglects to renew 
 such bond whenever and so often as the same may, by or in pursu- 
 ance of this Ordinance, be required to be renewed, such company of
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 133 
 
 proprietors shall forfeit four hundred and eighty dollars for every- 
 day during the period for which there may be any refusal, neglect, 
 or default to give or renew such security as aforesaid, after the 
 expiration of the said one calendar month. 
 
 335. In an)' case in which the Postmaster General and any company settlement by 
 of proprietors of any railway are not able to agree on the amount of arbitration of 
 remuneration or compensation to be paid by the Postmaster General rem^eration'' 
 to such company of proprietors for any services performed or to be 
 performed by it as hereinbefore mentioned, the same shall be sub- 
 mitted to and settled by arbitration in manner and form hereinbefore 
 directed. 
 
 336, After any contract entered into or award made under the 
 authority of this Ordinance has continued in operation for a period 
 of three years, it shall be competent for any railway company which 
 may consider itself aggrieved by the terms of remuneration fixed 
 by such contract or award, by notice under its common seal, to 
 require that it shall be referred to arbitrators to determine whether 
 any and what alteration ought to be made therein ; and thereupon 
 such arbitrators or umpire to be appointed as hereinbefore mentioned 
 shall proceed to inquire into the circumstances and make their or his 
 award therein as in the case of an original agreement : Provided 
 always that the services performed by such railway company for the 
 Post Office shall in nowise be interrupted or impeded thereby. 
 
 Right of 
 company to 
 refer contract 
 in existence for 
 three years to 
 arbitration. 
 
 Returns of Traffic. 
 
 337. — (1.) The Governor-in-Council may order and direct any Power to the 
 railway company to make up and deliver to him returns, according ^°^^'^°[""^' 
 to a form to be provided by the Governor-in-Council, of the aggregate order company 
 traffic in passengers, according to the several classes, and of the to make retuma 
 aggregate traffic in cattle and goods respectively on the said railway, ° ^^ °' 
 as well as of all accidents which may have occurred thereon attended 
 with personal injury, and also a table of all tolls, rates, and charges 
 from time to time levied on each class of passengers, and on cattle and 
 goods conveyed on the said railway. 
 
 (2.) If the returns herein specified are not delivered within thirty 
 days after the same may have been required, every such company 
 shall foi-feit the sum of ninety-six dollars for every day during which 
 the said company wilfully neglects to deUver the same, and every 
 such penalty may be recovered in any Court of competent jurisdic- 
 tion : Provided always that such returns shall be required in like 
 manner, and at the same time, from all the said companies, unless the 
 Governor-in-Council specially exempts any of the said companies, and 
 enter the grounds of such exemption in the minutes of his 
 proceedings. 
 
 (3.) Every officer of any company who wilfully makes any false 
 return to the Governor-iu-Council shall be deemed guilty of a 
 misdemeanor. 
 
 Inspection of Railway. 
 
 338. It shall be lawful for the Governor-in-Council, if and when Power to the 
 
 he thinks fit, to authorize any proper person or persons to inspect Govemor-m- 
 
 any railway, and it shall be lawful for any person so authorized, apiwint 
 VOL. I. IUa
 
 134 No. 1.] TEE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 person to 
 inspect railway. 
 
 Punishment of 
 person 
 obstructing 
 engine, etc. 
 
 Punishment of 
 person 
 obstructing 
 officer of 
 company or 
 trespassing. 
 
 Punishment of 
 person 
 employed un 
 railway guilty 
 of misconduct. 
 
 at all reasonable times, upon producing his authority, if required, to enter 
 upon and examine the said railway, and the stations, works, and 
 buildings, and the engines and carriages belonging thereto : Provided 
 always that no person shall be eligible to an appointment as such 
 inspector as aforesaid who exercises any powers of interference in the 
 affairs of the company. 
 
 339. — (1.) Every person who wilfully obstructs any person duly 
 authorized as aforesaid in the execution of his duty shall, on being 
 convicted before a Justice of the Peace having jurisdiction in the place 
 where the offence may have been committed, for every such offence 
 forfeit and pay a sum not exceeding forty-eight dollars. 
 
 (2.) In default of payment of any penalty so adjudged imme- 
 diately or within such time as the said Justice of the Peace may 
 appoint, the same Justice, or any other Justice having jurisdiction in 
 the place where the offender is or resides, may commit the offender to 
 prison for any period not exceeding two calendar months ; but such 
 commitment shall be determined on payment of the amount of the 
 penalty. 
 
 Obstructions. 
 
 340. From and after the commencement of this Ordinance, every 
 person who wilfully does or causes to be done anything in such 
 manner as to obstruct any engine or carriage using any railway, or to 
 endanger the safety of persons conveyed in or upon the same, or aids 
 or assists therein, shall be guilty of a misdemeanor, and, being con- 
 victed thereof, shall be liable, in the discretion of the Court before 
 which he may have been convicted, to imprisonment, with or without 
 hard labour, for any term not exceeding two years. 
 
 341. If any person wilfully obstructs or impedes any officer or 
 agent of any railway company in the execution of his duty upon any 
 railway, or upon or in any of the stations or other works or premises 
 connected therewith, or if any person wilfully trespasses upon any 
 railway or any of the stations or other works or premises connected 
 therewith, and refuses to quit the same on request made to him by 
 any officer or agent of the said company, every such person so 
 offending, and all others aiding or assisting therein, shall and may be 
 seized and detained by any such officer or agent, or any person whom 
 he may call to his assistance, until such offender or offenders can be 
 conveniently taken before some Justice, who shall summon some other 
 Justice to act witli him, and, on being convicted before such Justices, 
 (who are hereby authorized and required, on complaint made to them 
 upon oath, to take cognizance thereof, and to act summarily in the 
 premises), shall, in the discretion of such Justices, forfeit any sum 
 not exceeding twenty-four dollars, and, in default of payment thereof, 
 shall or may be imprisoned for any tsrm not exceeding two calendar 
 months ; but such imprisonment shall be determined on payment of 
 the amount of the penalty. 
 
 342. — (1.) It shall be lawful for any officer or agent of any railway 
 company, or for any constable duly appointed, and all such persons as 
 they may call to their assistance, to seize and detain any engine driver, 
 wagon driver, guard, porter, servant, or other person employed by 
 the said or any other railway company, or by any other company or 
 person, in conducting traffic upon the railway belonging to the said
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 135 
 
 company, or in repairing and maintaining the works of the said 
 railway, who is found drunk while so employed upon the railway, 
 or commits any offence against any of the by-laws, rules, or regula- 
 tions of the said company, or wilfully, maliciously, or negligently 
 does or omits to do any act whereby the life or limb of any person 
 passing along or being upon such railway or the works thereof 
 respectively, may be or might be injured or endangered, or whereby 
 the passage of any engines, carriages or trains may be or might be 
 obstructed or impeded, and to convey such engine driver, wagon 
 driver, guard, porter, servant, or other person so offending, or any 
 person counselling, aiding, or assisting in such offence, with all con- 
 venient despatch, before some Justice of the Peace, without any other 
 warrant or authority than this Ordinance. 
 
 (2.) Every such person so offending, and every person counselUng, 
 aiding, or assisting therein as aforesaid, shall, when convicted upon 
 the oath of one or more credible witness or witnesses before two 
 Justices, (who are hereby authorized and required, on complaint made 
 to them upon oath, without information in writing, to take cognizance 
 thereof, and to act summarily in the premises), in the discretion of 
 such Justices, be imprisoned, with or without hard labour, for any term 
 not exceeding two calendar months, or, in the like discretion of such 
 Justices, shall for every such offence forfeit any sum not exceeding 
 forty-eight dollars, and, in default of payment thereof, shall be 
 imprisoned, with or without hard labour as aforesaid, for such period 
 not exceeding two calendar months as such Justices may appoint ; but 
 such commitment shall be determined on payment of the amount of the 
 penalty. 
 
 Opening of Railway. 
 
 343. — (1.) No railway or portion of any railway shall be opened 
 for the public conveyance of passengers until one calendar month 
 after notice in writing of the intention of opening the same has been 
 given by the company to whom such railway may belong to the 
 Governor-in-Council, and until ten days after notice in writing has 
 been given by the said company to the Governor-in Council of the time 
 when the said railway or portion of railway will be, in the opinion of 
 the said company, sufficiently completed for the safe conveyance of 
 passengers and ready for inspection : Provided always that no railway 
 shall be considered a passenger railway if two-thirds or more of the 
 gross annual revenue of such railway are derived from the carriage 
 thereon of goods. 
 
 (2.) If any railway or portion of any railway is opened without 
 such notice as aforesaid, the company to which such I'ailway may 
 belong shall forfeit the sum of ninety-six dollars for every day during 
 which the same may continue open until the said notices have been 
 duly given and have expired ; and every such penalty may be 
 recovered in any Court of competent jurisdiction. 
 
 344. _(1.) If the officer or officers appointed by the Governor-in- 
 Council to inspect any such railway or portion of railway, after 
 inspection thereof, report in writing to the Governor-in-Council that, 
 in his or their opinion, the opening of the same would be attended with 
 danger to the public using the same by reason of the incompleteness of 
 the works or permanent way, or of the insufficiency of the establish- 
 ment for working such railway, together with the grounds of such 
 
 Notice to be 
 given of 
 intended 
 opening of 
 railway. 
 
 Power to the 
 Govenior-in- 
 Coiincil to 
 postpone 
 opening.
 
 136 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Notification of 
 accident on 
 railway. 
 
 opinion, it shall be lawful for the Governor-in-Council, and so from 
 time to time, as often as such officer or officers may, after further 
 inspection thereof, so report, to order and direct the company to which 
 such railway may belong to postpone such opening for any period not 
 exceeding one calendar month at any one time, until it appears to the 
 Governor-in-Council that such opening may take place without danger 
 to the pubUc. 
 
 (2. ) If any such railway, or any portion thereof, is opened contrary 
 to any such order and direction of the Governor-in-Council, the company 
 shall forfeit the sum of ninety-six dollars for every day during which 
 the same may continue open contrary to such order and direction ; and 
 every such penalty may be recovered in any Court of competent 
 jurisdiction : Provided always that no such order as aforesaid shall be 
 binding upon any railway company, unless there is delivered therewith 
 to the said company a copy of the report of the officer or officers on 
 which such order may be founded. 
 
 Accidents. 
 
 345. — (1-) Eveiy railway company shall, within forty-eight hours 
 after the occurrence upon the railway belonging to such company of 
 any accident attended with serious personal injury to the public using 
 the same, give notice thereof to the Governor-in-Council. 
 
 (2.) If any company wilfully omits to give such notice, such com- 
 pany shall forfeit the sum of twenty-four dollars for every day during 
 which the omission to give such notice may continue ; and every such 
 penalty may be recovered in any Court of competent jurisdiction. 
 
 346. — (1.) The Governor-in-Council may order and direct any rail- 
 way company to make up and deliver to them returns of serious 
 accidents occurring in the course of the public traffic upon the railway 
 belonging to such company, whether attended with personal injury or 
 not, in such form and manner as the Governor-in-Council may deem 
 necessary and require for his informatipn, with a view to the public 
 safety. 
 
 (2. ) If any such returns are not so delivered within fourteen days 
 after the same may have been required, every such company shall 
 forfeit the sum of twenty-four dollars for every day during which the 
 said company neglects to deliver the same ; and every such penalty may 
 be recovered in any Court of competent jurisdiction : Provided always 
 that all such returns shall be privileged communications, and shall not 
 be evidence in any Court whatsoever. 
 
 Disputes between Companies, 
 
 Settlement of 347. — (1.) Where two or more railway companies whose railways 
 
 dispute between have a common terminus or a portion of the same line of rails in 
 common, or which form separate portions of one continued line of 
 railway communication, are not able to agree upon arrangements for 
 conducting at such common terminus, or at the point of junction 
 between them, their joint traffic wdth safety to the public, it shall be 
 lawful for the Governor-in-Council, on the application of either of the 
 parties, to decide the questions in dispute between them, so far as the 
 same relate to the safety of the public, and to order and determine 
 wl ether the whole or what portion of the expenses attending on such 
 arrangement!) shall be borne by either of the parties respec tively. 
 
 (2.) If any railway company refuses or wilfully neglects to obey 
 
 Power to the 
 Govemor-in- 
 Comicil to 
 order returns 
 of serious 
 accidents. 
 
 companieB 
 owning 
 connecting 
 railvvays.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 137 
 
 any such order made upon or against such company by the Governor- 
 in-Council pursuant to this provision, such company shall forfeit the 
 sum of ninety-six dollars for every day during which such refusal or 
 neglect may continue ; and every such penalty may be recovered in 
 any Court of competent jurisdiction. 
 
 conditions to 
 revise scale of 
 tolls and fix 
 new scale. 
 
 Options of Revision and Purchase. 
 
 348. If, at any time after the end of twenty-one years from and after Power to the 
 the first day of January next after the commencement of any Ordinance q^I^^ l^ Policy 
 for the construction of any line of passenger railway, whether such line in certain 
 is a trunk, branch, or junction line, the clear annual profits divisible 
 upon the subscribed and paid up capital stock of the said railway, 
 upon the average of the three then last preceding years, equal or 
 exceed the rate of fifteen pounds for every hundred pounds of such 
 
 paid-up capital stock, it sliall be lawful for the Governor and Court of 
 Policy, subject to the provisions hereinafter contained, upon giving to 
 the said company three calendar months' notice in writing of their 
 intention to do so, to revise the scale of tolls, fares, and charges 
 limited by the Ordinance or Ordinances relating to the said railway, 
 and to fix such new scale of tolls, fares, and charges applicable to 
 such different classes and kinds of passengers, goods, and other traffic 
 on such railway as, in the judgment of the Governor and Court of 
 Policy, assuming the same quantities and kinds of traffic to continue, 
 will be likely to reduce the said divisible profits to the said rate of 
 fifteen pounds in the hundred : Provided always that no such revised 
 scale shall take effect unless accompanied by a guarantee, to subsist as 
 long as any such revised scale of tolls, fares, and charges may be in 
 force, that the said divisible profits, in case of any deficiency therein, 
 shall be annually made good to the said rate of fifteen pounds for every 
 hundred pounds of such capital stock : Provided also that such revised 
 scale shall not be again revised or such guarantee withdrawn, other- 
 wise than with the consent of the company, for the further period of 
 twenty-one-years. 
 
 349. Whatever may be the rate of divisible profits on any such Power to the 
 
 railway, it shall be lawful for the Governor and Court of Policy, if ^o^^^^^o/ "'^."^ 
 1 , • 1 /> 1 . 1 • • 1 • c 1 • -I j^ Coui-t of Pobcy 
 
 they thmk fit, subject to the provisions heremaiter contamed, at any to pm-chase 
 
 time after the expiration of the said term of twenty-one years to pur- railway 
 chase any such railway, with all its hereditaments, stock, and appur- goQ^^^iong^ 
 tenances, in the name and on behalf of Her Majesty, on giving to the 
 said company three calendar months' notice in writing of their inten- 
 tion to do so, and on payment of a sum equal to twenty-five years' 
 purchase of the said annual divisible profits, estimated on the average 
 of the three then last preceding years : Provided that if the average 
 rate of profits for the said three years is less than the rate of fifteen 
 pounds in the hundred, it shall be lawful for the company, if it is of 
 opinion that the said rate of twenty-five years' purchase of the said 
 average profits is an inadequate rate of purchase of such railway, 
 reference being had to the prospects thereof, to require that it shall be 
 left to arbitration in case of difference to determine what, if any 
 additional amount of purchase money shall be paid to the said company : 
 Provided, also, that such option of purchase shall not be exercised, 
 except with the consent of the company, while any such revised scale 
 of tolls, fares, and charges may be in force : Provided, also, that the
 
 138 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 option of purchase shall not be exercised as regards any branch or 
 extension of any trunk line of railway without including such trunk 
 line of railway in the purchase, ia case the proprietors thereof require 
 that the same be so included. 
 
 Reservation to 
 the Governor 
 and Court of 
 Policy of 
 consideration of 
 future policy in 
 regard to option 
 of purchase. 
 
 Keeping of 
 accounts, etc., 
 by company 
 liable to option 
 of purchase. 
 
 350. Whereas it is expedient that the policy of purchase should 
 in no manner be prejudged by the provisions of this Ordinance, but 
 should remain for the future consideration of the Legislature, upon 
 grounds of general and national policy ; and whereas it is not the 
 intention of this Ordinance that under the said provision of purchase, 
 if callefl into use, the public resources should be employed to sustain 
 an undue competition against any independent company or com- 
 panies : Be it therefore enacted that no such notice as hereinbefore 
 mentioned shall be given until provision has been made by an Ordin- 
 ance or Ordinances, to be passed in that behalf, for authorizing the 
 guarantee or the levy of the purchase money hereinbefore mentioned, 
 as the case may be, and for determining, subject to the conditions 
 hereinbefore mentioned, the manner in which the said options or 
 either of them shall be exercised ; and that no Bill for giving powers 
 to exercise the said options, or either of them, shall be received by the 
 Governor and Court of Policy, unless it is recited in the preamble to 
 such Bill that three months' notice of the intention to apply to the 
 Governor and Court of Policy for such powers has been given by the 
 Governor-in-Council to the company or companies to be affected 
 thereby. 
 
 351. — (1.) From and after the commencement of three years next 
 preceding the period at which the option of purchase becomes avail- 
 able, full and true accounts shall be kept of all sums of money received 
 and paid on account of any railway within the provisions hereinbefore 
 contained (distingnishing, if the said railway is a branch railway or 
 one worked in common with other railways, the receipts, and giving 
 an estimate of the expenses on account of the said railway, from those 
 on account of the trunk line or other railways,) by the directors of the 
 company to which such railway belongs, or by which the same is 
 worked ; and every such railway company shall once in every half-year, 
 during the said period of three years, cause a haK-yearly account in 
 abstract to be prepared showing the total receipt and expenditure on 
 account of the said railway for the half-year ending the thirtieth day 
 of June and the thirty-first day of December respectively, or such 
 other convenient days as may in each case be directed by the Governor- 
 in-Council, under distinct heads of receipt and expenditure, with a 
 statement of the balance of such account duly audited and certified 
 under the hands of two or more directors of the said railway company, 
 and shall send a copy of the said account to the Governor-in-Council 
 on or before the last days of August and February respectively, or 
 such other days as may in each case be directed by the Governor-in- 
 Council in each year. 
 
 (2.) It shall be lawful for the Govemor-in-Council, if and when 
 he thinks fit, to appoint any proper person or persons to inspect the 
 accounts and books of the said company during the said period of 
 three years ; and it shall be lawful for any person so authorized, at all 
 reasonable times, upon producing his authority, to examine the books, 
 accounts, vouchers, and other documents of the company, at the 
 principal office or other place of business of the company, and to take 
 copies of or extracts therefrom.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 139 
 
 Cheap Trains. 
 
 352. Whereas it is expedient to secure to the poorer classes of Obligation on 
 travellers the means of travelling by railway at moderate fares, and ™ilway 
 
 in carriages in which they may be protected from the weather : lie it cheapTraim'^^ 
 therefore enacted that, on and after the several days hereinafter speci- 
 fied, every passenger railway company shall, by means of one train at 
 the least to travel along its railway from one end to the other of 
 each trunk, branch, or junction line belonging to or leased by it, 
 so long as it continues to carry other passengers over such trunk, 
 In-anch, or junction line, once at least each way on every week day, 
 except Christmas Day and Good Friday, provide for the conveyance 
 of third class passengers to and from the terminal and other ordinary 
 passenger stations of the railway, under the obligations contained in 
 its several Ordinances, and with the immunities applicable by law to 
 carriers of passengers by railway, and also under the following con- 
 ditions that is to say, — 
 
 (1.) Such trains shall start at an hour to be from time to time fixed 
 
 by the directors, subject to the approval of the Governor-in- 
 
 Council ; 
 (2.) Such train shall travel at an average rate of speed not less than 
 
 twelve miles an hour for the whole distance travelled upon the 
 
 railway, including stoppages ; 
 (3.) Such train shall, if required, take up and set down passengers 
 
 at every passenger station which it may pass on the line ; 
 (4.) The carriages in which passengers may be conveyed by such 
 
 train shall be provided with seats, and shall be protected from the 
 
 weather in a manner satisfactory to the Governor-in-Council ; 
 (5.) The fare or charge for each third class passenger by such train 
 
 shall not exceed six cents for each mile travelled ; 
 (6.) Each passenger hy such train shall be allowed to take with 
 
 him fifty-six pounds weight of luggage not being merchandise 
 
 or other articles carried for hire or profit, without extra charge ; 
 
 and any excess of luggage shall be charged by weight, at a rate 
 
 not exceeding the lowest rate of charge for passengers' luggage by 
 
 other trains ; and 
 (7.) Children under three years of age accompanying passengers by 
 
 such train shall be taken without any charge, and children of 
 
 three years and upwards, but under twelve years of age, at half 
 
 the charge of an adult passenger. 
 
 353. If any railway company refuses or wilfully neglects to comply Penalty on 
 with the provisions of this Ordinance as to the said cheap trains, company for 
 within a reasonable time, or attempts to evade the operation of such comply with 
 order, such company shall forfeit a sum not exceeding ninety-six provisions as to 
 dollars for every day during which such refusal, neglect, or evasion cheap trams. 
 may continue : Provided always that, except as to the amount of fare 
 
 or charge for each passenger by such cheap trains, which shall in no 
 case exceed the rates hereinbefore in such case provided, the 
 Governor in-Council shall have a discretionary power, on the applica- 
 tion of any railway company, of dispensing with any of the conditions 
 hereinbefore required in regard to the conveyance of passengers by 
 such cheap trains as aforesaid, in consideration of such other arrange- 
 ments either in regard to speed, covering from the weather, seats,
 
 uo 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Pro^sion of 
 cheax) trains 
 on Sunday. 
 
 or other particulars as to the Governor-in-Council may appear 
 more beneficial and convenient for the passengers by such cheap 
 trains under the circumstances of the case, and may be sanctioned by 
 him accordingly, and any railway company which may conform to 
 such other conditions as may be so sanctioned by the Governor-in- 
 Council shall not be liable to any penalty for not observing the 
 conditions which may have been so dispensed with by the Governor-in- 
 Council in regard to the said cheap trains and the passengers con- 
 veyed thereby. 
 
 354. Whenever any railway company which is subject to the 
 hereinliefore mentioned obligation of running cheap trains, from and 
 after the days hereinbefore specified on which the obligation is to 
 accrue, runs any train or trains on Sundays for the conveyance of 
 passengers, it shall, under the obhgations contained in its Ordinance 
 or Ordinances, and with the immunities applicable by law to carriers 
 of passengers by railway, by such train each way on every Sunday as 
 may stop at the greatest number of stations, provide sufficient carriages 
 for the conveyance of third class passengers at the terminal and other 
 stations at which such Sunday ti-ain may ordinarily stop ; and the 
 fare or charge for each third class passenger by such train shall not 
 exceed six cents for each mile travelled. 
 
 Obligation of 
 company to 
 convey troops 
 and police. 
 
 Conveyance of Troops, etc. 
 
 355, — (1.) Whenever it may be necessary to move any of the 
 officers or soldiers of His Majesty's Forces of the Line, Ordnance 
 Corps, Marines, Militia, or the Police Force, by any railway, the 
 directors thereof shall and are hereby required to permit such Forces 
 respectively, with their baggage, stores, arms, ammunition, and other 
 necessaries and things, to be conveyed at the usual hours of starting, 
 at such prices or upon such conditions as may from time to time 
 be contracted for between the Governor of the Colony and such 
 railway company for the conveyance of such Forces, on the pro- 
 duction of a route or order for their conveyance, signed by the proper 
 authorities ; and every railway company shall be bound to provide 
 such conveyance as aforesaid for the said Military, Marine, Militia, 
 and Police Forces, at fares not exceeding four cents per mile for each 
 commissioned officer proceeding on duty, such officer being entitled 
 to conveyance in a first class carriage, and not exceeding two cents per 
 mile for each soldier, marine, cr private of the Mihtia or Police Force, 
 and also for each wife, widow, or child above twelve years of age of 
 a soldier entitled by Ordinance, or by competent authority, to be sent 
 to their destination at the public expense, children under three years 
 of age so entitled being taken free of charge, and children of three 
 years of age or upwards but under twelve years of age, so entitled, 
 being taken at half the price of an adult. 
 
 (2.) Such soldiers, marines, and privates of the Militia or Police 
 Force, and their wives, widows, and children so entitled, shall be con- 
 veyed in carriages which shall be provided with seats, with sufficient 
 space for the reasonable accommodation of the persons conveyed, and 
 which shall be protected against the weather, 
 
 (3.) Every officer conveyed shall be entitled to take with him one 
 hundred weight of personal luggage without extra charge, and every 
 soldier, marine, private, wife, or widow shall be entitled to take with
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 him or hor half a hundred weight of personal luggage without extra 
 charge, all excess of the a'ove weights of personal luggage being paid 
 for at the rate of not more than two cents per pound. 
 
 (4.) All public baggage, stores, arms, ammunition, and other 
 necessaries and things, (except gunpowder and other combustible 
 matters, which the company shall only be bound to convey at such 
 prices and upon such conditions as may from time to time be contracted 
 for between the Governor of the Colony and the company,) shall be 
 conveyed at charges not exceeding eight cents per ton per mile, the 
 assistance of the Military and other Forces being given in loading and 
 unloading such goods. 
 
 (5.) The conveyance of such Military, Marine, Militia, and Police 
 Forces respectivel}', when required by the Governor or other compe- 
 tent authority, shall be at any time by night or by day that such 
 Governor or other competent authority may direct ; and whenever any 
 such conveyance of the Military, Marine, Militia, or Police Forces may 
 be required as aforesaid, the company shall be bound and obliged to 
 make the whole of its resources available for that purpose ; anything 
 in this Ordinance to the contrary in any wise notwithstanding. 
 
 141 
 
 Electric Telegraphs. 
 
 356, Every railway company, on being required to do so by the obligation on 
 Governor and Court of Policy, shall be bound to allow any person or company to 
 persons, with servants and workmen, at all reasonable times, to enter '^p",^^' ^1^^, 
 into or upon its lands, and to establish and lay down upon such telegiaph to be 
 lands adjoining the line of such railway a line of electric telegraph established, 
 for His Majesty's service, and to give to him and them every reason 
 
 able facility for laying down the same, and for using the same for the 
 purpose of receiving and sending messages on His Majesty's service, 
 subject to such reasonable remuneration to the company as may be 
 agreed upon between the company and the Governor-in Council, or, in 
 case of disagreement, as may be settled by arbitration : Provided 
 always that, subject to a prior right of use thereof for the purposes 
 of His Majesty, such telegraph may be used by the company for 
 the purposes of the railway, upon such terms as may be agreed upon 
 between the parties, or, in the event of diflference, as may be settled 
 by arbitration. 
 
 357. Where a line of electric telegraph has been established upon Rigbt of public 
 any railway by the company to which such railway belongs, or by any tek<^aph ^"'^ 
 company, partnership, person, or persons, otherwise than exclusively established by 
 for His Majesty's service, or exclusively for the purposes of the private persons, 
 railway, or jointly for both, the use of such electric telegraph for the 
 
 purpose of receiving and sending messages shall, subject to the prior 
 right of use thereof for the service of His Majesty and for the purposes 
 of the company, and subject also to such equal charges, and to such 
 reasonable regulations, as may from time to time be made by the said 
 railway company, be open for the sending and receiving of messages by 
 all persons alike, without favour or preference. 
 
 Prosecutions to enforce Provisions of Raihvay Ordinances. 
 
 358. "Whenever it appears to the Governor and Court of Policy that Power to the 
 any of the provisions of any Ordinance regulating any railway company, Governor and
 
 142 
 
 No. 1.] THE LA W8 OF BRITISH GUIANA : [A.D. 1846. 
 
 Covirt of Policy 
 to direct 
 prosecution of 
 railway 
 company for 
 non-compliance 
 with Railway 
 Ordinances. 
 
 or the provisions of this Ordinance, or of any general Ordinance 
 relating to railways, have not been complied with on the part of any 
 railway company or any of its officers, or that any railway company 
 has acted or is acting in a manner miauthorized by the provisions 
 of any Ordinance or Ordinances relating to such railway, or in excess 
 of the powers given and objects defined by the said Ordinance or 
 Ordinances, and it also appears to the Governor and Court of Policy 
 that it would be for the public advantage that the company should be 
 restrained from so acting, the Governor and Court of Policy shall 
 notify the same to the Attorney General ; and thereupon the Attorney 
 General shall, in case such default of the railway company consists of 
 non-compliance with the provisions of the Ordinance or Ordinances 
 relating tliereto, or of this Ordinance, or of any general Ordinance relat- 
 ing to railways, proceed by information or by action, bill, plant, suit at 
 law or in equity, or other legal proceeding, as the case may require, to 
 recover such penalties and forfeitures, or otherwise to enforce the due 
 performance of the said provisions by such means as he may think fit ; 
 and in case such default of the railway company consists in the com- 
 mission of some act or acts unauthorized by law, then the Attorney 
 General, upon receiving such notification as aforesaid, shall proceed by 
 such legal proceeding and in such mode and manner as the nature of 
 the case may require, to obtain an injunction or order of interdict 
 (which any Judge of the Court to whom the application may be made 
 shall be and is hereby authorized and required to grant, if he is of 
 opinion that the act or acts of the railway company complained of is or 
 are not authorized by law), to restrain the company from acting in such 
 illegal manner, or to give such other relief as the nature of the case 
 may require : Provided always that no such notification as aforesaid 
 shall be given by the Governor and Court of Policy until twenty-one 
 days after they have given notice to the company, against or in relation 
 to which they may intend to give such notification, of their intention 
 to give the same, and that no legal proceedings shall be commenced 
 under the authority of the Governor and Court of Policy against any 
 railway company for any offence against this Ordinance or any 
 Ordinance relating to railways, except upon such notification of the 
 Governor and Court of Policy as aforesaid, and within one year after 
 such offence may have been committed. 
 
 Loans. 
 
 Prohibition of 
 company 
 lending money 
 on real security. 
 
 Penalty on 
 railway 
 company 
 issuing loan 
 otherwise than 
 as authorized 
 by Ordinance. 
 
 359. It shall not be lawful for the company to lend or advance out 
 of the ready moneys for the time being belonging to the company in 
 or upon any real security or securities whatsoever, whether in the 
 United Kingdom, or in Demerara, or elsewhere, in the name and on 
 behalf of the company, any sum or sums of money in any mode or 
 manner whatsoever. 
 
 360. From and after the commencement of this Ordinance, any 
 railway conpany issuing any loan note, or other negotiable or assign- 
 able instrument purporting to bind the company as a legal security 
 for money advanced to the said railway company, otherwise than under 
 the provisions of some Ordinance or Ordinances authorizing the said 
 railway company to raise such money and to issue such security, 
 shall for every such offence forfeit a sum equal to the sum for which 
 such loan note or other instrument purports to be such security.
 
 A.D. 1846.] COMPANIES' CLAUSES AND POWERS. [No. 1. 
 
 143 
 
 361. Nothing in this Ordinance shall be deemed or construed to 
 exempt the railway or other works by the Special Ordinance authorized 
 to be made from the provisions of any Act of Parliament, Order-in- 
 Council, or Oi'dinance relating to railways or other undertakings of a 
 public nature, which may hereafter be passed and be in force in this 
 Colony. 
 
 362. It shall be lawful for the Governor and Court of Policy by 
 any future enactments to i-epeal, alter, or amend any part of any 
 Ordinance which may hereafter come into operation and take effect 
 incorporating a joint stock company for the purpose of carrying on any 
 undertaking of a public nature, wdthout being responsible on that 
 account to provide compensation and indemnity to the shareholders of 
 such company. 
 
 Railway to be 
 subject to 
 future 
 enactments. 
 
 Power to 
 repeal, etc., 
 Ordinance 
 incorijorating 
 joint stock 
 company. 
 
 SCHEDULE. 
 
 FORMS. 
 
 Form No. I. 
 
 Certificate of Share. 
 
 Number " The Company." 
 
 This is to certify that A.B., of is the Proprietor of the Share 
 
 Number subject to the regulations of the said Company. 
 
 Given under the Common Seal of the said Company, the day of 
 
 in the year of our Lord 
 
 Section 11. 
 
 Form No. 2. 
 Transfer of Share or Slock. 
 
 I, of in consideration of the sum of paid to 
 
 me by of do hereby transfer to the said 
 
 Share [or Shares] numbered in the undertaking called "The 
 
 Company," [or pounds Consolidated Stock in the undertaking called 
 
 " The Company," standing [or part of the Stock standing] in 
 
 my name in the books of the Company,] to hold unto the said 
 
 his heirs; executors, administi-ators, and assigns [or successors and assigns], subject 
 
 to the several conditions on which I held the same at tlie time of the execution 
 
 hereof ; and I, the said do hereby agree to take the said Share 
 
 [or Shares, or Stock], subject to the same conditions. 
 
 As witness our hands and seals, the day of 1 
 
 Section 14. 
 
 Form No. 3. Section 40. 
 
 Bond. 
 
 Bond, Number S. [or $ ] "The Company." 
 
 By virtue of [here name the Special Ordinance'] We, " The 
 Companv," in consideration of the sum of pounds [or dollars] to us in 
 
 hand paid by A. B., of do bind ourselves and our successors unto the 
 
 said A.B., his heirs, executors, administrators, and assigns, in the penal sum of 
 pounds [or dollars]. 
 
 i he condition of the above obligation is such that if the said Company shall pay to 
 the said A. B., his heirs, executors, administrators, or assigns [at {in 
 
 ease any other place or payment than the principal Office of the Company is intended)'] on 
 the day of 1 , .the principal sum of pounds [or 
 
 dollars] together with interest for the same, at the rate of pounds [or 
 
 dollars] per cent, per annum payable half-yearly, on the day of then 
 
 the above written obligation is to become void ; otherwise to remain in full force. 
 
 Given under our Common Seal this day of 1
 
 144 
 
 "No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Section 45. 
 
 Section 74. 
 
 I, A.B., of 
 
 G.H., of 
 
 FoKM No. 4. 
 
 Transfer of Mortgage or Bond. 
 
 in consideration of the sum of paid to me by 
 
 do hereby transfer to the said G.H., his heirs, executors, 
 administrators, or assigns, a certain Bond [_or Mortgage] Number made by 
 
 " The Comijany " to bearing date the day of 1 , 
 
 for securing the sum of and interest [or, if such transfer is by endorsement, 
 
 the within security] and all my right, estate, and interest in and to. the money 
 thereby secured \_and if the Transfer is of a Mortgage, and in and to the tolls, money, 
 and property thereby assigned]. 
 
 In witness whereof I have hereunto set my hand and seal this day 
 
 of 1 
 
 Form No. 5. 
 
 Proxy. 
 
 A.B., one of the Proprietors of "The Company," doth 
 
 hereby appoint CD., of to be the Proxy of the said A. li., in his 
 
 absence to vote in his name upon any matter relating to the undertaking 
 proposed at the meeting of the Proprietors of the said Company to be held on 
 the day of next, in such manner as the said CD. may think 
 
 proper. 
 
 In witness whereof the said A.B. hath hereunto set his hand \or if a Corporation, 
 the Common Seal of the Corporation] the day of 1 
 
 ORDINANCE No. 2 OF 1846. 
 
 A.D. 1846. 
 
 Ordinances 
 No. 16 o/'1847, 
 No. 6 of 1850, 
 No. 11 of 1894, 
 s. 3 (3.), 
 and No. 2 of 
 1902, s. 4, 
 incorporated. 
 See also 
 Ordinances 
 No. 1 of 1846, 
 No. lo/'1849. 
 No. 2 of 1852, 
 No. 2 of 1854, 
 No. 3 o/' 1855, 
 No. 5 0/1861, 
 iVo. 8 0/1896, 
 No. 10 of 1897, 
 No. 16 of 1899, 
 No. ;3 of 1900 
 and No. 8 of 
 1901. 
 
 An Ordinance to incorporate a Company to be called 
 '' The Demerara Kail way Company," and to 
 authorize the said Company to make and maintain 
 a Railway in the Colony of British Guiana, from 
 the City of Georgetown, the Capital of the said 
 Colony, to Mahaica, with Extensions and Branches, 
 and for other purposes. 
 
 [18th July, 1846.] 
 
 WHEREAS the making and maintaining a railway in the Colony 
 of British Guiana, from the City of Georgetown, the Capital of 
 the said Colony, to Mahaica, would be of great public advantage 
 to the Colony by opening and keeping a certain and expeditious com- 
 munication between Georgetown and Mahaica aforesaid and the 
 intermediate and adjacent villages and districts, and by affording and 
 facilitating the means of bringing the produce of the said Colony into 
 the market ; 
 
 And whereas corresponding advantages are likely to result from the 
 continuation of the said railway to other parts of the Colony, and the 
 construction of lateral branch railways therefrom, and from such 
 continuation thereof ; 
 
 And whereas by an indenture or deed, bearing date the 18th day 
 of September, 1845, and made between Charles Cave, of Thread- 
 needle Street, in the City of London, Esquire, Michael M'Chlery, 
 of Finsbury Circus, in the County of Middlesex, Esquire, and others
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 145 
 
 of the first part ; the several other persons whose names and seals 
 are, by themselves or their respective attorneys or agents, thereunto, 
 or to a duplicate thereof, subscribed and affixed in the schedule 
 written under or annexed to such indenture or duplicate of the 
 second part ; and Alexander MacGregor, of No. 3 Chester Street, 
 Grosvenor Place, in the County of Middlesex, Esquire, and Alexander 
 George Milne, of No. 10, George Yard, Lombard Street, in the City of 
 London, Esquire, of the third part, which is hereinafter referred to as 
 " the said Deed of Settlement," and in which it is recited (amongst 
 other things) that the several persons, parties thereto of the first and 
 second parts, had agreed to form a joint stock company for making 
 and maintaining such railway as aforesaid, and all necessary works 
 connected therewith, with power, if the said Company thought fit 
 and the Legislature of this Colony should permit them to do so, to 
 extend or continue such railway and make any lateral branch railway 
 or branch railways therefrom or from such extended or continued 
 railway ; and had also agreed to raise for the purpose of such under- 
 taking a capital of two hundred and fifty thousand pounds, in ten 
 thousand shares of twenty-five pounds each, such capital to be 
 increased if thought proper, as thereinafter mentioned, and to enter 
 into the covenants thereinafter contained, the several persons, parties 
 thereto of the first and second parts, have covenanted and agreed 
 with the said Alexander Macgregor and Alexander George Milne, 
 their executors and administrators, that, when and so soon as an Act 
 of the Legislature of this Colony could be obtained for the purpose 
 they would become and remain associated as a joint stock company 
 for the purpose of the said undertaking, viz. —the making and main- 
 taining a railway from Georgetown to Mahaica respectively aforesaid, 
 and all necessary works connected therewith, with such power to 
 extend or continue the same, and to make branch railway or railways 
 as aforesaid, according to the provisions contained in the said Deed 
 of Settlement, and to be contained in such Act, by the name and style 
 of " The Demerara Railway Company," or such other name as might 
 be fixed by such Act, and that the capital of the said Company should 
 be the sum of two hundred and fifty thousand pounds divided into 
 ten thousand shares, each of the amount of twenty-five pounds, to be 
 increased, if thought proper, in manner thereinafter mentioned, and 
 that such shares should be numbered in ai'ithmetic progression, begin- 
 ning with No. 1, and should be personal estate and transmissible as 
 such, and, as such, should not be subject to the lex loci, but be regu- 
 lated as to transmission thereof and otherwise by the law of the place 
 of domicile of the shareholder; and the said Deed of Settlement con- 
 tains certain provisions relative to the said Company and the conduct 
 of the affairs thereof by Committees of Management in London and in 
 Georgetown aforesaid, to be styled respectively " The London Com- 
 mittee" and "The Demerara Committee," and the shareholders in 
 the said Company, and the meetings of such shareholders and of the 
 said respective Committees, and the shares in the capital of the said 
 Company, and the increase of such capital by the creation of new 
 shai-es, and the conversion of shares into stock, and the transfer or 
 transmission of shares, and the payment of calls on such shares, and 
 the contracts to be entered into by or on behalf of the said Company, 
 and various other agreements and provisions for the internal regulation 
 of the afl'airs of the said Company and otherwise; 
 
 And whereas it is deemed expedient to facilitate the proof of the
 
 146 
 
 No. 2.] THE LA WS OF BRITISH GUI AN A : [A.D. 1846. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 said Deed of Settlement in all actions, suits, or other proceedings, acts, 
 matters, and things which may be brought, instituted, or done under 
 or by virtue of the said Deed of Settlement, or any covenant or pro- 
 vision therein contained, by or on the behalf of or against the said 
 Company, in its corporate name and capacity ; and such proof would 
 be greatly facilitated by causing the said Deed of Settlement to be 
 printed, and by declaring that each printed copy of the same should 
 be admissible in evidence in the like manner in which public Ordin- 
 ances are admissible : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Demerara Railway Company's 
 Ordinance, 1846. 
 
 2. In this Ordinance, unless the context otherwise requires, — "^ ' 
 
 Words importing the masculine gender only include females : 
 
 Words importing the singular number only include the plural 
 number; and words importing the plural number only include 
 the singular number : 
 
 "Lands" extends to messuages, lands, tenements, and heredita- 
 ments of any tenure : 
 
 " Lease " includes an agreement for a lease : 
 
 " The Railway " and " Railway " respectively mean the railway 
 or the extensions and branches thereof, or the canals or other 
 works connected therewith, respectively, by this Ordinance au- 
 thorized to be made : 
 
 " Toll " includes any rate or charge or other payment payable 
 under this Ordinance for any passenger, animal, carriage, goods, 
 merchandi.se, articles, matters, or things conveyed upon the 
 railway, or along any canal constructed by the Company : 
 
 " Goods " include things of every kind conveyed upon the 
 railway : 
 
 " Month " means a calendar month : 
 
 " Day " means twenty-four hours computed de momento in mo- 
 mentum : 
 
 '• Oath " includes affirmation or other declaration or solemnity 
 lawfully substituted for an oath in this Colony : 
 
 "Justice of the peace" and "Justice" respectively mean and 
 include any Stipendiary Magistrate or Justice of the Peace, as 
 the case may be, acting as such in this Colony, and who is not 
 interested in the matter requiring the cognizance of any such 
 Stipendiary Magistrate or Justice of the Peace ; and where any 
 matter is authorized or required to be done by two Justices, the 
 expression " two Justices " means two Justices assembled and 
 acting together ; and where any matter is so authorized or re- 
 quired to be done by two Justices, any Justice as aforesaid 
 may summon the party or parties before himself and another 
 Justice, or before any two other Justices, as the case may re- 
 quire ; and where any matter is so authorized or required to be 
 done by two Justices, the same shall and may be done by any 
 Stipendiary Magistrate : 
 
 " Court " means the Supreme Court of British Guiana in its civil 
 jurisdiction, or the Chief Justice of the said Court during non-
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. U7 
 
 session or any of the Judges of the said Court sitting apart, or 
 any Court of competent jurisdiction, as the nature of the case 
 or the context may require : 
 
 " The Supreme Court " means the Supreme Court of British 
 Guiana in its civil jurisdiction : 
 
 Where under the provisions of this Ordinance, any notice is re- 
 quired to be given to the owner of any lands, or where any 
 act is authorised or required to be done with the consent of 
 any such owner, the word " owner " means any person or cor- 
 poration who, under the provisions of this Ordinance, would 
 be enabled to sell, and transport or convey, lands to the Com- 
 pany : 
 
 " The Company " means the Demerara Railway Company : 
 
 " The Deed of Settlement " means the Deed of Settlement for the 
 formation of the Company hereinbefore mentioned : 
 
 " The Secretary " means the Secretary of the Company, and 
 includes the word " clerk." 
 
 Incorporation of the Company. 
 
 3. The said Charles Cave and Michael M'Chlery, and others the Establishment 
 persons parties of the first and second parts to the Deed of Settle- ^}^^ "^'^°'lp°^'''" 
 ment, and all other parties who have already subscribed or may here- Dgmerara 
 after subscribe to the said undertaking, and their respective heirs, Railway 
 executors, administrators, and assigns, shall be united into a company Company. 
 for the purpose of making and maintaining the said Railway from 
 Georgetown to Mahaica respectively aforesaid, and if the said Com- 
 pany thinks fit (but not otherwise), extending or continuing the same 
 to any point or points in the said Colony beyond Georgetown and 
 Mahaica aforesaid, or either of those places, and making and maintain- 
 ing any lateral or branch railway or railways from the said Railway 
 from Georgetown to Mahaica, or from any extension or continuation 
 thereof, with all necessary and proper works and conveniences connected 
 therewith, and for that purpose shall be, and they are hereby, incor- 
 porated by the name of " The Demerara Railway Company," and by 
 that name shall be a body corporate, with perpetual succession and a 
 coumion seal, and shall have power to purchase and hold lands, within 
 the restrictions hereinafter contained, for the purposes of the said 
 undertaking, and also any boats, barges, ships, or vessels, in order the more 
 easily to carry and convey any passengers or goods from any part or 
 parts of the said Colony to such Railway or Railways. 
 
 4. — (1.) The Deed of Settlement (which said Deed of Settlement is. Confirmation 
 and is hereby declared to be, as set forth in the Schedule to this ggttlement. 
 Ordinance) and all the agreements, articles, and provisions therein con- Schedule, 
 tained (except Article 53, which is hereby disallowed) shall be, and the 
 same are hereby confirmed, and shall be of full force and ofiect. 
 
 (2.) The word " undertaking " in the Deed of Settlement means, 
 includes, and comprises the works, lands, buildings, messuages, tene- 
 ments, and hereditaments of any tenure, and all the carriages, machi- 
 nery, and appurtenances of the Company. 
 
 5. — (1.) Each printed copy of this Ordinance, purporting to be Proof of Deed 
 printed by the printers to the Government of the Colony, shall be of Settlement. 
 admitted as evidence of the Deed of Settlement by all Courts, Judges, 
 
 VOL. I, 11
 
 148 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Justices, and others, without any proof being given that such copy is 
 so printed, or that such copy is a true copy of the original Deed of 
 Settlement, or of any record thereof. 
 
 (2.) If any person whose duty or interest it may be to deny and 
 disprove the correctness of any such copy denies and takes upon 
 himself to disprove the correctness of such copy, he shall be permitted 
 to do so, and the proof of such incorrectness shall rest entirely upon 
 him. 
 
 Enforcement of 
 provisions of 
 Deed of 
 Settlement. 
 
 6. — (1.) All actions, suits, or other proceedings, acts, matters, and 
 things which might be brought, instituted, or done under or by virtue 
 of the Deed of Settlement or any covenant or provision therein con- 
 tained on behalf of the Company, or with reference to the said under- 
 taking, may be brought, instituted, or done by or on behalf of the 
 Con pany in its corporate name and capacity, and particularly pay- 
 ment of all subscriptions and calls upon or in respect of any share or 
 shares in the said undertaking, as provided by the said Deed, may be 
 so enforced by or on behalf of the Company, as well against the 
 several |)ersons parties thereto as against any other person or persons 
 who may for the time being be a shareholder or shareholders in the 
 Company. 
 
 (2.) Every person becoming a shareholder in the Company under 
 the provisions of the said Deed, although not a party thereto, shall be 
 bound by all the agreements and provisions therein contained in the 
 same manner as if he had actually executed the said Deed, or some 
 deed of accession thereto, immediately on becoming such shareholder. 
 
 (3.) In any action to be brought by or on behalf of the Company 
 against any shareholder to recover any money due for any call, it shall 
 be sufficient for the Company to declare or state that the defendant is 
 a shareholder of one or more shares in the Company (stating the 
 number of shares), and is indebted to the Company in the sum of 
 money to which the calls in arrear may amount in respect of one call 
 or more upon one share or more (stating the number and amount of 
 each of such calls), whereby an action has accrued to the Company by 
 virtue of this Ordinance and the Deed of Settlement. 
 
 Provision for 
 case of 
 
 interruption of 
 Railway by 
 bridges, etc. 
 
 7. Whereas the Colony is intersected by divers large rivers and 
 creeks, intercepting and breaking the communication by land from many 
 parts of the Colony to other parts thereof : Be it therefore enacted 
 that it shall be lawful for the Company, if it sees fit, to establish a 
 railway, commencing on the bank of the river or creek opposite to the 
 banks on or near to which any part of the Railway or Railways may 
 terminate or end, and to connect such railways by bridges, boats, or 
 vessels to be propelled by such power as may be deemed expedient by 
 the Company, and such railways, the communication between which 
 may be kept up by means of such bridges, boats, or vessels, shall be 
 considered and deemed to be one and the same Railway, subject to all 
 the rules, regulations, and provisions contained in this Ordinance. 
 
 Power to the 
 Company to 
 make and 
 maintain 
 Railway from 
 
 General Powers of the Company. 
 
 8. — (1.) It shall be lawful for the Company, and it is hereby em- 
 powered, to make and maintain a railway, with all proper works 
 and conveniences connected therewith, for the passage on such railway 
 of carriages properly constructed, that is to say, commencing at such
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 149 
 
 point in or near the City of Georgetown as may appear convenient to Georgetow-n to 
 the Company, and terminating at such point in or near Mahaica as ^^'''^*''^^- 
 may also appear convenient to the Company. 
 
 (2.) It shall also be lawful for the Company, and it is hereby 
 empowered, if and in case it thinks proper to do so, to extend or 
 continue the Railway to any point or points in the Colony beyond 
 Georgetown and Mahaica respectively aforesaid, or either of those 
 places, and to make and maintain any lateral or branch railway or 
 railways from the Railway between Georgetown and Mahaica, or from 
 any such extension or continuation thereof as aforesaid, with all such 
 proper works and conveniences as aforesaid connected with the said 
 extended or continued or branch railway or railways. 
 
 9. The Company shall have the exclusive right of railroad on the Exclusive right 
 Railway : Provided that the Company shall strictly and faithfully of road on 
 comply with and carry into effect all the provisions in this Ordinance ■^''"^'^y- 
 contained, which are or ought to be performed and fulfilled on the 
 part of the Company. 
 
 10. — (1.) It shall be lawful for the Company, and it is hereby Power to the 
 authorized, in the name of the Company or of such person or persons Company to 
 as it may for that purpose appoint, to contract and agree with any niaking of 
 person for making the Railway or any part thereof, or any other of Railway and 
 the works hereby authorized to be made or done by the Company. works. 
 
 (2.) Every such contract or agreement (being in writing) shall be 
 binding on the Company and all other parties thereto, their respective 
 successors, heirs, executors, administrators, and assigns ; and actions 
 and suits may be maintained thereon, and damages and costs re- 
 covered by or against the Company, or by or against any other party 
 failing in the execution thereof. 
 
 •'o 
 
 11. — (1.) For the purposes of this Ordinance, the Company, its Power to the 
 deputies, contractors, agents, servants, and workmen, and other per- Company to 
 sons by it authorized, shall be and they are hereby empowered from survev'and 
 time to time to enter in the daytime into and upon the lands of take and use 
 any person or persons whomsoever, according to the provisions and lands, etc, for 
 restrictions of this Ordinance, and to survey and take levels of the RaQwa^y°^ 
 same or any part thereof, and also to set out and appropriate such 
 parts thereof as the Company is by this Ordinance empowered to 
 take or use for the purposes of this Ordinance, and in or upon such 
 lands, or in or upon any lands adjoining thereto, to bore, dig, cut, 
 trench, embank, and sough, and to remove or lay, and also to use, 
 work, and manufacture, any earth, stone, rubbish, trees, gravel, or sand, 
 or any other materials or things whatsoever which may be dug or ob- 
 tained therein or otherwise in the execution of any of the powers of 
 this Ordinance, and which may be necessary or proper for making, 
 maintaining, altering, repairing, or using the Railway and other works 
 by this Ordinance authorized, or which may obstruct the making, 
 maintaining, altering, repairing or using the same respectively according 
 to the true intent and meaning of this Ordinance; and also, for the 
 purposes and according to the provisions and restrictions of this 
 Ordinance, to construct or make in, under, upon, across, or over the 
 Railway or other works by this Ordinance authorized, or over any 
 lands, or any roads, streets, dams, ways, lanes, or other public passages 
 or places, mills, valleys, rivers, canals, brook«, streams, or other waters 
 
 VOL. I. lU
 
 150 No. 2.J THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 whatsoever, such inclined planes, tunnels, embankments, bridges, arches, 
 piers, roads, ways, passages, conduits, drains, culverts, cuttings, and 
 fences, and also to erect and construct such houses, wharves, stellings, 
 warehouses, toll-houses, landing-places, engines and other buildings, 
 machinery, and apparatus and other works and conveniences as 
 the Company, or any person acting on its behalf in the execution 
 of all or any of the powers of this Ordinance, may think proper, 
 and also to alter the course of any rivers, not navigable canals, 
 trenches, brooks, streams, or watercourses if necessary, for con- 
 structing and maintaining tunnels, bridges, passages or other works 
 over or under the same, and to divert or alter, as well temporarily as 
 permanently, the course of any such rivers or streams of water, canals, 
 trenches, roads, streets, dams, or ways, or raise or sink the level of, or 
 widen any such rivers or streams, canals, trenches, roads, streets, dams, 
 or ways, in order the more conveniently and economically, as regards 
 the construction of the Railway, to carry the same over, under, or by 
 the side of the Railway, as they may think proper, and particularly to 
 divert any one or more of any such streams, canals, or trenches into 
 any other or others, so as that two or more of such streams, canals, or 
 trenches may thenceforth, for any distance on either side of the Rail- 
 way, form one stream, canal, or trench, and also to make canals, 
 water-courses, drains, trenches, or conduits, into, through, or under 
 any lands, for the purpose of bringing or conveying any passengers, 
 goods, animals, or carriages to or from the Railway, or conveying 
 water from or to the Railway, and also to erect and construct such 
 houses, warehouses, offices, and other buildings, yards, stations, stel- 
 lings, wharves, engines, machinery, and apparatus, and other works 
 and conveniences as they may think proper, and also from time to" 
 time to alter, repair, or discontinue the beforementioned works, or any 
 of them, and to substitute others in their stead, and to do and execute 
 all other matters and things necessary for making and maintaining, 
 altering, repairing, and using the Railway and other works by this 
 Ordinance authorised ; they, the Company, its deputies, contractors, 
 agents, servants, and workmen, doing as little damage as may be in 
 the execution of the several powers hereby granted to them ; and the 
 Company making recompense or satisfaction, hi manner hereinafter 
 mentioned, to all persons interested in any lands which may be taken, 
 used, or injured, for all damages to be by them sustained in or by the 
 execution of all or any of the powers hereby granted. 
 
 (2.) This Ordinance shall be sufficient to indemnify the Company 
 and all other persons whomsoever for what they or any of them may 
 do by virtue of the powers hereby granted, subject, nevertheless, to 
 such provisions and restrictions as are hereinafter mentioned and 
 contained. 
 
 Breadth of 12. The lands to be taken or used for the line of the Railway shall 
 
 EailvvaT ^^^ exceed one hundred yards in breadth, except in places where 
 
 a greater breadth may be judged necessary for an approach to the 
 Railway, or for carriages to turn, remain, or pass each other, or for 
 raising embankments for crossing valleys or low grounds, or in cut- 
 tings, and not above one hundred and fifty yards in any place, except 
 at the termini in or near Georgetown and Mahaica respectively, or 
 elsewhere, for stations, wharves, warehouses, and other buildings, 
 except with the consent in writing of the owners or occupiers of, or 
 persons interested in, any lands which the Company may be desirous
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 151 
 
 of appropriating, ia order to and for the purpose of obtaining greater 
 space for the purposes of this Ordinance. 
 
 1 3. The Company may make, at convenient distances along the Power to make 
 Railwciy, passing-places or turn-outs for the enabling of carriages passmg-places. 
 using the Railway to pass each other. 
 
 Acquisition of Lands. 
 
 14. After any lauds intended to be taken or used for the purposes Power to 
 
 of this Ordinance have been set out and ascertained, it shall be lawful parties under 
 for any such parties as hereinafter mentioned to sell and transport and transport^ 
 or convey the same to the Company, and to enter into all necessary or convey lands 
 agreements for that purpose, that is to say, all corporations, tenants ^^ *^® 
 for Jife or for any other partial or qualified estate or interest, married 
 women, guardians, committees or curators of lunatics and idiots, 
 trustees, executors, sequestrators of plantations, and administrators ; 
 and the power so to sell and transport or convey as aforesaid may 
 lawfully be exercised by all such parties, not only on behalf of them- 
 selves and their respective heirs, executors, administrators, and suc- 
 cess oi's, but also for and on behalf of every person entitled after them, 
 if incapacitated, unborn, or not to be found, and as to such married 
 women as if they were sole, and as to such guardians on behalf of 
 their wards, and as to such committees or curators on behalf of the 
 lunatics and idiots of whom they are the committees or curators, and 
 that to the same extent as such wives, wards, lunatics, and idiots 
 respectively could have exercised the same power under the authority 
 of this Ordinance if they had respectively been under no disability, 
 and as to such trustees, executors, sequestrators of plantations, and 
 administrators, on behalf of their cestuis que trusts, whether infants, 
 issue unborn, lunatics, femes covert, or other persons, and that to the 
 same extent as such cestuis que trusts respectively could have exer- 
 cised the same powers under the authority of this Ordinance if they 
 had respectively been under no disability. 
 
 15. The consideration to be paid for the purchase of any such Consideration 
 lands, or of any such estates, or of any interest therein, or for any for such lands. 
 damage done thereto, shall be in a gross sum. 
 
 16. The owners of any such lands, or of any such estate or interest Acceptance of 
 therein as aforesaid, and all parties by this Ordinance enabled to sell, compensation 
 and transport or convey, any such lands, may agree to accept, and, damage^to 
 subject to the restrictions in this Ordinance contained as to the pay- lands. 
 ment thereof, may accept, satisfaction for the value of such lands, or 
 
 of any such estates, or any interest therein, to which any party may 
 be entitled, and may in like manner accept compensation for any 
 damage by them sustained by reason of the severing or dividing of 
 such lands, or otherwise owing to the exercise of the powers of this 
 Ordinance. 
 
 17. With respect to the consideration money to be paid for any Ascertainment 
 lands to be purchased from any party under any disability or inca- °f,^j!|^g°J^+°* 
 pacity, and not having power to sell and transport or convey, except in case of 
 under the provisions in this Ordinance contained, and the compensa- parties nuder 
 tion money to be paid for any permanent damage or injury to any '*^ ^" 
 such lands : Be it enacted that such consideration money or compen-
 
 152 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Ascertainment 
 of amount of 
 compensation 
 in case of 
 absent parties. 
 
 Costs of 
 transport or 
 conveyance. 
 
 sation shall not, unless the same has been determined by assessors 
 under the provision hereinafter contained, be less than may be deter- 
 mined by the valuation of two valuators, one of whom shall be 
 nominated by the Company and the other by the other party, and, if 
 such valuators cannot agree in the valuation, then such third valuator 
 as any two Justices of the Peace, on the application of such two valu- 
 ators, may for that purpose appoint. 
 
 18. With respect to the compensation money to be paid for any 
 lands to be purchased from any party, who, by reason of absence or 
 from any other incapacity or accident, is prevented from treating 
 or cannot be found, and the compensation money to be paid for any 
 permanent injury to such lands : Be it enacted that such considera- 
 tion or compensation shall not be less than may be determined by the 
 valuation of the majority of such three valuators as two Justices may 
 nominate for that purpose. 
 
 19. With respect to the costs of the transport or conveyance of any 
 such lands purchased or taken by the Company : Be it enacted that 
 all such costs shall be borne by the Company, and such costs shall 
 include all charges and expenses, incurred on the part as well of the 
 seller as the pui'chaser, of all transports, conveyances, and assurances 
 of any such lands, and of or incident to the deducing, evidencing, and 
 verifying the title to such lands. 
 
 20. If the Company and the party entitled to any such costs do 
 not agree as to the amount thereof, such costs shall be ascertained by 
 taxation of the Taxing Officer of the Supreme Court ; and for that 
 purpose, either party may apply to such Taxing Officer, who shall 
 proceed to tax such costs accordingly, forty-eight hours' notice of 
 such taxation being given to the opposite party ; and, after taxation 
 thereof, in default of payment of the same, the same may be recovered in 
 manner and form as any other costs payable under this Ordinance may 
 be recovered. 
 
 Payment and 21, For the purpose of providing for the deposit and application of 
 
 application of the purchase money or compensation to be paid in respect of any 
 irarchase money g^^^ lands as may belong to parties under disability : Be it enacted 
 
 111 C(ISG 01 »/ o 1 •/ 
 
 piirties imder that if any such purchase money or compensation is payable in respect 
 disability. of any such lands, or of any interest therein, which any corporation, 
 
 tenant for life or for any other partial or qualified interest, married 
 woman, guardian, committee or curator of lunatic or idiot, trustee, 
 executor, sequestrator, administrator, or person under any disability 
 may be entitled to, and may, under the powers of this Ordinance, be 
 enabled to transport, convey, or dispose of the same, shall be paid 
 into the Registrar's Office for Demerara and Essequebo or for Berbice, 
 as the case may require, to an account there ex parte " The Demerara 
 Railway Company " ; and such money shall remain so deposited, 
 subject to the order or disposition of the Supreme Court, until the 
 same is applied to some one or more of the following pui'poses, that is 
 to say, — 
 
 (1.) In the discharge of any debt or incumbrance affecting the lands 
 in respect of which such money may have been paid ; or 
 
 (2.) In the purchase of other lands to be conveyed upon the like 
 trusts and purposes, and in the same manner, as the lands 
 
 Settlement 
 of costs of 
 transport or 
 conveyance 
 in case of 
 difference.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 153 
 
 in respect of which such money may have been paid stood 
 
 settled ; or 
 (3.) If such money is paid in respect of any buildings taken under 
 
 the authority of this Ordinance, in replacing such buildings or 
 
 substituting others in their stead, in such manner as the Court 
 
 may direct ; or 
 (4.) In payment to any party becoming absolutely entitled to such 
 
 money. 
 
 22. Such money may be so applied as aforesaid upon an order of Order for 
 the Court made on the petition of the party who would have been and^kive^tment 
 entitled to the rents and profits of the lands in respect of which such meanwhile, 
 money may have been deposited ; and, until the money can be so 
 
 applied, it may, upon the like order, be deposited or invested at in- 
 terest by the Registrar in such manner as may be directed by the 
 Court ; and the interests and annual proceeds thereof shall from time 
 to time be paid to the party who would for the time being have been 
 entitled to the rents and profits of the said lands, and the order for 
 such investment and application of the interest and annual proceeds 
 thereof may be made on the like petition. 
 
 23. For the purpose of providing for the payment and application Deposit of 
 
 in certain cases of the purchase money or compensation to be paid in w^grrparties^^ 
 respect of any such lands not belonging to parties under disability: refuse to convey 
 Be it enacted that in the following cases, that is to say, if the owner or do not 
 of any such lands, or of any interest therein, on tender of the pur- 
 chase money or compensation, either agreed or awarded to be paid, 
 refuses to accept the same, or if any such person fails to make out 
 a title to the lands in respect whereof such purchase money or com- 
 pensation may be payable, or to the interest therein claimed by him, 
 to the satisfaction of the Company, or if such owner cannot be found, 
 or is not known, or refuses to transport or convey such lands as 
 directed by the Company, it shall be lawful for the Company to deposit 
 the purchase money or compensation payable in respect of such lands, 
 or any interest therein, in the Registrar's Office for Demerara and 
 Essequebo or for Berbice, as the case may require, to be placed to his 
 account there to the credit of the parties interested in such lands 
 (describing them so far as the Company can do), subject to the control 
 and disposition of the Supreme Court, and a chart or diagram of such 
 lands, and to petition the Court, or the Chief Justice during non- 
 session, for authority on the Registrar, or any Sworn Clerk in his 
 Office, to pass and execute, under all the formalities i-equired by law, 
 a transport or conveyance of the said lands to and in favour of the 
 Company ; and the Court, or the Chief Justice during non-session, is 
 hereby authorized to grant such order in the pi-emises as may seem 
 fit ; and, on such authority being granted, such transport or convey- 
 ance shall be passed by the Registrar or a Sworn Clerk as aforesaid 
 in the usual and customary manner and form. 
 
 24. It shall not be lawful for any person or party whomsoever to Prohibition of 
 oppose the passing of any transport or conveyance to the Company of "P^g"j^\^*^f *° 
 any lands advertised to be transported or conveyed to the Company for transport, or 
 the objects and purposes mentioned in this Ordinance, provided the conveyance, if 
 Company, upon notice of any intended opposition, deposits in the p^^X^semoney 
 Office of the Registrar aforesaid ad opus jus habentiuni, the amount made. 
 
 of the purchase money agreed to be paid for, or the amount of the
 
 154 
 
 No. 2.] THE LA WS OF BRITISH QUI AN A : [A.D. 1846. 
 
 Application 
 of money 
 deposited. 
 
 Power to direct 
 investment or 
 payment of 
 money in 
 respect of 
 partial interest. 
 
 Costs in cases 
 of money 
 deposited. 
 
 Notice of 
 
 intention to 
 tuke lands. 
 
 valuation of any such lands, ascertained in manner and form herein 
 prescribed. 
 
 25. On the appHoation by petition of any party making claim to 
 any money so deposited as last aforesaid or any part thereof, or to the 
 lands purchased or taken by the Company, or any part thereof, or any 
 interest in the same, the Supreme Court may, in a summary way, as 
 to the Court may seem fit, order such money to be laid out or in- 
 vested, or may order distribution thereof or payment of the dividends 
 thereof according to the respective estates, titles or interests of the 
 parties making claim to such money or lands, or any part thereof, 
 and may make such other order in the premises as to the Court may 
 seem fit, 
 
 26. Where any purchase money or compensation paid into the 
 Office of the Registrar under the provisions of this Ordinance, has 
 been paid in respect of any estate in lands for the use and benefit of 
 parties having an interest therein not amounting to the absolute 
 ownership, it shall be lawful for the Court, on the petition of any 
 party interested in such money, to order that the same shall be laid 
 out, invested, accumulated, and paid in such manner as the Court 
 may consider will, give to the parties interested in such money, the 
 same benefit therefrom as they might have legally had from the estate 
 in respect of which such money may have been paid, or as near thereto 
 as may be. 
 
 27. The Court may in all such cases, except where money may have 
 been so deposited by reason of the wilful refusal of any party entitled 
 thereto to receive the same, or to transport or convey the lands in re- 
 spect whereof the same may be payable, order the costs of the follow- 
 ing matters, including therein all reasonable charges and expenses in- 
 cident thereto, to be paid by the Company, that is to say, the costs 
 of the purchase, or of the taking or using, of the lands, or which may 
 have been incurz'ed in consequence thereof, other than such costs as are 
 herein otherwise provided for, and the costs of the deposit or invest- 
 ment of such money and of the re-investment thereof in the purchase 
 of other lands, and also the costs of obtaining the proper orders for any 
 of the purposes aforesaid, and of the orders for the payment of the in- 
 terest and annual produce of such money, and for the payment out of 
 Court of the principal of such money and of all other proceedings re- 
 lating thereto, except such as may be occasioned by litigation between 
 adverse claimants. 
 
 28. — (1.) When the Company requires to purchase any of the lands 
 which by this Ordinance it is authorized to purchase or take, it shall 
 give notice thereof to all the parties interested in such lands, or enabled 
 by this Ordinance to sell and transport or convey the same, or such 
 of them as may be known to the Company or to its representatives in 
 this Colony, and by such notice shall demand from such parties the 
 particulars of their estate and interest in such lands and of the claims 
 made by them in respect thereof. 
 
 (2.) Every such notice shall be in writing, and shall state the 
 particulars of the lands so required, and shall state that the Company 
 is willing to treat for the purchase of the interest in such lands of the 
 party to whom the notice is addressed, and as to the compensation to
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 155 
 
 be made for the damage that may be sustained by reason of the making 
 of the Railway. 
 
 29. In cases of parties resident in this Colony, if, for one month Parties 
 after the giving of such notice, and in cases of parties absent from the "iterested in 
 Colony, if, for three months after the giving of such notice, any such to befaken to 
 party fails to state the particulars of his claim in respect of any such state their 
 lands, or to treat with the Company in respect of his interest therein, claims, 
 or if such party and the Company differ as to the amount of compen- 
 sation to Ije paid to such party for any such interest or for any 
 damage that may l)e sustained by him by reason of the making of 
 the Railway, the amount of such compensation shall be settled in 
 the manner hereinafter provided for settling cases of disputed com- 
 pensation. 
 
 30. — (1.) All notices required by this Ordinance, in every case in Sen-ice of 
 which any party may be unknown to the Company, or may be absent notice in case of 
 from the Colon}' and unrepresented therein, shall be advertised in The etcf" P«iw> 
 0[)icial, Gazette and one other newspaper of the Colony, and also in 
 The London Gazette, for one month jireviously to any measure being 
 taken in pursuance of any such notice ; and the advertisements of 
 every such notice in manner and form aforesaid shall be considered as 
 good and sufficient service of every such notice as if such notice had 
 been served personally upon the party to whom such notice purports 
 to be given. 
 
 (2.) The production of The Official Gazette or other newspaper as 
 aforesaid, and of The London Gazette, containing such notice, shall, 
 without further or other proof, be held by all Courts, Judges, and 
 Magistrates to be good and sufficient evidence of the advertisement of 
 such notice in all matters and causes whatsoever. 
 
 Disputes as to Compensation and Appointment of Assessors. 
 
 31. If any difference arises, or if no agree inent can be come to Settlement by 
 between the Company and the owners of any lands, or of any interest two Justices or 
 in any such lands, taken or required for, or injuriously aiiected by, the dispute as to 
 making of the Railway (including among such owners all parties by compensation, 
 this Ordinance enabled to sell, transport, or convey lands) as to the 
 value of such lands, or of any interest therein, or as to the compensa- 
 tion to be made in respect thereof, or if, by reason of absence and the 
 want of a representative in this Colony, any such owner is prevented 
 from treating, for or on account of, or if any such owner fails to dis- 
 close or prove his title to, any such lands, or any interest therein, or if, 
 by reason of any impediment or disability, any such owner is incap- 
 able of making any agreement or conveyance necessary for enabling the 
 Company to take such lands, or to proceed in making the Railway or 
 works, or if any such difference arises as to the amount of the damages 
 occasioned to any lands by the temporary occupation thereof in the 
 making of the Railway, or otherwise in exercise of the powers given 
 by this Ordinance, and for which any party may be entitled to demand 
 compensation according to the provisions of this Ordinance, the 
 amount of the compensation to be paid by the Company in every such 
 case shall be settled by two Justices of the Peace or by assessors, in 
 manner hereinafter mentioned.
 
 156 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Rule as to 
 mode of 
 settlement 
 according to 
 amount. 
 
 Giving of 
 notice Ly the 
 Company 
 before issuing 
 warrant for 
 assessors. 
 
 Method of 32. — (1.) It shall be lawful for any Justice of the Peace, on the 
 
 Justices for ^ application of either party with respect to any question, difference, or 
 settling dispute, matter in dispute authorized by this Ordinance to be settled by two 
 Justices, to summon the other party to appear before himself and 
 another Justice, or before any two other Justices, at a time and place 
 to be named in the summons, and, on the appearance of such parties, 
 or, in the absence of any of them, on proof of due service of the 
 summons, it shall be lawful for such Justices to hear and determine 
 any such question, difference, or matter in dispute, and for that pur- 
 pose to examine such parties, or any of them, and their witnesses upon 
 oath. 
 
 (2.) The costs of every such inquiry shall be in the discretion of 
 such Justices, and they shall determine the amount thereof. 
 
 33. If the compensation claimed in any of the cases hereinbefore 
 mentioned does not exceed two hundred and forty dollars, the same 
 shall be settled by two Justices of the Peace, and if the compensation 
 claimed in any of the cases hereinbefore mentioned exceeds two hun- 
 dred and forty dollars, the same shall be referred to assessors as here- 
 inafter mentioned. 
 
 34. — (1.) Where it is necessary to refer any question to the deter- 
 mination of assessors by reason of any difference as afoi'esaid, then, 
 one month at least before issuing its warrant for appointing assessors 
 as hereinafter provided, the Company shall give notice in writing to 
 the party with whom such difference may have arisen, or his repre- 
 sentatives in the Colony, of its intention to cause such assessors to be 
 appointed. 
 
 (2.) In such notice the Company shall state what sum of money 
 it is willing to give such party for his interest in such lands, and 
 for the damage to be sustained by him by the making of the Rail- 
 way. 
 
 35. — (1.) If any party who claims compensation to the amount of 
 two hundred and forty dollars and upwards in respect of any lands, 
 or of any interest therein, taken for or injuriously affected by the 
 making of the Railway desires the amount of such compensation to 
 be determined by assessors, it shall be lawful for such party to give 
 notice in writing to the Company of such his desire. 
 
 (2.) Such party shall in such notice state the nature of the in- 
 terest claimed by him in such lands, and the amount of the compen- 
 sation claimed by him in I'espect thereof ; and unless the Company 
 is willing to pay the amount of compensation so claimed, and enters 
 into a written agreement for that purpose, then, within twenty-one 
 days after the receipt of any such notice from any such party so 
 entitled, the Company shall issue its warrant to the Magistrate of the 
 District in which such lands are situated to summon assessors accord- 
 ingly in the manner herein mentioned. 
 
 Issue of warrant 36. — (1.) In every case in which any question of disputed compen- 
 for summoning gatiou is required to be determined by assessors, the Company shall 
 issue its warrant to the Magistrate of the District in which the 
 lands in question, or some part thereof, are or is situated, under its 
 common seal, and signed by the Secretary of the Company, requiring 
 him to summon assessors under the provisions of this Ordinance for 
 that purpose. 
 
 Requisition by 
 party claiming 
 compensation 
 to have 
 assessors 
 summoned. 
 
 assessors.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 157 
 
 (2.) If such Magistrate is interested in the matter in dispute by 
 being a shareholder of the Company or otherwise, such apphcation 
 shall be made to some disinterested Justice of the Peace of the said 
 District in which the lands, or some part thereof, are or is situated. 
 
 37. — (1.) On the receipt of such warrant, the Magistrate or Justice Summoning 
 
 of the Peace as the case may be, shall summon twelve disinterested °^ jurors for 
 
 ,. -^ ',, i-r?ii i • ■ assessors and 
 
 persons as assessors, being persons duly qualihed to act as jurors in selection of 
 
 the Supreme Court, its criminal jurisdiction, to meet at the time and assessors. 
 place named in the warrant for that purpose. '^^ 19 ofl893 
 
 (2.) Out of the persons appearing upon such summons, six disin- 
 terested persons shall be selected by the Magistrate or Justice, as the 
 case may be, as assessors, for the purpose of assessing such compen- 
 sation or damage as hereinafter mentioned. 
 
 (3.) Fourteen days' notice of the time and place of inquiry shall 
 be given in writing by the Company to the other party or his repre- 
 sentative in this Colony. 
 
 38. — (1.) The Magistrate or Justice of the Peace, as the case may Conduct of 
 be, shall preside on the said inquiry, and the party claiming compen- "^I'^'T- 
 sation shall be deemed the plauitiif, and shall have all such rights and 
 privileges as the plaintiff is entitled to in the trial of an action at 
 law in this Colony. 
 
 (2.) If either party so requests in writing, the Magistrate or Jus- 
 tice, as the case may be, shall summon before hiui any person con- 
 sidered necessary to be examined as a witness touching the matters 
 in question, and, on the like request, the Magistrate or Justice shall 
 order the assessors, or any three or more of them, to view the place or 
 matter in controversy. 
 
 (3.) Before the assessors proceed to inquire of and assess the 
 compensation or damage in respect of which their decision is to be 
 given, they shall make oath that they will truly and faithfully in- 
 quire of and assess such compensation or damage, and the Magistrate 
 or Justice shall administer such oaths, as well as the oaths of all per- 
 sons called upon to give evidence. 
 
 39. The assessors shall deliver their decision for the sum of money Rules of 
 to be paid for the purchase of the lands required for the Railway, or assessment 
 of any interest therein, belonging to the party with whom such ques- o* P^i'^'^'^se 
 tion of disputed compensation has so arisen, and also the sum of compensation 
 money to be paid for the injury done to the lands of any such party ^o"" damage, 
 by the severance from such lands of the lands required by the Com- 
 pany, and also the sum of money to be paid by way of compensation 
 
 for the damage occasioned to any such lands by the execution of the 
 works, whether it be for damage sustained before the time of the 
 inquiry, or for future damage, either temporary or permanent, or for 
 any recurring damage, of which the cause is then only in part obviated, 
 and which cannot or will not be further obviated by the Company ; 
 and the sums of money to be paid for the injury done by any such 
 severance as aforesaid, or by way of compensation for any such damage 
 as aforesaid, shall in every case be assessed separately from the value 
 of the lands, or the sum to be paid for the purchase thereof or of 
 any interest therein. 
 
 40. In assessing the sum of money to be paid for the purchase Deduction of 
 of any such lands, the value of any interest in such lands wliich may ^aluf "^ "'terest 
 
 purchased.
 
 158 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Recording and 
 effect of 
 decision and 
 judgment. 
 
 Rule as to 
 apportionment 
 of costs of 
 inquiry. 
 
 Particulars 
 of costs. 
 
 Payment 
 of costs. 
 
 No power to 
 require sale of 
 part of lot, etc. 
 
 have been theretofore rightfully purchased by the Company shall be 
 first deducted, 
 
 41. — (1.) The Magistrate or Justice of the Peace, as the case may 
 be, before whom such inquiry may be held shall give decision and 
 judgment for the purchase money or compensation assessed by such 
 assessors, and the decision and judgment shall be signed by the Magis- 
 trate or Justice, and, when so signed, shall be deposited and kept in 
 the Office of the Registrar for Demerara and Essequebo or for Berbice, 
 as the case may require. 
 
 (2.) Every such decision and judgment shall be deemed a recoi'd, 
 and the same, or true copies thereof, shall be good evidence in all 
 Courts and elsewhere. 
 
 (3.) All persons may inspect the said decisions and judgments, 
 and may have copies thereof or extracts therefrom, on paying re- 
 spectively the fees payable to the Registrar for inspection of records 
 and for copies of or exti'acts therefrom. 
 
 42. On every such inquiry before assessors, where the decision of 
 the assessors is given for the same or a greater sum than the sum 
 previously offered by the Company, all the costs of such inquiry shall 
 be borne by the Company ; but if puch decision is given for a less 
 sum than the sum previously offered by the Company, one-half of the 
 costs shall be defrayed by the owner of the lands and the other half 
 by the Company : Provided always that in every case where, by reason 
 of any disability, the owner of the lands has been prevented from treat- 
 ing with the Company, all the costs shall be borne by the Company. 
 
 43. Such costs shall be determined by the Magistrate or Justice 
 of the Peace, as the case may be, who may preside at such inquiry ; 
 and such costs shall include all reasonable costs, charges, and expenses 
 incurred in summoning assessors, making the inquiry, the attendance 
 of witnesses, the employment of counsel, recording the decision and 
 judgment, and otherwise incident to such inquiry. 
 
 44. With respect to any such costs payable by the Company, if, 
 within seven days after demand, such costs are not paid to the party 
 entitled to receive the same, the same shall be recoverable by distress, 
 and, on apphcation to any Justice of the Peace, he shall give his 
 warrant accordingly ; and with respect to any such costs payable by 
 the owner of the lands, or of any interest therein, the same may be 
 deducted out of any money awarded by the assessors to be paid to 
 such owner, and the payment of the remainder of such money shall 
 Ije a good payment and satisfaction of the whole thereof. 
 
 45. No party shall at any time be required to sell and transport or 
 convey to the Company a part only of any lot of laud the extent of 
 which does not exceed one-fourth of an acre, or of any house or other 
 building, if such party is wilhng to sell and transport or convey the 
 whole thereof. 
 
 Lands subject to Mortgage. 
 
 Power to 4i6. — (1.) Whenever the Company purchases or takes possession of 
 
 deposit any land subject to or under mortgage, or any part thereof, and 
 
 purchase money there arises any difference between the mortfiaKor of such lauds and 
 or compensa- , , •' , „ ^ i • i ,. i ■ , • i i ^ .. i 
 
 tion in order the mortgagee thereof, as to winch of them is entitled to receive the 
 
 to obtain purchase money of or compensation for the same, and such differ-
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 159 
 
 ence is not satisfactorily settled between such mortgagor and mort- transport <jr 
 gagee, it shall be lawful for the Company to deposit in the Office of ^'*gt'd liuid'r 
 the Registrar aforesaid the amount of such purchase money or com- 
 pensation. 
 
 (2.) In the event of the mortgagee failing to release his interest 
 in, or the mortgagor refusing or neglecting to pass and execute to 
 and in favour of the Company a transport or conveyance of, such 
 lands witliiri two months after such deposit, it shall be lawful for 
 the Company to petition the Supreme Court, in manner hereinbefore 
 mentioned for authority on a Sworn Clerk to pass, in manner and 
 form prescribed by law, the necessary transport or conveyance of 
 such mortgaged lands to and in favour of the Company ; and the 
 Court, if it sees fit, shall grant such petition, and shall award to the 
 Company the cost of such application, and shall order payment of 
 such costs to be made by the Registrar out of the money deposited as 
 last aforesaid. 
 
 (3.) On the passing of such transport or conveyance, such lands 
 shall become absolutely vested in the Company, and it shall be en- 
 titled to immediate possession thereof ; but, nevertheless, all rights 
 and remedies possessed by the mortgagee against the mortgagor by 
 virtue of the mortgage, or of any bond or covenant or other obligation, 
 shall remain in force in respect of so much of the mortgage debt as 
 may not have been satisfied by such deposit. 
 
 Lands subject to Lease. 
 
 47. — (1.) If any lands are comprised in a lease for a term of years Apportionment 
 unexpired or for a life or lives, part only of which lands is required for °[^j!^'^"jjy^o'f^ 
 the purposes of this Ordinance, the rent payable in respect of the lands under 
 premises comprised in such lease shall be apportioned between the part lease taken. 
 so required and the residue of such premises. 
 
 (2.) Such apportionment may be settled by agreement between 
 the lessor and lessee of such lands on the one part and the Company 
 on the other part ; and, if such apportionment is not so settled by 
 agreement between the parties, such apportionment shall be settled by 
 two Justices of the Peace in manner and form aforesaid. 
 
 (3.) After such apportionment, the lessee of such lands shall, as to 
 all future accruing rent, be liable only for so much of the rent as may 
 be apportioned in respect of the part not required for the purposes of 
 this Ordinance, and the lessor shall have all the same rights and 
 remedies for the recovery of such rent as, previously to such apportion- 
 ment, he had for the recovery of the whole rent reserved by such lease ; 
 and all the covenants, agreements, and conditions of such lease, except as 
 to the amount of rent to be paid, shall remain in force with regard to that 
 part of the premises which may not be required for the purposes of this 
 Ordinance, in the same manner as they would have been in case such 
 part only of the premises had been included in the lease. 
 
 48. Every such lessee as last aforesaid shall be entitled to receive Compensation 
 from the Company compeuvsation for the damage done to him in his to lessee. 
 tenancy by reason of the severance of the lands required from those 
 
 not required, or otherwise by reason of the execution of any such 
 works. 
 
 49. If any such lands are in the possession of any person having no Delivery of 
 greater interest therein than as tenant at will for a year or from year possession by
 
 160 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 tenant at will 
 or from year to 
 year, after 
 notice. 
 
 to year, then, at the expiration of six months after receiving notice to 
 that effect from the Company or at any other time when required after 
 the expiration of such period, such person shall deliver up to the Com- 
 pany, or to any person appointed by it to take possession thereof, any 
 such lands in his possession required for the purposes of this Ordinance ; 
 and any such notice shall be effectual whether it is given with reference 
 to the time of the commencement of such tenant's holding or not, and 
 whether such notice is given before or after the purchase of such lands 
 by the Company. 
 
 Compensation 
 to such tenant. 
 
 Production of 
 lease in 
 certain cases. 
 
 50. If any such person as last aforesaid is required to give up 
 possession of any lands so occupied by him before the expiration of his 
 term or interest therein, he shall be entitled to compensation for 
 the value of his unexpired term or interest in such lands or, if a part 
 only of such lands is required, compensation for the damage done to 
 him in his tenancy by the severance of the lands required from those 
 not required ; and the amount of such compensation shall be deter- 
 mined by two Justices of the Peace, in case the parties differ about 
 the same. 
 
 51. If any party claims compensation in respect of any unexpired 
 term or interest under any lease or grant of any such lands, the 
 Company may require such party to produce the lease or grant in 
 respect of which such claim may be made or the best evidence thereof 
 in his power, and if, after demand made in writing by the Company 
 such lease or grant, or the best evidence thereof, is not produced 
 within a reasonable time, the party so claiming compensation shall be 
 considered as a tenant holding only from year to year, and be entitled 
 to compensation accordingly. 
 
 52. The powers of the Company for the compulsory purchase or 
 taking of lands for the purposes of this Ordinance shall not be exer- 
 cised after the expiration of five years from the commencement of this 
 Ordinance. 
 
 Lands acquired hy the Company hut not required for purposes 
 
 of their Undertaking. 
 
 53. The Company may and shall sell all such lands as may have 
 been acquired by it under the provisions of this Ordinance, but which 
 may not be required by it for the purposes thereof, as it may deem 
 most advantageous, and convey the same to the purchasers thereof by 
 transport passed by any person authorized thereto by and under the 
 common seal of the Company ; and a receipt by an agent of the Com- 
 pany so appointed under its common seal shall be a sufficient discharge 
 to the purchaser of any such lands for the purchase money in such 
 receipt expressed to be received. 
 
 Taking of Lands for additional Stations, etc. 
 
 Other purposes 54. — (1.) It shall be lawful for the Company, in addition to the 
 for which lands j^nds authorized to be compulsorilv taken bv it as aforesaid, to con- 
 tract with any party willing to sell the same for the purchase of any 
 lands for any of the following purposes, that is to say, — 
 
 (a.) For the purpose of making and providing additional stations, 
 yards, wharves, stellings, and places for the accommodation 
 
 Limitation of 
 time for 
 exercise of 
 compulsory 
 powers of 
 purchase. 
 
 Sale of super- 
 fluous lands.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 161 
 
 of passengers, and for receiving, depositing, and loading or 
 unloading goods or cattle to be conveyed upon the Railway 
 or along any canals constructed by the Company under 
 the powers of this Ordinance, and for the erection of weighing 
 machines, toll-houses, offices, warehouses, and other buildings 
 and conveniences ; or 
 
 (b.) For the purpose of making convenient roads or ways to the 
 Railway ; or 
 
 (c.) For any other purpose which may . be requisite or con- 
 venient for the formation or use of the Railway, or for 
 the general promotion of the objects of the Company in 
 connexion with the said undertaking or the works by this 
 Ordinance authorized to be made. 
 
 (2.) It shall be lawful for all parties who, under the provisions 
 hereinbefore contained, would be enabled to sell and transport or 
 convey lands requii-ed for the Railway, to sell and transport or convey 
 such lands required for any such additional purposes as aforesaid. 
 
 55. It shall be lawful for the Company to sell and transport or Power to the 
 
 convey the additional lands which it at any time may have so acquired, Company to 
 
 or any part thereof, in such manner, and for such considerations, and additional 
 
 to such persons as the Company may think fit, and again to purchase lands, 
 other lands for the like purposes, and afterwards sell and transport or 
 convey the same, and so from time to time. 
 
 Power to the 
 Company to 
 occupy tem- 
 jjorarily private 
 roads and lands 
 within certain 
 distance from 
 Railway. 
 
 Temporary Occupation of Lands near Railway during 
 
 Construction thereof. 
 
 56. — (1.) Subject to the provisions herein contained, it shall be 
 lawful for the Company, at any time before the expiration of the 
 period by this Ordinance limited for the completion of the Railway, 
 without making any previous payment, tender, or deposit, to enter 
 upon and use any existing private roads, not being more than five 
 hundred yards distant from the centre of the Railway, and also to 
 enter upon any lands, not being more than two hundred and fifty 
 yards distant from the centre of the Railway, and to occupy the said 
 lands during the construction or repair of the Railway, and to use the 
 same for any of the following purposes, that is to say,— 
 
 (a.) For the purpose of taking earth or soil by side cuttings 
 
 therefrom ; or 
 (6.) For the purpose of obtaining materials therefrom for the 
 
 formation of the Railway ; or 
 (c.) For the purpose of forming roads thereon to or from the 
 
 Railway. 
 
 (2.) In the exercise of the powers aforesaid, it shall be lawful for 
 the Company to deposit, and also to manufacture and work, upon such 
 lands materials of every kind used in constructing the Railway, and 
 also to dig and take from out of any such lands any clay, stone, gravel, 
 sand, or other things that may be found therein useful or proper for 
 constructing the Railway or any such roads as aforesaid. 
 
 57. — (1.) In case any such lands are required for spoil banks, or for Giving notice 
 side cuttings, or for obtaining materials for the construction or repair p"e'\'ious"to'**^^ 
 of the Railway, the Company shall, before entering thereon (except in taking
 
 162 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 temporary 
 possession of 
 lancis. 
 
 Separation of 
 lands taken 
 from adjoining 
 lands. 
 
 Right of owner 
 of lands 
 temporarily 
 occupied to 
 require pur- 
 chase thereof. 
 
 Compensation 
 to be made for 
 temporary 
 occupation of 
 lands. 
 
 the case of accidents to the Railway requiring immediate reparation), 
 give six weeks' notice in writing to the owners or their representatives 
 in this Colony, and to the occupiers, of such lands of their intention 
 to enter upon the same for such purposes ; and in case the said lands 
 are required for any of the other purposes hereinbefore mentioned, the 
 Company shall (except in the case aforesaid) give ten days' like notice 
 thereof. 
 
 (2.) The Company shall, in any such notice, state the substance 
 of the provisions herein contained respecting the right of such owner 
 or occupier to require the Company to purchase any such lands or to 
 receive compensation for the temporary occupation thereof, as the case 
 may be. 
 
 58. Before the Company uses any such lands for the purposes 
 aforesaid, it shall, if required to do so by the owner or occupier there- 
 of, separate the same by a sufficient fence from the lands adjoining 
 thereto. 
 
 59. — (1.) Where the Company, in the exercise of the powers afore- 
 said, enters upon any lands for the purpose of making spoil banks or 
 side cuttings thereon, or for obtaining materials for the construction 
 or repair of the Railway therefrom, it shall be lawful for the owners 
 or occupiers of such lands, having such estate or interest therein as, 
 under the provisions hereinbefore mentioned, would enable them to 
 sell and transport or convey lands to the Company, at any time during 
 the possession of any such lands by the Company, and before such 
 owners or occupiers have accepted compensation from the Company 
 in respect of such temporary occupation, to serve a notice in writing 
 on the Company requiring it to purchase the said lands or their estates 
 and interests therein respectively. 
 
 (2.) In such notice such owners or occupiers shall set forth the 
 particulars of their estate or interest in such lands, and the amount of 
 their claim in respect thereof, and the Company shall thereupon be 
 bound to purchase the said lands or the estate and interest therein of 
 the parties serving such notice. 
 
 (3.) The value of such lands and the compensation, payable 
 therefor to such owners and occupiers, shall, in case of difference, 
 be determined as in other cases of disputed compensation under this 
 Ordinance. 
 
 60. — (1.) In any of the cases aforesaid, where the Company is not 
 required to purchase such lands, and in all other cases where they 
 take temporary possession of lands by virtue of the powers herein 
 granted, it shall be incumbent on the Company within one month 
 after its entry upon such lands, on being required to do so, to pay 
 to the occupier of the said lands the value of any crop or dressing 
 that may be thereon, and to agree with the owner or occupier thereof 
 for the payment of an annual sum by way of rent during the occupation 
 thereof, and also, within six months after it has ceased to occupy the 
 said lands, and not later than six calendar months after the expiration 
 of the time by this Ordinance limited for the completion of the Railway, 
 to pay to such owner and occupier compensation for any permanent 
 damage or injury that may have been done to the said lands in the 
 exercise of the powers hereinbefore granted. 
 
 (2.) The amount of any such permanent damage shall, in case of 
 difference, be determined as in other cases of disputed compensation 
 
 I
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 163 
 
 under this Ordinance ; and the value of any crop or dressing which 
 may be on the said lands, and the rent payable in respect thereof 
 during the possession of the Company, whatever the amount of claim 
 in respect of the same may be, shall, in case of difference, be determined 
 as other cases of disputed compensation under two hundred and forty 
 dollars are appointed to be determined under this Ordinance. 
 
 Crossing of Roads, etc. 
 
 61. Every bridge to be erected for the purpose of carrying the 
 Railway over any road shall be built in conformity with the following 
 regulations, that is to say, — 
 
 (1.) The width of the arch shall be such as to leave thereunder a 
 clear space of not less than twenty-five feet, if the arch^' is over 
 a public carriage road, and of twelve feet, if over a private 
 
 carnage 
 
 road 
 
 (2.) The clear height of the arch from the surface of the road shall 
 
 not be less than fifteen feet for a space of ten feet, if the arch is 
 
 over a public carriage road ; and in such case the clear height at the 
 
 springing of the arch shall not be less than twelve feet ; 
 
 (3.) The clear height of the arch for a space of nine feet shall not be 
 
 less than fourteen feet over a private carriage road ; and" 
 (4.) The descent under the bridge shall not exceed one foot in twenty 
 feet, if the bridge is over a puVilic carriage road, and one foot in 
 sixteen feet, if over a private carriage road ; 
 or in conformity with such other regulations as the persons having the 
 management of such roads may, in pursuance of authority from the 
 Grovernor-in-Council, from time to time allow. 
 
 Regulations as 
 to constniction 
 of Railw ay 
 bridges over 
 roads. 
 
 62. Every bridge erected for carrying any road over the Railway 
 shall be built in conformity with the following regulations, that is 
 to say, — 
 
 (1.) There shall be a good and sufficient fence on each side of the 
 
 bridge of not less height than four feet : 
 (2.) The road over the bridge shall have a clear space between the 
 
 fences thereof of twenty-five feet, if the road is a public carriage 
 
 road, and twelve feet, if a private carriage road ; and 
 (3.) The ascent shall not be more than one foot in twenty feet, if the 
 
 road is a public carriage road, and one foot in sixteen feet, if it 
 
 is a private carriage road ; 
 
 or in conformity with such other regulations as the persons having 
 the management of such roads may, in pursuance of authority from 
 the Governor- in Council, from time to time sanction and allow. 
 
 63. — (1.) If, in the exercise of the powers granted by this Ordin- 
 ance, any part of any road, either public or private, is found neces- 
 sary to be gf'ne across, cut through raised, sunk or taken, so that it 
 will be so much injured thereby as to be impassable for or dangerous 
 to travellers, passengers, or carriages, or for or to the persons entitled 
 to the use thereof, or any dam to be cut through or injured, the 
 Company shall, before the commencement of any such o])erations, 
 cause a sufficient road or dam to be made instead of the road or dam 
 to be interfered with, and such substituted road or dam shall, at the 
 expense of the Companv, be made and maintained in a state as 
 
 VOL. u 12 
 
 Regulations as 
 to construction 
 of bridges over 
 Railway. 
 
 Making of new 
 road before 
 existing road 
 interfered witli.
 
 164 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 convenient or efficient as the road or dam so interfered with, or as nearly 
 so as can be : Provided always that where there are more than one 
 road or approach to any plantation, estate, or lands, the whole of 
 which roads or approaches it is found necessary to be gone across, cut 
 through, raised, sunk, or taken, so that t^^ will be so much injured 
 thereby as to be impassable for or dangero^ to travellers, passengers, 
 or carriages, or for or to the persons entitled to the use thereof, it 
 shall not be incumbent or obligatory upon the Company to cause 
 more or other than one sufficient road or approach to be made and 
 maintained instead of the roads and approaches to be interfered 
 with. 
 
 (2.) If the Company does not cause another sufficient road or 
 dam to be so made before it interferes with any such existing road 
 or dam as aforesaid, it shall forfeit ninety-six dollars for every day 
 during which such substituted road or dam is not made after the 
 existing road or dam has been interrupted or injured. 
 
 Period for 
 substitution 
 or restoration 
 of road. 
 
 0>jligation on 
 the Company 
 t'l repair road 
 used or 
 
 interfered with 
 by them. 
 
 64. — (1.) If such former road or dam cannot be restored compatibly 
 with the formation and use of the Railway, the Company shall cause 
 such new road or dam to be put into a permanently substantial con- 
 dition equally convenient as the road or dam for which the same is 
 substituted. 
 
 (2.) If such former road or dam can be restored compatibly with 
 the use and formation of the Railway, such restoration shall be made, 
 and the former road or dam shall he lestored, or the substituted road 
 or dam shall be put into such condition as aforesaid, as the case may 
 be, within twelve months after the first operation on the former road 
 or dam may have been commenced, unless the persons having charge 
 of the road or dam to be restored, by writing under their hands, consent 
 to an extension of the period, and in such case within such extended 
 period. 
 
 (3.) If any such road or dam is not restored, or the substituted 
 road or dam is not completed within the period hereinbefore fixed for 
 that purpo=;e, the Company shall forfeit twenty-four dollars for every 
 day after the expiration of the period during which such road or dam 
 is not so restored, or the substituted road or dam is not completed in 
 such condition as aforesaid. 
 
 (4.) Every .such penalty shall be sued for and recoverable by the 
 Attorney General by action in any Court of competent jurisdiction. 
 
 65.— (1.) If, in the course of making the Railway, the Company 
 uses or interferes with any rrad or dam, whether public or private, it 
 shall maintain the same in as good a state of repair as such road or 
 dam was in at the time when the Company began to use the same, and 
 shall leave the same in such state of repair at the conclusion of its use 
 thereof ; and if any difference arises as to the state of any such road or 
 dam, either Ijefore or after the use thereof by the Company, the ques- 
 tion shall l)e referred to the determination of two Justices, and such 
 Justices may direct such improvements or repairs to be made in the 
 state of such road or dam, and within such peiiod as they may think 
 reasonable, and may impose on the Company not carrying into etfect 
 such improvements or repairs any penalty not exceeding twenty-four 
 dollars per day, as to such Justices may seem just. 
 
 (2.) If the Company neglects to commence such works within the 
 time appointed by such Justices in that behalf, it shall forfeit twenty-
 
 A.D. 1846.] DEMERAEA RAILWAY COMPANY. [No. 2. 165 
 
 four dollars for every day during which it does not so commence, or if, 
 having commenced, it does not continue from day to day fluly to execute 
 sucli works till the completion thereof, it shall forfeit twenty-four 
 dollars for every day during which it does not so proceed in the execu- 
 tion of such works ; and if the Company does not complete such works 
 within the time in that behalf appointed by such Justices, it shall 
 forfeit twenty-four dollars for every dfiy during which such works 
 remain incomplete beyond the time so appointed for their completion. 
 
 (3.) Every such penalty shall be recoverable by and in the name 
 of the Attorney General by action as aforesaid. 
 
 66. The Company shall make convenient ascents and descents, where Provision of 
 required, for every footway crossed by the Railway. ^^j. foo'twav. 
 
 67. With respect to the making and repairing of public roads and ^j^g^Q^^'^gj"^ 
 highways, and roads, dams, bridges, or other public works, the Com- from expense of 
 pany, as proprietors of lands taken for the purposes of the Railway, making and 
 shall not be deemed proprietors of lands within the meaning of any 3!ii"roads 
 Ordinance by which the expense of making or repairing of such public etc. 
 
 roads and highways, and roads, dams, bridges, or other public works, is 
 directed to be borne by proprietors of lands, but the Company shall at 
 all times hereafter be exempt from all such expenses or any contribution 
 thereto. 
 
 Works for Accommodation of Lands adjoining Railway. 
 
 68. After any part of the Railway has been formed and during the Making of 
 construction thereof, the Company shall make the following works at acTommodation 
 the times hereinafter mentioned, that is to say, — of lands 
 
 (1.) Such and so many convenient gates upon or adjoining the Railway. 
 Railway as may be necessary for the purpose of making good any 
 interruptions caused by the Railway to the use of the lands 
 through which the Railway may be made, and protecting such 
 lands from trespass or the cattle of the owners or occupiers 
 thereof from straying thereout by reason of the Railway ; and 
 also such and so many bridges, arches, hollows, culverts, fences, 
 trenches, ditches, drains, and passages over, under, or by the sides 
 of, or leading to or from, the Railway as may be necessary for the 
 above purposes ; and such works shall be made forthwith after 
 the part of the Railway passing over such lands has been laid out 
 or formed ; 
 
 (2.) Sufficient posts, rails, hedges, trenches, ditches, mounds or other 
 fences for separating the lands taken for the use of the Railway 
 from the adjoining lands not taken, with all necessary gates made 
 to open towards such adjoining lands and not towards the Rail- 
 way, and all necessary stiles; and such works shall be made 
 forthwith after the taking of any such lands, if the owners thereof 
 so require ; 
 
 (3.) All necessary arches, tunnels, culverts, drains, trenches, or other 
 passages, either over or under or by the sides of the Railway, of 
 such breadth, depth, and dimensions as will be sufficient at all 
 times to convey the water as clearly fiom the lands lying near to 
 the Railway as before the making of the Railway, and such works 
 shall be made from time to time ; and 
 
 (4.) Proper watering-places for cattle, where, by reason of the Rail- 
 way, the cattle of any person occupying any lands lying near 
 VOL. I. 1?A
 
 166 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 thereto are deprived of access to their former watering-places ; 
 and such watering places shall be so made as to be at all times as 
 sufficiently supplied with water as theretofore, and as if the Rail- 
 way had not been made ; and for that purpose the Company shall 
 make water-courses, drains, or trenches by the side of, along, or 
 under the Railway, or in, through, or over, or across any lands 
 adjoining thereto, of sufficient number and dimensions, and in a 
 sufficient manner, and with proper and convenient bridges over, 
 and tunnels under, the same respectively, for the purpose of con- 
 veying water to the said watering-places : 
 
 Provided always that it shall be lawful for the Company to make 
 such accommodation works in such a manner as will not prevent or 
 obstruct the working or using of the Railway. 
 
 Cost and 
 maintenance 
 of accommo- 
 dation works. 
 
 Settlement of 
 difference as to 
 accommodation 
 works. 
 
 Power to 
 execute accom- 
 modation 
 works ordered 
 in case of 
 default by the 
 Company. 
 
 69. — (1.) AH accommodation works to be made as aforesaid shall 
 be made at the expense of the Company, and at all times thereafter 
 the Company shall, at its own expense, maintain in sufficient repair, 
 and in proper condition, the works so made by it. 
 
 (2.) For the purpose of enabling the Company to execute such 
 works, and to keep them in repair, it shall be lawful for the Company, 
 according to the provision hereinbefore contained respecting the tem- 
 porary occupation of lands by the Company, its agents or workmen, 
 to enter into any lands adjoining or near to the Railway, and load and 
 carry the requisite materials in carts and otherwise upon and over 
 such lands, doing as little damage as can be, and making full compen- 
 sation for any damage done to the owner or occupier of such lands. 
 
 70. If any difference arises respecting the kind of any such accom- 
 modation w^orks required, or the number of each kind, or the dimen- 
 sions of the works, or the manner of executing them, or respecting the 
 maintaining thereof, the same shall be determined by two Justices, 
 on the application of any owner or occupier of any lands intersected 
 or otherwise affected by the Railway, or of any other person having 
 a right of way interrupted thereby, and such Justices shall also 
 appoint the time within which such works shall be executed by the 
 Company. 
 
 71. — (1.) If, for fourteen days next after the time appointed by such 
 Justices for the execution or repair, as the case may be, of any such 
 accommodation works, the Company fails to execute or repair, as the 
 case may be, such accommodation works, it shall be lawful for the 
 owners or occupiers of the adjoining lands who may be aggrieved by 
 such failure themselves to execute such works or repairs, and the 
 reasonable expenses of executing or repairing such accommodation 
 works shall be repaid by the Company to the owners or occupiers by 
 whom the same may have been executed or repaired. 
 
 (2.) If there is any dispute about such expenses, the same shall 
 be settled by two Justices, and if such expenses are not repaid within 
 five days after the same have been settled by such Justices, and after 
 an account thereof has been delivered to the Company, and demand 
 thereof made upon the Company, the same may be levied by distress, 
 and such Justices shall issue their warrants for that purpose ac- 
 cordingly : Provided always 'that no such owner or occupier shall 
 obstruct or injure the railway, or any of the works connected there- 
 with, for a longer time, or use them in any other manner, than is un-
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 167 
 
 avoidably necessary for the execution or repair of such accommoda- 
 tion works. 
 
 72. — (1.) If any owner or occupier of lands affected by the Railway Power to owner 
 considers the accommodation works made by the Company, or directed J"" °^'^^^}'^^ °^ 
 by such Justices to be made by tlie Company, insufficient for the com- t',j maicV 
 modious use of such lands, it shall 1)H lawful for such owner or occu- additiomil ac- 
 pier to make works for that purpose, but such works shall not be ^"q'^"*^''^'''^ 
 executed without the consent of the Company, or, if such consent is 
 withheld, without the authority of two Justices. 
 
 (2.) For the purpose of obtaining such consent, such owner or occu- 
 pier shall make a request in writing to the Company, and, if the Com- 
 pany refuses, or for ten days after such request, delays to give such 
 consent, it shall be lawful for such owner or occupier to make appHca- 
 tion to such Justices, and thereupon, after hearing the Company, or 
 without hearing, if no person attends on its behalf after notice for that 
 purpose, such Justices may either give or withhold their authority for 
 such works being made, as they may think fit. 
 
 (3.) If the Company so desires all such last-mentioned works 
 shall be constructed under the superintendence of its engineer, and 
 according to plans and specifications to be submitted to and approved 
 by such engineer : Provided, nevertheless, that the Company shall not 
 be entitled to require either that plans should he adopted which would 
 involve a greater expense than that incurred in the execution of 
 similar works by the Company, or that the plans selected should be 
 executed in a more expensive manner than that adopted in similar 
 cases by the Company. 
 
 73. If, on the application of the owner or occupier of lands to Costs of 
 any two Justices respecting the execution of any such accommodation application to 
 
 • J 11S11C6S 
 
 works, such Justices decide in favour of such owner or occupier, they 
 may also award such reasonable costs to such owner or his represen- 
 tative in this Colony, or to such occupier, for his loss of time, trouble, 
 and expense in making such application as to such Justices may seem 
 proper and the circumstances of the case may warrant ; and such costs 
 shall be recoverable by the party entitled thereto, in the same manner 
 as damages to a small amount are herein made recoverable. 
 
 *e>^ 
 
 74. The Company shall not be compelled to make any further or Period durin- 
 additional accommodation works for the use of owners and occupiers of which accom- 
 land adjoining the Railway after ten years from the commencement of works may be 
 this Ordinance. required. 
 
 75. Until the Company has made the bridges or other proper accom- Power to 
 modations required to be made by it between lands intersected by the owners and 
 Railway, and no longer, the owners and occupiei's of such lands, and ^^t'^eJ.gg^^g^ 
 any other persons whose right of way may be affected by the want of lands to cross 
 such communication, and their respective servants, may at all times Railway until 
 freely pass and repass, and lead and conduct any horse or other animal works are made, 
 dii-ectly (but not otherwise) across the pai-t of the Railway made in or 
 
 through their respective lands, solely for the purpose of occupying the 
 same lands, or for the exercise of such right of way and so as not 
 to obstruct the passage along the Railway or to damage the same : 
 Provided, nevertheless, that if the owner of any such lands has, in his 
 arrangements with the Company, received or agreed to receive com- 
 pensation for or on account of any such communications instead of
 
 168 
 
 No. 2.] THE LA W8 OF BRITISH GUIANA : [A.D. 1846. 
 
 the same being formed, such owner or those claiming under him shall 
 not cross the Railway from one part to the other part of the lands so 
 severed, otherwise than by a bridge, arch, or culvert erected at the 
 charge of such owner or those claiming under him. 
 
 Branch Railways, 
 
 Power to 76. — (1.) Nothing in this Ordinance shall prevent the owners or 
 
 owners, etc., to occupicrs of lands adjoining the Railway, or any other persons, from 
 make branch laying down or cutting or constructing, at their own expense, either 
 municating Upon or through their own lands or uj^on or through the lands of 
 
 with Railway, other persons, with the consent of such persons, any canals or any 
 collateral branches of railway from their respective lands to communi- 
 cate with the Railway, for the purpose of bringing carriages, goods, 
 and passengers to, or from, or upon the Railway. 
 
 (2.) The Company shall, if required, at the expense of any such 
 owners and occupiers and other persons, make openings in the ledges 
 or tlanches uf the Railway for effecting such communication in such 
 places where the communication can be made without injuiy to the 
 Railway and without inconvenience to the traffic thereon. 
 
 (3.) The Company shall not take any rate or toll or other money 
 for the passing of any passengers, goods, or other things along any 
 canal or branch railway so to be made by any such owner or occupier 
 or other person. 
 
 (4.) This enactment shall be subject to the following restrictions 
 and conditions, that is to say, — 
 
 (a. ) No such bi-anch railway shall run parallel to the Railway ; 
 
 (b.) The Company shall not be bound to make any such open- 
 ing in any place which it may have set apart for any 
 specific purpose with which such communication would in- 
 terfere, or upon any inclined plane or bridge, or in any 
 tunnel ; and 
 
 (c.) The persons making or using such canals and branch rail- 
 ways shall be subject to all by-laws and regulations of the 
 Company from time to time made with respect to passing 
 upon or crossing the Railway and otherwise, and the persons 
 making or using such branch railways shall be bound to 
 construct, and from time to time as need may require to 
 renew, the offset plates and switches according to the most 
 approved plan adopted by the Company and under the 
 directions of its engineer. 
 
 Penalty on 
 person 
 ohstracting 
 construction of 
 Railway. 
 
 Laying of 
 property in 
 niatprials in 
 use under 
 contract with 
 the Company, 
 
 Obstructions, etc, 
 
 77. Every person who wilfully obstructs any person acting under 
 the authority of the Company in setting out the line of the Railway, 
 or pulls up or removes any poles or stakes driven into the ground for 
 the purpose of setting out the line of the Railway, or defaces or destroys 
 any marks made for the same purpose, shall for every such offence 
 forfeit twenty-four dollars. 
 
 78. During the execution of any contract made with the Company, 
 the works in course of being done under such contract, and all the 
 materials of every description brought upon or near such works for the 
 purpose of being used in the execution of such contract, shall, in all
 
 A.D. 1846.J DEMERARA RAILWAY COMPANY. [No. 2. 169 
 
 mdictments or other criminal proceedings instituted by it for the 
 purpose of protecting the same, be held to be the property of the 
 Company. 
 
 79. After tlie expiration of seven years from the commencement of Duration of 
 this Ordinance, all the powers hereby granted to the Company for po^^ers for 
 executing the Railway shall oease to be exercised, except as to so much Railway, 
 of the Railway as may then be completed, and except such powers as 
 
 may hereby be declared to be continued for a longer period. 
 
 I'olls to he taken on Railway. 
 
 80. The Company shall frame a tariff of tolls, which, when sane- Tariff of tolls 
 tioned by the Governor and Court of i^olicy, may be lawfully demanded for passengers, 
 in respect of the passengers, animals, articles, and things set forth in Railway, 
 this section, and in the six next succeeding sections, that is to say, — 
 
 'First — In respect of passengers and animals conveyed in carriages 
 upon the Railway as follows : — 
 
 (a.) For every person conveyed in or upon any such carriage, 
 
 per mile ; 
 (6.) For every horse, mule, ass, or other beast of draught or 
 
 tjurden, and for every bull, cow, ox, or neat cattle conveyed 
 
 in or upon any such carriage, per mile ; and 
 (c.) For every calf, sheep, lamb, pig, or other small animal 
 
 conveyed in or upon any such carriage, per mile ; 
 
 Second — In respect of the tonnage of all articles conveyed upon the 
 Railway, or any part thereof, as follows : — 
 
 (a.)' For any dung, compost, and all sorts of manure, lime, and 
 limestone, and all undressed materials for the repair of pubHc 
 roads or highways, per ton, per mile ; 
 
 [h.) For all coals, coke, culm, charcoal, and cinders, hay, grass, 
 firewood, all stones for building, pitching, and paving, all 
 bricks, tiles, slates, clay, sand, ironstone, and iron ore, pig 
 iron, bar iron, rod iron, hoop iron, and all other similar 
 descriptions of wrought iron, and iron castings not manu- 
 factured into utensils or other articles of merchandise, per 
 ton per mile ; 
 
 (e.) For all sugar, rum, molasses, grain, corn, flour, plantains, 
 salt fish, hides, dyewoods, earthenware, timber, stones, and 
 deals, metals (except iron), nails, anvils, vices, and chains, 
 per ton per mile ; and 
 
 {d.) For all cotton and other wools, drugs, manufactured goods, 
 and other wares, merchandise, articles, matters, or things, per 
 ton per mile ; and 
 
 Third — In respect of carriages conveyed upon the Railway, or any 
 part thereof, as follows : — 
 
 (a.) For every carriage, of whatever description, having more 
 than two wheels and not being a carriage adapted and used 
 for travelling upon a railway, and not weighing more than 
 one ton, carried or conveyed on a truck or platform, per 
 mile ; and 
 
 (6.) For every ton of every such carriage, weighing more than 
 one ton, which any such carriage may weigh, per mile,
 
 176 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Power to 
 demand tolls 
 for carriage of 
 passengers, 
 etc., by water. 
 
 Tolls for use 
 of engines. 
 
 Eegulations as 
 to fixing of 
 toUs 
 
 ToUs for small 
 packages and 
 single articles 
 of great weight. 
 
 81. The Company may also demand in respect of the carriage by 
 water of any passengers, animals, articles, and things brought or con- 
 veyed to or from the Railway along or by means of any canals con- 
 structed by the Company under the powers of this Ordinance, any tolls 
 which may be authorized to be taken by tariff, to be framed in manner 
 and form aforesaid. 
 
 82. The toll which the Company may demand for the use of engines 
 for propelling carriages on the Railway shall not exceed, per mile, for 
 each passenger or animal, or for each ton of goods or other articles, in 
 addition to the several other tolls or sums authorized to be taken for 
 the conveyance of such passengers, animals, goods, or articles, such 
 sum as may be authorized to be taken by tariff, to be framed in man- 
 ner and form aforesaid. 
 
 83. The following provisions and regulations shall be applicable to 
 the fixing of such Railway and other tolls, that is to say, — 
 
 (1.) For persons, animals, or articles conveyed upon the Railway for 
 
 a less distance than two miles, the Company may demand, in 
 
 addition to the tolls and charges for conveyance, a reasonable 
 
 charge for the expense of stoppuig, loading, and unloading ; 
 
 ^(2.) For a fraction of a mile leyond two miles, or beyond any 
 
 greater number of miles, the Company may demand tolls for such 
 
 fraction in proportion to the number of quarters of a mile con- 
 
 mn^ tained therein, and, if there is a fraction of a quarter of a mile, 
 
 ^-«- such fraction shall be deemed a fourth of a mile ; 
 
 (3.) For a fraction of a ton, the Company may demand toll accord- 
 ing to the number of one fourths of a ton in such fraction, and, if 
 there is a fraction of one-fourth of a ton, such fraction shall be 
 deemed one-fourth of a ton ; 
 
 (4.) With respect to all articles, except stone and timber, the weight 
 shall be determined according to the usual avoirdupois weight ; 
 and 
 
 (5.) With respect to stone and timber, fourteen cubic feet of stone, 
 forty cubic feet of oak, mahogany, teak, beech, ash, greenheart, 
 mora, and timber usually known as hardwood, or fifty cubic feet 
 of every other timber, shall be deemed one ton weight, and so in 
 proportion for any smaller quantity. 
 
 84. With respect to small packages and single articles of 
 weight, the Company may lawfully demand tolls as follows : — 
 
 great 
 
 (1.) For the carriage of small parcels, that is to say, parcels not ex- 
 ceeding ten pounds weight each, the Company may demand any 
 sum which it may think fit : Provided always that articles sent 
 in large aggregate quantities, although made up of several par- 
 cels, such as bags of sugar, coffee, meal, and the like, shall not be 
 deemed small parcels, but such terms shall apply only to single 
 parcels and separate packages ; 
 
 (2.) For the carriage of any one boiler, cylinder, bob, or single piece 
 of machinery, or single piece of timber or stone, or other single 
 article, the weight of which, including the cari'iage, exceeds six 
 tons, but does not exceed eight tons, the Company may demand 
 such sums as it from time to time may think fit, not exceeding 
 such sum per ton per mile as may be authorized to be taken by 
 tariff, to be framed in manner and form aforesaid ; and
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. 
 
 [No. ^. 
 
 171 
 
 (3.) For the carriage of any single piece of timber, stone, machinery, 
 or other single article, the weight of which with the carriage ex- 
 ceeds eight tons, the Company may demand such sum as it may 
 think fit. 
 
 85. No carriage shall carry or bear at one time upon the Railway Liuiit of 
 (including the weight of such carriage) more than the weight of eight ^a^rried oii^^ 
 tons, except any one boiler, cylinder, bob, or piece of machinery, or Railway, 
 any one piece of timber or stone, or any other single article ; and no 
 
 such excepted ariicle, the weight of which, mcluding the carriage, ex- 
 ceeds eight tons, shall be carried upon any part of the Railway without 
 the special licence of the Company. 
 
 86. Every passenger travelling upon the Railway may take with Passenger's 
 him his ordinary luggage, not exceeding such weight or dimensions luggage, 
 as may be authorized to be taken by tariff, to be framed in manner 
 
 and form aforesaid, without any charge being made for the carriage 
 thereof. 
 
 87. All tolls for the use of the Railway shall be at all times charged 
 equally to all persons, and after the same rate, whether per mile, or 
 per ton per mile, or otherwise, in respect of all passengers, and all 
 goods, animals, or carriages of a like description, and conveyed or pro- 
 pelled by a like carriage or engine, and all tolls for carriages and the 
 use of any locomotive power shall be at all times charged equally to all 
 persons, and after the same rate, whether per mile or per ton per mile, 
 or otherwise, in respect of goods, animals, or carriages of a like descrip- 
 tion, and conveyed or propelled by a like carriage or engine passing 
 along the same portion of the line of the Railway under the like 
 circumstances ; and no reduction or advance in any such tolls for the 
 use of the Railway, or for the conveyance by the Company, or for the 
 use of any locomotive power to be supplied by them, shall be made 
 either directly or indirectly, in favour of or against any particular 
 persons travelling upon or using the same portion of the Railway : 
 Provided always that it shall not be incumbent on the Company 
 to adopt one uniform rate of charge in respect of Passengers, goods, 
 animals, or carriages, brought or conveyed from different districts or 
 localities ; but it shall be lawful for the Company from time to time 
 to vary, increase, or diminish the rate of charge according to an average 
 scale to be fixed or appointed by the Company, in proportion to the 
 distances which such passengers, goods, animals, or carriages may have 
 been brought or conveyed ; yet so, nevertheless, that in such cases the 
 Company shall not, on any pretence, demand more than the maximum 
 rates of toll to be fixed as hereinbefore mentioned. 
 
 88. The Company shall not at any time demand or take a greater 
 amount of tolls, or make any greater charge for the carriage of pas- 
 sengers or goods, than it may be authorized by tariff, to be framed in 
 manner and form aforesaid, to demand ; and, on payment of the tolls 
 from time to time demandable, all persons shall be entitled to use the 
 Railway with carriages properly constructed as by this Ordinance 
 directed, subject, nevertheless, to the regulations to he from time to 
 time made by the Company, by virtue of the powers in that behalf 
 herein conferred upon them. 
 
 89. If, at any time after the end of twenty-one years from and after 
 the first day of January next after the commencement of this Ordin- 
 
 Tolls to be 
 charged 
 equally to all 
 persons. 
 
 General right 
 to use Railway 
 on payment of 
 tolls. ' 
 
 Power to tho 
 Governor 
 and Court of
 
 m 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846. 
 
 Policy, in 
 
 cei"tain cou- 
 tingeiicies, to 
 revise scale of 
 tolls and fix 
 new scale. 
 
 Payment of 
 tolls. 
 
 Account of 
 lading, etc., 
 to be given. 
 
 ance, the clear annual profits divisible upon the subscribed and paid up 
 capital stock of the Railway, upon the average of the seven then last 
 preceding j-ears, shall equal or exceed the rate of fifteen pounds for 
 every hundred pounds of such paid up capital stock, it shall be lawful 
 for the Governor and Court of Policy, upon giving to the Company 
 three months' notice in writing of their intention to do so, to revise the 
 scale of tolls, fares, and charges authorized by this Ordinance to be 
 hereafter fixed by tariff to be framed in manner and form aforesaid, 
 relating to the Railway, and to fix such new scale of tolls, fares, and 
 charges applicable to such different classes and kinds of passengers, 
 goods, and other traffic on the Railway as, in the judgment of the 
 Governor and Court of Policy, assuming the same quantities and kinds 
 of traffic to continue, will be likely to reduce the said divisible profits 
 to the said rate of fifteen pounds in the hundred : Provided always that 
 no such revised scale shall take effect unless accompanied by a 
 guarantee, to subsist as long as any such revised scale of tolls, fares, 
 and charges may be in force, that the said divisible profits, in case of 
 any deficiency therein, shall be annually made good to the said rate of 
 fifteen pounds for every hundred pounds of such capital stock : Provided, 
 also, that such revised scale shall not be again revised, or such guarantee 
 withdi'awn, otherwise than with the consent of the Company, for the 
 further period of twenty-one years. 
 
 90. — (1.) All such tolls shall be paid to such persons and at such 
 places upon or near to the railway, and in such manner, and under 
 such regulations as the Company may, by notice to be annexed to the 
 account or list of toll, appoint. 
 
 (2.) If, on demand, any person fails to pay the tolls due in respect 
 of any goods, it shall be lawful for the collector to detain and sell all 
 or any part of such goods, and out of the money thence arising to re- 
 tain the tolls payable in respect of such goods, and all charges and ex- 
 penses of such detention and sale ; and such collector shall, on demand, 
 render the overplus, if any, of the money arising by such sale, and 
 such of the goods as may remain unsold, to the person entitled thereto ; 
 and if such goods happen to be removed before the tolls payable in 
 respect of the same are paid, then the Company may recover such tolls 
 on complaint before one or two Justices, as the nature of the case 
 may require. 
 
 91. — (1.) Every person being the owner or having the care of any 
 carriage passing or being upon the Railway shall give to the collector 
 of tolls at the places where he attends for the purpose of collecting tolls 
 for the part of the Railway 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 such carriage, and 
 of the point of the Railway from which such carriage may have set 
 out or be about to set out, and at what point the same is intended 
 to be unloaded or taken off" the Railway, and if the articles conveyed 
 by any such carriage are liable to the payment of each or any of such 
 tolls. 
 
 (2.) If any such owner or other person fails to give and deliver 
 such account, or to produce his bill of lading to such collector demand- 
 ing the same, or if he gives a false account, or if he leaves or delivers 
 out, or takes any part of his lading or goods at any other place than 
 may be mentioned in such account, with intent to avoid the payment
 
 A.D. 1846,] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 175 
 
 of any tolls payable by him, he shall for every such offence forfeit to 
 the Company a sum not exceedmg ten dollars for every ton of goods or 
 for any parcel not exceeding one hundred weight, and so in proportion 
 for any less quantity of goods than one ton or for any parcel exceeding 
 one hundred weight as the case may be, which may be upon any such 
 carriage ; and such penalty shall be in addition to the toll to which 
 such goods or things may be liable. 
 
 92. If any dispute arises concerning the amount of the tolls due to Difference as 
 the Company, or concerning the charges occasioned by any distress to amount of 
 levied with reference thereto, the collector or person distraining may 
 distrain the goods, or, if the case so requires, the proceeds of the sale 
 thereof, until the amount of the tolls due, or until such amount and 
 the amount of the costs of such distress, has or have been ascertained 
 by some Justice, and, on application made to any such Justice for 
 that purpose, he shall examine the matter upon oath of the parties or 
 witn(!sses, and determine the amount of the tolls due, and also the 
 amount of the costs ; and it shall l)e lawful for such Justice to award 
 such costs to be paid by either of the parties to the other of them as 
 he may think reasonable, and if, on demand thereof, such costs are not 
 paid by the parties ordered to pay the same, they shall be levied by 
 distress, and such Justice shall issue his warrant for that purpose 
 accordingly. 
 
 93. — (1.) If any difference arises between any toll collector or other Procedure m 
 officer or servant of the Company, and any owner of or person having case of difler- 
 the charge of any carriage passing or being upon the Railway, or of any ^yeight, etc., 
 articles conveyed by such carriage, respecting the weight, quantity, of goods. 
 or nature of such articles, such collector or other officer may lawfully 
 detain such carriage and examine, weigh, gauge, or otherwise measure 
 such cariiage and all articles conveyed thereby. 
 
 (2.) If, upon such examining, weighing, gauging, or measuring, 
 such articles appear to be of greater weight or quantity, or of other 
 nature, than has been stated in the account given thereof, then the 
 pei'son who has 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 Company, be liable to pay, the costs of such examining, 
 weighing, gauging, or measuring ; but if such articles appear to be 
 of the same or less weight or quantity than has been stated in such 
 account, then the Company shall pay such costs, and it shall also pay 
 to such owner of or person having the charge of such carriage, and 
 to the respective owners of such articles, such damage, if any, as may 
 appear to any Justice, on a summary application made to him for that 
 purpose, to have arisen from such detention. 
 
 Prevention of Frauds on the Conipciny, 
 
 94. Every person who — Penalty on 
 
 (1.) Travels upon the Railway without having previously paid his practising 
 
 fraud on the 
 
 fare, and with intent to avoid payment thereof ; or 
 (2.) Having paid his fare for a certain distance, knowingly and wil- 
 fully proceeds beyond such distance, without previously paying 
 the additional fare for the additional distance, and with intent to 
 avoid payment thereof; or 
 
 Company.
 
 174 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Detention of 
 passenger 
 practising 
 fraud on the 
 Company. 
 
 Placing of 
 milestones on 
 Railway. 
 
 (3.) Knowingly and wilfully refuses or neglects, on arriving at the 
 point to which he has paid his fare, to quit the carriage of the 
 Company, 
 
 shall forfeit a sum not exceeding ten dollars. 
 
 95. If any person is discovered either in or after committing or 
 attempting to commit any such offence as in ohe last preceding section 
 mentioned, all officers and servants and other persons on behalf of the 
 Company, and all constables, gaolers, and peace officers, may lawfully 
 apprehend and detain such person until he can conveniently be taken 
 before some Justice, or until he is otherwise discharged in due course 
 of law. 
 
 Milestones. 
 
 96. For the purpose of ascertaining distances with greater precision 
 and facility, the Company shall cause the length of the Railway 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 mat ks inscribed 
 thereon denoting such distances. 
 
 Exhibition of 
 list of tolls. 
 
 No power to 
 demand tolls 
 luiless list 
 exhibited. 
 
 Lists of Tolls. 
 
 97. A list of the tolls authorized l)y this Ordinance to be taken and 
 which may be exacted by the Company shall be published by the same 
 being pamted 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 may be payable. 
 
 98. — (1.) No tolls shall be demanded or taken by the Company for 
 the use of the Railway during any time at which the boards herein- 
 before directed to be exhibited are not so exhibited, or at which the 
 milestones, posts, or other conspicuous objects hereinbefore directed to 
 be set up and maintained are not so set up and maintained. 
 
 (2.) If any person wilfully pulls down, defaces, or destroys any 
 such board or milestone, he shall for every such offence forfeit a sum 
 not exceeding twenty-four dollars. 
 
 Regulations 
 as to toll ; 
 collectors. 
 
 Penalties on 
 toll collector. 
 
 Toll Collectors. 
 
 99. Every collector of tolls shall place in the front or on some other 
 conspicuous part of the toll-house or other building where he may 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 pro- 
 portion, 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. 
 
 100. Every such toll collector who commits any of the following 
 offences shall forfeit a sum not exceeding forty-eight dollars for each 
 such offence, that is to say, — 
 
 (1.) If he does not place such board, and keep the same in its place 
 during the whole time he is on duty ; or
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 175 
 
 (2.) If he either refuses to permit any person to read, or in any way 
 hinders any person from reading, the inscription on such board ; 
 or 
 
 (3.) If he refuses to tell his name to any person demanding the 
 same, who may have paid or tendered the tolls demanded of him, 
 or if he gives a false name to any such person ; or 
 
 (4.) If he demands or takes a greater or leas toll from any person than 
 he may be lawfully authorized to do by tariff', to be framed in 
 manner and form aforesaid ; or 
 
 (5.) If, upon the legal toll being paid or tendered, he unnecessarily 
 detains or wilfully hinders any carriage or any person from pass- 
 ing upon the Railway ; or 
 
 (6.) If he makes use of any scuri-ilous or abusive language to any 
 passenger upon or to any person lawfully using the Railway. 
 
 101. If at any time it is made to appear to any Justice, on com- Liability of 
 plaint that any such detention, examining, weighing, gauging, and ^^^ wrom^ul 
 measuring of any carriage or goods as hereinbefore mentioned was detention, etc, 
 without reasonable ground, or that it was vexatious on the part of ^^ goods. 
 such collector or other officer, then the collector or other officer shall 
 
 himself pay the costs of such detention, examining, weighing, gaug- 
 ing, and measuring, and the damage occasioned thereby : and, in de- 
 fault of immediate payment of any such costs or damages, the same 
 may be recovered by distress of the goods of such collector, and such 
 Justice shall issue his warrant for that purpose accordingly. 
 
 102. If any such toll collector is discharged or suspended from his Deliverj' up 
 office, or dies, absconds, or absents himself, and if such collector so of things in 
 discharged or suspended, or the wife, widow, or any of the family or toll collector 
 representatives of any such collector so discharged or suspended, or on discharge, 
 who may have died, absconded, or absented himself, refuses or neglects, ^^^' 
 
 after seven days' notice in writing for that purpose, to deliver up to 
 the Company, or to any person appointed by it for that purpose, 
 any toll-house, dwelling-house, office, or other building, with its ap- 
 purtenances, or any books, papers, or other matters belonging to the 
 Company, 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, on application being made by the Company 
 to any Justice, it shall be lawful for such Justice to order any con- 
 stable, with proper assistance, to enter upon such toll-house or other 
 building, and to I'emove any person found therein, and to take pos- 
 session thereof, and of any such books, papers, or other matters, and 
 to deliver the same to the Company or any person appointed by it for 
 that purpose. 
 
 Regulations and By-Laws. 
 
 103. It shall be lawful for the Company from time to time, subject Power to the 
 to the provisions and restrictions in this Ordinance C( ntained, to make |^"™e 're^^iila- 
 regulations for preventing the smoking of tobacco and the commission tions relatmg 
 of any other nuisance in or upon the carriages, or in any of the stations to smoking, etc 
 or premises occupied by the Company, and generally for regulating 
 
 the travelling upon, or using, or working of the Railway. 
 
 104. — (1.) For better enforcing the observance of all or any of the Power to the 
 regulations prescribed by this Ordinance, it shall be lawful for the [^J'JJ^^g^^^^ 
 
 alter by-laws.
 
 176 No. 2.] THE LAWS OF BRITISH GUIANA ; [A.D. 1846. 
 
 Power to 
 mitigate 
 penalties in 
 by-laws. 
 
 Exhibition of 
 by-laws. 
 
 Operation and 
 proof of publi- 
 cation of 
 by-laws. 
 
 Penalty on 
 person puUino 
 down board, 
 etc. 
 
 Carriage of 
 dangerous 
 goods on 
 Railway. 
 
 Company to make by-laws, and from time to time to repeal or alter 
 such by-laws and make others provided that such by-laws are not 
 repugnant to the laws of this Colony or the provisions of this 
 Ordinance. 
 
 (2.) Such by-laws shall be I'educed into writing and shall have 
 affixed thereto the common seal of the Company. 
 
 (3.) Any person offending against any such by-law shall for every 
 such offence forfeit any sum not exceeding twenty-four dollars, to be 
 imposed by the Company in such by-laws, as a penalty for any such 
 offence ; and if the infraction or non-observance of any such by law 
 or other regulation as aforesaid is attended with danger or annoyance 
 to the public or hindrance to the Company in the lawful use of the 
 Railway, it shall be lawful for the Companj- summarily to interfere to 
 obviate or remove such danger, annoyance, or hindrance and to do so 
 without prejudice to any penally incurred by the infraction of any 
 such by-laws. 
 
 105. The said by-laws shall be so framed as to allow the Justice 
 before whom any penalty imposed thereby may be sought to be re- 
 covered to order a part only of such penalty to be paid if such Justice 
 thinks fit. 
 
 106. The substance of such by-laws 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 Company, according to 
 the nature or subject-matter of such by-laws respectively, and so 
 as to give public notice thereof to the parties interested therein or 
 affected thereby ; and such boards shall from time to tine be renewed 
 as often as the by-laws thereon, or any part thereof, may be oblite- 
 rated or destroyed ; and no penalty imposed by any such by-law shall 
 be recoverable unless the same has been published and kept published 
 in manner aforesaid. 
 
 107. — (1.) Such by-laws, when so made, published and affixed, shall 
 be binding upon and be observed by all persons, and shall be sufficient 
 to justify all persons acting under the same. 
 
 (2.) For proof of the publication of any such by-laws, it shall be 
 sufficient to prove that a printed paper or painted board containing 
 a copy of such by-laws was affixed and continued in manner by this 
 Ordinance directed, and, in case of its being afterwards displaced or 
 damaged, then that such paper or board was replaced as soon as con- 
 veniently might be. 
 
 108. If any person pulls down, breaks, or defaces any such board 
 put up or affixed as required by this Ordinance for the purpose of 
 publishing any by-law or penalty, or obliterates any of the letters 
 or figures thereon, he shall for every such offence forfeit a sum not 
 exceeding twenty-four dollars, and he shall also defray the expenses 
 attending the restoration of such board, and such expenses shall be re- 
 coverable as any penalty imposed by this Ordinance may be 
 recovered. 
 
 109. — (1.) No person shall be entitled to carry or to require the 
 Company to carry, upon the Railway any aquafortis, oil of vitriol, or 
 gunpowder, or any other goods which, in the judgment of the Com- 
 pany, may be of a dangerous nature.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 177 
 
 (2.) If any person sends by the Railway any such goods without 
 distinctly marking their nature on the outside of the package con- 
 taining the same, or- otherwise giving notice in writing to the book- 
 keeper or other servant of the Company with whom the same are left 
 at the time of so sending, he shall for every such offence forfeit forty- 
 eight dollars. 
 
 110. If, through any act, neglect, or default on account whereof LiaLility of 
 any person may have incurred any penalty imposed by this Ordin- offender for 
 ance, any damage to the property of the Company has been committed to proper^of 
 by such person, he shall be liable to make good such damage, as well the Company. 
 as to pay such penalty. 
 
 111. If any person omits to shut and fasten any gate set up across Penalty on 
 or at either side of the Railway as soon as he and the carriage, cattle, R^^^°" ?™?*' 
 or other animals under his care have passed thr ough the same, he shall gate. 
 
 for every such offence forfeit a sura not exceeding ten dollars. 
 
 Penalties and Forfeitures. 
 
 112. For the purpose of providing for the due publication of all Publication of 
 penalties and forfeitures exigible under this Ordinance, or any by-law ^o^g|^^jfgg ^^^ 
 of the Company, be it enacted that from time to time the Company by-laws, 
 shall publish the short particulars of the several offences for which 
 
 any such penalty is imposed by this Ordinance, 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 Company in this Colony ; and, where 
 any such penalties are of local application, shall cause such boards to 
 be affixed in some conspicuous place in the immediate neighbourhood 
 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 has been published and kept published in the 
 manner hereinbefore required. 
 
 113. Every penalty or forfeiture imposed by this Ordinance, or by 
 any by-law made in pursuance thereof, the recovery of which is not 
 otherwise provided for, may be recovered by summary proceedings 
 before two Justices ; and the laws for the time being in force regulating 
 procedure before Stipendiary Magistrates in the exercise of their 
 summary jurisdiction, including the right of and the procedure on 
 appeal from the decisions of Stipendiary Magistrates, shall apply in 
 respect of such proceedings, with the modifications necessary to meet 
 the case of the jurisdiction hereby conferred upon two Justices. 
 
 114. Any officer or agent of the Company, and all persons called 
 by him to his assistance, may seize and detain any person who may 
 have committed any offence against the provisions of this Ordinance 
 and whose name and residence are unknown to such officer or agent, 
 and convey him with all covenient despatch before some Justice ; and 
 such Justice shall proceed with all convenient despatch to the hearing 
 and determination of the complaint against such offender. 
 
 Procedure and 
 appeal. 
 
 See Ordi- 
 nances No. 12 
 o/"1893awrf 
 No. 13 o/"1893. 
 
 Apprehension 
 of offender 
 who is 
 unknown.
 
 178 
 
 No. 2.] THE LA WS OF BRITISH GUIANA . [A.D. 1846. 
 
 Service of 
 process on the 
 Company. 
 
 Saving of 
 right of 
 future legisla- 
 tion relating 
 to railways. 
 
 Saving of 
 enactment. 
 
 No. 1 of 1846. 
 
 Property in 
 carcase of pig. 
 
 Miscellaneous Provisions. 
 
 115. Any summons, notice, or writ, or other proceeding at law or 
 in equity, requiring to be served upon the Company may be served 
 by the same being given personally to the Secretary or other officer 
 appointed in that behalf by the Company, or being left at the office of 
 the Company, or being delivered to some inmate at the place of abode 
 of such Secretary or other officer ; and in case there is no Secretary or 
 such other officer appointed in that behalf, or the place of abode of the 
 Secretary or such other officer respectively is not found, then by being 
 given to any one member of the Committee of the Company, or by 
 being delivered to some inmate of the place of abode of any such 
 member of Committee. 
 
 116. Nothing in this Ordinance shall be deemed or construed to 
 exempt the Railway hereby authorized to be made from the provisions 
 of any Act of Parliament, Order-in-Council, or Ordinance relating to 
 railways which may hereafter be passed and be in force in this Colony ; 
 and it shall be lavvful for the Governor and Court of Policy, by any 
 future enactments, to repeal, alter, or amend any part of this Ordin- 
 ance, without being responsible on that account to provide compen- 
 sation or indemnity to the shareholders of the Company. 
 
 117. Nothing in this Ordinance or in the Deed of Settlement shall 
 repeal, alter, vary, or affect section 359 of the Companies' Clauses and 
 Powers Consolidation Ordinance, 1846. 
 
 118. It shall not be lawful for the Demerara Railway Company or 
 any servant thereof to appropriate the carcase of any pig destroyed on 
 the Railway ; but the property in the carcase shall remain in the 
 person to whom the animal belonged when alive. (2 of 1902, s. 4.) 
 
 Section 4. 
 
 Preamble. 
 
 Recitals. 
 
 SCHEDULE. 
 
 Deed of Settlement of the Demekaka Kailway Company. 
 
 This Indenture, made the Eighteenth day of September, One Thousand Eight 
 Hundred and Forty-five, between Charles Cave, of Threadneedle Street, in the 
 City of London, Esquire ; Michael M'Chlery, of Finsbury Circus, in the County 
 of Middlesex, Esquire ; Henry Barkly, of Eaton Place, Belgrave Square, in the 
 said County, Esquire ; Sir James Egbert Cakmichael, of Sussex Gardens, in the 
 said County, Baronet ; George Anderson, of Lime Street Square, in the City of 
 London, Esquire ; James Brand, of New East India Chambers, in the City of 
 London, Esquire ; Henry Davidson, of Lime Street Square, aforesaid, Esquire ; 
 George Labalmondiere, of Lime Street, in the City of London, Esquire ; and 
 Thomas Naghten, of Fenchurch Street, in the City of London, Esquire, of the first 
 part ; the several other persons whose names and seals are iDy themselves, or by 
 their respective attorneys or agents, hereunto, or to a duplicate hereof, subscribed 
 and afiixed in the Schedule written under or annexed to these Presents, or such 
 duplicate hereof, of the second part ; and Alexander Macgregor, of No. 31, Chester 
 Street, Grosvenor Place, in the County of Middlesex, Esquire, and Alexander 
 George Milne, of No. 10, George Yard, Lombard Street, in the City of London, 
 Esquire, of the third part. 
 
 Whereas the making a Railway in the; Colony of British Guiana, from George- 
 town the Capital of said Colony, to Mahaica, in such Colony, would be not only 
 of great public advantage to the said Colony by opening a certain and expeditious 
 communication between Georgetown and Mahaica aforesaid, and the intermediate 
 anil adjacent villages and districts, and by affording or facilitating the mc;ins of 
 bringing the produce of the said Colony into the market, but would also probably
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 179 
 
 afford an ample return to the individuals making such Railway upon their capital 
 expended for that purpose ; And whereas corresponding advantages would result 
 from the continuation of the said Railway to other parts of the said Colony, and the 
 construction of lateral Branch Railways therefrom and from such continuation 
 thereof ; And whereas the several persons, parties hereto of the first and second 
 parts, have agreed to form a joint stock company for making and maintaining such 
 Rail\»ay as aforesaid, and all necessary and proper works and conveniences connected 
 therewith, with power (if the Legislature of the Colony of British Guiana shall so 
 permit) to make such Extension or Branch Railways as aforesaid, and have also 
 agreed to raise for the purpose of such undertaking, a capitaP of two hundred and 
 fifty thousand pounds, in ten thousand shares of twenty-five pounds each, such 
 capital to be increased, if thought proper, in manner hereinafter mentioned, and to 
 apply for and obtain an Act of the Legislature of the said Colony for establishing 
 and incorporating them as such joint stock company, and for enabling them to make 
 such Railway and (if thought proper) such extensions and branches, and, with 
 reference to the objects aforesaid, have agreed to enter into the covenants hereinafter 
 contained ; And whereas the said several persons, parties hereto of the first and 
 second parts, have respectixely agreed to take the shares in the said Company, the 
 numbers of which are set opposite to the res|)ective names of such parties in the said 
 schedule written under or annexed to these Presents, or a duplicate hereof, and each 
 of such parties has paid into the banking house of Messrs. Puescott, Guote, Cave, 
 Ames, and Cave, in London, the sum of Two Pounds Ten Shillings per share by way 
 of deposit on the shares to be taken by him or her : 
 
 Now this Indenture witnesseth, that in pursuance of the said recited agreement, 
 each of the parties hereto, of the first and second parts, for himself, his heirs, 
 executors, and administrators, but so far only as relates to the acts and defaults of 
 himself and his own executors or administrators, hereby covenants and agrees with the 
 said Alexander Macgkegor and Alexander George Milnf, their executors and 
 administrators, in trust for the Company to be established and incorporated as afore- 
 said in manner following (that is to say) — 
 
 1. That when and so soon as an Act of the Legislature of the said Colony of 
 British Guiana can be obtained for the purpose, (and the expenses of applying for 
 and endeavouring to obtain which Act, as well as all other expenses incident to the for- 
 mation of the said intended Company, shall be defrayed out of the amount paid by the 
 said parties hereto by way of deposit as aforesaid, or to be called for pursuant to the 
 ninet^-enth clause or article hereinafter contained), the several persons, parties 
 hereto, and other the persons who shall from time to time be holders of shares in the 
 capital or joint stock hereinafter mentioned, shall become and remain associated as a 
 joint stock company for the purpose of the said undertaking, viz., the making and 
 maintaining a railway from Georgetown to Mahaica, in the Colony aforesaid, with 
 such extensions, continuations, or branches as the s^dd act may authorize, and all 
 necessary and proper works and conveniences connected therewith respectively, 
 according to the provisions contained in these Presents, or such of them as may bo 
 confirmed or sanctioned by the snid Act, and according also to such alterations or 
 modifications (if any) of the said provisions, and to such other provisions as shall or 
 may be contained in the said Act, by the name and style of " The Demerara Railway 
 Company," or such other name as may be fixed by the said Act, and which 
 intended Company is hereinafter referred to as " the Company." 
 
 2. That the capital i of the Company shall, in the first instance, be the sum of 
 Two Hundred and Fifty Thousand Pounds, divided in Ten Thousand shares, each of 
 the amount of twenty-five pounds, and such shares shall be numbered in arithmetical 
 progression, beginning with number 1, and every such share shall be distinguished 
 by its appropriate number, but such capital may be increased in the manner herein- 
 after provided. 
 
 Provisional 
 establishment 
 and name of 
 the Company. 
 
 Capital of the 
 Company. 
 
 3. That all shares in the undertaking shall be personal estate and transmissible as 
 such, and as such shall not be subject to the lex loci, but shall be regulated as to 
 transmission thereof, and otherwise, by the law of the place * ' ' ''" '" ^^' 
 shareholder. 
 
 of domicile of the 
 
 4. That every person who shall have subscribed or shall subscribe the sum of 
 twenty-five pounds or upwards to the capital of the Company shall be deemed a 
 shareholder of the Company, and shall be entitled to have one share therein allotted 
 to him in respect of every sum of twenty-five pounds so subscribed by him. 
 
 Shares to be 
 personal estate. 
 
 Shareholders. 
 
 1 But see Ordinance No. 1 ol 1849 b. 2. 
 VOJ- 
 
 13
 
 180 No. 2.] THE LAWS OF BRITISH GUIANA: [A.D. 1846. 
 
 Register Book 
 of Share- 
 holders. 
 
 Shareholders' 
 Address Book. 
 
 Certificates of 
 shares. 
 
 Use of certifi- 
 cate as evi- 
 dence. 
 
 Renewal of 
 certificate. 
 
 Register of 
 Transfers. 
 
 No right of 
 transfer if 
 calls unpaid. 
 
 Closing of 
 Register of 
 Transfers. 
 
 5. That the Company shall keep a book to be called the " Register Book of Share- 
 holders," and in such book shall be entered, from time to time, the names and 
 additions of the several persons being shareholders in the Company, the number of 
 shares to which such shareholders shall be respectively entitled, (distinguishing each 
 share by its number), and the amount of the subscriptions paid on such shares, and 
 such book shall r)e authenticated by the common seal of the Company being affixed 
 thereto, and such authentication shall take place at the first ordinary meeting or at 
 some subsequent meeting of the Company, and such book shall be kept at the Office 
 of the Company iu London. 
 
 6. That, in addition to the said Register of Shareholders, the Company shall 
 provide a book to be kept at the Office of the Company in London to be called the 
 "Shareholders' Address Book," in which shall, from time to time, be entered the 
 places of abode of the several shareholders of the Company, and every shareholder 
 may at all convenient times peruse such book gratis, and may require a copy thereof, 
 or of any part thereof, and for every one hundred words so required to be copied the 
 Company may demand a sum not exceeding sixpence. 
 
 7. That, on demand of the holder of any share, the Compan}' shall cause a certifi- 
 cate of the proprietorship of such share to be delivered to such shareholder, and such 
 certificate shall have the common seal of the Company affixed thereto, and such 
 certificate shall specify the share in the undertaking to which such shareholder is 
 entitled, Hnd the same may be according to any form determined or approved of by 
 the London Committee hereinafter mentioned ; and for such certificate the Company 
 may demand any sum not exceeding two shillings and sixpence. 
 
 8. That such certificate shall be prima facie evidence of the title of such share- 
 holder, his executors, administrators, or as^imis, to the share therein specified, 
 nevertheless the want of such certificate shall not prevent the holder of any share 
 from disposing thereof. 
 
 9. That if any such certificate be worn oirt or damaged, then, upon the same 
 being produced at some meeting of the London Committee hereinafter mentioned, 
 such Committee may or<ler the same to be cancelled and thereupon another similar 
 certificate shall be given to the party in whom the property of such certificate and 
 of the share therein mentioned shall be at the time vested ; or if such certificate be 
 lost or destroyed, then, upon proof thereof, a similar certificate shall be given to the 
 party entitled to the certificate so lost or destroyed, and, in either case, a new entry 
 of the substituted certificate shall be made by the Secretary in the Register of 
 Shareholders, ;ind for every such certificate so given or exchanged the Company may 
 demand any sum not exceeding two shillings and sixpence. 
 
 10. That subject to the regulations herein contained or to be contained in the 
 said Act, every shareholder may sell and transfer his shares in the un'lertaking ; and 
 such transfer may be in any form to be determined or approved of by the London 
 Committee hereinafter mentioned, and the same (when duly executed) shall be 
 delivered to the Secretary and be kept by him, and the Sr-cretary shall enter a memorial 
 thereof in a book to be called the " Register of Transfers," and shall endorse such 
 entry on the instrument of transfer, and for every such entry and endorsement the 
 Company may demand any sum not exceeding two shillings and sixpence, and, on 
 the request of the purchaser of any share, an endorsement of such transfer shall be 
 made on the certificate of such share instead of a new certificate being granted, and 
 for such endorsement the Company may demand any sum not exceeding two 
 shillings and sixpence, and such endorsement being signed by the Secretary shall be 
 considered in every respect the same as a new certificate, and until such transfer 
 shall have been so delivered to the Secretary as aforesaid, the purchaser of the share 
 shall not be entitled to receive any portion of the profits of the said undertaking, or 
 to vote in respect of such share. 
 
 11. That no shareholder shall be entitled to transfer any share until he shall have 
 paid all calls for the time being due on every share held by him. 
 
 12. That the London Committee may close the Register of Transfers for a period 
 not exceeding fourteen days previous to each ordinary meeting, and may fix a day 
 for the closing of the same, of which seven days' notice shall be given by advertise- 
 ment in some newspaper as after mentioned, and any transfer made during the time 
 when the trnnsfer books shall be so closed, shall, as between the Company and the 
 party clamiing urder the same, but not otherwise, be considered as made subsequently 
 to such ordinary meeting.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 181 
 
 13. That, with respect to the reiristratiun of shares, the interest in which may 
 have become transmitted in consequence of the death or bankruptcy or insolvencj' 
 of any shareholder, or in consequence of the marrias^e of a female shareholder, or by 
 any other legal means than by a transfer, according to the provisions of these 
 Presents, no person claiming by virtue of any such transmission shall be entitled to 
 receive any part of the profits of the said undertaking, nor to vote in respect of any 
 such share as the holder thereof, until such transmission have been authenticated by 
 a declaration in writing, as hereinafter mentioned, or in such other manner as the 
 London Committee hereinafter mentioned shall require ; and every such declaration 
 shall state the manner in which, and the party to whom, such share shall have been 
 so transmitted, and shall be made and signed by some credible person before a 
 Justice of the Peace, or a Master or a IMaster Extraordinary in the High Court of 
 Chancery, or a Notarj' Public in England, or a Judge of one of the Inferior Cotirts, 
 or a Justice of the Peace, or a Stipendiary Magistrate, or a Notarj- Public in the 
 said Colony of British Guiana, and such declaration shall be left with the Secretary, 
 and thereupon he shall enter the name of the person entitled under such transmission 
 in the Register Book of Shareholders of the Company, and for every such entry the 
 Company may demand any sum not exceeding five shillings. 
 
 14. That if such transmission be by virtue of the marriage of a female share- 
 holder, the said declaration shall conbiin a copy of the register of such marriage, or 
 other particulars of the celebration thereof, and shall declare the identity of the 
 wife with the holder of such share, and if such transmission have taken place by 
 virtue of any testamentary instrument or by intestacy, the probate of the will, or 
 letters of administration, or an official extract from such will or letters of 
 administration, shall, together with such declaration, be produced to the Secretary ; 
 and upon such production, in either of the cases aforesaid, the Secretary shall make 
 an entry of the declaration in the said Register of Transfers. 
 
 15. That with respect to any share to which several persons may be jointly 
 entitled, all notices directed to be given to the shareholders shall be given to such 
 one of the said persons whose name shall stand first in the Register of Shareholders 
 and notice so given shall be sufficient notice to all the proprietors of such share. 
 
 16. That if any money be payable to any shareholder being a minor, idiot, or 
 lunatic, the receipt of the guardian of such minor, or the receipt of the committee, 
 or curator of such idiot or lunatic, shaU be a sufficient discharge to the Company for 
 the same. 
 
 17. That the Company shall not be bound to see to the execution of any trust 
 whether express, implied, or constructive, to w^hich any of the said shares may be 
 subject, and the receipt of the party in whose name any such share shall stand in 
 the books of the Company shall, from time to time, be a sufficient discharge to the 
 Company for any dividend or other sum of money payable in respect of such share, 
 notwithstanding any trusts to which such share may then be subject, and whether 
 or not the Company have had notice of such trusts, and the Company shall not be 
 bound to see to the application of the money paid upon such receipt. 
 
 18. That from time to time after the passing of the said Act, the Company 
 may make such calls of money upon the respective shareholders in respect of the 
 amount of capital respectively subscribed or owing by them, as they shall think 
 fit, provided that twenty-one days' notice be given of each call, and that no call 
 exceed the sum of five pounds per share, and that successive calls be not made 
 at less than the interval of forty days ; and every shareholder shall be liable to 
 pay the amount of the calls so made in respect of the shares held by him to the 
 persons, and at the times and places from time to time appointed by the 
 Company. 
 
 19. That in the meantime, and until the passing of the said Act of the 
 Colonial Legislature, the London Provisional Committee, may on giving twenty- 
 one days' notice, make a call or calls upon the shareholders of any further siim 
 or sums of money required for the purpose of the preliminary costs and expenses 
 hereinafter mentioned, beyond the deposit of two pounds ten shillings per share 
 so paid as aforesaid, such last-mentioned call or the aggi-egate of such last- 
 mentioned calls not to exceed two pounds ten shillings per share, and the share- 
 holders shall be liable to pay the said last-mentioned call or calls in the same 
 manner as is herein provided in regard to calls made subsequently to the passing 
 of the said Act ; and the London Provisional Committee, for the time being, 
 shall have the same powers, in every respect, of enforcing the payment of the 
 said last-mentioned call or caUs, and of declaring the forfeiture of any shares, and 
 
 VOL. I. 13.\ 
 
 Declaration 
 of transmission 
 otherwise than 
 by transfer. 
 
 Proof of trans- 
 mission by 
 marriage, etc. 
 
 Giving of 
 notice to joint 
 proprietors of 
 shares. 
 
 Receipt for 
 money payable 
 to minor. 
 
 The Company 
 not bomid to 
 regard trust. 
 
 Power to 
 make calls. 
 
 Power to 
 make pro- 
 visional calls.
 
 182 
 
 Interest on 
 call unpaid. 
 
 Payment of 
 BubscrijitioD 
 before call. 
 
 Enforcement 
 of call. 
 
 Declaration in 
 action for call. 
 
 Proof of pro- 
 prietorship. 
 
 Forfeiture of 
 share for non- 
 payment of call 
 
 Notice of 
 
 intended 
 
 forfeitiire. 
 
 Sale of forfeited 
 share. 
 
 Evidence as 
 to forfeiture 
 of ehare. 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 of selling and disposing of such shares in consequence of the non-payment of 
 the same call or calls, as are provided by these Presents, in regard to any call or 
 calls made subsequently to the passing of the said Act of the Colonial Legis- 
 lature 
 
 20. That if before, or on the day appointed for payment, any shareholder do 
 not pay the amount of any call to which he may be liable, then such shareholder 
 shall be liable to pay interes^t for the same at the rate of five pounds per cent, per 
 annum from the day appointed for the payment thereof to the time of the actual 
 payment. 
 
 21. That the Company may, if they think fit, receive from any of the share- 
 holders willing to advance the same, all, or any part of the moneys due upon 
 their respective shares, beyond the sum actually called for ; and upon the principal 
 moneys so paid in advance, or so much thereof as from time to time shall exceed 
 the amount of the calls made upon the shares, in respect of which such advance shall 
 have been made, the Company may pay interest at such rate not exceeding five 
 pounds per cent, per annum, as the shareholder paying such sum in advance and the 
 Company shall agree upon. 
 
 22. That if at the time appointed by the Company for the payment of any 
 call the holder of any share fail to pay the amount of such call, such share- 
 holder may be supd for the amount thereof by or on behalf of the. Company in 
 any Court of Law or Equity, or of both Law and Equity, having competent 
 jurisdiction, and such amount may be recovered, with interest at the rate of five 
 pounds per cent, per annum from the day on which eacli call may have been 
 payable. 
 
 23. That on the trial of any such action, it shall be sufficient to prove that 
 the defendant, at the time of making such call, was a holder of one share or 
 more in th^ Company, and that such call was in fact made, and such notice 
 thereof given, as is directed by these Presents ; and it shall not be necessary to 
 prove the appointment of the Committee who made such call, nor any other 
 matter whatsoever. 
 
 24. That the production of the Eegister Book of Shareholders of the Com- 
 pany shall be prima facie evidence of such defendant being a shareholder, and 
 of the number and amount of his shares. 
 
 25. That if the holder of any share fail to pay a call payable by him in 
 respect thereof, together with the interest if any, that shall have accrued 
 thereon, the London Committee hereinafter mentioned, at any time after the 
 expiration of two months from the day appointed for payment of such call, m.ay 
 declare such share forfeited, and that whether the amount of such call has been 
 sued for by or on behalf of such Company or not. 
 
 26. That before declaring any share forfeited, the London Committee shall 
 cause notice of such intention to be left at the usual or last known place of 
 abode of the person appearing by the Register Book of Shareholders to be the 
 proprietor of such share, and if thf' holder of any such share be in any other 
 country than in England or the Colony of British Guiana, or if the interest in 
 any such share shall be known by the liondon Committee to have become trans- 
 mitted otherwise than by transfer, as hereinbefore mentioned, but a declaration 
 of such transmission shall not have been registered as aforesaid, and so the 
 adflress of the parties to whom the same may have been transmitted shall not 
 be known to the London Committee, such committee shall give public notice of 
 such intention in T'e London Gazette, and also in some daily London newspaper, 
 and the several notices aforesaid shall be respectively given twenty-one days at 
 least before the London Committee shall make such declaration of forfeiture. 
 
 27. That immediately or at any time after such declaration of forfeiture, the 
 London Committee may soil the forfeited shares either by public auction or 
 private contract, and if Ihero be more than one such forfeited share, then either 
 separately or together, as to them shall seem meet, and any shareholder may 
 purchase any forfeited share so sold. 
 
 28. That a declaration in writing by some credible person, not interested 
 in the matter, made before any Justice of the Peace, or before any Master or 
 Master Extraordinary in the High Court of Chancery, or a Notaiy Public in 
 England, or a Judge of one of the Inferior Courts, or a Justice of the Peace, or a
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 183 
 
 stipendiary Magistrate, or a Notary Public in the said Colony of British Guiana, 
 that the call in respect of a share was made and notice thereof given, and that 
 default in payment of the call was made, and that the forfeiture of the share was 
 declared in manner hereinbefore required, shall be sufBcient evidence of the facts 
 therein stated, and such declaration, and the receipt of the Secretary or bankers of 
 the Company for the price of such share, shall constitute a good title to such share ; 
 and thereupon such purchaser shall bo deemed the holder of such share, discharged 
 from all calls made prior to such purchase, and a certificate of proprietorship shall 
 be delivered to such jjurchaser, and he shall not be bound to see to the application 
 of the purchase money, nor shall his title to such share be affected by any 
 irregularity in the proceedings in reference to any such sale. 
 
 29. That it shall be lawful for the Company to borrow on mortgage or bond Power to the 
 such sums of money as shall, from time to time, by an order of a general meeting Company to 
 of the Company, be authorized to bo borrowed ; and for securing the repayment do^tow money, 
 of the money so borrowed with interest, to mortgage the undertaking and the 
 
 future calls on the shareholders, or to give bonds in manner hereinafter men- 
 tioned. 
 
 30. That if after having borrowed any part of the money so authorized to be Power to 
 borrowed on mortgage or bond, the Company shall pay oiS the same, it shall be lawful re-borrow, 
 for them again to borrow the amount so paid off, and so from time to time ; but 
 
 such power of reborrowing shall not be exercised without the authority of a general 
 meeting of the Company, unless the money be so reborrowed in order to pay off any 
 existing mortgage or bond, 
 
 31. That a copy of the order of a general meeting of the Company authorizing Evidence of 
 the borrowing of any money, certified by one of the London Committee, or by the authority for 
 Secretary of the Company, to be a true copy, shall be sufficient evidence of the fact borrowing, 
 of the order for borrowing money having been made. 
 
 Form and 
 execution of 
 bond and 
 moi-tgage. 
 
 32. That every bond and mortgage for securing the repayment of money borrowed 
 by the Company shall be under the common seal of the Company, that every bond 
 may be in any form to bo determined or approved of by the London Committee, 
 and that every mortgage pledging or affecting the undertaking shall be passed and 
 executed in the said Colony in consonance with the laws, customs, and usages of 
 the said Colony. 
 
 33. That every such mortgage passed and executed in the said Colony shall rank 
 prior and preferent to every bond granted or executed by the Company, and shall 
 be entitled to the rank and priority of its date, and shall, in respect of the obliga- 
 tions and liabilities of the mortgagors and property mortgaged, and to the rights 
 and privileges of the mortgagees and holders of the mortgatfo, Tje subject to and 
 governed by the laws of the said Colony. 
 
 34. That no such mortgage (although it should comprise Ktuio ciUs on the 
 shareholders) shall, unless expressly so provided, preclude the Company from 
 receiving and applying to the purposes of the Company any calls to be made by the 
 Company. 
 
 35. That the respcclive obligees in such bonds shall proportionally, accordingly to 
 the amount of the moneys secured thereby, be entitled to be paid out of the tolls or 
 other property or effects of the Company, tha respective sums in such bonds men- 
 tioned, and thereby intended to be secured, without any preference one above 
 another by reason of priority of date of any such bond, or of the meeting at which 
 the same was authorized, or otherwise howsoever. 
 
 36. That a Register of Mortgages and Bonds shall be kept by the Secretary, and 
 within fourteen days after the date of any such mortgage or bond, an entry or 
 memorial, specifying the number and date of such mortgage or bond, and the sums 
 secured thereby, and the names of the parties thereto, with their proper additions, 
 shall be made in such register, and such register may bq perused at all reasonable 
 times by any of the shareholders or by any mortgagee or bond creditor of the Com- 
 pany, or by any person interested in any such mortgage or bond, without fee or 
 reward. 
 
 37. That any party entitled to any such mortgage or bond may, from time to Forms of 
 time, transfer his right and interest therein to any other person, and such transfer of 
 transfer may be in any form to be determined or approved of by the London mortgages 
 Committee. 
 
 Ranking of 
 mortgage, etc. 
 
 Application of 
 calls notwith- 
 standing 
 mortgage. 
 
 Rights of 
 obligees. 
 
 Register of 
 Morti^ages 
 and Bonds. 
 
 and bonds.
 
 184 
 
 No. S.] THE LA WS OF BRITISH GUIANA : [A.D. 1846. 
 
 Transfer of 
 mortgages 
 and bonds to be 
 registered. 
 
 PajTnent of 
 interest on 
 money 
 borrowed. 
 
 RepajTnent of 
 money 
 
 borrowed at a 
 time fixed. 
 
 Repayment of 
 money bor- 
 rowed where 
 no time fixed. 
 
 Interest to 
 cease on expira- 
 tion of notice 
 to pay ofi' 
 mortgage or 
 bond. 
 
 Power to 
 convert loan 
 into capital. 
 
 New shares 
 to lie con- 
 sidered same as 
 original shares. 
 
 If old shares 
 at premium, 
 new shares to 
 be ofl'ered to 
 shareholders. 
 
 38. That, within thirty days after the date of every such transfer, if executed 
 within the United Kingdom, or otherwise within thirty days after the arrival thereof 
 in the United Kingdom, it shall be produced to the Secretary, and thereupon the 
 Secretary shall cause an entry or memorial thereof to be made iii the same manner 
 as in the case of the original mortgage or bond, and after such entry every such 
 transfer shall entitle the transferee to the full benefit of the original mortgage or 
 bond in all respects, and no party having made such transfer shall have power to 
 make void, release, or discharge the mortgage or bond so transferred, or any money 
 thereby secui'ed, and for such entry the Company may demand a sum not exceeding 
 the sum of two shillings and sixpence, and until such entry the Comjjany shall 
 not be in any manner responsible to the transferee in respect of such mortgage or 
 bond. 
 
 39. That the interest of the money borrowed upon any such mortgage or bond 
 shall be paid at the periods appointed in such mortgage or bond, and if no period be 
 appointed, half-yearly to the several parties entitled thereto, and in preference to 
 any dividends payable to the shareholders of the Company. 
 
 40. That the Company may, if they think proper, fix a period for the repayment 
 of the principal money so borrowed, with the interest thereof, and in such case the 
 Company shall cause such period to be inserted in the mortgage deed or bond, and 
 upon the expii-ation of such period the principal sum, together with the arrears of 
 interest thereon, shall, on demand, be paid to the party entitled to such mortgage or 
 bond, and if no other place of payment be inserted in such mortgage deed or bond, 
 such principal and interest shall be payable at the principal Office or place of 
 business of the Company in London or Westminster. 
 
 41. That if no time be fixed in the mortgage deed or bond for the re-payment of 
 the money so borrowed, the party entitled to the mortgage or bond may at the 
 expiration, or any lime after the expiration, of twelve months from the date of such 
 mortgage or bond, demand payment of the principal money thereby secured, with 
 all arrears of interest, upon giving six months' previous notice tor that purpose, and 
 in the like case the Company may at any time pay off the money borrowed on giving 
 the like notice, and every such notice shall be in writing or print, or both, and if 
 given by a mortgagee or bond creditor shall be delivered to the Secretary, or left at 
 the principal Office of the Company in London or Westminster, and if given by the 
 Company, shall be given either personally to such mortgagee or bond creditor, or 
 left at his residence, or if such mortgagee or hond creditor be unknown to the 
 London Committee, or cannot be found after diligent inquiry, such notice shall be 
 given by advertisement in The Loudon Gazette, and also in some daily London 
 newspaper. 
 
 42. That if the Company shall have given notice of their intention to pay off 
 any such mortgage or bond at a time when the same may lawfully be paid off by 
 them, then, at the expiration of such notice, all further interest shall cease to be 
 payable on such mortgage or bond, unless, on demand of payment made pursuant to 
 such notice, or at any time thereafter, the Company shall tail to pay the principal 
 and interest due at the expiration of such notice on such mortgage or bond. 
 
 43. That it shall be lawful for the Company if they think fit, to raise the 
 additional sum from time to time required by them for the purpose of the said under- 
 taking or any part thereof, by creating new shares of the Company instead of 
 borrowing the same, or having borrowed the same, to continue at interest only a 
 part of such additional sum, and to raise part thereof by creating new shares, but no 
 such augmentation of capital as aforesaid shall take place without the previous 
 authority of a general meeting of the Company. 
 
 44. That the capital so to be raised by the creation of new shares shall be con- 
 sidered as part of the general capital, and shall be subject to the same provisions in 
 all respects, whether with reference to the payment of calls or actions for the 
 recovery of calls, or the forfeiture of shares on non-payment of calls or otherwise, 
 as if it had been part of the original capital, except as to the times of making calls 
 for such additional capital, and the amount of such calls which, respectively, it shall 
 be lawful for the London Committee from time to time to fix as they shall think tit. 
 
 45. That if at the time of any such augmentation of capital taking place by the 
 creation of new shares, the then existing shares be at a premium or of greater actual 
 value than the nominal value thereof, then the sum so to be raised shall be divided 
 into shares of such amount as will conveniently allow the same to be apportioned 
 among the then shareholders, in proportion to the existing shares held by them
 
 A.I). 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 185 
 
 respectively, and such new shares shall be offered to the then shareholders in the 
 proportion aforesaid, and siuh offer shall be made by letter under the hand of the 
 Secretary or oth(!r officer of the Company, given to or sent by post addressed to each 
 shareholder, according to his address in the Shareholders' Address Book, or left at 
 his usual or last known place of abode. 
 
 46. That the said new shares shall vest in and belong to the shareholders, who 
 shall accept the same and pay Ihe value thereof to the Company, at the time and by 
 the instalments which shall be fixed by the London Committee ; and if any share- 
 holder fail, for thirty days after such offer of new shares, to accept the same and pay 
 the iiiatahneuts called for in respect thereof, it shall be lawful for the London Com- 
 mittee to dispose of such shares in such manner as they shall deem most for the 
 advantage of the Company. 
 
 47. That if, at the time of such augmentation of capital taking place, the existing 
 shares be not at a premium, then such new shares may be of such amount, and may 
 be issued in such manner and on such terms, as the London Committee shall 
 think fit. 
 
 Shares to vest 
 in parties 
 accepting, 
 otherwise to 
 be disposed of 
 hy tlie London 
 Committee. 
 
 If old shares 
 not at premium, 
 new shares to 
 he issued as 
 the London 
 Committee 
 think fit. 
 
 Power to 
 consolidate 
 shares into 
 stock. 
 
 Right of pro- 
 prietors of stock 
 to transfer 
 same. 
 
 48. That it shall be lawful for the Company, from time to time, with the consent 
 of three-fifths of the votes of the shareholders present, in person or by proxy, at any 
 general meeting of the Company, when due notice for that purpose shall have been 
 given, to convert or consolidate all or any part of the shares then existing in the 
 capital of the Comjmny, and in respect whereof the whole money subscribed shall 
 have been paid up, into a general capit il stock, to be divided amongst the share- 
 holders according to their respective interests therein. 
 
 49. That after such conversion or consolidation shall have taken place, all the 
 provisions contained in these Presents which require or imply that the capital of the 
 Company shall be divided into shares of any fixed amount, and distinguished by num- 
 bers, shall, as to so much of the capital as shall have been so converted or consolidated 
 into stock, cease and be of no effect and the several holdei's of such stock may thenceforth 
 transfer their respective interests therein, or any part of such interests, in the same 
 manner, and subject to the same regulations and provisions as, or according to which 
 any shares in the capital of the Company might be transferred, under the provisions 
 hereinbefore contained, and the Company shall cause an entry to be made in some 
 book, to be kept for that purpose, of every such transfer, and for every such entry 
 they may demand any sum not exceeding two shillings and sixpence. 
 
 50. That the Company shall from time to time cause the names of the several 
 parties who may be interested in any such stock as aforesaid, with the amount of 
 interest therein possessed by them respectively, to be entered iti a book to ba kept 
 for that purpose, and to be called the " Itegister of Holders of Consolidated Stock," 
 and such book shall he accessible at all reasonable times to the several holders of 
 shares or stock in the undertaking. 
 
 51. That the several holders of such stock shall be entitled to participate in the 
 dividends and profits of the Company according to the amount of their respective 
 interests in such stuck, and such interest shall, in proportion to the amount thereof, 
 confer on the holders thereof the same privileges and advantages for the purpose of 
 voting at meetings of the Company, qualification for the office of member of 
 Committee, and for other purposes, as would have been confen-ed by shares of equal 
 amount in the capital of the Company, but so that no such privileges or advantages 
 except the participation in the dividends and profits of the Company, shall be 
 conferred by any aliquot part of such amount of consolidated stock as would not, 
 if existing in shares, have conferred such privileges or advantages I'espectively. 
 
 52. That all the money raised by the Company, whether by subscriptions of the 
 shareholders, or by loan, or otherwise, shall be applied, firstly, in paying the costs 
 and expenses incurred, or to be incurred, in preparing and executing these Presents 
 or incident thereto, and all expenses preparatory or relating thereto, or in, or about, 
 or incident to the formation of the said Company, or the promotion of the said 
 undertaking, or the applying for and obtaining such Act of the Colonial Legislature 
 of British Guiana as aforesaid ; and, secondly, in carrying the purposes of the 
 Company into execution. 
 
 54. 'That the first general meeting of the shareholders of the Company shall be Orduiai^ 
 held in the month of April next, in case such Act of the Colonial Legislature of meetings to be 
 
 Register of 
 Holders of 
 Consolidated 
 Stock. 
 
 Proprietors of 
 stock entitled 
 to dividends. 
 
 Application of 
 capital. 
 
 As to Ai-ticle 53, see s. 4 of the Ordinance.
 
 186 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [ A.D. 1846. 
 
 held half- 
 yearly. 
 
 Business at 
 
 ordinary 
 
 meetings. 
 
 Extraordinary 
 meetings. 
 
 Business at 
 
 extraordinary 
 
 meetings. 
 
 Power to 
 shareholders 
 to requii'e 
 extraordinary 
 meeting. 
 
 Notice of 
 meeting. 
 
 Quorum 
 for general 
 meeting. 
 
 Chairman 
 at general 
 meeting. 
 
 Adjourned 
 meeting. 
 
 Votes of, 
 shareholders. 
 
 British Guiana, as aforesaid, shall have been then obtained, or otherwise, as soon 
 after such Act shall have been obtained as the London Committee may deem advisable 
 and shall appoint, and the future general meetings shall be held in the month of 
 April and the month of October in each year, and the meetings so appointed to be 
 held as aforesaid shall be called " Ordinary Meetings.' 
 
 55. That no matters, except such as are hereby appointed to be done at an 
 ordinary meeting, shall be transacted at any such meeting, unless special notice of 
 such matters shall have been given in the advertisement convening such meeting. 
 
 56. That every meeting of the shareholders other than an ordinary meeting shall 
 be called an " Extraordinary Meeting," and such meetings may be convened by the 
 London Committee at such times as they may think fit.! 
 
 57. That no extraordinary meeting shall enter upon any business not set forth 
 in the requisition or in the notice by which it shall have been convened. 
 
 58. That it shall be lawful for ten or more shareholders, holding in the aggregate 
 at least one thousand shares, by writing under their hands, at any time to require 
 the London Committee to call an extraordinary meeting of the Company, and such 
 requisition shall fully express the object of the meeting required to be called, and 
 shall be left at the office of the Company in London or Westminster, or given to at 
 least thi-ee members of the London Committee, or left at their last or usual places of 
 abode in England, and forthwith upon the receipt of such requisition the London 
 Committee shall convene a meeting of the shareholders, and if for seven days after 
 such notice the London Committee fail to call such meeting, the said number of 
 shareholders, qualified as aforesaid, may call such meeting by giving twenty-eight 
 days public notice thereof. 
 
 59. That fourteen days public notice at the least of all meetings, whether 
 ordinary or extraordinary, shall be given by advertisement, which shall specify 
 the place, (being some convenient place ^ in the City of London or the City of 
 Westminster, to be fixed from time to time by the London Committee,) the day and 
 the hour of meeting ; and every notice of an extraordinary meeting or of an 
 ordinary meeting, if any other business than the business hereby appointed for 
 ordinary meetings is to be done thereat, shall specify the purpose for which such 
 meeting is called. 
 
 60. That in order to constitute , a meeting (whether ordinary or extraordinary), 
 there shall be present, either personally or by proxy, fifteen or more shareholders, 
 holding in the aggregate five hundred shares, and the shareholders present at any 
 such meeting shall proceed in the execution of the powers of the Company with 
 respect to the matters for which such meeting shall have been convened, and to 
 those only ; and if within an hour from the time appointed for sach meeting, the 
 said number of shareholders, qualified as before, be not present, no business shall 
 be transacted at the meeting, but the same shall be held to be adjourned. 
 
 61. That at every meeting of the Company one or other of the following 
 persons shall preside as Chairman, that is to say, the Chairman of the London 
 Committee, or in his absence, the Deputy Chairman, or in the absence of both 
 the Chairman and Deputy Chairman, some member of the London Committee, 
 to be chosen for that purpose by the meeting, or in the absence of the Chairman 
 and Deputy Chairman, and of all the other members of the London Committee, 
 any shareholder to be chosen for that purpose at such meeting. 
 
 62. That every meeting of the shareholders may be adjourned from time to 
 time, and no business shall be transacted at any adjourned meeting other than 
 the business left unfinished at the meeting from which such adjournment took 
 place. 
 
 63. That at all general meetings of the Company, every shareholder shall be 
 entitled to vote according to the scale of voting hereinafter mentioned, that is 
 to say, every shareholder possessing any number of shares not exceeding five 
 shall have one vote in respect of each share, and every shareholder possessing 
 more than five shares, but not exceeding fifty shares, an additional vote for every 
 five of such shares exceeding five shares, but no shareholder shall be entitled to 
 more than fourteen votes : Provided always that no shareholder shall be entitled 
 
 I See Ordinance No. 3 of 1855 «. 3.
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 187 
 
 to vote at any meeting, unless he shall have paid all the calls then payable upon the 
 shares held by him. 
 
 64. That such votes may be given either personally or by proxies, being Manner of 
 shareholders, authorized by writing according to a form to be prescribed by the votuin. 
 London Committee for that purjiose, under the hand of the shan^holder nomi- 
 nating such proxy, and every proposition at any such meeting shall be deter- 
 mined by the majority of votes of the jjarties present, including proxies, the 
 chairman of the meeting being entitled to vote, not only as a principal or proxy, 
 
 but to have a casting vote if there be an equality of votes. 
 
 65. That no person shall be entitled to vote as a proxy unless the instrument Regulations as 
 appointing such proxy have been transmitted to the Secretary of the Company to proxies, 
 three days before the holding of the meeting at which such proxy is to be used. 
 
 66. That if several persons be jointly entitled to a share the person whose Votes of joint 
 name stands first in the Register of Shareholders as one of the holders of such shareholders, 
 share shall, for the purpose of voting at any meeting, be deemed the sole pro- 
 prietor thereof, and on all occasions the vote of such first-named shareholder, 
 
 either in person or by proxy, shall be allowed as the vote in respect of such 
 share without proof of the concurrence of the other Ixolders thereof. 
 
 67. That if any shareholder be a lunatic or idiot such lunatic or idiot may 
 vote by his committee or curator, and if any* shareholder be a minor he may 
 vote by his guardian or any one of his guardians, and every such vote may be 
 given either in person or by proxy; 
 
 68. That the general direction and management of the affairs of the Com- 
 pany (subject only to the control of general meetings) shall be and remain vested 
 in ;i committee of not less than nine ^ shareholders resident in England, and to 
 be styled " The London Committee," and that the local direction and manage- 
 ment of such affairs in the said Colony of British Guiana, (subject to the abso- 
 lute control in all things of the said London Committee,) shall be and remain 
 vested in a committee of nine ' shareholders resident in the said Colony, and to 
 be styled " The Demerara Committee," ; and that the said Charles Cave, 
 Michael M'Chlery, Henry Barkly, Sir James Egbert Carmichael, George 
 Anderson, James Brand, Henry Davidson, George Labalmondiere, and 
 Thomas Naghten shall be the first members of the London Committee ; 
 and John Croal, Peter Eose, James Thomas White, Henry Edward Fox 
 YoxjNG, William Brand, William Davidson, George Henry Loxd.4Le, 
 Duncan Macdonald and Thomas Porter, the younger, all of Demerara, 
 Esquires, or such of them as shall be willing to accept the office, shall 
 be the first members of the Demerara Committee, and that in the meantime, 
 until the said intended Act shall be obtained, the said persons hereinbefore 
 named as the first London Committee shall be and continue a general pro- 
 visional committee ; and the said persons hereinbefore named as the first 
 Demerara Committee, or such of them as shall be willing to act, shall be and 
 continue, (subject nevertheless, to the absolute control, in all things, of the said 
 London provisional committee,) a local provisional committee for promoting the 
 said undertaking, and the objects of the said intended Company, as expressed in 
 these Presents, and the provisions hereinafter contained relative to the said London 
 and Demerara Committees respectively shall be deemed and construed to extend 
 (so far as the same may be applicable, and except as to the retirement from office of 
 old, and the election of new members of Committee) to the said pro-visional Com- 
 mittees respectively. 
 
 69. That the members of Committee hereinbefore appointed shall continue in 
 office until the first ordinary meeting to be held after the said intended Act shall 
 have been obtained, and at such meeting the shareholders present, personally or by 
 proxy, may either continue in office the members of Committee hereinbefore 
 nominated, or may elect new Committees, the members of Committee hereinbefore 
 nominated being eligible as members of such new Committees, and at the first 
 ordinary meeting to be held every year thereafter the shareholders present, 
 personally or by proxy, shall elect persons to supply the places of the members of 
 Committee then retiring from office, agreeable to the provisions hereinafter 
 contained, and the several persons elected at any such meeting, being neither 
 removed nor disqualified, nor having resigned, shall continue to be members of 
 Committee until others are elected in their stead as hereinafter mentioned. 
 
 Votes of 
 lunatics and 
 minors. 
 
 Committees of 
 direction of 
 the Company. 
 
 Election of 
 future members 
 of Committee. 
 
 As to these numbers, see Ordinance No. 1 of 1849 s 6.
 
 188 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. lS46. 
 
 Power to 
 increase the 
 London 
 Committee to 
 twelve. 
 
 Qualification of 
 members of 
 Committee. 
 
 Failure of 
 meeting for 
 election of 
 members of 
 Committee. 
 
 Rotation of 
 members of 
 Committee 
 first appointed. 
 
 Pennanent 
 rotation of 
 members of 
 Committee. 
 
 Vacation of 
 office by 
 member of 
 Committee. 
 
 Supply of 
 occasional 
 vacancies in 
 Committee. 
 
 70. That it shall 1)8 lawful for the Company, from time to time, in general 
 meeting, after due notice for that purpose, to increase the number of members of the 
 London Committee to twelve, and to determine the order of rotation in which such 
 increased number shall go out of office. 
 
 71. That no person shall be capable of being a member of Committee unless he 
 be a shareholder possessed of twenty shares, and that no person holding an office or 
 place of trust or profit under the Company, or interested in any contract with the 
 Company, shall be capable of being a member of Committee, ami that no member 
 of Committee shall be capable of accepting any other office, or any place of trust 
 or profit, under the Company, or of being interested in any contract with the 
 Company during the time he shall be a member of Committee : Provided always 
 that nothing herein contained shall disqualify any banker of the Company from 
 becoming or acting as a member of Committee, or shall prevent any member of 
 Committee from becoming or acting as such banker. 
 
 72. That if at any meeting at which an election of members of Committee ought 
 to take place, fifteen shareholders, holding in the aggregate five hundred shares, 
 shall not be present, either personally or by proxy, within one hour from the time 
 appointed for the meeting, no election of new Committees or re-election of existing 
 Committees shall be made, nor shall any business be transacted, but in such 
 case, at the expiration of fourteen days from the day of such intended meeting, 
 another meeting shall be held at the same place ; and if at such other meeting the 
 said number of shareholders so qualified as aforesaid be not present, personally or 
 by proxy, within one hour from the time fixed for the meeting, such meeting 
 shall stand adjourned to the following day, at the same hour and place ; and 
 if at the meeting so adjourned the said number of shareholders so qualified as 
 aforesaid be not present within one hour from the time appointed for the 
 meeting, the existing Committees shall continue to act and retain their powers 
 until new Committees be appointed at the first ordinary meeting of the following 
 year. 
 
 73. That the members of Committee hereinbefore nominated and continued in 
 office as aforesaid, or the members of Committee elected to supply their places as 
 aforesaid, shall retire from office at the times and in the proportions following, the 
 individuals to retire being, in each instance, determined by ballot among the 
 members of Committee, that is to say, at the end of the first year, after the first 
 election of members of Committee, three of such members of each of the said London 
 and Demerara Committees shall go out of office ; at the end of the second year, 
 three of the remaining number of such members of each Committee shall go out 
 of office ; and at the end of the third year, the remainder of such members of 
 each Committee shall go out of office ; and, in each instance, the places of the 
 retiring members of Committee shall be supplied by an equal number of share- 
 holders qualified as aforesaid. 
 
 74.^ That at the first ordinary meeting in every subsequent year three of the 
 members of each Committee, being those who have been longest in office, shall go 
 out of office and cease to be members of Committee, and their places shall_ be 
 supplied in like manner ; nevertheless every member of committee so retiring 
 from office may be re-elected immediately, or at any future time, and after such 
 re-election shall, with reference to the going out by rotation, be considered as a 
 new member of Committee. 
 
 75. That if any of the members of Committee, at any time subsequently to his 
 election, accept or continue to hold any other office, or any place of trust ot profit, 
 under the Company, save and except only that of banker, or be either directly or 
 indirectly concerned in any contract with the Company, or participate in any 
 manner in the profits of any work to be done for the Company, or if such member of 
 Committee at any time cease to be a holder of twenty shares of he Company, then 
 in any one of the cases aforesaid the office of such member of Committee shall 
 become vacant, and thenceforth the person in respect of whom the office of member 
 of Committee shall so have become vacant shall cease from voting or acting as a 
 member of Committee. 
 
 76. That if any member of either of the said two Committees shall die, or 
 decline to act, or shall resign or become disqualified or incompetent to act as a 
 member of Committee, or cease to be a member of Committee by any other cause 
 than that of going out of office by rotation as aforesaid, the remaining members of 
 
 1 See Ordinance No. 1 of 1849 s. 6,
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 189 
 
 such Committee, if they think proper so to do, may elect in his place some other 
 shareholder, duly qualified to be a member of such Committee, and the shareholder 
 80 elected to fill up any such vacancy shall continue in olHce as a member of Committee 
 so long only as the person in whose place hu shall liave been elected would have 
 been entitled to continue if he had remained in office. 
 
 77. 'Ihat the London Committee^ shall have the general management and 
 superintendence, and the Demerara Committee the local management and superin- 
 tendence in the said Colony of British Guiana, subject nevertheless, as hereinafter 
 mentioned, of the affairs of the Company ; and each of them, the said Committees, 
 may lawfully exercise all the powers of the Company, except as to such mattiTS as 
 are hereby directed to be transacted by the other of such Committees, or by a 
 general meeting of the Company, and except that the said London Committee shall 
 have power, from time to time, (subject only to the control of general meetings,) to 
 define, diminish, modify, or alter the powers and duties of the said Demerara 
 Committee ; and, amongst other powers to be exercised by the respective Committees, 
 the London Committee may appoint, and from time to time suspend or remove any 
 of the officers of the Company, and may fix, and, from time to time, alter and vary, 
 the salaries of all officers (except the salaries of themselves), and may also fix, and 
 from time to time alter and vary, the remuneration of the members of the Demerara 
 Committee, and may make and enforce the calls upon the shares of the respective 
 shareholders, and may declare the forfeiture of all shares on which such calls are 
 not duly jxiid ; and the London Committee (and also the Demerara Committee, 
 sul)ject to the sanction and approbation of the London Committee) may enter into 
 contracts for the execution of the works of the Company : and for all other matters 
 necessary for the transaction of its affairs, and may purchase the lands and other 
 property which the said intended Act may authorize to be taken by the Company, 
 and sell such parts thereof as may not be required for the purposes of the Company ; 
 and the London Committee may fix the tolls to be taken by the Company, and may 
 make by-laws for the regulation of the affairs of the Company ; but all the powers 
 so to be exercised shall be exercised in accordance with, and subject to the provisions 
 of these Presents and of the said intended Act in that behalf ; and the exercise of 
 all such powers shall be subject also to the control and regulation of any general 
 meeting specially convened for the purpose, but not so as to render invalid any act 
 done by either of the said Committees prior to any resolution passed by such general 
 meeting. 
 
 78. That the following powers of the Company, that is to say, the choice and 
 removal of members of the London Committee, the choice of members of the 
 Demerara Committee, the choice and removal of auditors, the determination as to 
 the remuneration of the members of the London Committee and of the auditors, 
 and the declaration of dividends, shall be exercised only at a general meeting of 
 the Company. 
 
 79. That each of the said London and Demerara Committees shall hold meetings 
 at such times, and the said London Committee in such place'' in the City of London 
 or the City of Westminster, and the said Demerara Committee at such place in 
 Georgetown aforesaid, as they shall respectively appoint for the purpose ; and they 
 may meet and adjourn as they think proper from time to time and from place to 
 place ; and at any time any three of the members of either Committee may call a 
 meeting of such Committee, and in order to constitute a meeting of either Com- 
 mittee there shall be present at the least three '^ of the Committee, and all questions, 
 matters, and things considered at any such meeting shall be determined by a 
 majority of votes, and no member of Committee, except the Chairman, shall have 
 more than one vote at any such meeting, and if there be an equal division of votes 
 upon any subject entertained by such meeting, the Chairman, in addition to his 
 vote as one of the Committee, shall have a casting vote as Chairman. 
 
 80. That at the first meeting of each of the said two Committees held after the 
 passing of the said intended Act, and at the first meeting of each of such Committees 
 held after such annual appointment of members of Committee as before pro- 
 vided, the members of Committee present at such meeting shall choose one of 
 their body to act as Chairman, and another to act as Deputy Chairman of 
 the Committee for the year following such choice, and if the Chairman or 
 Deputy Chairman die, or resign, or cease to ' be a member of Committee, or 
 otherwise become disqualified to act, the members of Committee present at the 
 meeting next after the occurrence of such vacancy shall choose some other member 
 
 Powers of 
 the Coinpaiiy 
 exercisiihle by 
 Conuiiittees. 
 
 Powers of the 
 Company not 
 exercisable by 
 Committees, 
 
 Meetings of 
 Committees. 
 
 Permanent 
 Chairmen of 
 Connuittees. 
 
 1 See Ordinance No. 3 of 1855 s. 2. 
 » See Ordinance No. 3 of 1855 s. 3. 
 
 s See Ordinance No. 1 of 1819 s. 4.
 
 190 
 
 No. 2.] THE LA WS OF BRITISH GUIANA . [A.D. 1846. 
 
 of the Committee to fill such vacancy, and every such Chairman or Deputy Chair- 
 man so to be elected as last aforesaid, shall continue in oHice so long only as the 
 person in whose place he may be so elected would have been entitled to continue if 
 such death, resignation, removal, or disqualification had not happened. 
 
 Occasional 
 Chamnen of 
 Coininittees. 
 
 Sub-com- 
 niittees, and 
 powers of such 
 sub-com- 
 mittees. 
 
 Meetings 
 of sub-com- 
 mittees. 
 
 Enti-j' of 
 proceedings in 
 books, and right 
 of inspection 
 thereof. 
 
 Informalities in 
 appointment of 
 member of 
 Conmiittee, not 
 to invalidate 
 proceedLngs. 
 
 Indemnity of 
 members of 
 Committee. 
 
 Election of 
 auditors. 
 
 81. That if at any meeting of either of the said two Committees neither the Chair- 
 man nor the Deputy Chairman shall he present, the members of such Committee 
 present shall choose one of their number to be chairman of such meeting. 
 
 82. That either of the said two Committees may appoint one or more sub- 
 committees, consisting of such number of members of the same Committee as they 
 think fit, and may grant to any such sub-committee power, on behalf of the Com- 
 pany, to do any acts relating to the Railway or the affairs of the Company which the 
 Committee appointing such sub-committee might have done, and shall, from time to 
 time, think proper to entrust to such sub-committee, (except to make calls for money 
 upon the shareholders). 
 
 83. That such sub-committees may meet from time to time, and may adjourn 
 from place to place, as they think proper, for carrying into effect the purposes of 
 
 . their appointment, and no such sub-committee shall exercise the powers entrusted to 
 them except a meeting at which there shall be present two of its members, and at all 
 meetings of the sub-committees, one of the members present shall be appointed 
 chairman, and all questions at any meeting of the sub-committee shall be deter- 
 mined by a majority of the members present, and in case of an equal division of 
 votes the chairman shall have a casting vote in addition to his own vote as a member 
 of such sub-committee. 
 
 84. That the said London Committee shall cause notes, minutes, or copies (as the 
 case may require) of all appointments made, or contracts entered into, by such 
 Committee, and of the orders and proceedings of all meetings, as well ordinary as 
 extraordinary, of the Company, and of the same Committee, and of every sub-com- 
 mittee thereby appointed, to be duly entered in books to be, from time to time, 
 provided for the purpose ; and the said Demerara Committee shall also cause notes, 
 minutes or copies (as the case may require) of all appointments made or contracts 
 entered into, or conditionally entered into, by such last-mentioned Committee, and 
 of the orders and proceedings of all meetings of such Committee, and of every sub- 
 committee thereby appointed ; and all such books shall be kept under the superin- 
 tendence of, and at such place or respective places as may be appointed by the 
 London Committee, and every such entry as aforesaid shall be signed by the 
 Chairman of the meeting at which the matter in respect of which such entry is 
 made, was moved or discussed, and such entry so signed shall, as between the 
 members of the Company, be evidence in all Courts, and before all Judges, Justices, 
 and others, without proof of such respective meetings ha^dng been duly convened, 
 or of the persons making or entering such orders or proceedings being shareholders 
 or members of Committee, or of the signature of the Chairman, all of which last- 
 mentioned matters shall be presumed, and all such books shall, at all reasonable 
 times, be open to the inspection of any of the shareholders. 
 
 85. That all acts done by any meeting of either of the said two Committees, or 
 of any sub-committee, or by any person acting as a member of Committee, shall, 
 notwithstanding it may be afterwards discovered that there was some defect or error 
 in the appointment of any person attending such meeting as a member of Committee, 
 or acting as aforesaid, or that such person was disqualified, be as valid as if such 
 person had been diily appointed and was qualified to be a member of Committee. 
 
 86. That the members of each Committee, and their respective heirs, executors, 
 and administrators, shall be indemnified out of the capital of the Company for all 
 payments made, or liability incurred, in respect of any acts done, or contracts or 
 engagements entered into, by them, and for all losses, costs, charges, damages, and 
 expenses which they may incur, or become liable to, in or by reason of the execution 
 of the powers granted to them ; and the London Committee for the time being of 
 the Company shall apply the existing funds and capital of the Company for the 
 purposes of such indemnity, and shall, if necessary for that purpose, and either 
 before or after the passing of the said Act, make calls of the capital remaining 
 unpaid. 
 
 87. That the Company shall, at the first ordinary meeting held after the said 
 intended Act shall have been obtained, elect two auditors, and at every subsequent 
 ordinary meeting held in the month of April elect an auditor in the room of the one 
 retiring, as hereinafter mentioned, in like manner as is provided for the election of
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 191 
 
 members of Committee, and every auditor bo elected being neither removed nor 
 disqualified, nor having resigned, shall continue to be an auditor until another be 
 elected in his stead. 
 
 88. That every auditor shall have at least the same number of shares as shall be Qualification of 
 reriuired to qualify a member of Committee, elected by the Company, and he shall auditors, 
 not hold any office in the Company, nor be in any other manner interested in its 
 concerns, except as a shareholder. 
 
 89. That one of such auditors (to be determined in the first instance between 
 themselves and afterwards by seniority,) shall go out of office at the end of every 
 year, but the auditor so going out shall be immediately re-eligible, and after any 
 such re-election shall, with respect to the going out of office by rotation, be deemed 
 a new auditor. 
 
 90. That if any vacancy take place among the auditors in the course of the 
 cuiTcnt year, then at any general meeting of the Company the vacancy may, if the 
 Company think fit, be supplied by election of the shareholders. 
 
 91. That the provision herein contained respecting the failure of an ordinary 
 meeting, at which members of Committee are to be chosen, shall apply to any 
 ordinary meeting at which an auditor is to be appointed. 
 
 92. That it shall be the duty of such auditors to receive from the London Com- 
 mittee the half-yearly or other periodical accounts and balance sheet required to be 
 presented to the shareholders, and examine the same. 
 
 93. That for the above i)urpose, such auditors may employ such accountants and 
 other persons as they may think proper, at the expense of the Company, and they 
 shall either make a special report on the said accounts, or simply comfirm the same, 
 and such report or comfirmation shall be read, together with the reports of the 
 respective Committees, at the ordinary meeting. 
 
 94. That the London Committee shall deliver to such aiiditors the half-yearly 
 or other periodical accounts and balance sheet, fourteen days at the least before the 
 ensuing ordinary meeting at which the same are required to be produced to the 
 shareholders, as hereinafter provided. 
 
 95. That the remuneration of the members of the London Committee and auditors 
 shall from time to time be fixed by a general meeting of the Company. 
 
 96. That the London Committee may at any time suspend or altogether remove 
 any member of the Demerara Committee, or any officer of the Company, not being a 
 member of the London Committee, from his office ; and in case of any such removal 
 of a member of the Demerara Committee, the vacancy occasioned by such removal 
 shall, from time to time, be supplied in the. same manner as is hereinbefore 
 provided with regard to a vacancy occasioned in such Committee by death or 
 resignation ; but, in the meantime, until such vacancy shall be supplied, or during 
 the period of such suspension, the acts of the remaining members of the said 
 Demerara Committee, or a quorum of such members, shall be as valid as if no such 
 suspension or removal had taken place. 
 
 97. That before any person entrusted with the custody or control of moneys, 
 whether collector or other officer of the Company, shall enter upon his office, the 
 London Committee shall take sufficient security from him for the faithful execution 
 of his office. 
 
 Rotation of 
 auditors. 
 
 Vacancies in 
 oflSce of auditor. 
 
 Failure of 
 meeting to 
 elect auditors. 
 
 Duty of 
 auditors. 
 
 Powers of 
 auditors 
 
 Delivery of 
 balance sheet, 
 etc., to 
 auditors. 
 
 Remuneration 
 of members of 
 the London 
 Committee 
 and auditors. 
 
 Suspension or 
 removal of 
 members of 
 the Demerara 
 Committee, 
 
 Security to bo 
 taken from 
 certain officers. 
 
 Books to be 
 balanced. 
 
 98. That full and true accounts shall be kept of all sums of money received or Accounts to 
 expended on account of the Company by the respective Committees, and all persons ^^ ^^l**' 
 employed by or under them, and of the articles, matters, and things for which such 
 
 sums of money shall have been received or disbursed and paid. 
 
 99. That the books of the Company shall be brought to a balance, so far as the 
 communication between the said Colony and England will permit, fourteen days at 
 least before each ordinary meeting, and forthwith, on the books being so balanced, 
 an exact balance sheet shall be made up, which shall exhibit a true statement of the 
 capital, stock, credits, and property of every description belonging to the Company 
 and the debts due by the Company at the date of making such balance sheet : and a 
 distinct view of the profit or loss which shall have arisen on the transactions of the 
 Company in the course of the preceding half-year ; and previously to each ordinary 
 meeting, such balance sheet shall be examined and docketed by the London
 
 192 
 
 No. 2.] THE LA WS OF BRITISH GUIANA . [A.D. 1846. 
 
 Committee, or any three of their number, and shall be signed by the Chairman or 
 Deputy Chairman of such Committee. 
 
 Right of 
 insiiection of 
 accounts by 
 shareholders. 
 
 Pi'oduction of 
 balance sheet. 
 
 Declaration of 
 dividends. 
 
 Dividend not 
 to reduce 
 capital. 
 
 Fund for 
 contingencies. 
 
 Dividends not 
 to be paid 
 unless all 
 calls paid. 
 
 Power to 
 make by-laves 
 for officers of 
 the Company, 
 etc. 
 
 Fines for 
 breach of 
 by-laws. 
 
 Service of 
 notices by the 
 Company on 
 shareholders. 
 
 100. That the books so balanced, together with such balance sheet as aforesaid, 
 shall, for fourteen days previous to each ordinary meeting, and for fourteen days 
 thereafter, be open for the inspection of the shareholders at the principal office or 
 place of business of the Company in the City of London or Westminster ; but the 
 shareholders shall not be entitled at any time, except during the aforesaid period 
 before and after each ordinary meeting, to demand the use or inspection of such 
 books, unless in virtue of a written order signed by three members of the London 
 Committee. 
 
 101. That at each ordinary meeting the London Committee shall produce to the 
 shareholders assembled such balance sheet as aforesaid applicable to the period 
 immediately preceding such meeting. 
 
 102. That i^reviously to every ordinary meeting the London Committee shall 
 cause a scheme to be prepared showing the profits, if any, of the Company for the 
 period current since the immediately preceding ordinary meeting, and apportioning 
 the same among the shareholders according to the shares held by them respectively, 
 and shall exhibit such scheme at such ordinary meeting, and at such meeting a 
 dividend may be declared according to such scheme. 
 
 103. That the Company shall not make any dividend whereby their capital stock 
 will be in any degree reduced, but nothing herein contained shall render it incum- 
 bent on the Company previously to any such dividend, to replace that portion of 
 paid-up capital which shall have been laid out or expended in payment of the costs 
 and expenses incurred in preparing and executing these Presents, or incident thereto, 
 or preparatory or relating to the same, or incident to the formation of the Company, 
 or the promotion of the said undertaking, or tlie apjjlication for and obtaining such 
 Act of the Colonial Legislature as aforesaid, or any other preliminary costs or 
 expenses. 
 
 104. That before apportioning the profits aforesaid, the London Committee may, 
 if they think fit, set aside thereout such sum as they may think proper to meet con- 
 tingencies, or for enlarging, repairing, improving, or constructing the works con- 
 nected with the Railway, or which may be authorized by the said intended Act, or 
 any part thereof, and may divide the balance only among the proprietors. 
 
 105. That no dividends shall be paid in respect of any share until all calls then 
 due in respect of that or of any other share held by the person to whom such divi- 
 dend may be payable shall have been paid. 
 
 106. That in addition to any powers which may be given to the Company, by 
 the said Act to be obtained as aforesaid, to make by-laws for regulating the use of 
 the Eailway, the London Committee for the time being of the said Company may, 
 from time to time, make such by-laws as they think fit for the purpose of regulating 
 the conduct of the officers and servants of the Company, and the proceedings of the 
 Demerara Committee for the time being of the said Company, and for providing for 
 the due management of the affairs of the Company in all respects whatsoever, and 
 from time to time to alter or repeal any such by-laws and make others, provided 
 such by-laws be not repugnant to the laws of that part of the British Empire where 
 the same are to have effect, or to the provisions of these Presents, or of the said Act, 
 to be obtained as aforesaid ; and such by-laws shall be reduced into writing and 
 shall have affixed thereto the Common Seal of the Company, and a copy of such 
 by-laws shall be given to every officer and servant of the Company. 
 
 107. That the London Committee for the time being of the Company may impose 
 such reasonable fines and forfeitures upon all persons being officers or servants of the 
 Company oflf'ending against such private by-laws as they may think fit, not exceed- 
 ing fiv e pounds for any one offence. 
 
 108. That any notice required to be served by the Company upon the share- 
 holders, and which is not expressly required to be served personally, may be 
 transmitted by post according to the registered address or other known address of 
 the shareholder within such period as to admit of its being delivered in the due 
 course of delivery within the period, if any, prescribed for the giving of such notice, 
 and in proving such service it shall be sufficient to prove that such notice was 
 properly directpd, and that it was so put into the Post Office, and that every such 
 notice may be signed either by two members of the London Committee, or by the
 
 A.D. 1846.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 193 
 
 arbitriition. 
 
 Secretary of the Company, and need not be under the Common Seal of the Company, 
 and the same may be in writing^, or in print, or partly in writint^ and partly in jirint ; 
 and every notice required to he s;ivcn hy advertisement (except when otherwise 
 expressly provided) may he hy advertisement in any one morning newspaper 
 puhlishod in the City of London, or in the City of Westminster. 
 
 109. That in case any dispute or difference shall at any time or times arise Disi)utes to be 
 or he moved between any of the shareholders for the time being of the Com- referred to 
 pany, concerning the constriiction or effect of any clause or provision contained 
 in these Presents, or to h(! contjiined in the said Act to he obtained as aforesaid, 
 or relating to the conduct, management, or affairs of the Company, then within 
 fourteen days after any such dispute shall have arisen, each party shall in 
 writing nominate and appoint an arbitiator, and to the arbitrators so appointed 
 such dispute shall be referred, and after such appointment shall have been made, 
 neither party shall have power to revoke any such appointment without the con- 
 sent of the other, and if either party for the space of fourteen days after any 
 such dispute shall have arisen, and after a request in writing shall have been 
 made from the other party to appoint an arbitrator, shall fail t(j appoint such 
 arbitrator, then upon such failure the party making the request, and having 
 himself appointed an arbitrator, may appoint such arbitrator to act on behalf of 
 both parties ; and such arbitrator may proceed to hear and determine the matters 
 which shall be in dispute, and in such case the award or determination of such 
 single arbitrator shall be final ; and that if before the matters so refeiTed shall 
 he determined, any arbitrator appointed by either i^arty shall die, or become 
 incapable, or refuse or neglect to act as arbitrator, the party by whom such arbi- 
 trator was appointed may nominate and appoint, in writing, some other person 
 to act in his place ; and if for the space of seven days after notice in writing 
 from the other party for that purpose he fail to do so, the remaining or other 
 arbitrator may proceed ex parte, and every arbitrator so to be substituted as 
 aforesaid shall have the same powers and authorities as were vested in the 
 former arbitrator at the time of such his death, refusal, or disability as afore- 
 said ; and if within fourteen days after their appointment, such two arbitrators 
 cannot determine the matters I'cf erred to them, they shall nominate and appoint 
 an umpire, and the decision of such umpire on the matters so referred shall he 
 final ; and that such arbitrators, nr their umpire, may call for the production of 
 any documents in the possession or power of either pai ty which they or he may 
 think necessary for determining the question in dispute, and may examine the 
 parties or their witnesses on oath, or solemn declaration, to he taken or made 
 before any competent party. 
 
 IN WITNESS whereof, the several persons parties hereto, of the first and second 
 parts, have subscribed their names and affixed their seals, in the Schedule 
 written under or annexed to these Presents; and the said other persons 
 parties hereto, of the third part, have hereunto set their hands and seals, the 
 day and year first above written. 
 
 A. Macgrkgou, (L.S.) 
 A. G. Milne, (L.S.) 
 
 Signed, sealed, and delivered by the hereinbefore mentioned Alexander Mac- 
 GKEGOR and Alexander George Milne, in the presence of 
 
 Thos. Cannon, 
 Clerk to Messrs. Crowder and Maynard, Solicitors, 
 57, Coleman Street, London.
 
 194 No. 2.] THE LAWS OF BRITISH GUIANA . [A.D. 1846. 
 
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 195 
 
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 VOL. I. 
 
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 196 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1846. 
 
 A.D. 1846. 
 
 — ♦ — 
 
 As to the 
 criminal laio 
 of iihcl, see 
 Ordinance 
 No. 18 of 
 1893 Title J. 
 
 Short Title. 
 
 Interpretation 
 of terms. 
 
 Cases in 
 wliich action 
 for defamation 
 to be maintain- 
 able. 
 
 Rii^ht of 
 defendant to 
 plead truth of 
 matters 
 cliarged. 
 
 Power to 
 defendant to 
 give evidence 
 of apology in 
 mitigation of 
 damages. 
 
 Kiglit of 
 defendant in 
 acti')n for 
 libtl HI news- 
 paper to 
 plead special 
 plea. 
 
 ORDINANCE No. 3 OF 1846. 
 
 An Ordinance to amend the Laws respecting Defama- 
 tory Words and Libel. 
 
 [2nd January, 1846.] 
 
 FOR the purpose of amending the laws respecting defamatory words 
 and libel, and for the better protection of private character and 
 for more effectually securing the liberty of the press, and for 
 better preventing abuses in exercising the said liberty : 
 
 Be it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Slander and Libel Ordinance, 
 1846. 
 
 2. Wherever in this Ordinance in describing the plaintiff or the 
 defendant, or the party affected or intended to be affected by the 
 offence, words are used importing the singular number or the masculine 
 gender only, yet they shall be understood to include several persons as 
 well as one person and females as well as males, unless when the 
 nature of the provision or the context of the Ordinance excludes such 
 construction. 
 
 3. In every case in which an action for defamation would be main- 
 tainable in the High Court of Justice in England in respect of words 
 spoken, and in no other case, an action for defamation shall be main- 
 tainable in the Supreme Court of British Guiana in its civil jurisdiction, 
 and in no other Court of this Colony. 
 
 4. In every action for defamation or for libel it shall be lawful for 
 the defendant to plead the truth of the matters charged by way of 
 justification in the same manner as he might do in any like action in 
 the High Court of Justice in England, and if, on the issue joined on 
 such plea, a verdict passes for the defendant, the defendant shall have 
 final judgment and recover his costs of suit. 
 
 5. In every action for defamation it shall be lawful for the defendant 
 (after notice in writing of his intention to do so, duly given to the 
 plaintiff at the time ot filing or delivering the plea in such action) to 
 give in evidence, in mitigation of damages, that he made or offered an 
 apology to the plaintiff for such defamation before the commencement 
 of the action, or as soon afterwards as he had an opportunity of doing 
 so, in case the action has been commenced before there was an oppor- 
 tunity of making or offering such apology, 
 
 6. — (1.) In any action for a libel contained in any public newspaper 
 or other peri(jdical publication, it shall be competent to the defendant 
 to plead that such libel was inserted in such newspaper or other 
 periodical publication without actual malice and without gross neg- 
 ligence, and that, before the commencement of the action, or at the 
 earliest opportunity afterwards, he inserted in such newspaper or other 
 periodical publication a full apology for the said libel, or, if the news- 
 paper or periodical publication in which the said libel appeared is
 
 A.D. 1847.] AUTHORITY OF CHIEF JUSTICE. 
 
 [No. 2. 
 
 197 
 
 ordinarily published at intervals exceeding one week, had offered to 
 publish tlie said apology in any newspaper or periodical publication to 
 be selecte 1 by the plaintiff in such action. 
 
 (2.) Every such defendant shall, on filing such plea, be at liVjerty 
 to pay into Court a sum of money by way^f amends for the injury 
 sustained by the publication of such libel ; and such payment into 
 Court shall be by leave of the Court or any one of the Jud'_'es of the 
 Court, in such n)anner and under such regulations as the Court may, 
 by any rules or orders by the Court to be from time to time made, 
 order and direct. 
 
 7. It shall not be competent to any defendant in such action to file Payment of 
 any such plea, without at the same time making a payment of money ^°^^^^^\l 
 into Court by way of amends as provided by this Ordinance, but special plea, 
 every such plea so filed without payment of money into Court shall be 
 deemed a nullity, and may be treated as such by the plaintiff in the 
 
 action. 
 
 8. Nothing in this Ordinance shall take away or prejudice any de- Saving of 
 fence under the plea of not guilty which it would be competent to the of ^not°euiltv 
 defendant to make under such plea to any action for defamatory words 
 or libel. 
 
 England. 
 
 if such action was brought in the High Court of Justice in 
 
 OKDINANCE No. 2 OF 1847. 
 
 An Ordinance to explain and regulate the Duties, a.d.i847. 
 Powers, and Authority of the Chief Justice of * 
 
 British Guiana in certain Civil Matters. 
 
 [28th August, 1847.] 
 
 WHEREAS by Ordinance No. 5 of the Year 1846, and by other 
 Ordinances, certain applications in civil cases are allowed to 
 be made upon motion before a Judge sitting apart, and trans- 
 ports and mortgages are assigned to l)e passed before a Judge, and it 
 has been construed that the Chief Justice of British Guiana is included 
 in the words " a Judge sitting apai't " and in the words " a Judge," 
 whenever these wx)rds occur in any of the said Ordinances, and that 
 he, the Chief Justice, is bound to sit apart to hear motions, to pass 
 transports and mortgages, and to do and perform all such other matters 
 and things as are directed by the said Ordinance No. 5 of the year 
 1846, and by other Ordinances, to be done by and before " a Judge 
 sitting apart " or " a Judge " ; 
 
 And whereas it is expedient that the Chief Justice should be 
 relieved from such duties : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. Wherever by the said Ordinance No. 5 of the year 1846, or by J^^'^Jl^^j*'" °^ 
 
 any other Ordinance, it is declared or enacted that any application or j„stice from 
 
 motion in any civil case shall be made, or any matter or thing in any meaning of 
 
 civil case shall be done, by or before a Judge sitting apart, or by or */™ " i*. .. 
 IP Ti "^PiTi-i-i;-!, Judge sitting 
 
 berore a Judge or anv one of the Judges, without speciiying such apart," etc. 
 
 VOL. I. 
 
 Ua
 
 198 No. 2.] THE LAWS OF BRITISH GUIANA: [A.D. 1847. 
 
 Cases in 
 which the 
 Chief Justice 
 may sit apart. 
 
 Saving of 
 powers, etc., 
 of the Chief 
 Justice. 
 
 Awarding of 
 costs by the 
 Chief Justice. 
 
 Judge to be the Chief Justice or one of the Puisne Judges, the words 
 " a Judge sitting apart," or " a Judge," or " one of the Judges," shall 
 mean, and be construed to mean, one of the Puisne Judges and not the 
 Chief Justice of British Guiana. 
 
 2. The Chief Justice shall not be bound to sit apart to hear any 
 motion in any civil case, or to pass any transport or mortgage, or to 
 do or perform any matter or thing directed to be done or performed 
 in any civil case by any Judge sitting apart, or by a single Judge, 
 unless the Puisne Judges are unavoidably absent or incapable of 
 attending, when he shall be authorized to do so ; and every order, act, 
 matter, and thing done and performed by the Chief Justice in any such 
 case shall be as binding and effective as if done and performed by one 
 of the Puisne Judges. 
 
 3. Nothing in this or any other Ordinance shall annul, abridge, or 
 affect the powers, privileges, and authority of the Chief Justice ; and 
 the Chief Justice shall have and possess full power and authority to 
 make, during non-session of the Supreme Court of British Guiana in 
 its civil jurisdiction, orders on all petitions for mandaments and on all 
 other petitions which he may consider do not admit of delay, and shall 
 have, enjoy, and possess all the rights powers, privileges, and authority 
 formerly lawfully possessed, exercised, or enjoyed by any President or 
 Chief Justice of the Supreme Courts of Criminal and Civil Justice of 
 Demerara and Essequebo, or of the Supreme Court of Civil Justice of 
 British Guiana, anything in any law or Ordinance to the contrary in 
 anywise notwithstanding. 
 
 4. The Chief Justice shall have full power and authority on all 
 petitions for mandaments, and on all other petitions which may be 
 brought before him, to make such orders in respect to costs as to him 
 may seem right ; and every order of the Chief Justice directing the 
 payment of costs by any party may be enforced by process in execu- 
 tion in the same manner in which a sentence of the Supreme Court 
 condemning a party to pay costs may be enforced. 
 
 Ordinance No. 
 23 of 1859 
 s. 7 incorpor- 
 ated. 
 
 OBDINANCE No. 1 OF 1849. 
 
 A.D. 1849. An Ordinance to alter, amend, and enlarge some of 
 the provisions of the Ordinances relating to the 
 Demerara Kail way Company. 
 
 [13th January, 1849.] 
 
 WHEREAS by the Indenture or Deed of Settlement of the Deme- 
 rara Railway Company, bearing date the 18th day of September, 
 lb45, imcorporated with and confirmed by the Demerara Railway 
 Company's Ordinance, 1«46, and made between Charles Cave, of 
 No. 2 of 1846. Threadneedle Street, in the City of London, Esquire, Michael M'Chlery, 
 of Finsbury Circus, in the County of Middlesex, Esquire, and others of 
 the first part, the several other persons whose names and seals are by 
 themselves, or their respective attorneys or agents, thereunto, or to a 
 duplicate thereof, subscribed and affixed in the schedule written under
 
 A.D. 1849.] DEMERARA RAILWAY COMPANY. [No. 1. 
 
 199 
 
 or affixed to such Indenture or duplicate of the second part, and 
 Alexander Macgregor, of No. 3, Chester Street, Grosvenor Place, in 
 the County of Middlesex, Esquire, and Alexander George Milne, of 
 No. 10, George Yard, Lombard Street, in the City of London, Esquire, 
 of the third part, the capital of the said Company was declared to be 
 the sum of two hundred and fifty thousand pounds, divided into ten 
 thousand shares, each of the amount of twenty-five pounds ; 
 
 And whereas it is expedient that the capital of the said Company 
 should be reduced to the sum of one hundred and seventy-five thousand 
 pounds, and that the shares of twenty-five pounds each should be reduced 
 to the amount of seventeen pounds ten shillings each, instead of twenty- 
 five pounds each, and that the sum of seventeen pounds ten shillings 
 only, instead of the sum of twenty-five pounds, should be raised in 
 respect of each such share : 
 
 Be it therefore enacted by the Lieutenant-Governor of British 
 Guiana, with the advice and consent of the Court of Policy thereof, 
 as follows : — 
 
 1. This Ordinance may be cited as the Demerara Railway Company's 
 Ordinance, 1849. 
 
 2. The capital of the said Company shall be the sum of one hundred 
 and seventy-five thousand pounds, instead of the sum of two hundred 
 and fifty thousand pounds, and the said capital of one hundi*ed and 
 seventy -five thousand pounds shall be divided into ten thousand shares, 
 of seventeen pounds ten shillings each, and such' last-mentioned shares 
 shall (as far as circumstances will allow) be subject to the same pro- 
 visions in all respects as the said original number of shares of twenty- 
 five p )unds each were made subject to by the said Ordinance and 
 Indenture or Deed of Settlement, and each of them, unless where other- 
 wise provided for or directed by this Ordinance. 
 
 3. Whereas, by virtue of the said Ordinance and Deed of Settlement, 
 the said Company is empowered to borrow on mortgage or bond such 
 sums of money as may from time to time, by an oi'der of a general 
 meeting of the Company, be authorized to be borrowed, but the rate of 
 interest to be paid by the said Company for the use of such sum or 
 sums borrowed is not particularly specified therein : Be it therefore 
 enacted that it shall be lawful for the said Company to allow any rate 
 of interest for the use of the sum or sums of money to be borrowed as 
 aforesaid : Provided that such rate of interest shall not exceed the 
 sum of ten pounds per cent, per annum. 
 
 4. Whereas it is expedient that the said Company should be em- 
 powered to raise the sum or sums of money they are authorized to 
 borrow by the issue of preferential shares, in case such sum or sums of 
 money cannot be obtained by way of loan secured by mortgage or 
 bond : Be it therefore enacted that it shall be lawful for the said 
 Company, by order from time to time of any ordinary or extraordinary 
 meeting of the said Company, to raise either by contribution among 
 themselves or by the admission of other persons as subscribers to the 
 undertaking, or in part by each of those means, such sum or sums of 
 money as it would otherwise be at liberty to borrow. The money 
 so to be raised from time to time by subscription shall be divided 
 into distinct and integral shares of the sum of seventeen pounds ten 
 shillings each ; and all such new shares, and the holders thereof, 
 
 Short title. 
 
 Reduction of 
 capital of the 
 Company. 
 
 Rate of 
 interest on 
 money 
 borrowed. 
 
 Power to create 
 new sliares in 
 lieu of 
 borrowing.
 
 200 No. 1.] THE LA WS OF BRITISH GUIANA . [A.D. 1849. 
 
 Increase of 
 rate of 
 
 interest allow- 
 able to share- 
 holders 
 advancing 
 subscriptions. 
 
 Reduction of 
 number of 
 members of 
 London and 
 Demerara 
 Committees. 
 See Ordinance 
 No. 3 0/1855. 
 
 shall have priority and preference over all other shares and interests 
 in the capital of the said undertaking, as regards the principal of such 
 other shares and the dividends or interests to accrue thereon, and 
 over all charges now granted by the said Company, or hereafter to be 
 granted, for the execution of the works under the said Ordinance 
 authorized to be made and constructed ; but such new shares, having 
 such priority and preference as aforesaid, shall not be issued without 
 the authority of the vote of the shareholders at an ordinary or extra- 
 ordinary meeting of the said Company : Provided always that all the 
 provisions in the said Ordinance and Indentm'e or Deed of Settlement, 
 or either of tliem, contained with regard to the money by the said 
 Ordinance and Indenture or Deed of Settlement, or either of them, 
 authorized to be raised by subscription, and to the shares to be issued 
 in respect thereof, and to the creation of new shares, and to the holders 
 of such shares, shall apply to the money to be raised, and to the 
 shares to be created, by virtue of this Ordinance, and to the holders 
 of such shares, sa\e and except so far as such provisions are 
 repealed or altered by or are inconsistent with the provisions of this 
 Ordinance. 
 
 5. Whereas the rate of interest allowed to be paid to shareholders 
 of the said Company who may be willing to advance the whole or 
 any part of their subscriptions, beyond the sums actually called for, is 
 limited by the said Ordinance and Indenture or Deed of Settlement 
 to the rate of five per cent, per annum ; and whereas it is expedient 
 to extend such limitation : Be it therefore enacted that it shall be law- 
 ful for the said Company to pay to any shareholder or shareholders 
 who may advance the whole or any part of the moneys due upon their 
 respective shares, beyond the sums actually called for, such rate of 
 interest upon the principal moneys so paid in advance, or so much thereof 
 as from time to time may exceed the amount of the calls upon the 
 shares in respect of which such advance may have been made, as the 
 shareholder paying such sum in advance and the Company may agree 
 upon : Provided that the rate in interest to be paid shall not in any 
 case exceed the sum of ten pounds per cent, per annum. 
 
 6. Whereas, by the said Ordinance and Indenture or Deed of Settle- 
 ment, the general direction and management of the affairs of the Com- 
 pany (subject only to the control of general meetings) are vested in a 
 Committee of not less than nine shareholders, resident in England, and 
 styled " The London Committee," and the local direction and manage- 
 ment of such afiairs in this Colony (subject to the absolute control in 
 all things of the London Committee) are vested in a Committee of 
 nine shareholders resident in this Colony, and styled " The Demerara 
 Committee "; and whereas the said Company is empowered from time 
 to time in general meeting, after due notice for that purpose, to increase 
 the number of members in the case of the London Committee to 
 twelve ; and whereas it is expedient that the number of members of 
 the London Committee of the said Company should be reduced from 
 nine to five, and that, in the case of the Demerara Committee, the number 
 of members should V)e reduced from nine to three ; Be it therefore 
 enacted that it shall be lawful for the said Company, from time to 
 time in general meeting, after due notice for that purpose, to reduce 
 the number of members in the case of the London Committee, upon 
 the death, resignation, disquaUfication, or removal uf the present 
 members of such Committee, to five ; and also to determine the order
 
 A.D. 1849.] DEMERARA RAILWAY COMPANY. [No. 1. 
 
 201 
 
 of rotation in which such reduced number shall go out of office, and 
 what number shall be a quorum at their meetings ; and also, in the 
 case of the Demerara Committee, it shall be lawful either for the said 
 Company from time to time, in general meeting, after due notice for 
 that purpose, or for the London Committee of the said Company, at 
 any meeting of such Committee, to reduce the number of the members of 
 the Demerara Connnittee, upon the death, resignation, discjualification, 
 suspension, or removal of the present members of such Committee to 
 three ; and also to determine the order of rotation in which such 
 reduced number shall go out of office, and what number shall be a 
 quorum at their meetings ; and that it shall henceforth be sufficient 
 that there be, in the case of the London Committee, not less than five 
 members to act in the general diiection and management of the affairs 
 of the said Company, and, in the case of the Demerara Committee, 
 not less than three members to act in the local direction and manage- 
 ment of affairs in this Colony, but subject to the absolute control in 
 all things of the said London Committee, according to the provisions 
 of the said Ordinance and Indenture or Deed of Settlement, except as 
 hei'eby altered, and which said five, in case of the London Committee, 
 and which said three, in case of the Demerara Committee, shall have, 
 enjoy, and be subject to all the powers and provisions, rights, privileges, 
 and indemnities which, by the said Ordinance and Indenture or Deed 
 of Settle nient, are given and provided for the said nine members in 
 the case of the TiOndon Committee, and for the said nine members 
 in the case of the Demerara Committee, except such of the powers 
 and provisions as are altered and amended by, or inconsistent with 
 this Ordinance. 
 
 7. If at any time there are not three members serving on the Local Right of 
 Committee in this Colony, the Manager of the Railway for the time Manager to 
 
 J * ~ *j ^ act on J_jOC3.1 
 
 being may lawfully act as and be provisionally one of such Committee, Committee in 
 and may, with the remaining members or member of such Committee, certain event, 
 lawfully exercise the powers of such Committee until the vacancy or 
 vacancies is filled up according to law : Provided always that it shall 
 be lawful for the Company, with the consent of a general meeting of 
 shareholders, from time to time to appoint, if it thinks fit to do so, a 
 Managing Director in lieu of the Local Committee, and such Managing 
 Director may, during his tenure of office, lawfully have, exercise, and 
 enjoy all the rights, powers, duties, and authorities vested in the Local 
 Committee by the provisions of the Deed of Settlement and of the 
 several Ordinances relating to the Company now in force ; and in the 
 event of such Managing Director dying, resigning or becoming incap- 
 able of acting, it shall be lawful for the Governor to appoint pro- 
 visionally in his place until the vacancy is filled up by the Company. 
 
 8. All the powers, provisions, matters, and things which are con- Saving of 
 tained in the said Ordinance and Indenture or Deed of Settlement, °j ^j^J 
 except such of them, if any, as are by this Ordinance repealed, altered. Company. 
 or otherwise provided for, shall remain in full force and cflFect to all 
 intents and purposes, as if the same powers, provisions, matters, and 
 
 things were hereby and herein repeated and re-enacted. 
 
 9. This Ordinance shall be incorporated with the said Ordinance, and Constraction 
 all the provisions of this Ordinance shall form part of the said oftheOrdm- 
 
 Ordinance and shall be construed together therewith as forming one 
 Ordinance, 
 
 ance.
 
 202 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1850. 
 
 A.D. 1850. 
 
 Ordinance. 
 No. 37 o/ 1900, 
 incorporated , 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 Materials of 
 whicli bread 
 may be made. 
 
 Regulations as 
 to weight and 
 size of bread. 
 
 B 
 
 Weights to he 
 used in sale 
 of bread. 
 (See Ordinance 
 bio. 2 of 1851. 
 
 ORDINANCE No. 1 OF 1850. 
 
 An Ordinance to provide Regulations for the Making 
 and Sale of Bread and for preventing the Adulter- 
 ation of Meal, Flour, and Bread. 
 
 [1st August, 18.50.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance maybe cited as the Bread (Making and Sale) 
 Ordinance, 1850. 
 
 2. In this Ordinance, unless it is otherwise specially provided or 
 unless the context otherwise requires, — 
 
 " Baker " means every person who makes, or sells, or exposes 
 
 bread for sale : 
 Every word importing the singular number only shall extend 
 
 and be applied to several persons, matters, or things, as well as 
 
 to one person, matter, or thing : 
 Every word importing the plural number shall extend and be 
 
 applied to one person, matter, or thing, as well as to several 
 
 persons, matters, or things : 
 Every word importing the masculine gender only shall extend 
 
 and be applied to a female as well as to a male. 
 
 3. It shall be lawful for every baker or seller of bread to make and 
 sell, or offer for sale, in his shop, or to deliver to his customers, bread 
 made of flour 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 may think 
 fit, and with no other ingredient or matter whatsoever, subject to the 
 regulations hereinafter contained. 
 
 4. — (1.) It shall be lawful for any baker or seller of bread to make 
 and sell, to his customers, bread made of such weight or size as such 
 baker or seller of bread shall think fit. 
 
 (2.) All bread shall be sold by weight, and in case any baker or 
 seller of bread shall sell, or cause to be sold, bread in any other manner 
 than by weight, then and in such case, every such baker or seller of 
 bread shall for every such offence forfeit and pay any sum not exceed- 
 ing ten dollars, which the Magistrate before whom such offender is 
 convicted may order and direct ; Provided always that nothing in 
 this Ordinance shall extend or be construed to extend to prevent or 
 hinder any such baker or seller of bread from selling bread usually sold 
 under the denomination of French or Fancy Bread or Rolls without 
 weighing the same. (37 of 1900, s. 2.) 
 
 5. — (1.) Every baker or seller of bread, in the sale of bread, shall 
 use Avoirdupois weight of sixteen ounces to the pound, accorxling to 
 the standard provided under any Ordinance for the time being in force 
 relating to weights and measures, and the several gradations of the 
 same for any less quantity than a pound. 
 
 (2.) In case any baker or seller of bread at any time uses any
 
 A.D. 1850.] 
 
 BREAD. 
 
 [No. 1. 
 
 203 
 
 other than such Avoirdupois weight and the several gradations of the 
 same, he shall for every such offence forfeit and pay any sum not less 
 than ten dollars and not exceeding twenty-three dollars. 
 
 Obligation to 
 provide sfrales 
 and weights in 
 baker's shop. 
 
 Obligation to 
 carry scales 
 and weight in 
 delivei7 cart. 
 
 6. — (1.) Every baker or seller of bread shall cause to be fixed on 
 some conspicuous part of his shop, on or near the counter, a beam and 
 scales with pi'oper Avoirdupois weights, or other sufficient balance as 
 aforesaid, in order that all ]>read there sold may from time to time be 
 weighed in the presence of the purchaser thereof, except as aforesaid. 
 
 (2.) In case any baker or seller of bread neglects to fix such beam 
 and scales, or other sufficient balance, iu manner aforesaid, or to 
 provide and keep for use proper beam and scales and proper weights 
 or balance as aforesaid, or has or uses in the sale of bread 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, according to the standard aforesaid, then and in every 
 such case he shall forfeit and pay any sum not less than ten dollars and 
 not exceeding twenty-three dollars. 
 
 7. — (1.) Every baker or seller of bread, and every journeyman, 
 servant, or other person employed by any baker or seller of bread, 
 who conveys or carries out bread for sale in any cart, carriage, 
 barrow, tray, basket, or otherwise, shall be provided with and shall 
 constantly carry a correct beam and scales with proper wei^ihts, or 
 other sufficient balance as aforesaid, in order that all bread sold by 
 every such baker or seller of bread, or by his journeyman, servant, 
 or other person, may from time to time be weighed in the presence 
 of the purchaser thereof, except as aforesaid. 
 
 (2.) In case any such baker or seller of bread, or his journeyman, 
 servant, or other person, at any time carries out or delivers any bread 
 without being provided with such beam and scales with proper weights, 
 or other sufficient balance, or whose weights are deficient in their due 
 weight according to the standard aforesaid, or at any time refuses to 
 weigh any bread purchased of him, or delivered by his journeyman, 
 servant, or other person, in the presence of the person purchasing or 
 receiving the same, then and in every such case such baker or seller 
 of bread shall for every such offence forfeit and pay any sum not less 
 than ten dollars and not exceeding twenty-three dollars. 
 
 8. No baker or other person who makes bread for sale, nor any Penaltj- on 
 journeyman or other servant of any such baker or other person, shall ^^g^^^"^"*'*^^^ 
 at any time, in the making of bread for sale, use any mixture or materials other 
 ingredient whatsoever in the making of such bread, other than and than those 
 except as hereinbefore mentioned, on any account or under any colour prescnbed. 
 
 or pretence whatsoever ; upon pain that every such person, whether 
 master or journeyman, servant, or other person, who offends in the 
 premises, and is convicted of any such oft'ence, shall for every such 
 offence forfeit and pay any sum not less than twenty- three dollars and 
 not exceeding forty eight dollars. 
 
 9. If any person puts into any cornmeal or flour intended for sale 
 or for the manufacture of bread any sour or damaged cornmeal or 
 flour, or any ingredient or mixture whatsoever not being cornmeal or 
 flour ; or if any person knowingly sells or offers or exposes 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 
 
 Penalty on 
 person using 
 damaged 
 materials for 
 making bread, 
 etc.
 
 204 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1850. 
 
 ingredient whatsoever mixed with the meal or flour so sold or offered 
 or exposed for sale, then and in every such case every person so offend- 
 ing shall for every such offence forfeit and pay any sum not less than 
 twenty-three dollars and not exceeding forty-eight dollars. 
 
 Marking of 
 bread made 
 of mixed 
 materials. 
 
 Power to search 
 for and seize 
 adulterated 
 bread. 
 
 10. —{1.) Every person who makes for sale, or sells, or exposes for 
 sale any bread 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 bread to be marked with a large Roman M. 
 
 (2.) If any person at any time makes for sale, or sells, or exposes 
 for sale any such bread without such mark as hereinbefore directed, 
 then and in every such case every person so offending shall forfeit and 
 pay, for every pound weight of such bread, and so in proportion for 
 any less quantity which may be so made for sale, or sold, or exposed 
 for sale, without being so mai'ked as aforesaid, such sum, not exceeding 
 two dollars, as the Justices of the Peace before whom such conviction 
 takes place may from time to time order and adjudge. 
 
 11. — (1.) It shall be lawful for any Justice of the Peace, or for any 
 Commissary of Taxation, and also for any police officer or constable 
 authorized by warrant under the hand of any Justice of the Pe^ce (which 
 warrant any such Justice is hereby empowered to grant), to enter at 
 any seasonable time in the daytime into any house, shop, stall, bake- 
 house, warehouse, outhouse, or ground of or belonging to any baker, 
 and to search and examine whether any mixture or ingredient, not the 
 genuine produce of the grain of such meal or flour, has been mixed up 
 with or put into any meal or flour in the possession of such baker, 
 whereby the purity of any meal or flour is or may be in any wise adul- 
 terated, or whether any mixture or ingredient other than is allowed 
 by this Ordinance has been mixed up with or put into any dough or 
 bread in the posses'^ion of any such baker or other person, whereby 
 any such dough or bread is or may be in anywise adulterated, and also 
 to search for any mixture or ingredient which may be intended to be 
 used in or for any such adulteration or mixture. 
 
 (2.) If, on any such search, it appears that any such meal, flour, 
 dough, or biead so found has been adulterated by the peison in whose 
 possession it may then be, or any mixture or ingredient is found which 
 seems to have been deposited there in order to be used in the adul- 
 teration of meal, flour, or bread, then and in every such case it shall be 
 lawful for every Justice of the Peace and Commissary of Taxation, and 
 for every officer or constaVde authorized as aforesaid, respectively, to 
 seize and take any meal, flour, dough, or bread which may be found 
 in any such search and deemed to have been adulterated, and all ingre- 
 dients and mixtures which may 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 may be seized as aforesaid shall, 
 with all convenient speed after the seizure, be carried to a Justice of 
 the Peace. 
 
 (3.) If any Justice of the Peace who makes any such seizure 
 in pursuance of this Ordinance, or to whom anything so seized under 
 the authority of this Ordinance is brought, adjudges that any such meal, 
 flour, dough, or bread so seized has been adulterated by any mixture 
 or ingredient put therein other than is allowed by this Ordinance, or 
 adjudges that any ingredient or mixture so found as aforesaid has been 
 deposited or kept where so found for the purpose of adulterating meal,
 
 A.D. 1850.] 
 
 BREAD. 
 
 [No. 1. 
 
 205 
 
 Penalty on 
 baker having 
 in possession 
 mixture for 
 purijoses of 
 adulteration. 
 
 Complaint 
 against servant 
 by Laker 
 convicted of 
 offence. 
 
 flour, or bread, then and in any such case every such Justice of the 
 Peace or Commissary of Taxation is hereby required to destroy the 
 same, or to dispose of the same for some public purpose. 
 
 12. Every baker in whose house, shop, stall, bakehouse, warehouse, 
 outhouse, ground, or possession any ingredient or mixture may Vje 
 found which, after due examination, is adjudged to have been deposited 
 there for the purjjose of being used in adulterating meal, flour, or 
 bread, shall, on being convicted of any such ofi'ence, forfeit and pay 
 any sum not less than ten dollars and n()t exceeding twenty-three 
 dollars for the first offence, and a sum of not less than twenty-three 
 dollars and not exceeding forty-eight dollars for the second and every 
 subsequent offence. 
 
 13. — (1.) If any baker at any time makes complaint to any Justice 
 of the Peace, and makes appear to him that any offence which such 
 baker may have been charged with, and for which he may have in- 
 curred and paid any penalty under this Ordinance, has 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 it shall be lawful for such Justice, and he is 
 hereby required, to issue out his warrant under his hand for bringing 
 any such journeyman or servant before himself and other Justice or 
 Justices, or any two or more Justices. 
 
 (2.) On any such journeyman or servant being thereupon appre- 
 hended and brought before any such two or more Justices, such Justices 
 are hereby authorized and required to examine into the matter of such 
 complaint, and, on proof thereof, to adjudge and order that a reason- 
 able sum of money, not exceeding forty-eight dollars, shall be paid by 
 such journeyman or servant to his master by way of recompense to 
 him for the money which he may have paid by reason of the wilful act, 
 neglect, or default of such journeyman or servant. 
 
 14.— (1.) No master or journeyman, or 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 bread, rolls, or cakes of any sort 
 or kind, or shall, on any other part of the said day, after the hour of 
 eleven o'clock in the forenoon, sell or expose for sale, or permit or 
 suff'er to be sold or exposed for sale, any bread, rolls, or cakes of any 
 sort or kind, or bake or deliver, or permit or suff'er 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 em- 
 ployed in the business or occupation thereof, save and except so far as 
 may be necessary in setting and superintending the sponge to prepare 
 the bread or dough for the following day's baking. 
 
 (2.) Every person who off'ends against any of the last mentioned 
 regulations, and is thereof convicted before any Justice of the Peace 
 within six days from the commission thereof, shall forfeit and pay for 
 the first offence the penalty of two dollars, for the second offence the 
 penalty of five dollars, and for the third and every subsequent offence 
 respectively the penalty of ten dollars. 
 
 15. Every person who resists or makes forcible oppossition against Penalty on 
 any pei'son employed in the due execution of this Ordinance shall for person resisting 
 
 *^ CXGCUtlOll OI 1116 
 
 every such offence forfeit any sum not less than twenty-three dollars Ordinance, 
 and not exceeding forty-eight dollars. 
 
 Provisions as to 
 Siinday labour 
 in bakehouse.
 
 206 
 
 Procedure and 
 ajipeal. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 See Ordinance 
 No. 13 of 1893. 
 
 Protection of 
 Justices and 
 others for acts 
 done under the 
 Ordinance. 
 
 See Ordinance 
 No. 2 of 1850. 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1850. 
 
 16. Every- complaint to obtain a conviction under or by virtue of 
 the provisions of this Ordinance, and all pi'oceedings upon or in con- 
 sequence of any such complaint, except where otherwise provided for by 
 this Ordinance as to the mode and manner of making such complaint, 
 obtaining a conviction, and carrying the same into effect, shall be 
 regulated and governed by any Ordinance for the time being in 
 force regulating procedure before Stipendiary Magistrates in the 
 exercise of their summary jurisdiction ; and every appeal from any 
 such conviction shall be governed by and conducted in pursuance 
 of the provisions of any Ordinance for the time being in force regu- 
 lating appeals from the decisions of Stipendiary Magistrates : Provided 
 always that whenever any person is committed to prison for non- 
 payment of any penalty under and hj virtue of this Ordinance, such 
 imprisonment shall be with or without hard labour as to the Justice 
 or Justices committing may seem fit : Provided, also, that whenever 
 any baker or other person is convicted of a second offence under 
 either section 8 or section 12, in addition to all other pains and 
 penalties, the Justices before whom any such baker or other person may 
 be convicted of a second offence, shall cause the offender's name, place 
 of abode, and offence to be published, at the expense of the person 
 convicted, in some newspaper of the Colony. 
 
 17. Every action or suit which may be brought or commenced 
 against any Justice of the Peace, Commissary of Taxation, member 
 of the Police Force or constable, or person, for any matter or thing 
 done or committed in the execution of his office, by virtue of or under 
 this Ordinance, shall be subject to and governed by the provisions 
 contained in any Ordinance for the time being in force relating to the 
 protection of Justices of the Peace and other persons from vexatious 
 actions for acts done by them in execution of their office ; and all the 
 rights, privileges, defences, and protection granted under and by 
 virtue of such Ordinance to any Justice of the Peace or other person 
 acting in the execution of his office shall be extended to and be had, 
 held, and enjoyed by every Justice of the Peace, Commissary of 
 Taxation, member of the Police Force, constable or other person, in 
 every action, suit or prosecution brought against him for anything done 
 or committed by him in the execution of his office, under and by 
 virtue of this Ordinance. 
 
 A.D. 1850. 
 — f — 
 
 Short title. 
 
 OKDINANCE No. 2 OF 1850. 
 
 An Ordinance to protect Justices of the Peace and 
 other Persons from Vexatious Actions for Acts 
 done by them in Execution of their Office. 
 
 [1st February, 1851.] 
 
 WHEREAS it is expedient to protect Justices of the Peace, mem- 
 bers of the Police Force, constables. Commissaries of Taxation, 
 and other officers, in the execution of their duty : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1, This Ordinance may be cited as the Justices Protection Ordin- 
 ance, 1850.
 
 A.D. 1850.] PROTECTION OF JUSTICES, ETC. [No. 2. 
 
 207 
 
 2. Every action hereafter to be brought against any Justice of the Character of 
 Peace for any act done by him in the execution of his duty as such "'^^'^"^ *" ^ 
 Justice, with respect to any matter within his jurisdiction as such 
 Justice, shall be an action as for a tort or injury ; and in the claim 
 it shall be expressly alleged that such act was done maliciously and 
 without reasonable and probable cause ; and if, at the trial of any such 
 action, upon the general issue being pleaded or a simple contrax-y con- 
 clusion taken, the plaintiff fails to prove such allegation, he shall be 
 nonsuited, or the defendant shall be absolved of the instance, or a sen- 
 tence shall be given for the defendant. 
 
 brought against 
 Justice for 
 act done in 
 execution of 
 office. 
 
 3. For any act done by a Justice of the Peace in a matter of which 
 by law he has no jurisdiction, or in which he may have exceeded his 
 jurisdiction, any person injured thereby, or by any act done under any 
 conviction or order made or warrant issued by such Justice in any 
 such matter, may maintain an action against such Justice in the same 
 form and in the same case as he might have done before the commence- 
 ment of this Ordinance, without making any allegation in his claim 
 that the act complained of was done maliciously and without reason- 
 able 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 has been quashed, nor shall any 
 such action be brought for anything done under any such warrant 
 which may have been issued by such Justice to procure the appear- 
 ance of such party, and which has been followed by a conviction 
 or order in the same matter, until after such conviction or order 
 has been so quashed as aforesaid ; or, if such last-mentioned warrant 
 has not been followed by any such conviction or order, or if it is a 
 warrant upon an information for an alleged indictable offence, never- 
 theless, if a summons was issued previously to such warrant and 
 such summons was 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 case no such action shall be maintained against such 
 Justice for anything done under such warrant. 
 
 4. Where a conviction or order is made by one or more Justice or 
 Justices of the Peace, and a warrant of distress or commitment is 
 granted thereon by some other Justice of the Peace bond fide and 
 wdthout collusion, no action shall be brought against the Justice who 
 so granted such warrant by reason of any defect in such conviction or 
 order, or for any want of jurisdiction in the Justice or Justices who 
 made the same, but the action, if any, shall be brought against the 
 Justice or Justices who made such conviction or order. 
 
 Action for act 
 done without or 
 in excess of 
 jurisdiction. 
 
 Provision for 
 
 case where 
 conviction or 
 order made by 
 one Justice, 
 and waiTant 
 thereon granted 
 by another. 
 
 5. In all cases where a discretionary power is given to a Justice of Prohibition of 
 
 the Peace by any Ordinance, no action shall be brought against such action m respect 
 
 Justice by reason of the manner in which he may have exercised his discretional^ 
 
 discretion in the execution of any such power. power. 
 
 6. In all cases where a warrant of distress or warrant of commit- 
 ment may be granted by a Justice of the Peace upon any conviction 
 or order which, either before or after the granting of such warrant, has 
 been or is confirmed upon appeal, no action shall be brought against 
 such Justice who so granted such warrant for anything which may 
 
 Prohibition of 
 action on 
 warrant where 
 conviction or 
 order continued 
 on appeal.
 
 208 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1850. 
 
 have been done under the same by reason of any defect in such con- 
 viction or order. 
 
 Setting aside of 
 action brought 
 against pro- 
 hibition of the 
 Ordinance. 
 
 Limitation of 
 time for 
 bringing action. 
 
 Notice of 
 action. 
 
 Right of 
 defendant to 
 plead general 
 issue, etc. 
 
 Tender and 
 payment of 
 money into 
 Court. 
 
 7. In all cases where by this Ordinance it is enacted that no action 
 shall be brought under particular circumstances, if any such action is 
 brought it shall be lawful for a Judge of the Court in which the same 
 is brought, on the application of the defendant and on an affidavit of 
 the facts, to set aside the proceedings in such action, with or without 
 costs, as to him may seem meet. 
 
 8. No action shall be brought against any Justice of the Peace for 
 anything done by him in the execution of his office unless the same is 
 commenced within six calendar months next after the act complained 
 of has been committed. 
 
 9. No such action shall be commenced against any such Justice of 
 the Peace until one calendar month at least after a notice in writing 
 of such intended action has been delivered to him, or left for him at 
 his usual place of abode, by the party intending to commence such ac- 
 tion, 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 en- 
 dorsed 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 has been served by such attorney or agent. 
 
 10. In any 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. 
 
 11. — (1.) In every such case, after notice of action is so given as 
 aforesaid, and before such action is commenced, the Justice to whom 
 such notice is 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 has 
 been commenced, and at any time before issue joined therein, the 
 defendant, if he has 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. 
 
 (2.) The said tender and payment of money into Court, or either 
 of them, may afterwards be given in evidence by the defendant at the 
 trial under the general issue or contrary conclusion aforesaid ; and if 
 the jury, where there is a jury, or the Court where there is not a jury, 
 at the trial, are or is 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 sentence 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 may be 
 sufficient to pay or satisfy the defendant's costs in that behalf, shall 
 thereupon be paid out of Court to him, and the residue, if any, shall 
 be paid to the plaintiff. 
 
 (3.) If, where money is so paid into Court in any such action, the 
 plaintifi" elects 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
 
 A.D. 1850.] PROTECTION OF JUSTICES, ETC. 
 
 [No. 2. 
 
 209 
 
 action is brought an order that such money shall be paid out of Court 
 to him, and that the defendant shall pay him his costs to be taxed, 
 and thereupon the said action shall be determined, and such order 
 shall be a bar to any other action for the same cause. 
 
 12. If, Oji the trial of any such action, the plaintiff does not prove 
 that such action was brought within the time hereinbefore limited in 
 that behalf, or if he does not prove that such notice as aforesaid was 
 given one calendar month before such action was commenced, or if he 
 does not prove the cause of action stated in such notice, or if he does 
 not prove that- such cause of action arose in the place laid in the claim, 
 then and in every such case the 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. 
 
 13. In all cases where the plaintiff in any such action is entitled to 
 recover and he proves the levying or payment of any penalty or sum 
 of money under any conviction or order as parcel of the damages 
 which he seeks to recover, or if lie proves that he was imprisoned 
 under such conviction or order, and seeks to recover damages for 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 four 
 cents as damages for such imprisonment or any costs of suit whatsoever, 
 if it is 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 imprisonment, 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. 
 
 14. If the plaintiff in any such action recovers a verdict or obtains 
 a sentence, or the defendant allows judgment or sentence to pass 
 against him by default, such plaintiff shall be entitled to costs in such 
 manner as if this Ordinance had not been passed ; or if in such case it 
 is stated in the claim and demand that the act complained of was done 
 maliciously and without reasonabl*^. and probable cause, the plaintiff, 
 if he recovers a verdict or obtains a sentence for any damages, or if 
 the defendant allows 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 any such action 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. 
 
 15. This Ordinance shall apply for the protection of all members of 
 the Police Force, all constables, all Commissaries of Taxation, and all 
 other persons for anything done in the execution of their office under 
 and by virtue of any Ordinance ; and in all other cases whatsoever, and 
 whether protection is given or not to the members of the Police Force, 
 constables, and Commissaries of Taxation, or any of them, or any otlier 
 person, by any Ordinance, all memVjers of the Police Force, all con- 
 stables, all Commissaries of Taxation, and all other persons, in all and 
 every action brought against them, or any of them, for anything done 
 by theai, or any of them, in the execution of their or his office, 
 shall be entitled to the protection afforded by the provisions of this 
 Ordinance. 
 
 Cases in which 
 plaintitt' is to be 
 non-suited, etc. 
 
 Rule as to 
 damages where 
 plaintift' is 
 entitled to 
 
 recover. 
 
 Rules as to 
 costs. 
 
 Extension o 
 other oflScer 
 of protection 
 of the 
 Ordinance.
 
 210 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1851. 
 
 ORDINANCE No. 1 OF 1851. 
 
 Ordinances 
 No. 1 of 1852 
 and No. 33 of 
 1856 incor- 
 porated. 
 
 A. D. 185 1. An Ordinance for partitioning Plantation New Orange 
 Nassau, a part of whicli forms the Village of 
 Buxton, among the Joint Proprietors thereof, and 
 for partitioning other Lands and Villages similarly 
 circumstanced. 
 
 [19th February, 1851.] 
 
 WHEREAS a large majority of the joint proprietors of Planta- 
 tion New Orange Nassau, by transport, dated the 2nd day of 
 January, 1841, the front lands of which now constitute and 
 form the Village of Buxton, on the sea coast east of the River 
 Demerara, have presented a Petition to this Court whereby, after 
 stating as is therein stated, they have prayed that this Court would 
 be pleased to pass an Ordinance by which a partition of the lands 
 of New Orange Nassau, including that part of the said lands forming 
 the Village of Buxton, may be made and had amongst them according 
 to the survey therewith laid over, that is to say, a survey of the 
 said lands and Village made in March, 1842, by James Hackett, 
 Sworn Land Surveyor ; 
 
 And whereas the Court, having taken the premises into considera- 
 tion, has granted the prayer of the said Petition, and is willing to pass 
 the said Ordinance ; 
 
 And whereas it is desirable to make provision for the partitioning of 
 other lands similarly circumstanced : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Village Lands (Partition) 
 Ordinance, 1851. 
 
 2. In this Ordinance, unless it is otherwise specially provided or 
 unless the context otherwise requires, when, in describing or referring 
 to any person, matter, or thing, any word importing the singular num- 
 ber or the masculine gender is used, the same shall be understood to 
 include, and shall be appHed to, several persons and parties as well as 
 to one person or party, and to females as well as to males, and to bodies 
 corporate, as well as to individuals, and to several matters and things 
 as well as to one matter or thing. 
 
 Short title. 
 
 Interpretation 
 of tenns. 
 
 Power to 
 Justice nomi- 
 nated by the 
 Governor to 
 convene 
 meeting of 
 of proprietors 
 of Buxton. 
 
 Partition of Plantation New Orange Nassau. 
 
 3. Any Justice of the Peace resident at or near the Village of 
 Buxton, on the sea coast east of the River Demerara, and nominated 
 by the Governor, shall, within one calendar mouth after the commence- 
 ment of this Ordinance, by public advertisement in 7%e Official Gazette, 
 and by notice in writing affixed to the door of ever}' Church and Chapel 
 in the said Village, summon and call togethw a meeting of the pro- 
 prietors by transport, and purchasers at execution sale, since the 2nd 
 day of January, 1841, of any right, title, or interest in and to any lot 
 or allotment of the lauds of Plantation New Orange Nassau, including
 
 A.D. 1851.] PARTITION OF VILLAGE LANDS. 
 
 [No. 1. 
 
 211 
 
 that part of the said lands forming the Village of Buxton, at some 
 certain time and at some certain place in the said Village, such time to 
 be not less than fourteen days after the publication of such advertise- 
 ment and atlixing of such notices, and such advertisement and notices 
 shall specify that such meeting is called for the purpose of appointing 
 four fit and proper persons to be Commissioners jointly with such 
 Justice of the Peace for the purposes of this Ordinance. 
 
 4. — (1.) Every such meeting shall not proceed to business unless Composition 
 one-fourth in number of such proprietors by transport or by purchase and proceedings 
 at execution sale are present, and every such proprietor present at such ° ^^^ ^^^' 
 meeting, being of full age and not subject to any legal disability, shall 
 be entitled to vote in the election of such Commissioners as aforesaid, 
 and such votes shall be taken in such manner and form as the said 
 Justice of the Peace may deem most convenient and eligible. 
 
 (2.) After such votes have been taken, a roll fairly written out of 
 such votes shall be made and kept by such Justice of the Peace as 
 Chairman of such Commissioners, and such roll shall contain the name 
 of every person who may have given his vote at such meeting. 
 
 (3.) Upon taking the votes and ascertaining in whose favour the 
 largest number of votes have been given, the said Justice of the Peace 
 shall declare the four persons having the largest number of votes to be 
 duly elected Commissioners to act jointly with the said Justice of the 
 Peace, and to serve as Commissioners under this Ordinance for the 
 purposes of this Ordinance, receiving such remuneration for theii' ser- 
 vices as may be fixed by the majority present at such meeting. 
 
 Vacancy in 
 oflSce of 
 Justice or 
 Commissioner. 
 
 5. In the event of the Justice of the Peace dying or ceasing to act, 
 some other Justice of the Peace shall be appointed by the Governor in 
 his place, and in the event of any Commissioner dying or ceasing to 
 act, the vacancy shall be filled on the nomination of a majority of the 
 remaining Commissioners ; and the Justice of the Peace so appointed, 
 or any Commissioner so nominated, shall have, possess, and enjoy 
 all the rights, powers, and authority under this Ordinance, as if such 
 Justice had been originally appointed, or such Commissioner originally 
 elected as aforesaid. 
 
 6, The said Justice of the Peace or Chairman of the Commissioners Oath to be 
 shall, previously to entering on the duties of his office, take an oath in tf^^'^ ?'y. 
 the following form before the other Commissioners, and shall then 
 administer such oath to the other Commissioners, and every such oath 
 
 shall be entered in a book and signed by the Commissioner taking 
 it:— 
 
 " I, A. B. [naming the Justice or Commissioner'^, do hereby solemnly declare 
 and make oath that I will, to the best of my ability, fairly and impartially 
 discharge the duties imposed upon me by the V^illage Lands (Partition) 
 Ordinance, 1851." 
 
 7. — (1.) The Chairman shall have the power of convening a meeting 
 of the Commissioners whenever he may think fit. 
 
 (2.) Any three of the Commissioners shall be a quorum for the 
 purpose of carrying into effect any of the provisions of this Ordinance 
 not otherwise specially directed. 
 
 (3.) The Chairman or any two of the Commissioners shall have 
 the power of adjourning any meeting to any future reasonable time 
 that he or they may think fit. 
 
 VOL. I. J5 
 
 Meetings of the 
 Commissioners.
 
 212 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1851. 
 
 Placing of posts 
 denoting 
 Ijoundaries of 
 lots. 
 
 Effect of 
 defining 
 houndaries 
 of lots. 
 
 Certificate of 
 survey. 
 
 Passing of 
 transports to 
 persons 
 entitled. 
 
 Cost of 
 tra)i sport. 
 
 8. Within one week after such election as aforesaid, or as soon 
 thereafter as practicable, any one or more of the Commissioners, accom- 
 panied by a Sworn Land Surveyor employed by the Commissioners, 
 shall enter upon each of the lots or allotments laid down in the survey 
 of lands of Plantation Neio Orange Nassau, including the Village of 
 Buxton, made by the Sworn Land Surveyor James Hackett, in March, 
 1842, and shall, with such aid and assistance, cause such a number of 
 posts a'^ may be sufficient to denote the boundaries of each lot or allot- 
 ment to be placed and planted, and each of such posts shall be branded, 
 or otherwise substantially marked, with the initials of the Sworn Land 
 Surveyor, and with the number of the lot or allotment, 
 
 9. Straight lines drawn from post to post on each side and at each 
 end of each lot or allotment shall be the boundary line of each of the 
 said lots or allotments, and the land enclosed in the boundary lines of 
 each lot or allotment shall be held and considered to be, and shall be, 
 the full and free property of the person to whom, being one of the pro- 
 prietors by transport of the 2nd day of January, 1841, such lot or allot- 
 ment was given up by the other proprietors on a division amongst 
 themselves of the lands in question, as designated on the chart of the 
 said survey as aforesaid, or of any person representing by purchase at 
 execution sale as aforesaid any such proprietor by transport. 
 
 10. Posts denoting the boundary lines of each lot or alloiment laid 
 down in the survey being placed and planted as aforesaid, a certificate, 
 signed by such Commissioner or Commissioners and Sworn Land Sur- 
 veyor, to the effect that posts denoting the boundary lines according 
 to the Ltts or allotments laid down in the said survey have been placed 
 and planted by such Sworn Land Surveyor on the boundary lot of 
 each of the said lots or allotments in presence of such Commissioner or 
 Commissioners shall be attached to the said survey, and the said cer- 
 tificate shall be countei'signed by the Chairman, and shall contain 
 a list of the names of the proprietors by transport on the 2nd day of 
 January, 1841, and of all persons representing by purchase at execu- 
 tion sale as aforesaid any proprietor by transport, and the number of 
 the lots or allotments to them respectively belonging ; and such survey, 
 certificate, and list shall be deposited in the Registrar's Office for the 
 Countries of Demerara and Essequebo. 
 
 11. — (1.) Two or more of the Commissioners, of whom the Chairman 
 shall be one, shall have full power and authority to pass, and shall 
 pass, to each person or his legal ref Te.sentatives entitled by the original 
 transport or execution sale as aforesaid to a lot or allotment a transport 
 of the same, and thereupon such transport shall be to all intents and 
 purposes evidence in all Courts and in all cases. 
 
 (2.) The proprietor of any such lot or allotment, and his heirs, 
 shall have full power to sell, alienate, convey, and transport the said 
 lot or allotment in the same mode and manner as if he had had and 
 held originally a title separate and distinct by transport from all the 
 other joint proprietors of the said plantation. 
 
 12. For every such transport including the grosse copy thereof, 
 advertisements in Th". Official Gazette, and all other expenses, the 
 Kegi.strar shall be entitled to charge and receive a sum of one dollar 
 and fifty cents, and no more, and such sum shall be paid by the party 
 receiving the transport.
 
 A.D. 1851.] PARTITION OF VILLAGE LANDS. 
 
 [No. 1. 
 
 213 
 
 13. — (1.) Notwithstanding the provisions contained in the last five 
 preceding sections, it shall be lawful for the Cominissioners, aided and 
 assisted by any two additional J ustices of the Peace whom the Governor 
 may from time to time be pleased to apjjoint, to receive, entertain, and 
 determine the claim of any purchaser of Plantation New Orange Nassau, 
 inclu<]ing the Village of Buxton, ov his heirs, executors, or adminis- 
 trators, in and to any lot or any porton or part of any lot laid down 
 on the chart of the survey of the said plantation, including the said 
 Village, whether the name of such purchaser has been stated or not in 
 the transport of the said plantation, including the baid Village, dated 
 the 2nd day of January, 1841. 
 
 (2,) Upon any such claim being admitted and determined by the 
 Commissioners, aided and assisted as aforesaid, the Commissioners shall 
 grant to such claimant a title in and to the lot so claimed by him in 
 the same mode and manner as if the name of such claimant, being one 
 of the purchasers as aforesaid, had been inserted in the said transp.^rt 
 of the 2nd day of January, 1841 ; and such title, when so granted, 
 shall be to all intents and purposes a good, legal, and valid title. 
 
 14. The Commissioners shall value each of said lots or allotments 
 independently of the buiJdini^s and cultivation thereon, and shall assess 
 the rate or portions to be paid in respect of each of the said lots 
 or allotments towards the expenses incurred and to be incurred in 
 carrying into effect the provisions of this Ordinance. 
 
 15. — (1.) The amount assessed upon each lot or allotment shall be 
 paid by the person to whom the same is allotted within thirty days 
 after a demand of payment is served on him or on the lot or allotment, 
 or by nailing or fastening the same to any principal building, con- 
 spicuous tree, or paling of the said allotment ; and, in default of 
 payment, the Commissioners shall authorize, in writing, some fit and 
 proper person to proceed for the recovery of the same by summary 
 execution according to law. 
 
 (2.) In any such process it shall Ije sufficient to describe the Com- 
 missioners as Commissioners of tlie Village of Puxton, without specify- 
 ing their names or proving their authoiity. 
 
 1 6. All lots or allotments as aforesaid shall be, and the same are 
 hereby declared to be, liable and executable for the amount of any 
 such assessment as aforesaid, and the amount of any such assessment 
 due by or claimable against any such lot or allotment as aforesaid shall 
 be, and the same is hereby declared to be, preferent over and above 
 all claims of whatever nature, kind, or description, whether any such 
 claims are against such lot or allotment, or lot and buil'iings, or against 
 the proprietor thereof, anything in this or any law or Ordinance not- 
 withstanding, but the same shall not be preferent over any claims 
 against the whole of the proprietors or against the whole of the lands 
 of the said Plantation Naw Oranje Nassau, including the lands of the 
 Village of Buxton. 
 
 Determination 
 of subsequent 
 claims. 
 
 Assessment of 
 lots for 
 expenses. 
 
 Payment and 
 recovery of 
 amount 
 assessed. 
 
 Liability of lot 
 for amount 
 assessed. 
 
 Partition of other Lands. 
 
 17. If at any time the proprietors, by transport or by purchase at Eight of apph- 
 
 execution sale, of any other lands purchased iointly, and on which any cation of joint 
 TT 1 1 1 1 1111 1 1 ■ i> • 1 proprietors of 
 
 V illage has been established, such proprietors being nut fewer in number 
 than ten, or a majority of such propi'ietors, are desirous of having such 
 lands partitioned, and present to the Grovernor-in-Couacil a petition 
 
 YOU I, iOA 
 
 other Village 
 lands for 
 partition of 
 such landfl
 
 214 
 
 Procedure by 
 Commissioners 
 of such other 
 lands. 
 
 Power to the 
 Govemor-in- 
 Council to 
 declare estate 
 partitioned 
 under the 
 Ordinance to be 
 subject to 
 provisions of 
 the Ordinance. 
 
 Power to the 
 Govemor-in- 
 Coimcil to 
 declare lands 
 purchased by 
 more than ten 
 persons in 
 community to 
 be subject to 
 provisions of 
 the Ordinance. 
 
 Definition of 
 sliares of land 
 for purposes of 
 the Ordinance. 
 
 Restriction on 
 nunilier of 
 purchasers of 
 land in 
 common. 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1851. 
 
 praying for a partition of the same, it shall be lawful for the Governor- 
 in-Council, if he sees fib to do so, but not otherwise, to grant the 
 prayer of such petition, and thereupon the joint proprietors of any 
 such lands shall be subject to the provisions of this Ordinance, 
 mutatis mutandis. 
 
 18. If it appears that such last-mentioned proprietors have no plan 
 or survey of their lands by a Sworn Land Surveyor, it shall be lawful 
 for the Commissioners to be appointed and chosen according to the 
 provisions of this Ordinance, to have such lands surveyed by a Sworn 
 Land Surveyor at the costs and charges of such joint proprietors, to be 
 assessed and levied in manner and form provided by this Ordinance, 
 and thereafter to proceed to establish titles and recover expenses in 
 manner and form directed in this Ordinance. 
 
 19. If at any time the proprietors, under separate titles, of shares 
 of land situated on any tract of land formerly known as an estate, or 
 the majority of them, have availed themselves of the provisions of 
 this Ordinance, or if at any time it is shown to the Governor-in- 
 Council, by or on behalf of any one or more of the persons interested, 
 that any number of persons exceeding ten have purchased and 
 obtained transports or letters of decree for the whole or portions 
 of any tract of land previously known as an estate, it shall be lawful 
 for the Governor-in-Council, if he thinks fit, by order to be published 
 in The Official Gazette and some other newspaper of the Colony, to 
 declare such proprietors and their lands to be subject to the provisions 
 of this Ordinance. 
 
 20. If at any time it is shown to the Governor-in-Council, by or 
 on behalf of any one or more of the persons interested, that any number 
 of persons exceedini^ ten have purchased or entered into agreements, 
 verbal or written, for the purchase in community or in undivided shares 
 of the whole or of portions of any tract of land known as an estate, 
 it shall be lawful for the Governor-in-Council, if he thinks fit, to 
 direct the Registrar and any two Justices of the Peace whom he may 
 select, to receive, entertain, and detei'mine the claims of any such 
 purchasers or intending purchasers, and further to exercise all the 
 powers by this Ordinance conferred upon the Justices and Com- 
 missioners hereinbefore mentioned ; and the Governor-in-Council may 
 then, by Order to be published in The Official Gazette and some other 
 newspaper of the Colony, declare such purchaser;* or intending 
 purchasers and their lands to be subject to the provisions of this 
 Ordinance. 
 
 2 1 . For the purposes of this Ordinance, the shares of land in each 
 such estate shall be taken to be those lor which the claimants have 
 obtained transports or letters of decree, or those allotted, or to be 
 allotted to the respective proprietors or claimants thereof, under the 
 provisions of this Ordinance. 
 
 22. No greater number of persons than twenty (corporate bodies 
 excepteci) shall, after the 31st day of May, 1852, be allowed to purchase 
 any landed property in this Colony as joint tenants or tenants in 
 common or in community : and every such purchase of land by more 
 than twenty persons as aforesaid, except as before excepted, shall be 
 null and void, so that no transport of the same may be passed, nor any 
 part of the purchase money of the same be recovered in any Court of 
 Law or otherwise.
 
 A.D. 1851.] WEIGHTS AND MEASURES. [No. 2. 215 
 
 ORDINANCE No. 2 OF 1851. 
 
 An Ordinance for establishing Uniformity of Weights a. d. iss i. 
 and Measures in this Colony. ordinance 
 
 iVo. 17 0/1894, 
 
 [1st January, 1851.] ;.„»«„„,. 
 
 WHEREAS by an Act of Parliament passed in the fifth year of the 
 rei,a;n of His late Majority George the Fourth, chapter 74, in- 
 tituled " An Act for ascertaining and establishing Uniformity of 
 Weights and Measures," it was enacted, amongst other things, that the 
 straight line or distance between the centres of the two points in the gold 
 studsinthestraight brass rod then in the custody of the Clerk of the House 
 of Commons, whereon the words and figures "Standard Yard 1760" 
 were engraved, should be and the same was thereby declared to be the 
 original and genuine standard of that measure of length or lineal ex- 
 tension called a yard ; and that the same straight line or distance 
 between the centres of the said two points in the said gold studs in the 
 said brass rod, the brass being at the temperature of sixty -two degrees 
 by Fahrenheit's Thermometer, should be and was thereby denominated 
 the " Imperial Standard Yard," and should be, and was thereby 
 declared to be, the first or only standard measure of extension, where- 
 from or whereby all other measures of extension whatsoever, whether 
 the same be lineal, superficial, or solid, should be derived, computed, 
 and ascertained, and that all measures of length should be taken in 
 parts or multiples, or certain proportions of the said standard yard ; 
 and that one-third of the said standard yard should be a' foot, and the 
 twelfth part of such foot should be an inch ; and that the pole or perch 
 in length should contain five such yards and a half, the furlong two 
 hundred and twenty such yards, and the mile one thousand seven 
 hundred and sixty such yards ; 
 
 And whereas by the said Act of Parliament it was further enacted, 
 amongst other things, "that from and after the 1st day of May, 1825, 
 the standard brass weight of one pound Troy weight, made in the year 
 1758, then in the custody of the Clerk of the House of Commons, 
 should be, and the same was thereby declared to be, the original and 
 genuine standard measure of weight, and that such brass weight should 
 be and was thereby denominated the " Imperial Standard Troy Pound," 
 and should be, and the same was thereby declared to be, the unit or 
 only standard measure of weight, from which all other weights should 
 be derived, computed, and ascertained ; and that one-twelfth part of 
 the said Troy pound should be an ounce ; and that one-twentieth part 
 of such ounce should be a pennyweight ; and that one twenty-fourth 
 of such pennyweight should be a grain ; so that five thousand seven 
 hundred and sixty grains should be a Troy pound, and that seven 
 thousand such grains should be, and they were thereby declared to be, 
 a pound Avoirdupois ; and that one-sixteenth part of the said pound 
 Avoirdupois should be an ounce Avoirdupois ; and that one-sixteenth 
 part of such ounce should be a drachm ; 
 
 And whereas by the said Act of Parliament it was further enacted, 
 amongst other things, that from and after the 1st day of May, 1825, 
 the standard measure of capacity, as well for liquids as for dry goods, 
 should be the gallon, containing ten pounds Avoirdupois weight of
 
 216 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1851. 
 
 distilled water, weighed in air, at a temperature of sixty-two degrees 
 of Fahrenheit's Thermometer, the barometer being at thirty inches ; 
 and that a measure should be forthwith made of brass, of such contents 
 as aforesaid, under tlie direction of the Lord High Treasurer or the 
 Commissioners of His Majesty's Treasury of the United Kingdom, or 
 any three or more of them for the time being ; and such brass measure 
 should be and was thereby declare<l to be the "Imperial Standard 
 Gallon," and should be and \\ as tliereby declared to be the unit and only 
 standard measure of capacity, fi'om which all other measures of capa- 
 city to be used, as well for wine, beer, ale, spirits, and all sorts of 
 Hquids as for dry goods, should be derived, computed, and ascertained ; 
 and that all measures should be taken in parts or multiples, or 
 certain proportions of the said Imperial standard gallon ; and that the 
 quart should be the fourth part of such standard gallon ; and the pint 
 should be one-eighth of such standard gallon, and that two such gallons 
 should be a peck ; and eight such gallons should be a bushel ; and eight 
 such bushels a quarter of corn or other dry goods ; 
 
 And whereas by the said Act of Parliament it was further enacted, 
 amongst other things, that C(>pies and models of each of the said 
 standard yard, the said standard pound, and the said standard gallon, 
 and of such parts and multiples thereof respectively as the Lord High 
 Treasurer of the United Kingdom of Gieat Biitain and Ireland, or the 
 said Comissioners of His Majesty's Treasury, or any three of them, for 
 the time l)eing, should judge expedient, should, within three calendar 
 months next after the passing of that Act, be carefully made and 
 verified under the direction of the said Lord High Treasurer, or the 
 said Commissioners of His Majesty's Treasury, or any three of them, 
 for the time being ; and that the copies and models of the said standard 
 yard, oi. the said standard pound, and of the said standard gallon, and 
 of parts and multiples thereof, so forthwith to be made and verified as 
 aforesaid should, within three calendar months after the passing of that 
 Act, be deposited in the Office of the Chamberlains of the Exchequer 
 at Westminster, and that copies thereof, verified as aforesaid, should be 
 sent to the Lord Mayor of London, and the Chief Magistrates of 
 Edinburgh and Dublin, and of such other cities and places, and to such 
 other places and persons in His Majesty's dominions or elsewhere, as 
 the said Lord High Treasurer or the Commissioners of the Treasury 
 might from time to time direct ; 
 
 And whereas it is necessary for the security of commerce and for the 
 good of the community that weights and measures should be just and 
 uniform, and that the standard weights and measures of Great Britain 
 and Ireland, as hereinbefore defined, should be introduced into and 
 established throughout this Colony : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 
 
 Procuring and 
 custody of 
 niodols and 
 ropies of 
 Impf-'rial 
 Btandfirds of 
 lenj^h, weight, 
 and measure. 
 
 1. This Ordinance may be cited as the Weights and Measures 
 Ordinance, 1851. 
 
 2. — (1.) On the commencement of this Ordinance, the Receiver 
 General shall purchase or cause to be purchased, for each of the 
 Counties of the Colony at the expense of the Colony, a model and 
 copy of each of the said standards of length, weight, and measure, and 
 of each of the parts and multiples thereof mentioned in the preamble 
 of this Ordinance, which models and copies, when so purchased, shall
 
 A.D. 1851.] WEIGHTS AND MEASURES. 
 
 [No. 2. 
 
 217 
 
 be compared and verified with the models and copies deposited iu Her 
 Majesty's Excliequer, as mentioned in the said preamble, in such 
 manner as therein mentioned, and upon payment of such fees as are at 
 present payal)le upon the c(»mparison and verification of weights and 
 measuies, with the standards thereof. 
 
 (2.) One set of such models and copies so compared, upon their 
 arrival in this Colony, shall be placed hy the Receiver General for 
 custody and inspection with a Commissary of Taxation of each of the 
 said Counties, to be appointed by the Governor, and to be named 
 Inspector of Weights and Measures for the County, and the same shall 
 be produced by such Commissar)^ of Taxation, upon reasonaltle nf)tice, 
 at such time or times or place or places within the County as any 
 person or persons may, by writing under his or their hand or hands, 
 require, the person or persons requiring such production paying the 
 reasonable charges of the same. 
 
 3. AH superficial measure shall be computed and ascertained by the Computation 
 said standard yard, or by certain parts, multiples, or proportions of superliciul 
 thereof : Provided always that the quantities of all lands shall be 
 computed and ascertained by the Rhynland measure at present in 
 force in this Colony. 
 
 Articles to 1)e 
 sold by A\ oir- 
 dupois wei'^lit, 
 with cei'taiii 
 excejjtions. 
 
 4. From and after the commencement of this Ordinance, 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. 
 
 5. From and after the commencement of this Ordinance, the weight Stone, inmdred- 
 denominated a stone shall in all cases consist of fourteen standard ^^"olit,an ton. 
 pounds Avoirdupois, and the weight denominated an hundred -weight 
 
 shall consist of eight such stones, and the weight denominated a ton 
 shall consist of twenty such hundred-weight : Provided always that 
 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. 
 
 6. — (1.) Fi'om and after the commencement of this Ordinance, the Measure of 
 standard measure of capacity, as well for li(i|uids as for dry goods, c-ip^it-ity. 
 shall be the Imperial standard gallon mentioned and referred to in this 
 Ordinance, and such Imperial standard gallon shall be, and is hereby 
 declared to be, 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 ; and all measures of capacity shall be taken in parts 
 or multiples or certain proportions of the said Imperial standard gallon; 
 and the quart shall be the fourth part of such standard gallon, and the 
 pint shall be one-eighth of such standard gallon; and two such gallons 
 shall be a peck ; and eight such gallons shall be a bushel ; and eight 
 such bushels shall be a quarter of corn or other dry goods. 
 
 (2.) Whenever it may be necessary to convert the common wine 
 gallons heretofore in use in this Colony into Imperial gallons, six wine 
 gallons shall be held and be taken to be equal to five Imperial gallons, 
 and in the same proportion for any greater or lesser quantity. 
 
 7. All weights which may be made or imported after the commence- 'Weights and 
 ment of this Ordinance of the weight of one pound Avoirdupois or more "i^***^" j^ *° ^^
 
 218 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1851. 
 
 Prohibition of 
 8tamj)ing or 
 using weights 
 made of lead 
 or pewter. 
 
 Providing of 
 stamps for 
 Inspectors, and 
 use thereof. 
 
 Schedule. 
 
 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 ; 
 and all measures of capacity which may be made or imported after the 
 commencement of this Ordinance shall have their contents denomi- 
 nated, stamped, or marked on the outside of such measures, in legible 
 figures and letters. 
 
 8. 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 : Provided always that nothing herein 
 contained shall prevent the use of lead or pewter, or of any mixture 
 thereof, in the manufacture of weights, if they are wholly and substan- 
 tially 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 may be bond fide necessary for the purpose of adjusting 
 them, and of affixing thereon the stamp hereinafter mentioned. 
 
 9. — (1.) The Receiver General shall provide for the use of each 
 Inspector of Weights and Measures, 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 of the Colony, and such stamps 
 so provided shall be taken to be the stamps of the County for which 
 they may be provided, and all weights and measures whatsoever, except 
 as hereinafter excepted, which are used for buying and selling, or for 
 the collecting of any tolls or duties, or for the making of any charges 
 on the conveyance of any goods or merchandise, shall be examined and 
 compared with one or more of the copies of the Imperial standard 
 weights and measures provided under the authority of this Ordinance, 
 for the purpose of comparison by such Inspector, 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. 
 
 (2.) The fees for such examination, comparison, and stamping shall 
 be according to the scale contained in the Schedule to this Ordinance. 
 
 (3.) Every person who uses any weight or measure other than 
 those authorised by this Ordinance, or some aliquot part thereof as 
 hereinbefore de^scribed, or which has not been so stamped as aforesaid, 
 except as hereinafter excepted, or which is found light or otherwise 
 unjust, shall, on being convicted, forfeit a sum not exceeding twenty- 
 four dollars. 
 
 { 4 ) Any contract, bargain, or sale made by any such weight or 
 measure shall be wholly null and void. 
 
 (5.) Every such light or unjust weight and measure so used, on 
 being discovered by any Inspector as aforesaid, shall be seized, and, on 
 conviction of the person so using or possessinc the same, shall be for- 
 feited, broken up, and sold, and the proceeds thereof shall be paid to the 
 Receiver General or the Assistant Receiver General for the public use 
 of the Colony : Provided always that nothing herein contained shall 
 extend to require any single weight above fifty-six pounds to be inspected 
 and stamped, such weight of fifty-six pounds being the greatest of the 
 Imperial standard weights deposited in the Exchequer : Provided, also, 
 that nothing herein contained shall extend to require any wooden or 
 wicker measure used in the sale of lime or other articles of the like 
 nature, or any glass or earthenware jug or drinking cup, though repre- 
 sented as containing the amount of any Imperial measure, or of any
 
 A.D. 1851.] WEIGHTS AND MEASURES. 
 
 [No. 2. 
 
 219 
 
 multiple thereof to be stamped ; but any person buying by any vessel 
 represented as containing the amount of any Imperial measure, or of 
 any multiple thereof, is hereby authorized 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 
 uses such wooden or wicker measure, glass, jug, or drinking cup as 
 aforesaid ; and in case the person who uses such last-mentioned measure 
 or vessel refuses to make such comparison, or if, upon such comparison 
 being made, such wooden or wicker measure, glass, jug, or drinking 
 cup is found to be deficient in capacity, the person who uses the same 
 shall, on being convicted, be subject to the forfeitures and penalties 
 hereinbefore imposed on any person using a light or unjust weight or 
 measure. 
 
 10. Every Inspector of Weights and Measures, on the commence- 
 ment of this Ordinance, shall enter into a bond or recognizance to the 
 
 Duty of 
 Inspector of 
 Weights and 
 Measures as to 
 comparing and 
 stamping of 
 weights and 
 measures. 
 
 Giving of 
 
 security by 
 
 King in the sum of five hundred dollars for the due and punctual per- Weights and 
 formance of his duties under this Ordinance, and for a due and punctual measures. 
 return to the Receiver General, at the expiration of each and every 
 month, of all fees received by him under the authority of this Ordin- 
 ance, and for the safety of the stamps and copies of the Imperial standard 
 weights and measures committed to his charge, and for their due re- 
 storation and surrender to such person or persons as may be appointed 
 by the Governor to receive the same. 
 
 11. — (1.) Every Inspector of Weights and Measures shall examine, 
 compare, and stamp, if found correct, all such weights and measures as 
 may 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 shall enter minutes of all such compari- 
 sons, and give, if required, a certificate under his hand of every such 
 stamping. 
 
 (2.) Every Inspector who knowingly stamps any weight or measure 
 of any person residing within the limits of another County or District 
 than his own, shall forfeit a sum not exceeding ten dollars for every 
 weight or measure which he so stamps. 
 
 1 2. — (1 .) It shall be lawful for every Magistrate, Justice of the Peace, Powers of entry 
 and Commissary of Taxation, at all reasonable times, to enter any o? weights and 
 shop, store, warehouse, stall, yard, or place whatsoever, within the measures. 
 County to which he is appointed, or in which he acts, wherein goods 
 may be exposed or kept for sale, or may be weighed for conveyance or 
 carriage, and there to examine all weights, measures, steelyards, or 
 other weighing machines, and to compare and try the same with the 
 copies of the Imperial standard weights and measures required or 
 authorized to be provided under this Ordinance. 
 
 (2.) If, on such examination, it appears that the said weights or 
 measures are light and otherwise unjust, the same shall be seized, for- 
 feited, and dealt with as aforesaid, and the person or persons in whose 
 possession the same shall be, shall, on being convicted, forfeit a sum 
 not exceeding twenty-four dollars. 
 
 (3.) Every person who has in his or her possession a steelyard or 
 other weighing machine which, on such examination, is found incorrect 
 or otherwise unjust, or who refuses or neglects to produce for such 
 examination, when thereto requiredi all weights, measures, steelyards,
 
 220 
 
 No. 2.] THE LAWS OF BB IT IS If GUIANA; [A.D. 1851. 
 
 or other weighing machines which may be in his or her possession, or 
 otherwise obstructs or hindei'S such examination, shall be liable to a 
 like penalty. 
 
 Contracts, etc.. 
 to refer to 
 standard 
 weights and 
 measures, 
 unless contraiy 
 specified. 
 
 13. From and after the commencement of this Ordinance, all con- 
 tracts, bargains, sales, and dealings which may be made or had within 
 any part of the Colony for any work to be done, or for any goods, 
 wares, merchandise, or other thing to be sold, delivered, done, or agreed 
 for, by weight or measure, where no special agreement is made to the 
 contrary, shall be deemed, taken, and construed to be made and had 
 according to the standard weights and measures ascertained by this 
 Ordinance ; and in all cases where any special agreement is made with 
 reference to an}^ weight or measure established in this Colony, the ratio 
 or proportions which every such weight or measure bears to any of 
 the said standard weights or measures shall be expressed, declared, and 
 specified in such agreement, or otherwise such agreement shall be null 
 and void. 
 
 Penalty on 14. In case any Inspector, or any other person legally authorized to 
 
 W '^<^ht°^ d examine and stamp any weight or measure, stamps any weight or 
 Measures for measure without duly verifying the same by comparison with a 
 neglect of dutj'. copy of the Imperial Standard, or is guilty of a breach of any duty 
 imposed upon him by this Ordinance, or otherwise misconducts him- 
 self in the execution of his office, every such offender shall, for every 
 such offence, on being convicted thereof, forfeit a sum not exceeding 
 twenty-four dollars. 
 
 Forgery of 
 weight or 
 measure. 
 
 Penaltj' on 
 person pub- 
 lishing price 
 list, etc., 
 denoting 
 greater or less 
 weight or 
 measure than 
 Imperial weight 
 or measure. 
 
 15. — (1.) Every person who makes, forges, or counterfeits, or causes 
 or procures to be made, forged, or counterfeited, or knowingly acts 
 or assists in the making, forging, or counterfeiting, any stamp 
 or mark which is or may be used for the stamping or marking of 
 any weight or measure under this Ordinance, shall for every such 
 offence, on being convicted thereof, forfeit a sum not less than 
 forty-eight dollars and not exceeding two hundred and forty 
 dollars. 
 
 (2.) Every person who knowingly sells, utters, disposes of, or ex- 
 poses to sale any weight or measure with such forged or counterfeit 
 stamp or mark thereon shall for every such off'ence, on being convicted 
 thereof, forfeit a sum not less than ten dollars and not exceeding 
 forty eight dollars. 
 
 (3.) Every weight or measure with such forged or counterfeited 
 stamp or mark shall be forfeited, broken up, and sold, and the proceeds 
 thereof shall be paid to the Receiver General or the Assistant Receiver 
 General for the public use of the Colony. 
 
 16. From and after the commencement of this Ordinance, if any 
 person or persons prints or print, or if the clerk of any market or other 
 person makes, any return, price list, or price current in which the 
 denomination of weights and measures quoted or referred to denotes or 
 implies a greater or less weight or measure than is denoted or implied 
 by the same denomination of the Imperial weights and measures, 
 under and according to the provisions of this Ordinance, such person 
 or persons, or clerk of the market, shall forfeit and pay a sum not 
 exceeding five dollars for every copy of every such return, price list, 
 price current, journal, or other paper which he or they publishes or 
 publish.
 
 A.D. 1851.] WE TOUTS AND MEASURES. 
 
 [No. 2. 
 
 221 
 
 1 7. The Governor may appoint some fit and proper person to be an Appointment 
 
 Inspector of Weights and Measures for each Fiscal District, and the inspectors of 
 
 provisions of this Ordinance shall, mutatis mutandis, apply to such Wci;;hts and 
 
 Inspectors. ^^'''''''''^ 
 
 1 8. All penalties, forfeitures, and seizures under this Ordinance shall 
 be complained or infoiined of and recovered in manner and form pro- 
 vided by any Oidimmce foi- the time being in force regulating proce- 
 dure before Stipendiary Magistrates in the exercise of their summary 
 jurisdiction and appeals from the decisions of Stipendiary Magis- 
 trates, 
 
 Procedure and 
 
 appeal . 
 
 Hee Ordinate IS 
 
 No. 12 of 1893, 
 
 and No. 13 of 
 
 1898. 
 
 SCHEDULE. 
 
 Section 9. 
 
 Table of Fees to be taken isy Inspectors of Weights ani> Measures. 
 
 1. For examining, comparing, and stamping all Weights within their 
 respective jurisdictions : — 
 
 $ c. 
 
 1. Each weight, from half a hundred weight to a stone, both included . 20 
 
 2. Each weight under a stone to a pound . . . . . . 12 
 
 3. Each set of weights of a pound and under . . . . . 32 
 
 4. Each weighing machine and steelyard 48 
 
 2. For examining, comparing, and stamping all Wooden Measures within 
 their respective jurisdictions : — 
 
 1. Each bushel 8 
 
 2. Each half bushel 8 
 
 3. Each peck, and all under 8 
 
 4. Each yard 8 
 
 3. For examining, comparing, and stamping all jMeasures of Capacity of 
 Liquids made of Copper or other Metal, within their respective juris- 
 dictions : — 
 
 1. Each five-gallon 016 
 
 2. Each four-gallon 16 
 
 3. Each three-gallon 16 
 
 4. Each two-gallon . . . . . . . . . .016 
 
 6. Each gallon 16 
 
 6. Each half-gallon 16 
 
 7. Each quart, and under 16
 
 222 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1851. 
 
 ORDINANCE No. 3 OF 1851. 
 
 A. D. 185 1. ^N Ordinance to authorize the Importation into this 
 Colony of Books, being Foreign Reprints of Books 
 first composed, written, printed, or published in the 
 United Kingdom of Great Britain and Ireland, and 
 in which there is Copyright. 
 
 [17th December, 1851.] 
 
 WHEREAS by an Act passed in the Session of Parliament holden 
 in the fifth and sixth years of the reign of Her present Majesty, 
 
 C. 45. entitled " An Act to amend the Law of Copyright," it is, 
 
 amongst other things, enacted that it shall not he lawful for any 
 person, not being the proprietor of the copyright, or some person 
 authorized by him, to import into any part of the United Kingdom 
 or into any other part of the British Dominions, for sale or hire, any 
 printed book first composed or written, or printed or published, in any 
 part of the United Kingdom wherein there is copyright, and reprinted 
 in any country or place whatsoever out of the British Dominions : 
 
 And whereas by an Act passed in the Session of Parliament holden 
 in the eighth and ninth years of the reign of Her present Majesty, 
 
 ^ ^^M^''^ entitled " An Act to regulate the Trade of the British Possessions 
 abroad," books wherein the copyright is subsisting, first composed, or 
 written, or printed in the United Kingdom, and printed or reprinted 
 in any other country, are absolutely prohibited to be imported into the 
 British Possessions abroad ; 
 
 And whereas by an Act passed in the Session of Parliament holden 
 in the tenth and eleventh years of the reign of Her present Majesty, 
 
 ^- ^^- entitled " An Act to amend the law relating to the Protection in the 
 
 Colonies of Works entitled to Copyright in the United Kingdom," it is 
 enacted that in case the Legislature or proper legislative authorities 
 in any British Possession shall be disposed to make due provision for 
 securing or protecting the rights of British authors in such possession, 
 and shall pass an Act or make an Ordinance for that purpose, and 
 shall transmit the same in the proper manner to the Secretary of 
 State, in order that it may be submitted to Her Majesty, and in case 
 Her Majesty shall be of opinion that such Act or Ordinance is suflTi- 
 cient for the purpose of securing to British authors reasonable protec- 
 tion within such possession, it shall be lawful for Her Majesty, if she 
 thinks fit to do so, to express her royal approval of such Act or Ordin- 
 ance, and thereupon to issue an Order-in-Council declaring that, so 
 long as the provisions of such Act or Ordinance continue in force 
 within such Colony, the prohibitions contained in the aforesaid Acts 
 and hereinbefore recited, and any prohibitions contained in the said 
 Acts, or in any other Acts against the importing, selling, letting out 
 to hire, exposing for sale or hire, or possessing foreign reprints of books 
 first composed, written, printed, or published in the United Kingdom 
 and entitled to copyright therein, shall be superseded so far as regards 
 such Colony ;
 
 A.D. 1851.] BOOKS (FOREIGN REPRINTS). 
 
 [No. 3. 
 
 223 
 
 And whereas it is expedient to permit the importation into this 
 Colony of books so prohibited as aforesaid, subject to the restrictions 
 contained in the last aforesaid recited Act, and to the provisions here- 
 inafter contained : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance maybe cited as the Books (Foreign Reprints) Short title. 
 Importation Ordinance, 1851. 
 
 2. From and after the commencement of this Ordinance, it shall be Legalizing of 
 lawful to import into this Colony all books and reviews of whatsoever o"'f*oreiln 
 nature or kind, and from whatsoever country the same may be reprints of 
 imported, being reprints of books or reviews first composed, written, ^"tish books 
 
 printed, or published in the United Kingdom of Great Britain and 
 Ireland 
 
 and reviews. 
 
 3. On the importation into this Colony of every reprint of any such Duty on foreign 
 book or review as aforesaid, of whatsoever nature or kind the same j^i^g^ :^^ 
 may be, first composed, written, printed, or published in the United the Colony. 
 Kingdom aforesaid, and protected at the time of such importation by 
 
 the Acts of the Imperial Parliament to enforce the law of copyright, 
 whether imported from the United States or from any other foreign 
 country, there shall be paid to the Receiver General or the Assistant 
 Receiver General an ad valorem duty on the bond fide price of such 
 reprints of twenty per cent. : Provided always that, before the reprint 
 of any book or reviews as aforesaid is made liable to such ad valorem 
 duty as aforesaid, the said book or review shall have been duly regis- 
 tered according to the provisions of the above-recited Act of the Im- 
 perial Parliament passed in the Session holden in the fifth and sixth 
 years of the reign of Her present Majesty, entitled " an Act to amend 
 the Law of Copyright " : Provided, also, that, in order to provide a fund 
 for remunerating the officers who collect and keep the account of such 
 ad valorem duty as aforesaid, there shall be deducted and retained, out 
 of the duty so collected and paid as aforesaid, five per cent, on the 
 amount of such duty : Provided, also, that the said duty shall not be 
 paid on newspapers or other periodicals containing only extracts from 
 such books or reviews as aforesaid. 
 
 4, For the purpose of computing the duty payable on any reprint Mode of 
 imported as aforesaid, the value thereof shall be ascertained by the yalu^oiTforeiKn 
 declaration in writing made and subscribed before the Comptroller of reprint. 
 Customs or other proper officer receiving the entry of such reprints, or 
 
 his known agent, specifying the invoice price thereof, and that he 
 verily believes such invoice price was the true value thereof at the 
 place from whence the said reprint was imported ; and such invoice 
 price shall be deemed to be the value of the said reprint upon which 
 the duty imposed by this Ordinance shall be charged and paid : Pro- 
 vided always that if it appears to such Comptroller or other proper 
 officer that such reprint has been invoiced below the real and true 
 value thereof at the place from whence the same was imported, or if 
 the invoice price is not known, the said reprint shall in such case be 
 examined by two competent persons, to be nominated and appointed 
 by such Comptroller or other proper officer; and such persons shall 
 declare in writing what is the true and real value of such reprint in
 
 224 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1851. 
 
 this Colony ; and the value so declared shall be deemed to be the true 
 and real value of such reprint, and upon which the duty by this 
 Ordinance imposed shall be charged and paid. 
 
 Transmission 
 of returns and 
 duties collected. 
 
 Prohibition and 
 puiiisliment of 
 unlawful 
 importation of 
 foreign 
 reprints. 
 
 See Ordinances 
 No. 12 0/1893 
 and No. 13 of 
 1893. 
 
 Stamping of 
 rei)rint passed 
 for importation. 
 
 5. The Comptroller of Customs, whenever he may be required to do 
 so, shall furnish to the Governor or Lieutenant-Governor for the time 
 being a detailed account of all such books and reviews as aforesaid 
 which may have been imported into this Colony, with the amount of 
 duty levied and paid thereon, and shall transmit the same, together 
 with the amount of duties so collected, at least once a year to the 
 Commissioners of His Majesty's Customs, in order that the said duty 
 may be duly paid over to the registered proprietors of such books or 
 reviews i-espectively. 
 
 6. — (1.) After the commencement of this Ordinance, it shall not be 
 lawful for any 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 Oi'dinance, and hereby made liable to the duty aforesaid, con- 
 trary to the true intent and meaning hereof ; or knowingly to sell, 
 publish, or expose for sale, or let to hire, or have in his or her possession 
 for use, sale, or hire, any such reprint as aforesaid. 
 
 (2.) Every such reprint imported or brought into this Colony, and 
 sold, published, exposed for sale, or let to hire, contrary to any of the 
 provisions of this Ordinance, shall be forfeited and seized by any 
 Officer of Customs and sold, and one-half of the proceeds of the sale 
 thereof shall be paid to the Officer of Customs seizing the same, and 
 the other half to the registered proprietor of the copyright of the book 
 or review from which such reprint is made. 
 
 (3.) Every person so offending shall for every such offence, on 
 being convicted thereof, forfeit and pay the sum of twenty-four dollars 
 and double the value of every copy of such reprint which he or she so 
 imports or causes to be imported into this Colony, or knowingly sells, 
 publishes, exposes for sale, or lets to hire, or has in his or her posses- 
 sion for sale or hire, contrary to the true intent and meaning of this 
 Ordinance. 
 
 (4.) Every such sum shall be recovered in mode and manner 
 provided by any Ordinance for the time being in force regulating 
 procedure before Stipendiary Magistrates in the exercise of their 
 summary jurisdiction and appeals from the decisions of Stipendiary 
 Magistrates. 
 
 7. At the time of the entry of any reprint of any book or review as 
 aforesaid, it shall be the duty of the Comptroller of Customs or other 
 proper officer on passing such reprint, to stamp the same, for which 
 purpose he shall be furnished with the necessary stamps.
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. [No. 1. 225 
 
 ORDINANCE No. 1 OF 1852. 
 
 An Ordinance to provide for the Establishment of a.d. i852. 
 Industrial and Keformatory Schools and for the urdimnwen 
 Care- and Education of Destitute and Vagrant jJ^lfl^-^S 
 Children. %'^\ ,,™ 
 
 I btn March, looz.j iVo. iso/isee 
 
 and No. a of 
 1904, s. 12 
 
 E it enacted by the Governor of British Guiana, with the advice i,u:orporat€d. 
 and consent of the Court of Policy thereof, as follows : — See also 
 
 Ordinance 
 
 1. This Ordinance may be cited as the Industrial and Reformatory 
 Schools Ordinance, 1852. 
 
 B 
 
 No. I of 1879. 
 Short title. 
 
 2. In this Ordinance, unless it is otherwise expressly provided or interpretation 
 unless the context otherwise requires, — "^ tenns. 
 
 " Industrial School " means and includes any Industrial School 
 
 established and conducted by the Colony : 
 " Reformatory School " means and includes any Reformatory 
 
 School established and conducted by the Colony : 
 " Stipendiary Magistrate " means any Stipendiary Magistrate of 
 
 this Colony : 
 " Month " means a calendar month : 
 
 Every word importing the singular number only shall extend and 
 
 be applied to several persons, matters, and things, as well as to 
 
 one person, matter or thing : 
 Every word importing the plural number shall extend and be 
 applied to one person, matter, or thing, as well as to several 
 persons, matters, or things : 
 Every word importing the masculine gender only shall extend and 
 be applied to a female as well as to a male. 
 
 PART I. 
 
 General Provisions. 
 
 3, On the commencement of this Ordinance, all the lands, buildings, Vesting of 
 and effects, both movable and immovable, moneys, books, and papers ,^^]heCiwvn^ 
 of the Orphan Asylum and School of Industry o; British Guiana, and au industrial 
 all and singular the corporate property of the said Institution, shall School. 
 
 be and the same are hereby vested in His Majesty, for the support and 
 maintenance of an Industrial School under this Ordinance. 
 
 4. — (1.) The Governor, on behalf of His Majesty, may appoint some Appointment 
 fit person to be Managing Director of the Industrial and Reformatory DirectM-f ^^ 
 Schools established under this Ordinance, and such Managing Director master, and 
 shall hold office during pleasure. ^e"°^ °®"^"«' 
 
 (2.) The Governor may also appoint a master, matron, and such 
 officers and servants as he may consider necessary. 
 
 (3.) The salaries and wages of such master, matron, officers, and 
 servants, and all other charges and expenses which may be incurred 
 in the due maintenance of the said Industrial and Reformatory
 
 ne 
 
 No. 1.] THE LA WS OF BRITISH GUIANA . [A.D. 186S. 
 
 Schools respectively, shall be paid from and out of such moneys as 
 may from time to time be provided for that purpose by the Combined 
 Court. 
 
 Inspection of 
 Schools. 
 
 Annual account 
 of receipts and 
 expenditure 
 and report. 
 
 Framing of 
 regulations. 
 
 5. The Industrial and Reformatory Schools established under this 
 Ordinance shall be regularly visited and inspected by the Inspector of 
 Schools. 
 
 6. The Managing Director shall lay before the Governor and Court 
 of Policy, on or before the first day of March in each year, an exact 
 account of the receipts and expenditure of the Industrial and Reforma- 
 tory Schools as audited and approved by the Auditor General, and an 
 estimate of the sums likely to be required during the year then next 
 ensuing, and also a report of the state and condition of the Industrial 
 and Reformatory Schools, in such form and containing such particulars 
 as the Governor may direct. 
 
 7. — (1.) It shall be the duty of the Managing Director from time to 
 time to frame regulations for the following purposes, that is to say, — 
 
 (a.) For the guidance of the Managing Director of the Indus- 
 trial and Reformatory Schools m the discharge of his duties ; 
 
 (h.) For the management and discipline of the Industrial and 
 Reformatory Schools respectively ; and 
 
 (c.) For the education, training, moral and religious instruc- 
 tion, and apprenticeship of the children and youthful 
 offenders sent to the Industrial and Reformatory Schools 
 respectively. 
 
 (2.) All such regulations shall be laid before the Governor and 
 Court of Policy for approval, and, if approved, shall be published in 
 The Official Gazette for general information, and shall be thereupon 
 legal, valid, and binding upon all persons concerned. 
 
 Children 
 
 admissible into 
 
 Industrial 
 
 School. 
 
 Power to send 
 destitute child 
 to Industrial 
 School. 
 
 <See also 
 Ordinance 
 No. 12 0/1903, 
 a. 27. 
 
 PART II. 
 
 Industrial Schools. 
 
 8. All poor and destitute children, of both sexes, who have lost by 
 death one or both parents, 6r who have been deserted by one or both 
 parents, and who do not exceed the age of fourteen years, and are not 
 idiots or lunatics, shall be eligible to be received in an Industrial 
 School on the order of the Managing Director : Provided always that 
 children both of whose parents are dead shall be preferred to those 
 who may have one parent alive : Provided, also, that where there is 
 any necessity for selection of one child from any two or more, the one 
 who is most needy and destitute shall be preferred. 
 
 9. Any Justice of the Peace, on its coming to his knowledge that 
 any child under the age of twelve 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 Justice, and such two Justices shall inquire into the 
 condition of such child, and the condition of the person in whose pos- 
 session such child may be, and if it appears to such Justices that the 
 person in possession of such child is not entitled to such possession, and 
 that such child is not properly fed, clothed, and educated, such Justices
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 227 
 
 shall issue a warrant to any police officer or constable authorizing him 
 to take charge of sucli child and convey it to an Industrial School. 
 
 10. AH children as aforesaid, not labouring under either of the Transfer to 
 
 disabilities aforesaid, under the age of fourteen years, and who may |"ij"^*"y/ 
 
 become chargeable to the Poor Law Commissioners, shall be transferred chndren 
 
 to an Industrial School by the said Commissioners. (6 of 1904, s. 12.) chargeable to 
 
 '' Poor Law. 
 
 1 1 . All children admitted into an Industrial School under the Time during 
 provisions hereinbefore contained shall be held to be permanently ad- ^'^^'^Jj remS" 
 mitted into the same, there to remain until the time shall arrive for in industrial 
 apprenticing them out as hereinafter provided, (s. 13 (1).) Seliool. 
 
 1 2. No relation of any such child, or other person, shall remove, or Penalty on 
 aid or assist in removing, except with the consent and approbation of the person enticing 
 Managing Director first had and obtained, or shall seduce, entice away, from Industrial 
 harbour, or conceal, or aid or assist in seducing, enticing away, bar- School, 
 bouriug, or concealing any such child, upon pain of forfeiting for every 
 
 such ottence a sum not exceeding fifty dollars ; and, moreover, and in 
 addition to every such penalty, the Justices of the Peace convicting in 
 any such penalty shall issue a warrant, directed to any police officer or 
 constable, to arrest and take possession of such child so removed, 
 seduced, enticed away, harboured, or concealed, and restore tne same 
 to the said School, (s. 13 (2).) 
 
 Classes of Children to he detained in Industrial School. 
 
 13. In addition to the children who may be admitted into an Power to arrest 
 
 Industrial School under and bv virtue of the provisions hereinbefore ^^^^. ^omid 
 
 bcsiD*^ etc. 
 contained, any person may bring before any Stipendiary Magistrate *" 
 
 any child apparently under the age of fourteen years who comes within 
 
 any of the following descriptions, that is to say, who — 
 
 (a.) Is found begging or receiving alms (whether actually or 
 
 under the pretext of selling or otfering for sale anything) or 
 
 being in any street or public place for the purpose of so 
 
 begging or receiving alms ; or 
 (6.) Is found wandering and not having any home or settled 
 
 place of abode, or proper guardianship, or visible means of 
 
 subsistence ; or 
 (c.) Is found destitute, either being an orphan or having a 
 
 surviving parent who is undergoing imprisonment or penal 
 
 servitude ; or 
 (d.) Frequents the company of reputed thieves, (s. 14 (1).; 
 
 14. The Stipendiary Magistrate before whom a child is brought as Power to send 
 coming within one of those descriptions, if he is satisfied on inquiry of jH'^U*'- i 
 that fact, and that it is expedient to deal with him under this Ordinance, school. 
 may order him to be sent to an Industrial School, (s. 14 (2).) 
 
 15. Where a child apparently under the age of twelve years is Power to send 
 
 charged before a Stipendiary Magistrate with an offence punishable by tj^ j'^"*'^^*""^ 
 
 imprisonment or a less punishment; but has not been convicted of ehar<»ed with 
 
 felony, and the child ought, in the opinion of the Magistrate (regard offence. 
 
 being had to his age and to the circumstances of the case), to be sent See also 
 
 - „ Ordinances 
 
 VOL. I. 16
 
 225 No, 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1852. 
 
 No. 17 of 1893, 
 s. 19, and 
 No. 18 0/1893, 
 s. 26. 
 
 Power to send 
 to Industrial 
 School 
 refractory child. 
 
 to an Industrial School, the Magistrate may order him to be sent to 
 such School. 
 
 1 6. When the parent or step-parent or guardian of a child apparently 
 under the age of fourteen years represents to a Stipendiary Magistrate 
 that he is unable to control the child and that he desires that the 
 child be sent to an Industrial School under this Ordinance, the 
 Magistrate, if he is satisfied on inquiry that it is expedient to deal 
 with the child under this Ordinance, may order him to be sent to an 
 Industrial School. 
 
 Form and 
 contents of 
 order sending 
 child to 
 Industrial 
 School. 
 
 First Schedvile : 
 Form No. 1. 
 
 Effect of order 
 of detention. 
 
 Evidence of 
 order of 
 detention. 
 
 Order of Detention in Industrial School. 
 
 17. The order of a Stipendiary Magistrate sending a child co an 
 Industrial School (in this Ordinance 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, being such time as to the 
 Magistrate may seem proper for the teaching and training of the child, 
 but not in any case extending beyond the time when the child will 
 attain the age of sixteen years. 
 
 18. The order of detention shall be forwarded to the master of the 
 Industrial School with the child, and shall be a sufficient warrant for 
 the conveyance of the child thither and his detention there. 
 
 1 9. Any instrument purporting to be an order of detention in an 
 Industrial School and to be signed by a Stipendiary Magistrate, or 
 purporting to be a copy of such an order and to be certified as sach by 
 the Clerk to the Stipendiary Magistrate by whom the order was made, 
 shall be evidence of the order. 
 
 Subjects of 
 instruction in 
 Industrial 
 School. 
 
 Instruction in Industrial School. 
 
 20. The boys admitted into an Industrial School shall be instructed 
 in reading, writing, and arithmetic, in all such branches of agriculture, 
 and in all such trades as the Managing Director may think proper to 
 order, subject to any regulations in that behalf ; and the girls admitted 
 into an Industrial School shall be instructed in reading, writing, and 
 arithmetic, in plain sewing, cooking, washing, scouring, and all other 
 matters of domestic economy. 
 
 Permission to 
 child to lodge 
 out of 
 Industrial 
 School. 
 
 Management of Industrial School. 
 
 21. The Managing Director may permit any child sent to an In- 
 dustrial School under this Ordinance to lodge at the dwelling of his 
 parent or of any trustworthy and respectable person, so that the 
 master of the 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 Governor, in such manner as the Governor may think 
 fit to require, every instance in which he exercises a discretion under 
 this section. 
 
 Licence to child 22. — (1.) The Managing Director may, with the approval of the 
 after six months Governor, at any time after the expiration of six months of the period 
 Industeil "^ ^^ detention allotted to a child, by licence under his hand, permit him 
 School. to live with any trustworthy and respectable person named in the 
 
 licence and willing to receive, teach, train, and take charge of him.
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 229 
 
 Power to 
 
 apprentice 
 child placed out 
 on licence. 
 
 (2.) Any licence so granted shall not be in force for more than 
 six months, but may, at any time before the expiration of those six 
 months, be renewed for a fm-ther period, not exceeding six months, to 
 commence from the expiration of the previous period of six months, 
 and so from time to time until the period of detention of the child is 
 expired. 
 
 (3.) Any such licence may also be revoked at any time by the 
 Managing Director, by writing under his hand, with the approval of 
 the Governor, and thereupon the child to whom the licence related 
 may be required by him, by writing mider his hand, to return to 
 the School. 
 
 (4.) The time during which a child is absent from an Industrial 
 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. 
 
 (5.) Any child escaping from the person with whom he is placed 
 under a hcence, or refusing to return to the Industrial 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 and shall be 
 liable to the same penalty. 
 
 23. 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 eighteen years apprentice to any 
 trade, calHng, or service, notwithstanding that his period of detention 
 has not expired ; and every such binding shall be valid and effectual to 
 all intents. 
 
 24. A certificate purporting to be signed by the Managing Director, Evidence as to 
 or by the master of an Industrial School, to the efi'ect that the child t^^'J^^'"","' 
 therein named was duly received into and is, at the signing thereot^. School, 
 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. 
 
 25. No order of the Managing Director nor any by-law shall oblige Protection of 
 any child in an Industrial School who is born of Christian parents to 
 attend or be present at any religious service which may be celebrated 
 in a mode contrary to the religious principles of the parents of such 
 child, if known, or shall authorize the education of any child in the 
 School 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 godfather, or godmother of such child, being 
 a Christian, objects : Provided always that it shall be lawful for any 
 regular Minister of the Christian religious persuasion of the parents of 
 any child in an Industrial School, at such times in the day as the 
 Managing Director may appoint, to visit the School 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 : Provided, also, 
 that whenever there are twenty children or upwards of any particular 
 denomination of Christians in an Industrial School, a teacher of such 
 particular denomination shall be employed for the purpose of more 
 especially attending to the religious instruction of such children, but 
 
 rij^lits of 
 conscience. 
 
 VOL. I. 
 
 i6A
 
 §30 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1S5S. 
 
 such teacher may, nevertheless, be made useful in imparting secular 
 
 instruction to the children in general. 
 
 Inquiry as to 
 propriety of 
 binding cliUd 
 to particular 
 pei-son. 
 
 Keeping of 
 register of 
 apprentices. 
 First Scliedule ; 
 Form No. 2. 
 
 J'uniishing 
 of copy of , 
 register to 
 master, and 
 payment of fee. 
 
 IMiitual 
 obligations of 
 master and 
 apprentice. 
 
 Apprenticeship of Children in Industrial School. 
 
 26. Before any child is bound apprentice by the Managing Director 
 of an Industrial (School, such child shall be carried before two Justices 
 of the Peace, who shall inquire into the propriety of binding such child 
 appi'entice to the person to whom it may be proposed by the Managing 
 Director to biud such child, and such Justices shall particularly inquire 
 and consider whether such person resides or has his place of business 
 within a reasonable distance from the place to which such child may 
 belong, having regard to the means of communication between such 
 places, or whether any circumstances make it fit, in the judgment of 
 such Justices, that such child shouid be placed apprentice at a greater 
 distance, and if the father or mother of such child is living and resides 
 in or near to the place to which such child may belong, such Justices 
 stiall, if they see tic, examine such father or mother, and shall particu- 
 larly inquire as to the distance of the residence or place of busmess of 
 the person to whom it may be proposed to bind such child and the 
 means of communication therewith, and such Justices shall also in- 
 quire into the circumstances and character of such person, and if such 
 Justices, on such examination and inquiry, think it proper that such 
 child should be bound apprentice to such person, such Justices shall 
 sign the register of apprenticeship, and such signing shall be considered 
 and shall be a declaration that such person is a fit person to whom such 
 child may be properly bound as an apprentice, and such siguing shall 
 be an order of such Justices and a warrant for binding such child 
 apprentice as aforesaid. 
 
 27. — (1.) There shall be kept at an Industrial School by the master 
 thereof, a register of all apprentices bound out, in the Form No. 2 con- 
 tained in the First Schedule to this Ordinance, and such register shaU 
 contain the number, date of apprenticeship, name, and age of the appren- 
 tice, the name and names, if known, of his parent, the name of the person 
 to whom such apprentice is bound, the trade and residence of such 
 person, and the names of the parties to the act of apprenticeship, 
 including the Justices of the Peace ; and all such particulars being 
 entered in such register shall be the act and articles of apprenticeship. 
 (2.) A copy of such register purporting to be authenticated by 
 such master as aforesaid shall be evidence of such apprenticeship, and 
 shall be so received by all Courts, Judges, Magistrates, and Justices of 
 the Peace, withouc any further proof of apprenticeship, and without 
 proof of the handwriting of such master. 
 
 28. — (1.) Every person taking an apprentice as aforesaid shall be 
 furnished with a copy of such register authenticated by such master 
 as aforesaid, and such copy shall be considered and held to be the 
 counterpart of the act or articles of apprenticeship. 
 
 (2.) Such person shall pay to the Keceiver General a sum of not 
 less tiian ten dollars, to be applied to the use of the Industrial School, 
 and no apprenticeship shall be valid ur bmuiiig unless it appears by 
 the register, or an authentic copy thereof, that such fee has been paid. 
 
 29. — (1.) Every person so taking an apprentice as aforesaid shall 
 sign his name in the column of the register appropriated to the same,
 
 A.D. 1852.] INDTJSTRTAL, HITC, SCHOOLS. 
 
 [No. 1. 
 
 231 
 
 and thereupon such person shall become bound and obliged to provide 
 such apprentife during the continuance of the apprentice«ihip with 
 sufficient clothing, meat, drink, lodging, medical attendance, and all 
 other necessaries. 
 
 (2.) By the signature of the Managing Director in the column of 
 the register appropriated to the same, the apprentice shall become 
 bound and obliged to serve his master faithfully during the whole term 
 specified in the said register, and during all that time he shall be bound 
 and obliged to keep the secrets of his master, to obey all his lawful 
 commands, not to do any damage to his master nor see any damage 
 done by others, but shall prevent the same or give notice of the same 
 to his master, not to waste the goods of his master nor lend them 
 unlawfully to any, not to commit fornication nor contract matrimony, 
 nor to play at cards, dice, tables, or any other unlawful game whereby 
 his master may have or sustain any loss, not to haunt taverns or grog 
 shops, not to absent himself from his master's service by day or by night 
 unlawfully, but as a faithful apprentice to behave himself towards his 
 master in all things. 
 
 (3.) A copy of this and the last three preceding sections shall be 
 printed at the foot of each authenticated copy of the register when 
 given off as aforesaid. 
 
 30. If any apprentice under this Ordinance runs away from or Apprehension 
 leaves the service of his master, it shall be lawful for any Justice of ^^ina° ^ay 
 the Peace to grant a warrant, directed to any officer of the Police 
 
 Force or constable, to arrest such apprentice and bring him before him, 
 the said Justice, or any other Justice of the Peace, to be dealt with 
 according to law. 
 
 31 . It shall be lawful for any Justice, on any complaint or application Misusage of 
 by any apprentice under this Ordinance, or by any person on behalf of 
 
 any such apprentice, touching or concerning any misusage, refusal of 
 clothing, meat, drink, lodging, medical attendance, or other necessarv, or 
 cruelty, or other ill-treatment of or toward such apprentice, by his master, 
 to summon such master to appear before such Justice and some other 
 Justice at a reasonable time to be named in such summons ; and such 
 two Justices shall examine into the matter of such complaint ; and on 
 proof thereof to their satisfaction (whether the master is present or not, 
 if service of the summons is proved upon oath), the said Justices 
 may convict the offender for every such offence in a penalty not 
 exceeding twenty-five dollars, to be levied by distress and sale of his 
 goods by warrant under the hand of either of the said Justices, and to 
 be applied to the use of the Industrial School, and such Justices shall 
 moreover, discharge from apprenticeship such apprentice, by warrant or 
 certificate under their hands, for which warrant or certificate no fee 
 shall be paid. 
 
 ni-behaviour 
 of apprentice. 
 
 32. On application or complaint made upon oath by any master 
 touching or concerning any misdemeanour, miscarriage, or ill-behaviour 
 of any such apprentice in his service, it shall be lawful for any Justice 
 to hear, examine, and determine the same, and to punish the offender 
 by commitment to any prison, there to remain in solitary confinement 
 for a reasonable time, not exceeding fourteen days. 
 
 33. — (1.) If any apprentice absents himself from his master's service Liability of 
 before the term of his apprenticeship has expired, he shall, at any time absenting
 
 232 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1852. 
 
 himseK to 
 double term of 
 service. 
 
 Effect of 
 
 misconduc 
 
 master. 
 
 Insolvency of 
 master. 
 
 Death of 
 master. 
 
 First Schedule : 
 Form No. 3. 
 
 thereaftpr, whenever he maybe found, be compelled to serve his master 
 two days for every day on which he may have so absented himself from 
 such service, unless he makes satisfaction to his master for the loss he 
 may have sustained by his absence from his service, and so from time 
 to time, as often as any such apprentice, without leave of his master, 
 absents himself from his service before the term of his apprenticeship 
 has been fulfilled, 
 
 (2.) In case any such apprentice refuses to serve as hereby re- 
 quired, or to make such satisfaction to his master, such master may 
 complain, upon oath, to any Justice of the Peace, who shall issue a 
 warrant under his hand and seal for a]iprehending such apprentice, 
 and such Justice, on hearing the complaint, may determine what satis- 
 faction shall be made to such master by such apprentice, and in case 
 such apprentice does not give security to make such satisfaction accord- 
 ing to such determination, it shall and may be lawful for such Justice 
 to commit such apprentice to prison, there to remain in solitary confine- 
 ment for any time rot exceeding fourteen days. 
 
 34. Where any such apprentice has been discharged from his ap- 
 prenticeship to any person as aforesaid, under and by virtue of this 
 Ordinance, in consequence of the misconduct of such master, it shall 
 not be lawful for the Managing Director of an Industrial School to 
 bind any other apprentice to such person, and every indenture, articles 
 of apprenticeship, and contract of whatever kind purporting to bind 
 any child of such School to any such person shall be null and void. 
 
 35. When any child as aforesaid is an apprentice to any person who 
 is declared a bankrnpt or adjudged an insolvent, such bankruptcy or 
 insolvency shall be and inure as a complete discharge from apprentice- 
 ship of the apprentice, who shall thereupon be bound out by the 
 Managing Director to any other person for the unexpired period of the 
 original term. 
 
 36. — (1.) Within three months after the death of any master, it shall 
 be lawful for any two Justices of the Peace, on applic ation made by the 
 widow of such master, or by any son or daughter, brother or sister, or 
 by any executor or administrator, of such master, or of his estate and 
 effects, to a'ssign, with the consent of the Managing Director, such 
 apprentice to serve as an apprentice to any one of such persons so 
 making such application as aforesaid (such person having lived with 
 and having been part of the family of such master at the time of his 
 death) as the said Justices may, in their discretion, think fit, for and 
 during the residue of the term mentioned in such articles of appren- 
 ticeship ; and the person obtaining such order shall declare his accept- 
 ance of such apprentice by subscribing his name to such order. 
 
 (2.) From and after the making of the order, the executors and 
 administrators, and the personal assets, estate, and effects of the master 
 so dying as aforesaid shall be released and discharged of and from any 
 promise, covenant, or obligation whatsoever on the part of such master, 
 his executors or administrators, to be done or performed ; and the per- 
 son obtaining the same shall be taken to be and shall be the master of 
 such apprentice. 
 
 (3.) Such assignment shall be in the form or to the effect set forth 
 in the Form No. 3 contained in the First Schedule to this Ordinance : 
 Provided always that no such assignment shall be valid or good in law
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 233 
 
 until the same has been exhibited to the Managing Director and has 
 been countersigned by him, and recorded in the register of the School. 
 
 37. All and singular the regulations and provisions hereinbefore Death of 
 made and directed to take place on the death of the original master ^^rtX'"* 
 shall be deemed and taken to relate to the like event of the death of 
 
 any subsequent master, and to his several relations and representatives 
 before enumerated, from time to time, as often as the case may happen 
 during the continuance of the term mentioned in any act or articles of 
 apprenticeship. 
 
 38. In case no such application is made as aforesaid within three Case of no 
 months next after the death of any such master, or in case such Justice '''P||''^''^Jj'T ,,^j, 
 to whom any such application as aforesaid is made does liot think fit ^f master, etc. 
 that such apprenticeship should be continued, then the said apprentice- 
 ship shall be determined, and the act or articles of apprenticeship and 
 covenants therein contained shall be at an end, and the Managing 
 
 Director may apprentice out the child to some other person until the 
 expiration of the original term. 
 
 39. Nothing herein contained shall extend or be construed to extend Restriction of 
 to any apprentice, except such only as may be living with and make apprentice*" 
 part of the family, or may be in the actual employment of such original Uving with 
 master, or of any subsequent master appointed under and by virtue of family. 
 
 the several provisions of this Ordinance at the time of the bankruptcy, 
 insolvency, or death of any such master. 
 
 40. In case any master as aforesaid, during the term of any such 
 apprenticeship as aforesaid, or any executor or administrator of any 
 such master during such three months as aforesaid, refuses or neglects 
 to maintain and provide for any such apprentice according to the pro- 
 visions of this Ordinance, it shall and may be lawful for any such 
 Justice of the Peace, on complaint of such apprentice or of any person 
 on his behalf, by warrant under his hand, to levy, by distress and sale 
 of the personal estate and effects of such master or such executor, such 
 sum or sums of money as may be necessary for the maintenance and 
 clothing of such apprentice, and such sum and sums shall be over and 
 above and independent of any fine or penalty that may be levied under 
 any of the provisions of this Ordinance. 
 
 41. — (1.) It shall be lawful for any master of any such apprentice as 
 aforesaid, by and with the consent of the Managing Director and with 
 the approbation of two Justices as aforesaid, to assign such apprentice 
 to any person who is willing to take such apprentice for the residue of 
 the term mentioned in the articles of apprenticeship ; and such assign- 
 ment may be in the form or to the effect mpntioned in the Form No. 2 
 contained in the First Schedule to this Ordinance. 
 
 (2.) In such case such apprentice shall be deemed and taken to be 
 the apprentice of such subsequent master to whom such assignment 
 may be made, to all intents and purposes whatsoever, and so from time 
 to time as often as it may be necessary or convenient for any such 
 subsequent master to part with any such apprentice ; and two Justices 
 of the Peace shall have the like power and authority, in the several 
 cases last mentioned, with respect as well to the subsequent master 
 as to the apprentice, as if such apprentice had been originally bound 
 to such master. 
 
 Failure of 
 master to 
 maintain 
 apprentice. 
 
 Assignment of 
 apprentice. 
 
 First Schedule : 
 Form No. 2.
 
 234 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1852. 
 
 Eights of 
 apprentice 
 on being 
 discharged. 
 
 Power to 
 punish 
 
 apprentice dis- 
 charged for 
 ill-behaviour. 
 
 Case of master 
 removing his 
 residence. 
 
 (3.) Such last-mentioned master and apprentice, respectively, shall 
 be sulDJect and liable to the several penalties, provisions, and regulations 
 of this Ordinance. 
 
 42. Where any apprentice is discharged, the Justices discharging 
 him may order the person who was his master to deliver up to such 
 apprentice his clothes and wearing apparel, and also to pay to the 
 Industrial School any sum not exceeding twenty-five dollars, to be 
 applied to the uses of the said School or for the benefit of such appren- 
 tice, as to such Justices may seem meet, and also to pay any sum not 
 exceeding twenty-five dollars, in case such master refuses to deliver up 
 such clothes and wearing apparel ; and, on his refusal to pay the sums 
 so ordered, or either of them, or any part thereof, such Justices shall 
 levy the same by distress, together with the reasonable expenses of 
 such distress. 
 
 43. To prevent the expectation of a discharge being an inducement 
 to ill-behaviour on the part of an apprentice, in all cases where any 
 apprentice is discharged by any Justices, under and by virtue of this 
 Ordinance, from his apprenticeship, on account of any misdemeanour, 
 miscarriage, or ill-b<"haviour on the part of such apprentice, it shall be 
 lawful for such Justices, by warrant, to commit such offender to prison, 
 there to remain in solitary confinement for any time not exceeding 
 fourteen days. 
 
 44. — (1.) If any person to whom any child is bound apprentice 
 under and by virtue of this Ordinance removes his residence or estab- 
 lishment of business from the place where the same was when such 
 child was bound apprentice, such person shall, at least ten days pre- 
 vious to such removal, give a written notice thereof to the Managing 
 Director of the Industrial School, who shall cause such apprentice to 
 appear before two Justices of the Peace. 
 
 (2.) Such Justices shall inquire whether it may be fit and proper 
 that such apprentice should continue in the service of such person, or 
 be discharged therefrom, or be bound or assigned over to any other 
 person, and shall thereupon, with the consent of the Managing Direc- 
 tor, make order either for the continuance of such apprentice with such 
 person, or for the discharge of such apprentice, or for the binding or 
 assigning of such apprentice to some other person, as to them may seem 
 meet, and, if they see fit, shall also require the person so giving notice of 
 removal to pay the amount of the expense of assigning or binding such 
 apprentice to any other person, to be approved by the said Justices. 
 
 (3.) The person to whom such apprentice may be so bound or 
 assigned shall be subject to the same rules, provisions, regulations and 
 obligations as the person to whom such apprentice may have been 
 originally bound. 
 
 (4.) In case any such master removes as aforesaid, and takes any 
 apprentice to any other place without such order as aforesaid, or wil- 
 fully abandons and leaves any such apprentice without giving such 
 notice as aforesaid, he shall forfeit a sum not exceeding twenty-five 
 dollars for every such apprentice, such sum to be paid to the Receiver 
 General for the uses of the Industrial School. 
 
 Penalty on 45. It shall not be lawful for any master to put away or transfer 
 
 master putting any such apprentice as aforesaid to any other person, or in any way to 
 transferring discharge or dismiss from his service any such apprentice, without the
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 235 
 
 consent of two Justices of the Peace and the Managing Director, upon apprentice 
 pain of forfeiting a sum not exceeding twenty-five dollars, and of of t^^o^Justke"! 
 having the act or articles of apprenticeship cancelled. 
 
 of two Justices, 
 etc. 
 
 46, — (1.) Every person who — Penalty on 
 
 (a.) Harbours, conceals, or employs any child, being at the time harLouring 
 under apprenticeship in virtue of this Ordinance ; or apprentice, etc 
 
 (6.) Removes and entices away, or solicits or entices any such 
 child or apprentice to remove, from the employment or service 
 of his master, 
 shall for every such offence, on being convicted thereof before any 
 Justice of the Peace, forfeit and pay the sum of twenty-three dollars, 
 and shall further pay to the master of such apprentice the sum of one 
 dollar for each day during which such apprentice may have been 
 harboured, concealed, or employed. 
 
 (2.) If the master of any such apprentice proves upon oath, before 
 any Justice of the Peace, a reasonable cause to suspect that such 
 apprentice is harboured, concealed, or employed on the premises of any 
 person, such Justice shall grant a warrant to search for such appren- 
 tice, and bring him, together with the person by whom such apprentice 
 may be harboured, concealed, or employed, before him, to be dealt 
 with as aforesaid : Provided always that in every case in which any 
 dispute or difference arises as to whether any person charged with 
 harbouring, concealing, or employing any apprentice under this Ordi- 
 nance, or with having removed and enticed away, or with having 
 solicited or enticed any such apprentice to remove, from the employ- 
 ment or service of his master, had knowledge of any such child being 
 such apprentice, the proof of the want of knowledge shall be on such 
 person, and the proof of the knowledge of such person shall not be on 
 the party aggrieved, complaining, or informing. 
 
 PART III. 
 
 Reformatory Schools. 
 
 47. Whenever any offender who, in the judgment of the Court 
 before which he is charged, is under the age of sixteen or, in the case of 
 a girl, under the age of fourteen years, is convicted before the Supreme 
 Court of British Guiana in its criminal jurisdiction or in a summary 
 manner of an offence punishable by imprisonment or with penal 
 servitude, the Court or Magistrate, instead of awarding a sentence of 
 imprisonment or penal servitude, may sentence him to be sent to a 
 Reformatory School and to be there detained for a period of not less 
 than two years and not more than five years : Provided always that a 
 youthful offender under the age of ten years shall not be so directed to 
 be sent to a Reformatory School unless he has been previously charged 
 with some crime or offence punishable with imprisonment or penal 
 servitude, or is sentenced by a Judge of the said Supreme Court. 
 (Amd. by 15 of 1899, s. 3.) 
 
 48. The Keeper of every Prison having in his custody any youthful 
 offender sentenced to be sent to a Reformatory School shall deliver 
 such offender into the custody of the master of the Reformatory ?chool, 
 together with the warrant or other document in pursuance of which 
 the offender is sent to the School, 
 
 Sending of 
 ofliender nnder 
 sixteen years to 
 Eeformatory 
 School. 
 
 See also 
 Ordinances 
 No. 17 of 1893, 
 s. 19, and 
 Ko. 18 o/ 1893, 
 s. 26. 
 
 Second 
 Schedule : 
 Form No. 1 : 
 Form No. 2, 
 
 Eemoval of 
 offender to 
 Reformatory 
 School.
 
 236 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1852. 
 
 Authority for 
 detention in 
 Reformatory 
 School. 
 
 49. The possession of the warrant or other document in pursuance 
 of which a youthful offender is sent to a Reformatory School shall be 
 sufficient authority for his detention in such School. 
 
 Power to 
 
 apprentice 
 
 youthful 
 
 offender in 
 
 Eeformatorj' 
 
 School. 
 
 Apprenticeship of Youthful Offenders in Reformatory School. 
 
 50. All youthful offenders in a Reformatory School who have arrived 
 at the age of thirteen years, and subject to such regulations as may 
 from time to time be made under this Ordinance, may be apprenticed 
 to any person carrying on any trade or calling, or as labourers or farm 
 servants to the proprietor of any plantation or cattle farm, or as 
 domestic servants to any respectable householder, for any period 
 not exceeding five years, under the following restrictions, that is to 
 say,— 
 
 (1.) No such youthful offender who has a parent living in the Colony 
 and not under sentence of penal servitude or of imprisonment for 
 felony shall, in the case of a first conviction, be apprenticed for 
 more' than one year without the consent of such parent ; but such 
 apprenticeship may be renewed from year to year with such con- 
 sent ; and 
 (2.) No such youthful offender shall be apprenticed beyond the age 
 of eighteen years. 
 
 Power to 
 the Governor 
 to send youth- 
 fiil offender to 
 Reformatory 
 School on 
 conditional 
 pardon. 
 
 Conditional Pardon of Youthful Offender. 
 
 51. When a youthful offender has been sentenced to imprisonment 
 or penal servitude and has been pardoned by the Governor on condi- 
 tion of his going to the Reformatory School, the Governor may direct 
 him, if under the age of sixteen years, to be sent to the Reformatory 
 School for a period of not less than two years and not more than five 
 years ; and thereupon such offender shall be deemed to be subject to 
 all the provisions of this Ordinance as if he had been originally sen- 
 tenced to detention in the Reformatory School. 
 
 Liability of 
 parent, if able 
 to conti ibute to 
 maintenance 
 of child. 
 
 Making of 
 order for 
 payment of 
 contribution. 
 
 First Schedule : 
 Form No. 4 : 
 Form No. 5 : 
 Form No. 6. 
 
 Second 
 Schedule : 
 Form No. 3 : 
 
 PART IV. 
 
 Miscellaneous Provisions, 
 Expenses of Children in School. 
 
 52. The parent of any child or youthful offender detained in an In- 
 dustrial or Reformatory School shall, if of sufficient ability, contribute 
 to his maintenance and training therein a sum not exceediiig one dollar 
 a week. 
 
 53. On the complaint of the master of an Industrial or Reformatory 
 School, or of any police oflicer or coustable under the directions of the 
 master (with which directions evei-y such police officer and constable 
 is hereby required to comply) at any time during the detention of a 
 child in such School, any Stipendiary Magistrate may, on summons to 
 the parent, examine into his ability to maintain the child, and may, 
 if he thinks fit, make an order on him for the payment to the master 
 or his agent of such weekly sum, not exceeding one dollar a week, as 
 to him may seem reasonable, during the whole or any part of the time
 
 A.D. 1862.J INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 237 
 
 for which the child is liable to be detained in the Industrial or Refor- 
 matory School, as the case may be. 
 
 54, Every such order may specify the time during which the pay- 
 ment is to be made, or may direct the payment to be made until 
 further order ; and every such order may be enforced by any Stipen- 
 diary Magistrate in a summary manner by distress, and, in default of 
 sufficient distress, by imprisonment, with or without hard labour, for 
 any term not exceeding three months. 
 
 Form No. 4 : 
 Form No. 5. 
 
 Terms of 
 order, and 
 enforcement 
 thereof. 
 
 8. 
 
 First Schedule ' 
 Fonn No. 7 : 
 Form No. 
 
 Second 
 Schedule ; 
 Form No. 
 
 6: 
 
 Appropriation 
 of payments. 
 
 55. Every such payment shall go in relief of the charges on the 
 Treasury in respect of Industrial and Reformatory Schools, and shall Form No. 7 
 be accounted for by the master and paid over to the Receiver General 
 within seven days after the expiration of every month. 
 
 56. The Governor may in his discretion remit, either wholly or par- Power to 
 tially, any payment so ordered. remit payment. 
 
 57. Any Stipendiary Magistrate may from time to time vary any Power to 
 such order of payment, on the application either of the person on whom ^ary order of 
 the order was made, or of the master of the Industrial or Reformatory l'"y°^*=^''- 
 School, as the case may be, or his agent, on fourteen days' notice being 
 
 given to the master or such person respectively. 
 
 Discharge of Children from School. 
 
 58. No person who has attained the age of sixteen years shall be 
 detained in a Reformatory School, nor shall any person be detained in 
 an Industrial School beyond that age except with his own consent in 
 writing. 
 
 59. The Governor may at any time order any child or youthful 
 offender to be discharged from an Industrial or Reformatory School, 
 either absolutely or on such condition as the Governor may approve, 
 and such child or youthful offender shall be discharged accordingly. 
 
 Offences relating to Schools. 
 
 60. If any child or youthful offender detained in an Industrial or 
 Reformatory School wilfully refuses or neglects to conform to the rules 
 thereof, he shall, on being convicted before a Stipendiary Magistrate, 
 be liable to imprisonment, with or without hard labour, for any term 
 not exceeding three months, and, if a male, with or without whipping ; 
 and, at the expiration of the term of his imprisonment, 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. 
 
 61. If any child or youthful offender ordered or sentenced to be de- 
 tained in an Industrial or Reformatory School escapes therefrom, he 
 may, at any time before the expiration of his period of detention, be 
 apprehended without warrant, and, if the Managing Director thinks 
 fit but not otherwise, may (any law to the contrary notwithstanding) 
 be then brought before a Stipendiary Magistrate, and he shall there- 
 upon, on being convicted before such Magistrate, be liable to imprison- 
 ment, with or without hard labour, for any term not exceeding three 
 months, and, if a male, with or without whipping; and at the 
 
 Cesser of 
 detention on 
 child attaining 
 16 years. 
 
 Power to the 
 Governor 
 to order 
 discharge of 
 child or youth- 
 ful oflender. 
 
 Refusal of child 
 or youthful 
 oflender to 
 conform to 
 rules. 
 
 Escaping from 
 School.
 
 238 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1852. 
 
 Punishment 
 of person 
 assisting chUd 
 or youthful 
 offender to 
 escape from 
 School. 
 
 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 an Industrial School, the Stipendiary Magistrate may direct him 
 to be sent, at the expiration of his term of imprisonment, to a Refor- 
 matory School, to be there detained subject and according to this 
 Ordinance. 
 
 62, Every person who — 
 
 (1.) Knowingly assists, either directly or indirectly, any child or 
 
 youthful offender detained in an Industrial or Reformatory School 
 
 to escape from the School ; or 
 (2.) Either directly or indirectly induces any such child or offender 
 
 to escape from the School ; or 
 (3.) Knowingly harbours, conceals, or prevents from returning to the 
 
 School any such child or youthful offender who has escaped from 
 
 the School, 
 
 shall, on being convicted before a Stipendiary Magistrate, be liable to 
 a penalty not exceeding ninety-six dollars, or, at the discretion of the 
 Magistrate, to imprisonment, with or without hard labour, for any term 
 not exceeding four months. 
 
 Use of Forms. 
 Schedules. 
 
 Service of 
 notice on 
 Managing 
 Director or 
 master. 
 
 Effect of 
 warrant as 
 evidence of 
 identity, con- 
 viction, and 
 deiention of 
 youthful 
 offender. 
 
 Evidence of 
 rules. 
 
 Particulars of 
 conviction 
 where whipping 
 ordered. 
 
 Procedure. 
 
 63. No summons, notice, or order made for the purpose of carrying 
 into effect the provisions of this Ordinance shall be invalidated for want 
 of form only ; and the forms contained in the Schedules to this Ordin- 
 ance, or forms to the like effect, may be used in the matters to which 
 they refer, with such variations as circumstances may require, and, 
 when so used, shall be deemed sufficient. 
 
 64. Service of notice may be made on the Managing Director or 
 master of an Industrial or Reformatory School by delivery of the 
 notice to either of them, as the case may be, personally, or by sending 
 the notice by post or otherwise in a letter addressed to the Managing 
 Director or master of the School. 
 
 65. The production of the warrant or other document in pursuance 
 of which a youthful offender is directed to be sent to a Reformatory 
 School, with a statement endorsed thereon or annexed thereto, pur- 
 porting 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, and of the due conviction and 
 subsequent detention, of the person named in the warrant or other 
 document. 
 
 66. A copy of the rules of an Industrial or Reformatory School, 
 purporting to be signed by the Managing Director, shall be evidence of 
 such rules in all legal procedings whatever. 
 
 67. Whenever whipping may be awarded under this Ordinance, the 
 Stipendiary Magistrate shall specify in the conviction the number of 
 strokes, not exceeding twenty-five, and the instrument with which they 
 shall be inflicted.
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. i. 
 
 239 
 
 68. Any one Stipendiary Magistrate shall have all the power, au- 
 thority, and jurisdiction granted to two Justices of the Peace by any 
 and every part of this Ordinance, and may do all things provided by 
 this Ordinance to bo done by two Justices. 
 
 69. Subject to the provisions of this Ordinance, the Ordinances for 
 the time being in force regulating procedure Vjefore Stipendiary Magis- 
 trates in the exercise of their summary jurisdiction and appeals from 
 the decisions of Stipendiary Magistrates shall apply to all offences, 
 payments, convictions, and orders in respect of which power, authority, 
 and jurisdiction is given to a Justice or Justices of the Peace or to a 
 Stipendiary Magistrate by this Ordinance : Provided always that no 
 order of detention made under section 17 shall be subject to appeal. 
 
 70. All Justices of the Peace, police officers, constables, and other 
 persons acting under and by virtue of the provisions of this Ordinance 
 shall be entitled to all the protection, benefits, and advantages of the 
 Justices Protection Ordinance, 1850. 
 
 Exercise by 
 Stipendiary 
 Magistrate of 
 powers of two 
 Justices. 
 
 Procedure and 
 appeal. 
 
 See Ordinances 
 No. 12 .;/ 1893. 
 and No. 13 
 of 1893. 
 
 Protection of 
 person acting 
 under the 
 Ordinance 
 No. 2 of 1850. 
 
 Miscellaneous. 
 
 71. It shall be lawful for the Governor-in-Council to declare any 
 portion of the Orphan Asylum and School of Industry of British 
 Guiana, to be a Reformatory School for Girls. (15 of 1899, s. 4.) 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 
 Forms relating to Industrial Schools. 
 
 Form No. I. 
 
 Order sending Child to Industrial School. 
 
 British Guiana. 
 
 Be it rememt)ered that on the day of 1 
 
 pursuance of the Industrial and Reformatory Schools Ordinance, 1852, I, 
 a Stipendiary Magistrate for the said Colony, do order that 
 being a child subject to the provisions of section of 
 
 ance, be sent to the Industrial School situated at 
 detained there until the day of 1 
 
 (Signed.) 
 
 Stipendiary Magistrate 
 
 Power to 
 declare portion 
 of Orphan 
 Asylum to be 
 Reformatory 
 School for 
 girls. 
 
 Section 63. 
 
 Section 17. 
 
 in 
 
 the said Ordin- 
 and that he be 
 
 Form No. 2. 
 Register of Apprentices, 
 
 Section 27. 
 
 
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 240 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1852. 
 
 Sections 36 
 and 41. 
 
 Form No. 3. 
 Register of Apprentices Assigned. 
 
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 Form No. 4. 
 
 Complaint for enforcing Contribution from Parent, etc. 
 
 British Guiana. 
 
 The complaint of the Master of the Industrial School situated at 
 [or as the case may be'] made to me the undersigned, a Stipendiary Magistrate 
 for the said Colony, who says that one A. B., of the age of 
 years, or thereabouts, is now detained in the said Industrial School under the 
 Industrial and Eeformatory Schools Ordinance, 1852, and has been duly ordered 
 and directed to be detained therein until the day of 
 
 1 
 
 and that one C. B., dwelling in the Parish of 
 
 in the County of is the parent [or step-parent, etc.'] of the said 
 
 A. B., and is of sufficient ability to contribute to the support and maintenance 
 of the said A. B., his son ; and the said complainant therefore prays that the 
 said C. D. may be summoned to show cause why an order should not be made 
 against him to contribute accordingly. 
 
 Exhibited before me this day of 1 . 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 53. Form No. 5. 
 
 Summons to Parent, etc. 
 British Guiana. 
 
 To C. D., of 
 
 Whereas complaint has this day been made before me the undersigned, a Sti- 
 pendiary Magistrate for the said Colony, for that you \_here state shortly the matter 
 
 of complaint] : — This is therefore to command you, in His Majesty's name, to 
 
 be and appear on day, the day of 1 , at 
 
 o'clock in the noon at before such Stipendiary 
 
 Magistrate as may then be there, to answer the said complaint, and to be 
 further dealt with according to law. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Stipendiary Magistrate.
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 241 
 
 Form No. 6. 
 Order on Parent, etc., to contribute a Weekly Sum. 
 
 Section 53. 
 
 British Guiana. 
 
 Be it rememTDered that on this day of • 1 , at 
 
 a certain complaint of the Master of the Industrial School situated 
 at [or O.I the case may he'], for that one A. B. of the age of 
 
 years or thereahouts is now detained in the said Industrial School under the 
 Industrial and Reformatory Schools Ordinance, 1852, and has heen duly ordered 
 and directed to he detained therein until the day of 
 
 1 ; and that one C. 1)., dwelling in the Parish of in the County 
 
 of is the parent [_or step-parent, etc.'] of the said A. B., and is of 
 
 sufficient ability to contribute to the support and maintenance of the said A. B. 
 his son, was duly heard by and before me the undersigned, a Stipendiary Ma- 
 gistrate for the said Colony, in the presence and hearing of the said C. D., [or 
 the said C D. not appearing to the summons duly issued and served in this 
 behalf] ; and I, having duly examined into the ability of the said C. L. and on 
 consideration of all the circumstances of the case, do order the said C. B. to pay 
 to the Slid Master [or to an agent of the said Master], the sum of 
 per week from the date of this order, until the day of 
 
 1 , the same to be paid at the expiration of each fourteen days [or as the east 
 may be], 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Form No. 7. 
 Distress Warrant for Amount in Arrear. 
 
 Section 54. 
 
 British Guiana. 
 
 To all Members of the Police Force and Constables. 
 
 Whereas on the hearing of a complaint made by the Master of the Industrial 
 School situated at [_or as the case may be], that A. B. of the age of 
 
 years or thereabouts is now detained in the said Industrial School under 
 the Industrial and Reformatory Schools Ordinance, 1852, and has been duly 
 ordered and directed to be detained therein until the day of 
 
 1 ; and that one C. D., dwelling in the Parish of in the County 
 
 of is the j'arent [or step-parent, etc.] of the said A. B., and is of 
 
 sufficient ability to contribute to the support and maintenance of the said A. B., 
 his son, an order was made on the day of 1 , by me 
 
 the undersigned, a Stipendiary Magistrate for the said Colony, against the said 
 C. D. to pay to the said Master [or as the case may be] the sum of 
 per week from the date of the said order, until the day of 
 
 1 , the same to be paid at the expiration of each fourteen days [or as the case 
 may be] ; And whereas there is due upon the said order the sum of 
 
 being for [three] periods of [fourteen] days each, and default has been 
 made therein for the space of fourteen days : — This is therefore to command you 
 and every of you, in His Majesty's name, forthwith to make distress of the goods 
 and chattels of the said C. D., and if, within the space of [Jive] days next after 
 the making of such distress, the said last-mentioned sum, together with the 
 reasonable charges of taking and keeping the distress, is not paid, then to sell 
 the goods and chattels so by you distrained, and to pay the money arising from 
 such sale to my Clerk that he may pay and apply the same as by law directed, 
 and may render the overplus, if any, on demand to the said C. D. ; and if no 
 such distress can be found, then to certify the same to me, to the end that such 
 proceedings may be had therein as the law requires. 
 
 Dated this day of 1 , at 
 
 (Signed.) 
 
 Stipendiary Magistrate
 
 242 
 
 No. l.J THE LA WS OF BRITISH GUIANA : [A.D. 1852. 
 
 Section 54. Form No. 8. 
 
 Commitment in default of Distress. 
 British Guiana. 
 
 To all Members of the Police Force and Constables and to the Keeper of the 
 Prison at 
 
 Whereas on the hearing of a complaint made by the Master of the Industrial 
 
 School situate at [or as the case may be'] that A. B., of the age of 
 
 years or thereabouts, is now detained in the said Industrial School 
 
 under the Industrial and Reformatory Schools Ordinance, 1852, and has been 
 
 duly ordered and dii-octed to be detained therein until the day of 
 
 1 
 
 in the County of 
 
 , and that one C.I)., dwelling in the Parish of 
 
 is the parent [_or step-parent, etc.] of the said 
 A.B., and is of sufficient ability to contribute to the support and maintenance 
 of the said A.B., his son, an order was made on the day of 
 
 1 , by me the undersigned, a Stipendiary Magistrate for the 
 said Colony, against the said C. D. to pay to the said Master [or as the ease may be] 
 the sum of per week from the date of the said order until 
 
 the day of 1 , the same to be paid at the expiration of 
 
 each fourteen days [or as the case may be] ; And whereas afterwards on the 
 day of 1,1 issued a warrant to ail Members of the 
 
 Police Force and Constables commanding them and every of them to levy the 
 sum of due upon the said recited order, being for three periods of 
 
 fourteen days [or as the case may be] by distress and sale of the goods and chattels of 
 the said C B. ; And whereas a return has this day been made to me, the said 
 Stipendiary Magistrate, that no sufficient goods of the said C. I), can be found : — 
 This is therefore to command you, the said Members of the Police Force and 
 Constables, and every of you, to take the said C. i>., and him safely convey to the 
 Prison at and there to deliver him to the Keeper thereof, together 
 
 with this precept ; And I hereby command you, the said Keeper of the said Prison, 
 to receive the said C. B. into your custody in the said Prison and there to imprison 
 him [and keep him to hard lahour] for the term of unless the said sum, 
 
 and all costs and charges of the said distress and of the commitment and conveying 
 of the said C. B. to the said Prison, amounting to the further sum of 
 are sooner paid unto you, the said Keeper ; And for your so doing, this shall be 
 your sufficient warrant. 
 
 Dated this 
 
 day of 
 
 1 
 
 , at 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 47. 
 
 British Guiaka. 
 
 THE SECOND SCHEDULE. 
 
 Forms Relating to Reformatory Schools. 
 
 Form No. 1. 
 
 Conviction, 
 
 Be it remembered that on the day of 1 , at 
 
 in the County of A. B., being under the age of sixteen years, 
 
 to wit, of the age of [thirteen] years, is convicted before me the undersigned, a 
 Stipendiary Magistrate for the said Colony, for that [state offence in usual manner] ; 
 and that, in pursuance of the Industrial and Reformatory Schools Ordinance, 1852, 
 I sentence the said A. B. to be sent to the Reformatory School situated at 
 and to be there detained for the period of years, commencing from 
 
 and after the date hereof 
 
 Dated this 
 
 day of 
 
 1 
 
 , at 
 (Signed.) 
 
 Stipendiary Magistrate,
 
 A.D. 1852.] INDUSTRIAL, ETC., SCHOOLS. 
 
 [No. 1. 
 
 243 
 
 Form No. 2. 
 
 Order of Detention. 
 Beitish Guiana. 
 
 To all Members of the Folice Force and Constables and to the Master of the 
 Feformatory School at 
 
 "Whereas A. B., being under (he age of sixteen years, to wit, of the age of 
 [thirtcrn'] years, was this day duly convicted before me the undersigned, a Stipen- 
 diary Magistrate for the said Colony, for that [_sfntc the offence as in thr. conviction'], 
 and, in pursuance of the Industrial and Reformatory Schools Ordinance, 1852, 
 the said A. B. was thereby sentenced to be sent to the Reformatory School at 
 and to be there detained for the period of years com- 
 
 mencing from and after the date thereof : —This is therefore to command you, the 
 said ^Members of the Police Force and Constables, and every of you, to take the said 
 A. B., and him safely to convey to the Reformatory School at 
 
 and there to deliver him to the Master thereof, together with this precept ; and I do 
 hereby command you, the said Master of the said Reformatory School, to receive the 
 said A. B. into your charge in the said Reformatory School, and tt ere to detain him 
 for the period of years commencing from and after the said date. 
 
 Dated this day of 1 , at 
 
 Section 47. 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Form No. 3. 
 
 Complaint for enforcing Contribution from Parent, etc. 
 British Guiana. 
 
 The complaint of the Master of the Reformatory School situated at 
 [or as the case may be] made to me the undersigned, a Stipendiary Magistrate for 
 the said Colony, this day of 1 , at in 
 
 the said Colony, who says, that one A. B., of the age of years or there- 
 
 abouts, is now detained in the said Reformatoiy School under the Industrial and 
 Reformatory Schools Ordinance, 1852, and has been duly ordered and directed to be 
 detained therein until the day of 1 ; and that one C. D., 
 
 dwelling in the Parish of in the County of is the parent [or 
 
 step-parent, etc.'] of the said A. B., and is of sufficient ability to contribute to the 
 support and maintenance of the said A. B., his son ; and the said complainant there- 
 fore prays that the said C. 1). may be summoned to show cause why an order should 
 not be made against him to contiibute accordingly. 
 
 Exhibited before me this day of 1 , at 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 53. 
 
 Form No. 4. 
 
 Summons to Parent, etc. 
 British Guiana. 
 
 To C. D., of 
 
 "Whereas complaint has this day been made before me the undersigned, a Sti- 
 pendiary Magistrate for the said Colony, for that you [here state shortly the ni'itter 
 of the complaint] : — This is therefore to command you, in His Majesty's name, to be 
 and appear on day, the day of 1 , at 
 
 o'clock in. the forenoon, at before such Stipendiary Magistrate as may 
 
 then be there, to answer the said complaint and to be further dealt with according 
 to law. 
 
 Section 53. 
 
 Dated this 
 
 VOL, I. 
 
 day of 
 
 1 ,at 
 
 /Signed.) 
 
 Stipendiary Magistrate. 
 
 17
 
 244 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1852 
 
 Section 53. Form No. 5. 
 
 Order on Parent, etc., to contribute a Weekly/ Sum. 
 
 British Guiana. 
 
 Be it remembered that on this day -1 , at 
 
 in the County of a certain complaint of the Master of the Eeforma- 
 
 tory School situated at [or as the case may be'\ for that one, A. B., of the 
 
 age of years or thereabouts, is now detained in the said Reformatory School 
 
 under the Industrial and Reformatory Schools Ordinance, 1852, and has been duly 
 ordered and directed to be detained therein until the day of 1 , 
 
 and that one C. B., dwelling in the Parish of in the County of 
 
 is the parent [or step-parent, etc.'] of the said A. B., and is of sufficient ability 
 to contribute to the support and maintenance of the said A. B., his son, was duly 
 heard by and before me the imdersigned, a Stipendiary Magistrate for the said 
 Colony, in the presence and hearing of the said C. JJ. [or the said C. D. not appearing 
 to the summons duly issued and served in this behalf] ; and I, having duly examined 
 into the ability of the said 0. D. and on consideration of all the circumstances of 
 the case, do order the said C. D. to pay the said Master [or to an agent of the said 
 Master] the sum of per week from the date of this order until the 
 
 day of 1 , the same to be paid at the expiration of each 
 
 fourteen days [or as the case may be]. 
 
 Dated this day of 1 , at 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 54 Form No. 6. 
 
 Distress Warrant for Amount in Arrear. 
 British Guiana. 
 
 To all Members of the Police Force and Constables, 
 
 Whereas on the hearing of a complaint made by the Master of the Reformatory 
 School situated at [or as the case may be] that A. B., of the age of 
 
 years or thereabouts, is now detained in the said Reformatory School under the 
 Industrial and Reformatory Schools Ordinance, 1852, and has been duly ordered and 
 directed to be detained therein until the day of 1 , and 
 
 that one C. J)., dwelling in the Parish of in the County of is the 
 
 parent [or step-parent, etc.] of the said A. B., and is of sufficient ability to contribute 
 to the support and maintenance of the said A. B., his son, an order was made on the 
 day of 1 , by me the undersigned, a Stipendiary Magistrate 
 
 for the said Colony, against the said C. It. to pay to the said Master [or as the case 
 may be] the sum of per week from the date of the said order until the 
 
 day 1 , the same to be paid at the expiration of each 
 
 fourteen days [or as the case may be'] ; And whereas there is due upon the said order 
 the sum of being for [three] periods of [fourteen'] days each, and 
 
 default has been made therein for the space of fourteen days : — This is therefore to 
 command you and every of you in His Majesty's name, forthwith to make distress 
 of the goods and chattels of the said C. D., and if, within the space of [Jiv(^ days 
 next after the making of such distress, the said last-mentioned sum, together with 
 the reasonable charges of taking and keeping the said distress, is not paid, then to 
 sell the goods and chattels so by you distrained, and to pay the money arising from 
 such sale to my Clerk that he may pay and apply the same as by law directed, and 
 may render the overplus, if any, on demand to the said C. D. ; and if no such distress 
 can be found, then to certify same to me, to the end that such proceedings may be 
 had therein as the law requires. 
 
 Dated this day of 1 , at 
 
 (Signed.) 
 
 Stipendiary Magistrate,
 
 A.D. 1852.] DEMERAKA RAILWAY COMPANY. [No. 2. 245 
 
 Form No. 7. Section 54. 
 
 Commitment in Default of Distress. 
 British Guiana. 
 
 Tu all Members of the Police Force and Constables and to the Keeper of the 
 Prison at in the County of 
 
 Whereas on the hearing of a complaint made by the Master of the Reformatory 
 School situated at [or as the case may be'\ that A. B., of the age of 
 
 years or thereabouts, is now detained in the said Reformatory School under 
 the Industrial and Reformatory Schools Ordinance, 1852, and has been duly ordered 
 and directed to be detained therein until the day of 
 
 1 , and that one C. D., dwelling in the Parish of in the County of 
 
 is the parent [or step-parent, etc.'] of the said A. B., and is of sufficient 
 ability to contribute to the support and maintenance of the said A. B., his son, an 
 order was made on the of 1 , by me the undersigned, a 
 
 Stijjendiary Magistrate for the said Colony, against the said C. D., to pay to the said 
 Master [or an the case may be] the sum of per week from the date of 
 
 the said oi-der until the day of 1 , the same to be paid 
 
 at the expiration of each fourteen days [or as the case may be] ; And whereas after- 
 wards, on the day of 1,1 issued a warrant to all Members 
 of the said Police Force and Constables commanding them and every of them to levy 
 the sum of due upon the said recited order, being for [three] periods of 
 [foiD'teen] days each, by distress and sale of the goods and chattels of the said C. D. ; 
 And whereas a return has this day been made to me, the said Stipendiary Magis- 
 trate, that no sufficient goods of the said C. D. can be found : — This is therefore to 
 command you, the said Members of the Police Force and Constables, and every of 
 you, to take the said 0. D. and him safely to convey to the Prison at 
 in the County of and there to deliver him to the Keeper thereof, 
 together with this precept ; And I do hereby command you, the said keeper of the 
 said Prison, to receive the said G. D. into your custody in the said Prison, and there 
 to imprison him [and keep him to hard labour] for the term of 
 
 unless the said sum, and all costs and charges of the said distress and of the com- 
 mitment and conveying of the said C. D. to the said Prison, amounting to the 
 further sum of are sooner paid unto you, the said Keeper ; And for 
 
 your so doing, this shall be your sufficient warrant. 
 
 Dated this day of 1 , at 
 
 (Signed.) 
 
 Stipendary Magistrate. 
 
 OKDINANCE No. 2 OF 1852. 
 
 An Ordinance for converting into Stock the existing a.d. i852. 
 Shares in the Demerara Railway Company, and * 
 
 for empowering the said Company to raise Money. 
 
 [18th September, 1852.] 
 
 WHEREAS by an Indenture or Deed of Settlement of the 
 Demerara Railway Company, bearing date the 18th day of 
 September, 1845, confirmed (with certain modifications) by 
 and incorporated with the Demerara Railway Company's Ordinance, j^q 2 of 1846. 
 1846, and made between Charles Cave, of Threadneedle Street, in the 
 City of London, Esquke, Michael M'Chlery, of Finsbury Circus, in the 
 County of Middlesex, Esquire, and others, of the first part, the several 
 other persons whose names and seals are by themselves, or their 
 respective attorneys or agents, thereunto, or to a duplicate thereof, 
 subscribed and affixed in the schedule written under or affixed to such 
 Indenture and duplicate of the second part, and Alexander MacGregor, 
 of No. 3, Chester Street, Grosvenor Place, in the County of Middlesex, 
 Esquire, and Alexander George Milne, of No. 10, George Yard, 
 
 VOL. I. 17a.
 
 246 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1852. 
 
 Lombard Street, in the City of London, Esquire, of the third part, the 
 capital of the said Company was declared to be the sum of two hundred 
 and fifty thousand pounds divided into ten thousand shares each of the 
 amount of twenty five pounds ; 
 No. 1 of 1849. And whereas by the Demerara Railway Company's Ordinance, 1849, 
 
 it was, amongst other things, enacted that the capital of the said 
 Company should be one hundred and seventy-five thousand pounds 
 instead of the sum of two hundred and fifty thousand pounds, and 
 that the said capital of one hundred and seventy-five thousand pounds 
 should be divided into ten thousand shares of seventeen pounds 
 ten shillings each ; 
 
 And whereas in pursuance of Ordinance No. 9 of the year 1850 of 
 the Colony of British Guiana, the sum of fifty thousand pounds has 
 been lent and advanced by the said Colony to the said Company, and 
 the repayment of such sum with intei'est is secured in the manner 
 prescribed by the said Ordinance ; 
 
 And whereas the said loan of fifty thousand pounds has been found 
 insufficient to enable the said Company to complete its line of Railway 
 to Mahaica ; 
 
 And whereas at a special meeting of the shareholders of the said Com- 
 pany, held in the City of London on Friday the 27th day of February, 
 1852, resolutions in the following terms were passed, that is to say : — 
 That in order to raise the funds required for the completion of the 
 line to Mahaica, and for supplying the "necessary rolling stock and 
 other necessaries, the directors be authorized to raise, by way of loan 
 or by the creation of preference stock, the sum of eight thousand 
 pounds which, under the powers of the existing Ordinances of the 
 Colonial Legislature, the Company is empowered to borrow ; that in- 
 asmuch as a further sum of about twenty-two thousand pounds will be 
 required to meet the emergencies of the Company, and to complete the 
 Hne to Mahaica, and put the same in working condition, the directors 
 be authorized to raise that sum in such manner as they may deem 
 most advantageous to the Company ; and that they be further autho- 
 rized to apply to the Colonial Legislature for authority to raise the 
 required amount by the creation of additional preference stock ; 
 
 And whereas the sum which the said Company is now, under its 
 existing powers, authorized to borrow is, in fact, eight thousand three 
 hundred and thirty-three pounds six shillings and eight pence, being 
 such a sum as, when added to the said sum of fifty thousand pounds so 
 already borrowed by the said Company as aforesaid, amounts to one- 
 third of the capital of the said Company ; 
 
 And whereas it is expedient to convert or consolidate all the ten 
 thousand shares now existing in the Capital of the said Company into 
 a general capital stock : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 1 • ^his Ordinance may be cited as the Demerara Railway Com- 
 
 pany's Oidinance, 1852. 
 
 Conversion of 2. The existing capital of the said Demerara Railway Company 
 .xistlnu' capital ^q,^ consisting of ten thousand shares, of seventeen pounds ten shillings 
 Kiiilway"'^'^'^'^'^ each, shall be and is hereby converted and consolidated into a general 
 Company into stock, to be divided amongst the shaioholders according to their re- 
 general stock, gpectivo interests in such capital, and such consohdated stock shall b©
 
 A.D. 1852.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 247 
 
 subject to the provisions contained in the said recited Ordinances and 
 Indenture or Deed of Settlement, so far as the same may be ap|)licable, 
 in the same manner in all respects, as near as may be, as if the con- 
 version or consolidation hereby made had taken place under the pro- 
 visions of the said Indenture or Deed of Settlement. 
 
 3. It shall be lawful for the said Company, without any further Power to the 
 order or resolution of any general meeting of the said Company, to j^°™o^""£.j|^,x)(} 
 raise any sum or sums not exceeding, together with the sum which by bond or ' 
 
 it is now authorized to borrow as aforesaid, the sum of thirty mortgage, 
 thousand pounds, either by bond or mortgage, according to the pro- 
 visions of the said Indenture or Deed ot Settlement as altered or modi- 
 fied in that behalf by the said Demerara Railway Company's Ordin- N°- ^ of 1846 
 ahce, 1846, or by the creation of additional stock of the said Company, 
 or partly in some or one, and partly in another, of the said modes, and 
 in such manner as to the mode of payment or advance to the said 
 Company of the sum or sums so to be raised, whether by instalment 
 or otherwise, and at such rate of interest or dividend, not exceeding 
 the rate of seven pounds ten shillings per cent, per annum from the 
 time or respective times of advancing such sum or suras as may be 
 raised by bond or mortgage as aforesaid, as the said Company may 
 determine, and to convert such sum or sums, or any part thereof, into 
 stock of the said Company by way of augmentation of the capital 
 thereof, and which additional stock, whether by original creation or 
 conversion as aforesaid, shall be subject to the same provisions and 
 regulations as the other stock of the said Company, except that all 
 such additional stock and the holders thereof shall have priority and 
 preference over all other stock of the said Company as regards the 
 principal thereof and the dividends or interest to accrue thereon. 
 
 4. For the purpose of paying off every or any sum to be raised by Power to the 
 any bond or mortgage, or bonds or mortgages, as aforesaid, whether ^aise^raoney 
 afterwards converted into stock or not, together with the interest or not exceeding 
 dividend on such sum or sums up to the time or respective times of 
 such payment, and also for the purpose of redeeming and extinguish- 
 ing all or any additional stock to be orginally created as aforesaid by 
 paying off the amount of such stock at par, together with the dividend 
 computed up to the day of such redemption as aforesaid, and also to 
 
 ensure the completing the line to the Village of Mahaica, it shall be 
 lawful for the said Company, with the consent of a general meeting of 
 the proprietors of the said Company to be specially convened for that 
 purpose, to raise, by the ways and means and in manner aforesaid, 
 any sum or sums not exceeding the sum of fifty thousand pounds, and 
 to apply and dispose of the same accordingly, with full power (in case 
 any sum or sums is or are raised by bond or mortgage as aforesaid) to 
 convert the same or any part thereof into preferential stock as aforesaid, 
 and also to pay off and redeem such last-mentioned bonds, mortgages, 
 or stock respectively, or any of them or any part thereof, and the 
 interest or dividends thereon as aforesaid, and also for the purposes 
 of the completion of the line of Railway to Mahaica and with the 
 consent aforesaid, to raise the necessaiy sum or sums for that purpose, 
 and so from time to time as the directors of the said Company may 
 think proper. 
 
 5. It shall be lawful for the said Company to pay oft' every or any Paying off 
 sura to be raised by any bond or mortgage, or bonds or mortgages, as ^ 
 
 £511,000 for 
 
 certain 
 
 purposes.
 
 248 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1852. 
 
 by bond or 
 mortgage. 
 
 Confirmation 
 except as 
 altered, of 
 Ordinances 
 and Deed of 
 Settlement. 
 
 Construction of 
 the Ordinance 
 No. 2 of 1846. 
 
 aforesaid, whether afterwards converted into stock or not, together 
 with the interest or dividend on such sum or sums up to the time or 
 respective times of such payment ; and also to redeem and extinguish 
 all additional stock to be originally created as aforesaid, and every or 
 any portion thereof, by paying off the amount of such stock at par, 
 together with the dividend computed up to the day of such redemption, 
 at any time or times after the expiration of five years from the period 
 or respective periods when such sum or sums may have been so raised 
 or such stock may have been so created, as the case may be, on giving 
 to the party or respective parties who may be the legal holder or 
 holders of such bond or mortgage or bonds or mortgages, or of such 
 stock respectively, six calendar months' notice in writing, under the 
 common seal of the said Company, of the intention of the said Company 
 in that behalf. 
 
 6. All powers, provisions, matters, and things contained in the said 
 before in part recited Ordinances and Indenture or Deed of Settlement, 
 except such of them, if any, as are by this Ordinance repealed, altered, 
 or otherwise provided for, shall remain in full force and effect, to all 
 intents and purposes, as if the same powers, provisions, matters, and 
 things were hereby and herein I'epeated and re-enacted. 
 
 7. This Ordinance shall be incorporated with the Demerara Railway 
 Company's Ordinance, 1846, and all the provisions of this Ordinance 
 shall form part of the said Ordinance, and shall be construed therewith 
 as forming one Ordinance. 
 
 A.D. 1853. 
 
 -;— ♦ 
 
 Ordinances 
 No. 27 of 1893 
 and No. 13 of 
 1894 s. 3 (25) 
 incorporated. 
 
 See also 
 Ordinance 
 No. 10 of 1893 
 s. 38. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 ORDINANCE No. 1 OF 1853. 
 
 An Ordinance for regulating the Rights, Duties, and 
 Relations of Employers and Servants. 
 
 [22nd January, 1853.] 
 
 WHEREAS it is expedient that the hirings of servants in hus- 
 bandly, 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 con- 
 nected with their hirinss : 
 
 Be it therefore enacted by the Govenor of British Guiana, with the 
 advice and consent of the Court of PoHcy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Employers and Servants 
 Ordinance, 185.3. 
 
 2. Within the meaning and for the purposes of this Ordinance, — 
 
 (1.) All masters, mistresses, foremen, attorneys, agents, managers, 
 and other persons engaged in the hiring, employing, or superintending 
 the labour or ser\T[ce of any servant within the meaning of this 
 Ordinance shall be and be deemed to be " employers " ; 
 
 (2.) Any money or other thing paid, or contracted to be paid, de- 
 livered, or given as a recompense, reward, or remuneration for any
 
 A.D. 1853.] EMPLOYERS AND SERVANTS. [No. 1. 249 
 
 labour or other service done or to be done, whether within a 
 certain time or to a certain amount, or for a time or for an amount 
 uncertain, sliall be deemed and taken to be the "wages" of any 
 servant aforesaid ; 
 
 (3.) Any agreement, understanding, or arrangement whatever on the 
 subject of wages, whether written or oral, whether direct or in- 
 direct, to which any employer and any servant or other persons 
 are parties, or are assenting, or by which they are mutually bound 
 to each other shall be and be deemed to be a " contract " and every 
 contract shall mean an indenture ; 
 
 (4.) Every labourer or mechanic employed upon any sugar, coffee, or 
 other plantation, shall be and be deemed to be a " servant in hus- 
 bandry " ; 
 
 (5.) All servants in husbandry, mechanics, artificers, handicraftsmen, 
 labourers, persons employed in droghers, vessels, or boats, or other- 
 wise, and all household or other domestic servants, laundresses, or 
 other servants, shall be deemed to be comprised within the term 
 "servant " ; 
 
 (6.) " Defendant" also means " offender " and " offender " also means 
 "defendant"; 
 
 (7.) "Indenture" means any contract in writing, and " uninden- 
 tured " means " not bound by any contract in writing " ; 
 
 (8.) Wherever in this Ordinance any term importing the singular 
 number occurs, the plural number shall be deemed included ; 
 
 (9.) Where any term is used which signifies the male gender, the 
 female gender shall be considered and taken to be included ; and 
 
 (10.) Where one matter or subject is treated of, two or more matters 
 or subjects shall be considered and included and intended, 
 
 provided it is necessary to put such a construction in order to render 
 the sense clear, or to give full and complete effect to any of the pro- 
 visions of this Ordinance, unless it is otherwise specially provided 
 for or there is something in the subject or context repugnant to such 
 construction. 
 
 3. If any person described in the preamble to this Ordinance con- Penalty on 
 tracts with any employer to serve him for a time certain, or in any ^^rvant for 
 other manner whatsoever, and does not enter into or commence his contract, 
 service according to such contract, such contract being either in writing 
 
 and signed by the contracting parties, or verbal and made in the pre- 
 sence of two ci-edible witnesses, or, having entered into such service in 
 pursuance of or under any contract, whether the same is in writing or 
 not in writing, absents himself fi'om his service, or refuses to fulfil the 
 same before the term of his contract has been completed, whether such 
 contract is for a time certain or work certain, or under the provisions 
 hereinafter in that behalf contained, except for some reasonable cause 
 as hereinafter provided, or practises or is guilty of any fraud or decep- 
 tion in the performance of any work which he is bound to perform, 
 such off'ender, on being convicted thereof, shall be punished by a fine 
 not exceeding twenty-four dollars or by imprisonment not exceeding 
 thirty days. 
 
 4. If any such person as aforesaid, by negligence or other improper Penalty on 
 
 conduct, loses, throws away, endangers, or damages the property of his ^^^Jj""* ., , 
 
 employer, or endangers such property by a careless or improper use of damaging" 
 
 fire, or wilfully maims, wounds, or cruelly ill-uses any cattlo or other property of his 
 
 employer, etc.
 
 250 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1853. 
 
 Penalty on 
 servant for 
 other wilful 
 misconduct. 
 
 Power to 
 abate wages 
 of servant on 
 conviction. 
 
 Penalty on 
 
 employer ill- 
 using servant. 
 
 Duration of 
 contract, 
 and mode of 
 termination 
 thereof. 
 
 Penalty on 
 employer 
 wrongfully 
 terminating 
 contract for 
 service for 
 time uncertain. 
 
 Penalty on 
 employer 
 wrongfully 
 terminating 
 contract for 
 time certain. 
 
 live stock belonging to his employer or entrusted to his care, or by 
 negligence suffers or occasions to be maimed, wounded, or cruelly ill- 
 used any such cattle or live stock, every such offender, on being con- 
 victed thereof, shall be punished by a fine not exceeding twenty-four 
 dollars or by imprisonment not exceeding thirty days. 
 
 5. If any such person as aforesaid is guilty of any other wilful mis- 
 conduct or ill-behaviour in such service, such person, on being convicted 
 thereof, shall forfeit and pay any sum not exceeding ten dollars. 
 
 6. The Justice by and before whom any complaint is heard and 
 determined may, in addition to any such fine or imprisonment herein- 
 before directed, 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 such person ; and, in the event of any such per- 
 son being sentenced to imprisonment, no wages shall accrue to him 
 during such imprisonment. 
 
 7. If any employer ill-uses any person, or does not deliver to any 
 person any articles stipulated for and which by the conti'act of service 
 are to be furnished by the employer to the servant, or if the articles so 
 furnished are not of the stipulated quantity or quality, every such 
 employer shall, on being convicted of any such offence, forfeit and 
 pay such sum, not exceeding fifty dollars, including the reasonable costs 
 of such servant, as to the convicting Justices may seem fit. 
 
 8. — (1.) In the absence of any express agreement between the par- 
 ties 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. 
 
 (2.) Every such contract shall be terminated by mutual consent of 
 the parties, or by either party, at the expiration of the first or any sub- 
 sequent month on giving fourteen 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 hereinafter pi'ovided. 
 
 9. If any employer terminates any contract entered into with any 
 servant for service for a time uncertain, except with the consent of 
 such servant, or by giving fourteen days' notice as aforesaid, or for 
 some good and sufficient cause as aforesaid, such employer shall forfeit 
 and pay, to the use of the servant, a sum equal to one month's wages, 
 according to the rate of wages which may have been fixed by and be- 
 tween the parties, or, if the rate of wages has not been so fixed, then 
 such sum as the Justice or Justices may consider fair and reasonable, 
 as and for a month's wages, regard being had to the class of the servant 
 and the nature of the duties contracted to be performed, in addition 
 to tlie wages due to the servant at the time of the termination of such 
 contract. 
 
 10. If any employer, having engaged any servant for service for any 
 period of time certain or for the performance of any particular work, 
 puts away, dismisses, or discharges such servant before the completion 
 of his contract, such employer, unless ho is able' to prove reasonable 
 and sufficient cause for putting away such servant, shall forfeit, to the 
 use of the servant, such sum, not exceeding twenty-four dollars, as the
 
 A.D. 1853.] EMPLOYERS AND SERVANTS. 
 
 [No. 1. 
 
 251 
 
 Justice may consider a reasonable compensation for the wrong and 
 injui'y done to such servant. 
 
 1 1. Whenever any labourer, 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 spocified time is agreed upon, 
 and having commenced the same, sus})ends his labour on the same, or, 
 by his example or persuasion, advises or otherwise induces any person 
 working with him to suspend his labour on the same, every such 
 labourer, servant, or other person shall for every such offence, on being 
 convicted thereof, forfeit and pay to the employer a sum not exceeding 
 fifty dollars, and shall, moreover, forfeit and lose to such employer 
 every sum of money which would otherwise have been due and pay- 
 able for such part or portion of the job or work which may have been 
 done and performed. 
 
 12. — (1.) It shall be lawful for any employer to discharge any ser- 
 vant who may be guilty of any misconduct or wilful omission or 
 neglect of duty, without notice and without payment of any wages 
 beyond the ^\•ages due at the period of such discharge. 
 
 (2.) To any complaint made in respect of such discharge, such mis- 
 conduct or wilful omission or neglect of dvity j^roved shall be a suffi- 
 cient 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 the provisions of this Ordinance committed 
 during the service of such person. 
 
 13. On any complaint made by any employer against any servant 
 for refusing or wilfully neglecting to perform his contract, such ser- 
 vant shall be at liberty to show by evidence, in answer to such com- 
 plaint, 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 Justice or Justices. 
 
 14. On any complaint made by any employer or servant, the Jus- 
 tice or Justices by whom such complaint is heard may discharge such 
 employer or servant from his contract or service, in addition to any 
 other order made on such complaint, and shall, in case of such dis- 
 charge, award to such servant the whole or such proportion of the 
 wages appearing due to such servant as the Justice or Justices may 
 think reasonable, or shall authorize the employer to retain the whole 
 or any specified portion of such wages, and shall give to such employer 
 or servant, as the case may require, a certificate of such discharge and 
 of such award without any fee or consideration. 
 
 15. Whenever the use and occupation of any house, cottage, tene- 
 ment, or room form an ingredient in any contract of service with any 
 labourer under < ontract, or are stipulated for or deemed a part of the 
 consideration for any work or labour to be performed on any planta- 
 tion by any such labourer, it shall be lawful for the employer to de- 
 mand, and, if need be, to enforce, under the authority of any Justice 
 of the Peace, by deduction of wages due or otherwise, paynient by 
 any such labourer or servant, for each day that such labourer or ser- 
 vant, without reasonable cause, may have absented himself from the 
 service of his employer and have kept possession of the saii house, 
 cottage, tenement, or room, such sum as may have been stipulated as 
 the value, not exceeding sixteen cents per diem. 
 
 Penalty on 
 labourer 
 delaying to 
 complete job 
 where work 
 has been 
 commenced. 
 
 Power to 
 employer to 
 discharge 
 servant for 
 misconduct. 
 
 Right of 
 servant to show 
 ill-usage in 
 answer to 
 complaint by 
 employer. 
 
 Power to 
 Justice to 
 discharge 
 employer or 
 servant from 
 contract. 
 
 Eight of 
 
 employer to 
 charge and 
 recover rent 
 in certiiin cases 
 from labourer.
 
 252 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1853. 
 
 Ejection of jg^ — (1.^ After such application to such Justice as aforesaid, the 
 
 retabiing (Jccupancy of any person hereinbefore mentioned shall cease and 
 
 possession of determine upon three clear days' notice to quit being given by the 
 
 tenement after proprietor of such tenement or premises, or by any person by him duly 
 notice to ciuit. ,1 • 111 1 
 
 authorized thereto. 
 
 (2.) In the event of any person overholding possession of the 
 
 said tenement or premises after expiration of such notice, it shall be 
 
 lawful for any Justice, and he is hereby authorized and required, on 
 
 complaint made and proof thereof given, to issue his warrant directing 
 
 any police officer or constable of the district in which such tenement 
 
 or premises may be situated to enter and take possession of the same, 
 
 and to eject any person therefrom : Provided always that in the event 
 
 of any person proceeding to recover possession of such tenement or 
 
 premises as aforesaid, otherwise than in the mode and manner 
 
 pointed out by this Ordinance, he shall be subject and liable, on 
 
 complaint made, to the payment of a fine not exceeding twenty-four 
 
 dollars. 
 
 17. Whenever any employer grants to any servant the use and occu- 
 pation of any piece of land for the growth of provisions, such permis- 
 sion to be valid shall be in writing, and unless such permission in 
 writing contains a stipulation that the employer shall be at liberty to 
 determine the grant at any time and to resume possession of the land 
 without the servant being entitled to the growing crops, every servant 
 to whom there may be granted the use and occupation of any land in 
 the manner and for the purpose aforesaid shall, at any hour between 
 six o'clock in the morning and four o'clock in the afternoon of every 
 day, within three months after his quitting or ceasing to be in such 
 service, have the right of entering upon and reaping the growing crops 
 on the said land. 
 
 18. Where a contract of service within the purview of this Ordin- 
 ance is entered into by any person out of this Colony but is to be per- 
 formed in this Colony, such contract of service shall be valid and 
 binding, under and subject to the provisions of this Ordinance and of 
 any other Ordinance in any way relating to contracts of service or to 
 proceedings in connexion with the breach thereof, in the same manner 
 as if it had been entered into in this Colony. 
 
 Use of contract 19. A contract entered into as mentioned in the last preceding 
 as evidence in section, or any endorsement thereon, shall be admissible in evidence as 
 primd facie proof of any matter or thing contained therein in any 
 proceeding relating to or affecting such contract or endorsement. 
 
 Right of 
 servant in 
 specified case 
 to enter and 
 reap growing 
 crops on 
 provision 
 grounds. 
 
 Validation of 
 contract of 
 service entered 
 into out of 
 the Colony. 
 
 Application of 
 the Ordinance 
 to servants 
 introduced 
 from outside 
 the Colony. 
 
 Procedure and 
 appeal. 
 
 See Ordinances 
 No. 12 of 1893 
 and No. 13 
 of 1893. 
 
 20. This Ordinance shall apply to servants introduced from out- 
 aide the Colony at the expense of the employer, unless expressly 
 excluded by any law for the time being in force relating to im- 
 migrants. 
 
 21. All complaints, differences, and disputes which may arise be- 
 tween employer and servant touching and concerning any matter or 
 thing shall and may be heard and determined in manner and form, 
 and shall be subject to the appeal, provided by any Ordinances for the 
 time being in force regulating procedure before Stipendiary Magistrates 
 in the exercise of their summary jurisdiction and appeals from the 
 decisions of Stipendiary Magistrates.
 
 A.D. 1854.] 
 
 ArPRENTICES. 
 
 [No. 1. 
 
 253 
 
 OKDINANCE No. 1 OF 1854. 
 
 An Ordinance to make provision for the Apprentice- a.d. 1854. 
 ship of Children. ordi^ 
 
 [18th January, 1854.] f^^J^^ 
 
 BE it enacted by the Governor of British Guiana, with, the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Apprentices Ordinance, Short title. 
 1854. 
 
 2. In this Ordinance, unless it is otherwise specially provided or Interpretation 
 unless the context otherwise requires, — °* terms. 
 
 " Month " means a calendar month : 
 
 Every word importing the singular number only shall extend and 
 
 be applied to several persons, matters, and things, as well as to 
 
 one person, matter, or thing : 
 Every word importing the plural number shall extend and be 
 
 applied to one person, matter, or thing, as well as to several 
 
 persons, matters, or things : 
 Every word importing the masculine gender only shall extend and 
 
 be applied to a female as well as to a male : 
 " The Receiver General " includes the Assistant Receiver General : 
 " Stipendiary Magistrate " extends, applies to, and includes the ^ee No. 10 of 
 
 Police Magistrate of Georgetown, and also any Justice of the ' ^' 
 
 Peace who may be specially appointed by the Governor to act 
 
 under the provisions of this Ordinance. 
 
 PART I. 
 
 Resident Apprentices. 
 
 3. All children who have arrived at the age of twelve years shall 
 and may be apprenticed out by their parents and guardians, for any 
 period not exceeding five years, to persons competent to provide for 
 such children and to rear them to the end of their apprenticeship in 
 habits of industry. 
 
 4. — (1.) Before any child is bound apprentice under and by virtue 
 of the provisions of this Part, such child shall be taken by his parent 
 or guardian before two Justices of the Peace in the City of Georgetown 
 or the Town of New Amsterdam, who shall inquire into the propriety 
 of binding such child apprentice to the person to whom it may be 
 proposed by such parent or guardian to bind such child ; and such 
 Justices shall particularly inquire and consider whether such person 
 resides or has his place of business within a reasonable distance from 
 the place where the parent or guardian of such child resides, having 
 regard to the means of communication between such places, and to the 
 distance from any Place of Worship of the communion to which such 
 child may belong, or whether any circumstances make it fit, in the 
 judgment of such Justices, that such child should be placed apprentice 
 at a greater or lesser distance ; and such Justices shall, if they see fit, 
 e:3?;amine the parent or guardian of such child as to the distance of the 
 
 Eight of parent 
 or guardian to 
 apprentice 
 child under 
 12 years. 
 
 Inquiry as to 
 propriety of 
 binding child 
 to particular 
 person.
 
 254 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1854. 
 
 residence or place of business of the person to whom it may be pro- 
 posed to bind such child and the means of communication therewith ; 
 and such Justices shall also inquire into the circumstances and 
 character of such person. 
 
 (2.) If such Justices, upon such examination and inquiry, think 
 it proper that such child should be bound apprentice to such person, 
 such Justices shall sign the register of apprenticeship, and such signing 
 shall be a declaration that such person is a fit person, to whom such 
 child may be properly bound as an apprentice, and such signing shall 
 be an order of such Justices and a warrant for binding such child 
 apprentice as aforesaid. 
 
 Keeping of 
 register of 
 apprentices. 
 
 Schedule : 
 Form No. 1. 
 
 Furnishing of 
 copy of register 
 to master, and 
 payment of fee. 
 
 Mutual 
 obligations of 
 master and 
 apprentice. 
 
 5. — (1.) There shall be kept by the Clerk of the PoUce Magistrate 
 of Georgetown and the Clerk of the Stipendiary Magistrate in New 
 Amsterdam respectively a register of all apprentices bound out within 
 the Counties of Demerara and Essequebo and of Berbice respectively ; 
 and such register shall be kept in the Form No. 1 contained in the 
 Schedule to this Ordinance, and shall contain the date of apprenticeship, 
 the name and age of the apprentice, the name, if known, of his parent 
 or guardian, the name of the person to whom such apprentice is bound, 
 the trade and residence of such person, and the parties to the act of 
 apprenticeship, including the Justices of the Peace and the parent or 
 guardian of such child, and all such particulars being entered in such 
 register shall be the act and articles of apprenticeship. 
 
 (2.) A copy of such register, purporting to be authenticated by 
 such Clerk as aforesaid, shall be evidence of such apprenticeship, and 
 shall be so received by all Courts, Judges, Justices of the Peace, and 
 Magistrates, without any further proof of apprenticeship and without 
 proof of the handwriting of such Clerk. 
 
 6. — (1.) Every person taking an apprentice as aforesaid shall be 
 furnished with a copy of such register authenticated by such Clerk as 
 aforesaid, and such copy shall be considered and held to be the 
 counterpart of the act or articles of apprenticeship. 
 
 (2.) Such person shall pay to the Receiver General the sum of 
 one dollar, and no apprenticeship shall be valid or binding unless it 
 appears by the register, and every authentic copy thereof, that such 
 fee has been paid. 
 
 7. — (1-) Every person so taking an apprentice 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 apprentice during the continuance of the apprenticeship with 
 sufficient clothing, meat, drink, lodging, medical attendance, and all 
 other necessaries, and also shall allow such apprentice to attend Divine 
 Service at least once on every Sunday. 
 
 (2.) By the signature of the parent or guardian of such apprentice 
 in the column of the register appropriated to the same, the said ap- 
 prentice shall become bound and obliged to serve his master faithfully 
 during the whole term specified in the said register, and during all 
 that time he shall be bound and obliged to keep the secrets of his 
 master, to obey all his lawful commands, not to do any damage to his 
 master, nor see any damage done by others, but to prevent the same 
 or give notice of the same to his master, not to waste the goods of 
 his master nor lend them unlawfully to any, not to commit forni- 
 cation nor contract matrimony, not to play at cards, dice, tables, or
 
 A.D. 1854.J 
 
 APPRENTICES. 
 
 [No. 1. 
 
 255 
 
 any other unlawful game whereby his master may have or sustain 
 any loss, not to frequent taverns or grog shops, and not to absent 
 himself from his master's service by day or by night unlawfully, but 
 as a faithful apprentice to behave himself towards his master in all 
 things. 
 
 (3.) A copy of sections 5, 6, and 7 shall be printed at the foot 
 of each authenticated copy of the i-egister when given off as afore- 
 said. 
 
 8. If any person apprenticed under this Part runs away from or Apprehension 
 leaves the service of his master, it shall be lawful for any Justice of °^ apprentice 
 the Peace to gi*ant a warrant, directed to any officer of the Police " '" ^'^^^ ' 
 Force or constable, to arrest such apprentice and bring him before 
 
 him, the said Justice, or any other Justice of the Peace, to be dealt 
 with according to law. 
 
 9. It shall be lawful for any Justice, on any complaint or applica- Misusage of 
 tion made by any person apprenticed under this Part, or by any person '^PP^'e^tice. 
 on belialf of any such apprentice, touching or concerning any misusage, 
 
 refusal or neglect to provide clothing, meat, drink, lodging, medical 
 attendance, or other necessary, or to allow such apprentice to attend 
 Divine Service at least once every Sunday, cruelty, or other ill-treat- 
 ment of or toward such apprentice by his master, to summon such 
 master to appear before such Justice and some other Justice at a 
 reasonable time to be named in such summons ; and such two Justices 
 shall examine into the matter of such complaint ; and, on proof thereof 
 to their satisfaction, (whether the master is present or not, if service 
 of the summons is prt)ved upon oath,) the said Justices may convict 
 the offender for every such offence in a penalty not exceeding twenty- 
 five dollars, to be levied, if not forthwith paid, by distress and sale of 
 his goods by warrant under the hand of either of the said Justices, and 
 in case the conviction is for refusal or neglect to provide suitable and 
 necessary clothing for such apprentice, such master shall be ordered to 
 provide clothing for such apprentice, and in case of disobedience of 
 such oi'der, Avithin a time to be specified by the Justices, such master 
 shall be sentenced to imprisonment for any term not exceeding four- 
 teen days ; and such Justices shall moi'eover discharge from appren- 
 ticeship such appi"entice, by warrant or certificate under their hands, 
 for which warrant or certificate no fee shall be paid ; and thereupon 
 such apprentice shall be bound out to some other person for the un- 
 expired portion of the original term. 
 
 10. On application or complaint made upon oath by any master iil-behaviour 
 touching or concerning any misdemeanour, miscarriage, or ill-behaviour °^ apprentice, 
 of any such apprentice in his service, it shall be lawful for any Justice 
 
 to hear, examine, and determine the same, and to punish the offender 
 by commitment to any Prison, there to remain in solitax'y confinement 
 for a reasonable time, not exceeding fourteen days. 
 
 11. — (1.) If any apprentice absents himself from his master's service Liability of 
 
 before the term of his apprenticeship has expii'ed, every such appren- ''P^*'^"''^^ 
 
 tice shall, at any time thereafter, whenever he may be found, be com- himselfto 
 
 pelled to serve his master two days for every day on which he may have df>"\'le tei-m of 
 
 so absented himself from such service, unless he makes satisfaction to ''^'"^'''^• 
 his master for the loss which his master may have sustained by his 
 absence from his service, and so from time to time, as often as any such
 
 256 
 
 Insolvency of 
 master. 
 
 Death of 
 master. 
 
 Schedule : 
 Form No. 2. 
 
 Death of 
 
 8ul)sequent 
 
 master. 
 
 Case of no 
 application 
 made on death 
 of master, etc. 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1854. 
 
 apprentice, without leave of his master, absents himself from his service 
 before the term of his apprenticeship is fulfilled. 
 
 (2.) In case any such apprentice refuses to serve as hereby required 
 or to make such satisfaction to his master, such master may complain, 
 upon oath, to any Justice of the Peace, who shall issue a warrant under 
 his hand for apprehending such apprentice, and such Justice, on hear- 
 ing the complaint, may determine what satisfaction shall be made to 
 such master by such apprentice, and in case such apprentice does not 
 give security to make such satisfaction according to such determination, 
 it shall and may be lawful for such Justice to commit such apprentice 
 to any Prison, thei'e to remain in solitary confinement for any time not 
 exceeding twenty-one days. 
 
 12. When any person as aforesaid is apprenticed to any person who 
 is declared a bankrupt or adjudged an insolvent, such bankruptcy or 
 insolvency shall, if the parent or guardian thinks fit, be and operate as 
 a complete discharge from apprenticeship of the apprentice : Provided 
 that, in the case of any child bound out by any Local Board of 
 Guardians, he shall be bound out for the unexpired term of his 
 original apprenticeship. 
 
 13. — (1.) At any time within three months after the death of any 
 master to whom any person may have been apprenticed as aforesaid, it 
 shall be lawful for any two Justices of the Peace, on application made 
 by the widow of such master, or by any son or daughter, or brother or 
 sister, or executor or administrator of such master, or of his estate and 
 effects, to assign such appi-entice, by order under their hands, and by 
 and with the consent of the pai-ent or guardian of such apprentice, 
 to serve as an apprentice to any one of such persons so making such 
 application as aforesaid (such person having lived with and having 
 been part of the family of such master at the time of his death) as the 
 said Justices may in their discretion think fit, for and during the residue 
 of the term mentioned in such articles of apprenticeship ; and the person 
 obtaining such order shall declare his acceptance of such apprentice 
 by subscribing his name to such order. 
 
 (2.) From and after the making of such order, the executors and 
 administrators, and the personal assets, estate, and effects of the master 
 so dying as aforesaid, shall be released and discharged of and from any 
 promise, covenant, or obligation whatsoever on the part of such mas- 
 ter, his executors or administrators, to be done or performed ; and the 
 person obtaining the same shall be taken to be and shall be the master 
 of such apprentice. 
 
 (3.) iSuch assignment shall be in the form or to the effect set forth 
 in Form No. 2 contained in the Schedule to this Ordinance. 
 
 14. All and singular the regulations and provisions hereinbefore 
 made and directed to take place on the death of the original master 
 shall be deemed and taken to relate to the like event of the death of 
 any subsequent master, and to his several relations and representatives 
 before enumerated, from time to time, so often as the case may happen 
 during the continuance of the term mentioned in any original act or 
 articles of apprenticeship. 
 
 15. In case no such application is made as aforesaid within three 
 months next after the death of any such master, or in case the Justices 
 to whom any such application as aforesaid may be made do not think
 
 A.D. 1854.] 
 
 APPRENTICES. 
 
 [No. 1. 
 
 257 
 
 fit that such apprenticeship should be continued, then the said appren- 
 ticeship shall be determined, and the act or articles of apprenticeship 
 and covenants therein contained shall be at an end, and the Justices 
 may bind out the apprentice to some other person until the expiration 
 
 of 
 
 the original term. 
 
 Restriction of 
 provisions to 
 apprentice 
 living with 
 farnilv. 
 
 Failure of 
 master to 
 maintain 
 aitprentice. 
 
 16. Nothing in this Part shall extend ov be construed to extend 
 to any apprentice, except such only as may be living with and make 
 part of the family, or may be in the actual employment of such original 
 master, or of any subsequent master under and by virtue of the several 
 provisions of this Part at the time of the bankruptcy, insolvency, or 
 death of any such master. 
 
 17. In case any master aforesaid, during the term of any such ap- 
 prenticeship as aforesaid, or any executor or administrator of any such 
 master during such three months as aforesaid, refuses or neglects to 
 maintain and provide for any such apprentice according to the pro- 
 visions of this Part, it shall and may be lawful for any Justice of the 
 Peace, on complaint of such apprentice or of any person on his behalf, 
 by warrant under his hand, to levy, by distress and sale of the per- 
 sonal estate and effects of such master or such executor, such sum of 
 money as may be necessary for the maintenance and clothing of such 
 apprentice, and such sum shall be over and above and independent of 
 any fine or penalty that may be levied under any of the provisions of 
 this Part. 
 
 18. — (1.) It shall be lawful for the master of any such apprentice as Assignment 
 aforesaid, by and with the consent of the parent or guardian of such of apprentice, 
 apprentice and with the approbation of two Justices as aforesaid, to 
 assign such apprentice to any other person who may be willing to 
 take such apprentice for the residue of the term mentioned in the 
 articles of apprenticeship ; and such assignment may be in the form 
 or to the effect set forth in form No. 2 contained in the Schedule to Schedule : 
 this Ordinance. Fo'""^ No. 2. 
 
 (2.) In such case such apprentice shall be deemed and taken to 
 be the apprentice of such subsequent master to whom such assignment 
 may be made, to all intents and purposes whatsoever, and so from time 
 to time as often as it may be necessary or convenient for any such 
 subsequent master to part with any such apprentice ; and two Justices 
 of the Peace shall have the like power and authority, in the several 
 cases last mentioned, in respect as well to the subsequent master as to 
 the apprentice, as if such apprentice had been originally bound to such 
 master. 
 
 (3.) Such last-mentioned master and apprentice respectively shall 
 be subject and liable to the several penalties, provisions, and regula- 
 tions of this Part. 
 
 19. Where any apprentice is discharged, the Justices discharging Rights of 
 
 hiin may order the person who was his master to deliver up to such ajiprentice 
 
 ^- 1 • • 1 . T on being 
 
 apprentice nis wearing apparel, or to pay any sum, not exceeding discharged. 
 
 twenty-five dollars, in case such master refuses to deliver up such wear- 
 ing apparel ; and on his refusal to pay the sum so ordered, or any part 
 thereof, such Justices shall levy the same by distress, together with the 
 reasonable expenses of such distress. 
 
 20. To prevent the expectation of a discharge being an inducement Power to 
 bo ill- behaviour on the part of an apprentice, in all cases where any r""'^
 
 258 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1854. 
 
 apprentice 
 dischai>,'ed for 
 ill-behaviour. 
 
 Case of master 
 removing his 
 residence. 
 
 Penalty on 
 master putting 
 away or 
 transferring 
 apprentice 
 mthout consent 
 of Justices. 
 
 Penalty on 
 
 person 
 harbouring 
 apprentice, etc. 
 
 apprentice is discharged by any Justices under and by virtue of this 
 Part from his apprenticeship, on account of any misdemeanour, mis- 
 carriage, or ill-behaviour on the part of such apprentice, it shall be 
 lawful for such Justices, by warrant, to commit such offender to any 
 Prison, there to remain in solitary confinement for any time not 
 exceeding twenty days. 
 
 21. — (1.) If any person to whom an apprentice is bound under and 
 by virtue of this Part removes his residence or establishment of 
 business from the place where the same was when such apprentice was 
 bound, such person shall, at least ten days previous to such removal, 
 give a written notice thereof to a Justice of the Peace, who shall 
 associate with himself some other Justice, and they shall cause such 
 apprentice to appear before them. 
 
 (2.) Such Justices shall inquire whether it is fit and proper that 
 such apprentice should continue in the service of such person, or be 
 discharged therefrom and bound or assigned over to any other person, 
 and shall thereupon make order either for the continuance of such 
 apprentice with such person, or for the discharge of such apprentice, or 
 for the binding or assigning of such apprentice to some other person, 
 as to them may seem meet, and, if they see fit, shall also require the 
 person so giving notice of removal to pay the amount of the expense 
 of assigning or binding such apprentice to any other person, so 
 approved by the said Justices. 
 
 (3.) The person to whom such apprentice is bound or assigned 
 shall be subject to the same rules, provisions, regulations, and obligations 
 as the person to whom such apprentice was originally bound. 
 
 (4.) In case any such master removes as aforesaid, and takes any 
 such apprentice to another place without such order as aforesaid, or 
 wilfully abandons and leaves any such apprentice without giving such 
 notice as aforesaid, every person so offending shall forfeit a sum not 
 exceeding twenty-three dollars. 
 
 22. It shall not be lawful for any master to put away or transfer 
 any such apprentice to any other person, or in any way to discharge 
 or dismiss from his service any such apprentice, without the consent 
 of two J ustices a§ aforesaid, upon pain of forfeiting a sum not exceeding 
 twenty-three dollars, and of having the act or articles of apprenticeship 
 cancelled. 
 
 23. — (1.) Every person who — 
 
 (a. ) Harbours, conceals, or employs any apprentice, being at the 
 
 time bound in virtue of this Part ; or 
 {b.) Removes or entices away or solicits or entices any such 
 
 apprentice to remove from the employment or service of his 
 
 master, 
 
 shall for every such offence, on being convicted thereof before any 
 Justice of the Peace, forfeit and pay a sum not exceeding twenty-three 
 dollars, and shall further pay to the master of such apprentice a sum 
 of not less than one dollar and not exceeding three dollars for each day 
 during which such apprentice may have been harboured, concealed, or 
 employed. 
 
 (2.) If the master of any such apprentice proves upon oath, before 
 any Justice of the Peace, a reasonable cause to suspect that such ap- 
 prentice is harboured, concealed, or employed on the premises of any
 
 A.D. 1854.] 
 
 APPRENTICES. 
 
 [No. 1. 
 
 259 
 
 person, such Justice shall grant a warrant to search for such appren- 
 tice, and bring him, together with tlie person Ijy whom such apprentice 
 may be harboured, concealed, or employed, before him, to be dealt with 
 as aforesaid : Provided always that in every case in which any dispute 
 or diiference arises as to whether any person charged with harbouring, 
 concealing, or employing any apprentice under this Part, or with 
 having removed or enticed away, or with having solicited or enticed 
 any such apprentice to remove from the employment or ser\ace of his 
 master, had knowledge of any such apprentice being bound under this 
 Part, the proof of the want of such knowledge shall be on such person, 
 and the proof of the knowledge of such person shall not \)q on the 
 party aggi-ieved, complaining, or informing. 
 
 24. All complaints to any one or more Justices of the Peace under 
 and by virtue of this Part shall be made, heard, and determined, and 
 the punishments inflicted and penalties recovered in manner and form 
 directed by any Ordinance for the time being in force regulating pro- 
 cedure before Stipendiary Magistrates in the exercise of their sum- 
 mary jurisdiction, and the decision of such Justice or Justices shall 
 be subject to the appeal provided by any Ordinance for the time 
 being in force regulating appeals from the decisions of Stipendiary 
 Magistrates. 
 
 25. In default of payment of any of the moneys payable under and 
 by virtue of the provisions of this Part, (unless their collection is 
 otherwise specially provided for,) the same shall be recovered and en- 
 forced by the Receiver General by summary execution. 
 
 26. All Justices of the Peace, police ofiicers, constables, and other 
 persons acting under and by virtue of the provisions of this Part shall 
 be entitled to all the protection, benefits, and advantages of the 
 Justices Protection Ordinance, 1850. 
 
 Procedure 
 and appeal 
 under Part. I. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 <S'ce Oi-dinance 
 No, 13 of 1893. 
 
 Eight of the 
 Receiver 
 General to 
 have summarj' 
 execution. 
 
 Protection of 
 person acting 
 under Part 1. 
 
 No. 2 of 1850. 
 
 PART II. 
 
 Non-Resident Apprentices. 
 
 27. All children who have arrived at the age of ten years may be 
 apprenticed as non-resident apprentices by their parents or guardians, 
 for any period not exceeding seven years, to persons competent to 
 teach them useful trades, and to rear them to the end of their appren- 
 ticeship in habits of industry : Provided always that no such indenture 
 of appi'enticeship shall continue in force after the apprentice has 
 attained the full age of twenty-one years, or, if a girl, has been sooner 
 legally married. 
 
 28. Before any child is bound a non-resident apprentice under and 
 by virtue of the provisions of this Part, such child shall be taken by 
 his parent or guardian l^efore a Stipendiary Magistrate, who shall 
 cause an indenture of apprenticeship, according to the Form Xo. 3 
 contained in the Schedule to this Ordinance, to be signed and executed 
 in duplicate before him, and shall deliver one part of such indenture 
 to the master and the other to the apprentice : and each of such parts 
 shall be on a stamp of fifty cents, but no assignment thereof need be 
 stamped. 
 
 Right of parent 
 or guardian to 
 apprentice 
 child under 
 10 years. 
 
 Execution of 
 indenture of 
 apprenticeship. 
 
 Schedule : 
 Form No. 3. 
 
 VOL, I. 
 
 18
 
 260 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1854. 
 
 Keeping of 
 register of 
 apprentices. 
 
 Mutual 
 obligations of 
 master and 
 apprentice. 
 
 Misusage of 
 apprentice. 
 
 29.— (1.) There shall be kept by the several Stipendiary Magis- 
 trates a register of non-resident apprentices indentured within their 
 respective Districts, and such register shall contain the date of appren- 
 ticeship, the name and age of the apprentice, the name of his parent or 
 guardian, the name of the person to whom such apprentice is bound, 
 the trade and residence of such person, and also the name, trade, aud 
 residence of any person to whom such apprentice may be assigned as 
 hereinafter provided. 
 
 (2.) A copy of such register, purporting to be authenticated by 
 such Magistrate, shall, in the absence of the indenture, be evidence of 
 such apprenticeship, and shall be so received by all Courts, without 
 any further proof of apprenticeship, and without proof of the hand- 
 writing of the Magistrate. 
 
 (3.) For every such copy a fee of twenty-four cents shall be paid 
 to the Magistrate's Clerk by the party applying for the same. 
 
 30. — (1.) Every person so taking an apprentice as aforesaid shall 
 be bound and obliged to pay to such apprentice, or to his parent or 
 guardian, weekly, during the continuance of the apprenticeship, the 
 stipulated amount of wages, and to teach him his trade the best manner 
 that he can. 
 
 (2.) The said apprentice shall be bound and obliged to serve his 
 master faithfully during the whole term specified in the said indenture, 
 and during all that time he shall be bound and obliged to keep the 
 secrets of his master, to obey all his lawful commands, not to do any 
 damage to his master, nor see any damage done by others, but to pre- 
 vent the same or give notice of the same to his master, not to waste 
 the goods of his master nor lend them unlawfully to any, not to commit 
 fornication, not to play at cards, dice, tabhs, or any other unlawful 
 game whereby his master may have or sustain any loss, not to frequent 
 taverns or grog shops, and not to absent himself from his master's 
 service unlawfully, but as a faithful apprentice to behave himself 
 towards his master in all things. 
 
 31. It shall be lawful for any Stipendiary Magistrate, on complaint 
 or application made upon oath by any person apprenticed under this 
 Part, or by any person on behalf of any such apprentice, touching or 
 concerning any misusage, refusal or neglect to pay the stipulated wages 
 when due, cruelty, or other ill-treatment of or toward such apprentice 
 by his master, to summon such master to appear before him, at a 
 reasonable time to be named in such summons ; and the Magistrate 
 shall examine into the matter of such complaint ; and, on proof thereof 
 to his satisfaction (whether the master is present or not, if service of 
 the summons is proved upon oath), the Magistrate may convict the 
 offender for every such offence in a penalty not exceeding forty-eight 
 dollars, to be levied, if not forthwith paid, by distress, and sale of his 
 goods by warrant under the hand of the Magistrate, and in case the 
 conviction is for refusal or neglect to pay wages as aforesaid, such 
 mnster shall be ordered to pay the same to such apprentice, and, in 
 default, to he imprisoned, with or without hard labour, for any term 
 not exceeding thirty days ; and the Magistrate may moreover, if he 
 thinks fit, discharge from apprenticeship such apprentice, by warrant 
 or certificate under his hand, for which warrant or certificate no fee 
 shall be paid.
 
 A.D. 1854.] 
 
 APPRENTICES. 
 
 [No. 1. 
 
 261 
 
 Apprehension 
 of apprentice 
 running away. 
 
 Ill-beliaviour 
 of apprentice. 
 
 Liability of 
 apprentice 
 absenting 
 himself to 
 double term 
 of service. 
 
 32. If any person apprenticed under this Part runs away from or 
 leaves the service of his master, it shall be lawful for any Justice of 
 the Peace to grant a warrant, directed to any officer of the Police 
 Force or constable, to arrest such apprentice and l)ring him before a 
 Stipendiary Magistrate, to be dealt with according to law. 
 
 33. On complaint or application made upon oath by any master 
 touching or concerning any misdemeanor, miscarriage, or ill-behaviour 
 of any such apprentice in his service, it shall be lawful for any Stipen- 
 diary Magistrate to hear, examine, and determine the same, and to 
 punish the offender by commitment to prison, there to remain in 
 confinement, solitary or otherwise, for a reasonable time, not exceeding 
 twenty-one days, and further, if he thinks fit, to cancel the indenture 
 of apprenticeship. 
 
 34. — (1.) If any apprentice absents himself from his master's ser- 
 vice before the term of his apprenticeship has expired, every such 
 apprentice shall be compelled to serve his said master two days for 
 every day on which he may have so absented himself from such ser- 
 vice, unless he makes satisfaction to his master for the loss which such 
 master may have sustained by his absence from his service, and so 
 from time to time, as often as any such apprentice, without leave of 
 his master, abseiits himself from his service before the term of his 
 apprenticeship is fulfilled. 
 
 (2.) In case any such apprentice refuses to serve as hereby required, 
 or to make such satisfaction to his master, such master may complain 
 upon oath to any Stipendiary Magistrate, who may issue a warrant 
 under his hand for apprehending such apprentice, and the Magis- 
 trate, on hearing the complaint, may determine what satisfaction shall 
 be made to such master by such apprentice, and in case such appren 
 tice does not give security to make such satisfaction according to such 
 determination, it shall be lawful for the Magistrate to commit such 
 apprentice to prison, there to remain in confinement, solitary or other- 
 wise, for any term not exceeding twenty-one days. 
 
 35. When any apprentice as aforesaid is bound to any person who Insolvency of 
 is declared a bankrupt or adjudged an insolvent, such bankruptcy or master, 
 insolvency shall, if the parent or guardian thinks fit, be and operate 
 as a complete discharge from apprenticeship of the apprentice. 
 
 36. — (1.) At any time within three months after the death of any 
 master to whom any person may have been apprenticed as aforesaid, 
 it shall be lawful for any Stipendiary Magistrate, on application made 
 by the widow of such master, or by any son or daughter, or brother 
 or sister, or executor or administrator of such master, to sanction 
 the assignment of such apprentice, by order under his hand and by 
 and with the consent of the parent or guardian of such apprentice, 
 to serve as an apprentice to any one of such persons so making such 
 application as aforesaid, as the parent or guardian may think fit, for 
 and during the residue of the term mentioned in the indenture of 
 apprenticeship. 
 
 (2.) From and after the making of such order, 
 and administrators, and the estate of the master 
 shall be released and discharged of and from any 
 or obligation whatsoever in the said indentut 
 such master, to be done or performed ; and such assignment shall 
 
 VOL. I. 18a 
 
 the heirs, executors 
 dying as aforesaid 
 promise, covenant, 
 3 on the part of 
 
 Death of 
 master.
 
 262 
 
 No. 1.] THE LAWS OF BRITISH GUIANA .- [A.D. 1854. 
 
 be noted in the register and endorsed on the duplicate copies of the 
 indenture of apprenticeship in the presence of the Stipendiary Magis- 
 trate. 
 
 Death of 
 
 subsequent 
 
 master. 
 
 Case of no 
 application 
 made on death 
 of master, etc. 
 
 Assigmuent of 
 apprentice. 
 
 37. AH and singular the regulations and provisions hereinbefore in 
 this Part made and directed to take place on the death of the original 
 master shall be deemed and taken to relate to the like event of the 
 death of any subsequent master, and to his several relations and 
 representatives before enumerated, from time to time, as often as the 
 case may happen during the continuance of the term mentioned in any 
 original indenture of appi'enticeship. 
 
 38. In case no such application is made as aforesaid within three 
 months next after the death of any such master, or in case the parent 
 or guardian of such apprentice does not think fit that such apprentice- 
 ship should be continued, then the said apprenticeship shall be deter- 
 mined, and the indenture of apprenticeship and covenants therein 
 contained shall be at an end. 
 
 39. — (!•) It shall be lawful for the master of any such apprentice as 
 aforesaid, by and with the consent of the parent or guardian of such 
 apprentice and in the presence of a Stipendiary Magistrate, to assign 
 such apprentice to any other person who may be willing to take such 
 apprentice for the residue of the term mentioned in the indenture of 
 apprenticeship ; and such assignment shall be noted in the register and 
 endorsed on the duplicate copies of the indenture of apprenticeship in 
 the presence of the said Stipendiary Magistrate. 
 
 (2.) In such case such apprentice shall be deemed and taken to be 
 the apprentice of such subsequent master to whom such assignment 
 may be made, to all intents and purposes whatsoever, and so from time 
 to time as often as it may be necessary or convenient for any such 
 subsequent master, with such consent as aforesaid, to part with any 
 such apprentice ; and any Stipendiary Magistrate shall have the same 
 power and authority, in the several cases last mentioned, in respect as 
 well to the subsequent master as to the apprentice, as if such appren- 
 tice had been originally bound to such master. 
 
 (3.) Such last-mentioned master and apprentice respectively shall 
 be subject and liable to the several penalties, provisions, and regula- 
 tions of this Part. 
 
 40. — (1.) If any person to whom an apprentice is bound under and 
 by virtue of this Part removes his place of business from where the 
 same was when such apprentice was bound, such person shall, at least 
 ten days previous to such removal, give a written notice thereof to the 
 parent or guardian of such apprentice, and shall apply for his sanction 
 to remove such apprentice to such new place of business. 
 
 (2.) In case any such master removes as aforesaid, and takes any 
 apprentice to another place without such sanction as aforesaid, or 
 wilfully abandons and leaves any such apprentice without giving 
 such notice as aforesaid, every person so offending shall forfeit a sum 
 not exceeding fifty dollars, and shall further be liable to have the 
 indenture of apprenticeship cancelled by order of any Stipendiary 
 Magistrate. 
 
 Assignment not 41. It shall not be lawful for any master to put away or transfer 
 to be without y^^^y j,uch apprentice to any other person, or in any way to discharge 
 
 Case of master 
 removing his 
 place of 
 business.
 
 A.D. 1854.] 
 
 APPRENTICES. 
 
 [No. 1. 
 
 263 
 
 or dismiss from his service any such apprentice, without the consent parent's 
 of the parent or guardian of such apprentice, upon pain of forfeiting a '^'^"'*^" ■ 
 sum not exceeding fifty dollars, and of having the indenture of 
 apjjrenticeship cancelled by order of any Stipendiary Magistrate. 
 
 Penalty on 
 person 
 
 harbouring or 
 concealing 
 apprentice, etc. 
 
 - 42. — -(1.) Every person who — 
 
 [a.) Har)>ourg, conceals, or employs any apprentice, being at the 
 
 time bound in virtue of this Part ; or 
 (6.) Removes or entices away or solicits or entices any such 
 
 apprentice to remove from the employment or service of his 
 
 master, 
 
 shall for every such offence, on being convicted thereof before any 
 Stipendiary Magistrate, forfeit and pay a sum not exceeding twenty-four 
 dollars, and shall further pay to the master of such apprentice a sum 
 of not less than fifty cents nor exceeding two dollars for each day 
 during which such apprentice may have been harboured, concealed, or 
 employed. 
 
 (2.) If the master of any such a])prentice proves upon oath, before 
 any such Magistrate, that he has reasonable cause to suspect that such 
 apprentice is harboured, concealed, or employed on the premises of any 
 person, such Magistrate may grant a warrant to search for such 
 apprentice, and bring him, together with the person by whom such 
 apprentice may be harboured, concealed, or employed, before him to be 
 dealt with as aforesaid : Provided always ihat in every case in which 
 any dispute or difference arises as to whether any person charged with 
 harbouring, concealing, or employing any apprentice under this Pai't, 
 or with having removed or enticed away, or with iiaving solicited or 
 enticed any such apprentice to remove from the employment or service 
 of his master, had knowledge of any such apprentice being bound under 
 this Part, the proof of the want of such knowledge shall be on such 
 person, and the proof of the knowledge of such person shall not be on 
 the party aggrieved, complaining, or informing. 
 
 43.-- (1.) All proceedings before any Stipendiary Magistrate under Procedure and 
 this Part shall be conducted, as near as may be, according to the form ^PPe«Yuider 
 of procedure, and shall be subject to the ap2:)eal, provided by any (^, ^ ,- 
 Ordinances for the time being in force regulating procedure before Ivo. 12 of 1893 
 Stipendiary Magistrates in the exercise of their summary jurisdiction «'"( ^'o. 13 of 
 and appeals from the decisions of Stipendiary Magistrates. 
 
 {'2.) Every such Magistrate shall have full power, jurisdiction, and 
 authority to award and determine and to enforce the recovery of any 
 fine, penalty, or sum of money incurred under this Part, notwithstand- 
 ing that the same may exceed forty-eight dollars. 
 
 1893.
 
 264 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1854 
 
 SCHEDULE. 
 
 Forms. 
 Section 5. Form No. 1. 
 
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 Form No. 3. 
 
 Indenture of Non-Reaident Apprenticeship. 
 British Guiana. 
 
 It is hereby agreed by and between A. £., of having his place 
 
 of business at and C. D., in his quality of Father [or Guardian] 
 
 of E. F., a minor of the age of years, that the said £. F. shall faithfully 
 
 serve the said ^. ^. as an Apprentice for the term of years from the 
 
 day of 1 , and that during all that time the said 
 
 F. F. shall keep the secrets of his said Master, and obey all his lawful com- 
 mands, and that the said E. F. shall not do any damage to his said Master, nor 
 see any damage done by others, but shall prevent the same or give notice of the 
 same to his said Master, and that the said E. F. shall not waste the goods of his 
 said Master, nor lend them unlawfully to any, nor commit fornication, nor play 
 at cards, dice, tables, or any other unlawful game whereby his said Master may 
 hav ) or sustain any loss, and that the said F. F. shall not frequent taverns or 
 grog shops, nor absent himself from his said Master's service unlawfully, but 
 that he shall as a faithful Apprentice behave himself towards his said Master 
 in all tilings ; and the said A. B. hereby binds and obliges himself well and 
 truly to teach the said E. F. the trade of a [here state the trade'] in the best
 
 A.D. 1854.] DEMERARA RAILWAY COMPANY. [No. 2. 
 
 265 
 
 manner that he can, and to pay to the said C. D., on behalf of the said E. F., 
 [or to the said h'. F.] weekly, duiiug the continuance of the apprenticeship, the 
 wages following-, that is to say [fierc set out the wayes agreed icpoii^. In witness 
 whereof the parlies hereto have hereunto signed their names at 
 the day of 1 
 
 (Signed.) 
 
 A. B. 
 C. D. 
 
 I certify that the foregoing Indenture of Apprenticeship was duly signed and 
 executed in duplicate before me. 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Assignment of Indenture. 
 
 This Indenture of Apprenticeship is hereby assigned for and during the re- 
 maining term thereof to G. H., of having his place of busiuess 
 at 
 
 Dated this day of 1 . 
 
 (Signed.) 
 
 A. B. 
 G. B. 
 G. U. 
 
 I certify that the foregoing Indenture of Apprenticeship was duly assigned 
 in duplicate before me. 
 
 (Signed.) 
 t Stipendiary Magistrate. 
 
 OliDINANCE No. 2 OF 1854. 
 
 An Ordinance to authorize a certain Deviation to be a.d. 1854. 
 made in the Line of Railway from Belfield to * 
 
 Mahaica. 
 
 [21st January, 1854.] 
 
 CTTHEREAS by the Demerara Railway Company's Ordinance, 1846, No. 2 of 1846. 
 T V it was, amongst other things, enacted that it should be lawful 
 for the said Company, and it was thereby empowered, to make 
 and maintain a Railway, with all the proper works and conveniences 
 connected therewith, for the passage on such Railway of carriages pro- 
 perly constructed, that is to say. commencing at such point in or near 
 the City of Georgetown as might appear convenient to the said Com- 
 pany and terminating at such point in or near Mahaica as might also 
 appear convenient to the said Company ; 
 
 And whereas in pursuance of the provisions of the Companies' 
 Clauses and Powers Consolidation Ordinance, 1846, certain plans and Nc I of 1846 
 sections of the said proposed Railway wei'e deposited in the Registrar's 
 Office of the Counties of Demerara and Essequebo, and the woi'ks of 
 the said Railway were carried on in accordance with the said plan 
 from the City of Georgetown to Plantation Belfidd ; 
 
 And whereas at a meeting of the proprietors of the said Company 
 held at the London Tavern on the 28th day of October, 1853, it wat 
 recommended by the report of the directors, which was adopted at the 
 meeting, that a certain lateral deviation should be made in the line of 
 the said Railway to be constructed between the Belfield Station and 
 Mahaica, and that the works should be forthwith commenced, provided 
 the Colonial Legislature should approve of the same ; 
 
 And whereas a certain plan or diagram of the said proposed deviation
 
 266 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1854. 
 
 has been duly deposited in the Registrar's Office of the Counties of 
 Demerara and Essequebo ; 
 
 And whereas it is expedient that the necessary powers should be 
 given to the said Company for the purposes of the propo&ed deviation 
 from the said former line : 
 
 Be it therefore enacted by the Lieutenant-Governor of British 
 Guiana, with the advice and consent of the Court of Policy thereof, as 
 follows : — 
 
 Short title. 
 
 Power to 
 make lateral 
 deviation in 
 line of Railway 
 from Belfield 
 to Mahaica. 
 
 Powers of 
 takino land, 
 &c., for 
 piu'poses of 
 deviation. 
 
 Application of 
 statutoi-y 
 provisions to 
 deviation. 
 
 Making of 
 siding for 
 accommodation 
 of certain 
 plantations. 
 
 Construction 
 of the 
 Ordinance. 
 
 1. This Ordinance may be cited as the Demerara Railway Company's 
 Ordinance, 1854. 
 
 2. It shall be lawful for the Demerara Railway Company, and it is 
 hereby empowered, to make a latei'al deviation from the line origin- 
 ally proposed and intended to be constructed, such lateral deviation 
 to be according to a certain plan or diagram made by the Sworn Land 
 Surveyor, James Shanks, bearing date the 19th day of December, 1853, 
 and duly deposited in the Registrar's Office of the Counties of Deme- 
 rara and Essequebo on the 20th day of December, 1853. 
 
 3. For the purposes of the said deviation, the said Company shall 
 have and exercise, and it is hereby invested with, all such necessary 
 powers and authorities, as to the caking of lands and otherwise, as it 
 might or could have exercised in the construction of the line as 
 originally proposed and intended to be constructed and as conferred 
 upon the said Company by the said Ordinances mentioned in the 
 preamble to this Ordinance; by Ordinance No. 16 of the Year 1847, 
 entitled "An Ordinance to extend the provisions of Ordinance No. 16 
 of the Year 1846, entitled ' An Ordinance to incorporate a Company, 
 to be called the Demerara Railway Company, and to authorize the said 
 Company to make and maintain a Railway in the Colony of British 
 Guiana from the City of Georgetown, the Capital of the said Colony, 
 to Mahaica, with Extensions and Branches, and for other purposes ; ' " 
 and by Ordinance No. 19 of the Year 1853, entitled " An Ordinance to 
 revive and continue certain clauses, powers, matters, and things 
 contained in Ordinance No. 16 of the Year 1846, to and in favour of 
 the Demerara Railway Company, which had expired." 
 
 4. The several provisions of the hereinbefore recited Ordinances shall, 
 in as far as necessary, apply and extend to, and shall govern, the making 
 and construction of the said line of Railway in the deviation from the 
 line originally proposed and intended to be constructed in the same 
 manner as they applied to and governed the said originally proposed 
 line. 
 
 5. The said Company shall, within six months after the commence- 
 ment of this Ordinance, make and maintain a siding or branch from 
 the main line, at a convenient point on the Dochfour estate, and 
 continue the same along the southern bank of the Mahaica Canal for a 
 space of two hundred roods from its junction with the main line, for 
 the accommodation of Plantations Ann's Grove, Three Friends, 
 Clonbrook, Beehive, Greenfield, Grove, Orange Nassau, and Unity. 
 
 6. For the purposes of the said deviation of the said line of Railway, 
 this Ordinance shall form part and parcel of the hereinbefore recited 
 Ordinances, and shall be construed together therewith as forming one 
 Ordinance.
 
 A.D. 1855.] 
 
 BERBICE FERRY. 
 
 [No. 1. 
 
 267 
 
 ORDINANCE No. 1 OF 1855. 
 
 An Ordinance to provide for the Management of the a. d. i85 5. 
 Ferry accross the Kiver Berljice. ordiname 
 
 n^ , T^ , ^ - -1 A^o. 9 0/1897, 
 
 [28th February, 18oo.] «-3(i) 
 
 incorporated. 
 
 BE it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Berbice Ferry Ordinance, Short title. 
 1855. 
 
 2. In this Ordinance, unless the context otherwise requires : — Interpretation 
 
 Every word impoi ting the singular number only shall be applied 
 
 to several persons, matters, or things ; 
 Every word importing the plural number shall be applied to one 
 
 person, matter or thing, as well as to several persons, matters, 
 
 or things : 
 The masculine gender shall be applied to a female as well as to a 
 
 male. 
 
 3. The Ferry over the River Berbice shall, subject to the provisions Charge of 
 hereinafter contained, be under the care and control of the Inspector Fen-y. 
 General of Police. 
 
 4. The Inspector General of Police shall take care that the stellings, Charge of 
 punts, boats, and craft of every description belonging to or used for ^tellings, boats, 
 the purposes of the Ferry are made of good and durable materials, and 
 
 of proper size and construction, and that they are kept in good working 
 order and condition ; and whenever any repairs thereof are required, 
 he shall report the same to the Colonial Civil Engineer, in order to 
 their being executed in due course. 
 
 5. — (1.) It shall be lawful for the Inspector General of Police, with Appointment 
 the approval of the Govei'nor, to appoint some fit and proper person to °* d"^'t""d 
 be Superintendent of the Ferry, and likewise to employ such boatmen boatmen, 
 as may be necessary for the service thereof, and not fewer than five 
 boatmen shall be employed for the conveyance of passengers, over and 
 above any number that may be required for the navigation of a punt 
 for the conveyance of carriages and cattle. 
 
 (2.) The Supei'intendent and boatmen shall receive such salaries 
 respectively as may from time to time be assigned to them by the 
 Governor, with the advice and consent of the Combined Court. 
 
 6.— (1.) Tolls shall and may be taken at the Ferrv, by or on behalf Rates of tolls, 
 of the Superintendent, at rates not exceeding the following, that is to 
 say,— 
 
 $ c. 
 
 Each Passenger 16 
 
 Each Four-wheeled Carriage 3 
 
 Each Two-wheeled do. 2 
 
 Each Horse or Mule 10 
 
 Each Bull, Cow, or Ox 1 50 
 
 Each Ass or Calf 64 
 
 Each Sheep, Goat, or Hog 2o 
 
 Each Trunk containing Merchandise, for every 14 lbs. . .08
 
 268 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1855. 
 
 (2.) Such rates may from time to time be reduced and alcere(] by 
 Proclamation to be published by the Grovernor-in-Couucil. 
 
 Time of 
 conveyance of 
 passengers. 
 
 Conveyance of 
 carriages, etc. 
 
 Payment 
 over of tolls 
 collected. 
 
 Wearing of 
 badge by 
 boatman. 
 
 Lists of tolls 
 and of names 
 of collectors to 
 be put np at 
 stellings. 
 
 Penalty on 
 Superintendent 
 or boatman 
 acting contrary 
 to the 
 Ordinance. 
 
 Prohibition of 
 conveyance 
 of passengers, 
 etc., across 
 River within 
 certain distance 
 of Ferry. 
 
 Kxetnptions 
 from ferriage. 
 
 Provision for 
 
 contracts for 
 lease of Ferry 
 
 7. Conveyance shall be provided for Passengers from each side of 
 the River three times in each day on week-days, and twice on Sundays, 
 at such hours as may from time to time be fixed by the Inspector 
 General of Police, and approved of by the Governor ; and at least one 
 week's public notice shall be given of any change of such hours. 
 
 8. Carriages, horses, and cattle or other animals shall be conveyed 
 across the River when practicable, and with all reasonable despatch. 
 
 9. The Superintendent shall pay over weekly to the Assistant Re- 
 ceiver General the amount of Tolls collected by him ; and shall at the 
 same time furnish an account containing a description of such tolls. 
 
 10. Every boatman engaged for the service of the Ferry shall, while 
 actually employed in the performance of his duties, wear a metal badge 
 with the words " Berbice Ferry " and his proper number legibly 
 engraved thereon. 
 
 11. The Superintendent shall cause to be suspended at some con- 
 spicuous 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 authorized to be collected, and the names of the 
 boatmen or other persons empowered by him to collect the same on his 
 behalf. 
 
 12. If the Superintendent omits to suspend a list of the tolls 
 authorized to be collected, or of the names of the persons authorized by 
 him to collect the same, or if he permits the same to become illegible, 
 or if he wilfully conceals or defaces the same, or if he or any person 
 authorized by him to collect the tolls demands or takes a greater toll 
 than is for the time being payable under the provisions of this 
 Ordinance, or if he or any boatman employed for the service of the 
 Fen-y wilfully subjects any passenger, carriage, horse, cattle, or other 
 animal to unreasonable delay or detention, then in every such case such 
 Superintendent, boatman, or other person shall be liable, on being con- 
 victed, to a penalty not exceeding twenty -four dollars. 
 
 13. If any person not being authorized to do so by any contract 
 now or hereafter existing with the Government of this colony or by 
 the Governor-in-Council or lawfully employed under the provisions of 
 this Ordinance conveys any passenger, animal, or vehicle, not being in 
 his service or his property, across the River within a distance of two 
 miles above or below the Ferry stellings, such person shall be liable, on 
 being convicted, to a penalty not exceeding twenty-four dollars. (Amd. 
 by 9 of 1897, s. 3 (1).) 
 
 14. The following shall be exempt from payment of ferriage under 
 the pi'ovisions of this Ordinance, that is to say, policemen and rural 
 constables on duty and prisoners under their charge, police horses, and 
 vehicles actually emploj'ed in the public service. 
 
 15. It shall be lawful for the Inspector General of Police, with 
 the approval of the Governor-in-Council, to enter into contracts from 
 time to time for the lease of the Ferry ; and during the term of
 
 A.D. 1855.] DEMERARA RAILWAY COMPANY. [No. 3. 269 
 
 such contract, all tolls collected at the Ferry shall be the property of 
 the contractor, and the contractor shall be considered the Superinten- 
 dent of the Ferry, and he and his servants shall be suljject and liable to 
 all the fines, penalties, and provisions oF this Ordinance. 
 
 16. All penalties incurred for breaches of this Oi'dioance shall be Procedure 
 
 sued for and recovered under and by virtue of the provisions of any **" appea . 
 
 Ordinances for the time being in force regulating procedure before See Ordinances 
 
 Stipendiary Magistrates in the exercise of their summary jurisdiction ^".^V^ ''^3*^^^ 
 
 and appeals from decisions of Stipendiary Magistrates. o/"l893. 
 
 OEDINANCE No. 3 OF 1855.^ 
 
 An Ordinance to make provision with respect to the a. d. 185 5. 
 Direction and Management of the Aft'airs of the Ordinance 
 Demerara Kailway Company, and the Place where incorporated. 
 the said Direction and Management are to be 
 carried on. 
 
 [24th November, 1855.] 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Demerara Railway Company's Short title. 
 Ordinance, 1855. 
 
 2. The general direction and management of the affairs of the Direction oif 
 Demerara Railway Company shall be vested in not less than five or penm-u-a 
 more than seven shareholders resident in England, and to be styled Railway 
 
 " The General Committee." Company. 
 
 3. It shall be lawful for a majority of the shareholders of the said Power for the 
 Company, bv resolution to be passed at a general meeting, from time Company to 
 
 •*■ ^ " Cl6tfnillllC T)lUCG 
 
 to time to appoint and determine at what place in the United Kingdom at which 
 
 the general direction and management of the affairs of the said Company direction to he 
 
 shall be carried on ; and thereupon every Ordinance now in force '^^^'^'^^°^ °"- 
 
 relative to the said Company in which the words " City of London," 
 
 "City of Westminster," "Liverpool," or "Town of Liverpool " occur 
 
 shall be read and construed as if the name of the city, town, or other 
 
 place for the time being so appointed and determined as aforesaid to 
 
 be the place for carrying on the general direction and n'anagement of 
 
 the affairs of the said Company had been inserted in such Ordinance 
 
 instead of the said words " City of London," "City of Westminster," 
 
 "Liverpool," or " Town of Liverpool" respectively. 
 
 ^ This Ordinance is amended by No. 8 of 1901, s. 12.
 
 270 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1855- 
 
 ORDINANCE No. 4 OF 1855. 
 
 A.D. 1855. 
 
 -_ — > — 
 Ordinances 
 No. 14 of 1891 
 and No. 13 of 
 1894, s. 3 (3)" 
 incorporated. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 An Ordinance for resulatin^r the Harbour of Georoetown 
 
 B 
 
 in the County of Deinerara. 
 
 [17th October, 1855.J 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Georgetown Harbour Regu- 
 lation Ordinance, 1855. 
 
 2. In this Ordinance, — 
 
 Words importing the singular number include the plural, and the 
 
 plural the singular : 
 Words importing the masculine gender include the feminine : 
 " Vessel " means and includes every kind and description of navi- 
 
 galole craft, whether propelled by sails, or by steam, or by both, 
 
 or without either : 
 " Master " means and includes every person in charge of a vessel. 
 
 Definition of 
 limits of 
 Harbour. 
 
 TJie Harbour. 
 
 3, — (1.) The limits of the Harbour of Georgetown shall be the fol- 
 lowing : — Between a line drawn in a north-westerly direction from the 
 north-west angle of Fort William Frederick to the extent of two miles, 
 thence due south until it strikes the land ; and another line drawn 
 across the River Demerara from the southern boundary of Plantation 
 La Penitence on the east bank to the southern boundary of Plantation 
 Klien Pouderoyen on the west bank of the said River. 
 
 (2.) The jurisdiction of the Harbour Master shall extend to high- 
 water mark on both banks of the River. 
 
 Appointment, 
 removal, and 
 salary of 
 Harl)our 
 Master. 
 
 Place of office 
 and general 
 duties of 
 the Harbour 
 Master. 
 
 Appointment 
 and salary of 
 
 Officers. 
 
 4. — (1.) The Governor shall appoint some fit and competent person 
 to be Harbour Master ; and he may also remove any person so 
 appointed, and appoint some proper person in the room of any person 
 so removed, or in the room of any Harbour Master dying, resigning, 
 or becoming incapable of performing the duties of his office. 
 
 (2.) Every person so appointed shall receive the salary assigned 
 to the office of Harbour Master by the Combined Court. 
 
 5. The Hai'bour Master shall have an office in such place as may be 
 appointed by the Governor ; he shall keep a correct journal of every- 
 thing occurring in his department ; he shall keep a good and sufficient 
 ])oat carrying a distinguishing flag by which she may be known at all 
 time3, and manned liy a proper crew, to enable him to perform his 
 duties ; and he shall visit the shipping at least once every day, and 
 take care that all vessels are properly moored or made fast to a 
 stelling. 
 
 6. — (1.) The Governor may from time to time appoint some fit and 
 proper person to be Deputy Harbour Master.
 
 271 
 
 A.D. 1855.] GEORGETOWN HARBOUR REGULATION. [T^o.^. 
 
 (2.) Every person so appointed shall receive such salary as may Deputy Har- 
 from time to time be assigned to him by the Combined Court. bour Muster. 
 
 7. — (I.) The Deputy Harbour Master shall perform such duties in Duties of the 
 relation to the Harlwur as may be assigned to him by the Grovernor, P^puty Har- 
 
 boi.ir Jjiiisif*!' 
 
 and in the performance of such duties he shall be subject to the general 
 control and direction of the Harbour Master. 
 
 (2.) Where by any Act of Parliament, Ordinance, rule, rejculation, 
 or by-law anything is to be or may be done by or to the Harbour 
 Master, such thing may be done by or to the Deputy Harbour Master. 
 
 Visitivij of Vessels. 
 
 8. Every vessel arriving from beyond the limits of the Colony shall Visiting of 
 be visited by the Harbour Master ; if arriving between sunset and yf^sels by 
 
 . . tiiG xltirbour 
 
 sunrise, at some time before seven o'clock on the succeeding morning ; Master. 
 or if arriving between sunrise and sunset, within two hours after she 
 brings to off Fore William Frederick. 
 
 9. — (1.) The Harbour Master shall give to the master of each vessel Harbour 
 
 so visited a printed copy of sections 15, 17, 18, 19, 20, 21, 25, 26, 27, JJ''' -^f ^f" °'''^ 
 
 28, 30, 31, 32, 34, 37, and 38, for the guidance of such master during certain sections 
 
 his stay in the Harbour. to masters 
 
 (2.) The Harbour Master shall at the same time direct the pilot °^ ^^*P^- 
 where to moor the vessel. (S. 8 (2), (3).) 
 
 10. Nothing in this Ordinance shall be construed to relieve the 
 Harbour Master from the duty of visiting vessels between sunset and 
 sunrise, if he is specially required, with the sanction or by order of the 
 Governor, to do so. (S. 9.) 
 
 11. — (1.) Every vessel, if arriving between sunset and sunrise from 
 a place beyond the limits of the Colony, whether or not she has pre- 
 viously entered the Port of Berbice, shall come to anchor, or, if arriving 
 between sunrise and sunset shall bring to, abreast of Fort William 
 Frederick, to await the visit of the Harbour Master. 
 
 (2.) The master of such vessel shall promptly answer all such 
 questions as may be put to him by the Harbour Master in the execution 
 of his duty. 
 
 (3.) Any master who refuses to answer such questions, or neglects 
 to anchor or bring to, as the case may be, abreast of Fort William 
 Frederick shall be liable to a penalty of not less than fifty dollars and 
 not exceeding five hundred dollars. 
 
 12. — (1.) The Harbour Master, under such limitations and condi- 
 tions as may be authorized by the Governor, shall prohibit all persons 
 from visiting any vessel arriving with immigrants imported at the 
 public expense, and from communicating in any manner whatsoever 
 with such immigrants, and shall prevent any immigrant from quitting 
 such vessel, until arrangements have been made by the Immigration 
 Agent General for the allotment and distribution of such immigrants. 
 
 (2.) Every person who commits a breach of the provisions of this 
 section shall, on being convicted thereof, be liable to a penalty not ex- 
 ceeding forty-eight dollars. 
 
 13. The Royal Mail Steamers shall, unless liable by law to the per- 
 formance of quarantine, be allowed to proceed at once to their usual 
 
 Visiting during 
 the night. 
 
 Anchoring of 
 vessel aniving 
 between sunset 
 and sunrise, 
 etc. 
 
 Duty of 
 Harbour 
 Master as to 
 vessel with 
 immigrants 
 
 Duty of 
 Harbour
 
 272 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1855. 
 
 Master as to 
 Royal Mail 
 Steamers. 
 
 Copies of 
 certain enact- 
 ments to be 
 given by 
 pilot to 
 shipmaster. 
 
 Mooring limits 
 for diiferent 
 classes of 
 vessels. 
 
 Marking and 
 mooring of 
 Colony craft. 
 
 Vessel 
 
 discharging or 
 loading at 
 public stelling. 
 
 Allowing vessel 
 to lie alongside 
 private stelling. 
 
 Kules as to 
 
 rig of vessels 
 in Harbour, etc. 
 
 anchorage, either by day or by night, without bringing to abreast of 
 Fort William Frederick, and the Harbour Master shall be bound to 
 visit them within half-an-hour after the anchor is down. 
 
 14. Every pilot, on taking charge of a mail steamer, shall give to 
 the master thereof a copy of section 13, and, on taking charge of any 
 other vessel, shall give to the master thereof a copy of section 11. 
 
 Mooring of Vessels, etc. 
 
 15. — (1.) Fore and aft rigged vessels, if under sixty tons, shall not 
 be moored less than forty fathoms from the nearest stelling or vessel 
 lying alongside a stelling, nor lie at single anchor without permission 
 from the Harbour Master ; and no vessel of larger tonnage shall be 
 moored nearer the shore than seventy-five fathoms from low-water 
 mark on the east bank of the River, nor lie at single anchor, without 
 permission from the Harbour Master ; nor shall any vessel, except a 
 vessel of war or a mail steamer, be moored in the River in front of that 
 part of Georgetown between the Market Slaughter-House and the 
 Colonial Bonded Warehouse. 
 
 (2.) If any vessel is moored contrary to the provisions of this sec- 
 tion, the master shall be liable to a penalty of forty-eight dollars ; and 
 if any such vessel is not removed within twenty-four hours after notice 
 to quit has been given to the master thereof by the Harbour Master, 
 such master shall be liable to a further penalty of twenty-four dollars 
 for every twenty-four hours that it may remain after such notice. 
 
 16. — (1.) The Harbour Master shall see that all Colony craft are 
 duly marked with the proper numbers according to their licences. 
 
 (2.) All Colony craft, if not alongside a stelling, must be moored 
 or anchored at least ten fathoms to the westward of any stelling or 
 vessel lying alongside a stelling. 
 
 (3.) Any master of such craft who moors his vessel improperly, or 
 refuses to remove when directed by the Harbour Master, shall be liable 
 to a penalty of not less than five dollars and not exceeding twenty- 
 four dollars. 
 
 17. Every vessel having to land or take in any part of its cargo at 
 a public stelling shall do so with boats or other small craft, which 
 must land or take their cargo without delay. 
 
 18. The Harbour Master may grant permission to any vessel, on 
 application being made for that purpose, to go alongside a private 
 stelling for the purpose of breaking bulk, or, in case of a steamer, for 
 coaling, providing the same can be done without injury or inconve- 
 nience to the public or to private persons. 
 
 19. — -(1.) Every vessel moored in the Harbour, or lying alongside 
 any stelling, shall have its lower yards topped up, and its flying-jib 
 booms, jil>booms, and spanker booms run in ; no vessel shall have an 
 out-rigger longer than twelve feet from the gunwale, or shall run an 
 anchor on shore, or shall have a rope made fast on shore or to another 
 vessel, except in case 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.D. 1855.] GEORGETOWN HARBOUR REGULATION. [No. 4. 
 
 a light shall Vie hoisted in any boat so placed, and kept burning from 
 sunset to sunrise. 
 
 (2.) Any master who is convicted of a breach of the provisions of 
 this section shall bo liable to a penalty of one hundred dollars. 
 
 20. — (1.) The Harbour Master is authorized to cause any vessel 
 alongside a stelling to move in any direction for the purpose of facili- 
 tating 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. 
 
 (2.) Any master of a vessel who refuses so to remove when ordered 
 by the Harbour Master shall be liable, in addition to any expense in- 
 curred by the Harbour Master in effecting such removal, to a penalty of 
 not less than twenty-four dollars and not exceeding forty-eiglit dollars. 
 
 21. Whenever any vessel leaves her moorings, it shall be the duty 
 of the owner of such moorings to cause them to be well buoyed pre- 
 viously to the departure of such vessel, or within twenty-four hours 
 thereafter, under a penalty of not less than ten dollars and not exceed- 
 ing twenty-four dollars. 
 
 Passenger Boats. 
 
 22. No boat shall be employed for the conveyance of passengers or 
 their luggage to or from any vessel, unless such boat belongs to some 
 vessel other than Colony craft, or unless such boat is licensed and 
 registered as hereinafter provided. 
 
 23. — (1.) Tf any person who has taken out a licence for any boat is 
 desirous of employing the same for the conveyance of passengers or 
 luggage to or from any vessel, he sIihII have such licence registered by 
 the Harbour Master in a book to be kept by him for that purpose, and 
 the Harbour Master shall endorse upon such licence the date of regis- 
 tration and the number in his register, and no such registration shall 
 have any force or effect after the expiration of the term for which the 
 licence itself has to run. 
 
 (2.) No fee shall be charged, taken, or received for such registra- 
 tion and endorsation. 
 
 (3.) The Harbour Master shall not be compelled to register any 
 boat which, in his judgment, is insufficient or unsafe for the purpose of 
 plying for the conveyance of passengers and luggage. 
 
 (4.) Once in every six months the names of the owners of all boats 
 registered under the provisions of this Ordinance, with the respective 
 numbers of such boats according to licence and register, shall be pub- 
 lished in The Official Gazette. 
 
 24. — (1.) If any boat not belonging to some vessel other than Colony 
 craft is employed for the conveyance of passengers or luggage to or 
 from vessels without being registered as aforesaid, or if any person 
 employed on board any such boat is guilty of any breach of the peace, 
 of any violent or disorderly conduct, of using any obscene, abusive, or 
 profane language, or of refusing to leave any vessel when ordered to 
 do so by the master thereof, or if any person plies as aforesaid with a 
 boat in a dirty state, or not properly fitted up for the conveyance of 
 passengers, or not in good repair, or insufficiently or improperly manned, 
 or if such person refuses to convey passengers or luggage when required, 
 or to place in and remove from his boat any passenger's luggage, or by 
 
 273 
 
 Power to the 
 Harbour 
 Master to order 
 vessel to 
 move when 
 necessary. 
 
 Buoying of 
 moorings on 
 vessel leavuig. 
 
 Regulations 
 for passenger 
 boats. 
 
 Registration 
 of passenger 
 boats. 
 
 Penalty in 
 respect of 
 boat illegally 
 plying, or of 
 misconduct 
 of person 
 employed 
 in such boat.
 
 274 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1855. 
 
 negligence injures, destroys, or loses any property entrusted to him for 
 conveyance, or disobeys any order given by the Harbour Master in the 
 execution of his duty, then and in every such case the person so 
 offending shall be liable, on being convicted, to a penalty not exceeding 
 twenty-four dollars, in addition to the value of any property injured, 
 lost, or destroyed as aforesaid. 
 
 (2.) Any person so offending may be arrested, with or without 
 warrant, by any police officer or constable and conveyed to the nearest 
 Police Station until dealt with in due course of law. 
 
 Penalty in 
 respect of 
 refusing to 
 quit stellLng. 
 
 25. If any boat or other craft employed to land or take in any cargo, 
 passengers, or luggage at a public stelling does not quit the stelling 
 when discharged or loaded, the person holding the licence for such boat 
 or craft, or the master of the vessel to which the same may belong, as 
 the case may be, shall be liable to a penalty not exceeding five dollars. 
 
 Penalty for 
 hauling vessel 
 on shore with- 
 out permission. 
 
 Preparation of 
 pitch, tar, etc., 
 for vessel. 
 
 Regulations 
 as to vessels on 
 fire or in other 
 distress. 
 
 Providing of 
 punt, etc., 
 with proper 
 grapnels and 
 chains. 
 
 Miscellaneous Provisions. 
 
 26. If Hny vessel is hauled on shore without the permission of the 
 Harbour Master, the master or owner thereof shall be liable to a penalty 
 of twenty-four dollars, and a further penalty of ten dollars for every 
 period of twelve hoars during which such vessel remains after notice 
 given by the Harbour Master to remove her. 
 
 27. — (1.) Any pitch, tar, or other combustible 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 ten fathoms from the nearest 
 vessel or stelling. 
 
 (2.) No light shall be used on board any vessel when drawing off, 
 starting, coopering, or removing spirits. 
 
 (3.) The master of any vessel in respect of which a breach of any 
 of the provisions of this section may be committed shall be liable for 
 each offence to a penalty of one hundred dollars. 
 
 28. — (1.) If any vessel takes fire whilst at anchor, or is otherwise 
 in distress, it shall be the duty of the master thereof to make a signal 
 of alarm, and, on such 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 imme- 
 diately use his best endeavours to get into the stream and to leeward 
 of all other vessels. 
 
 (2.) The Harbour Master shall take charge of such 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 the aid and assistance of the pilots and River Police in 
 carrying out his orders for that purpose. 
 
 (3.) Any master of a vessel who refuses or neglects, without 
 reasonable excuse, to obey the provisions of this section shall, on being 
 convicted, be liable to be fined not less than twenty-four dollars and 
 not more than forty-eight dollars. 
 
 29. — (1.) Every punt and craft shall be provided with a good iron 
 grapnel and chain or cable of sufficient weight and strength, according 
 to the size of the vessel ; a,nd no punt or craft shall be allowed to make
 
 A.D. 1855.] GEORGETO \VN HARBOUR REGULATION. [No. 4. 
 
 fast to a public stelling between sunset and sunrise without permission 
 of the Harbour Master. 
 
 (2.) For any bread i of the provisions of this section, the owner of 
 such punt or craft shall be liable to a penalty of not less than five 
 dollars and not exceeding twenty-four dollars. 
 
 30. — (1.) If a vessel is sunk, the Harbour Master shall, within 
 twelve hours after the occurrence, give notice to the master, owiier, or 
 consignee of such vessel to remove the same; and, in default of com- 
 pliance within twenty-four 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. 
 
 (2.) 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 abandoned 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 Harbour Master of such occurrence within twelve 
 hours, under a penalty of not less than ten dollars and not exceeding 
 twenty-four dollars. 
 
 31. For the redress of injury sustained by any vessel, by the negli- 
 gence or misconduct of the master of any other vessel where the 
 amount of damages claimed does not exceed forty-eight dollax's, juris- 
 diction shall be vested in the Police Magistrate and one other Magis- 
 trate, who are hereby authorized to associate with themselves the Har- 
 bour Master and a member of the Committee of Pilotage for advice in 
 case of conflicting testimony on any technical point, and the decision 
 of such Magistrates shall be final. 
 
 32. Any person who finds a boat or other craft or any package 
 adrift, or picks up an anchor or cable, not buoyed, shall forthwith de- 
 Uver the same to the Harbour Master, and, in default of so doing, shall 
 be liable to a penalty of not less than five dollars and not exceeding 
 forty eight dollars. 
 
 33. — (1.) On receiving from any person any boat, craft, package, 
 anchor, or cable mentioned in the preceding section, the Harbour Mas- 
 ter shall forthwith advertise the same, giving notice that, if not claimed 
 within ten clear days from the date of the publication of such adver- 
 tisement, the same will be sold by public auction on a day to be named 
 by the Harbour Master ; and, on the sale being effected, the Harbour 
 Master shall, before paying over tlie proceeds for the public use of the 
 Colony, deduct thereout all expenses necessarily incurred. 
 
 (2.) In the event of any such article being claimed, and right 
 thereto established, to the satisfaction of the Harbour Master, before 
 the expiration of the ten days mentioned in the advertisement, he shall 
 deliver such article to the owner thereof, on payment by him of the 
 expenses actu;dly incurred, and of a salvage not exceeding one-thii'd 
 of the appraised value, after deduction of expenses, to be determined 
 by the Harbour Master. 
 
 34. If any timber or other article which may cause obstruction is 
 dropped alongside or in front of any public stelling, such timber or 
 other article may be seized, and on complaint preferred by the Harbour 
 
 VOL. I. 19 
 
 275 
 
 Provision as to 
 sunken vessel. 
 
 Jurisdiction 
 in respect of 
 injury by one 
 vessel to 
 another not 
 exceeding $48. 
 See No. lO 0/ 
 1893, s. 68. 
 
 Dealing with 
 boat adrift, etc. 
 
 Mode of 
 dealing with 
 article found 
 adrift. 
 
 Obstruction of 
 public stelling 
 by timber, etc.
 
 276 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1855. 
 
 Sec No. 10 of 
 1893, s. m. 
 
 Tlirowiiig 
 overboard 
 ballast, carcass, 
 or other 
 injurious 
 matter. 
 
 Illegal 
 
 extension of 
 stalling. 
 
 lUegaUy 
 carrj'ing away 
 soil from Led 
 or banks of 
 Harbour. 
 
 See No. 10 of 
 1893, s. 68. 
 
 Refusal or 
 neglect of 
 shipmaster to 
 comply with 
 the Ordinance. 
 
 Power to the 
 Harbour 
 Master to do 
 any act not 
 done by 
 shipmaster. 
 
 Mode of sale 
 of property 
 found or seized. 
 
 Procedure 
 and appeal. 
 
 *S'ee Ordinance 
 No. 12 0/1893. 
 
 See Ordininee 
 No. 13 of 1893. 
 
 Master before the Police Magistrate, shall be forfeited and sold ; and 
 the owner of the vessel from which such timber or other article was 
 dropped, or the owner of such timber or other article, shall, on beinj^ 
 convicted, be liable to a fine not exceeding twenty-four dollars for each 
 offence. 
 
 35. — (1.) If any ballast, or the carcass of any dead animal, or any 
 other matter or thing injurious to health is thrown overboard from 
 any vessel, the master thereof shall, on being convicted, be liable to a 
 penalty of one hundred dollars. 
 
 (2.) Any such ballast, carcass, or other matter or thing required 
 to be removed from any vessel shall be so removed and shall be dis- 
 posed of as may be directed or sanctioned by the Harbour Master. 
 
 36. — -(I.) The Harbour Master shall take notice of any encroach- 
 ment on the bed 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. 
 
 (2.) Every person who extends a stelling beyond such limit with- 
 out the licence in writing of the Governor shall, on being convicted, be 
 liable to a penalty of one hundred dollars and to all expenses incurred 
 by the Harbour Master in removing such extension. 
 
 37. Every person who digs, takes, or carries away for any purpose 
 whatever any caddy, shell, or other soil from the bed or banks of the 
 Harbour below high-water mark without the licence in writing of the 
 Governor shall, on being convicted befoi^e the Police Magistrate, be 
 liable to a fine of not less than twenty-four dollars and not exceeding 
 forty-eight dollars, and the punt, boat, or other craft employed in re- 
 ceiving such caddy, shell, or other soil shall be seized, and, if the Police 
 Magistrate thinks fit, he may adjudge such punt, boat, or craft to be 
 forfeited and sold, and the pi'oceeds of such sale shall, after payment of 
 all expenses, be for the public use of the Colony. 
 
 38. In case of refusal or neglect on the part of any master of a 
 vessel to comply with the provisions of this Ordinance, he shall be 
 liable, on being convicted, in any case for which no penalty is specially 
 provided, to a fine of not less than len dollars and not exceeding 
 twenty- four dollars. 
 
 39. In any case where the master of a vessel is required by this 
 Ordinance to do any act, and such master refuses or neglects to do 
 such act, the Harbour Master is hereby authorized to have such act 
 df)ne, and any expense attending the same shall be recovered from such 
 master, in addition to, and in the same manner as, any penalty which 
 may be awarded against such master. 
 
 40. In all cases where any sale of property found or seized is 
 authorized by this Ordinance, such sale shall be by public competition. 
 
 41. All fines, penalties, and forfeitures incurred under this Ordin- 
 ance may be complained for and recovered by the Harbour Master 
 under the provisions of any Ordinance for the time being in force 
 regulating procedure before Stipendiary Magistrates in the exercise of 
 their summary jurisdiction, -and the proceedings shall be subject to 
 the appeal provided by any Ordinance for the time bein<; in force 
 regulating apj)eals from the decisions of Stipendiary Magistrates.
 
 A.D. 1856.] PRESCRIPTION. [No. 1. 277 
 
 ORDINANCE No. 1 OF 1856. 
 
 An Ordinance to alter and aineiid the Laws relating to a. d.iss b. 
 the Prescription of certain Actions and Claims. * 
 
 [24th September, 1856.] 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Prescription Ordinance, Short title. 
 1856. ^ 
 
 2. In this Ordinance, the word " writing " means any document Interpretation 
 wholly written, or wholly printed, or partly written and partly o^t^rm. 
 printed. 
 
 3. Every action and suit upon any bill of exchange, promissory note. Action on bill 
 or other writing not relating to lands or immovable property or the °\ exchange, 
 produce or usufruct thereof, shall be brought within six years from the 
 
 time at which the amount claimed in respect of such bill, note, or other 
 writing has become due. 
 
 4. Every action and suit by any ward against his guardian shall be Action by 
 
 brought within six years next after the time when such ward has ward agamst 
 
 ,, • , . . -^ guardian. 
 
 attained majority. 
 
 5. Every action and suit against any executor, attorney, or agent, Action against 
 to render accounts, shall be brought within four years next after the executor, etc. 
 time when such executor, attorney, or agent has ceased to act in such 
 capacity. 
 
 6. Every action and suit for any movable property, or upon any Action for 
 contract, bargain, or agreement relating to movable property, or to '^\°^'^^'; 
 recover money lent without written acknowledgment or upon any 1' ^ ^' 
 account or book debt, or to recover any salary or the value of any goods 
 
 sold and delivered, shall be brought within three years next after the 
 cause of action or suit has arisen. 
 
 7. Every action and suit for the wages of labourers, artisans, or Action for 
 servants shall be brought within one year next after the time when ^^f^^''- 
 such wages have become due. 
 
 8. Every action and suit for any illegal or excessive levy, injury to Action for 
 property, whether movable or immovable, assault, battery, wound- fgxc'^yt^for libel 
 ing, or false imprisonment, and every other action or suit in which and slandei). 
 damages may be recovered (save and except for libel or slander) shall 
 
 be brought within three years next after the cause of action or suit 
 has arisen. 
 
 9. Every action and suit for any libel or slander shall be brought Action for 
 within one year next after tlie publication of the said libel or the lil^el or slander, 
 words spoken. 
 
 10. No term of prescription provided by this Ordinance may be Waiver or 
 waived, or the right of action or suit continued for any further period continuance of 
 whether there has been any part-payment or not, unless such waiver prescription. 
 
 VOL. I. 19a
 
 278 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1856. 
 
 or continuance is in writing, signed by the party to be bound thereby ; 
 and no such waiver or continuance shall at any one period exceed the 
 original term of prescription, or Ije liable to stamp duty, but such 
 waiver or continuance may ha renewed from time to time. 
 
 Eight of heir, 
 etc., to bring 
 action in case 
 of person 
 entitled dying. 
 
 Liability of 
 heir, etc., to 
 be sued in 
 case of person 
 liable to 
 action dying. 
 
 Prescription 
 not to run in 
 certain cases 
 of absence, or 
 disability from 
 minority, 
 coverture, 
 usanity, etc. 
 
 11. If a person entitled to bring any action or suit mentioned in 
 this Ordinance dies before the expiration of the term of prescription, 
 and if the caut^e of .such action or suit survives, his heir, executor, or 
 administrator may bring such action or suit after the expiration of the 
 said term, provided he does so within one year from the death of such 
 person. 
 
 12. If a person against whom any such action or suit may be 
 brought dies before the expiration of the term of prescription, and 
 if the cause of such action or suit survives, the same may be brought 
 against his heir, executor, or administrator after the expiration of the 
 said term, provided that such action or suit is brought within one 
 year from the death of such person. 
 
 13. With respect to the terms of prescription provided by this Or- 
 dinance for actions or suits, if, at the time of the right of action or 
 suit accruing, the defendant is absent without ever having been in the 
 Colony, or without ever having had an attorney or agent to represent 
 him therein, or if, by reason of the minority, or coverture, or insanity 
 of the plaintiff or of the defendant, or if, by reason of any Ordinance 
 in force in this Colony forbidding actions or suits under certain cir- 
 cumstances, either party is disabled from bringing or defending such 
 action or suit, the period of prescription of such action or suit shall 
 begin to run in every such case from the time when such absence 
 from the Colony or such disability has ceased. 
 
 14. When such absence or disability has ceased, and the term of 
 prescription has thereupon commenced to run, no new absence or 
 other disability shall be allowed to prevent such prescription from 
 being completed. 
 
 15. In case any action or suit hereinbefore specified is brought 
 within the term of prescription in that behalf limited, and a .sentence 
 absolving the defendant of the instance is pronounced therein, the 
 period during which such action or suit may be pending shall not be 
 reckoned as forming part of such term of prescription. 
 
 16. This Ordinance shall be deemed and taken to apply to the case 
 of any debt or sum of money founded on any cause of action or suit 
 hereinbefore mentioned alleged by way of set-off on the part of any 
 defendant, in all cases wherein such set-off can be legally pleaded ; 
 and the woids " action" and "suit" respectisely used in this Ordin- 
 ance shall include every claim in reconvention for or in respect of any 
 of the causes of action or suit hereinbefore mentioned. 
 
 Non-applica- 17. Nothing in this Ordinance shall in any way affect the rights of 
 
 tionof the ^jjg Qrown or apply or extend to any right, title, or interest in or to 
 
 certain matters lu-nds or immovable property, or to any servitude or easement, or to 
 and things any mortgage, whether written, tacit, or legal, or to any Act of Ver- 
 
 specified. weezing, or to any definite sentence, or to any bond, bill, note, or other 
 
 evidence of debt issued hy any bank corporation, or l)y or on behalf 
 of the Colony, or to any claim now or hereafter to be filed against the 
 
 Rmming of 
 prescription 
 when begun. 
 
 Effect of 
 
 sentence 
 
 of absolution 
 
 of instance 
 
 on temi of 
 
 prescription. 
 
 Application of 
 the Ordinance 
 to set-off and 
 claim in 
 reconvention.
 
 A.D. 1857.] 
 
 DISPENSARIES. 
 
 [No. 2. 
 
 279 
 
 proceeds of any estate in the Registry of the Supreme Court, or to 
 any balance of any closed estate, or to any unclaimed dividend, now 
 or hereafter to bo deposited in the Colony Chest. 
 
 OKDINANCE No. 2 OF 1857. 
 
 An Oedinance for establishing Dispensaries and pro- a. d.i85 7. 
 viding Medical Attendance m this Colony. 
 
 [22nd July, 1857.] 
 
 WHEREAS it is necessary to make provision for establishing 
 dispensaries, and likewise for affording medical assistance as 
 far as practicable to the inhabitants of this Colony : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Dispeosaries Ordinance, 1857. short title. 
 
 2. — (1.) It shall be lawful for the Governor-in-Council, from time to Power to 
 time, to establish a dispensary in any place, and the Governor may estabUsh 
 appoint some fit and proper person to the charge thereof. ispensar 
 
 (2.) Notice of the establishment of any such dispensary, and of 
 the name of the person so appointed and of the place at which such 
 dispensar}' is to be kept, shall be published in The Official Gazette and 
 in one other newspaper, and be generally made known in the neigh- 
 bourhood thereof. 
 
 3. — (1.) No person, other than one already duly licensed as a chemist Qualification 
 and druggist, shall be appointed to the charge of any such dispensary °^ dispenser, 
 until he has been examined by the Surgeon General, assisted by such 
 other medical practitioner and such known dispenser of medicines as 
 he may associate with himselt for that purpose, nor until such person 
 has obtained from them a certificate that he is possessed of sufficient 
 knowledge and attainments to be entrusted, without danger, with the 
 custody and issue of medicines. 
 
 (2.) It shall be lawful for the Governor, if it appears necessary to 
 do so, to remove any person so appointed, and to appoint another pei'- 
 son in his place. 
 
 4. It shall l)e lawful for the Governor-in-Council to make agreements Making of 
 with duly qualified medical practitioners for professional attendance at agreements 
 any dispensary which may be established under this Ordinance, and to pi-actitioners. 
 pay to evex'y such medical practitioner such I'emuneration as may be 
 
 fixed by any such agreement. 
 
 5. Every person appointed to the charge of any such dispensary Dispensing of 
 shall issue medicin(!s free of cost, upon the order of the medical prac- medicines, 
 titioner assigned by the Governor to attend thereat ; and all such 
 
 orders shall be duly signed by such medical practitioner. 
 
 6. The Governor-in-Council may make special arrangements for the Making of 
 management of a dispensary in any place in which it may be desirable special
 
 '280 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1857. 
 
 aiTangements to establish the same, but at which it may be impracticable to obtain 
 in^certahrcases^ ^^^ attendance of a duly qualified medical practitioner. 
 
 Defraying of 7. All charges which may be incurred for carrying out any of the 
 
 expenses. provisions of this Ordinance shall be paid out of such sums as may be 
 
 granted by the Combined Court. 
 
 A.D. 1858. 
 — ♦-^— 
 
 See Ordinance 
 No. 7 of 1893 
 s. 35. 
 
 Short title. 
 
 Repeal of laws 
 against iism-y. 
 
 Legal rate of 
 interest in 
 existing 
 contracts. 
 
 Rate of 
 interest where 
 no rate fixed. 
 
 OKDINANCE No. 1 OF 1858. 
 
 An Ordinance to repeal the Laws relating to Usury. 
 
 [6th January, 1858.] 
 
 BE it enacted by the Lieutenant-Governor of British Guiana, with 
 the advice and consent of the Court of Policy thereof, as 
 follows : — 
 
 1. This Ordinance may be cited as the Usury (Repeal of Laws) 
 Ordinance, 1858. 
 
 2. All laws now existing in this Colony against usury are hereby 
 repealed. 
 
 3. Where interest is now payable upon any contract expressed or 
 implied, for payment of the legal or current rate of interest, or where 
 upon any debt or sum of money interest is now payable by any rule 
 of law, the same rate of interest shall be recoverable as if this 
 Ordinance had not been passed. 
 
 4. In all proceedings befoi'e any Court of Justice founded upon 
 contract in which no rate of interest is specifically named, the Court 
 shall award interest, if it so thinks fit, at the rate of six per cent, 
 per annum and no more. 
 
 A.D. 1858. 
 
 ORDINANCE No. 2 OF 1858. 
 
 An Ordinance for transferring to Her Majesty's 
 Principal Secretary of State for the War Depart- 
 ment certain Powers and Estates in this Colony. 
 
 [18th December, 1858.] 
 
 WHEREAS by an Act of the Session of Parliament holden in 
 the. 18th and 19th years of Her present Majesty, chapter 117, 
 all the powers and estates which had been theretofore vested in, 
 or exercised or exercisable by, the principal otHcers of Her Majesty's 
 Ordnance, or any of them, throughout the United Kingdom were 
 transferred to and vested in Her Majesty's Principal Secretary of State 
 for the War Department ; 
 
 And whereas it is expedient that the said powers and estates which 
 are by the said Act of Parliament in the United Kingdom vested in 
 the said Secretary of State should in this Colony be by local enact- 
 ment transferred to and vested in such Secretary of State :
 
 A.D. 1859.] APPOINTMENTS TO PUBLIC OFFICES. [No. 1. 281 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may ]je cited as the War Department (Vesting Short title, 
 of Lands) Ordinance, 1858. 
 
 2. tier Majesty's Principal Secretary of State for the time beinj^ to Vesting of 
 whom Her iMajesty may think fit to entrust the Seals of the War etfl'ln tir*""' 
 Department, and his successors in office, shall have, possess, exercise, and Hecretary of 
 enjoy in this Colony all and singular the powers, estates, privileges, ''^^■^^^ ^"r War. 
 authorities, rights, and immunities whatsoever which have been at any 
 
 time before the commencement of this Ordinance vested in or exercised 
 by the prmcipal officers of Her Majesty's Ordnance, or any of them, 
 in this Colony. 
 
 3. All lands, buildings, and property whatever in this Colony which, Vesting of 
 before the taking effect of the said recited Act, were vested in the ijindTin the 
 principal officers of Her Majesty's Ordnance, or any of them, on behalf Colony in the 
 of Her Majesty, or which have been at any time before the commence- uf"^*i''\y^ 
 ment of this Ordinance held, used, or occupied, or purchased, vested, or 
 
 taken by or in the name of, or by any person or persons in trust for, Her 
 Majesty for the use and service of the said Department, and v/hich have 
 not been sold, aliened, or parted with^ shall from henceforth be, and the 
 same are hereby declared to be, transferred to and vested in the last- 
 mentioned Principal Secretar}'^ of State for the time being on behalf of 
 Her Majesty ; and when and so often as the said last-mentioned 
 Principal Secretary of State, and any succeeding Principal Secretary of 
 State to whom Her Majesty may have entrusted the Seals of the War 
 Department, ceases to hold such office, the said several lands, buildings, 
 and property, and all lands, buildings, and property in this Colony 
 which hereafter may be purchased or otherwise acquired by any such 
 last-mentioned Principal Secretary of State for the time being on 
 behalf of Her Majesty, shall, by virtue of this Ordinance, be absolutely 
 divested out of such Secretary of State so ceasing to hold such office 
 as aforesaid and shall, by virtue of this Ordinance, be transferred to 
 and vested in his successor in the said office immediately upon his 
 receiving tlie Seals of the said Department absolutely, according to the 
 nature and tenure thereof respectively. 
 
 ORDINANCE No. 1 OF 1859. 
 
 An Ordinance to regulate Appointments to Public a.d. i859. 
 Offices in this Colony. * 
 
 [24tli August, 1859.] 
 
 WHEREAS it is expedient to remove doubts and to establish 
 uniformity iji respect of the mode of making appointmeuts to 
 Public Offices in this Colony : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as foUow^s : — 
 
 1 . This Ordinance may be cited as the Public Offices (Appointments) Short title. 
 Ordinance. 1859.
 
 282 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1859. 
 
 Appointments 
 to public offices 
 vested in the 
 Governor to 
 be subject to 
 His Majesty's 
 approval. 
 
 Provision for 
 acting 
 
 appointments 
 to public offices. 
 
 2. In any case in which, by any law or Ordinance now in force in 
 this Colony, the appointment to any public office is vested in the 
 Governor thereof for the time being, such appointment shall be taken 
 to be and shall be made for and in the name, and subject to the 
 approval, of His Majesty, 
 
 3. In case of the Governor, in the absence or incapacity of any 
 person holding any public office, appointing any person to act in such 
 office during such absence or incapacity, such person so appointed shall, 
 during his tenure of the office, have and exercise all the powers, 
 authorities, rights, and privileges, and perform all the duties appertain- 
 ing to the same, and all acts, matters, and things done and performed 
 by such person during such temporary tenure shall be as legal and valid 
 as if done and performed by an officer entitled to hold such office 
 permanently. 
 
 ORDINANCE No. 2 OF 1859. 
 
 A. D. 185 9. An Ordinance to vest in Her Majesty certain Parcels 
 * of Land in that j^art of Georgetown called North 
 
 Cumingsburg, East Ward, for the Establishment of 
 a Public Lunatic Asylum. 
 
 [•28th September, 1859.1 
 
 WHEREAS the present accommodation for lunatics having 
 become quite insufficient for the requirements of the Colony, 
 it was, on the 11th day of July, 1859, resolved by the 
 Governor and Court of Policy that a Public Lunatic Asylum should 
 be established in that part of Georgetown called North Cumingsburg, 
 East Ward, on the lots or parcels of land hereinafter more particularly 
 described, the same being the most eligible site for that purpose ; 
 
 And whereas it is expedient that the said lots or parcels of land, 
 with all the buildings and erections thereon, should be forthwith 
 vested in Her Majesty for the public use of the Colony : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, ass f(^llows : — 
 
 Vesting of 1 . The several lots and portions of lots of land mentioned in the 
 
 and Uiildhfi Schedule to this Ordinance, with all the buildings and erections thereon, 
 
 in Her Majesty, shall be and the same are hereby absolutely vested in Her Majesty for 
 
 Schedule. the public use of the Colony. 
 
 Section 1. 
 
 SCHEDULE. 
 Table of Lands Vested. 
 
 Nob. of Lots. 
 
 District. 
 
 Nordi i Lot No. 281 
 
 South i Lot No. 284 and Lot No. 285 . 
 
 North i Lot No. 286 
 
 South i Lot No. 286 
 
 West i Lot No. 287 
 
 ■•Sast i Lot No. 287 
 
 North Cumingsburg, East Ward. 
 Do. 
 Do. 
 Do. 
 . Do. 
 Do.
 
 A.D. 1861.] .MISCELLANEOUS LICENCES. 
 
 [No. 2. 
 
 283 
 
 OKDINANCE No. 2 OF 18G1. 
 
 B 
 
 An Ordinance to consolidate and amend the Laws 
 relating to Licences other than for the Sale of 
 Si:>irituous Licjuors. 
 
 [17th July, 1861.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Miscellaneous Licences 
 OnUnance, 1861. 
 
 2. In this Ordinance, — 
 
 " Colony Craft " extends and applies to any Colony schooner, sloop, 
 vessel, boat, bateau, punt, corial, or craft : 
 
 " Firearm " extends and applies to any fowling-piece, rifle, or other 
 gun, or to any pistol : 
 
 "Goods, wares, or merchandise " includes charcoal, provisions, or 
 refreshments, or anything, other than wine, malt liquor, or 
 sprituous liquor, for the sale of which a licence is or may be 
 required by law : 
 
 " Commissary of Taxation " extends, applies to, and includes any 
 Revenue Officer of rivers, creeks, crown lands, and forests, who 
 is hereby invested with all and singular the jurisdiction, power, 
 and authority of a Commissary of Taxation under this Ordinance. 
 
 3. This Ordinance shall not apply to licences for the sale of wine 
 malt liquor, or spirituous liquor. 
 
 Issue of Licences. 
 
 4. Every hcence required to be taken out under or by virtue of the 
 provisions of any Ordinance for the raising of Colonial Taxes shall be 
 in conformity with the provisions of the Tax Ordinance, under which 
 the same may be issued. 
 
 5. Until the term for which any such licence is taken out has expired, 
 no second licence in respect of the same business or trade shall be issued. 
 
 6. — (1.) On proof, to the satisfaction of the Receiver General, that any 
 licence has been lost, the Receiver General may authorize the issue of 
 a copy thereof, and of the transfers endorsed thereon, on payment of a 
 fee of fifty cents. 
 
 (2.) Every such fee shall be paid into the Colony Chest. 
 
 7. In any proceeding in any Court, the fact that a licence of any 
 description has been issued to any person may be established by the 
 production — 
 
 (1.) Of an extract, certified by the Receiver General, from the books 
 of the Treasury Department, of the entry recording the issue of 
 such licence, and 
 
 (2.) Of proof that such person and the person named in such entry 
 are one and the same. 
 
 8. Every Commissary of Taxation, when issuing a licence to keep a 
 dog, shall, with such licence, give to the person taking out the same a 
 collar or label, and such collar or label shall be in accordance with such 
 
 A.D. 1861. 
 
 - — ♦ — 
 Onliiuinces 
 No. 7 of 1875, 
 No. 8 of 1880, 
 No. 5 of 1H85, 
 No. 2 of 1899, 
 No. 28 of 1902 
 s. 2, 
 
 No. 26 of 1903 
 s. 18 and 
 No. 6 of 1904, 
 s. 2, 
 incorporated. 
 
 Short title. 
 
 Interi)retuti(jn 
 of teiTus. 
 
 Application of 
 the Ordinance. 
 
 Licences to he 
 in confonnity 
 with Tax 
 Ordinance. 
 
 Prohihition of 
 
 concurrent 
 
 licences. 
 
 Copy of lost 
 licence. 
 
 Proof of issne 
 of licence. 
 
 Giving of 
 collar or label 
 with licence to 
 keep dog.
 
 284 
 
 No. 2.] THE LA WS OF BRITISH GUIANA .- [A.D. 1861. 
 
 Eeturn of 
 collar or label. 
 
 Power to 
 destroy dog 
 not liavinc; 
 collar or label. 
 
 Counterfeiting 
 collar or label. 
 
 Penalty on 
 person liable 
 to take out 
 licence not 
 doing so. 
 
 Eight to 
 transfer licence 
 on certain 
 conditions. 
 
 pattern as may from time to time be approved of by the Receiver 
 General. 
 
 9. Every person, before be shall be entitled to take out a fresh licence 
 to keep a dog, shall return to the Commissary of Taxation 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 Year. 
 
 10. Every dog found in any place other than private premises with- 
 out having round his neck a collar or label issued by a Commissary of 
 Taxation for the then current Financial Year may be destroyed by any 
 officer of police, town constable, or rural constable. 
 
 1 1 . Any person counterfeiting any such collar or label shall be guilty 
 of a misdemeanor, and, being convicted thereof, shall be liable to im- 
 prisonment, with or without hard labour, for any term not exceeding 
 one year. 
 
 12. — (1.) Every person who fails or neglects, without lawful excuse, 
 to take out any licence required to be taken out by him under the pro- 
 visions of any Ordinance for the raising of Colonial Taxes shall be 
 guilty of an offence, and, being convicted thereof, shall pay for each 
 such offence a sum of not less than two dollars and not exceeding forty- 
 eight dollars, and shall in addition, with all costs, if he has not at the 
 time of conviction taken out a licence, pay the sum following, that is 
 to say, — 
 
 (a.) Where the licence is one that can be obtained for the whole 
 of the Financial Year, the sum required by the said Ordinance 
 to be paid for the licence for the whole year ; or 
 
 (6.) Where the licence is one that is issued for a particular act 
 or occasion, the sum required by the said Ordinance to be paid 
 for the said licence. 
 
 (2.) The said two sums shall be deemed to be and shall be re- 
 covered as one penalty. 
 
 (3.) On payment of the penalty as aforesaid, with all costs, if the 
 licence is one that can be granted for a whole year and there is any 
 portion of the Financial Year for which the licence was required then 
 unexpired at the time of the conviction, a licence shall be issued to the 
 person convicted for such unexpired portion of the said Financial 
 Year. 
 
 (4.) The whole amount paid by the person convicted in respect of 
 the sum payable for the licence shall be paid to the Receiver General 
 for the public use of the Colony, without any deduction. (Amd. by 28 
 of 1902 s. 2 (1.).) 
 
 13.— (1.) The owner of any licence issued under or by virtue of the 
 provisions of any Ordinance for the raising of Colonial Taxes shall be 
 at liberty, ."^ave as hereinafter mentioned, to transfer the same for the 
 unexpired term thereof, provided that the premises, chattel, or thing 
 which are or is the subject of such licence are or is transferred there- 
 with, and provided that tlie transfer and the date and hour thereof are 
 endorsed on such licence by the Commissary of Taxation of the 
 District. 
 
 (2.) The owner of a licence taken out in respect of any business 
 or trade desirous of transferring such licence shall deliver to the 
 Commissary of Taxation of the District in which the business or trade 
 is carried on, a notice signed by the Transferor and Transferee of the
 
 A.D. 1861.] MISCELLANEOUS LICENCES. 
 
 [No. 2. 
 
 285 
 
 intended transfer setting forth in full the Christian names and sur- 
 names of the transferor and ti'ansferee, their respective addresses, the 
 nature of the business to which the licence relates, the precise premises 
 and situation in which the business is carried orf, giving the lot, street, 
 village, town, city or plantation, and shall at the same time pay to the 
 said Commissary the sum of $5, for the benefit of the general revenue. 
 
 (3.) The said Commissary of Taxation on receiving the notice of 
 intended transfer shall forthwith cause the same to be advertized in 
 the Gazette and in one other newspaper in the Colony, for 1 4 days from 
 the date of the first publication in the Gazette, and shall in tlie said 
 notice notify to all persons having claims of over $100 for a liquidated 
 sum against the ti'ansferor, and being desirous of opposing the transfer 
 of the said licence that they may give to the said Commissary a notice 
 in writing objecting to the said transfer at any time within the said 
 fourteen days. 
 
 (4.) If any person objects to such transfer and gives the said 
 Commissary notice, as bet'ein before provided for, the said Commissary 
 shall not transfer the said licence until such person has had an 
 opportunity of enforcing his claim by legal proceedings : Provided 
 always that if proceedings to enforce such claim are not begun within 
 seven days after the receipt by such Commissary of the notice of 
 objection or citation be not lodged with the Registrar within seven 
 days after the commencement of such proceedings or if proceedings 
 having been commenced and such proceedings have been abandoned, 
 dismissed, or in any way terminated the said Commissary shall, on 
 production of a certificate of a Sworn Clerk of the Registrar's Office 
 of British Guiana, of the date that such claim was filed or that the 
 citation was lodojed or the termination of the suit the said Commissarv 
 shall transfer the said licence. (Amd. 2 of 1899 s. 3.) 
 
 Transfer of Licences. 
 
 14. The owner of any store, shop, office, or counting-house licence Eight to 
 in Georgetown, New Amsterdam, or the rural districts issued under 
 or by virtue of the provisions of any Ordinance for the raising of 
 Colonial Taxes, shall be at liberty, under the same licence, to transfer 
 his business to other premises than those specified in such licence, 
 within Geoi'getown, New Amsterdam, 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 premises, are endorsed 
 on such licence by the Commissary of Taxation of the District, and 
 provided further that, if such new premises are situate in Georgetown 
 or New Amsterdam, the holder of the licence shall, at the time of such 
 transfer, pay up the difterence, 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 ; but no abatement shall be allowed in respect of tlie new 
 premises being in any case rated at a less valuation than the former 
 premises. 
 
 15. — (1.) The transfer of every licence made under the provisions of Register of 
 either of the last two preceding sections shall be exempt from stamp ti''i"sfers. 
 duty, and shall be registered by the Commissary of Taxation in a book 
 to be kept by him for that purpose. 
 
 (2.) Any extract from such register, certified and signed by a 
 Commissary of Taxation, shall be received in evidence in all Courts 
 whatsoever in this Colony, without production of such register. 
 
 transfer shop 
 or store licence 
 to new 
 premises, on 
 certain 
 conditions.
 
 286 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 Prohibition of 
 jiersoii using 
 or trading 
 under another 
 person's 
 licence. 
 
 Painting of 
 name and 
 number on 
 carriage or 
 cart kept for 
 hire. 
 
 Painting 
 of certain 
 particuhirs on 
 cart not kept 
 for hire. 
 
 Labelling of 
 licensed 
 bicycles and 
 other cycles. 
 
 (3). Every such Commissary shall be entitled to a fee of twenty- 
 four cents, on giving off any such extract, to be paid by the party 
 applying for the same. 
 
 16. If any person lets out, hires, or lends to any other person any 
 licence granted or transferred to him, or if any person makes use of, 
 trades, or acts 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 is not inserted as the name of the person to whom the 
 same is granted or transferred, eveiy person letting out, hiring, or 
 lending any such licence, and every person making use of, trading, or 
 acting in any way with, under, or by colour of any such licence, shall, 
 each of them forfeit and pay for each such offence a sum of not less 
 than five dollars and not exceeding forty-eight dollars, and each .such 
 licence shall be forfeited and become null and void : Provided always 
 that 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 : Provided, also, that, in the case 
 of a huckster licence, gun licence, or Colony craft licence, the name of 
 sucli person so honcl fide employed must be inserted in such licence, or 
 be endorsed thereon, with the date and hour of endorsation, by a 
 Commissary of Taxation or by a St^'pendiary Magistrate, in which last 
 case such Magistrate shall, within seven days thereafter, send or deliver 
 to the Commissary the particulars of such endorsation. 
 
 Marking- of Licensed Vehicles and Premises, etc. 
 
 17. — (1-) Every person who keeps 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. 
 
 (2.) Every person who uses or suffers to be used, for hire or other- 
 wise, any such carriage or cart without such name and number being so 
 painted thereon as aforesaid shall forfeit and pay for each such offence 
 a sum not exceeding forty-eight dollars. 
 
 Provided that this section shall not apply to any carriage, cab, or 
 other vehicle on springs plying for hire of passengers in Georgetown or 
 within three miles from the Public Buildings to which the Georgetown 
 Town Council Ordinance, 1898, applies. (^Amd. 2 of 1899 s. 4.) 
 
 18. — (1.) Every person who keeps any cart other than for hire shall 
 have the word " Private " and also, if a licence is I'equired in respect 
 thereof, his name and the number of such licence, and if such cart 
 belongs to, and is exclusively used in the service of, an estate, 
 plantation, 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. (Amd. 2 of 
 1899 s. 6.) 
 
 (2.) Every person who uses or suffers to be used any such cart 
 without the particulars hereinbefore required in that behalf being so 
 painted thereon shall forfeit and pay for each such offence a sum not 
 exceeding forty-eight dollars. 
 
 19. — (!•) Every Commissary of Taxation when issuing a licence to 
 keep a bicycle or other cycle, whether kept for the purposes of trade or 
 for hire or for private use, shall with such licence give to the person
 
 A.D. 1861.] MlSCELLANEOJJii LICENCES. 
 
 [No. 2. 
 
 287 
 
 taking out the same a label of such size aud description as may from 
 time to time be approved of by the Receiver General. 
 
 (2.) Every person obtaining such lal)el shall affix the same in such 
 manner and to such part of the bicycle or other cycle to which the label 
 relates as 'is required by the Receiver General. 
 
 (3.) Every person who uses or suffers to be used whether for trade 
 or hire or otherwise, aTiy bicycle or other cj'cle for which a licence is 
 required not having affixed thereto as required by tlie Receiver General 
 the label issued therefor during the then current Financial year shall 
 for each offence be liable to a penalty not exceeding forty-eight dollars. 
 
 (4.) Any Commissary of Taxation or peace Officer may seize any 
 bicycle or other eycle found in any place other than private premises 
 and which has been used without having affixed thereto as required by 
 law a label issued for the then current Financial year and may remove 
 and detain the same until the person using the same or suffering it to 
 be used has been proceeded against and the penalty (if any) incurred 
 has been duly paid or recovered together with all costs of removal, and 
 such costs of removal may be recovered if not paid as if the same 
 formed part of the penalty which the offender has been sentenced to pay. 
 
 (5.) Any person counterfeiting any such label shall be guilty of a 
 misdemeanor and on being convicted thereof shall be liable to 
 imprisonment with or without hard labour for any term not exceeding 
 one year. 
 
 (6.) In case of a label being lost or stolen during the course of the 
 year it shall be lawful for the Commissary of Taxation on being 
 satisfied of the loss to issue another label in place of the label so lost or 
 stolen on payment of a fee of ninety-six cents. (2 of 1899 s. 5, amd. 
 by 5 of 1901 s. 9 & 26 of 1903 s. 18.) 
 
 20. — (1.) Every person who keeps any Colony craft in respect whereof Painting of 
 a licence is or may be required shall have the number of such licence number on 
 painted in plain legible figures upon the stei'n or bow of such craft. o o ly t a 
 
 (2.) Every person who uses or suffers to be used any such craft 
 without such number being so painted thereon as aforesaid shall forfeit 
 and pay for each such offence a sum not exceeding twenty-four dollars, 
 (s. 19.) 
 
 21. — (1.) It shall be lawful for any Commissary of Taxation, or any Liability to 
 police otHcer or constable, to seize any carriage or cart (together with seizure of 
 any animal drawing the same), or any Colony craft, in respect whereof oJ^raft not'^' 
 a penalty or forfeiture may have accrued under any of the last three marked, 
 preceding sections, and to remove and detain the same until such 
 penalty or forfeiture is paid, together with all costs of removal, and 
 until the particulars hereinbefore required in that behalf are duly 
 painted thereon at the owner's expense. 
 
 (2.) In case such penalty or forfeiture is not paid upon conviction, 
 together with all costs of removal as aforesaid, such carriage or cart 
 (together with any animal drawing the same), or craft, as the case may 
 be, shall be liable and executable for the amount thereof, with costs, 
 and shall be sold by order of the convicting Magistrate ; and if the 
 proceeds of such sale are not sufficient for the payment of such penalty 
 or forfeiture, with costs, the party convicted shall be liable for the same, 
 and such payment shall be recovered by distress, (s. 20.) 
 
 22. — (1.) Every person who is licensed to sell wine and malt liquor Affixing of 
 to be drunk on the premises shall affix a board in some conspicuous ^lotice-board
 
 288 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1861. 
 
 by person 
 licensed to sell 
 wine and malt 
 liquor to be 
 dnnik on the 
 premises. 
 
 Affixing of 
 notice-board 
 by butcher in 
 rural districts. 
 
 Giving of 
 notice by 
 butcher in 
 rural districts 
 to Police of 
 animal 
 
 intended to be 
 slaughtered. 
 
 place outside and over the door and window of his shop, whereon 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 ; " on pain, 
 in default thereof, of forfeiting and paying for the first offence a sum 
 not exceeding twenty- four dollars and for the second and every 
 subsequent offence the sum of forty-eight dollars. 
 
 (2.) The offence of omitting to affix such board shall be considered 
 and held to be repeated every ten days after any pi-evious conviction 
 during which such board may be omitted to be affixed as aforesaid, and 
 to be a separate offence, (s. 21.) 
 
 23. — (1.) Every person who is licensed to keep a butcher's shop in 
 the rural districts shall affix 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 ; " on pain, in default thereof, of forfeiting and paying 
 for the first offence a sum not exceeding twenty-four dollars, and for 
 the second and every subsequent offence the sum of forty eight dollars. 
 
 (2.) The offence of omitting to affix such board shall be considered 
 and held to be repeated every ten days after any previous conviction 
 during which such board may be omitted to be affixed as aforesaid, 
 and to be a separate offence, (s. 22.) 
 
 24. — (L) Every person who is licensed to keep a butcher's shop in 
 the rural districts who intends to slavighter any bull, cow, ox, steer, 
 heifer, or calf, or any ram, ewe, sheep, or lamb, shall, after svich 
 animal has been brought to his shop or to the place where the same is 
 to be slaughtered, and one day at least previous to the slaughtering of 
 such animal, be bound to deliver or cause to be delivered to the person 
 in charge of the Police Station nearest to his shop a notice in writing, 
 signed with his name, or, if he is unable to write, marked with his 
 mark and attested by some credible witness, of his intention to 
 slaughter such animal as aforesaid, and such notice shall contain a 
 description of such animal as to sex and colour, and also as to any 
 brand and any peculiar or distinguishing marks by which such aniiual 
 might be known or identified, and further the name and place of 
 residence of the person from whom such person so hcensed as afore- 
 said has bought or procured such animal and where such animal is 
 slaughtered at some place other than his shop, he shall also be bound 
 at the same time to deliver or cause to be delivered a like notice to the 
 person in charge of the Police Station nearest to such place ; on pain, 
 in default thereof, of forfeiting and paying for each offence a penalty 
 not exceeding fifty dollars. 
 
 (2.) Every such person as aforesaid shall, if so required by any 
 member of the police force, forthwith produce such animal at his shop 
 or at the place where it is to be slaughtered, and such police officer 
 may, if he has reason to suspect that such animal has been stolen, 
 require such person to keep the animal for a period not exceeding 
 seventy- two hours before killing it. Any person refusing or neglecting 
 to produce or keep any animal when so required shall forfeit and pay 
 for such offence a penalty not exceeding fifty dollars. 
 
 (.3.) Every such person as aforesaid shall l)e bound to keep the 
 skin of every animal so slaughtered for not less than three days after 
 it has been slaughtered, and on demand to produce such skin for the 
 inspection of any member of the police force or rural constable ; on
 
 A.D. 1861.] MISCELLANEOUS LICENCES. 
 
 [No. 2. 
 
 289 
 
 pain in default thereof of forfeiting and paying for each oflfence a 
 penalty not exceeding fifty dollars. (20 of 1904 s. 2.) 
 
 25. Every person who is licensed to keep a butcher's shop in the 
 rural districts shall be bound to send or deliver to the person in charge 
 of the Police Station nearest to his shop a weekly return containing all 
 the descriptive particulars specified in the last pi-eceding section, signed 
 with his name, or, if he is una])le to write, marked with his mark and 
 attested by some credible witness, of all such animals as aforesaid 
 which have been slaughtered by him during the week preceding, and 
 such return shall be by him sent or delivered to the person in charge 
 of such Police Station within three daj's after the expiraticni of each 
 week ; on pain, in default thereof, of forfeiting and paying for each 
 offence a sum of not less than ten dollars and not exceeding forty-eight 
 dollars, (s. 24.) 
 
 26. The person in charge of any such Police Station as aforesaid 
 shall, immediately on receipt of such weeklj'^ return, cause the same to 
 be atiixed in a conspicuous place in the said Police Station for one week 
 after the receipt thereof, and shall thereafter transmit the same to the 
 Inspector General of Police in Georgetown, to be by him filed as a 
 record in his Office, (s. 25.) 
 
 27. 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 produces a certificate from the Inspector 
 General of Police or an Inspector of Police, if in Georgetown, or from 
 a Justice of the Peace, Inspector of Police, or Officer in charge of a 
 Police Station, if in New Amsterdam or in any part of the rural dis- 
 tricts, to the effect that such person is a fit and proper person to obtain 
 such licence, (s. 26.) . 
 
 Powers of Officers, 
 
 28. — (1.) It shall be lawful for any Commissary of Taxation, or any 
 police officer or constable, to 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 may be required ; and if such person does not forthwith produce 
 such licence or satisfactorily account for the non-production thereof, 
 the Commissary of Taxation, or the police officer or constable, may 
 seize and detain such goods, wares, merchandise, fire-arm or craft until 
 such licence is produced, or, if no such licence has been taken out, until 
 the penalty or forfeiture incurred by the person huckstering or offering 
 for sale such goods, wares, or merchandise, or carrying or using such 
 fire-arm, or keeping for hire or using such craft, is paid, together with 
 all costs of removal. 
 
 (2.) A.11 such goods, wares, merchandise, 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 
 oftender upon conviction, shall be sold by order of the convicting 
 Magistrate ; and if the proceeds of such sale are not sufficient for the 
 payment of such penalty or forfeiture, the party convicted shall be 
 liable for the same, and such payment shall be recovered by distress, 
 (s. 27.) 
 
 Furnishing of 
 weekly return 
 of animuls 
 slaughtered. 
 
 Posting up of 
 weekly return 
 in District 
 Police Station. 
 
 Certificate 
 required in 
 case of licence 
 required for 
 public 
 entei'taiument. 
 
 Power to 
 demand 
 production of 
 huckster, gun, 
 or Colony 
 craft licence.
 
 290 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 Penalty on 
 person not 
 j)roducing 
 licence when 
 required. 
 
 Power to 
 enter premises 
 and mspect 
 carriage, etc., 
 kept for hire. 
 
 Power to 
 search 
 huckster's 
 pack. 
 
 Assaulting 
 Commissary 
 m execution 
 of duty. 
 
 29. If any person who has taken out a licence or licences does not 
 produce and deliver such licence or licences to be examined and read 
 by any Commissary of Taxation within a reasonable time after such 
 officer requests the production of the same, he shall be guilty of an 
 offence, and, being convicted thereof, shall be liable to a penalty not 
 exceeding twenty-four dollars, (s. 28.) 
 
 30. It shall be lawful for any Commissary of Taxation, at any hour 
 between six o'clock in the morning and six o'clock in the evening, to 
 enter on any, premises whereon is any carriage, cart or other vehicle kept 
 for hire, or any horse, donkey, ov mule kept for hire, and to inspect 
 and ascertain the state and condition of any such carriage, cart, or 
 other vehicle or of any such horse, donkey, or mule. (s. 29.) 
 
 31. — (1.) Any Commissary of Taxation or any constable or officer 
 of Police may at any time open and inspect any pack, box, bag, trunk, 
 or case, and may stop and inspect any vehicle in which any pedlar, 
 hawker, or huckster carries his goods, wares, and merchandise. 
 
 (2.) Any pedlar, hawker, or huckster who refuses to allow such 
 Commissary of Taxation, or such constable or officer of Police, to open 
 or inspect any such pack, box, V)ag, trunk, or case, or to stop or inspect 
 any such vehicle, or attempts to do so, shall be guilty of an offence, 
 and, being convicted thereof, shall be liable to a penalty not exceeding 
 ten dollars. 
 
 (3.) Any pedlar, hawker, or huckster so acting may be appre- 
 hended and detained with such pack, box, bag, trunk, case, or vehicle, 
 and the goods, wares or merchandise therein, until he can be brought 
 before a Stipendiary Magistrate, (s. 30.) 
 
 32. If any person assaults, obstructs, hinders, or molests any 
 Commissary of Taxation in the execution of his duty under this 
 Ordinance he shall be liable to a penalty not exceeding one hundred 
 dollars. (28 of 1902 s. 2 (2).) 
 
 Onus of proof 
 in certain 
 proceedings. 
 
 Onus of proof 
 as to dog. 
 
 Onus of proof 
 as to animal 
 or thing found 
 on premises. 
 
 Procedu7'e. 
 
 33. Where in any proceedings taken for the recovery of any penalty 
 for the failure or omission to take out any licence required by law in 
 respect of any vehicle or animal, any question arises as to the number 
 of the vehicles or animals which the pei'son proceeded against has kept 
 and used or owned and permitted to be used or has used, the burden 
 of proving the number of the vehicles or animals kept and used, or 
 owned and permitted to be used, or used by the defendant, and that he 
 has a licence for each, shall lie on the defendant, (s 32.) 
 
 34. Every person in whose custody, charge, or possession, or in 
 whose house or premises, any dog is found or seen shall be deemed to be 
 the person who keeps such dog, unless the contrary is proved, (s. 33.) 
 
 35. Every animal and every thing in respect of which a licence to 
 keep, or to use, or to keep and use, or to own and permit to be used, 
 or to carry the same, as the case may be, is by law required, found in 
 or on the premises of the person by law required to take out such 
 licence, or in the possession or under the control of, or being used or 
 permitted to be used by, such person, his attorney, agent, clerk, or ser- 
 vant, whether acting or employed for a terra, for an undefined period, 
 or for a special occasion, shall be deemed primd facie to be kept, or 
 used, or kept and used, or owned and permitted to be used, or carried.
 
 A.D. 1861.] MISCELLANEOUS LICENCES. 
 
 [No. 2. 
 
 291 
 
 Application 
 of certain 
 provisions of 
 law to holders 
 of licences, etc. 
 
 See Ordinance 
 No. 8 of 1868 
 3S. 78 and 79. 
 
 Liability of 
 person found 
 on licensed 
 premises 
 during period 
 when business 
 cannot be 
 lawfully 
 transacted, etci 
 
 as the case may be, by such person ; and the onus of showing that any 
 such animal or thing found as aforesaid was not in fact kept, or used, 
 or kept and used, or owner! and permitted to l)e used, or carried, as the 
 case may be, by him shall be on such person. (S. 34.) 
 
 36. The provisions of any enactments for the time being in force 
 relating to proceedings in cases where the holder of a licence under any 
 Ordinance relating to wine and spirit licences is made liable to a 
 penalty in respect of any act or omission, and a charge is preferred 
 alleging such act or omission, and relating to the liability to penalties 
 of the attorney of any su' h holder of a licence where such holder is 
 without the Colony, shall, mufafis mniandis, apply to every holder of a 
 licence of whatever kind under this Ordinance and to his attorneys, 
 agents, clerks, and servants, whether acting or employed for a term, for 
 an undefined period, or for a special occasion. (S. 35.) 
 
 37. — (1) Any person who is found in or on any licensed premises 
 within any period during which business cannot therein be lawfully 
 transacted, or during which such premises are by law required to be 
 closed or forbidden to be opened, shall, unless he satisfies the Stipendiary 
 Magistrate that he was on such premises as an inmate, servant, or 
 lodger or otherwise lawfully, be guilty of an offence, and, being con- 
 victed thereof, shall be liable to a penalty not exceeding ten dollars. 
 
 (2.) Any police constable may demand, the name and address of 
 any person found in or on any licensed premises within any such period, 
 and, if such name or such address is not given or if there is reasonable 
 ground for suspecting the name and address given to be false, may 
 arrest such person without a warrant, unless such person produces 
 satisfactory proof as to the correctness of the name and address given, 
 and carry him as soon as practicable before a Justice of the Peace. 
 
 (3.) Any person who fails, when so required by a police constable, 
 to give his name and address, or gives a false name or address, or 
 produces false testimony in respect of his name or address shall be guilty 
 of an ofifence, and, being convicted thereof, shall be liable to a penalty 
 not exceeding twenty-four dollars. (S. 36.) 
 
 38. All articles ordered to be sold by virtue of any of the preceding Sale of articles 
 provisions of this Ordinance shall be publicly sold by some police ofiicer sold '^/er the 
 or constable, by direction of the Stipendiary Magistrate, for cash to the Ordinance, 
 highest bidder, and the Magistrate 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 is of a perishable nature, 
 in which case the same shall be sold at such time and in such manner 
 as the Magistrate may direct ; and the surplus proceeds of every sale 
 held under this section, 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 is known, and, if he is not known, 
 the same shall accrue due and shall be paid to His Majesty, his heirs, 
 and successors, for the public use of the Colony. (S. 37.) 
 
 39. All fines, penalties, and forfeitures incurred under this Ordin- Recovery of 
 ance shall and may be sued for and recovered before any Stipendiary ^"^8. penalties, 
 Magistrate, who is hereby invested with full power, authority, and 
 jurisdiction to hear and determine the same, notwithstanding that 
 such fine, penalty, or forfeiture may exceed in amount or value the sum 
 of forty-eight dollars. (S. 38.) 
 
 VOL. I. 20 
 
 and forfeitures.
 
 292 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 Procedure 
 and appeal. 
 
 See Ordinances 
 No. 12 0/1893, 
 and No. 13 of 
 1893. 
 
 Power to the 
 Governor to 
 order deliverj' 
 up of article 
 seized under 
 the Ordinance. 
 
 Penalty on 
 police officer 
 or constable 
 not aiding in 
 execution of 
 tlie Ordinance. 
 
 Keeping and 
 publication 
 of lists of 
 licences. 
 
 40. All proceedings under this Ordinance shall be conducted as near 
 as may be according to the form of procedure, and shall be subject to 
 the appeal, provided by any Ordinances for the time being in force 
 regulating procedure before Stipendiary Magistrates in the exercise of 
 their summary jurisdiction and appeals from the decisions of Stipen- 
 diary Magistrates. (S. 39.) 
 
 41. It shall be lawful for the Governor to order any article seized 
 under or by virtue of any of the provisions of this Ordinance to be 
 restored in such manner and on such terms and conditions as he may 
 think fit to direct. (S. 40.) 
 
 42. Every police ofiicer or constable who, without lawful excuse, 
 refuses or neglects to aid and assist in the execution of this Ordinance, 
 when thereto required by any Commissary of Taxation or other person 
 whomsoever, shall be guilty of an offence, and shall forfeit and pay for 
 each such offence a sum of not less than ten dollars and not exceeding 
 forty-eight dollars. (S. 41.) 
 
 43. Lists of all licences issued under the Tax Ordinance of the year 
 shall every year be kept l)y the Receiver General and such Hsts shall 
 be published from time to time as and when the Governor may direct. 
 (2 of 1899, s. 7.) 
 
 OEDINANCE No. 3 OF 1861. 
 
 A.D. 1861. 
 
 — ♦ — 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 Appointment 
 of Legal 
 Assessor. 
 
 An Ordinance for better enforcing Discipline among 
 the Clergy of the Church of England in this 
 Colony. 
 
 [28th August, 1861.] 
 
 WHEREAS for better enforcing discipline among the Clergy of 
 the Church of England in this Colony, it is expedient that 
 provision should be made for the trial and correction of any 
 of such Clergy guilty of offences or of conduct unbecoming the chai'acter 
 of a Christian Minister : 
 
 Be it therefore enacted by the Lieutenant-Governor of British 
 Guiana, with the advice and consent of the Court of Policy thereof, as 
 follows : — 
 
 1. This Ordinance may be cited as the Church of England Clergy 
 Discipline Ordinance, 1861. 
 
 2. In this Ordinance, — 
 
 " The Bishop " means the Bishop for the time being of the Diocese 
 and See of Guiana : 
 " The Diocese " means the Diocese or See of Guiana : 
 " Clerk " comprehends, includes, and applies to every Rector, In- 
 cumbent, Curate, Chaplain, or other Clergyman or Minister in 
 Holy orders of the Church of England, licensed or authorized 
 by the Bishop to officiate within the Diocese. 
 
 3. — (1.) For the purposes of this Ordinance, it shall be lawful for the 
 Bishop to appoint a Legal Assessor, who must be a barrister at-law. 
 advocate, or attorney-at-law of not less than seven years' standing,
 
 A.D. 1861.] 
 
 CLERGY DISCIPLINE. 
 
 [No. 3. 
 
 293 
 
 Right of Cler{jy 
 to elect Clerical 
 Assessor. 
 
 and notice of his appointment shall be published in Tlte Official Gazette 
 for general informati'm. 
 
 (2.) Such Le^fal Assessor shall hold office durin<? j^ood behaviour, 
 and the Bishop may from time to time appoint some other fit and proper 
 person, beint^ duly qualified as aforesaid, in the room of such Legal 
 Assessor dying, resigning, or becoming incapable of discharging the 
 duties of his office : Provided always that, in case of the temporary 
 absence or incapacity of any Legal Assessor, the Bishop may appoint 
 some duly qualified person to act in his place during such temporary 
 absence or incapacity. 
 
 4. — (1.) For the purposes of this Ordinance, it shall be lawful for the 
 Clerks of the Diocese to appoint from time to time, by periodical elec- 
 tion, a Clerical Assessor to the Bishop, who must be an Archdeacon or 
 a Clerk, being a priest of not less than seven years' standing, and notice 
 of every such appointment shall be published in The Official Gazette 
 for general information. 
 
 (2.) Such Clerical Assessor shall hold office for five years from the 
 date of his election, and the Clerks of the Diocese may in like manner 
 appoint, by election, some other fit and proper person, being duly 
 qualified as aforesaid, in the room of such Clerical Assessor dying, re- 
 signing, or becoming incapable of discharging the duties of his office : 
 Provided always that, in case of the temporary absence or incapacity 
 of any Clerical Assessor, the said Clerks may appoint, by election, 
 some duly qualified person to act in his place during such temporary 
 absence or incapacity. 
 
 5. — (1.) On the occurrence of any vacancy in the office of Clerical 
 Assessor the Bishop shall appoint some convenient day for the elec- 
 tion of a Clerical Assessor, specifying the place and hour of meeting 
 by notice to be published in The Official Gazette at least two weeks pre- 
 vious to the day of election. 
 
 (2.) Every Clerk resident within the Diocese shall be entitled to 
 vote at every such election. 
 
 6. — (L) The votes may be given either personally, or by proxy, 
 according to the Form No. 1 contained in the Schedule to this Ordin- 
 ance, or in a form to the like effect, under the hand of the Clerk nomi- 
 nating such proxy. 
 
 (2.) Every election of a Clerical Assessor shall be determined by 
 the majority of votes of the Clerks present, including proxies, the 
 chairman of the meeting (who may be any Clerk selected for that pur- 
 pose by the majority) being entitled to vote, not only as a principal 
 and proxy, but to have a casting vote, if there is an equality of votes. 
 
 (3.) It shall be the duty of the chairman forthwith to notify the 
 result of the election to the Bishop, 
 
 7. The Registrar of the Diocese shall act as secretary at every such Transmission 
 meeting, and no person shall be entitled to vote as a proxy unless the ° proxies, 
 instrument appointing such proxy has been transmitted to such Regis- 
 trar at least twenty-four hours before the time appointed for holding 
 the meeting at which such proxy is to be used. 
 
 g, — (1.) Within fourteen days after the election of any Clerical Decision of 
 Assessor, it shall be lawful for any person who may dispute the correct- ekction.^^^*^ ^ 
 ness of such election to petition the Grovernor and Court of Policy, 
 setting forth the grounds of his objection. 
 
 VOL. I. 20a 
 
 Appointment 
 of time and 
 place of 
 election. 
 
 Mode of voting. 
 Schedule : 
 FoiTU No. 1.
 
 294 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 Summoning 
 of witnesses. 
 
 Evidence on 
 proceeding. 
 
 (2.) Such person shall be bound, within the said period of fourteen 
 days, to deposit with the Receiver General a sum of one hundred dollars 
 as secui'ity for costs, and to serve a copy of his petition upon the Clerical 
 Assessor elected. 
 
 (3.) The Governor and Court of Policy shall have full power and 
 authority, after due inquiry, to declare the election valid or void, as the 
 case may be, or to make such other order as to them may seem proper : 
 Provided always that the Clerical Assessor elected shall be entitled to 
 act until unseated on petition. 
 
 9. — (1.) It shall be lawful for the Governor and Court of Policy to 
 order any person to be summoned to appear before them to give evi- 
 dence in the matter of any election petition before them under this 
 Ordinance. 
 
 (2.) If any person, being served with any such order or summons 
 of the Governor and Court of Policy, refuses or neglects to appear at 
 the time and place menti(>ned in such order or summons, such person 
 shall be subject to a fine by the Governor and Court of Policy, not ex- 
 ceeding two hundred and forty dollars, to be recovered at the instance 
 of the Attorney General by summary execution. 
 
 10. — (1.) It shall be lawful for the Governor and Court of Policy to 
 administer to any person who may appear as a witness in any such 
 proceeding any oath or affirmation that may lawfully be administered 
 in any Court of Justice. 
 
 (2.) Every witness who wilfully gives a false answer to any ques- 
 tion that may be put to him. or swears falsely on any oath, or falsely 
 affirms any matter or thing shall be deemed guilty of perjury, and, 
 being convicted thereof before the Supreme Court of British Guiana in 
 its criminal jurisdiction, shall be subjected to the pains and penalties 
 imposed on persons guilty of wilful and corrupt perjury. 
 
 1 1. Whenever any Clerk is guilty of any immorality or other act or 
 conduct unbecoming the character of a Christian Minister, or is guilty 
 of gross or habitual neglect of ministerial duty, he shall, on being con- 
 victed thereof in manner and form hereinafter provided, be punishable 
 by suspension or deprivation, by sentence of the Bishop subject to the 
 provisions of this Ordinance, according to the nature of the offence 
 committed ; but no Clerk shall be liable to be deprived by any sentence 
 under this Ordinance except for an offence which, if committed in 
 England, would subject such Clerk to deprivation by the Ecclesiastical 
 Law of England. 
 
 Power to the 12. — (1.) If any Clerk, to the knowledge or belief of the Bishop, is 
 
 Commis^sion**"^ charged and accused, by common report, with any offence or neglect of 
 of Inquiry in duty punishable by this Ordinance, it shall be the duty of the Bishop, 
 and he is hereby empowered, to issue a Commission as hereinafter men- 
 tioned for inquiring into the probable grounds and truth of the report. 
 (2.) If any person delivers a charge in writing to the Bishop, set- 
 ting forth the belief of such person, that any Clerk has been guilty of 
 any such offence or neglect of duty, it shall be lawful for the Bishop, 
 and he is here})y empowered, if he thinks fit but not otherwise, to issue 
 such Commission for inquiry into the probable grounds and truth of 
 the charge 
 
 Proceedings of 13, — (1 ) The Commission to be issued by the Bishop as aforesaid 
 
 Commissioners. ^^^nW be according to the Form No. 2 contained in the Schedule to this 
 
 Punishment of 
 Clerk guUty of 
 misconduct. 
 
 case of Clerk 
 charged with 
 misconduct.
 
 A.D. 1861.] 
 
 CLERGY DISCIPLINE. 
 
 [No. 3. 
 
 295 
 
 Schedule ; 
 Form No. 
 
 2. 
 
 Requisites of 
 citation. 
 
 Ordinance, or such other form as may suit the circumstances of the case, 
 and shall be directed to any two Clerks, being priests of seven years' 
 standing, to be chosen Ijy the Bishop, and to any Stipendiary Magistrate 
 to be appointed by the Governor. 
 
 (2.) Such Commissioners 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 upon solemn 
 affirmation in cases where an ailirmation is allowed by law instead of 
 an oath, and to adjourn from day to day or for a longer period, not ex- 
 ceeding one week at a time, until the inquiry is concluded. 
 
 (3.) In case the accused party, being duly cited to appear, does 
 not attend, or refuses to answer before the said Commissioners, it shall 
 be lawful for them to proceed ex parte ; and it shall be lawful for the 
 accused party, if he attends, to cross-examine the witnesses, by him 
 self or by his counsel or attorney, and also to be heard by counsel or 
 attorney. 
 
 (4.) All such preliminary proceedings shall be public, unless, on 
 the special application of the accused party, the Commissioners direct 
 that the same or any part thereof shall be private. 
 
 14. The citation or summons of the Commissioners to the accused 
 party shall set forth : — 
 
 First — Whex-e a charge is 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 of each offence, with reasonal)le preci- 
 sion ; and 
 
 Second — The names of the Commissioners and the time and place 
 appointed for the sitting of the Commission. 
 
 15. A copy of every such citation or summons shall be served per- 
 sonally on the accused party, or at bis usual or last known place of 
 abode, ten clear days at least before the inquiry, and, in default of 
 such service, all proceedings thereunder shall be void, unless the 
 accused party voluntarily appears at the proceedings under the Com- 
 mission. 
 
 16. After the inquiry has been concluded, the Commissioners, or a Report of 
 majority of them, shall transmit to the Bishop, under their hands, the Commissioners 
 depositions of witnesses taken before them, and also their report 
 
 whether or not there is sufficient prima facie ground for instituting 
 proceedings against the accused party under the provisions of this 
 Ordinance, and such report shall be filed in the Registry of the Diocese, 
 and the Bishoj) shall, on the application of any party interested, cause 
 to be delivered to such party a copy of the said depositions, on payment 
 to the Registrar of the Diocese of the sum of twenty-five cents for each 
 folio of ninety words of the same. 
 
 17. If the Commii-sioners, or a majority of them, report that there Etiect of 
 is no sufficient primd facie ground for instituting proceedings against h^'^'^^s^^''* 
 the accused party, the report of the said Commissioners, or a majority prima facie 
 of them, shall operate to prevent any further proceedings against him ground. 
 
 on that complaint ; and a certified copy of such report sliall be given 
 by the Registrar of the Diocese to the accused party. 
 
 1 8. — (1 . ) In all cases where proceedings have been commenced under Power to the 
 this Ordinance against any Clerk, it- shall be lawful for the Bishop, with ^'^l^oP *» 
 
 Service of 
 citation.
 
 296 
 
 No. 3.J THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 pronounce 
 sentence 
 by consent 
 without further 
 proceedmgs. 
 
 Presentment 
 of charges 
 against 
 accused party. 
 
 Power to the 
 Bishop to 
 require 
 accused party 
 to appear 
 before him. 
 
 Holding of 
 Court by the 
 Bishop, with 
 assistance of 
 his two 
 Assessors. 
 
 Proceedings 
 of the Court. 
 
 the consent of such Clerk and of the party complaining, if any, first 
 obtained in writing, to pronounce, without any further proceedings, 
 such sentence as the Bishop may think fib, not exceeding the sentence 
 which might be pronounced after trial, as hereinafter provided. 
 
 (2.) All such sentences shall l)e as good and effectual in law as if 
 pronounced after a hearing according to the provisions of this Ordin- 
 ance, and may be enforced by the like means. 
 
 19. — (1.) If the Commissioners, or a majority of them, report that 
 there is sufficient primd facie ground for instituting proceedings 
 against the accused party, they or a majority of them shall also draw- 
 up and sign a presentment, setting forth with reasonable precision the 
 particular offence or offences for which the accused party ought to be 
 tried, and shall forthwith transmit the same to the Bishop, along with 
 their report under the Commission. 
 
 (2.) The Registrar of the Diocese shall cause a copy of the report 
 and presentment to be served personally on the accused party, or at his 
 usual or last known place of abode ; and it shall not be lawful to pro- 
 ceed upon such presentment until after the expiration of fourteen days 
 after the day on which such copy has been so served. 
 
 20. — (1.) It shall be lawful for the Bishop, by writing under his hand, 
 to be served personally on the accused party or at his usual or last 
 known place of abode, to require the accused party to appear before 
 him at any place within the Diocese, and at any time after the expira- 
 tion of the said fourteen days, and to make answer to the said present- 
 ment within such time as to the Bishop may seem reasonable. 
 
 (2.) If the accused party a2:)pears, and by his answer admits the 
 truth of the presentment, the Bishop shall then, or on some convenient 
 day thereafter, proceed to pronounce sentence thereupon. 
 
 21. — (1.) If the accused party refuses or neglects to appear and 
 make answer to the said presentment, or makes any answer other 
 than an unqualified admission of the truth thereof, the Bishop shall 
 proceed to hold a Court under this Ordinance, and to hear the cause, 
 with the assistance of his Legal and Clerical Assessors ; and the said 
 Assessors shall be entitled to vote upon all questions that may arise 
 during the hearing. 
 
 (2.) The finding shall be that of the majority of the Court; includ- 
 ing the said Assessors, and in the event of the accused party being 
 found guilty, the said majority shall further declare whether the offence 
 of whicli he was found guilty 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. 
 
 22. The following provisions shall have effect with respect to the 
 proc(;c(lings of the Court, that is to say, — 
 
 (1.) The Registrar of the Diocese shall act as clerk during the sitting 
 of the Court, which may be adjourned from time to time ; 
 
 (2.) The accused party may have the aid of any counsel or attorney 
 who shall be entitled to be heard on his behalf, and any parties 
 concerned as prosecutors may also appear by counsel or attorney; 
 
 (3.) All witnesses shall be sworn in open Court, and their testimony 
 shall be reduced to writing by the clerk, and shall be rc^ad over 
 to and signed by them ;
 
 A.D. 1861.] 
 
 CLERGY DISCIPLINE. 
 
 [No. 3. 
 
 297 
 
 (4.) Tlie finding and sentence shall be pronounced in open Court ; and 
 (5.) The proceedings with respect to the arguments and addresses 
 of counsel or attorney, and the examination of witnesses and pro- 
 duction of evidence shall be regulated, as near as may be, Ijy the 
 prevailing practice of the Supreme Court of British Guiana in its See Ordinance 
 criminal jurisdiction. Ao. 19«/1893. 
 
 23. — -(I.) In case sentence of suspension is pronounced by the Bishop, Sentence of 
 the same shall l)e certified by him to the Governor, and the stipend of suspension, 
 the Clerk so suspended shall be applicable, in the first place, to the 
 payment of any Curate or substitute who may l)e appointed by the 
 Governor and licensed by the Bishop to perform the duties of the Clerk 
 so suspended during the time of his suspension. 
 
 (2.) The Rectory or Parsonage House, if belonging to the Benefice 
 or Incumbency, shall also be assigned to the Curate or substitute, if 
 such assignment has been ordered and directed as part of the sentence 
 of the Court, but not otherwise. 
 
 24. In case sentence of deprivation is pronounced Ijy the Bishop, sentence of 
 the same shall be certified by him to the Governor, and the Rectory, deprivation. 
 Incumbency, Curacy, or other Preferment shall be and become vacant, 
 
 and the same may thereupon be filled up according to law. 
 
 25. If any Clerk is convicted and sentenced on any indictment pre- Proceedings 
 ferred against him before the Supreme Court of British Guiana in its y^iere 9^""^ 
 cciminal jurisdiction, a copy of such indictment and of the depositions indictaLle 
 in the case shall, with all reasonable despatch, be furnished by the offence. 
 Clerk of the said Court to the Bishop, who may forthwith deal with 
 
 the offender by suspension or dej^rivation, as if the case had been 
 heard and decided under the provisions of this Ordinance : Provided 
 always that, before any such Clerk is sentenced to be deprived under 
 tills section, he shall be entitled to be heard . by liimself or by his coun- 
 sel or attorne}^, before the Bishop and his two Assessors, upon the 
 question whether the offence of which he was convicted was one which 
 would warrant deprivation by the Ecclesiastical Law of England. 
 
 26. Every Clerk shall have the same right of appeal against any 
 sentence pronounced in virtue of this Ordinance as he at present pos- 
 sesses, or may at any time possess, against sentences of the Bishop 
 pronounced in \irtue of the jurisdiction conferred upon the Bishop Ijy 
 Her Majesty's Royal Letters Patent. 
 
 27. Any Clerk who— 
 
 (1.) Attempts to ofliciate during the period of his suspension, or 
 after deprivation of his Benefice or Incumbency ; or 
 
 (2.) In any way obstructs the Curate, substitute, or successor ap- 
 pointed to officiate in his stead ; or 
 
 (3.) Refuses to give up possession of the Rectory or Parsonage 
 House, or of the Registry Books, or of any Church property in his 
 custody, when thereto lawfully required, 
 
 shall, notwithstanding the pendency of any appeal that ma}^ be open 
 to him, be guilty of a misdemeanour, and, being convicted thereof before 
 the Supreme Court of British Guiana in its criminal jurisdiction, shall 
 for each offence be liable to a fine not exceeding one hundred dollars, 
 or to imprisonment not exceeding one year, or to both such fine and 
 such imprisonment, in the discretion of the Court. 
 
 Right of 
 appeal against 
 sentence. 
 
 Punishment in 
 case of Clerk 
 attempting to 
 officiate when 
 suspended or 
 deprived.
 
 298 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 Attendance of 
 
 witnesses. 
 
 Giving of false 
 evidence by 
 witness. 
 
 Power to the 
 Bishop to 
 inhibit accused 
 party from 
 officiatmg, 
 pending 
 proceedings. 
 
 Limitation of 
 time for issue 
 of Commission. 
 
 No objection 
 on teclmical 
 grounds, etc. 
 
 Provision in 
 case of the 
 Bishop's 
 absence or 
 inability to act. 
 
 Service of 
 process. 
 
 28. It shall be lawful in any preliminary inquiry under this Ordin- 
 ance, for any one or more of the Commissioners, or, in any proceeding 
 under this Ordinance before the Bishop and his Assessors, for the 
 Bishop or any Assessor of the Bishop, to require the attendance of 
 such witnesses, and the production of such deeds, evidences, or writings, 
 as may be necessary. 
 
 29. — (1.) Every witness who is exammed in pursuance of this 
 Ordinance shall give his evidence upon oath or upon solemn affirmation 
 in cases where an affirmation is allowed by law instead of an oath. 
 
 (2.) Such oath or affirmation respectively any Court of Commis- 
 sion of Inquiry to be held by virtue of this Ordinance shall have full 
 power and authority to administer. 
 
 (3.) Every such witness who wilfully swears or affirms falsely 
 shall be deemed guilty of perjury, and shall be liable to punishment 
 accordingly. 
 
 30. In every case in which, from the nature of the offence charged, 
 it appears to the Bishop that great scandal is likely to arise from the 
 accused party 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, it shall be lawful for the Bishop 
 to cause a notice to be served on such party at the same time with the 
 service of a copy of the presentment aforesaid, or at any time pending 
 any proceedings before the Bishop, inhibiting the said party from per- 
 forming any services of the Church within the Diocese fi'om and after 
 the expiration of fourteen days from the service of such notice and 
 until sentence has been given in the said cause. 
 
 31. Every Commission of Inquiry against any Clerk for any offence 
 under this Ordinance shall be issued within twelve months after the 
 commission of the offence in respect of which the Commission is issued, 
 and not afterwards. 
 
 32. No proceedings under this Onlinance shall be quashed or 
 objected to before any Court or tribunal whatsoever for want of form, 
 or on any technical ground ; and no proceeding, commission, or 
 document required by this Ordinance shall be subject to any stamp 
 duty. 
 
 33. — (1.) 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 Commissaries for the time being, or any special 
 Commissaries appointed to act for and in the name and on behalf of the 
 Bishop under this Ordinance, and each, every, and any of them, are 
 hereby authorized and empowei'ed, in the absence of the Bishop from 
 the Colony, or in case of his inability to act, or in case of a vacancy 
 in the See, to exercise all the powers hereby vested in the Bishop, and 
 shall be chai'gealile with all the duties hereby imposed on him. 
 
 (2.) All acts, matters, and things to be done or performed by such 
 Vicar-General, Commissary, or Commissaries in any such case shall have 
 the t ame force and effect as if the same had been done or performed by 
 the Bishop himself in person. 
 
 34. — (1.) All process, citations, notices, orders, and summonses 
 issued or granted under this Ordinance shall be served and executed by 
 the Registrar of British Guiana or one of the Marshals.
 
 A.D. 1861.] 
 
 CLERGY DISCIPLINE. 
 
 [No. 3. 
 
 299 
 
 Punishment 
 of witness in 
 contempt. 
 
 (2.) For the making and serving of each copy of any such process, 
 citation, notice, order, or summons, the Registrar shall be allowed 
 to charge the sum of fifty cents., and no more, and for travelling 
 expenses or distance money the fees chargeable by the Provost Marshal 
 under the Fees and Costs (Supreme Court) Ordinance, 1855.' 
 
 35. In case any witness residing in any part of the Colony whose 
 evidence may be required before any Commission of Inquiry or Court 
 to be held by virtue of this Ordinance refuses or neglects to attend, 
 without lawful excuse, or refuses to be swoi'n or to give evidence 
 when sworn, or is guilty of any other contempt or disobedience to the 
 lawful order of such Commission or Court, it shall be lawful for any 
 Judge of the Supreme Court of this Colony, on motion made to him 
 by any person interested in the proceedings, to cause such witness 
 to be brought before him, and to sentence such witness to a fine not 
 exceeding ninety-six dollars, and to imprisonment for any term not 
 exceeding thirty days unless such fine is paid, and to make such order as 
 to costs as to him may seem proper : Provided that no process shall 
 issue against any such w^itness as aforesaid unless the Judge is satisfied 
 that the witness was duly summoned, and that a sum had been tendered 
 to him or lodged with the Registrar 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 Supreme Court of British Guiana in its criminal 
 jurisdiction. 
 
 36. The Legal Assessor appointed under this Ordinance shall 
 receive the sum of twenty-four dollars for every day on which the 
 Court sits, and the same shall be paid from and out of the vote for the 
 contingent expenses of justice, upon the warrant of the Governor, to 
 be granted on a certificate from the Bishop stating the number of days 
 during which the Court has been held ; and all witnesses summoned 
 in support of any presentment under this Ordinance shall be paid 
 from and out of the same vote, upon the warrant of the Governor, on 
 their bills being duly taxed by the Registrar of the Diocese according 
 to the tariff uf fees prevailing in the Supreme Court of British Guiana 
 in its criminal jurisdiction. 
 
 37. Each member of any Commission appointed under the provi- 
 sions of section 13 who refuses or fails to attend without sufficient 
 cause, or who, having attended, withdraws without excuse before the 
 termination of the proceedings, shall for eveiy day of absence or refusal 
 to act and vote, forfeit to His Majesty, for the public use of the Colony, 
 the sum of fifty dollars, to be recovered at the instance of the Attorney 
 General by summary execution. 
 
 38. If, on the trial of any Clerk before any Court under this 
 Ordinance, it is proved, by the oath or affirmation of any credible 
 witness, that an}' person whose deposition has 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 is proved also that such 
 deposition was taken in the presence and hearing or perception of the 
 accused party, and that he, or his counsel or attorney, had a full oppor- 
 tunity of cross-examining the witness, then, if such deposition purports 
 
 See Ordinance 
 No. 19 of 1893 
 Fourth 
 Schedule. 
 
 Provision for 
 pajnnent of 
 Legal Assessors 
 and witnesses. 
 
 See Ordinance 
 Xo. 19 of 1893 
 Fourth 
 Schedule. 
 
 Penalty in 
 ease of 
 
 Coniniissioner's 
 refusal to act. 
 
 Cases in which 
 deposition of 
 dead or absent 
 witness may 
 be received. 
 
 ^ See now, however, No. 17 of 1901, s. 4.
 
 300 
 
 No. 3.] THE LA TF^S' OF BRITISH GUIANA : [A.D. 1861. 
 
 Saving of 
 certain rights. 
 
 to be signed by the Commissioners, it shall be lawful to read such 
 deposition as evidence before such Court without further proof thereof, 
 unless it is proved that such deposition was not in fact signed by the 
 Commissioners purporting to sign the same. 
 
 39. Nothing in this Ordinance shall deprive the Bishop of any 
 spiritual power or authority vested in him ; and nothing in this 
 Ordinance shall in any way prejudice, alter, or affect any right, 
 power, or authority vested in the Governor by virtue of the Royal 
 Commission, or in the Governor and Court of Policy by virtue of the 
 provisions of any Ordinance for the time being in force relating to the 
 maintenance of ministers of the Christian Religion in this Colony. 
 
 Section 6. 
 
 Section 13. 
 
 SCHEDULE. 
 
 FOEMS. 
 Form No. 1. 
 
 Fro.i-y. 
 
 By virtue of the provisions of the Church of England Clergy Discipline 
 Ordinance, 1861, I, the Reverend A. B., do hereby appoint the Reverend 
 C 1). to he my Proxy in my absence, and to vote in my name at the Election 
 of a Clerical Assessor to be held on the day of 1 , 
 
 in such manner as he, the said C. D., may think proper. 
 
 In witness whereof I have hereunto set my hand, at this 
 
 day of 1 
 
 (Signed.) 
 A. B. 
 
 Form No. 2. 
 
 To 
 
 Commission of Inquiry. 
 
 The Reverend A. B., of 
 The Reverend C. D., of 
 
 Stipendiary Magistrate, appointed in that behalf by His 
 
 And E. F., Esquire, 
 Excellency the Governor. 
 
 By virtue of the authority conferred, and in discharge of the duty imposed, on us 
 
 by the Church of England Clergy Discipline Ordinance, 1861, we, the undersigned 
 
 Bishop of Guiana, do hereby nominate and appoint you, and every of 
 
 you, Commissioners to inquire into ceitain charges preferred by of 
 
 \_or commonly or openly alleged], against the Reverend 
 of to the following elfect, viz.: — \_here state the nature of the charges'], 
 
 and to make a true report to us, pursuant to the said Ordinance, of the result of 
 your inquiries into the said charges ; and we hereby appoint that your iirst meeting, 
 in execution of the authority hereby conferred upon you, shall be holden at [name 
 the place of meeting], on the day of 1 
 
 Given under our hand and sealed with the Episcopal Seal of Guiana, this 
 day of 1 
 
 ORDINANCE No. 4 OF 1861. 
 
 A.D 1861 An Ordinance to punish Breaches of Trust l)v Traders. 
 — ^ ' [28th August", 18G1. ] 
 
 BE it enacted by the Lieutenant-Governor of British Guiana, with 
 the advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 1 . This Ordinance may be cited as the Traders (Breaches of Trust) 
 
 Ordinance, 1861.
 
 A.D. 1861.J TRADERS (BREACHES OF TRUST). [No. 4. 
 
 301 
 
 2. In this Ordinance, — 
 
 " Trader " means any handicraftsman, artificer, manufacturer, 
 mechanic, laundress, or \v(jrkman, and any person exercising or 
 pretending to exercise any trade, handicraft, manufacture, busi- 
 ness, or mystery whatsoever : 
 
 " Work " means any work in any trade, handicraft, manufacture, 
 or business whatsoever, and any repairing, fashioning, altering, 
 or cleansing whatsoever : 
 
 " Materials " means any goods, wares, merchandise, articles, chat- 
 tels, and things of any kind or material whatsoever : 
 
 " Stipendiary Magistrate " extends to, applies to, and includes any 
 Justice of the Peace who may be specially appointed by the 
 Governor to act under the provisions of this Ordinance, which it 
 shall be lawful for the Governor at any time to do. 
 
 3. If any trader contracts with any person to perform any work 
 for reward (whether the amount of such reward is, at the time of 
 making the contract, fixed and agreed upon or not), and if, in pursu- 
 ance or on the faith of such contract, such trader receives, as and by 
 way of advance or in anticipation of such reward, any sum or sums of 
 money not exceeding in the whole the sum of twenty-four dollars, or 
 if any sum or sums of money, not exceeding in the whole the sum of 
 twenty-four dollars, is or are 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, without any lawful excuse, refuses or 
 neglects 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 Stipendiary Magistrate hearing any complaint 
 to be brought under the provisions of this Ordinance may deem to be 
 reasonable, and refuses or neglects, when so required, to repay to the 
 person with whom he has so contracted, or to his agent lawfully autho- 
 rized, such sum or sums of money as he may have so received, such 
 trader shall, on being convicted before the Stipendiary Magistrate of 
 the District where such contract has been made or such trader is, at 
 the time of preferring the complaint, resident, be adjudged to pay a 
 fine or penalty not exceeding the sum of forty-eight dollars. 
 
 4. If any trader, having contracted as aforesaid, receives any 
 materials, not exceeding in value the sum of twenty -four dollars, for 
 the purpose of being wrought up or used in the work so agreed to be 
 performed, and if such trader, without any lawful excuse, refuses or 
 neglects to perform his contract within such specified or reasonable 
 time as aforesaid, and refuses or neglects, when so required, to return 
 to the person with whom he has so contracted, or to his agent lawfully 
 authorized, the materials so delivered to him, such trader shall on 
 being convicted before an}^ Stipendiary Magistrate having jurisdiction 
 as aforesaid, be adjudged to pay a fine or penalty not exceeding the sum 
 of forty-eight dollars. 
 
 5. If any goods, articles, or chattels of any description, not exceeding 
 in value the sum of twenty-four dollai\s, are delivered to any trader or 
 other person for the purpose of being repaired, fashioned, altered, or 
 cleansed, for reward (whether the amount of such reward is specified 
 or not), and if such trader or other person, without any lawful excuse, 
 
 Interpretation 
 
 of terms. 
 
 Penalty on 
 trader receiving 
 money in 
 advance and 
 neglecting to 
 perform 
 contract or 
 return money. 
 
 Penalty on 
 trader receiving 
 materials and 
 neglecting 
 to perfoi-m 
 contract or 
 return 
 materials. 
 
 Penalty on 
 trader receiving 
 article to be 
 repaired, etc., 
 and neglecting 
 to return the 
 same.
 
 302 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1861. 
 
 refuses or neglects to repair, fashion, alter, or cleanse the same, and, 
 after the expiration of such specified or reasonable time as aforesaid, 
 refuses or neglects, when so required, to return the same, such trader 
 or other person shall, on being convicted before any Stipendiary 
 Magistrate having jurisdiction as aforesaid, forfeit and pay a fine or 
 penalty not exceeding the sum of forty-eight dollars. 
 
 Liability to 
 imprisonment 
 of trader 
 pawning or 
 misappro- 
 priating 
 materials, etc., 
 entrusted to 
 him. 
 
 Punishment of 
 offender where 
 amomit of 
 contract or 
 value of 
 materials 
 exceeds $24. 
 
 Awarding of 
 compensation 
 to complainant 
 out of penalty 
 paid. 
 
 Saving of 
 trader's right 
 of lien. 
 
 Procedure 
 and appeal. 
 
 See Ordinances 
 No. 12 of 1893 
 and No. 13 of 
 1893. 
 
 6. If it appears, upon due proof, to the Stipendiary Magistrate before 
 whom any complaint under this Ordinance is heard that such trader or 
 other person has sold, pawned, converted to his own use, or otherwise 
 misappropriated any materials, goods, wares, articles, or chattels 
 delivered to him for the purposes in this Ordinance stated, and not 
 exceeding in value the sum of twenty-four dollars, such Magistrate may 
 abstain from the infliction of any fine or penalty, and, in lieu and in 
 stead thereof, may adjudge the offender to be forthwith imprisoned, 
 with or without hard labour, for any term not exceeding three months. 
 
 7. Any breach of contract in any of the matters or respects herein- 
 before provided, where the amount of the contract, or the amount of 
 materials furnished or money advanced, exceeds the limit of twenty- 
 four di^illars, shall be held and deemed to be a misdemeanour, and shall 
 and may be tried, heard, and determined by the Supreme Court of 
 British Guiana in its criminal jurisdiction, and the offender shall be 
 liable, on being convicted, to a fine or penalty not exceeding one 
 hundred dollars, or to imprisonment, with or without hard labour, for 
 any term not exceeding one year, or to both such fine and such 
 imprisonment. 
 
 8. The party aggrieved in any complaint to be determined by any 
 Stipendiary Magistrate or by the Supreme Court under this Ordinance, 
 shall, on conviction of the offender, be entitled to receive out of 
 any fine or penalty imposed and paid such sum of money as may, in 
 the opinion of such Magistrate or Court, be adequate compensation for 
 any injury which such aggrieved party proves to have been sustained 
 by him. 
 
 9. Nothing in this Ordinance shall prejudice or affect the right of 
 lien of any trader or other person as at present existing. 
 
 10. A.11 proceedings before any Stipendiary Magistrate under this 
 Ordinance shall be conducted as near as may be according to the form 
 of procedure, and shall lie subject to the appeal, provided by any 
 Ordinances for the time being in force regulating procedure before 
 Stipendiary Magistrates in the exercise of their summary jurisdiction 
 and appeals from the decisions of Stipendiary Magistrates; and all fines 
 or penalties imposed by any such Magistrate under the authority of 
 this Ordinance, together with costs, if adjudged, shall be recovered in 
 manner directed by any such Ordinances.
 
 A.D. 1861.] D. R. COMPANY (PREFERENCE STOCK). [No. 5. 
 
 303 
 
 ORDINANCE No. 5 OF 1861. 
 
 An Ordinance to enable the Demerara Railway Com- a. d ise i. 
 pany to raise One Hundred and Fifteen Thousand * 
 
 Pounds by the Creation of Perpetual Preference 
 Stock. 
 
 [26th March, 1862.] 
 
 WHEREAS, under aijd by virtue of several Ordinances enabling 
 it in that Ijehalf, the Demerara Railway Company has heretofore 
 raised divers sums of money, partly by the issue of bonds and 
 partly by the creation of preference stock, and there is now a 
 considerable amount due by the said Company for capital and interest 
 in respect of the moneys so raised and otherwise ; 
 
 And whereas it is deemed expedient that the said Company should 
 be authorized to raise, in manner hereinafter appearing, the sum of 
 one hundred and fifteen thousand pounds for the purpose not only of 
 improving and completing the Railway to Mahaica, in accordance with 
 the terms of Ordinance No. 2.3 of 1859, and of the plan submitted to 
 and approved by the Governor and Court of Policy, but also of satisfy- 
 ing and extinguishing all claims in respect of bonds and preference 
 stock heretofore issued and created as above mentioned, and all other 
 debts and liabilities of the said Company : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Demerara Railway Company Short title. 
 (Preference Stock) Ordinance, 1861. 
 
 Power to the 
 
 Demerara 
 
 Railway 
 
 Company 
 
 to create 
 
 preference 
 
 stock not 
 
 exceeding 
 
 £115,000, 
 
 for certain 
 
 purposes. 
 
 2. It shall be lawful for the Demerara Railway Company to create 
 and issue perpetual preference stock of the said Company to an amount 
 not exceeding one hundred and fifteen thousand pounds in the whole, 
 in order thereby to raise a sum of not less than thirty thousand pounds 
 for the purposes mentioned in that behalf in the said Ordinance No. 23 
 of 1859, and also to provide the means, by exchange, adjustment, or 
 otherwise, of satisfying, liquidating, and extinguishing all claims now 
 existing in respect of bonds and preference stock heretofore issued and 
 created respectively by the said Company, and all other existing debts 
 and liabilities of the said Company : Provided always that no portion 
 of the said perpetual preference stock shall be issued below par, but 
 for every one hundred pounds thereof the said Company shall receive 
 not less than one hundred pounds sterling in cash, or the surrender of 
 a bond or bonds, or existing preference stock, in respect of which the 
 principal or capital and the interest due amount to not less than one 
 hundred pounds. 
 
 3. — (1.) The preference stock to be created and issued by virtue of Rate of interest 
 
 the provisions of this Ordinance shall bear interest perpetually at the st'oc^k^and"''^ 
 
 rate of seven per cent, per annum, and such interest, after the satis- paj-ment 
 
 faction of all existing bonds and preference stock of the said Company thereof. 
 as aforesaid, shall have priority and be payable out of the net revenue
 
 304 
 
 No. 5.] THE LAWS OF BRITISH GUIANA : [A.D. 1861. 
 
 Exchange of 
 existmg bonds 
 or preference 
 stock for new 
 bonds or stock. 
 
 Saving of 
 provisions of 
 Ordinances 
 and deed of 
 Settlement of 
 the Company. 
 
 of the said Company in each year before any dividend is paid on the 
 ordinary capital stock of the said Company. 
 
 (2.) If tLe said net revenue is in any year insufficient to pay the 
 whole interest at the rate aforesaid on the said perpetual preference 
 stock, the unpaid portion thereof shall remain chargeable on the net 
 revenues of all further years until the same is paid off, and all such 
 arrears shall rank in point of priority next after the said interest of 
 seven per cent, per annum payable for the current year ; but in every 
 other respect the said perpetual preference stock shall be subject to 
 the same provisions and regulations as the said ordinary stock of the 
 said Company : Provided always that it shall be lawful for the said 
 Company, if it is deemed expedient, by resolution to be passed at a 
 genei'al meeting of the shareholders and holders of existing bonds and 
 preference stock of the said Company, to declare that the preference 
 stock to be issued for the purpose of raising a sum of not less than 
 thirty thousand pounds shall have priority and preference in regard 
 to the payment of interest and every or any other respect over all 
 the other preference stock to be issued under this Ordinance ; and 
 in such case it shall be lawful for the said Company to issue such first 
 preference stock at any rate of interest not exceeding seven per cent, 
 per annum that may be deemed necessary. 
 
 4. It shall be lawful for the said Company to satisfy and extinguish 
 all bonds and preference stock heretofore issued and created liy the 
 said Company by issuing to the respective holders thereof (with their 
 consent), in exchange for the same, perpetual preference stock, not ex- 
 ceeding in amount in each case the capital and interest due and out- 
 standing in respect of the bonds and preference stock so satisfied and 
 extinguished. 
 
 5. All the clauses, powers, provisions, matters, and things which 
 are contained in the several Ordinances relating to the said Company, 
 and in the Deed of Settlement of the said Company, except so far as 
 the same are repugnant to or inconsistent with this Ordinance or any 
 part thereof, or are hereby altered or otherwise provided for, shall 
 remain in full force and effect to all intents and purposes, and be ap- 
 plicalile to and form part of this Ordinance and be construed together 
 therewith in the same way as if the same were herein rejDeated. 
 
 A.D. 1862. 
 
 ¥ 
 
 Ordinance 
 No. 14 of 1870 
 incorporated. 
 
 ORDINANCE No. 1 OF 1862. 
 
 An Ordinance to enable Commissioners of Inquiry to 
 summon Witnesses and to examine them upon 
 Oath. 
 
 [2n(l April, 1862.] 
 
 WHEREAS it is expedient that all Commissioners who may 
 be appointed by the (Governor to inquire into the conduct of 
 any public officer, or into any matter relating to the public 
 service, should be empowered to summon witnesses and to examine 
 them upon oath : 
 
 \
 
 A.D. 1862.] COMMlSSIOSi:iiS OF INQUIRY. 
 
 [No. 1. 
 
 305 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Commissioners (Examination Short title, 
 of Witnesses) Ordinance, 1862. 
 
 2. All Commissioners who may be at any time appointed by the 
 Governor, under the Public Seal of the Colony, to in(iuire into the 
 conduct of any public officer, or into any matter relating to the public 
 service, or into any matter of public interest or concern may summon 
 all witnesses they may consider necessary, and who they may have 
 reason to believe will not attend voluntarily, and may examine every 
 witness upon oath touching the subject-matter of every such inquiry. 
 
 3. — (1.) Every witness who may be examined in pursuance of this 
 Ordinance shall, if so directed by any such Commissioners of Inquiry, 
 give his evidence upon oath, which oath may be administered by any 
 one of the said Commissioners. 
 
 (2.) Every such witness who wilfully gives false evidence shall be 
 deemed guilty of perjury, and shall be liable to punishment accordingly. 
 
 4. — (1.) AH summonses issued under this Ordinance shall be served 
 and executed by the Registrar or one of the Marshals. 
 
 (2.) For the making and service of each copy of any such sum- 
 mons, the Registrar shall be allowed to charge the sum of fifty cents 
 and no more, and for travelling expenses or distance money the fees 
 chargeable by the Provost Max'shal under the Fees and Costs (Supreme 
 Court) Ordinance, 1855.^ 
 
 5. In case any witness residing in any part of the Colony whose 
 evidence may be required before any such Commissioners of Inquiry 
 refuses or neglects to attend, without lawful excuse, or refuses to be 
 sworn or to give evidence when sworn, or is guilty of any other con- 
 tempt or of disobedience to the lawful order of such Commissioners, it 
 shall be lawful for any Judge of the Supreme Court of British Guiana, 
 on motion made to him by any person interested in the proceedings, 
 to cause sucli witness to be brought before him, and to sentence such 
 witness to a fine Jiot exceeding ninety-six dollars, and to imprison- 
 ment for any term not exceeding thirty days, unless such fine is paid, 
 and to make such order as to costs as to him may seem proper : Pro- 
 vided that no process shall issue against any such witness as aforesaid 
 unless the Judge is satisfied that the witness was duly summoned, and 
 that a sum had been tendered to him or lodged with the Registrar 
 sufficient for the payment of his I'easonable 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 Supreme 
 Court of British Guiana in its criminal jurisdiction. 
 
 6. All witnesses summoned by any Commissioners of Inquiry under 
 this Ordinance shall be paid from and out of the vote for the contingent 
 expenses of justice, upon the warrant of the Governor, on their bills 
 being duly taxed by the Clerk of the Supreme Court of British Guiana 
 in its criminal jurisdiction according to the tariff of fees prevailing in 
 the said Court. 
 
 Power to 
 
 Coinmissioners 
 of luijuiry to 
 suninion 
 witnesses and 
 examine them 
 upon oatli. 
 
 Mode of 
 givuig evidence, 
 
 etc. 
 
 Service of 
 process. 
 
 Liability to 
 punishment 
 of witness in 
 contempt. 
 
 See now, however, No. 17 of 1901, s. 4. 
 
 Payment of 
 witnesses. 
 
 See Ordinance 
 No. 19 of 1893 
 Fourth 
 /Schedule.
 
 306 No. 2.] THE LAWS OF BRITISH GUIANA: [A.D. 1862. 
 
 A.D. 1862. 
 
 — ♦ — 
 
 Publication of 
 assessment of 
 lands. 
 
 ORDINANCE No. 2 OF 1862. 
 
 An Ordinance to vest in Her Majesty certain Parcels 
 of Land in the Town of New Amsterdam for the 
 Establishment of a Public Hospital. 
 
 [3rd May, 1862.] 
 
 WHEREAS, for the public benefit and convenience, it was, on the 
 3rd day of January, 1862, resolved by the Governor and 
 Court of Polic)' that a Public Hospital should be estaljlished 
 in the Town of New Amsterdam, on the portions of land hereinafter 
 more particularly described, the same being the most eligible site for 
 that purpose ; 
 
 And whereas it is expedient that the said land, with all the buildings 
 and erections thereon, should be forthwith vested in Her Majesty for 
 the pubUc use of the Colony, and that adequate compensation should 
 be made to the owners thereof and to all other parties beneficially 
 interested therein : — 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . When and so soon as the amount payable to the owners of the 
 north half of Lot No. 26 in the Town of New Amsterdam and the 
 Mud Lot in front thereof has been assessed, the Magistrate presiding 
 at such assessment shall return the same under his hand to the 
 Governor, and the same shall be recorded in the minutes of the Court 
 of Policy', and shall be published in Tlie O^cial Gazette for general 
 information. 
 
 Vesting of 
 lands in the 
 Crown. 
 
 2. Immediately on such publication in The Official Gazette, the 
 said several portions of land, with all the buildings and erections 
 thereon, shall be and become absolutely vested in Her Majesty for the 
 public use of the Colony. 
 
 A. D. 1862 
 
 ORDINANCE No. 4 OF 1862. 
 
 An Ordinance to vest in Her Majesty a certain Piece 
 See Ordinance of Eand at Suddic, in the County of Essequebo, for 
 
 jvo. 3 0/1868. tj^e Establishment of a Court-House. 
 
 [4th October, 1862.] 
 
 WHEREAS it has been resolved by the Combined Court that 
 a Court House should be established in and for the County of 
 Essequebo ; 
 And whereas a portion of the piece of land at Suddie in the said 
 County, containing three-and-a-half acres, more or less, as defined
 
 A.D. 1863.] 
 
 ADMIRALTY LANDS. 
 
 [No. 1. 
 
 307 
 
 by the diagram made by the Crown Surveyor, dated the 5th day of 
 September, 1861, is deemed eligible for the purpose : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . On the commencement of this Ordinance, the Receiver General 
 shall enter upon and take possession of so much of the said piece of 
 land at Suddie, in the Couiitj^ of Essequebo, as is bounded on the west 
 by the public road, on the north by Belfield, on the south by Ondar- 
 neeming, and on the east by the sea, containing three-and-a-half acres, 
 more or less, and shall cause the same to be appraised by two com- 
 petent appraisers, one to be appointed by the Governor and Court of 
 Policy and the other by the proprietor or proprietors of the said piece 
 of land, or his or their lawful representative or representatives, with 
 authority on the said appraisers, in case of difference of opinion, to 
 appoint an umpire, to ascertain and fix the value of the said land and 
 of any buildings thereon, and upon the value thereof being so ascer- 
 tained and fixed, the same shall be paid over to the proprietor or pro- 
 jtriptors of the said piece of land, or, if need be, deposited in the 
 Registrar's Office of Demerara and Essequebo, ad opus jus habeatium, 
 and thereupon the said piece of land with all the buildings thereon, 
 shall be vested in and be the property of Her Majesty, for the public 
 use of the Colony ; and the Court House for the said County, including 
 all the requisite accommodation, shall be erected thereon. 
 
 Certain land 
 at Buddie in 
 Essequebo to 
 be tiiken for 
 public purposes 
 and a Court- 
 House for tlie 
 Comity to be 
 erected thereon. 
 
 ORDINANCE No. 1 OF 1863. 
 
 An 
 
 Ondinance for vesting all Lands, Buildings, and 
 Property in this Colony occupied by or for the 
 Naval Service of the United Kingdom of Great 
 Britain and Ireland in the Lord High Admiral, or 
 the Commissioners for executing the OfHce of 
 Lord Hiu-h Admiral, of the said United Kingdom 
 
 for the time being. 
 
 [7th March, 1863.] 
 
 WHEREAS it is expedient that all lands, buildings, and property 
 in this Colony which may have been at any time hei'etofore 
 purchased for the use of the Naval Service of the United 
 Kngdom of Great Britain and Ireland, or which may hereafter be pur- 
 chased or in any manner used and occupied by or for the said service 
 in this Colony, should be vested in the Lord High Admiral of the said 
 United Kinsrdora or the Conunissioners for executing the Office of 
 
 A.D. 1863. 
 
 — ♦ — 
 
 Lord High Admiral aforesaid for the time being : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of PoUcy thereof as follows : — 
 
 1. This Ordinance may be cited as the Admiralty (Vesting of Lands) Short title. 
 Ordinance, 1863. 
 
 VOL. I. 21
 
 308 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1863. 
 
 Vesting of 
 lands, etc., in 
 the Colony 
 occupied by or 
 for the Naval 
 Service of the 
 United King- 
 dom in the 
 Lord High 
 Admiral or the 
 Connnissioners 
 for executing 
 the said office. 
 
 Vesting of 
 futm-e acquired 
 lands, etc., in 
 like manner. 
 
 Vestuig in 
 successors in 
 case of death, 
 etc., of any 
 Commissioner. 
 
 2. From and after the commencement of this Ordinance, all lands, 
 tenements, and hereditaments, erections, buildings, and property what- 
 ever in this Colony which have been conveyed to or are vested in any 
 person or persons, or are held or in any manner occupied by or in the 
 name of any person or persons, in trust for Her Majesty or Her Royal 
 Predecessors, and Her or their heirs or successors, for the use of the 
 Naval Service of the said United Kingdom, or of any of the depart- 
 ments of or belonging to the said Naval Service, by whatever mode 
 of conveyance, or by whatever title, or for whatever estate or interest 
 therein the same may have been conveyed or be vested, held, or occu- 
 pied, together with the rights, memVjers, servitudes, and appurtenances 
 to the same respectively belonging, shall be and become and remain and 
 continue vested in the Lord High Admiral of the said United Kingdom 
 or the Commissioners for executing the Office of Lord High Admiral 
 aforesaid for the time being, according to the respective nature and 
 quality of the said lands, tenements, and hereditaments, and the several 
 estates and interests of and in the same respectively, in trust for Her 
 Majesty, Her heirs and successors, for the public service. 
 
 3. From and after the purchase and conveyance, transport, grant, 
 or demise thereof, all other lands, tenements, aiid hereditaments which 
 may at any time or times hereafter be purchased, taken, held, or occu- 
 pied in this Colony by the Lord H igh Admiral or the Commissioners 
 for executing the Office of Lord High Admiral aforesaid for the time 
 being, or by any person or persons by his or their order, for the Naval 
 Service of the said L^nited Kingdom, or of any of the departments of 
 or belonging to the said Naval Service, and all erections and buildings 
 which are then or may thereafter be erected or built thereon, with the 
 rights, members, servitudes, and appurtenances to the same respectively 
 belonging, shall in like manner be and become and remain and con- 
 tinue vested in the Lord High Admiral of the said United Kingdom 
 or the Commissioners for executing the Office of Lord High Admiral 
 aforesaid for the time being, and his or their successors in the said 
 office, according to the respective nature and quality of the said lands, 
 tenements, and hereditaments, and the several estates and interests of 
 and in the same respectively, in trust as aforesaid. 
 
 4. On the death, resignation, or removal of the present Commis- 
 sioners for executing the office of Lord High Admiral of the said United 
 Kingdom or of any of them, or of any future such Commissioners, or 
 of any Lord High Admiral of the said United Kingdom, all such lands, 
 tenements, and hereditaments respectively shall become vested in and be 
 held by the succeeding Commissioners for executing the Office of Lord 
 High Admiral aforesaid or by the Lord High Admiral aforesaid, as the 
 case may he, and so in pei'petual succession, according to the respec- 
 tive nature and quality of the said lands, tenements, and hereditaments, 
 and the several estates and interests of and in the same respectively, 
 in trust as aforesaid. 
 
 Mode of 
 describing 
 Commissioners 
 in deed, etc., 
 and execution 
 thereof. 
 
 5. In all deeds, conveyances, transports, letters of decree, leases, 
 contracts, and other instruments touching any estate, property, matter, 
 or thing in ihis Colony relating to the Naval Service of the said United 
 Kingdom or to any department under the control of the Commissioner.s 
 for executing the Office of Lord High Admiral aforesaid, or whereto 
 they or any of them are parties, it shall be sufficient to describe them
 
 A.D. 1863.] 
 
 ADMIRALTY LANDS. 
 
 [No. 1. 
 
 generally l>y the style and title of "The Commissioners for executing 
 the Office of Lord High Admiral of the United Kingdom of Great 
 Britain and Tnilaiid," without expressing their names ; and all such deeds, 
 conveyances, transports, letters of decree, leases, contracts, and other 
 instruments, wherein the said Commissioners are so descrilied, and the 
 execution or signature thereof by any two of them under their respec- 
 tive hands and seals, or by any person duly authorized by any two 
 or more of them under their respective hands and seals, shall be as 
 valid and eflfectual to all intents and purposes ars if they or any of 
 them had been expressly named therein and had executed or signed 
 the same. 
 
 309 
 
 6. It shall ])e lawful for the said Commissioners or any two or more 
 of thein, or any person authorized by any two or more of them under 
 their respective hands and seals, or the Lord High Admiral afoie- 
 said or any person authorized l)y him as aforesaid, to sell, exchange, or 
 in any manner dispose of, or let or demise, any of the lands, tenements, 
 and hereditaments respectively which ma}^ be vested in them under 
 or by virtue of this Ordinance, with their respective appurtenances, 
 either by public auction or private contract, and in due form of law to 
 transport, convey, surrender, assign, or make over, or grant, or demise 
 the same respectively, as the case may require, to any person or persons 
 who may be willing to purchase or take the same respectively ; and 
 also to do any other act, matter, or thing in relation to any such lands, 
 tenements, and hereditaments which they or he may deem l)eneficial 
 for the public service in relation thereto, or for the better management 
 thereof, which might l>e done by any person or persons having a like 
 interest in any such lands, tenements, or hereditaments. 
 
 7. — (1.) It shall be lawful for the said Commissioners or the Lord 
 High Admiral aforesaid for the time being, by themselves or himself, 
 or by any person authorized by any two or more of the said Commis- 
 sioners or by the Lord High Admiral aforesaid under their hands and 
 seals or his hand and seal, and they are hereby authorized and 
 empowered, to bring, prosecute, and maintaui in this Colony any action, 
 suit, or other proceedings at law or in equity for recovering possession 
 of any lands, tenements, or hereditaments by this Ordinance vested in 
 them or him as aforesaid, and to distrain or sue for any arrears of 
 rent which may become due for or in respect thereof, under any demise 
 from the said Commissioners or Lord High Admiral, or from any 
 person or persons on their or his behalf or on behalf of Her Majesty, 
 and also to bring, prosecute, or mamtain, or to defend, in this Colony 
 any other action or suit in respect of or in relation to the said lands, 
 tenements, or hereditaments, or any trespass or encroachment committed 
 thereon or damage or injury done thereto. 
 
 (2.) In every such action or suit the said Commissioners shall be 
 called " The Commissioners for executing the Office of Lord High 
 Admiral of the United Kingdom of Great Britain and Ireland," without 
 naming them ; and no such action or suit shall abate, by the death, 
 resignation, or removal of such Commissioners, or any of them, or of 
 such Lord High Admiral, any law, custom, or usage to the contrary 
 notwithstanding. 
 
 (3.) The said Commissioners or Lord High Admiral shall be 
 entitled to recover costs for and on behalf of Her Majesty, where 
 judgment is given for the Crown, and shall be liable to pay costs where 
 
 VOL. I. ^1a 
 
 Power to tlie 
 Coininissioners 
 to sell, let, 
 and dispose of 
 property. 
 
 Actions, etc., 
 by and against 
 the Coni- 
 missiouers.
 
 310 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1863. 
 
 judgment is given against the Crown, in any such action, suit, or 
 other proceeding in like manner, and subject to the same rules and 
 provisions, as though such action, suit, or other proceeding had been 
 had between. subject and subject. 
 
 ORDINANCE No, 1 OF 1864. 
 
 A.D. 1864. 
 
 Short title. 
 
 Licensing of 
 
 Emigi'ation 
 
 Agent. 
 
 An Ordinance for the Punishment of Unlicensed 
 Persons acting as Agents for the Collection and 
 Removal of Emiojrants from this Colony. 
 
 [2nd March, 1864.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 B 
 
 1. This Ordinance may be cited as the Emigration Kegulation 
 Ordinance, 1864. 
 
 2. — (1.) No person shall act as an agent to collect emigrants and to 
 arrange for their conveyance to any other Colony or place unless he is 
 first authorized by the Governor to act as such agent, by licence under 
 his hand and seal, subject to such rules and regulations as he may from 
 time to time, with the advice and consent of the Court of Policy, 
 prescribe. 
 
 (2.) Any such licence may be provisionally suspended or absolutely 
 revoked by the Governor at any time, for such cause as he may deem 
 sufficient. 
 
 Notification of 3. AH such licences, and all suspensions and revocations of the same 
 licence, etc. as aforesaid, shall be duly notified in The Official Gazette. 
 
 Punishment of 
 person acting 
 without 
 licence. 
 
 Acts sufficient 
 to constitute 
 offence. 
 
 4. Every person who acts 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 Governor as afore- 
 said, and every person who in any manner aids or abets such person so 
 acting as agent, without being duly licensed by the Governor as afore- 
 said, shall be guilty of an offence, and being convicted thereof, shall 
 be liable to a penalty of ninety-six dollars, and, in default of payment, 
 to imprisonment, with or without hard labour, for any term not exceed- 
 ing six iiKHiths, or to both such fine and such imprisonment. 
 
 5. In order to constitute an offence against this Ordinance, it shall 
 be sufficient to prf>ve that the person charged as not being a duly au- 
 thorized agent for emigrants offered to engage persons of the labouring 
 class to serve in some other Colony or place, either under indenture 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 
 l)efore or sulisequently to the embarkation of the labourers, or the pro- 
 vision of clothes, implements, or other necessaries, or that he arranged 
 for the conveyance of such persons in contravention of the Imperial
 
 A.D. 1864.] 
 
 PASSENGERS. 
 
 [No. 4. 
 
 31 
 
 Passengers Act and that such persons were actually on hoard (jf a vessel l« & 1^ Vict, 
 
 with the intention of leaving the Colony. *"■ '^^■ 
 
 6. All coiiiplaiiits f(jr offences against this Ordinance shall and inav Procedure 
 
 he heard and determined hy any Stipendiary Magistrate, who is hereljy '*'"* appeal, 
 invested with full power, authority, and jurisdiction to adjudicate 
 upon the .same, and the procedure shall be in manner and foi-m, and 
 
 shall be subject to the appeal, pro\ided by any Ordinances for the time s^i Ordinanres 
 
 being in force regulating procedure before Stipendiary Magistrates in -^o. 12 of 1893 
 
 the exercise of their summary jurisdiction and appeals from the decisions "^93* °' "^ 
 of Stipendiary Maj;istrates. 
 
 ORDINANCE No. 4 OF 1864. 
 
 An Ordinance to make better provision for the Con- 
 veyance of Passengers between this Colony and the 
 Neighbouring Colonies and Places. 
 
 [13th July, 18(34.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of PoHcy thereof, as follows : — - 
 
 B 
 
 A.D. 1864. 
 
 ' — ♦ — 
 Ordinance 
 Xo. 34 of 1861 
 incorporated. 
 
 1, This Ordinance may be cited as the Passengers Ordinance, 1864. Short title. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 " Statute adult " signifies any person of the age of twelve, years or 
 upwards, or any two persons above the age of one and under 
 the age of twelve years : 
 
 " Passenger ship '' signifies every description of sea-going vessel, 
 whether British or Foreign, carrying any passenger or passen- 
 gei-s upon any inter-colonial voyage : 
 
 " Master " signifies the person who is borne on the ship's articles 
 as master, or who, other than a pilot, is for the time being in 
 charge or command of any such passenger ship : 
 
 " Inter-colonial voyage " signifies any voyage from any place in 
 this Colony to any other place whatever, where the distance 
 between such places does not exceed four hundred miles, or the 
 dui'ation of the voyage, to be presci'ibed as heremafter men- 
 tioned, does not exceed three days. 
 
 3. Nothing in this Ordinance shall be construed to interfere with or 
 prevent the operation of the Passengers Act, 1855, or of any other 
 Act of Parliament altering or amending the same ; and this Ordinance 
 shall only apply to inter-colonial voyages as hereinafter defined. 
 
 4. The Comptroller of Customs and all other Officers of Customs in 
 the Colony, and the respective Harbour Masters of the Ports of George- 
 town and New Amsterdam, shall be and they are hereby respectively 
 empowered to carry this Ordinance into execution ; and all Stipendiary 
 Magistrates, and all Commissaries of Taxation and Revenue Officers, 
 
 Interpretation 
 of terms. 
 
 Operation ai;d 
 application of 
 the Ordinance. 
 IS & 19 Vict, 
 c. 119. 
 
 Officers to 
 execute and to 
 aid in execution 
 of the 
 Ordinance.
 
 312 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [ A.D. 1864. 
 
 and all police officers and constables shall be, and they are hereby- 
 required to be, aiding and assisting in the execution of this Ordinance. 
 
 Duty of master 
 of vessel to 
 afford facilities 
 for inspection 
 by officer. 
 
 Proportion of 
 passengers to 
 tonnage. 
 
 Making 
 declaration in 
 writing by 
 master before 
 clearing. 
 
 Prohibition of 
 passenger sbip 
 proceeding to 
 sea until master 
 has certificate 
 of clearance. 
 
 5. — (1.) The master of every vessel, whether a passenger ship or 
 otherwise, fitting or intended for the carriage of passengers, or which 
 carries passengers, upon any voyage to which this Ordinance extends 
 shall afford to the Comptroller of Customs and to all other Officers 
 of Customs in the Colony, to the respective Harbour Masters, Justices, 
 Commissaries of Taxation, Revenue Officers, and police officers and 
 constables aforesaid, every facility foi' inspecting such vessel, and for 
 communicating with the passengers, and for ascertaining that the 
 provisions of tliis Ordinance, so far as the same may be appHcable to 
 such vessel, have been duly complied with. 
 
 (2.) Any such master wlio fails or neglects to comply with the 
 requirements of this section shall, on being convicted, be liable to a 
 penalty not exceeding two hundred and forty dollars. 
 
 6. — (1.) No passenger ship employed in carrying passengers on any 
 inter-colonial voyage shall carry a greater number of persons, including 
 every individual on board, than in the proportion of one statute adult 
 for every ton of her registered tonnage. 
 
 (2.) If there is on board of any such ship at and after the time 
 of clearance a greater number of persons than in the pioportion afore- 
 said, the master of such ship shall, on being convicted, be liable to a 
 penalty of not less than twenty-four dollars and not exceeding ninety- 
 six dollars for each person constituting such excess. 
 
 7. — (1.) The master of every passenger ship shall, before demanding 
 a clearance for such ship, make a declaration in writing, in such form as 
 may be appointed or required by the Comptroller of Customs, and shill 
 correctly set forth therein the name of such ship, the name of the 
 master, and the number of tons of the registered burden of such ship, 
 and also the number, names, sex, and age of the several persons on 
 board of such ship ; and the said declaration shall be signed and 
 affirmed by the master before the principal Officer of Customs at the 
 port of clearance, and shall be delivered by the master to such officer. 
 
 (2.) Any person who wilfully and corruptly makes and signs any 
 such declaration, knowing the same to be untrue in any material par- 
 ticular, shall be deemed guilty of a misdemeanor, and, being convicted 
 thereof before the Supreme Court of British Guiana in its criminal 
 jurisdiction, shall be hable to imprisonment, with or without hard 
 labour, for any term not exceeding one year. 
 
 8. — (1.) No passenger ship shall clear out or proceed to sea until 
 the master thereof has obtained from the principal Officer of Customs 
 at the port of clearance a certificate of clearance, under his hand that 
 all the requirements of this Ordinance have been duly complied with, 
 and that the number of persons on board such ship does not exceed the 
 number limited by this Ordinance. 
 
 (2.) If any passenger ship clears out or proceeds to sea without 
 the master having obtained such certificate of clearance, or if, at any 
 time after he has obtained such certificate, any additional persons are 
 taken or are permitted to remain on board, such sliip shall be forfeited 
 to His Majesty, for the public use of the Cokjny, and may be seized 
 by any officer empowered to carry this Ordinance into execution, or by
 
 A.D. 1864.] 
 
 MERCHANT SHIPPING. 
 
 [No. 6. 
 
 313 
 
 any person authorized to aid and assist in the execution of this Ordin- 
 ance, if found within two years in any port or place in this Colony, 
 aod such ship shall thereupon be dealt with in the same manner 
 as if she had been seized or forfeited under any of the Ordinances 
 relatini^ to the Colonial Customs for any offence incurring forfeiture -SVc OnUmince 
 under those Ordinances. '^'''- ' °-f ^^**- 
 
 J'unalty on 
 lierson found 
 on board 
 without 
 
 permission and 
 on jjerson 
 aiding. 
 
 9. — (1.) If any person is found on board any passenger ship with 
 intent to obtain a passage therein without the consent of the owner, 
 charterer, or master, such person, and every person aiding and abetting 
 him in such fraudulent intent, shall respectively, on l^eing convicted, 
 be liable to a penalty of twenty-four dollars, and, in default of payment, 
 to imprisonment, with or without hard labour, for any term not 
 exceeding three months. 
 
 (2.) Any such person so found on board may Ije taken before any 
 Stipendiary Magistrate without warrant, and such Magistrate may 
 forthwith hear the case, and, on proof of the oifence, convict such 
 offender. 
 
 10. It shall be lawful for the Governor, by any Proclamation to be 
 by him from time to time issued for that purpose, which shall take 
 effect from the issuing thereof, to declare what shall be deemed, for the 
 purposes of this Ordinance, to be the length of the voyage of any ship 
 carrying passengers from any place in this Colony to any other place 
 whatever. 
 
 1 1 . All penalties and forfeitures imposed by this Ordinance may be Procedure 
 sued for by any officer empowered to carry this Ordinance into execution '^"'^ appeal, 
 before any Stipendiary Magistrate acting in the District in which the 
 prosecution is instituted ; and the procedure shall be in the manner, and 
 
 be subject to the appeal, provided by any Ordinances for the time being g^^ Ordinances 
 
 in force regulating procedure befor.i Stipendiary Magistrates in the Ao. 12 of 1893 
 
 exercise of their summary jurisdiction and appeals from the decisions ^'^93" °' 
 of Stipendiaiy Magistrates. 
 
 Power to 
 declare dura- 
 tion of voyage. 
 
 12. This Ordinance shall not extend to any of His Majesty's ships 
 of war, or to any ships in the service of the Commissioners for exe- 
 cuting the Office of Lord High Admiral of the United Kingdom, or to 
 any steam vessels regularly employed in the conveyance of the public 
 mails under conti'act with His Majesty's Government or with the 
 Government of this Colony. 
 
 Exceptions to 
 operation of 
 the Ordinance. 
 
 OKDINANCE No. 6 OF 1864. 
 
 An Ordinance to introduce into this Colony the Law 
 of Enghmd with regard to Merchant Shipping and 
 matters connected therewith. 
 
 [2nd January, 186.5.] 
 
 HEIIEAS it is expedient that the Law of England should be 
 observed in this Colony with regard to merchant shipping 
 and matters connected therewith : 
 
 w 
 
 A.D. 1864. 
 
 — ♦— -
 
 314 
 
 No. 6.] THE LA WS OF BRITISH GUIANA : [A.D. 1864. 
 
 Short title. 
 
 Interpretation 
 of teiTn. 
 
 Questions 
 relating to 
 merchant 
 shipping to be 
 determined 
 according to 
 the Law of 
 England. 
 
 Exercise of 
 jurisdiction in 
 specified 
 matters. 
 
 Saving of 
 Admiraltj' 
 jurisdiction. 
 
 See now 
 Ordinance 
 No. 7 of 1893 
 «. 34. 
 
 A.D. 1864. 
 
 - — ♦ — 
 
 Ordinance 
 No. of 1891 
 s. 7 incor- 
 porated. 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Law of Merchant Shipping 
 Ordinance, 1864. 
 
 2. In the construction and for the purposes of this Ordinance, the 
 term "ships " used therein includes every description of vessel used in 
 naidgation. 
 
 3. From and after the commencement of this Ordinance, all ques- 
 tions arising within this Colony relating to the following matters, 
 namely, ships, and the property therein, and the owners thereof, and 
 the beliaviour of the master and mariners and their respective 
 rights, duties, and liabilities as regards the carriage of passengers and 
 goods by ships ; stoppage in transitu ; freight ; demurrage ; insurance ; 
 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 aforesaid, shall be adjudged, deter- 
 mined, construed, and enforced according to the Law of England 
 applicable to such or the like case. 
 
 4. All such questions and matters as aforesaid which, according to 
 the Law of England, are cognizable and determined by or before any 
 of His Majesty's Superior Courts of Justice, or by or before any 
 County Court shall be cognizable and determined in this Colony by 
 or before the Supreme Court of British Guiana in its civil jurisdiction, 
 according to the course and practice thereof ; and all such questions 
 which, according to the Law of England, are cognizable before Justices 
 of the Peace shall in like manner be cognizable and determined by or 
 before the Stipendiary Magistrates of this Colony, according to the 
 course and practice of such Magistrates, and so that such matters as, 
 according to the Law of England, are cognizable or determined by or 
 before two Justices of the Peace may be cognizable and determined in 
 this Colony by any Stipendiary Magistrate. 
 
 5. Nothing in this Ordinance shall in any way affect His Majesty's 
 Vice-Admiralty Court of British Guiana or the jurisdiction or practice 
 thereof. 
 
 ORDINANCE No. 7 OF 1864. 
 
 An Ordinance to consolidate the loans authorized to 
 be raised for Immigration Purposes. 
 
 [2nd January, 1865.] 
 
 WHEREAS, at the Annual Meeting of the Combined Court, it 
 was, on the-20th day of June, 1864, resolved as follows : — 
 " 1. That it is expedient to consolidate the following Ordinances 
 authorizing the raising of loans for immigration purposes ; 
 namely, — 
 Ordinances No. 16 of 1855 and No. 8 of 1857, authorizing the issue 
 of bonds to the amount of £150,000 sterling, for the payment of 
 the passages of immigrants from India :
 
 A.D. 1864.] CONSOLIDATED IMMIGRATION LOAN. [No. 7. 315 
 
 Ordinances No. 5 of 18G0 and No. 17 of 1862, authorizing the i«8ue 
 of bonds to the amount of £150,000 sterling for the introduction 
 into this Colony of immigrants from China : 
 
 Ordinances No. 23 of 1856 and No. 6 of 1859, autliorizing the issue 
 of bonds to the amount of £100,000 sterling, for the payment of 
 bounty to Indian immigrants entitled to a back passage post- 
 poning their right thereto and entering into indenture for further 
 industrial service, and for paying bounty to immigrants who have 
 fulfilled their first term of indenture, entering into fresh inden- 
 tures for further industrial service. 
 
 "2. That His Excellency the Governor and the Honourable the 
 Court of Policy be requested to pass an Ordinance authorizing 
 the raising a loan for all 2'urposes mentioned in the foregoing 
 Ordinances, and also to include payment of bo.unty to Chinese 
 and other immigrants who shall renew their indentures under the 
 provisions of the Consolidated Immigration Ordinance, and also 
 the payment of the passage money and other expenses connected 
 with the introduction into this Colony of liberated Africans ; the 
 said loan not to exceed the sum of .£400,000 sterling, and interest 
 on the same not to exceed six per cent, per annum. 
 
 " 3. That, for the payment of the interest half-yearly, and the prin- 
 cipal when due, this Court pledges all the Colonial Revenues not 
 specially appropriated by any Ordinance already in force : " 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Consolidated Immigration Short title. 
 Loan Ordinance, 1864. 
 
 2. — (1.) The Government Secretary, two persons to be nominated Appomtment 
 by the Governor, not being public officers, the Receiver General, and ii^,,^,|i!)|!!ition*^'^ 
 the Immigration Agent General for the time being resijectively shall Loan Com- 
 be, and they are hereby declared to be. Commissioners for carrying nussioners. 
 into effect the purposes of this Ordinance, and they shall be called 
 "The Consolidated Immigration Loan Commissioners." (Amd. 3 of 
 1903, s. 2.) 
 
 (2.) Three of such Commissioners shall form a quorum for the 
 despatch of business, subject to the pi'ovisions hereinafter contained. 
 
 3. The Governor may from time to time, as to him may appear Purposes for 
 necessary, call upon the Commissioners to raise, in manner hereinafter ^hidi moneys 
 provided, such sums as may be required for any of the following pur- 
 poses : — 
 
 First — For the payment of the cost of the introduction into this 
 Colony of immigrants from the East Indies and China, and also 
 of liberated Africans ; and 
 
 Secontljy — For the payment of bounty to immigrants who have ful- 
 filled their first or any subseciuent terms of indenture, on their 
 entering into indenture for further industrial service. 
 
 ^o 
 
 4.- — ( 1 .) The Commissioners may from time to time, on receiving from Issue of 
 
 the Governor an application in terms of the last pi-eceding section, ^"'«'s f«»' 
 
 ,. 11 • -ii I amount to be 
 
 issue bonds m such number as may be sulhcient to provide the amount raised. 
 
 so' applied for, and in the Form contained in the Schedule to this Schedule. 
 
 Ordinance, or as near thereto as circumstances admit.
 
 316 No. 7.] THE LAWS OF BRITISH GUIANA: [A.D. 1864. 
 
 Sums to be 
 taken for 
 bonds issued. 
 
 Power to 
 appoint 
 agents in the 
 United 
 Kingdom. 
 
 Keeping of 
 accounts by 
 tlie C'onmiis- 
 sioners. 
 
 Paying over 
 of amounts 
 applied for 
 by the 
 Governor. 
 
 Crediting of 
 the Commis- 
 sioners with 
 sums received 
 by the Re- 
 ceiver General 
 from mimi- 
 grants and 
 employers. 
 
 'S'ee Ordin- 
 ance No. 18 
 0/1891. 
 
 Payment of 
 jirincipal and 
 interest of 
 bonds, and 
 investment of 
 surplus. 
 
 (2.) Each of such bonds shall be eithei' for the sum of one hundred 
 pounds sterling, or of two hundred pounds sterling, or of five hundred 
 pounds sterling, or of one thousand pounds sterling, or for any of the 
 like amounts expressed in dollars at the rate of four dollars and eighty 
 cents to the pound sterling, payable to bearer at the expiration of 
 such period not exceeding ten years after date as may from time to 
 time be fixed by the Governor-in-Council, and bearing interest at a 
 ra,te not exceeding six per cent, per annum, to be paid half-yearly : 
 Provided that the total amount of such bonds outstanding at any one 
 time shall not exceed four hundred thousand pounds sterling. (Amd. 
 6 of 1895, s. 5.) 
 
 5. The Commissioners may accept for any bonds to be issued by 
 them any svnns of money equal to or exceeding the sums mentioned in 
 the said bonds respectively, or, with the previous sanction of the 
 Governor, any sums of money less than any such sums. 
 
 6. — (i.) The Commissioners may, with the consent of the Governor- 
 in-Council, from time to time appoint an agent or agents in London or 
 elsewhere in the United Kingdom for the purpose of disposing of the 
 bonds, for receiving and paying money, and generally for all the 
 purposes of this Ordinance. 
 
 (2.) All acts done by any snch agent or agents, in conformity with 
 the terras of his or their appointment, shall be as good and valid to all 
 intents and purposes as if the same had been done by the Commis- 
 sioners. 
 
 7. — (1.) The Commissioners shall keep an account with the Receiver 
 General, and also with such bank or banks as may from time to time 
 be appointed by the Governor-in-Council, and all sums received by 
 them under any of the provisions of this Ordinance shall be deposited 
 with the Receiver General or with such bank or hanks, in such manner 
 as may from time to time be found convenient. 
 
 (2.) No sum so deposited shall be drawn out except upon a bill, 
 cheque, order, or instruction signed by thre(! of the Commissioners. 
 
 8. The Commissioners, out of tlie funds at their disposal under this 
 Ordinance, shall pay over to the Receiver General, or to such bank or 
 banks as aforesaid, any amount applied for by the Governor for any 
 of the purposes mentioned in section 3, and the Receiver General, 
 or such bank or banks, shall hold the same subject to the Governor's 
 warrant. 
 
 9. The Receiver General shall collect tind deposit to the credit of 
 the Commissioners in such bank or banks, or shall credit the Com- 
 missioners in current account, with all sums of money received or re- 
 covered hy him, under the provisions of any Ordinance for the time 
 being in force relating to Asiatic immigrants, from any immigrant or 
 employer, on account of whom any payment may have been made to 
 the Receiver General, or to such bank or banks, by the Commissioners 
 under this Ordinance. 
 
 10. The Conmiissioners shall, out of the sums to be received under 
 the provisions of the last preceding section, pay all principal and in- 
 terest becoming due upon the bonds by them issued ; and it shall be 
 lawful for the Commissioners, after making such payments, with the
 
 A.D. 1864.] CONSOLIDATED IMMIGRATION LOAN. [No. 7. 
 
 317 
 
 approval of the Governor, to invest any balance remaining to their 
 credit in such manner as to them may appear most advantageous. 
 
 11.— ('•) All the Colonial Revenues not specially appropriated by 
 any Ordinance already in force shall, during the continuance of this 
 Ordinance, be held to be pledged for the payment of the principal and 
 interest becoming due in respect of the bonds issued under the pro- 
 visions hereof. 
 
 (2.) If at any time the sums which may be credited to the Com- 
 missioners by the Receiver General, under the preceding provisions of 
 this Ordinance, are insufficient to meet any payment so Ijecoming due, 
 the Ooiuniissioners shall report the amount deficient to the Governor, 
 who shall thereupon issue his warrant to the Receiver General directing 
 him to credit the Commissioners, from any public moneys in his hands, 
 with the amount recjuired to make good such deficiency. 
 
 (3.) The Commissioners shall repay to the Receiver Genei'al any 
 sum so paid by him out of the public moneys whenever there may be 
 a balance remaining in their hands after payment of any principal or 
 interest then due upon such bonds as aforesaid. 
 
 12. — (1.) In case any bond issued under this Ordinance is by 
 accident defaced, it shall be lawful for the Commissioners to cause a 
 new Ijond to be made and delivered to the Ijearer, and to cause the 
 defaced bond to be cancelled, and the bond so cancelled shall be 
 deposited in the Office of the Receiver General. 
 
 (2.) The new bond shall bear the same number, date, and principal 
 sum, and carry the same interest, and be subject to the same rules as 
 the original bond. 
 
 13. The Commissioners on proof to their satisfaction that any bond 
 issued under this Ordinance has by accident been lost or destroyed 
 before the same has been paid off, may, if the number and amount of 
 such bond are ascertained, and on being furnished with security for 
 indenuiifying the Colonial Revenues for any loss to which they may at 
 any time be subjected by reason thereof, issue a new bond corresponding 
 witli the l)ond so lost or destroyed ; or, if any bond when so lost or 
 destroyed is overdue, they may cause the money due thereupon to be 
 paid off and discharged. 
 
 14. The Receiver General shall keep regular accounts of all the 
 receipts and disbursements of the Commissioners ; and a balance sheet 
 of such accounts shall be furnished by him to the Governor and Court 
 of Policy as soon as practicable after the thirty-first day of December 
 in each year. 
 
 15. No person shall have any right of action against the Commis- 
 sioners, or any of them, by reason of the non-payment of any principal 
 or interest which may be due upon any bond issued by them ; but any 
 such action shall be brought against the Receiver General in like 
 manner as any action brought against the said officer for the recovery 
 of any other sum due by or from the Colony. 
 
 16. From and after the connnencement of this Ordinance, the Com- 
 missioners appointed by or under the several Ordinances recited in 
 the preamble of this Ordinance shall cease to issue any bonds under 
 
 Pledging of 
 Colonial 
 Revenues for 
 iniyineut of 
 principal and 
 interest 
 Vjonds. 
 
 Replacement 
 of defaced 
 bond. 
 
 Replacement 
 of lost bond, 
 or payment 
 tliereof, if 
 overdue. 
 
 Furnisliing of 
 annual 
 balance 
 sheets. 
 
 Relief nf the 
 Commis- 
 sioners from 
 personal 
 liability, etc. 
 
 Discontinu- 
 ance of issue 
 of bonds under 
 previous
 
 318 
 
 No. 7.] THE LA WS OF BRITISH GUIANA : [A.D. 1864. 
 
 Immigration 
 Loan Ordin- 
 ances. 
 
 the said Ordinances or any of them, but they shall continue to act as 
 Commissioners under the several Ordinances aforesaid for the purpose 
 of paying as they become due all bonds issued thereunder and the 
 interest accruinsc thereon. 
 
 SCHEDULE. 
 
 FoEM OF Bond. 
 
 Ordiuiincc Xo. 7 of 1864. 
 
 Section 4. Section 2. — (1.) The 
 
 Government Seoretary, two 
 persons to be nominated by the 
 Governor not being public offi- 
 cers, the Keceiver General, 
 and the Immigration Agent 
 General for the time being 
 respectively shall be, and 
 they are hereby declared to 
 be. Commissioners for carry- 
 ing into effect the purposes of 
 this Ordinance, and they 
 shall be called the " Consoli- 
 dated Immigration Loan 
 Commissioners." 
 
 (2.) Three of such Com- 
 missioners shall form a quo- 
 rum for the despatch of busi- 
 ness, subject to the provisions 
 hereinafter contained. 
 
 Section 4. — (1.) The 
 Commissioners may from time 
 to time, on receiving from 
 the Governor an application 
 in terms of the last preceding- 
 section, issue bonds in such 
 number as may be sufficient 
 to provide the amount so 
 ajpplied for, and in the Form 
 contained in the Schedule 
 to this Ordinance, or as near 
 thereto as circumstances 
 admit. 
 
 (2.) Each of such bonds 
 shall be either for the sum 
 of one hundred pounds ster- 
 ling, or of two hundred 
 pounds sterling, or of five 
 hundred pounds sterling, or of 
 one thousand pounds sterling, 
 or for any of the like amounts 
 expressed in dollars at the 
 rate of four dollars and eighty 
 cents to tVic pound sterling, 
 payable to bearer at the ex- 
 piration of such licriod not 
 exceeding ten years after date 
 as may from time to time be 
 fixed by the Governor-in- 
 Council, and bearing interest 
 at a rate not exceeding six per 
 cent, per annun, to be paid 
 half-yearly : Provided tliat 
 the total H mount of such bonds 
 outstanding at any one time 
 shall not exceed four lumdred 
 thousand pounds sterling. 
 
 British Guiana. 
 
 Consolidated I mniiy ration Loan Bond. 
 Series No. £ 
 
 yi9i owe to 
 €^of 
 
 The Consolidated Immigration Loan Com- 
 missioners appointed under Ordinance No. 7 
 of the Year 1864, do hereby acknowledge to 
 
 or bearer, the sum 
 for the payment of which 
 at on the diy of 
 
 j^ , 1 , with interest 
 
 ^<i^^ at the rate of six per cent, per annum, 
 1^^^ payable half-yearly, at the same place, on the 
 
 days of 
 next ensuing the date of 
 
 s^''^ 
 
 >2^S^ successive 
 
 esfa&>3 this Bond, on the surrender of the respective 
 ^'Sys Interest Warrants hereto attached, the 
 .-,J^^ Colonial Revenues of British Guiana are 
 
 'e^gss pieged as security under the provisions of the 
 
 ^^aS^ said Ordinance. 
 
 Given under our hands, at the Guiana 
 Public buildings, Georgtown, Deme- 
 rara, this day of 
 
 1 
 
 
 mm 
 
 mm 
 
 Consolidated Immigration 
 Loan Commissioners.
 
 A.D. 1865.] 
 
 PENAL SERVITUDE. 
 
 [No. 1. 
 
 .319 
 
 COUPONS. 
 
 Bond No. Interest Warrant No. (Note. — 10 Coupons 
 
 The Consolidated Immigration Loan Commissioners to Le attached to each Bond.) 
 will pay the bearer on the day of 
 
 1 , at being one 
 
 half-year's interest on the Bond No. 
 
 Consolidated Immigration 
 Loan Commissioners. 
 
 ORDINANCE No. 1 OF 1865. 
 
 An Ordinance to amend tlie Law relating to Penal 
 
 Servitude. 
 
 [27tli May, 18(55.] 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. .This Ordinance may be cited as the Penal Servitude Ordinance, 
 1865. 
 
 Granting of Licence. 
 
 2.— (1. ) It shall be lawful for the Governor to gi'ant to any convict 
 heretofore sentenced to transportation or penal servitude, or who may 
 hereafter be sentenced to penal servitude, a licence under this 
 Ordinance. 
 
 (2.) It shall be lawful for the Governor at any time to revoke any 
 such licence. 
 
 3. So long as any licence granted under this Ordinance continues in 
 force and uuforfeited and unrevoked, the holder thereof shall not be 
 liable to be imprisoned by reason of his sentence, but shall be allowed 
 to go and remain at large according to the terms of such licence. 
 
 4. A licence granted under this Ordinance may be in the form set 
 forth in Form No. 1 contained in the Schedule to this Ordinance, and 
 may be written, printed, or lithographed. 
 
 5. — ( 1.) It shall be lawful for the Govex-nor, whenever he thinks fit, 
 to grant from time to time to convicts under sentence of penal ser^'itude 
 licences in any other form different from that set forth in the Schedule 
 to this Ordinance which he may consider it expedient to adopt, and 
 
 A.D. 1865. 
 
 ^— ♦ — 
 Ordinances 
 
 No. 4 of lfi85 
 ss. 4-6,' 8 
 and 9 and 
 No. 13 of 1894 
 s. 3 (6.) in- 
 corporated. 
 
 Short title. 
 
 Power to the 
 Governor to 
 gi-ant licence 
 to convict. 
 
 containing other and different conditions. 
 
 granted 
 
 (2.) A copy of any conditions annexed to any licence 
 under this section, other than the conditions contained in the form 
 set forth in the Schedule to this Ordinance, shall be laid before the 
 Governor and Court of Policy within one month after the issuing of 
 such licence. 
 
 (3.) Any licence granted under this section shall be revocable at 
 the Governor's pleasure ; but no holder of any such licence shall be 
 deemed guilty of an ofi'ence punishable on summary conviction merely 
 by reason of the breach of the conditions of such licence or any of 
 them, 
 
 Eflect of 
 licence. 
 
 Form of 
 licence. 
 
 Schedule : 
 Form No. 1. 
 
 Power to the 
 
 Governor to 
 grant licence 
 in I'onn differ- 
 infi from that 
 in Schednle.
 
 320 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1865. 
 
 Offences by 
 holder of 
 licence. 
 
 Breach of con- 
 ditions in 
 licence differ- 
 ing from those 
 in Schedule. 
 
 Obligation on 
 holder of 
 licence to 
 notify resi- 
 dence or 
 change thereof 
 to Police. 
 
 Observance of Conditions of Licence. 
 
 6. If any holder of a licence granted in the form set forth in the 
 
 Schedule to this Ordinance — 
 
 (1.) Fails to produce his licence when required to do so by any Judge, 
 or Stipendiary Magistrate, or other competent Magistrate before 
 whom he may be brought charged with any offence, or by any 
 constable or officer of Police in whose custody he may be, and also 
 fails to make any reasonable excuse why he does not produce the 
 same ; or 
 
 (2.) Breaks any of the other conditions of his licence by an act which 
 is not of itself punishable either upon indictment or upon summary 
 conviction, 
 
 he shall be deemed guilty of an offence punishable, on summary con- 
 viction, by imprisonment, with or without hard labour, for any term 
 not exceeding three months. 
 
 7. Whei'e, in any licence granted under this Ordinance, any conditions 
 different from or in addition to those contained in the form set forth in 
 the Schedule to this Ordinance are inserted, if the holder of such licence 
 breaks any such conditions by an act that is not of itself punishable 
 either on indictment or on summary conviction, he shall be guilty of an 
 offence punishable on summary conviction, and, being convicted there- 
 of, shall be liable to imprisonment, with or without hard labour, for 
 any term not exceeding three months. 
 
 8. — (1.) Every holder of a licence granted under this Ordinance who 
 is at large in the Colony shall notify the place of his residence to the 
 Police authorities of the district in which his residence is situated, and 
 shall also, whenever he changes such residence -within the same Police 
 district, notify such change to the Police authorities of that district, and 
 shall also, whenever he changes his residence from one Police District 
 to another, notify such change of residence to the Police authorities of 
 the Police District which he is leaving and to the Police authorities of 
 the Police District into which he is going to reside. 
 
 (2.) Every male holder of a licence as aforesaid shall, once in every 
 month, report himself to the Police authorities of the district in which 
 he resides at such time as may ])e prescribed by the Inspector General 
 of Police. 
 
 (3.) If any holder of a licence as aforesaid who is at large in the 
 Colony remains in any place for forty-eight houx's without notifying 
 the place of his residence to the Police authorities of the district in 
 which such place is situated, or fails to comply with the requirements 
 of this section on any change of residence, or with the requirements of 
 this section as to reporting himself, he shall in every such case, unless 
 he proves, to the satisfaction of the Stipendiary Magistrate before whom 
 he is tried, that he did his best to act in conformity with the law, be 
 guilty of an offence punishable on summary conviction, and, being con- 
 victed thereof, shall l)e liable to imprisonment, with or without hard 
 labour, for any term not exceeding three months ; or his licence may, 
 in the discretion of the Stipendiary Magistrate, be forfeited ; or, if the 
 term of penal servitude in respect of which his licence was granted has 
 expired at the date of his conviction, the Stipendiary Magistrate may 
 sentence him to imprisonment, with or without hard labour, for any
 
 A.D. 1865.] 
 
 PENAL SERVITUDE. 
 
 [No. 1. 
 
 321 
 
 term not exceeding three months, or, if the said term of penal servitude 
 has not expired, but the remainder thereof unexpired is less than three 
 months, to imprisonment, with or without hard labour, to commence at 
 the oxpii-atioii of the said term of penal servitude, for such a term as, 
 together with the remainder unexpired of his said term of penal 
 servitude, will not exceed three months : 
 
 Provided always that the Governor may, in any licence as aforesaid, 
 exempt the holder thereof from all or any of the requirements of this 
 section. 
 
 9. Every holder of a licence granted under this Ordinance who is Mode of noti- 
 required to notify his residence or any change of his residence, or to |jt"?gl.[d^e^,ce! 
 report himself, to the Police authorities of a district shall comply with etc. 
 such requirement by making the )iotification to the Inspector of Police 
 of the district in which the residence is situated or by personally pre- 
 senting himself and declaring his place of residence to the constable or 
 person who, at the time when such notification is made, is in charge of 
 the Police Station nearest to such residence, or as may be otherwise 
 directed by the Inspector General of Police ; and it shall be the duty of 
 the Police in each case to endorse on the licence every change of resi- 
 dence so notified and every report so made. 
 
 10. — (1.) Any appointment, direction, or authority purporting to be Proof of ap- 
 signed by the Inspector General of Police and to have been made or ^t""! mTde'by 
 given for the purposes of this Ordinance shall be evidence, until the the Inspector 
 contrary is proved, that the appointment, direction, or authority there- ^e^eral of 
 by made or given was duly made or given by the Inspector General of ' 
 
 Police. 
 
 (2.) Evidence that it appears from the records kept by authority 
 of the Inspector General of Police that a person required, as herein- 
 before mentioned, to notify his residence or change of residence, or to 
 report himself, has failed to comply with such x-equireraent shall be 
 prima farie evidence that such person has not complied with such re- 
 quirement, but if the person charged alleges that he made such notifica 
 tion or report to any particular person or at any particular time, the 
 Court shall require the attendance of such persons as may be necessary 
 to prove the truth or falsehood of such allegation. 
 
 11. Any constable or police officer may, without warrant, take into 
 custody any holder of a licence granted under this Ordinance whom he 
 may reasonably suspect of having committed any oftence, or of having 
 broken any of the conditions of his licence, and may detain him in 
 custody until he can be taken before a Stipendiary Magistrate or other 
 competent Magistrate, and dealt with according to law. 
 
 1 2. — (1 .) Any police constable may, if authorized to do so in writing 
 by an Inspector or non-commissioned ofhcer of Police or by the officer 
 in charge of any Police Station, without warrant, take into custody and 
 bring before a Stipendiary Magistrate for adjudication any holder of a 
 licence granted under this Ordinance, if it appears to such police con- 
 stable that such holder is getting his livelihood by dishonest means. 
 
 (2.) If the facts proved before such Stipendiary Magistrate show 
 reasonable grounds for believing that such holder is getting his liveli- 
 hood by dishonest means, such holder shall be deemed to be guilty of 
 an offence punishable ou summary conviction, and his licence shall be 
 forfeited. 
 
 Apprehension 
 of holder of 
 licence with- 
 out warrant in 
 certain cases. 
 
 Apprehension, 
 under written 
 authority, of 
 holder of 
 licence appar- 
 ently living by 
 dishonest 
 means.
 
 322 
 
 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1865. 
 
 Forfeiture of 
 licence. 
 
 Proceedings 
 where holder 
 of licence is 
 sununarily 
 convicted. 
 
 Schedule : 
 Form No. 2. 
 
 Procedure on 
 revocation of 
 licence. 
 
 Effect of for- 
 feiture or re- 
 vocation of 
 licence. 
 
 Committal to 
 prison of 
 holder of for- 
 feited licence. 
 
 Forfeiture and Revocation of Licence. 
 
 13. If any holder of a licence granted in the form set forth in the 
 Schedule to this Ordinance is convicted, either by the verdict of a Jury 
 or upon his own confession, of any offence for which he is indicted or 
 charged, his licence shall be forthwith forfeited by virtue of such con- 
 viction. 
 
 14. Where any holder of a licence granted in the form set forth in 
 the First Schedule to this Ordinance is convicted of an offence punish- 
 able on summary conviction under this or any other Ordinance, the 
 Justice or other Magistrate convicting the prisoner shall without delay 
 forward to the Government Secretary a certificate in the form set forth 
 in Form No. 2 contained in the Schedule to this Ordinance, and there- 
 upon the licence of such holder may be revoked in manner hereinafter 
 provided. 
 
 15. — (1.) If it pleases the Governor to revoke any licence granted 
 under this Ordinance, it shall be lawful for the Government Secretary to 
 signify, under his hand, to any Stipendiary Magistrate that such licence 
 has been revoked, and to require such Magistrate to issue his warrant 
 for the apprehension of the person to whom such licence was granted ; 
 and such Magistrate shall issue his warrant accordingly, and such 
 warrant shall and may be executed by any police officer or constable. 
 
 (2.) Such person, when apprehended under such warrant, shall he 
 brought as soon as conveniently may be before a Stipendiary Magis- 
 trate, who shall thereupon make out his warrant for the re-commitment 
 of such person to the Prison from which he was released by virtue of 
 his licence or to any other Convict Prison. 
 
 16. Where any licence granted in the form set forth in the First 
 Schedule to this Ordinance is forfeited by a conviction of any indict- 
 able offence, or is revoked in pursuance of a summary conviction under 
 this or any other Ordinance, the person whose licence is forfeited or 
 revoked shall, after undergoing any other punishment to which he ma}'- 
 be sentenced for the offence in consequence of which his licence is for- 
 feited or revoked, further undergo a term of penal servitude equal to 
 the portion of his term of penal servitude that remained unexpired at 
 the time of his licence l^eing granted, and shall, for the purpose of his 
 undergoing such last-mentioned punishment, be removed from the 
 Prison in which he may be confined to any Prison in which convicts 
 under sentence of penal servitude may lawfully be confined, by warrant 
 under the hand of any Justice of the Peace, and shall be liable to be 
 there dealt with in all respects as if such term of penal servitude had 
 formed part of his original sentence. 
 
 1 7. Where any offence involves a forfeiture of a licence granted under 
 this (Jrdmance, the Court by which the offender is convicted may com- 
 mit him to any Prison, there to remain until he can conveniently be 
 removed to undergo the term of penal servitude to which he is lia]>le, 
 and any person while so committed shall be kept to hard labour. 
 
 Procedure and 
 appeal. 
 
 (S'cfi Ordinance 
 No. 12 of 
 1893. 
 
 Procedure. 
 
 18. Any offence under this Ordinance punishable on summary con- 
 viction may be prosecuted summarily before any Stipendiary Magis- 
 trate in manner directed by any Ordinance for the time being in force
 
 A.D. 1865.] 
 
 PENAL SERVITUDE. 
 
 [No. 1. 
 
 323 
 
 regulating procedure before Stipendiary Magistrates in the exercise of 
 their summary jurisdiction, and the proceedings shall be subject to the 
 appeal provided by any Ordinance for the time being in force regulating 
 appeals from the decisions of Stipendiary Magistrates. 
 
 See Ordinance 
 No. 13 of 
 1893. 
 
 British Guiana. 
 
 SCHEDULE. 
 
 FORMS. 
 
 Form No. 1. 
 
 Licence to Convict. 
 
 Section 4. 
 
 Guiana PubUc Buildings, Georgetown, this day of 1 
 
 His Excellency the Governor of British Guiana, in the name and on behalf of 
 His Majesty, is pleased to grant to who was convicted of 
 
 at a Session of the Supreme Court of British Guiana in its criminal 
 jurisdiction for the County of on the day of 
 
 1 , and was then and there sentenced to be kept in Penal Servitude for the term 
 of years, and is now CDnfined in the Licence to be at large 
 
 from the daj^ of his liberation under this order during the remaining portion of \\ii 
 said term of Penal Servitude, unless the said shall, before the 
 
 expiration of the said term, lae convicted of some indictable offence, within the 
 Colony, in which case such Licence will be immediately forfeited by law, or unless 
 it shall please His Excellency, in the name and on behalf of His Majesty, sooner 
 to revoke or alter such Licence. 
 
 This Licence is given subject to the conditions endoi'sed upon the same, upon the 
 breach of any of which it will be liable to be revoked, whether such breach is 
 followed by a conviction or not. 
 
 And His Excellency hereby orders that the said be set at 
 
 liberty within thirty days from the date of this order. • 
 Given under my hand, 
 
 (Signed.) 
 
 A. B., 
 Government [or Assistant 
 Government] Secretary. 
 Conditions. 
 
 1 . The holder shall preserve his licence and produce it when called upon to do so 
 by a Magistrate or Police Officer. 
 
 2. He shall abstain from any -siolation of the law. 
 
 3. He shall not habitually associate with notoriously bad characters, such eia 
 reputed thieves and prostitutes. 
 
 4. He shall not lead an idle and dissolute life, without visible means of obtaining 
 an honest livelihood. 
 
 5. If his Licence is forfeited or revoked in consequence of a conviction for any 
 offence, he will be liable to undergo a term of Penal Servitude equal to the portion 
 of his term of years which remain unexpired when his licence was 
 granted, namely, the term of years. 
 
 Form No. 2. 
 
 Certijicate of Conviction of Holder of Licence. 
 
 I do hereby certify that the holder of a Licence under the 
 
 Penal Servitude Ordinance, 186,3, was, on the day of 
 
 1 , duly convicted by me, the undersigned Stipendiary Magistrate in and for 
 
 the Jutiicial District of the oiience of and sentenced to 
 
 Dated this day of 1 
 
 (Signed) 
 
 C. D., 
 Stipendiary Magistrate. 
 
 VOL. I. 23 
 
 Section 14.
 
 ^24 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1866. 
 
 A.D. 1866. 
 
 ~ — ♦ — 
 
 Ordinance 
 No. 14 of 
 
 1890 sAand 
 No. 26 of 
 1903 s. 2 in- 
 corporated. 
 
 As to George- 
 town, see 
 Ordinance 
 No. 25 of 
 1898 ss. 
 173-178 ; as to 
 New Amster- 
 dam, No. 8 of 
 
 1891 Part X. 
 
 Short title. 
 
 Power to the 
 Governor to 
 establish 
 Pounds. 
 
 Appointment 
 of Pound 
 keepers. 
 
 Impomiding 
 of stray on 
 l)rivate 
 premises. 
 
 Poundage 
 money and 
 expenses. 
 
 Impounding 
 of stray on 
 public- 
 premises. 
 
 ORDINANCE No. 1 OF 1866. 
 
 An Ordinance to amend the Law relating to Pounds. 
 
 [1st July, 1866.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 B 
 
 1. This Ordinance may be cited as the Pounds Ordinance, 1866. 
 
 2. The Governor may from time to time, by Proclamation to be 
 published in The Official Gazette, establish Pounds in such parts of the 
 Colony as to him may seem fit : Provided that all Pounds already 
 established shall continue to be kept subject to the provisions of this 
 Ordinance, unless the Governor at any time otherwise directs. 
 
 3. The Governor may appoint fit and proper persons to be keepers 
 of such Pounds who shall hold office during his pleasure : Provided 
 that every member of the Police Force for the time being in charge of 
 a Police Station at which a Pound is established shall, without any 
 further or other appointment, act as and be ex-officio the keeper of such 
 Pound while in charge of such Station. 
 
 4. On any stray being found trespassing on any private premises or 
 land, the owner oi- person in possession of such premises or land may 
 take, or by some one authorized by him in writing send, such stray to 
 the nearest Pound, and, for so doing, he shall receive from the keeper 
 thereof the sum of forty-eight cents for every horse, mare, gelding, pony, 
 mule, bull, cow, ox, heifer, or steer, thirty-two cents for every ass, and 
 twenty-four cents for every calf, sheep, or goat. 
 
 5. — (1.) The Pound-keeper shall, before delivery, demand and receive 
 from the person claiming any stray the sum of forty-eight cents for 
 every horse, mare, gelding, pony, mule, bull, cow, ox, heifer, or steer, 
 thirty-two cents for every ass, and twenty-four cents for every calf, 
 sheep, or goat, as poundage money, in addition to the reward men- 
 tioned in the last preceding section, and in addition to the expense of 
 feeding and advertising the stray. 
 
 (2.) The Pound keeper shall be entitled to charge the sum of 
 twenty-four cents per diem for feeding each horse, mare, gelding, pony, 
 mule, ass, bull, cow, ox, heifer, or steer, and eight cents per diem for 
 feeding each calf, sheep, or goat, and no more : Provided that the 
 young of any mare, cow, ass, goat, or sheep sent to the Pound with 
 its mother or dam, under six months old, shall not be liable to 
 poundage. 
 
 6. Any horse, mare, gelding, pony, mule, ass, bull, cow, ox, 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 police officer or constable, or by any person 
 authorized in writing by the District Commissary of Taxation ; and 
 the same pound fees shall be paid and received in respect of any there- 
 of, as are hereinbefore provided in respect of strays on private premises 
 or land.
 
 A.D. 1S66.] 
 
 POUNDS. 
 
 [No. 1. 
 
 325 
 
 7. All swine straying or trespassing on any private premises or land Mode of 
 may be destroyed by the owner or person in possession of such premises '^^;.'^"^8 with 
 or land ; and all swine straying or trespassing on any such public passing, 
 premises or land may be destroyed by any police otKcer or Cdnstable or 
 
 other person authorized as aforesaid ; and in either case the bodies 
 of all swine so destroyed shall belong to the persons destroying 
 them. 
 
 8. Every person who — 
 
 (1.) Releases or attempts to release any stray which is taken for the Penalty on 
 
 purpose of being impounded under the authority of this Ordinance P^''^"" '^^^^"•^T^ 
 ^ lu i iu tT ] niK or rescuing 
 
 on the way to the round ; or stray, etc. 
 
 (2.) Damages or destroys the said Pound, or any lock or bolt be- 
 longing thereto, or with which the same is fastened ; or 
 
 (3.) Rescues or releases, or attempts to rescue or release, any stray 
 which is impounded under the authority of this Ordinance until 
 or before the same is discharged by due course of law, 
 
 shall, on being convicted thereof, be liable to a penalty not exceeding 
 fifty dollars. 
 
 9. No person taking any animal to the Pound shall ride the same or 
 in any way beat or ill-use the same ; and if any person takes any animal 
 to the Pound by any way other than the nearest way to the Pound, 
 every such party so offending shall forfeit all right to the poundage, 
 and shall, on being convicted, be liable to a penalty not exceeding 
 twenty-four dollars. 
 
 10. Every person who — 
 
 (1.) Drives off any animal from the premises of the owner ; or 
 (2.) Breaks a gap in any fence or enclosure with the view of making 
 
 any animal a stray ; or 
 (3.) With the like view, takes any animal from any private premises 
 or land of which he is not the owner or occupier, or authorized by 
 him in writing, 
 
 shall, on being convicted, be liable to a penalty not exceeding twenty- 
 four dollars for every animal so driven off or taken or attempted to be 
 so driven off or taken ; and if any such animal is I'eceived into the 
 Pound, every such person shall in addition be liable to repay the full 
 expenses of poundage to the owner of such animal. 
 
 1 1 . — (1.) No person taking any stray with the intention of impound- 
 ing the same shall detain it more than three hours before sending it to the 
 nearest Pound, unless the said stray is taken up after sunset, in which 
 case he shall send it to the said Pound before eight o'clock in the 
 following morning. 
 
 (2.) Every person who detains any stray for a longer period than 
 aforesaid shall, on being convicted, pay for each stray so detained a 
 penalty not exceeding five dollars. 
 
 12. — (1.) Every Pound-keeper shall keep a book in which he shall 
 enter the date when each stray is received, the name of eveiy person 
 sending a stray, and also the name of the person taking or delivering 
 such stray to the Pound, 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. 
 
 VOL. 1. 22a. 
 
 Penalty on 
 person ill- 
 using stray 
 on way to 
 Pound. 
 
 Penalty on 
 perr^on im- 
 properly im- 
 pounding 
 animal as 
 stray. 
 
 Stray not to 
 be detained 
 before being 
 sent to Pound. 
 
 Keeping of 
 record of 
 stra- s im- 
 pounded.
 
 326 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1866. 
 
 Feeding of 
 impounded 
 stray. 
 
 Public ation of 
 weekly list of 
 strays. 
 
 Receiving and 
 delivering of 
 strays. 
 
 Prohibition of 
 hiring out or 
 using of im- 
 pounded stray. 
 
 Sale of un- 
 claimed stray 
 after notice. 
 
 Prohibition of 
 pound-keeper 
 purchasing 
 stray. 
 
 (2.) If any Pound-keeper — 
 
 (a.) Neglects to make such entries ; or 
 
 (b.) Wilfully makes any false, erroneous, or incorrect entry ; or 
 
 (c.) Refuses or declines to produce his book when demanded as 
 
 aforesaid ; or 
 (d.) Demands any fee for so doing, 
 
 he shall on being convicted, be liable to a penalty not exceeding fifty 
 dollars. 
 
 13. — (1.) Every Pound-keeper shall procure for, furnish, and give to 
 each stray in his Pound a sufficient quantity of good grass and water 
 daily. 
 
 (2.) In case of any neglect or omission to do so, any such Pound- 
 keeper shall, on being convicted, be liable to a penalty not exceeding 
 twenty-four dollars, and shall, over and above such penalty, be liable 
 to immediate dismissal. 
 
 14. Every Pound-keeper shall publish once every week in The Offi- 
 cial Gazette a correct list of all the strays in his Pound, describing them 
 in every particular as recorded in his book, and shall, in default thereof, 
 on being convicted, be liable to a penalty not exceeding five dollars for 
 every such omission or neglect. 
 
 15. — (1.) Every 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 Ordinance he shall be responsible, shall constantly be 
 at hand between the hours of six o'clock in the morning and six o'clock 
 in the evening to receive and deliver all strays ; and, in default there- 
 of, every such Pound-keeper shall, on being convicted, be liable to a 
 penalty not exceeding ten dollars for each time he or his deputy is so 
 absent. 
 
 (2.) No'sti'ay shall be received at any Pound except between the 
 hours aforesaid. 
 
 16. If any Pound-keeper — 
 
 (1.) Hires out, lets, uses, works, or employs any stray animals im- 
 pounded ; or 
 
 (2.) Allows any stray to be taken out of the Pound wrongfully; or 
 (3.) Suffers any stray while impounded to be ill-used or injured, 
 
 he shall for every such offence, on being convicted, be liable to a 
 penalty not exceeding fifty dollars. 
 
 17. — (I.) Incase any stray which has been impounded is not re- 
 deemed within one week, the same shall be sold. 
 
 (2.) The Pound-keeper shall advertise for one week in 7'he Official 
 Gazette for sale all strays, except sheep and goats, and he shall notify, 
 upon a board to be placed in some conspicuous place at or near the 
 Pound, the intended sale of all strays for two days beforehand. 
 
 (3.) Every such sale shall take place between the hours of eleven 
 and three o'clock in the day. 
 
 18. If any Pound-keeper or his deputy, either directly or indirectly, 
 purchases any unclaimed stray sold out of his Pound, the purchase 
 shall be v(n(l, and he shall for every such offence, on being convicted 
 thereof, be liable in addition to a penalty not exceeding fifty dollars.
 
 A.D. 1866.] 
 
 POUNDS. 
 
 [No. 1. 
 
 327 
 
 Accounting by 
 Pound-Keeper 
 being police 
 officer. 
 
 19. — (1.) Every member of the Police Force who is a Pound-keeper 
 shall regularly, and at least once in each month, pay over to the In- 
 spector General of Police, to the credit of the PoHce Pound Fee Fund, 
 the proceeds of all sales of strays made by him after deducting such 
 amounts as he may have paid for rewards. 
 
 (2.) From and out of such Fund every such Pound-keeper shall be 
 entitled to a gratuity monthly of five dollars, or such other gratuity as 
 the Governor-in-Council may from time to time be pleased to appoint, 
 and from and out of such Fund shall be defrayed all expenses incurred 
 for establishing Pounds 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. 
 
 20. Every Pound-keeper who is not a member of the Police Force Accounting i)y 
 shall regularly, and at least once in each month, pay over to the Re- Po""d-keeper 
 ceiver General the balance of the proceeds of all sales of strays made by police officer, 
 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 five per 
 cent, on the amount of all such sales. 
 
 21. If any Pound-keeper fails or neglects duly and faithfully to Penalty on 
 comi^ly with the provisions of either of the last two preceding sections Pound-kteper 
 which may be applicable to his case, he shall for e.\evy such failure or account" 
 neglect, on being convicted thereof, be liable to a penalty not exceeding 
 
 twenty four dollars ; and 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, he shall, in addition tc 
 such penalty, forfeit and pay double the amount of the money so kept 
 back by him. 
 
 22. If any person proves, to the satisfaction of any Stipendiary Payment to 
 
 owntr of 
 balance of 
 sale of stray. 
 
 Magistrate, after the sale of any stray, that he was the owner of such 
 stray, the Inspector General of Police or the Receiver General, as the 
 case may be, shall, upon the order of such Magistrate, pay over to 
 such owner the balance of the proceeds of the sale of such stray which 
 may have been paid into his hands. (Amd. 28 of 1902, s. 3.) 
 
 23. Any stray which has been duly advertised and put up for sale Unsold stray 
 under this Ordinance, but which has not been sold, may be destroyed i"'iy ^e 
 
 by the Pound-keeper. (26 of 1903, s. 2.) destroyed. 
 
 24. All prosecutions for penalties and forfeitures under this Ordi- Procedure and 
 nance may be instituted before any Stipendiary Magistrate, and the appeal, 
 same shall be conducted in the manner, and shall be subject to the 
 
 appeal, provided by any Ordinances for the time being in force 
 
 regulating procedure before Stipendiary Magistrates in the exercise '?'f*^'.'^'"'""'Q„ 
 
 of their summary jurisdiction and appeals from the decisions of Stipen- ^^^^^ js^o. 13 of 
 
 diary Magistrates, (s. 23.) 1893. 
 
 25. — (1.) The Governor-in-Council may from time to time make Makin" of 
 general rules and orders, consistent with the provisions of this Ordinance, nJes and 
 for reducing all or any of the Pound fees and other charges and expenses '''•^^rs. 
 specified in this (Ordinance, and for regulating the mode of accounting 
 for the same, and generally for the guidance and government of Pound- 
 keepers in the discharge of their duties. 
 
 (2.) All such rules and orders shall be published La The Official Ga- 
 zette, and, when so published, shall be binding upon all persons concerned.
 
 328 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1866. 
 
 1866. 
 
 Stohsequent 
 additions to 
 By-laws and 
 Mules con- 
 tained in 
 Schedules 
 incorporated. 
 
 Shoi-t title. 
 
 Interpretation 
 of terms. 
 
 ORDINANCE No. 2 OF 1866. 
 
 An Ordinance to re-enact, with certain Amendments, 
 the provisions of Ordinance No. 21 of the Year 1853, 
 entitled " An Ordinance for incorporating the Royal 
 Agricnltural and Commercial Society of British 
 Guiana." 
 
 [24th November, 1866.] 
 
 WHEREAS on the 18th day of March, 1844, a Society was formed 
 and instituted in this Colony under the name of " The Agricul- 
 tural and Commercial Society of British Guiana " ; 
 
 And whereas the objects of the said Society are to promote, as far 
 as possible, the improvement and encouragement of the agriculture of 
 the Colony, and of every branch of industry, whereby the resources of 
 the Colony are likely to be developed and increased, as also the collect- 
 ing and disseminating of useful information on such subjects ; 
 
 And whereas the intentions of the said Society are that its funds 
 shall be devoted to the establishment and maintenance of suitable 
 public rooms in the City of Georgetown for the use of the members, 
 viz. : — an Exchange Room, a Reading Room, a Museum and Model 
 Room, and a Library, and to the awarding of premiums and grants of 
 money for such purposes connected with the advancement of agricul- 
 ture, manufactures, or trade as the Society may deem expedient ; 
 
 And whereas permission was granted to the said Society by Her 
 Majesty the Queen to take the name and designation of " The Royal 
 Agricultural and Commercia ] Society of British Guiana " ; 
 
 And whereas Her Majesty the Queen was further pleased to become 
 the Patroness of the said Society ; 
 
 And whereas Ordinance No. 21 of the Year 1853 was passed for the 
 purpose of legally incorporating the said Society by the name and 
 style of " The Royal Agricultural and Commercial Society of British 
 Guiana " ; 
 
 And whereas by inadvertence the said Society was empowered by 
 the said Ordinance to acquire immovable property without any limit 
 as to value, and by reason thereof the same was not submitted to Her 
 Majesty for confirmation ; 
 
 And whereas it has been deemed expedient to re-enact the said 
 Ordinance with certain amendments, and a reasonable limit as to the 
 value of the property which the said Society may acquire ; 
 
 Be it therefore enacted by the Lieutenant-Governor of British Guiana, 
 with the advice and consent of the Court of Policy thereof, as fol- 
 lows : — 
 
 1 . This Ordinance may be cited as the Royal Agricultural and Com- 
 mercial Society's Ordinance, 1866. 
 
 2. In this Ordinance, — 
 
 " The Society " means the Royal Agricultural and Commercial 
 Society of British Guiana incorporated by this Ordinance : 
 
 " Member " extends to and includes every class of members and 
 associates of the Society.
 
 A.D. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 329 
 
 Incorporation 
 of " The Royal 
 Agricultural 
 and 
 
 Couiniercial 
 Society of 
 British 
 Guiana. 
 
 . 3. The persons who now are members of the Society, and such per- 
 sons as may hereafter be admitted members thereof according to such 
 by-laws as have been framed by the Society, or may hereafter be framed 
 under the powers contained in this Ordinance, shall by virtue thereof 
 be, and shall hereafter continue to be, for the purposes aforesaid, one 
 body politic and corporate, or legal incorporation, by the name and 
 style of " The Royal Agricultural and Commercial Society of British 
 Guiana," by which name they shall have perpetual succession ; and by 
 the same name shall be in law capable of suing and of being sued, 
 pleading and of being pleaded, answering and of being answered unto, 
 defending and being defended in all Courts and places whatsoever, in 
 all manner of actions, suits, complaints, and causes whatsoever ; and 
 shall be able and capable in the law to purchase, receive, possess, and 
 enjoy to them and their successors an}'' goods and chattels whatsoever, 
 and also be able and capable in the law (any law or Ordinance to the 
 contrary notwithstanding) to take, purchase, possess, hold, and enjoy, 
 to them and their successors, any plantations, messuages, lands, tene- 
 ments, and hereditaments whatsoever, provided that the same shall not 
 at any time exceed in value the sum of ten thousand pounds sterling ; 
 and to mortgage, sell, exchange, transport, lease, and dispose of the 
 same at pleasure ; with full power to the Society to lend out the money, 
 funds, and effects already acquired and received, or to be acquired and 
 received, by the Society on such security, real or personal, or to invest 
 the same in the stock of such of the incorporated banks of this Colony 
 or of the United Kingdom, or in such of the public funds of this Co- 
 lony or of the United Kingdom, as may be determined and approved 
 of by the Society according to the laws and by-laws of the Society for 
 the time being in force ; with power also, to the Society to borrow 
 money, and if necessary, in its corporate capacity aforesaid, to grant 
 mortgages, bonds, and other securities for the same ; and with power, 
 also, to the Society in all other things to act, and do, and proceed in 
 such manner as the law permits, and as is i^sual in the case of persons 
 incorporated, and with all the privileges incident to such incorpora- 
 tions. 
 
 4. It shall and may be lawful for all and every person and persons, Power to 
 bodies politic and corporate (being otherwise competent), to grant, sell, E^anUauds to 
 alienate, transport, lease, and convey unto and to the use of the Society the Society, 
 and their successors any messuages, lands, tenements, and heredita- 
 ments. 
 
 5. AH transports, mortgages, charters, grants, dispositions, leases, Mode of takin?,' 
 transfers, assignments, securities, and all other deeds and instruments transport, etc. 
 affecting property, real or personal, to be granted to or by the Society 
 
 shall be taken to and granted by the Society in the corporate name and 
 title aforesaid, that is to say, " The Royal Agricultural and Commercial 
 Society of British Guiana," without specifying the names of any of the 
 office-bearers, or constituted members of the Society. 
 
 6. All transports, mortgages, deeds of conveyance, leases, contracts. Subscribing cf 
 transfers, assignments, or other deeds whatever touching or concerning transpon, etc. 
 the estate, real or personal, of the Society, and all powers of attorney 
 
 and powers ad Hies, and all notarial instruments of whatever kind or 
 description, shall be subscribed by the Treasurer or the Secretary for the 
 time being of the Society, and shall be eoually valid and effectual as if 
 the same had been signed by the whole members of the Society,
 
 330 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1866. 
 
 Service of 
 notices to be 
 given to or by 
 the Society. 
 
 Exclusion of 
 political 
 questions from 
 proceedings of 
 the Society. 
 
 Office-bearers 
 of the Society. 
 
 Number and 
 classification 
 of members. 
 
 Limitation of 
 liability of 
 members. 
 
 Power to the 
 Society to sue 
 for arrears of 
 subscription 
 due by 
 member. 
 
 Power to the 
 Society to 
 expel member. 
 
 Use of certain 
 documents as 
 evidence. 
 
 7. — (1.) All notices required by law to be given to the Society may 
 and shall be legally served upon the Secretary for the time being of the 
 Society personally or at his residence, or by leaving the same with any 
 Assistant Secretary or Clerk at the rooms of the Society, and every 
 notice so served shall be held to be good and sufficient notice to the 
 Society in its corporate capacity aforesaid, and to each and every 
 member thereof. 
 
 (2.) All notices required to be given by the Society may be given 
 and signed by the Treasurer, Secretary, or Assistant Secretary, or by 
 such other person as the Society may hereafter from time to time 
 appoint. 
 
 8. An essential principle of the constitution of the Society shall be 
 the total exclusion at its meetings and in its proceedmgs of all ques- 
 tions of a political nature or tendency ; and this principle no resolution 
 or by-law of the Society shall, on any account or pretence whatever, 
 at any time infringe or controvert. 
 
 9. The office-bearers of the Society shall consist of a President, one 
 or more Vice-Presidents, six or more Ordinary Directors, three or more 
 Managing Directors, a Treasurer, and a Secretary and such other office- 
 bearers as the Society may hereafter think fit to appoint. 
 
 10. The number of members of the Society shall be indefinite, and 
 the said members may and shall be classed in such manner, and with 
 such individual privileges, as the by-laws of the Society, already framed 
 or hereafter to be framed, may from time to time appoint. 
 
 11. In the event of the Society borrowing money or contracting debt 
 of any kind, no member of the Society shall be liable for the money so 
 borrowed, or for the debt so contracted, beyond the amount of his 
 annual subscription as a member of the Society, which may at the 
 time be due and payable : Provided always that the property of the 
 Society, both movable and immovable, shall be liable and executable 
 for every sum .of money borrowed or debt contracted as aforesaid. 
 
 12. The Society shall have power to sue any member who may have 
 remained four months and upwards in arrear of paying the subscription 
 due by him as a member of the Society for the amount of the sub- 
 scription so due as aforesaid, and an account signed, or purporting to 
 be signed, by the Treasurer of the Society for the time being shall, 
 without proof of the signature or official character or capacity of such 
 Treasurer, b(^ taken and held to be good and sufficient evidence of the 
 amount due by any member in arrear as aforesaid. 
 
 13. It shall be in the power of the Society to expel any member for 
 any cause which may appear to the majority of the members present 
 at a general meeting to require that proceeding, after due notice given 
 in accordance with the by-laws of the Society now in force or hereafter 
 to be in force ; and every such person so expelled shall thereupon cease 
 to be a member, and to have any right or interest in the Society, its 
 property and concerns : Provided always that any member not being in 
 arrear may at any time resign, and shall thereupon cease to be a 
 member, and to have any right, title, or interest in or to the property 
 and concerns of the Society, 
 
 14. Each and every copy or extract purporting to be a copy of, or 
 extract from, the minutes, proceedings, or by-laws of the Society, signed
 
 A.D. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 331 
 
 or purporting to be signed by the Secretary thereof for the time being, 
 shall, without proof of the signature or official character or capacity of 
 such Secretary, be taken and held to be good and sufficient evidence 
 of the matters and things therein contained respectively, and shall be 
 taken judicial notice of by all Courts, Judges, Magistrates, and others 
 in this Colony. 
 
 15. The Society shall be governed by the by-laws and rules now in By-laws and 
 force for the regulation of the Society and the management of its affairs, ^^^^ f'f *''^ 
 and which by-laws and rules are set forth in the Schedules to this ' " ' 
 Ordinance : Provided always that the Society shall and may have 
 power from time to time to alter, suspend, or repeal the said by-laws 
 and rules as it may see occasion, and to make such new by-laws and 
 rules as may appear to it most proper and expedient, so as the same 
 be not repugnant to the provisions of this Ordinance or to the Laws 
 of this Colony ; and such new by-laws and rules shall come into opera- 
 tion after thirty days publication thereof in The Official Gazette. 
 
 SCHEDULES. 
 
 Section 15. 
 THE FIRST SCHEDULE. 
 
 By-Laws and Eules op the Royal Agricultural and 
 Commercial Society of British Guiana. 
 
 Chapter I. 
 
 Constitution and Objects of the Society. 
 
 1. The Society shall be denominated " The Royal Agricultural and Commercial Name. 
 Society of British Guiana." 
 
 2- The Society shall consist of Honorary Members, Ordinary Members, Associates, Members, 
 and Corresponding Members. 
 
 3. The Society shall endeavour to promote, as far as possible, the improvement Objects, 
 of the agriculture of the Colony, and of every branch of industiy, manufacture, 
 
 or trade whereby the resources of the Colony are likely to be developed and 
 increased. 
 
 4. The funds of the Society shall be devoted to the establishment and mainten- Employment 
 ance of suitable public rooms in the City of Georgetown for the use of the members, of funds. 
 viz. : — A Reading Room and Library, an Exchange Room, and a Museum and Model 
 
 Room, and to the awarding of premiums and grants of money for such purposes 
 connected with the advancement of agriculture, manufactures, or trade as the 
 Society may deem expedient. 
 
 5. The property acquired by and belonging to the Society shall not be sold or Alienation of 
 alienated without the consent of a majority of the members present at a General property. 
 Meeting of the Society, specially called to consider and decide upon a motion, 
 previously intimated, having for its object such sale or alienation. 
 
 Chapter II. 
 
 Meetinffs. 
 
 1. Five General Meetings of the Society shall be held annually, on such days Oi-diiiary 
 of January, April, July, October, and December as the Board of Directors shall General 
 appoint ; and the general meeting in December shall be held as the Anniversary Meetings. 
 Meeting of the Society, at which the Office-Bearers for the ensuing year, com- 
 mencing on the 1 st of January, thereafter, shall be elected. 
 
 2. On the requisition of three or more Ordiraiy Members, an Extraordinary Extraordinary 
 General Meeting of the Society may be called at any time by authority of the General 
 
 Meetings.
 
 332 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1866. 
 
 Quorum and 
 ordei' of 
 business. 
 
 Meetings of 
 Dii-ectors. 
 
 Notice of 
 
 General 
 
 Meeting. 
 
 President, or in his absence, by authority of the Vice-President : Provided always 
 that the Board of Directors may appoint General Meetings of the Society to be 
 held at such other times as they may think proper. 
 
 3. At all meetings of the Society seven members entitled to vote shall consti- 
 tute a quorum, and the following Order of Business shall be regularly observed : — 
 
 1. Chair taken; 2. Minutes of preceding meeting read ; 3. Candidates ballotted 
 for ; 4. Eeport of Directors read ; 5. Reports of Committees read ; 
 6. Motions intimated at previous meetings discussed ; 7. New motions 
 intimated ; 8. Miscellaneous business ; 9. Communications and papers 
 read; 10. Meeting adjourned. 
 
 4. Meetings of the Board of Directors may be called at such times as the President 
 or Vice-President may appoint. At such meetings, three members shall constitute 
 a quorum, and the Chairman shall have a casting vote. 
 
 5- Notice of all General Meetings, whether Ordinary or Extraordinary, shall be 
 given by advertisement, to be signed by the Secretary and published at least seven 
 days previous to such meetings in one or more of the newspapers of the Colony ; 
 and in regard to Extraordinary General Meetings, it shall be necessary in such 
 advertisements to state the special purposes for which they are called. 
 
 Chapter III. 
 
 Election of 
 Office-Bearers. 
 
 Board of 
 Directors. 
 
 Eligibility for 
 re-election. 
 
 Proposal of 
 candidates for 
 office. 
 
 Declaration of 
 willingness to 
 act. 
 
 Other evidence 
 of willingness 
 to act. 
 
 Limitation of 
 prescribed 
 procedure. 
 Filling up 
 vacancies. 
 
 Local 
 Secretaries. 
 
 Office-Bearers. 
 
 1. At the General Meeting in December, the Society shall elect the following 
 Office-Bearers, viz. :— A President, a Vice-President, six Ordinary Directors, 
 three Managing Directors, three Exchange Room Directors, a Treasurer, and 
 a Secretary. 
 
 2. These Office-Bearers shall together form a Board of Directors for the general 
 superintendence and management of the affairs of the Society. 
 
 3. All the Office-Bearers may be re-elected annually, with the exception of the 
 President and Vice-President, who shall not be re-eligible to the same offices till 
 after an interval of one year from the date of theii* retirement from the said offices 
 respectively. 
 
 4. Before proceeding, at the Annual Election, to ballot for Office-Bearers 
 members of the Society present at the meeting shall propose candidates for 
 election 
 
 5. The candidates so proposed shall, if present, intimate their willingness to 
 accept office, and to discharge the duties of the office to which they may be 
 elected. 
 
 6. The proposer of a candidate who is not present at the meeting shall satisfy 
 the members that the candidate is willing to take office and discharge the duties 
 thereof. 
 
 7. This mode of procedure at the Annual Election shall be applicable only to the 
 offices of President, Vice-President, and Directors. 
 
 8. The Board of Directors shall have the power of filling up vacancies occurring 
 in that body during the intervals between the General Meetings for the election of 
 Office-Bearers. 
 
 9. Local Secretaries may be appointed at such places, in this Colony or elsewhere 
 as the Society shall from time to time direct. 
 
 Chapter IV. 
 
 Duties of Office-Bearers. 
 
 President and !• ^^ shall be the duty of the President and Vice-President when in the chair, and 
 
 Vice-President, of the fJhairman in their absence, to conduct the business of the Society according to 
 
 the order laid down in Chapter IT., Section 3, and to attend to the observprre. and 
 
 enforcement of the by-laws of the Society. At all meetings of the Society, the 
 
 President or Chairman shall have a casting vote.
 
 AD. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 333 
 
 2. The six Ordinary Directors shall, along with the other OflBce-Bearers, assist in Directors. 
 
 the superintendence and management of the affairs of the Society. The three 
 Managing Directors shall he a Committee entrusted with the exclusive management 
 of the Reading Room, and Library, and shall perform the duties of such management 
 in such rotation as they may from time to time appoint. Tlie thi-cc Exchange Room 
 Directors shall have the exclusive management of the Exchange Room, and may 
 make such rules and regulations in relation thereto as may be deemed necessary, 
 subject to the ajjproval of the Board of Directors. 
 
 3. The Treasurer, subject to the inspection and control of the Board of Treasurer. 
 Directors, shall receive and disburse all money belonging to the Society, granting 
 
 the necessary receipts and collecting the money when due. He shall keep regular 
 Books of Accounts, and present them for inspection at each General Meeting, and 
 whenever required by the Society or the Board of Directors so to do. It shall also 
 be the duty of the Treasurer to place all money belonging to the Society, exceeding 
 the sum of one hundred dollars, in one of the Banks of the Colony, unless the same 
 shall have been ordered by the Society to be otherwise invested or disposed of. The 
 Bank account shall be kept in the name of the Society, and all drafts thereon shall 
 be signed by the Treasurer. 
 
 4. The Secretary shall attend to the general business of the Society, and shall Secretary, 
 prepare reports whenever required so to do. He shall give intimation of all 
 meetings of the Society and of the Board of Directors, and shall take minutes of 
 
 their proceedings. He shall also conduct the Society's correspondence, and keep a 
 record thereof ; and he shall endeavour to establish such a connexion with societies 
 and individuals in Great Britain and elsewhere as may be advantageous for the 
 Society, and tend to the furtherance of its various views and objects. 
 
 5. The Treasurer and Secretary fhall, ex officiis, be members of all Committees. 
 
 Chapter V. 
 Admission and Subscriptions of Members. 
 
 1. A candidate for admission as an Ordinary Member must be proposed by two 
 Ordinary Members, and shall thereafter be balloted for at a General Meeting, as 
 hereinafter mentioned. 
 
 2. Ordinary Members, if admitted before the 1st of April in any year, shall, on 
 admission, pay the sum of ten dollars to the funds of the Society for that year, and 
 shall contribute a like sum on the 1st of January annually thereafter ; except in the 
 case of members not residing in Georgetown, who, if admitted before the 1st of April 
 in any year, shall pay eight dollars on admission, and contribute a like sum on the 
 1st of February annually thereafter. Subscriptions will be received in two equal 
 half-yearly instalments, if such instalments are paid in advance before the end of 
 January and July of each year. 
 
 3. A candidate for admission as an Associate must be proposed by two Ordinary 
 Members or Associates, and shall thereafter be balloted for at a General Meeting, as 
 hereinafter mentioned. 
 
 4. Associates if admitted before the 1st of April in any year shall, on admission, 
 pay the sum of five dollars to the funds of the Society, and shall contribute a like 
 sum on the 1st of January annually thereafter. Subscriptions will be received in 
 two equal half-yearly instalments, if such instalments are paid in advance before the 
 end of January and July of each year. 
 
 5. No person shall be elected or be permitted to continue an Associate whose 
 income exceeds £300 sterling per annum. 
 
 Treasurer and 
 Secretary. 
 
 Proposal of 
 candidate for 
 membership. 
 
 Subscription 
 of ordinary 
 member. 
 
 6. An Associate may become an 
 required by Section 2 of this Chapter. 
 
 Ordinary Member by paying the amount 
 
 7. Members and Associates, if admitted after the Ist of April in any year shall, 
 on admission, pay a proportionate part of their annual contributions commencing 
 from the first day of the quarter in which the election takes place to the 3 Ist of 
 December following. 
 
 8. The Board of Directors shall have the privilege of proposing Honorarj- 
 Members at any of the Meetings of the Society, but the individuals so proposed shall 
 not be balloted for till the next General Meeting thereafter. 
 
 Projiosal of 
 candidate for 
 associateship. 
 
 Subscription 
 of Associate. 
 
 Rule as to 
 income of 
 Associate. 
 
 Privilege of 
 Associate to 
 become 
 Ordinary 
 Jlember. 
 
 Proportionate 
 subscription. 
 
 Proposal of 
 
 Hoiioraiy 
 
 Member.
 
 334 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1866. 
 
 Proposal of 
 
 Corresponding 
 
 Member. 
 
 Candidates' 
 book. 
 
 Exliibition 
 of list of 
 candidates. 
 
 Proportion of 
 votes required 
 for election. 
 
 Subscription 
 of member 
 absent from 
 the Colony. 
 
 Privilege of 
 Officei's of the 
 A.rmy. 
 
 Privilege of 
 ladies. 
 
 Ordinary 
 subscribers. 
 
 Children. 
 
 Schoolmasters 
 may bon-ow 
 books for use 
 of their 
 scholars. 
 
 Certain 
 subscribers 
 may borrow 
 books, but not 
 use reading 
 room. 
 
 Privileges of 
 
 Ordinary 
 
 Members. 
 
 9. Any person not residing in the Colony may be proposed by two Ordinary 
 Members as a Corresponding Member ^1 the Society, and be balloted for at the next 
 General Meeting thereafter. 
 
 10. The names of individuals proposed as Members or Associates, with the date 
 of the proposal and the names of their proposers, shall be entered in a book to be 
 kept in the Eeading Eoom for that purpose, and submitted to the inspection of the 
 meeting at which they are to be balloted for. 
 
 11. Two days before the holding of any General Meeting at which candidates 
 may be balloted for, a list of all such candidates as it is intended to ballot for 
 at such General Meeting, together with the names of the proposers in each case, 
 shall be suspended in some conspicvious part of the Reading Room, for the infor- 
 mation of members. 
 
 12. Five negative balls shall be held to exclude a candidate or individual 
 balloted for, unless fifty members and upwards, entitled to vote, be present, when 
 one black ball in every ten votes shall be necessary for the rejection of a candidate. 
 
 13. Members leaving the Colony, and afterwards returning to it shall not be 
 required to pay any subscription during the time they are absent ; and on returning 
 shall only be required to pay such sum as, in the judgment of the Directors, maybe 
 considered appropriate in each particular case. 
 
 14. Officers of the Army quartered in this Colony shall be allowed the use of the 
 Library subject to the same rules as members of the Society residing in Georgetown, 
 on paying to the Treasurer two dollars quarterly, in advance, on the fii-st days of 
 January, April, July, and October. 
 
 15. Ladies shall be allowed the use of the Library, subject to the Rules for 
 circulating Books, and on payment of the same amount of subscription as Associates 
 of the Society, on application to, and at the discretion of, the Board of Directors : 
 provided, that if the father or husband of the lady be not a Member or Associate, 
 the subscription shall be that of an Ordinary Member (|10), which subscription 
 shall give the privileges of an Ordinary Member, except that of holding office. 
 
 16. A candidate for admission as an Ordinary Subscriber must be recommended 
 by an Ordinary Member, and must be a person not permanently residing in the 
 colony, and who does not intend to remain longer than six months. Such candidate 
 may be admitted by the Secretary for a period of three months, or for a longer 
 period by permission of the Directors, on payment of $1 20 per month, in advance. 
 He shall be entitled to the same privileges as an Ordinary Member in regard to the 
 use of the Library and Reading Room, and be bound by the same rules. 
 
 17- Children of Members, Associates, and Lady Subscribers, or other children 
 introduced by them, between the ages of 10 and 16 years, may be admitted by the 
 Honorary Secretary as Juvenile Subscribers, on payment of fifty cents on the first 
 day of each quarter, reckoned from the day of admission. They shall have the free 
 use of the Reading Room, and be entitled to borrow one book under the rules, the 
 Librarian to have the power to prepare a selection of books for such Juvenile 
 Subscribers. 
 
 18. At the discretion of the Directors, Schoolmasters who are Members or 
 Associates will be permitted to borrow for the use of theii' scholars, books that have 
 been added to the Library over two years previous to the time of borrowing. They 
 shall jjay at the rate of 12^ cents per volume, per quarter, in advance according to 
 the number of volumes required at one time, this number not to be less than ten or 
 
 . more than twenty. They shall undertake to be responsible for any loss or damage 
 beyond fair usage, and to issue and receive the books, the scholars not being 
 considered in any way connected with the Society. 
 
 19. Subscribers of Two Dollars per annum, payable half-yearly, in advance, may 
 be admitted by the Secretary on the recommendation of a Member, Associate, or 
 Ijady Subscriber. They shall be entitled to borrow either one book, one magazine, 
 or a set of newspapers, but shall not be entitled to the use of the Reading Room. 
 
 Chapter VI. 
 
 Privileges of Members. 
 
 1. Ordinary Members shall have the benefit of, and access, to the Exchange Room, 
 the Reading Room, the Museum and Model Room, the Library and every other 
 department of the Society at all times when the same shall be open, and shall have
 
 A.D. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 335 
 
 the privilege of noiuinating one lady member of his own family to the free use of the 
 Reading Room, and they shall have the privilege of taking a part in the proceedings, 
 and voting, when present, at all meetings of the Society. They shall also have special 
 privileges in regard to the number of books and periodicals boiTowed, prior rights 
 in the engagement of new books, and the privilege of receiving fi-ee copies of the 
 (Society's journal. 
 
 2. Honoi-ary Members and corresponding Members when in the Colony, shall be 
 entitled to the same privileges as Ordinary Members, with the exception of being 
 eligible as Office- Bearers, voting at tlie meetings of tlie Society, admitting visitors, 
 and taking out a smaller number of books. 
 
 3. Associates and Lady Subscribers shall have the privilege of attending General 
 Meetings, and of moving, discussing, and voting on all matters and questions, 
 except tinances, and elections of Office-Bearers ; and other privileges of Ordinary 
 Members not specially provided for under the By-laws and Rules. 
 
 Privileges of 
 Houorarj' and 
 C'oiTesponding 
 Membei's. 
 
 Privileges of 
 Associates 
 and Lady 
 Subscribers. 
 
 4. Kach Ordinary Member sliall have the privilege of admitting visitors, not Visitors, 
 being inhabitants of or domiciled in the Colony, to the E.xchange Room, the Reading 
 Room, the Museum and Model Room, and the Library, for a period not exceeding 
 two months ; it being understood that Officers of His Majesty's Army and Navy 
 and of the Royal ilail Steam Packet Company shall be admitted without intro- 
 duction. The names of all visitors, with those of tbeu- proposers, shall be entered in 
 a book to be kept for the purpose. Ordinary Members may further admit, by 
 written orders, inhabitants of the Colony and others as visitors to the Museum and 
 Model Room, at such times and under such restrictions as the Society or the Board 
 of iJirectors may appoint. 
 
 Chapter VLL 
 
 Members in Arrear and Expuhion of Members. 
 
 1. On the tirst of February, and the first of July annually, a list of the Members, 
 Associates and Lady Subsciibers then in arrear shall be prepared, and a notice sent 
 to each informing liim or her of the fact. If, on the fifteenth of the same month, 
 the subscription is still unpaid, a second notice shall be sent informing him or her 
 of the fact, and that he or she is excluded from the jirivileges of membership from 
 that date. On the first of March and the first of August, a list of those in arrear 
 shall be posted in the Reading Room, and their names shall be struck off the roll. 
 
 2. When any member shall have had his name so expunged, he may again be 
 admitted as an Ordinary Member or Associate when he has paid up all ai-rears. 
 
 3. It shall be competent to any Ordinary Member to submit to the Board of 
 Directors a written notice of motion for the expulsion from the Society of any 
 Ordinary Member or Associate, and also a statement in writing of the grounds of 
 such motion, and if the Board of Directors shall see tit, they shall thereupon 
 grant leave to the member submitting such notice of motion and statement to 
 give such notice of motion, at the next General Meeting of the Society. And if, 
 on such leave being granted, such notice of motion shall be given, the members 
 present at such next General Meeting shaU appoint a Special General Meeting, to 
 be held not less than one month thereafter, for the purpose of considering such 
 motion ; and a notice, signed by the Secretary, of the time and purpose of such 
 last-mentioned meeting, shall be handed to the person to be affected by such motion, 
 and similar notices shall be put into the Post Office in Georgetown for all Ordinary 
 Members resident in this Colony, not less than thi'ee weeks previous to the time 
 appointed for such last-mentioned meeting ; and the question as to the expulsion 
 of sucli person shall be decided by a majority of the Ordinary Members present 
 at such last-mentioned meeting. 
 
 Jklode of 
 dealing with 
 member in 
 arrear. 
 
 Re-admission 
 of member. 
 
 Procedure for 
 expulsion of 
 member. 
 
 Chapter VIII. 
 Funds. 
 
 1. AU salaries due to persons employed by the Society, and all ordinary expenses, Paj-ment of 
 shall be paid out of the general funds of the Society. salaries. 
 
 2. After payment of the salaries and ordinary expenses incurred and due by Appi-opriation 
 the Society for the year ending on the 31st of December preceding, the next General "' sm-plus 
 
 ' fimds.
 
 336 
 
 I?0. 2.] THE LA WS OF BRITISH GUIANA .- [A.D. 1866. 
 
 Meeting of the Society shall cause the surplus funds, if any, to be appropriated in 
 any manner that they may consider most conducive to the interests and objects 
 of the Society. 
 
 Application of 3. Grants of money received from the Colonial Legislature or other sources, and 
 
 public gi-ants all donations and bequests of money for any particular purpose, shall be applied to 
 of money, etc. the specific purposes for which they may have been given or bequeathed. 
 
 Annual 4. A statement of the receipts and expenditure of the Society, made up to the 
 
 statement of 31st of December of each year, shall be prepared by the Treasurer, and with the 
 
 receipts and vouchers thereof, shall be referred to the Board of Directors for report. Two or 
 
 expenditure. more members of the Board of Directors shall thereupon examine the statement 
 
 and vouchers submitted to them, and attach to such statement a certificate declaring 
 
 that they have examined the Treasurer's accounts for the period to which such 
 
 statement refers, and have found the same to be correct or have adjusted and corrected 
 
 the same, as the case may be. This statement shall thereafter be laid before the 
 
 next General Meeting of the Society, and, when finally adjusted and approved of, 
 
 shall be adopted by the Society. 
 
 Chapter IX. 
 
 Constitution 
 of Book 
 Committee. 
 
 Purchase of 
 books for 
 Libraiy. 
 
 Donations or 
 bequests of 
 books. 
 
 Management of 
 Library. 
 
 Book Committee and Library. 
 
 1. The Book Committee shall consist of not less than ten and not more than 
 twenty-four Ordinary or Associate Members of the Society. Any three shall 
 be a quorum. Such Committee shall, in the first instance, be elected at a General 
 Meeting of the Society, but shall have power to fill up vacancies in its own body, 
 and to add to its number, subject to revision at the next ensuing General Meeting of 
 the Society, and shall thereafter be elected annually at the General Meeting of the 
 Society in December. 
 
 2. For the Library there shall be purchased such books and publications as the 
 Book Committee may think fit ; more especially works relating to agriculture, com- 
 merce, and the staple productions of the Colony, and such as come most within the 
 scope of the views and objects embraced, or hereafter to be embraced, by the 
 Society. 
 
 3. The Society shall also add to the Library all such works as may be received 
 by donation or bequest from members and others. 
 
 4. The Library shall be subject to such by-laws and rules as may from time to 
 time be enacted by the Society or the Board of Directors. 
 
 Chaptek X. 
 
 Constitution of 
 Committee of 
 Corre- 
 spondence. 
 
 Election of 
 Committee. 
 
 Duties of 
 Committee. 
 
 Funds of 
 Committee. 
 
 Committee of Correspondence. 
 
 1. There shall be a permanent Committee to consist of Honorary, Ordinary, or 
 Associate Members, not less than ten and not more than twenty-four in number, 
 including a Chairman, a Vice-Chairman, a Treasurer, and a Secretary, and to be 
 called " The Committee of Correspondence." At aU meetings three members shall 
 constitute a quorum. 
 
 2. Such Committee shall, in the first instance, be elected at a General Meeting of 
 the Society, but shall have power to fill up vacancies in its own body, and to add to 
 its number, subject to revision at the next ensuing General Meeting of the Society, 
 and shall thereafter be elected annually at the General Meeting of the Society in 
 December. 
 
 3. The Committee of Correspondence shall be especially charged with the duty 
 of entering into and maintaining correspondonco with the Society of Arts in 
 London and other kindred Societies, and also with literary and scientific individuals 
 elsewhere ; forming and maintMiiiiiii;- a Local Museum and an Experimental Garden ; 
 arranging for and holding local exhibitions from time to time ; making arrange- 
 ments for the offering and awarding of premiums ; and establishing and carrying on 
 a periodical publication as the organ of the Society. 
 
 4. The funds of the Committee of Correspondence shall be provided exclusively 
 for its own purposes, and the Society's ordinary funds shall not be responsible for
 
 A.D. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 337 
 
 any debt incurred by the Committee of CoiTespondence, though it shall be lawful 
 to make appropriations from such funds from time to time, in aid of the Committee's 
 objects. 
 
 5. The Committee of Correspondence shall be entitled to make rules for its Power to 
 
 own guidance and government in carrying on its business, provided such rules Committee to 
 
 are laid before the next ensuing General Meeting of the Society, and are then make rules, 
 approved of. 
 
 Chapter XI. 
 
 Agricultural and Commercial Committees. 
 
 1. There shall be a Committee to consist of not less than ten and not more Constitution of 
 than twenty-four members of the Society, and to be called " The Agricultural Agncultural 
 Committee." 
 
 Comiuittee. 
 
 2. Such Committee shall, in the first instance, bo elected at a General Meeting Election of 
 of the Society, but shall have power to fill up vacancies in its own body, and to Committee, 
 add to its number, subject to revision at a General Meeting of the Society. The 
 Committee shall thereafter be elected annually at the General Meeting of the 
 
 Society in December. 
 
 3. The Committee so elected shall, at its first meeting, appoint a Chairman, Chairman, etc., 
 a Vice-Chairman, and a Secretary. At all meetings three members shall constitute of Committee. 
 a quorum. 
 
 4. The Agricultural Committee shall give its attention chiefly to the improve- Duties of 
 ment of agriculture throughout the Colony, and co-operate with the Committee Committee, 
 of Correspondence in making arrangements for holding periodical exhibitions 
 of agricultural produce and live stock, at which premiums may be offered and 
 awarded. 
 
 5. There shall be a Committee to consist of not less than ten (of whom the Constitution of 
 Exchange Room Directors shall be three), and not more than twenty-four Commercial 
 members of the Society, and to be called " The Commercial Committee." Committee. 
 
 6. Such Committee shall, in the first instance, be elected at a General Meeting of Election of 
 the Society, but shall have power to fill up vacancies in its own body, and to add Committee, 
 to its number, subject to revision at a general meeting of the Society. The 
 Committee shall thereafter be selected annually at the general meeting of the society 
 
 in December. 
 
 7. The Committee so elected shall, at its first meeting, appoint a Chairman, Chairman, etc., 
 a Vice-Chairman, and a Secretary. At all meetings three members shall constitute of Committee. 
 a quorum. 
 
 8. The Commercial Committee shall endeavour to promote, as far as possible, the Duties of 
 improvement of the Trade of the Colony, and shall collect and digseminate inform- Committee, 
 ation tending to develop and increase the resources of the Colony. 
 
 Chapter XII. 
 
 Heading Room and Exchange Hoom, 
 
 1. In the Reading Room shall be kept, for the use of the members, files of T/ic Oflfieial papers 
 Official Gazette of this Colony ; also of such commercial, shipping, and other lists, for Reading 
 newspapers, and publications as the Book Committee may think proper to Room, 
 select. 
 
 2. The Reading Room shall be supplied with such newspapers and periodical Newspapers 
 
 publications as the Book Committee may think desirable. for Koading 
 
 Room. 
 
 3. There shall be an Exchange Room for the use of members of the Society, Exdiange 
 and of such other persons as may become subscribers thereto as hereinafter Room, 
 mentioned. 
 
 4. Members of the Society shall have free access to the Exchange Room without Subscription 
 charge, but members wishing to use the Room for the sale or purchase of produce or for Exchange 
 
 Room.
 
 338 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1866. 
 
 other property, as hereinafter mentioned, shall only be entitled to the use thereof 
 for such purposes on paying to the Treasurer a subscription of five dollars for the 
 year when they become subscribers, and a like sum on the 1st of January annually 
 thereafter ; Provided always that any partner in a firm, being a member of the 
 Society, may, by paying a subscription of ten dollars annually, obtain the use of the 
 Exchange Room, for the purposes above mentioned, for any partner, clerk, or 
 representative of such firm. 
 
 Election of 
 Exchange 
 Eoom 
 Directors. 
 
 Subscription 
 for Exchange 
 Room by 
 person not 
 member. 
 
 Granting of 
 pennission to 
 broker to use 
 Exchange 
 Eoom. 
 
 Privilege of 
 broker. 
 
 Eecorduig of 
 particulars as 
 to produce 
 oftered for sale. 
 
 Use of Eeading 
 Eoom and 
 Exchange 
 Eoom. 
 
 5. Members of the Society subscribing to the Exchange Room shall, on or before 
 the second Thursday of December of each year, nominate three of their number for 
 election as Exchange Room Directors for the ensuing year, and persons so nominated 
 shall be proposed for election at the General Meeting in December. 
 
 6. The Exchange Room Directors may, on application, give permission to any 
 person not being a member of the Society, to use the Exchange Room on his paying 
 to the Treasurer a subscription of ten dollars for the year when he becomes a sub- 
 scribfr, and a like sum on the 1st of January annually thereafter : Provided always 
 that the Board of Directors may at any time recall such permission, and thereupon 
 such subscriber shall cease to be entitled to the use of the Exchange Room. 
 
 7. The Exchange Room Directors may from time to time, on application being 
 made, give permission to any person, being a member of the Society, to act as broker 
 in the Exchange Room on payment to the Treasurer of a fee of twenty-five dollars 
 for the year in which he is admitted, and a like sum on the 1st of January annually 
 thereafter, and on such other conditions as may be decided upon and approved of by 
 the Board of Directors. 
 
 8. Any broker permitted to use the Exchange Room may offer for sale, by 
 tender or otherwise, any produce, merchandise, stocks, shares, or other property, 
 and make such charge for brokerage thereon as may from time to time be authorized 
 by the Exchange Room Directors. 
 
 9. Any broker using the Exchange Room shall record in a book to be kept in the 
 Room for the use of the members full particulars of all produce and other property 
 offered for sale, as follows : — 
 
 (1.) The name of the firm or person offering the produce, etc., for sale ; 
 
 (2.) The selling limit ; 
 
 (3.) The bids or tenders made ; and 
 
 (4.) In the event of a sale, the name of the purchaser and the purchasing price, 
 
 unless the sale is made " on private terms," after the tenders have been 
 
 read out. 
 
 10. The Reading Room and Exchange Room shall be open for the use of the 
 members daily, at such hours and under such regulations as the Society or the 
 Board of Directors may from time to time appoint. 
 
 Chapter XIII. 
 
 Museum and Model Room. 
 
 Procuring of 1. The Society may devote a portion of its funds annually to the procuring of 
 
 models. models and diagrams of such implements and machinery connected with agriculture, 
 
 manufactures, and the arts as the Society may think it desirable to introduce into 
 
 this Colony. 
 
 Specimens of 2- In the Museum shaU be kept the best specimens which can be obtained of 
 
 productions of the productions of the Colony, both indigenous and introduced ; more particularly 
 
 the Colony. specimens of minerals, soils, woods, fibres, fruits, seeds, gums, resins, dyes, and 
 
 drugs, and of aU other productions of the Colony which either have been or 
 
 may hereafter be successfully cultivated or used as articles of commerce or of food. 
 
 Specimens of 3. Specimens of the productions of other countries which it is supposed may be 
 
 foreign successfully introduced into and cultivated in the Colony shall also, when practicable 
 
 productions. be obtained. 
 
 Specimens of 4. Specimens illustrative of the zoology of the Colony, it will likewise be the 
 
 zoology of object of the Society to procure — especially such as may tend to illustrate the 
 
 the Colony. ichthyology of the coasts and rivers of the Colony, and render its fisheries of more 
 
 importance.
 
 A.D. 1866.] 
 
 R. A. AND C. SOCIETY. 
 
 [No. 2. 
 
 339 
 
 Chapter XIV. 
 Premiums. 
 
 1. As soon as the funds of the Society will permit, premiums may he offered 
 for improvements in the agriculture of the Colony ; for the application of 
 manures to the cultivation of the soil ; for improved methods of clearing and 
 draining land ; for the improvement of pasture lands ; for the improvement of 
 implements and machinery ; for the improvement of existing, and the introduction 
 of new and improved, breeds of horses, cattle, and stock of every desctiption ; for 
 the imj)rovcment of the cottages and dwellings of the labouring population : and 
 generally for the advancement of the various objects embraced and contemplated by 
 the Society. 
 
 2. Grants of money to aid in useful experiments of any kind, such as the testing 
 of the utility of new inventions, the chemical analysis of soils, and other purposes, 
 may be also given by the Society. 
 
 Chapter XV. 
 
 Making and altering By-Laws and Rules. 
 
 1. When a motion is made for the alteration of existing by-laws, or the enactment 
 of new ones, the by-law to be altered, and the proposed alteration therein, and the 
 exact words of any proposed new by-law shall be clearly specified in the notice of any 
 such moti(m, and it shall lie over till the next General Meeting of the Society, when 
 if then aj^proved of by a majority of the members present, it shall be held as 
 carried. 
 
 2. The Board of Directors shall have the power of making such rules as they shall 
 think proper and necessary, and the same shall be held to be of equal force and effect 
 witii the by-laws of the Society : Provided that nothing contained in the rules so to 
 be enacted shall be at variance or inconsistent with the by-laws of the Society 
 already existing, and provided the same shall not be ordered by the Society, after 
 such enactment, to be altered, amended, or rescinded. 
 
 3. All by-laws and rules made and enacted by the Society or the Board of 
 Directors respectively shall be entered in a book, to be kept in the Reading Room 
 for the information and guidance of the members. 
 
 Power to offer 
 premiums for 
 various 
 specified 
 objects. 
 
 Power to make 
 gi'ants of 
 money for 
 certain 
 purposes 
 
 Mode of 
 altering 
 by-laws or 
 making new 
 by-laws. 
 
 Making of 
 rules. 
 
 Book of 
 by-laws and 
 rales. 
 
 THE SECOND SCHEDULE. 
 Rules for the Reading Room and Library. 
 
 1. The rooms to be open daily, except Sundays, from 7 a.m. till dusk. 
 
 2. On Sundays the rooms to be open from 7 a.m. till 4 p.m. 
 
 3. AH books, newspapers, periodicals, and other publi'^ations to be marked with 
 the name of the Society before being placed on the tables of the Reading Room or in 
 the I.,ibrary. 
 
 4. All periodicals that are not bound by the Society shall be disponed of within 
 three months after the end of each year. 
 
 5. All applications for the use of the rooms of the Society must be addressed to 
 the Secretary ; and the President, or, in liis absence, the Vice-President, and any 
 two of the Managing Directors, shall have the power of deciding on such applications. 
 
 6. No games to be played in the rooms, except chess, backgammon, and draughts. 
 
 7. No smoking to be allowed in the rooms or in the gallery. 
 
 "Week-day 
 hours. 
 
 Simday hours. 
 
 Marking of 
 books, etc. 
 
 Disposal of old 
 periodicals. 
 
 Applications 
 for use of 
 rooms. 
 
 Games. 
 
 Smoking. 
 
 THE THIKD SCHEDULE. 
 
 Rules for Circulating Books, Periodicals, f.tc. 
 
 1. Members shall be entitled to take out three works of not more than three .."^ *, . 
 volumes each, two magazines, and one set of newspapers, to consist of two weeklies member 
 or twelve dailies. 
 
 VOL. I. 
 
 23
 
 340 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1866 
 
 Works allowed 
 to associate. 
 
 Periodicals. 
 
 Time allowed 
 for reading 
 work. 
 
 Loss of privi- 
 lege by mem- 
 ber in aiTear 
 witli fine. 
 
 Mode of taking 
 out book. 
 
 Record of 
 works taken 
 out. 
 
 Works of refer- 
 ence, etc. 
 
 Power to stop 
 circulation of 
 works. 
 
 Injurj' to 
 work. 
 
 Right to 
 engage work. 
 
 Right to 
 renew term 
 allowed for 
 reading work. 
 
 Prohibition of 
 exchange, etc., 
 of work. 
 
 Fine for 
 violation of 
 rules. 
 
 Taking out 
 of serials and 
 periodicals. 
 
 2- Associates and Lady Subscribers shall be entitled to take out two works of not 
 more than three volumes each, and either one set of newspapers or one magazine. 
 
 3. No number of any periodical shall be taken out until after the arrival of the 
 next succeeding number. 
 
 4. New Works, which shall mean new publications that have been added to the 
 Library within a period of six montns irom the date of issue, shall not be kept 
 longer than seven days, and only one such new work shall be allowed to a member 
 at one time. Other than new works may be kept fourteen days. Country members 
 shall be allowed four days beyond that time for sending for and returning books, 
 except in the case of new works. There shall be written or printed in every volume 
 and periodical the number of days allowed for reading it, and a fine of two cents 
 shall be paid for every day that any work, magazine or set of newspapers shall be 
 kept beyond that time. 
 
 5. No member in arrear of the payment of any fine shall be entitled to take out 
 any book or periodical. 
 
 6. Books, magazines, and newspapers may be talcen out on application to the 
 Librarian or his assistant, at any time when the Liljrary is open, except on Sundays 
 and Public and Bank Holidays, when only magazines and newspapers from the 
 tables may be taken out. 
 
 7. The Assistant Secretary shall keep a book in which he shall enter the name 
 and the number of the volume of every work, and the name and the date of every 
 periodical taken out, the name of the nerson by whom taken out, the date when 
 taken out, the date when returnable, the date when returned, and the amount of the 
 fine, if any, incurred. 
 
 8. Works of reference and local literature shall not be taken out without the 
 written permission of one of the Managing Directors. 
 
 9. The books and periodicals may be collected within the Library, and their cir- 
 culation be stopped, at such times and for such periods respectively as the Managing 
 Directors may think fit. 
 
 10. When any book or periodical borrowed from the Library by a member or 
 associate is lost or injured when so borrowed, such member or associate shall be 
 required to deposit with the Secretary siich amount as the Managing Directois may 
 consider necessary to replace or repair the book or periodical lost or injured ; and 
 until that amount is deposited such member or associate shall not be allowed to take 
 out books or periodicals from the Library. 
 
 11. Any member may engage a book or periodical not in the Library at the time 
 of his application for it, by writing his name and that of the book or periodical in a 
 book kept in the rooms for this purpose ; and such hook or periodical so engaged 
 shall, on being returned to the Library, be retained for such applicant for twenty- 
 four hours after its return and no longer. 
 
 12. Any member may renew or again take out a book or periodical for an 
 additional period not exceeding the number of days allowed for reading it once (and 
 no more) without returning it, and even if it shall be engaged ; except in the case of 
 new works, magazines, and newspapers, or unless he shall have failed to pay any 
 fine that the Assistant Secretary may, previously to application being made for such 
 renewal, have notified to have been incurred by him. 
 
 13. No member shall exchange a book or periodical with another member, or lend 
 a book or periodical to any other member or to any other person. 
 
 14. Any person wilfully infringing any of the above rules shall be bound to pay 
 for the first ofPence a fine of one dollar, for the second offence a fine of two dollars, 
 and for the third offence, or for refusing to pay any fine so incurred, shall be deprived 
 of the use of the Library until he shall have paid the fine incurred, and such further 
 fine as the Board of Directors or the Society shall think projicr to impose. 
 
 15. During the time magazines or newsj)apt!rs are required to remain on the 
 Reading Room tables a nu^niber may take out on(> magazine and one set of news- 
 papers, and an associate or hidy subscriber either a magai^iiie or a set of nows])aper8, 
 between the hours of closing in the evening and of opening in the morning. Every 
 such magazine or set of newspapers must be returned within half-an-hour of the
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 
 
 341 
 
 time of opening, and a fine of six cents per hour shall be paid for every hour, or 
 portion of an hour, a set of newspapers or a magazine is kept h(;yond tliat time. 
 Provided also that if it shall appear that any member wilfully or habitually neglects 
 to return such magazines and newspapers in time, the Managing Director for the 
 week may order that such member be deprived of the privilege. 
 
 16. New books shall lie on the table for seven days previous to issue, during Taking out 
 which time they may be engaged for si.K issues, the first two to be open to ^Members new books, 
 only (not associates or lady subscribers) by signing the name in the book jirovided 
 for that purpose. Such engageiucnt of one new book for one date to each member 
 shall be valid for 24 hours after the book is ready for issue, provided the full number 
 allowed under the rules are not charged on the morning of issue. 
 
 Note. — Where not otherwise stated, the Rules in which the word Member occurs 
 shall apply to associates and lady subscribers. 
 
 ORDINANCE No. 1 OF 1868. 
 
 An Ordinance to make provision for the Registration a.d. ises. 
 of Births and Deaths. • ordinances 
 
 [1st October, 1868.] N'o'.VofiS 
 
 No. 3 of 1871, 
 
 BE it enacted by the Governor of British Guiana, with the advice and^No.^lf 
 and consent of the Court of Policy thereof, as follows : — 1898, 
 
 incorporated. 
 1 , This Ordinance may be cited as the Registration of Births and short title. 
 Deaths Ordinance, 1868. 
 
 2. In this Ordinance, unless the context otherwise requires. 
 
 " The Registrar General 
 
 means the Registrar 
 
 General of Births 
 
 and Deaths in this Colony for the time being, and, in case of his 
 absence, also means and includes the person appointed by the 
 Registrar General as his deputy : (Amd. 13 of 1898 s. 5.) 
 " Occupier," for the purposes of the notification of births and deaths 
 for registration under this Ordinance, includes the Governor, 
 Keeper, Master, Superintendent, or other chief resident officer of 
 every Gaol or Prison, School, Reformatory, Hospital, Lunatic 
 or Leper Asylum, or other Public or Charitable Institution ; 
 and where any house is let in separate apartments or lodg- 
 ings includes the person under whom such separate apartments 
 or lodgings are immediately held, and any agent or servant of 
 such person residing in such house ; and, in the case of births and 
 deaths among the indentured or other labourers resident upon 
 any plantation, estate, farm, mining claim, or woodcutting 
 establishment, the manager or other superintendent for the time 
 being of such plantation, estate, farm, mining claim, or wood- 
 cutting estal)lisliment sliall be deemed to be the oc^iupier of the 
 house in which any such birth or death occurs : (Amd. 13 of 
 1898, s. 7.) 
 
 ** General search " means a search during any number of successive 
 days, not exceeding six, without stating the object of search : 
 
 " Particular search " means a search over any period not exceeding 
 five years for any given register of birth or death. 
 
 VOL. I. 23a 
 
 Intei-pretation 
 of terms.
 
 342 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1868. 
 
 Appointment 
 of Registrar 
 General, and 
 establisliment 
 of General 
 Register Office. 
 
 Appointment 
 of deimty. 
 
 Appointment 
 and salaries of 
 Clerks. 
 
 ProvisioJi and 
 use of seal. 
 
 PART I. 
 
 Central Administration. 
 
 Tlui Registrar General. 
 
 3. — (1.) The Governor may appoint a Registrar Genera] of Births 
 and Deaths in this Colony. 
 
 (2.) The Office of the Registrar General of Births and Deaths 
 shall be called the General Register Office. (J 3 of 1898 s. 3.) 
 
 4. — (1.) The Registrar General shall subject to the approval of the 
 Governor, appoint by writing under his hand a fit person to act as his 
 deputy in case he is at any time ill or unavoidably absent, otherwise 
 than on leave. 
 
 (2.) Such deputy shall at all times during such illness or unavoid- 
 able absence of the Registrar General have all the powers and be 
 subject to all the duties and liabilities of the Registrar General, save 
 and except that such deputy shall not have any power to make, rescind 
 or alter any general order, regulation or form, or to rescind or vary 
 anything done l)y the Registrar General or apjiroved of by him in 
 writing under his hand. (13 of 1898 s. 4.) 
 
 5. The Governor, on behalf of His Majesty, may appoint such and 
 so many Clerks as may from time to time be necessary for carrying on 
 the business of the General Register Office, and at pleasure may remove 
 any of them ; and such Clerks shall be paid such salaries as the Com- 
 bined Court may annually assign to them. (s. 4.) 
 
 6. — (1.) The Registrar General shall cause to be made a seal of the 
 General Register Office, and the Registrar General shall cause to be 
 sealed or stamped therewith all certified copies of entries given in the 
 said Office. 
 
 (2.) All certified copies of entries purporting to be sealed or stamped 
 with the seal of the said Office (which seal it shall not be necessary to 
 prove) shall be admissible as evidence of the birth or death to which 
 the same relates, without any further or other proof of such entry ; and 
 no certified copy, purporting to be given in the said Office, shall be of 
 any force or effect which is not sealed or stamped as aforesaid, (s. 5.) 
 
 Power to 7 — (].) It shall be lawful for the Registrar General, with the 
 
 a lei onns. approval of the Governor-in-Council, to alter the Forms contained in the 
 First Schedule. First Schedule to this Ordinance, regard being always had to the 
 
 objects and purposes of this Ordinance and to rendering the same more 
 
 effectual. 
 
 (2.) Any such alterations of the said Forms shall be published in 
 
 The Official Gazette, and shall thereupon be deemed the forms required 
 
 by this Ordinance to be used. 
 
 Milking of 
 regulations for 
 Tnaiiagement 
 of Office. 
 
 8. It shall be lawful for the Registrar General, with the approval of 
 the Governor-in-Council, from time to time to make regulations for the 
 management of the General Register Office and for the discharge of the 
 duties of the Registrar General, of the Clerks of the said Office, and of 
 the Superintendent Registrars and Registrars and their deputies 
 hereinafter mentioned.
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. 
 
 [No. 
 
 343 
 
 9. The Registrar General shall from time to time causo printed Posting of 
 notices to be fixed or placed on the outside of the several Church and j-enuired to*he 
 Chapel doors, or other public and consjiicuous buildings or j)laces, done under the 
 within the respective Registration Divisions and Districts, which said Ordinance, 
 notices shall specify the several acts required to be done for the 
 
 purpose of registering any birth or death under the provisions of this 
 Ordinance. 
 
 10. All fees received by or on account of the Registrar General Reeeipt and 
 under the provisions of this Ordinance shall be entered in a cash book oH^es "^^'^ 
 to be kept for that purpose, and shall be paid over monthly to the 
 Receiver General. 
 
 Supply of Books and Boxes. 
 
 11. — (1.) The Registrar General shall cause to be provided, at Provision of 
 the public expense, a sufficient number of such Register Books and Register 
 forms as may be necessary for the execution of this Ordinance. 
 
 (2.) The Register Books shall be of durable materials, and in them 
 shall be printed upon each side of every leaf the heads of information 
 herein required to be known and registered of births and deaths respec- 
 tively ; and every page of each of such books shall be numbered 
 progressively from the begi»ining to the end of the book, beginning with 
 number one, and every place of entrj^ shall be also numbered progres- 
 sively from the beginning to the end of the book, beginning with 
 number one ; and every entry shall be divided from the following entry 
 by a printed line. 
 
 (3.) The Registrar General shall furnish, for the use of the Regis- 
 trars, a sufficient number of Register Books of Births and of Register 
 Books of Deaths and of forms for certified copies thereof, as may from 
 time to time be required for the purposes of this Ordinance. 
 
 12. — (1.) The Governor shall cause to be furnished, at the public Provision of 
 expense, on the application of the Registrar General, for the use of the iron boxes for 
 Registrars appointed under this Ordinance, a sufficient number of strong Books. 
 iron boxes to hold the Register Books to be kept by each Registrar. 
 
 (2.) Every such box shall be furnished with a lock and two keys 
 and no more, and one of such keys shall be kept by the Registrar and 
 the other key shall be kept by the Superintendent Registrar appointed 
 under this Ordinance. 
 
 (3.) The Register Books of each District, while in the custody of 
 the Registrar and not in use, shall always be kept in the register box, 
 which shall always be kept locked. 
 
 PART II. 
 
 Registration Districts and Divisions. 
 
 13. — (1.) The Governor-in-Council may divide the 
 Registration Districts, and sub-divide such Districts into 
 Divisions, and may, with the like advice and consent 
 manner, add to or diminish the number of Districts or Divisions, 
 and alter the limits of any of them as from time to time may appear 
 necessary. 
 
 Colony into Division of the 
 Registration Colony into 
 
 and 
 
 in 
 
 like 
 
 Registration 
 Districts and 
 Divisions.
 
 344 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 (2.) Every such division, addition, diminution, or change of District 
 or Division when made shall be published in The Official GazpMe, and 
 also within the several Districts or Divisions so appointed in such 
 manner as the Governor may direct. 
 
 Appointment of 14. The Governor may appoint a fit person to be Superintendent 
 
 Supermtendent Registrar of Bii'ths and Deaths in each such District, and in like 
 
 Registrars. manner may appoint a fit person to be Registrar of Births and Deaths 
 
 within each Division, and may remove any such person from any such 
 
 office, and in every case of vacancy in the office of Superintendent 
 
 Registrar or of Registrar may forthwith fill up such vacancy. 
 
 Power to the 
 Governor to 
 requu-e certain 
 Officers to act 
 iia execvition of 
 the Ordinance. 
 
 15. — (I.) The Governor may I'equire all or any of the Commissaries 
 of Taxation, Revenue Officers, Officers of Police, Warden or Government 
 C)fficer appointed under the Mining Laws of the Colony, and Stipendiary 
 Magistrates' Clerks, to act as Supermtendent Registrars or as Registrars, 
 as the case may be, under this Ordinance, without receiving additional 
 remuneration for the performance of such duty. 
 
 (2.) In every case in which any such Commissary, Revenue Officer, 
 Officer of Police, Warden or Government Officer appointed under the 
 Mining Laws of the Colony, or Clerk ceases to hold his office, he 
 shall cease to be a Superintendent Registrar or a Registrar, as the case 
 may be, under this Ordinance. (Amd. 13 of 1898 s. 6.) 
 
 Filling of 
 office of 
 
 16. Whenever the office of Superintendent Registrar for any Regis- 
 Superintendent ^ration District becomes vacant, any District Commissary of Taxation 
 Registrar in whose District comprises the whole or any part of such Registration 
 District shall at once become Superintendent Registrar of such whole 
 or such part of such Registration District, and shall so remain until 
 the appointment of a Superintendent Registrar to such Registration 
 District. 
 
 case of 
 /acancy 
 
 Power to 
 Superintendent 
 Eegistrar to act 
 as Eegistrar 
 in case of 
 vacancy in 
 office. 
 
 Appointment 
 of Deputy 
 Snijcriiitendent 
 Registrars and 
 Registrars. 
 
 17. Whenever from any cause whatsoever there is no Registrar or 
 Deputy Registrar of Births and Deaths in any Registration Division, 
 it shall be lawful for the Superintendent Registrar of the District in 
 which such Registration Division is situate to perform the duties of 
 Registrar of such Division, and receive the fees therefor, until a Regis- 
 trar is appointed ; and any copies of Registers forwarded from any 
 such Division to the General Register Office during any period in 
 which a Superintendent Ptegistrar is performing the duties of Registrar 
 shall be sufficiently certified by the signature of such Superintendent 
 Registrar alone. 
 
 18. — (1.) Every Superintendent Registrar and Registrar shall, 
 subject to the approval of the Governor, appoint, by writing under his 
 hand, a fit jierson to act as deputy, in case of his illness or unavoidable 
 absence. 
 
 (2.) Every such deputy, while so acting, shall have all the powers 
 and fluties and be subject to all the penalties herein declai-ed concern- 
 ing Superintendent Registrars and Registrars respectively ; and, in 
 case of the death or resignation of tlie Superintendent Registrar or 
 Registrar, as the case may be, shall so act until another Superintendent 
 Registrar or Registrar is appointed. 
 
 (3.) Every Superintendent Registrar or Registrar shall be civilly 
 responsible for the acts and omissions of his deputy.
 
 A.D. 1868. j HEG 1ST HAT ION OF BIRTHS, ETC. [No. 1. 
 
 Ub 
 
 19. -(1.) In every case in which any Superintendent Registrar or 
 Registrar dies, or is removed from or ceases to hold his oflice, all register 
 boxes, keys, books, documents, and papers in his possession as such 
 Superintendent Registrar or Registrar or which may come into the 
 possessi(m of his representatives shall be given up as soon as conveniently 
 may be to his successor in oHii e. 
 
 (2.) If any person refuses to give up any such box, key, book, 
 document, or paper in such case as aforesaid, it shall be lawful for any 
 Justice of the Peace, on application made for that purpose, to issue a 
 warrant under his hand for bringiog such person before any Stipen- 
 diary Magistrate, and, on such person appearing or not being found, it 
 shall b) lawful for the Stipendiary Magistrate to hear and determine 
 the matter in a summary way. 
 
 (o.) If it appears to the Stipendiary Magistrate that any such 
 box, key, book, document, or paper is in the custody or power of any 
 such per.son, and that he has refused or wilfully neglected to deliver 
 the same to the person in whose custody the same ought to be, the 
 Stipendiary Magistrate shall commit such offender to the Common 
 Gaol of the County, there to remain without bail until he delivers up 
 the same or until satisfaction has been given in respect thereof ; and 
 the Stipendiary Magistrate may grant a warrant to search for s-uch 
 box, key, book, document, or paper, as in the case of stolen goods, in 
 any dwelling-house or other premises in which any credible witnesses 
 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. 
 
 20. — (1.) Each Superintendent Registrar and Registrar shall, with 
 the approval of the Registrar General, appoint some suitable house, 
 either his dwelling-house or otherwise, to be his ofhce within his 
 District. 
 
 (2.) The Registrar General shall cause to be printed and published 
 in The Official Gazette and within the respective Parishes^ the name, 
 place of abode, office, and hours of business of every Superintendent 
 Registrar and Registrar. 
 
 21. Every Superintendent Registrar and Registrar appointed under 
 the provisions of this Ordinance shall be freed and exempted from 
 serving on any jury or inquest, and from every parochial and corporate 
 office whatever. 
 
 Transfer of 
 
 boxfs, et<'., 
 on death or 
 removal i>i 
 Siiiicrinteiiduiit 
 Ri.'Kistrar or 
 Retjistrar. 
 
 Offices in 
 
 Registration 
 
 Districts. 
 
 Exemption 
 from service 
 on juiy, etc. 
 
 Duty of 
 Registrar to 
 learn and 
 register births 
 
 PART III. 
 
 Registration of Births and Deaths. 
 
 22. Subject to the regulations to be made under this Ordinance, 
 every Registrar shall be and he is hereby authorized and required to 
 inform himself c irefully of every birth and death which may happen 
 within his Division, and to learn and register, as soon after the event i"iil deaths 
 as conveniently may be done and without fee or reward, save as 
 herein provided, in one of the Register Books the particulars re [uired 
 to be registered according to the Forms No. 1 and No. 2 contained in First 
 the First Schedule to this Ordinance, touching every such birth or S'-lifdnle: 
 
 , ' p -^ , . 1 . lomis No. 1 
 
 every such death, as the case may l)e, every such entry being made m jj^d No. -2. 
 order from the beginning to the end of the book. 
 
 ^ Ordinance No. 11 of 1904 s. 4 abolished Parishes.
 
 346 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Obligation on 
 certain persons 
 to give notice 
 of birth of 
 child. 
 
 First 
 Schedule : 
 Foiin No. 1. 
 
 Special 
 provision as 
 liability of 
 occupier in 
 certain cases. 
 
 Liability of 
 successor to 
 defaulting 
 occupier. 
 
 Form of 
 notice given 
 by occupier in 
 certain cases. 
 
 Penalty for 
 default under 
 sections 23-26. 
 
 23. The parent or parents of any child born in the Colony after 
 the commencement of this Ordinance, or the occupier of the house or 
 tenement in which to his or her knowledge such child has Ijeen born, 
 or the nurse or any person present at the birth of such child, shall, at 
 any time within twenty-one days next after the day of such birth, 
 give notice thereof to the Registrar of the Division within which such 
 child has been born ; and every such parent or person above specified, 
 whether he or she has given such notice or not, shall, on being required 
 personally or by written requisition of the Registrar within three 
 months after the date of such birth, attend at the Office of the Regis- 
 trar of the Division in which such birth has occurred, or otherwise at 
 the residence of such parent or person, and give information to the 
 Registrar, according to the best of his or her knowledge and belief, 
 of the several particulars by the Form No. 1 contained in the First 
 Schedule to this Ordinance required to be registered touching the 
 birth of such child, and shall sign the Register in the presence of 
 the Registrar. 
 
 24. In case of a birth in any Gaol or Prison, or in any School, 
 Reformatory, Hospital, Lunatic or Leper Asylum, or other Public or 
 Charitable Institution, or upon any plantation, estate, farm, mining 
 claim, or wood-cutting establishment, the Governor, Keeper, Master, 
 Superintendent, or other chief resident officer of any such Gaol or 
 Prison, or any such School, Reformatory, Hospital, Asylum, or other 
 Public or Charitable Institution, and the manager or other superin- 
 tendent for the time being of such plantation, estate, farm, mining 
 claim, or wood-cutting establishment as "occupier," within the meaning 
 of the last jjreceding section and of section 2, shall be liable in the first 
 instance, and notwithstanding the liability of the parent or parents of 
 such child, to report and give the particulars of the birth of such child 
 to the Registrar of the Division. (Amd. 13 of 1898 s. 7.) 
 
 25. In the event of any default on the part of any such occupier 
 being discovered, after he has ceased to hold such office in any such 
 public institution or such management or superintendence of such 
 plantation, estate, farm, mining claim, or wood-cutting establishment, 
 then and in any such case the proceedings under this Ordinance in. 
 respect of such default may be instituted and prosecuted against his 
 successor, after fourteen days' notice in writing has been given to such 
 successor to have such birth registered in due course of law. (Amd. 
 13 of 1898 s. 7.) 
 
 26. Every Governor, Keeper, Master, Superintendent, or other chief 
 resident officer of any Gaol or Prison, or of any School, Reformatory, 
 Hospital, Asylum, or other Public or Charitable Institution, and every 
 manager or other superintendent for the time being of any plantation, 
 estate, farm, mining claim, or wood-cutting establishment, who may be 
 liable to give notice to any Registrar of any birth or death may give 
 such notice by filling in and forwarding to the Registrar of the Division 
 a form to be prescribed by the Registrar General, and at such times 
 and in such manner as may be fixed by the Registrar General ; and 
 the Registrar General may from time to time alter and vary such form 
 and such times and manner of giving such notice. (Amd. 13 of 1898 
 s. 7.) 
 
 27. Every person in default of doing anything required to l)e done, 
 or prescribed by the Registrar General to be done, by him, under or in
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 
 
 347 
 
 pursuance of the last four preceding sections, shall be liable to a penalty 
 not exceeding fne dollars. 
 
 28. — (1.) Tt shall he lawful for any person giving information of a 
 birth or death happening in any part of the Colony within tlie limits 
 set forth in tlu) Second Schedule to this Ordinance, instead of attend- 
 ing persoiially and signing the original entry in the Register Book of 
 such birth or death, to write the particulars of such birtli or death, as 
 required by this Ordinance upon a printed form, two copies of which 
 shall be sent to him on application by letter or message to the nearest 
 Registrar, and to sign the same, with the name and residence and de- 
 scription of such informant, or to make his mark thereto in presence 
 of a witness, and to forward such printed form to such Registrar, 
 either by some safe messenger or by post. 
 
 (2.) If the receipt of such info7-mation is not acknowledged by the 
 Registrar within ten days, such informant shall be bound to make and 
 forward in like manner a duplicate of such printed form. 
 
 29. — (1.) The Registrar shall, immediately on receiving notice in 
 any manner of a birth or death in any part of the Colony within the 
 limits set forth in the Second Schedule to this Ordinance, forward to 
 some one or more of the persons who are bound to give information of 
 the particulars of such birth or death such printed forms (two copies 
 to each such person) as may be furnished to him for the purpose by 
 the Registrar General, and shall require every person to whom a form 
 may be forwarded to fill up one copy of the same in terms of the last 
 preceding section of this Ordinance ; and, on 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 messenger or 
 by post. 
 
 (2.) The Registrar shall then proceed to register such birth or 
 death in the Register Book, filling up the name, residence, and de- 
 scription 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 Registrar and delivered to the Superintendent Regis- 
 trar, together with the certified copies for the quarter next ensuing. 
 
 30. Nothing in either of the last two preceding sections shall excuse 
 any informant from signing the original liegister in due form, when he 
 is personally present with the Registrar, and an entry is tendered to 
 him by the Registrar for Signature. 
 
 31. If any person residing in any part of the Colony within the 
 limits set forth in the Second Scherlule to this Ordinance, and who is 
 bound to give information of a birth or death, does not, within three 
 months from such birth or death, give such information in either of 
 the ways prescribed by this Ordinance, he shall be liable to a penalty 
 not exceeding five dollars. 
 
 32. The Governor-in-Council may from time to time, by Order to 
 be puljlished in the lite O^fficial (Jazette and one newspaper of the 
 Colony, extend the provisions of the last four preceding sections to 
 other places than those mentioned in the Second Schedule to this 
 Ordinance ; and, at the ex])iration of three weeks from the time of the 
 first publication of any such Order, the provisions of the said sections 
 
 ItiKhts of 
 persons in 
 certain 
 specified 
 districts to 
 give notice in 
 writing instead 
 of in person. 
 
 Second 
 Schedule. 
 
 Duty of 
 Eegistrar on 
 receipt of 
 notice of hirth 
 or death in 
 specified 
 district. 
 
 Saving of 
 obligation on 
 informant to 
 sign original 
 Register, if 
 present. 
 
 Penalty on 
 person in 
 specified 
 district 
 neglecting to 
 give notice of 
 hirtli or deatli 
 under the 
 Ordinance. 
 
 Power to 
 extend 
 provisions as 
 to notice in 
 writing to 
 other than 
 specified 
 districts.
 
 348 
 
 No. 1.] THE LA WS OF BRITISH GUIANA . [A.D. 1868. 
 
 Rule as to 
 entering name 
 of person as 
 father of 
 illegitimate 
 child. 
 
 Registration 
 after exijiration 
 of three months 
 from birth. 
 
 Prohibition of 
 rcgistrati(m of 
 birth after 
 twelve months. 
 
 Registration 
 of name given 
 in bai)tism. 
 
 First 
 Sdiedule : 
 Form No. 3. 
 
 shall apply to any place or places mentioned in such Order, in the same 
 manner as if it or they had been included in the said Schedule. 
 
 33. N^o Registrar who receives information of the birth of an 
 illegitimate child shall enter in the Register of Births the name of any 
 person as the father of such illegitimate child except at the joint 
 request of the mother and of the person who acknowledges himself to 
 be the father of such illegitimate child, and such person shall in such 
 case sign the register together with the mother. 
 
 34. — (1.) After the expiration of three months following the birth 
 of any child, it shall not be lawful for any Registrar to register such 
 birth, save as hereinafter pi'ovided ; that is to say, in case the birth of 
 any child has not been registered according to the provisions herein- 
 before contained, it shall be lawful for any person present at the birth 
 of such child, or for the father or mother or guardian thereof, at any 
 time within twelve months next after the birth of such child, to make 
 before the Superintendent Registrar a declaration in writing of the 
 particulars required to be known touching the birth of such child, 
 according to the best of his or her knowledge and belief, which declara- 
 tion the Superintendent Registrar is hereijy authorized to take, and 
 it shall thereupon be lawful for the Registrar, then and there in the 
 presence of the Superintendent Registrar, to register the birth of 
 such child, according to the information of the person making the 
 said declaration ; and the Superintendent Registrar before whom the 
 said declaration is made shall sign the entry of the birth as well as 
 the Registrar. 
 
 (2.) For every such entry as last aforesaid the Superintendent 
 Registrar shall be entitled to receive a fee of sixty cents from the 
 person requiring the bii'th to be registered, and the Registrar, over and 
 above the fee by this Ordinance authorized to be taken in respect of 
 every birth registered by him, shall be entitled, unless the delay has 
 been occasioned by his default, to take a fee of sixty cents from the 
 person requiring the birth to be registered. 
 
 (3.) No register of births shall be given in evidence to prove the 
 birth of any child where it appears that more than three months have 
 intervened between the day of the birth and the day of the registration 
 of the birth of such child, unless the entry is signed by the Super- 
 intendent Registrar as well as by the Registrar. 
 
 35. After the expiration of twelve months following the birth of 
 any child, it shall not be lawful for any Registrar to register the birth 
 of such child, and no Register of Births shall be given in evidence to 
 prove the birth of any child where it apj^ears that twelve months 
 have intervened between tlie day of the birth and the day of the regis- 
 trati<)n of the birth of such child. 
 
 36.- — (1.) If any child born in the Colony, whose birth has been 
 registered as aforesaid, within twelve months next after the registra- 
 tion of such birth has 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 fourteen days next after such baptism, procure 
 and deliver to the Registrar or Superintendent Registrar of the District 
 in whose; custody the Register of the Birth of the child may then 
 hap{)en to be, a certificate according to the Form No. 3 contained 
 in the First Schedule to this Ordinance or to the like effect, signed
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 
 
 349 
 
 by the clergyman, or minister, or officiating person who has performed 
 the rite of ba])tisni (whicli certificate he is hereby required to deliver 
 immediately after the baptism, whenever the same is then demanded, 
 on payment of the fee of twenty-four cents, which he shall be entitled 
 to receive for the same), and the Registrar or Superintendent Regis- 
 trar, on receipt of such certificate and on payment of the fee of twenty- 
 four cents, which he shall be entitled to receive for the same, shall, 
 without any erasure of the original entry, forthwith register therein 
 that the child was baptized by such name and also the date of the 
 registration of such baptismal name. 
 
 (2.) The Registrar or Superintendent Registrar shall thereupon 
 certify upon the said certificate the additional entry so made, and shall 
 foithwith send the said certificate through the post or otherwise to the 
 Registrar General. 
 
 (.'5.) Whenever a baptismal name has been added to an entry of 
 the birth subsequently to the transmission to the General Register 
 Ortice of the return of certified copies containing such entr^, a duly 
 certified copy of sucii entry, containing the baptismal name and the 
 date of such entry, shall in like manner be sent to the Registrar 
 Genera], who shall cause the same to be duly entered in the Register 
 without any erasui'e of the original entry ; and whenever any such 
 certificate of baptism is received by the Registrar or Superintendent 
 Registrar after the Register Book containing the original entry of 
 birth, as well as the certified copy thereof, have both been forwarded to 
 the Registrar General, the Registrar or Superintendent Registrar shall 
 forward the said certificate to the Registrar General, who shall in Hke 
 manner cause the same to be duly entered in the Register. 
 
 37. — (1.) In the case of any child of parents not rcognizing the 
 sacrament of baptism or infant baptism, when any name has been 
 given to any such child by the parents or guardians of such child 
 other than that by which it may have been registered, it shall be law- 
 ful for such parents or guardians, within twelve months after the 
 birth of such child has been registered, or, if after twelve months, then 
 only with the written authority of the Stipendiary Magistrate of the 
 District in which such parents or guardians reside (whioh authority, upon 
 a statement of the circumstances of the case submitted to him. it shall be 
 lawful for such Magistrate to give) to deliver to the Registrar or 
 Superintendent Registrar in whose custody the Register of the birth of 
 such child may then happen to be, a certificate in the Form No. 4 
 contained in the First Scliedule to this Ordinance, or to the like effect, 
 signed by such parents or guardians ; and thereupon, and on payment of 
 a fee of twenty-four cents, such Registrar or Superintendent Registrar 
 shall, without any erasure of the name by which such child may ha>e 
 been registered, register therein the name of such child. 
 
 (2.) Such certificate shall be certified and transmitted by the 
 Registrar or Superintendent Registrar to the Registrar General, in the 
 like manner and to the like efi'ect as is in this Oi'dinance prescribed 
 regarding certificates in relation to names given in baptism. 
 
 38. Some person present at the death, or in attendance during the 
 last illness, of any person dying in this Colony or the occupier of the 
 hous ; or tenement in which such death has taken place, or, if the occu- 
 pier is the person who has died, then some one or more of tbe persons 
 residing in the house in which such death has taken jilace, shall, within 
 
 Eegistration 
 of name given 
 without 
 baptism after 
 registration. 
 
 First 
 Schedule : 
 Form No. 4. 
 
 Obligation on 
 certain persons 
 to give notice 
 of death.
 
 350 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 First 
 ScliediUe : 
 Form No. 2. 
 
 seven days next after the day of such death, give notice of such death 
 to the Registrar of the Division in which such death has occurred ; 
 and every such person as aforesaid, or if such death has not taken 
 place within a house, then any person present at such death, or having 
 a knowledge of the circumstances attending the same, shall, whether 
 he or she has given such notice or not, on being required personally or 
 by written requisition of the Registrar, within fourteen days after the 
 date of such death, attend personally at the Ottice of the Registrar of 
 the Division in which such death has occurred, or otherwise at the 
 place of residence of such person, and give information to the Regis- 
 trar, according to the best of his or her knowledge and belief, of the 
 several particulars required by the Form No. 2 contained in the First 
 Schedule to this Ordinance, to be registered touching such death, and 
 shall sign the Register in the presence of the Registrar. 
 
 Obligation on 
 person tanding 
 new-boni child 
 or dead body 
 to give notice. 
 
 39, Tn case any person finds 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 Regis 'rar of the Division in which 
 the same has been found ; and the Registrar shall register, after proper 
 inquiry, all the several particulars required to be known and registered 
 touching the said birth or death, or so much anrl so many of the 
 particulars as may have been ascertained, (s. 40.) 
 
 Entry of 
 finding of JniT 
 npon Coroner's 
 Inquest. 
 
 40. In every case in which an inquest is held on any dead body, the 
 Jury shall inquire of the particulars by this Ordinance required to be 
 registered concerning the death, and the Coroner shall communicate 
 the finding of the Jury to the Registrar of the Division in writing 
 under his hand, and the Registrar shall make the entry accordingly : 
 Provided that the Coroner shall not be required to sign the Register 
 as informant ; but the Registrar shall state in the entry of such death 
 that I he information was received from the Coroner, and shall transmit 
 all such inf< rmation to the 
 the same to the Registrar 
 preserve such informations with the records of his Office, (s. 41.) 
 
 Superintendent Registrar, who shall send 
 General, and the Registrar Geneml shall 
 
 PieKistration of 
 birth or death 
 on board ship. 
 
 41.— (1.) In the case of any birth or death on board any ship moored 
 in any river in I he Colony, the master or chief officer shall be bound 
 to report such birth or death in like manner and subject to the like 
 penalties in case of disobedience, as is required of the occupier of a 
 house on shore. 
 
 (2.) 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 birth or death on board any such craft, whether 
 moored or on any coasting or other voyage within the Colony, (s. 42.) 
 
 Jifjiort of death 
 on boat in 
 Mining district. 
 
 42. — The Captain or in case of his death tlic Ijowman, or in case of 
 his death or absence at che time of a death occurring, some person in 
 the boat at the time shall in the case of a boat going to or returning 
 from any Mining District of the Colony be bound to report such death 
 taking place on or from such boat to the nearest Registrar of the 
 Division in the same manner as other deaths are reported and subject
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 351 
 
 to the like penalties in case of disoljedience as is required of the occupier 
 of a house on shore. (13 of 1898 s. 8.) 
 
 43. l^jvery person by whom the information contained in any regis- Signing of 
 ter of birth or death under this Ordinance may have been given, R^Kister by 
 except in cases in which such information has been given by the ^.^^^^ specified 
 Coroner or under the provisions hereinbefore contained as to giving exceiitions. 
 notice in writing, shall sign his name, description, and place of abode 
 in the Register; and, except as aforesaid, no register of birth or death 
 according to this Ordinance shall be given in evidence which is not 
 signed by some person professing to be the informant, and to be such 
 party as is by this Ordinance rec^uired to give such information to the 
 Registrar. 
 
 -&' 
 
 44. — (1.) In case of the inability to write of any person whose sig- Signing by 
 nature is required or necessary under this Ordinance, it shall be lawful m^rk. 
 for such person to adhibit, in the presence of the Registrar, a cross or 
 other mark, and the Registrar shall annex the designation of such per- 
 son to such cross or other mark. 
 
 (2.) Such cross or other mark shall be in all respects as binding 
 and effectual as the signature of such person, if capable of writing, 
 would have been. 
 
 45, — (1.) If any error is discovered to have been committed in the Correction of 
 entry of any birth or death in any Register, the person discovering the ^"o^eous 
 same shall forthwith give information thereof to the Stipendiary Register. 
 Magistrate of the District. 
 
 (2.) Such Magistrate thereupon, or upon otherwise coming to the 
 knowledge of such erroneous entry, shall summon before him the per- 
 son who made and any person concerned in making such erroneous 
 entry or having any knowledge concerning the same, and also any per- 
 son interested in the effect of such erroneous entry, and shall examine 
 all such persons upon oath ; and if such Magistrate is satisfied that any 
 error has been committed in any such entry, he shall, by authority 
 under his hand, direct the Registrar to correct the erroneous entry. 
 
 (3.) The Registrar 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 is 
 made ; and such marginal entry shall be signed by the person applying 
 for the correction. 
 
 (4.) In every such case the Registrar shall make the like alteration 
 in the certified copy of the Register Book to be made by him as herein- 
 after provided : Provided that in case such certified copy and the 
 Register Book from which it was made have been already forwarded 
 to the General Register Office,, the Registrar shall make and forward 
 forthwith to the General Register Office a memorandum of ^\xc\\ error 
 and of the correction to be made. 
 
 46. Nothing in this Ordinance shall affect the registry of baptisms Saving as to 
 or burials as now by law established, or the right of any officiatinc: J'^R'stO' "' 
 
 ' o */ o ();iptlSniS U11Q 
 
 minister to receive any fee which may now Ije usually pai(i for the per- burials, 
 formance or registration of any baptism or buriaK
 
 352 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Obligation on 
 medical 
 attendant to 
 transmit 
 certificate of 
 death to tlie 
 Registrar. 
 
 First 
 Schedule : 
 Form No. 5. 
 
 PART IV. 
 Registration of Causes of Death. 
 
 47. Whereas it is expeflient to establish a registration, of the causes 
 of death : Be it therefore enacted that each Registrar shall furnish 
 from time to time gratis to every duly qualified medical practitioner 
 within his Division the necessary forms of certificates of death in the 
 Form No. 5 contained in the First Schedule to this Ordinance, which 
 certificates the Registrar General shall cause to be printed and for- 
 warded from time to time to every Registrar for that purpose ; and the 
 medical practitioner who may have been in attendance during the last 
 illness and until the death of any pei'son dying in the Colony shall, 
 within ten days after the death of such person, transmit to the Registrar 
 of the Division in which the death has occurred a certificate of the cause 
 of death in the aforesaid form, the particulars of which shall be entered 
 by the Registrar in the Register ; and, in case such certificate is not so 
 transmitted, the Registrar shall transmit to such medical practitioner 
 a form of such certificate, and by a written or printed requisition under 
 his hand shall require such medical practitioner forthwith to return to 
 him such certificate duly filled up, and such medical practitioner shall, 
 within three days after the receipt thereof, return such certificate duly 
 filled up to the Registrar. 
 
 Transmission 
 of certified 
 copies of 
 Registers of 
 births and 
 deaths to 
 Superintendent 
 Registrars, and 
 of Register 
 Books when 
 filled, to the 
 Registrar 
 General. 
 
 First 
 Schedule : 
 Form No. fi. 
 
 Transmission 
 of certified 
 copies of 
 
 PART V. 
 
 Returns, etc. 
 
 Certified Copies of Registers. 
 
 48. — (1.) In the months of January, April, July, and October in 
 every year, on such days as may from time to time be appointed by 
 the Registrar General, every Registrar shall make and deliver to the 
 Superintendent Registrar of his District on durable materials, a true 
 copy certified by him under his hand, according to the Form No. 6 
 contained in the First Schedule to this Ordinance, of all the entries of 
 births and deaths 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 Superinten- 
 dent Registrar shall examine the same, and if found to be correct, sliall 
 certify the same under his hand to be a true copy. 
 
 (2.) If there has been no birth or death registered since the 
 delivery of the last certificate, the Registrar shall certify the fact, and 
 such certificate shall be delivered to the Superintendent Registrar as 
 aforesaid, and be countersigned by him. 
 
 (3.) The Registrar shall keep safely each of the Register Books 
 until it is filled, and shall then deliver it to the Superintendent Regis- 
 trar to be forthwith forwai'ded by him to the Registrar General to be 
 kept in. the records of the General Register Ofiice : Provided always 
 that the Register Books in and for the County of Berbice may be for- 
 warded to and kept in the Registrar's Office for that County, instead of 
 being sent to the Registrar General, if the Governor so directs. 
 
 49. — (1.) Every Superintendent Registrar shall, four times in every 
 year, on such days as may from time to time be appointed by the
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 
 
 353 
 
 Indexes, 
 seurches, and 
 certified 
 copies. 
 
 Registrar General, send to the Registrar General all the certified copies Registers of 
 of the Registers of births and deaths which he has so received during V,^'."*,''"'^ 
 the three months next preceding such quarterly days of transmission ti,e Registrar 
 respectively. General. 
 
 (2.) The Registrar General, if it appears, by interruption of the 
 regular progression of numbers or otherwise, that the copy of any part 
 of any Register has not been duly delivered to him shall procure as far 
 as possible, consistently with the provij^ions of this Ordinance, that the 
 same be amended and supplied. 
 
 (3.) The certified copies so sent to the General Register Oflice shall 
 be thereafter kept in the said Office in such order and manner as the 
 Registrar General, under the direction of the Governor, may think fit, 
 so that the same may be most readily seen and examined. 
 
 50. The Registrar General shall, once in every year, furnish to the FumishinK of 
 Governor and Court of Policy a general abstract of the number of KegiTters! 
 births and deaths registered during the preceding year, in such form 
 and at such date as the Governor may from time to time prescribe. 
 
 51.— (1.) The Registrar General shall cause indexes of all the said 
 certified copies and original Registers herein mentioned to be made and 
 kept in the General Register Office. 
 
 (2.) Every person shall be entitled, on payment of the fees herein- 
 after mentioned, to search the said indexes between the hours of ten 
 o'clock in the morning and four o'clock in the afternoon 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. 
 
 (3.) For every general search of the said indexes there shall be 
 paid the sum of five dollars, and for every particular search the sum of 
 twenty -four cents, and for every such certified copy the sum of sixty 
 cents, and no more. 
 
 52. In case the Governor directs the Register Books in and for the 
 County of Berbice to be kept in the Registrar's Office for that County, 
 the Registrar General shall keep and preserve the original Register 
 Books to be forwarded to him as hereinbefore mentioned, and shall 
 cause all necessary entries and coirections to be made therein, and also 
 indexes of the same to le made and kept with them for reference at 
 the times and in manner provided in respect of the General Register 
 Office, and shall give off certified copie-* and receive and pay over to 
 the Assistant Receiver General, in the mode prescribed by any Ordin- 
 ance for the time being in force relating to the Registrar's Office for the 
 County of Berbice the like fees for searches and copies as are by this 
 Ordinance made payable at the General Register Office. 
 
 53. Every Registrar shall, subject to such regulations as may from 
 time to time be made by the Registrar General, allow searches to be 
 made of any Register Book in his keeping, and shall give a copy, cer- 
 tified under his hand, of any entry or entries in the same, on payment 
 of the fee hereinafter mentioned, that is to say, for every such search 
 the sum of twenty-four cents, and foi- every single certificate the sum 
 of twenty-four cents. 
 
 Provision for 
 keeping 
 Register 
 Books for 
 Berbice. 
 
 See Ordinance 
 No. 6 of 
 1880. 
 
 Searches in 
 Register 
 Books in 
 Icecping of 
 Registrars. 
 
 every smgi 
 
 54. In case any certified copy of any Register of births or deaths is 
 lost in course of transmission to the General Register Office, the 
 
 Provision for 
 case of loss of 
 certified copy 
 of Register.
 
 354 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Prohibition 
 of transmitting 
 original 
 Eegister at 
 same time as 
 certified 
 copies thereof. 
 
 Making of 
 quarterly 
 account of 
 fees by 
 Registrar. 
 
 Making of 
 quarterly 
 account of 
 fees by 
 
 Superintendent 
 Registrar. 
 
 Payment of 
 fees in case of 
 place other 
 than George- 
 town or New 
 Amsterdam. 
 
 Payment of 
 fees in case of 
 
 Superintendent Registrar by whom the same may have been forwarded 
 shall forthwith procure fresh copies to be made and forwarded to the 
 General Register Office in lieu of those so lost. 
 
 55. — (1.) No original Register Book shall at any time be forwarded 
 or transmitted from any Registrar to any Superintendent Registrar or 
 from any Superintendent Registrar to the General Register Office, or 
 otherwise, at the same time and by the same person by whom any 
 certified copies are forwarded or transmitted. 
 
 (2.) Any Superintendent Registrar or Registrar who carries, for- 
 wards, or transmits, either by post or in any other way, the original of 
 any Register at the same time as the certified copy, or until the'original 
 or copy of the same Register previously transmitted has been acknow- 
 ledged to have arrived at its place of destination, shall be liable to 
 a penalty not exceeding forty-eight dollars. 
 
 Fees. 
 
 56. — (1.) Every Registrar shall four times in every year, make out 
 an account of the number of the births and deaths which he may have 
 registered since the last quarterly account, and the Superintendent 
 Registrar shall verify and sign the sj,me. 
 
 (2.) When any such account has been rendered to and certified by 
 the Registrar General, there shall be paid to the said Registrar from 
 the Public Revenues or out of such funds as may be available for that 
 purpose as hereinafter provided but not otherwise, as the case may be, 
 such sums as he may be entitled to receive on the said account at the 
 rate of twenty-four cents for every entry of birth or death included 
 in such account : Provided that no fee shall be paid for any entry 
 which may appear to the Registrar General to have been made in 
 a careless manner or in an illegible handwriting. 
 
 57. — (1.) Every Superintendent Registrar shall, four times in every 
 year, at such periods as may from time to time be appointed by the 
 Registrar General, make out and send to the Registrar General an 
 account of the number of entries in the certified copies so sent by him 
 under this Ordinance to the Registrar General. 
 
 (2.) If, on examination, such account is found correct, the Superin- 
 tendent Registrar shall be entitled to receive from the Public Revenues 
 or out of such funds as may be available for that purpose as hereinafter 
 provided but not otherwise, as the case may be, the sum of four cents 
 for every entry in such certified copies : Provided that no Commissary 
 of Taxation, Revenue Officer, Officer of Police, Warden or Government 
 Officer appointed under the Mining Laws of the Colony, or Stipendiary 
 Magistrate's Clerk shall be entitled to receive any fees under this or 
 the last preceding section as a Registrar or Superintendent Registrar. 
 (Amd. 13 of 1898 s. 6.) 
 
 58. In every case in which any amount is payable in respect of fees 
 under ei*^her of the last two jjreceding sections to any Registrar or 
 Superintendent Registrar of any part of the Colony other than George- 
 town or New Amsterdam, the same sliall be paid by the Receiver 
 (ieneral or the Assistant Receiver General, on the warrant of the 
 Governor, from the Public Revenues of the Colony. 
 
 59. — (1.) In every case in which any amount is payable in respect of 
 fees under section 56 or section 57 to any Registrar or Superintendent
 
 A.D. 1868.] REGTSTEATTON OF nrRTlTS, ETC. [No. 1. 
 
 355 
 
 Registrar of Georgetown or New Amsterdam, the same shall be 
 paid by the Mayor and Town Council of the said City or Town, as 
 the case may be, from and out of the municipal rates or taxes, and 
 shall be recovei-able by summary execution at the instance of the 
 otticer to whom the same may be due, by his style of office, without 
 naming him. 
 
 (2.) In any proceeding for the recovery of any account for such 
 fees, an account purporting to be signed by the officer to whom the 
 same purports to be due, and pur[iorting to be certified by the Registrar 
 General and to be stamped and sealed with the seal of the General 
 Register Office, 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 
 Colony. 
 
 Burial of Still-born Children. 
 
 60. — (1.) No person shall wilfully bury or cause to be buried the 
 body of any deceased child as if it were still-born, except as hereinafter 
 provided. 
 
 (2.) No person who has the control over, or ordinarily buries bodies 
 in, any burial ground shall bury or permit to be buried in such burial 
 ground the body of any deceased child as if it were still-born, or shall 
 bury or permit to be buried in such burial ground any still-born child, 
 before there is delivered to him either — 
 
 («.) A written certificate that such child was not born alive, 
 signed by a licensed medical practitioner who was in attend- 
 ance at the birth of such child, or, in the event of no licensed 
 medical practitioner having been in attendance at the birth of 
 such child, then a certificate of a licensed medical practitioner 
 who has been called in subsequent to the birth of such child, 
 to the eflfect that he has examined the body of such child, and 
 that, to the best of his knowledge and belief, the child was 
 not born alive, or 
 (b.) If there has been an inquest, an order of the Coroner who 
 presided at such inquest. 
 
 61. — (1.) Every person who, on presenting the body of a still-born 
 child for burial, at the time of presenting such body for burial or 
 within such time as may be allowed by the person to whom such body 
 is pi'esented for burial, fails to produce to such person one of the certifi- 
 cates of a medical practitioner referred to in the last preceding section 
 or an order of the Coroner, if an inquest has been held, shall be liable 
 to a penalty of not less than five dollars and not exceeding fifty dollars. 
 
 (2.) Every person who acts contrary to the provisions of the last 
 preceding section with respect to the burying of the body of any still- 
 born child shall be liable to a similar penalty. 
 
 62. — Every person who forges, or utters knowing it to be forged, any 
 such certificate or order as is referred to in section 60 shall be guilty of 
 a misdemeanor, and, being convicted thereof before the Supreme Court 
 of British Guiana in its criminal jurisdiction, shall be liable to im- 
 prisonment, with or without hard labour, for any term not exceeding 
 two years. 
 
 63.— (1.) Where a licensed medical practitioner is applied to by any 
 person to view the body of any child alleged to have been still-born 
 
 Georgetown 
 or New 
 Amsterdam. 
 
 Provisions 
 relating to 
 burial of 
 deceased and 
 still-born 
 cbildren. 
 
 VOL. I. 
 
 24 
 
 Obligation on 
 persons pre- 
 senting body 
 of stiU-bom 
 child for 
 burial to 
 produce 
 certificate of 
 medical 
 practitioner. 
 
 Punislunent 
 of person 
 forging or 
 uttering forged 
 certificate. 
 
 Payment of 
 fee to medical 
 practitioner.
 
 356 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 Obligation 
 on person 
 burj'ing still- 
 bom chUd to 
 infomi 
 Eegistrar. 
 
 Punishment 
 of person 
 wiDfuUy giving 
 false infor- 
 mation. 
 
 Punisliment 
 of person 
 destroying, 
 etc., Register 
 Book. 
 
 See now 
 Ordinance 
 No. 18 0/1893, 
 ss. 258 and 
 259. 
 
 Penalty for 
 not duly 
 registering 
 birth or death, 
 or for losing or 
 injuring 
 Register. 
 
 Penalty on 
 person 
 
 neglecting to 
 deliver 
 Registers or 
 copies thereof 
 when required. 
 
 Penalty on 
 
 medical 
 
 practitioner 
 
 neglecting to 
 
 transmit 
 
 certificate of 
 
 death. 
 
 Penalty on 
 
 person 
 
 improperly 
 
 registering 
 
 birth. 
 
 and to give a certificate under this Ordinance, and such person is unable 
 to pay any fee, the medical practitioner may, with the sanction of the 
 Governor, receive from any money granted for the contingent expenses 
 of Justice a fee of two dollars for viewing the body. 
 
 (2.) Where such a certificate as is referred to in section 60 can 
 be properly given by the medical practitioner, such fee shall include 
 the granting of such certificate. 
 
 64. Every person who buries or causes to be buried the body of any 
 still-born child shall be bound to inform the Registrar of the Division 
 in which such burial has taken place of the fact of such burial within 
 seven days after such burial has taken place ; and if any such person 
 fail to do so, he shall be liable to a penalty of not less than five dollars 
 and not exceeding fifty dollars. 
 
 PART VI. 
 
 Offences and Procedure. 
 
 65. Every person who wilfully makes or causes to be made, for the 
 purpose of being inserted in any register of births or deaths, any false 
 statement touching any of the pa'^ticulars herein required to be known 
 and registered, shall, on summary conviction thereof, be liable to 
 imprisonment with or without hard labour, for any term not exceeding 
 six months, or to a penalty not exceeding two hundred and fifty 
 dollars. (26 of 1903, s. 3). 
 
 66. Sections 38 and 39 of Ordinance No. 23 of the Year 1862, 
 entitled "An Ordinance to consolidate and amend the Law relating to 
 Indictable Offences by Forgery," shall be incorporated with and form 
 part of this Ordinance. 
 
 67. Every Registrar who refuses, or without reasonable cause omits, 
 to register any birth or death of which he has had due notice, or to 
 make any addition to or alteration upon the register in accordance 
 with the provisions of this Ordinance, and every person having the 
 custody of any Register Book, or certified copy thereof or of any part 
 thereof, who carelessly loses or injures the same or carelessly allows 
 the same to be injured whilst in his keeping, shall for every such 
 oflfence be liable to a penalty not exceeding forty-eight dollars. 
 
 68. Every person who under the provisions of this Ordinance is 
 required to dehver the Register of births and deaths, or copies of 
 such Registers, to any Superintendent Registrar or to the Registrar 
 General and who, after being duly required to deliver such Registers 
 or copies as aforesaid, refuses, or during one month neglects, to do so, 
 shall for every such offence be liable to a penalty not exceeding forty- 
 eight dollars. 
 
 69. Every medical practitioner who, after being required by the 
 Registrar to return him a certificate of the cause of death duly filled 
 up under section 47, without reasonable cause refuses or neglects to do 
 so, shall for every such offence be liable to a penalty not exceeding 
 forty-eight dollars. 
 
 70. Every person who — 
 
 (1.) Knowingly registers or causes to be registered the birth of any 
 child otherwise than is by this Ordinance required after the
 
 A.D. 1868.] REGISTRATION OF BIRTHS, ETC. [No. 1. 357 
 
 expiration of three months following the day of the birth of such 
 child ; or 
 (2.) Knowingly registers or causes to be registered the birth of any 
 child after the expiration of twelve months following the day of 
 the birth of such child, 
 
 shall for every such offence be liable to a penalty not exceeding twenty- 
 four dollars. 
 
 71. Every person requii'ed by this Ordinance who, within the period Penalty on 
 specified by this Ordinance, fails to give notice of any birth or death to person faQing 
 the Registrar of the Division within which such birth or death has of birtVor"^^ 
 occurred shall be liable to a penalty not exceeding five dollars. death. 
 
 72. Subject to the provisions hereinbefore contained as to giving Penalty on 
 notice in writing, every person required by this Ordinance who, within person failing 
 the period specified by this Ordinance, fails to attend personally at the iufonuation 
 place specified by the Registrar of the Division within which such birth personally to 
 or death has occurred, and to give information to such Registrar of the ''^f^^^V'^'^oh'rti 
 particulars required by this Ordinance to be registered touching such or death." 
 birth or death, or refuses to sign the Register in the presence of the 
 Registrar, shall be liable to a penalty not exceeding ten dollars. 
 
 73. In the case of finding exposed any new-born child or any dead Penalty on 
 body, every person who is required by this Ordinance to give notice, person failing 
 and who does not give notice forthwith of finding the same, and of the *f gndina^n ^ . 
 place where the same was found, to the Registrar of the Division in bom chifd or 
 which the same has been found, shall be liable to a penalty not exceed- ^^^^ ^^^J- 
 ing five dollars. 
 
 74. Whenever notice is required by this Ordinance to be given, the Right to give 
 person required to give the notice shall be held to have sufficiently notice by post. 
 discharged himself if he proves 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 
 containing the particulars of which the notice is required to be given. 
 
 75. No penalty imposed by this Ordinance on persons failing to give Penalty not 
 any notice required by this Ordinance shall be exacted, if any of the exigible if 
 persona so required have or has given such notice. "°*^'^^ ^^'^"• 
 
 76. No penalty imposed by this Ordinance shall be exacted in any Penalty not 
 case where it appears, to the satisfaction of the Stipendiary Magistrate, exigible where 
 that the person failing to comply with the provisions of this Ordinance wilful! ^^^ 
 
 in relation to the giving notice 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 (jver which he 
 had no control, and where he had used every reasonable endeavour 
 towards compliance with such provisions. 
 
 77. Every penalty recoverable under the provisions of this Ordinance Procedure and 
 shall be recoverable in a summary manner, according to the provisions appeal. 
 
 of any Ordinances for the time being in force regulating pr icedure SeeOrdinances 
 before the Stipendiary Magistrates in the exercise of their summary ^"^^ ^No^ii3 
 jurisdiction and appeals from the decisions of Stipendiary Magistrates. 1893^ 
 
 78. All letters 8ent by post under the provisions of sections 28 and Postage of 
 29, all letters and parcels addressed to any Registrar or Superintendent letters, etc- 
 Registrar or to the Registrar General, and all letters from the General 
 Register Office, shall be forwarded free of postage. 
 
 VOL. 1, 24a
 
 358 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
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 Registrar. 
 
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 10th January, 
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 360 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1868. 
 
 Section 36. 
 
 Form No. 3. 
 Certificate of Baptisth. 
 
 I, 
 
 of 
 
 do hereby certify that I have this day baptized 
 by the name of a [^state the sex"] child produced to me by 
 
 as the child of A.B. and C. D., of and declared by the said 
 
 to have been born at in the County of on the day 
 
 of 1 
 
 Dated this 
 
 day of 
 
 1 
 
 (Signed.) 
 
 Section 37. 
 
 Form No. 4. 
 
 Certificate of Name given without Baptism. 
 
 I do hereby certify that the child named -was born at 
 
 in the County of on the day of 1 ; that 
 
 A. B. and C. B., of are the parents of the said child ; and that the 
 
 name of was given to the said child on the day of 
 
 1 , according to the rules or usage of the sect or persuasion of 
 to which the said parents belong. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Parent [or Guardian]. 
 (Signed.) 
 
 Magistrate, 
 
 Section 47. 
 
 Form No. 5. 
 Medical Certificate of Cause of Death. 
 
 To the Registrar of the Division of in the District of 
 
 in the County of 
 
 I hereby certify that I attended who was apparently aged [or 
 
 was stated to be aged] years ; that I last saw him [or her] on the 
 
 day of 1 , at ; that he \or she] died on the 
 
 day of 1 , at ; that the cause of his 
 
 [or her] death was ; and that the disease had continued 
 
 Dated this day of 1 . 
 
 (Signed.) 
 
 Profession, 
 
 Eesidence, 
 
 Section 48. 
 
 Form No. 6. 
 
 Certified Copy of Register of Births or Deaths. 
 
 I, the Kegistrar of Births and Deaths in the Division of 
 
 in the District of in the County of do hereby 
 
 certify that this is a true copy of the Register Book of Births [or Deaths] 
 within the said Division from the entry of the birth [or death] of 
 No. to the entry of the birth [or death] of No. 
 
 Dated this 
 
 day of 
 
 1 
 
 (Signed.) 
 
 Registrar. 
 
 N.B. — The vords in ifalirs and tie hlanJcs for words and figures in the above Forms 
 No. 3, No. 4, No. 5, a7id No. 6 to be be filed in as the case may be.
 
 A.D. 1868.] FERGUSON'S PENSION. [No. 2. 361 
 
 THE SECOND SCHEDULE. 
 
 Places in respect of which Notices of Births and Deatus may be Section 28. 
 
 GIVEN IN Writing. 
 
 The County of Essequebo. 
 
 From and exclusive of Plantation Devonshire Castle to the River Pomeroon and 
 its Tributaries and islands ; and the Tapacooma Lake, and the other Lakes 
 on the Essequebo Coast, except such parts as belong to Sugar Plantations in 
 cultivation. 
 
 The Supenaam Creek and its Tributaries ; the River Essequebo and its 
 Tributaries and Islands, from the Supenaam Creek on the one Bank, and Plan- 
 tation Philadelphia on the other Bank upwards, excepting the Penal Settlement 
 and the Town of Bartica ; and the Islands of Essequebo, exclusive of Leguan, 
 Wakenaam, and Tiger Islands. 
 
 The Left Bank of the Boerasirie Creek, beyond where it adjoins any Sugar 
 Plantation. 
 
 The County of Betnerara. 
 
 The River Demerara and its Tributaries and Islands, from Plantations Vries- 
 land on the West Bank, and Plantation Golden Grove on the East Bank, up- 
 wards. 
 
 The Right Bank of the Boerasirie Creek, beyond where it adjoins any Sugar 
 Plantation. 
 
 The Mahaica, Creek and its Tributaries, above Plantation Cane Grove on the 
 West Bank, and the Bridge on the East Bank. 
 
 The Mahaicony Creek and its Tributaries, above Relief Village on the East 
 Bank, and Felicity on the West Bank. 
 
 The Abary Creek and its Tributaries, above the Bridge. 
 
 The County of Berhice. 
 
 The River Berbice and its Tributaries and Islands, from Plantation Eighbury on 
 the East Bank, and Ithaca on the West Bank, upwards. 
 
 The Canje Creek and its Tributaries, from Plantation Goldstone Hall on the East 
 Bank, and Sandvoort on the West Bank, upwards. 
 
 The Corentyne Coast, from Ulverston upwards to Anamoronusi, or No. 66 
 Creek. 
 
 The River Corentyne and its Tributaries on the West Bank and Islands, from 
 Plantation Sheldon upwards. 
 
 ORDINANCE No. 2 OF 1868. 
 
 An Ordinance to grant to the Reverend Alexander a.d.i868. 
 Ferguson a Pension of Three Hundred and Thirty- *~~ 
 
 six Dollars per annum. 
 
 [23rd, May, 1868.] 
 
 WHEREAS at a Special Session of the Combined Court it was, 
 on the 12th day of March, 1868, resolved that it is expedient 
 that a pension of seventy pounds per annum, commencing from 
 the 1st day of January, 1868, should be granted to the Reverend 
 Alexander Ferguson, and secured by Ordinance : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. From and after the commencement of this Ordit)ance, it shall be Granting of 
 lawful for the Governor, in the name and on the behalf of Her Majesty, pension of
 
 362 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 $336 per annum to grant to the said Reverend Alexander Ferguson a pension of three 
 Fergulon. hundred and thirty-six dollars per annum during the term of his 
 
 natural life ; and the Receiver General shall, on the warrant of the 
 Governor, pay the said pension to the said Reverend Alexander 
 Ferguson, or his lawful attorney, quarterly, on the four most usual 
 quarter days of che year, commencing as from the 1st day of January, 
 1868. 
 
 OEDINANCE No. 3 OF 1868. 
 
 A.D. 1868. An Okdinance respecting the Colony House at New 
 * Amsterdam and the Court-House at Suddie, 
 
 [13th June, 1868.] 
 
 WHEREAS the premises knov^n respectively as the Colony House 
 at New Amsterdam, in the County of Beibice, and the Court- 
 House at Suddie, in the County of Essequebo, are public property, and 
 are maintained at the public expense, under direction of the Governor ; 
 And whereas questions have been raised as to the rights of the 
 Executive Government in relation to the said premises, and the occu- 
 pation thereof, and it is expedient that such rights should be declared 
 and defined by Ordinance : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Vesting of 
 Colony House 
 at New 
 
 Amsterdam and 
 Com-t House at 
 Suddie, in the 
 Governor, with 
 proviso as to 
 rij^hts of the 
 Judges. 
 
 1. The direction and control of the said several premises known as 
 the Colony House at New Amsterdam and the Court House at Suddie, 
 and of all and every the apartments therein respectively, shall be and 
 are hereby declared to be vested in the (7 0vernor, and the occupancy 
 of the said several premises, and of the apartments therein respectively, 
 shall be and is hereby declared to be subject to his pleasure, and no 
 person shall be entitled to use or occupy any of the said apartments 
 except with his permission first obtained : Provided always that nothing 
 in this Ordinance shall in any way prejudice or afPect the right of 
 the Judges of the supreme Court of British Guiana, or any of them, 
 to the free and unrestricted use of the respective Court Halls at ISiew 
 Amsterdam and Suddie, whenever judicial business is required to be 
 transacted therein.
 
 A.D. 1868.] REVENUE DEFENCE FUND. 
 
 [No. 4. 
 
 363 
 
 OKDINANCE No. 4 OF 1868. 
 
 An Ordinance to provide for the Establishment and a. d ise s. 
 Administration of a Revenue Defence Fund. 
 
 [1st July, 1868.] 
 
 WHEREAS it is expedient that a fund should be established for 
 the purpose of providing the Officers of Colonial Customs and 
 Revenue with legal advice and assistance and in defraying on 
 their behalf the costs of legal proceedings in matters wherein the public 
 interest is concerned : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, a,s follows : — 
 
 1 . This Ordinance may be cited as the Revenue Defence Fund Short title. 
 Ordinance, 1868. 
 
 2. In this Ordinance, — 
 
 " Stipendiary Magistrate " means any of His Majesty's Stipendi- 
 ary Magistrates in and for this Colony : 
 "The Receiver General '' includes the Assistant Receiver General : 
 " The Fund " means the Revenue Defence Fund established by 
 this Ordinance. 
 
 Interpretation 
 of terms. 
 
 3. A fund, to be called " the Revenue Defence Fund," is hereby 
 established for the purposes hereinbefore mentioned. 
 
 4. Whenever any fine or penalty is recovered or paid in any case of 
 summary jurisdiction, the Stipendiary Magistrate receiving the same, 
 before pi'oceeding to the distribution or appropriation of such fine or 
 penalty, under any Ordinance regulating such distribution or appropri- 
 tion, and whether there is an informer's share or not, shall deduct and 
 retain from and out of such fine or penalty a sum equal to ten per cent, 
 of the gross amount thereof, and he shall cause the Clerk monthly to 
 pay over all such sums so deducted and retained to the Receiver 
 General, who shall enter the same to the credit of the Fund. 
 
 Establishment 
 of Revenue 
 Defence Fimd. 
 
 Pajinent of 
 10 per cent, of 
 fine or penalty 
 to the Fund. 
 
 5. In like manner there shall be deducted and retained from and 
 out of the gross proceeds of every forfeiture or seizure realized, re- 
 covered, or paid, a sum equal to ten per cent, of such gross proceeds, 
 and the Stipendiary Magistrate or Officer receiving such gross proceeds 
 shall pay over every such sum so deducted and retained to the Receiver 
 General, who shall enter the same to the credit of the Fund. 
 
 6. Where by any law or Ordinance any share or portion of any fine, 
 penalty, forfeiture, or seizure is appropriated or made payable to the 
 Governor of this Colony, such share or portion shall be paid over 
 to the Receiver General, who shall enter the same to the credit of the 
 Fund. 
 
 Payment of 
 10 per cent, 
 of forfeiture 
 or seizure to 
 the Fund. 
 
 Paj-ment of 
 Governor's 
 share of fines, 
 etc., to tlie 
 Fund.
 
 36-1 
 
 Application 
 of the Fund. 
 
 No. 4.] THE LAWS OF BRITISH GUIANA: [A.D. 1868. 
 
 7. The Fund, under the order and direction of the Governor and at 
 his discretion, shall be applied to providing the Officers of Colonial 
 Customs, Commissaries of Taxation, Revenue Officers, and all other 
 officers and servants of the Colonial Government engaged in the col- 
 lection or protection of the Revenue with legal advice and assistance, 
 and. in defraying on their behalf the costs of legal proceedings, in all 
 matter? and cases in which, in the opinion of the Governor, the public 
 interest is concerned ; and the Receiver General may from time to 
 time, on the warrant or order of the Governor, pay such sums for the 
 purposes aforesaid from and out of the Fund as the Governor may 
 direct, without any further or other order or formality. 
 
 A.D. 1868. 
 
 OEDTNANCE No. 5 OF 1868. 
 
 An Ordinance for the Incorporation of the Curates 
 and Wardens of District Chapels. 
 
 [18th July, 1868.] 
 
 WHEREAS in divers Parishes in this Colony District Chapels 
 have been established in connexion with the Church of Eng- 
 land, and Curates have been nominated and licensed thereto 
 having separate cure of souls, and annual salaries have been assigned to 
 them by Ordinance ; 
 
 And whereas it is expedient that provision should be made for 
 incorporating the Curates and Wardens of such Chapels : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 Appointment 
 and tenure of 
 office of Chapel 
 Wardens. 
 
 1. This Ordinance may be cited as the District Chapels Ordinance, 
 
 1868. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 The " Bishop," in case of the absence of the Bishop or his inability 
 to act, or in case of a vacancy in the See, includes the Vicar- 
 General of the Diocese : 
 
 " District Chapel " means any Church or Chapel of the Church of 
 England, other than the Parish Church, to the Curate or Incum- 
 bent of which an annual salary is now or hereafter may be 
 assigned by Ordinance : 
 
 " District Curate " means any such Curate or Incumbent. 
 
 3. — (1.) In every Parish in this Colony in which there maybe a 
 District Chapel, it shall be lawful for the Governor to appoint two fit 
 and proper persons to be Wardens of such Chapel, and from time to 
 time to fill up vacancies in the number of such \N ardens. 
 
 (2.) Such Chapel Wardens shall be appointed on the recommenda-
 
 A.D. 1868.] 
 
 DISTRICT CHAPELS. 
 
 [No. 5. 
 
 365 
 
 tion of the District Curate, whose duty it shall be to report to the 
 Governor any vacancy which may occur. 
 
 (3.) The persons appointed Cliapel Wardens shall continue in 
 their said office for three years from the date of their respective 
 appointments and until others are appointed in their stead 
 
 4. The Curate and Wardens of every District Chapel, by their name Incorporation 
 of office and specifying the particular Chapel, shall be a body politic Wa^.^ens^o't'^*^ 
 and corporate, with perpetual succession, and it shall not be necessary District 
 
 for them to have a common seal, and they shall have full power and Chapel, 
 authority in their corporate name to sue and be sued, and to acquire 
 and hold immovable property, and to grant mortgages thereon, and to 
 sell and transport the same : Provided always that the annual value of 
 the land held by any one District Curate and Chapel Wardens shall in 
 no case exceed two thousand five hundred dollars. 
 
 5. When and so soon as any two Wardens are appointed for any Publication of 
 District Chapel under the provisions of this Ordinance, notice thereof notice of 
 shall be given in The Official Gazette for general information, and such of Chapel 
 notice shall be conclusive evidence of the due incorporation of the Wardens. 
 District Curate and Wardens of the Chapel for the purposes and within 
 
 the meaning of this Ordinance, and the date of incorporation shall be 
 deemed to be the date of the publication of the notice. 
 
 6. It shall be lawful for any District Curate and Chapel Wardens Power to 
 for the time being, in their corporate name, to borrow money on bonds "mortgage 
 or other securities for the purposes of erecting, renewing, or repairing property of 
 the District Chapel or other buildings under theii" management and District 
 control, and to secure the repayment of any sum or sums of money so '^^^ ^^^' 
 borrowed, and of the interest thereon, by gi'anting a preferent lien or 
 security, by bond or by mortgage, on the revenues of the District Chapel 
 
 under their management and control, as well as on the buildings and 
 immovable property held by them in their corporate capacity : Pro- 
 vided always that no immovable property shall be acquired, sold, or 
 transported by any such Curate and Chapel Wardens, and also that no 
 bond, mortgage or other transferable evidence of debt shall be granted 
 or issued by them, without the consent of the Governor and Court of 
 Policy ; and the Governor and Court of Policy shall, before granting 
 such consent, obtain evidence, to their satisfaction, that the property 
 sought to be acquired, sold, or transported, or that the loan required, by 
 such Curate and Chapel Wardens is for an object approved of by the 
 Bishop of the Diocese, and that adequate provision has been made for 
 the total extinction of the debt, with the interest thereon, within a 
 period not exceeding twenty years. 
 
 7. It shall be lawful for any District Curate and Chapel Wardens Power to pass 
 for the time being, in their corporate name, to pass, execute, grant, ^"^1*° • ^ '^• 
 accept and receive any transport, mortgage, bond, or other securiry 
 authorized to be executed or received under the provisions of this 
 Ordinance. 
 
 8. In all legal proceedings against any District Curate and Chapel Legal 
 Wardens service of pi'ocess upon the Curate for the time being shall be Proceedings, 
 good and sufficient service, and in all legal proceedings by any District 
 
 Curate and Chapel Wardens the power ad litem shall be signed by the 
 Curate and Chapel Wardens for the time being.
 
 366 
 
 No. 5.] THE LA WS OF BRITISH QUI AN A : [A.D. 1868. 
 
 Form of bond, 
 and provision 
 for defaced or 
 lost bond. 
 Schedule. 
 
 Duties of 
 
 Chapel 
 
 Wardens. 
 
 9. — (1.) Any bond issued by virtue of this Ordinance may be in the 
 Form contained in the Schedule to this Ordinance, or as near thereto 
 as circumstances will admit. 
 
 (2.) In case any bond so issued is by accident defaced, it shall be 
 lawful for the District Curate and Chapel Wardens to cause a new 
 bond to be made and delivered to the bearer, and to cause the defaced 
 bond to be cancelled in their presence, and the bond so cancelled shall 
 be filed ; and the new bond shall bear the same number, date, and prin- 
 cipal sum, and carry the same interest, and be subject to the same rules 
 as the cancelled bond. 
 
 (3.) Any such Curate and Chapel Wardens, on proof to their satis- 
 faction that any bond issued under this Ordinance has been lost or 
 destroyed before the same has been paid off, may, if the number and 
 amount of such bond are ascertained, and on being furnished with due 
 security for indemnifying them for any loss to which they may at any 
 time be subjected by reason thereof, issue a new bond corresponding in 
 all respects with the bond so lost or destroyed, or if any bond, when so 
 lost or destroyed, is overdue, may cause the money due thereon to be 
 paid off and discharged. 
 
 10. — (1.) The Wardens of any District Chapel who may be 
 appointed under the provisions of this Ordinance shall collect and 
 receive the rents of the pews and seats in the District Chapel, and shall 
 do, perform, and execute all lawful acts, matters, and things necessary 
 for the maintenance of the fabric thereof, and for the recovery of the 
 pew rents, if in arrear. 
 
 (2.) The money given at the offertory at such Chapel shall be dis- 
 posed of by the District Curate and Wardens thereof in the same 
 manner as the money given at the offertory at any District Church in 
 England is by the Law of England directed to be disposed of by the 
 Minister and Church Wardens thereof. 
 
 Banking of 
 moneys. 
 
 Submission of 
 
 annual 
 
 account. 
 
 1 1 . All moneys at the disposal of any District Curate and Chapel 
 Wardens shall be deposited in one of the local banks of the Colony in 
 their corporate name, and such moneys shall not be drawn out of any 
 such bank except by cheques signed by the District Curate and Chapel 
 Wardens for the time being. 
 
 12. The Curate and Wardens of every District Chapel shall lay 
 before the Governor and Court of Policy, on or before the first day of 
 March in each year, an exact account of their receipts and expenditure, 
 and a copy of the same shall be affixed to the doors of such Chapel.
 
 A.D. 1868.] 
 
 DISTRICT CHAPELS. 
 
 [No. 5. 
 
 367 
 
 SCHEDULE. 
 
 Form of Bond. 
 
 Section 9. 
 
 6. It shall be lawful for any 
 District Ciu-ate and Chapel War- 
 dens for the time being, in their 
 corporate name, to borrow money 
 on bonds or other securities for 
 the purpose of erecting, renewing, 
 or repairing the District Chapel 
 or other buildings under their 
 management and control, and to 
 secure the repa\Tnent of any sum 
 or sums of money so borrowed, 
 and of the interest thereon, by 
 granting a preferent lien or se- 
 curity, by bond or by mortgage, on 
 the revenues of the District Chapel 
 under their- management and con- 
 trol, as well as on the buildings 
 and immovable property held by 
 them in their corporate capacity. 
 Provided always that no immov- 
 able property shall be acquired, 
 sold, or transported by any such 
 Curate and Chapel Wardens, and 
 also that no bond, mortgage, or 
 other transferable evidence of 
 debt shall be granted or issued by 
 them, without the consent of the 
 Governor and Court of Policy ; 
 and the Governor and Court of 
 Policy shall, before granting such 
 consent, obtain evidence, to theii- 
 satisfaction, that the property 
 sought to be acquired, sold or 
 transported, or that the loan re- 
 q\iired, by such Curate and Chapel 
 Wardens is for an object approved 
 of by the Bishop of the Diocese, 
 and that adequate provision has 
 been made for the total extinction 
 of the debt, with the interest 
 thereon, within a period not ex- 
 ceeding twenty years. 
 
 7. It shall be lawful for any 
 District Curate and Chapel War- 
 dens for the time being, in their 
 corporate name, to pass, execute, 
 grant, accept, and receive any 
 transport, mortgage, bond, or other 
 security authorized to be executed 
 or received under the provisions 
 of this Ordinance. 
 
 8. In all legal proceedings 
 against any District Curate and 
 Chapel Wardens service of pro- 
 cess upon the Curate for the time 
 being shall be good and suificient 
 service, and in all legal proceedings 
 by any District Curate and Chapel 
 Wardens the power ad litem shaU 
 be signed by the Curate and 
 Chapel Wardens for the time 
 being. 
 
 CHAPEL BOND. 
 
 British Guiana. 
 District Chapel of 
 
 No. 
 
 The Curate and Wardens of the District 
 Chapel of do hereby acknow- 
 
 ledge to owe or bearer, the 
 
 sum of dollars, for the pay- 
 
 ment of which, at on the 
 
 day of , with 
 
 interest at the rate of six per cent, per 
 annum, payable half-yearly, at the same 
 place, on the successive days of 
 
 and next ensuing the 
 
 date of this Bond, on the surrender of 
 the respective Interest Warrants hereto 
 attached, the Revenues of the District 
 Chapel and other Property under the 
 management of the Curate and Wardens 
 are pledged as Security under the pro- 
 visions of the District Chapels Ordinance, 
 1868, passed by His Excellency the 
 Governor and the Honourable Court of 
 Policy of the said Colony. 
 
 Given under our hands, at 
 day of 1 
 
 this 
 
 Curate. 
 Wardens.
 
 368 
 
 No. 7.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 A.D. 1868. 
 
 — ♦ — 
 
 25 & 26 Vict, 
 c. 89. 
 
 30 & 31 Vict. 
 c. 131. 
 
 Now No. 21 
 1898. 
 
 Short title. 
 
 Power to 
 
 company 
 incorporated 
 under the Com- 
 panies Acts to 
 
 ORDINANCE No. 7 OF 1868. 
 
 An Ordinance with regard to Trading Companies in- 
 corporated under the Law of England, and for 
 confirming the Title of the Colonial Company, 
 Limited, to lands in this Colony. 
 
 [29th July, 1868.] 
 
 WHEREAS an Act was passed in the Session of Parliament held 
 in the twenty-fifth and twenty-sixth years of Her Majesty's 
 Reign entitled " An Act for the Incorporation, Regulation, 
 and Winding-up of Trading Companies," and another Act was passed 
 in the Session of Parliament held in the thirtieth and thirty-first 
 years of Her Majesty's Reign, entitled "An Act to Amend the 
 Companies Act, 1862," which Acts of Parliament are hereinafter 
 referred to as "the Companies Act, 1862," and "the Companies Act, 
 1867"; 
 
 And whereas it is expedient to enact and declare that all companies 
 already incorporated or which may hereafter be incorporated under 
 either of the said Acts of Parliament shall have the same power to 
 hold lands and immovable property in this Colony as if they had been 
 incorporated in this Colony under the Companies Ordinance, 1864, and 
 also that provision should be made for facilitating the proof in this 
 Colony of the incorporation of such companies and of deeds and other 
 instruments executed by or on behalf of such companies ; 
 
 And whereas the Colonial Company, Limited, was incorporated in 
 England under the first recited Act of Parliament, and examined copies 
 of the memorandum of association and of the articles of association 
 thereof certified under the hand of George Deane, Esquire, Assistant 
 Registrar of Joint Stock Companies and the Seal of the Joint Stock 
 Companies Registry Ofiice in England, and the certificate of incorpora- 
 tion thereof under the hand of the Honourable Edward Cecil Curzon, 
 Registrar of Joint Stock Companies in England, have been duly 
 recorded in the Registrar's Office of the Counties of Demerara and 
 Essequebo in this Colony, and divers transports of plantations and 
 other immovable property in this Colony have been heretofore passed 
 and executed to and in favour of the said Company ; 
 
 And whereas doubts have been raised with respect to the said trans- 
 ports, and it is expedient to remove such doubts, and to confirm the 
 said transports, and to declare and enact by Ordinance the power of 
 the said Company to hold lands and other immovable property in 
 this Colony ; 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as. the English Companies (Holding 
 of Lands) Ordinance, 1868. 
 
 2. It shall be lawful for any Company already incorporated, or 
 which may hereafter be incorporated, under the Companies Act, 1862, 
 or the Companies Act, 1867, to hold lands and other immovable 
 property iu this Colony in the same manner to all intents and purposes
 
 A.D. 1868.] 
 
 ENGLISH COMPANIES. 
 
 [No. 7. 
 
 369 
 
 as if such company had been incorporated in this Colony under the 
 Companies Ordinance, 1864. 
 
 3. It shall be lawful for any company already registered, or which 
 may hereafter be registered, under either of the aforesaid Acts of 
 Parliament to deliver to the Registrar of British Guiana, to be recorded 
 by him, a certificate of incorporation of such company purporting 
 to be under the hand of the Registrar of Joint Stock Companies, 
 or a copy of such certificate of incorporation proved to be a true 
 and correct copy by the oath or solemn declaration of the secretary or 
 other officer of such company sworn or made before the Mayor or 
 other Chief Magistrate of atiy City, Town, or Borough, or before any 
 Notary Public or Justice of the Peace in Great Britain or Ireland, 
 and such certificate or copy thereof duly recorded, or any office copy 
 thereof certified by such Registrar, shall be conclusive evidence in this 
 Colony of the incorporation of such company. 
 
 4. It shall be lawful for any company already registered, or which 
 may hereafter be registered under either of the aforesaid Acts of 
 Parliament to deliver to the Registrar of British Guiana, to be i-ecorded 
 by him, a copy of the memoranduiu of association, and a copy of the 
 articles of association, registered under either of the said Acts of 
 Parliament, and proved to be true and correct copies by the oath or 
 solemn declaration of the secretary or other officer of snch company 
 sworn or made in manner hereinbefore mentioned ; and every such 
 copy duly recoi'ded, or any office copy thereof certified by such Regis- 
 trar, shall be conclusive evidence in this Colony, of such memorandum 
 of association and articles of association respectively and of the signing 
 thereof by the persons by whom the same respectively purport to be 
 signed. 
 
 5. Any deed of any incorporated company registered under either 
 of the aforesaid Acts of Parliament which is executed out of this 
 Colony, but which is recorded in this Colony, shall be executed under 
 the common seal of such company in the presence of two witnesses ; 
 and the execution of such deed, and that the seal affixed thereto 
 is the common seal of the company, and that the same was affixed 
 thereto by the authority of the board of directors or managers of such 
 company, and in conformity with the articles of association of such 
 company, and the signatures of the directors or managers to any 
 such deed (where such signatures are required by the articles of 
 association of such company,) and the signature to such deed of the 
 secretary or other officer by whom such seal may have been affixed, 
 may be proved by the affidavit or solemn declaration of one of such 
 witnesses or of the secretary or other officer affixing such seal, sworn 
 or made in manner liereinbefore mentioned. 
 
 6. Every instrument made in this Colony on behalf of any such 
 incorporated company and executed in the presence of two witnesses 
 under the hand of any person empowered by instrument in writing 
 under the common seal of such company, either generally or in respect 
 of any specified matter, as its attorney to execute deeds on its behalf 
 in this Colony, shall be binding on such company, and have the same 
 effect as if it were under the common seal of the company. 
 
 7. The Colonial Company, Limited, hereinbefore mentioned shall 
 have, and is hereby declared to have, power to hold lands and immov- 
 
 hold lands in 
 the Colony. 
 Now No. 21 of 
 1898. 
 
 Evidence of 
 incorijoratiou 
 of company. 
 
 Evidence of 
 nieniorandiim 
 and articles of 
 association. 
 
 Manner of 
 executing deed 
 and mode of 
 pi'oving same. 
 
 Effect of 
 instrument 
 luider hand of 
 attorney of 
 company. 
 
 Power to the 
 Colonial Com- 
 pany, Limited,
 
 370 
 
 No. 7.] THE LAWS OF BRITISH GUIANA: [A.D. 1868. 
 
 to hold lands, 
 and confirma- 
 tion of 
 
 previous trans- 
 ports to tliem. 
 
 Now No. 
 1898. 
 
 21 0/ 
 
 Evidence of 
 memorandmn 
 and articles of 
 association and 
 certificate of 
 incorporation 
 of the Colonial 
 Company, 
 Limited. 
 
 able property in this Colony in the same manner to all intents and 
 purposes as if the said company had been incorporated in this Colony 
 under the Companies Ordinance, 1864; and all transports of planta- 
 tions and other immovable property heretofore passed and executed in 
 this Colony to and in favour of the said company are hereby confirmed 
 and declared legal, valid and binding, as on and from the respective 
 dates of such transports. 
 
 8. The hereinbefore mentioned examined copies of the said memor- 
 andum of association and of the said articles of association of the 
 Colonial Company, Limited, both so recorded in the Registrar's Office 
 of the Counties of Demerara and Essequebo as aforesaid, shall be and 
 are hereby declared to be conclusive evidence of such memorandum of 
 association and articles of association respectively, and of the signing 
 thereof by the persons by whom the same respectively purport to be 
 signed ; and the said certificate of incorporation of the said company 
 signed by the Honourable Edward Cecil Curzon, Registrar of Joint 
 Stock Companies in England, also so recorded in the said Registrar's 
 Office as aforesaid, shall be and is hereby declared to be conclusive 
 evidence of the incorporation of the said company. 
 
 A.D. 1868. 
 
 -;— ♦ 
 
 Ordinances 
 No. i of 1877, 
 No. 7 of 1880, 
 No. 13 of 1890, 
 No. 8 0/1892, 
 No. 8 of 1899, 
 No. 22 of 1900, 
 anA No. 28 of 
 1902 s. 5 incor- 
 porated. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 B 
 
 ORDINANCE No. 8 OF 1868. 
 
 An Ordinance to consolidate the Laws relating to 
 Licences for the Sale of Wines, Malt Liquors, and 
 Spirituous Liquors. 
 
 [1st January, 1869.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Wine, etc., Licences Ordin- 
 ance, 1868. 
 
 2. In this Ordinance, — 
 
 *' Licence," when used by itself, means " Retail Spirit Shop 
 Licence " : 
 
 " Commissary," when used by itself in relation to a licence, means 
 any person doing the duty of Commissary of Taxation in the 
 Fiscal District within which the licence is to be used : 
 
 "Stipendiary Magistrate," when used by itself in relation to a 
 licence, means any person doing the duty of Stipendiary Magis- 
 trate in the Judicial District within which the licence is to 
 be used ; 
 
 " Financial Year " means twelve months commencing on the first 
 day of April in one year and ending on the thirty-first day 
 of March in the next succeeding year : 
 
 '* Rum " includes all liquor whatever of which rum forms a 
 component part other than bitters, cordials, liqueurs or similar 
 compounds which the Commissary on any question connected 
 therewith arising is satisfied were manufactured by a com- 
 pounder under the Bitters and Cordials Ordinance, 1890, from 
 rum distilled in the colony : (Amd. 22 of 1900, s. 3.)
 
 A.D. 1868.J 
 
 WINF, ETC., LICENCES. 
 
 [No. 8. 
 
 371 
 
 ' Proof " means proof as shown by Sikes' Hydrometer or (where 
 the strength of any liquor cannot be immediately ascertained 
 thereby) as certified by the Government Analyst or by any 
 Assistant Analyst apjjointed for the purposes of the sale of Food 
 and Drugs Ordinance, 1892. (Amd. 22 of 1900, s. 3.) 
 
 ' Colonial Bonded Warehouse " means the Colonial Bonded Ware- 
 house in Georgetown or in New Amsterdam : 
 
 'By wholesale," when used with reference to rum, means, in 
 quantities of forty-five gallons and upwards when disposed of 
 for consumption within the Colony, and of twenty gallons and 
 upwards when disposed of for exportation, and, when used with 
 reference to other spirituous liquors, means in quantities of forty 
 gallons and upwards : 
 
 ■ Business premises " includes any room or place adjoining, or 
 adjacent to, any store or shop : 
 
 ■ Quart " means the quart as defined in section 6 of the Weights 
 and Measures Ordinance, 1851. 
 
 3. For the purposes of this Ordinance, the City of Georgetown shall 
 be considered the Judicial District of a Stipendiary Magistrate, and the 
 Police Magistrate of Georgetown shall be the Stipendiary Magistrate 
 of such Judicial District. 
 
 4.— (1.) No liquor containing more than thirty-five per cent, of proof 
 spirit shall be deemed wine. 
 
 (2.) No liquor containing more than twenty per cent, of proof 
 spirit shall lie deemed malt liquor. 
 
 (3.) All liquor other than wine or rum containing more than twenty 
 per cent, of proof spirit, and all liquor other than rum containing more 
 than thirty-five per cent, of proof spirit shall be deemed spirituous 
 liquor. (Amd. 22 of 1900, s. 4.) 
 
 No. 2 of 1851. 
 
 Case of 
 Georgetown. 
 
 See No. 
 1893, s. 
 
 10 0/ 
 68. 
 
 Classification 
 of wine, malt 
 liquor, and 
 spiritiious 
 liquor. 
 
 The Excise Board. 
 
 5. There shall be an Excise Board, to consist of such persons as may Establislunent 
 be appointed members thereof by the Governor, who shall have power of Excise 
 to add to or vary the constitution of the Board, and to appoint a ^'°^™- 
 Chairman and a Secretary of the Board, and to vai'y such appoint- 
 ments from time to time as to him may seem fit. 
 
 6. — (1.) All the powers of the Excise Board maybe exercised at Exercise of 
 meetings of the Board at which not fewer than three members are powers of the 
 present. ^^"'« ^°*'^^- 
 
 (2.) At every meeting the Chairman, if present, shall preside, and, 
 in the absence of the Chairman, one of the members of the Board 
 present shall be chosen by the members present to preside at the 
 meeting. 
 
 (3.) The Board may act notwithstanding any vacancy therein. 
 
 (4.) Meetings of the Board shall be convened, whenever necessary, 
 by the Chairman. 
 
 7. The Excise Board shall determine, in manner hereinafter pro- Powers and 
 vided, as to the granting of Liquor Store Licences and Hotel or Tavern |^i"'"tions of the 
 Licences and as to the granting and classification or rating or assess- 
 ment of Retail Spirit Shop Licences, and shall regulate and control the 
 issue of all licences under this Ordinance, and shall supervise the 
 
 VOL. I. 25
 
 372 
 
 No. 8.] THE LAWS OF BRITISH GUIANA: [A.D. 1868 
 
 holders of all such licences and all Commissaries of Taxation and other 
 persons engaged in carrying out the provisions of this Ordinance. ( Amd. 
 8 of 1899, s. 2.) 
 
 Duty of the 
 Excise Board 
 to frame 
 regulations for 
 pmi)oses of the 
 Ordinance. 
 
 8. It shall be the duty of the Excise Board from time to time to 
 frame regulations, not being inconsistent with the provisions of this 
 Ordinance, for the following purposes, that is to say,^ — 
 
 (1.) For establishing a proper classification or rating or assessment 
 of Retail Spirit Shop Licences in the several Districts of the 
 Colony ; and 
 
 (2.) For the guidance in the discharge of their duties of the Com- 
 missaries of Taxation and all other persons engaged in carrying 
 out the provisions of this Ordinance, and for providing them with 
 proper forms. (Amd. 8 of 1899, s. 2.) 
 
 Power to ap- 
 point Special 
 Justices for 
 pui-poses of tlie 
 Ordinance, etc. 
 
 Use of Sikes' 
 Hydrometer, 
 weights, and 
 tables. 
 
 Issue of 
 licences in 
 different 
 counties. 
 
 Special Jtistices, etc. 
 
 9.-' (1 ) The Governor is hereby authorized to appoint Special Justices 
 of the Peace, who, in case of the absence from their Districts, or the 
 inability at any time to act, of Stipendiary Magistrates, may perform 
 all the duties of Stipendiary Magistrates relating to the granting and 
 transfer of licences under this Ordinance ; and to the ordering of 
 seizures under section 61. 
 
 (2.) No such special Justice shall be required to take any oath 
 of office. 
 
 (3.) Any Stipendiary Magistrate or Special Justice may, in any 
 Judicial District and without any special appointment, perform all 
 the duties by this Ordinance assigned to the Stij^endiary Magistrate of 
 the District. 
 
 (4.) Any Couimissary of Taxation or Clerk to a Stipendiary 
 Magistrate may, in any Fiscal District and without any special appoint- 
 ment, perform all the duties by this Ordinance assigned to the 
 Commissary of Taxation of the District. 
 
 10. Every instrument purporting to be a Sikes' Hydrometer, and 
 all weights used with the same, and all printed tables purporting to be 
 tables for ascertaining the strength of spirits with Sikes' Hydrometei', 
 according to their temperature by Fahrenheit's thermometer, and 
 purporting to be printed by authority of Parliament, may be used by 
 any Officer of Colonial Revenue in order to ascertain the strength of 
 any rum for the purposes of this Ordinance, and, as well as any 
 Fahrenheit's thermometer used by any such Officer for the purposes of 
 ascertaining the temperature of such rum, shall be deemed to be correct, 
 and to give correct results, until the contrary is shown by some person 
 interested. 
 
 11. The Receiver General shall deal with all licences whatever 
 issued for localities within the Counties of Demerara and Essequebo ; 
 and the Assistant Receiver General shall deal with all licences what- 
 ever issued for localities within the County of Bar bice. 
 
 Rules as to 
 sale of wine 
 und malt 
 liquor. 
 
 Sale of Whip, etc. 
 
 12. — (1.) Save as hereinafter excepted, every person who sells, or 
 exposes or oflFers for sale, or barters, or otherwise disposes of for money
 
 A.D. 1868.] WINF, ETC., LICENCES. [No. 8. 373 
 
 or reward, any wine or malt liquor shall be guilty of an offence, and, 
 being convicted thereof, shall be liable to a penalty of not less than ten 
 dollars and not exceeding fifty dollars. 
 
 (2.) The following are the exceptions; and in the excepted 
 cases following wine or malt liiiuor may be lawfully sold, exposed or 
 offered for sale, or bartered or disposed of for money or reward, that is 
 to say, — 
 
 (a.) Where it is sold, exposed or offered for sale, bartered, or 
 disposed of for money or reward by wholesale and in quantities 
 exceeding thirty Imperial gallons at one time to one person, 
 firm, or corporation ; 
 
 (b.) Where it is sold, exposed or offered for sale, bartered, or 
 disposed of for money or reward in a Licensed Liquor Store 
 by the person holding the licence for such liquor store, or by 
 some servant or agent employed by such person, in quantities 
 of not less than two Imperial gallons, to be drunk off the 
 premises ; 
 
 (c.) Where it is sold, exposed or offered for sale, bartered or 
 disposed of for money or reward in a Licensed Hotel or 
 Tavern, the licence holder of which is not in arrear of pay- 
 ment of any tax or duty imposed by Ordinance in respect of 
 his licence or of any instalment thereof, to be consumed on 
 the premises, and is so sold, exposed or offered for sale, 
 bartered, or disposed of for money or reward by the person 
 holding the licence for such hotel or tavern, or by some 
 servant or agent employed by such person, and is consumed 
 on the premises ; 
 
 (d.) Where it is sold, exposed or offered for sale, bartered, or 
 disposed of for money or reward in a Licensed Retail Spirit 
 Shop, by the person who holds the licence for such shop, or 
 by some servant or agent employed by such person ; and 
 
 (e.) Where it is sold, exposed or offered for sale, bartered, or 
 disposed of for money or reward in a shop, store room, or 
 yard for which the person so selling, exposing or offering for 
 sale, bartering, or disposing of for money or reward holds a 
 licence authorizing him there to sell wine and malt liquor 
 and is sold, exposed or offered for sale, bartered, or disposed 
 of for money, or reward by such person, or by a servant or 
 agent employed by such person, to be drunk off the premises, 
 and is not consumed on the piemises. (Amd. 8 of 1899, ?. 3.) 
 
 13. — (1.) Every person who sells or offers for sale, or barters. Penalty on 
 exchanges, or otherwise disposes of, any rum, except by wholesale or P^^'^"" d^^i"'^ 
 in some retail spirit shop for which he, or some person by whom he is spirituous 
 employed, has a licence, shall be liable to a penalty of not less than liquor without 
 fifty dollars and not exceeding five hundred dollars. icence. 
 
 (2.) Every person who sells or offers for sale, or barters, exchanges, 
 or otherwise disposes of, any other spirituous liquor, except by whole- 
 sale, or in some retail spirit shop, or some liquor store, or some hotel 
 or tavern, as provided in Section 12 (2) (c.) hereof, for which he, or 
 some person by whom he is employed, has a licence, or during tho 
 period and at the place for which he, or some person by whom he is 
 employed, has an Occasional Licence for the sale of spirituous liquors, 
 shall be liable to a penalty of not less than twenty dollars and not 
 
 VOL. I. * 25a
 
 374 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 exceeding two hundred dollars : Provided that not more than one 
 charge shall be brought against any person in respect of offences 
 against this section committed on any one day. ( Amd. 8 of 1899, s. 4.) 
 
 Kinds of 
 licences for sale 
 of spirituous 
 liquors. 
 
 Classes of 
 different kinds 
 of licences. 
 
 Penalties on 
 holders of 
 different 
 licences for 
 selling, etc., 
 wine, etc., in 
 contravention 
 of licence. 
 
 Penalty on 
 holders of 
 Eetail Spirit 
 Shop Licence 
 selling moi'e 
 
 Licences for Sale of Spirituous Liquors. 
 
 14. There shall be four kinds of licences authorizing the sale of 
 spirituous liquors : — 
 
 (1.) The first shall be called a Liquor Store Licence, and shall autho- 
 rize the sale of all spirituous liquors except rum, in quantities of 
 not less than two gallons ; 
 
 (2.) The second shall be called an Hotel or Tavern Licence, and shall 
 authorize the sale of wine, malt liquors, and all spirituous liquors 
 except rum, to be drunk on the premises ; 
 
 (3.) The third shall be called a Retail Spirit Shop Licence, and shall 
 authorize the sale, in the shop for which the licence is granted, of 
 wine, malt liquors, and all spirituous liquors except rum, in any 
 quantities, and whether to be drunk on the premises or not, and 
 shall authorize the sale of rum in the shop for which the licence is 
 granted, in quantities not exceeding one quart at any one time to 
 any one person or on the order of any one person ; and 
 
 (4.) The fourth shall be called an Occasional Licence for the Sale of 
 Spirituous Liquors, and shall authorize the sale of wine, malt 
 liquors, and all spirituous liquors except rum, during such day, or 
 such portion of such day, as may be specified in the licence, at the 
 place, or at the public entertainment, mentioned in the licence. 
 
 15. There shall be one class of Liquor Store Licences, and one class 
 of Hotel or Tavern Licences, and the classification or rating or assess- 
 ment of eveiy Retail Spirit Shop Licence shall be determined by the 
 Excise Board, subject to the provisions of any Tax Ordinance for the 
 time being in force relating to the same. (8 of 1899, s. 5.) 
 
 16. — (1.) Every holder of a Liquor Store Licence who sells or offers 
 for sale, or barters, exchanges, or otherwise disposes of, any spirituous 
 liquor, other than rum, in quantities of less than two gallons, shall be 
 liable to a penalty of not less than fifty dollars and not exceeding five 
 hundred dollars. 
 
 (2.) Every person, other than the holder of an Hotel or Tavern 
 Licence or of a Retail Spirit Shop Licence, who sells or offers for sale, 
 or barters, exchanges, or otherwise disposes of, any wine or malt liquor, 
 to be drunk on the premises, shall be liable to a penalty of not less than 
 ten dollars and not exceeding fifty dollars. 
 
 (3.) Every holder of an Hotel or Tavern Licence who sells or offers 
 for sale, or barters, exchanges, or otherwise disposes of, any spirituous 
 liquor, except to be drunk on the premises or by wholesale, shall be 
 liable to a penalty of not less than fifty dollars and not exceeding five 
 hundred dollars : Provided that not more than one charge shall be 
 brought against any person in respect of offences against this section 
 committed on any one day. 
 
 17. — (L) Except as hereinafter provided, it shall not be lawful for 
 the holder of a Retail Spirit Shop licence to sell, deliver, or dispose of 
 more than one (juart of rum to any one person, or on the order of any 
 on(,' person, at any one time.
 
 A.D. 1868.] 
 
 WINE, ETC., LICENCES. 
 
 [No. 8. 
 
 375 
 
 (2.) Every holder of a Retail Spirit Shop Licence who, by himself, than one quart 
 his servant, or agent, sells, delivers, or disposes of more than one quart oj,^"^^* 
 of rum to any one person, or on the order of any one person, at any one 
 time, and every holder of a Retail Spirit Shop Licence in whose shop 
 more than one quart of rum is sold, delivered, or disposed of to any one 
 person, or on the order of any one person, at any one time, shall be 
 guilty of an offence, and shall, on a lirst conviction thereof, be liable to 
 a penalty of not less than one hundred dollars and not exceeding five 
 hundred dollars, and, on a second conviction, to a like penalty, and, in 
 addition, to have his licence suspended for any period not exceeding 
 one mouth, and, on a third or any subsequent conviction, to a like 
 penalty, and, in addition, to have his licence forfeited : Provided always 
 that it shall be lawful for the holder of a Retail Spirit Shop Licence to 
 sell, deliver, or dispose of more than one quart of rum to any one per- 
 son, if such holder has, previously to such sale or delivery, obtained a 
 special authority, in the Form No. 1 contained in the Schedule to this 
 Ordinance, from a Commissary of Taxation, and signed by such Com- Schediile : 
 missary, authorizing such holder to sell such larger quantity to the io"»i-^"-i- 
 particular person named therein. 
 
 18. — (1.) Liquor Store Licences may be taken out at any time, for Time for wliidi 
 the whole unexpired portion of any Financial Year, provided that the licences i nay 
 period for which they are taken out shall not be less than three months, 
 and Retail Spirit Shop Licences shall not be granted after the com- 
 mencement of any financial year unless it is shewn to the satisfaction 
 of the Excise Board that special reasons exist for granting the same. 
 (Amd. 8 of 1899, s. 6.) 
 
 (2.) Hotel or Tavern Licences may be taken out at any time, for 
 the whole unexpii'ed portion of any Financial Year, provided that the 
 period for which they are taken out shall not be less than one month. 
 
 1 9. All licences dealt with in this Ordinance shall be obtained and Obtaining and 
 
 paid for in the manner hereinafter provided. paying for 
 
 licences. 
 
 Liquor Store and Hotel or Tavern Licences. 
 
 20. Every person who is desirous of procuring a Liquor Store Licence 
 shall make application to the Excise Board in the Form No. 2 contained 
 in the Schedule to tliis Oi'dinance, and every person who is desirous of 
 obtaming an Hotel or Tavern Licence shall make application to the 
 Excise Board in the Form No. 3 contained in the said Schedule, and in 
 making such apphcation shall name some place in Georgetown to which 
 all communications relating to it are to be addressed. 
 
 2 1 . The Excise Board shall proceed at once to take every such appli- 
 cation into consideration, and shall grant or refuse the same as to them 
 may seem fit, and immediately on coming to a decision, shall intimate 
 such decision to the applicant at the address given by him as herein- 
 before provided, and when they refuse any application, they shall state 
 their reasons for such refusal. 
 
 22. — ( 1 .) Any such applicant may appeal against any decision of the 
 Excise Board refusing him a licence, and such appeal shall be by 
 petition to the Governor-in-Council. 
 
 (2.) Every such petition shall state fully the grounds of appeal, 
 and shall be presented within seven days from the time of the commu- 
 nication to the applicant of the decision of the Excise Board. 
 
 Ajiplication for 
 Liquor Stove 
 or Hotel or 
 Tavern 
 Licence. 
 
 Sdiedule : 
 Fomi No. 2 • 
 Forai No. 3 
 
 Dealing with 
 apjilication. 
 
 Right of appeal 
 from decision 
 of the 
 Excise Board.
 
 .176 
 
 No. 8.] THE LAWS OF BRITISH GUIANA : [A.D. 1868. 
 
 (3.) As soon as may be practicable, the Governor-in-Council shall 
 take such petition into consideration, and may confirm or reverse the 
 decision of the Excise Board ; and the Government Secretary or Clerk 
 of the Executive Council shall, immediately on the decision of the 
 Governor-in-Council. communicate the same to the applicant at the 
 address given by him as hereinbefore provided. 
 
 Issuing and 
 form of licence. 
 
 Schedule : 
 Form No. 4 : 
 Fonn No. 5. 
 
 Payment for 
 Eetail Spirit 
 Shop Licence. 
 
 Holding of 
 meetings of 
 Justices for 
 entertaining 
 applications for 
 Eetail Spirit 
 Licences. 
 
 Application for 
 Retail Spirit 
 Shop Licence, 
 consideration 
 thereof, and 
 decision 
 thereon. 
 
 Schedule : 
 Form No. 6. 
 
 23. — (1.) If, either by the decision of the Excise Board or of the 
 Governor-in-Council, the application is granted, the applicant shall obtain 
 the licence for which he has applied, on payment to the Receiver 
 General or the Assistant Receiver General of the sum properly charge- 
 able for the same. 
 
 (2.) A Liquor Store Licence and an Hotel or Tavern Licence shall 
 respectively be in the Forms No. 4 and No. 5 contained in the Schedule 
 to this Ordinance. 
 
 Retail Spirit Shop Licences. 
 
 24. Payment for a Retail Spirit Shop Licence shall be made by 
 equal monthly instalments in advance, the first instalment to be paid 
 at the time hereinafter provided, and the remaining instalments to be 
 secured by, and to be payable in terms of, a bond with two sureties as 
 hereinafter provided. 
 
 25.- (I.) A meeting of the Justices of the Peace residing in each 
 Judicial District of the Colony for the purpose of entertaining applica- 
 tions for Retail Spirit Shop Licences for localities within the District 
 for any Financial Year, shall be held on any day after the 31st January 
 and not later than the second Monday of the month of February next- 
 preceding such Financial Year. (Amd. 8 of 1899, s. 7.) 
 
 (2.) Every such meeting shall be convened by the Stipendiary 
 Magistrate of the District, by advertisement to be published in 7'he 
 Official Gazette and one newspaper of the Colony, at least five days be- 
 fore the day appointed for such meeting ; and every such advertisement 
 shall state the hour of the meeting and the place within the Judicial 
 District at which it is to be held. 
 
 26. Every application for a Retail Spirit Shop Licence shall be 
 made, and proceeded with and dealt with, in the manner following, 
 that is to say, — 
 
 (1.) The applicant, at least five days before the day appointed for 
 the meeting of the Justices, shall serve on the Commissary of 
 Taxation for the Fiscal District in which the house, shop, or pre- 
 mises in which the business to be carried on under the licence, is 
 or are situate, a notice in duplicate, signed by himself or his au- 
 thorized agent, and in the Form No. 6 contained in the Schedule 
 to this Ordinance if the application is for a renewal of a licence, 
 and, if the application is for a new licence, shall, in addition, to 
 such service as aforesaid, also affix one copy of such notice on the 
 outside, and another on the inside, of the outer front door of such 
 house, shop, or pi-emises, and shall keep such notice so affixed until 
 the granting or refusal of his application, as hereinafter provided 
 for, by the Excise lioard ; 
 (2.) At the time and place appointed, the applicant or his agent 
 thereto duly authorised in writing shall attend, and the Justices 
 shall in every case inquire into the character and circumstances of 
 the applicant, and generally as to the expediency of granting the
 
 A.D. 1868.] WINE, ETC., LICENCES. [No. 8. 377 
 
 licence, and shall in every case procure such information as may be 
 available as to the circumstances of the proposed sureties ; and on 
 every such occasion the Justices shall be entitled to the assistance 
 of the Commissary, who shall act as their Clerk, and shall be 
 bound previously to inform himself, and on every such occasion 
 to impart to the Justices all the information in his possession, 
 relating to the matters in question ; and, in pursuing such imjuiry 
 as aforesaid, the Justices may take evidence, examine witnesses 
 upon oath, and hear parties in support of, and in opposition to, the 
 application : Provided that the Justices present may, if they 
 think fit, require the applicant to attend in person ; ( Anid. 8 of 
 1899, s. 8). 
 (3.) The Stipendiary Magistrate, and, in his absence, any Special 
 Justice appointed under this Ordinance acting for him, and, if there 
 is no Stipendiary Magistrate or Special Justice present, the senior 
 Justice present, shall be Chairman of the meeting. Every ques- 
 tion arising and propei'ly cognizalile on any such occasion, shall be 
 decided by a majority of the Justices present, and, if they are 
 equally divided, the Chairman shall have a casting vote ; and if 
 on any such occasion there are a Stipendiary Magistrate and only 
 one other Justice present, then such Stipendiary Magistrate, or if 
 there is only one Justice present, then such Justice, shall, if he 
 thinks fit, decide and dispose of all matters properly cognizable on 
 the occasion. On every occasion the business may be adjourned lo 
 some other day ; 
 (4.) On the conclusion of such inquiry as aforesaid, the Chairman of 
 the meeting, or the single Justice, if there is only one present, 
 shall make a report to the Excise Board ; and such report may 
 contain any general information which it is considered desirable 
 to insert therein, and shall state whether the meeting, or such 
 single Justice, as the case may be, recommends the granting or the 
 refusal of such application, and the reasons for such recommenda- 
 tion ; and, along with such report of the Chairman or Justice, the 
 Commissary shall furnish to the Excise Board a report containing 
 particular information as to the locality, the popuhition of the 
 neighbourhood, and the house, shop, or premises in question, and 
 also such general information in his possession as he may consider 
 likely to be of use to the Excise Board in deciding as to the 
 granting or refusal of the application ; and 
 (5.) The Excise Board, as soon as may be convenient and practicable, 
 shall take every such report into consideration, and shall grant or 
 refuse the application as to them may seem fit, and, if they refuse 
 the application, they shall at once intimate such rejection to the 
 Commissary, who shall notify it to the applicant ; and every such 
 refusal shall be final. 
 
 27. — (1-) If the Excise Board decide to grant the application, they Fixing 
 shall at the same time fix the classification, or rating, or assessment, classification 
 of the licence, and they shall at once intimate their decision to the ^*^^"'^"- 
 Commissar}', who shall notify to the applicant such classification, and 
 his right to obtain the licence on making payment in advance of one 
 monthly instalment of the amount payable for the same, and executing 
 a bond before a Stipendiary Magistrate as hereinafter provided. 
 
 (2.) If the applicant is dissatisfied with the classification, or 
 rating, or assessment, he may either at once withdraw his application
 
 378 
 
 No. 8.] THE LAWS OF BRITISH GUIANA: [A.D. 1868. 
 
 Further 
 proceedings by 
 applicant for 
 obtaining 
 licence. 
 
 or may appeal from the decision of the Excise Board to the Goveraor- 
 in-Council. 
 
 (3.) Such appeal shall be by petition, setting forth the reasons of 
 the petitioner ; and the petition must be presented not later than one 
 week after the receipt from the Commissary of such intimation as 
 aforesaid, and must be accompanied by a letter to the (Government 
 Secretary or Clerk of the Executive Council, naming some place in 
 Georgetown, to which the communication of the decision of the 
 Governor-in-Council is to be addressed for the applicant. 
 
 (4.) The Governor-in-Council shall at once proceed to the 
 consideration of such petition, and may, by his decision, confirm, 
 alter, or vary the classification, or rating or assessment made by the 
 Excise Board, and, immediately on such decision being arrived at, 
 the Government Secretaiy or Clerk of the Executive Council shall 
 communicate the same to the applicant at the address named by him ; 
 and, if he is dissatisfied with such decision, he may at once withdraw 
 his application. (Amd. 8 of 1899, ss. 2 and 9.) 
 
 28. — (1.) Within ten days after intimation of the decision of the 
 Excise Board given to the applicant as aforesaid by the Commissary, 
 or within seven days after communication of the decision of the 
 Governor-in-Council made to him as aforesaid by the Government 
 Secretary or Clerk of the Executive Council, the applicant and his 
 sureties, if he is desirous of proceeding with his application, shall 
 appear before the Stipendiary Magistrate of any District, who, with 
 the assistance of the Commissary of the Fiscal District in which the 
 Stipendiary Magistrate is sitting, shall inake full inquiry into the 
 sufficiency of the sureties, and if he is satisfied with their sufficiency, 
 the applicant shall then and there pay to the Commissary the first 
 monthly instalment of the amount payable for his licence, and he 
 and his sureties shall then and there execute a bond in either of 
 the Forms numbered 7 («) and 7 (b) contained in the Schedule to 
 this Ordinance, or as near thereto as circumstances will admit, for 
 the payment of the remaining monthly instalments, each in advance, 
 and of any other sum that may be or become payable by way of duty ; 
 and the Commissary shall at once forward the sum so paid and the 
 bond to the Receiver General or the Assistant Receiver General : 
 
 Provided that if the applicant fails to pay the first monthly 
 instalment of the amount payable for his licence and to execute a 
 bond as hereinbefore provided within the above mentioned period 
 of ten days, he shall be deemed to have abandoned his application, 
 and any classification I'ating on assessment made thereunder shall 
 be void. (Amd. 8 of 1899, s. 10.) 
 
 (2.) Whenever any of the sureties die, or become insolvent, or 
 are absent from the Colony, the Receiver General may require the 
 holder of the licence to find another surety to be bound in like 
 manner, and if the holder fails for one mouth to comply with 
 such requirement, the licence shall be deemed to be determined. 
 (28 of 1902, s. 5 (1.).) 
 
 29. On the payment of the first instalment and the execution of the 
 bond, the Stipendiary Magistrate shall give to the applicant a certificate 
 in the form No. 8 contained in the Schedule to this Ordinance, and the 
 ajjplicant, on delivering such certificate to the Receiver General or the 
 Assistant Receiver General, shall obtain a licence in the Form No. 9 
 contained in the Haid Schedule. 
 
 Schedule : 
 Forms No. 7 
 (a) and 7 ib). 
 
 Giving of 
 certificate 
 and issue of 
 licence. 
 
 Schedule : 
 Form No. 8 ; 
 Form No. 9.
 
 A.D. 1868.] 
 
 WINE, ETC., LICENCES. 
 
 [No. 8. 
 
 379 
 
 30. No Stipendiary Magistrate shall, except with the express per- Time within 
 mission in writiii'' of the Excise Board, grant any certificate for a ^'>"^'» certifi- 
 licence for any Financial Year on any day lat(M- than the fifteenth day 
 of March next preceding such Financial Y^ear. 
 
 cute to lie 
 granted. 
 
 31. — (1.) Application may at any time he made for a Retail Spirit Aiiiilientiou for 
 Shop Licence for any period not less than three months of the unexpired itttail Spirit 
 portion of the Financial Year, and such application shall be made in fJ,rshort'period 
 manner hereinbefore provided with respect to applications for new 
 licences. 
 
 (2.) In every case of such application, the Stipendiary Magistrate 
 for the Judicial District within which the business is proposed to be 
 carried on under the licence shall convene a meeting of the Justices 
 resident in the District, by advertisement to be published in The Ojficinl • 
 Gazette ami one newspaper of the Colony, at least eight days before the 
 day appointed for such meeting ; and such advertisement shall state the 
 day and hour of the meeting, and the place within the Judicial District 
 at- which it is to be held, and the object for which it is called ; and after 
 such advertisement all proceedings relating to such application shall be 
 the same as hereinbefore provided with respect to other applications for 
 licences. 
 
 32. — (1.) Every holder of a Retail Spirit Shop Licence who is desirous 
 of transferring the same from one house, shop, or premises to another 
 shall make application in the Form No. 10 contained in the Schedule 
 to this Ordinance, and in the same manner as if he were applying for 
 a new licence. 
 
 (2.) Every application for such transfer shall thereafter be pro- 
 ceeded with and dealt with in all respects in the same manner as pro- 
 vided in the last preceding section with respect to an application for a 
 new licence : Provided that no licence shall be removed from a locality 
 in one Fiscal District to a locality in another Fiscal District : Provided, 
 also, that if any proposed I'emoval is from a locality in one Judicial 
 District to a locality in another Judicial District, the Stipendiary Magis- 
 trate of the latter District shall deal with such application. 
 
 33. — (1.) When any holder of a Retail Spirit Shop Licence is desirous 
 to transferring the same to any other person, the proposed transferor 
 and transferee shall make application by serving on the Commissary a 
 joint notice in duplicate in the Form No. 1 1 contained in the Schedule 
 to this Ordinance, as in the case of an application for a renewal of a 
 licence. 
 
 (2.) Every application for such transfer shall thereafter be pro- 
 ceeded with and dealt with in all respects in the same manner as pro- 
 vided in section 31 with respect to an application for a new licence, 
 except that the Excise Board shall not make any new classification or 
 rating or assessment of such licence : Provided that all intimations 
 requii-ed to be given to an applicant shall be given to both the proposed 
 transferor and the proposed transferee, and that the provisions relating 
 to the attendance of an applicant for a new licence, or his agent shall 
 apply to both such persons, and that the Justices in their proceedings 
 shall treat the transferee as an applicant for a licence : Provided, also, 
 thit, after the execution of the security bond by the transferee and 
 his sureties, it shall not be necessary to issue a new licence, but the 
 existing licence shall be transferred by endorsement thereon by the 
 
 Application for 
 transfer of 
 Retail Spirit 
 Shop Licence 
 to other 
 premises. 
 Schedule : 
 Form No. 10. 
 
 Apphcation for 
 transfer of 
 Retail Spirit 
 Sliop Licence to 
 other person. 
 
 Schedule : 
 Foiin No. 11.
 
 380 
 
 No. 8.1 THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 Stipendiary Magistrate before whom the security bond is executed, 
 and the date of the said endorsement shall for all purposes be deemed 
 to be the date of the transfer. (Amd. 8 of 1899, ss. 2 and 11.) 
 
 Power to allow 
 transfer for 
 unexiiired 
 portion of year. 
 
 Prohibition of 
 Justice taking 
 part in 
 
 proceedings in 
 certain cases. 
 
 34. — (1.) The Excise Board may, if they see fit, allow the transfer 
 of any licence, under either of the last two preceding sections, for any 
 unexpired portion of a Financial Year, though the same may be less 
 than three months. 
 
 (2.) The bond in Form No. 7 contained in the Schedule to this 
 Ordinance shall be varied and adapted to suit every case of security 
 required to be given on the transfer of a Licence under either of the 
 last two preceding sections. 
 
 35. No Justice shall take any part in any proceedings relating to 
 the granting or 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, are or is 
 the property, in whole or in part, of such J ustice, or of any person for 
 whom he is manager or agent, or of a person to whom he is, either by • 
 blood or marriage, father, son, or brother, or of a person of whom such 
 Justice is the partner in any trade or business. 
 
 Fee to 
 Commissary. 
 
 Proceedings of 
 Justices 
 relating to 
 licence under 
 the Ordinance 
 not to be sub- 
 ject to appeal. 
 
 Keeping and 
 publication 
 of lists of 
 licences. 
 
 Keeping of 
 record of 
 proceedings 
 relating to 
 Retail Spirit 
 Shop Licences. 
 
 36- Every Commissary shall receive from every applicant for a 
 Retail Spirit Shop Licence, or for the renewal or transfer of the same, 
 the sum of two dollars, to be paid to him at the time of the service of 
 notice on him by such applicant. 
 
 37. Except as hereinbefox'e provided with respect to the supervision 
 and the powers to be exercised by the Excise Board, no decision and 
 no proceeding whatever of any Justice or Justices in any way relating 
 to the granting or the transfer of any licence shall be subject to any 
 revision, control, or a^^peal by or before any court or tribunal whatever 
 or any person or persons whomsoever ; nor, except as aforesaid, shall 
 anything done, or omitted or refused to be done, by any Justice or 
 Justices in relation to the granting or transfer of any licence be 
 brought in question, or be made the subject of any order, application, 
 or proceeding whatever, by or before any Court or tribunal whatever 
 or any person or persons whomsoever ; notwithstanding the px'ovisions 
 of any law or Ordinance whatever to the contrai'y. 
 
 38. — (1.) The Receiver General and the Assistant Receiver General 
 shall respectively keep sepai-ate lists of all Liquor Store Licences, all 
 Hotel or Tavern Licences, and all Retail Spirit Shop Licences issued 
 in Demerara and Essequebo and in Berbice respectively ; and such 
 list shall be in such form as may be prescribed by the Excise Board. 
 
 (2.) The Excise Board may at any time demand and have copies 
 of such lists. 
 
 (3.) Such lists shall be published from time to time as and when 
 such ])ublication may be directed by the Governor. 
 
 39. — (L) Every Stipendiary Magistrate shall keep a separate book 
 in which he shall enter all transactions and matters relating in Retail 
 Spirit Shop Licences, and such book, when and so soon as a form of 
 keeping the same is prescribed by the Excise Board, shall be kept in 
 such form.
 
 A.D. 1868.] 
 
 WINE, ETC., LICENCES. 
 
 [No. 8. 
 
 381 
 
 (2.) On or before the fifth day of each month, each Stipendiary 
 Magistrate shall forward to the Excise Board a copy of all entries in 
 such book during the preceding month. 
 
 Occasional Licence. 
 
 40. — (1.) Any Commissary of Taxation may issue an Occasional Issue of Occa- 
 T ■ \ l^ ^ n • -^ ^• i. ,„ sional Licence. 
 
 Licence tor the sale or spirituous liquors except rum. 
 
 (2.) Every such licence shall specify the 2)lace at which the person 
 
 obtaining such licence is to be authorized to sell wine, malt liquors, 
 
 and all spirituous licjuors except rum, and the day on which, or the 
 
 portion of the day during which, such person is to be so authorized. 
 
 Power to issue 
 special permit 
 for use of 
 spirituous 
 liquor in 
 scientific 
 pursuits, etc. 
 
 See Ordinance 
 No.\ q/' 190.5. 
 
 Schedule : 
 Forra No. 12. 
 
 Special Permit. 
 
 41. — (1.) Notwithstanding anything in this Ordinance or in any 
 Ordinance for the time being in force relating to spirits, the Comp- 
 troller of Customs may at any time, with the sanction of the 
 Excise Board, issue a special permit, in the Form No. 12 contained 
 in the Schedule to this Ordinance, or as near thereto as circumstances 
 will admit, to any person engaged in any scientific pursuit, or in 
 the practice of any art, or in any manufacture, trade, or business 
 authorizing him to remove to and keep in the premises where he 
 is engaged in such pursuit, or practises such art, or carries on such 
 manufacture, trade, or business (hereinafter called his " business 
 premises ") any spirituous liquor in such quantity, not exceeding fifty 
 gallons, as may in each case be fixed by the Excise Board, and of 
 a strength not exceeding fifty degrees over proof, for the purpose of 
 being there used exclusively in such pursuit, art, manufacture, trade, 
 or business. 
 
 (2.) It shall be in the discretion of the Excise Board in each case 
 whether they will grant or withhold their sanction to the issue of any 
 such permit. 
 
 (3.) Any such permit shall not authorize any such person to have 
 or keep any spirituous liquor in any place other than his business 
 premises. 
 
 42. Every person to whom any such permit is issued shall be bound Accounting for 
 to account, to the satisfaction of the Excise Board, for the due disposal ^^^^l^l speciaT 
 of all spirituous liquor obtained by him under such permit before any penult, 
 new special permit shall be issued to him under the last preceding 
 section. . 
 
 43. Every person to whom any such permit has heretofore been, or 
 raa)' hereafter be, issued who — 
 
 (1.) Has or keeps any such spirituous liquor in any place other than 
 
 his business premises ; or 
 (2.) Uses or applies, or suffers to be used or applied, any such 
 spirituous liquor for any purpose or in any way whatever other 
 than for the bond fide preparation of or dealing with anything in 
 the course of such pursuit, art, manufacture, trade, or business as 
 aforesaid, 
 shall be lial)le to a penalty not exceeding five hundred dollars. 
 
 44. The provisions of sections 77 and 80 shall extend and apply to 
 the holder of any special permit issued under section 41 and to his 
 business premises. 
 
 Penalty for 
 contravention 
 of provisions 
 relating to 
 special permits. 
 
 Application 
 of certain 
 provisions.
 
 382 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Affixing of 
 sign board on 
 licensed liquor 
 store, hotel, 
 tavern and 
 retaQ spirit 
 shop. 
 
 Keeping of 
 books l)y 
 liolder of 
 Retail Spiiit 
 Shop Licence. 
 
 Schedule : 
 Form No. 13 : 
 Form No. 14. 
 
 Production of 
 books, etc. 
 
 Declaration to 
 be made by 
 lioldcr of lletail 
 Spirit Shop 
 Licence on 
 taking mm 
 out of bond. 
 
 Scliedule : 
 Form No. 15. 
 
 Regulation of 
 strength of 
 spirit kept by 
 licence holders. 
 
 Regulation of Licence-holders. 
 
 45. — (1.) Every holder of a licence for a liquor store, au hotel, a 
 tavern, or a retail spirit shop shall affix on the outside of and over 
 some conspicuous door in the front of such store, hotel, tavern, or shop, 
 a board, on which there shall be legibly and clearly painted, in white 
 letters, not less than three inches long, on a black gi'ound, the name 
 of the holder of the licence at length, and underneath the words 
 "Licensed Liquor Store," "Licensed Hotel," "Licensed Tavern," or 
 " Licensed Retail Spirit Shop," as the case may be, on pain in default 
 thereof, of liability to a penalty of ten dollars for. the first, twenty 
 dollars for the second, and forty dollars for the third and every subse- 
 quent breach of this section. 
 
 (2.) Every continued omission to affix such board for ten days 
 after the last previous conviction shall be considered a repetition of the 
 offence. 
 
 46. — (1.) Every holder of a Retail Spirit Shop Licence shall keep 
 in the shop for which the Licence has been granted a book, in the Form 
 No. 13 contained in the Schedule to this Oi*dinance, in which shall be 
 entered all the rum received or brought into the said shop^ and a book, 
 in the Form No. 14 contained in the said Schedule, in which shall be 
 entered all the other spirituous licjuors brought into the said shop. 
 
 (2.) Every holder of a Retail Spirit Shop Licence who neglects to 
 make the necessary entries in the said books on the same day on which 
 he receives any rum or other spirituous liquor shall be guilty of an 
 offence, and, being convicted thereof, shall be liable to a penalty not 
 exceeding twenty-five dollars. 
 
 47. Every holder of a Retail Spirit Shop Licence who — 
 
 (1.) Refuses to j^roduce to any Commissary of Taxation, when re- 
 quired to do so, any book required to be kept by such holder in 
 the shop for which the licence is granted ; or 
 
 (2.) Prevents any Commissary of Taxation from inspecting any such 
 book j or 
 
 (3,) Molests or obstructs any Commissary of Taxation when inspect- 
 ing such books ; or 
 
 (4.) Prevents or attempts to prevent by any device or otherwise any 
 Commissary of Taxation from ascertaining the true quantity and 
 strength of all liquor in such shop ; or 
 
 (5.) Molests or hinders any Commissary of Taxation when ascertain- 
 ing such quantity or strength ; 
 shall be guilty of an offence, and, being convicted thereof, shall be liable 
 to a penalty of not less than twenty dollars and not exceeding fifty 
 dollars. (Amd. 8 of 1899, s. 12.) 
 
 48. Every holder of a Retail Spirit Shop Licence, or his agent, before 
 being allowed to pay duty at the rate per gullon fixed by an}^ Tax 
 Ordinance for the time being in force to be paid on each gallon (jf the 
 number of gallons of rum specified in his licence, shall be required to 
 fill in, according to the facts, a declaration relating to the same in the 
 Form No. 15 contained in the Schedule to this Ordinance, and to sign 
 the same. (Amd. 8 of 1899, s. 13.) 
 
 49. — (1.) All rum, brandy, whiskey, gin and other spirituous liquors 
 in any licensed retail spirit shop, hotel or tavern, or liquor store, or in 
 any part of the premises or outbuildings of, or connected with, the
 
 A.D. 1868.] 
 
 WINE, FAV., LICENCES. 
 
 [No. 8. 
 
 383 
 
 same, sliall be of good wholesome quality and shall be of a strength not 
 below twenty-five per cent, under proof. 
 
 (2.) If any such ruin, brandy, whiskey, gin or other spirituous 
 liquor is not of good wholesome quality, or is of a strength below twenty- 
 five per cent, under proof, the same, and the package containing the 
 same, may be seized by any Commissai-y of Taxation or Officer of 
 Customs and shall be forfeited, and the liolder of the licence for the 
 retail spirit shop, hotel or tavern or liquor store, (as the case may be) 
 in or near which the same is found, shall be guilty of an offence, and 
 being convicted thereof, shall be liable to a penalty not exceeding fifty 
 dollars. 
 
 (3.) If any rum, brandy, whiskey, gin, or other spirituous liquor 
 of a strength below twenty-five per cent, under proof is sold from any 
 licensed retail spirit shop, hotel or tavern, or liquor store, the holder of 
 the licence for such retail spirit sliop, hotel or tavern, or liquor store 
 (as the case may be), shall be guilty of an offence, and, being convicted 
 thereof, shall be liable to a penalty not exceeding fifty dollars. 
 
 (4.) The provisions of this section as to the strength of rum, 
 brandy, whiskey, gin and other spirituous liquors sold shall not apply 
 to any such bitter^, cordials, liqueurs, or similar compounds of rum 
 manufactured by a compounder under the Bitters and Cordials Ordin- m, i of 1890. 
 ance, 1890, or to any such spirituous liquors as have on importation 
 been passed by the Comptroller of Customs as bitters, cordials, or 
 liqueurs, provided the strength of such bitters, cordials, liqueurs, or 
 similar compounds, compounded or imported has not been artificially 
 altered since they wei'e removed from the compounder's premises, or 
 imported, as the case may be. (22 of 1900, s. 5.) 
 
 49a. — (1.) The quantity of rum in bottles in any licensed retail Quantity of 
 spirit shop shall not exceed at any one time thirty reputed quarts or ^™ be kept in 
 sixty reputed pints for each 100 gallons or part of 100 gallons of the retail spirit 
 annual assessment of such shop. .shop. 
 
 (2.) If any quantity of rum in bottles is at any time found by an 
 officer in the stock of a holder of a retail spirit shop licence in excess 
 of the quantities mentioned in sub-section (1) of this section, the same 
 may be seized by such official and the holder of the retail spirit shop 
 shall be guilty of an offence and being convicted thereof shall be liable 
 to a penalty not exceeding twenty-five dollars : 
 
 Provided that where in any case the number of bottles so allowed 
 to be kept would be less than 270 reputed quarts or 540 reputed pints, 
 it shall be lawful to have rum in bottles in such shop to the extent of 
 270 reputed quarts or 540 reputed pints at one time and no more. 
 (20 of 1904, s. 3.) 
 
 50. — (1.) No goods, wares or merchandise whatevei', except ice, 
 liquors of every description used for drink, empty packages which 
 have contained such liquors, and tobacco, whether manufactured or 
 not, cigars and cigarettes, shall be dealt io, sold bartered, exchanged, 
 or otherwise disposed of, either directly or indirectly, in or from any 
 licensed retail spirit shop in Georgetown or New Amsterdam, or by 
 the holder of the licence for such shop in or from any adjoining house 
 or premises. 
 
 (2.) The holder of such licence shall be liable to a penalty of not 
 less than ten dollars and not exceeding fifty dollars for every breach 
 of any of the foregoing provisions of this section : Provided that a 
 
 Articles, other 
 than liquors 
 permitted to be 
 sold in retail 
 spirit shops in 
 Georgetown 
 and New 
 Amsterdam.
 
 384 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 Penalty on 
 holder of 
 licence for sale 
 of liquor to 
 person 
 intoxicated. 
 
 Penalty on 
 holder of Retail 
 Spirit Shop 
 Licence for 
 barter of liquor 
 in retail spirit 
 shop. 
 
 Penalty on 
 holder of Retail 
 Spirit Shop 
 Licence, etc., 
 not dispersing 
 riotous meeting 
 in or near 
 retail spirit 
 shop. 
 
 licence may be granted to any person, other than the holder of a 
 Retail Spirit Shop Licence, to keep any shop, other than a retail spirit 
 shop, in such adjoining house or premises, provided that there is no 
 internal communication between the two; and if after the granting 
 of any such licence, any such communication is jiiade, the holder of 
 such licence shall be liable to a penalty of ten dollai's for every day that 
 such communication remains open. (Amd. 12 of 1896, s. 4.) 
 
 51. If ''iny intoxicating drink whatever is delivered in any licensed 
 hotel or tavern, or in or from any licensed retail spirit shop, to any 
 person appearing to be in a state of intoxication, the holder of the 
 licence for such shop, hotel, or tavern, shall be liable to a penalty not 
 exceeding five dollars. 
 
 52. All liquors disposed of in any licensed retail spirit shop shall 
 be sold for money, and shall not be bartered or exchanged for any 
 other thing, on pain of the holder of the licence for such shop being 
 liable to a penalty not exceeding ten dollars for every breach of this 
 section. 
 
 53.— (1.) If at any time there is 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 immediately call or 
 send for the assistance of the nearest policeman or rural constable to 
 disperse such meeting or assemblage. 
 
 (2.) If any person so in charge fails to call or send for such assist- 
 ance, the holder of the licence for such shop shall be liable to a penalty 
 not exceeding ten dollars ; and any policeman or rural constable who, 
 
 Penalty for 
 playing at 
 cards or dice, 
 or gaming in 
 licensed retail 
 spirit shop. 
 
 Penalty for 
 sale of spirits 
 in or from 
 licensed retail 
 spirit shop to 
 soldier, etc. 
 
 neglects 
 
 to 
 
 give 
 
 such assist- 
 
 on being so called or sent for, refuses or 
 
 ance shall be liable to a penalty not exceeding ten dollars. 
 
 54. No playing at cards or dice, whether for money or mere amuse- 
 ment, and no gaming of any kind whatever, shall be carried on in any 
 licensed retail spirit shop, or in any part of the premises thereto apper- 
 taining, or adjoining, on pain of the holder of the licence for such shop 
 being liable to a penalty of fifty dollars, and of every person engaged 
 in any such playing at cards or dice, or in any such gaming, being liable 
 to a penalty of ten dollars. 
 
 55. — (1-) No spirituous liquor of any kind shall be sold, bartered, 
 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 His Majesty's Troops in this Colony, 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. 
 
 (2.) The holder of the licence for any such shop shall be liable to 
 a penalty of not less than ten dollars and not exceeding twenty-five 
 dollars for the first, and of fifty dollars for each subsequent, breach of 
 any of the provisions of this section. 
 
 56. 
 
 Powers and Procedure. 
 -(1.) It shall be lawful for all members of the Police Force, 
 
 Power to 
 
 Polic?Force to ^^en and a's often as they may think fit, to enter any licensed retail 
 
 enter licensed spirit shop, and into and upon the premises belonging thereto or used 
 
 retail spirit therewith. 
 
 shop.
 
 A.D. 1868.J 
 
 WINE, ETC., LICENCES. 
 
 [No. 8. 
 
 385 
 
 (2.) Ever}'' person who refuses to admit any Member of tlie Police 
 Force into such shop or premises, or molests any member of tlie Police 
 Force when in such shop or premises, shall be guilty of an offence, 
 and, being convicted thereof, shall Ije liable to a penalty not exceeding 
 fifty dollars. 
 
 Production f)f 
 
 Occasional 
 
 Licence. 
 
 Arrest of person 
 found selling 
 spirituous 
 liquor without 
 licence. 
 
 57. Ever}' person holding an Occasional Licence for the sale of 
 spirituous liquor.s shall be bound to produce such licence, whenever 
 required to do so by any Commissary of Taxation, member of the 
 Police Force, or constable. 
 
 58. Every person who is found selling, or offering or exposing for 
 sale, any spirituous liquor at any place other than in a licensed liquor 
 store, hotel, tavern, or retail spirit shop, or any wine or malt liquor 
 at any place other than in a licensed liquor store, hotel, tavern, or 
 retail spirit shop, and who doe*^ not produce an Occasional Licence for 
 the sale of spirituous liquors which authorizes the sale, or the offering 
 or exposing for sale, of wine, malt liquors, or spirituous liquors at the 
 time when and at the place where such pei'son is so found selling, or 
 offering or exposing for sale, wine, malt liquor, or spirituous liquor, 
 may be arrested by any Commissary of Taxation, member of the Police 
 Force, or constable, and detained until such person can be brought 
 before a Stipendiary Magistrate, and dealt with according to law, and 
 the wine, malt liquor, or spirituous liquor so sold or offered or exposed 
 for sale, with the packages containing the same shall l)e seized and 
 forfeited. 
 
 59. — (1-) No rum, exceeding in quantity one quart, shall be removed Prohibition of 
 without a permit accompanjnng the same, given and signed by a Com- 
 missary of Taxation or other person authorized by any law now or 
 hereafter to be in force to grant permits for the removal of rum. 
 
 (2.) Every person concerned in the removal of any rum, exceeding 
 in quantity one quart, without such permit accompanying the same, 
 shall be guilty of an offence, and, being convicted thereof, shall be 
 liable to a penalty not exceeding fifty dollars; and the rum so removed, 
 together with the packages containing the same, and ever}^ cart, vessel, 
 or other conveyance, and every animal, employed in removing the 
 same, shall be forfeited. 
 
 60, Every Commissary of Taxation, Officer of Customs, member of Powers of 
 the Police Force, and constable who has cause to suspect that any gearch^and 
 person is carrying or romoving any rum, exceeding in quantity one an-est in regard 
 quart, may stop, detain, and examine such person, and may examine *" mm being 
 every package, cart, vessel, or conveyance under the control of such ^^^^^^ 
 person, and may examine every cart, vessel, or conveyance on or in 
 which such person may be ; and if any Commissary of Taxation, Officer 
 of Customs, member of the Police Force, or constable ascertains that 
 any person is carrying or removing any rum, or is concerned in the 
 carrying or removing of any rum, exceeding in quantity one quart, 
 without having obtained a permit for such removal given and signed 
 by a Commissary of Taxation, or other person authorized by any law 
 now or hereafter to be in force to grant permits for the removal of 
 rum, such Commissaiy of Taxation, Officer of Customs, member of the 
 Police Force, or constable may seize such rum with the package con- 
 taining the same, and may seize the cart, vessel, conveyance and all 
 animals employed in removing the same, and may arrest the person 
 
 removuig iiini, 
 exceeding in 
 quantity one 
 ([uart, without 
 permit.
 
 386 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 carr^'ing or removing such rum, or concerned in the carrying or remov- 
 ing of such rum, and detain such person until he can be brought before 
 a Stipendiary Magistrate and dealt with according to law. 
 
 Persons 
 authorized to 
 enter premises 
 and demand 
 licence. 
 
 Disposal of 
 liquor, etc., 
 seized. 
 
 Mode of 
 disputing 
 seizure of 
 liquor, etc. 
 
 61. The Inspector Genei'al of Police, any Commissary of Taxation, 
 any Inspector and sergeant of Police, and any corporal of Police and 
 ordinary policeman who has a general authority in writing from the 
 Inspector General or any Inspector, may enter any premises whatever 
 in which any wine or malt liquor to lie drunk on the premises, or any 
 spirituous liquor whatever, is sold, or is offered, 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 does 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 liquor 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 Stipendiary Magistrate, and any such Magistrate shall, if he 
 thinks fit, order all wine, malt liquor, and spirituous liquor in' the said 
 premises, room, or place to be seized, and all such wine, malt liquor, 
 and spirituous liquor so seized shall be dealt with according to the pro- 
 visions of this Ordinance. 
 
 62. — (1.) 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 Colonial Bonded Warehouse, or some convenient 
 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' Hydrometer, and such examination, gauging, 
 and testing may be made by any Commissary of Taxation, or by any 
 sworn ganger, or by any manager or overseer of a plantation, who may 
 be called in for such purpose. 
 
 (2.) 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 the particulars of such examination, gauging, and testing ; and 
 during such examination, gauging, and testing, the liquor seized, and 
 the casks or other packages containing the same, shall remain on the 
 premises of the owner or person claiming the same, but in the posses- 
 sion of the person seizing, or some person authorized by him to retain 
 possession of, the same : Provided that not more than six hours shall 
 be allowed for any such examination, gauging, and testing. 
 
 63. — (I.) Every person owning any liquor so seized, and desirous of 
 disputing such seizure, shall, within fourteen days thereafter, by him- 
 self or by some ngent authorized by him, niake his claim in writing to 
 the Stipendiary Magistrate of the Judicial District within which such 
 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 Commissary of the Fiscal District within which the 
 seizure has been made, and, if the seizure has been made by any other 
 person than the Commissary, shall also, within the same time, serve a 
 copy of the claim on such person. 
 
 (2.) The Commissary, if the claim is to be resisted, shall appear in 
 opposition thereto, and in support of the seizure.
 
 A.D. 1868.] WINF, ETC., LICENCES. [No. 8. 387 
 
 (3.) When the seizure has been made by any other person than 
 the Commissary, such person shall be considered a co-defendant with 
 the CoramissMry, and may also appear in opposition to the claim and 
 in support of the seizure, if he thinks fit. 
 
 (4.) Every such claim shall contain the name of the claimant, and 
 his occupation and residence, or the name, occupation, and residence of 
 his agent, if the claim is made through an agent, and the grounds of 
 the claimant for disputing the seizui-e, and shall also state that the 
 liquor seized is the property of the claimant. 
 
 (5.) Every such claim shall be supported by the oath of the claimant, 
 or, if the claim is made through an agent, by that of his agent swearing 
 to the best of his knowledge and belief. 
 
 (6.) When any such claim is made through an agent, sufficient 
 evidence of his authority to satisfy the Stipendiary Magistrate shall 
 be laid over with the claim. 
 
 (7.) No such claim shall be received by the Stipendiary Magistrate 
 unless, along with the same, the claimant deposits the sum of twenty- 
 four dollars by way of security for any costs which may be awarded 
 afjainst him. 
 
 64. In ever}^ case under the preceding provisions of this Ordinance, Onus of proof 
 the proof of the illegality of the seizure shall rest with the claimant; as to legality 
 and proof of its legality shall not rest with the Commissar}' or other 
 
 person making the seizure ; but he may adduce evidence in answer to 
 any evidence given by the claimant. 
 
 65. On the hearing of any such claim, if the seizure has been made Proof of 
 by a Corporal of Police or an ordinary policeman, in addition to his '^'^Pj^city and 
 statement upon oath, that he is a police officer, he shall be bound to seizin^ officer 
 produce his authority from the Inspector General or Inspector ; but 
 
 if the seizure has been made by any other officer entitled to make 
 the same, it shall be sufficient for him to state upon oath that he acts 
 as such officer. 
 
 66. Every such claim shall be heard before the Stipendiary Magis- Hearing and 
 trate of the Judicial District within which the seizure has been made, HfJiWf '^^''*'"" "^ 
 and if the Stipendiary Magistrate rejects the claim with respect to all 
 
 or any of the articles seized, he shall condemn such articles, and shall 
 
 make an order of condemnation in the Form No. 1 6 contained in the Schedule : 
 
 Schedule to this Ordinance. ^o"" N°- ^'^■ 
 
 67. If, on the hearing of any claim, an}'^ of the articles seized are Costs, and 
 condemned, the claimant shall be adjudged to pay all costs of the Com- I'estoration of 
 missary, and also of the co-defendant, if there is any co-defendant, and 
 
 in such case any articles not condemned shall be restored to the 
 claimant at his own expense ; but if none of the articles seized are con- 
 demned, the Stipendiary Magistrate shall order their restoration at the 
 expense of, and the payment of all costs of the claimant by, the 
 seizing officer. 
 
 68. If any articles seized as aforesaid are not claimed, or if any copy Forfeiture of 
 of a claim relating to any such articles is not served, as hereinbefore articles seized, 
 provided, and in the manner, and within the time hereinbefore limited, 
 
 with respect to the making, and the service of copies, of claims, or if, 
 
 VOL. I. 26
 
 388 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 after a claim has been made, any articles so seized are condemned, all 
 such articles shall ijiso facto become and be forfeited. 
 
 Proceedings 
 on claim. 
 
 iSee Ordinances 
 No. 12 o/ 1893 
 and A^o. I'i of 
 1893. 
 
 Power to 
 search certain 
 premises for 
 wine and malt 
 liquor. 
 
 Penalty on 
 occupier of 
 certain 
 premises if 
 wine or malt 
 liquor is found 
 theron. 
 
 Limitation of 
 time for 
 proceedings 
 under a. 71. 
 
 69. All proceedings before, and every order made by, any Stipendiary 
 Magistrate in relation to any such claim shall be according to the 
 provisions of, and shall be subject to the appeal provided by, any 
 Ordinances for the time being in force regulating procedure l^efore 
 Stipendiary Magistrates in the exercise of their summary jurisdiction 
 and appeals from the decisions of Stipendiary Magistrates. 
 
 70. Any Commissary of Taxation, and any person authorized by him 
 in writing for each particular case, may enter any store, shop, or 
 business premises whatever and may search for wine and malt liquor. 
 
 71. — (1.) The occupier of any store, shop, or business premises what- 
 ever, other than a licensed liquor store, hotel, tavern, or retail spirit 
 shop, or a store, shop, room, or yard for which the occupier holds a 
 licence to sell wine and malt liquor thei'ein, in which is found any wine 
 or malt liquor shall be guilty of an offence, and, being convicted thereof, 
 shall be liable to a penalty of not less than ten dollars and not exceed- 
 ing fifty dollars, and all the wine and malt liquor whatsoever so found, 
 and the packages containing the same, shall be seized by the Comrais- 
 sar}'- of Taxation, or other authorized person making the search, and 
 removed to a safe place of custody elsewhere, and shall there be 
 detained until adjudication of the charge to be brought against such 
 occvipier as hereinafter provided. 
 
 (2.) If such charge is decided against the defendant, the wine and 
 malt liquor so detained and the packages shall, ijiso facto and without 
 any condemnation whatever, be forfeited ; and if the charge is decided 
 in favour of the defendant, such wine and malt liquor and packages 
 shall be restored to him by the Commissary of Taxation : Provided 
 always that if the person charged satisfies the Stipendiary Magistrate 
 Ijefore whom the charge is investigated that the whole of the wine or 
 malt liquor found on the premises was there kept for the exclusive use 
 of the occupier or his servant or agents working or residing on the 
 premises, and not for the purpose of l:)eing disjDosed of for monej^ or 
 reward, the Stipendiary Magistx'ate shall dismiss the charge and order 
 the restoration of the wine and malt liquor so seized. 
 
 (3.) The onus of proving that the wine and malt liquor so found 
 was kept for the purposes aforesaid shall be on the person charged, and 
 the person charged may tender himself and be examined as a witness 
 on his own behalf. 
 
 (4.) For the purposes of this section, any member of a firm occupy- 
 ing a shop, store, or other business premises may be proceeded against 
 as occupier. 
 
 72. — (1.) Every charge under the last preceding section shall be 
 brought within one month from the seizure of the wine or malt liquor 
 to which such charge relates. 
 
 (2.) In default of its being so brought, the occupier of the premises 
 in which such wine or malt liquor may have been seized shall be en- 
 titled, on application to any Stipendiary Magistrate, to an order from 
 him on the Commissary of Taxation who has removed such wine or 
 malt lifjuor to re-deliver the same, and the packages containing it, to 
 such occupier.
 
 A.D. 1868.] WIiYB, ETC., LICENCES. [No. 8. 389 
 
 73. Any person dealing in wine or malt liquor l>y wholesale may Privilege of 
 
 keep, in any store, shop, or business premises occupied by him, a sample j i , * k 
 
 not exceeding one qnait, of each quality of wine or malt liquor in which smuples of 
 
 he deals, without being guilty of an offence under section 71. wine or mult 
 
 ' o o ^ liquor. 
 
 74. — (1.) If any holder of a Retail Spirit Shop Licence is convicted Exhil.iting of 
 of having any rum, brandy, or other spirituous liquor in his shoi), or ""*^":*^ "' . 
 in liny premises or out-buudmgs connected therewitli, not or a good certain casis. 
 wholesome (luality, or of having there had any rum of a strength below 
 twenty-five per cent, under proof, he shall be bound to suffer any mem- 
 ber of the Police Force to affix, and shall be bound to permit to remain 
 for fourteen days affixed, to the said shop in some place where the same 
 are conspicuous, two placards stating the fact of such conviction. 
 (Amd. 22 of 1900, s. 6.) 
 
 (2.) Every holder of any licence to whose shop any such placards 
 are so affixed shall be liable to a penalty not exceeding twenty five 
 dollars if any such placard is defaced <»r destroyed before the expira- 
 tion of the said fourteen days, and if any such placard is defaced or 
 destroyed a new placard may be so affixed instead thereof. 
 
 75. — (1.) AMien an order is made under the provisions of this When order of 
 Ordinance suspending any licence for a retail spirit shop, such order, suspension of 
 unless an appeal against such order is previously made by the holder of eflect. 
 such licence, shall take effect at the expiration of the ten days next 
 after the day on which the order suspending such licence is made, and 
 if an appeal is previously made, then at the expiration of the ten days 
 next after the day on which the order is finally confirmed. 
 
 (2. ) It shall not be lawful for the holder of such licence to sell any 
 wine, malt liquor, or spirituous liquor in the shop for which the licence 
 has been granted while such licence is suspended. 
 
 (3.) Every person who sells any wine, malt liquor, or spirituous 
 liquor in the said shop whilst such licence is suspended shall be deemed 
 to have sold the same without having a licence to do so, and shall Ije- 
 come liable to the penalties imposed on every person so acting. 
 
 76. Any holder of a Retail Spirit Shop Licence who, in any one Penalty on 
 
 month, is in arrear of the payment in advance of his instalment for that ^° ^j^lj Spji-it 
 
 month, and who, notwithstanding such arreai', sells in or from any shop Licenee 
 
 such shop any liquor whatever shall be liable for every such sale to a selling luiuor 
 
 penalty of not less than fifty dollars and not exceeding five hundred j^^j^j. ^f licence 
 
 dollars. is in arrear. 
 
 77. — (1.) Every holder of a licence for a liquor store, hotel, tavern, Liability of 
 or retail spirit shop shall be, as he is hereby declared to be, penally |»'^lder of 
 liable and respcmsible for every breach of any provision of this Ordin- ijreach of the 
 ance by any member of his family, or by any person employed, whether Ordinance by 
 temporarily or permanently, in or about any liquor store, hotel, tavern, J"","]^'^^;^^^ ''** 
 or retail spirit shop, or in or about any room or place thereto attached person in his 
 and belonging, in the same manner and as fully as if he himself had employ, 
 committed such breach. 
 
 (2.) Any such member of the family, or any such person in the 
 employ, of any such holder of any such licence may be examined as a 
 witness for or against him on any charge brought against him under 
 this Ordinance, and, if so examined, shall not himself thereafter be 
 liable to any charge in respect of such breach. 
 
 VOL. I. . 26a
 
 390 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Special 
 provisions 
 where holder of 
 licence incurs 
 a penalty and 
 wliere he is 
 without the 
 Colony. 
 
 Liability of 
 representative 
 of holder of 
 licence in 
 certain cases. 
 
 Persons 
 authorized to 
 enter store, 
 shop, or busi- 
 ness premises 
 and search for 
 liquor. 
 
 Penalty for 
 having rum or 
 other spirituous 
 liquor in 
 premises not 
 duly licensed. 
 
 78. Where by the provisions of this Ordinance the holder of a 
 licence is made liable to a penalty in respect of any act or omission, 
 and a charge is preferred alleging such act or omission, the following 
 proceedings shall be lawful, that is to say, — 
 
 (1.) The summons may be served in the manner now permitted 
 by law, or by leaving the same with any person wdio is apparently 
 a clerk or servant found on the premises for which the licence is 
 granted, or, if no such person can be found, by affixing the same 
 in a conspicuous manner to the outer door or outer wall of the 
 premises ; 
 
 (2.) Where the holder is without the Colony, his attorney or agent 
 may appear on his behalf ; and 
 
 (3.) Where the holder is without the Colony, either at the time 
 of the act or omission charged or at the time when the summons 
 is served, the Stipendiary Magistrate, on being satisfied as to the 
 service of the summons as hereinbefore authorized, shall proceed 
 to investigate the matter of the charge, whether any attorney or 
 agent appears for such holder or not, and, if the act or omission is 
 proved, may order the penalty to be paid and to be levied upon 
 the goods and chattels of the holder of the licence by distress, but 
 where it is not shown that the holder left the Colony to avoid the 
 service of the summmons upon him personally, the Magistrate 
 shall not make order or direct that the holder shall be imprisoned, 
 either in default of sufficient goods or chattels V)eing found or 
 otherwise. 
 
 79. The attorney of the holder of any licence issued under this 
 Ordinance, where the holder is without the Colony, shall be liable 
 to every penalty imposed by this Ordinance on the holder of the 
 licence in respect of any act or omission, if it is proved that such 
 act or omission occurred with the knowledge and consent of the said 
 attorney. 
 
 80. Any Commissary of Taxation, and any person specially author- 
 ized by him in writing for each particular case, may enter any store, 
 shop, or business premises whatever, and may search for spirituous 
 liquor. 
 
 81. — (1.) The occupier of any store, shop, or business premises what- 
 ever, other than a licensed letail spirit shop, in which is found any rum, 
 and the occupier of any store, shop, or business premises whatever, other 
 than a licensed liquor store, hotel, tavern, or retail spirit shop, in which 
 is found any other spirituous liquor whatever, shall be liable to a 
 penalty of not less than twenty dollars and not exceeding five hundred 
 dollars. 
 
 (2.) All spirituous liquor whatever so found, and the j^ackages 
 containing the same, shall be seized by the person making the search, 
 and shall be removed by the Commissary of Taxation to the Colonial 
 Bonded Warehouse, or to some convenient and safe place of custody 
 elsewhere, and shall there l)o detained until adjudicaticm of the com- 
 plaint for the penalty to be brought against such occupier as hereinafter 
 provided. 
 
 (3.) If such complaint is decided against the defendant, the spirit- 
 uous liquor and packages so detained shall, i/wo facto and without any 
 condemnation wliatever, be forfeited ; and if such complaint is decided
 
 A.D. 1868.] WINE, ETC., LICENCES. [No. 8. 391 
 
 in favour of the defendant, such spirituous liquor and packages shall be 
 restored to him l)y the Coinniissary of Taxation. 
 
 (4.) For the jjurposes of this section, any member of a firm occupy- 
 ing a shop, store, or other business premises may te proceeded against 
 as the occupier. 
 
 82. Every complaint under the last preceding section shall Ix; brought I^iniitatinii of 
 within one month from the seizure of the spirituous liquor to which such coiTaHin'r'"''" 
 charge relates ; and, in default of its being so brought, the occupier of under s. 81. 
 the premises in which such spirituous li({uor has been seized shall be 
 
 entitled, on application to any Stipendiary Magistrate, to an order from 
 him on the Commissary of Taxation who has removed such spirituous 
 liquor, to re-deliver the same and the packages containing it to such 
 occupier. 
 
 83. Any person dealing in rum or other spirituous liquor by whole- Keeping; of 
 sale may keep, in any store, shop, or business premises occupied by him, **'"."l'l*^s "^ 
 a sample, not to exceed one quart, of each kind and each (juality of ii(jiior. 
 spirituous liquor in which he deals, without being held guilty of an 
 offence under section 81. 
 
 84. Every person who — Penalty for 
 
 (1.) By refusing to open any door which it is legally in his power to etc., persoTi' 
 open, or in any other way, obstructs, or who in an}^ way molests, authorized to 
 opposes, hinders, or impedes, any officer authorized by this Ordin- geiirch^"^ 
 ance, r>v any person having authority in writing under this Ordin- premises. 
 ance and exhil)iting his authority, to enter any premises, and there 
 to search, or otherwise to ascertain whether there has been any 
 breach of any part of this Ordinance ; or 
 
 (2.) Removes, throws away, or destroys, or causes to be removed, 
 thrown away, or destroyed, any wine, malt liquor, or spirituous 
 liquor, in order to prevent or impede any search for or seizure of 
 the same, 
 
 shall be liable to a penalty of not less than twenty dollars and not 
 more than five hundred dollars. 
 
 85. In any charge, complaint, or information which may be brought Rule as to 
 under this Ordinance, it shall not be necessary to negative any excep- "egatiym^' 
 tion or proviso that there may be in favour of the defendant or party 
 proceeded against, but the onus of proving such exception or proviso 
 
 shall rest with such defendant or party. 
 
 86. Every person who, under the provisions of this Ordinance, Description 
 becomes liable to any penalty shall be held guilty of an offence, and 
 shall be convicted thereof ; and in every conviction under this Ordinance 
 it shall be sufficient that the offence therein intended to be set forth is 
 stated in plain language, so as to inform a person of ordinary intelli- 
 gence of what is meant, and no technical description of any offence 
 
 shall be necessary in any conviction under this Ordinance. 
 
 87. — (1.) Every holder of a Retail Spirit Shop Licence who has twice Lialiility of 
 
 been convicted under this Ordinance, may, on conviction a third time, be i\",l*?*^[^^- .■^ 
 
 adjudged, in addition to any fine or penalty awarded against him, to ghop Licence, 
 
 forfeit his licence. "» tliii'd wn- 
 
 (2.) In every case of forfeiture under this section, the Stipendiary f,'rfg"t"'j.g"of 
 
 Magistrate, in addition to the conviction awarded against the defendant, licence. 
 
 of oft'eiice in 
 conviction.
 
 392 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 Schedule : 
 Form No. 17. 
 
 Procediu'e and 
 appeal. 
 
 SreOi'dinayires 
 No. 12 0/1893 
 and No. 13 q/" 
 1893. 
 
 shall, by a separate adjudication under his hand and in the Form No. 
 17 contained in the Schedule to this Ordinance, declare the licence of 
 the defendant to be forfeited, and, immediately on such adjudication, 
 the defendant shall deliver the licence theretofore held b}' him to the 
 Commissary of Taxation for the Fiscal District within which it has 
 been used, on pain of liability to a penalty of fifty dollars for every 
 day that he fails so to deliver the same. 
 
 (3.) Every Commissary, on any forfeited licence being delivered 
 to him, shall deliver the same to the Excise Board, who shall cancel 
 the same. 
 
 (4.) No such forfeiture or cancelment shall exonerate the defendant 
 or his sureties from their liability to pay up all instalments then due, 
 or thereafter to accrue due, in respect of such licence. 
 
 88. — (1.) All fines and penalties to which any person may be liable 
 under this Ordinance shall be sued for, prosecuted, realized, and re- 
 covered, and all proceedings in respect of forfeitures under this Ordin- 
 ance, to effect which any proceedings may be necessary, shall be 
 prosecuted and carried on, in a summary manner, by any Commissary 
 of Taxation, before any Stipendiary Magistrate. 
 
 (2.) Every conviction, order, or adjudication whatever in respect 
 of anj?^ such fine, penalty, or forfeiture shall be according to the forms, 
 (except as specially provided in this Ordinance,) and the rules of pro- 
 cedure, and subjt^ct to any appeal, respectively provided by an}^ Ordin- 
 ances for the time being in force regulating procedure bef(jre Stipen- 
 diary Magistrates in the exercise of their summary jurisdiction and 
 ajDj^eals from the decisions of Stipendiary Magistrates. 
 
 (3.) Every Stipendiary Magistrate shall have full jurisdiction and 
 power t ) hear, determine, and adjudicate in the case of any such fine, 
 penalty, or forfeiture, whatever may be the amount or value thereof : 
 Provided that no prosecution or proceeding for or in respect of an}^ fine, 
 penalty, or forfeitui-e exceeding in amount or value the sum of two 
 hundred and forty dollars shall be carried on without the previous 
 authority in writing of the Attorney General, 
 
 89. AH articles forfeited under the provisions of this Ordinance 
 other than articles forfeited under section 49, shall be put up to public 
 competition by the Commissary of Taxation, and sold by him for cash to 
 the highest bidder, not sooner than fourteen days after the forfeiture, and 
 after not less than ten days' advertisement of such sale in T/te Official 
 Gazette and at least one newspaper published in the Colony. Articles 
 forfeited under section 49 shall be destroyed, (Amd. 28 of 1902, s. 5.) 
 
 Deduction 90. — (1.) The ofticer into whose hands the gross amount of any 
 
 from proceeds g penalty, or forfeiture recovered and realized under this Ordinance 
 
 of hnc, etc., for in i t-> • /-i i l 
 
 the Revenue may come shaJl pay over the same to the Keceiver (jeneral or the 
 Defence Fund. Assistant Receiver General, who shall deduct a sum equal to ten per 
 'no 4 'oflnm'^ cent, thereof, and sliall enter the same to the credit of the Revenue 
 
 Defence Fund. 
 
 (2.) There shall also be deducted from such amount all costs and 
 
 expenses whatever. 
 
 Recovery of 91. The Receiver General or the Assistant Receiver General shall 
 
 money due on },e entitled to parate or summary execution, against all the parties to 
 
 the Ordinance. *".^' '"^'"d given under this Ordinance, for any sum for which the 
 
 Crown Solicitor may instruct the Registi-ar to issue sunnnation 
 
 Sale of for- 
 feited article.
 
 A.D. 1868.] 
 
 ]VIX£, FTC, LICENCES. 
 
 [No. 8. 
 
 393 
 
 on such bond ; and such execution may be against all, or any one or 
 two, of such parties ; and to oV)tain such execution, it shall not he ne- 
 cessary to give any proof of the signing or of the validity of the bond. 
 
 92. The Governor may remit, either in whole or in part, and on Power to 
 such terms as may be deemed fit, any fine, penalty, forfeiture, or costs remit tiue, etc. 
 whatever incurred under this Ordinance. 
 
 Protection of 
 person acting 
 under the 
 Ordinance. 
 No. 2 of 1850. 
 
 Liability to 
 diiniaf^es and 
 costs of person 
 making,' seizure 
 under the 
 Ordinance. 
 
 93. All persons acting under the provisions of this Ordinance shall 
 be entitled to the protection afforded by the Justices Protection 
 Ordinance, 1850. 
 
 94. — (1.) No action, suit, or prosecution whatever shall be brought 
 against any person in I'espect of any detention or seizure made under 
 this Ordinance when such detention or seizure has been followed ])y 
 forfeiture of the articles seized or any portion of them. 
 
 (2.) When any action, suit, or prosecution whatever is brought 
 against any person in respect of any detention or seizure made under 
 this Ordinance, and which has not been followed by forfeiture of any 
 of the articles detained or seized, if the Judge or Court before whom 
 or which such action, suit, or prosecution is tried is of opinion that 
 there was reasonal^le ground for such detention or seizure, the defendant 
 shall not be liable to pay to the plaintiff in such action or suit more 
 than four cents damages, nor any costs of suit, nor shall he in such 
 prosecution be liable to more than a fine of twenty- five cents. 
 
 95. — (1.) The Forms contained in the Schedule to this Ordinance Power to vaiy 
 may, as and when it may be found necessary, be varied and adapted to i'onus. t-tc. 
 suit the particular circumstances of any case. Schedule. 
 
 (2.) The Excise Board may, with the sanction of the Governor and 
 Court of Policy, at any time vary or alter any of such Forms, and may 
 make new forms to be used for the purposes of this Ordinance, pro- 
 vided that such new forms shall not be used until they have been 
 published, as sanctioned by the Governor and Court of Policy, in 
 three publications of The Olficiid Gazette and of one newspaper of 
 the Colony. 
 
 (3.) Any of the Forms No. 1, No. 7, No. 13, No. 14, and No. 15 
 may from time to time be altered by the Comptroller of Customs, 
 with the apj)roval of the Governor and Court of Policy, and such 
 altered forms, when published in The Official Gazette, shall have the 
 same force and effect as if they were incorporated in the Schedule to 
 this Ordinance. 
 
 96. Commissaries of Taxation and members of the Police Force shall 
 be incapable of holding any licence mentioned in this Ordinance. 
 
 97. Nothing in this Ordinance shall affect the provisions of any 
 Ordinance for the time being in force relating to the distillation and 
 sale of rum, or to the quantity of rum that may be kept by any person 
 or to the regulations for keeping the same, as provided by any such 
 Ordinance. 
 
 Disqualifi- 
 cation of Com- 
 nrissary, etc., 
 from holding 
 licence. 
 
 Saving of 
 provisions of 
 Orduiance 
 relating to 
 distillation and 
 sale of rum, 
 etc. 
 
 Sec No. 1 of 
 1905.
 
 394 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 186$. 
 
 Section 17. 
 
 SCHEDULE. 
 
 FORMS. 
 
 Form No. 1. 
 
 Permission to the Holder of a Retail Spirit Shop Licence to sell mute than 
 
 One Quart of Rnm. 
 British Guiana. 
 
 Permission is hereby granted to the holder of a Retail Spirit 
 
 Shop Licence for the shop" situated at to sell gallons of Rum 
 
 to and permission is hereby granted to to convey the 
 
 said gallons of rum to within hours from o'clock 
 
 of the day of 1 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Commissary of Taxation. 
 
 Section 20. 
 
 Section 20. 
 
 Form No. 2. 
 
 Application for a liquor Store Licence. 
 British Guiana. 
 
 To the Secretary of the Excise Board. 
 
 I, A. B., [state trade or occupation'] now residing at 
 
 in the County of 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 premises occupied by 
 me, and situated at \Jiere describe the premises as accaratcly as possible'] where 
 I intend to keep a Licensed Liquor Store. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 A. B. 
 
 Form No. 3. 
 
 Application for an Motel or a Tavern Licence. 
 
 British Guiana. 
 
 To the Secretary of the Excise Board. 
 
 I, A. B., \_state trade or occupation] now residing at 
 
 in the County of hereby make application to the 
 
 Excise Board for an Hotel [or a Tavern] Licence to sell Wine, Malt Liquors, 
 and all Spirituous Liquors, except Rum, to be drunk on the premises occupied 
 by me, and situated at [here describe the premises as accurately as jjossible] where 
 I intend to keep an Hotel [or a Tavern]. 
 
 Dated this day of 1 . 
 
 (Signed.) 
 
 A.B. 
 
 Section 2.3. Form No. 4. 
 
 Liquor Store Licence. 
 British Guiana. 
 
 No. 
 
 (Date) 
 
 A Fiiciiior Store Ijicencc is hereby granted to to Icctp from (he 
 
 day of 1 , to the dny of 1 > 
 
 a Ivicjiior Store at [ilescribe locality as in application] in the County of 
 
 for the purpose of selling in such Liquor Store Spirituous Liquors,
 
 A.D. 1868.] WINE, ETC., LICENCES. [No. 8. 395 
 
 other than Rum, in ijuantities not less than two gallons, subject to all the provisions, 
 rules, and regulations of tho Wine, etc.. Licences Ordinance, 1868. 
 
 (Signed.) 
 
 Iteeeiver General 
 \_or Assistant Receiver General]. 
 
 FoHM No. 0. Section 23. 
 
 Ilotd or Tavern Licence. 
 British Guiana. 
 
 No. 
 
 (Date.) 
 
 An Hotel \or a Tavern] Licence is hereby granted to to 
 
 keep from the day of 1 , to the day of 
 
 1 , an Hotel \or a Tavern] at \deseribe loralUji as in ftppVirafion'^ 
 
 in tlie C'oanty of for the purpose of selling in such Hotel [or 
 
 Tavern] Wine Malt Liquors, iind Spirituous Liquors, other than Rum, to be 
 drunk in such Hotel [or Tavern] and not elsewhere, subject to all the provisions, 
 rules and regulations of the Wine, etc., Licences Ordinance, 1868. 
 
 (Signed.) 
 
 Receiver General 
 [or Assistant Receiver General]. 
 
 Form No. 6. Section 26. 
 
 Notice of Application for a Certificate to obtain a lictail Spirit S/iop Licence. 
 British Guiana. 
 
 To Y. Z., Commissary of Taxation, and to all irhom it may concern. 
 
 I, A. B., [state trade or occupation] now residing at 
 
 in the County of hereby give notice that it is my 
 
 intention to apply, on the earliest occasion on which such application can bo made, 
 for a Certificate to obtain a Retail Siiirit Shop Licence to sell Wine, Malt Liquors 
 and all Spirituous Liquors whatsoever, in the house, or premises thereto appertaining, 
 situated at [/(ere describe the locality as accuratelij as possible'] subject to the provisions 
 of the La,w, and the persons whom I shall offer as my sureties are C. D. of 
 and E. F., of 
 
 Dated this day of 1 
 
 (Signed.) 
 A. B. 
 
 N.B. — When this notice of ajiplication relates to the renewal of a Jyicence, it shall he 
 screed in duplicate on the Commissary, and when it relates to a new Licence, it shall not 
 only be served on the Commissary, but, jireriously to such service, one copy of it shall be 
 affixed on the inside, and another on the oi(,tside, of the front door of the house, shoj), or 
 premises in which the business is pvoposcd to be carried on. 
 
 Form No. 7 (a). Section 28. 
 
 British Guiana. 
 
 County of 
 
 Be it known that on this day of , One thousand nine 
 
 hundred and , before me, {name of Stipendiary Mayistrate and Jxdicial 
 
 District) appeared A. B. of [place of residence and calling or occupation) and C. I), of 
 [place of residence and culling or occupation) and Lj. 1. of [place of residence and calling 
 or occupation) who stated that the said A. B. was desirous of keeping a Retail Sjnrit 
 Shop at [describe the house or premises as in application for licence), and in consideration 
 of the granting of a certificate to the said A. B., in accordance with the provisions 
 of the Law to enable him to obtain a licence therefor, each of the appearers under 
 renunciation of the exceptions ordinis sen e.vcussionis et divisionis [with the meaning of
 
 396 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [A.D. 1868. 
 
 Section 28. 
 
 w/iich he stated himself to he icell acquainted) acknowledged himself to be hound to 
 Our yovereign Lord the King iu the sum of (estimated amount of dutij and § 
 t)i addition). 
 
 Now the condition of this Bond is that if the said A. B. shall regularly and 
 punctually pay the sums of money due and payable thereunder in respect of any 
 licence that may be issued to him continuously hereafter from year to year to keep a 
 Retail Spirit Shop on the said j remises and any other sums of money due and payable 
 vmder any (Ordinance imposing the payment of any taxes or duties in respect of the 
 sale of ruin by retail, then this Bond to be void, otherwise to remain in full force 
 and effect, notwithstanding any forfeiture or suspension of any such licence under 
 the provisions of the law, or any neglect of the said A. B. after application made to 
 take out, or the abandonment of, any such licence. 
 
 Signed before me on the day and year first above written. 
 
 Form No. 7 (*). 
 
 British Guiaxa. 
 
 County of 
 
 Be it known that on this day the day of 
 
 , One thousand nine hundred and 
 before me [name of Stipendiary Mayistrate and Judicial District) appeared A. B. of 
 [place of residence and calling or occupatioii), CD., of [place of residence and culling or 
 occupation) and E. F., of [place of residence and calling or occupation), who stated that 
 the said A. B was about to take out a Retail Spirit Shop Licence to keep a Retail 
 Spirit Shop at [describe the house or premises as in application for licence), and in 
 consideration of the granting of a certificate to the said A. B. in accordance with the 
 provisions of the Law to enable him to obtain such licence, each of the appearers 
 under renunciation of the exceptions ordinis seu excussionis et divisionis [with the 
 meaning of irhich he stated himself to be ivell acquainted) acknowledged himself to be 
 bound to Our Sovereign Lord the King in the sum of [estimated amount of duty 
 and ^ in addition) 
 
 Now the condition of this Bond is tliat if the said A. B. shall regularly and 
 punctually pay the sums of money due and j.ayable thereunder in respect of the 
 said licence and any other sums of money due and payable under any Ordinance 
 imposing the payment of Taxes or Duties in respect of the sale of rum by retail, 
 then this Bond io be void, otherwise to remain in full force and effect, not-wilh- 
 standing any forfeiture or suspension of the said Licence under the provisions of 
 any Law, or any neglect of the said A. B. to take out, or the abandonment of, 
 the said Licence. 
 
 Signed before me on the day and year first above written. 
 
 Section 29. Foi^i No. 8. 
 
 Certificate to obtain a lictail Spirit Shop Licence. 
 British Guiana. 
 County of 
 I, [name of Stipendiary Magistrate] hereby certify that A. B., having coinpli 
 with the provisions of the Wine, etc.. Licences Ordinance, 1868, is entitleil to obts 
 from tilt! Receiver (4encral [or the Assistant Receiver General] a 
 Retail Spirit Shop Licence, to keep a Retail Spirit Shop in the house or premises 
 situated at [describe locality as in application] subject to the provisions of the said 
 Ordinance, and to take out of bond under such licence gallons 
 
 of rum. 
 
 Dated this day of 1 
 
 complied 
 tain 
 
 (Signed.) 
 
 Stipendiary Magistrate.
 
 A.D. 1868.] WINE, FTC, LICENCES. [No. 8. 397 
 
 Form No. 9. Section 29. 
 
 Retail Spirit Shop Liceiicr. 
 British Gii.\na. 
 
 No. 
 
 (Date.) 
 Class 
 
 A Retail Spirit Shop Licence, at the yearly rate of dollars, assessed 
 
 in respiict of gallons of rum, is hereby granted to 
 
 to keep from thi; day of 1 , to the day of 
 
 1 , a Retail Spirit Sliup in the house or premises situated at 
 [describe locality as in certificate'] for the purpose of selling in such Retail Spirit Shop 
 Wine, Malt Liquors, and all Spirituous Licpiors whatever, subject to the provisions 
 of the Law. 
 
 (Signed.) 
 
 lieceircr General 
 [or Assistant Receiver General]. 
 
 Form No. 10. ,, ^. „^ 
 
 section 32. 
 
 Xoticc of Applicatiun fur Transfer of Retail Spirit Shop Licence 
 
 from one Place to another. 
 
 British Giiaxa. 
 
 To Y. Z., Commissary of Taxation. 
 
 I, A. B., holder of the Licence No. for the Retail Spirit Shop situated 
 
 at [describe locality as in Licence'] hereby make application for the transfer of 
 such Licence to the house or premises thereto appertaining, situated at [here 
 describe the p7-emiscs ai accurately as possible] subject to the provisi(ms, rules, and 
 regulations of the Wine, etc., Licences Ordinance, 1868 ; and the persons whom 
 I shall offer as my sureties, in accordance with the provisions of the said 
 Ordinance, are C. B., of and E. F., of 
 
 Dated this day of 1 
 
 (Signed.) 
 A. B. 
 
 'S.H.—This notice and copies of it iiiiist be serrcd and affi.r.ed asin a case of an applica- 
 tion for a new Licence. 
 
 Form No. 11. . Section 33. 
 
 Notice of Application for Transfer of Retail Spirit Shop Licence 
 from one Person to another. 
 British Guiana. 
 
 To Y. Z., Commissary of Taxation. 
 
 I, A. B., holder of the Licence No. for the Retail Spirit Shop situated 
 
 at [describe locality as in Licence] hereby make application for the transfer of 
 such Licence to C. D., residing at in the County 
 
 of subject to the provisions, rules, and regulations of the 
 
 Wine, etc., Licences Ordinance, 1868 ; and I, the said C. D., join in this application, 
 and I offer as sureties for me, in accordance with the provisions of the said 
 Ordinance, H. F., of and G. H., of 
 
 Dated this day of 1 
 
 (Signed.) 
 A.B. 
 
 N.B. — This notice must he served in dtiplicafc on the Commissary as in the case of ati 
 opplicationfor the renewal of a Licence. 
 
 British Guiana. 
 
 Form No. 12. Section 41. 
 
 Special Pennit. 
 
 Special permission is, with the sanction of the Excise Board, hereby granted, 
 
 under the Wine, etc., Licences Ordinance, 1868, to of 
 
 engaged in [or carrying on the manufacture, or trade, or business of 
 
 ] at in the County of to remove from 
 
 to the said business premises, for the purpose of being there exclusively
 
 398 
 
 No. 8.] THE LA WS OF BRITISH GUIANA : [ A.D. 1868. 
 
 Section Ifi, 
 
 used in the bona fide i^reparation of \or dealing with, describing the mode of dcaliny'\ 
 iind not otherwise, and there to keep and use exclusively for the purpose aforesaid, 
 spirituous liquor, the 2»articulars whei'eof are as follows : — 
 
 Kind of 
 
 Spirituous 
 
 '. jiquor. 
 
 No. 
 
 of 
 
 Gallons. 
 
 Degree 
 
 of 
 Strength. 
 
 Whether 
 coloured 
 or not. 
 
 Name 
 
 of Place 
 
 where 
 
 made. 
 
 Kind 
 
 of 
 
 Package. 
 
 No. 
 
 of 
 
 Package. 
 
 Marks 
 
 of 
 
 Package. 
 
 
 
 
 
 
 
 
 
 Dated this 
 
 day of 
 
 ,1 
 
 (Si^-ned.) 
 
 Comptroller. 
 
 Form No. 13. 
 
 Booh showing the Quantity of Rum received into the Licensed 
 Retail Spirit Shop at 
 
 Date 
 
 Wlien 
 received. 
 
 From 
 
 From 
 
 Jljirks 
 
 Number 
 
 
 Gallons 
 
 of 
 
 whom 
 
 wliat Place 
 
 on 
 
 of 
 
 Strength. 
 
 at 
 
 Permit. 
 
 purchased. 
 
 received. 
 
 Packages. 
 
 Gallons. 
 
 
 Proof. 
 
 
 
 
 
 
 
 
 
 Sc('ti<in -iri. 
 
 Form No. 14. 
 
 Rook showing the Quantity of Spirituous Liquors, other than Rain, 
 received into the Licensed Retail Spirit Shop at 
 
 When 
 received. 
 
 From whom 
 l)iirchased. 
 
 From what 
 Place received. 
 
 Mark or 
 Brand. 
 
 Kind of 
 Spirit. 
 
 StrenfTth.
 
 A.D. 1868.] COCOANUT RUM. [No. 9. 399 
 
 Form No. 15. Section 48. 
 
 British Gtiaxa. 
 
 I, Licensed Retail Spirit Dealer, \_or Agent for 
 
 Lieensed Retail Spirit Dealer] liertliy decLne that the Ruin, on 
 
 which I am now (h-sirons of payini;' duty in for the excdusivc; purpose of heing 
 
 retailed by me, \_ur him] in (luantities of not more than one quart, in my \j>r 
 his] Licensed Retail Spirit SIkjj), situate 
 
 (Signed.) 
 
 Dated this dav of , 1 
 
 Declarant. 
 
 Form No. 16. Section OO. 
 
 Order of Condemnation. 
 BuiTisH Guiana. 
 County of 
 
 Be it remembered that on the day of 1 , at 
 
 in the said Colony, the following articles, to wit, [_deiicrihc all the 
 articles seized'] were duly seized on certain premises said to be in the occupation 
 of one l^^naiiie of occupier of pretiiiins] and that \_ii<nnr of r/aifiiaiit] has claime(! 
 the said arti( les, and that such cdaim has been this day adjudicated on by me, and 
 that 1 have condcmTicd, as I do hereby condemn, [speeifi/ the articles condemned] 
 and I hereby adjudge [name of claimant] to pay to [tunne of Commissary of 
 Taxation and also of any other seizing officer trho may be a defendant, if he has 
 any costs] the sum of for costs in this behalf, and if the said sum ])e 
 
 not paid forthwith [or on or before the day of 1 ], 
 
 T adjudge the same to be levied by distress and sale of the goods and chattels 
 of [name of claimant], and, in default of suiiicient distress in that behalf, 
 1 adjudge [naine of claimant] to be imprisoned in the Gaol at 
 
 in tlu; said Colony for the space of [not to exceed two calendar months] from the 
 date of these presents. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Form No. 17. Sestion 87. 
 
 Adjudication of Forfeiture of Retail Spirit Shop Licence. 
 
 British Guiana. 
 County of 
 
 Whereas A. B., up to this date, holder of the Retail Spirit Shop Licence, 
 No. authorizing him to keeji a Retail Spirit Shop in [describe premises 
 
 (IS in Licence] has this day been convicted before and by me of an offence 
 under the Wine, etc., Licences Ordinance, 1868 ; and whereas it lias been shown 
 to me that the said A. B. has been heretofore twice convicted of offences under 
 the said Ordinance ; now, by virtue of the provisions of the said Ordinance, I do 
 hereby adjudge and declare the said Licence to be forfeited. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 ORDINANCE No. 9 OF 1868. 
 
 An Ordinance to make certain provisions relating to a.d.isgs. 
 the Sale of the Li(|uor known by the Name of ao. 13 o/ 1894, 
 Cocoanut Rum or Cocoanut Toddy. porated!'*''^' 
 
 [1st January, 1869.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of PoHcy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Cocoanut Rum Ordinance, Short title. 
 1868. 
 
 B
 
 400 
 
 No. 9.] THE LAW^ OF BRITISH GUIANA: [A.D. 1868. 
 
 Interpretation 
 of term. 
 
 Penalty on 
 person selling, 
 L'tc, CoL'oaunt 
 Hum without 
 licence. 
 
 Procedure and 
 appeal. 
 
 SeeOrdi)ia»res 
 No. l-2o;l,sy3 
 and No. 13 of 
 1893. 
 
 Dedirction 
 
 from jjroceeds 
 of tine, etc., for 
 the Reveiuxe 
 Defence Fund. 
 
 See Ordinance 
 
 No. 4 0/1868. 
 
 Protection of 
 person acting; 
 under the 
 Ordinance 
 No. 2 of 1850. 
 
 2. The liquor known by the name of Cocoanut Rum or Cocoanut 
 Toddy shall not be considered a spirituous liquor within the meaning 
 of the term " spirituous liquor," or any term intended to mean " spirit- 
 uous liquor," in any Ordinance now in force or hereafter to be in 
 force. 
 
 3.^ — (1.) Every person who sells, or offers for sale, or exchanges, 
 l)arters, or otherwise disposes of, tlie liquor known by the name of 
 Cocoanut Rum or Cocoanut Toddy, without having a licence to sell the 
 same shall be guilty of an offence, and being convicted thereof, shall be 
 liable to a pennlty not exceeding forty-eight dollars, and, in default 
 of payment of such penalty and of the costs incurred, to imprison- 
 ment, with or without hard labour, for any term not exceeding three 
 months. 
 
 (2.) Any such licence may be granted by the Commissary of Taxa- 
 tion for the Fiscal District in which the person applying for such 
 licence resides. 
 
 4. — (1.) Any male person of full age may prosecute for any offence 
 under this Ordinance. 
 
 (2.) Every charge for any such offence shall be heard and deter- 
 mined by a Stipendiary Magistrate, and all proceedings in respect of 
 any such charge shall be according to the provisions of, and shall be 
 subject to the appeal provided by, any Ordinances for the time being in 
 force regulating procedure before Stipendiary Magistrates in the exer- 
 cise of their summary jurisdiction and appeals from the decisions of 
 Stipendiary Magist rates. 
 
 5. From the amount of every penalty realized and recovered under 
 this Ordinance a sum equal to ten per cent thereof shall be deducted, 
 and shall be paid to the Receiver General or the Assistant Receiver 
 General, who shall enter the same t<) the credit of the Revenue Defence 
 Fund. 
 
 6. Every person acting under the provisions of tliis Ordinance 
 shall be entitled to the protection afforded by the Justices Protection 
 Ordinance, 1850. 
 
 1 ORDINANCE No. 32 OF 1868. 
 
 A. D. 186 8. An Ordinance to provide for the raising and the re- 
 payment of a Loan, for the purpose of Widening 
 and Deepening the Laniaha Canal. 
 
 [2nd January, 1869.] 
 
 WHEREAS at a meeting of the Honourable the Court of Policy 
 of British Guiana, combined with the Financial Representatives 
 of the Inhabitants thereof, held on the fifteenth day of September, 
 One thousand Eiglit liuiuh-od and Sixty eight, it was resolved as 
 follows : — 
 
 " That the Court approves of the scheme submitted for the purpose 
 
 ' This Ordinance was repealiHl Ijy Ordinance No. 13 of 181M, s. 2, and revived by 
 Ordinance No. 12 of 1896 8. 5.
 
 A.D. 1868.J 
 
 LAM AH A CANAL LOAN. 
 
 [No. 32. 
 
 401 
 
 " «)f widening and deepening the Lamaha Canal, and authorizes the 
 " Governor and Court of Policy to issue Bonds not exceeding ^30,000, 
 " hearing interest at six per cent, per annum, and repaya])le in fifteen 
 " ecjual annual instalments falling due annually from tlie third year 
 " after issue of the iirst bond, and the repayment of such loan with 
 " interest, to be secured in the manner set forth in the petition 
 " presented by the President and Members of the Committee of the 
 " Lamaha Fresh Water Canal ; " and whereas it had been theretofore, in 
 the petition in the foregoing Resolution referred to, proposed that the 
 said sum of Thirty Thousand Dollars should be repaid, one fourth by 
 the JNlayor and Town Council, and that the remaining three fourths 
 should be assessed by the Connnittee of the said Fresh Water Canal 
 on, and should be repaid by, the various Estates or Plantations 
 cojicerned ; and whereas the said several Estates or Plantations as 
 hereinafter enumerated, have, by Assessment f)f the said Committee, 
 been made liable in the several and respective proportions hereinafter 
 assigned to them, and whereas it is now necessary to give effect by 
 legislation to the plan for the raising and repayment of the said Loan : 
 
 Loan not 
 exceeding 
 thirty thous; 
 dollars 
 authorized. 
 
 lul 
 
 Be it therefore enacted by the Governor of British Guiana, with 
 the advice and consent of the Court of Policy thereof, as follows : — 
 
 1. The Colonial Receiver General, for and on behalf of the 
 Colony shall raise by Loan, in manner and form following, and on the 
 security hereinafter provided, a sum not exceeding Tliirty Thousand 
 Dollars and shall lend and advance the same when raised, suljject to 
 the provisions of tliis Ordinance, to the Committee of the Lamaha 
 Fresh Water Canal, who are hereby authorized and empowered to 
 borrow and receive the same, for the purpose of enabling them to 
 widen and deepen the Lamaha Fresh Water Canal in accordance with 
 the scheme above mentioned. 
 
 2. The Colonial Receiver General, for and on behalf of the Colony, Bonds may he 
 shall issue Bonds in the form annexed hereto, or as near thereto as ^^^^^Ij^lj^"' ''''^ 
 circumstances will admit, each payable to bearer for such sum as the schedule. 
 Governor shall approve, and to an amount not exceeding in the whole 
 
 Thirty Thousand Dollars, a.nd bearing interest payable half-yearly at 
 the rate of six per centum per annum ; and the amount of which Bonds 
 shall be paj^able in fifteen ecjual annual instalments falling due 
 annually from the third year after issue of the first Bond. 
 
 3. All the Colonial Revenues not specially appropriated by any Security for 
 (ordinance already in force, shall be held, and are hereby declared, to ,°i'a" revenues. 
 l)e pledged for the payment of the Interest and Principal to become 
 
 due in respect of the said Bonds. 
 
 4. In case any Bond issued under this Ordinance shall by accident Defaced Bonds 
 be defaced, the Colonial Receiver General may issue a new Bond to the "gpijjf.gjj. 
 bearer, and may cause the defaced Bond to be cancelled, and every 
 
 Bond so cancelled shall be filed, and the new Bond shall bear tlie same 
 number, date, anfl principal sum, and carry the same interest, and be 
 subject to the same rules as the Original Bond. 
 
 5 The Colonial Receiver Genei-al, on proof to his satisfaction that Lost bonds may 
 any Bond issued under this Ordinance has by accident been lost or paid^off'^u ' ^^
 
 402 
 
 No. 32.] THE LAWS OF BRITISH GUIANA : [A.D. 1868. 
 
 ovei'due, on 
 security being 
 given. 
 
 Application of 
 loan. 
 
 Provision for 
 repayment of 
 loan. 
 
 destroyed before the same shall have be n paid off, may, if the number 
 and amount of such Bond shall be ascertained, and upon being 
 furnished with due security for indemnifying the Colony for any loss to 
 which it may at any time be subjected by reason thereof, issue a new 
 Bond corresponding with the lost or destroyed Bond, or if any Bond, 
 when so lost or destroyed shall be overdue, rr ay, on being furnished 
 with such security as aforesaid, cause the money due thereupon to be 
 paid off and discharged. 
 
 6. The moneys to be raised under this Ordinance shall be lent and 
 advanced l:)y the Colonial Receiver General to the Committee of the 
 Lamaha Fresh Water Canal, for the purposes aforesaid, in such amounts 
 respectively as the Governor shall from time to time be pleased to 
 direct, and the whole amount of said loan shall be repaid to the 
 Colonial Receiver General, for and on behalf of the Colony, with 
 interest at the rate aforesaid, in nineteen years from the date of the 
 advance, in manner following, that is to say, during the first four years, 
 counting from the date of the first advance, interest shall be paid half- 
 yearly on the whole amount advanced ; and at the end of the fourth 
 year, and of each year thereafter, counting from such date, one fifteenth 
 part of the principal shall be paid ; and after the end of the fourth year, 
 interest sliall continue to be paid half-yearly, counting from the same 
 date, on the principal amount at each date of payment remaining due. 
 
 In what 
 
 7. Ihe Mayor and Town Council of G 
 
 reorget 
 
 jjroportions 
 
 Esfates and Plantations shall 
 
 be b( 
 
 J unci 
 
 to pa 
 
 repayment to 
 be made by tlie 
 Mayor and 
 Town Council, 
 
 principal and of interest as and 
 following proportions, that is to 
 
 when 
 say :- 
 
 the 
 
 same 
 
 and the 
 nlaiitatioim 
 
 The Mayor and Town Council 
 
 
 7,500 
 
 concerned. 
 
 Haags Bosch 
 
 
 
 1,094 
 
 
 Industry ... 
 Le Repentir 
 Lodge 
 
 
 
 1,005 
 404 
 24G 
 
 
 Vlissingen 
 
 
 
 197 
 
 
 Bel Air 
 
 
 
 94G 
 
 
 Eccles and Peter's Hall 
 
 
 
 1,576 
 
 
 Cuming's Lodge ... 
 
 
 
 1,369 
 
 
 Kitty ... " ... 
 La Penitence 
 
 
 
 1,251 
 2,364 
 
 
 Profit 
 
 
 
 719 
 
 
 Ptuimveldt 
 
 
 
 2,896 
 
 
 Ogle 
 
 
 
 2,148 
 
 
 Sophia 
 
 
 
 335 
 
 
 Turkeyen ... 
 Henry 
 
 
 
 798 
 719 
 
 
 Rome and Houston 
 
 
 
 3,487 
 
 
 Thomas 
 
 
 
 946 
 
 eorgetown and the following 
 ly each instalment of 
 shall fall due, in the 
 
 iThirty Thousandths. 
 
 I'referent lien 
 of the Colony. 
 
 30,000^ 
 
 8. The Colonial Receiver General, for and on belialf of the Colony, 
 shall have a prefc^rent lieii, up(m th(> property, Revenues, Rates and 
 Taxes, of the Mayor and Town Council of Georgetown, subject to any 
 existing liens thereon in favour of the Colony, for the payment of the
 
 A.D. 1868.] 
 
 LAM All A CANAL WAX. 
 
 [No. 32. 
 
 403 
 
 amount of their proportion of each instahnent, as and wlien the same 
 shall fall due, and upon ('ach of the said Plantations, suljject to any- 
 existing liens thereon in favour of the Colony, for payment of the 
 amount of its proportion of each instalment as and when the same 
 shall fall due. 
 
 9. Incase of default of payment by the Mayor and Town Council Right of 
 
 of any one or more of the amounts payable by them as aforesaid, as XowirCoimdl 
 
 and when the same shall respectively fall due, and become payable, 
 
 the Colonial Receiver General, for and on behalf of the Colony, may 
 
 proceed forthwith by parate or summary execution against the Mayor 
 
 and Town Council, and levy upon the Property, Revenues, Rates and 
 
 Taxes of the said Corporation, and recover from the sale or realization 
 
 thereof every such amount. 
 
 10. In case of default of payment by the proprietor or proprietors Right of 
 
 of any Plantation of any one or more of the amounts payable by such 'i'^°I!PQns°™ 
 
 Plantation as aforesaid, as and when the same shall respectively fall 
 
 due and become payable, the Colonial Receiver General, for and on 
 
 behalf of the Colony, may proceed by parate or summary execution 
 
 against such Plantation, and may levy on the said Plantation, c^lm 
 
 annexis, and may recover from the sale thereof every such amount due 
 
 by such Plantation. 
 
 Execution 
 against Town 
 Council and 
 plantations to 
 he separate. 
 
 Lien to con- 
 tinue until 
 payment in full 
 witli interest. 
 
 1 1 . Such parate execution shall be separate against the Mayor 
 and Town Council, and each such Plantation, in respect of any amounts 
 that may be due by them respectively. 
 
 12. Until the whole amount of the principal and interest intended 
 to be secured shall be paid to the Colonial Receiver General, the pre- 
 ferent lien hereby created in favour of the Colony, shall continue in 
 full force, and shall continue vested on each of the said Plantations 
 notwithstanding any change or changes of ownership of such Plantation, 
 whether by private, or execution or other public, sale. 
 
 13. Tu every proceeding by parate execution under this Ordin- Signature of 
 
 ance, the signature of the Colonial Receiver General for the time Receiver 
 
 being, subscribed to any document containing a statement of the statement of 
 
 amount claimed, shall, without proof of such signature, or of any amount 
 
 matter or thing, be held by all Courts sufficient prima facie proof of ^^I'^iped, pnma 
 ^.' . •' I ^ r Jacie evidence, 
 
 the amount claimed being due. 
 
 VOL. I.
 
 404 No. 32.] THE LAWS OF BRITISH GUIANA : [A.D. 1868. 
 
 SCHEDULE. 
 
 Ordinance No. 32 of 1868. .^SS^ BEITISH GUIANA. 
 
 Lamaha Loan Bond. 
 
 Section 2—" The Colonial ^^ 
 Receiver General, for and on '^^ 
 
 behalf of the Colony shall ^g^;^ ^ . , ^ ,. -yr oo * io^q 
 
 issue Bonds in the form t^&^ Issued under Ordinance ^o. 32 of 1868. 
 
 No. 
 
 annexed hereto, or as near 
 thereto as circiimstances will 
 
 admit, each payable to (t^s^ mi. n i • t x. • r^ ^ t j 
 
 bearer for such sum as the ^# , J^e Colonia Eeceiyer General for and on 
 Governor shall approve, and ^^M J^^^^ ^^ ^he Colony of British Guiana does 
 to an amount not exceeding ^Sf. hereby acknowledge to owe 
 
 in the whole Thirty Thou- #,^ <^l S*^^^^^' ^^/^^'^.^J , *°^ 
 
 sand Dollars; and "bearing ^^^, t^efy'^^^t of which at _ 
 
 interest payable half-yearly ^^1;^ «" ^^^^ ^ ^ ^, <if f . ^ ^^ ^^^^ 
 
 «+ tViP vaW «iv r,prPPTifn,Ti #^'# Interest at the rate of six per centum per annum, 
 
 at the rate of six i^er centum 
 
 per annum; and the amount ^r^. payable half-yearly, at the same place, on the 
 of which Bonds shall be-::' ^^^^ce^^i^^ i /^i • * t, . ""it T 
 
 payable in fifteen equal t>.",<V 'f ^^ ^^« ^^^^^ °* l^^^ ^"^'i' ^^^^^ surrender 
 ^ • 1 • i. 1 4.„ 4!„ii;„„ ^f?T,^ 01 the respective Interest warrants hereto 
 annual instalments, tailing -QS^d^ ii.i,ji.f/-ii-ir> iij 
 
 1 n -P ™ +V. +v„-„3 'c^iyw?S" attached : the Colonial Kevenues are pledged as 
 
 due annually irom the thu-d ^^s^ •, j ^.r, • ■ c r\ i- 
 
 year after the issue of the mP-.^ security, under the provisions of Ordinance 
 firJtBond" ^1^ ^<^- 32, of the year 1868, intituled "An 
 
 ^t^g%" Ordinance to provide for the raising and the 
 Section 3 — " AU the Col- ^c^^g^ repayment of a Loan, for the purpose of widen- 
 onial Revenues not specially ''^ |g|"^^ ing and deepening the Lamaha Canal." 
 api^ropriated by any Ordin- ^-ik-^ 
 
 ance already in force, shall r.rtU,^ Given under my hand, at the Guiana Public 
 be held, and are hereby ^csfc"^ Buildings, Georgetown, Demerai7, this day 
 declared, to be pledged for S^th^ of 18 . 
 
 
 the payment of the Interest 
 
 and Principal to beconi'' "'^'.";'^* Colonial Receiver General. 
 
 due in respect of the said ^!ii'<2s Recorded 
 
 Bonds." 'TM^t 
 
 ' Colonial Book-keeper. 
 
 COUPONS. 
 
 Issued under Ordinance No. 32 of 1868. 
 
 Lamaha Loan Bond No. . Interest "Warrant No. 
 
 The Colonial Receiver General of British Guiana will pay the bearer 
 on the day of 18 at being one 
 
 half-year's Interest on the Bond No. 
 
 Colonial Receiver General. 
 
 ORDINANCE No. 1 OF 1869. 
 
 A.D. 1869. An Ordinance for raising a loan for the construction 
 -^^ of Public Works. 
 
 [28th July, 1869.] 
 
 WHEREAS at the Annual Meeting of the Combined Coui't it was, 
 on the 28th day of May, 1869, resolved by the said Court as 
 follows : — 
 
 " 1. That, in the opinion of this Court, the funds required for public 
 works of a permanent character should be provided, during a 
 limited term of years, by means of a Loan on the security of the 
 Colonial Revenues. 
 
 " 2. That so long as such Loan shall sutHce for the purpose, the 
 votes required for the aforesaid public works shall be placed on 
 a separate Public Works Estimate to be annually framed and
 
 A.D. 1869.] 
 
 rUBLIC WORKS LOAN. 
 
 [No. 1. 
 
 405 
 
 of loan not 
 
 exceeding 
 
 $500,000. 
 
 submitted, and that no portion of such Loan shall be appro- 
 priated to the service of tiie Public Works Dejjartment without 
 the sanction of this Court to the special object intended having 
 been first ol)tained. 
 
 " 3. That the Governor and Court of Policy be authorized to cause 
 bonds to be issued to an amount not exceeding in the whole five 
 hundred thousand dollars, charged upon the Pul)lic Revenues of 
 the Colony, and redeemable, with interest thereon at six per 
 cent, per annum, in twenty-five years from the date of issue. 
 
 "4. That for the redemption of such bonds, a Sinking Fund at the 
 rate of three per cent, shall be provided for on the Annual 
 Estimates " : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Public Works Loan Ordin- Short title. 
 ance, 1869. 
 
 2. It shall be lawful for the Governor, for and on behalf of the Authorization 
 Colony to borrow ard raise by Loan upon public tender, from time to 
 time and as occasion may require, on the security hereinafter men- 
 tioned, sums of money not exceeding in the whole five hundred 
 thousand dollars ; and, so long as such Loan may suffice for the pur- 
 pose, the same shall be applied to defraying the cost of such of the 
 public works of the Colony as the Combined Court may in each year 
 decide on providing for by loan as aforesaid : Provided always that 
 the sums of money required for such of the said public works as may 
 be intended to be defrayed from the said Loan shall be placed on a 
 separate Public Works Estimate, which shall be annually framed and 
 submitted to the said Court : Provided, further, that no portion of 
 such Loan shall be appropriated to the service of the Public Works 
 Department until the sanction of the said Court to the sjDecial object 
 intended has been first obtained. 
 
 3. — (1.) It shall be lawful for the Governor, for and on behalf of the 
 Colony, from time to time and as occasion may require, to cause bonds 
 to be issued in the Form contained in the Schedule to this Ordinance, 
 or as near thereto as circumstances will admit, signed by the Govern- 
 ment Secretary and the Receiver General for the time being. 
 
 (2.) Each of such bonds shall be either for the sum of four hundred 
 and eighty dollars, or of nine hundred and sixty dollars, or of two 
 thousand four hundred dollars, or of four thousand eight hundred 
 dollars, payable to bearer at the expiration of twenty- five years after 
 date, and bearing interest at the rate of six per cent, per annum, to be 
 paid half-yearly. 
 
 4. In order to provide for the redemption of the said Loan, there 
 shall be established a Sinking Fund, as a provision for the formation 
 of which there shall be set apart from the Colonial Revenues, during 
 the like period, a sum equal to three per cent, per annum, in addition 
 to the aforesaid interest, on the amount of the bonds from time to time 
 issued under this Ordinance. 
 
 5. During the continuance of this Ordinance, all the Colonial Reve- 
 nues not specially appropriated by any Ordinance already in force shall 
 be held to be pledged for the paj^ment of the intei'est and principal 
 becoming due in respect of the bonds issued under this Ordinance. 
 
 VOL. I. 27a 
 
 Issue of bonds 
 
 for amomits 
 required. 
 
 Schedule. 
 
 Establishment 
 of Sinking Fimd 
 for redemption 
 of Loan. 
 
 Security for 
 payment of 
 interest and 
 principal.
 
 406 
 
 No. 1.] THE LAWS OF BRIT IS IT GUIANA: [A.D. 1869. 
 
 llepliicemeiit 
 of defaced 
 bond. 
 
 Replacement 
 of lost or 
 destroyed liond, 
 01 payment 
 thereof, if 
 overdue. 
 
 6. — (1.) In case any bond issued under this Ordinance is by accident 
 defaced, it shall be lawful for the Governor to cause a new bond to be 
 made and delivered to the bearer, and to cause the defaced bond to be 
 cancelled. 
 
 (2.) The new bond shall bear the same number, date, and principal 
 sum, and carry the same interest and be subject to the same rules, as 
 the original bond. 
 
 7. The Governor, on proof to his satisfaction that any bond issued 
 under this Ordinance has by accident been lost or destroyed before the 
 same has been paid ofp, may, if the number and amount of such bond 
 are ascertained and on due security being given to his satisfaction for 
 indemnifying the Colonial Government for any loss to which the said 
 Government may at any time be subjected by reason thereof, issue a new 
 bond, corresponding in all respects with the bond so lost or destroyed ; 
 or, if any bond when so lost or destroyed is overdue, the Governor may 
 cause the money due thereupon to be paid off and discharged. 
 
 Section 3, 
 
 SCHEDULE. 
 
 Form of Bond. 
 Section 3.— (1.) It shall be law- ^$f^nl% British GriANA. 
 
 Public Works Loan Bond. 
 W" Issued under Ordinance No. 1 of 1869. 
 Series No. $ 
 
 '>^rf 
 
 for the payment of which at 
 
 ful for the Governor, for and on ^.^sy 
 
 behalf of the Colony, from time ^e^y? 
 
 to time and as occasion may re- ;g^ 
 
 quire, to cause bonds to be issued ^ 
 
 in the Form contained in the Sche- ^^g; 
 
 dule to this Ordinance, or as near S^^^ 
 
 thereto as circumstances will ad- ^i^ The Undersigned, the Government 
 
 rait, signed by the Government ^^ Secretarv and the Eeceiver General of 
 
 Secretary and the Eeceiver Gene- &S,f)^ ..,!,. „ , i i u. n ,, 
 
 ral for the time being. e^g^ British Guiana, for and on behalf ot the 
 
 (2.) Each of such bonds shall be ^^^^ said Colony, do hereby acknowledge that 
 
 either for the sum of four hundred ^^ the Colony of British Guiana is indebted 
 
 and eighty dollars, or oi nine hun- '^tsaJ^ *' 
 
 dred and sixty dollars, or of two ^^ "nto or bearer, in the sum of 
 
 thousand four hundred dollars, or s^^'B^. 
 
 of four thousand eight hundred 'a^&^ i * 
 
 dollars, payable to bearer at the ^^ ""^ ^^^ ^^^ ° . ' 
 
 expiration of twenty-five years sxgsj^^ with interest at the rate of six per cent. 
 
 after date and bearing interest at ^^ annum, payable half-yearly, at the 
 
 the rate ot six per cent, per annum, -%Vi^i^^^ '■ 
 
 to be paid half-yearly. ; ; : ^ same place, on the successive 
 
 Section 4. — In order to pro- 'i^ij^'.f'y days of and next ensuing 
 
 \\A.e for the redemption of the said -QSif)^, ^i i . ^ xi,- -d i iu a 
 
 T 4.1, 1, n 1 4^ -UT 1 1 ^ ?';*'■,- the date of this Bond, on the surrender 
 
 Tjoan, there shall be established a . : ' 
 
 Sinking Fund, as a provision for ■>.".<! of the respective Interest Warrants here- 
 the formation of which there shall ^r,^:^ ^o attached, the Colonial Revenues are 
 be set ai^art from the Colonial lie- '" 'AS^'^ 
 venues, during the like period, a ^^ pledged as Security under the provisions 
 
 sura equal to three per cent, per ^^S^, of Ordinance No. 1 of the year 1869, 
 
 annum, in addition to the afore- 'e^S'^" in* /-■> t „« t -..o.v,-.,^ „ 
 
 ■ -i ■ I . 4U i. i i\, GNfiGVa entitled "An Ordinance tor raising a 
 
 s.ud interest, on the amount of the ^^^^ 
 
 bonds from time to tirae issued eWi^, Loan for the Construction of Public 
 
 under this Ordinance. 'e^®^ "Wr,7-lro " 
 
 Section o. — JJuring the con- ^^►^ 
 
 tinuance of this Ordinance, all the gxp^ Given under our hands at Georgetown, 
 
 Colonial Be venues not specially ^^ Demerara 
 appropriated ])y any Ordinance ^^^^ ' ' 
 
 already in force shall be held to ^C^ ^ 
 be pledged for th(! payment of the ^^^^' 
 interest and principal becoming ^S^^^S; 
 due in respect of the bonds issued ^^^ 
 under this Ordinance. *^S^ 
 
 Recorded. 
 
 this day of 
 
 iTOvernment Secretary. 
 Receiver General.
 
 A.D. 1869.] COXTAGIOUS DISEASE {AXIMALS). [No. 2. 
 
 407 
 
 Coupons. 
 
 Bond No. Interest Warrant No. 
 
 The Undersigned, the Government Secretary and the Receiver General of British 
 Guiana, for and on behalf of the said Colony, will pay the bearer, on the day 
 
 of 1 , at the sura of dollars, being one 
 
 half-year's Interest on their Bond No. 
 
 (Signed.) Government Secretary. 
 
 Receiver General. 
 
 ORDINANCE No. 2 OF 18f39. 
 
 A.D. 1869. 
 
 See also 
 Ordinance 
 No. 4 of 1892 
 
 An Ordinance to prohibit the Importation into this 
 Colony of Catttle sutiering from Contagious or 
 Infectious Disease. 
 
 [20th November, 1869.] 
 
 WHEREAS it is necessary to prohibit the importation into this 
 Colony of cattle suffering from contagious or infectious disease : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Contagious Diseases Short title. 
 (Animals) Ordinance, 1869. 
 
 2. It shall be lawful for the Governor, whenever it appears 1o him 
 expedient to do so, to declare, by Proclamation, any island or place to 
 be infected with the cattle disease. 
 
 Power to the 
 Governor to 
 declare place 
 infected. 
 
 3. — (1.) No bull, cow, ox, steer, heifer, or calf shall be imported into Prohibition of 
 this Colony from any island or place so declared by such Proclamation importation of 
 to be infected with the cattle disease ; and no bull, cow, ox, steer, heifer, pi.^.e^^cie^lHred 
 or calf brought from any such island or -pl&CQ shall be permitted to be infected, 
 landed in this Colony. 
 
 (2.) If any such bull, cow, ox, steer, heifer, or calf is so landed, 
 it shall thereupon be immediately slaughtered. 
 
 4. Every animal slaughtered under the provisions of the last pre- Buriid of cattle 
 ceding section shall be buried as soon as possible in its skin in some so imported, 
 proper place, and shall be covered with a sufficient quantity' of quick- 
 lime or other disinfectant and with not less than four feet of earth. 
 
 5. — (1.) It shall not be lawful to land in this Colony any carcass or Prohibition of 
 any part of the carcass, of any bull, cow, ox, steer, heifer, or calf H"'!'i!f '■''"^'*^*''®* 
 brought from any island or place which has been so declared to be imported, 
 infected with the cattle disease. 
 
 (2.) If any such carcass, or an}^ part of anj' such carcass, is so landed, 
 it shall thereupon be immediately buried with a sufficient quantity of 
 quicklime and not less than four feet of earth. 
 
 6. — (1.) Every per.son who lands or attempts to land, and every Penalty on 
 person concerned in the landing of, any bull, cow, ox, steer, heifer, or J^j."*^.|"^? cattle, 
 calf, or of any carcass, or of any part of any carcass, of any bull, cow, cattle, from
 
 408 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1869. 
 
 place declared 
 infected. 
 
 See Ordinances 
 No. 12 q/1893 
 and No. 13 of 
 1893. 
 
 Slaughter, 
 etc., of cattle 
 landed from 
 place declared 
 infected. 
 
 OX, steer, heifer, or calf, brought from any island or place which has 
 been so declared to be infected with the cattle disease shall be guilty 
 of an offence, and, being convicted thereof, shall be liabln to a penalty 
 not exceeding ninety-six dollars for each such bull, cow, ox, steer, heifer, 
 or calf, or for each such carcass or part of such carcass, which is landed 
 contrary to the provisions of this Ordinance. 
 
 (2.) 7\ny such penalty shall be recovered in a summary manner 
 before any Stipendiary Magistrate, under the provisions of any 
 Ordinances for the time being in force regulating procedure before 
 Stipendiary Magistrates in the exercisa of their summary jurisdiction 
 and "ppeils from the decisions of Stipendiary Magistrates. 
 
 7. Every Officer of Colonial Customs and every police constable shall 
 have full power to seize, destroy, and slaughter all such bulls, cows, 
 oxen, steers, heifers, or calves, and to bury the carcasses thereof, and to 
 seize and bury all such carcasses of all such bulls, cows, oxen, steers, 
 heifers, or calves, as may be landed in this Colony contrary to the pro- 
 visions of this Ordinance. 
 
 A.D. 1869. 
 
 See Ordinances 
 No. 2 of 1870, 
 No. 10/1878, 
 and No. 6 of 
 1891. 
 
 ORDINANCE No. 3 OF 1869. 
 
 An Ordinance to enable the International Ocean Tele- 
 graph Company to land, construct, and maintain 
 Telegraphs in this Colony. 
 
 [8th January, 1870.] 
 
 WHEREAS the International Ocean Telegraph Company is char- 
 tered under the Laws of the State of New York, in the United 
 States of America, for the purpose of connecting, by means of tele- 
 graphic wires and cables, the United States with the Island of Cuba 
 and other West Indian Colonies, and with the State of Panama and 
 the Sjijanisli Main ; 
 
 And whereas the said Company has applied to the Government of 
 this Colony for permission to establish, and it is expedient that it 
 should be enabled to establish, telegraphic communication between this 
 Colony and the United States by way of Havannah in the said Island 
 of Cuba ; 
 
 And whereas at a Meeting of the Combined Court held on the 26th 
 day of May, 1869, it was resolved to grant a subsidy ^ to the said Com- 
 pany during a limited term of years, subject to certain terms and con- 
 ditions, in consideration of its establishing such telegraphic commu- 
 nication as aforesaid, and of connecting this Colony with Trinidad, 
 J3arbados, Martinique, Guadeloupe, Saint Thomas, Cuba, and all other 
 West Indian Colonies, between which and the Continent of North 
 America ttlegraph communication may be established by the said 
 Company and also in consideration of their extending the line of tele- 
 graph from the City of Georgetown to the Town of New Amsterdam 
 in Jierbice : 
 
 ^ The subsidy was granted for a terra of years, which has expired.
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 
 
 409 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows ; — 
 
 1 . This Ordinance may be cited as the International Ocean Telegraph Short title. 
 Company's Ordinance, 18G9. 
 
 Inteq)retatioii 
 of terms. 
 
 2. In this Oi'dinance, — 
 
 " The Company " means the International Ocean Telegraph Com- 
 pany : 
 
 " Telegraph " means a wire or wires used for the purpose of tele- 
 graphic communication, with any casing, coating, tube, or pipe 
 enclosing the same, and any apparatus connected therewith for 
 the i)urpose of telegraphi(3 communication : 
 
 " Work " includes telegraphs and posts : 
 
 "Post" means a post, pole, standard, stay, strut, or other above- 
 ground contrivance for carrying, suspending, or supporting a 
 telegraph : 
 
 " Street " means a pultlic way situate within a city, town, or village, 
 or between lands continuously built upon on either side and 
 repaired at the public exprnse or at the expense of any municipal 
 or village rate, including the footpaths of such way, and any 
 bridge forming part thereof : 
 
 "Public road" means a public highway being required to be main- 
 tained by virtue of any Ordinance for the time being in force 
 relating to roads and bridges, 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 I'ailway or canal : 
 
 " Eailway " includes any station, work, or building connected with 
 a railway : 
 
 " Canal " includes navigation or navigable river, and any dock, 
 basin, towing path, wharf, work, or building connected with a 
 canal : 
 
 " Land " means land not being a street or public road, and not 
 being land by the side and forming part of a public I'oad, and 
 includes lands laid out for and proposed by the owner to be 
 converted into a street or public I'oad : 
 
 " Body " includes a body of trustees or commissioners, municipal 
 corporation, board, vestry, company, or society, whether incor- 
 porated or not ; and any provision referring to a body applies to 
 a person, as the case may require : 
 
 " Person " includes a corporation aggregate or sole : 
 
 " The Colonial Civil Engineer " includes any other officer whom 
 the Governor may appoint to perform or execute any of the 
 duties or powers assigned to the Colonial Civil Engineer by this 
 Ordinance : 
 
 " Stipendiary Magistrate " means any of His Majesty's Stipendiary 
 Magistrates in and for this Colony. 
 
 3. The provisions of the Companies' Clauses and Powers Consolida- lucoi-poration 
 tion Ordinance, 184G, with respect to the recovery of damages not ^,^„^^^tm^ents. 
 specially provided for and of penalties, and to the determination of any ^,^^ ^ ^ ^ ^^^^^ 
 other matter referred to Justices, shall, so far as the same are applic- 
 able and except so far as the same are inconsistent with any express
 
 410 
 
 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1869. 
 
 provision of this Ordinance, be incorporated with this Ordinance ; and 
 terms used in those provisions shall be interpreted as the same terms 
 are directed to be interpreted in this Ordinance. 
 
 Procediu'e. 
 No. 1 of 1846. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 Appeal. 
 
 See Ordinance 
 Ao. 13 0/1893. 
 
 Provision as 
 to notices and 
 consents. 
 
 Power to the 
 Company to 
 hold lands. 
 
 Now No. 21 of 
 1898. 
 
 4. All things in the Companies' Clauses and Powers Consolidation 
 Ordinance, 1846, authorized or required to be done by two Justices 
 may be done by one Stipendiary Magistrate, and the procedure shall 
 be, as near as may be, according to the mode provided by any Ordinance 
 for the time being in force regulating procedure before Stipendiary 
 Magistrates in the exercise of their summary jurisdiction. 
 
 5. Every conviction or order of a Stipendiary Magistrate in respect 
 of any penalty, damages, or sum of money incurred under or by virtue 
 of this Ordinance shall be subject to the appeal provided by any 
 Ordinance for the time being in force regulating appeals from the 
 decisions of Stipendiaiy Magistrates. 
 
 6. The following provisions shaU apply to notices and consents 
 under this Ordinance : — 
 
 (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 Company, or a body having the control 
 of a street or public road or of the sewerage or drainage there- 
 under, may be given to or by the agent, attorney, manager, secre- 
 tary, clerk, or surveyor or other like officer, if any, of the Com- 
 pany or of such body, as the case may be ; and 
 
 (3.) Any consent may be given on such pecuniary or other terms or 
 conditions (being in themselves lawful) or subject to such stipula- 
 tions 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 woi-k, as the person 
 or body giving the consent thinks fit. 
 
 7. The Company, for the purposes of its undertaking, may hold 
 lands and other immovable property in this Colony in the same manner 
 to all intents and purposes as if such Company had been incorporated 
 in this Colony under the Companies Ordinance, 1864. 
 
 Proof of incor- 
 poration of the 
 Company. 
 
 Execution and 
 proof of deed 
 made by the 
 Company out 
 of the Colony. 
 
 Proof of Incorporation and Execution of Deeds. 
 
 8. The Company may deliver to the Registrar of the Counties of 
 Demerara and Essequebo, to be recorded by him, a copy of the articles 
 of association of the Company, purporting to be certified as a true copy 
 under the signature and seal of the officer in whose office the original 
 articles of association may purport to be registered or filed ; and such 
 copy duly recorded, or any office copy thereof certified by such Regis- 
 trar shall be sufficient evidence in this Colony of the due incorporation 
 of the Company. 
 
 9^ — (1.) Any deed of the Company which maybe executed out of 
 this Colony, Ijut which may be required to be used in evidence in this 
 Colony, shall be executed under the common seal of the Company, and 
 shall be recorded in this Colony in the Registrar's Office aforesaid. 
 
 (2.) The execution of such deed, and that the seal affixed thereto 
 is the common seal of the Company, and that the same was affixed 
 thereto by the authority of the Board of Directors of the Company
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 411 
 
 and in conformity with the articles of association of the Company, and 
 the signatui-e to such deed of the Secretary or other officer by whom 
 sucli S(;al may have been affixed, may be proved l)y tlie affidavit or 
 solemn declaration of the Secretary or other officer affixing such seal 
 sworn or made l^efore any Notary Public, Justice of the Peace, Mayor, 
 or other Chief Officer of any City, Town, or Borough, or before any 
 British Consul or Vice-Consul. 
 
 10. Every instrument made in this Colony on behalf of the Com- Execution of 
 
 pany, and executed in the presence of two witnesses under the hand of "j^^^^^^i'^ 
 
 any person empowered by deed or letter of attorney under the common Company 
 
 seal of the Company, either generally or in respect of any specified "ithin the 
 matter, as its attorney or agent to execute deeds on its behalf in this " ""^' 
 Colony, shall be binding on the Company, and have the same effect as 
 if it were under the common seal of the Company. 
 
 11. — (1.) Any attorney or agent of the Company in this Colony (Granting and 
 may accept and receive, for and on behalf of the Company (if thereto eonveyanets of 
 duly empowered by the Company), any grant, licence, lease, transport, innaovable 
 or other conveyance of land or other immovable property in this pioperty, etc. 
 Colony authorized to be received by the Company under the provi- 
 sions of this Ordinance, and may also mortgage and encumber the sime 
 or any part thereof (if thereto duly empowered by the Company). 
 
 (2.) In all legal proceedings by the Company in this Colony, the 
 power ad litem shall be signed by the attorney or agent of the Com- 
 pany for the time being. 
 
 Landing and wo7'king of Telegraphs. 
 
 12. — (1.) For the purpose of enabling the Company to establish tele- Powei- to land 
 graphic communication between this Colony and the United States of -I'ld work 
 America, by way of Havannah, and connecting this Colony with Trini- ® egiapis. 
 dad, Barbados, Martinique, Guadeloupe, Saint Thomas, Cuba, and all 
 other West Indian Colonies, between which and the Continent of North 
 America the Company may establish telegraphic communication, the 
 Company may, subject to the restrictions and provisions hereinafter 
 contained, lay, construct, land, maintain, and work telegraphs under, in, 
 upon, over, along, or across any of the waters, shores, or lands of this 
 Colony, provided that a plan of the intended works of the Company 
 shall have been first submitted by it to, and approved by the Governor- 
 in-Council. 
 
 (2.) As regards any part of the foreshore or bed of the sea within 
 the territorial limits of the Colony, the Company shall be bound to 
 obtain a licence of occupancy from the Governor, which licence shall 
 not restrict further than the nature of the case requires the grant of 
 like privileges to other appUcants, and shall be limited to specified points 
 of the coast only, and shall reserve a nominal rent, and shall be subject 
 to forfeiture in the event of the Compaiiy failing to lay, construct, 
 land, maintain, or work the said telegraphs. 
 
 Extension of Line to Neiv Amsterdam. 
 
 13. — (1.) In consideration of the said subsidy, and of the privileges OhliKation on 
 extended to the Company by this Ordinance, the Company shall be ^'^^*g^^°™|']"^g 
 bound, at its own expense, to extend the line of telegraph from George- t„ j^^^, 
 
 Amsterdam.
 
 412 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1869. 
 
 town to New AmsLerdam, withiu a reasonaljle time to be fixed, and 
 subject to a plan to be approved, by the Governor-in-Council and 
 thereafter to maintain such hne n efficient working order. 
 
 (2.) The rates to be charged by the Company for the transmission 
 of messages along the said line between Georgetown and New Amster- 
 dam, and also between this Colony and Surinam or Cayenne (in case 
 of the extension of the line to either such Colony), shall not exceed 
 the rates limited by section 52. 
 
 Use of streets 
 and public 
 roads, and 
 rivers and 
 waters, of the 
 Colony, under 
 certain 
 conditions. 
 
 General 
 description of 
 ^vorks which 
 the Company 
 may execute, 
 subject to the 
 restrictions of 
 the Ordinance. 
 
 General Powers of the Comjyany. 
 
 14. Subject to the restrictions and provisions of this Ordinance, the 
 Company shall be allowed the gratuitous use of the streets of George- 
 town and New Amsterdam, and of the public roads, rivers, and waters 
 of the Colony, which may be required to be used by the Company for 
 the purposes of their undertaking in accordance with the plans re- 
 ferred to in sections 12 and 13 : Provided that any work of the Com- 
 pany in, under, upon, over, along, or across any public street of George- 
 town or New Amsterdam must be execu'ed subject to the superin- 
 tendence and approval of the Major and Town Council of such City or 
 Town ; and that any such work in, under, upon, over, along, or across 
 any public road or river of the Colony, or the shore or bed of any tidal 
 water, must be executed subject to the approval of the Colonial Civil 
 Engineer. 
 
 15. Subject to the restrictions and provisions of this Ordinance, the 
 Company may execute works as follows : — 
 
 (1.) It may place and maintain a telegraph under any street or 
 public road, and may alter or remove the same; 
 
 (2.) It may place and maintain a telegraph over, along or across any 
 street or public road, and place and maintain posts in or upon any 
 street or public road, and may alter or remove the same ; 
 
 (3.) It may, for the purposes aforesaid, open or bi-eak up any street 
 or public road, and alter the position thereunder of any pipe (not 
 being a main) for the supply of water or gas ; and 
 
 (4.) It may place and maintain a telegraph and posts under, in, upon, 
 over, along, or across any land or Ijuilding, 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 Company shall not be deemed to acquire 
 any right other than that of the user only in the soil of any street or 
 public road under, in, upon, over, along, or across which it may place 
 any work. 
 
 Provisions as to 16. In the exercise of the powers given in the last preceding section, 
 compensation, the Company shall do as little damage as may be, and shall make full 
 compensation to all bodies and persons interested for all damage sus- 
 tained by them by reason or in consecitience of the exercise of such 
 j)()\vers, the amount and application of such compensation to be deter- 
 mined in manner provided by the Companies' Clauses and Powers Con- 
 Ko. 1 of 1846. solidation Ordinance, 1846, for the determination of the amount and 
 application of compensation for lands taken and injuriously affected.
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 413 
 
 17. — (1.) lu the exercise of the aforesaid powers, the Company shall Provision as to 
 also be subject to the following restrictions : — ph^es" ^'^ ^^ 
 
 (a.) It shall cause as little detriment or inconvenience as circum- 
 stances admit to the body or person to or by whom any pipe 
 for the supply of water or gas belongs or is used ; 
 
 (6.) Before it alters the position of any such pipe, it shall give 
 to the body to whom the same belongs notice of its intention 
 to do so, specifying the time at which it will begin to do so, 
 such notice to be given twenty-four hours at least before the 
 commencement of the wox'k for effecting such alteration ; 
 
 (c.) The Company shall not execute such work except under the 
 superintendence of the body to whom such pipe belongs, un- 
 less such body refuses or neglects to give such superintend- 
 ence at the time specified in the notice for the commencement 
 of the work, or discontinues the same during the work ; and 
 the Company shall execute such work to the reasonable satis- 
 faction of such body ; and 
 
 (d.) The Company hhall pay all reasonable expenses to which such 
 body may be put on account of such superintendence. 
 
 (2.) The body to whom any such pipe belongs may, when and as 
 occasion requires, alter the position of any work of the Company already 
 constructed or to be hereafter constructed, under, in, or upon a street or 
 public road on the same conditions as are by the last preceding and 
 present sections imposed on the Company in relation to such a body, 
 mutatis midaiidis. 
 
 Telegraphs under Streets and Public Roads. 
 
 18. Every underground tube or pipe of the (company shall be so Marking of 
 
 marked as to distinguish it from tubes or pipes of every other Com- underground 
 
 ■^ r r J tubes and pipes, 
 
 pany. 
 
 19. Where the Company places a telegraph along, across, or over any Telegraph 
 street or public road, it shall not place it so low as to stop, hinder, or across street 
 interfere with the passage for any purpose whatsoever along the street °^ ^'" 
 
 or public road. 
 
 Works affecting Streets and Public Roads, 
 
 20. In the following cases, that is to say, — Removal of 
 
 (1.) If any part of the Company's works is abandoned or suffered to in case of ' 
 fall into decay ; or aiiandonment 
 
 (2.) If the Company is dissolved, or ceases for six months to carry ^'lereof. 
 on business, 
 the body having the control of any street or public road, or the owner of 
 any land or building affected, in the former case by such part of the 
 Company's works as aforesaid, or, in the latter case, by any of the 
 Company's works, may give notice to the; Company, or leave a notice at 
 the last known office or place of business of the Company, to the effect 
 that, if such works as are specified in the notice are not removed within 
 one month after the notice given or left, the same will be removed by 
 the body having such control or by such owner ; and in every such 
 case, unless such works are removed accordingly, the body having such
 
 414 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1869. 
 
 control or such owner may, without prejudice to any remedy against 
 the Company, remove such works, or any part thereof, and sell the 
 materials thereof, or of any part thereof, and, out of the proceeds of 
 such sale, reimburse themselves their expenses relative to such notice, 
 removal, and sale, and consequent thereon (rendering the overplus, if 
 any, to the Company), and may recover any unpaid residue of such 
 expenses from the Comjjany. 
 
 Eemoval of 
 works in event 
 of alteration of 
 street or public 
 road. 
 
 21. In case the body having the control of any street or public road 
 at any time hereafter resolves to alter the line or level of an} portion of 
 such street or road under, in, upon, over, along, or across which any work 
 of the Company, constructed either before or after the commencement 
 of this Ordinance, is placed, the Company shall from time to time be 
 bound, on re-^eiving one month's notice of such intended alteration, and 
 at its own expense, to I'emove such work, and to replace the same in 
 such position and manner in all respects as may be required by such 
 body, or, in the event of difference between such body and the Company, 
 in such position and manner in all respects as may be determined by 
 the Governor-in-Council, 
 
 Restrictions of 
 right to open 
 streets and 
 public roads. 
 
 Kestoration 
 and repair of 
 streets and 
 public roads 
 opened. 
 
 0'peni7ig of Streets and Public Roads. 
 
 22. Where the Company proceed to open or break up a street or 
 public road, the following provisions shall have effect : — 
 
 (1.) The Company shall give to the bodies having control of the 
 street or public road notice of its intention to open or break up 
 such street or public road, specifying the time at which it will 
 liegin to do so, such notice to be given, in the case of an under- 
 ground work, ten days at least, and, in the case of an aboveground 
 work, five 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 commencement 
 thereof ; 
 
 (2.) The Company shall not (except m case of emergency) open or 
 break up any street or public road, except under the superintend- 
 ence of the bodies to whom respectively notice is by the present 
 section required to be given, unless such bodies respectively refuse 
 or neglect to give such superintendence at the time specified in the 
 notice for the commencement of the work, or discontinue the same 
 during the work ; and 
 
 (3.) The Company shall pay all reasonable expenses to which such 
 bodies respectively may be put on account of such superintendence. 
 
 23. 
 
 public 
 to say, 
 
 — (1.) After the Company has ojiened or broken up a street or 
 road, it shall be under the following further obligations, that is 
 
 (a.) It shall, with all convenient speed, complete the work on 
 account of which it opened or broke up the same, and fill in 
 tlie ground and make good the surface, and generally restore 
 the street or pu])lic road to as good a condition as that in 
 which it was before being opened or broken up, and carry 
 away all rul)bish occasioned thereby ; 
 
 (//.) It shall in the meantime cause the place where the street 
 or public road is open or broken up to be fenced and watched, 
 and to be properly lighted at night ; and
 
 A.D. 1869.1 INTERNATIONAL OCEAN TF.LEGRAP II. [No. 3. 
 
 415 
 
 (r-.) It shall pay all reasonable expenses of keeping the street 
 or puV)lic road in good repair for six months after the same is 
 restored, so far as such expenses may he increased by such 
 opening or breaking up. 
 
 (2.) If the Company fails to comply in any respect with the pro- 
 visions of this section, it shall for every such offence (without prejudice 
 to the I'ight of any person to enforce specific performance of the 
 requirements of this Ordinance, or to any other remedy against the 
 Company) be lialjle to a penalty not exceeding ninety-six dollars, and 
 to a further penalty, not exceeding twenty-four dollars, for each day 
 during which anj^ such failure continues after the first day when such 
 penalty was adjudged. 
 
 24. Whenever the permanent surface or soil of any street or public Power to street 
 road is broken up or opened b}^ the Company, it shall be lawful for the °^' P"^j1i*:' ™'*'^ 
 body having the control of the street or road, in case they think it ex- execute works 
 pedifent to do so, to fill in the ground, and to make good the pavement and charge 
 or surface or soil so broken up or opened, and to carry away ttie rubbish expenses to 
 occasioned thereby, instead of permitting such work to be done by the 
 Company ; and the costs and expenses of filling in such ground, and of 
 making good the pavement or soil so broken up or opened, shall be 
 repaid, on demand, to the body having the control of the street or road 
 by the Company, and, in default thereof, may be recovered by the body 
 having the control of the street or road from the Company, as a penalty 
 is or may be recoverable from the Company. 
 
 25. — (1.) The Company shall not stop or impede traffic in any street Restrictions or 
 or public road, further than is necessary for the proper execution of ""ti^fffi^^*^*^ 
 its works. 
 
 (2.) The Company 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, it shall not occupy with its works at one time more than fifty 
 yards in length of the one-third thereof, except with the special consent 
 of the body having the control thereof. 
 
 Works affecting Crown or Private Projyerty. 
 
 26. The Company 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, or place any work under, in, upon, 
 over, along, or across any land or building, except with the previous 
 consent in every case of the owner, lessee, and occupier of such land 
 or building, which consent, in case of any land or building belonging 
 to or enjoyed by His Majesty in right of the Crown, or belonging to the 
 Colony, may be given by the Governor on behalf of His Majesty or the 
 Colony : Provided always that, with respect to lands and buildings 
 situate within the limits of Georgetown or New Amsterdam, the con- 
 sent of the Mayor and Town Council shall be sufficient authority for 
 the Company, without any further consent, except as to any land or 
 building belonging to or enjoyed by His Majesty in right of the Crown 
 or belonging to the Colony, to place and maintain a telegraph, over, 
 along, or across any building adjoining to or near the street, and within 
 
 Works affecting 
 
 Crown 
 
 property.
 
 416 
 
 No. 3.] THE LA TF,9 OF BRITISH GUIANA : [A.D. 1869. 
 
 the limits of Georgetown and New Amsterdam, or over, along, or across 
 any land, not being laid out as building land, or not being a garden or 
 pleasure ground, adjoining to or near the street, and situate within the 
 same limits, subject, nevertheless, to the following provisions, that is 
 to say,— 
 
 (1.) Twenty-one days at least before the Company proceeds to place 
 a telegraph by virtue of the authority so conferred, it shall pub- 
 lish in The Official Gazette a notice stating it has obtained the con- 
 sent of such body as aforesaid, and describing the intended course 
 of such telegraph ; 
 
 (2.) Where the Company by virtue of the authority so conferred, 
 places a telegraph directly over any dwelling house, it shall not 
 place it at a less height above the roof thereof than six feet, if the 
 owner, lessee, or occupier thereof objects to the placing of it at a 
 less height ; 
 
 (3.) If at any time the owner, lessee, or occupier of any building or 
 land adjoining to a building, directly over which building or land 
 the Company, by virtue of the authority so conferred, places a 
 telegraph, desires to raise the building to a greater height, or to 
 extend it over such land, the Company shall increase the height or 
 otherwise alter the position of the telegraph so that the same may 
 not interfere with the raising or extension of the building, within 
 fourteen days after receiving from the owner, lessee, or occupier a 
 notice of his intention to raise or extend the building, or, in case 
 of difference between the Company and the owner, lessee, or occu- 
 pier as to his intention, then within fourteen days after receiving 
 a certificate signed by a Stipendiary Magistrate, certifying that 
 he is satisfied of the intention of the owner, lessee, or occupier to 
 raise or extend the building ; and 
 
 (4.) The Company shall make full compensation to the owner, lessee, 
 and occupier of any land or building, over, along, or across which 
 the Company, by virtue of the authority so conferred, places a tele- 
 graph and which may be shown to be in any respect prejudicially 
 aff"ected thereby, the amount of such compensation to be deter- 
 mined in manner provided by the Companies' Clauses and Powers 
 Consolidation Ordinance, 1846, for the determination of the amount 
 of compensation with respect to lands injuriously affected. 
 
 No. 1 of 1846. 
 
 Placing of 
 telegraphs 
 above gi'ound 
 and of jjosts 
 within certain 
 distance of 
 dwelling- 
 houses. 
 
 Provided also that the consent of any person occupying as a tenant 
 from year to year only shall not be required, nor shall any person so 
 occupying be entitled to such compensation as aforesaid. 
 
 27. Subject and without prejudice to the preceding provisions, the 
 Company shall not place a telegraph above ground, or a post, within 
 ten yards of a dwelling-house, or place a telegraph above ground 
 across an avenue or approach to a dwelling-house, except subject and 
 according to the following restrictions and provisions, that is to say, — 
 
 (1.) The Company shall in each such case obtain the consent of the 
 occupier, if any, of such dwelling-house, and, if there is no occu- 
 pier, 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 ; 
 
 (3.) On the termination of the occupation of any occupier, the lessee 
 or owner entitled to possession, if he did not consent to the placing
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 
 
 417 
 
 Pulilication of 
 notices of 
 intended 
 telegraph. 
 
 of the telegraph or post, may give notice to the Company tViat he 
 requires it to be i-enioved ; and the Company shall remove the same 
 accordingly within one month after receiving such notice ; and 
 (4.) If any question arises between a lessee or owner and the Com- 
 pany as to such reiuoval or the time or mode thereof, the same 
 shall be referred to the determination of a Stipendiary jMagistrate, 
 and the Stipendiary ^Magistrate may give such directions as to such 
 removal, and the time and mode thereof, as may seem reasonable, 
 and may impose on the Company for not carrying such direction 
 into effect such penalty, not exceeding twenty-four dollars a day, 
 as may seem just. 
 
 28. Before the Company proceeds to place a telegraph over, along, 
 or across a street (not being a street in Georgetown or New Amsterdam), 
 or a public road, or to place posts in or upon a street (not being such 
 a street as aforesaid), or a public road, it shall publish a notice stating 
 that it has obtained the consent in that behalf of th'i body having the 
 control of the street or public road, and describing the intended course 
 of the telegraph — 
 
 (1.) By affixing such notice on some conspicuous places by the side 
 
 of the part of the street or road affected, at distances of not more 
 
 than one mile apart ; 
 (2.) By leaving such notice at every dwelling-house fronting on the 
 
 part of the street or road affected, and being within fifty feet 
 
 thereof ; and 
 (3.) By inserting such notice once at least in each of two successive 
 
 weeks in The Official Gazette ; 
 
 and the Company shall not so place any such telegraph or post until 
 the expiration of twenty-one days from the last publication of such 
 notice. 
 
 29. At any time during such twenty-one days the owner, lessee, or Eight of owner 
 occupier of any land or building adjoining to either side of such street or ocoupier of 
 or road may give to the Company notice of his objection to the or buUdhig''to 
 intended works as prejudicially affecting such land or building, and object. 
 
 send to the Colonial Civil Engineer a copy of his notice of objection. 
 
 30. Until such objection is settled, or is determined in manner Stay of works 
 hereinafter provided, the Company shall not execute that part of the ^"itU objection 
 intended works to which the objection relates 
 
 31. As soon as may be after the receipt of such copy of notice of Examination 
 objection, the Colonial Civil Engineer shall (unless the difference be- obj^ection"^ ''^ 
 tween the Company and the person objecting is arranged) make inquiry 
 
 and examination, and shall report the same in writing to the Goveruor- 
 in-Council. 
 
 Powers of the 
 Govenior-iii- 
 Coimcil on 
 
 32. On considering any such report, the Governor in-Council — 
 
 (1.) May allow the objection wholly or in part; or 
 
 (2.) May authorize the Company to proceed, with its works, subject report m? 
 to the provisions of this Ordinance, according to its published objection, 
 notice, paying to the owner, lessee, or occupier objecting full 
 compensation (the amount thereof to be determined in case of 
 difference by the Governor-in-Council) for any damage done to 
 him ; or
 
 418 
 
 No. 3.] THE LA^yS OF BRITISH GUIANA : [A.D. 1869. 
 
 (3.) May authorize the Company to so 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 as to 
 any other thing connected with or relative to any work, as the 
 Governor-in-Council thinks fit ; or 
 
 (4.) May authorize the Company to so proceed, subject to any such 
 modification of any intended work as the Governor-in-Council 
 prescribes ; but so that in that case such notice and opportunity of 
 objecting and being heard as the Governor-in-Council directs shall 
 be given to any owner, lessee, or occupier whom such modification 
 may affect. 
 
 Finality of 33. The determination of the Governor-in-Council on the matter of 
 
 determination. ^^^^ anch objection shall be final and conclusive. 
 
 Costs. 
 
 34. The Governor-in-Council may allow to any owner, lessee, or 
 occupier so objecting such costs as seem just, to be paid by the 
 Company. 
 
 Works affecting Lands or Buildings. 
 
 Right of owmer, 35. — (1.) Where at any time the Company has constructed any 
 
 for building or work under, in, upon, over, along, or across an}' land or building, and 
 
 other puiiioses, ^^^ owner, lessee, or occupier of such land or building, or other person 
 
 removal of having any interest in such land or building, desires to build upon or 
 
 works. 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 Company, and with which the continuance of such work would 
 
 interfere, then and in every such case the following provisions shall 
 
 have effect, that is to say, — ■ 
 
 («.) Such owner, lessee, occupier, or other person interested 
 may give to the Company 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 Company to 
 remove or alter its work so that the same may not interfere 
 therewith : 
 
 (J).) Within fourteen days after the receipt of such notice, or 
 in case of difference between the Company and the person 
 giving the same as to his intention, then within fourteen 
 days after the receipt of a certiBcate, signed by a Stipendiary 
 Magistrate, 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 
 referred to the determination of the Magistrate so certifying,) 
 the Company shall remove or alter its work so that the same 
 shall not interfere with such intended building, enclosure, 
 improvement, alteration, or other use of the land or building ; 
 and 
 
 (c.) When such certificate is required by the Company, the costs 
 thereof, when obtained, shall be paid by the Company to the 
 person giving the notice.
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 419 
 
 (2.) Nothing in this section shall empower any person to obtain 
 the removal or alteration of an\' work contrary to the terms of any 
 grant or consent in writing made or given by him, or by any person 
 thi'ough whom he takes his estate or interest. 
 
 Works affect'inij Railways and Canals. 
 
 36. The Company shall not place anjf^ work under, in, upon, over, piacinf,' of 
 along, or across any railway or canal, except with the consent of the works afleiting 
 proprietors or lessees, or of the directors or persons having the con- ™il^^">'^' ^*'-"- 
 trol, thereof ; but this provision shall not restrict the Company from 
 placing any work (subject and according to the other provisions of 
 this Ordinance) under, in, upon, over, along, or across any street 
 or public road, although such street or public road may cross or be 
 crossed by a railway or canal, so that such work does not damage tlie 
 railwaj^ or caiial, or interfere witli the use, alteration, or impi'ovemont 
 thereof. 
 
 37. — (1.) If at anytime after the Company has placed any work Access from 
 under, in, upon, over, along, or across any canal, any person having f^tui'e docks to 
 power to construct docks, basins, or other works upon any land "^""'^ ^' 
 adjoining to or near such canal constructs any dock, basin, or work 
 on such land, but is prevented by the Company's work from forming 
 a communication for the convenient passage of vessels with or without 
 masts between such dock, basin, or other work and such canal ; or if 
 the business of such dock, basin, or other work is interfered M'ith liy 
 reason or in consequence of any such work of the Company, then the 
 Company, at the request of such person, and on having reasonaljle 
 facilities afforded it by him for placing a telegraph round such df)ck, 
 basin, or other work, under, in, upon, over, along, or across land 
 behmging to or under his control, shall remove and place its work 
 accordingly. 
 
 (2.) If any dispute arises between the Company and such person 
 as to the facilities to be afforded to the Company, or as to the direction 
 in which the telegraph is to be placed, it shall be determined by the 
 Governor-in-Council. 
 
 Appointment of Arbitrator. 
 
 38. — (1.) If, in any case where the matter is hereinbefore authorized Power to the 
 or directed to be determined by the Governor-in-Council, it appears to Govemor-m- 
 
 i.u rt • /^ •! 1 T p • n Council in an V 
 
 tne 'c;overnor-ni-Uouncil to be expedient, tor convenience of local case to appoint 
 investigation or for any other reason, that the matter should be deter- ail'itrator. 
 mined by an ai'ljitrator, the Governor-in-Council may, notwithstanding 
 anything hereinbefore contained and whether the Governor-in-Council 
 has entered on the investigation or not, refer the matter to some 
 competent and impartial person as arbitrator. 
 
 (2.) With respect to the matter so referred any such arbitrator 
 shall have the like authority and jurisdiction as the Governor-in-Council 
 has under this Ordinance, and his determination shall have the same 
 effect as a determination of the Governor-in-Council under this 
 Ordinance. 
 
 (3.) The reasonable expenses and remuneration of the arbitrator 
 (to be settled in case of difference by the Governor-in-Counoil) shall be 
 paid by the Company. 
 
 VOL. I. 28
 
 420 No. 3.] THE LAWS OF BRITISH GUIANA: [A.D. 1869. 
 
 Placing of 
 works on sea 
 shore. 
 
 Submission for 
 approval of plan 
 of such works. 
 
 Lights and 
 signals for 
 such works. 
 
 Power of the 
 Governor as to 
 such works, if 
 disused, etc. 
 
 Recoveiy of 
 expenses of 
 act done at 
 expense of the 
 Company 
 
 Works affecting Sea Shore. 
 
 39. The Company shall not place any work under, in, upon, over, 
 along, or across any estuary or branch of the sea, or the shore or bed 
 of any tidal water within the limits of the Colony, except with the 
 consent of all persons and bodies having any right of property or other 
 right, or any power, jurisdiction or authority in, over, or relating to the 
 same, which may be affected or be liable to be affected by the exercise 
 of the powers of the Company, which consent, where His Majesty in 
 rio;ht of the Crown, or the Government of the Colony, is interested, 
 may be given, on behalf of His Majesty or the said Government by 
 the Governor, in writing signed by him. 
 
 40. — (1.) Before commencing the construction of any such work as 
 last aforesaid, or of any buoy or sea mark connected therewith, except 
 in cases of emergency for repairs to any work previously constructed 
 or laid, and then as speedily after the commencement of such works as 
 may be, the Company shall deposit at the Office of the Government 
 Secretary a plan thereof, for the approval of the Governor-in- 
 Council. 
 
 (2.) The work shall not be constructed otherwise than in accord- 
 ance with such approval. 
 
 (3.) If any work is constructed contrary to this provision, the 
 Colonial Civil Engineer may, at the expense of the Company abate, 
 and remove it, or any part of it, and restore the site thereof to its 
 former condition. 
 
 41. The Company may, in or about the construction, maintenance, 
 or repair of any such work, use, on board ship or elsewhere, any light 
 or signal allowed by any regulation to be made in that behalf by the 
 Governor-in-Council, and published in The Official Gazette. 
 
 42. If any such work, buoy, or sea mark is abandoned or suffered to 
 fall into decay, the Colonial Civil Engineer may, if and as the Governor 
 thinks fit, at the expense of the Company, either repair or restore it or 
 abate and remove it, or any part of it, and restore the site thereof to 
 its former condition. 
 
 43. Whenever the Governor-in-Council, under the authority of this 
 Ordinance, do or order to be done, in relation to any such work, any 
 act or thing which they are by this Ordinance authorized to do at the 
 expense of the Company, the amount of such expenses shall be a debt 
 due to the Crown from the Company, and shall be recoverable as such, 
 with costs, or the same may be recovered, with costs, as a penalty is 
 or may be recoverable from the Company. 
 
 Rule as to 
 teleoraph being 
 open for all 
 messages with- 
 out preference, 
 subject to 
 leases. 
 
 Maintenance of 
 Telegrapli 
 Stations in 
 
 General Obligations and Liabilities of the Company and its Servants. 
 
 44. Every telegraph of the Company shah be open for the mes- 
 sages of all persons alike, without favour or preference ; and all 
 such messages shall be forwarded in the order of their receipt ; but 
 this provision shall not prejudicially affect the operation of any lease 
 or agreement authorized by this Ordinance. 
 
 45. — (1.) Telegraph Stations shall be duly maintained in Georgetown 
 and New Amsterdam.
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 
 
 421 
 
 (2.) The Company's Offices shall be open for the use of the public 
 daily, fcom seven o'clock in the morning until five o'clock in the after- 
 noc>n of every day, except on Sundays and holidays, when the same 
 shall be opened during such hours as tlie Governor-in-Council may from 
 time to time appoint ; and the said Offices shall also be open at all 
 times for the use of the Government of the Colony for the transmission 
 of messages on the public service in cases of emergency. 
 
 46. The Company sliall be answerable for all accidents, damages, 
 and injuries happening through the act or default of the Company, or 
 of any person in its employment, by reason or in consequence of any 
 of the Company's works, and shall save harmless all bodies having the 
 control of streets or public roads, cullectively and individually, and 
 their officers and servants, from all damages and costs in respect of 
 such accidents and injuries. 
 
 47. The Compuny shall not sell, transfer, or lease its undertaking 
 or works, or any part thereof, in this Colony to any other Company or 
 to any persons, except with the consent of the Governor-in-Council, 
 previously ol^tained for such sale, transfer, or lease ; but this provision 
 shall not restrict the making or carrying into effect by the Company of 
 any arrangement with any person for providing any work for his 
 private use only. 
 
 Georgetown 
 and Xew 
 Aiiisterdain, 
 and opening of 
 oflicfs. 
 
 Responsiljility 
 of the Company 
 for damages. 
 
 Proliiliition of 
 sale, etc., of 
 undertaking, 
 except witli 
 consent of the 
 Govenior-in- 
 Council. 
 
 Office of the 
 Conii)any and 
 service of 
 documents. 
 Now No. 21 of 
 1898. 
 
 48. — (1.) The Company, before exercising any power for the con- Registered 
 struction of works or the opening or breaking up of streets or public 
 roads in any part of the Colony, shall give to the Registrar of Joint 
 Stock Companies under the Companies Ordinance, 1864, notice of the 
 situation of some Office where notices may be served on the Company 
 within the Colony ; and the Company shall from time to time give to 
 such Registrar notice of any change in the situation of such Office. 
 
 (2.) Every such notice shall be recorded by the R.egistrar, and the 
 record thereof may be inspected from time to time by any person. 
 
 (3.) The delivery at the Office of which notice is so given of any 
 notice, writ, summons, citation or other document addressed to the 
 Company shall, for the purposes of the Ordinance, and for all other 
 purposes, be deemed good service on the Company. 
 
 (4.) The Company shall, on giving each notice to the Registrar 
 under this section, pay such fee as is payable under the last-mentioned 
 Ordinance on registration of any document by that Ordinance required 
 or authorized to be registered, other than a memorandum of association ; 
 and every person inspecting the record of such notice with the Registrar 
 shall pay such fee as is for the time being payable under the last- 
 mentioned Ordinance for inspection of documents kept by the Registrar 
 under that Ordinance. 
 
 49. If any person in the employment of the Company in this Colony 
 wilfully or negligently omits or delays to transmit or deliver any 
 message ; or, l)y any wilful or negligent 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 for every 
 such offence be liable to a penalty not exceeding ninety-six dollars. 
 
 50. — (1.) Nothing in this Ordinance shall relieve the Company from Saving for 
 
 being subject to any restrictions, regulations, or provisions which may effect of future 
 
 hereafter be made by any general Act of Parliament or any general ^^^^^'^^t'"^"*^' 
 ^OL. I. 28a 
 
 Punishment of 
 officer of the 
 Company for 
 misconduct 
 respecting 
 messages.
 
 422 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1869. 
 
 Prohibition of 
 acquisition by 
 tlie Coiupiuiy 
 of exclusive 
 privileges in 
 Panama. 
 
 Ordinance of this Colony respecting telegraphs or telegrapliic com- 
 panies or their charges. 
 
 (2.) The Company shall not be entitled to make any claim or 
 assert any right in respect of its enterprise so far as it is carried on 
 within this Colony which could not be legally made or asserted ])y it, 
 if it had consisted of British subjects or had been of British domicile ; 
 and it shall be subject to the judicature of the Colony. 
 
 51. — (1.) The Company shall not acquire any exclusive right or 
 ]irivilege in Panama in respect of any telegraphic line connecting that 
 Province with British Territory. 
 
 (2.) In case the Company shall at any time hereafter acquire any 
 such exclusive right or privilege in Panama, the subsidy and all and 
 singular the rights and privileges granted to the Company by this 
 Ordinance shall thereupon absolutely cease, determine, and become null 
 and void. 
 
 Bates of Charges. 
 
 Prices to be 
 charged for 
 transmitting 
 messages. 
 
 52. — (1.) The prices to be charged by the Company for transmitting 
 messages on the line between Havannah and this Colony shall not 
 exceed the following rates, that is to say, — for each message containing 
 twenty words, including address and signature, one cent per English 
 mile for any distance exceeding four hundred and fifty miles, and one 
 cent and three-tenths of a cent per English mile for any distance not 
 exceeding four hundred and fifty miles, and for every additional word 
 exceeding twenty, there shall be paid a further sum of one-twentieth of 
 the aforesaid rates. 
 
 (2.) The Company may, with the consent of the Governor-in- 
 Council, alter the number of words fixed for a single message, provided 
 that the proportional rate for each additional word remains unaltered. 
 
 (3.) With respect to places more distant than Havannah, the Com- 
 pany shall charge only the same rates as those charged by the several 
 telegraphic lines whose co-operation will be required for the trans- 
 mission of messages to places which are not on the Company's lines. 
 
 Priority of 
 messages of 
 the Cok)nial 
 Goveninient. 
 
 Power to the 
 Colonial 
 Government, 
 in case of 
 emergency, to 
 take possession 
 of the Com- 
 pany's works 
 and lines. 
 
 Poivers of the Colonial Government over the Company. 
 
 53. All messages of the Government of the Colony shall be secured 
 priority over private messages, and the said Government shall have 
 the full right of inspection at all times, to ascertain whether such 
 priority is duly observed ; and whenever the Governor requires the 
 Company to transmit any messages on the public service, the Company 
 shall, as soon as reasonably may be, transmit the same, and shall, uiitil 
 transmission thereof, suspend the transmission of all other messages 
 from this Colony. 
 
 54. — (!•) Where, in the opinion of the Governor, an emergency has 
 arisen in which it is expedient for the public service that the Colonial 
 Government should have control over the transmission of m» ssages ])y 
 the Company's telegraph, the Governor may, l^y warrant uiider his 
 hand, direct and cause the Company's works and lines, or any part 
 thereof in this Colony, to be taken j)()ssessi()n of in the name and on 
 behalf of His Majesty, and to be used for His Majesty's service, and, 
 subject thereto, for such ordinary service as may seam fit ; or may
 
 A.D. 1869.] INTERNATIONAL OCEAN TELEGRAPH. [No. 3. 423 
 
 direct and authorize such persons as he thinks fit to assume the control 
 of the transmission of messages by the Compan3''s telegraphs, either 
 wholly or partly, or in such manner as he directs. 
 
 (2.) Any such warrant shall not have effect for a longer time than 
 one week from the issuing thereof ; but the Governor may issue 
 successive warrants from week to week, so long as in his opinion such 
 emergency continues. 
 
 (3.) The Receiver General shall, on the warrant of the Governor, 
 pay to the Company as compensation for any loss of profit sustained by 
 the Company by reason of the exercise by the Governor of any of the 
 powers of the present article, out of the public revenues of the 
 Colony, such sum as may be settled between the Government of the 
 Colony and the Company by agreement, or, in case of difference, by 
 arbitration. 
 
 (4.) Such arbitration shall be conducted as follows, that is to 
 say,— 
 
 {a.) The Governor and the Company shall each, within fourteen 
 days after the delivery by one to the other of a demand, in 
 writing, for an arbitration, nominate an ai'bitrator ; 
 
 {h.) The two arbitrators nominated shall, before entering on the 
 arbiti'ation, nominate an um})ire ; 
 
 (c) If either party or arbitrator makes default in nominaling 
 an arbitrator or umpire within fourteen days after receiving 
 from the other a demand in writing for such nomination, the 
 Chief Justice of this Colony may, on the request of the 
 Governor or of the said Company, under his hand, nominate 
 an arbitrator or umpire ; 
 
 (d.) The arbitrators shall make their award within twenty- 
 eight days after their nomination, otherwise the matter shall 
 be left to be determined by the umpire ; and 
 
 (e.) The umpire shall make his award within twenty-eight days 
 after notice from the ar})itrators, or one of them, that the 
 matter is left to be detertnined by him ; or, on default, a new 
 umpire shall be appointed as nearly as may be in manner 
 aforesaid, who shall make his award within the like time, or 
 in default be superseded, and so toties quoiies. 
 
 (5.) The award of the arbitrators or umpire shall be final and 
 conclusive, as between the Governor and the Company. 
 
 55.- -(1.) Where it appears to the Governor that any provision of Prot-eedin^s 
 this Ordinance has not been complied with on the part of the Com- ii^ainst the 
 pany, and that it would be for the public advantage that compliance ^"T'!';'."-y *" 
 therewith should bo enforced, the Attorney General, by direction of jiiianee with 
 the Governor, may, by such civil or criminal proceeding as the case tl^e Oidiuauce. 
 may require, enforce compliance with such provision, by the recovery 
 of penalties or otherwise according to law. 
 
 (2.) No such proceeding shall be taken by the Attorney General 
 until the expiration of twenty-one days after he has given notice to the 
 Company of his intention to take the same. 
 
 (3.) This provision shall be deemed to be cumulative and to be 
 without jarejudice to any other remedy or process against the Company 
 on the part of His Majesty or of any person or body.
 
 424 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1870. 
 
 OEDINANCE No. 1 OF 1870. 
 
 A.D. 1870. 
 
 — ♦ — 
 
 Short title. 
 
 Penalty foi" 
 allowiiif,' refuse 
 matter or lees 
 to flow into 
 canal, etc., so 
 as to be a 
 nuisance or 
 injurious to 
 health. 
 
 Penalty for 
 allowing refuse 
 matter or lees 
 to flow into 
 trencli, etc., 
 so as to he 
 injurious to 
 healtli. 
 
 Additional 
 jiciiiiUies for 
 contintiancc of 
 nuisance. 
 
 An Ordinance to prohilMt the Refuse Matter from 
 Distilleries on Plantations from being allowed 
 to flow into the open Trenches, and for other 
 pm'poses. 
 
 [1st October, 1870.] 
 
 WHEREAS it appears from the Report of certain Commissioners 
 appointed to inquire and report on the practice of allowing 
 the refuse matter from distilleries, commonly called lees, and 
 other impurities, to flow into and remain in the open trenches of plan- 
 tations, and that the said practice is prejudicial to the public health, 
 and ought not to be allowed to continue ; 
 
 And whereas it is expedient that the said practice should be pro- 
 hibited : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows*: — 
 
 1. This Ordinance may be cited as the Lees Ordinance, 1870. 
 
 2. The owner of any plantation who at any time causes or sulfei's 
 to be brought or to flow into any canal, trench, or drain on such plan- 
 tation any refuse matter, lees, or other impurity produced in the dis- 
 tillation of rum, whereby the water in any such canal, trench, or drain 
 becomes so foul as to be a nuisance or injvu'ious to health, shall be guilty 
 of an offence, and, being convicted thereof, shall be liable to a penalty 
 not exceeding two hundred dollars. 
 
 3. The owner of any plantation who at any time causes or suffers 
 to be brought or to flow into any jjond, reservoir, or swamp on or in 
 the vicinity of such plantation any refuse matter or lees produced in 
 the distillation of rum, whereby any offensive effluvium injurious to 
 health is caused, shall be guilty of an offence, and, being convicted 
 thereof, shall be liable to a penalty not exceeding two hundred dollars : 
 Provided always that it shall be lawful for any such owner to form a 
 reservoir or pond, and allow the said refuse matter or lees to flow into 
 and remain therein, in such exceptional localities as may be approved 
 of and sanctioned l>y the Governor-in-Council, and on the said owner 
 obtaining from the Governor a licence of authority to do so, which said 
 licence shall not remain in force for more than twelve months from the 
 date thereof ; but any such licence may be renewed from time to time 
 by the Governor. 
 
 4. In addition to the said penalties the owner of any such planta- 
 tion so offending shall be liable to a further penalty (to be recovered 
 in the like manner) of not more than twenty-five dollars for each day 
 during which the water in any such canal, trench, or drain is so foul 
 as to be a nuisance or injurious to health, or during which such ofl'en- 
 sive effluvium so continues, after such owner has been convicted of 
 such offence, exclusive of the day on which such conviction takes 
 place.
 
 A.D. 1870.] 
 
 LEES. 
 
 [No. 1. 
 
 425 
 
 5. All complaiuts and informations for anything done contrary to 
 tho provisions of this Ordinance shall be preferred and laid l<y the 
 Inspector General or an Inspector of Police, or by a District Corands- 
 sary of Taxation, before a Stipendiary Magistrate ; and every Stipen- 
 diary Magistrate shall have full jurisdiction, power, and authority to 
 hear, determine, and adjudicate on every such complaint or information 
 and to impose such penalty under the provisions of this Ordinance as to 
 him may seem meet, according to the form of procedure, and subject 
 to the appeal, provided by any Ordinances for the time being in force 
 regulating procedure before Stipendiary Magistrates in the exercise of 
 their summary jurisdiction and appeals from the decisions of Stipen- 
 diary Magistrates : Provided always that no prosecution for any 
 ofience under this Ordinance shall be commenced without the written 
 authority of the Attorney General. 
 
 6. — (1.) If, after hearing any such complaint or information, the 
 Stipendiary Magistrate considers that the offence charged has been 
 proved, he shall proceed to convict, and to order the payment forth- 
 with of such penalty, together with the costs of the complaint or 
 information. 
 
 (2.) Unless such penalty and costs are forthwith paid, the Stipen- 
 diary Magistrate shall thereupon furnish to the person prosecuting a 
 fair copy of the compluint or information and his adjudication thereon, 
 certified under his hand, and the party prosecuting shall then lodge 
 the same with the Receiver General or the Assistant Receiver General. 
 (3.) The amount of such penalty, together with all costs, shall 
 thereupon be recoverable by the Receiver General or the Assistant 
 Receiver General, for the public use of the Colony, by summary execu- 
 tion against the plantation named in the complaint or information 
 and adjudication : Provided always that if an appeal is made, all 
 proceedings in execution shall be stayed until such appeal has been 
 finally disposed of. 
 
 7. No appeal made by any person convicted under the provisions of 
 this Ordinance shall be allowed or entertained in the Supreme Court in 
 any case in which the Stipendiary Magistrate has imposed a penalty, 
 unless the amount of such penalty and costs is deposited with the 
 Receiver General or the Assistant Receiver General within ten days 
 after such person has been so convicted, together with fifty dollars 
 for costs. 
 
 8. Whenever in any complaint made or information laid, or in any 
 proceedings whatever, under this Ordinance for the recovery of any 
 penalty or otherwise, it is necessary to mention or refer to the owner 
 or owners of any plantation, it shall be sufficient to designate him, 
 or the persons owning such plantation, as the '"owner " of such plan- 
 tation, without name or names, or further description ; and it shall not 
 be necessary in any such proceeding to prove who the owner or owners 
 of such plantation so proceeded against really is or are. 
 
 9. All summonses, summations, and notices in appeal and in proceed- 
 ings under this Ordinance to or requiring to be served on the owner of 
 any plantation may be served either on the person in chai-ge or having 
 the actual management of such plantation, or by affixing the same to 
 some prominent part of the principal building or dwelling-house on 
 such plantation. 
 
 Proceediii<;» for 
 contravention 
 of tlie 
 Ordinance. 
 
 iSreOrdinanves 
 No. 12 f»/lH93 
 and No. V6 of 
 1«'J3. 
 
 Recovery of 
 penalty and 
 costs. 
 
 Depositing; of 
 penalty and 
 costs in case 
 of appeal. 
 
 Proceedings 
 may be ajjninst 
 " owner " of 
 plantation. 
 
 Service of 
 siunnions, etc.
 
 426 
 
 •No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1870. 
 
 A.D 
 
 .1870. 
 
 SeeOrdinances 
 No. 3 of 18fi9, 
 No. 1 of 187S, 
 and No. 6 of 
 1891. 
 
 No. 3 of 1869. 
 
 ORDINANCE No. 2 OF 1870. 
 
 An Ordinance to transfer to the West India and 
 Panama Telegraph Company, Limited, the Rights 
 and Privileges heretofore granted to the Inter- 
 national Ocean Telegraph Company. 
 
 [16th April, 1870.] 
 
 WHEREAS by the International Ocean Telegraph Company's 
 Ordinance, 1869, certain rights and privileges were granted to 
 the International Ocean Telegraph Company, subject to the 
 terms and conditions therein expressed ; 
 
 And whereas the said International Ocean Telegraph Company has 
 transferred all its rights and privileges to the West India and Panama 
 Telegraph Company, Limited ; 
 
 And whereas the Governor and Court of Policy have consented to 
 such transfer : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Sliort title. 
 
 Transfer of 
 certain 
 
 statutory riglits 
 and privileges 
 to the ^^'.I. and 
 P. Telegraph 
 Company, 
 Limited. 
 No. 3 of 1869. 
 
 Transfer of cer- 
 tain statutoiy 
 obligations 
 to the said 
 Company. 
 
 Application 
 of statutory 
 provisions to 
 the said 
 Company 
 
 1. This Ordinance may be cited as the West India and Panama 
 Telegraj^h Company, Limited, Ordinance, 1870. 
 
 2. All the rights and privileges granted to the International Ocean 
 Telegraph Company by the International Ocean Telegraph Company's 
 Ordinance, 1869, shall be and are hereby transferred to the West 
 India and Panama. Telegraph Company, Limited, subject to the same 
 terms and conditions as are in the said Ordinance expressed. 
 
 3. The West India and Panama Telegraph Company, Limited, shall 
 be liable to all the obligations imposed by the said Ordinance on the 
 International Ocean Telegraph Company. 
 
 4. All the provisions of the said Oi'dinance with respect to 
 International Ocean Telegra})h Company shall apply to the West I 
 and Panama Telegraph Company, Limited. 
 
 the 
 India
 
 A.D. 1870. 
 
 PROMISSOR Y OA TIIS. 
 
 [No. 4. 
 
 427 
 
 ORDINxiNCE No. 4 OF 1870. 
 
 Ax Ordinance to ainciid and make uniform tlie Pro- a.d. isto. 
 mis>sory Oaths i'e(|iiii'ed to be taken as a (^ualifica- onUnaiu-,' 
 tion for the Exercise and Enjoyment of OlHces and fn^'^^l^'-IJ^i} 
 other Civil llights in this Colony. 
 
 [•20th July, 1870.] 
 
 WHEREAS it is expedient to amend and make unifoDu tlie several 
 promissory oaths now rci[uired to be taken by different classes 
 of His Majesty's subjects, as a qualification for the exercise 
 and enjoyment of offices, franchises, and civil inghts in this Colony : 
 
 Be it therefore enacted by the Governor of British Guiana with the 
 advice and consent of the Coui't of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Promissory Oaths Ordinance, Short title. 
 1870. 
 
 2. The oath in this Ordinance referred to as the Oath of Allegiance Fonn of Oath 
 shall be in the form following, that is to say, — °^ Allegiance. 
 
 " I, do swear that I will be faithful and bear true allegiance 
 
 to His Majesty King Edward the Seventh, His Heirs and Successors, according 
 to law. — So help me God." 
 
 3. The oath in this Ordinance referred to as the Official Oath shall Form of Oath 
 be in the form following, that is to say, — °^ Office. 
 
 " I, do swear that I will well and truly serve His Majesty 
 
 King Edward the Seventh in the office of . — So help me God." 
 
 4. 1 he oath in this Ordinance referred to as the Judicial Oath shall Form of 
 
 be in ihe form following, that is to say, — Judicial Oath. 
 
 " I, do swear that I will well aud truly serve Our Sovereign 
 
 Lord King Edward the Seventh in the office of 
 
 and I will 
 
 do right to all manner of people after the Laws and Usages in force in this 
 Colony, without fear or favour, affection or ill-will. — So help me God." 
 
 5. Where in any oath under this Ordinance the name of His present Name of 
 Majesty is expressed, the name of the Sovereign of the Realm for the Sovereign in 
 
 time being shall be substituted from time to time. 
 
 oath. 
 
 6. When an oath is required to be taken under this Ordinance, every when affirma- 
 person for the time being by law permitted to make a solemn affirma- *»"» f^i" 
 
 tion or declaration instead of faking an oath may, instead of taking b^ substituted 
 
 such oath, make a solemn atfirmation in tlie form of the oath iierel)y for oath, 
 appointed, substituting the words "solemnly, sincerely, and truly 
 declare and aflirm " for the word " swear," and omitting the words " So 
 help me God." 
 
 7. The Oath of Allegiance only shall be taken by aliens on Oath to ho 
 naturalization, and such oath shall be in the form in this Ordinance alien'on 
 
 set forth. naturalization.
 
 428 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1870. 
 
 Officers to take 
 Oath of Alle- 
 giance and 
 Official Oath. 
 Schedule : 
 First Part. 
 
 Officers to take 
 Oath of Alle- 
 giance and 
 Judicial Oath. 
 Schedule : 
 Second Part. 
 
 Case of officer 
 reiiuired to 
 take oath 
 declining or 
 neglecting 
 to do so. 
 
 8. The Oath of Allegiance and the Official Oath shall be tendered 
 to, and taken by, each of the officers named in the First Part of the 
 Schedule to this Ordinance, as soon as may be after his acceptance of 
 office. 
 
 9. The Oath of Allegiance and the Judicial Oath shall be taken by 
 each of the officers named in the Second Part of the Schedule to this 
 Ordinance, as soon as may be after his acceptance of office. 
 
 10. If any officer specified in the Schedule to this Ordinance declines 
 or neglects, when any oath required to be taken by him under this 
 Ordinance is duly tendered to him, to take such oath, he sh dl, if he 
 has already entered on his office, vacate the same, and if he has not 
 entered on the same, he shall be disqualified fi'om entering on the same ; 
 but no person shall be compelled, in respect of the same appointment 
 to the same office, to take such oath or make such affirmation more 
 times than one. 
 
 Form of oath 
 of iixecutive 
 Councillor. 
 
 Form of oath 
 to he taken 
 hy Clerk to the 
 Executive 
 Council. 
 
 1 1 . The following oath shall be taken by every person appointed to 
 be a member of the Executive Council of this Colony, as soon as may 
 be after his acceptance of office and before exercising any of the func- 
 tions thei'eof : — 
 
 " I, being chosen and admitted of His Majesty's Executive Council 
 
 in British G\iiana, do swear that I will, to the best of my judgment, at all times 
 when thereto required, freely give my counsel and ad\'ice to the Governor, 
 Lieutenant Governor, or Officer administering the Government of the said 
 Colony for the time being, for the good management of the public affairs 
 thereof ; that I will not, directly or indirectly, reveal such matters as shall be 
 debated in Council and committed to my secrecy, but that I will in all things 
 be a true and faithful Councillor. — So held me God." 
 
 12. The following oath shall Ije taken by every officer appointed to 
 exercise the functions of Clerk to the Executive Council of this Colony 
 before entering on the duties of his office : — 
 
 " I, being appointed to exercise the functions of Clerk to His 
 
 Majesty's Executive Council in British Guiana, do swear that I will not, 
 directly or indirectly, reveal such matters as shall be debated in Council 
 and committed to my secrecy.- -So help me God." 
 
 1 3. Nothing in this Ordinance shall affect the oaths required to be 
 taken by members of the Court of Policy, Financial Representatives, 
 officers of the Militia, or any other persons, not being officers in the 
 ])ublic service of His Majesty, who may be required by any law to 
 take an oath : Provided that when the Oath of Allegiance is required 
 to be taken, the form of sucli oath suliscril)ed by this Ordinance shall 
 be substituted for the form of the Oath of Allegiance heretofore 
 recjuired to be taken. 
 
 Saving as to 14. No officer mentioned in the Schedule to this Ordinance who has 
 
 officers hereto- been heretofore ap[)oinl(!d, and who has already taken such oath or 
 and sworn oaths as may have been heretofore required to be taken on his appoint- 
 
 ment, shall be required to take any oath under this Ordinance. 
 
 Saving as to 
 oaths required 
 to he taken 
 by certaiji 
 persons.
 
 A.D. 1871.] CIVIL LIST ESTABLISHMENT. [No. 1. 429 
 
 SCHEDULE. 
 
 Lists of Offkkus uEQriREn to take Oaths. 
 
 First Part. Section 8. 
 
 Tlic Attorney General. 
 
 The King's Advocate in Admiralty. 
 
 The Solicitor General. 
 
 The Crown Solicitor. 
 
 The (iovernment Secretary. 
 
 1'he Assis^tant Government Secretary. 
 
 The Auditor General. 
 
 The Receiver General. 
 
 The Assistant Receiver General. 
 
 The Comptroller of Customs. 
 
 1'he Suh-ComptroUer of Customs. 
 
 The Supervisor of Aid- Waiters. 
 
 The Inspector General of Police. 
 
 The Inspectors of Police. 
 
 The Superintendent of the Penal Settlement. 
 
 The Colonial Civil Engineer. 
 
 The Registrar of Court. 
 
 The Crown Surveyor. 
 
 The Revenue Officeis. 
 
 Second Part. Section 9. 
 
 The Chief Justice. 
 
 The Puisne Judges. 
 
 The Judge of the Court of Vice- Admiralty. 
 
 The Justices of the Peace. 
 
 OEDINANCE No. 1 OF 1871. 
 
 An Ordinance to provide for the Levying of certain Ad a. d. i87 i. 
 Valorem Duties during the Existence of a Civil List * 
 
 Estabhshment in this Colony. 
 
 W 
 
 [13th September, 1871.] 
 
 HEREAS it is necessary to make provision for the maintenance 
 of a Civil List Establishment, for so long as the same may be 
 in existence in this Colonj'^ : 
 
 Be it therefore enacted by the Governor of British Guiana, with 
 the advice and consent of the Combined Court thereof, as follows : — 
 
 1. Whenever, during the existence of the present or any future Civil Power during 
 List Establishment in this Colony, no provision other than the present p^esg*iT^^!'^
 
 430 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1871. 
 
 future Civil i<^ made by the Colony for the payment of the amount payable in sup- 
 in' defauU of' P'^^'^ thereof, there shall be raised, levied, and collected a tax or duty of 
 other provision, four dollars on every one hundred dollars of the value of all goods, 
 four per cent. wares, and merchandise whatever imported into this Colony, and not 
 duty on im- entered for exportation ; and the proceeds of such tax shall be 
 poris, and applical)le, first to the payment of such amount, and afterwards to any 
 
 proceeds'^" ' <jther purposes to which the Colonial Revenues are properly applicable : 
 thereof. Provided that whenever and so long as other sutficient provision is 
 
 made by the Colony for such payment, the operation of this Ordinance 
 
 shall remain and be susjjended. 
 
 OEDINANCE No. 1 OF 1872. 
 
 A.D. 1872. An Ordinance to provide for the Safe Keeping of 
 * Petroleum and other Dangerous Goods, ^ 
 
 [13th July, 1872.] 
 
 WHEREAS it is expedient to provide for the safe keeping of 
 petroleum and its products, as well as other substances of a 
 specially dangerous nature : 
 
 Be it therefore enacted by the Governor of British Guiana, with 
 the advice and consent of the Court of Policy thereof, as follows : — 
 
 Sliort title. 1. This Ordinance may be cited as the Petroleum Ordinance, 1872. 
 
 Power to the 2. — (1.) The Govemor-in-Council may, l)y proclamation to be pub- 
 
 Coundrto" lished in The Official Gazette, declare that any goods named in any 
 declare what sucli Proclamation are to be deemed specially dangerous within the 
 goods are to be meaning of this Ordinance, and may fix what quantities thereof may 
 gerous, etc. ^"^ kept as hereinfter provided, and may also prohibit the importa- 
 tion or the keeping of such goods when of a certain degree of 
 inflammability, and may from time to time, in like manner, amend or 
 cancel any such Proclamation, and issue any new Proclamation. 
 
 (2.) Any goods which are by any such Proclamation declared 
 to be specially dangerous shall, so long as such Proclamation is in 
 force, ]«■, deemed to be specially dangerous within the meaning of 
 this Ordinance. 
 
 (3.) Such Proclamation shall, so far as may be practicable, state 
 the test or tests applicable to such goods, and the degree of inflamma- 
 bility which will render it unlawful to import or to keep such goods, 
 and shall also state by what persons tests shall be applied. 
 
 Ajiiiointnient 3. — (1.) The Governor-in-Council may from time to time, by Procla- 
 
 nf magazines mation, ai)point magazines for the storage of specially dangerous goods 
 for storage of .,.,^^ -j^i-z-^t 
 
 dangerous withm the nieanmg or this Ordinaace. 
 
 «f">ds. (2.) There shall be paid on such goods kept therein such storage 
 
 ^ 'J his Ordinance is repealed by the Explosives Ordinance, 1889, so far as relates 
 to explosives as defined hy that Ordiuaneo.
 
 A.D. 1872.] 
 
 VETROLEVM. 
 
 [No. 1. 
 
 431 
 
 Koocls. 
 
 rent as may from time to time be fixed by any Tax Ordinance for the 
 time l^eing in force. 
 
 4. — (1.) All goods proclaimed to l)e of a specially dangerous nature Landinj;, etc., 
 ■within the meaning of this Ordinance which may be introduced into <>f (luii-ieroiis 
 this Colony shall be landed as directed by Pi'oclamation, and be stored 
 in such magazines as may l)e provided for that purpose. (Amd. G of 
 1904, s. 3.)' 
 
 (2.) All such goods not so landed and stored shall be seized, and, 
 on such seizure, shall become forfeited ; and all such goods so introduced, 
 if they are of such a degree (jf inflammability as to render their impor- 
 tation unlawful, shall be seized, and, on such seizure, shall become! for- 
 feited : Provided that all goods seized under this section may be claimed 
 b}' the owner, or the agent of the owner, within fourteen days from the 
 date of the seizure. 
 
 5. — (1.) The Governor-in-Council may, by Proclamation, fix the 
 quantity of specially dangerous goods to be kept on any premises for sale, 
 and also to be kept on any private premises. 
 
 (2.) Every pers(m who keeps on any such premises respectively 
 an}^ larger quantity than is allowed by Proclamation shall be liable to 
 a penalty not exceeding fifty dollars, and, on conviction in any such 
 penalty, all such goods shall, without any other process, become forfeited. 
 
 6. All persons who at the time of the issuing of any such Proclama- 
 tion, may have on their premises any quantity of specially dangerous 
 goods greater than by such Proclamation is allowed to be kept thereon, 
 shall at once cause the excess to be removed to a magazine ajjpointed 
 for the storage of specially dangerous goods ; and any such excess 
 found on any premises after seven da3's from the issuing of such 
 Proclamation shall be liable to seizure, and, on such seizure, shall be 
 forfeited, unless claimed within fourteen days from the date of the 
 seizure : Provided that all goods seized under this section may be 
 claimed by the owner, or the agent of the owner, within fourteen days 
 from the date of the seizure. 
 
 7. — (1.) All persons who, at the time of the issuing of any such 
 Proclamation, have on their premises any dangerous goods of such a 
 degree of inflammability as makes it unlawful to keep the same shall 
 make declaration thereof to the Comptroller of Customs, and shall be 
 at liberty to export the same under the supervision of the Comptroller. 
 (2.) Any person who does not make such declaration and exporta- 
 tion, within seven days from the issuing of such Proclamation, shall be 
 liable to a penalty not exceeding one hundred dollars, and, on his con- 
 viction in such penalty, the goods shall, without any other process, be 
 forfeited : Provided that if, in the opinion of the Comptroller, such ex- 
 portation within such period is impracticable, the Comptroller shall be 
 at liberty to cause the same to be stored, at the exi:)ense of the owner, 
 in some magazine for the i*eception of dangerous goods ; and the owner 
 shall be bound to export the same within one month from the date of 
 the same being so stored, on pain of tlie same becoming forfeited. 
 
 8. It shall be lawful for any Inspector of Police or District Commis- 
 sary of Taxation, or for any person authorized in writing b}^ such 
 Inspector or Commissaiy, at all reasonable times to insjiect and test 
 all specially dangerous goods kept, offered, or exposed for sale ; and if, 
 upon such inspection and test, any description of such goods is found 
 
 Fixiiii,' of 
 quantity of 
 danjjerous 
 goods to be 
 kept on 
 premises. 
 
 Removal of 
 dangerous 
 goods to maga- 
 zine after 
 Proclamation. 
 
 Mode of deal- 
 uig with 
 dangerous 
 goods prohi- 
 bited to be 
 kept. 
 
 Power to 
 Inspector of 
 Police or Dis- 
 trict Commis- 
 sary of Taxa- 
 tion to inspect 
 and test
 
 432 
 
 No. 1.] THE LAW^ OF BRITISH GUIANA: [A.D. 1872. 
 
 dangerous 
 goods. 
 
 Power to enter 
 and search 
 premises for 
 dangerous 
 goods. 
 
 Disposal of 
 forfeited goods. 
 
 Penalty for 
 ol)Striii-ting, 
 etc., person 
 authorized to 
 enter and 
 search. 
 
 Making, 
 hearing, and 
 detennination 
 
 kept, offered, or exposed for sale as aforesaid contrary to the provisions 
 of this Ordinance or of any Proclamation issued in pursuance hereof, 
 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 may have been found shall be liable to a penalty not exceeding 
 fifty dollars ; and, on his conviction in such penalty, the goods shall, 
 without other process, become forfeited : Provided always that any 
 such last-mentioned person may, at the time of trial, have a portion of 
 the sam^ile retained as aforesaid tested by someone having competent 
 chemical knowledge, who shall give evidence of the result of such test ; 
 and if such person is 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 : Provided, also, that 
 all goods seized under this section may l)e claimed by the owner, or 
 the agent of the owner, within fourteen days from the date of the 
 seizure. 
 
 9. If any Officer of Customs, Inspector of Police, District Commis- 
 sary of Taxation, police officer, or constable knows, or has reasonable 
 cause to suspect, that any specially dangerous goods within the mean- 
 ing of this Ordinance are illegally kept on any premises, then and in 
 such case, upon oath made by such Officer of Customs, Inspector of 
 Police, District Commissary of Taxation, police officer, or constable 
 before any Stipendiary Magistrate of the fact of such knowledge or 
 such cause of suspicion, such Magistrate may, by warrant under his 
 hand, authorize such Officer of Customs, Inspector of Police, District 
 Commissary of Taxation, police officer, or constable, with or without 
 assistance, to enter into and search the premises wherein he knows or 
 suspects such goods to be kept, and to seize the same ; and the owner 
 or person in possession of the premises on which the same are found 
 shall be liable to a penalty not exceeding fifty dollars ; and, on his 
 conviction in such penalty, such goods shall, without other process, 
 become forfeited : Provided that all goods seized under this section 
 may be claimed by the owner, or the agent of the owner, within 
 fourteen days from the date of the seizure. 
 
 10. — (1.) All goods forfeited for being of a degree of inflammability 
 which renders their importation or keeping unlawful shall be 
 destroyed. 
 
 (2.) All 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 advertisement for two weeks 
 in 71ie Oj/icial Gazefte and one newspaper ])ulilished in the Colony. 
 
 1 1 . Every person who, by refusing to open any door which it is 
 legally in his power to open, or in any other way, obstructs, or who in 
 any waj molests, opposes, hinders, or impedes, any person authorized 
 under this Ordinance to enter any premises or vessel, and there to 
 search or otherwise ascertain whether there has been any breach of 
 this Ordinance, or who removes, throws away, or destroys, or causes 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, 
 sliall be liable to a penalty not exceeding five hundred dollars. 
 
 12.— (1.) Every claim allowed to be made for goods seized under 
 this Ordinance must state in what way such seizure is averred to be
 
 A.D. 1872.] 
 
 TRUST MONEYS OF SEE. 
 
 [No. 2. 
 
 433 
 
 illegal, and shall be heard and determined by any Stipendiar}' Magis- of claim for 
 trate whomsoever, according to the provisions of, and shall be subject """^'' seized. 
 to the appeal respectively provided by, any Ordinances for the time 
 being in force regulating procedure l)efore Stipendiary Magistrates '*>'«« Ordi- 
 in the exercise of their summary jurisdiction and appeals from the "^'V'ono''^"' /^ 
 decisions of Stipendiary Magistrates. JVo. 1.Vo/ih<J3. 
 
 (2 ) If the claimant is unsuccessful, he shall be condemned in costs ; 
 but the person seizing shall in no case be condemned in costs unless 
 the Court which decides the case, certifies that there was no probable 
 cause for seizure. 
 
 13. All penalties under this Ordinance, whatever their amount, shall Procedure and 
 be sued for and recovered under the provisions of, and subject to the "PPeal. 
 appeal fespectively provided by, the Ordinances referred to in the last 
 preceding section, before any Stipendiary Magistrate whomsoever. 
 
 14. Whenever there area claim and a proceeding for a penalty, both DonLle jn-o- 
 relating to the same matter, they shall be heai-d and determincvl by '^et'diiigs. 
 the same Magistrate. 
 
 15. All persons acting under the provisions of this Ordinance shall Protection of 
 be entitled to the protection afforded by the Justices Protection pei«on aeting 
 Ordinance, 1850. "JJ^Lnce. 
 
 No. 2 of 1850 
 
 ORDINANCE No. 2 OF 1872. 
 
 An Ordinance to vest in Trustees certain Moneys a.d. 1872. 
 voted for the See of Guiana. * 
 
 [7tli August, 1872.] 
 
 WHEREAS at a Meeting of the Combined Court held on the 28th 
 day of May, 1872, there was granted for the purpose of 
 providing for an episcopal residence for the Bishop of Guiana 
 the sum of twelve thousand dollars ; 
 
 And whereas it is desirable that this sum should be vested in 
 trustees in order to carry out this purpose in manner hereinafter 
 provided : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. The said sum of twelve thousand dollars shall become and be Vesting of 
 vested in the trustees hereinafter established upon the trusts and for P-''^**' '" 
 
 tnisipps lor 
 
 the purposes following, that is to say, — Out of the said sum, to pay off certain 
 certain mortgages on, and to put in complete order and rei:)aii-, the purposes, 
 premises known as lots numi ers forty-nine, fift}', and south quarter t)f 
 Lot number fifty-one, in Kingston district, in Georgetown, and the 
 buildings thereon, which have been heretofore held l)y his Lordship 
 the present Bishop of Guiana for himself and his successors in the 
 See, and the remainder of the said sum to hold on the trusts herein- 
 after declared.
 
 434 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1872. 
 
 Vesting of 
 premises, etc. 
 in Kingston, 
 in trustees. 
 
 Powers and 
 
 fnnc'tions of 
 the trnstees. 
 
 ings ahove- 
 
 Appointment 
 
 of trustees. 
 
 2. The .said premises, including the land and build. ..g.. 
 mentioned, are hereby declared to be vested in the said trustees on the 
 trusts hereinafter declared. 
 
 3. The whole of the remainder of the trust money above mentioned 
 and the premises, shall be held by the trustees in trust for the Lord 
 Bishop of Guiana and his successors in the See, with liberty to retain 
 the same premises, and to invest any money in their hands at interest 
 in such manner as they may think fit, and with the interest or the 
 })rincipal thereof to repair or improve the present premises, or, if they 
 think fit, with the concurrence of the Lord Bishop of the See for the 
 time being to sell and dispose of the present premises, and with the 
 proceeds and an}^ portion of the remainder of the sum of twelve thou- 
 sand dollars remaining in their hands, with the like concurrence, either 
 to purchase such land and erect such buildings, or to purchase such 
 land and buildings, as they may consider suitable for a dwelling-place 
 for the Lord Bishop of the See for the time being : Provided that when 
 tlie whole of the money at any time in the hands of the trustees is 
 expended for any purpose in conformity with the provisions of this 
 trust, the Lord Bishop of the See for the time being shall be bound, 
 unless other provision is made for the purpose, to keep in good order 
 and repair the premises vested in the Trustees for a dwelling place for 
 him. 
 
 4. — (1.) The first trustees under this Ordinance (who are hereby 
 appointed such) shall be James Mayer Grant and George Henry 
 Oliver. 
 
 (2.) Tn case of the death, inability to act, declared wish to resign, 
 or permanent departure from the Colony of either or l)oth of them, it 
 shall l)e lawful for the Governor and Court of Policy, by Resolution, 
 to appoint another or others to be a trustee or trustees in his or their 
 place or places. 
 
 ORDINANCE No. 3 OF 1872. 
 
 A.D. 1872. An Ordinance for the Better Government of the 
 "^~ British Guiana Branch of the EstabHshed Church 
 
 of Scotland. 
 
 [12th October, 1872.] 
 
 WHEREAS it is expedient that a Presbytery and Kirk Ses.sions 
 of the Branch in this Colony of the Established Church of 
 Scotland should be recognized and established for enforcing 
 discipline amongst its ministers and membei's, and for other purposes : 
 
 Be it therefore enacted by the Governor of British (Uiiana, with the 
 advice and consent of the Coui't of Policy thereof, as follows : — 
 
 Short title. !• This Ordinance may be cited as the Church of Scotland (lovern- 
 
 ment Ordinanc(!, 1872. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 " Church of Scotland " means the Church as established by law in 
 tliat part of the United Kingdom of Great Britain and Ireland 
 
 Tnterpretution 
 of terms.
 
 A.D. 1872.] 
 
 CHURCH OF SCOTLAND. 
 
 [No. 3. 
 
 435 
 
 called Scotland, in (ernis of the statutes referred to in the Treaty 
 of Union between the two Kingdoms of England and Scotland 
 and Acts of Parliament ratifying the same : 
 
 "The Church " means the Branch in lliis Colony of the said 
 Church of Scotland : 
 
 " Parish " means every district in this Colony which is now or 
 may hereafter be defined by the Presbytery as a Parish : 
 
 "Chapel of Ease," or "Chapel," means any Church or Chapel 
 belonging to or held for behoof of the Church in this Colony, 
 other than the Chui'ch of the Parish to the minister of which 
 an annual stipend is now or may hereafter be assigned by 
 Ordinance : 
 
 "Minister" means every minister to whom a Parish is now or 
 may hereafter be allotted by the Presbytery, and every minister 
 in charge of a Chapel of Ease or a ]\] ission Station under the 
 control of the Presbytery or of any minister of a Parish : 
 
 " The Presbytery " means the Presbytery of British Guiana as 
 hereinafter constituted : 
 
 " Elder " means an office-bearer of the Church ; and " Moderator " 
 and " Clerk " mean office-bearers of the Presbytery respectively 
 elected or ajjpointed in the same way as the like officers are 
 elected or appointed in the Church of Scotland, and with the 
 same functions and duties, and liable to the same discipline on 
 the part of the Presbytery : 
 
 " Day " means twenty-four hours, computed de momeiifo hi tno- 
 nientum : 
 
 Words importing the masculine gender include the feminine 
 gender : 
 
 Singular terms include the plural and vice versa. (Amd. 1 3 of 
 1904, s. 2.) 
 
 Kirk Session. 
 
 3. 1 he ministers and all the eldei-s of each Parish shall constitute. Constitution of 
 and are hereby declared to be, the Kirk Session of that Parish. Kirk Session. 
 
 Presbytery. 
 
 4. The ministers and the joint ministers, if any, of all the Parishes, 
 and one elder from each Kirk Session shall constitute, and arc hereby 
 declared to be, " the Presbytery of British Guiana." (Amd. 13 of 
 1904, s. 3.) 
 
 5. " The Presbytery of British Guiana" by that name shall be, and 
 is hereby declared to be, a body politic and corporate, with perpetual 
 succession ; and it shall not be necessary for it to have a common seal; 
 and it shall have full power and authority in its corporate name to sue 
 and be sued, and to acquire and hold lands and other property, mov- 
 able and immovable, for the purposes of the Church, and to sell such 
 movable property, and to sell, mortgage, alienate, or lease for a term 
 ftf years any of the lands oi- other immovable property of the Presby- 
 tery. (Amd. 13 of 1904, s. 4.) 
 
 6. — (1.) The elder representing any Kirk Session at the Presbytery 
 shall be elected in the same way as the like officer is elected in the 
 Church of Scotland. 
 
 Constitution of 
 Presbytery of 
 British Guiana. 
 
 Incorporation 
 of " the 
 Presbyteiy of 
 British 
 Guiana." 
 
 VOL. I. 
 
 29 
 
 Election and 
 tenu of service 
 of elder 
 representing 
 Kirk Session.
 
 436 
 
 No. 3.] THE LA WH OF BRITISH GUIANA : [A.D. 1872. 
 
 (2.) All questions respecting the validity of such election shall be 
 finally determined by the Presbyter3^ 
 
 (3. ) The term of ofBce of such elder shall be the same as in the 
 Church of Scotland. 
 
 QuoniiD at 
 meeting of 
 Presbytery. 
 
 Absence, etc., 
 of Moderator 
 or Clerk. 
 
 Powers and 
 authority of 
 the Presbytery. 
 
 7. At every meeting of the Presbytery, except a meeting for prepar- 
 
 ing a libel or a meeting for receiving and entertaining a libel in the 
 
 first instance, three members, of whom two must be ministers, shall be 
 sufficient to constitute a meeting. 
 
 8. Whenever the Moderator or Clerk is unable, from absence 
 or any other cause, to perform any duty properly performable by 
 him, any meeting may appoint some qualified person to perform such 
 duty. 
 
 9. — (1.) The Presbytery shall be, and is hereby declared to be, the 
 Supreme Ecclesiastical Court of the Church, and shall have full power 
 to inquire into any charge against any minister of acts or conduct 
 which would be offences according to the Ecclesiastical Law of Scotland ; 
 to cite the party accused to appear before it and answer to such charge ; 
 to summon all necessary witnesses and examine them upon oath or 
 upon solemn affirmation in cases where an affirmation is allowed by law 
 instead of an oath ; to require the production of such deeds, evidence 
 or writings as may be necessary : to adjourn from day to day or for a 
 longer period until the inquiry is concluded ; and to pronounce 
 sentence of censure, suspension, or deposition, as the nature of the case 
 may require. 
 
 (2.) In any such ^proceedings, the Presbyteiy shall have regard to 
 the instructions contained in the Form of Process approved of by the 
 General Assembly of the Church of Scotland on the 18th day of April, 
 1707. 
 
 Ministers 
 subject to Law 
 of Chm'ch of 
 Scotland for 
 misconduct. 
 
 Mode of 
 making accu- 
 sation against 
 minister. 
 
 l^ower to the 
 l'resbytei7 to 
 inliibit minister 
 pending charge. 
 
 Proceedings against Minister for Misconduct. 
 
 10. Any minister guilty of any act or conduct which, by the law of 
 the Church of Scotland, would subject a minister of that Church to 
 censure, or suspension or deposition shall, on conviction, be censured, 
 suspended, or deposed, according to the nature of the offence : Provided 
 that every proceeding against any minister for a.i\j offence under this 
 Ordinance shall be commenced within twelve months after the com- 
 mission of the offence alleged or chai'ged, and not afterwards, (leave of 
 absence not being reckoned as part of the said twelve months,) and the 
 service of citation on the accused party as hereinafter provided shall 
 be deemed the commencement of any proceeding. 
 
 11. If the Presbytery are informed by any person in writing, or 
 know from common report, that any minister is accused of any act or 
 c;on(luct punishable by virtue of this Ordinance, and if the accusation 
 appears to be well-founded, the Presbytery may prepare, or ma}^ per- 
 mit the individual accuser, if any, to prepare, a libel against the party 
 accused : Provided always that no libel shall be prepared by the Pres- 
 bytery, and no libel prepared by any other person shall be received 
 and entertained in the first instance, except at a meeting of the Pres- 
 bytery at which not less than five ministers shall be present. 
 
 12. In every case in which, from the nature of the offence charged, 
 it app(!ar.s to the Pi'esbytery to be undesirable that the accused
 
 A.D. 1872.] 
 
 CHURCH OF SCOTLAND. 
 
 [No. 3. 
 
 437 
 
 party should continue to officiate as a minister while such charge is 
 pending, it shall be lawful for the Presbytery to cause a notice to be 
 served on such party at any time, pending any proceedings before the 
 Presbytery or pending a reference to the (General Assembly as herein- 
 after provided, inhibiting the said party from performing any service 
 of the Church from and after the expiration of fourteen days from 
 the service of such notice until sentence has been finally given 
 in the cause, and also to make provision for the administration of 
 the ordinances of religion in any Parish or Chapel so long as such 
 notice remains in force : Provided always that such inhibitif)n shall 
 in no way affect the inhibited minister's right to his stipend and 
 manse. 
 
 13. The libel shall be drawn as near as may be in the form adopted 
 in the Ecclesiastical Courts of the Church of Scotland ; shall set forth 
 with reasonable precision the nature of each offence charged ; shall 
 state the time when, and the place wdiere, each offence is alleged or 
 reported to have been conmiitted, and shall be signed by the Mode- 
 rator and Clerk, and by the individual accuser, if any, whose true 
 place of abode shall be written after his signature ; and on the back of 
 the libel there shall be endorsed an instruction, signed by the Modera- 
 tor and Clerk, to cite the accused tf) appear before the Presbytery 
 to answer to the said charge at the place and date named in such 
 instruction. 
 
 14. A list of the witnesses to be adduced, and of the articles or 
 documents to be produced, in proof of the libel shall be prepared, and 
 shall be signed in the same way as the libel ; and additions may at 
 any time be made to such list, provided that every such addition shall 
 be signed in the same way as the original list. 
 
 15. The Clerk shall prepare copies of the libel, of the instruction 
 thereon, and of the said list, and shall certify such copies under his 
 hand to be true, and shall cause his citation of the accused and the said 
 copies to be served without delay upon the accused personally, or at 
 his last known place of abode, thirty clear days at least before the day 
 of appearance ; and, in default of such service, all proceedings under 
 the said citation shall be void, unless the accused voluntarily appears 
 and waives such service : Provided always that the accused shall be 
 held to have waived objection to the citation or service if he appears 
 and pleads to the libel without stating such objection, and that the 
 judgment of the Presbytery upon any objection which may be stated 
 to the citation or service shall be final. 
 
 16. The affidavit of the Clerk's messenger shall be held full and 
 sufficient evidence of such service having been executed. 
 
 17. If the party appears and his answer is any other than an un- 
 qualified admission of the truth of the charges contained in the libel, 
 the Presbytery shall pi"oceed to hold a Court under this Oi'dinance, 
 and to hear the cause, and the following provisions shall thereupon 
 have effect, that is to say, — 
 
 (1.) The Moderator shall be the President, and the Clerk shall be the 
 
 Clerk, of the said Court ; 
 (2.) Either party may have the aid of any counsel, who may be 
 
 entitled to be heard on his behalf ; 
 
 Manner of 
 preijaring and 
 issiiin}» libel 
 iigiiiust 
 minister. 
 
 Lists of 
 witnesses and 
 documents. 
 
 Manner of 
 serving libel 
 on minister. 
 
 P>idcnce of 
 service. 
 
 Maimer of 
 proceedings in 
 tlie Presbytery 
 Court.
 
 438 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1872. 
 
 (3.) All witnesses shall be sworn and examined in open Court, and 
 their testimony shall be reduced to writing by the Clerk or some 
 duly authorized assistant or clerk ^jro tempore, and shall be read 
 over to and signed by them ; 
 
 (4.) The proceedings with respect to the ai'guments and addresses of 
 counsel, the examination of witnesses, and the production of evi- 
 dence, shall be regulated as near as may be by the prevailing 
 practice of the Supreme Court of British Guiana in its criminal 
 jurisdiction ; and 
 
 (5.) The finding shall be that of the majority of the Presbytery, and 
 the finding shall be delivered, and the sentence shall be pronounced, 
 in open Court. 
 
 See Ordinance 
 No. 19 of 1893. 
 
 Default of 
 attendance of 
 member of 
 Presbytery. 
 
 Proceeding ex 
 jmrte on non- 
 appearance of 
 accused. 
 
 Manner of 
 arriving at 
 and pronomic- 
 ing sentence. 
 
 18. If, after a process has been instituted, any member of the Pres- 
 bytery refuses or fails to attend the Presbytery Court without suffi- 
 cient cause, or, having attended, withdraws without excuse before the 
 termination of the proceedings, he shall for every day of refusal or 
 absence to act and vote, forfeit to His Majesty, for the public use 
 of the Colony, the sum of fifty dollars, to be recovered by summary 
 execution at the instance of the Attorney General. 
 
 19. If the accused, being duly cited, refuses or neglects to appear 
 before the Presbytery, at the time and place appointed, and make 
 answer to the libel, the Presbytery may proceed ex parte. 
 
 20. — (1.) In the event of the votes being equal, the case shall be 
 decided by the casting vote of the Moderator, who shall have no 
 deliberative vote. 
 
 (2.) In the event of the accused pleading guilty, the Presbytery 
 shall then, or at some convenient day thereafter, proceed to pronounce 
 sentence of censure, or suspension, or deposition, as the nature of the 
 offence may require. 
 
 (3.) In the event of the accused being found guilty after a hearing, 
 whether in his presence or ex parte, of an offence involving suspension 
 or deposition, the Presbytery shall not pronounce sentence until after 
 the expiration of ten clear days from the da}' of the delivery of the 
 finding, in order to afford an opportunity of reference to the General 
 Assembly, as hereinafter provided. 
 
 Reference of 
 case to the 
 General 
 Assembly. 
 
 Forwarding of 
 copies of pro- 
 ceedings in 
 case of 
 reference. 
 
 Reforence to tlie General Assembly. 
 
 21. Within ten days from the day of the delivery of such finding, it 
 shall be lawful either for the Presbytery to make, or for the accused to 
 demand, a reference of the case, through the Colonial Committee, to 
 the (ieneral Assem])ly of the Church of Scotland before proceeding to 
 final judgment or sentence : Provided that such demand, if not made 
 orally at the trial, shall be made in writing, addressed to the Moderator 
 and signed by the accused party. 
 
 22. Immediately on such reference or demand being made, true 
 copies of the libel, proof, and finding, and of such reference or demand, 
 certified under the hand of the Moderator and Clerk, shall be forwarded 
 to the Colonial Committee of the Church of Scotland, for the considera- 
 tion and decision or advice of the General Assembly of that Church ; 
 and it shall be competent to the said (general Ass(^mbly, on receipt of 
 such reference, to dispose of the same by pronouncing such deliverance
 
 A.D. 1872.J 
 
 CHURCH OF SCOTLAND. 
 
 [No. 3. 
 
 439 
 
 or decision as to it may seem just and conformable to the laws and 
 practice of the Church of Scotland. 
 
 23. On the receipt of such deliverance or decision, and not Vjefore, Pronouncing 
 the Pi-eshytery shall pronounce (inal sentence in accordance with such "^sentence on 
 decision ; but it shall not be lawful for the Presbytery to act upon any General 
 such decision, unless the same is certified under the hands of the Assembly. 
 Moderator and Clerk of the General Assembly, and unless the same 
 
 has been forwarded tiirough the Colonial Committee to the Moderator 
 or Clerk of the Presbytery. 
 
 Suspension and Deposition. 
 
 24. Where any sentence of suspension is pronounced by the Pres- Disposal of 
 bytery, the same shall be certified to the Governor under the hand of ^jj^g^gj"' 
 the Moderator and Clerk, and the stipend of the minister so suspended dui-ing suspen- 
 shall be chargeable during the whole period of such suspension to the sion. 
 extent of one-half for the performance of the duties of his ofiice. 
 
 25. Where any sentence of deposition is pronounced by the Pres- Vacation of 
 bytery, the incumbency, or other preferment shall become and be depofit°ion of 
 vacant, and the same shall thereupon be filled up according to law : minister. 
 Provided that any such sentence of deposition pronounced against any 
 minister to whom an annual stipend is assigned by any Ordinance for 
 
 the time being in force shall be certified to the Governor under the 
 hand of the Moderator and Clerk. (Amd. 13 of 1904, s. 5.) 
 
 Witnesses. 
 
 26. — (1.) In order to pi'ocui'e the attendance of witnesses at any 
 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 hereinbefore 
 provided. 
 
 (2.) Every such citation shall specify the time and place at which 
 the witness is to attend, and the })erson against whom the charge is 
 prefei'red. 
 
 (3.) Eveiy such citation may contain the names of twelve witnesses ; 
 a copy shall be served bj'^ some intelligent person, able to read and 
 wi'ite, on each such witness ; and a return of every such service shall 
 be endorsed on the original. 
 
 (4.) If any person cited does not appear, the return of service 
 shall })e verified by the oath of the person making the service taken 
 before the Presbytery Court or any Justice of the Peace. 
 
 27. In case any witness residing in any part c)f the Colony whose 
 evidence may be required before any Presbyter^' Court held b}^ Wrtue 
 of this Ordinance refuses or neglects to attend, without lawful excuse, 
 or refuses to be sworn, or to make affirmation, or to give evidence when 
 sworn or after making affirmation, or is guilty of any other contempt 
 of or disobedience to the lawful order of such Presbytery Court, it shall 
 be lawful for any Judge of the Supreme Court of this Colony, upon 
 motion made to him by order of the Presbytery, to cause such witness 
 to be brought before him, and to sentence such witness to a fine not 
 exceeding ninety-six dollars and to imprisonment for any term not 
 exceeding thirty days, unless such fine is paid, and to make such order 
 
 VOL. I. 30 
 
 Manner of 
 making and 
 returning 
 service on 
 witness at the 
 Presbytery 
 Court. 
 
 Maimer of 
 dealing with 
 witness refus- 
 ing or neglect- 
 ing to appear, 
 etc.
 
 440 
 
 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1872. 
 
 as to costs as to him may seem propei- : Provided always that this right 
 shall extend to the accused party. 
 
 Process not to 
 issue against 
 such witness 
 luiless payment 
 for attendance 
 has been 
 tendered. 
 
 See Ordinance 
 No. 19 of 1893. 
 
 Taking of 
 evidence of 
 witness unable 
 to attend. 
 
 Making of 
 order for 
 examination of 
 such witness. 
 
 Proceedings of 
 the Moderator 
 in granting 
 such oi'der. 
 
 When and by 
 whom such 
 evidence is to 
 be taken. 
 
 Maimer of 
 taking such 
 evidence. 
 
 Right of 
 opposite party 
 to n\)\)(-'AV at 
 hearing of 
 such evidence. 
 
 28. No process shall issue against such witness as aforesaid unless 
 the Judge is satisfied that the witness was duly summoned, and that 
 a sum had been tendered to him sufficient for the paj'ment of his 
 reasonable travelling expenses, and for his remuneration at a I'ate per 
 diem according to the tariff in force for the payment of witnesses 
 summoned before the Supreme Court of British Guiana in its criminal 
 jurisdiction. 
 
 29. In the event of any witness being about to leave the Colony, 
 or being ill, or old, or infirm, so as to be unlikely to be able to attend 
 at the trial, and so as to render it probable that the evidence of such 
 witness may be lost, the party wishing to obtain or perpetuate the 
 evidence of such witness, may, at any time before or after the com- 
 mencement of proceedings under this Ordinance, apply to the 
 Moderator for an order to have such witness examined. 
 
 30. — (1.) If the party so applying is the accused, or if proceedings 
 have been commenced, the Moderator shall make such order as of 
 course ; but, if proceedings have not been commenced, no such order 
 shall be made except upon an application in writing, signed by the 
 applicant, and setting forth the grounds upon which the application 
 is made. 
 
 (2.) The obtainer of any order under this section shall be liable 
 for all the costs incurred in consequence thereof, unless the final 
 decision in the matter is in his favour. 
 
 31. The Moderator shall report the granting of such order at the 
 first meeting of the Presbytery thereafter, and shall, without waiting 
 for such meeting and without delay, prepare a duplicate of the order, 
 and shall cause the witness to be cited, to appear, if able to travel, at 
 the time and place mentioned in the order, and, if unable to travel, to 
 give evidence at his own residence at the time mentioned in the order. 
 
 32. Such evidence shall be taken, unless some other place is con- 
 sidered moi-e convenient, at the vestry of the Church of that Parish in 
 which or nearest to which the witness resides, in the presence of a 
 committee of not less than three members of the Presbyter}^, one of 
 whom at least shall be an elder, and all of whom shall be selected by 
 the Moderator, where practicable, from members of the Presbytery 
 residing near to the place appointed for the examination. 
 
 33. — (1.) One of the members so selected shall act as convener and 
 another as clerk. 
 
 (2.) The evidence shall be given in open Court upon oath or upon 
 affirmation, as the case may require, and shall be reduced to writing 
 by the clerk, and shall be read over to and signed by the witness and 
 by the convener and clerk. 
 
 (3.) For the purposes of this section, the convener shall have full 
 power and authority to administer the oath to, t)r to take the affirma- 
 tion of, any such witness. 
 
 34. I^ue notice shall be given to the opposite party to appear by 
 himself oi' by counsel, at the time and place appointed, to cross-examine 
 such witness, oi', instead of appearing, to send written interrogatories ;
 
 A.D. 1872.] 
 
 CHURCH OF SCOTLAND. 
 
 [No. 3. 
 
 441 
 
 and, in default of such notice, no evidence so taken as aforesaid shall 
 be admissible at the trial. 
 
 35. — (1.) Every order issued and to be carried out in conformity Sen-ice of euch 
 with the provisions of the last six preceding sections shall be served, order, etc. 
 and the service, if necessary, shall be verified, in manner provided for 
 ordinary citations on witnesses. 
 
 (2.) Every person on whom an}'^ such order may be served failing 
 or refusing to comply with such order or to give evidence, or being 
 guilty of any other contempt or disobedience of the Presbyteiy Court, 
 shall be dealt with in manner provided with respect to witnesses cited 
 to appear in the ordinary way and guilty of similar default or con- 
 tempt. 
 
 36. If it is proved at the trial, by the oath or affirmation of any 
 credible witness, that any person whose evidence has been so taken is 
 dead or absent from the Colony, or so ill, or old, or infirm as not to be 
 able to travel, all such examinations, cross-examinations, interrogatories, 
 and answers thereto, if purporting to be signed by the witness and by 
 the convener and clerk, shall bo read at the trial as evidence in the 
 cause, without further proof. 
 
 Use as evidence 
 of deposition of 
 dead or absent 
 witness. 
 
 process in legal 
 etc. 
 
 Miscellaneous Provisions. 
 
 37. — (1.) In all legal proceedings against the Presbytery, service of Service of 
 
 process upon the Moderator for the time being shall be good and suffi- proceedki' 
 
 cient service. etc 
 
 (2.) In all legal proceedings by the Presbytery, the power ad litem 
 shall be signed by the Moderator and Clerk for the time being. 
 
 38. AH property in this Colony heretofore vested in any person Vesting of 
 for the benefit for the Church of Scotland shall be considered, from and P'^op^^'ty- 
 after the commencement of this Ordinance, the property of the Pres- ^^ iif laru 
 bytery. 
 
 39. In all matters not specially provided for by this Ordinance, the Power, 
 Presbytery shall so far as may be practicable, possess and exercise the authority, and 
 like power and authority in all matters ecclesiastical and disciplinary, jjig piesbyten- 
 as are possessed, and may be lawfully exercised, by the several Pres- under the" 
 byteries of the Church of Scotland, and its proceedings shall be Ordmance. 
 governed by the laws, regulations, process, and practice of the Church 
 
 of Scotland. 
 
 40. Nothing in this Ordinance shall in any way prejudice, alter, or Saving of 
 affect any right, power, or authority vested in the Governor by virtue Govemorandof 
 of the Royal Commission, or in the Governor and Court of Policy by the Governor 
 any law now or hereafter to be in force in this Colony. and Court of 
 
 VOL. 1 
 
 31
 
 442 
 
 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1872. 
 
 A.D. 
 
 1872. 
 
 -♦ — 
 
 Short title. 
 
 Powei" to the 
 Governor to 
 authorize 
 destruction of 
 (lo<js found at 
 large during 
 certain periods. 
 
 Penalty on 
 person landing 
 dog from ship 
 without 
 permission . 
 
 Protection of 
 jierson acting 
 under the 
 Ordinance. 
 
 No. 2 of 1850. 
 
 B 
 
 ORDINANCE No. 4 (3F 1872. 
 
 An Ordinance to establish Precautions against the 
 Spread of Hydrophobia. 
 
 [15th November, 1872.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of PoUcy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Hydrophobia Prevention 
 Ordinance, 1872. 
 
 2. It shall be lawful for the Governor, 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 
 for the time specified in such Proclamation, to authorize the destruction 
 of all dogs found at large elsewhere than in private premises, and of 
 all dogs, wheresoever found, that may 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 so infected. 
 
 3. If any dog is landed from any ship or vessel coming from abroad 
 without express i^ei'mission from an Inspector of Police, such dog may 
 at once be destroyed by any police officer, and the captain of the ship 
 or vessel shall be liable to a penalty not exceeding twenty dollars, to 
 be recovered before any Stipendiaiy Magistrate. 
 
 4. All persons acting under the provisions of this Ordinance, 
 shall be entitled to the protection afforded by the Justices Protection 
 Ordinance, 1850. 
 
 A.D. 1873. 
 
 — ♦ — 
 
 ORDINANCE No. 1 OF 1873. 
 
 An Ordinance to incorporate the Diocesan Synod of 
 Guiana, and to provide for the Election of a Bishop 
 for the Diocese. 
 
 [3rd December, 1873.] 
 
 WHEREAS previously to the passing of an Act of the Imperial 
 Parliament of Great Britain and Ireland passed in the Session 
 of Parliament held in the thirty-first and thirty-second years 
 of the Reign of Her present Majesty Queen Victoria, chapter one 
 hundred and twenty, the salary of the Bishop of the Diocese of Guiana 
 was defrayed from the growing produce of the Consolidated Fund of 
 the United Kingdom ; 
 
 And whereas by the said Act it, is enacted that no person who, after 
 the passing thereof, shall be appointed Bishop of any Diocese in any of 
 Her iVJajesty's West Indian Possessions shall receive, as theretofore 
 provided, any salary or other sum whatsoever out of the growing 
 produce of the Consolidated FuikI of the United Kingdom ; 
 
 And whereas the said Act applies to the Diocese of Guiana, and it 
 has been intimated that no successor to the See will be appointed as 
 heretofore under Her Majesty'.s Letters Patent ;
 
 A.D. 1873.] 
 
 DIOCESAN SYNOD. 
 
 [No. 1. 
 
 443 
 
 And whereas it lias therefore become necessary and desirable that 
 the members of the Cinurh of England in this Colony should be 
 associaterl toijether for the ordering of the aflfairs of the Church of 
 England in the Diocese of Guiana, and that, in case of need, a proper 
 and convenient mode for electing and nominating a fit and proper 
 person to be chosen and named by the members of the Church of 
 England in this Colony for consecration to the office of Bishop of the 
 said Diocese should be established ; 
 
 And whereas at a meeting of the Bishop and the Clergy of the said 
 Diocese and certain lay-representatives of the members of the Church 
 of England in this Colony, held in the City of Georgetown, in this 
 Colony, in the month of February, one thousand eight hundred and 
 seventy-two, certain rules and regulations were agreed to for forming 
 a Diocesan Synod of the Churcli of England in this Colony, and for 
 electing and nominating, in case of need, a fit and proper person to be 
 chosen and named for consecration to the office of Bishop of the Diocese 
 as aforesaid ; 
 
 And whereas certain persons have been chosen and elected, in 
 accordance with such rules and regulations, by the members of the 
 Church of England in this Colony as their lay-representatives in the 
 said Synod ; 
 
 And whereas it is desirable that the said Synod should be incorpor- 
 ated and the said rules and regulations sanctioned by law : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows :— 
 
 1. This Ordinance may be cited as the Diocesan Synod Ordinance, Short title. 
 1873. 
 
 2. In this Ordinance and in the Schedule to this Ordinance, unless Iiitepretation 
 
 the context otherwise requires, — 
 
 ^ ' . Schedule. 
 
 " The Diocese " means the Diocese of Guiana : 
 
 "The Bishop "means the Bishoj^of the Diocese, or, in liis absence, 
 his dul}' appointed Vicar-General, or, in case no such appoint- 
 ment has been made, the Archdeacon of Demerara, or the Arch- 
 deacon of Berl)ice, or the Senior Rural Dean of the Diocese : 
 
 " The Synod " means " The Diocesan Synod of Guiana : " 
 
 " Parish " means the congregation of an}^ Church or Chapel in the 
 Diocese which is under the sole charge of a clergyman duly 
 licensed thereto, and when the congregations of two or more 
 such Churches or Chapels are under the charge of one incum- 
 bent duly licensed thereto, such congregation shall be deemed to 
 be one Parish : 
 
 " Incumbent ' means any priest or deacon duly licensed to the 
 charge of any Parish, Church, or Chapel in the Diocese : 
 
 " Clergyman " means any priest or deacon of the Diocese duly 
 licensed V)y the Bishop : 
 
 "Congregation " means the congregation of any Church or Chapel 
 in the Diocese under the charge of a clergyman duly licensed 
 thereto. 
 
 3.— (1.) The Bishop of Guiana and the Clergy of the Church of Incorporation 
 England in this Colony, duly licensed Vjy the Bishop, together with ^j^Js^nSynod 
 those lay-representatives of the members of the said Church, who, at of Guiana." 
 
 VOL. I. 
 
 31a
 
 444 
 
 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1873. 
 
 the commencement of this Ordinance, have been duly chosen and 
 elected, in accordance with the rules and regulations so agreed to as 
 hereinbefore mentioned, shall be and shall be deemed to be the Diocesan 
 Synod of ihe Church of England in this Colony, and shall be styled 
 " The Diocesan Synod of Guiana." 
 
 (2.) The Synod by thafc name shall be, and is hereby declared to 
 be, a body politic and corporate, with perpetual succession, and it shall 
 have full power and authority in its corporate name to sue and be 
 sued, and to acquire and hold property, both movable and immovable, 
 for all purposes connected with the administration of the affairs of the 
 Church of England in this Colony, and to sell, mortgage, alienate, or 
 lease the said property. 
 
 (3.) It shall not be necessary for the said body corporate to have 
 a common seal. 
 
 Exercise of 
 powers of the 
 Bishop in liis 
 absence. 
 
 Representation 
 of lay memhers. 
 
 Execution of 
 transport by 
 the Synod, etc. 
 
 Service of 
 citation, etc., 
 on the S)nod. 
 
 Rules and 
 
 regulations 
 of the Synod. 
 
 Schedule. 
 
 4. In the absence of the Bishop, his duly appointed Vicar-General, 
 or, if no such appointment has been made or in the event of the death 
 of the Bishop), then the Archdeacon of Demerara, or the Archdeacon of 
 Berbice, or the Senior Rural Dean of the Diocese shall, for all the 
 purposes of this Ordinance, exei'cise all the powers of and represent 
 the Bishop in the Synod ; save only in those cases where the personal 
 approval of the Bishop is necessary by the rules and regulations con- 
 tained in the Schedule to this Ordinance. 
 
 5. I he lay members of the Church of England in this Colony shall 
 be represented in the Synod by the persons elected as their lay repre- 
 sentatives therein, in accordance with the rules and regulations con- 
 tained in the Schedule to this Ordinance. 
 
 6. All transports, mortgages, deeds of conveyance, leases, contracts, 
 assignments, or other deeds whatever, and all powers of attorney, and 
 all notarial instruments required to be executed by the Synod shall 
 and may be executed and subscribed l)y any two members of the 
 Diocesan Council of the Synod, and shall be as valid and eflectual as 
 if the same had been executed and subscribed by all the members of 
 the Synod. 
 
 7. All citations, notices, and other documents required to be served 
 on the Synod may be served on any person acting as Secretary to the 
 Synod, and such service shall be as valid and effectual as if the same 
 had been made on all the members of the Synod. 
 
 8. The qualification and rights of electors, the number, qualifica- 
 tion, and term of service of lay representatives, the manner of their 
 election, the mode of ccmvening the Synod and transacting the business 
 thereof, the election and appointment of office -l:)earers, the mode of 
 defraying the expenses of the Synod, the formation of a Diocesan 
 Council and its functions, the appointment of Committees and the 
 quorum thereof, the filling up vacancies among office-bearers, the order 
 of proceedings at meetings of the Synod, the rules of order thereof, 
 and the naanner of electing a Bishop shall be ordered and governed by 
 the rules and regulations contained in the Schedule to this Ordinance : 
 Pr'ovided always that the said rules and regulations may from time to 
 time be altered and modified by the Synod, and that further rules and 
 regulations may be made both for the administration of any ]iroperty 
 acquired by the Synod, or otherwise as may be requisite, so that the 
 same be not repugnant to the laws of this Colony.
 
 A.D. 1873.] 
 
 DIOCESAN SYNOD. 
 
 [No. 1. 
 
 445 
 
 9. Whenever, after the commencement of this Ordinance, there is a Klettion to 
 vacancy in the See of Guiana, and it is necessary to elect and nominate evenWf ^'^ 
 a fit and proper person for consecration to the office of Bishop thereof, vucauey. 
 the person elected and nominated l)y the Synod shall be deemed to be 
 
 the person elected and nominated for the otlice of Bishop of the Diocese 
 of Guiana, and, when consecrated thereto, shall be deemed to be and 
 shall be the Bishop of the Diocese of Guiana. 
 
 10. Nothing in this Ordinance shall affect any of the spii'itual rights. Saving of 
 power, or authority appertaining to the office of Bishop, or be construed **.y"''^^"j 
 so as to interfere in any way with the provisions contained in the Bishop, etc. 
 Letters Patent under which the present Bishop of the Diocese liolds 
 
 his appointment to the See. 
 
 SCHEDULE. 
 
 Rules and Regulations of the Diocesan Synod of Guiana. 
 
 Sections 2 
 and 8. 
 
 CHAPTER I. 
 
 Qualification and Rights of Electors. 
 
 1 . Every layman in each Parish of twenty-one years of age and upwards, who is Persons 
 
 an annual subscriber of not less than one dollar to the Clergy Sustentation Fund, entitled to vote 
 
 who shall have been duly registered as a voter, and who shall have at the time of the at election of 
 
 election, signed the following declaration in a book provided for that purpose by the Lay-Repre- 
 
 Synod, shall have the right of voting at the election of Lay-Representatives : — ■ "" "" 
 
 sentatives. 
 
 " I, A.B., do liereby declare that I am a Member of the Church of Enghnid in British 
 Guiana." 
 
 Provided that no layman shall vote in the election of Lay- Representatives in more 
 than one Parish within the year. 
 
 2. The List of Voters shall be revised on or before the Slst of March, and made List of voters, 
 up by the Rector and Vestry, or the Curate and Wardens, as the case may be, in 
 
 every year. No voter shall be pennitted to register his name within thirty days 
 previous to any election. 
 
 CHAPTER II. 
 
 Xtimhcr, Qualification, aud Term of Service of Lag-llepreseiitatire.s. 
 
 3. The number of Lay-Representatives which each Parish shall be entitled to Number of 
 return to the Synod shall be as follows : — Lay-Repre- 
 sentatives. 
 
 If numbering less than 300 Communicants .... 1 
 
 Do. 300, and less than 500 do 2 
 
 Do. 500, do. 70^ do 3 
 
 Do. 700 do., and upwards ...... 4 
 
 Co>in)iu»icants. 
 
 4. Every layman of the age of twenty- one years, who is an annual subscriber of Qualification of 
 not less than one dollar to the Clergy Sustentation Fund, being a communicant of Lay-Repre- 
 the Church of England in British Cluiana, shall be qualified to be elected as a sentative. 
 Lay -Representative. 
 
 5. Every person so elected shall, before doing any act in the Synod, sign a Declaration 
 declaration in the following form in a book to be kept for that purpose by the to be made, 
 proper otiicer of the Synod : — 
 
 " I, A.B., of do hereby solemnly declare that 1 am a CDnuiumicant of the 
 
 Church of England in British Guiana." 
 
 No person shall accept or hold more than one appointment as Lay-Representative.
 
 446 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1873 
 
 Time and 
 
 notification of 
 election. 
 
 Cliairman at 
 election. 
 
 Proof of 
 
 willingness of 
 person nomi- 
 nated to serve. 
 
 Election in case 
 of vacancy. 
 
 Case of no 
 election taking 
 place. 
 
 Certificate of 
 election. 
 
 Forwarding of 
 certificate to 
 Secretary. 
 
 Enteiing of 
 name in Synod 
 list. 
 
 EfTect of 
 non-payment of 
 assessment. 
 
 CHAPTER III. 
 
 Mmnner of electing Lay-Kepresentatives. 
 
 6. In each Parish the Lay-Eepresentatives shall be elected in Whitsun-week in 
 every year, and notice of holding each election shall be given publicly in the time 
 of Divine Service, on the two Sundays immediately preceding such election. 
 
 7. The incumbent himself, if present, shall preside at the election, and in his 
 absence, the Curate, or, in case neither the Incumbent nor Curate is present, a 
 Chairman elected by a majority of those present shall preside. 
 
 8. In elections the Chairman shall not allow any one to be nominated for election, 
 or voted for, whose willingness to accept the office of Lay-Representative of the 
 electing congregation has not been declared by satisfactory authority from the 
 proposed Representative himself. 
 
 9. In the event of a vacancy occurring in the number of Lay-Representatives of 
 any parish, either by death, resignation, absence from the Colony, without leave of 
 the Diocesan Council, or otherwise, the Incumbent of the Parish shall notify the 
 vacancy to the Secretary of the Synod, and shall thereupon proceed to call a new 
 election by giving due notice thereof on two consecutive Sundays. Such new 
 election shall take place within twenty-one days from the receipt of the notification 
 to the Secretary of the Synod. The person elected to till a vacancy shall serve only 
 for the unexpired term of the Representative in whose place he is elected. 
 
 10. In the event of no election taking jdacc, or in the event of any election 
 becoming void, the Incumlient shall, within two months from the time when the 
 election ought to have taken place or becomes void, proceed to call a new election by 
 giving due notice thereof on two consecutive Sundays. 
 
 11. Each Lay-Representative shall receive fi-om the Chairman of the meeting at 
 which he is elected a certificate of his election in the subjoined form, which he shall 
 hand in to the Secretary of the Synod, on taking his place in the Synod : — 
 
 " I hereby certify that at the Meetmg for the Election of [a] Lay-Representative [s] for 
 this Parish held on the day of 19 , was [were] duly 
 
 elected to represent this Parish in the Sjiiod for this year. 
 
 Dated this day 19 
 
 Chairman." 
 
 12. Within one month after the election of a Lay-Representative, it shall be 
 the duty of the Chairman of the meeting at which he was elected to forward to 
 the Secretary of the Synod a copy of the foregoing certificate. 
 
 13. On the receipt of each certificate by the Secretary of the SjTiod, he shall 
 enter the names of the Lay- Representatives on the Synod List to be printed and 
 sent to each of the Clergy and Lay-Representatives fifteen days before the meeting 
 of the Synod. 
 
 14. No Clergyman or Lay-Representative can sit or vote in Synod unless the 
 assessment hereinafter provided for due by their Parish is paid at least fourteen 
 days before the date of tlie meeting, except from causes approved of by Finance 
 Committee. 
 
 Time and place 
 of meeting, and 
 adjoimmient. 
 
 Notice of 
 meeting. 
 
 President. 
 Quorum. 
 
 Mode of Convening the 
 
 CHAPTER IV. 
 
 Synod and transacting the Bminess thereof. 
 
 15. The Synod shall meet at such time and jdace as may from time to time 
 be pre.scribed by the Pishop : Provided tliat there shall be a "meeting at least once 
 in every year. The Synod may be adjourned from time to time, as may appear 
 to be necessary. 
 
 16. Notice of all meetings of the Synod shall be given to every member thereof 
 by the Secretary, at least four weeks before such meeting. 
 
 17. The Bishop shall preside at all meetings of the Synod. 
 
 18. The presence of th(! Bisho]), of one-fourth of the Clergy, and of one-fourth 
 of the Lay-Representatives shall be necessary to constitute a meeting of the Synod. .
 
 A.D. 1873.] 
 
 DIOCESAN SYNOD. 
 
 [No. 1. 
 
 447 
 
 19. The Bishop, Clergy and Lay-Ropresentatives shall sit together in the Synod Hittinp;together 
 for the transaction of all business, and shall together dehato all questions. of Orders. 
 
 Non-repre- 
 sentation of 
 Piirisli. 
 
 Itcipiisites of 
 validity of act. 
 
 20. 'I'he failure of one or more Parishes to return Lay-Representatives shall not 
 prevent the Synod from jircjceeding to the despatch of Inisiness. 
 
 21. The concurrent assent of the ]5ishop, and of a majority of the Clergy and 
 Lay- Representatives, shall be necessury to give validity to any act of the iSynod. 
 A vote liy Orders, however, may bo taken at the call of any live members of the 
 Synod, whether Clergymen or laymen, and in such case a majority of both Orders 
 shall be necessary, as well as the consent of the Bishop of the Diocese. This rule 
 shall not apply to the election of a Bishop. 
 
 22. If a majority of the Clergy and of the Lay-Representatives present are in Jux <hUher- 
 favour of any resolution or motion, the Bishop may take reasonable time, not andi of the 
 exceeding three months, to consider whether he will assent or dissent from the l^ishop. 
 same. 
 
 CHAPTER V. 
 
 Election and Appuintnwnt of UJloc-Bcurers. 
 
 23. There shall be a Secretary or Secretaries of the Synod, whose duty it shall 
 be to keep regular minutes of all proceedings of the Synod ; to record them in a 
 book provided for that purpose ; to preserve all papers, memorials, and other 
 documents ; to conduct correspondence ; to attest the public acts of the Synod ; to 
 have the proceedings of each Session of the Sjmod printed and distributed to the 
 members within three months from the close of the Session : and to have the 
 notices of motions given on one day printed and ready for distribution on the 
 following day. The Secretaries shall be ex officio members of all Committees, 
 including the Diocesan Council. 
 
 24. There shall be a Treasurer of the Synod and two Auditors, to be elected Election of 
 aimually on the first day of Synod. Treasurer and 
 
 Election and 
 duties of 
 Secretan' or 
 Secretaries. 
 
 CHAPTER VI. 
 
 Mode of defraying the Expenses of the Synod. 
 
 25. A Finance Committee shall be appointed by, and from the members of, the 
 Diocesan Council, to fix the Synodal, and to estimate other, assessments levied on 
 each Parish for the ensuing year, and to conduct such financial and other business 
 as the Diocesan Council may appoint. 
 
 Auditors. 
 
 Appointment 
 and duty of 
 Finance 
 Committee. 
 
 CHAPTER VII. 
 
 Foyiiiation of a Diocesan Council and its Functions. 
 
 26. There shall be a Diocesan Council, to consist of the Bishop, the Chancellor, 
 the Archdeacons of Deraerara and Berbice, the Treasurer, the Secretary or 
 Secretaries, ex officio, and twelve members, six chosen fi-om the Clergy and six from 
 the Lay-Representives. Of each Order, three shall be appointed by the Bishop 
 and three by the Synod. They shall be elected annually before the close of 
 each Synod, and shall be eligible for re-election. In the absence of the Bishop, 
 the Council shall elect a Chairman, who shall have a casting vote. It shall be the 
 duty of the Council to assist the Bishop in all matters connected with the 
 administration of the Church ; during a vacancy in the See to exercise all the 
 aihninistrative powers vested by the Synod in the Bishoj) ; to prepare all such 
 matters as the Bishop may desire to bring before the Synod ; to receive reports from 
 all Committees ; to examine and, if need be, to refer back the same with instructions 
 for re-consideration ; to print such reports, or such parts of them, as they may deem 
 expedient ; to issue a circjlar, undc'r the Bishop's direction, stating the time and 
 place of meeting, the business for the ensuing Synod, and the order in which it 
 will be discussed ; and to make arrangements for accommodating Clergy and Lay- 
 Representatives attending the Synod, as far as possible. 
 
 27. The Diocesan Council shall be summoned by the Bishop, whenever he may 
 wish for their advice ; but any two Clergymen and two laymen of the Council may 
 require the Bishop to call a special meeting. Six members shall be considered a 
 quorum. 
 
 Election, 
 powers, and 
 duties of tlie 
 Diocesan 
 CouncU. 
 
 :\Ieetiu^s of 
 the CoiuicU.
 
 448 
 
 No. 1. 1 THE LA WS OF BRITISH GUIANA : [A.D. 1873. 
 
 Filling up of 28. In case of vacancies in the Diocesan Council in the intervals of the 
 
 vacancy in the Annual Synod, such vacancies, if amongst the Bishop's nominees, shall be filled up 
 
 by the Bishoj], and, if amongst the Synod's nominees, shall he filled up by the 
 
 Council. 
 
 Council. 
 
 Settlement of 29. The business to be submitted to the Synod, so as to have precedence in 
 
 business for the the order of proceedings, shall be sent to the Secretary, to be submitted by him 
 Synod. at the meeting of the Diocesan Council which may be held next before the meeting 
 
 of the Synod. 
 
 CHAPTER VIII. 
 
 Appointment of Commmittees and Quorum thereof. 
 
 Nomination of 30. All Committees of Synod shall be named by the Bishop, unless otherwise 
 Committees. ordered. 
 
 Quorum of 31. Where no provision is specially made otherwise, one-third of the members of 
 
 Committee. any Committee of Synod shall be considered a quorum. 
 
 Power to fill 
 up vacancies 
 among Ofiice- 
 Bearers. 
 
 Divine Service 
 before first 
 nieetmg. 
 
 Calling of roll. 
 
 Election of 
 Office-Bearers. 
 
 Order of 
 business. 
 
 Eight of 
 address of the 
 Bishoi). 
 Minutes of 
 last day of 
 Session. 
 
 Hour of meet- 
 ing on first day 
 of Session. 
 
 Duration of 
 speeches. 
 
 Rule as to 
 sitting. 
 
 Decision of 
 questions of 
 order. 
 
 CHAPTER IX. 
 
 Filling up of Vacancies among Office-Bearers. 
 
 32. The Bishop shall have authority to fill up any vacancies occurring among the 
 Ofiice-Bearers of the Synod until the next annual meeting of the Synod. 
 
 CHAPTER X. 
 
 Order of Proceedings at Meetings of the Synod. 
 
 33. The first meeting of the Synod in each Session shall be preceded by the Litany 
 and a Sermon, together with the Holy Communion, at the Cathedral. 
 
 34. After Divine Service on the first day of meeting, the Synod shall be opened 
 with prayer. The Secretary shall then call over the roll of the Clergy and the 
 Lay-Representatives, and mark the names of those in attendance. 
 
 35. The election of the Secretary or Secretaries, Treasurer, and Auditors shall 
 then be made, all of which Ofiicers shall hold their respective offices until their 
 successors are appointed. 
 
 36. After this, and on all other days after the opening prayers, the Order of 
 Business shall be as follows : — 
 
 (1.) Reading, correcting, and ap])roving the minutes of the previous meetmg. 
 
 (2.) Appointing Committees. 
 
 (3.) Presenting, reading, and referring memorials, petitions, and correspondence. 
 
 (4.) Presenting reports of Committees, of the Treasurer, and of the Auditors. 
 
 (5.) Giving notices of motion. 
 
 (6.) Taking up mifinished business. 
 
 (7.) Consideration of motions. 
 
 37. An address from the Bishop shall be in order at any time. 
 
 38. The minutes of the proceedings of the last day of each Session shall be read 
 and confirnii;d before the close of the Session. 
 
 CHAPTER XI. 
 
 RulcH of Order. • 
 
 39. The Synod shall meet for business on the first day of Session at an hour to be 
 fixed by the Bishop and Diocesan Council. 
 
 40. On the motion of any member to that effect, the Bishop may call upon any 
 speaker to close his remarks in five minutes. 
 
 41. When the Bishop shall have taken the chair, no member shall continue 
 standing up, except when addressing the chair. 
 
 42. All questions of order shall be decided by the Bishop.
 
 A.D. 1873.] 
 
 DIOCESAN SYNOD. 
 
 [No. 1. 
 
 449 
 
 43. When two or more members rise simultaneoxisly to address the chair, the Decision of 
 
 Bishop Hhall decide which of them shall speak. ' ri«'»t of speech. 
 
 44. No member shall be allowed to speak more than once on the same question 
 in the saiiie debate, except with the consent of the meeting, unless it be to explain 
 some part of his speech whicli has been misunderstood or to order : Provided that 
 the mover of any question (not being an amendment) shall be allowed the liberty 
 of reply. 
 
 45. Whenever the Bishop rises during a debate, any member speaking or 
 offering to speak shall sit down, so that the Bishop may be heard without 
 interruption. 
 
 46. No motion shall be entertained without notice thereof ; and every notice of 
 motion signed by the mover shall be handed in to the Secretary in writing, who 
 shall forthwith read it to the Synod . Such motion shall come on in due order, 
 unless the Svnoil direct otherwise. 
 
 Limitation fif 
 rit,'ht of speech. 
 
 Duty of mem- 
 ber speakuig 
 when the 
 Bishop rises. 
 
 Notice of 
 motion, etc. 
 
 47. No motion or amendment shall be taken into consideration unless it is Seconding of 
 seconded, but, if seconded, it shall not be withdrawn without the leave of the motion. 
 Synod. 
 
 48. When a question is under consideration, no other matter shall be Consideration 
 received. of questions in 
 
 regular order. 
 
 49. Motions to postpone a discussion, or to adjourn may be made without Motions to 
 notice, and shall be decided without debate. adjourn. 
 
 50. Any member shall have the power to require, at any period of the debate, Reading of 
 that the motion in discussion be read for his information. motion. 
 
 Division by 
 Orders. 
 
 Effect of 
 detemiination 
 of question. 
 
 Reports of 
 Committees. 
 
 51. When a division by Orders occurs, the ayes and noes shall take the opposite 
 sides of the room, and the votes shall be taken sitting by two tellers appointed by 
 the Bishop. On proceeding to divide, it shall be lawful for any member declining 
 to vote to retire, but no member shall be allowed to retain a seat and not to 
 vote. If, on any such division, it shall be required by twelve members of the 
 Synod, the names of ayes and noes, and of those members who retire from the 
 division, shall be taken. 
 
 52. A question once determined shall not be again brought forward in the same 
 Session. 
 
 53. The Reports of Committees shall be dealt with according to the following 
 Rules : — 
 
 (1.) To each Report of a Committee shall be appended one or more resolutions 
 
 on the subject matter of the Report, drawn up by the Committee. 
 (2.) The discussion upon the Report shall be raised upon the motion : — " That 
 
 " the Resolution or Resolutions appended to the Report be now considered," 
 
 which shall be made by the Chairman or some other member of the 
 
 Committee. 
 (3.) When the Resolutions have been disposed of by the Synod, the Bishop shall 
 
 declare to the Synod whether the Committee is, or is not discharged. 
 (4.) Reports shall not come on for discussion, unless thej' shall have been in the 
 
 hands of members of the Synod at least a week previously, except the Report of 
 
 the Finance Committee. 
 (5.) Every Report of a Committee shall be signed by the Chairman only as 
 
 authenticating the Report, it being allowed to every member of a Committee 
 
 who dissents from the Report, or any portion of it, to append such dissent with 
 
 reasons annexed. 
 (6.) The names of the Committee shall always appear on the face of the Report 
 
 of such Committee. 
 
 54. The Bishop shall have libertv to be present at, and have a vote in all Right of 
 
 Committees. ' ^^i^^liop *" ^^ 
 
 present at 
 
 55. The Agenda for each meeting throughout the Session shall be printed and ^°™X"to''be 
 circulated before the opening of the meeting for the use of members. printed. 
 
 56. Any member of the Synod is at liberty to protest against any motion that Protest against 
 may be carried therein, and to require that his protest be recorded in the minutes. motion.
 
 450 
 
 No. 1.] THE LAWS OF BRITISH GUIANA: [A.D. 1873. 
 
 Synod in 
 Committee. 
 
 Eesolutions of 
 Committee. 
 
 Suspension of 
 
 Standing 
 
 Orders. 
 
 Amendments. 
 
 57. On the requisition of one Clergyman and one Layman, the President shall, 
 with the consent of the members, resolve the Synod into Committee. 
 
 58. The resolutions of the Committee may be submitted either singly or 
 collectively, but on the demand of any member each or any such resolution shall be 
 made the subject of a separate vote. 
 
 59. Any Standing Order may be suspended on motion without notice, with the 
 consent of a majority of the members present. 
 
 60. No amendment on an amendment shall be in order. 
 
 Suunuoniug of 
 the Diocesan 
 Council and 
 of the Synod 
 in event of 
 vacancy in 
 the See. 
 
 Election of 
 President. 
 
 Mode of 
 election of 
 Bishop. 
 
 CimfiniiHtion 
 and consecra- 
 tion of Bishop. 
 
 Prficcdiu'e if 
 I'rovincial 
 Synod refuse 
 to confinn 
 election. 
 
 CHAPTER XIT. 
 
 Manner of Electing a Bishop. 
 
 61. Whenever the existence of a vacancy in the See has been declared in accord- 
 ance with Canon V. of the Canons of the Provincial Synod of the Church of England 
 in the West Indies, the Archdeacon of Demerara, or, in case of his absence or 
 inability to act, the Archdeacon of Berbice, or, in case of his absence or inability, 
 the Senior Rural Dean of the Diocese, shall, within fourteen days after the receipt 
 in this Colony of the declaration of the vacancy, summon the Diocesan Council, whQ 
 shall, as soon thereafter as possible, convene the members of the previous Annual 
 Synod, for the purpose of providing a Bishop for the See. The Council shall give 
 at least ten days' previous notice of the time, place, and object of such meeting. 
 
 62. On the assembling of the Synod, the meeting shall, after prayers, elect a 
 President, and shall then determine whether the Synod sliall at once proceed to 
 elect a Bishop or shall delegate the selection of a Bishop to any person or persons in 
 England or elsewhere. 
 
 63. If it be determined that the Synod 
 the procedure shall be as follows : — 
 
 shall at once proceed to elect a Bishop, 
 
 Delegation of 
 selection of 
 Bishop. 
 
 (rt.) The President shall nominate two Clergymen and two Laymen as 
 tellers. 
 
 {h.) The Clergy and Lay- Representatives present shall then vote by voting- 
 papers, each voting for one person only, being a Bishop or a Priest of not 
 less than thirty years of age : Provided that no person may vote for 
 himself. 
 
 (r.) The voting papers shall then be collected and examined by the tellers, 
 and the result openly declared by the President. If any one person has 
 obtained not less than two-thirds of the votes of the members present and 
 voting, of each Order, he shall be thereupon declared elected. If no one 
 person has received the above proportion of votes, the voting shall be 
 repeated after striking off or withdrawing the name of the person having 
 the smallest number of votes, until some one person has been so qualified. 
 
 64. When a Bishop is elected by a Diocesan Synod, the election shall be reported 
 by the President to the Primate of the West Indies, and such election shall be 
 subject to confirmation by a majority of the Bishops of the Province of the West 
 Indies. The Primate may take the necessary steps to obtain such confirmation, and 
 if it b(! obtained, the person elected may be consecrated, and the I'rimate may take 
 order for his consecration in tlio I'roviucc or elsewhere as may be considered 
 desirable. 
 
 65. If a majority of tlic Bishops of tlie Province refuse to confirm tlic election 
 made by the Diocesan Synod, the Primate sliall inform the Diocesan Synod thereof, 
 and such Synod may proceed to a fresh election or deal with the vacancy otherwise 
 by dch'gating the selection of a Bishop to some person or persons as if no selection 
 had taken plact\ If tlie l»ishoj)s refuse to confirm a second election, tlien the Primate 
 shall report the facts to tlu; English Committee of Reference, constituted by Canon 
 11. of the C!anons of the said Provincial Synod, which Committee shall be empowered 
 and requested to make choice of a Bishop for tlie vacant sec ; but no Bishop shall be 
 consecrated or deemed to be a Bishop of the Sec whose election has not been confirmed 
 by a majority of the Bishops of the Province. 
 
 66. If the Dioctsau Synod on assembling to piovido a Bishop for the Sec deter- 
 mines not to proceed at once to elect a Bishop but to delegate the selection of a
 
 A.D. 1873.] WIDOWS AND ORPHANS' FUND. [No. 2. 
 
 451 
 
 Bishop to any person or persons it shall forthwith determine the person or persons 
 to whom such selection is to he delegated, and whether or not such person or persons 
 shall liiive power to appoint a Bish(jp without further vote of the 8ynod ; and sliall 
 make provision for the contingeury of any one or more of such persons declining to 
 act. The President shall take all tlie steps necessary to give effect to the determina- 
 tions of tlie Svnod. 
 
 67. NN'licn the selection of a Bisliop is delegated to any person or persons in 
 England the Primate of the Province of the West Indies shall be added to those who 
 are to make the choice, and shall have an equal shaie with the others in the 
 selection. 
 
 68. When the selection of a Bishop Ly any such person or persons as aforesaid, 
 requires to he confirmed by a further vote (J' the Synod, such vote shall he taken in 
 accordance with li(^gulation 63, and Kegulations G-1 and 65 shall apply to the case as 
 if the Bishop had been directly elected by the Synod without any such delegation as 
 aforesaid having taken place. 
 
 69. If the selection of a Bishop by any such person or persons as aforesaid which 
 requires to be confirmed by a further vote of the Synod is not confirmed by the 
 numl)er of votes prescribed by liegulalion 63, the President shall report the facts to 
 the Primate and a Bishop shall be appointed as provided in Eegulation 71. 
 
 70. When the selection of a Bishop is delegated by the SjTiod to any person or 
 persons with power to appoint without further vote of the Synod, such appointment 
 shall be subject to confii-mation by a majority of the Bishops of the Province as in 
 the case of a direct election by the Synod, and Regulations 64 and 65 shall apply to 
 the case as if the Bishop had been directly elected by tlie Synod without any such 
 delegation having taken place. 
 
 71. If the Synod fails to elect or delegate the selection of a Bishop within six- 
 months after the existence of a vacancy has been declared in accordance with Canon 
 V. aforesaid, or fails to confirm by the requisite number of votes the selection of a 
 Bishop which requires confirmation, then a majority of the Bishojjs of the Province 
 may make an appointment to the vacant See, without right of appeal from their 
 decision. In such case the Primate shall take order for the consecration in the same 
 manner as is provided in Regulation 64. 
 
 72. In all cases of voting by the Bishops of the Province under these 
 Regulations, the Primate shall have a vote with the other Bishops, and if there be a 
 tie he shall have a casting vote. 
 
 Primate to be 
 one of those 
 delegated to 
 select a Bishop. 
 
 Procedure when 
 
 selection 
 rerpiires to lie 
 i^onfinued by 
 Synod. 
 
 Procedure 
 when selection 
 is not continued 
 by Synod. 
 
 Selection to be 
 confinned l)y 
 Provincial 
 S\niod. 
 
 On failiire to 
 elect Bishop 
 tlie Proviiieiul 
 Synod luuy 
 ajipoiiit. 
 
 Pi'uuate to 
 have castuig 
 vote. 
 
 ' ORDINANCE No. 2 OF 1878. 
 
 An Ordinance to make provision for granting Pensions 
 to Widows and Children of Deceased Public Otticers 
 of this Colony. 
 
 [7th June, 1873.] 
 
 WHEREAS it is desirable to make provision for the granting of 
 pensions to the widows and children of deceased public officers ; 
 And whereas at the Annual Meeting of the Combined Court it 
 was on the 29th day of May, 1871, resolved " that the present abatement 
 from the salaries of public officers for superannuation allowances shall 
 in future form a fund for providing pensions for the widows and 
 children of deceased public officers ;" 
 
 And whereas by other Resolutiot^s of the said Combined Court on 
 the 29th day of May, 1873, it was further resolved that the balance at 
 the credit of the Superannuation Fund under the Superannuation 
 Ordinance of 1860, as on the 1st day of June, 1871, together with all 
 
 ^ By Ordinance No. 14 of 1901 s. 11, no person not a contributory on or before 
 the 21st December, 1900, shall lie called upon, or be allowed to become a 
 contributory of the Fund. 
 
 A.D. 1873. 
 
 - — ♦ — 
 
 Ordinance 
 No. 13 of 1894 
 ... 3 (9) 
 incorporated.
 
 452 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1873. 
 
 Short title. 
 
 Interpretation 
 of term. 
 
 abatements since made under the said Ordinance, should be carried to 
 the credit of the fund for providing pensions for the widows and 
 orphans of public officers, and that interest at the rate of six per cent, 
 per annum should be allowed on all sums in the hands of the Receiver 
 General at the credit of the said last-mentioned fund : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. Tliis Ordinance may be cited as the Public Officers (Widows and 
 Orphans' Fund) Ordinance, 1873. 
 
 2. For the purposes of this Oi'dinance, the expression " public officer " 
 or " officer " means any person who has been or may hereafter be 
 appointed by Her Majesty or by the Governor to any substantive office 
 or place in the public service of the Colony which — 
 
 ( 1 .) Has been or may be established by law or by the Governor under 
 
 the express or implied sanction of the Combined Court ; 
 (2.) Is for the time being of a permanent character ; and 
 (3.) Has attached to it a salary at the rate of four hundred and 
 eighty dollars per annum or above that sum, such salary being 
 derived either from the Public Revenues of the Colony or from 
 fees payable in respect of the office or place or in respect of the 
 branch or department of the public service in which the office or 
 place is established, or partly from the one source and partly from 
 the other. 
 
 Establishment of the Fund. 
 
 Formation of 
 Widows and 
 
 3. A fund shall be formed for providing pensions for the widows 
 and children of public officers of the Colony, to be called " The Widows 
 rjjians lui . _^^^j Orphans' Fund," and for that purpose the balance at the credit of 
 the Superannuation Fund under the Superannuation Ordinance of 
 1860, on the 1st day of June, 1871, shall be carried to the credit of 
 the Fund as on the said date. 
 
 Amounts to be 4. All abatements from the salaries of public officers for super- 
 ^f^tT'' V* "^a^*^'^ annuation allowance under the Superannuation Ordinance of 1860, 
 
 from the 1st day of June, 1871, to the commencement of this Ordinance, 
 
 shall be placed to the credit of the Fund. 
 
 Abatements 
 from salaries 
 to be made 
 towards the 
 Fund. 
 
 Contributions to the Fund. 
 
 5. Fi'om and after the commencement of this Ordinance, an abate- 
 ment of four per cent, shall be made from the salaries of all public 
 officers whose salaries were su})ject to abatement under the Super- 
 annuation Ordinance of 1860, and also from the salary of every public 
 Officer whose appointment is subsequent to the commencement of this 
 Ordinance and whose salary is at the rate of four hundred and eighty 
 dollars per annum, or above that sum, for the benefit of the Fund, save 
 and except as hereinafter excepted. 
 
 Commence- 6. Those officers who declined to come under the Superannuation 
 
 ment of interest Ordinance of i860, and those officers whose appointment took place 
 in iund of prior to the commencement of this Ordinance, but who were not 
 
 officers not ■'^.,11 p . n n ^ ■ ^ • , 1 j.1 
 
 under the entitled, by reason ot the sinallness or then- salaries, to come under the 
 
 Superrtnnua- operation of the Sui)erannuati<)n Ordinance of 1860, and whose salary 
 tion Ordinance 
 of 18G0.
 
 A.D. 1873.] WIDOWS AND ORPHANS' FUND. 
 
 [No. 2. 
 
 453 
 
 is not under four hundred and eif^hty dollars, shall contribute to the 
 Fund, and their interest in i\w. Fund shall commence from the date of 
 the first monthly abatement from their salaries, or from the commence- 
 ment of the Fund, on their payinj:; to the Receiver General the abate- 
 ments from their salaries as from the 1st day of June, 1871. 
 
 7. — (1.) The abatement of four per cent, from the salary of a pul)lic Period for 
 officer shall continue to l^e made until such officer attains the ai^e of wliicli uliate 
 
 inent to be 
 made. 
 
 sixty-five years, if he continues so long in the public service, at which 
 date it shall cease. 
 
 (2.) Such abatement shall also cease after an officer has been sub- 
 ject to the abatement for the Fund, or to the abatement for the Fund 
 and the Superannuation Fund of 1860, for thirty-five years. 
 
 8. A public officer who has attained the age of fifty-five years, and Abatement 
 thereby acquired the right to retire from the public service, if he iJ^'pi'^le by 
 decides on retiring on a pension, shall not be called upon to make any ,j,j pension for 
 further contribution to the Fund beyond a monthly abatement from service, 
 his pension of four per cent, on such pension, to commence from the 
 date of his retirement until he attains sixty-five years of age or has 
 been subject to abatement for thirty-five years, when such abatement 
 shall cease ; but it shall he optional with such officer to continue such 
 abatement after his retirement, and, in the event of his not consenting 
 to it within two months from the date of his retirement, and therefore 
 ceasing to make any further contribution to the Fund, his widow and 
 children on his death shall have no claim on the Fund. 
 
 ' 9. — (1.) An officer who may be allowed to retire from the public 
 service on account of ill health on a pension before he attains the age 
 of fifty-five years, in order to entitle his widow and children to a pension 
 from the Fund, must consent to an abatement from his pension equal 
 to four per cent, on such pension until he attains sixty-five years of 
 age or has been subject to abatement for thirty-five years, when such 
 abatement shall cease ; but it shall be optional with such officer to 
 continue such abatement after his retirement, and, in the event of his 
 not consenting to it within two months from the date of his retire- 
 ment and therefore ceasing to make any further contributions to the 
 Fund, his widow and children, on his death, shall have no claim on the 
 Fund. 
 
 (2.) The pensions to the widow and children of such officer, if he 
 consents to the abatement, shall be at the same i"ate as if the abate- 
 ment had continued on the full amount of his salary. 
 
 ^ 10. — (1.) An officer who maybe obliged to retire from the public 
 seiwice on account of ill health, or who may be deprived of the situa- 
 tion in respect of which he contributed to the fund, by the abolition 
 of his office, before he is entitled to a pension, may select to be dealt 
 with in respect of his contributions to the Fund in any one of three 
 modes, namely, — 
 
 (rt.) He may claim from the Fund repayment of fifty per cent, 
 of his actual contributions to the Fund ; in which case his 
 interest to the Fund will cease, and his widow and children 
 
 Abatement 
 jiayable by 
 officer retired 
 on pension for 
 ill health. 
 
 Manner of 
 dealing with 
 cases of retire- 
 ment witliout 
 pension, or of 
 al)olition of 
 office. 
 
 1 Ss. and 10 wore repealed by the Ordinance No. 6 of 1896, s. 18 except as to 
 persons liaving rights existing prior to that Ordinance
 
 454 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1873. 
 
 will have no claim for pensions, except as to such pensions as 
 his widow and children may be entitled to in respect of his 
 interest in the balance of the Superannuation Fund, which 
 pensions shall not be affected in any way by his retiring from 
 the public service or by the abolition of his office ; or 
 
 (6.) He may claim to be allowed to continue his contributions 
 to the Fund as if he still remained in the public service, in 
 which case his widow and children will be entitled to the 
 full benefit of the Fund ; or 
 
 (c. ) In addition to such pensions as his widow and children may 
 be entitled to in respect of his interest in the balance of the 
 Superannuation Fund, he may claim pensions for his widow 
 and children in respect of his contributions to the Fund ; and 
 the amount of such pensions shall be determined by the 
 Governor-in-Council as soon as possible after his ceasing to be 
 employed in the public service. In the event of his being 
 dissatisfied with the amount of the pensions so determined, 
 after the same has been intimated to him, he can then select 
 to be dealt with under either of the other two modes. 
 
 (2.) Notice of the wish of an officer to adopt one of the said three 
 modes must be given to the Directors of the Fund within four months 
 from his ceasing to be employed in the public service of the Colony. 
 
 Abatement 
 from officer 
 retiiing on 
 abolition of 
 office. 
 
 Terms of 
 admission to 
 the Fund of 
 officer who has 
 been promoted 
 elsewhere. 
 
 11. — (1.) In the case of a public officer deprived of the situation in 
 respect of which he contributed to the Fund by the abolition of his 
 office, but who is entitled to retire on a pension, such officer shall not 
 be called upon to make any further contribution to the fund beyond 
 a monthly abatement from his pension at the rate of four per cent, on 
 such pension, to commence from the date of the abolition of his office 
 and continue until he attains sixty-five years of age, or has been sub- 
 ject to abatement for thirty-five years ; but it shall be optional with 
 such officer to continue such abatement after the abolition of his office, 
 and, in the event of his not consenting to the abatement within four 
 months from the date of the abolition of his office and thereby ceasing 
 to make any further contributions to the Fund, his widow and children, 
 on his death, shall have no claim on the Fund for pensions. 
 
 (2.) The pensions to the widow and children of such officer if he 
 consents to the abatement, shall be at the same rate as if the abate- 
 ment had continued on the full amount of his salary. 
 
 12. — (1.) An officer who may have contributed to the Superannua- 
 tion Fund, and who has been promoted from the public service of this 
 Colony to other employment under the Crown, previously to the 1st 
 day of June, 1871, shall be allowed to join the Fund upon paying, 
 within twelve months from the date of this Ordinance taking effect, 
 four per cent, on tlie amount of salary that he would have received 
 had lie continued in the service of the Colony, or on the amount of 
 such salary as he has received in respect of the situation to which he 
 has been promoted, to be computed from the date of his leaving the 
 service of the Colony, with interest up to the date of his joining the 
 Fund ; the furtlier contributions to be continued monthly at the rate 
 of four per cent, on the salary selected by tlie officer on which to con- 
 tribute. 
 
 (2.) Such officer shall also be allowed to contribute on any increase 
 of his salary or on the amount of such salary as he may receive in
 
 A.D. 1873.] WIDOWS AND ORPHANS' FUND. [No. 2. 
 
 455 
 
 respect of any other situations to which he may be promoted, subject 
 to the same terms and conditions as if ho had continued in the public 
 service of the Colony. 
 
 (3.) Payments from the date of leaving the service of this Colony 
 up to the 1st day of Juno, 1871, shall be made towards the amount at 
 the credit of the Superannuation Fund, and from the 1st day of June, 
 1871, to the Widows oud Orphans' Fund. 
 
 (t.) If such officer fails (tr neglects to pay his monthly contribu- 
 tion to the Fund on the first of each month, and is in arrear for six 
 months, it shall be considered that he has ceased to contribute to the 
 Fund, and his widow and children shall thereupon forfeit all claim on 
 the Fund, but such officer may be again all<)wed to contribute to the 
 Fund on such terms as may seem to the Directors proper, and on the 
 approval of the Governor-in-Council. 
 
 1 13. — (1.) A public officer who is promoted from the service of this Provision for 
 Colony to other employment under the Crown may continue to contri- case of officer 
 bute to the Fund, if such officer, within six months from the date of promoted 
 his appointment, intimates his intention to that effect, at the rate of elsewliere. 
 the abatement from the salary or income he was receiving from the 
 Colony as at the date of his appointment, or on the amount of such 
 salary or income as he receives in respect of the situation to which he 
 has been promoted. 
 
 (2.) Such officer shall also be allowed to contribute on any increase 
 of his salary or on the amount of such salary as he may receive in 
 respect of any other situations to which he may be promoted and subject 
 to the same terms and conditions as if he had continued in the public 
 service of the Colony. 
 
 (3.) Any such officer residing out of the Colony and contributing 
 to the Fund shall make his return as prescribed by the Directors. 
 
 (4.) If such officer fails or neglects to pay his contribution to the 
 Fund and is in arrear for six months, it shall be considered that he 
 has ceased to contribute to the Fund, and his widow and children 
 shall thereupon forfeit all claims on the Fund, but such officer may be 
 again allowed to contribute to the Fund on such terms as may seem 
 to the Directors proper, and on the approval of the Governor-in- 
 Council. 
 
 14. — (1.) The income of an officer in the Colony who is paid by fees, provision for 
 or partly by fees and partly by salary, shall be fixed and settled for abatement 
 the purposes of the Fund as follows, that is to say, such officer shall, p^^^\"y fees, 
 within fourteen days from the expiration of each quarter, furnish the 
 Receiver General with a certificate, under the hand of the Auditor 
 General, of the amount of fees received by him during such quarter, 
 and shall at the same time pay to him a sum equal to four per cent, 
 on such amount. 
 
 (2.) If any such officer fails to make such payment before his 
 next month's salary falls due, if he receives salary, the Receiver General 
 shall deduct the amount from such salary, but if there is no salary 
 payable to such officer and he is in default of payment of one month 
 after the Auditor General has certified as aforesaid, such officer shall 
 be deemed to have forfeited all claim on the Fund, and his widow and 
 children shall not be entitled on his death to any pension therefrom. 
 
 ' S. 13 was repealed by Ordinance Xo. 6 of 1896 s. 18, except as to persons 
 having rights existing prior to that Ordinance.
 
 456 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1873. 
 
 Payments to be 15, — (1.) The abatement of four percent, from the salaries of all 
 
 Receiver* ^^ public officers whose salai'ies may be subject to abatement shall be 
 
 General, and made by the Receiver General in proper proportion upon each occasion 
 
 canied to credit Qf \^[^ paying the salary or any portion thereof, and placed to the 
 
 credit of the Fund ; and all other payments and contributions to the 
 
 Fund shall be made to the Receiver General and placed to the credit 
 
 of the Fund. 
 
 (2.) Interest at the rate of six per cent, per annum shall be 
 allowed by the Colony on all sums in the hands of the Receiver 
 General, calculated yearly to the thirty-first day of December of each 
 year. 
 
 Appointment of 
 Directors of 
 the Fund. 
 
 Management qf the Fund. 
 
 16. — (1.) For the due and proper management of the Fund, the 
 Govei'nor shall annually appoint three public officers as directors 
 thereof, who shall be eligible for re-election, and whose duty it shall 
 be to superintend and direct the management and administration 
 thereof and to see that the laws and regulations relating thereto are 
 duly fulfilled and complied with. 
 
 (2.) It shall further be the duty of the Directors annually, on or 
 before the thirty-first day of Januaxy of each year, to prepare, or cause 
 to be prepared, and send to the Governor to be laid before the Com- 
 bined Court at its annual session, a detailed statement and account of 
 the Fund for the year ending the thirty-first day of December pre- 
 ceding, with such report on the state and prospect of the Fund as the 
 Directors may deem necessary. (Amd. 14 of 1901 s. 12.) 
 
 Defraying of 17. A sum not exceeding ten per cent, shall be deducted from the 
 
 cost of umnage- g^j^j-^u^i contributions to the Fund for the purpose of defraying all 
 
 expenses connected with the management and administration of the 
 
 Fund. 
 
 Appointment 
 and salai-j' of 
 Clerk. 
 
 Keeping 
 register of 
 contributors 
 to the Fund. 
 
 18. — (1.) For the purpose of having proper accounts of the Fund 
 kept and of keeping registers with reference to the same, the Directors 
 shall appoint a Clerk, whose salary shall be fixed by them and who 
 shall be under their control and direction. 
 
 (2.) The salary of the Clerk shall form part of the expenses 
 provided for in the last preceding section. 
 
 19. The Clerk shall keep a register of the age of every public officer 
 contributing to the Fund, and, if married, of the date of the marriage 
 of such officer, and of the age of his wife, and of the ages of his 
 chikh'en, if any. 
 
 Furnishing of 
 certain 
 
 infonnation by 
 existing 
 officers. 
 
 Fiirnixhing of Information by Contributories. 
 
 20. Every public officer whose salary or income is subject to abate- 
 ment for the Fund shall, if in the Colony, within three months, or, if 
 abroad, within six months, from the commencement of this Ordinance, 
 be bound to forward to the Directors the dates of his birth, of his 
 marriage, if married, and of the birth of his wife and of his children, 
 if any, duly proved to tlie satisfaction of the Directors. 
 
 Furnishing 21. Every public officer whose salary or income is subject to abate- 
 
 of certain ment for the Fund, and whose appointment is subsequent to the com- 
 
 fut'u"rom"eS niencement of this Ordinance, shall be bound, within six months after
 
 A.D. 1873.] WIDOWS AND ORPHANS' FUND. 
 
 [No. 2. 
 
 457 
 
 the date of his appointment, to furnish the Directors with the date of 
 his birth, the date of his marriage, if married, the date of his wife's 
 birth, and the date of the birth of any child or children of such 
 marriage, all duly proved to the satisfaction of the Directoi's. 
 
 22. Every public officer whoso salary or income is subject to abate- Notification of 
 ment for the Fund who marries after the commencement of this '"^^"^"S^- 
 Ordinance shall be bound, within six months after his marriage, to 
 
 notify the same to the Directors, and also the age of his wife, duly 
 proved as aforesaid. 
 
 23. Every public officer whose salary or income is subject to abate- Notification of 
 ment for the Fund shall be bound to notify to the Directors the birth ^""^'^ ^^ '^^^'^• 
 of each legitimate child born to him, within six months from the date 
 
 of such child's birth. 
 
 24. Every public officer whose salary or income is subject to abate- Notification of 
 ment for the Fund shall be bound to notify to the Directors, within ^eathofwife 
 
 six months from the date of the event, the death of his wife or of any 
 of his children. 
 
 child. 
 
 25. Any public officer who fails or neglects to comply with any of Fine for non- 
 the re(]uirements aforesaid shall be liable to a fine for each default not ^v^tlfprec^dina 
 exceeding twenty-four dollars, to be deducted from his salary or requiiements. 
 income by the Receiver General on an order to that effect by the 
 Directors of the fund and to be placed to the credit of the Fund. 
 
 Exceptions 
 from benefits 
 of the Fund. 
 
 Pensions to Widows and Orphans. 
 
 26. The widows and orphans who will be entitled to pensions from Widows and 
 
 the Fund are the widows and orphans of public officers in the service gi^titkcf to 
 
 of the Colony on the 1st day of June, 1871, who contributed to the pensions under 
 
 Superannuation Fund, and of all officers whose salaries subsequent ^^^ Ordinance, 
 to that date have been subject to abatement, save as hereinafter 
 excepted. 
 
 ^ 27. No widow of a public officer who dies within one year from 
 the date of marriage shall be entitled to a pension, unless a lawful 
 child is born of such marriage, and no child of any public officer born 
 out of wedlock, but who by the laws of this Colony has become or 
 may become legitimate by the subsequent marriage of his or her 
 parents, shall be entitled to any pension or allowance from the Fund. 
 
 28. The allowance or pension to orphans shall cease, in the case of 
 males, at eighteen years of age, and in the case of females, at twenty- 
 one years of age or on marriage. 
 
 29. The pension or allowance to which a widow or anj^ child of a 
 deceased public officer is entitled shall be computed in accordance with 
 tables to be approved of by Order of the Governor-in-Council ; and 
 such tables shall be subject to revision and re-adjustment from time to 
 time as the Governor-in-Council may deem necessary. 
 
 30. When a public officer, who is a widower, dies leaving a child 
 or children entitled to pensions, such pensions shall be as follows : — If 
 
 ^ S. 27 was repealed by Ordinance No. 6 of 1896, s. 18, except as to persons having 
 rights existing prior to' that Ordinance. 
 
 VOL. I. 32 
 
 Cesser of 
 pension to 
 oi-phans. 
 
 Computation 
 of pensions. 
 
 Pensions 
 payable to 
 orphans.
 
 458 No. 2.] THE LA WS OF BRITISH GUIANA : [ A.D. 1873. 
 
 Provision in 
 case of widow 
 mari-yiug 
 
 Provision in 
 case of children 
 by former 
 marriage. 
 
 Refunding of 
 gi'atnities paid 
 to widows of 
 deceased 
 public officers. 
 
 Effect on claim 
 to pension of 
 dismissal or 
 resignation. 
 
 No claim in 
 case of officer 
 maiTj'ing after 
 ceasing to 
 contribute. 
 
 three in number or less, each child shall receive one-fourth of the 
 allowance to which the widow of the officer would have been entitled 
 had she survived him, and if more than three, then the amount which 
 the widow would have received shall be divided equally among the 
 children. 
 
 ^31. The widow of a public officer receiving a pension from the 
 Fund who marries again shall forfeit all claim to any further pensioi- 
 from the date of her second marriage, and, if there are any children of 
 the first marriage whose ages would entitle them to a pension, such 
 children shall be entitled to such pension as if l)oth parents were dead. 
 
 32. — (1.) When a public officer dies leaving a widow, and also chil- 
 dren by a previous marriage whose ages entitle them to pensions from 
 the Fund, such children, if three or more in number, shall be entitled 
 to one-half of the pension to which their mother, if she had survived 
 their father, would have been entitled ; if two children, to one-third ; 
 and if only one child, to one-fourth ; and the widow to one-half of the 
 pension to which she would have been entitled had there been no such 
 children, but, if there are no such children or when they cease to be 
 entitled to pensions, then the widow shall be entitled to her full 
 pension. 
 
 (2.) If the step-mother of such children dies, leaving no lawful 
 issue by such officer, such children shall then be entitled to pensions 
 as if their father had not married a second time. 
 
 (3.) If the step-mother of such children dies, leaving lawful 
 children, such children shall have the pension which their mother was 
 entitled to equally divided among them. 
 
 33. The widow of a public officer who has died since the 1st day of 
 June, 1871, and who has received one or more months' salary of her 
 deceased husband by way of gratuity, shall not be entitled to draw any 
 pension from the Fund until the amount of the pension to which she 
 is entitled under this Ordinance equals the amount of such gratuity ; 
 and the amount so withheld shall be charged to the Fund and paid to 
 the Receiver General on account of the Revenue of the Colony. 
 
 34. Neither the widow nor any child of a public officer who may be 
 dismissed from the public service for misconduct shall have any claim 
 to a pension or interest in the Fund ; nor shall the widow or any 
 child of a public officer who may resign his situation, except on account 
 of ill-health as hereinbefore provided, without being entitled to a 
 pension, have any claim to a pension or interest in the Fund. 
 
 35. The widow of a ])ublic officer whose marriage was subsequent to 
 the time when such officer ceased to contribute on the full amount of 
 his salary to the Fund shall not be entitled to any pension, nor shall 
 the children of such marriage be entitled to any pension. 
 
 Miscellaneous Provisions. 
 
 Proof of being 36, Widows and orphans entitled to pensions from the Fund and 
 
 from '^^'^"^'^^'^ residing out of the Colony must produce proof, to the satisfaction of 
 beneficiary. 
 
 ' S. 31 was repealed hy Ordinance No. 6 of 1896 s. 18, except as to persons 
 having rights existing prior to that Ordinance.
 
 A.D. 1873.] COMMISSARY DEPARTMENT. 
 
 [No. 3. 
 
 459 
 
 the Directors, of their being alive and entitled thereto before their 
 pensions can be paid. 
 
 37. No pension payable from the Fund shall be assignaVjle or Pension not to 
 transferable, nor shall any pension payable from the Fund be attached, be assiffned or 
 arrested, or levied upon, for or in respect of any debt or claim due by 
 
 the recipient of such pension. 
 
 38. Ill Jiiiy case where any question or any doubt or difficult}^ arises Settlement of 
 
 as to whether any person is a ))ul)lic officer within the meaning and questions and 
 
 c 1 • ^ T 1 • 1 p -1 disputes. 
 
 for the purposes or this Ordinance, or as to the right or a widow or 
 
 child to a pension from the Fund, or as to the amount of such pension, 
 
 or as to any uther matter connected with the Fund, such question or 
 
 doubt or ditliculty shall be referred by the Directors of the Fund to 
 
 the Governor-in-Council, and the decision of the Governor-in-Council 
 
 thereon shall be final. 
 
 ORDINANCE No. 3 OF 1873. 
 
 An Ordinance to make provision with respect to the a. d. i87 3. 
 Commissary Department. ordinance 
 
 n f T 1 1 >^7Q n ^'^- ^^ o/lS64 
 
 [ I si fJ 01} , J O / O. J incorporated. 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and the consent of the Court of Policj^ thereof, as follows : — 
 
 1. This Ordinance may be cited as the Commissaries Ordinance, short title. 
 1873. 
 
 2. On and after the 1st day of July, 1873, there shall be a -Chief 
 Commissaiy and as maii}^ District Commissaries of Taxation as may 
 have salaries provided for them by the Combined Court. 
 
 3. The - Chief Commissary of Taxation shall exercise a general 
 supervision over the District Commissaries of Taxation, and may 
 perform any duty that may be performed by a District Commissary of 
 Taxation ; and he shall perform such other duties as may be assigned 
 to him by the Governor. 
 
 4. The District Commissaries of Taxation shall severally perform 
 such duties as were assigned to District Commissaries of Taxation 
 previously to the 1st day of January, 1869, and all such other duties 
 as may at a.ny time be assigned to them by the Governor. 
 
 5. — (1.) The Governor may, by Proclamation, abolish the present 
 Police and Fiscal Districts, and establish Fiscal Districts, and may 
 from time to time alter the limits, or add to or diminish the number 
 of such districts. 
 
 Establishment 
 of Chief Com- 
 missan' and 
 District 
 Commissaries. 
 
 Duties and 
 powers of the 
 Chief 
 Commissaiy. 
 
 Duties of the 
 
 District 
 
 Commissaries. 
 
 Power to the 
 Governor to 
 establish 
 Fiscal Dis- 
 tricts, etc. 
 
 ^ By Ordinance No. 10 of 1895 the Commissary Department was abolished, and 
 its officers transferred to the Treasury Department, except as regards their duties in 
 relation to spirits. 
 
 2 The office of Chief Commissary was abolished, and his duties transferred to the 
 Receiver General, except in relation to spirits, which were transferred to the 
 Comptroller of Customs, by Ordinance No. 10 of 1895 ss. 2, 4 and 5. 
 
 VOL. I, 32a
 
 460 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1873. 
 
 Giving of 
 security by 
 Comniissary of 
 
 Taxation. 
 
 Duties and 
 powers of 
 District 
 Commissaries. 
 
 Construction 
 of references 
 in certain 
 documents. 
 
 Seizures and 
 prosecutions. 
 
 (2.) The Governor may assign to each District Commissary of 
 Taxation a Fiscal District, as the District beyond which he shall not 
 be bound to act without directions from the Governor ; but in the 
 absence from his District of any District Commissary, any other 
 District Commissary may act for, and the Chief Commissary may 
 also at any time act for, any District Commissary without any special 
 appointment. 
 
 6. Every Commissary of Taxation shall give security to His Majesty, 
 to such amount and in such manner as may from time to time be 
 determined by the Governor-in-Council, 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 as such Com- 
 missary of Taxation. 
 
 7. Every District Commissary of Taxation shall have and exercise 
 within his District all and singular the powers, authority, and juris- 
 diction heretofore possessed by a Sub-Commissary of Taxation, and all 
 and singular the powers, authority, and jurisdiction heretofore possessed 
 by a Commissary of Taxation, whether in his special capacity as such 
 Commissary, 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 Commissary or Sub-Commissary of Taxation 
 under or by virtue of any Ordinance in force previous and up to the 
 commencement of this Ordinance. 
 
 8. Whenever in any such Ordinance, or in any bond, contract, or 
 other writing, the expression "Commissary of Taxation," or "Sub- 
 Commissary of Taxation," or " District Inspector," or any other 
 expression of the like import is used, the same shall be held and 
 taken to mean " District Commissary of Taxation" for all the purposes 
 of this Ordinance, 
 
 9. All seizures and prosecutions for fines, penalties and forfeitures 
 which might have been made by a Commissary or Sub-Commissary of 
 Taxation under or by virtue of any Ordinance in force previous and 
 up to the commencement of this Ordinance may be made by the Dis- 
 trict Commissary of Taxation for the District in which the seizure may 
 be made or the cause of action may arise. 
 
 ORDINANCE No. 1 OF 1874. 
 
 A. D. 187 4. An Oedinance to provide for the Better Maintenance 
 * of the Tapacooma Lake and the Works connected 
 
 therewith. 
 
 [11th July, 1874.] 
 
 WHEREAS in the year one thousand eight hundred and twenty- 
 eight the Tapacooma Lake, and the various canals and locks 
 ijonnected therewith, situated in the County of Essequebo, were 
 formed and estaVjlished by the private enterprise, and joint action of the 
 Proprietors of Plantations Anna liegina, Henrietta, Hichmond, La Belle,
 
 A.D. 1874.] TAPACOOMA LAKE. [No. 1. 461 
 
 Alliance, Lima, Coffee Grove, Fear Not, Sparta, and Catherine Eliza- 
 beth and No. 1 (now known as Windsor Castle), at a cost to themselves 
 of twelve thousand pounds sterling ; 
 
 And whereas on the 3rd day of June, 1828, a certam agreement was 
 entered into by the proprietors of the said plantations for the proper 
 maintenance, management, and control of the said Lake and Works 
 connected therewith ; 
 
 And whereas it was then agreed that the immediate control of the 
 said Lake and Works should be left with two persons who should be 
 appointed by His Excellency the Governor for the time being and be 
 styled Commissai'ies, to whose decision and control they, the said 
 proprietors of the said plantations, bound themselves to submit, and 
 whom they then agreed to furnish with the necessary funds for the 
 proper maintenance and management of the Lake and the Works 
 connected therewith ; 
 
 And whereas at a meeting of the said proprietors held on the 28th 
 day of September, 1828, it was resolved, ascertained, and determined 
 that the said sum of twelve thousand pounds had been contributed in 
 the following way, that is to say, two thousand pounds of the said 
 twelve thousand pounds had been contributed by Plantations Richmond, 
 La Belle Alliance, and Lima, and that the remaining ten thousand 
 pounds had been contributed in the following proportions, that is to 
 say,— 
 
 Plantation Anna Regina 
 
 Do. Henrietta 
 
 Do. Michmond 
 
 Do. La Belle Alliance . 
 
 Do. Lima . . » 
 
 Do. CoJ'ee Grove . 
 
 Do. Fear Not 
 
 Do. Sparta . 
 
 Do. Catherine Elizabeth and No. 1 
 
 And whereas it was further resolved, at the said last-mentioned 
 meeting, that any of the other plantations lying to the north or south 
 of the several plantations hereinbefore mentioned wishing to share in 
 the benefits to be derived from the said Lake and the works connected 
 therewith should be allowed to do so on paying the sum of eight 
 pounds for each rood of its fa9ade, the said sum being ascertained to 
 be the average sum expended by the said plantations in and about the 
 said works ; 
 
 And whereas it was also agreed that all sums to be so received 
 should be distributed in the proportion in which the money expended 
 in the said works had been provided, but that the said sum of two 
 thousand pounds should first be paid to the proprietors of Plantations 
 Richmond, La Belle Alliance, and Lima ; 
 
 And whereas the said Lake and the works connected therewith have 
 continued to the present time and have proved to be of great public 
 utility ; 
 
 And whereas during the time the plantations hereinbefore men- 
 tioned were in the hands of and belonged to the proprietors who were 
 parties to the said agreements, the teruis thereof were faithfully and 
 honourably fulfilled, but, since the death or absence of the said pro- 
 prietors, the terms and conditions of the said agreements have not 
 been strictly carried out ; 
 
 And whereas it is desirable that the agreements so made and entered 
 into should be sanctioned by law, and the proper maintenance, manage- 
 
 22i 
 
 per cent 
 
 5i 
 
 do. 
 
 lOf 
 
 do. 
 
 14f 
 
 do. 
 
 17 
 
 do. 
 
 9t 
 
 do. 
 
 5^ 
 
 do. 
 
 6 
 
 do. 
 
 8| 
 
 do.
 
 462 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1874. 
 
 ment, and control of the said Tapacooma Lake and the works connected 
 therewith be properly provided for : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 1 . This Ordinance may be cited as the Tapacooma Lake Ordinance, 
 
 1874. 
 
 Maiiagem.eut 
 of the Tapa- 
 cooma Lake 
 and works 
 connected 
 therewith. 
 
 Nonimation 
 of the 
 Commissaries. 
 
 Votes of 
 proxjrietors of 
 plantations. 
 
 Approval of 
 nomination. 
 
 Term of office 
 of Commis- 
 saries. 
 
 Procedure 
 ui case of 
 vacancy. 
 
 Mode of 
 voting. 
 
 2. The Tapacooma Lake and the various locks, sluices, and canals 
 connecting the said Lake with the various plantations in communica- 
 tion therewith, and all the dams and banks of the said Lake, locks, 
 sluices, and canals, shall be under the management, care, custody, and 
 control of two Commissaries, who shall be styled the Commissaries of 
 the Tapacooma Lake, and who shall be chosen and appointed in the 
 manner hereinafter provided. 
 
 3. The proprietors of all the plantations connected with the said 
 Lake and including Plantation La Belle Alliance, southward, shall 
 nominate a fit and proper person to be one Commissary, and the pro- 
 prietors of all the plantations connected with the said Lake from and 
 including Plantation Lima, northward, shall nominate some fit and 
 proper person to be the other Commissary, 
 
 4. The projDrietors of each plantation shall have one vote for each 
 one hundred roods fagade of their plantation, and the person having 
 the largest number of votes in his favour shall be considered to be 
 the person nominated as Commissary : Provided always that if the 
 number of the roods of the fagade of a plantation is not divisible by 
 one hundred, without leaving a remainder, the proprietors of the 
 plantation shall be entitled to an extra vote, if such remainder exceeds 
 fifty. 
 
 5. No person so nominated shall be deemed to be a Commissary 
 until the nomination has been approved of by the Governor-in-Council ; 
 and in the event of the Governor-in-Council not approving of any 
 nomination submitted to them, the proprietors of the plantations 
 having to nominate shall proceed to make a fresh nomination. 
 
 6. The Commissaries shall hold office for two years from the date of 
 their appointment, and shall be eligible for re-election. 
 
 7. — (1.) Whenever a vacancy occurs, the other Commissary, or if he 
 refuses or neglects to act, or if there is none, then, on the written ap- 
 plication of any proprietor interested, the Government Secretary shall, 
 by a written notice to be left with the person in charge of the planta- 
 tion, recjuire the proprietors of each plantation entitled to vote to meet 
 at a time and place within the district to be named by him, not less 
 than ten days and not more than fifteen days after the date of such 
 intimation, and then and there to nominate a person to be Commissary. 
 (2.) If no person is nominated at the time and place so appointed, 
 then the Governor-in-Council may appoint any suitable person to be 
 Commissary of the said Lake. 
 
 8. Votes for the nomination of a Commissary may be given in 
 writing, and may be given either by the proprietor or his duly con- 
 stituted attorney, and it shall not be necessary for the proprietor or
 
 A.D. 1874.] 
 
 TAP AC 00 MA LAKE. 
 
 [No. 1. 
 
 463 
 
 his attorney to be personally present at any meeting for the nomination 
 of a Commissary. 
 
 9, The Commissaries so nominated and approved shall have full Powers of the 
 power and authority to maintain and keep in thorough order, elliciency, Commissaries, 
 and repair the said Lake and all works connected therewith, as well 
 including all locks, sluices, dams, and banks as otherwise, and shall 
 have full power and authority to regulate the flow of water from the 
 said Lake to the said plantations, and to put and keep the canals and 
 dams leading from the said Lake to the said plantations in pi-oper 
 order ; and for the purposes aforesaid they are authorized and 
 empowered to expend and lay out all the sums of money that may be 
 necessary therefor which may be obtained or recovered as hereinafter 
 provided : Provided always that it shall not be lawful for the said 
 Commissaries to- expand for any one work any sum exceeding five 
 hundred dollars without the sanction of a majority of votes for the 
 proprietors to be given at any meeting, of which not less three days' 
 notice shall be given by the Commissaries or either of them. 
 
 10. All sums of money expended by the said Commissaries in or Apportionment 
 , , ,, . , . . '' ^ . 1 • 1 • of expense of 
 
 al)Out the maintaining, management, working, or keeping up or 
 
 improving the said Lake, and the locks, sluices, canals, or dams 
 connected therewith, shall be apportioned amongst the different plan- 
 tations interested in proportion to the number of the roods of their 
 fa9ade : Provided always that the expenses connected with the Rich- 
 mond lock and the canals connecting it with the said Lake shall be 
 borne exclusively by the plantations lying to the south of the Lima 
 fresh-water canal, and that the expenses connected with the Lim,a 
 sluice and the canals connecting it with the said Lake shall be borne 
 by Plantation Li7na and the plantations lying to the north of the said 
 Lim,a fresh- water canal. 
 
 niauitaming 
 the Lake and 
 works. 
 
 Recovery of 
 moneys 
 required or 
 
 11. — (L) All sums of money required or expended by the Commis- 
 saries as aforesaid shall be recoverable from the several plantations by 
 parate execution at the instance of the said Commissaries or of one of expended for 
 them. maintenance. 
 
 (2.) A statement signed by the said Commissaries or one of them 
 of the amount required or due by a plantation shall, without proof of 
 the signatures or signature, be prim,d facie evidence of the fact that 
 the said amount is so required or due, and also that it is recoverable 
 against the said plantation by parate execution. 
 
 12. All legal proceedings that may be necessary for the proper Legal 
 preservation and maintenance of the said Lake, and of the locks, F.°f^g "^^ 
 sluices, dams, or works connected therewith, or for the due exercise or Commissaries, 
 carrying out of the powers, authorities, or duties granted to or imposed 
 on the said Commissaries, may be instituted and carried on by the said 
 Commissaries, or by either of them, in their or his capacity as such 
 Commissaries or Commissary. 
 
 13. — (L) It shall be lawful for the said Commissaries to impose on Power to 
 
 all persons using the said Lake, locks, sluices, canals, or dams, other jj^'/eesfrom^ 
 
 than the proprietors of the plantations maintaining the said Lake or strangers using 
 
 works, their servants or agents, such tolls or fees as the Governor and the Lake and 
 
 . . woi'ks 
 
 Court of Policy may from time to time sanction and approve. 
 
 (2.) For the more effectual recovery of such tolls or fees, it shall 
 be lawful for the said Commissaries, by themselves or either of them,
 
 464 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1874. 
 
 or by their servants or agents, to detain all craft, timber, or other 
 articles carried or conveyed over, along, in, or upon the said Lake, 
 locks, sluices, or canals, until such tolls or fees are paid, 
 
 (3.) Every person, not being entitled to use the said Lake, locks, 
 sluices, or canals, who attempts to go or goes 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. 
 
 (4. ) In every such case it shall be sufficient to state that the land 
 was the land of the Commissaries of the Tapacooma Lake, and to prove 
 that the place in question was under their management or control. 
 
 Eegiilation of 
 quantity of 
 water to be 
 dra^vii by eaoh 
 plantation. 
 
 Penalty on 
 manager of 
 plantation 
 drawing laore 
 water than 
 allowed by the 
 Commissaries. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 See Ordinance 
 No. 13 of 1893. 
 
 Right of 
 proprietors of 
 neighbouring 
 plantations to 
 participate in 
 benefits of the 
 Lake on certain 
 terms. 
 
 14. It shall be lawful for the said Commissaries, whenever it may 
 appear to them to be necessary to do so, to regulate and determine 
 the quantity of water to be drawn from the said Lake by each of the 
 plantations connected therewith in each day of twenty-four hours, and 
 for that purpose to determine the time during which the kokers, 
 sluices, or tunnels of the said several plantations shall remain open or 
 shut on each day : Provided always that the said Commissaries shall 
 permit the kokers, sluices, or tunnels on the said several plantations to 
 remain open for such periods respecbively in each day as, taking into 
 consideration the size of such kokers, sluices, or tunnels, will allow each 
 of the said plantations to draw in each day an equal quantity of water 
 for each rood of its fa9ade. 
 
 15. — (L) The manager or person in charge of any plantation con- 
 nected with the said Lake on which the koker, sluice, or tunnel remains 
 open beyond the time determined or allowed by the Commissaries or 
 when they differ, by the Governor-in-Council, shall be guilty of an 
 offence, and, being convicted thereof, shall be liable to pay a penalty 
 of fifty dollars for every hour or part of an hour during which such 
 koker, sluice, or tunnel so remains open after the expiration of the 
 time so determined or allowed as aforesaid. 
 
 (2.) Every complaint for any such offence may be made by any 
 person before the Stipendiary Magistrate of the District in which such 
 plantation is situated, who shall have full power to hear and determine 
 the same, and the procedure shall be that provided by any Ordinance 
 for the time being in force regulating procedure before Stipendiary 
 Magistrates in the exercise of their summary jurisdiction, and shall be 
 subject to the appeal provided by any Ordinance for the time being in 
 force regulating appeals from the decisions of Stipendiary Magistrates. 
 
 16. The proprietors of any plantation not now connected with the 
 said Lake desiring to participate in the benefits to be derived there- 
 from shall be permitted to do so on making, at their own cost, all the 
 works necessary to bring the said plantation into communication with 
 the said Lake, and on paying to the other plantations now connected 
 therewith a sum equal to thirty-eight dollars and forty cents, or eight 
 pounds sterling, nmltiplied by the number of the roods of the fagade 
 of the said plantation, and all sums so paid shall be distributed amongst 
 the said several plantations in manner following, that is to say, — The 
 first sums received shall be paid to Plantations Lima, La Belle Alliance, 
 and Richmond, that is to say, one-half to Plantation Lim,a and one- 
 fourth each to Plantations La Belle Alliance ami Richmond, until the 
 first-named plantation has received one thousand pounds and the two 
 last-named plantations five hundred pounds each, and all sums so
 
 A.D. 1875.] PUBLIC HOLIDAYS. [No. 1. 465 
 
 received after the said sura of two thousand pounds has been so re-paid 
 shall be divided in the following proportions, namely, — 
 
 Plantation Anna llegitia ..... '22\ per cent. 
 
 Do. Henrietta ...... b\ do. 
 
 Do. Michmond . . . . . .10^^ do. 
 
 Do. La Belle Alliance 14| do. 
 
 Do. Lima ....... 17 do. 
 
 Do. Coffee Grove 9^ do. 
 
 Do. Fear Not 5| do. 
 
 Do. Sparta 6 do. 
 
 Do. Catherine Elizabeth and No. 1 . . 8| do. 
 
 17. — (1.) The proprietors of any plantation desiring so to partici- Submission for 
 pate shall be bound to submit to the Governor-in-Council a plan of the p|!fn°(,f ,ro 
 proposed canals, locks, sluices, dams, and works requisite for bringing posed connect- 
 such plantation into Cdmmunicatiou with the said Lake, and shall not ing works, 
 commence any such canals, locks, sluices, dams, or works until the plan 
 thereof has been so approved, and all such canals, locks, sluices, dams, 
 and works must be made and executed to the satisfaction of the 
 Commissaries. 
 
 (2.) In the event of any plantation, or part of a plantation, not 
 now connected with the said Lake being added or joined to, or worked 
 with, a plantation now coiuiected therewith, the plantation so pre- 
 viously connected shall not be entitled to draw any greater quantity 
 of water from the said Lake than it was entitled to before such plan- 
 tation or part of a plantation was so added or joined thereto or worked 
 therewith, unless all the requirements of this and the last preceding 
 section have been complied with in respect to the plantation, or part 
 of a plantation, so added, joined or worked. 
 
 18. In the event of the two Commissaries not being able to agree Settlement of 
 as to the mode in which their duties ought to be performed, or as to w^'^^"''tv, 
 the work required to be done, or as to the quantity of water to be Commissaries, 
 allowed to any plantation, they are hereby required to lay the matter 
 before the Governor-in-Council, whose decision shall be final. 
 
 ORDINANCE No. 1 OF 1875. 
 
 An Ordinance to make provision for Public Holidays, a. d. i87 5. 
 and respecting Obligations to make Payments and as to uiis of 
 do other Acts on such Public Holidays. s^foX^ffce 
 
 ^ ^ , , ^ , - -■ i\"o. 13 o/" 1891 
 
 [27th ]\Iarch, 1875.] 
 
 WHEREAS it is expedient to make provision for rendering the 
 day after Christmas Day, and also certain other days, Public 
 Holidays, and for enabling Public Holidays to be appointed by 
 Proclamation : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Public Holidays Ordinance, Short title. 
 1875.
 
 466 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1875. 
 
 Certain days 
 to be Public 
 Holidays. 
 
 Schedule. 
 
 Making of 
 papiient on 
 Public Holiday. 
 
 Power to ap- 
 point Special 
 Public Holiday. 
 
 Power to alter 
 day apointed 
 for Public 
 Holiday. 
 
 2. After the commencement of this Ordinance, the several days 
 mentioned in the Schedule to this Ordinance (and which days are 
 hereinafter referred to as Public Holidays) shall be kept as close holi- 
 days in all the public offices and in all banks in this Colony. 
 
 3. — (1.) No person shall be compellable to make any payment or to 
 do any act upon such Public Holidays which he would not be com- 
 pellable to do or make on Christmas Day or Good Friday. 
 
 (2.) The obligation to make such payment and do such act shall 
 apply to the day following such Public Holiday ; and the making of 
 such payment and doing of such act on such following day shall be 
 equivalent to payment of the money or performance of the act on the 
 holiday. 
 
 4. It shall be lawful for the Governor-in-Council from time to time, 
 as he may see fit, to appoint a special day to be observed as a 
 Public Holiday, and any day so appointed shall be kept as a close 
 holiday throughout this Colony and in all public offices and in all banks 
 in this Colony. 
 
 5. It shall be lawful for the Governor-in-Council in like manner, 
 from time to time, when it is made to appear to him in any special 
 case, that in any year it is inexpedient that a day by this Ordinance 
 appointed for a Public Holiday should be a Public Holiday, to declare 
 that such day shall not in such year be a Public Holiday, and to 
 appoint such other day as to him may seem fit to be a Public Holiday 
 instead of such day, and thereupon the day so appointed shall in such 
 year be substituted for the day so appointed by this Ordinance. 
 
 Section 2. 
 
 SCHEDULE. 
 Public Holidays. 
 
 The First of January, if a week-day. , 
 
 Easter Monday. 
 
 The Monday in Whitsun "Week. 
 The First Monday in August. 
 
 The Twenty-sixth day of December, if a week-day, but if the Twenty-sixth day 
 falls on a Sunday, then the Twenty-seventh day of December. 
 
 A.D. 1875. 
 
 -^ — * — 
 
 Ordinance 
 No. 13 of 1894 
 s. 3 (10.) 
 incorporated. 
 
 ORDINANCE No. 2 OF 1875. 
 
 An Ordinance for the purpose of enabling Fresh Water 
 to be conveyed to New Amsterdam through Pipes 
 placed along the Public Road, and for other 
 purposes. 
 
 [15th May, 1875.] 
 
 WHEREAS it has been determined to supply the Town of New 
 Amsterdam with water for drinking and other purposes from 
 the Caiijo Creek ; 
 And whor(!as licences of occupancy of certain strips of Crown Lands 
 lying between the said Creek and the said Town have been granted to 
 the Board of Superintendence thereof for a water-way ;
 
 A.D. 1875.] 
 
 N. A. WATER-WAY. 
 
 [No. 2. 
 
 467 
 
 And whereas it is expedient and necessary to connect such water- 
 way with the said Town by means of pipes laid along the puVjlic road 
 running, at the commencement of this Ordinance, from the Ketting 
 between Plantations Loc/iaber and Vrylceid to the Town of New 
 Amsterdam : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Folic}'- thereof, as follows : — 
 
 1. This Ordinance may be cited as the New Amsterdam Water-Way Short title. 
 Ordinance, 1875. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 "The Town" means the Town of New Amsterdam : 
 
 "The Board" means the Board of Superintendence of the Town 
 of New Amsterdam : 
 
 "Public road" means the public highway running from the Ket- 
 ting between Plantations Lochaher and Vryheid to the Town, 
 through Plantations Vryheid, Caraccas, and Mount Sinai, 
 through certain lands belonging to the Town and rented to 
 Plantation Smythfield, and through the Savannah Lands belong- 
 ing to the Town, as such public highway is required to be 
 maintained by the Road Ordinances of the Colony or by any 
 Proclamation published thereunder, and including any footpath 
 and any bridge, and any adjacent land forming part of such 
 public highway ; 
 
 " Pipe " means any long and hollow body, whether cylindrical or 
 otherwise : 
 
 " Pipes " includes 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 apparatus and appliances whatsoever 
 connected with such pipes within the limits of the public road : 
 
 " Road Commissioners " means the Board of Road Commissioners, 
 or any other body, officer or person having, under or by virtue 
 of any Ordinance for the time being in force, the control of the 
 public road : 
 
 "Commissary" means the Commissary of Taxation for the District, 
 and includes also any other person whom the Governor may 
 invest with any of the powers, or appoint to perform any of the 
 duties, assigned by this Ordinance to the Commissary : 
 
 " The Secretary " means the person duly appointed to act as 
 Secretary to the Board, whether permanently or j^ro tempore : 
 
 " Persons " includes corporations, aggregate or sole : 
 
 Plural terms include the singular, and vice versa. 
 
 Interpretation 
 of terms. 
 
 See noto 
 Ordinance 
 No. 8 0/1891. 
 
 See Ordinance 
 No. 13 of 1905. 
 
 Rights of Water- Way. 
 
 3. The Board shall be allowed to make use of so much of the public Use of public 
 road as may be necessary for the purposes of their undertaking. ''°'^^- 
 
 4. For the purposes of this Ordinance, the Board may open and ^^^^^^^ loaT^" 
 break up the public road, and may place pipes in, under, or along 
 
 the same ; and may at any time alter the position of any pipes, or 
 rene*', repair, relay, or remove the same.
 
 468 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : A.D. 1875. 
 
 Power to place 
 pipes across 
 trenches, etc. 
 
 Approval of 
 placing of 
 pipes. 
 
 Conditions of 
 exercise of 
 powers. 
 
 5. The Board may place and maintain pipes, under, over, along, 
 or across any trench, canal, or water-way which may intersect or lie 
 adjacent to the public road, and upon, under, over, along, or across 
 any bridge forming j^art of the public road. 
 
 6. All pipes placed, laid, or relaid by the Board under the provisions 
 of this Ordinance shall be placed and maintained in such position as 
 may be approved by the Governor-in-Council. 
 
 7. — (1.) In the exercise of the powers conferred upon them by this 
 Ordinance, 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 interefere in any way .with the free use by 
 the persons interested of any navigation or draining or other trench, 
 canal, or water-way ; and shall cause as little detriment or inconveni- 
 ence as circumstances admit to the persons to or by whom the said 
 trench, canal, or water-way belongs or is used, and shall do as little 
 damage as may be. 
 
 (2.) In case of the proprietors or lessees of the land adjacent to 
 the public road digging, making, or using any new trenches, canals, 
 or water-ways, 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 water-ways. 
 
 (3.) 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, and the amount of such compensation shall be 
 determined by the Governor-in-Council in such way as he may deem 
 most feasible and equitable, and his decision shall be final. 
 
 Limitation of 8. The Board shall not acquire or have any right other than that of 
 
 right to user of the user only in the soil of the public road in, under, or along which 
 pu J c roa . they may place their pipes, or in the soil of any trench, canal, or water- 
 way under, over, along or across which, or in or to any bridge upon, 
 under, over, along, or across which they may place their pipes. 
 
 9. The Board shall not sell, transfer, or lease any of their rights 
 under this Ordinance without the consent previously obtained of the 
 Governor-in-Council. 
 
 Prohibition of 
 sale, etc., of 
 right, without 
 consent. 
 
 Eemoval of 10. If at any time hereafter the line or level of any portion of the 
 
 pipes in case of public road in, under, upon, over, along, or across which any pipes of 
 alteration of ^j^g Board are placed is altered, the public road as so altered shall be 
 and be deemed to be the public road for the purposes of this Ordinance ; 
 and the Board shall be bound, on receiving one month's notice in writing 
 from the Commissary of such alteration, at their own expense, with all 
 convenient speed, to remove such pipes, and to replace the same in 
 such position as may be required by the Commissary : or, in case of 
 difierence between the Board and the Commissary, in such position in 
 all respects as may be determined on by the Governor-in-Council. 
 
 Notice to be 
 given before 
 opening road. 
 
 Execution of Works. 
 
 1 1. Before opening or breaking up the public road, the Board shall 
 give notice to the Commissary of their intention to open or break up
 
 A.D. 1875.] 
 
 N. A. WATER-WAY, 
 
 [No. 2. 
 
 469 
 
 such public road, specifying the time at which they will begin ; and 
 such notice sIkiH be given ten days at least before the commencement 
 of the work, except in case of emergency, in which case notice of the 
 work proposed to be done shall be given as soon as may be after the 
 commencement thereof. 
 
 1 2. The Board shall complete the work on account of which they Execution of 
 may open or break up the public road with all convenient speed, and ^'o^j^. f'^r winch 
 shall carry away all rubbish occasioned thereby, and shall fill in the opened, 
 ground and make good the surface, and generally restore the public 
 
 road to as good a condition as that in which it was before being opened 
 or broken up. 
 
 13. While such works are in progress the Board shall cause that Fencing, etc., 
 part of the public road which is opened or broken up by them to be of work m 
 securely fenced, to be properly watched by day, and to be properly ^ '^ ' ' 
 lighted and watched at night. 
 
 14. If the Board fail to comply with any of the preceding provisions Failure to 
 with respect to the opening and breaking up of the public road, the comply with 
 Commissary forthwith, at the expense of the Board, shall make good the pj-ovisiwis with 
 parts of the public road opened or broken up, and not properly restored, respect to user 
 and shall provide the necessary fencing, lighting, and watching, and "^ 1'^^^^^'^ ™*'^- 
 the expenses thereby incurred shall be recoverable from the Board 
 
 in any Court of Justice having jurisdiction by the Commissary suing 
 in his official capacity. 
 
 Ojffences and Procedure. 
 
 Offences under 
 the Ordinance. 
 
 15. Every person who — 
 
 (1.) Wilfully injures, or does any act tending to injure any pipe 
 placed by the Board under the provisions of this Ordinance ; 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 conversance, collection, or preservation of the fresh water 
 to be supplied to or forced through the pipes so placed ; or any 
 such canal or reservoir ; or 
 
 (2.) Wilfully throws or puts, or causes to be thrown or put, into any 
 such pipe, canal, or reservoir, any dirt, filth, dead animal or other 
 matter tending to contaminate or corrupt the water ; or 
 
 (3.) Commits any nuisance on, or bathes or washes any clothes in, 
 any such canal or reservoir ; or 
 
 (4.) Without the permission of the Board, makes or causes to be 
 made any cut or opening in or through any dam of any such canal 
 or reservoir, or places or constructs, or causes to be placed or con- 
 structed, in or upon any such canal or reservoir, or in, upon, or 
 through any dam thereof, or inserts in any pipe, any pump, sluice, 
 pipe or contrivance whatever to be used, or capable of being 
 used, for the purpose of drawing off the water contained in any 
 such sluice, pipe, or reservoir, 
 
 shall be guilty of an offence under this Ordinance. 
 
 16. Every offence under this Ordinance may be tried by any Procedure, 
 Stipendiary Magistrate, in manner and form prescribed by any Ordinance p^'^^lti'es"^
 
 470 
 
 No. 2.] THE LAWS OF BRITISH GUIANA : [A.D. 1875. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 See Ordinance 
 Ao. 13 0/1893. 
 
 for the time being in force regulating procedure before Stipendiary 
 Magistrates in the exercise of their summary jurisdiction, subject to the 
 appeal provided by any Ordinance for the time being in force regulating 
 appeals from the decisions of Stipendiary Magistrates ; and, on being 
 convicted, the offender shall, in the case of bathing, pay a penalty not 
 exceeding ten dollars, and in all other cases not exceeding ninety-six 
 dollars. 
 
 Making of 
 compensation 
 for damage by 
 person 
 convicted. 
 
 Laying of 
 property. 
 
 Mode of carry- 
 ing on legal 
 proceedings. 
 
 Service of 
 process. 
 
 17. Every offender so convicted shall, in addition, pay all reasonable 
 expenses incurred by the Mayor and Town Council in replacing, 
 repairing, or making good the injury of causing which he has been 
 convicted ; and such expenses shall be recoverable by the Board in any 
 Court of Justice having jurisdiction, and a certificate of the conviction 
 purporting to be signed by the Magistrate who tried the case, or, in the 
 event of his death or absence from the Colony, by any other Magistrate, 
 and an account of the expenses so incurred, purporting to be certified 
 by the Secretary, shall, taken together, be sufficient proof to establish 
 primd facie the liability of the defendant. 
 
 18. In all legal proceedings by, or on the part of, or against the 
 Board, it shall be sufficient to state generally that the pipe, machinery, 
 building, dam, sluice, canal, reservoir, or other property in question is 
 the property of the Board. 
 
 19. All legal proceedings under this Ordinance by, or on the part of, 
 or against the Board shall be preferred, instituted, defended, or carried 
 on in the name of the Secretary ; and no proceedings whatever shall 
 abate or be discontinued by reason of the death, resignation, removal, 
 or other disability of the Secretary for the time being, or by reason of 
 any change in the Board by death, resignation or otherwise. 
 
 20. Service on the Secretary shall be and be deemed to be service 
 on the Board. 
 
 Execution of 
 documents. 
 
 Onus of proof 
 as to oilicial 
 capacity. 
 
 Protection of 
 person acting 
 under the 
 Ordinance. 
 
 No. 2 of 1850. 
 
 2 1 . All documents whatsoever proceeding from the Board under 
 this Ordinance shall be signed by the Secretary, he being first duly 
 authorized thereto by resolution of the Board. 
 
 22. In legal proceedings under this Ordinance, it shall not be neces- 
 sary for the plaintiff" or complainant to prove that any person who may 
 have done any act as in an official capacity was duly authorized so to 
 act, but it shall be competent for the defendant or the accused to prove 
 that such person was not duly authorized. 
 
 23. The Board, and each and every member thereof, and each and 
 every servant thereof, and each and eveiy person acting under the 
 direction of the Board shall, with respect to all matters and things 
 done or intended to be done under this Ordinance, be entitled to the 
 benefit and protection of the Justices Protection Oi'dinance, 1850.
 
 A.D. 1875.] PUBLIC OFFICERS (PENSIONS). [No. 3. 
 
 471 
 
 A.D. 1875. 
 
 ■♦ — 
 
 nance 
 No. 13 of 1894, 
 s. 3 (ll!) 
 
 ^ordinancp: no. 3 of 1875. 
 
 An Ordinance to provide for the Payment of Pensions 
 
 and Retiring Allowances to the Public Servants of ordi: 
 the Colony. 
 
 [24th March, 1876.] "incorporated. 
 
 WHEREAS by the Superannuation Ordinance of 1860 provision 
 was made for the payment of superannuation or retiring allow- 
 ances to tlie public servants of the Colony by an abatement at 
 the rate of four dollars per cent, per annum from their salaries or 
 official incf)mes ; 
 
 And whereas at the Annual Meeting of the Combined Court it n-as, 
 on the 29th day of May, 1871, resolved, "that the present abatement 
 from the salaries of public officers for superannuation allowance shall 
 in future form a fund for providing pensions for the widows and 
 children of deceased public officers," and "that the superannuation 
 allowances to public officers under the existing system shall be con- 
 tinued without any abatement from the salaries for that purpose ; " 
 
 And whereas, by other Resolutions of the said Combined Court, it 
 was, on the 29th day of May, 1873, and on the 11th and 22nd days of 
 June, 1875, further resolved that pensions and retiring allowances 
 should be paid to public officers of the amount and on the conditions 
 hereinafter contained : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Public Officers (Pensions) Short title. 
 Ordinance, 1875. 
 
 Rates of Pension. 
 
 2. Every public servant at the commencement of this Ordinance 
 holding any of the offices named in the Civil List Ordinance or de- 
 scribed in the Annual Estimates as Fixed Establishments of the Ct>lony, 
 and drawing a salary of one hundred and forty-four dollars and upwards, 
 shall be entitled to a pension calculated at the rate of one-fiftieth of 
 the annual salary of the office he may hold at the time of his retiring 
 or becoming superannuated for each year he may have been in the 
 public service up to thii*ty-five years ; but no addition shall be made 
 in respect of any service beyond thirty-five j-ears : Provided always 
 that the public offices before referred to shall be taken to include all 
 offices or aj^pointments the holders of which have become entitled to 
 superannuation allowances under the Superannuation Ordinance of 
 1860. 
 
 3. Every public servant entering tlie public service after the com- 
 mencement of this Ordinance and holding any of the offices named in 
 the Civil List Ordinance or described in the Annual Estimates as Fixed 
 Establishments of the Colony, and drawing a salary of one hundred 
 and forty-four dollars and upwards, shall be entitled to a pension 
 
 Rate of pension 
 to officers now 
 liolduig office. 
 
 Rate of pension 
 to officer 
 entering service 
 hereafter. 
 
 ^ Repealed by Ordinance No. 11 of 1903, s. 28, but its effect saved as to officers 
 appointed before the 1st April, 1897, by ss. 26, 27 and 28,
 
 472 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1875. 
 
 calculated at the rate of one-fiftieth of the average annual amount such 
 public servant may have received for the three years last preceding 
 the time when he retires or becomes superannuated for each year he 
 may have been in the public service up to thirty-five years ; but no 
 addition shall be made in respect of any service beyond thirty-five 
 years. 
 
 Service and iige 
 necessaiy to 
 entitle to 
 pension. 
 
 Exception of 
 the Police 
 Force. 
 
 Maimer of 
 calculating ser- 
 vice of officer. 
 
 Extension of 
 benefits of the 
 Ordinance to 
 fifficcrs who 
 did not con- 
 tribute to the 
 Superannua- 
 tion Fund. 
 
 Qualifications for Pension. 
 
 4. — (1.) No public servant shall be entitled to retire from the public 
 sevrice of the Colony on a pension under the provisions of this 
 Ordinance unless he has been ten years in the service of the Colony, 
 and no public servant under the age of fifty-five years shall be entitled 
 so to retire unless it is pi'oved, to the satisfaction of the Governor-in- 
 Council, that such public servant is incapable from infirmity of mind 
 or body to discharge the duties of his office, and that such infirmity is 
 likely to be permanent. 
 
 (2.) Every Judge of the Supreme Court shall after ten years' 
 service be entitled to a pension of fifteen-fiftieths of his salary, and for 
 each succeeding year of service to an addition of one-fiftieth of his 
 salaiy up to thirty years' service ; but no addition shall be made in 
 respect of any service beyond thirty years, nor shall the pension of any 
 such Judge, in respect of the whole of his service in any capacity in the 
 Colony, exceed thirty-five-fiftieths of his salary. (Amd. 12 of 1895, 
 s. 3 (5). ) 
 
 5. The privates and other members of the Police Force, except the 
 Inspector General, Inspectors, and Clerks, shall not come under the 
 provisions of this Ordinance. 
 
 6. The service in respect of which any pension or retiriiig allowance 
 shall be calculated under the provisions of this Ordinance must be con- 
 tinuous except when the officer has been absent from the performance 
 of the duties of his office with the permission of the Government ; and 
 the service of every public servant shall, for the purposes of this 
 Ordinance, be taken to commence from the date of his first permanent 
 appointment to any ofiice under the Government, save and except as 
 regards the special pensions to the Judges of the Supreme Court 
 hereinbefore provided, and further save and except as hereinafter 
 provided. 
 
 7. The service of public servants heretofore and still in the service 
 of the Colony who, being in receipt of salaries exceeding six hundred 
 dollars per annum, did not, by failing to contribute to the Superannua- 
 tion Fund, become entitled to pensions under the Superannuation Or- 
 dinance of 1860 establishing such Superannuation Fund, shall, for the 
 purposes of this Ordinance, to be taken to commence from the 1st day 
 of June, 1871 : Provided always that every such public servant may, 
 if lu! thinks fit, pay to the Receiver General or the Assistant Receiver 
 General, either in cash or in thirty-six equal monthly instalments, 
 a sum equal to two per cent, upon the salary or official income received 
 by him during his past service up to the commencement of the Super- 
 annuation Ordinance of 1860, and a further sum equal tofour per cent, 
 upon the salary or ofiicial incftme received by him from the date of the 
 commencement of the said Ordinance up to the 1st day of June, 1871,
 
 A.D. 1875.] PUBLIC OFFICERS (PENSIONS). 
 
 [No. 3. 
 
 473 
 
 8. It shall be lawful for the Governor-in-Council to pay to any 
 public servant who, being the holder of an office in respect of which a 
 pension is granted by this Ordinance, may be constrained from infirmity 
 of mind or l)()dv to leave the public service before the completion oi the 
 period which would entitle him to such pension, such sum of money 
 by way of retiring allowance, as the Governor-in-Council may think 
 proper, not exceeding the amount of one month's salary or official 
 income of such office for each year of service : Provided that no such 
 retiring allowance shall l)e granted, except upon medical certificate, to 
 the satisfaction of the Governor-in-Council, that such public servant 
 is incapable from infirmity of mind or body to discharge the duties of 
 his office, and tliat such infirmity is likely to be j)ermanent. 
 
 9. Tf at any time any public servant is deprived of his office by 
 reason of the abolition thereof, it shall be lawful for the Governor-in- 
 Council to determine the terms upon which such public servant shall, 
 on appointment to some other office, be entitled to the benefit of the 
 provisions hereof in respect of the period for which he may have been 
 or shall be unemployed ; or, in the event of his not being again 
 employed in the public service, to determine what gratuity or pension, 
 if any, shall be granted to such public servant for the period during 
 which he has been in the public service of this Colony. 
 
 10. No public servant who has resigned his office or been dismissed 
 from the service, and no public servant who may hereafter resign or 
 be dismissed from his office for misconduct, shall be entitled to the 
 benefit of the provisions of this Ordinance. 
 
 1 1 . Every public servant who, after holding any office in this 
 Colony for the sjjace of five years and upwards, may have been, 
 subsequently to the 29th day of May, 1873, or who may hereafter be, 
 a^^pointed by His Majesty to any public office in any other part of 
 His Majesty's Dominions, shall be entitled, on his final retirement from 
 the service of His Majesty whether from infirmity or by reason of 
 his being superannuated, to demand and receive from the Govern- 
 ment of this Colony a pension, at the rate of one-fiftieth of the salary 
 or official income of the office last held by him in this Colony for 
 each year during which he may have been in the public service of 
 this Colony. 
 
 12. — (1.) In any case in which the income of a ^^ublic servant is 
 derived from fees, or partly from fees and salary, such public servant 
 shall, within fourteen days from the expiration of each quarter, 
 furnish the Receiver General with a certificate, under the hand of 
 the Auditor General, of the amount of fees received by him during 
 such quarter. 
 
 (2.) If any such public servant fails to furnish such certificate 
 within the space of fourteen days as aforesaid, he shall be deemed to 
 have forfeited all claim to any pension or retiring allowance in respect 
 of the fees of his office. 
 
 Power to tlie 
 Govenior-in- 
 Council to 
 (,'i'aiit retiring 
 iilluwauce b" 
 certain cases. 
 
 Provision in 
 case of abolition 
 of office. 
 
 Exclusion from 
 benefit of the 
 Ordinance in 
 consequence of 
 resignation or 
 dismissal. 
 
 Appointment of 
 officer to office 
 elsewhere. 
 
 Furnishing of 
 quarterly 
 certiticates by 
 officer paid 
 by fees. 
 
 Miscellaneoibs Provisions. 
 
 13. In all cases where any doubt may arise, the Governor-in-Council Settlement 
 
 shall have full power and authority to determine who shall be con- alisingllnder 
 
 sidered public officers of this Colony within the meaning of this the Ordinance. 
 VOL. I. 33
 
 474 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1875. 
 
 Ordinance, and to decide all questions which may arise in respect to 
 the period of service to be allowed in computing the claims of public 
 servants under this Ordinance, and likewise all questions which may 
 arise in respect to the retiring allowance or pension to be granted to 
 any officer whose official income may have been at any time or may 
 be derived from fees or partly from fees and salary, and also all other 
 questions of whatever nature which may arise in connexion with the 
 provisions of this Ordinance. 
 
 Power to the 14. The Governor shall have power, at any time after a public 
 
 Crovernor to servant has attained the age of sixty -five years and been ten years in 
 require officer -fi/-., -i ■ p 
 
 above 65 years the public service oi the Colony, to require such servant to retire irom 
 to retire. the public service under the provisions of this Ordinance 
 
 Payment of 15. All retiring allowances due and payable under the Superannua- 
 
 Superaimna- ^ioii Ordinance of 1860 shall hereafter be due and payable out of the 
 aiices. General Revenue of the Colony under this Ordinance. 
 
 OKDINANCE No. 4 OF 1875. 
 
 A.D. 1875. 
 
 - — ♦ — 
 
 Ordinance 
 No. 5 of 1894 
 8x. 3 and 7 and 
 No. 3 of 1894 
 incorjyorated . 
 See also 
 Ordinance 
 No. n of 1903. 
 
 Shoit title. 
 
 Vaccination 
 Districts. 
 
 See Ordinance 
 No. 5 of 1886. 
 
 Making of 
 regulations. 
 
 Appointment 
 and remunera- 
 tion of Pulilic 
 Vaccinators. 
 
 An Ordinance to make compulsory the Practice of 
 Vaccination. 
 
 [1st November, 1881.] 
 
 WHEREAS it is expedient for the protection of the public against 
 the disease of small pox that the practice of vaccination should 
 be made compulsory : 
 
 Be it therefore enacted by the Governor of British Guiana, with 
 the advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Vaccination Ordinance, 1875. 
 
 2. Tlie Medical Districts appointed under any Ordinance for the 
 time being in force relating to the Medical Department shall be 
 Vaccination Districts under this Ordinance. 
 
 3. The Governor may from time to time make regulations to secure 
 the efficient performance of vaccination and the provision and supply 
 of vaccine lymph from England, and shall appoint the stations and the 
 times at which each Public Vaccinator shall respectively attend for 
 the purpose of vaccinating persons. (Amd. 26 of 1903, s. 29.) 
 
 4. — (1.) The Governor may appoint one or more duly qualified 
 medical practitioners to be a Pu])]ic Vaccinator or Public Vaccinators 
 for any Vaccination District. 
 
 (2.) Where in any Vaccination District there are not a sufficient 
 number of duly qualified medical practitioners, the Governor, on the 
 reconmunidation of the Surgeon General, may appoint any proper 
 person or persons to be a Public Vaccinator, or Public Vaccinators, for 
 such District. 
 
 (3.) Every Public Vaccinator shall receive such fees for the per- 
 formance of vaccination in his District and of other duties connected 
 therewith as the Governor-in-Council may direct, and such fees shall
 
 A.D. 1875.] 
 
 VACCINATION. 
 
 [No. 4. 
 
 475 
 
 be pa3'able from such moneys as may be provided by the Combined 
 Court for purposes of vaccination: Provided that no Public Vaccinator 
 who is a Government Medical Ofticer shall receive any fee in respect 
 of the vaccination of any person who is a patient or inmate in any 
 hospital or institution under his charge or of which he is a Medical 
 Officer, or in respect of the vaccination of any immigrant on any estate 
 or plantation of which he is the Medical Oflficer. (3 of 1894, s. 3, amd. 
 26 of 1903, s. 17, and G of 1904, s. IG.) 
 
 Appointment, 
 duties, iind 
 remuneration 
 of Vaccination 
 Officers. 
 
 Direction of 
 Public Vacci- 
 nators and 
 Vaccination 
 Officers. 
 
 Duties of 
 
 PuLUc 
 
 Vaccinator. 
 
 5. — (1) The Governor may appoint for each Vaccination District 
 fit and proper persons to be Vaccination Officers in the District. 
 
 (2.) Every Vaccination Officer shall perform such duties in con- 
 nexion with vaccination as may be assigned to him by the Surgeon 
 General, with the sanction of the Governor. 
 
 (3.) Every Vaccination Officer shall receive such fees for the per- 
 formance of the duties assigned to him as the Governor-in-Council 
 may direct, and such fees shall be payable from such moneys as may 
 be provided by the Combined Court for purposes of vaccination. (3 of 
 1894, s. 4.) 
 
 6. The Public Vaccinators and Vaccination Officers shall, subject to 
 the authority of the Governor, act under the direction of the Surgeon 
 General. (3 of 1894, s. 5.) 
 
 7. The Public Vaccinators shall vaccinate all childi'en and other 
 persons who may be in attendance at the times and places so appointed 
 for the purpose of being vaccinated, and who may, in the opinion of 
 the Public Vaccinator, be in a state of health favourable for successful 
 vaccination, (s. 4.) 
 
 8. Every Registrar of Births and Deaths shall, on or within seven Giving of 
 days after the registration with him of the birth of a,nj child not already ri°H*^V'ld^"'^"t 
 vaccinated, give a notice according to the Form No. 1 contained in the be vaccinated. 
 Schedule to this Ordinance, or to the like effect, to the person giving Schedule : 
 the notice of birth to him, or to the father or mother, or to the person Form No. 1. 
 having the custody of such child, requiring such child to be duly vac- 
 cinated according to the provisions of this Ordinance, and specifying 
 
 the days, hours, and places when and where the Public Vaccinator of 
 the Vaccination District wherein such child resides will attend for the 
 purpose of performing the Vaccination, (s. 5.) 
 
 9. — (1.) The father or mother of every child born in this Colony 
 after the connuencement of this Ordinance, or, in the event of the 
 death, illness, absence, or inability of the father and mother, then the 
 person who may have the care, nurture, or custody of such child, shall, 
 within six months after the birth of such child, take or cause to be 
 taken such child to the Public Vaccinator of the District wherein 
 such child resides, for the purpose of being vaccinated ; unless such 
 child has been previously vaccinated by some duly qualified medical 
 practitioner and the vaccination duly certified. 
 
 (2.) The Public Vaccinator is hereby required thereupon, or as 
 soon as it may conveniently and properly be done, to vaccinate such 
 child, (s. 6.) 
 
 10. Upon the same day in the following week when the operation inspection of 
 may have been performed by the Public Vaccinator, such father, or vaccination, 
 mother, or other person, as the case may be, shall again take the child 
 VOL. I. 33a 
 
 Obligation on 
 parent or 
 person having 
 care of child 
 to procure 
 vaccination of 
 chUd withui 
 sis months 
 after birth.
 
 476 
 
 No. 4.] THE LAWS OF BRITISH GUIANA: [A.D. 1875. 
 
 Power to 
 Public Vacci- 
 nator to take 
 lymph from 
 healthy child. 
 
 Giving of 
 certificate of 
 snccessful 
 vaccination. 
 
 Schedule : 
 Form No. 2. 
 
 I?nfitness of 
 child for 
 vaccination. 
 
 Schedule : 
 Form No. 3. 
 
 Insusceptibility 
 of child of 
 successful 
 vaccination. 
 
 Schedule : 
 Form No. 4. 
 
 Keeping of 
 registers of 
 vaccinated 
 children. 
 
 or cause it to be taken to the Public Vaccinator in order that he may 
 inspect it and ascertain the result of the operation, and, in the event 
 of the vaccination being unsuccessful, such father, or mother, or other 
 person shall, if the Public Vaccinator so directs, cause the child to be 
 forthwith again vaccinated and again brought for inspection as on the 
 previous occasion, (s. 7 ) 
 
 11. — (1.) The Public Vaccinator may, if he sees fit, take from any 
 healthy child successfully vaccinated by him lymph for the purpose of 
 vaccinating any other child then present. 
 
 (2.) Ever}' person who prevents any such Vaccinator from so taking 
 from any such child such lymph shall be guilty of an offence, and, 
 being convicted thereof, shall be liable to a penalty not exceeding one 
 dollar, (s. 8.) 
 
 12. — (1.) As soon as the successful vaccination of any child has been 
 verified by inspection, the Public Vaccinator or medical practitioner 
 who may have performed the operation shall deliver to the father or 
 mother of such child, or to the person having the care, nurture, or 
 custody of such child, a certificate under his hand, according to the 
 Form No. 2 contained iji the Schedule to this Ordinance or such other 
 form as may from time to time be authorised by the Governor, that 
 such child has been successfully vaccinated. 
 
 (2.) Such certificate shall be admissible as evidence of the suc- 
 cessful vaccination of such child on any complaint or information for 
 non-compliance with the provisions of this Ordinance where such evi- 
 dence may be required, (s. 9.) 
 
 13. — (1.) When any Public Vaccinator or medical practitioner is of 
 opinion that the child is not in a fit and proper state to be successfully 
 vaccinated, he shall deliver to the father, or mother, or other person 
 having the custody of such child a certificate under his hand, according 
 to the Form No. 3 contained in the Schedule to this Ordinance or to 
 the like effect, that the child is then in a state unfit for successful 
 vaccination. 
 
 (2.) Any such certificate shall remain in force for six months, and 
 shall be renewable for successive periods of six months until a Public 
 Vaccinator or medical practitioner deems the child to be in a fit state 
 for successful vaccination, when the child shall, with all reasonable 
 despatch, be vaccinated, and the certificate of successful vaccination 
 duly given, if warranted by the result, (s. 10.) 
 
 14. If any Public Vaccinator or medical practitioner finds that a 
 child whom he has unsuccessfully vaccinated is insusceptible of 
 successful vaccination, or that a child brought to him for vaccination 
 has already had the small )iox, ho shall deliver to the father, or mother, 
 or oihn' person as aforesaid a certificate under his hand, according to 
 the Form No. 4 contained in the Schedule to this Ordinance, or to the 
 like effect, and the father, or mother, or such person as aforesaid shall 
 thenceforth not be recjuired to cause the child to be vaccinated, (s. 11.) 
 
 15. — (1.) Every Public Vaccinator and every medical practitioner 
 shall keep a register, in which he shall enter the date of vaccination, 
 the name, age, sex, name of parent or guardian, and place of abode 
 of every child vaccinated by him, and the operation, whether successful, 
 unsuccessful, or doubtful, and such further particulars as ma fro 
 time to time be directed by the Governor-in-Council.
 
 A.D. 1875. 
 
 VACCINATION. 
 
 [No. 4. 
 
 477 
 
 (2.) Every Public Vaccinator and inexlical practitionor sliall, on or 
 before the tenth day of January, the tenth day of April, the; tentli day 
 of July, and the tenth day of October in each year, transmit a certified 
 copy of such register, signed l)y himself, to the Surgeon General, 
 (s. 12.) 
 
 16. — (1.) If any Public Vaccinator or Vaccination OHicer gives 
 information in writing to a Stipendiary Magistrate that he has reason 
 to believe that any child above the age of six months, being within 
 the District for which the informant acts, has not been successfully 
 vaccinated, the Magistrate shall summon the father, or mother, or 
 person having the care, nurture, or custody of such child to appear 
 with the child before him at a certain time and place. 
 
 (2.) On such appearance, if the Magistrate finds, after such exami- 
 nation as he may deem necessary, that the child has not been vaccin- 
 ated, nor has had the small pox, he may, if he sees fit, make an order 
 under his hand, in the Form No. 5 contained in the Schedule to this 
 Ordinance or to the like effect, directing such child to be vaccinated 
 within the period of three months, (s. 13.) 
 
 17. The father or mother of any child, or, in the event of the death, 
 illness, absence, or inability from any cause of the father or mother, 
 then the person having the care, nurture, or custody of any child, who, 
 without reasonable excuse, fails or neglects — 
 
 (1.) To cause such child to be vaccinated within six months after 
 the birth of such child ; or 
 
 (2.) "Where such child has been vaccinated by a Public Vaccinator, 
 to cause such child to be taken to the Public Vaccinator for in- 
 spection on the eighth day after its vaccination ; or 
 
 (3.) To produce any such child before the Stipendiary Magistrate, 
 when summoned to do so, 
 
 shall be guilty of an offence, and being convicted thereof, shall be 
 liable to a penalty not exceeding five dollars, (s. 14.) 
 
 18.- — (1.) Every such father, mother, or other person as aforesaid 
 who, after having been ordered by any Stipendiary Magistrate to cause 
 any child to be vaccinated, or who, after having been convicted of 
 having failed or neglected, without reasonable excuse, to have any 
 child vaccinated, without reasonable excuse, fails or neglects to have 
 the said child vaccinated, shall, for each period of three months during 
 which such failure or neglect continues, be guilty of a separate and 
 distinct offence, and shall for each such offence, on being convicted 
 thereof, be liable to a penalty not exceeding ten dollars. 
 
 (2.) Every such father, mother, or other person may be proceeded 
 against in respect of each and every period of three months during 
 which such failure or neglect continues, until the said child is vaccin- 
 ated, (s. 15.) 
 
 1 9. Tf the father, or mother, or the person having the custody of any 
 child recjuiring to be vaccinated intimates to the Public Vaccinator that 
 he or she desires that such child should be vaccinated with lymph pro- 
 cured from England, the Public Vaccinator shall be bound to vaccinate 
 such child with lymph procured from England ; and no person shall be 
 liable to any penalty under this Ordinance for failing or neglecting to 
 have any child vaccinated if he can prove in his defence that the cause 
 
 Power to order 
 VHccination of 
 child above 
 the iijie of six 
 months. 
 
 Soliedule : 
 Form No. 5. 
 
 Penalty on 
 father, etc., 
 neglecting to 
 have child 
 vaccinated. 
 
 Penalty in case 
 of continued 
 refusal to 
 have child 
 viiccinated. 
 
 Right of parent 
 to require 
 cliild to be 
 vaccinated 
 with lymph 
 procured from 
 England.
 
 478 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A-D. 1875. 
 
 of the child not having been vaccinated has been that the father, mother, 
 or person having the custody of the child has intimated his or her 
 desire that the child shall be vaccinated with lymph procured from 
 England, and that the Public Vaccinator has been unable so to vaccinate 
 the said child, (s. 16.) 
 
 Puiiishraent of 
 person forging 
 certificate. 
 
 Punishment of 
 person fraudu- 
 lently using 
 certificate. 
 
 Penalty on 
 person inocu- 
 lating with 
 small pox. 
 
 Procecliu'e and 
 appeal. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 See Ordinance 
 No. 13 of 1893. 
 
 Transmission 
 of monthly re- 
 turns of hirths 
 and deaths of 
 infants to Puh- 
 lic Vaccmators. 
 
 Refunding of 
 expenses 
 incurred hy 
 Public Vacci- 
 nator, etc. 
 
 20. Every person who wilfully forges, counterfeits or alters any 
 certificate required by this Ordinance, or utters or produces in evidence 
 any such certificate, knowing the same to be forged, counterfeited, or 
 altered, shall be guilty of a misdemeanour, and, being convicted thereof, 
 shall be liable, at the discretion of the Court, to imprisonment with 
 hard labour, for any term not exceeding one year. (s. 17.) 
 
 2 1 . Every person who gives, lends, or uses, any such certificate for 
 any fraudulent purpose shall, on being convicted thereof before any 
 Stipendiary Magistrate, be imprisoned, with hard labour for such term, 
 not exceeding three months, as the convicting Magistrate may direct, 
 (s. 18.) 
 
 22. Every person who produces, or attempts 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, produces 
 the disase of small pox in any person, shall be guilty of an offence, 
 and, being convicted thereof before any Stipendiary Magistrate, shall 
 be liable to imprisonment, with or without hard labour, for any term 
 not exceeding three months, (s. 19.) 
 
 23. All penalties for any offence under this Ordinance shall and 
 may be recovered in a summary manner, on the information of the 
 Public Vaccinator or of the Vaccination Officer of any District, before 
 any Stipendiary Magistrate, and the procedure shall be that provided 
 by any Ordinance for the time being in force regulating procedure 
 before Stipendiary Magistrates in the exercise of their summary juris- 
 diction, or as near thereto as may be, and shall be subject to the appeal 
 provided by any Ordinance for the time being in force regulating- 
 appeals from the decisions of Stipendiary Magistrates, (s. 20.) 
 
 24. Every Registrar of Births and Deaths for any place shall, once 
 at least in every month, transmit, by post or otherwise, to each Public 
 Vaccinator whose District is wholly or partly comprised in such place, 
 a return, certified under the hand of the Registrar to be a true return, 
 of all births and deaths of infants under twelve months 
 have been registered by him. (s. 21.) 
 
 25. All costs actually incurred by any Public Vaccinator, Vaccina- 
 tion Officer, or medical practitioner in respect of any books, forms, or 
 notices in use under this Ordinance, or in respect of any other matter 
 required by the same or by any rules or regulations made uufler the 
 same, shall be allowed and paid for by the Receiver General, on the 
 warrant of the Governor, (s. 22.) 
 
 of age which
 
 A.D. 1875.] VACCINATION. [No. 4. 479 
 
 SCHEDULE. 
 
 FORMS. 
 FoHM No. 1. Sections. 
 
 Notice to have Child Vaccinated. 
 
 I, the undorsigncd, hereby give you notice, to have the child \_hrrc insert name, if 
 (oiy'] whose birth is now registered, vaccinated within six months from the date of 
 its birth, pursuant to the provisions of the Vaccination Ordinance, 187S, and that, 
 in default of your doing so, you will be liable to the penalties theri^by imposed for 
 neglect of those provisions. The J'ublic Vaccinator will attend at 
 on the day of 1 , at the hour of 
 
 You are required to produce to the Public Vaccinator who vaccinates the child 
 aforesaid the three forms marked respectively No. 2, No. 3, and No. 4 herewith 
 supplied. 
 
 If you wish the Public Vaccinator to vaccinate the child with lymph procured 
 from England, you must so inform him. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Registrar of Births and Deaths. 
 
 Form No. 2. 
 
 Certificate of Successful Vaccination. 
 
 1, the undersigned, hereby certify that aged the 
 
 of was vaccinated by me in the of on the 
 
 day of 1 , and found to have proved successful. 
 
 Situation of Vaccination. 
 
 Number of successful insertions. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 A. B., 
 
 • Public Vaccinator. 
 
 [or A. B., 
 
 Medical Practitioner. 
 (!'.<•., M.D., or F.R.C.S., 
 or otherwise as the case may be.)] 
 
 Section 12. 
 
 Form No. 3. Section 13. 
 
 Certificate of Unfitness for Vaccination. 
 
 I, tlic undersigned, hereby certify that I am of opinion that 
 the child of in the County of aged is not now in 
 
 a fit and proper state to be successfully vaccinated, and I do hereby postpone the 
 vaccination for months [a period not exceeding six months']. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 A.B., 
 Public Vaccinator. 
 
 [or A. B., 
 Medical Practitioner. 
 [i.e., M.D., or F.R.C.S., 
 or otherwise as the case may be).]
 
 480 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1875. 
 
 Section 14, Form No. 4. 
 
 Certificate of Insusceptibility of Successful Vaccination. 
 
 I, the undersigned, hereby certify that I have unsuccessfully vaccinated 
 aged the child of in the County of 
 
 \_or that the child has already had small pox, as the case may he\ and I am of 
 opinion that such child is insusceptible of successful vaccination. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 A. B., 
 Public Vaccinator. 
 
 [w A. B., 
 Medical Practitioner. 
 {i.e., M.D., or F.R.C.S., 
 or otherwise as the case may be).] 
 
 Section 16. Fohm No. 5. 
 
 Order directing Child to be Vaccinated. 
 British Guiana. 
 
 Judicial District. 
 
 To C. D., residing at, etc. 
 
 Whereas on the day of, etc., the Public Vaccinator [_or the Vaccina- 
 
 tion Officer, as the case may Je] for District gave iniormation in 
 
 writing to me the undersigned, one of His Majesty's Stipendiary Magistrates in 
 and for the said Colony, that he had reason to believe that a certain child named 
 apparently above the age of sis months, now residing at 
 
 within the District for which the said informant acts, has not 
 been successfully vaccinated, and whereas you, the said C. I)., having been duly 
 summoned, have appeared with the said child before me on this 
 day of 1 , and I having found, after such examination as I 
 
 deemed necessary, that the said child has not been vaccinated nor has had the 
 small pox, I do hereby, in pursuance of the Vaccination Ordinance, 1875, order 
 and direct you, the said to cause the said child to be vaccinated 
 
 within three months from the date hereof. 
 
 Dated this 
 
 day of 
 
 1 , at 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 ORDINANCE No. 1 OF 1876. 
 
 A.D. 1876. 
 
 — ♦ — 
 
 An Ordinance to declare tliat Tender of Payment in 
 Spanish, Mexican or Columbian Silver Coins called 
 " Dollars " shall cease to be a Lawful Tender. 
 
 [1st August, 1876.] 
 
 WHEREAS the Spanish, Mexican, and Columbian silver coins 
 called " Dollars " circulate and are received in payment in 
 this Colony as being of the full value of four shillings and 
 two pence sterling current money of the United Kingdom ; 
 
 And whereas tender of payment in this Colony in such coins at 
 the rate aforesaid is a lawful tender in the same manner as if such 
 tender was made in the current coin of the United Kingdom :
 
 A.D. 1876.] 
 
 VLISSEXGEN 
 
 [No. 2. 
 
 481 
 
 And whereas it is expedient that, in all payments to be made in this 
 Colony, tender of payment in the said Spanish, Mexican, and Colum- 
 bian silver coins called " Dollars " shall henceforth cease to be a 
 lawful tender : 
 
 Be it therefore enacted by the Governor of Bi-itish Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Spanish, etc., Silver Dollars short title. 
 Demonetization Ordinance, 1876. 
 
 2. From and after the 22nd day of August, 1876, no tender of pay- Spanish, 
 
 ment in Spanish, Mexican, or Columbian silver coins called " Dollars " Me'iican, and 
 
 shall be deemed or taken to be a lawful tender, anything contained in DoHars not to 
 
 any Law, Ordinance, or Proclamation in any wise to the contrary l^e lawful 
 
 i .,,.',. ' -^ •' tender, 
 
 notwithstanding. 
 
 An 
 
 ORDINANCE No. 2 OF 1876. 
 
 Ordinance for the Improvement of the City of a.d. i876. 
 Georgetown, and to vest Plantation Vlissengen in see ordinance 
 
 Commissioners\ 
 
 No. 1 or 881. 
 
 [1st January, 1877.] 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1, This Ordinance may be cited as the Geox'getown Improvement Short title. 
 (Vlissengen) Ordinance, 1876. 
 
 2, In this Ordinance, unless the context otherwise requires, — 
 
 "Plantation Vlissengen" means that piece of land known as Plan- 
 tation Vlissengen, and the pieces of land held under licences of 
 occupancy granted to the proprietors of the said Plantation 
 Vlissengen ; the whole being bounded on the west by the River 
 Demerara, on the east by the land granted for the Lamaha Fresh 
 Water Canal, on the north by the land known as the Company's 
 Path, and on the south by Stabroek and the lands held under 
 licences of occupancy granted to the proprietors of Plantation 
 Werk-en-Rust ; save and except that portion of the said 
 Plantation Vlissengen which was vested in the Commissioners 
 of llobb's Town by the Georgetown Improvement (Robb's 
 Town) Ordinance, 1864-. 
 
 " The Commissioners "^ means the Board of Commissioners of 
 Vlissengen, hereinafter appointed : 
 
 " The Secretary " means the Secretary to the Commissioners •? 
 
 " The New Town Ward " means the Municipal Ward No. 8 of the 
 
 Interpretation 
 of terms. 
 
 1 The Commissioners were aliolished, and their rights and powers transferred to 
 the Receiver-General by Ordinance No. 22 of 1896. 
 '■^ Repealed by Ordinance No. 25 of 1898, 6. 213. 
 ' Now the Receiver General ; see Ordinance No. 22 of 1896, ss. 11 and 14.
 
 482 
 
 No. 1 of 1860. 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 City of Georgetown, as defined in the Georgetown Town Council 
 
 Ordinance, 1860^ : 
 " The Columbia and Lacy Town Ward " means the Municipal 
 
 Ward No. 7 of the City of Georgetown, as defined in the 
 
 Georgetown Town Council Ordinance, 1860^ : 
 " The Columbia District " means that portion of the Columbia and 
 
 Lacy Town Ward which lies to the west of the street called 
 
 King Street in the City of Geoi'getown : 
 "The Lacy Town District" means that portion of the Columbia 
 
 and Lacy Town Ward which lies to the east of the Columbia 
 
 District. 
 "The Bourda District" means that portion of Plantation Vlis- 
 
 senyen which lies to the east of the Columbia and Lacy Town 
 
 Ward. 
 
 Vesting of 
 Pla»tation 
 Vlissengcn and 
 ricrht to receive 
 rents in arrear 
 in tlie Com- 
 missioners. 
 
 Vesting of Lands, etc. 
 
 3. From and after the commencement of this Ordinance, Plantation 
 Ylissenyen, and all and every the rights, members, and appurtenances 
 thereto appertaining, and the absolute dominion and the inheritance 
 of the same, and the right to receive all sums of money now due to the 
 proprietors thereof for the rent or occupation of the said lands or any 
 part thereof, shall vest, and the same are hereby vested, in the Com- 
 missioners of Vlissengen, who shall be deemed in law to be the 
 absolute owners thereof ; subject, nevertheless, to the provisions of 
 this Ordinance : Provided always that nothing herein contained shall 
 alter, prejudice, or take away any right, estate, property, or interest of 
 His Majesty, his heirs and successors,. or of any public officer, corpora- 
 tion, or body, who may Jhave or hold the same on behalf of the Colony, 
 (s. 9.) 
 
 Power to 
 recover rents 
 in aiTear. 
 
 General Powers and Duties of the Coimnissioners. 
 
 4. The Commissioners shall have full power and authority to demand, 
 have, sue for, and recover all sums of money, including capital and 
 interest, that are now due or claimable for or in respect of the use or 
 occupation, or for or in respect of rent, of an}^ portion or part of the 
 said lands hereby vested in the Commissioners, since the 1st day of 
 January, 1858; and all buildings now on the said lands are hereby 
 declared and made liable and executable for the proper payment of all 
 sums so due or claimable in respect of the occupation or rent of the 
 portion or lot of land on which such buildings are situate and which is 
 0(;cupied therewith : Prtnided always that no person shall be bound to 
 pay to the Commissioners for or in respect of the use or occupation or 
 for or in respect of the rent of any land within the Lacy Town 
 District, for any period before the commencement of this Ordinance, 
 any sum exceeding in amount one-sixth of the appraised value of such 
 land : Provided, also, that the Commissioners may, in case of the proved 
 inability of any person to pay the full amount of rent demanded, 
 receive a smaller amount and stay all pr(jceediugs for the recovery of 
 the remainder, (s. 10.) 
 
 1 Eepealed by Ordinance No. 25 of 1898, s. 213. 
 see 8. 5 of above Ordinance. 
 
 As to the Wards mentioned,
 
 A.D. 1876.] VLISSENGEN. [No. 2. 483 
 
 5. The Coramissiouei's may, subject to the provisions of this I'ower to sell, 
 Ordinance, sell and transp(jrt or lease an}' of the lands hereby Aested '^^^'^ ^""*'''- 
 in them. (s. 11.) 
 
 6. All transports, agreements, or other documents of any kind or Kxecution f.f 
 description, except bonds or debentures and except as hereinafter ""cuments. 
 provided, requiring to be passed or executed by the Commissioners, 
 
 may be passed or executed by the Senior Commissioner and the 
 Secretary, (s. 12.) 
 
 7. — (1.) The Commissioners shall employ a Secretary, and may Power to 
 pay him such remuneration as may be approved of by the Governor-in- secietan- and 
 Council. other officers. 
 
 (2.) The Commissioners may from time to time employ such other 
 officers, agents, or servants as may be necessary for the due execution 
 of the provisions of this Ordinance, and pay them a reasonable 
 remuneration, (s. 13.) 
 
 8. — (1.) All notices, summonses, or other process required bylaw Senice of 
 to be given to or served upon the Commissioners may be served upon process, etc. 
 the Secretary, either personally or by leaving the same at the Office of 
 the Commissioners. 
 
 (2.) All notices required to be given by the Commissioners ma}'^ be 
 given and signed by the Secretary. 
 
 (3.) In all legal proceedings by the Commissioners the power ad 
 litem may be signed by the Secretary, (s. 15.) 
 
 9. — (1.) All notices required by this Ordinance to be served by the Service by the 
 Commissioners upon any persons interested in any lauds hereby vested on't'ersous'^^^^ 
 in the Commissioners, or in any buildings thereon, may be served mterested. 
 personally on such persons or left at their last usual place of abode, if 
 any such can, after diligent inquir}-, be found. 
 
 (2.) If no usual place of abode of such person is known to the 
 Commissioners, then such notice may be served by leaving the same 
 with the occupier of such lands, or, if there is no such occupier, by 
 affixing the same upon some conspicuous part of such land or 
 buildings, (s. 16.) 
 
 1 0. The Commissioners may require all notices to be served by the Power to 
 Registrar or his officers, and the Registrar shall be entitled to demand Jo'be"madyi)v 
 the same fees for so doing as if the notice were a summons issued at the Eepistrar. 
 the instance of the Commissioners in a proceeding in the Supreme 
 Court of British Guiana in its civil jurisdiction, (s. 17.) 
 
 11. — (1.) All books of account shall be kept in the Office of the Right of 
 Conunissioners, and shall be open during the ordinary business hours "pp^^^^j^g" " 
 for the inspection of every person who may wish to inspect the same, 
 on his first paying a fee of one dollar for each hour during which he 
 may wish to inspect the same. 
 
 (2.) The Commissioners, in the months of January and July in 
 each year, shall lay before the Governor and Court of Policy a balance 
 sheet of each of such accounts to the end of the preceding half-year, 
 (s. 19.) 
 
 Terms of Sale of Lands, etc. 
 
 12, — (1.) The Commissioners may receive the purchase money of Power to 
 any land sold by them under the provisions of this Ordinance in p^|^"j^^ 
 
 lase money
 
 484 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 of land in 
 iiistalments. 
 
 Power to 
 receive 
 
 purcliase money 
 of bnUdiiigs in 
 instalments if 
 purchaser 
 keeps them 
 insured. 
 
 Power to pass 
 transport on 
 receiving first 
 instalment. 
 
 sixteen instalments, to be jjaid to the Commissioners in the following 
 manner, that is to say, one-tenth of the whole of the purchase money 
 in cash at the time of completing the sale, and one-fifteenth of the 
 remaining nine-tenths of the purchase money at the expiration of 
 each succeeding year thereafter, together with interest on the whole 
 balance remaining unpaid at the rate of six per cent, per annum, until 
 the whole is paid : Provided always that the purchaser shall be at 
 libert}'^ to anticipate the payment of all or any of sucli instalments. 
 
 (2.) The Commissioners may require the purchasers to give pro- 
 missory notes for the different instalments of the purchase money of 
 any land or buildings, but the acceptance of such notes shall in no way 
 affect the lien of the Commissioners or their right to recover by parate 
 execution. 
 
 (3.) The purchasei's shall pay all the expenses of passing trans- 
 ports, (s. 48.) 
 
 13. — (1.) The Commissioners may receive the purchase money of 
 any buildings sold by them with any land under the provisions of this 
 Ordinance in four instalments, to be paid in the manner following, that 
 is to say, one-fourth in cash at the time of the sale and the remaining 
 three fourths by three equal annual instalments, with interest at the 
 rate of six per cent, per annum on the balance remaining unpaid : 
 Provided that the said buildings shall be insured by the purchaser for 
 the amount of the purchase money from injury by fire and that the 
 policy of insurance shall be transferred to the Commissioners. 
 
 (2.) In the event of the premium on the policy of insurance not 
 being duly paid by the i^urchaser, the Commissioners may pay the 
 same, and the whole of the purchase money shall thereupon at once 
 become payable, and the Commissioners are hereby authorized and 
 required forthwith to proceed for the recovery of the same together 
 with the amount of the premiums so paid. (s. 49.) 
 
 14. The Commissioners, on receiving one-tenth of the purchase 
 money of any land sold by them, and one-fourth of the purchase money 
 of the buildings sold by them, if any, on such land, may transport such 
 land, with the buildings thereon, to the purchaser thereof ; but in every 
 case in which the Commissioners transport the land before the whole 
 amount of the purchase money has been paid to them, a statement shall 
 be inserted in the transport that such transport is made " subject to the 
 lien of the Commissioners of Vlissengen." (s. 50. j 
 
 Charging of 
 interest on 
 overdue 
 instalment. 
 
 Preferent lien 
 for unpaid 
 purchase 
 money. 
 
 Recovery of Purchase Moneys of Lands, etc. 
 
 15. In tlie event of any instalment of the purchase money of any 
 land or buildings sold by the Commissioners, or any interest on such 
 instalment, remaining unpaid for fourteen days after the same has be- 
 come payable, the Commissioners may demand and recover interest on 
 such overdue and unpaid instalment and the interest thereon at the 
 rate of ten per cent, per annum, until the same is fully paid. (s. 51.) 
 
 16. The Commissioners shall have a preferent lien on all land sold 
 by them, and on all and each of the buildings which may be erected 
 on such land, and shall have a preferent lien on all buildings sold 
 by them, over and above all liens and mortgages thereon, legal or 
 conventional, excepting only lions and preferent rights of the Crown
 
 A.D. 1876.J VLISSENGEN. [No. 2. 485 
 
 or of the Colony, foi' securing the due payment of tlie several instal- 
 ments of the 2>ui'ehase money payable in resjiect of such land, with all 
 interest thereon, including the additional interest on any unjiaid 
 instalments (»r interest which the Commissioners are authorized by this 
 Ordinance to recover, (s. 52.) 
 
 17. The preferent lien created by this Ordinance in favour of the Subsistence of 
 
 Commissioners shall subsist and continue in full force and eilect uiKjn pieieient neu 
 1111111/-. • • 1 11 1 1 j> 1 notwitlistaml- 
 
 the land sold by the Commissioners, and upon all and each ot the ing devolution 
 
 buildings erected thereon, and upon each building sold by the Com- of property, 
 missioners, until the whole of the purchase money for such land or 
 buildings, and all interest thereon, including the additional interest 
 on any unpaid instalment or interest which the Commissioners are by 
 this Ordinance authorized to recover, have been paid in full, notwith- 
 standing any sale, either at their instance or otherwise, transport, 
 letters of decree, conveyance, or any devolution of such land or buildings 
 of any kind or description, (s. 53.) 
 
 18.^ — ( 1 .) The Commissioners may recover by parate execution every Power to 
 sum which may become payaVjIe tt) them under the provisions of this I'ecoyer sums 
 Ordinance, and whether the same becomes payable for the purchase of execution. 
 any lands or buildings sold by them, or for the rent or use or occupa- 
 tion of any of the lands hereby vested in them, or for the rent of any 
 lands let to hire by them, or for any rate, or for any other cause what- 
 soever, together with all interest and costs ; and the Connnissioners 
 may proceed by parate execution to recover such sum either against 
 the persons liable to pay such sum or against the proprietors of the 
 lands and buildings in respect of which such sum may have become 
 payable, without naming any of such proprietors. 
 
 (2.) In every proceeding by parate execution, the signature of the 
 Senior Commissioner and of the Secretary, subscribed to any document 
 setting forth or containing a statement of the amount claimed, shall, 
 without proof of such signatures or of any other matter or thing, be 
 held to be primd facie evidence of the amount claimed })eing in every 
 particular correct, and that the same is due to the Commissioners by 
 the proprietors of the lands or buildings or by the persons therein 
 specified, (s. 54.) 
 
 Appraisement of Buildiiujs. 
 
 19. — (1.) Whenever it may become necessary for the Commissioners Power to 
 to have any buildings appraised, they shall appoint two competent appraise 
 persons to appraise such buildings, and such persons shall give in their 
 appraisement in writing, signed by them, and shall therein state the 
 size and condition of each })uil(ling so appraised, and the sum of money 
 which they consider such l)uilding to be worth. 
 
 (2.) The appraisement shall be kept in the Office of the Commis- 
 sioners, and shall be open to the inspection of all persons interested 
 therein without any fee. 
 
 (o.) The appraisers shall be entitled to receive from the Commis- 
 sioners reasonable remuneration for their trouble. 
 
 (4.) The value in money as ascertained by such appraisement shall 
 be deemed, for all purposes and in all Courts of Law, to be the full value 
 in money of such buildings, except as hereinafter provided, (s. 55.) 
 
 1 See Ordinance Ko. 22 of 189{), s. 10.
 
 486 
 
 No. 2.] THE LAWS OF BRITISH GUIANA: [A.D. 1876. 
 
 Application for 
 re-appraise- 
 ment, and 
 proceedings 
 tliereon. 
 
 Rule as to 
 expenses of 
 person 
 objecting to 
 appraisement. 
 
 Oljtaining of 
 certificate of | 
 tlie Colonial 
 Ci\nl Engineer 
 as to appraise- 
 ment. 
 
 20. — (1.) If any person interested is dissatisfied with the appraise- 
 ment of any building made by the Commissioners, he may, on fihng at 
 the Office of the Commissioners an affidavit sworn to by two carpenters 
 stating what, in their opinion, is the true value of such building, and 
 that the value of the said building as appraised by the persons appointed 
 by the Commissioners is riiore than ten per cent, below the real value 
 of the said building, and on lodging with the Secretary the sum of ten 
 dollars, require the said building to be re-appraised ; and the said 
 building shall thereupon, at the request of the Commissioners, be 
 appraised by the Colonial Civil Engineer and the Town Superintendent, 
 who shall each be entitled to receive from the Commissioners a fee of 
 five dollars for their trouble. 
 
 (2.) If the Colonial Civil Engineer and the Town Superintendent 
 do not agree in their estimate of the value of the said building, they 
 shall appoint an umpire, who shall receive a fee of ten dollars from the 
 Commissioners. 
 
 (3.) The value as appraised by the Colonial Civil Engineer and the 
 Town Superintendent, or by the umpire only, as the case may be, shall 
 be taken as the appraised value of such building for all the purposes of 
 this Ordinance, (s. 56.) 
 
 21. If the value of the said building, as appraised by the Colonial 
 Civil Engineer and the Town Superintendent, or by the umpire, 
 exceeds the amount appraised by the persons appointed by the 
 Commissioners by ten per cent, of the amount as first aj^praised, the 
 person who has deposited the said sum of ten dollars shall be entitled 
 to re-payment of the same from the Commissioners, and the person 
 requiring the new appraisement shall be entitled to receive from the 
 Commissioners the reasonable expenses of the appraisement rnade by 
 the carpenters appointed by him. (s. 57.) 
 
 22. — (1.) Where the Commissioners have reason to suppose that 
 any minors or persons who are incapable of protecting their own 
 interests, or who are not properly represented, are interested in any 
 building requiring to be appraised, they shall submit the appraisement 
 given in by the persons appointed b}^ them to the Colonial Civil 
 Engineer for his approval ; and if the Colonial Civil Engineer, after 
 investigation, considers the appraisement a fair and reasonable one, he 
 shall write a certificate thereon to that effect ; or, if he considers the 
 value as appraised to be too small, he shall state what in his opinion is 
 the true value, and such value so stated by him shall be taken to be 
 the appraised value of the said building. 
 
 (2.) The Conunissioners shall pay to the Colonial Civil Engineer 
 a fee of five dollars in respect of eacli principal building and the out- 
 buildings connected therewith so appraised by him. (s. 58.) 
 
 Kecovery of Tax. 
 
 Power to the 23.' If any tax imposed by the Mayor and Town Council of George- 
 
 Commissioners town on any lot or half-lot forming a portion of the lands hereby 
 vested in the Commissioners remains uni)aid, the Commissionei's may 
 pay the same and recover tlie amount tliereof, with interest at six per 
 cent, per annum, by parate execution against the proprietors of the 
 buildings on the said lot or half-lot, or, if the said lot or half-lot has 
 
 to pay tax 
 and recover 
 amount 
 thereof. 
 
 1 See Ordinance No. 22 of 1896, ss. 11 and 14.
 
 A.D. 1876. 
 
 VLISSENGEK. 
 
 [No. 2. 
 
 487 
 
 1)0011 
 
 half] 
 
 ])rovi()u.sly sold by tlio Commissioners, against the said lot oi- 
 
 (»t, together with 
 
 the buildings thereon, (s. G7.) 
 
 Defraying 
 of cost of 
 improvements 
 in Hounlii 
 District. 
 
 Special Provisions tvith respect to Columbia and Lacy Town 
 Ward and Bourda District. 
 
 24. The cost of making or widcniing the streets or roads, and of 
 laying out, cleaning, and digging ihe drains and trenches, of the Bourda 
 District, so as to conform to the plan as approved by the Governor and 
 Court of Policy, may be defrayed in tlie first instance by the Commis- 
 sioners from any funds at their dis])Osal, and shall thereafter be 
 recovered by a special rate to be levied on all property within the 
 said District, and which rate the Commissioners are hereby authorized 
 and reiiuirod to levy in the manner herein provided, (s. 80.) 
 
 25. The Commissioners shall, as soon as practicable, sell and dispose The Commis- 
 of all the building lots, as laid out on the plan of the Columbia and building lots. 
 Lacy Town Ward and the Bourda District as the same is finally settled 
 
 by the Governor and Court of Policy, and such lots may be sold either 
 as whole or half lots, but the Commissioners shall not sell or dispose 
 of less than a half-lot, or of any half-lot which does not abut on a 
 street, (s. 81.) 
 
 26. The person in the occupation of any lot or half-lot, as laid out 
 on the plan approved by the Governor and Court of Policy, and which 
 is not required for any public purpose, or who owns the buildings 
 thereon, shall be entitled to purchase such lot or half-lot, on paying 
 the appraised value thereof, as ascertained and determined in the 
 manner herein provided, together with such further sum, if any, as 
 may be due and claimable for the rent or for the use or occupation of 
 the said lot or half -lot. (s. 82.) 
 
 27.— (1.) Where several persons having difierent interests are in the 
 occupation of the same lot or half-lot of land, as laid out on the said 
 plan, being any portion of the lands hereby vested in the Commis- 
 sioners, other than in the New Town Ward, or where there are several 
 buildings or erections on any such lot or half-lot belonging to different 
 persons, the Commissioners shall proceed in the following manner, 
 that is to say, — 
 
 [a.) They shall ascertain whether any lease, or any transfer of 
 any lease, or any document has been recorded in the Regis- 
 trar's Office for the Counties of Demerara and Essequebo, 
 affecting or pretending or intended to affect the land 
 comprised in, or the buildings or erections on, such lot or 
 half-lot ; 
 
 (6.) The Commissioners shall serve a notice, in the Form 
 contained in the Schedule to this Ordinance, upon each 
 person within the Colony who, they know or have reason to 
 suppose, claims to be entitled to the occupation of the said 
 lot or half-lot, or of any portion thereof, or to be entitled to 
 any of the })ui]dings or erections thereon, requiring each such 
 person, within twenty-one days from the day of the service 
 of such notice, to state at their Office, either verbally or in 
 w^ritins, the nature and extent of the interest which he claims 
 to the occupation of, or to the buildings or erections on, the 
 said lot or half-lot ; and where any person states verbally 
 
 Pre-emption 
 right of occu- 
 pier of lot or 
 of owner of 
 buildings. 
 
 Pro^asion for 
 cases where 
 there are 
 several occu- 
 piers of lot. 
 
 Schedule.
 
 488 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 the nature and extent of the interest which he claims, the 
 Secretary shall reduce his statement to writing, and require 
 such person to sign the same or put his mark thereto ; and 
 the Secretary shall inquire as to the mode in which such 
 person acquired his interest and whether he has any, and, if 
 so, what, documents to support his claim ; and the Secretary 
 shall inform such person of his rights under this Ordinance ; 
 
 (c.) The Commissioners, within one week after the service of 
 the notice last served, shall have each of the buildings and 
 erections on the said lot or half-lot appraised in the manner 
 provided by this Ordinance. The Commissioners shall state 
 in writing at the end of such appraisement what sum they 
 claim for rent or for the use or occupation of the said lot or 
 half-lot ; and 
 
 {d.) The Commissioners, on receiving the said appraisement, 
 shall issue an advertisement in The Official Gazette and one 
 other newspaper published in the Colony, for three successive 
 Saturdays, calling on all persons claiming any right to the 
 occupation of the said lot or half -lot, or any interest in any of 
 the buildings or erections thereon, who may wish to purchase 
 the whole of the said lot or half-lot, with all the buildings 
 and erections thereon, to send in to their Office, on or before 
 noon on the Monday following the third ^publication of the 
 advertisement, a tender in writing for the purchase of the 
 said lot or half-lot, with all the buildings and erections 
 thereon. If the amount of the highest tender exceeds the 
 aggregate amount of the appraised value of the said lot or 
 half-lot and of the buildings and erections thereon, as 
 ascertained by the Commissioners as aforesaid, together with 
 the amount, if any, which may be due and claimed in respect 
 of rent or for the use or occupation of the said lot or half-lot, 
 the person so offering to pay the highest amount shall be 
 entitled to purchase the said lot or half-lot, with all the 
 buildings and erections thereon, for the amount offered in 
 such tender. If the highest amount so offered does not 
 exceed the said aggregate amount, the Commissioners shall 
 put up the said lot or half-lot, with all the buildings and 
 erections thereon, for sale by public auction, but the Com- 
 missioners shall not allow the said lot or half-lot to be sold for 
 less than the said aggregate amount, without the consent of 
 the Governor and Court of Policy, and in such case the Com- 
 missioners shall not pay as the price of such lot or half-lot 
 under section 2P more than the sum which may be received 
 l)y the sale of such lot or half-lot. 
 
 (2.) The Commissioners are hereby authorized and empowered to 
 sell the said buildings and erections with the said lot or half-lot, and 
 to give a valid title thereto, (s. 83.) 
 
 Preparation of 28. — (1-) Where the Commissioners sell any lot or half-lot with 
 statement as the buildings thereon, whether by tender or otherwise, they shall pre- 
 to division of pjj^j.g .^ statement in writing, showing the proportions in which they 
 Ijuildingb sold, propose to divide the amount of the purchase money, after deducting 
 the amount of the appraised value of the said lot or half-lot, and the 
 
 ' S. 21 was repealed by Ordinance No. 22 of 1896, s. 15.
 
 A.D. 1876.] 
 
 VLISSENGEN. 
 
 [No. 2. 
 
 489 
 
 amount, if any, claimed in respect of rent or for the use or occupation 
 of the said lot or half-lot, among the different persons claiming an 
 interest in the said lot or half-lot or in the buildings or erections 
 thereon. 
 
 (2.) Such statement shall be open, at the Office of the Commis- 
 sioners, for the inspection of all persons, and shall be i)ublished for 
 three successive Saturdays in The Official Gazette and one other news- 
 paper published in the Colony, (s. 84.) 
 
 Making of 
 objection to 
 proposed 
 division. 
 
 Transmission 
 of objections to 
 the Registrar. 
 
 29. Within fourteen days after the first publication of the 
 advertisement, any person objecting to tlie mode in which it is proposed 
 to divide such surplus may entei-, in a book to be kept for that pur- 
 pose in the Office of the Commissioners, his objections to the proposed 
 division and the grounds thereof ; and such entry may be made by 
 the person himself, or by a barrister-at^law, advocate, or attorney-at- 
 law on his behalf, or if such person so requests, by the Secretary to 
 the Commissioners, (s. 85.) 
 
 30. If any objection is entered to the proposed division, the Com- 
 missioners shall, within fourteen days after the last publication of the 
 advertisement, lodge in the Registry of Court a statement, signed by 
 the Senior Commissioner and the Secretary, showing the number of 
 the lot or half-lot as laid down on the said plan, the appraised value 
 of the said lot or half-lot, the amount claimed and due, if any, for 
 rent, or for the use or occupation of the said lot or half-lot, the 
 appraised value of each of the buildings or erections on the said lot or 
 half-lot, the division of the purchase money proposed to be made by 
 the Commissioners, and a copy of the objections entered in the said 
 book ; and the Commissioners shall lay over with such statement the 
 original appraisement of the buildings and erections on the said lot or 
 half-lot. (s. 86.) 
 
 31. — (1.) On the statement being lodged with the Registrar, he Summoning 
 shall issue, at the cost of the Commissioners, an advertisement in The ?f persons 
 
 ITlTPl'PSTPfi to 
 
 Official Gazette and in one other newspaper published in the Colony appear before 
 calling upon all persons interested in the division of the said money a Judge. 
 to appear before one of the Judges, at a time and place to be fixed by 
 the Judge, being not less than fourteen days after the date of such 
 notice ; and all persons interested may then appear and oppose or 
 support the division made by the Commissioners. 
 
 (2.) If any person wishes to oppose the said division who has not 
 entered any objection in the said book in the Office of the Commis- 
 sioners, he shall be entitled to do so on filing with the Registrar a 
 statement in writing, signed by himself or by a barrister -at-law, advo- 
 cate, or attorney-at-law, of the grounds of his opposition, at least two 
 days before the day so appointed, but he shall not in any such case be 
 entitled to any costs, (s. 87.) 
 
 32. — ■(!.) Any person wishing to summon witnesses may do so on Summoning 
 depositing tlie necessary amount and on lodging in the Registrar's Office witnesses. 
 a certificate from the Registrar stating that the Commissioners have 
 lodged their statement as to the division of the purchase money of the 
 said lot or half-lot, and the time which has been fixed by the Judge 
 for the hearing of the matter. 
 
 (2.) Such certificate may be granted by the Registrar, who shall 
 
 VOL. I. 34
 
 490 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 Power to the 
 Judge to alter 
 or confirm 
 
 ilivision. 
 
 Costs. 
 
 Compliance 
 with order of 
 the Judge. 
 
 Appeal to 
 H.M. in 
 
 Council. 
 
 l)e entitled to demand the ,sum of one dollar for each such certificate. 
 
 (s. 88.) 
 
 33. On the day fixed by the Judge, or as soon thereafter as may be 
 convenient, the parties shall be heard, and their witnesses, if any, and 
 the Judge may alter, vary, or modify the division of the Commis- 
 sioners in any way that he may consider the justice of the case 
 requires, or may confirm such division, (s. 89.) 
 
 34. The Judge may make such order as to costs as to him may 
 seem meet ; and, where the Commissioners are ordered to pay costs, 
 they may defray them out of the funds at their disposal, (s. 90.) 
 
 35. The decision of the Judge in all cases where the question at 
 issue is under live hundred pounds sterling shall be final, and the 
 Commissioners shall, within three weeks thereafter, pay in cash to the 
 several persons interested the amount to which they are entitled under 
 such order : Provided always that where the purchaser of the said lot 
 or half-lot becomes entitled to any money under such order, the amount 
 so awarded shall be considered and taken as a payment on account of 
 the purchase money, (s. 91.) 
 
 36. Every person wishing to appeal to His Majesty in His Privy 
 Council in any case where the question at issue is above five hundred 
 pounds sterling in value shall be bound to follow the same mode of 
 procedure as in ordinary cases, (s. 92.) 
 
 Provision for 
 case where the 
 Commissioners 
 cannot sell at 
 appraised 
 value. 
 
 37. — (1.) If the Commissioners are unable to sell any lot or half lot 
 in the manner hereinbefore provided, they may either permit the 
 owners of the Imildings on the said lot or half-lot to remain in the 
 occupation of the said lot or half-lot, at an annual rental, or maj- permit 
 the owners of the said buildings to remove such buildings from the said 
 lot or half-lot, on paying to the Commissioners all sums claimed and 
 due for rent in arrear, or for the use or occupation of the land on 
 which such buildings may stand. 
 
 (2.) If the owners of any such buildings continue in the occupation 
 of any lot or half-lot, they shall pay to the Commissioners as rent of 
 the said land a sum which shall be not less annually than eight per 
 cent, of the appraised value of the said lot or half-lot, and such sum 
 shall Vje payable in equal monthly instalments ; and where there are 
 several buildings on the same lot or half-lot, belonging to different 
 owners, the rent shall be apportioned amongst the owners of such 
 })uildings in the proportion of the appraised value thereof, (s. 93.) 
 
 Time allowed 
 for removal of 
 buildings. 
 
 38. — (1.) Where the owners desire to remove their buildings from 
 the said lot or lialf-lot, they shall be allowed six months within which 
 to remove the same, without any charge for rent beyond the amount 
 that may be claimed and due for rent or for the use and occupation of 
 the lot or portion of land on which tlie })uildings are situate and which 
 is occupied therewith at the commencement of this Ordinance. 
 
 (2.) If the said buildings are not removed within the said period 
 of six months, the owner thereof shall be bound to pay rent to the 
 Commissioners at the rate before sjiecified for any jjcriod beyond the 
 said period of six months during which such buildings may remain on 
 the said lot or half-lot. (s. 94.)
 
 A.D. 1876.] 
 
 VLISSENGEX. 
 
 [No. 2. 
 
 491 
 
 39. — (1.) In any case where there are several owners and one of 
 them purchases the whole lot or half-lot, witli all the Iniildin^fs thereon, 
 or where the Commissioners sell the whole lot or half-lot, with all the 
 buildings thereon, under the provisions of this Oi'dinancc, the occupier 
 of each of the buildings shall have three months free of any rent 
 wherein to remove therefrom ; and the said period of three months 
 shall commence to run from the day on which the Commissioners pay 
 or tender the amount to be paid in respect of such building to the 
 owner or person entitled to receive the same, or pay the same into the 
 Registry of Court. 
 
 (2.) If any person refuses or neglects to quit any such building 
 when required by the Commissioners to do so, the Connnissioners, on 
 the expiration of the said period of three months, shall be entitled, on 
 a petition ex parte, to obtain an authorization de facto to eject and put 
 out such j^erson from the said building, (s. 95.) 
 
 Time allowed 
 for quitting 
 tniiiilings sold. 
 
 Miscellaneous Provisions. 
 
 40. The Connnissioners shall transjjort the land taken for the streets. Transport of 
 roads, dams, drains, trenches, or open spaces, as laid down in the plans ^*^'^'^ forming 
 approved of by the Governor and Court of Policy, to and in favour of 
 the Colony, (s. 99.) 
 
 streets, etc. 
 
 41. Nothing in this Ordinance shall prevent the erection of Saving as to 
 buildings on the strip of land, the property of the Colony, lying between J'^'*''™. ^^^^ 
 Lot 26, New Town, and the River, and adjoining the America Stelling, the Colony, 
 with the permission of the Governor-in-Council, and on such terms and 
 conditions as the Governor-in-Council may think fit. (3 of 1895, 
 
 s. 2(1).) 
 
 42. The provisions of the Justices Protection Ordinance, 1850, Protection to 
 shall extend to the Commissioners, and to each and all of them, and *!!l2.Tif^^" 
 
 .._' ' oHJllcI Oj etc 
 
 to then* several othcers and servants acting in the execution of this j^^ 2 of 1850 
 Ordinance, (s. 101.) 
 
 THE SCHEDULE. 
 
 Form of Notice. 
 
 The Commissioners of Vlissengen hereby give notice to you 
 
 that under the provisions of the Georgetown Improvement (Yl\B- 
 sengen) Ordinance, 1876, you are hereby required, within twenty-oue days from 
 the day on which this notice shall be served on you, to state at the Office of the 
 Commissioners of Vlissengen at the nature and extent of the 
 
 interest which you claim to the occupation of, or to the buildings or erections 
 on, Lot situate in 
 
 Dated this 
 
 day of 
 
 19 
 
 A.B. 
 
 Secretari/. 
 
 Section 27 
 
 VOL. I. 
 
 34a
 
 492 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1876. 
 
 A.D. 1876. 
 
 ^-» — 
 Ordinances 
 
 No. fi of 1882, 
 No. 19 of 1900, 
 No. 2G o/ 1903, 
 ss. 4 and 5, 
 iV^o. 34 o/ 1903, 
 and No. G of 
 1904, s. 4. 
 incorjywatcd . 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 OEDINANCE No. 3 OF 1876. 
 An Ordinance to enforce Elementary Education. 
 
 [3rd February, 1877.] 
 
 WHEREAS, on the 6th day of July, 1874, His Excellency the 
 Governor was pleased to issue a Commission under his hand 
 and the Public Seal of the Colony to certain persons therein 
 named especially to inquire into the state of public education in this 
 Colony and to report thereon : 
 
 And whereas the said Commissioners have reported that elementary 
 education should be enforced by law ; 
 
 And whereas, on the 17th day of June, 1876, the Combined Court 
 resolved and undertook that the requisite provision should be made 
 for enforcing elementary education : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Polic}^ thereof, as follows : 
 
 1. This Ordinance may be cited as the Elementary Education 
 Ordinance, 1876. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 " Parent " includes guardian and every person who is liable to 
 maintain or has the actual custody of any child, and every male 
 person cohabiting with the mother of any child, whether he is 
 the father of such child or not : 
 
 " Father " includes the reputed father and every male person 
 cohabiting with the mother of any child, whether he is the father 
 of such child or not : 
 
 " Teacher " includes assistant teacher, pupil teacher, sewing mis- 
 tress, and every person who forms part of the educational stafl' 
 of a school : 
 
 " Certificate of proficiency " means a certificate of proficiency in 
 reading, writing, and elementary arithmetic given and signed by 
 the Inspector of Schools, or by an Assistant Inspector of Schools, 
 in this Colony : 
 
 " Managers," when used with reference to a school, includes all 
 persons who have the management of any Elementary School, or 
 of any Day Industrial School, whether the legal interest in the 
 schoolhouse is or is not vested in them : 
 
 " Schoolhouse " includes a play-ground and all offices required for 
 a school : 
 
 "Colonial Grant" means a grant made for tlie support or in aid of 
 an Elementary School or Day Industrial School, either annually 
 or otherwise, from the revenues of the Colony : 
 
 " Elementary School " means a school, or department of a school, at 
 which elementary education is the principal part of the educa- 
 tion there given : 
 
 " Aided School " means an elementary school, the managers of 
 which receive any grant-in-aid from the cf)lonial revenues : 
 
 " Colonial School " means an elementary school established by the 
 Inspector of Schools and maintained from the colonial revenues :
 
 A.D. 1876.] ELEMENTARY EDUCATION. 
 
 [No. 3. 
 
 493 
 
 ' Industrial School " means any elementary schooi in which 
 
 theoretic aiul practical instruction in agriculture or in any trade 
 
 or trades, or in both is given and which is recognised under the 
 
 regulations as an Industrial School : 
 ' Educational District Officer " means any officer appointed to carry 
 
 out the provisions of this Ordinance in any Educational 
 
 District : 
 ' Authorised Person " means any person who, under this Ordinance, 
 
 has, and is entrusted with the same rights, powers, privileges, 
 
 and functions as an educational district officer : 
 ' Pi-escribed " means prescribed by any Regulations made under 
 
 this Ordinance. (Amd. 19 of 1900, s. 3, and 6 of 1904, s. 4 (1 ).) 
 
 Th^ Education Department. 
 
 3. His Majesty may appoint an Inspector of Schools for tliis Colony, 
 and the Governor may appoint one or more Assistant Inspectors of 
 Schools, who shall receive such salaries or emoluments as may from 
 time to time be provided for that purpose by the Combined Court, and 
 who shall hold office during pleasure. 
 
 4. The Inspector of Schools shall submit annually, to be laid before 
 the Governor and Court of Policy, a report on the state of elementary 
 education throughout the Colony, in such form and containing 
 information with regard to such particulars as the Governor may 
 direct. 
 
 5. The Inspector of Schools and every Assistant Inspector of 
 Schools shall have full power and authority to enter, visit, and inspect 
 every school or schoolhouse and all the premises or offices used there- 
 with, where the managers of the school have received or have applied 
 for any aid from the Colonial Revenues within the next preceding 
 twelve months. 
 
 6. — (1.) The Governor and Court of Policy may from time to time, 
 by Resolution, enact regulations for all or any of the following purposes, 
 that is to say, — 
 
 {a.) For the government and discipline of all schools of every 
 
 kind which may receive aid from the Colonial Revenues and 
 
 of the teachers thereof ; 
 {h.) For securing the proper application and distribution of all 
 
 funds voted from the Colonial Revenues for the purposes of 
 
 elementary education ; 
 (c. ) For securing the efficiency of all schools required by this 
 
 Ordinance to be maintained on a plantation in cultivation ; 
 
 and 
 (e.) Generally for maintaining an efficient system of elementary 
 
 education throughout the Colony. 
 
 (2.) All such regulations, when published in The Official Gazette, 
 shall be binding on all persons. 
 
 7. — (1.) If any teacher in any school receiving aid from the Colonial 
 Revenues is charged by any person with immoral conduct as teacher 
 or otherwise, or cruel or improper treatment of any of the children or 
 pupils attending such school, the Inspector of Schools may transmit a 
 
 Appointment 
 etc., of 
 
 In.spector, and 
 Assi.stant 
 Inspectors of 
 Schools. 
 
 Making of 
 annual report 
 on elementary 
 education. 
 
 Power to 
 inspect schools 
 recei\ing 
 public mone}-. 
 
 Making of 
 regulations. 
 
 Power to refer 
 complaints 
 against teacher 
 to ^Magistrate 
 for investi- 
 gation.
 
 494 
 
 . No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 Power to 
 
 cancel certi- 
 ficate in 
 certain cases. 
 
 statement, specifying the particular acts in respect of which the charge 
 is made, to the Stipendiary Magistrate of the Judicial District within 
 which such school is situate; and the said Stipendiary Magistrate 
 shall thereupon cause a copy of such statement to be served on such 
 teacher, together with a summons requiring such teacher to appear 
 before him at any time to be therein appointed, but not less than eight 
 days from the day of the service of such summons. (Amd. 19 of 
 1900, s. 4.) 
 
 (2.) The teacher may, if he thinks fit, answer the particulars of 
 the complaint in writing, or may plead orally that he is not guilty ; 
 and the Magistrate shall proceed to hear the complaint, and take 
 evidence upon oath in the same manner as if the complaint were a 
 complaint in a civil matter over which the Magistrate had jurisdiction, 
 and the teacher was the defendant therein. 
 
 (.3.) The Magistrate shall transmit to the Inspector of Schools the 
 evidence taken by him, with a report of what, in his opinion, is the 
 effect and weight of such evidence. 
 
 8. If any teacher holding a certificate granted by the Inspector of 
 Schools or other authority in this Colony is, in the opinion of the 
 Inspector of Schools, guilty of immoral conduct as teacher or otherwise, 
 or of cruel or improper treatment of any of the children or pupils under 
 his charge, the Inspector of Schools may cancel such certificate or 
 suspend the operation thereof for such time as to him may seem meet. 
 (Amd. 19 of 1900, s. 4.) 
 
 Establishment 
 of Educational 
 Districts. 
 
 Educational Districts. 
 
 9. — (1.) The Governor-in-Council may, hj Proclamation to be 
 published in The, Official Gazette, declare that any portion of the 
 Colony specified in such Proclamation shall form a district for educa- 
 tional purposes; and such district shall ))e called an "Educational 
 District." 
 
 {'!.) The Governor-in-Council may, in like manner, add to or 
 diminish the number of such Districts, and alter the limits of any 
 District as from time to time may appear to be necessary. 
 
 District 
 Officers 
 
 Educational District Officers. 
 
 Appointment 10. — (1.) For more efi'ectually carrying out the provisions of this 
 
 of Educational Ordinance, the Governor may appoint one or more oflicers for each 
 Educational District, who shall hold otHce during the Governor's 
 pleasure. 
 
 (2.) Such oflicers shall be called Educational District Officers, and 
 they shall receive such salaries as may be provided for them by the 
 Combined Court. 
 
 (3.) Every member of the Combined Court, Minister of Religion, 
 Justice of the Peace, Inspector of Schools, Assistant Inspector of 
 Schools, School Manager, Certificated principal Teacher of a school 
 authorised in writing by the manager of liis school, Member of any 
 Town or Village Council, Commissary of Taxaticm, Government Officer 
 appointed under the Crown Lands Ordinance, 190-3, or the Mining 
 Ordinance, 1903, member of ihe Police Force or person authorised by 
 the Governor shall have and may exercise all the riglits, ])()wers, 
 privileges and functions vested in an Educational District Officer by
 
 A.D. 1876.] ELEMENTARY EDUCATIOl. [No. 3. 495 
 
 this Ordinance : Provided always that no Police Constable shall have 
 and exercise the powers given to an Educational District Officer by 
 Section 15 or Section 52 of this Ordinance unless authorised or 
 empowered as therein mentioned antl provided also that nothing 
 herein contained shall impose on any person hereinbefore specified the 
 duties imposed on Educational District Officers Viy Section 1 1 of this 
 Ordinance. (19 of 1900, s. 5.) 
 
 1 1. It shall be the duty of each Educational District Officer : — Duties of 
 
 Educational 
 (1.) To keep a register of all children under the age of twelve 3 ears, District 
 
 and whether under the age of five years or not, residing in his Officer. 
 
 Disti'ict ; and such register may be in the Form No. 1 containe J |chediile : 
 
 in the Schedule to this Ordinance ; 
 
 (2.) To ascertain and report to the Inspector of Schools every parent 
 of every child resident within his District who has failed or is 
 omitting to cause his child to receive efficient elementary instruc- 
 tion in reading, writing, and arithmetic ; 
 
 (3.) To enforce the provisions of this Ordinance, and to prosecute all 
 persons not complying therewith ; and 
 
 (4.) Generally to follow such directions as may be laid down for his 
 guidance by the Inspector of Schools. (Amd. 19 of 1900, s. 24.) 
 
 12.— (1.) Every Educational District Officer, or other authorised Power to 
 person, shall have authority to enter any yard, house, building, cjr j^'jj^^,.j(.t Officer 
 place, between the hours of six o'clock in the morning and five o'clock to enter 
 in the evening of any day in the week, except Sunday, and there piemises at 
 make inquiries as to any child who may there reside or be em- ^^^^^ make 
 ployed. inquiries. 
 
 (2.) Every person who — 
 
 {a.) Hinders or obstructs any Educational District Officer, 
 or other authorised person, in the performance of his duty ; 
 or 
 
 (b.) Wilfulh^ makes any false representations to any Educational 
 District Officer, or other authorised perscm, wnth respect to 
 the age or employment of any child, whether such child is 
 under the age of five years or not ; or 
 
 (c.) Wilfully refuses to afford to any Educational District 
 Officer or other authorised person reasonably requiring the 
 same, any information of which such person may be 
 possessed as to the age or employment of any child, whether 
 such child is under the age of five years or not, 
 
 shall Vje guilty of an olfence, and, being convicted thereof, shall be 
 liable to a penalty not exceeding ten dollars. (Amd. 19 of 1900, s. 22.) 
 
 Provisions for enforcing Elementary Education of Children . 
 
 13. It shall be the duty of the parent of every child to cause such Declaration of 
 child to receive efficient elementaiy instruction in reading, writing to"^)j^°cate'"^* 
 and arithmetic, and if such parent fails to perform such duty, he child, 
 shall be liable to such orders and penalties as are prt)vided b}- this 
 Ordinance. 
 
 14. — (1.) If the parent of any child habitually and without reason- Proceeding 
 able excuse omits to provide efficient elementary instruction for his ofi^/tting'to*^" 
 
 educate child.
 
 496 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1876. 
 
 child, an Educational District Officer, or other authorised person, may 
 prefer a complaint against such parent before a Stipendiary Magistrate ; 
 and the Magistrate, if satisfied of the truth of such complaint, shall 
 inake an order that the child do attend some school named in the 
 order, being either such as the parent may select, or, if he does not 
 select any, then such Public Elementary School as the Magistrate may 
 consider expedient ; and the child shall attend such school every time 
 the school is opened, or in such other regular manner as may be specified 
 in the order. 
 
 (2.) Any of the following reasons shall be deemed a reasonable 
 excuse, that is to say, — 
 
 (a.) That there is not within two miles, measured according to 
 the nearest road, from the residence of such child any Aided 
 School or Colonial School open which the child can attend ; 
 or 
 
 (h.) That the absence of the child from school has been caused 
 by sickness or other unavoidable cause. 
 
 (3.) Every complaint under this section may be in the Form Ko. 2 
 contained in the Schedule to this Ordinance, and every order under 
 this section may be in the Form No. 3 contained in the said Schedule. 
 (Amd. 19 of 1900, ss. 22 and 23.) 
 
 (4.) In the towns of Georgetown and New Amsterdam and in 
 such other places as the Governor-in-Council vaary order, twenty-five 
 attendances in one month, and in all other places fifteen attendances 
 in one month, of a child at an Elementar}'- School shall be deemed to 
 be " efficient elementary instruction " within the meaning of this 
 section. Attendance shall mean attendance throughout the hours 
 specified in the Regulations made under Section 6 of this Ordinance 
 in the morning or in the afternoon. (34 of 1903, s. 3.) 
 
 Schedule : 
 Form No. 2 ; 
 Form No. 3. 
 
 Proceedings 
 with respect 
 to child found 
 habitually 
 wandering or 
 not under 
 control, etc. 
 
 15. — (1.) If any child is found habitually wandering or not under 
 proper control, or in the company of rogues, vagabonds, disorderly 
 persons, or reputed criminals, such child may be taken into custody by 
 an Educational District Officer, or other authorised person, or by any 
 police constable authorised by the Inspector of Schools to detain 
 children so found, until a complaint can be preferred against such 
 child and he can be brought before a Stipendiary Magistrate. 
 
 (2.) The Magistrate shall enquire into the circumstances, and may 
 either make an order — 
 
 («.) That the child do attend some Elementary School other 
 than an Industrial School named in such order ; and in such 
 case the school so named shall be either such as the parent 
 may select, or, if he does not select any, then such Public 
 Elementar}^ School as the Magistrate considers expedient ; or 
 
 {b.) That such child shall be sent to an Industrial School to be 
 named in such order ; or 
 
 (c.) That such child shall be delivered to the parent. 
 
 (3.) When any child is taken into custody under the provisions 
 of this section, the person taking the child into custody shall, as soon 
 as practica})le, give notice of such detention to the parent, if the 
 parent is known and can be found ; and the parent may appear before 
 the Magistrate and shall have the same rights with resjioct to such 
 complaint as if the complaint was a civil proceeding and he was the 
 defendant therein.
 
 A.D. 1876.J ELEMENTARY EDUCATION. 
 
 [No. 3. 
 
 497 
 
 (4.) Every complaint under this section may be in the Form No. 4 Schedule: 
 contained in the Schedule to this Ordinance, and every order under YJ^^l^ ^-|^' 5 ' 
 this section may be in the Form No. 5 contained in the said Schedule. 
 (Amd. 19 of lyOO, ss. 7, 22 and 24.) 
 
 16. — (1.) Where, without any reasonalile excuse within the meanin*^ 
 of this Ordinance, an order for the attendance of any child at school 
 is not comi)lied with, any Stipendiary Magistrate, on the complaint of 
 an Educational District Officer or other authorized person, may, if he 
 thinks fit, order as follows : — 
 
 (a.) In the first case of non-compliance, if the parent of the 
 child does not appear, or appears and fails to satisfy the 
 Magistrate that he has used all reasonable efforts to enforce 
 compliance with the order, the Magistrate may impose a 
 penalty not exceeding two dollai's ; but if the parent satisfies 
 the Magistrate that he has used all reasonable efforts as 
 aforesaid, the Magistrate may, without inflicting a penalty, 
 order the child to be sent to an Industrial School ; and 
 
 (/>.) In a second or any subsequent case of non-compliance with 
 the order, the Magistrate may order the child to be sent to 
 an Industrial School ; or he may for each such non-compliance 
 inflict any such penalty as aforesaid, without ordering the 
 child to be sent to an Industrial School : Provided that a 
 complaint under this section with respect to a continuing 
 non-compliance shall not be repeated by the Educational 
 District Officer or other authorized pei'son at any less interval 
 than two weeks. 
 
 (2.) Every complaint under this section may be in the Form No. 6 
 contained in the Schedule to this Ordinance, and every order under 
 this section may be in the Form No. 7 contained in the said Schedule. 
 (Amd. 19 of 1900, ss. 22 and 24.) 
 
 Emjjloyment of Children. 
 
 17. After the commencement of this Ordinance, no person shall 
 take into his employment or shall employ any child — 
 
 (1.) Who is under the age of nine years ; or 
 
 (2.) Who, being of the age of nine years or upwards, has not 
 obtained a certificate of proficiency in reading, writing, and 
 elementary arithmetic, unless such child during such employment 
 attends an efficient school on every school day for two and a half 
 hours between seven o'clock in the morning and six o'clock in 
 the evening, when not prevented by sickness or other unavoidable 
 cause. 
 
 18. 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 certificate of proficiency, shall be deemed to have 
 undertaken the duty of a parent with respect to the elementary 
 education of such child so long as the child remains with him ; and if 
 he does not cause such child to receive efficient elementary instruc- 
 tion, he may be proceeded against as if he were the pai-ent of such child ; 
 but the duty of the parent shall not thereby be diminished or dis- 
 charged, nor shall the parent be thereby exempted from liability to be 
 proceeded against as herein provided. ^ 
 
 Proceedings on 
 disobe<lience to 
 order of 
 Magistrate for 
 attendance at 
 school. 
 
 Schedule : 
 Form Xo. (J : 
 Form No. 7. 
 
 Provisions 
 with regard to 
 emplo.yment 
 of children. 
 
 Obligation on 
 person em- 
 ploying child 
 in domestic 
 service.
 
 498 
 
 No. 3.J THE LA WS OF BRlTim GUIANA : [A.D. 1876. 
 
 Giving of 
 certificate of 
 attendance 
 at school. 
 
 Schedule : 
 Form No. 8. 
 
 Giving of 
 certificate of 
 proficiency 
 to child when 
 qualified. 
 
 Schedule : 
 
 Form No. 0. 
 
 Employer of 
 cliild working 
 on plantation. 
 
 Duty of 
 employer of 
 child to obtain 
 certificate of 
 attendance 
 at school. 
 
 E.xception to 
 prohibition of 
 ein|)lovrnent 
 of children. 
 
 19^_(1.) Every teacher of a school receiving a Colonial grant shall 
 be bound, without charge, when requested to do so, to give weekly to 
 the employer of every child attending the school wherein he teaches, 
 a certificate in the Form No. 8 contained in the Schedule to this 
 Ordinance, stating the periods during which such child has attended 
 school during the previous week, and if such child has been absent 
 from the school, the cause of such absence, so far as the teacher may 
 be able to ascertain the same. 
 
 (2.) Every teacher who refuses to give such certificate without 
 charge to every employer requiring the same shall, on being convicted, 
 be liable to a penalty not exceeding five dollars. 
 
 20. The Inspector of Schools and every Assistant Inspector of 
 Schools shall be bound to give, free of cost, to any child who is able 
 to read and write, and who can work out any questions in Simple 
 Addition, Subtraction, Multiplication, and Division, a certificate of 
 proficiency in the Form No. 9 contained in the Schedule to this 
 Ordinance : and such certificate shall exempt the parent and all 
 employers of such child from any proceeding under this Ordinance for 
 not providing instruction or for employing any child in contravention 
 of this Ordinance. 
 
 2 1 . The manager of a plantation on which any child performs any 
 work for the proprietors thereof shall, subject to the other pro- 
 visions of this Ordinance, be deemed to have taken such child into his 
 employment. 
 
 22. — (1.) Every employer of a child who has not obtained a certifi- 
 cate of proficiency, and every manager of a plantation 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 has 
 been employed or has begun so to work on the plantation, obtain a 
 certificate from a teacher of a school that the child has attended school 
 as required by this Ordinance during the previous week or has been 
 prevented from attending school by sickness or other unavoidable 
 cause. 
 
 (2.) Such employer or manager shall keep such certificate for six 
 months after the date thereof, and shall produce the same to any Educa- 
 tional District Officer or other authorised person when required during 
 such period, and shall pay to the teacher of such child the school 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 has so paid. 
 
 (3.) Every employer of any such child, or the manager of any 
 plantation on which any such child is so employed, who does not obtain 
 such certificate with respect to such child, shall, subject to the other 
 provisions of this Ordinance, be deemed to have employed such child in 
 contravention of this Ordinance. (Amd. 19 of 1900, s. 22.) 
 
 23. No person shall l)e deemed to liave taken any child into his 
 emplf)yment, or to have employed any child, in contravention of this 
 Ordinance, if it is proved, to the satisfaction of the Stipendiary Magis- 
 trate having cognizance of the case, either — 
 
 (1.) That during the employment there is not within two miles, 
 . measured according to tlie nearest road, from the residence of such
 
 A.D. 1876.] ELEMENTARY EDUCATION. 
 
 [No. 3. 
 
 199 
 
 child any Aided School or Colonial School open which the child 
 can attend : or 
 (2.) That such employment ])y reason of ])eing during the school 
 holidays, or during the hours during which the school is not open, 
 or otherwise, does not interfere with the efficient elementary 
 instruction of such child, and that the child obtains such instruc- 
 tion in some efficient manner. (Aind. 19 of 1900, s. 23.) 
 
 24. — (I.) Where the offence of taking a child into employment in 
 contravention of this Ordinance is in fact committed by an agent or 
 workman of the em2:)loyer, such agent or workman shall be lialile to 
 a penalty as if he were the employer. 
 
 {'!.) Where an employer charged with taking a child into his 
 employment in contravention of this Ordinance proves that he has used 
 due diligence to enforce the observance of this Ordinance, and either 
 that some agent or workman of his employed the child without his 
 knowledge or consent, or that the child was employed on the prf)duc- 
 tion by the parent of a forged or false certificate and under the l)elief 
 in good faith in the genuineness and truth of such certificate, the em- 
 ployer shall be exempt from any penalty. 
 
 (3.) Where the employer satisfies the person enquiring into the 
 matter that he is exempt under this section by reason of some agent, 
 workman, or parent being guilty, and gives all facilities in his power 
 for proceeding against and convicting such agent, workman, or parent, 
 the person enquiring into the matter shall institute proceedings against 
 such agent, workman, or parent, and not against the employer. 
 (Amd. 19 of 1900, s.-8.) 
 
 25. — (1.) Every person who takes a child into his employment, or 
 employs a child, in contravention of this Ordinance shall be liable, on 
 being convicted, to a penalty not exceeding ten dollars. 
 
 (2.) Every complaint for employing a child in contravention of this 
 Ordinance may be in the Form No. 10 contained in the Schedule to 
 this Ordinance. 
 
 26. Every person who — 
 
 (1.) Willfully makes any false representation as to the age of any 
 child for the purpose of procuring the employment of such child 
 in contravention of this Ordinance ; or 
 
 (2.) Uses any false certificate of proficiency, knowing the same to be 
 false, 
 
 shall be guilty of an oflfence, and, being convicted thereof, shall be 
 liable to a penalty not exceeding twenty-four dollars. 
 
 27. The provisions of the last preceding fourteen sections of this 
 Ordinance (sections 13 to ^6 inclusive) shall apply only to children 
 between the ages of five and twelve years. (6 of 1904, s. 4 (2).) 
 
 Exemption of 
 employer on 
 jtroof of giiilt 
 of some other 
 I)erson. 
 
 Penalty on 
 
 person 
 
 em])lo\'ing 
 
 child in 
 
 contravention 
 
 of the 
 
 Ordinance. 
 
 Schedule : 
 Form No. 10. 
 
 Penalty on 
 
 person wilfully 
 making false 
 representation 
 as to age of 
 child, etc. 
 
 Application 
 of preceding 
 fourteen sec- 
 tions limited. 
 
 Industrial Schools. 
 
 28. Every child required to attend or sent by his parents to an Teacher's 
 
 industrial school mav be detained by the teacher during such hours as po^er of 
 
 V -1 1 '/in I- T rvnrv i\ \ detention over 
 
 may be prescribed. (19 of 1900, s. 9 ) children. 
 
 29. — ( 1 .) Every child attending an industrial school may be employed Employment 
 
 in the vicinity of such school during prescribed hours in agricultural i^jJistriTl" '^* 
 
 School. '
 
 500 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 Provision for 
 children 
 required to 
 attend school 
 for part onl}' 
 of a daj\ 
 
 Execution of 
 order requiring 
 child to be 
 sent to school. 
 
 Powers of 
 Stipendiary 
 Magistrate 
 under Ord. 1 
 of 1852. 
 
 Reading of 
 Holy 
 
 Scriptures 
 daily. 
 
 Religious 
 instruction in 
 Colonial and 
 Public 
 Elementary 
 Schools. 
 
 Conscience 
 clause. 
 
 pursuits on any plantation or lands or in any workshop : Provided 
 always that the full value of any labour performed by a child after 
 deducting the cost of the instruction and of the food (if any) supplied 
 at the cost of the school to such child shall be paid to the parent of or 
 secured for such child. 
 
 (2.) The amount that may be deducted for such cost shall be fixed 
 by the Inspector of Schools. (19 of 1900, s. 10.) 
 
 30. Provision shall be made at every Industrial School for allowing 
 children who are only required to attend an elementary school for 
 two and a half hours in the day to receive instruction in elementary 
 education in such school without becoming subject to the industrial 
 training at such school. (19 of 1900, s. 11.) 
 
 3 1 . Every child ordered by a Stipendiary Magistrate to be sent to 
 an Industrial School may at any time, while the order continues in 
 force, be taken to the Industrial School named in the order by an 
 Educational District Officer or authorised person, or by any person 
 authorised in writing by an Educational District Officer or authorised 
 person. (19 of 1900, s. 12.) 
 
 3-2. Nothing in this Ordinance shall affect the power and jurisdic- 
 tion of any Stipendiary Magistrate under the Industrial and Reforma- 
 tory Schools Ordinance, 1852, and in any case coming before a 
 Stipendiary Magistrate under section 15 or 16 of that Ordinance, such 
 iM agistrate may, in lieu of dealing with the case thereunder, order the 
 child to be sent to the industrial school mentioned in the said 
 Ordinance as if the case had arisen under and was expressly provided 
 for by that Ordinance, and its provisions shall apply to every such 
 order and to any child and the parent and father (as in this Ordinance 
 defined) of any child sent to such school under such order: (19 of 
 1900, s. 13.) 
 
 Beligious Instruction, 
 
 33. — ( 1 .) In every school receiving a Colonial Grant the Lord's Prayer 
 shall, each morning on which the school is open, be publicly repeated 
 at the opening of the school by the teacher of the school, or, if there 
 is more than one, by the principal teacher then present ; and a portion 
 of the Holy Scriptures shall be read daily without comment in such 
 school during school hours. 
 
 (2.) No Colonial Grant shall be made to any school where this 
 section is not complied with. (s. 34.) 
 
 34. In every Colonial School further religious instruction in the 
 Christian Religion shall be given, su})ject to such regulations as may 
 be made by the Inspector of Schools and sanctioned by the Governor 
 and Court of Policy ; and further religious instruction in the Christian 
 Religion may be given in any school receiving a Colonial Grant, but 
 no Colonial (h-ant shall be made to any Aided School for or in respect 
 of instruction in religious subjects, (s. 35, amd. 19 of 1900, s. 14.) 
 
 35. — (1.) Every school receiving a Colonial Grant shall be open to 
 cliildi-en 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 su(;h school ; and no child shall in any such 
 school be placed at any disadvantage with respect to the secular 
 instruction given therein by reason of tihe denomination to which such
 
 A.D. 1876.] 
 
 ELEMENT A K Y ED UCA TION. 
 
 [No. 3. 
 
 501 
 
 child or his parents belongs or l)elong, or by reason of his being with- 
 drawn from any instruction in religious subjects. 
 
 (2.) The time or times during which any religious observance is 
 practised, or instruction in religious subjects is given, at any meeting 
 of the school for elementary 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 Inspector of Schools, 
 (s. 36.) 
 
 School Fees. 
 
 36. — (1.) Every parent of a pupil who attends an Aided School or a 
 Colonial School, after he has attained the age of twelve years, or has 
 passed the prescribed fourth standard, shall be bound to pay to the 
 teacher of such school for every week in which such pupil attends the 
 school, a School Fee not exceeding such sum as may be prescribed. 
 
 {'!.) All School Fees must be paid not later than during the week 
 next following the week in respect of which the same may have become 
 payable. 
 
 (3.) All School Fees shall be applied for the maintenance of the 
 school. (19 of 1900, s. 15, amd. 6 of 1904, s. 4 (3).) 
 
 37. — (1.) If a child whose name is on the register of any school and 
 who has not passed the prescribed fourth Standard 
 
 (a) is absent from the prescribed annual examination, or 
 
 (b) is not a pupil of such school for the prescribed period, before 
 such examination, or 
 
 (c) does not make the prescribed number of attendances before 
 it, and also fails in any of such cases to pass such examination 
 in the standard in which children of his age are usually 
 examined, the parent of such child shall in the absence of 
 any reasonable excuse, be liable to pay to the manager of such 
 school within two months after the date of the examination, 
 a sum equal to the grant which would have been made to such 
 school in respect of such child if such child had passed the 
 examination : 
 
 Provided always that no liability shall be incurred under this sub- 
 section unless the parent of such child has a reasonable time before such 
 examination been warned of the liability he is incurring hereunder. 
 
 (2.) Any return or certificate purporting to be signed by the 
 Inspector of Schools and to state the absence of any such child from 
 or the failure of any such child to pass the prescribed examination 
 shall be priind facie evidence thereof. (19 of 1900, s. 21.) 
 
 38. Any School Fee or any sum payable under section 37 of this 
 Ordinance which is due and unpaid may be sued for and recovered in 
 any Court of competent jurisdiction by the manager of the school or 
 any teacher authorized in writing by such manager to recover it, or 
 in the case of a Colonial Shool by the Inspector of Schools or any one 
 authorized in writing by him, and shall in all Courts be deemed a debt 
 due to the person suing, by the parent. (19 of 1900, s. 19.) 
 
 Payment anil 
 application of 
 school fees. 
 
 Liability of 
 parent whose 
 child does 
 not attend 
 examination, 
 etc. 
 
 Recovery of 
 
 school fees, 
 etc. 
 
 Supply of Schools. 
 
 39. — (1.) If sufficient school accommodation for the education in E.stablishment 
 efficient elementary schools of all the children living in any Educational of Colonial 
 District is not provided before the 30th day of June, 1878, or if in any
 
 502 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1876. 
 
 Maintenance 
 of school for 
 children on 
 plantation. 
 
 Allowance of 
 joint school for 
 two or more 
 plantations. 
 
 District the Governor-in-Council on economical or other grounds 
 directs him to do so, the Inspector of Schools, as soon as the funds 
 are provided for the purpose by the Combined Court, shall erect proper 
 schoolhouses and establish and maintain sufficient schools in such 
 
 District. 
 
 ( 2. ) Such schools when established shall be called Colonial Schools. 
 
 (3.) When a Colonial School has been established in any Educa- 
 tional District, the Inspector of Schools may, at his discretion, after 
 fair notice, withdraw or withhold all Colonial Grants from any Aided 
 School within two miles of the Colonial Schoolhouse. (s. 41, amd. 19 
 of 1900, ss. 14 and 16.) 
 
 40. (1.) The proprietor of a plantation in cultivation on which 
 
 there are thirty children or more shall be bound to provide and main- 
 tain on such plantation, at such place or places as may be approved of 
 by the Inspector of Schools, an efficient school or efficient schools, to 
 the satisfaction of the Inspector of Schools, for the elementary educa- 
 tion of such children, and shall be entitled to receive a Colonial Grant 
 on the same conditions as grants are made to other schools. 
 
 (2.) Every proprietor of a plantation in cultivation who fails to 
 provide or efficiently to maintain such school or schools shall be liable, 
 on being convicted, to a penalty not exceeding fifty dollars for each 
 month or part of a month during which he may be in default, and 
 such penalty may be recovered on the complaint of the Inspector of 
 Schools: Provided always that no proj^rietor shall be compelled or 
 entitled to maintain a school if there is sufficient school accommodation 
 for all the children within one mile of the plantation in cultivation : 
 Provided, also, that no prosecution under this section shall be 
 commenced without the authority of the Attorney General. (Amd. 19 
 
 of 1900, s. 17.) 
 
 (3.) The proprietor of a plantation in cultivation maybe proceeded 
 against for any omission to comply with this section without naming 
 him ; and all process may be served on such proprietor by affixing the 
 document to one of the principal buildings on the plantation in cultiva- 
 tion, and the plantation shall be liable and executable for the amount 
 of the penalty, (s. 42.) 
 
 41. The proprietors of two or more plantations in cultivation may, 
 with the approval of the Inspector of Schools, erect a schoolhouse or 
 schoolhouses and maintain a school or schools for their joint use, if the 
 distance between any two of such plantations in cultivation, measured 
 by a road over which children can pass at all seasons of the year 
 without difficulty, does not exceed two miles, (s. 43.) 
 
 Meaning of 
 "plantation in 
 cultivation." 
 
 Power in 
 certain cases 
 to estimate 
 age of child. 
 
 42. The expression "plantation in cultivation" in the last two 
 preceding sections shall be deemed to mean and to include every 
 collection of houses belonging to the proprietor thereof, situate on a 
 plantation in cultivation and lying wdthin a circle having a diameter 
 of one thousand yards in which more than thirty children reside, 
 (s. 44.) 
 
 Proof of Age of Child, etc. 
 
 43. Whereas it is often a matter of difficulty to ascertain the true 
 ages of children l)orn in this Colony of illiterate i)arents : Be it enacted 
 that, where the age of any child is recjuired to be ascertained in any 
 judicial proceeding under this Ordinance, the Stipendiary Magistrate
 
 A.D. 1876.] ELEMENTARY EDUCATION. 
 
 [No. 3. 
 
 503 
 
 or Judge having cognizance of the proceeding, if the child is produced 
 before him, after considering any evidence on the point which may 
 have l)een adduced and the appearance of the child, and in the absence 
 of clear testimony to the contrary, may declare and note on the pro- 
 ceedings, what, in his opinion, is the true age of such child, and such 
 age, shall, for all purposes connected with that proceeding, be taken to 
 
 (s. 45.) 
 
 be the true age of such child at that time 
 
 44. The Tnspectoi' of Schools, every person authorized in writing 
 by him, and every Educational District Officer shall be entitled to 
 t)btain from the General Register Othce a certified copy of any entry 
 in any register in such Office with respect to the birth of any child 
 on payment of a fee of eight cents, (s. 46, amd. 19 of 1900, s. 18.) 
 
 45. Every school receiving a Colonial Grant shall, for the purposes 
 of this Ordinance, ])e deemed an efficient school, and every parent who 
 causes his child regularly to attend any school I'eceiving a Colonial 
 Grant shall, in all proceedings under this Ordinance, be deemed to 
 have performed his duty with respect to the elementaiy education of 
 his child, (s. 47.) 
 
 Legal Procedure. 
 
 46. All penalties incurred under this Ordinance may be sued for 
 and recovered in a summary manner l^efore any Stipendiary Magis- 
 trate ; and all orders which any such Magistrate is authorized to make 
 under this Ordinance shall be applied for, made, and enforced according 
 to the form of procedure, and subject to the appeal, provided by any 
 Ordinances for the time being in force regulating procedure before 
 Stipendiary Magistrates in the exercise of their summary jurisdiction 
 and appeals from the decisions of Stipendiary Magistrates. (s. 49.) 
 
 47. No person whether complainant, plaintiff or defendant, shall be 
 required to pay any fees for any process in any proceeding, other than 
 those for the recovery of school fees, taken or had under the pro- 
 visions of this Ordinance against the parent or employer of any child. 
 (26 of 1903, s. 4 (1).) 
 
 48. — (1) If it appears to any Stipendiary Magistrate, on the com- 
 plaint of any Educational District Officer or other authorised person, 
 that there is reasonable cause to })elieve that a child is employed in 
 contravention of this Ordinance in any place, whether a building or 
 not, such Magistrate may, by order under his hand, empower an 
 Educational District Officer, or other authorised person, or police officer 
 to enter such place, at any reasonable time within seven days from the 
 date of such order, and to examine such place, and any person found 
 therein, touching the employment of any child therein. 
 
 (2.) Every person who refuses admission to an officer authorized 
 by order under this section, or obstructs him in the discharge of his 
 duty when acting under this section, shall for each offence, on being 
 convicted thereof, be liable to a penalty not exceeding fifty dollars, 
 (s. 52, amd. 19 of 1900, s. 22.) 
 
 49. The Forms contained in the Schedule to this Ordinance may 
 from time to time be varied or altered by the Governor-in-Council, and 
 such varied or altered forms, after the same have been published in 
 TItP Official Gazette, shall have the same effect as if they were 
 incorporated in the said Schedule, (s. 53 ) 
 
 Certificates 
 of birth. 
 
 School 
 receiving 
 Colonial grant 
 to be deemed 
 efficient. 
 
 Procedure 
 and appeal. 
 
 See Ordhuinces 
 No. 12 of 1893 
 ami No. 13 of 
 1893. 
 
 Exemption 
 from payment 
 of fees of 
 process. 
 
 Power to grant 
 warrant to 
 examine place 
 in certain; 
 cases. 
 
 Power to 
 vary Forms, 
 
 Schedule.
 
 504 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 Section 49. 
 
 Section 11. 
 
 British Gi^iana. 
 
 Register of Children in the 
 
 SCHEDULE. 
 
 FORMS. 
 
 Form No. 1. 
 
 Register. 
 
 Educational District. 
 
 
 
 
 
 
 
 
 
 
 
 Si .M 
 
 
 . 
 
 
 
 
 Name 
 of 
 
 
 
 
 
 -s 
 
 
 o 
 
 .3 
 
 en 
 
 13 
 
 
 1 
 
 1 
 
 
 
 
 Child. 
 
 
 
 
 
 <1> 
 
 
 o 
 
 Q 
 
 SI 
 
 CO 
 
 ■3. 
 
 a 
 
 
 -f^ 
 
 
 
 
 
 
 
 
 
 
 
 03 
 
 
 -3 
 
 5h 
 en 
 
 t»i 
 
 o S 
 
 a 
 
 *?; 
 
 a 
 
 1 
 
 a 
 w 
 
 o 
 
 2 
 12; 
 
 
 6 
 
 i 
 
 •A 
 
 g 
 
 O 
 
 6 
 
 S 
 
 02 
 
 
 60 
 
 1 
 
 s 
 
 o 
 
 Ol 
 
 cS 
 ft 
 
 .a 
 Eh 
 
 
 i 
 
 05 
 
 ;z; 
 
 Whether Mother is 
 
 With whom Child i 
 
 What School, if ai 
 attending. 
 
 If not attending Scl 
 Child is receiving I 
 Home. 
 
 o 
 
 4) . 
 
 II 
 
 *-* 
 
 a 
 
 a 
 w 
 
 o 
 
 00 
 
 1 
 
 a 
 
 Section 14. Form No. 2. 
 
 Complaint against Parent for not educating Child. 
 
 British Gtiana. 
 
 The complaint of an Educational District Officer or other authorised 
 
 person, taken before me, the undersigned Stipendiary Magistrate for the 
 District, at in the County of this day of 
 
 1 , who saith that residing at in the said County, 
 
 being the parent, within the meaning of the Elementary Education Ordinance, 
 1876, of the child named and which child is above the age of five 
 
 years and under the age of twelve years, has, for the period of next 
 
 before the date ol this complaint, habitually and without reasonable excuse 
 omitted to provide efficient elementary education for h said child, the said 
 in contravention of the said Ordinance; and thereupon ho, the 
 said Educational District Officer or other authorized person, 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 mentioned, 
 
 (Signed.) 
 
 CD. 
 Stipendiary/ Magistrate.
 
 A.D. 1876. 
 
 ELEMENT A R Y ED UGA TION. 
 
 [No. 3. 
 
 505 
 
 FoiiM No. 3. 
 
 Order on Parent for Attendance of Child at School. 
 
 British Guiana. 
 
 County of 
 
 Be it remembered that on the day of 1 , complaint was 
 
 made before Esquire, Stipendiary Magistrate for the District, 
 
 by an Educational District Officer, or other authorised person, that 
 
 residing at in the County of being tlio parent, within the 
 
 meaning of the Elementary Education Ordinance, 1876, of the chiLl named 
 who is above the age of five years and under the age of twelve years, had, for the 
 period of next before the said day of 
 
 1 , habitually and without reasonable excuse omitted to provide efficient 
 
 elementary education for the said child, the said in contravention 
 
 of the said Ordinance, and that on the day of 1 , at 
 
 the Court Room, at in the said County of the matter 
 
 of the said complaint was heard and investigated by the undersigned Stipendiary 
 Magistrate for the District ; and now, being satisfied of the truth 
 
 of such complaint, I do order that the said do cause the said 
 
 child to attend the School at [_hfre describe the School'] being the 
 
 School which the said parent has selected [^or which, as the parent has not selected 
 any, I have named] on \Jierc specif >/ how mani diijs oh ichich the child is to attend 
 School] in each week during which such School shall be open for hours 
 
 on each such day. 
 
 Dated this day of 1 , at 
 
 (Signed.) 
 
 CD. 
 Stipendiary Magistrate. 
 
 Section 14, 
 
 Form No. 4. 
 
 Complaint against Child found habitually wandering. 
 
 British Guiana. 
 
 The complaint of an Educational District Officer, or other authorised 
 
 person, taken before me, the undersigned Stipendiary Magisti'ate for the 
 District, at in the County of this day of 
 
 1 , who saith that being a child subject to the provisions of 
 
 the Elementary Education Ordinance, 1876, has, for the period of 
 next before the date of this complaint, been found within the Edu- 
 
 cational District habitually wandering, ['>r not under proper control, or in the 
 company of rogues or vagabonds or disorderly persons or reputed criminals, as the 
 circumstances of the case may require], 
 
 A. B 
 
 Taken before me the day and year and at the place first above mentioned. 
 
 (Signed.) 
 
 C. B. 
 Stipendiary Magistrate 
 
 Section 15. 
 
 Form No. 5. 
 
 Order under Section 15. 
 British Guiana. 
 
 Be it remembered that on the day of 
 
 Court Room in the County of 
 Elementary Education Ordinance, 1876, I, 
 trate for the District, do order that 
 
 VOL. I. 
 
 Section 15. 
 
 1 , at the 
 
 in pursuance of the 
 
 Stipendiary Magis- 
 
 being a child 
 
 35
 
 506 
 
 No. 3.] THE LA W8 OF BRITISH GUIANA . [A.D. 1876. 
 
 Section 16. 
 
 siiliject to the provisions of section lo of the saiil (^idinance, do attend the Publie 
 Klementary School at beine; 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 he 
 
 open for hours on each such day, [or he sent to the Industrial School 
 
 at or he delivered to his parent]. 
 
 Dated this 
 
 day of 
 
 (Signed.) 
 
 CD. 
 
 Stipendiary 3Iayistrate. 
 
 Form No. 6. 
 
 Complaint for Non-Compliance with Order of Magistrate. 
 
 British Gciana. 
 
 The complaint of an Educational District Officer or other authorized 
 
 person, taken before me, the undersigned Stipendiary Magistrate for the 
 District, at in the County of this day of 
 
 1 , who saith that heretofore on the day of 1 , 
 
 an order was made by Esquii-e, Stipendiary Magistrate for 
 
 the District, that being the parent, within the 
 
 meaning of the Elementary Education Ordinance, 1876, 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 Ordinance, and thereupon he, the said Edvica- 
 tional District Officer, or other authorized person, makes application that the said 
 may be dealt with according to Law. 
 
 A.B. 
 
 Taken before me the day and year and at the place above-mentioned. 
 
 (Signed.) 
 
 C. D. 
 Stipendiary Magistrate. 
 
 Note. — For a second or any subseqiient case of non-comjtliance ii-ith an order made by 
 a Stipendiary Magistrate after tke icords " to comply with the said order, in contravention 
 of the said Ordinance," proceed us foUon-s : — and further that he, tlie said 
 heretofore, and before the period mentioned in this complaint, to wit, on the day 
 
 of 1 , was adjudged to have failed to comply witli the said order without 
 
 reasonable excuse. 
 
 Section 16. 
 
 Form No. 7. 
 Order under Section 16. 
 
 British Guiana. 
 
 an Educational District Officer, or 
 
 to appear to me, the undersigned 
 
 Whereas on the complaint of 
 other authoriKcd person, it has been made 
 
 Stipendiary Magistrate for the District, that, without any 
 
 reasonable excuse, the order made by Esquire, Stipendiary 
 
 Magistrate for th(> District, requiring that residing 
 
 at in the County of being the ]iarent, within 
 
 the meaning of the Klementary Education Ordinance, 1876, of the child named 
 should cause such child to attend, and that such child should 
 attend, the S(;hool thereiTi 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 reasonal)le efforts to enforce compliance 
 with the said order, I, the said Stipendiary Magistrate, do, this
 
 A.D. 1876.] ELEMENTARY EDUCATION. 
 
 [No. 3. 
 
 507 
 
 day of 19 , at order the said 
 
 to pay to the said Educational District Officer, or other authorized person, the 
 sum of and if the said sum is not paid forthwith [or on or 
 
 before the day of next] I do order and adjudge the 
 
 said to be imprisoned in the Prison at in the 
 
 said County, and there kept to hard hibour, for the space of days, 
 
 unless the said sum shall be sooner paid. 
 
 Dated this day of 19 , at in the said 
 
 County. 
 
 (Signed.) 
 
 C. D. 
 Stipendiary Magistrate. 
 
 Note. — It here, in thefrst case of non-compJiance, the Magistrate orders the child to he 
 sent to an Industrial Schoo!, jjroct'fd from the n-ords "has not been compUed wth " as 
 folloirs : — and whereas the said parent, the said has satisfied me that he has 
 
 used all reasonable eftbrts to enforce compUance with the said order, I, the said Magistrate, 
 under the provisions of the said Ordinance, do, this day of 
 
 1 , at in the County of order that the said 
 
 shall be sent to the Industrial School at and there detained until he 
 
 day of 1 
 
 ]Vhere, in the second case of non-compliance, the Magistrate orders the child to he sent 
 to an Industrial School, proceed from the words in the form " has not been complied 
 witli ' ' <is folloirs : — and whereas the said has been prenously adjudged to 
 
 have failed, without reasonable excuse, to comply with such order, I, the said Magistrate, as 
 in the last case. 
 
 British Guiana. 
 
 Form No. 8. 
 School Certificate 
 
 Section 19, 
 
 r hereby certify that the undermentioned child [or children] 
 
 has [or have] attended the School kept by me at for the Number 
 
 of Hours, and at the Time on each Day specified in the Columns opposite to 
 his [or her or their] Name [or Names] daring the week ending on Saturday, 
 the day of 1 , and that the causes of absence stated 
 
 are true, to the best of my belief : — 
 
 
 Monday. 
 
 Tuesday. 
 
 Wednesday. 
 
 Tliursday. 
 
 Friday. 
 
 
 Name 
 
 of 
 ChUd. 
 
 Time. 
 
 Tune. 
 
 Time. 
 
 Time. 
 
 Time. 
 
 Causes 
 
 of 
 Absence. 
 
 
 From. 
 
 To. 
 
 From. 
 
 To. 
 
 From. 
 
 To. 
 
 From. 
 
 To. 
 
 From. 
 
 To. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Dated this 
 
 day of 
 
 (Signed.) 
 
 Schoohnatter. 
 [or Schoolmistress.] 
 
 Note. — Under the Column • ' Time, ' ' the periods of the day that each Child attends School 
 shall be stated, as thus, from 9 to 1'2, or any other time, as the case may be, and aU the Chil- 
 dren employed on the same Plantation wlio attend School before one o'clock in the afternoon 
 shall be entered together, distinct from those wlio attend School after one o'clock. 
 
 The time when each Child attends School shall be stated in the Coluum for each day, in 
 
 VOL. I. 
 
 35a
 
 508 
 
 Section 20. 
 
 Section 25. 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1876. 
 
 the handwriting of the Schoolmaster ; and no certificate shall lie valid unless the School- 
 master, in his own handwriting, subscribes to it his Christian and Surname in fuU. 
 
 In the case of any Child who has been absent from Scliool, the letter A shall be insei-ted 
 mider the day or days of absence, and the cause of absence shall be inserted in tlie Column 
 headed " Causes of Absence," as far as the same can be ascertained ; and when any day has 
 been a holiday at the School, the word "Holiday" sliall be entered in the Column of 
 the day. 
 
 All School Certificates, if given on loose sheets, shall, as soon as received, be fixed in a book, 
 to be called " The School Certificate Book " in the order of their respective dates. Copies 
 of the above Fonns may be bound together in a book for each Plantation. 
 
 British Glian^*. 
 I, 
 
 FoBM No. 9. 
 Certificate of Frqficiency . 
 
 Inspector of Schools, do hereby certify that I have examined 
 and that he, the said is able to read and wiite, 
 
 and can work out questions in Simple Addition, Subtraction, Multiplication, and 
 Division. 
 
 Dated this 
 
 day of 
 
 1 
 
 , at 
 
 (Signed. 
 
 A. B. 
 
 Inspector of Schools. 
 
 Form No. 10. 
 
 Complaint for employing Child in Contravention of the Ordinance. 
 
 British Guiana. 
 
 The complaint of taken before me, the undersigned Stipendiary 
 
 Magistrate for the District, at in the County of this 
 
 day of 1 , who saith that residing at 
 
 in the said County, did on the day of 1 , 
 
 take into his employment \_or employ] at in the said County, one 
 
 then being a child subject to the provisions of the Elementary 
 
 Education Ordinance, 1876, in contravention of the said Ordinance. 
 
 A.B. 
 
 Taken before me this day and year and at the place above mentioned. 
 
 (Signed.) 
 
 C. D. 
 Stipendiary Magistrate. 
 
 OKDINANCE No. 4 OF 1876. 
 
 A.D. 1876. An Oudtnance to vest in the Colony the Propert}^ now 
 * held by Queen's College Grammar School and the 
 
 Property now vested in the Lord Bishop of Guiana 
 known as " Bisho[)'s College." 
 
 [3rd February, 1877.] 
 
 WHEREAS, with the object of establishing a Colonial 
 
 Cellege and a Training College, it was resolved by the 
 
 Governor and Court of Policy, on the 16th day of June, 
 1876, as follows : — 
 
 "That arrangements be made for the acquirement by the Colony 
 of the lands, buildings, and premises known as the Queen's
 
 A.D. 1876.] 
 
 QUEEN'S COLLEGE, ETC. 
 
 [No. 4. 
 
 509 
 
 College Grammar School and the Bishop's College, i'i)r tlie 
 purposes of the said Colonial College and the said Training 
 College, upon such terms as may be approved by the Governor 
 and Court of Policy, for a sum not exceeding ten thousand 
 pounds ; " 
 
 And whereas on the 17th day of June, 1876, the Combined Court 
 resolved to make the requisite provision for these objects ; 
 
 And whereas on the yth day of August, 1876, it was resolved by 
 the Governor and Court of Policy as follows : — 
 
 " The Court, having reference to the Resolutions of the Combined 
 Court by which it was resolved that arrangements should be 
 made for the acquirement by the Colony of the lands and pre- 
 mises known asC^'ueens College Grammar School and Bishop's 
 College, upon such terms as may be approved by the Governor 
 and Court of Policy, for a sum not exceeding ten thousand pounds, 
 and, having reference to the value of the lands and premises, and 
 desiring to express their sense of the efforts made by His Lord- 
 ship the Bishop for the cause of education in this Colony, do 
 approve of the full sum of ten thousand pounds being applied for 
 the purchase of such lands and premises ; " 
 
 And whereas the President of the Council of the said Queen's 
 College Grammar School and the Governors thereof, in whom the said 
 premises kn(jwn as the Queen's College Grammar School are now vested, 
 and the Lord Bishop of Guiana, in whom the said premises known as 
 Bishop's College are now vested, have consented that the Colony 
 should acquire the said properties for the said sum of ten thousand 
 pounds, and that the said sum should be paid to the Lord Bishop of 
 the Diocese ; 
 
 And whereas it is expedient to vest the said properties in the Colony : 
 
 Be it therefore enacted by the Govei'nor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. The piece of land known as Lot No. 84, situated in South Vesting in the 
 Cumingsburg District, in the City of Georgetown, in the County of Colony of Lot 
 Demei'ara, which is now vested in the Queen's College Graimnar eHiminUbni''- 
 School, with all the buildings and erections thereon of every kind or Georgetown. 
 description, is hereby vested in absolute dominion in the Colony. 
 
 2. The pieces of land known as the East Half of the West Half and Vesting in the 
 the East Half of Lot No. 4 and Lots Nos. 5, 6, 19, 20, and 21, situated ^^rtTin other 
 in the New Charlestown District, in the City of Georgetown, in the lots in New 
 County of Demerara, which are now vested in the Lord Bishop of Charlestown, 
 Guiana, with all the buildings and erections thereon of every kind or "^"^^ 
 description, are hereby vested in absolute dominion in the Colony. 
 
 3. — (1.) The Receiver General shall, out of the Colonial Revenues, Payment of 
 pay to the Lord Bishop of Guiana the sum of ten thousand pounds or Purchase 
 forty-eight thousand dollars, and, until the whole of the said sum is properties 
 fully paid, shall out of the Colonial Revenues pay half-yearly to the vested. 
 said Bishop interest at the rate of five per cent, per annum from the 
 1st day of January, 1877, on such part of the said sum as may at any 
 time remain unpaid after the said 1st day of January, 1877. 
 
 (2.) All the Colonial Revenues not especially appropriated by any
 
 510 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [ A.D. 1876 
 
 Ordinance now in force are hereby pledged for the due payment of the 
 said sum of ten thousand pounds or forty-eight thousand dollars, with 
 the said interest thereon. 
 
 Lien or 4. Any liens or mortgage claims which may exist on any of the said 
 
 mortgage on properties shall, to the amount of the same and to the like extent, 
 
 aff°erthe sum affect and may be enforced against the said sum so directed to be paid. 
 so to be paid. 
 
 A.D. 1877. 
 
 — ♦ — 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 Prohibition of 
 small stallion 
 being allowed 
 to go at large. 
 
 Mode of 
 dealing with 
 small stallion 
 found at large. 
 
 ORDINANCE No. 1 OF 1877. 
 
 An Ordinance to improve the Breed of Horses. 
 
 [28th July, 1877.] 
 
 WHEREAS in order to improve the breed of horses it is expedient 
 to prevent stallions of small size from being allowed to go at 
 large : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Horses (Improvement of 
 Breed) Ordinance, 1877. 
 
 2. In this Ordinance, — 
 
 " Small Stallion " means a stallion of the age of two years and 
 upwards which is not more than fourteen and a half hands in 
 height, such height to be measured by a straight line from the 
 low^est part of the hoof of either of the fore-feet to the highest 
 part of the wdthers, and every hand to contain four inches. 
 
 3. — (1.) No person shall suffer any small stallion to go at large. 
 (2.) Every person who suffers 'awj small stallion to go at large 
 shall be guilty of an offence, and, being convicted thereof, shall pay a 
 penalty of twenty-four dollars, and the whole of such penalty shall be 
 paid to the informer. 
 
 4. — (1.) Any person who finds any small stalhon at large, in any 
 place other than an enclosed place, may enter thereon and seize such 
 small stallion, and take the same to the nearest Pound, and the person 
 in charge of such Pound shall thereupon report to the Stipendiary 
 Magistrate of the District in which sut-li Pound is situated that such 
 stallion has been brought to sucii Pound. 
 
 (2.) The Stipendiary Magistrate, on receiving such report, shall 
 thereafter cause such stallion to be measured, and, if he is satisfied that 
 such stallion is a small stallion within the meaning of this Ordinance, 
 he shall order that such stallion sliall be pul)licly sold, after an adver- 
 tisement of such sale has been inserted in Hie Official Gazette on three 
 successive Saturdays, at a time and place to be named in such order, 
 and shall further order that the proceeds arising from such sale, after 
 deducting all expenses, shall be paid to the person seizing such stallion, 
 unless before the day of such sale the owner pays all the expenses, and
 
 A.D. 1877.] 
 
 TRA L\IXa INSTITUTIOX. 
 
 [No. 2. 
 
 511 
 
 a further sum of twenty-four dollars, to the person who seized such 
 stallion. 
 
 (3.) Every small stallion so ordered to he sold shall, unless pre- 
 viously reclaimed, be sold at the time and place appointed, and the 
 proceeds arising from such sale shall be dealt with as directed by tlie 
 said order. 
 
 5. AH proceedings under this Ordinance for the recovery of a penalty Procedure 
 
 shall 1)6 taken under the provisiims of any Ordinance for the time being *"" appeal, 
 
 in force regulating procedure before Stipendiary Magistrates in the '^^ iw'isos 
 exercise of their summary jurisdiction, and shall Ije subject to the 
 
 appeal provided by any Ordinance for the time being in force regulating Scc Ordiimncc 
 
 appeals from the decisions of Stipendiary Magistrates. ^°- ^'^ "/ ^^''*3- 
 
 ORDINANCE No. 2 OF 1877. 
 
 An Ordinance to establish and regulate an Institution 
 for the Training of Teachers for Primary Schools. 
 
 [7th November, 1877.] 
 
 A.D. 1877. 
 
 — ♦ — 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Training Institution Ordin- Short title. 
 ance, 1877. 
 
 2. An Institution shall be established at which both male and female Establishincut 
 persons may be properly trained to become efficient teachers for institution. 
 primary schools ; and such Institution shall be called " The Training 
 Instituticm of British Guiana." 
 
 3. — (I.) The Governor may appoint a Superintendent of the Appointment 
 
 Institution, and such masters as may be considered necessary. dent"and" ^" 
 
 (2.) The Superintendent and masters shall receive such salaries as masters. 
 may from time to time be provided for them by the Combined Court. 
 
 4. The Superintendent may appoint such number of attendants and Apiwintment 
 servants as may be approved of by the Governor, and such attendants ^^^^ ^"^ ^'^ *' 
 and servants shall receive such remuneration as may be sanctioned by 
 the Governor. 
 
 5.- — (I) Thei'e shall be attached to the Institution a primary school, 
 which may be used by the persons who are being trained at the 
 Institution as a practising school. 
 
 (2 ) Such school shall be a Colonial School, and provision shall be 
 made for the instruction of boys, girls, and infants at such school. 
 
 6. Before any person shall be admitted to be trained in the Insti- 
 tution, he or she shall pass such an examination as may be prescribed 
 for that purpose by the Inspector of Schools. 
 
 7. Every person who may be admitted to be trained in the Insti- 
 tution shall, except during the vacations or when sick, be bound to 
 reside at the Institution, unless he or she receives permission from the 
 
 Primary school 
 to be attached 
 to the 
 Institution. 
 
 Entrance 
 examination 
 
 Residence 
 of person 
 admitted.
 
 512 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [ A.D. 1877. 
 
 Management 
 of the Insti- 
 tution. 
 
 Expulsion 
 from the 
 Institution. 
 
 Making of 
 annual report 
 on the 
 Institution. 
 
 Superintendent, with the sanction of the Inspector of Schools, to reside 
 elsewhere. 
 
 8. The Institution shall be under the management and control of 
 the Inspector of Schools, and it shall be the duty of the Inspector of 
 Schools to frame regulations for the following purposes, that is to say, — 
 
 (1.) For regulating the age at which persons may be admitted into 
 
 the Institution, the examination to be passed before admission, 
 
 and the qualifications necessary for admission ; 
 (2.) For ensuring the proper separation of the sexes ; 
 (3.) For regulating the course of training, the manner and method of 
 
 instruction, and the hours of study ; 
 (4.) For regulating the diet; 
 (5.) For regulating the punishments which may l^e inflicted for 
 
 misconduct ; 
 (6.) For regulating the examinations which each pe'son shall be 
 
 periodically required to pass ; 
 (7.) For regulating the fees which shall be payable by the persons 
 
 being trained therein ; 
 (^.) For regulating the Colonial School attached to tlie Institution, 
 
 and 
 (9.) Generally for the good government and management of the 
 
 Institution : 
 
 Provided always that any such regulations made by the Inspector of 
 Schools shall not come into force until the same have been laid before, 
 and approved of by, the Governor and Court of Policy, and the Gover- 
 nor and Court of Pohcy may alter or amend any such regulations, and 
 such regulations, as settled by the Governor and Court of Policy, shall 
 be published in The Official Gazette and shall thereupon be binding on 
 all persons concerned. 
 
 9. No person shall be finally expelled from the Institution until the 
 expulsion of such person has been approved of by the Inspector of 
 Schools. 
 
 10. The Superintendent shall Vje bound to submit to the Governor, 
 to be laid before the Governor and Court of Policy, in the month of 
 January in each year, a full report of the working of the Institution, 
 including the working of the Colonial School attached thereto, and of 
 the progress made by the persons who may have been trained at the 
 Institution, during the then preceding year. 
 
 A.D. 1877. 
 
 — ♦ — 
 
 Short title. 
 
 OKDINANCE No. 3 OF 1877. 
 
 An Okdinance for the Prevention of Cattle Stealing. 
 
 [lOth November, 1877.] 
 
 BE it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Cattle Stealing Prevention 
 Ordinance, 1877.
 
 A.D. 1877.] 
 
 CATTLE STEALING. 
 
 [No. 3. 
 
 513 
 
 Interpretation 
 of term. 
 
 Notice to be 
 given of brand 
 before use 
 tliereof. 
 
 Schedule : 
 Form No. 1. 
 
 Filling up of 
 notice where 
 jjcrson giving 
 it is unable to 
 write. 
 
 2. In this Ordinance, the term "cattle" includes any horse, mare, 
 gelding, colt, or filly, any mule or ass, whether male or female, any 
 bull, cow, ox, steer, heifei', or calf, any ram, ewe, sheep, or lami), and 
 any goat or kid, whether inale or female. 
 
 3. — (1.) No pers(m shall Itraiid with any brand, or shall mark with 
 any mark likely to be permanent, any cattle until the expiratif)n of 
 fourteen days after he has caused to Ije given at some Police Station a 
 notice under his hand, in the Form No. 1 contained in the .Schedule to 
 this Ordinance specifying the brand or mark which such person intends 
 to use for the purpose of marking the cattle belonging to him, or in 
 his custody, or under his control, and further specifying on what part 
 of the body of the animal he intends to place sucli brand or mark. 
 
 (2.) Such notice shall state the place of residence of the person 
 giving the notice. 
 
 4. If any person who desires to give the notice hereinbefore required 
 is unable to write, he shall state verbally to some member of the Police 
 Force at a Police Station who can write the particulars necessary to 
 enable the member of the Police Force to fill up such notice, and such 
 member of the Police Force shall, without any fee, fill up or write such 
 notice, and, after reading over the same to such person, shall require 
 such person to put his mark thereto, and shall then date and sign his 
 name to such notice as a witness to such mark. 
 
 5. — (1.) Every member of the Police Force who receives any such Keeping of 
 notice shall give a receipt for the same in the Form No. 2 contained in p*^^'^*^"^ "^ 
 the Schedule to this Ordinance to the person giving such notice, and ^ " 
 shall at once forward the same to the Inspector General of Police. poim xo. 2. 
 
 (2.) Tlie Inspector General shall cause a register of brands and 
 marks for cattle to be kept for the whole Colony. 
 
 (3.) Such register shall be termed the Register of Brands, and may 
 be in such form as the Inspector General of Police deems convenient. 
 
 6. If, on receiving any such notice, the Inspector General of Police Power to the 
 considers that the use of the brand or mark specified in such notice Inspector 
 would be inconvenient or cruel or likely to give rise to error or mistake, ,.equirc altera- 
 he shall cause to be served, at the place of residence mentioned in such tion of brand, 
 notice, an intimation under his hand that such brand or mark is not to 
 be used, and thereupon the person giving such notice shall be bound to 
 select for his use some other brand or mark, and to give notice thereof 
 in the manner hereinbefore prescribed. 
 
 7. — (1.) Every person who — 
 
 («.) Brands with any brand, or places any mark likely to be per- 
 manent on, any cattle before fourteen days have elapsed after 
 he has caused to be given at some Police Station the notice 
 hereinafter required ; or 
 
 {I).) Brands or marks in any manner likely to be permanent any 
 cattle with any brand or mark other than the brand or mark 
 specified in the notice given by him ; or 
 
 (c.) Brands or marks with any brand or mark likely to be per- 
 manent any cattle on any part of the animal other than the 
 part specified in the notice given by him ; or 
 
 {d.) Uses any brand or mark after an intimation from the 
 Inspector General of Police has been served at the place of 
 
 Offences under 
 the Ordinance.
 
 514 
 
 No. 3.] THE LA WS OF HRLTLHH GUIANA : [A.D. 1877. 
 
 i-esidence mentioned in the notice given by him that such 
 brand or mark is not to be used 
 
 shall be guilty of an oiience, and, being convicted thereof, shall be liable 
 to a penalty of twenty-five dollars. 
 
 ( 2.) The proof that the notice hereinbefore required was duly given 
 and the time when such notice was given shall be on the person pro- 
 ceeded against under this section : Provided always that the production 
 of the receipt for the notice purporting to be signed by any member of 
 the Police Force shall be prima facie evidence that such notice was 
 given at the time stated in such receipt. 
 
 Punishment 
 of person 
 
 8. Every person who unlawfully and with intent to defraud brands 
 
 . . with any brand or places any mark likely to be permanent on, any 
 
 with hifent ^ cattle shall be guilty of a misdemeanor, and, being convicted thereof, 
 
 to defraud. shall be liable to be kept in penal servitude for five years, or to be 
 
 imprisoned, with hard labour, for any term not exceeding two years. 
 
 Keeping for 
 specified time 
 of skins of 
 slaughtered 
 cattle. 
 
 Power to the 
 Police to enter 
 premises where 
 cattle are 
 slaughtered. 
 
 Maintenance 
 and closing of 
 gates at 
 certain 
 bridges. 
 
 Power to the 
 Police to stop 
 person driving 
 cattle and 
 make inquiries. 
 
 9. — (1.) Every person who slaughters or causes to be slaughtered in 
 any place other than the Georgetown Market any bull, cow, ox, steer, 
 heifer, calf, ram, ewe, sheep, lamb, goat, or kid shall be bound to keep 
 the skin of such animal for forty-eight hours after such animal has been 
 slaughtered, and shall during such time be bound to produce such skin 
 to any member of the Police Force or constable who may require to see 
 the same. 
 
 (2.) Every person who refuses or neglects to produce the skin of 
 any such animal which he has caused to be slaughtered to any member 
 of the Police Force or constable retjuiringto see the same within forty- 
 eight hours after such animal has been slaughtered, shall be guilty of 
 an offence, and, being convicted thereof, shall be liable to a penalty of 
 twenty-five dollars. 
 
 10. Every member of the Police Force and constable may at any 
 time enter on any premises on which he may have cause to believe that 
 any bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, goat, or kid 
 is about to be slaughtered or has been slaughtered, and may examine 
 all such animals, and the carcases and skins of all such animals, found 
 thereon. 
 
 1 1 . Gates shall be maintained across the bridges over the Mahaica, 
 ]\Ialiaicony, Abary, and Canje Creeks, and such gates may be kept closed 
 and fastened from six o'clock in the evening to six o'clock in the morn- 
 ing : Provided always that due provision shall be made for allowing all 
 persons who may have lawful oct-asion to do so to pass through such 
 gates at all times. 
 
 12. Every member of the Police Force and constable may stop and 
 detain any person driving aiiy bull, cow, ox, steer, heifer, calf, ram, ewe, 
 shee]), lamb, goat, or kid along any public highway or road, and may 
 reijuire such person to give to liiin full information as to the place from 
 which and to which such animal is ))eing driven, and as to the name 
 and residence of the owner thereof, and may arrest every such person 
 who refuses or neglects to give full or satisfactory information as afore- 
 said, and may detain such person in custody until he can be brought 
 before a Stipendiary Magistrate, and may detain every animal found 
 in the possession of such person.
 
 A.D. 1877.] 
 
 CA TTLE STEA L ING. 
 
 [No. 3. 
 
 515 
 
 13. Any extract from the Register of Brands kept under the provi- Use as 
 sioiis of this Ordinance, if the same purports to })e certified under the ext, "t^fi m 
 hand of the Inspector General of PoHce or of any Inspector of Police, Register of 
 shall, without proof of the signature, be received in all Courts of ^'rauds. 
 Justice as prima facie evidence of the facts stated therein. 
 
 14. All penalties incurred under the provisions of this Ordinance I'locedure 
 shall be sued for and recovered undei* the provisions of any Ordinance "'" appea . 
 for the time being in force regulating procedure before Stipendiary 7^0 12 oHSol 
 Magistrates in the exercise of their summary jurisdiction, and shall be 
 subject to the appeal provided by any Ordinance for the time being 
 in force regulating appeals from the decisions of Stipendiary 
 Magistrates. 
 
 .S'ee Ordinance 
 No. 13 of 1893. 
 
 SCHEDULE. 
 
 FOKMS. 
 
 Form No. 1. 
 
 Notice of Intention to use Brand or Mark. 
 
 Notice. 
 
 British Ctuiana. 
 
 To the Police Officer in Charge of the Police Station at 
 
 Notice is this day 1 , hereby given to you that the 
 
 Brand or Mark with which I intend to mark all the \_here spccifj the description of 
 Cattle intruded to be )nar/ced as Honied Cattle, Horses, Sheep, or Goeits, as the case may 
 b(f\ belonging to me is the following, that is to say, [here specify and describe the 
 Brand or Mark, and the part of the body of the Animal on tvhich such Brand or Mark is 
 to be placed^ and that my residence is at 
 
 (Signed.) 
 
 A. B. 
 
 Section 3. 
 
 British Guiana. 
 
 Form No. 2. 
 Jieceipt for Notice. 
 
 Police Station. 
 
 Section 5. 
 
 I hereby acknowledge to have this day of 1 , 
 
 received from the Notice of which the following is a true copy : — 
 
 Copy oi' Notice. 
 
 To the Police Officer in Charge of ike Police Station at 
 
 Notice is this day of 1 , hereby given to you that 
 
 the Brand or Mark with which I intend to mark all the [here specify the description 
 of Cattle intended to be markid as Horned Cattle, Hones, Sheep, or Goats, as the case may 
 be'] belonging to me is the follow ing, that is to say, [here specify and describe the 
 Brand or Mark, and the part of the body of the Animal on u-hich such Brand or Mark 
 is to be placed] and that mv residence is at 
 
 (Signed.) 
 
 A. B. 
 
 and I give this receipt for the same in terms of section 5 of the Cattle Stealing 
 Prevention Ordinance, 1877. 
 
 (Signed.) 
 
 C. B. 
 Member of the Police Force.
 
 516 
 
 No. 4.] THE LAWS OF BRITISH GUIANA: [A.D. 1877. 
 
 A.D. 1877. 
 
 — ♦ — 
 See also 
 Ordinance 
 iV^o. 10/1846. 
 
 ORDINANCE No. 4 OF 1877. 
 
 An Okdinance for consolidating in one Ordinance 
 certain Provisions usually inserted in Ordinances 
 relating to the Constitution and Management of 
 Companies incorporated for carrying on Under- 
 takings of a public nature. 
 
 [5th January, 1878.] 
 
 WHEREAS it is expedient to comprise in one general Ordinance 
 various provisions relating to the constitution and management 
 of companies usually introduced into Ordinances authorizing 
 the execution of undertakings of a public nature by such companies : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 
 
 Interpretation 
 of terms in the 
 Ordinance and 
 Ordinances 
 incorporated 
 therewith. 
 
 Arrangement 
 of the 
 Ordinance. 
 
 Preliminary. 
 
 1. This Ordinance may be cited as the Companies' Clauses and 
 Powers Consolidation Ordinance, 1877. 
 
 2. Ill the construction of this Ordinance and of any other Ordinances 
 which may be incorporated therewith, unless the context otherwise 
 requires, — 
 
 " The Special Ordinance " shall mean any Ordinance which may be 
 passed incorj^orating any company for the purpose of carrying 
 on any undertaking and with which this Ordinance may be in- 
 corporated : 
 
 " Prescribed " shall mean prescribed or provided for the purpose 
 referred to in the Special Oi"dinance : 
 
 " The undertaking " shall mean the un'ertaking or works of what- 
 ever nature which may by the Special Ordinance be authorized 
 to be executed : 
 
 " Justice " shall mean any Stipendiary Maiiistrate : 
 
 " The company " shall mean the company constituted by the Special 
 Ordinance : 
 
 " The directors " shall mean the directors of the company, and sliall 
 include all j^ersons having the direction of the undertaking, 
 whether under the name of directors, managers, or committee of 
 management or under any other name : 
 
 " Shareholder " shall mean shareholder, jiroprietor, or member of 
 the company ; and, in referring to any such shai'eholder, expres- 
 sions properly applicable to a person shall be held to apply to a 
 corporation : 
 
 " The secretary " shall mean the secretaiy of the company, and 
 shall include the word "clerk." 
 
 3. This Ordinance is divided into Parts, as follows : — 
 
 Part I. — Introductory Provisions. 
 
 Part II. — Distributi(m of Capital of Company into Shares. 
 
 Part III. — Transfer or Transmission of Shares.
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 -)V 
 
 Part IV. — Payment of Subscriptions and means of enforcing Pay- 
 ment of Calls. 
 Part V.- — l^'^orfeiture of Shares for Non-Payment of Calls. 
 Part VT. — Cancellation and Surrender of Shares. 
 Part VII. — Remedies of Creditors of Company against Shareholders. 
 Part VIII. — Borrowing of Money by Company on Mortgage or 
 
 Bond. 
 Part IX. — Conversion of BoiTowed Money into Capital. 
 Part X. - Additional Capital. 
 Part XI. — Consolidation of Shares into Stock. 
 Part XII.— Debenture Stock. 
 Part XIII. — General Meetings of Company and Exercise of Right 
 
 of Voting by Shareholders. 
 Part XIV. — Appointment and Rotation of Directors. 
 Part XV. — Powers of Directors, and Powers of Company, to be 
 
 exercised only in General Meeting. 
 Part XVI. — Proceedings and T-iabilities of Directors. 
 Part XVII. — -Appointment and Duties of Auditors. 
 Part XVIII. — Accountability of Officers of Company. 
 Part XIX. — Keeping of Accounts, and Right of Inspection thereof 
 
 by Shareholders. 
 Part XX. — Making of Dividends. 
 Part XXI.— Making of By-Laws. 
 Part XXII. — Settlement of Disputes by Arbitration. 
 Part XXIII. — Giving of Notices. 
 Part XXIV. — Recovery of Damages not specially provided for and 
 
 of Penalties. 
 Part XXV. — Provisions to be made for affording Access to the 
 
 Special Ordinance. 
 Part XXVI. — Change of Name of Company. 
 
 PART I. 
 
 Introductory Provisions. 
 
 4. This Ordinance, so far as the same may be applicable thereto, 
 shall apply to every company, incorporated either before or after the 
 commencement of this Ordinance, which may obtain a Special Ordin- 
 ance incorporating this Ordinance, save so far as the provisions of this 
 Ordinance may be expressly varied or excepted by such Special 
 Ordinance. 
 
 Application of 
 the Ordinance. 
 
 5. Any portion of the provisions of this Ordinance may be incorpo- 
 rated with any other Ordinance, and for the purpose of incorporating 
 any Part of this Ordinance in any other Ordinance, it shall be sufficient 
 to enact that the Part of this Ordinance so proposed to be incorporated 
 (describing such Part as it is hereinbefore described) shall be incorpo- 
 rated with such Ordinance, 
 
 Partial 
 incorporation 
 of tlie 
 Ordinance 
 with other 
 Ordinance. 
 
 6. Whenever this Ordinance or any Part thereof, or any portion of 
 the provisions of this Ordinance, is incorporated with any other Ordin- 
 ance, this Ordinance, or the Part thereof, or the portion of the pro- 
 visions of this Ordinance so incorporated, so far as the same may be 
 applicable thereto, and the other Ordinance shall form one Ordinance, 
 
 Effect of incor- 
 poration of 
 the Ordinance.
 
 518 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1877. 
 
 save so far as the provisions of this Ordinance may be expressly varied 
 or excepted by the provisions of the other Ordinance, and such other 
 Ordinance shall be construed as if the substance of the provisions of 
 this Ordinance so incorporated were set forth therein. 
 
 Division of 
 capital into 
 shares. 
 
 Shares to be 
 
 personal 
 
 estate. 
 
 Shareholders. 
 
 Register of 
 Shareholders. 
 
 Shareholders' 
 Address Book. 
 
 Issue of 
 certificate of 
 share. 
 
 PART II. 
 
 Distribution op Capital of Company into Shares. 
 
 7. The capital of the company shall be divided into shares of the 
 prescribed number and amount ; and such shares shall be numbered in 
 arithmetical progression, beginning with number one ; and every such 
 share shall be distinguished by its appropriate number. 
 
 8. All shares in the undertaking shall be personal estate and shall 
 be considered as movable property, and transmissible as such, and 
 shall not be of the nature of real estate or immovable property. 
 
 9. Every person who has subscribed the prescribed sum or upwards 
 to the capital of the company, or has otherwise become entitled to a 
 share in the company, and whose name has been entered on the register 
 of shareholders hereinafter mentioned, shall be deemed a shareholder 
 of the company, 
 
 10. The company shall keep a book to be called the "Register of 
 Shareholders," and in such book shall be fairly and distinctly entered, 
 from time to time, the names of the several corporations, and the names 
 tind additions of the several persons, entitled to shares in the comjaany, 
 together with the number of shares to which such shareholders are 
 respectively entitled, distinguishing each share by its number, and the 
 amount of the subscriptions paid on such shares ; and the surnames or 
 corporate names of the said shareholders shall be placed in alphabetical 
 order ; and such book shall be authenticated by the common seal of 
 the company being affixed thereto, and sucli authentication shall take 
 place at the first ordinary meeting, or at the next subsequent meeting, 
 of the company, and so from time to time at each ordinary meeting of 
 the company. 
 
 11. — (1.) In addition to the said register of shareholders, the company 
 shall provide a book, to be called the " Shareholders' Address Book," in 
 which the secretary shall from time to time enter in alphabetical order 
 the corporate names and places of business of the several shareholders 
 of the company, being corporations, and the surnames of the several 
 other shareholders, with their respective christian names, places of 
 abode, and descriptions, so far as the same may be known to the 
 company. 
 
 (2.) Every shareholder, or, if such shareholder is a corporation, 
 the clerk or agent of such corporation, may at all convenient times 
 peruse such book without charge, and may require a copy thereof or of 
 any part thereof ; and for every hundred words so required to be 
 copied, the company may demand a sum n(')t exceeding twenty-five 
 cents. 
 
 12. — (1.) On demand of the holder of any share, the company shall 
 cause a certificate of the proprietorship of such share to be delivered to
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 r)19 
 
 such sliareholder, and such certificate shall have the common seal of the 
 
 company affixed thereto, and such certificate shall sj)eeify the share in 
 
 the undertaking to which such shareholder is entitled, and the same 
 
 mav be according to the Form No. 1 contained in the Schedule to this Schedule: 
 
 Ordinance or to tli(! like effect. *'orm No. 1. 
 
 (2.) For every such certificate the company may demand any sum 
 not exceeding the prescribed amount, or, if no amount is prescribed, 
 then a sum not exceeding one dollai\ 
 
 13. Any such certificate shall be admitted in all Courts as /?rmf? Use of 
 facie evidence of the title of such shareholder, his heirs, executors, certificate as 
 administrators, successors, or assigns, to the share therein specified ; ^"^"'^'i^^®- 
 but, nevertheless, the want of such certificate shall not prevent the 
 holder of any share from disposing thereof. 
 
 14. — (1.) If any such certificate is worn out or damaged, then, upon Renewal of 
 the same being produced at some meeting of the directors, the directors certificate. 
 may order the same to be cancelled, and thereupon another similar 
 certificate shall be given to the party in whom the property of such 
 certificate and of the share therein mentioned may at the time be 
 vested, or if such certificate is lost or destroyed, then, upon proof 
 thereof to the satisfaction of the directors, a similar certificate shall be 
 given to the party entitled to the certificate so lost or destroyed ; and 
 in either case a due entry of the substituted certificate shall be made 
 by the secretary in the register of shareholders. 
 
 (2.) For every such certificate so given or exchanged the company 
 ma}' demand any sum not exceeding the prescribed amount, or, if no 
 amount is prescribed, then a sum not exceeding one dollar. 
 
 PART III. 
 
 Transfer or Transmission of Shares. 
 
 15.— (1.) Subject to the Regulations in this Ordinance or in the 
 Special Ordinance contained, every shareholder may sell and transfer 
 all or any of his shares in the undertaking, or all or any part of his 
 interest in the capital stock of the compan}^, in case such shares are, 
 under the provisions hereinafter contained, consolidated into capital 
 stock. 
 
 (2.) Every such transfer shall be by a written instrument in which 
 the consideration shall be truly stated, and such instrument may be 
 according to the Form No. 2 contained in the Schedule to this Ordin- 
 ance or to the like effect. 
 
 16. — (1.) An instrument of transfer (when duly executed) shall be 
 delivered to the secretary, and be kept by him, and the secretary shall 
 enter a memorial thereof in a book to be called the " Register of 
 Transfers," and shall endorse such entry on the instrument of transfer, 
 and shall, on demand, deliver a new certificate to the purchaser. 
 
 (2.) For every such entry, together with such endorsement and 
 certificate, the company may demand any sum not exceeding the 
 prescribed amount, or, if no amount is prescribed, then a sum not 
 exceeding one dollar. 
 
 (3.) On the request of the purchaser of any shai'e, an endorsement 
 of such transfer shall be made on the certificate of such share, instead 
 
 General right 
 to transfer 
 sliares, and 
 mode of 
 transfer. 
 
 Schedule : 
 Form No. 2. 
 
 Register of 
 Transfers.
 
 520 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [ A.D. 1877. 
 
 of a new certificate being granted, and such endorsement, being signed 
 by the secretary, shall be considered in every respect the same as a 
 new certificate. 
 
 (4.) Until such instrument of transfer has been so delivered to 
 the secretar}^ as aforesaid, the vendor of the share shall continue liable 
 to the company for any calls that may be made upon such share, and 
 the purchaser of the share shall not be entitled to receive any share of 
 the profits of the undertaking or to vote in respect of such share. 
 
 Restriction 
 on right of 
 transfer. 
 
 Closing of 
 transfer books. 
 
 Authentica- 
 tion of trans- 
 mission of 
 share other- 
 wise than by 
 transfer. 
 
 Proof of 
 transmission 
 by marriage, 
 will, etc. 
 
 17. No shareholder shall be entitled to transfer any share after any 
 call has been made in respect thereof, until he has paid such call, nor 
 until he has paid all calls for the time being due on every share held 
 by him. 
 
 18. — (1.) It shall be lawful for the directors to close the register of 
 transfers for the prescribed period, or, if no period is prescribed, then 
 for a period not exceeding fourteen days, previous to each ordinary 
 meeting, and they may fix a day for the closing of the same, of which 
 seven days' notice shall be given by advertisement in some newspaper 
 as hereinafter mentioned. 
 
 (2.) Any transfer made during the time when the transfer books 
 are so closed shall, as betw^een the company and the party claiming 
 under the same but not otherwise, be considered as made subsequently 
 to such ordinary meeting. 
 
 19. — (1.) If the interest in any share has become transmitted in 
 consequence of the death, or bankruptcy, or insolvency of any share- 
 holder, or has become affected in consequence of the marriage of any 
 shareholder, or by any other lawful means than by a transfer according 
 to the provisions of this or the Special Ordinance, such transmission 
 shall be authenticated by an affidavit as hereinafter mentioned, or in 
 such other manner as the directors may require. 
 
 (2.) Every such affidavit shall state the manner in which, and the 
 party to whom, such share or any interest thereon has been so trans- 
 mitted, and shall be made and signed by some credible person before 
 any person authorized to administer oaths to affidavits ; and such 
 affidavit shall he left with the secretary, and thereupon he shall enter 
 the name of the person entitled under such transmission to such share 
 or to an interest therein in the register of shareholders. 
 
 (3.) For every such entry the company may demand any sum not 
 exceeding the prescribed amount, and, if no amount is prescribed, then 
 a sum not exceeding one dollar. 
 
 (4.) Until such transmission of such share or of such interest 
 therein has been so authenticated, no person claiming by virtue thereof 
 shall be entitled to receive any share of the profits of the undertaking 
 or to vote in respect of any such share as the holder thereof. 
 
 20. If the transmission of a share or of any interest therein is by 
 virtue of the marriage of a shareholder, the said affidavit shall contain 
 a copy of the register of such marriage or other particulars of the 
 celebration thereof, and shall declare the identity of the parties ; and 
 if such transmission has taken place by virtue of any testamentary 
 instrument or l)y intestacy, the office copy of the will, or the probate of 
 the will, or the letters of administration (where such letters have been 
 obtained), or an affidavit proving the fact of such intestacy and that 
 the relationship of the parties is such that the transmission has taken
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 521 
 
 place by operation of law, as the case may require, shall, together with 
 such first-mentioned affidavit be produced to the secretary ; and, upon 
 such atHdavit or affidavits in any of the cases aforesaid, the secretary 
 shall make an entry of the affidavit or affidavits in the register of 
 transfers. 
 
 21. — (1.) The company shall not be bound to see to the execution of Relation of 
 any trust, whether express, implied, or constructive, to which any of trusP^ff *t 
 the said shares may be subject. ing Bhares. 
 
 (2.) The receipt of the party in whose name any such share stands 
 in the books of the company, or, if it stands in the name of more 
 parties than one, the receipt of one of the parties named in the register 
 of shareholders, shall from time to time be a sufficient discharge to the 
 company for any dividend or other sum of money payable in respect 
 of such share, notwithstanding any trusts to which such share may 
 then be subject, and whether or not the company has had notice of 
 such trusts ; and the company shall not be bound to see to the appli- 
 cation of the money paid u^Don such receipt. 
 
 PART IV. 
 
 Payment of Subscriptions and Means of Enforcing Payment 
 
 OF Calls. 
 
 22. The several persons who have subscribed any money towards Payment of 
 the undertaking, or their legal representatives respectively, shall pay subscription 
 the sums respectively so subscribed, or such portions thereof as may for. 
 from time to time be called for by the company, at such times and 
 places as may be appointed by the company, and, with respect to the 
 provisions in this Ordinance or in the Special Ordinance contained for 
 enforcing the payments of calls, the word " Shareholder " shall extend 
 to and include the legal representatives of such shareholder. 
 
 23. — (1.) It shall be lawful for the company from time to time to Power to 
 make such calls of money upon the respective shareholders in respect '^^^® <=^11^- 
 of the amount of capital respectively subscribed or owing by them, 
 as it may think fit, provided that twenty-one days' notice at the 
 least is given of each call, and that no call exceeds the prescribed 
 amount, if any, and that successive calls are not made at less than the 
 prescribed interval, if any, and that the aggregate amount of calls 
 made in any one year does not exceed the prescribed amount, if any. 
 
 (2.) Every shareholder shall be liable to pay the amount of the 
 calls so made, in respect of the shares held by him, to the persons and 
 at the times and places from time to time appointed by the company. 
 
 24. If, before or on the day appointed for payment, any shareholder Liability for 
 does not pay the amount of any call to which he is liable, then such '"*''''?^* °" 
 shareholder shall be liable to pay interest for the same at the rate 
 
 allowed by law from the day appointed for the payment thereof to the 
 time of the actual payment. 
 
 25. It shall be lawful for the company, if it thinks fit, to receive Power to 
 from any of the shareholders willing to advance the same all or any ^^'^^^ interest 
 part of the moneys due upon their respective shares beyond the sums of subscription 
 actually called for, and upon the principal moneys so paid in advance, before call. 
 
 VOL. I. 36
 
 522 
 
 No. 4]. THE LAWS OF BRITISH GUIANA : [A.D. 1877. 
 
 or so much thei'eof as from time to time may exceed the amount of the 
 calls then made upon the shares, in respect of which such advance may 
 be made, the company may pay interest at such rate, not exceeding the 
 legal rate of interest for the time being, as the shareholder paying 
 such sum in advance and the company may agree upon. 
 
 Enforcement 
 of calls by 
 actiou. 
 
 Particulars 
 in action for 
 call. 
 
 Matters to be 
 proved in 
 action for call. 
 
 Proof of 
 proprietorship 
 of share. 
 
 26. If, at the time appointed by the company for the payment of 
 any call, any shareholder fails to pay the amount of such call, it shall 
 be lawful for the company to sue such shareholder for the amount 
 thereof in any Court of Justice navmg competent jurisdiction, and to 
 recover the same, with lawful interest from the day on which such 
 call was payable. 
 
 27. Ill any action or suit to be brought by the company against 
 any shareholder to recover any money due for any call, it shall not be 
 necessary to set forth the special matter, but it shall be sufficient for 
 the company to aver that the defendant is the holder of one share or 
 more in the company (stating the number of shares), and is indebted 
 to the company in the sum of money to which the calls in arrear may 
 amount in respect of one call or more upon one share or more (stating 
 the number and amount of eacii of such calls), whereby an action has 
 accrued to the company by virtue of this and the Special Ordinance. 
 
 28. On the trial or hearing of any such action or suit, it shall be 
 sufficient to prove that the defendant, at the time of making such call, 
 was the holder of one share or more in the undertaking, and that such 
 call w^as in fact made, and such notice thereof given as is directed by 
 this or the Special Ordinance ; and it shall not be necessary to prove 
 the appointment of the directors who made such call or any other 
 matter whatsoever ; and thereupon the company shall be entitled to 
 recover what may be due upon such call, with interest thereon, unless 
 it appears either that any such call exceeds the prescribed amount, or 
 that due notice of such call was not given, or that the prescribed 
 interval between two successive calls had not elapsed, or that calls 
 amounting to more than the sum prescribed for the total amount of 
 calls in one year had been made within that period. 
 
 29. The production of the register of shareholders, or a copy of or 
 extract therefrom certified by the secretary of the company, shall be 
 prima facie evidence of such defendant being a shareholder and of the 
 number and amount of his shares. 
 
 PART V. 
 
 Forfeiture of Shares for Non-Payment of Calls. 
 
 30. If any shareholder fails to pay any call payal)le by him, 
 together with the interest,, if any, that may have accrued thereon, the 
 directors, at any time after the expiration of two months from the day 
 appointed for payment of such call, may declare the share in respect 
 of which such call was payable forfeited, and may do so whether the 
 company has sued for the amount of such call or not. 
 
 Proceedings 31. Before declaring any share forfeited, tlie directors shall cause 
 
 v*^,/^^. *'*'^'^" • notice of such intention to be left at or transmitted by the post to the 
 
 of jjower of usual or last place of abode of the person appearing by the register 
 forfeiture. 
 
 Power to 
 
 declare share 
 forfeited for 
 non-jiayment 
 of call.
 
 A.D. 1877.] COJf PANICS' CLAUSES AND POWERS. [No. 4. 523 
 
 of shareliolders to he tlie proprietor of such share ; and if the liolder 
 of any such share is abroad, or if his usual or last place of abode is 
 not known to the directors, by reason of its being imperfectly 
 described in the shareholders' address ])ook or otherwise, or if the interest 
 in any such share is known by the directors to have become trans- 
 mitted otherwise than by transfer, as liereinbefore mentioned, but an 
 affidavit of such transmission has not been registered as aforesaid, and 
 so the address of the parties to whom the same may have been trans- 
 mitted, or may for the time being belong, is not known to the direc- 
 tors, the directors shall give pu);)lic notice of such intention in The 
 London Gazette and in The Official Gazette of the Colony, and also in 
 some newspaper, as hereinafter mentioned ; and the several notices 
 aforesaid shall l)e given twenty-one days at least before the directors 
 make such declaration of forfeiture. 
 
 32. A declaration of forfeiture shall not take effect so as to Confirmation 
 authorize the sale or other disposition of any share until such declara- of forfeiture 
 tion has been confirmed at some general meeting of the company, ^* general 
 to be held after the expiration of two months at the least from the 
 
 day on which such notice of intention to make such declaration of 
 forfeiture has heen given ; and it shall be lawful for the company to 
 confirm such forfeiture at any such meeting, and, by an order at such 
 meeting or at any subsequent general meeting, to direct the share so 
 forfeited to be sold or otherwise disposed of. 
 
 33. After such confirmation as aforesaid, it shall be lawful for the Sale of for- 
 directors to sell the forfeited share, either by public auction or private feited share, 
 contract, and, if there are more than one such forfeited share, then 
 
 either separately or together, as to them may seem fit, and any 
 shareholder may purchase any forfeited share so sold. 
 
 34. — (1.) A declaration in writing by some credible person not E\adenee as to 
 interested in the matter, made liefore any person duly authorised to forfeiture of 
 administer oaths as aforesaid, that the call in respect of a share was 
 made and notice thereof given, and that default in payment of the 
 call was made, and that the forfeiture of the share was declared and 
 confirmed in manner hereinbefore required, shall be sufficient evidence 
 of the facts therein stated. 
 
 (2.) Such declaration, and the receipt of the treasurer of the com- 
 pany for the price of such share, shall constitute a good title to such 
 share, and a certificate of proprietorship shall be delivered to such 
 purchaser, and thereupon he shall be deemed the holder of such share, 
 discharged from all calls due prior to such purchase ; and he shall not 
 be l:)ound to see to the application of the purchase money, nor 
 shall his title to such share be affected by any irregularity in the 
 proceedings in reference to such sale. 
 
 35. The company shall not sell or transfer more of the shares of Limitation of 
 any such defaulter than will be sufficient, as nearly as can be ascer- power to sell 
 tained at the time of such sale, to pay the arrears then due from such defaulting 
 defaulter on account of any calls, together with interest and the shareholder, 
 expenses attending such sale and declaration of forfeiture ; and if the 
 money produced by the sale of any such forfeited shares is more than 
 sufficient to pay all arrears of calls and the interest thereon due at the 
 time of such sale, and the expenses attending the declaration of for- 
 feiture and sale thereof, the surplus shall, on demand, be paid to the 
 defaulter. 
 
 VOL, I. 36a
 
 524 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Paj'ment of 
 arrears before 
 sale. 
 
 36. If payment of such arrears of calls, and interest and expenses, 
 is made before any share so forfeited and vested in the company has 
 been sold, such share shall revert to the party to whom the same 
 belonged before such forfeiture, in such manner as if such calls had 
 been duly paid. 
 
 PART VI. 
 
 Power to 
 cancel for- 
 feited share. 
 
 Evidence of 
 cancellation 
 of forfeited 
 share. 
 
 Liability to 
 paj-ment of 
 calls in arrear, 
 notwitlistand- 
 ing cancella- 
 tion. 
 
 Deduction of 
 value of for- 
 feited share 
 from amount 
 due in respect 
 thereof. 
 
 Cancellation 
 of forfeited 
 share, with 
 
 Cancellation and Surrender of Shares. 
 
 37. Where any share of the capital of the company is declared for- 
 feited under and in pursuance of the provisions with respect to the 
 forfeiture of shares for non payment of calls contained herein, and the 
 forfeiture is confirmed by a meeting in accordance with the said pro- 
 visions, and notice of the forfeiture has been given, then and in every 
 such case if the directors of the company are unable to sell the share 
 for a sum equal to the arrears of calls and interest and expenses due 
 in respect thereof, the company, at any general meeting held not less 
 than two months after such notice is given, may, in case payment of 
 the arrears of calls, and interest and expenses due in respect thereof, 
 is not made by the registered holder of the share before the meeting is 
 held, resolve that the share, instead of being sold, shall be cancelled, 
 and the share shall thereupon be cancelled accordingly. 
 
 38. An affidavit made by some credible person before a Justice, 
 stating that a sum of money sufficient to pay the arrears of calls, and 
 interest and expenses, due in respect of the share, could not, at the 
 time of the cancellation of the share, be obtained for the same upon 
 the Stock Exchange of the City of London, or of the City of Edin- 
 burgh, or of the City of Dublin, if the shares of the company are 
 quoted on any such IStock Exchanges, and, if such shares are not 
 quoted on any such Stock Exchange, then that such sum could not be 
 obtained, shall be sufficient evidence of the fact so declared. 
 
 39. Where it is so resolved that any share shall be cancelled, the 
 holder thereof shall, from and after the passing of the resolution, be 
 precluded from all right and interest therein and in respect thereof ; 
 but the cancellation shall not affect the liability of the last registered 
 holder of the share to pay to the company all arrears of calls, and 
 interest and expenses, due in respect of the share at the time of the 
 cancellation, or the power of the company to enforce payment 
 thereof by action or otherwise. 
 
 40. Provided always that if the company enforces the payment of 
 the arrears of calls, and interest and expenses, under the last preceding 
 provision, the value of the share at the time of the cancellation thereof 
 shall be deducted from the amount so then due : Provided, also, that 
 if payment of all arrears of calls, and interest and expenses, is made 
 before such meeting as aforesaid is held, the share shall revert to the 
 person to whom it belonged at the time of forfeiture, and shall be 
 re-entered on the company's register accordingly. 
 
 41. Where any .share is declared forfeited, or wdiere any sum pay- 
 able on any share remains unpaid, the company, with the consent in
 
 K.T>. \S'77.] COMPANIES' GLAUSES AND POWERS. [No. 4. 525 
 
 writing of the registered holder of the share and with the sanction of consent of 
 a general meeting, may resolve that the share shall be cancelled, and 
 immediately thereupon the share shall be cancelled, and all liabilities 
 and rights with respect to the share shall thereupon be absolutely 
 extinguished. 
 
 42. The company may from time to time accept, on such terms as Surrender of 
 it may think fit, surrenders of any shares which have not been fully "li^^e. 
 paid up. 
 
 43. The company shall not pay or refund to any shareholder any No money to 
 sum of money for or in respect of the cancellation or surrender of any ^'^ paid for 
 
 share. 
 
 cancellation or 
 surrender. 
 
 44. The company may from time to time, in lieu of any shares that Power to 
 have been cancelled or surrendered, issue new shares of such amounts j^^ ^j^^^ ^^ ^^^^ 
 as will allow the same to be conveniently apportioned or disposed of celled or sur- 
 according to the resolution of any ordinary or extraordinary meeting g^'^^^gg®*^ 
 of the company, and may from time to time fix the amounts and times 
 of payment of the calls on any such new shares, and dispose thereof 
 on such terms and conditions as may be so resolved upon : Provided 
 that the aggregate nominal amount of the new shares shall not exceed 
 the aggregate nominal amount of the shares in lieu of which the new 
 shares are issued, after deducting the amount actually paid up in 
 respect of the shares cancelled or surrendered. 
 
 Liability of 
 shareholders 
 on execvition 
 against 
 companj', to 
 extent of 
 shares not 
 paid up. 
 
 PART VII. 
 
 Remedies of Creditors of Company against Shareholders. 
 
 45. — (I.) If any execution has been issued against the property or 
 effects of the company, and if there cannot be found sufficient whereon 
 to levy such execution, then such execution may be issued against 
 any of the shareholders to the extent of their shares respectively 
 in the capital of the company not then paid up : Provided always 
 that no such execution shall issue against any shareholder except 
 upon an order of the Court in which the action, suit, or other 
 proceeding has been brought or instituted, made upon motion in open 
 Court after sufficient notice in writing to the persons sought to be 
 charged ; and, upon such motion, such Court may order execution to 
 issue accordingly. 
 
 (2.) For the purpose of ascertaining the names of the sharehold'ors, 
 and the amount of the capital remaining to be paid up or. their 
 respective shares, it shall be lawful for any person entitled tf^ any such 
 execution, at all reasonable times, to inspect the register of share- 
 holders without charge. 
 
 46. If, by means of any such execution, -any shareholder has paid Right of share- 
 any sum of money beyond the amount theu due from him in respect of i^,°cr'^execution' 
 calls, he shall forthwith be reimbursed, 'such additional sum by the to re-imbur 
 
 7 ' 
 
 directors out of the funds of the compatiy. 
 
 / 
 
 ■se 
 
 meut
 
 526 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [ A.D. 1877. 
 
 Mode of 
 
 borrowing 
 
 money. 
 
 Power to 
 re-borrow 
 money paid ofif. 
 
 Evidence of 
 authority for 
 borrowing. 
 
 Term and 
 execution of 
 mortgage. 
 
 Schedule : 
 Form No. 3, 
 
 PART VIII. 
 
 BORROAVING OF MoNEY BY COMPANY ON MORTGAGE OR BOND, 
 
 47. If the company is authorised by the Special Ordinance to 
 borrow money on mortgage or bond, it shall be lawful for it, subject 
 to the restrictions contained in the Special Ordinance, to borrow on 
 mortgage or bond such sums of money as may from time to time, 
 by an order of a general meeting of the company, be authorized to be 
 borrowed, not exceeding in the whole the sum prescribed by the 
 Special Ordinance, and for securing the repayment of the money so 
 borrowed, with interest, to mortgage the undertaking, and the future 
 calls on the shareholders, or to give bonds in manner hereinafter 
 mentioned. 
 
 48. If, after having borrowed any part of the money so authorized 
 to be borrowed on mortgage or bond, the company pays off the same, 
 it shall be lawful for it again to borrow the amount so paid off, and 
 so from time to time ; but such power of re-borrowing shall not be 
 exercised without the authority of a general meeting of the company, 
 unless the money is so re-borrowed in order to pay off any existing 
 mortgage or bond. 
 
 49. — (1.) Where by the Special Ordinance the company is restricted 
 from borrowing any money on mortgage or bond until a definite 
 portion of its capital has been subscribed or paid up, or where, by 
 this or the Special Oi'dinance, the authority of a general meeting is 
 required for such borrowing, the certificate of a Justice that such 
 definite portion of the capital has been subscribed or paid up, and a 
 copy of the order of a general meeting of the company authorizing the 
 borrowing of any money, certified by one of the directors or by the 
 secretary to be a true copy, shall be suflicient evidence of the fact of 
 the capital required to be subscribed or paid up' having been so sub- 
 scribed or paid up, and of the order for borrowing money having been 
 made. 
 
 (2.) On production to any Justice of the Books of the company 
 and of such other evidence as he may think sufficient, such Justice 
 shall grant the certificate aforesaid. 
 
 50. — (1.) Every mortgage of the undertaking, or of the future calls 
 on the shareholders for securing money borrowed by the company, 
 shall be passed and executed before one of the Judges of the Supreme 
 Coart (who is hereby authorized to pass the same) in the same manner 
 as mortgages on immovable property are or may be required by law 
 to be passed and executed, and shall be advertised in the same manner 
 as mortgages ^on immovable property situate within the County of 
 Demerara are or may be required by law to be advertised. 
 
 (2.) Every person who would have a right to oppose the passing 
 of such mortgage, if such proposed mortgage were a mortgage on specific 
 imiiiova))le property of the company situate witliin tlie said County 
 sliall have a right to opi)Ose die passing of such mortgage. 
 
 (3.) The consideration fo.r such mortgage shall be truly stated in 
 the mortgage deed. 
 
 (1.) Every such mortgage rijay be in the Form No. 3 contained in 
 the Schedule to this Ordinance : Provided always that nothing in this
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 527 
 
 section shall l)e construed to extend to mortgages on any specific im- 
 movable property of the Company within the Colony, and all such 
 mortgages shall be made, passed, and executed in such manner and form 
 as are now or may from time to time be prescribed l>y law and in the 
 same manner as if this Ordinance had not been passed. 
 
 5 1 . The respective mortgagees shall be entitled to their respective 
 portions of the tolls, sums, and premises comprised in such mortgages 
 and of the future calls payable by the shareholders, if comprised tliere- 
 in, and to be repaid the sums so advanced, with interest, according to 
 their several priorities and rights as ascertained and determined by the 
 said mortgages. 
 
 52. No such mortgage (although it should comprise future calls on 
 the shareholders) shall, unless expressly so provided, preclude the 
 company from receiving and applying to the purposes of the company 
 any calls to be made by the company. 
 
 53. — (1.) Every bond for securing money borrowed by the company 
 may l^e in the Form No. 4 contained in the Schedule to this Ordinance, 
 and the consideration shall be truly stated therein. 
 
 (2.) The respective obligees in such bonds shall proportionally, 
 according to the amount of the moneys secured thereby, be entitled to 
 be paid, out of tolls or other property or effects of the company, the 
 respective sums in such bonds mentioned and thereby intended to be 
 secured, without any preference, one above another, by reason of the 
 priority of date of any such bond or of the meeting at which the same 
 was authorized, or otherwise howsoever, and without any preference 
 over any other creditor. 
 
 54. — (1.) A register of mortgages and bonds shall be kept by the 
 secretary, and, within fourteen days after the date of any such mort- 
 gage or bond, an entry, or memorial, specifying the num])er and date of 
 such mortgage or bond, and the sums secured thereby, and the names 
 of the parties thereto, with their proper additions, shall be made in 
 such register. 
 
 (2.) Such register may be perused at all reasonable times by 
 any of the shareholders, or by any mortgagee or bond creditor of the 
 company, or by any person interested in any such mortgage or bond, 
 without fee or reward. 
 
 55.— (1.) Any person entitled to any such mortgage or bond may 
 from time to time transfer his right and interest therein to any other 
 person. 
 
 (2.) Every such transfer shall be by instrument in writing, wherein 
 the consideration shall be truly stated. 
 
 (3.) Every such transfer shall ])e recorded in the Registrar's Office 
 for the Counties of Demerara and Essequebo. 
 
 (4.) Every transfer of a bond may be in the Form No. 5 contained 
 in the Schedule to this Oi'dinance or to the like effect. 
 
 56.— (1.) Within thirty days after the date of every such transfer, 
 if executed within the Colony, or otherwise within tliirty days after 
 the arrival thereof, in the Colony, it shall be produced to the secretary, 
 and thereupon the secretary shall cause an entry or memorial thereof 
 to be made in the same manner as in the case of the original mortgage, 
 
 Rights of 
 mortgagees. 
 
 Application 
 of calls not- 
 withstanding 
 mortgage. 
 
 Form of bond 
 and rights of 
 obligees. 
 
 Schedule : 
 Form No. 4. 
 
 Register of 
 mortgages 
 and bonds. 
 
 Right and 
 mode of 
 transfer of 
 mortgage or 
 bond. 
 
 Schedule : 
 Form No. 
 
 o. 
 
 Registration 
 of transfer of 
 mortgage or 
 bond.
 
 528 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877 
 
 Payment of 
 interest on 
 money 
 borrowed. 
 
 Repayment 
 of money 
 borrowed 
 at time fixed. 
 
 Repayment 
 of money 
 borrowed 
 where no 
 time fixed. 
 
 Cesser of 
 interest on 
 expiration of 
 notice to pay 
 off mortgage 
 or bond. 
 
 Power in cer- 
 tain cases for 
 mortgagees to 
 enforce 
 
 and after such entry every such transfer shall entitle the transferee to 
 the full benefit of the original mortgage or bond in all respects. 
 
 (2.) No party having made such transfer shall have jiower to make 
 void, release, or discharge the mortgage or bond so transferred or any 
 money thereby secured. 
 
 (3.) For such entry the Company may demand a sum not exceed- 
 ing the prescribed sum, or, if no sum is prescribed, the sum of one 
 dollar ; and until such enti-y the company shall not be in any manner 
 responsible to the transferee in respect of such mortgage. 
 
 57. The interest of the money borrowed upon any such mortgage or 
 bond shall be paid at the periods appointed in such mortgage or bond, 
 and, if no period is appointed, half-yearly, to the several parties en- 
 titled thereto, and in preference to any dividends payable to the share- 
 holders of the company. 
 
 58. The company may, if it thinks proper, fix the period for the 
 repayment of the principal money so borrowed, with the interest 
 thereof ; and in such case the company shall cause such period to be 
 inserted in the mortgage deed or bond, and, upon the expiration of 
 such period, the princij^al sum, together with the arrears of interest 
 thereon, shall, on demand, be paid to the party entitled to such mort- 
 gage deed or bond, and if no other place of payment is inserted in 
 such mortgage deed or bond, such principal and interest shall be pay- 
 able at the principal office or place of business of the company in this 
 Colony or elsewhere, as the case may require. 
 
 59. — (1.) If no time is fixed in the mortgage deed or bond for the 
 repayment of the money so borrowed, the party entitled to the mort- 
 gage or bond may, at the expiration or at any time after the expiration 
 of twelve months from the date of such mortgage or bond, demand 
 payment of the principal money thereby secured, with all arrears of 
 interest, upon giving six months' previous notice for that purpose ; and 
 in the like case the company may at any time pay otf the money 
 borrowed on giving the like notice. 
 
 (2.) Every such notice shall be in writing or print, or both, and 
 if given by a mortgagee or bond creditor, shall be delivered to the 
 secretary or left at the principal office of the Company in this Colony, 
 or elsewhere, as the case may require, and, if given by the company, 
 shall be given either personally to such mortgagee or bond creditor, or 
 left at his residence, or, if such mortgagee or bond creditor is unknown 
 to the directors or cannot after diligent enquiry be found, such notice 
 shall be given by advertisement in The London Gazette and The Official 
 Gazette of the Colony, and in some newspaper as hereinafter mentioned. 
 
 60. If the company has given notice of its intention to pay off 
 any such mortgage or bond, at a time when the same may lawfully 
 be paid oft' by it, then at the expiration of such notice all further 
 intei-cst shall cease to be payable on such mortgage or bond, unless, on 
 demand of payment made pursuant to such notice or at any time 
 thereafter, the company fails to pay the principal and interest due at 
 the expiration of such notice on such mortgage or Ijond. 
 
 61. The mortgagees of the company shall be ('in]i()werod to enforce 
 the, ])ayinent of the arrears of interest, or of the ai'i-cars of i)riiicipal 
 and interest; due on such mortgages, by the appointment of a receiver,
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 529 
 
 and if within thirty days after the interest accruing upon any such payment of 
 mortgage has become payable and after demand thereof in writing, terestbv '" 
 the same is not paid, the mortgagee may, without prejudice to his appointment 
 right to sue for the interest so in arrear in any Court of competent ^^ receiver, 
 jurisdiction, require the appointment of a receiver, by an application 
 to be made as hereinafter provided ; and if, within six months after 
 the principal money or any instalment thereof owing upon any such 
 mortgage has become payable and after demand thereof in writing, 
 the same is not paid, the mortgagee, without prejudice to his right to 
 sue for such principal money, together with all arrears of interest, in 
 any Court of competent jurisdiction, may require the appointment of a 
 receiver, by an application to be made as hereinafter provided. 
 
 62. — (1.) Every application for a receiver in the cases aforesaid Application 
 shall be made to one of the Judges of the Supreme Court of British appoiiitment 
 Guiana in its civil jurisdiction ; and, on any such application, it of receiver, 
 shall be lawful for such Judge, by order in writing, after hearing the 
 parties, to appoint some person to receive the whole or a competent 
 part of the tolls or sums liable to the payment of such interest or such 
 principal and interest, as the case may be, until such interest, or until 
 such principal and interest, as the case may be, together with all costs, 
 including the charges of receiving the tolls or sums aforesaid, has or 
 have been fully paid. 
 
 (2.) On such appointment being made, all such tolls and sums 
 of money as aforesaid shall be paid to and received by, the person so 
 to be appointed ; and the money so to be received shall be so much 
 money received by or to the use of the party to whom such interest or 
 such principal and interest, as the case may be, is or are then due, and 
 on whose behalf such receiver has been appointed. 
 
 (3.) After such interest and costs, or such principal, interest, and 
 costs, have been so received, the power of such receiver shall cease. 
 
 63. At all seasonable times the books of account of the company 
 shall be open to the inspection of the respective mortgagees and bond 
 creditors thereof, with liberty to take extracts therefrom, without fee 
 or reward. 
 
 64. Money bori'owed by the company for the purpose of paying off, 
 and duly applied in paying off, mortgages or bonds of the company 
 given or made under the statutory powers of the Company shall, so far 
 as the same is so applied, be deemed money borrowed within and not 
 in excess of such statutory powers. 
 
 Right of 
 access by 
 mortgagees, 
 etc., to 
 books of 
 account. 
 
 Effect of bor- 
 rowing monej- 
 for j)aying off 
 mortgage, etc. 
 
 PART IX. 
 
 Conversion of Borrowed Money into Capital. 
 
 65. It shall be lawful for the company, if it thinks fit, unless it is power to 
 otherwise provided by the Special Ordinance, to raise the additional raise money 
 sum which the company is authorized to borrow, or any part thereof, 
 by creating new shares of the company instead of borrowing the same, 
 or, having borrowed the same, to continue at interest only a part of 
 such additional sum, and to raise part thereof by creating new shares ; 
 but no such augmentation of the capital as aforesaid shall take place 
 without the previous authority of a general meeting of the company. 
 
 by creating 
 new shares, 
 etc.
 
 530 
 
 No. 4.J THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Character of 
 new shares. 
 
 Right of 
 sliareholders, 
 if existing 
 shares are at 
 a premium, to 
 subscribe for 
 new shares. 
 
 Dealing with 
 new shares. 
 
 Case of exist- 
 ing shares not 
 being at a 
 premium. 
 
 66. The capital so to be raised by the creation of new shares shall 
 be considered as part of the general capital, and shall be subject to the 
 same provisions in all respects, whether with reference to the j^ayment 
 of calls or the forfeiture of shares on non-payment of calls, or other- 
 wise, as if it had been part of the original capital, except as to the 
 times of making calls for such additional capital, and the amount of 
 such calls, which respectively it shall be lawful for the company from 
 time to time to fix as it may think fit. 
 
 67. If, at the time of any such augmentation of capital taking place 
 by the creation of new shares, the then existing shares are at a 
 premium or of greater actual value than the nominal value thereof, 
 then, unless it is otherwise provided by the Special Ordinance, the 
 sum so to be raised shall be divided into shares of such amount as 
 will conveniently allow the same to be apportioned among the then 
 shareholders in proportion to the existing shares held by them re- 
 spectively ; and such new shares shall be offered to the then share- 
 holders in the jDroportion aforesaid, and such offer shall be made by 
 letter under the hand of the secretary given to or sent by post addressed 
 to each shareholder according to his address in the shareholders' address 
 book, or left at his usual or last place of abode. 
 
 68. The said new shares shall vest in and belong to the share- 
 holders who may accept the same and pay the value thereof to the 
 company at the time and by the instalments which may be fixed by 
 the company ; and if any shareholder fails, for one month after such 
 offer of new shares, to accept the same and pay the instalments called 
 for in respect thereof, it shall be lawful for the company to dispose of 
 such shares in such manner as it may deem most for the advantage of 
 the company. 
 
 69. Tf, at the time of such augmentation of capital taking place, 
 the existing shares are not at a premium, then such new shares may be 
 of such amount, and may be issued in such manner and on such terms, 
 as the company may think fit. 
 
 Creation 
 and issue of 
 new ordinary 
 shares or new 
 ordinary 
 stock. 
 
 Part X. 
 
 Additional Capital. 
 
 70. Where any company, incorporated either before or after the 
 commencement of this Ordinance for the purpose of carrying on any 
 undertaking, is authorized l)y any Special Ordinance hereafter passed, 
 and incorporating this Part, to raise any additional sum or sums by 
 the issue of new ordinary shares, or by the issue of new ordinary stock, 
 or (at the option of the company) by either of those modes, then and 
 in every such case the company, with the sanction of such proportion 
 of the votes of the shareholders and stockholders entitled to vote in 
 that behalf at a meeting of the company, present, either personally 
 or l)y proxy, at a meeting of the company specially convened for the 
 purpose, as may be prescribed in the Special Ordinance and, if no pro- 
 portion is prescrilx^d, then of three-fifths of such votes, may, for the 
 purpose of raising the additional sum or sums, from time to time create 
 and issue (according as the authority given by the Special Ordinance 
 extends to shares only, or to stock only, or to l>oth) such new ordinary
 
 K.Ti. IS'T'y.] COMPANIES' CLAUSES AND POWERS. [No. 4. 531 
 
 shares, of such nominal amount, and subject to the payment of calls 
 of such amounts and at such times as the company may think fit, or 
 such new ordinary stock as the company may think fit. 
 
 71. Where any such company is authorized by any Special Ordin- Creation and 
 ance to raise any additional sum or sums by the issue of new prefer- issue of new 
 ence shares, or by tlie issue of new preference stock, or (at the option siif^es^^o^new 
 of the company) by either of those modes, then and in every such jireference 
 case the company with the like sanction as aforesaid, may, for the stock, 
 purpose of raising such additional sum or sums, from time to time 
 
 create and issue (according as the authority given by tlie Special 
 Ordinance extends to shares only, or to stock only, or to both) such 
 new shares or new stock, either ordinary or preference, and either of 
 one class and with like privileges or of several classes and with 
 different privileges, and of the same or diiferent amounts, and respec- 
 tively with any fixed, fluctuating, contingent, preferential, perpetual, 
 terminable, preferred, or other dividend or interest, not exceeding the 
 rate prescribed in the Special Ordinance, and, if no rate is prescribed, 
 then not exceeding the rate of six dollars per cent, per annum, and 
 subject (as to any such new shares) to the payment of calls of such 
 amounts and at such time as the company may from time to time 
 think fit : Provided always that any preference assigned to any shares 
 or stock so issued under the Special Ordinance shall not affect any 
 guarantee, or any preference or priority in the payment of dividend or 
 interest on any shares or stock, which may have been granted by the 
 company under or confirmed by any previous Ordinance or may be 
 otherwise lawfully subsisting. 
 
 72. The preference shares or preference stock so issued shall be Right of pre- 
 entitled to the preferential dividend or interest assigned thereto, out of ference shares 
 the profits of each year, in priority to the oi-dinary shares and ordinary 
 
 stock of the company ; but if in any year ending on the day prescribed 
 in the Special Oi^dinance, and, if no day is prescribed, then on the 
 thirty-first day of December, there are not profits available for the 
 payment of the full amount of pi'eferential dividend or interest for that 
 year, no part of the deficiency shall be made good out of the profits of 
 any subsequent year or out of any other funds of the company. 
 
 73. The terms and conditions to which any preference share or Terms, etc., 
 preference stock is subject shall be clearly stated on the certificate of to be stated 
 that preference share or portion of preference stock. °^ '^^^ mcatc. 
 
 74. If, after having created new shares or new stock, the company Cancellation 
 
 determines not to issue the whole of the new shares or new stock, it of unissued 
 1 J , . 1 1 J > sliares and 
 
 may cancel tlie unissued new shares or new stock. stock. 
 
 75. If, at the time of. the issue of new shares or new stock, the Eight of 
 ordinary shares or ordinary stock of the company are or is at a ordmary share 
 premium, then, unless the company before the issue of the new shares ijoijers if 
 
 or new stock otherwise determines, the new shares or new stock then existing or- 
 
 issued shall be of such amount as will conveniently allow the same to dinary shares 
 
 be apportioned among the then holders of the ordinary stock and ^ premium, to 
 
 ordinary shares respectively, in proportion, as nearly as convenienth' subscribe for 
 
 may be, to the ordinary shares and ordinary stock held by them "^Tck ^^"^^^ ^"^ 
 respectively, and shall be offered to them at par in that proportion : 
 Pi-ovided that it shall not be obligatory on the company so to apportion
 
 532 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 or offer any new shares or new stock unless the amount of every new 
 share or portion of new stock to be so offered would, if so apportioned, 
 be at least the sum prescribed in the Special Ordinance, and, if no sum 
 is prescribed, then at least fifty dollars. 
 
 Mode of 
 offering new 
 shares or stock. 
 
 Vesting of new 
 shares or stock. 
 
 Disposal of 
 new shares 
 or stock to 
 others than 
 shareholders. 
 
 General power 
 to dispose of 
 unappro- 
 priated new 
 shares and 
 stock. 
 
 76. The offer of new shares or new stock shall be made by letter 
 under the hand of the treasurer or secretary of the company given to 
 every such shareholder or stockholder as aforesaid, or sent by post 
 addressed to him according to his address in the shareholders' or 
 stockholders' address book, or left for him at his usual or then last 
 known place of abode ; and every such offer made by letter sent by 
 post shall be considered as made on the day on which the letter, in due 
 course of delivery, ought to be delivered at the place to which it is 
 addressed. 
 
 77. The new shares or portions of new stock so offered shall vest in 
 and belong to the shareholders or stockholders who accept the same 
 or their nominees. 
 
 78. If any shareholder or stockholder fails, for the time prescribed 
 in the Special Ordinance, and, if no time is prescribed, then for one 
 month after the offer to him of new shares or new stock, to signify 
 his acceptance of the same or any part thereof, then and in ever} such 
 case, at the expiration of that period, he shall be deemed to have 
 declined the offer of such new shares or new stock or such part 
 thereof as aforesaid, and the same may be disposed of by the company 
 as hereinafter provided : Provided that where a shai'eholder or stock- 
 holder, from absence abroad or other cause satisfactory to the 
 directors of the company, omits to signify within the time aforesaid 
 his acceptance of the new shares or new stock offered to him, the 
 directors may, if they think proper, permit him to accept the same, 
 notwithstanding that such time has elapsed. 
 
 79. Subject to the preceding provisions, the company may from time 
 to time dispose of jiqw shares and new stock at such times, to such 
 persons, on such terms and conditions, and in such manner as the 
 directors may think advantageous to the company. 
 
 PART XI. 
 
 Consolidation op Shares into Stock. 
 
 Power to con- 80. It shall be lawful for the company from time to time, with the 
 solidate shares consent of three-fifths of the votes of the shareholders present, either 
 in o s oc . personally or by proxy, at any general meeting of the company held 
 
 in the Colony or elsewhere, when due notice for that purpose has been 
 given, to convert or consolidate all or any part ot; the shares then 
 existing in the capital of the company, and in respect whereof the 
 whole money subscribed has be(;n paid up, into a general capital stock, 
 to be divided amongst the shareholders according to their i-espective 
 interests therein. 
 
 Right of 81. — (1.) After such conversion or consolidation has taken place, 
 
 proprietors of ^11 tlu! provisions contained in tliis or tho Spc^cial Ordinance which 
 
 fer^same ^^^^ require or imply that the capital of the company shall be divided into 
 
 shares of any fixed amount and distinguished by numbers shall, as to
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 533 
 
 so much of the capital as may have been so converted or consolidated 
 into stock, cease and be of no effect, and the several holders of such 
 stock may thenceforth transfer their respective inter(!sts therein, or 
 any parts of such interests, in the same manner and subject to the same 
 regulations and provisions as or according to which any shares in the 
 capital of the company might be transferred under the provisions of 
 this or the Special Ordinance. 
 
 (2.) The company shall cause an entry to be made, in some book 
 to be kept for that purpose, of every such transfer, and for every such 
 entry the company may demand any sum not exceeding the prescribed 
 amount, or, if no amount is prescribed, a sum not exceeding one dollar. 
 
 82. The company shall from time to time cause the names of the 
 several parties who may be interested in any such stock as aforesaid, 
 with the amount of the interest therein possessed by them respectively, 
 to be entered in a book to be kept for the purpose and to be called 
 the " Register of Holders of Consolidated Stock ; ' and such book shall 
 be accessible at all reasonable times to the holders of shares or stock in 
 the undertaking. 
 
 83. The several holders of such stock shall be entitled to participate 
 in the dividends and profits of the company, according to the amount 
 of their respective interests in such stock, and such interest shall in 
 proportion to the amount thereof confer on the holders thereof respec- 
 tively the same privileges and advantages, for the' purpose of voting at 
 meetings of the company, qualification for the office of director, and for 
 other purposes, as would have been conferred by shares of equal amount 
 in the capital of the company, but so that none of such pi'ivileges or 
 advantages, except the participation in the dividends and profits of the 
 company, shall be conferred by any aliquot part of such amount of 
 consolidated stock as would not, if existing in shares, have conferred 
 such privileges or advantages respectively. 
 
 84. All the money raised by .the company, whether by subscriptions 
 of the shareholders or by loan or otherwise, shall be apjilied, first, 
 in paying the costs and expenses incurred in obtaining the Special 
 Ordinance and all expenses incident thereto, and, secondly, in carrying 
 the purposes of the company into execution. 
 
 Register of 
 Holders of 
 Consolidated 
 Stock. 
 
 Rights of 
 proprietors of 
 stock to 
 dividends and 
 profits. 
 
 Application of 
 capital. 
 
 PART XII. 
 
 Debenture Stock. 
 
 85. Where any company, incorporated either before or after the Creation and 
 commencement of this Ordinance for the purpose of carrying on any Jf '^^^ °^ ^ 
 undertaking, is authorized by any Special Ordinance to raise money on stock, 
 mortgage or to create and issue debenture stock, then and in every 
 such case the company, subject to the restrictions contained in the 
 Special Ordinance, with the sanction of such proportion of tlie votes 
 of the shareholders and stockholders entitled to vote in that behalf at 
 meetings of the company, present, either personally or by proxy, at a 
 meeting of the company specially convened for the purpose, as may be 
 prescribed in the Special Ordinance, and, if no proportion is prescribed, 
 then of three-fifths of such votes, may from time to time raise all or 
 any part of the money which for the time being it has raised or is
 
 534 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Priority of 
 charge of 
 debenture 
 stock. 
 
 Priorit}' of 
 charge for 
 interest on 
 debenture 
 stock. 
 
 Power in 
 certain cases 
 for holder of 
 debenture 
 stock to 
 enforce 
 payment of 
 arrears by 
 appointment 
 of receiver. 
 
 authorized to raise, on mortgage by the creation and issue at such 
 times, in such amounts and manner, on such terms, subject to such 
 conditions, and with such rights and privileges, as the company may 
 think fit, of stock to be called " Debenture Stock," instead of and to 
 the same amount as the whole or any part of the money which may 
 for the time being be owing by the company on mortgage, or which 
 it may, from time to time, have power to raise on mortgage, and may 
 attach to the stock so created such fixed and perpetual preferential 
 interest as the company may think fit. 
 
 86. Debenture Stock, with the interest thereon, shall be a charge 
 upon the undertaking of the company prior to all shares or stock of 
 the company, and shall be transmissible and transferable in the same 
 manner, and according to the same regulations and provisions, as 
 other stock of the company, and shall in all other respects have the 
 incidents of personal estate and of moveable property. 
 
 87. The interest on debenture stock shall have priority of payment 
 over all dividends or interest on any shares or stock of the company, 
 whether ordinary, or preference, or guaranteed, and shall rank next to 
 the interest payable on the mortgages for the time being of the com- 
 pany legally granted before the creation of such stock ; but the holders 
 of debenture stock shall not, as among themselves, be entitled to any 
 preference or priority. 
 
 88. If, within thirty days after the interest on any such debenture 
 stock is payable, the same is not paid, any one or more of the holders 
 of the debenture stock holding, individually or collectively, the sum in 
 nominal amount thereof prescribed in the Special Ordinance, and if no 
 sum is prescribed, then a sum equal to one-tenth of the aggregate 
 amount which the Company is for the time being authorized to raise 
 by mortgage, by bond, and by debenture stock, or the sum of ten 
 thousand pounds, whichever of the two last-mentioned sums is the 
 smaller sum may (without prejudice to the right to sue in an}' Court 
 of competent jurisdiction for the interest in arrear) require the appoint- 
 ment of a receiver. 
 
 Application 
 for and 
 appointment 
 of receiver. 
 
 89.^(1.) Every such application for a receiver shall be made to one 
 of the Judges of the Supreme Court of British Guiana in its civil 
 jurisdiction, and, on any such application, the Judge may, by order in 
 writing, after hearing the parties, appoint some person to receive the 
 whole or a competent part of the tolls or sums lial)le to the payment 
 of the interest until all the arrears of interest then due on the deben- 
 ture stock, with all costs, including the charges of receiving the tolls 
 or sums, have been fvxlly paid. 
 
 (2.) Up(m such appointment being made, all such tolls or sums 
 shall be paid to and received l)y the person so appointed ; and all 
 money so received shall be deemed so much money received by or to 
 the use of the several persons interested in the same according to their 
 several priorities. 
 
 (3.) The receiver shall distribute rateably and without priority, 
 among all the proprietors of debenture stock to whom interest is in 
 arrear, the money which so comes into his hands, after applying a 
 sutlicient part thereof in or towards satisfaction of the interest on the 
 mortgages or bonds of the company.
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 035 
 
 (k) As soon as the full iunouiit of interest and costs has been so 
 received, the power of tlie receiver shall cease, and he shall be bound 
 to account to the company for his acts ov intromissions or the sums 
 received by him, and to pay over to the company any balance that 
 may be in his hands. 
 
 90. If the interest on debenture stock is in arrear for thirty days Right to 
 next after any of the respective days whereon the same is payable, the lecover arrears 
 holder for the time being thereof may (without prejudice to his jjower actioiroTsiiit 
 to apply for the apjiointment of a receiver) recover the arrears, with 
 costs, by action or suit against the company in any Court of competent 
 jurisdiction. 
 
 91. — (1.) The company shall cause entries of the debenture stock Registration 
 from time to time created to be made in a register to l^e kept for that of debenture 
 purpose, wherein they shall enter the names and addresses of the '^*"'^*'- 
 several persons and corporations from time to time entitled to the 
 debenture stock, with the I'espective amounts of the stock to which 
 they are respectively entitled. 
 
 (2.) The register shall be accessil)le for inspection and perusal at 
 all reasonable times to eveiy mortgagee, bondholder, debenture stock 
 holder, shareholder, and stockholder of the company without the pay- 
 ment of any fee or charge. 
 
 92. The company shall deliver to every holder of debenture stock Delivery of 
 a certificate stating the amount of debenture stock held by him ; and certificate to 
 all regulations or provisions for the time being applicable to certifi- (jebenture 
 cates of shares in the capital of the company shall, mutitis mutandis, stock, 
 apply to certificates of debenture stock. 
 
 93. Nothing in this or the Special Ordinance authorizing the issue Mortgages and 
 of debenture stock shall in any way affect a mortgage or bond at any Montis not to 
 time legally granted by the company before the creation of such stock, [<.^xie of 
 
 or any power of the company to raise money on mortgage or bond ; debenture 
 but the holders of all such mortgages and bonds shall, during the ^^°'^^- 
 continuance thereof respectively, be entitled to the same priorities, 
 rights, and privileges in all respects as they would have been entitled 
 to if the Special Ordinance authorizing the issue of debenture stock 
 had not been passed. 
 
 94. Debenture stock shall not entitle the holders thereof to be status of 
 present or vote at any meeting of the company, or confer any qualifi- holder of 
 cation, but shall, in all respects, not otherwise by or under this or the stock! "^^ 
 special Ordinance provided for, be considered as entitling the holders 
 
 to the rights and powers of mortgagees of the undertaking other than 
 the right to require repayment of the principal money paid up in 
 respect of the debenture stock. 
 
 95. Money raised by debenture stock shall be applied exclusively Application of 
 either in paying off money due by the company on mortgage or bond J"°"^y raisc'l 
 or else for the purposes to which the same money would be applicable s'tock.'''" "''^ 
 if it were raised on mortgage or bond instead of by debenture stock. 
 
 96. Separate and distinct accounts shall be kept by the company Keeping of 
 showing how much money has been received for or on account of accounts of 
 debenture stock, and how much money borrowed or owing on mort- stock, 
 gage or bond, or which it has power so to borrow, has been paid off
 
 536 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Effect of 
 raising money 
 by debenture 
 stock or 
 borrowing 
 powers. 
 
 Application of 
 Part xii. to 
 mortgage 
 preference 
 stock and 
 funded debt. 
 
 Ijy debenture stock or raised thereby, instead of being borrowed on 
 mortgage or bond. 
 
 97. The powers of borrowing and re-borrowing by the company 
 shall, to the extent of the money raised by the issue of debenture 
 stock, be extinguished. 
 
 98. The provisions of this Part shall be deemed to apply to mort- 
 gage preference stock and to funded debt, as the case may require, in 
 all respect as if mortgage preference stock or funded debt were men- 
 tioned throughout this Part wherever debenture stock is mentioned 
 therein. 
 
 Ordinary 
 
 general 
 
 meetings. 
 
 Business at 
 
 ordinary 
 
 meeting. 
 
 Extraordinary 
 
 general 
 
 meetings. 
 
 Business at 
 
 extraordinary 
 
 meetings. 
 
 Power to 
 
 shareholders 
 to rofjuire 
 extraordinary 
 meeting to 
 be held. 
 
 PART XIII. 
 
 General Meetings of Company and Exercise of Right op 
 Voting by Shareholders. 
 
 99. — (1.) The first general meeting of the shareholders of the com- 
 pany shall be held within the prescribed time, or, if no time is pre- 
 scribed, within four months after the commencement of the Special 
 Ordinance, and the future general meetings shall be held at the 
 prescribed periods, and, if no periods are prescribed, in the months of 
 January and July, in each year, or at such other stated periods as may 
 be appointed for that purpose by an order of a general meeting. 
 
 (2.) The meeting so appointed to be held as aforesaid shall be 
 called " ordinary meetings," and all meetings, whether ordinary or 
 extraordinary, shall be held in the prescribed place, if any, and, if 
 no place is prescribed, then at some place to be appointed by the 
 directors. 
 
 100. No matters, except such as are appointed by this or the 
 Special Ordinance to be done at an ordinary meeting, shall be trans- 
 acted at any such meeting, unless special notice of such matters has 
 been given in the advertisement convening such meeting. 
 
 101. Every general meeting of the shareholders, other than an 
 ordinary meeting, shall be called an " extraordinary meeting," and 
 such meetings may be convened by the directors at such times as they 
 may think fit. 
 
 102. No extraordinary meeting shall enter upon any business not 
 set forth in the notice upon which it has been convened. 
 
 103. — (1.) It shall be lawful for the prescribed number of share- 
 holders holding in the aggregate shares to the prescribed amount, or, 
 were the number of share^holders or amount of shares is not prescribed, 
 it shall be lawful for twenty or more shareholders holdiiig in the 
 aggregate not less than one-tenth of the capital of the company, hj 
 writing under their hands, at any time to require the directors to call 
 an extraordinary meeting of the company. 
 
 (2.) Such requisition shall fully express the object of the meeting 
 required to be called, and shall be left at the office of the company, or 
 given to at least three directors, or left at th(;ir last or usual places of 
 abode. 
 
 (3.) Forthwith upon the receipt of such requisition, the directors
 
 A.D. 1877.] COM FANIES'CLAUSE.'S AND POWERS. [No. 4. 
 
 537 
 
 shall convene a meeting of the shareholders, and if, for twenty-one days 
 after such notice, the directors fail to call such meeting, the prescibed 
 number of shart'holders, or such other number of shareholders as afore- 
 said, qualified as aforesaid, may call such meeting by giving fourteen 
 days' public notice thereof. 
 
 1 04. Fourteen days' public notice at the least of every general Notice of 
 meeting, whether ordinary or extraordinary, shall be given by adver- "meeting, 
 tisemeiit, which shall specify the place, tlie day, and the hour of meet- 
 ing ; and every notice of an extraordinary meeting, or of an ordinary 
 meeting, if any other business than the business hereby or by the Special 
 Ordinance appointed for ordinary meetings is to be done thereat, shall 
 specify the purpose for which the meeting is called. 
 
 1 05. — ( 1 . ) In order to constitute a general meeting (whether ordinary Quorum for 
 or extraordinary) there shall be present, either personally or by proxy, general 
 the prescribed (quorum, and, if no quorum is prescribed, then share- 
 holders holding in the aggregate not less than one-twentieth of the capital 
 of the company, and being in number not less than one for every two 
 thousand five hundred dollars of such requii'ed proportion of capital, 
 unless such number would be more than twenty, in which case twenty 
 shareholders holding not less than one-twentieth of the capital of the 
 company shall be the quorum. 
 
 (2.) If, within one hour from the time appointed for such meeting, 
 the said quorum is not present, no business shall be transacted at the 
 meeting other than the declaring of a dividend, in case that is one of 
 the objects of the meeting ; but such meeting shall, except in the case 
 of a meeting for the election of directors, hereinafter mentioned, be 
 held to be adjourned sine die. 
 
 106. At every general meeting one or other of the following persons chairman at 
 shall preside as chairman, that is to say, the chairman of the directors, general 
 or, in his absence, the deputy chairman, if any, or, in the absence of °^^^ ^^^' 
 the chairman and deputy chairman, some one of the directors of the 
 company to be chosen for that purpose by the meeting, or, in the 
 absence of the chairman and deputy chairman and of all the directors, 
 any shareholder to be chosen for that purpose by a majority of the 
 shareholders present at such meeting. 
 
 107. — (I.) The shareholders present at any general meeting shall 
 proceed in the execution of the powers of the company with respect to 
 the matters for which such meeting has been convened, and those 
 only. 
 
 (2.) Every such meeting may be adjourned from time to time and 
 from place to place ; and no business shall he transacted at any ad- 
 journed meeting other than the business left unfinished at the meeting 
 from which such adjournment took place. 
 
 108. At any general meeting every shareholder shall be entitled to 
 vote according to the prescribed scale of voting, and, where no scale is 
 prescribed, every shareholder shall have one vote for every share up to 
 ten, and he shall have an additional vote for every five shares beyond 
 the first ten shares held by him up to one hundred, and an additional 
 vote for every ten shares held by him beyond the first hundred shares : 
 Provided always that no shareholder shall be entitled to vote at any 
 meeting unless he has paid all the calls then due upon the shares held 
 by him. 
 
 VOL. I. 37 
 
 Transaction 
 business at 
 meeting, and 
 adjournment. 
 
 Votes of 
 shareholders.
 
 538 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Mode- of 
 voting. 
 
 Schedule : 
 Forii No. 'i. 
 
 Regulations 
 as to proxies. 
 
 Votes of joint 
 shareholders. 
 
 Votes of 
 lunatics, etc. 
 
 Evidence of 
 proceeding 
 having been 
 carried by 
 requisite 
 majority. 
 
 109. — (1.) The votes may be given, either personally or by proxies, 
 being shareholders authorized by writing according to the Form No. 6 
 contained in the Schedule to this Ordinance, or in a form to the like 
 effect, under the hand of the shareholder nominating such proxy, or, if 
 such shareholder is a corporation, then under its common seal. 
 
 (2.) Every proposition at any general meeting shall be determined 
 by the majority of votes of the parties present, including proxies, 
 the chairman of the meeting being entitled to vote not only as a 
 principal and proxy, but to have a casting vote, if there is an equality 
 of votes. 
 
 110. No person shall be entitled to vote as a proxy unless the in- 
 strument appointing such proxy has been transmitted to the secretary 
 of the company within the prescribed period, or, if no period is pre- 
 scribed, not less than twenty-four hours before the time ajjpointed for 
 holding the meeting at which such proxy is to be used. 
 
 111. If several persons are jointly entitled to a share, the person 
 whose name stands first in the register of shareholders as one of the 
 holders of such share shall, for the purpose of voting at any meeting, 
 be deemed the sole proprietor thereof, and on all occasions the vote of 
 such first named shareholder, either in person or by proxy, shall be 
 allowed as the vote in respect of such share without proof of the con- 
 currence of the other holders thereof. 
 
 112. If any shareholder is a lunatic or idiot, or a fatuous person, or 
 a person wdiose estate is under the administration of a curator, such 
 lunatic, idiot, fatuous person, or person as aforesaid may vote by his 
 tutor, curator, or other person appointed to manage his estate, and if 
 any shareholder is a minor, he may vote by his guardians or curators, 
 or any one of them, and e\^ery such vote may be given either in person 
 or V)y proxy. 
 
 113. Whenever in this or the Special Ordinance the consent of any 
 particular majority of votes at any general meeting is required in order 
 to authoi'ize any proceeding of the company, such particular majority 
 sliall only be re([uired to be proved in the event of a poll being 
 demanded at such meeting, and, if such poll is not demanded, then 
 a declaration by the chairman that the resolution authorizing sucli 
 pi'oceeding has been carried, and an entry to that eff'ect in the book of 
 proceedings of the company, shall be sufficient authority for such pro- 
 ceeding, without proof of the number or proportion of votes recorded 
 in favour of or against the same. 
 
 Number of 
 directors. 
 
 Increase or 
 reduction of 
 number of 
 directors. 
 
 PART XIV. 
 
 Appointment and Rotation of Dirkctous. 
 
 114. The number of directors shall be the prescribed number. 
 
 115. Where the company is authorized by the Special Ordinance 
 to increase or to reduce tli(! number of the directors, it shall be lawful 
 for the company from time to time in general meeting, after due notice 
 for tliat purpose, to increase or reduce tlu^ number of the directors 
 williin the prescribed limits, if any, and to determine the order of
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 539 
 
 rotation in which such ineveasorl or rfdiiced number sliall j^o out of 
 office, and what nuuihei- shall 1)h a (juoruni at their meetings. 
 
 116. — (1.) Tlie directors appointed ])y the Special Ordinance 
 shall, uidess thereby otherwise provided, continue in office until the 
 first ordinary meeting to be held in the year next after that in 
 which the Special Ordinance has been passed ; and at such meeting 
 the shareholders present, personally or by proxy, may either con- 
 tinue in office the directors appointed by the Special (Ordinance, or 
 any number of them, or may elect a new body of directors, or 
 directors to supply tlie places of those not continued in office, the 
 directors appointed by the Special Ordinance being eligible as members 
 of such new body. 
 
 (2.) At the first ordinary meeting to be held every year thereafter, 
 the shareholders present, personally or by proxy, shall elect persons to 
 supply the places of the directors then retiring from office, agreeable 
 to the provisions hereinafter contained ; and the several persons elected 
 at any such meeting, being neither removed nor disqualified nor having 
 resigned, sliall continue to be directors until others are elected in their 
 stead, as hereinafter mentioned. 
 
 117. If, at any meeting at which an election of directors ought to 
 take place, the prescribed quorum is not present within one hour from 
 the time appointed for the meeting, no election of directors shall be 
 made, but such meeting shaM stand adjourned to the following day at 
 the same time and place ; and if at the meeting so adjourned, the pre- 
 scribed quorum is not present within one hour from the time appointed 
 for the meeting, the existing directors shall continue to act and retain 
 their powers until new directors are appointed at the first ordinary 
 meeting of the following year. 
 
 118. No person shall be capable of being a director unless he is 
 a shareholder, nor unless he is possessed of the prescribed number, if 
 any, of shares, and no person liolding an ofiice or place of trust or 
 profit under the company, or interested in any contract with the com- 
 pany, shall be capable of being a director ; and no director shall be 
 capable of accepting any other office or place of trust or profit under 
 tlie company, or of l)eing interested in any contract with the company, 
 during the time in which he is a director. 
 
 119. If any director, at any time subsequently to his election, 
 accepts or continues to hold any other office or place of trust or profit 
 under the company, or is, either directly or indirectly, concei'ned in any 
 contract with the company, or participates in any manner in the 
 profits of any work to be done for the company, or if such director at 
 any time ceases to be a holder of the prescribed number of shares in 
 the company, then, in any of the cases aforesaid, the office of such 
 director shall become vacant, and thenceforth he shall cease from 
 voting or acting as a director : Provided always that no person, being 
 a shareholder or member of any incorporated joint stock company, 
 shall be disqualified or prevented from acting as a director by reason 
 of any contract entered into between such joint stock company and 
 the company incorporated by the Special Ordinance ; but no such 
 director, being a shareholder or member of such joint stock company, 
 shall vote on any question as to any contract with such joint stock 
 company. 
 
 Election of 
 clirectoru. 
 
 Contiuuance 
 of existing 
 directors on 
 failure of 
 meeting for 
 election of 
 directors. 
 
 Qualifications 
 of director. 
 
 Vacation of 
 office by 
 director. 
 
 VOL. I. 
 
 37a
 
 540 
 
 No. 4.] THE LA WH OF BRITISH GUIANA : [A.D. 1877. 
 
 Rotation of 
 directois. 
 
 Filling of 
 
 occasional 
 
 vacancies 
 
 among 
 
 directors. 
 
 120. The directors appointed by the Special Ordinance and con- 
 tinued in office as aforesaid, or the directors elected to supply the 
 places of those retiring as aforesaid, shall, subject to the provision 
 hereinbefore contained for increasing or reducing the number of 
 directors, retire from office at the times and in the proportions fol- 
 lowing ; the persons to retire being in each instance determined by 
 ballot among the directors, unless they otherwise agree, that is to 
 say,— 
 
 (1.) At the end of the first year after the first election of directors, 
 the jjrescribed number, and, if no number is prescribed, one-third 
 of such directors, to be determined by ballot among themselves, 
 unless they otherwise agree, shall go out of office ; 
 
 (2.) At the end of the second year, the prescribed number, and, if 
 no number is prescribed, one-half of the remaining number of 
 such directors, to be determined in like manner, shall go out of 
 office ; 
 
 (3.) At the end of the third year, the prescribed number, and, if no 
 number is prescribed, the remainder of such directors shall go out 
 of office ; and 
 
 (4.) Tn each instance the places of the retiring directors shall be 
 supplied hj an equal number of qualified shareholders ; and at the 
 first ordinary meeting in every subsequent year the prescribed 
 number, and, if no numl)er is prescribed, one-third of the directors, 
 being those who have been longest irkoffiee, shall go out of office, 
 and their places shall be supplied in like manner; but, neverthe 
 less, every director so retiring from office may be re-elected imme- 
 diately or at any future time, and after such re-election shall, with 
 reference to the going out by rotation, be considered as a new 
 director : Provided always that, if the prescribed number of direc- 
 tors is some number not divisible l^y three, and the number of 
 directors to retire is not prescribed, the directors shall in each case 
 determine what number of directors, as nearly one-third as may 
 be, shall go out of office, so that the whole number shall go out 
 of office in three years. 
 
 121. If any director dies, or resigns, or becomes disqualified or in- 
 competent to act as a director, or ceases to be a director by any other 
 cause than that of going out of office by rotation as aforesaid, the re- 
 maining directors, if they think proper to do so, may elect in his place 
 some other shareholder duly qualified to he a director ; and the share- 
 holder so elected to fill up any such vacancy shall continue in office 
 as a director so long only as the person in whose place he may have 
 been elected would have been entitled to continue if he had remained 
 in office. 
 
 General 
 powers of 
 directors. 
 
 PART XV. 
 Powers op Directors, and Powers of Company, to re 
 
 EXERCISED ONLY IN GENERAL MeETINO. 
 
 122. The directors shall have the management and superintendence 
 of the affairs of the company, and they may lawfully exercise all the 
 powers of the company, except as to such matters as are directed by 
 this or the Special Ordinance to be transacted by a general meeting of
 
 A.D. 1877.] COMPANIES' CLAU^E^ AND POWERS. [No. 4. 
 
 541 
 
 the company but all the powers so to be exercised shall be exercised 
 in accoi'dance with and subject to the provisions of this and the Special 
 Ordinance, and the exercise of all such powers shall he subject also to 
 the control and regulation of any general meeting specially convened 
 for the purpose, but not so as to render invalid any act done by the 
 dii-ectors prior to any resolution passed by such general meeting. 
 
 123. Except as otherwise provided by the Special Ordinance, tlie Reservation 
 following powers of the company, that is to say, the choice and removal P* powers to 
 
 .. 1)6 Gxcrcisccl 
 
 of the directors, except as hereinbefore mentioned, and the increasing only in general 
 
 or reducing of their number were authorized by the Special Ordinance, meeting. 
 
 the choice of auditors, the determination as to the remuneration of the 
 
 directors, auditors, treasurer, and secretary, the determination as to 
 
 the amount of money to be borrowed on mortgage, the determination 
 
 as to the augmentation of capital, and the declaration of dividends, 
 
 shall be exercised only at a general meeting of the company. 
 
 PART XVI. 
 
 PROCEEDmOS AND LIABILITIES OP DIRECTORS. 
 
 124. — (1.) The directors shall hold meetings at such times as they 
 may appoint for the purpose, and they may meet and adjourn as they 
 think proper from time to time and from place to place. 
 
 (2.) At any time any two of the directors may require the secretary 
 to call a meeting of the directors. 
 
 (•3.) In oi'der to constitute a meeting of directors there shall be 
 present at least the prescribed quorum, and, if no quorum is prescribed, 
 there shall be present at least one-third of the directors. 
 
 (4.) All questions at any such meeting shall be determined by the 
 majority of votes of the directors present, and, in case of an equal 
 division of votes, the chairman shall have a casting vote, in addition 
 to his vote as one of the directors. 
 
 Meeting of 
 directors. 
 
 125. — (1.) At the first meeting of the directors held after the 
 commencement of the Special Ordinance, and at the first meeting of the 
 directors held after each annual appointment of directors, the directors 
 present at such meeting shall choose one of the directors to act as 
 chairman of the directors for the year following such choice, and 
 shall also, if they think fit, choose another director to act as deputy 
 chairman for the same period. 
 
 (2.) If the chairman or deputy chairman dies, or resigns, or ceases 
 to be a director, or otherwise becomes disqualified to act, the directors 
 present at the meeting next after the occurrence of such vacancy shall 
 choose some other of the directors to fill such vacancy. 
 
 (3.) Every such chairman or deputy chairman so elected as last 
 aforesaid shall continue in office so long only as the person in whose 
 place he may be so elected would have been entitled to continue if 
 such death, resignation, removal, or disqualification had not happened. 
 
 1 26. If, at any meeting of the directors, neither the chairman nor the 
 deputy chairman, if any, is present, the directors present shall choose 
 some one of their number to be chairman of such meeting. 
 
 Election of 
 chairman of 
 directors and, 
 if thought fit, 
 of deimty 
 chairman. 
 
 Choosing of 
 occasional 
 chairman, in 
 absence of 
 regular 
 chairman.
 
 542 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1877. 
 
 Power to 
 directors to 
 appoint com- 
 mittees. 
 
 Proceedings of 
 committee. 
 
 127. It shall be lawful for the directors to appoint one or more 
 committees, consisting of such number of directors as they may think 
 fit, within the prescribed limits, if any, and they may grant to such 
 committees respectively power on behalf of the company to do any 
 acts relating to the affairs of the company which the directors could 
 lawfully do, and which they may from time to time think proper to 
 entrust to them. 
 
 128. A committee may meet from time to time, and may adjourn 
 from place to place, as they may think proper for carrying into effect 
 the purposes of their appointment ; and no such committee shall 
 exercise the powers entrusted to them except at a meeting at which 
 there is present the prescribed quorum, or, if no quorum is prescribed, 
 then a quorum to be fixed for that purpose by the genei'al body of 
 directors ; and at all meetings of the committee one of the members 
 present shall be apjjointed chairman ; and all questions at any meeting 
 of the committee shall be determined by a majority of votes of the 
 members present, and, in case of an equal division of votes, the chair- 
 man shall have a casting vote, in addition to his vote as a member of 
 the committee. 
 
 Exercise of 
 power of 
 making con- 
 tracts on 
 behalf of 
 company. 
 
 Piccording of 
 I)roceedings of 
 company, etc , 
 and effect 
 thereof as 
 evidence. 
 
 129. The power which may be granted to any such committee to 
 make contracts, as well as the power of the directors to make contracts 
 on behalf of the company, may lawfully be exercised as follows, that is 
 to say, — ■ 
 
 (1.) With respect to any contract which, if made between private 
 persons, would by law be required to be in writing, and signed 
 by the parties to be charged therewith, then such committee or 
 the directors may make such contract on behalf of the company 
 in writing, either under the common seal of the company or signed 
 by the members of such committee, or any two of them, or any 
 two of the directors, and in the same manner may vary or discharge 
 the same ; 
 
 (2.) With respect to any contract which, if made between private 
 persons, would by law be valid, although made by parol only, and 
 not reduced into writing, such committee or the directors may 
 make such contract on behalf of the company by parol only, with- 
 out writing, and in the same manner may vary or discharge the 
 same ; and 
 
 (3.) All contracts made according to the provisions herein contained 
 shall be effectual in law, and shall be binding upon the company 
 and their successors, and all other parties thei'eto, their heirs, exe- 
 cutors, or administrators, as the case may be, and on any default 
 in the execution of any such contract, either V)y the company or 
 any other party thereto, such actions or suits may be brought, 
 either by or against the company, as might be brought if the same 
 contracts had been made between private persons only. 
 
 130. — (1.) The directors shall cause notes, minutes, or copies, as the 
 case may require, of all appointments made or contracts entered into 
 l)y the directors, and of the orders and proceedings of all meetings of 
 the company, and of the directors and committees of directors, to be 
 fluly entered in books to be from time to time provided for the pur- 
 pose, which shall be kept under the superintendence of the directors,
 
 A.D. 1877.] COMPAXIES' CLAUSES AND POWERS. [No. 4. 
 
 543 
 
 and every .such entry shall be signed by the chairman of such 
 meeting. 
 
 (2.) Every such entry so signed shall be received as evidence in 
 all Courts, and before all Judges, Justices, and others, without proof of 
 such respective meetings having been duly convened or held, or of the 
 persons making or entering such orders or proceedings being share- 
 holders, or directors, or members of connnittee respectively, or of the 
 signature of the chairman, or of the fact of his having been chairman, 
 all of which last-mentioned matters shall be presumed until the con- 
 trary is proved. 
 
 131. All acts done by any meeting of the directors or of a com- 
 mittee of directors, or by any person acting as a director, shall, iKjt- 
 withstanding it may be afterwards discovered that there was some 
 defect in the appointment of any such directors or persons acting as 
 aforesaid, or that they or any of them were or was disqualified, be as 
 valid as if every such person had been duly appointed and was qualified 
 to be a director. 
 
 132. — (1. ) No director, by being party to or executing in his capa- 
 city of director any contract or other instrument on behalf of the com- 
 pany, or otherwise lawfully executing any of the powers given to the 
 directors, shall be subject to be sued or prosecuted, either individually 
 or collectively, by any person whomsoever ; and the bodies, or goods, or 
 lands of the directors shall not be liable to execution of any legal 
 process by reason of any contract or other instrument so entered into, 
 signed, or executed by them or by reason of any other lawful act done 
 by them in the execution of any of their powers as directors. 
 
 (2.) The directors, their heirs, executors, and administrators, shall 
 be indemnified out of the capital of the company for all payments made 
 or liability incurred in respect of any acts so done by them, and for all 
 losses, costs, and damages which they may incur in the execution of 
 the powers granted to them ; and the directors for the time being of 
 the company may apply the existing funds and capital of the company 
 for the purposes of such indemnity, and may, if necessary for that 
 purpose, make calls of the capital remaining unpaid, if any. 
 
 Validity of 
 acts of direc- 
 tors, notwith- 
 standing 
 defect in 
 appointment, 
 etc. 
 
 Exclusion of 
 personal 
 liability of 
 director on 
 contract made 
 on ])elialf of 
 coraj^auy. 
 
 PART XVII. 
 
 Appointment and Duties of Auditors 
 
 133. — (1.) Except where by the Special Ordinance auditors are Election and 
 directed to be appointed otherwise than by the company, tlte comj)any tenure of offic 
 shall, at the first ordinary meeting after the commencement of the 
 Special Ordinance, elect the prescribed number of auditors, and, if no 
 number is prescribed, two auditors, in like manner as is provided for 
 the election of directors ; and, at the first ordinary mc^eting of the 
 company in each year thereafter, the company shall in like manner 
 elect an auditor to supply the place of the auditor then retiring from 
 oftice according to the provision hereinafter contained. 
 
 (2.) Every auditor elected as hereinbefore provided, l)eing neither 
 removed, nor disqualified, nor having resigned, shall continue to he an 
 auditor until another is elected in his stead.
 
 544 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Disqualifica- 
 tion of auditor. 
 
 dotation of 
 auditors. 
 
 Filling vacan- 
 cies among 
 auditors. 
 
 Failure of 
 meeting for 
 appointment 
 of auditor. 
 
 Delivery of 
 accounts to 
 auditors. 
 
 Duty of 
 auditors. 
 
 Powers of 
 auditors. 
 
 134. No auditor shall hold any office in the company, nor may he 
 be in any manner interested in its concerns, except as a shareholder. 
 
 135. One of the auditors (to be determined in the first instance by 
 Ijallot between themselves, unless they otherwise agree, and afterwards 
 by seniority), shall go out of office at the first ordinary meeting in 
 each year ; but the auditor so going out of office shall be immediately 
 re-eligible, and after any such re-election shall, with respect to the 
 going out of office by rotation; be deemed a new auditor. 
 
 136. If any vacancy takes place among the auditors in the course 
 of the current year, then, at any general meeting of the company, the 
 vacancy may, if the company thinks fit, be supplied by election of the 
 shareholders. 
 
 137. The provision of this Ordinance respecting the failure of any 
 ordinary meeting at which directors ought to be chosen shall, mutatis 
 mutandis, apply to any ordinary meeting at which an auditor ought 
 to be appointed. 
 
 138. The directors shall deliver to the auditors the half-yearly or 
 other periodical accounts and balance-sheet six days at the least before 
 the ensuing ordinary meeting at which the same are required to be 
 produced to the shareholders, as hereinafter provided. 
 
 139. It shall be the duty of the auditors to receive from the directors 
 the half-yearly or other periodical accounts and balance-sheet required 
 to be presented to the shareholders, and to examine the same. 
 
 140. It shall be lawful for the auditors to employ such account- 
 ants and other persons as they may think proper, at the expense of 
 the company, and they shall either make a special report on the said 
 accounts or simply comfirm the same, and such report or confirmation 
 shall be read, together with the report of the directors, at the ordinary 
 meeting. 
 
 PART XVIII. 
 
 Accountability of Officers of Company. 
 
 Taking of 141. Before any person entrusted with the custody or control of 
 
 security from ixioneys, whether treasurer, collector, or other officer of the company, 
 
 entnuited with enters upon his office, the directors shall take sufficient security from 
 
 moneys. him for the faithful execution of his office. 
 
 Liability of 
 officer to 
 account when 
 required by 
 directors. 
 
 142. — (1.) Every officer employed by the company shall from time 
 to time, when required by the directors, make out and deliver to them, 
 or to any person appointed by them for that purpose, a true and perfect 
 account in writing, under his hand, of all moneys received by him on 
 behalf of the company. 
 
 (2.) Such account shall state how, and to whom, and for what 
 purpose such moneys have been disposed of, and, together with such 
 account, such officer shall deliver the vouchers and receipts for such 
 payments ; and every such officer shall pay to the directors, or to any 
 pei'soii appointed Ijy them to recidve tlie same, all moneys which may 
 appear to be owing by him upon the balance of such accounts.
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 545 
 
 143. — (1.) If any such officer fails to render such account, or to pro- 
 duce and deliver up all the vouchers and receipts relating to the same 
 in his possession or power, or to pay the balance thereof when thereunto 
 required, or if, for three days after being thereunto roquii'cd, he fails 
 to deliver up to the directors, or to any jxirson appointed Ijy them to 
 receive the same, all papers and writings, property, effects, matters, 
 and things in his possession or ])Ower relating to the execution of this 
 or the Special Ordinance, or of any Ordinance incorporated therewith, 
 or belonging to the company, then, on complaint thereof being made 
 to a Justice, such Justice shall summon such officer to appear before 
 a Justice at a time and place to be set forth in such summons, to 
 answer such charge. 
 
 (2.) On the appearance of such officer, or, in his absence, on 
 proof that such summons was personally served upon him or left at 
 his last known place of abode, such Justice may hear and determine 
 the matter in a summary way, and may adjust and declare the balance 
 owing by such officer ; and if it appears, either upon confession of such 
 officer, or upon evidence, or upon inspection of the accounts, that any 
 moneys of the company are in the hands of such officer or owing by 
 him to the company, such Justice may order such officer to pay the 
 same ; and, if he fails to pay the amount, it shall be lawful for such 
 Justice to grant a warrant to levy the same by distress, or, in default 
 thereof, to commit the offender to gaol, there to remain without bail 
 for any term not exceeding three months, unless the same is sooner 
 paid. 
 
 144. If any such officer refuses to make out such account in writing, 
 or to produce and deliver to the Justice the several vouchers and 
 receipts relating thereto, or to deliver up any books, papers, writings, 
 property, effects, matters, or things in his possession or power belong- 
 ing to the company, such Justice may lawfully commit such offender to 
 prison, there to remain until he has delivered up all the vouchers and 
 receipts, if any, in his possession or power, relating to such accounts, 
 and has delivered up all books, papers, writings, property, effects, 
 matters, and things, if any, in his possession or power belonging to the 
 company : Provided always that if any director or other person acting 
 on behalf of the company makes oath that he has good reason to 
 believe, upon grounds to be stated in his deposition, and does believe, 
 that it is the intention of any such officer as aforesaid to abscond, it 
 shall be lawful for the Justice before whom the complaint is made, 
 instead of issuing his summons, to issue his v arrant for bringing such 
 officer before a Justice to answer the charge ; but no person executing 
 such warrant shall keep such officer in custody longer than forty-eight 
 hours, without bringing him before some Justice; and it shall be 
 lawful for the Justice before whom such officer may be brought either 
 to discharge such officer, if he thinks there is no sufficient ground for 
 his detention, or to order such officer to be detained in custody, so as 
 to be V)rought before a Justice at a time and place to be named in such 
 order, unless such officer gives bail, to the satisfaction of such Justice, 
 for his appearance before such Justice to answer the complaint of the 
 company. 
 
 145. No such proceeding against or dealing with any such officer 
 as aforesaid shall deprive the company of any remedy which it might 
 otherwise have against such officer, or against any surety of such 
 officer. 
 
 Summarj' 
 remedy against 
 officer failing 
 to account. 
 
 Punishment of 
 officer refusing 
 to deliver up . 
 documents, 
 etc. 
 
 Sa^^ng of 
 other remedies 
 against 
 defaulting 
 officer and his 
 surety.
 
 546 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Keeping of 
 
 accounts 
 
 generally. 
 
 Balancing of 
 books. 
 
 Right of 
 inspection of 
 Ijooks and 
 accounts by 
 shareholders. 
 
 Production of 
 balance-sheet 
 at ordinary 
 meeting. 
 
 A])pointment 
 of i)ook-keeper 
 to enter 
 accounts, etc. 
 
 Annual 
 account in 
 abstract of 
 receii)tH and 
 expenditure. 
 
 PART XIX. 
 
 Keeping of Accounts, and Right of Inspection thereof 
 
 BY Shareholders. 
 
 146. The directors shall cause full and true accounts to be kept of 
 all sums of money received or expended on account of the company 
 by the directors and all persons employed by or under them, and of 
 the matters and things for which such sums of money may have been 
 received or disbursed and paid. 
 
 147. — (1.) The books of the company shall be balanced at the pre- 
 scribed periods, and, if no periods are prescribed, six days at least 
 before each ordinary meeting. 
 
 (2.) Forthwith on the books being so balanced, an exact balance 
 sheet shall be made up, which shall exhibit a true statement of the 
 capital stock, credits, and property of every description belonging to 
 the company, and the debts due by the company at the date of making 
 such balance sheet, and a distinct view of the profit or loss which has 
 arisen on the transactions of the company in the course of the pre- 
 ceding half-year ; and previously to each ordinary meeting such 
 balance-sheet shall be examined by the directors, or any three of their 
 number, and shall be signed by the chairman or deputy chairman of 
 the directors 
 
 148. The books so balanced, together with such balance-sheet as 
 aforesaid, shall, for the prescribed periods, and, if no periods are pre- 
 scribed, for six days previous to each ordinary meeting and for one 
 month thereafter, be open for the inspection of the shareholders at the 
 principal office or place of business of the company, in the Colony or 
 elsewhere ; but the shareholders shall not be entitled at any time, 
 except during the periods aforesaid, to demand the insiDCction of such 
 books, except in virtue of a written order signed by three of the 
 directors. 
 
 149. The directors shall produce to the shareholders assembled at 
 such ordinary meeting the said balance-sheet, applicable to the period 
 immediately preceding such meeting, together with the report of the 
 auditors thereon, as hereinbefore provided. 
 
 150. — (1.) The directors shall appoint a book-keeper to enter the 
 accounts aforesaid in books to be provided for the purpose, and every 
 such l)Ook-keeper shall permit any shareholder to inspect such l)ooks, 
 and to take copies of or extracts therefrom, at any reasonable time 
 during the prescribed periods, and, if no periods are prescribed, during 
 six days before and one month after every ordinary meeting. 
 
 (2.) If the book-keeper fails to permit any such shareholder to 
 inspect sucli Ijooks, or to take copies of or extracts therefrom, during 
 the periods aforesaid, he shall for every such offence forfeit to such 
 shareholder a sum not exceeding twenty-four dollars. 
 
 151. The company shall in every year cause an annual account in 
 abstract to be prepared and submitted to the Governor and Court of 
 Policy, sliowing the total receipts and expenditure of all funds received 
 and expended l)y the company levied by virtue of this or the Special 
 Ordinance for the year ending on the thirty-first day of December or
 
 A..'D.\S'7'r.]C0}rPAXIES' CLAUSES AND POWERS. [No. 4. 547 
 
 some other convenient day in each year, under the several distinct 
 heads of receipt and expenditure, with a statement of the balance of 
 such account duly audited and certified l)y the directors, or some of 
 them, and by the auditors, and shall, if recjuired by the Governor-in- 
 Council, deposit a copy of the said account in the Registrar's Oflice for 
 the Counties of Demerara and Essequebo ; and such last-mentioned 
 account shall be open to the inspection of the public at all reasonable 
 hours, on payment of the sum of fifty cents for every such inspection : 
 Provided always that if the company omits to prepare or deposit, if 
 required to do so by the Governor-in-Council such account as 
 aforesaid, it shall for every such omission forfeit the sum of ninety-six 
 dollars. 
 
 PART XX. 
 Making of Dividends. 
 
 152. Previously to every ordinary meeting at which a dividend is Preparation of 
 intended to be declared, the directors shall cause a scheme to be pre- scheme before 
 pared, showing the profits, if any, of the company for the period ^i^^dend"" "^ 
 current since the preceding ordinary meeting at which a dividend was 
 
 declared, and apportioning such pi-ofits, or so much thereof as they 
 may consider applicable to the purposes of dividend, among the share- 
 holders, according to the shares held by them respectively, the amount 
 paid thereon, and the periods during which the same may have been 
 paid, and shall exhibit such scheme at such ordinary meeting, and at 
 such meeting a dividend may be declared according to such scheme. 
 
 153. The company shall not make any dividend whereby its caj^ital Restriction of 
 stock will be in any degree reduced : Provided always that the word P?^^er to make 
 
 ..J. .J 11)111,1 "^ „ dividena. 
 
 axvidena shall not be construed to apply to a return of any portion 
 of the capital stock, with the consent of all the mortgagees and bond 
 creditors of the company, due notice being given for that purpose at 
 an extraordinary meeting to be convened for that object. 
 
 154. Before apportioning the profits to be divided among the share- Fund for 
 holders, the directors may, if they think fit, set aside thereout such contingencies, 
 sum as they may think proper to meet contingencies or for enlarging, 
 repairing, or improving the works connected with the undertaking, 
 
 or any part thereof, and may divide the balance only among the 
 shareholders. 
 
 155. No dividend shall be paid in i-espect of any share until all Prohibition of 
 calls then due in respect of that and every other share held by the 'f-^'?'''"? °^ 
 
 X 1 1 1- • 1 1 n /, , , . , -^ dividend on 
 
 person to whom such dividend may be payable have been paid. share witli 
 
 calls unpaid. 
 
 PART XXI. 
 
 Making of By-Laws. 
 
 156. — (1.) It shall be lawful for the company from time to time Power to 
 
 to make such by-laws as it may think fit for the purpose of make by-laws 
 
 regulating the conduct of the ofiicers and servants of the company ofVfficersof" 
 
 and for providing for the due management of the afl:airs of the company, etc.
 
 548 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 comjiany in all respects whatsoever, provided such by-laws be not 
 repugnant to the laws of this Colony or to the provisions of this 
 or the Special Ordinance. 
 
 (2.) Such by-laws shall be reduced into writing, and shall have 
 affixed thereto the common seal of the company, and a copy of such 
 by-laws shall be given to every officer and servant of the company 
 affected thereby. 
 
 (3.) All such by-laws, before the same shall come into operation, 
 shall be laid before the Governor and Court of Policy for their 
 approval, and the Governor and Court of Policy, before approving 
 thereof, may alter or amend the same. 
 
 Fines for 
 breach of 
 by-laws. 
 
 157. It shall be lawful for the company by such by-laws to impose 
 such reasonable penalties upon all persons, being officers or servants of 
 the company, offending against such by-laws as the company may 
 think fit, not exceeding twenty-four dollars for any one offence. 
 
 Mitigation of 158. All by-laws to be made by the company shall be so framed 
 
 penalties as to allow the Justice before whom any penalty imposed thereby may 
 
 under by-laws. -^^ sought to be recovered to order a part only of such penalty to be 
 paid, if such Justice thinks fit 
 
 Evidence of 159. The production of a written or printed copy of the by-laws of 
 
 by-laws. the company having the common seal of the company affixed thereto 
 
 shall be sufficient evidence of such by-laws in all cases of prosecution 
 under the same, unless the person proceeded against can prove that 
 such by-laws have not been approved by the Governor and Court of 
 Policy. 
 
 Appointment 
 of arbitrator 
 when ques- 
 tions are to be 
 determined by 
 arbitration. 
 
 Death, etc., 
 of arbitrator. 
 
 PART XXII. 
 
 Settlement of Disputes by Arbitration. 
 
 160. — (1.) When any dispute authorized or directed by this or the 
 Special Ordinance, or by any Ordinance incorporated therewith, to be 
 settled by arbitration has arisen, then, unless both parties concur in 
 the appointment of a single arbitrator, each party, on the request 
 of the other party, shall, by writing under his hand, nominate and 
 appoint an arbitrator to whom such dispute shall be referred. 
 
 (2.) After any such appointment has been made, neither party 
 shall have power to revoke the same without the consent of the other, 
 nor shall the death of either party operate as such revocation. 
 
 (3.) If, for the space of fourteen days after any such dispute has 
 arisen, and after a request in writing has been served by the one party 
 on the other party to appoint an arbitrator, such last-mentioned party 
 fails to appoint such arbitrator, then upon such failure the party 
 making the I'equest, and having himself appointed an arbitrator, may 
 appoint such arbitrator to act on behalf of both parties, and such 
 ar})itrator may proceed to hear and determine the matters which are 
 in dispute ; and in such case the award or determination of such single 
 arbitrator shall be final. 
 
 161. (1.) If, before the matters so refei-red are determined, any 
 ar])itrator apprtinted by either party dies, or becomes incapable, or 
 refuses, or for seven days neglects, to act as arbitrator, the party by 
 whom such arbitrator was appointed may nominate and appoint in
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 549 
 
 writing some other person to act in his place ; and if, for the space of 
 seven days after notice in writing from the other party for that 
 purpose, he fails to do so, the remaining or other arbitrator may 
 proceed ex parte. 
 
 (2.) Every arbitrator so to be substituted as aforesaid shall have 
 the same powers and authorities as were vested in the former ai-bitrator 
 at the time of such his death, refusal, or disability as aforesaid. 
 
 162. — (1.) When more arbitrators than one have been appointed. Appointment 
 such arbitrators shall, before they enter upon the matters referred to "mi'i'e- 
 them, nominate and appoint, by writing under their hands, an umpire 
 to decide on any such matters on which they may differ, and if such 
 umpire dies, or refuses, or for seven days neglects, to act, shall forth- 
 with after such death, refusal, or neglect, appoint another umpire in 
 his place and the decision of every such umpire on the matters so 
 referred to him shall be final. 
 
 (2.) If, in either of the cases aforesaid, the arbitrators refuse, or, 
 for seven days after request cf either party to such arbitration, neglect, 
 to appoint an umpire, it shall be lawful for the Governor-in-Council, if 
 he thinks fit, on the application of either party to such arl^itration, 
 to appoint an umpire ; and the decision of such umpire on the matters 
 on which the arliitrators differ shall be final. 
 
 163. The arbitrators or their umpire may call for the production of Power to 
 any documents in the possession or power of either party which they a'|)'tiators to 
 or he may think necessary for determining the question in dispute, and etc. ' 
 may examine the parties or their witnesses upon oath, and administer 
 
 the oath necessary for that purpose. 
 
 1 64. Except where by this or the Special Ordinance, or by any Costs of 
 Ordinance incorporated therewith, it is otherwise provided, the costs arbitration. 
 of and attending every such arbitration, to be determined by the arbi- 
 trators, shall be in the discretion of the arbitrators or their umpire, as 
 
 the case may be. 
 
 165. The submission to any such arbitration maybe made a rule Making suh- 
 of the Supreme Court of British Guiana in its civil jurisdiction, on the mksiou to 
 application of either of the parties. ^^jg ^f Court 
 
 PART XXIIT. 
 
 Giving of Notices. 
 
 166. Any citation, summons, or notice, or any writ or other pro- Service of 
 ceeding, requiring to be served upon the company may be served by citation, etc, 
 the same being left at or transmitted through the post directed to the ^" company, 
 principal office of the company, or to one of its principal offices, where 
 
 there are more than one, or by being given personally to the secretary, 
 or, in case there is no secretary, then by being given to any director 
 of the company. 
 
 167. Any notice requiring to be served by the company upon the Service by 
 shareholders may, unless expressly required to be served personally, "u^^u^^j 
 be served by the same being transmitted through the post directed 
 according to the registered address or other known address of the 
 shareholder, within such period as to admit of its being delivered to or 
 
 on 
 er.
 
 550 No. 4.J THE LAWS OF BRITISH GUIANA: [A-D. 1877. 
 
 Notice in case 
 of joint pro- 
 prietors of 
 shares. 
 
 Notice by 
 
 advertisement. 
 
 Authentica- 
 tion of sum- 
 mons, etc. 
 
 Proof of debts 
 in bankruptc_y, 
 etc. 
 
 Tender of 
 amends for 
 irregularity in 
 execution of 
 the Ordinance. 
 
 received by such shareholder, in due course of post, within the period, 
 if any, prescribed for the giving of such notice ; and, in proving such 
 service, it shall be sutlicient to prove that such notice was properly 
 directed, and that it was so put into the post office. 
 
 168. All notices directed to be given to the shareholders shall, with 
 respect to any share to which persons are jointly entitled, be given to 
 whichever of the said persons is named first in the register of share- 
 holders ; and notice so given shall be sufiicient notice to all the pro- 
 prietors of such share. 
 
 169. All notices required by this or the Special Ordinance, or by 
 any Ordinance incorporated therewith, to be given by advertisement 
 shall be advertised in the prescribed newspaper, or, if no newspaper is 
 prescribed, or if the prescribed newspaper ceases to be published, in a 
 newspaper circulating in the Colony. 
 
 170. Every summons, notice, or other such document requiring 
 authentication by the company may be signed by two directors, or by 
 the treasurer or the secretary of the company, and need not be under 
 the common seal of the company, and the same may be in writing or in 
 print, or partly in writing and partly in print. 
 
 171. If any person against whom the company has any claim or 
 demand becomes bankrupt, or takes the ])enefit of any Act or Ordin- 
 ance for the relief of insolvent debtors, it shall be lawful for the treasurer 
 or the secretary of the company, in all proceedings against the estate 
 of such bankrupt or insolvent, or under any fiat, sequestration, or act 
 of insolvency against such bankrujijt or insolvent to represent the com- 
 pany, and act in its behalf, in all respects as if such claim or demand 
 had been the claim or demand of such treasurer or secretary, and not 
 of the company. 
 
 172. — (1-) If any person has committed any irregularity, trespass, 
 or other wrongful proceeding in the execution of this or the Special 
 Ordinance, or by virtue of any power or authority thereby given, and 
 if, before action brought in respect thereof, such person makes tender 
 of sufficient amends to the party injured, such last-mentioned party 
 shall not recover in any such action. 
 
 (2.) If no such tender has been made, it shall be lawful for the 
 defendant, by leave of the Court where such action may be pending, 
 at any time before issue joined, to pay into the Registrar's Office such 
 sum of money as he may think fit ; and thereupon such proceedings 
 shall be had as in other cases where defendants are allowed to pay 
 money into the Registrar's Office. 
 
 Ascertainment 
 and recovery 
 of damages, 
 etc., not pro- 
 vided for. 
 
 PART XXIV. 
 
 Recovery of Damages not specially provided pok 
 AND OF Penalties. 
 
 173. — (I.) In all cases where any damages, costs, or expenses are by 
 this or the Special Ordinance, or by any Ordinance incorporated there- 
 with, directed to be paid, and the method of ascertaining the amount 
 or enforcing the payment thereof is not provided for, such amount, in 
 case of dispute, shall be ascertained and determined by a Justice ; and,
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS. [No. 4. 
 
 i51 
 
 if the amount so ascertained is not paid by the corni)any or uihiw 
 })arty liable to pay the same, within seven days after d<Mnanfl, the 
 amount may be recovered by distress of the goods of the company oi- 
 other iiai'ty lia])l(^ as aforesaid : and the Justice l)y whom the same may 
 liave l)een ordered to Ije paid, on application, shall issue his warrant 
 accordingly. 
 
 (2.) If sufficient goods oi the company cannot be found whereon 
 to levy any such damages, costs, or expenses payable by the company, 
 the same may, if the amount thereof does not exceed ninety-six 
 dollars be recovered by distress of the goods of the treasurer or 
 S(^cretary of the company ; and the Justice afortisaid, on application, 
 shall issue his warrant accordingly ; but no such distress shall issue 
 against the goods of such treasurer or secretary unless seven days' 
 previous notice in writing, stating the amount so due and demanding 
 payment thereof, has been given to such treasurer or secretary, or left 
 at his residence. 
 
 (3 ) If such treasurer or secretary pays any money under such 
 distress as aforesajd, he may retain a sum of money equal to the 
 amount so paid l)y him, and all the costs and expenses occasioned to 
 him therel)y, out of any money belonging to the company coming into 
 his custody or control, or he may sue the company for the same. 
 
 174. — (1.) In any case where in this or the Special Ordinance, or in Method of 
 any Ordinance incorporated therewith, any question of compensation, proceeding 
 expenses, charges, or damages is referred to the determination or any jn question of 
 one Justice or more, it shall be lawful for any Justice, on the applica- 
 tion of either party, to summon the other party to appear before a 
 Justice, at a time and place to be named in such summons. 
 
 (2.) On the appearance of such parties, or, in the absence of any 
 of them, on proof of due service of the summons, it shall be lawful 
 for such Justice to hear and determine such question, and for that 
 purpose to examine such parties, or any of them, and their witnesses 
 upon oath. 
 
 (3.) The costs of every such inquiry shall be in the discretion of 
 such Justice, and he shall determine the amount thereof. 
 
 compensation 
 etc. 
 
 175. — (1.) The Company shall publish the short particulars of the 
 several offences for which any penalty is imposed by this or the Special 
 Ordinance, or by any Ordinance incorporated therewith, or by any 
 by-law of the company affecting other persons than the shareholders, 
 officers, or servants of the company, and of the amount of every 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 company, and, where any such penalties are 
 of local application, shall cause such boards to be affixed in some 
 conspicuous place in the immediate neighbourhood 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 obliter- 
 ated or destroyed. 
 
 (2.) No such penalty shall be recoverable unless it has been pub- 
 lished and kept published in the manner hereinbefore required. 
 
 176. If any person pulls down or injures any board put up or 
 affixed as required by this or the Special Ordinance, or by any Ordin- 
 ance incorporated therewith, for the purpose of publishing any 
 
 Publication of 
 
 penalties 
 
 imposed. 
 
 Penalty for 
 defacing board 
 used for pub- 
 lication of 
 penalties.
 
 552 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 by-law or penalty, or obliterates any of the letters or figures thereon, 
 he shall for every such oifence forfeit a sum not exceeding twenty-four 
 dollars, and shall defray the expenses attending the restoration of such 
 board. 
 
 Procedure and 
 appeal. 
 
 Sec Ordinance 
 No. 12 of 1893. 
 
 See Ordiv/ince 
 iV^o. 13 0/1893. 
 
 Effect of 
 defect of form 
 on distress. 
 
 Application of 
 penalties and 
 forfeitures. 
 
 Limitation of 
 time for 
 making com- 
 plaint. 
 
 Making good 
 of damage in 
 addition to 
 penalty. 
 
 Apprehension 
 of offender 
 who is un- 
 known. 
 
 177. Every penalty or forfeiture imposed by this or the Special 
 Ordinance, or by any Oi'dinance incorporated therewith, or by any 
 by-law made in pursuance thereof, the recovery of which is not other- 
 wise provided for, may be sued for and recovered by summary pro- 
 ceedings before a Justice, and the procedure shall be that provided 
 by any Ordinance for the time being in force regulating procedure 
 before Stipendiary Magistrates in the exercise of their summary juris- 
 diction, and shall be subject to the appeal provided by any Ordinance 
 for the time being in force regulating appeals from the decisions of 
 Stipendiary Magistrates. 
 
 178. No distress levied by virtue of this or the Special Ordinance, 
 or of any Ordinance incorporated therewith, shall be deemed unlawful, 
 nor shall any 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 such 
 party be deemed a trespasser ab initio on account of any irregularity 
 afterwards committed by him, but all persons aggrieved by such defect 
 or irregularity may recover full satisfaction for the special damage in 
 an action. 
 
 179. The Justice by whom any such penalty or forfeiture is 
 imposed may, where the application thereof is not otherwise pi'ovided 
 for, award not more than one-half thereof to the informer, and the 
 remainder thereof shall be paid into the Colony Chest. 
 
 180. No person shall be liable to the payment of any penalty or 
 forfeiture imposed by virtue of this or the Special Ordinance, or of any 
 Ordinance incorporated therewith, for any offence made cognizable 
 before a Justice, unless the complaint respecting such offence has been 
 made before a Justice within six months next after the commission of 
 such offence. 
 
 181. — (1.) If through any act, neglect, or default on account 
 whereof any person has incurred any penalty imposed by this or the 
 Special Ordinance, or by any Ordinance incorporated therewith, any 
 damage to the property of the company has been committed by such 
 person, he shall be liable to make good such damage, as well as to pay 
 such penalty. 
 
 (2.) The amount of such damages shall, in case of dispute, be 
 determined by the Justice by whom the party incurring such penalty 
 may have been convicted, and, on non-payment of such damages on 
 demand, the same shall be levied by distress, and such Justice shall 
 issue his warrant accordingly. 
 
 182. It .shall be lawful for any officer or agent of the company, and 
 all persons called by him to liis assistance, to seize and detain any 
 person who may have committed any offence against the provisions of 
 this or the Special Ordinance, or of any Ordinance incorporated there- 
 with, and whose name and residence are unknown to such officer or 
 agent, and to convey him with all convenient despatch before some 
 Justice, without any warrant or other authority than this or the
 
 A.B. 1877.] COMPANIES' CLAUSES AND POWEIiS. [No. 4. 553 
 
 Special Ordinance ; and such Justice shall proceed with all convenient 
 despatch to the hearing and determining of the complaint against such 
 offender. 
 
 183. The Justice before whom any person is convicted of any Form of 
 olFence against this or the Special Ordinance, or against any Ordinance co"^'iction. 
 incorporated therewith, may cause the conviction to be drawn up 
 according to the Form No. 7 contained in the Schedule to this Schedule : 
 Ordinance, or in such other form as will suit the circumstances of ^ormiso. 7. 
 the case. 
 
 1 84. No proceeding in pursuance of this or the Special Ordinance, Want of form 
 or of any Ordinance incorporated therewith, shall be quashed or '"P'"'^''^^ '°S8- 
 vacated for want of form, nor shall the same be removed into the 
 
 Supreme Court otherwise tlian by way of appeal. 
 
 185. Every person who, on any examination upon oath under the Punishment 
 provisions of this or the Special Ordinance, or of any Ordinance ^i^^,^^*f"i 
 incorporated therewith, wilfully and corruptly gives false evidence e\idence. 
 shall be liable to the penalties of wilful and corrupt perjury. 
 
 PART XXV. 
 
 Provision to be made for affording Access to the Special 
 
 Ordinance. 
 
 186. — (1.) The company shall at all times, after the expiration of Keeping and 
 six months after the commencement of the Special Ordinance, keep in ].^^^°^^ ^f 
 its principal office of business a printed copy of the Special Ordinance, Special Ordin- 
 and where the undertaking is a railway, canal, or other like under- ance, and right 
 taking, the works of which are not confined to one town or place, thereof.*' 
 shall also, within the space of six months, deposit in the office of the 
 Registrar in the several Counties into which the works of the company 
 extend a printed copy of such Special Ordinance. 
 
 (2.) The Registrar shall receive, and he and the company respec- 
 tively shall retain, the said copies of the Special Ordinance, and shall 
 permit all persons interested to inspect the same, and make copies of or 
 extracts therefrom ; on pain, in default of any of the said matters and 
 things, of being liable to forfeit and pay for every such offence a sum 
 not exceeding forty eight dollars. 
 
 (3.) If the company fails to keep or deposit as hereinbefore men- 
 tioned any of the said copies of the Special Ordinance, it shall for 
 every such offence forfeit the sum of ninety-six dollars, and also the sum 
 of twenty-four dollars for every day afterwards during which such 
 copy is not so kept or deposited. 
 
 PART XXVI. 
 Change of Name of Company. 
 
 tinuance 
 
 187. Where by any Special Ordinance the name of any company, Conti..„ 
 
 incorporated either before or after the commencement of this Ordinance '^^ powers of 
 
 for the purpose of carrying on any undertaking, is changed, then and -withstandino- 
 
 in every such case from the commencement of the Special Ordinance change of 
 
 name. 
 
 VOL. I. 38
 
 554 
 
 No. 4.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 the company by its new name shall have and may exercise the powers 
 then vested in the company by its original name ; and all acts 
 relating to the company by its original name shall be read and 
 interpi'eted as if throughout those Ordinances, wherever the original 
 name of the company, or any reference to the comj^any by its original 
 name, occurs, the new name of the company or a reference to the 
 company by its new name, were substituted. 
 
 Continuance 
 of legal 
 proceedings. 
 
 188. — (1.) No action, suit, process, writ, indictment, information, 
 or other proceeding, whether civil or criminal, which, at or immediately 
 before the commencement of the Special Ordinance, is commenced and 
 is then pending, either at the suit or instance of the Company, by its 
 original name, against any other corporation or any person, or at the 
 suit or instance of any other corporation or any person against the 
 company, by its original name, shall abate, determine, or be other- 
 wise impeached or affected for or by reason of the change of the name 
 of the company ; nor shall any notice, tender, requisition, warrant, 
 summons, pleading, civil or criminal writ, or other process, record, 
 deed, contract, agreement, writing, or instrument then or thereafter to 
 be made, issued, written, or commenced, be deemed to be vacated, dis- 
 charged, invalidated, prejudiced, or affected by reason of the company 
 or its undertaking being therein respectively called by the original 
 name of the company or undertaking. 
 
 (2.) It shall not be necessary in any action, suit, indictment, in- 
 formation, proceeding, notice, tender, requisition, warrant, summons, 
 pleading, civil or criminal writ, or other process, or in any record, deed, 
 contract, agreement, writing, or other instrument or matter, to aver that 
 the company had been called or known for any period by the original 
 name of the company, or that its undertaking had been called or 
 known within that period by the original name of the undertaking, 
 and that by the Special Ordinance effecting the change the names of 
 the company and its undertaking were changed, and that after the 
 commencement of the Special Ordinance the company had been called 
 or known by its new name, and its undertaking by its new name ; 
 but it shall be deemed true, lawful, and sufficient therein to aver the 
 style and describe the company by its new name, and its under- 
 taking by its new name, in the same manner as if the company had 
 been originally incorporated, called, or known by its new name, and 
 as if its undertaking had been originally called or known by its new 
 name. 
 
 189. Notwithstanding the change of the name of the company, 
 everything before the commencement of the vSpecial Ordinance effect- 
 ing the change done, suffered or confirmed under or by virtue of any 
 other Ordinance shall be as valid as if the Special Ordinance effecting 
 the change had not been passed ; and the change of name and last- 
 mentioned Special Ordinance respectively shall accordingly l)e subject 
 and without prejudice to everything so done, suffered or confirmed 
 before the commenceincnt of the last-mentioned Special Ordinance, 
 and to all rights, lialjilities, claims, and demantls, then present or 
 future, which, if the change of name had not happened and such last- 
 mentioned Special Ordinance had not been passed, would ])e incident 
 to or consequent on anytliing so done, suffered, or confirmed. 
 
 Saving of 190. Notwithstanding tlie change of the name of the company, all 
 
 contracts, etc. Jeeds instruments, purchases, sales, securities, and contracts before 
 
 General 
 saving of 
 rights, etc.
 
 A.D. 1877.] COMPANIES' CLAUSES AND POWERS, [No. 4. 
 
 555 
 
 the commencement of the Special Ordinance effecting the change made 
 under any other Ordinance, or with reference to the purposes thereof, 
 shall he as effectual to all intents in favour of, against, and with 
 respect to the company as if the name of the company had remained 
 unchanged . 
 
 SCHEDULE. 
 
 FORMS. 
 Form No. 1. 
 
 Certificate of Share. 
 
 The Company. Number 
 
 This is to certify that A. B., of is the Proprietor of the Share 
 
 Number subject to the regulations of the said Company. 
 
 Given under the Common Seal of the said Company, the day of 
 
 in the year of Our Lord one thousand hundred and 
 
 Section 12. 
 
 Form No. 2. 
 
 Transfer of Share or Stock. 
 
 I, of in consideration of the sum of paid 
 
 to me by of do hereby transfer to the said 
 
 Share [or Shares], numbered in the undertaking called "The 
 
 Company" \_(ir pounds. Consolidated Stock in the undertaking called 
 
 "The Company," standing {or part of the ^-tock standing) in my 
 
 name in the books of the Company], to hold unto the said his heirs, 
 
 II 'present itives, executors, administrators, and assigns \_or successors and assigns] 
 subject to the several conditions on which 1 held the same at the time of the execu- 
 tion hereof ; and I, the said do hereby agree to take the said Share 
 [or Shares or Stock] subject to the same conditions. 
 
 As witness our hands, the day of 1 
 
 Section 15. 
 
 Form No. 3. 
 
 Mortgage Deed, 
 
 British Guiana. 
 County of 
 
 Before His Honour one of the Judges of the Supreme Court of 
 
 British Guiana aforesaid. Be it known that on this day, the day of 
 
 in the year one thousand hundred and 
 
 personally appeared [here insert nam-s of the perso)is authorized to pass the Mortgage'] 
 which appearers declared and acknowledged " The Company " to 
 
 be indebted unto in the capital sum of the current money of 
 
 British Guiana aforesaid, being money lent to the said the receipt 
 
 whereof is hereby acknowledged. Wherefore the appearers declared to bind and 
 oblige the said Company to pay unto the said heirs, executors, administrators, and 
 assigns [here insert the date and dates and mode of rcpagmeut of capital and of ititcrest 
 respectively] and as security for the payment of the herein aforesaid capital sum 
 of on the day and at the time herein aforesaid, and of the interest 
 
 to become due thereon at the rate aforesaid from the day herein aforesaid, the 
 appearers declared by Wrtue of [here name the Special Ordinance] to bind with right 
 of [first, second, etc., as the case wag require] mortgage the undertaking of the said 
 Company [and [in case the loan is in anticipation of the capital authorized to be raised) 
 all future calls on shareholders] and all the tolls and sums of money arising by 
 virtue of the said Ordinance, and all the estate, right, title and interest of the 
 Company in the same in order that, in default of paj-ment by or on 
 
 the part of the said Company of the herein aforesaid amount of capital and interest 
 
 VOL. I. 38a 
 
 Section 50.
 
 556 No. 4.] THE LAWS OF BRITISH GUIANA : [A.D. 1877. 
 
 when due and payable as herein aforesaid, or of any part of such capital or interest, 
 the said his heirs, executors, representatives and assigns, may 
 
 l^roceed according to law in such case provided to recover the amount of capital and 
 interest secured in and hy these presents, free of costs and charges. 
 
 And the appearers requested His Honour the said Judge to condemn the said 
 Company in the payment of the herein aforesaid capital sum of 
 money aforesaid, on the days and at the time herein aforesaid, and of the interest 
 to become due thereon at the rate aforesaid from the day herein aforesaid, until 
 fully paid and discharged, fully consenting to such condemnation [J>'rk/iiirnt'\ and 
 further to autliorize the Registrar of British (ituiana to make proper annotation of 
 this mortgage in the Eegister of Mortgages remaining in his Office for the Counties 
 of Derrerara and Essequebo in the Colony aforesaid. 
 
 Wherefore His Honour the said Juilge condemns the said Company in the payment 
 of the hereinbeforesaid capital sum of money aforesaid on the day 
 
 and at the time herein aforesaid, and of the interest to become due thereon at the 
 rate aforesaid from the day herein aforesaid, until fully paid and discharged, and 
 hereby authorizes the Registrar aforesaid to make proper annotation hereof as 
 requested. 
 
 And appeared at the same time who declared to accept of this 
 
 mortgage and to be satisfied therewith. 
 
 In testimony whereof the parties have hereunto set their hands, and the 
 said appearers have thereunto affixed the Common Seal of the Company 
 to this mortgage, and I, the said Judge, have countersigned the same 
 in the presence of the Registrar, on the day and year first above 
 written. 
 
 Section 53. 
 
 Form No. 4. 
 
 Bond. 
 
 The Company. Bond, Number £ 
 
 By virtue of [here name the Special Ordinance^ we, " The 
 Company," in consideration of the sum of pounds to us in hand 
 
 paid by A. B., of do bind ourselves and our successors unto the 
 
 said A. B., his executors, administrators, and assigns, in the penal sura of 
 pounds. 
 
 The condition of the above obligation is such that if the said Company shall pay 
 to the said A. B., his heirs, executors, administrators, or assigns [at 
 (in case any other place of payment than the Principal Office of the Company is intended)'] 
 on the day of 1 , the jirinciiJal sum of 
 
 pounds, together with interest for the same at the rate of pounds per cent, 
 
 per annum, payable half-yearly on the day of and the 
 
 day of then the above written obligation is to become void ; otherwise to 
 
 remain in full force. 
 
 Given under our Common Seal, this 
 
 day of 
 
 1 
 
 Section 55. 
 
 Form No. 5. 
 
 Transfer of Bond. 
 
 I, A. B., of in ( onsideration of the sum of paid 
 
 to me by (J. B., of do hereby transfer to the said O. H., his heirs, 
 
 executors, administrators, and assigns, a certain Bond, Number made 
 
 by "The Company " to bearing date the 
 
 day of 1 , for seciiring the sum of and interest [or, if 
 
 such transfer is hy endorsement, the within security] and all my right, estate, and 
 interest in and to the money thereby secured. 
 
 In witness thereof I have hereunto set my hand and seal this 
 day of 1
 
 A.D. 1877.J 
 
 WILD BIRDS. 
 
 [No. 6. 
 
 557 
 
 Form No. 6. 
 
 Proxy. 
 
 A. B., one of the proprietors of " The Company " doth hereby 
 
 appoint C. D., of to be the proxy of the said yl. Ji., in his absence 
 
 to vote in his name upon any matter relating to the undertaking proposed at the 
 meeting of the proprietors of the said Company to be held on the day 
 
 of I , in such manner as he, the said C. D., may think proper. 
 
 In witness whereof the said A. B. hath hereunto set his hand [or, if a Corporation 
 the Common Seal of the Corporation] the day of 1 
 
 Section 109. 
 
 FoKM No. 7. 
 
 Conviction. 
 British Guiana. 
 
 District. 
 
 Be it remembered that on the day of 1 , A. B. k 
 
 convicted before me, C. L., Stipendiary Magistrate lor the District 
 
 [here drscrihe the offence <jc>ieralhj,(Uid the time and place when and where connnitted'] 
 contrary to the \_here name the Special Ordinance']. 
 
 Given under my hand and seal, the day and year first above written. 
 
 Section 183. 
 
 OKDINANCE No. 6 OF 1877. 
 
 An Ordinance for 
 Birds. 
 
 A.D. 1877. 
 
 — ♦ — 
 Ordinance 
 No. 12 of 1885 
 incorporated. 
 
 the Protection of certain Wild 
 [9th February, 1878.] 
 
 WHEREAS it is expedient to prevent the unnecessary destruction 
 of certain wild birds : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of PoHcy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Wild Birds Protection Or- Short title, 
 dinance, 1877. 
 
 2. In this Ordinance, — 
 
 " Wild bird '' means any bird specified in the Schedules to this 
 Ordinance : 
 
 " The close season " means the period between the first day of 
 April and the first day of September in each year, or such other 
 period as may rom time to time be declared to be the close 
 season by Order of the Governor-in-Council in accordance with 
 the provisions of this Ordinance. 
 
 3. Subject to the provisions hei'einafter contained with respect to 
 carrion crows, every person who — 
 
 (1.) Knowingly wounds or kills any wild bird specified in the First 
 Schedule to this Ordinance ; or 
 
 (2.) Exposes or ofi'ers for sale, or knowingly has in his possession 
 or exports or attempts to export from this Colony any part of any 
 such wild bird killed after the commencement of this Ordinance 
 
 Interpretation 
 of terms. 
 
 Penalty on 
 person wound- 
 ing or killing 
 wild l)ir(l 
 specified in 
 P'irst 
 Schedule.
 
 558 
 
 No. 6.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Onus of proof 
 on charge of 
 unlawful 
 possession, 
 etc., of wild 
 bird. 
 
 Power to the 
 Governor to 
 authorize the 
 Inspector 
 General to 
 destroy 
 carrion crows 
 in districts 
 where too 
 numerous. 
 
 Power of the 
 Inspector 
 General under 
 authority. 
 
 Penalty on 
 unauthorized 
 person 
 wounding or 
 killing carrion 
 crow. 
 
 Penalty on 
 person wound- 
 ing or killing 
 wild bird 
 specified in 
 Second 
 Schedule 
 during close 
 season. 
 
 shall be guilty of an offence, and, being convicted thereof, shall be liable 
 to a penalty of twenty-four dollars for each wild bird, or part thereof, 
 in respect of which the offence is committed. 
 
 4. Where any person is proceeded against for having in his possession 
 any part of a wild bird specified in the First Schedule to this Ordin- 
 ance, or for exporting or attempting to export any part of any such 
 wild bird, the proof that such wild bird to which the part belonged 
 was wounded or killed without the limits of the Colony or before the 
 commencement of this Ordinance shall be on such person. 
 
 5. — (1.) Where it is made to appear to the Governor that the carrion 
 crows in any portion of the Colony are too numerous, it shall be 
 lawful for the Governor to authorize the Inspector General of Police 
 to cause to be destroyed such number of carrion crows found in that 
 district as may be necessary to abate any nuisance caused by carrion 
 crows. 
 
 (2.) Such authority may be given by letter signed by the Govern- 
 ment Secretary, and may be granted from time to time as occasion may 
 require. 
 
 (3.) Every such authority shall specify the district or part of the 
 Colony to which it extends ; and no such authority shall continue in 
 force at any one time for any period exceeding one month. 
 
 6. On receiving such authority, the Inspector General of Police may 
 cause the number of carrion crows in the district or part of the Colony 
 specified during the period specified to be reduced, so as to abate any 
 nuisance that may be occasioned by such carrion crows. 
 
 7. — (1.) Every person not duly authorized who wilfully wounds or 
 kills any carrion crow shall, on being convicted thereof, be liable to a 
 penalty not exceeding twenty-four dollars for each carrion crow so 
 wounded or killed. 
 
 (2.) Where any person is charged with an offence under this 
 section, it shall not be necessary to allege or prove that he was not 
 duly authorized, and the proof that he was duly authorized shall be on 
 the person alleging the same. 
 
 8. Every person who — 
 
 (1.) Knowingly wounds or kills any wild bird specified in the Second 
 Schedule to this Ordinance during the close season ; or 
 
 (2.) Exposes or offers for sale, or purchases, any such wild bird 
 recently killed duinng the close season, 
 
 shall be guilty of an offence, and, being convicted thereof, shall be liable 
 to a penalty not exceeding twenty-four dollars for each wild bird in 
 respect of which the offence is committed. 
 
 Exceptions in 
 certain cases. 
 
 9. — (1.) Notwithstanding anything in tjiis Ordinance, no person 
 shall be liable to be convicted of any offence for wounding or killing 
 any wild bird if he can prove that the wild bird in respect of which 
 the offence is alleged to have been committed was wounded or killed 
 for the purpose of jjrocuring food, and at a spot distant more than ten 
 miles from any sugar plantation. 
 
 (2.) No Aboriginal Indian shall be liable to be convicted of any 
 offence under this Ordinance,
 
 A.D. 1877.] 
 
 WILD BIRDS. 
 
 [No. 6. 
 
 559 
 
 10.. Notwithstanding anything in this Ordinance, the Governor, by 
 writing signed hy the Government Secretary, may, for such time and 
 subject to such conditions as he tliinks fit, authorize any person to kill 
 wild birds, and may also so authorize any person to export the skins of 
 wild l)irds. (Amd! 21 of 1901 s. 5.) 
 
 11. — (1.) The Governor-in-Council may from time to time, and as 
 often as occasion may require, by Order, declare that the name or 
 names of any l)ird or birds shall be added to or expunged from the 
 list of birds contained in either of the Schedules to this Ordinance, 
 and thereupon, and while such Order remains in force, this Ordinance 
 shall be read and have effect as if the name or names of the bird or 
 birds so added had Ijeen inserted, or as if the name or names of the 
 bird or birds so expunged had not been specified, in the Schedule to 
 this Ordinance mentioned in such Order. 
 
 (2.) The Governor-in-Council may in like manner alter the period 
 hereinbefore declared to be the close season and may declare what 
 period shall be the period to be observed as the close season with 
 respect to any or all of the wild birds specified or to be specified in 
 the Second Schedule to this Ordinance. 
 
 12. When any person is found offending against this Ordinance, it 
 shall be lawful for any person to require the jjerson so offending to 
 give his name, description, and place of abode ; and in case the person 
 so offending refuses to give his real name or place of a]:)ode, or gives an 
 untrue name, description, or place of abode, he shall be guilty of an 
 offence, and, being convicted thereof, shall be liable to a penalty not 
 exceeding twenty-four dollars in addition to any other penalty to 
 which he is liable under this Oi'dinance. 
 
 13. — (1.) Every offence under this Ordinance shall be punishable 
 on summary conviction, and the procedure shall be that provided by 
 any Ordinance for the time being in force regulating procedure before 
 Stipendiary Magistrates in the exercise of their summary jurisdiction. 
 
 (2.) Any offence under this Ordinance committed on the sea coast 
 may l)e inquired of by any Stipendiary Magistrate in any County 
 where the accused person may be found. 
 
 (3.) In every proceeding under this Ordinance, the defendant may 
 tender himself and be examined as a witness on his own behalf. 
 
 Power to the 
 Governor to 
 grant licences 
 to kill wild 
 birds, etc. 
 
 Power to alter 
 Schedules and 
 close season. 
 
 Case of person 
 
 found 
 
 offending. 
 
 Procedure and 
 evidence. 
 
 See Ordinances 
 No. 12 0/1893 
 (uuJ No. 13 of 
 18!)3. 
 
 SCHEDULES. • 
 THE FIRST SCHEDULE. 
 List op Wild Birds absolutely Protected. 
 
 Section 3. 
 
 Black Witch. 
 
 Campanero. (Bell Bird). 
 
 Carrion Crow. 
 
 Ca8siqu(!. 
 
 Cock of the Rock. 
 
 Cotinga. 
 
 Crane. 
 
 Creeper. 
 
 Egret. 
 
 Flycatcher. 
 
 Gauldiii. 
 
 Goatsucker. 
 
 Crrass Bii'd. 
 
 Ground Dove. 
 
 Jacamar. 
 
 Hawk. 
 
 Heron. 
 
 Humming Bird. 
 
 Hutu. 
 
 Kingfisher 
 
 Kite. 
 
 Macaw. 
 
 INIanakin. 
 
 Martin.
 
 560 No. 6.] THE LA WS OF BRITISH GUIANA : [A.D. 1877. 
 
 Owl. 
 
 Parroquet. 
 
 Qu'est-ce qu'il dit. 
 
 Shrike. 
 
 Sun Bii-d. 
 
 Sparrow. 
 
 Swallow. 
 
 Tanager. 
 
 Thrush. 
 
 Toucan. 
 
 Trogon. 
 
 Troupial. 
 
 Woodpecker. 
 
 Wren. 
 
 Vulture. 
 
 Section 8. 
 
 THE SECOND SCHEDULE. 
 List of Wild Birds protected during Close Season. 
 
 Bittern. 
 
 Parrot. 
 
 Curlew. 
 Curri-Curri. 
 
 Pigeon. 
 Plover. 
 
 Douraquara. 
 
 Dove (not being a Ground Dove). 
 
 Ibis. 
 
 Hannaqua. 
 
 Maam. 
 
 Maroudi. 
 
 Powis. 
 Quail. 
 Snipe. 
 Spur-wing. 
 Trumpet Bij-d. 
 Wild Duck. 
 
 Negro-cop 
 
 
 A.D. 
 
 1878. 
 
 An 
 
 See Ordhiances 
 No. 3 of 1869, 
 No. 2 of 1870, 
 No. 6 of 1891, 
 ntid No. 4 of 
 1902. 
 
 ORDINANCE No. 
 Ordinance to transfer 
 
 1 OF 1878. 
 to the West India and 
 
 No. 3 of 1869. 
 
 No. 2 of 1870. 
 
 Panama Telegraph Company, Limited, incorporated 
 on the 9th day of January, 1877, the Rights and 
 Privileges heretofore granted to the West India 
 and Panama Telegraph Company, Limited, incor- 
 porated on the 30th day of July, 18(39. 
 
 [18th September, 1878.] 
 
 WHEREAS by the International Ocean Telegraph Company's 
 Ordinance, 1869, a subsidy and certain rights and privileges 
 were granted to the International Ocean Telegraph Company, 
 subject to the terms and conditions tlierein expressed : 
 
 And whereas by the West India and Panama Telegraph Company, 
 Limited, Ordinance, 1870, the said subsidy and all the said rights and 
 privileges, subject to the said terms and conditions, were transferred 
 to the West India and Panama Telegraph Company, Limited, which 
 was incorporated in England on the 30th day of July, 1869 ; 
 
 And whereas the said last-mentioned Company has been dissolved 
 and reconstituted as a new Company called "The West India and 
 Panama Telegraph Company, Limited ; " 
 
 And whereas the said new Company was incorporated in England 
 on the 9th day of January, 1877 ; 
 
 And whereas the rights and privileges of the Company incorporated 
 on the 30th day of July, 1869, secured by the said Ordinances have 
 been transferred to the said new Company ; 
 
 And whereas the Governor and Court of Policy have consented to 
 such transfer ; ,
 
 A.D. 1878.] 
 
 VOLUNTEERS. 
 
 [No. 2. 
 
 561 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of PoUcy thereof, as follows : — 
 
 1. This Ordinance maybe cited as the West India and Panama Short title. 
 Telegraph Company, Limited (Transfer of Rights) Ordinance, 1878. 
 
 2. The subsidy and all the rights and privileges granted to the Inter- TraiiBfer of 
 national Ocean Telegrajih Company by the Ordinance first hereinbefore "Kh*** of 
 recited, and made payable and transferred to the West India and J,(^,^y ^^ ^ew' 
 Panama Telegraph Company, Limited, incorporated on the 30th day (Jompany. 
 of July, 1869, shall be payable and transferred to the said new 
 Company incorporated on the 9th day of January, 1877, and called the 
 
 West India and Panama Telegraph Company, Limited, subject to tlie 
 same terms and conditions as are expressed in the said Ordinance. 
 
 3. All the provisions of the Ordinance first hereinbefore recited with Application 
 respect to the International Ocean Telegraph Company shall apply to ^^ statutory 
 
 1. »/ X^ i. »/ DfO Visions 
 
 the said new Company so incorporated on the 9th day of January, [^ y^^^ 
 1877, called " The West India and Panama Telegraph Company, Company. 
 Limited." 
 
 ORDINANCE No. 2 OF 1878. 
 
 An Ordinance to provide for the Establishment and 
 Regulation of a Volunteer Force in British Guiana. 
 
 [5th October, 1878. J 
 
 1) R it enacted by the Governor of British Guiana, with the advice 
 ) and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Volunteer Ordinance, 1878. Short title. 
 
 Formation of Corps. 
 
 2. — (1.) It shall be lawful for the Governor to accept the service of Power to the 
 any persons desiring to be formed under this Ordinance into a Volunteer ,t"services 
 
 Corps and offering their services to the (xovernor. of Corps. 
 
 (•J.) On such acceptance, the proposed Corps shall be deemed law- 
 fully formed under this Ordinance as a Corps of the Colony. 
 
 A.D. 1878. 
 
 Ordinance 
 No. 13 of 1894 
 s. 3 (12) 
 incorporated. 
 As to the 
 operation of 
 this Ordinance, 
 see Ordinance 
 No. 12 of 1891 
 s. 148. 
 
 Officers of Corps. 
 
 3. — (1.) Every Volunteer Corps shall be officered by persons ap- Appointment 
 pointed with the appro\ al of and commissioned by the Governor. ofticers. 
 
 (2.) Every officer shall hold office during the Governor's pleasure. 
 
 4. Officers of the Volunteer Force shall rank with officers of the Rank of officer. 
 Georgetown jNIilitia Force as the youngest of their respective ranks in 
 the respective Forces. 
 
 5. — (1.) Every officer of the Volunteer Force shall, on receiving his 
 commission, and every volunteer shall, on his enrolment in the muster 
 roll of his Corps, or in either case as soon afterwards as may be, take 
 the oath in the Form No. 1 contained in the Schedule to this Ordin- 
 
 ance. 
 
 Taking of oath 
 by officer and 
 volunteer. 
 
 Schedule : 
 Form No. 1.
 
 562 
 
 No. 2.] THE LA ^Y8 OF BRITISH GUIANA : [A.D. 1878. 
 
 (2.) Every officer shall so take such oath before the Governor, and 
 every volunteer shall so take such oath before a Justice of the Peace 
 or an officer of the Corps who has taken such oath. 
 
 Power to 
 volunteer to 
 quit his Corps 
 on certain 
 conditions. 
 
 Quitting Corps. 
 
 6. — (1.) Any volunteer may, except when on actual service, quit his 
 Corps on complying with the following Conditions, namely, — 
 
 (a.) Giving to the Commanding Officer of his Corps fourteen 
 days' notice in writing of his intention to quit the Corps ; 
 
 (6.) Delivei'ing up in good order (fair wear and tear only 
 excepted) all arms, clothing, and appointments, being the 
 property of the Colony or of his Corps, issued to him ; and 
 
 (('.) Paying all money due or becoming due by him under the 
 rules of his Corps, either before or at the time or by reason 
 of his quitting it ; 
 
 and thereupon he shall be struck out of the muster roll of the Corps 
 by the Commanding Officer. 
 
 (2.) If any volunteer gives such notice and the Commanding 
 Officer refuses to strike him out of the muster roll, and the volunteer 
 considers himself aggrieved thereby, the volunteer may appeal to a 
 Stipendiary Magistrate, who shall hear and determine the appeal, and 
 may for the purposes thereof administer oaths and examine any person 
 as a witness : and if it appears to such Magistrate that the arms, cloth- 
 ing, and appointments issued to the volunteer, being the property of 
 the Colony or of his Corps, have been delivered in good order (fair 
 wear and tear only excepted), or that he has paid or is ready to pay 
 sufficient compensation for any damage which such articles may have 
 sustained, and that all money due or becoming due by him under the 
 rules of his Corps, either before or at the time or by reason of his 
 quitting it, has been paid, such Magistrate may order the Commanding 
 Officer forthwith to strike such volunteer out of the muster I'oll of his 
 Corps, and his determination shall be Ijinding on all persons. 
 
 Command of Corps. 
 
 Power to the 7. Whenever any volunteers are on actual military service, or are 
 
 Governor to undergoing inspection, or are voluntarily doing any military duty, the 
 Iiiule™ "" Governor may put them and their officers under the command of the 
 
 command of officers of His Majesty's Army, senior in rank to every officer of the 
 officers of the Volunteer Force to be so put under their command, as the Governor 
 may appoint or designate ; but so, nevertheless, that the volunteers 
 put under such command shall be led by their own officers under such 
 
 command. 
 
 Efficiency. 
 
 I*ower to tlie 
 ( jovernor to 
 declare 
 requisites of 
 efficiency. 
 
 8. The Governor may from time to time declare what is requisite 
 to entitle a volunteer to be deemed an efficient volunteer by a general 
 order to be published in The Ojfjcial Gazette, defining for that purpose 
 the extent of attendance at drill to be given by the volunteer, the 
 course of instruction to be gone through by him, and the degree of 
 proficiency in drill and instruction to be attained by him and his 
 Corps ; and such proficiency shall be judged of by an Inspecting Officer 
 or otherwise as may be directed by the Governor.
 
 A.D. 1878.] 
 
 VOLUNTEERS. 
 
 [No. 2. 
 
 563 
 
 DishmuUiKi of ('()i-/>s. 
 
 9. The Governor may disband or discontinue the services of any Power to the 
 Volunteer Corps, or any part thereof, whenever it may seem expedient Ji^^i^j!"^ j'^r,*'' 
 to him to do so. 
 
 Administrative Begiment. 
 
 10. Two or more separate Volunteer Corps may be formed, hty the Formation of 
 authority of the Governor, into a united ])ody for military or admin- ^^l^^gjj^ent 
 istrative purposes, hereinafter called an Administrative Regiment : 
 Provided that, notwithstanding the formation of any such Regiment, 
 
 the separate Corps, formed into the same shall be severally deemed 
 Volunteer Corps for all the purposes of this Ordinance. 
 
 Court of Inquiry. 
 1 1 . — (1.) The Governor may at any time assemble a Court of Intjuiry, Provisions re- 
 to inquire into any matter relative to a Volunteer Corps or Admin- lating to Court 
 istrative Regiment or any officer or volunteer belonging thereto, and ° nquirj . 
 to record the facts and circumstances ascertained on such inquiry, and, 
 if required, to report, on the same for the information and assistance 
 of the Governor. 
 
 (2.) Such Court, when the inquiry is with reference to an officer, 
 shall be composed of officers of the Volunteer Force, and in other cases 
 shall be composed either of officers or of officers and volunteers 
 belonging to the Corps or Regiment. 
 
 (3.) The Commanding Officer of a Volunteer Corps or Admin- 
 istrative Regiment may at any time assemble a Court of Inquiry, 
 composed either of officers and volunteers belonging to the Corps or 
 Regiment, or of such officers, or of such volunteers, to inquire into any 
 matter relative to the Corps or Regiment or any volunteer belonging 
 thereto, and to record the facts and circumstances ascertained on such 
 inquiry, and, if required, to report on the same for the information and 
 assistance of the Commanding Officer ; but nothing herein contained 
 shall authorize any inquiry with reference to an officer otherwise than 
 by a Court assembled by direction of the Governor and composed 
 exclusively of officers of the Volunteer Force. 
 
 Regulations. 
 12.— (1.) The Governor may from time to time make regulations Making of 
 
 etc. 
 
 respecting anything in this Ordinance directed or authorized to be regulations, 
 
 done or provided by regulation, and also such regulations as may seem 
 fit (not being inconsistent with any of the provisions of this Ordin- 
 ance) respecting the appointment and promotion of officers, and the 
 assembling and proceedings of Courts of Inquiry to inquire into and 
 report on any matter connected with the government or discipline of 
 a Volunteer Corps or Administrative Regiment, and for the full 
 execution of this Ordinance. 
 
 (2.) The Governor may call for such returns as may from time to 
 time seem requisite. 
 
 Military Service. 
 
 13. — (1. ) Whenever it appears to the Governor necessary to do so. Power to the 
 he may call out any Volunteer Corps for actual service within the ^"I'^y"''^*" ^
 
 564 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 for actual 
 service. 
 
 Discipline 
 when not on 
 actual service. 
 
 Discipline 
 when on 
 actual service. 
 Sec Ordinnvce 
 
 Colony or within the territorial waters of the Colony, by a written 
 intimation to the Commanding Officer of the Corps. 
 
 (2.) Every officer and volunteer so called out shall be bound to 
 assemble as the Governor directs, and to march and serve according 
 to orders. 
 
 (3.) If any such officer or volunteer, not being incapacitated by 
 infirmity for military service, refuses or neglects so to assemble, or 
 march, or serve, he shall be liable to a penalty not exceeding two 
 hundred and forty dollars. 
 
 Discipline. 
 
 14. With respect to the discipline of officers and volunteers the 
 following provisions shall have effect while they are not on actual 
 service, that is to say, — 
 
 (1.) The Commanding Officer of a Volunteer Corps may discharge 
 from the Corps any volunteer and strike him out of the muster 
 roll for disobedience of orders, or for neglect of duty or misconduct 
 by him as a member of the Corps, or for other sufficient cause, 
 the existence and sufficiency of such causes respectively to be 
 judged of by the Commanding Officer. The volunteer so dis- 
 charged shall nevertheless be liable to deliver up in good order 
 (fair wear and tear only excepted), all arms, clothing, and appoint- 
 ments, being the property of the Colony or of his Corps, issued to 
 him, and to pay all money due or becoming due by him under 
 the rules of his Corps, either before or at the time or by reason of 
 his discharge. The Governor may signify his pleasure and give 
 
 . such directions with respect to such discharge as to him may 
 appear just and proper ; and 
 
 (2.) If any officer or volunteer, while under arms or on march or 
 duty with the Corps or Administrative Regiment to which he 
 belongs or any portion thereof, or while engaged in any military 
 exercise or drill with such Corps or Regiment or any portion 
 thereof, or while wearing the clothing or accoutrements of such 
 Corps or Regiment on going to or returning from any place of 
 exercise or assembly of such Corps or Ri^giment or any portion 
 thereof, disobeys any lawful order of any officer under whose 
 command he then is or is guilty of misconduct, the officer then in 
 connnand of the Corps or Regiment or of the portion thereof then 
 under arms or on duty, or any superior officer under whose com- 
 mand the Corps or Regiment then is, may order the offender, if 
 an oIKcer, into arrest, and, if not an officer, into the custody of 
 any volunteer belonging to the Corps or Regiment, but so that 
 the offender be not kept in such arrest or custody longer than 
 during the time of the Corps or Regiment or such portion thereof 
 as aforesaid then remaining under arms, or on march or duty, or 
 assembled or continuing engaged in any such military exercise or 
 drill as aforesaid. 
 
 15. With respect to the discipline of officers of the Volunteer Force 
 and volunteers when on actual service the following provision shall 
 have effect, namely, all the provisions of any Ordinance for the time 
 Ix'ing in force relating to the Militia as regards offences committed by 
 members of the Militia, and the mode of procoMlure and the punish- 
 ments, shall apply to all officers of the Volunteer Force and volunteers
 
 A.D. 1878.] 
 
 VOLUNTEERS. 
 
 [No. 2. 
 
 r)fi5 
 
 in all respects as if the Volunteer Force formed part of the said 
 Militia, subject only to this variation that a Court Martial for the 
 trial of an officer of the Volunteer Force or a volunteer shall be 
 composed of officers of the Volunteer Force only. 
 
 Making of 
 rules for 
 manageiTient 
 of pro])ert_v, 
 etc., of Corps. 
 
 Vesting of 
 property of 
 Corps in 
 Commanding 
 Officer ex 
 officio. 
 
 Rides. 
 
 16. — (1.) The officers and the volunteers belonging to a Volunteer 
 Corps may from time to time make rules for the management of the 
 property, finances, and civil affairs of the Corps ; but no such rules 
 shall have effect unless and until the Commanding Officer of the Corps 
 transmits the same to the Governor for his approval, and the Gover- 
 nor's approval is notified to the Commanding Officer of such Corps, to 
 be by him forthwith communicated to the Corps, whereupon the rules 
 so approved shall be binding on all persons. 
 
 (2.) A copy of the rules, in print, or in writing, or partly in pi'int 
 and partly in writing, certified under the hand of the Commanding 
 Officer as a true copy of the rules whereof the Governor's approval lias 
 been notified as aforesaid, shall be conclusive evidence of the rules of 
 the Corps. 
 
 Money and Property of Corps. 
 
 17. — (1 .) All money subscribed by, or to, or for the use of a Volunteer 
 Corps or Administrative Regiment, and all effects belonging to any 
 such Corps or Regiment lawfully used by it, not being the property of 
 any individual officer or volunteer belonging to the Corps or Regiment, 
 and the exclusive right to sue for and recover current subscriptions, 
 arrears of subscriptions, and other money due to the Corps or 
 Regiment, shall ^est in the Commanding Officer of the Corps or 
 Regiment for the time being and his successors in office, with power 
 for him and his successors to sue, to make contracts and conveyances, 
 and to do all other lawful things relating thereto. 
 
 (2.) Any civil or criminal proceeding taken by virtue of this 
 section by the Commanding Officer of a Corps or Regiment shall not 
 be discontinued or abated by his death, resignation, or removal from 
 office, but may be carried on by and in the name of his successor in 
 office. 
 
 1 8. The Commanding Officer of a Volunteer Corps or Administrative Appointment 
 Regiment receiving any arms, ammunition, or other stores supplied at °^ storehouses 
 the public expense or by subscription shall, subject to the approval of ^°^ ^^"^^^ 
 the Governor, appoint a proper storehouse for the depositing and safe 
 
 keeping of such arms, ammunition, or stores. 
 
 19. If any person belonging or having belonged to a Volunteer Recovery of 
 Corps or Administrative Regiment refuses or neglects to pay any money subscriptions 
 subscribed or undertaken to be paid by him towards any of the funds ^"'^ ^"^*- 
 or expenses of such Corps or Regiment or due under the rules of such 
 
 Corps and actually payable b}^ him, or to pay any fine incurred by . 
 him under the rules of such Corps, such money or fine shall (without 
 prejudice to any other remedy) be recoverable from him, with costs, 
 at any time within twelve months after the same becomes due and 
 payable, as a penalty under this Ordinance is recoverable, and, when 
 recovered, shall be applied as part of the general funds of the Corps 
 or Regiment.
 
 566 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [ A.D. 1878. 
 
 Wrongful sale, 
 etc., of public 
 or Corps 
 property. 
 
 "Wrongful 
 buj-ing, etc., 
 of arms, etc. 
 
 Obligation on 
 volunteer 
 ceasing to 
 serve to 
 deliver 
 property 
 issued to him. 
 
 Obligation on 
 representative 
 of deceased 
 volunteer 
 to deliver 
 property 
 issued to him. 
 
 20. If any person designedly makes away with, sells, pawns, wrong- 
 fully destroys, wrongfully damages, or negligently loses anything issued 
 to him as a volunteer, or wrongfully refuses or wrongfully neglects to 
 deliver up, on demand, anything issued to him as a volunteer, the 
 value thereof shall be recoverable from him, with all costs, as a penalty 
 under this Ordinance is recoverable ; and he shall also for every such 
 offence of designedly making away with, selling, pawning, or wrongfully 
 destroying as aforesaid, be liable, on the prosecution of the Commanding 
 Officer of the Corps or Administrative Regiment issuing tlie thing made 
 away with, sold, pawned, or destroyed, to a penalty not exceeding 
 twenty-four dollars. 
 
 21. Every person who— 
 
 (1.) Knowingly buys or takes in j^awn or in exchange from any 
 volunteer or any person acting on his behalf ; or 
 
 (2.) Solicits or entices any volunteer to sell or pawn, or knowingly 
 assists or acts for any volunteer in selling or pawning ; or 
 
 (3.) Has in his possession or keeping, without satisfactorily account- 
 ing for, 
 
 any arms, clothing or appointments, Ijeing the property of the Colony 
 or of any Volunteer Corps or Administrative Regiment, or any public 
 stores or ammunition issued for the use of any such Corps or Regiment, 
 he shall, on the first commission by him of any such offence, be liable 
 to a penalty not exceeding twenty-four dollars, and shall, on a second 
 and every other subsequent commission by him of any such offence, 
 and on being convicted thereof in the like course of proceeding as that 
 in which any such penalty is recoverable, be liable to a penalty of not 
 less than twenty-four dollars and not exceeding one hundred dollars, 
 with or without imprisonment for any term not exceeding six months, 
 with or without hard labour. 
 
 22. — (1.) Every person ceasing to serve in the Volunteer Force shall 
 within one week thereafter, deliver over all propei'ty belonging to any 
 Volunteer Corps or Administrative Regiment, or provided at the expense 
 of the Colony, which may have been issued to him or which may be in 
 his possession, to the Commanding Officer. 
 
 (2.) In case of default, every such person shall be guilty of a mis- 
 demeanour, and shall be liable, on conviction thereof before a Stipendiary 
 Magistrate, to imprisonment, with or without hard labour, for any 
 term not exceeding two months ; and it shall be lawful for any 
 Stipendiary Masiistrate to issue his warrant to search for and seize 
 all such property which is not so delivered over, wherever the same 
 may be found. 
 
 23. — (1.) When any person serving in the Volunteer Force dies, 
 his heir, executor, or other representative, or the householder in whose 
 h(mse he may die, possessed of any propert}^ belonging to any Volunteer 
 Corps or Administrative Regiment, or pi'ovided at the public expense, 
 .shall be })Ound, within fourteen days after such death, t(t deliver up 
 to the Commanding Office^- of the Corps or Regiment all such 
 property. 
 
 (2.) In case of default, every such heir, executor, or other repre- 
 sentative, or householder, sliall be guilty of a misdemeanor, and shall 
 be liable, on conviction thereof before a Stipendiary Magistrate, to a 
 like punishment as ia provided in the last preceding section ; and it
 
 A.D. 1878.] 
 
 VOLUNTEERS. 
 
 [No. 2. 
 
 561 
 
 shall be lawful in like manner for any Stipendiary Magistrate to issue 
 his warrant to search and seize all such property. 
 
 24. Every person who — Penalty on 
 
 ncrson coni~ 
 (I.) Wilfully commits any damage to any butt or target ])elonging mitting 
 
 to or lawfully used by any Volunteer Corps or Administrative <lamage to 
 -0-4. J J r ^^^^ g^^ 
 
 Kegiment ; or 
 (2.) Without the leave of the Commanding Officer of the Corps or 
 Regiment, searches for bullets in or otherwise disturbs the soil 
 forming such butt or target, 
 
 shall for every such offence be liable, on the prosecution of the Com- 
 manding Officer, to a penalty not exceeding twenty-four dollars. 
 
 Miscellaneous Provisions. 
 
 25. — (1.) Every officer of the Volunteer Foi'ce and every efficient 
 volunteer shall be exempt from liability to serve in any Militia Force 
 in the Colony. 
 
 (2.) A certificate (in the Form No. 2 contained in the Schedule 
 to this Ordinance, with such variations as circumstances may require) 
 of the Commanding Officer of a Volunteer Corps to the efilect that the 
 person named therein is a volunteer enrolled in that Corps and is exempt 
 as aforesaid shall be conclusive evidence thereof. 
 
 26. The Commanding Officer of any Volunteer Corps or Adminis- 
 trative Regiment may appear before any Magistrate or Justice of the 
 Peace by any member of the Corps or Regiment authorized in writing 
 under the hand of such Commanding Officer. 
 
 27. All penalties under this Ordinance may be sued for and recovered 
 before a Stipendiary Magistrate according to the form of procedure, 
 and subject to the appeal, provided by any Ordinances for the tune 
 being in force regulating procedure before Stipendiary Magistrates in 
 the exercise of their summary jurisdiction and appeals from the 
 decisions of Stipendiary Magistrates. 
 
 SCHEDULE. 
 
 FOKMy. 
 
 Form No. 1. 
 
 Oath of Officer and Volunteer. 
 
 I, A. B., do swear that I will be faithful and bear true allegiance to His 
 Majesty King Edward the Seventh, and that I will faithfully serve His Majesty in the 
 Colony of British Guiana and within the territorial waters thereof for the 
 defence of the same. 
 
 Exemption of 
 officers and 
 volunteers 
 from service 
 in Militia. 
 
 Schedule : 
 Form No. 2. 
 
 Appearance 
 of Command- 
 ing Officer 
 before 
 Magistrate. 
 
 Procedure and 
 appeal. 
 
 See Ordinances 
 No. 12 of 1893 
 and No. 13 of 
 1893. 
 
 Section 5. 
 
 Form No. 2. 
 
 Certificate of Jiflicieney and Exemption . 
 
 I, A. B., Commanding Officer of the Volunteer Corps, hereby 
 
 certify that C. D. is a volunteer enrolled in that Corps ; that the said C. D. is 
 an efficient volunteer ; and that the said C. 1). so long as he remains enrolled in 
 the said Corps is therefore exempt from liability to serve in any Militia Force 
 in the Colonv of British Guiana under the provisions of the Volunteer Ordin- 
 ance, 1878. 
 
 Dated this dav of 1 
 
 (Signed.) A. B. 
 
 Section 25.
 
 568 
 
 No. 3.] THE LAWS OF BRITISH GUIANA .- [A.D. 1878. 
 
 A.D. 1878. 
 
 — ♦ — 
 
 Ordinances 
 No. 10 of 1880, 
 No. 14 of 1886, 
 No. 11 of 1890, 
 No. 13 0/1894 
 s. 3 (13), 
 No. 17 of 1894 
 s. 3 (6), 
 No. 5 of 1901 
 s. 2, 
 
 iV^o. 10 0/ 1902, 
 No. 18 o/" 1903, 
 No. 26 of 1903 
 s. 6 and No. 20 
 of 1904, s. 4 
 incorporated. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 OKDINANCE No. 3 OF 1878. 
 
 An Ordinance to consolidate and amend the Laws 
 relating to the Public Health. 
 
 [nth January, 1879.] 
 
 BE it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of PoHcy thereof, as follows : — 
 
 Preliminary. 
 
 1 . This Ordinance may be cited as the Public Health Ordinance, 1878. 
 
 2. In this Ordinance unless the context otherwise requires, — 
 
 " Person " includes any body of persons, whether corporate or 
 unincorporate : 
 
 " Local Authority " means Town Sanitary Authority, Village 
 Sanitary Authority, and Country Sanitary Authority : 
 
 " Sanitary District " means any district formed under the provi- 
 sions of this Ordinance : 
 
 " Sanitary purposes " means purpose of this Ordmance : 
 
 " The Central Board " means the Central Board of Health of 
 British Guiana constituted by this Ordinance : 
 
 " Officer " includes any person employed temporarily or otherwise 
 by a Local Authority or by the Central Board to perform any 
 duty : 
 
 " Lands " and " premises " include messuages, buildings, lands, 
 easements, and hereditaments : 
 
 " Lot of land " means any portion of land separately assessed for 
 taxation by any Local Authority : 
 
 " Plantation " means any plantation on which there are forty 
 acres of land under cane cultivation, and includes all lands 
 forming part of such plantation, with the buildings and erections 
 thereon, which belong to the proprietor thereof or are occupied 
 by him therewith : 
 
 " Owner " means the person for the time being receiving the rack 
 rent of the lands or premises in connexion with which the word 
 is used, whether on his own account or as agent or representa- 
 tive for any other person, or who would so receive the same if 
 such lands or premises were let at a rack-rent : 
 
 "Rack-rent " means rent which is not less than two-thirds of the 
 rent at which the property might reasonably be expected to let : 
 
 " Drain " means any drain of one lot of land or of two lots of 
 land, or of premises within the same curtilage, made for the 
 purpose of conveying the water received thereon to any main 
 drain or trench : 
 
 " Main drain " includes drains and trenches of every description 
 except drains to which the word " drain " interpreted as afore- 
 said applies : 
 
 " Street " includes any highway and any public bridge, also any 
 road, lane, footway, square, court, alley, or passage, whether a 
 thoroughfare or not :
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 569 
 
 " House "' includes schools, also buildings in which more than ten 
 
 persons are employed at one time : 
 " Tank" means any receptacle for the storage of rainwater, made 
 
 of wood, iron, brick, stone, or concrete : 
 " Reservoir" means any receptacle for the storage of fresh water 
 
 which is not a tank as hereinbefore defined : 
 " Magistrate " means Stipendiary Magistrate, 
 
 3. This Ordinance is divided into Parts as follows : — 
 
 Pakt I.- -Authoi'ities for Execution of the Ordinance. 
 
 Part II. — Sanitaiy Provisions. 
 
 Part III. — Local Government Provisions. 
 
 Part IV. — General Provisions. 
 
 Part V. — Rating and Borrowing Powers. 
 
 Part VI. — Legal Proceedings. 
 
 Part VII.— The Central Board. 
 
 Part VIII. — Miscellaneous Provisions. 
 
 Arrangement 
 of the 
 Ordinance. 
 
 the Colony 
 into Sanitary 
 Districts 
 
 PART I. 
 
 Authorities for Execution of the Ordinance. 
 
 Sanitary Districts and TjocoI Authorities. 
 
 4.--(l.) For the purposes of this Ordinance, the Colony shall con- Division of 
 sist of districts to be called respectively — 
 
 {a.) Town Sanitary Districts ; 
 
 (6.) Village Sanitary Districts ; and 
 
 {c.) Country Sanitary Districts, 
 
 (in this Ordinance referred to as Town, Village, and Country Dis- 
 tricts). 
 
 (2.) Such Town, Village, and Country Districts shall respectively 
 be subject to the jurisdiction of local authorities called Town Sanitary 
 Authorities, Village Sanitary Authorities, and Country Sanitary 
 Authorities (in this Ordinance referred to as Town, Village and 
 Country Authorities) invested with the powers mentioned in this 
 Ordinance. 
 
 5. The City of Georgetown shall be a Town District, and the Georgetown. 
 Mayor and Town Council of Georgetown shall be the Town Authority 
 
 of such District. 
 
 6. The Town of New Amsterdam shall be a Town District, and the New Amster- 
 Mayor and Town Council of New Amsterdam shall be the Town f^^™- 
 Authority of such District. 
 
 7. Each Village now declared or which may hereafter be declared to villages. 
 
 be a Village within the meaning of any Ordinance for the time being See Ordinatice 
 in force relating to Villages shall, subject to the provisions herein- ^o- 6 of 1892. 
 after contained, be a Village District ; and the Village Council of such 
 Village, or, if there is no Village Council, the body of persons having 
 the power to levy rates in such Village, shall be the Village Authority 
 of such District. 
 
 8. — (1.) Each plantation shall, subject to the provisions hereinafter Plantation, 
 contained, be a Country District, and the Central Board shall be the 
 Country Authority of such District. 
 
 VOL. I. 39
 
 570 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 (2.) The Central Board shall, with respect to each such District, 
 possess the powers conferred by this Ordinance on the Central Board 
 as well as those of a Country Authority ; but the Central I'oard, 
 exercising the powers of a Country Authority, shall not be bound to 
 perform any act required by this Ordinance to be performed l^y a Local 
 Authority which it appears inexpedient to them to perform, (s. 9.) 
 
 Power to the 
 Governor-iu- 
 Council to 
 declare an\" 
 portion of the 
 Colony a Sani- 
 tary District. 
 
 Provision 
 where public 
 officer appoint- 
 ed Local 
 Authority. 
 
 Incorporation 
 of Local 
 Authority, 
 
 I'ower to 
 Local Autho- 
 rity to change 
 name. 
 
 9. — (1.) Notwithstanding anything hereinbefore contained, the 
 Governor-in-Council may from time to time, by Order to be published 
 in The Official Gazette, declare any portion of the Colony specified in 
 such Order, and not comprised within the present limits of Georgetown 
 or New Amsterdam, to be a Town, or Village, or Country District. 
 
 (2.) The Local Authority of such district shall consist of not 
 fewer than three members, of whom one at least shall be resident 
 within the limits of such district. 
 
 (3.) The members shall be appointed from time to time by the 
 Central Board, who shall appoint one of the number to be Chairman 
 of the Authority. 
 
 (4.) The Centi^al Board may by resolution cancel the appointment 
 of any member of the Authority, and may cancel the appointment of 
 the Chairman, and appoint any other member to be Chairman in his 
 place. 
 
 (5.) The Central Board may by resolution in their discretion add 
 to or diminish the number of members of the Local Authority, subject 
 to the provisions of sub-section (2) of this section. (s. 10 amd. 10 of 
 1902, s. 2.) 
 
 10. Where the Central Board direct that the Local Authority of 
 any Sanitary District shall be the holder of any office in the public 
 service, the person for the time being performing the duties of such 
 office shall, during such time as he performs the duties of such office, 
 be such Local Authority, unless the Central Board otherwise direct. 
 (S. 11 amd. 26 of 1903, s. 21.) 
 
 11. — (1.) Every Local Authority, other than the Central Board, not 
 otherwise incorporated, and whether consisting of one person or more, 
 shall be a body corporate with perpetual succession, designated by 
 such name as may be given thereto or approved of by the Central 
 Board, and with power to sue and be sued in such name and to hold 
 lands for sanitary purposes. 
 
 (2.) It shall not be necessary for any such corporation to use a 
 common seal. 
 
 (3.) Where any Local Authority not incorporated before the com- 
 mencement of this Ordinance, other than the Central Board, consist of 
 mor(! than one person, the consent of the majority of the members 
 thereof shall be necessary to the validity of any act. (s. 12 amd. 26 
 of 1903, 8. 21.) 
 
 12. — (1.) Any Local Authority constituted either before or after 
 the commencement of this Ordinance may, with the sanction of the 
 Central Board, change their name. 
 
 (2.) Every such change of name sliall l)e published in such manner 
 as the Central Hoard may direct. 
 
 (3.) No such change of name shall aflect any rights or obligations 
 of the Local Authority or render defective any legal proceedings in- 
 stituted by or against the Local Authority ; and any legal proceedings
 
 A.D. 1878.] PUBLIC HEALTH. [No. 3. 571 
 
 may be continued or commenced against the Local Authority by their 
 new name which might liave been continued or commenced against 
 the Local Authority by their former name. (s. 13.) 
 
 13. In any legal proceeding by any Local Authority, other than Power a<Z 
 the Central Board, the power ad litem may be signed by any member "'^'"'• 
 of the Local Authority, (s. 14.) 
 
 The Central Board. 
 
 14. — (1.) For the purposes of this Ordinance, a Board is hereby Constitution 
 constituted to be called " llie Central Board of Health of British of the Central 
 Guiana " invested with the powers in this Ordinance mentioned. ^^^ ' 
 
 (2.) The members of the said Board shall be appointed by the 
 Governor, and shall hold office during the Governor's pleasure. 
 
 (3.) The Governor may appoint any member to be Chairman and 
 any other member to be Deputy-Chairman of the said Board. 
 
 (4.) For the purposes of this section the Mayor of Georgetown 
 shall be deemed a "public officer'' within the meaning of section 37 
 of the Interpretation Ordinance, 1891. (s. 15 amd. 10 of 1902, iV^o. 14 o/ 1891. 
 ss. 4 and 7.) 
 
 15. — (1.) The Central Board shall be a body corporate, with per- Incorporation 
 petual succession and a common seal, and with power to sue and be ^ *"^ Central 
 sued and to hold lands for sanitary purposes. 
 
 (2.) In any legal proceeding by the Central Board, the power ad 
 litem may be signed by the Secretary of the Board, (s. 16.) 
 
 16. The powers of the Central Board may be exercised at any Quorum of the 
 meeting of the Board at which not fewer than two members are Central Board, 
 present, (s. 17.) 
 
 17. — (1.) The Central Board may appoint one or more Committees Committees 
 of its own body for the transaction of business. The Chairman and of Central 
 
 "Rnn rrl 
 
 Deputy Chairman shall be ex officio members of every committee 
 appointed under this section, and the Chairman of the Board, or in 
 his absence, the Deputy Chairman shall be Chaii'man of every such 
 Committee. 
 
 (2.) The Board may make regulations with respect to the number, 
 quorum and delegated powers of any such committee. 
 
 (3.) Every committee shall report its proceedings to the Central 
 Board, but subject to the regulations, the acts and proceedings of the 
 committee, shall not be required to be submitted to the Central Board 
 for its approval. 
 
 (4.) The Board may at any time rescind any resolution for the 
 appointment of a Committee. (10 of 1902, s. 8.) 
 
 18. It shall be lawful for the Central Board to give leave of Leave of 
 absence to any member for a period not exceeding four months. Any jl^jg 
 member who departs from the Colony without leave, or having 
 departed from the Colony with leave remains out of the Colony after 
 
 such leave has expired shall ipso Jactn vacate his seat. (10 of 
 1902, s. 6.) 
 
 19. The Governor may from time to tune appoint a Secretary to the Appointment, 
 Central Board, who shall receive such salary as may be provided for ^*^^ ° becre- 
 
 voL. I 39a
 
 572 
 
 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1878. 
 
 that purpose by the Combmed Court, and who sliall hold office during 
 the Governor's pleasure, (s. 18.) 
 
 Power to ap- 
 point officers, 
 etc. 
 
 Making of 
 by-laws for 
 regulation of 
 common lands. 
 
 i\Iaking of 
 
 general 
 
 hv-laws. 
 
 Power to the 
 Board to act 
 as Local 
 Authorit_y. 
 
 Power to 
 borrow money. 
 
 Power to 
 purchase pro- 
 perty sold for 
 non-payment 
 of rates. 
 
 20. The Central Board may, with the approval of the Governor, 
 appoint such officers, servants, and agents as may be necessary for the 
 due execution of this Ordinance, (s. 19.) 
 
 21. The Central Board may make by-laws for regulating the use 
 by the public of the dams, trenches, pasture lands, and other property 
 in any Village or Country District which are vested in the Public 
 Works Department under any Ox'diiiance for the time being in force, 
 (s. 20.) 
 
 22- The Central Board may make by-laws for any purpose for which 
 a Local Authority are authorized to make by-laws to have effect in any 
 Village or Country District, and such by-laws, when confirmed by the 
 Governor and Court of Policy, shall have effect in every Village or 
 Country District or in any of such Districts as may be provided by such 
 by-laws. (s. 21.) 
 
 23. The Central Board shall have and may exercise in any Village 
 or Country District any or all of the powers of a Local Authority 
 whenever it appears to the Central Boai'd expedient to do so, and may 
 exercise any or all of such powers in any such District, and whether 
 there is or is not a Local Authority of such District, (s. 22.) 
 
 24. The Central Board shall have power to borrow money for the 
 execution of any of the purposes of this Ordinance, and may mortgage 
 any rate for the repayment thereof, (s. 2.3.) 
 
 25. — (1) Where any property is sold for non-payment of any rate 
 or tax, the Central Board or any Local Authority shall have power to 
 purchase the same at execution sale, if it appears to them necessary to 
 do so. 
 
 (2.) The Central Board shall be entitled to obtain letters of decree 
 for all property heretofore purchased by them, or by their servants or 
 agents, at any execution sale, and the Chief Justice is hereby authorized 
 to grant letters of decree for all such property : Provided that where 
 property is or has been so purchased, it shall be sold again by the 
 Central Board or Local Authority as soon as all amounts due in respect 
 of the same can be obtained, or whenever they are directed by the 
 Governor and Court of Policy to sell the same. 
 
 (3.) Every transport by the Central Board may be received or 
 passed by the Secretary to the Central Board, wlio, on receiving or 
 passing any transport, shall sign his name and atlix the seal of the 
 Board, (s. 24.) 
 
 Obligation on 
 Local Author- 
 ity to main- 
 tain drainage. 
 
 PART II. 
 
 Sanitary Provisions. 
 
 Drainage. 
 
 26. Every Town and Village Authority, and, when required by the 
 Central Board, every Country Authority, shall cause to be made and 
 shall at all times maintain in good order such dams and such trenches 
 and main drains, having such an outfall and with such kokcnvs or sluices, 
 as may be necessary for effectually draining their Districts, (s. 25.)
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 573 
 
 occupier of lot 
 to drain lot. 
 
 27. Every Local Authority, when required by the Central Board, Drainage 
 sliall cause their District, or such part thereof as may be specified by '" machinery 
 the Central Boai'd, to be drained by machinery, (s. 2G.) 
 
 28. Every Local Authority shall cause all trenches and main drains Keeping of 
 used for draining any portion of their District to be kept so as not to *',^"<='ies etc., 
 be a nuisance or injurious to health and to be properly cleanserl and 
 
 emptied, (s. 27.) 
 
 29. The owner of any premises without a Sanitaiy District, with the Power to 
 permission of the Local Authority of the District within wliicli is the iliain into 
 main drain, and the owner of any premises within a Sanitary District, ^^^^^ ^^^^ 
 may cause his drains to discharge into any main drain, (s 28.) 
 
 30. The owner, or, when required by the Local Authority, the Obligation on 
 occupier of every lot of land situate in a Town or Village District ^^^^ 
 shall effectually drain the lot, and for that purpose shall — 
 
 (1.) Make such dams and drains on the lot as may be necessary for 
 
 effectually draining the lot ; 
 (2.) Fill up all irregularities in the surface of the lot ; and 
 (3.) Adjust the surface thereof, and, if necessary, raise the level of 
 
 the surface thereof, in such a manner — 
 
 (a.) That the water received on the lot may flow into the drains 
 
 without obstruction ; 
 (6.) That no water can remain on any portion of the surface of 
 
 the lot other than the drains ; and 
 (c.) That the surface of the lot does not remain swampy : 
 
 Provided that where the swampy state of any lot in any such District 
 is occasioned by the main drains into which the drains of the lot dis- 
 charge not having a suflicient outfall or a sufficient capacity to carry 
 off all the water discharged into them, the owner or occupier of the lot 
 shall not be liable under this section to raise the level of the surface 
 of the lot if the level of such surface is as high as the average height 
 of the level of the land surrounding such lot for a distance of twenty 
 roods: Provided, also, that any owner may, with the consent of the 
 Local Authority of the District in which the lot is situate, have a 
 pond on the lot. (s. 29.) 
 
 31. — (1.) Every Local Authority may make by laws — 
 
 (a.) For regulating the number, position, length, and width of 
 all drains, the materials of which they are to be constructed, 
 the mode of their construction, and the main drain into which 
 they are to discharge ; 
 
 {b.) For imposing on the owner of the lot, or on the occupier, or 
 on each occupier, of the lot or of any l)uilding thereon, the 
 duty of keeping the drains on or adjoining the lot clean and 
 wholesome and free from obstruction ; and 
 
 (c.) For determining in what cases there is to be one drain 
 common to two afljoining lots, and how the expense of the 
 same is to be divided between the owners or occupiers of 
 such lots. 
 
 (2.) Such by-laws may apply to the whole or any specified part 
 of the District of such Local Authority, (s. 30.) 
 
 Making of 
 t)V-laws 
 relating to 
 drainage.
 
 574 No. 3.] THE LAWS OF BRITISH GUIANA: [A.D. 1878 
 
 Provision 
 where house 
 erected on 
 swampy land. 
 
 Mode of 
 enforcing 
 obligation to 
 drain lot, etc. 
 
 32. Where any dwelling-house is erected within a Sanitary District 
 on any land which is swami^y, the owner of the land, or, when 
 required by the Local Authority, the occupier of the dwelling-house, 
 shall effectually drain the portion of the land under and around such 
 dwelling-house ; and for that purpose shall raise the level of the 
 surface- 
 
 Power to Local 
 Authority to 
 construct 
 works for 
 collecting 
 fie wage. 
 
 (1.) Of the land covered by the house ; and 
 
 (2.) Of the land surrounding the house for a distance of at least 
 twenty-five feet from the nearest side of the house, if the land of 
 the owner so far extends, and if the land does not so far extend, 
 then to the boundary of the land, excluding in either case such 
 portions as may be required for drains, 
 
 to such a height as may be necessary to prevent the portion raised 
 continuing swampy, unless proper drainage for such land can be and 
 is forthwith obtained, (s. 31.) 
 
 33. — (1.) Where any lot within a Town or Village District is not 
 effectually drained, and where any dwelling-house is erected within a 
 Sanitary District on any land which is swamjjy, the Local Authority 
 shall, by a written notice, require, in the first case, the owner or 
 occupier of the lot or of any building on the lot and, in the second 
 case, the owner or occupier of the land or of the dwelling-house thereon, 
 or, if there are more than one of such owners or occupiers, then any 
 one or more of such owners or occupiers, to perform, within a reason- 
 able time to be specified in the notice, all or any of the obligations 
 imposed by this Ordinance on the owner or occupier for eflectually 
 draining the lot or portion of land. 
 
 (2.) If any owner or occupier fails to perform any act required by 
 such notice to be performed, he shall be liable to a penalty not 
 exceeding twenty-four dollars, and to a further penalty not exceeding 
 three dollars for each day during which such failure may continue 
 after the expiration of the time specified in the notice. 
 
 (3.) Where the notice is not complied with (and notwithstanding 
 proceedings may have been or are about to be instituted for the 
 recovery of the penalty for non-compliance therewith) the Local 
 Authority may, after the expiration of the time specified in the notice, 
 do the work required, and may recover in a summary manner the 
 expenses incurred by them in so doing from the owner or occupier 
 of the lot, in the first case, and, in the second case, from the owner 
 or occupier of the land or of the dwelling-house thereon, or may, by 
 order, declare the same to be private improvement expenses. 
 
 (4.) Any exj^ense incurred by the occupier of any lot or building 
 in complying with any notice under this section may be recovered by 
 him from the owner of the lot or of the land on which the building is 
 erected, unless the necessity for the work required by the said notice 
 to be performed was rendered necessary by the act of the occupier, or 
 unless it has been otherwise agreed between the owner and occupier, 
 (a. 32.) 
 
 34. Any Local Authority may, with the consent of the Central 
 Board, construct any works for the purpose of I'eceiving, storing, dis- 
 infecting, distributing, or otherwise disposing of sewage or ofiensive 
 matter, provided tliat no nuisance is created thereby, (s. 33.)
 
 A.D. 1878.] 
 
 run Lie iiKAi/m. 
 
 [No. 3. 
 
 0/;j 
 
 Requisites of 
 tank. 
 
 Water Suj)jily. 
 
 35. — (1.) The owner of every building in a Sanitary District other Obligation on 
 
 tliari a plantation, and the owner of every plantation, shall erect and ['^.''';T "^ . 
 
 . . ,1 1 1 p Vli i !• • huililing or of 
 
 manitani ni good order a tank oi- tanks tor the storage or rani water, plantation to 
 
 and capable of storing the quantity of water prescribed under the maintain 
 
 provisions of this Ordinance, and in this Ordinance referred to as the ^" ^" 
 
 prescribed quantity. 
 
 (2.) The Governor-in-Council may, V)y Order, from time to time 
 direct what shall be the prescribed quantity, and, when made, may 
 alter or revoke any such Order, and while such Order remains in force 
 the quantity specified in such Order shall be the prescribed (juantity. 
 
 (3.) Until the Governor-in-Council otherwise directs, the (juantities 
 specified in the Tal)les contained in the First Schedule to this (Jrdinance First 
 shall be the prescribed quantities for the buildings and plantations Schedule, 
 therein described, (s. 34. ) 
 
 (4.) Every Local Authorit}^ may make regulations for the cleansing 
 of tanks. (s. 34 amd. 20 of 1904, s. 4.) 
 
 36. No tank required to Ije maintained under the provisions t^f this 
 Ordinance shall be deemed to be in good order — 
 
 (1.) If it is not connected by pipes to gutters attached to a roof or 
 platform exposed to the weather covering at least one square foot 
 of horizontal area for each five gallons of the prescribed (|uantity 
 of water ; or 
 
 (2.) If such gutters or pipes are not of sufficient size to receive all 
 the rain falling on such roof or platform and to convey the same 
 to the tank, or if such gutters or pipes are not in good order ; or 
 
 (3.) If the tank is not fitted with apparatus for drawing of}' water 
 therefrom without waste ; or 
 
 (4.) If the tank is not kept covei'ed ; or 
 
 (5.) If the tank is not water-tight; or 
 
 (6.) If there are not proper appliances for discharging the overflow 
 when full. (s. 35.) 
 
 37. — (1.) It shall not be lawful, except with the permission of the I'rovisiou for 
 
 Central Boaj-d, for any person having the control of any school house, secyniig water 
 
 or of any building built for the purposes of public entertaiinnent, which school houses, 
 
 may be hereafter erected to permit the same to be used, unless and etc., hereafter 
 
 /•i erected. 
 
 until — 
 
 (rt.) A tank has been erected with a capacity to contain ten 
 thousand gallons of water, or four gallons for every sijuare 
 foot of horizontal area covered by the roof, whichever shall 
 be the smaller quantity ; and 
 
 {h.) 8uch tank has been coiniected with such school or building 
 by proper gutters and pipes, of sufficient size to receive all the 
 rain falling on the roof and to convey the same to such tank. 
 
 (2.) Every person who acts in contravention of this section shall 
 be liable to a penalty not exceeding one liundred dollars, (s. 36.) 
 
 38. — (1.) Each owner of any building or plantation required by this Penalty for 
 
 Ordinance to erect and maintain a tank who fails to erect a tank not erecting or 
 
 capable of storing the prescribed quantity of water, or who fails to t^nk. ° 
 
 maintain such tank in good order, shall be liable to a penalty not
 
 576 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 Mode of en- 
 forcing obliga- 
 tion to erect 
 or maintain 
 tank. 
 
 Power to 
 Local Autho- 
 rity to erect 
 and maintain 
 tanks. 
 
 Power to 
 Local Autho- 
 rity to use 
 roof of chnrch, 
 etc., to collect 
 water for tank. 
 
 exceeding two cents for each gallon of the prescribed quantity of water 
 for which he was bound to provide storage, and to a further penalty 
 not exceeding five dollars for each day during which such failure may 
 continue after conviction. 
 
 (2.) In any proceeding against any person under this section the 
 burden of proving that a tank capable of storing the prescribed quan- 
 tity has been erected, or that such tank is maintained in good order, 
 shall be on the person proceeded against, (s. 37.) 
 
 39. — (1.) When there has been any failure to erect or maintain 
 any tank required by this Ordinance to be erected or maintained, and 
 whether proceedings have been or are to be instituted for recovery of 
 any penalty for such failure, the Central Board (if the failure is on 
 the part of the owner of a plantation) or the Local Authority (if the 
 failure is on the part of the owner of any building within a Sanitary 
 District) may, by a written notice, require the owner, within a reason- 
 able tune therein specified, to erect a tank capable of storing the pre- 
 scribed quantity, or to do such work as may be necessary to put the 
 tank in good order. 
 
 (2.) If such notice is not complied with, the Local Authority may, 
 at the expiration of the time specified in the notice, erect such tank, or 
 do the work specified in such notice, and may recover by parate 
 execution the expenses incurred by them in so doing or may, by order, 
 declare the same to be private improvement expenses (s. 38.) 
 
 40. Every Local Authority may, and, when required by the Central 
 Board, shall, construct and maintain such tanks and reservoirs for the 
 storage of rain or fresh water as may be necessary, and may sell the 
 water so stored or permit the free use thereof, (s. 39.) 
 
 41. — (1.) Any Local Authority may, for the purpose of collecting 
 and storing rain water, attach gutters to the roof of any church, chapel, 
 or school, or of any building used for public entertainment, within their 
 District, and convey the water collected thereby by pipes to tanks or 
 reservoirs maintained by them, unless there is a tank connected with 
 such church, chapel, school or liuilding of sufficient size to contain five 
 gallons of water for every square foot of the horizontal area covered 
 by the roof thereof. 
 
 (2.) The officers of every Local Authority may at all reasonable 
 times enter on the land whereon is such church, chapel, school, or 
 building, or on the land used therewith, and may erect tanks thereon, 
 and may so attach such gutters and lay down such pipes over, or on, 
 or under such land, and may at all reasonable times enter on such land 
 and examine and repair such tanks, gutters and pipes : Provided 
 always that, before proceeding to ei'ect any tank on any land belonging 
 to or under the control of the persons having the control of such 
 church, chapel, school, or building, the Local Authority shall apply to 
 a Magistrate for permission to do so ; and the Magistrate, after having 
 aff'orded such persons full opportunity of being heard, is hereby re- 
 quired, to grant such permission, unless it is proved, to his satisfaction, 
 that the granting of such permission would cause such an injury to 
 the persons owning or having the control of such land as could not be 
 compensated by money ; and if the Magistrate considers that a sub- 
 stantial injury would be occasioned to such })ersons by the erection of 
 such tank Ijut that the same could he compensated in money, he shall 
 deteiTBine what sum ought to be paid by the Local Authority to such
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 577 
 
 persons, and thereupon shall grant, permission to the Local Authority 
 to erect such tank on condition that such sum is so j)aid ; and the 
 Local Authority shall not conunence to erect such tank until such sum 
 is so paid. No permission shall ))e rH(|uired to attacli such gutters or 
 lay down such pipes : Provided, also, that no tank shall be placed by 
 any Local Authority under the provisions of this section on any land 
 belonging to or under the control of the persons having the control of 
 such church, chapel, school, or l)uilding within one hundred and fifty 
 feet of sucli church, chapel, school, <ir building, except with the consent 
 of such persons, and that the Local authority shall be bound to place 
 their pipes underground if such persons so recjuire. 
 
 (3.) Every person who obstructs any officer entering as aforesaid 
 for any such purpose shall be liable to a penalty not exceeding 
 twenty -four dollars, (s. 40.) 
 
 42. F.very Local Authority may make by-laws for regulating the 
 issue of water from any tank or reservoir under their charge or on a 
 plantation, (s. 41.) 
 
 43. Every person who — 
 
 (1.) "Wilfully fouls any water in a tank or reservoir; or 
 (2.) Wilfully wastes any water stored in a tank or reservoir; or 
 (3.) Wilfully damages any tank or reservoir or any guttering, pipe, 
 cover, platform, i-oof, tap, or pump connected therewith, 
 
 shall be liable to a penalty not exceeding fifty dollars ; and shall in 
 addition be ordered by the Magistrate to pay to the person aggrieved 
 such sum, not exceeding one hundred dollars, by way of compensation 
 for so fouling or wasting such water as the Magistrate may consider 
 adequate, and, in the case of damage, to pay to such person the cost of 
 repairing the same, and such cost shall be ascertained and determined 
 by the Magistrate ; a]id all sums so ordered to be paid may be recovered 
 in the same manner as the penalty, (s. 42.) 
 
 Making of b}-- 
 laws relating 
 to issue of 
 water. 
 
 Penalt}' on 
 person fouling 
 or wasting 
 water, etc. 
 
 Water-closets, Privies, etc. 
 
 44. In this Ordinance, the term " earth-closet " includes anyplace 
 for the reception and deodorization of faecal matter constructed to the 
 satisfaction of the Local Authority, (s. 43.) 
 
 45. - (1. ) If a house within the District of a Local Authority appears 
 to such Authority, by the report of any of their officers, to be without 
 a sufficient water-closet, earth-closet, or privy, and a receptacle for 
 refuse matter, other than faecal matter, furnished with proper doors 
 and coverings, the Local Authority shall, l)y written notice, require 
 the owner or occupier of the house, within a reasonable time to be 
 therein specified, to provide a sufficient water-closet, earth-closet, or 
 privy and a receptacle as aforesaid, furnished as aforesaid, or either of 
 them, as the case may require. 
 
 (2.) If such notice is not complied with, the Local Authority may, 
 at the expiration of the time specified in the notice, do the work 
 thereby required to be done, and may recover in a summary manner 
 from the owner the expenses incurred by them in so doing or may by 
 order declai'e the same to be private improvement expenses : Provided 
 that where a water-closet earth-closet, or privy has been and is used 
 in common by the inmates o two or more houses, or if, in the opinion 
 
 Interpretation 
 of term "earth- 
 closet." 
 
 Power to 
 Local Autho- 
 rity to enforce 
 l)rovision of 
 ])rivv acconi- 
 niodation for 
 houses.
 
 578 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 of the Local Authority, a water-closet, earth-closet, or privy may be 
 so used, they need not require the same to be provided for each house. 
 (s. 44.) 
 
 Supply of diy 
 earth, etc., for 
 earth-closets. 
 
 Privy accom- 
 modation for 
 factorv. 
 
 Provision of 
 public closets. 
 
 Construction 
 and keeping 
 of drains, etc. 
 
 Penalty on 
 |)erson wilfully 
 damaging 
 water-closet, 
 etc. 
 
 Examination 
 of drain, etc., 
 on complaint 
 of nuisance. 
 
 46. Any Local Authority may themselves undertake or contract 
 with any person to undertake a suj^ply of dry earth or other deodo- 
 rizing substance to any house within their District for the j^urpose of 
 any earth-closet, (s. 45.) 
 
 47. — (1.) Where it appears to any Local Authority that any house 
 is use 1 or intended to be used as a factory or building in which per- 
 sons of both sexes are employed or intended to be employed at one 
 time in any manufacture, trade, or business, the Local Authority may, 
 if they think tit, by written notice, require the owner or occupier of 
 such house, within the time therein specified, to construct a sufficient 
 number of water-closets, earth-closets, or privies for the separate use 
 of each sex and receptacles for refuse matter. 
 
 (2,) Every person who refuses or neglects to comply with any 
 such notice shall be liable for each default to a penalty not exceeding 
 twenty-four dollars, and to a further penalty not exceeding ten dollars 
 for every day during which the default is continued, (s. 46.) 
 
 48. Any Town or Village Authority may, if they think fit, provide 
 and maintain in proper and convenient situations ui'inals, water- 
 closets, earth-closets, privies, and receptacles for refuse matter, and 
 other similar conveniences for public accommodation, (s. 47.) 
 
 49. Every Local Authority shall provide that all drains, water- 
 closets, earth-closets, privies, receptacles for refuse matter, and cess- 
 pools within their District are constructed and kept so as not to be a 
 nuisance or injurious to health, and may make by-laws for regulating 
 the size and mode of construction of all such water-closets, earth- 
 closets, privies, receptacles for refuse matter, and cesspools, (s. 48.) 
 
 50. Every person who wilfully damages any water-closet, earth- 
 closet, privy, or receptacle for refuse matter shall be liable to a penalty 
 not exceeding twenty-four dollars, and, in addition, shall be ordered 
 by the Magistrate t > pay to the person aggrieved the cost of repairing 
 such damage, the amount whereof shall be ascertained and deter- 
 mined by the Magistrate and may be recovered in the same way as the 
 penalty, (s, 49.) 
 
 51. — (1.) On the written application of any person to a Local 
 Authority stating that any drain, water-closet, earth-closet, privy, 
 receptacle for refuse matter, or cesspool on or ])elonging to any premises 
 within their District is a nuisance or injurious to health, the Local 
 Authoi'ity may, l)y writing, empower any of their ofticers, after twenty- 
 four houi's' written notice to the occupier of such premises, or, in case 
 of emergency, without notice, to enter such premises, with or without 
 assistants, and, if necessary, cause the ground to be opened and examine 
 such drain, water-closet, earth-closet, privy, receptacle for refuse matter 
 or cesspool. 
 
 (2.) If the drain, water-closet, earth-closet, privy, receptacle for 
 refuse matter, or cesspool on examination is found to be in proper 
 condition, the Local Authority shall cause any damage done to be 
 made good, and, when the ground has been opened, shall cause it to be
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 closed as soon as can be ; and the expenses of the works shall be 
 defrayed by the Local Authority. 
 
 (3.) If the drain, water-closet, earth-closet, privy, receptacle for 
 refuse matter, or cesspool on examination appears to be in V)acl t-on- 
 dition or to require alteration or uiiieiidnient, the Local Authority shall 
 •forthwith cause notice in writing to be given to the owner or occupier 
 of the premises requiring him, forthwith or within a reasonable time 
 therein specified, to do the necessary work. 
 
 (4.) If such notice is not complied with, the person to whom it is 
 given shall be liable to a penalty not exceeding three dollars for every 
 day during which he continues to make default ; and the Local Autho- 
 rity may, if they think fit, execute such works, and may recover in a 
 summary manner from the owner the expenses incurred by them in 
 so doing or may, by order, declare the same to be private improve- 
 ment expenses, (s. .50.) 
 
 579 
 
 Scavenging and Cleansmg. 
 
 52. — (1.) Every Local Authority may, and when requii-ed by the 
 Central Board, shall, themselves undertake or contract for — ■ 
 
 (a.) The removal of house refuse from premises ; and 
 (b.) The cleansing of earth closets, privies, receptacles for refuse 
 matter, and cesspools, 
 
 either for the whole or any part of their District. 
 
 (2.) Every Town Authority, and any Village or Country Autho- 
 rity invested by the Central Board with the requisite powers, may, 
 and, when required by the said Board, shall, themselves undertake or 
 contract for the proper cleansing of streets, and may also themselves 
 undertake or contract for the proper watering of streets for the whole 
 or any part of their District. 
 
 (3.) All matters collected by the Local Authority or contractor in 
 pursuance of this section may be sold or otherwise disposed of, and 
 any profits thus made by a Town or Village Authority shall be carried 
 to the account of the fund or rate applicable by them for the general 
 purposes of this Ordinance, and any profits thus made by any Country 
 Authority iii respect of any contributory place shall be carried to the 
 account of the fund or rate out of which expenses incurred under this 
 section by that Authority in such contributory place are defrayed. 
 
 (4.) Every person who removes or obstructs the Local Authority 
 or contractor in removing any matters by this section authorized to be 
 removed by the Local Authority shall for each offence be liable to a 
 penalty not exceeding twenty-four dollars : Provided thai the occupier 
 of a house within the District shall not be liable to such penalty in 
 respect of any such matters which are produced on his own premises 
 and are intended to be removed for sale or for his own use, and are in 
 the meantime kept so as not to be a nuisance, (s. 51.) 
 
 53. If a Local Authority who have themselves undertaken or con- 
 tracted for the removal of house refuse from premises, or the cleansing 
 of earth-closets, privies, receptacles for refuse matter, and cesspools fail, 
 without reasonable excuse (after notice in writing from the occupier 
 of any house within their District requiring them to remove any house 
 refuse or to cleanse any earth-closets, privies, receptacles for refuse 
 matter or cesspools belonging to such house or used by the occupiers 
 
 Power to Local 
 Authority to 
 provide for 
 removal of 
 refuse and 
 cleansing of 
 streets, etc 
 
 Penalt}' for 
 neglect of 
 Local Autho- 
 rity to remove 
 refuse, etc.
 
 580 
 
 No. 3.] THE LAWS OF BRITISH GUIANA: [A.D. 1878. 
 
 thereof) to cause the same to be removed or cleansed, as the case may 
 be, within seven days, the Local Authority shall be liable to pay to the 
 occupier of such house a penalty not exceeding two dollars for every 
 day during which such default continues aftei- the expiration of the 
 said period, (s. 52.) 
 
 Power to 
 Local Autho 
 rity to make 
 by-laws im- 
 posing duty 
 cleansing 
 footway, etc. 
 on occupier. 
 
 of 
 
 Provision of 
 receptacles for 
 deposit of 
 nibbish. 
 
 WTiitewash- 
 ing, etc., of 
 house on 
 certificate of 
 licensed 
 medical 
 practitioner. 
 
 Penalt}' in 
 respect of 
 certain 
 nuisances on 
 premises. 
 
 54. — (1.) Where the Local Authority do not themselves undertake 
 or contract for — 
 
 («.) The cleansing of footways and pavements adjoining any 
 
 premises ; 
 (6.) The removal of house refuse from any premises ; and 
 (c.) The cleansing of earth-closets, privies, ashpits, and cesspools 
 
 belonging to any premises, 
 
 they may make by-laws imposing the duty of such cleansing or re- 
 moval, at such intervals and in such manner as they may think fit, on 
 the ovner or occupier of any such premises. 
 
 (2.) Every Local Authority may also make by-laws for the pre- 
 vention of nuisances arising from filth, dust, rubbish, or refuse matter, 
 and for the prevention of the keeping of animals on any premises so 
 as to be injurious to health. (26 of 1903, s. 6.) 
 
 55. Any Local Authority may, if they see fit, provide, in proper 
 and convenient situations, receptacles for the temporary deposit and 
 collection of dust, rubbish, and refuse matter ; and they may also 
 provide fit buildings and places for the deposit of any matters collected 
 by them in pursuance of this Part. (s. 54.) 
 
 56. — (1.) Where, on the certificate of any licensed medical practi- 
 tioner, it appears to any Local Authority that any house or part 
 thereof is in such a filthy or unwholesome condition that the health 
 of any person is affected or endangered thereby, or that the white- 
 washing, cleansing, or pui-ifying of any house or part thereof would 
 tend to prevent or check infectious disease, the Local Authority shall 
 give notice in writing to the owner or occupier of such house or part 
 thereof to whitewash, cleanse, or purify the same, as the case may 
 require. 
 
 (2.) If the person to whom notice is so given fails to comply there- 
 with within the time therein specified, he shall be liable to a penalty 
 not exceeding three dollars for every day during which he continues 
 to make default ; and the Local Authority may, if they think fit, cause 
 sucli house or part thereof to be whitev/ashed, cleansed, or purified, 
 and may recover in a summary mann(u- the expenses incurred by them 
 in so doing from the person in default, (s. 55.) 
 
 57. — (1.) Every person who in any Town District keeps any swine; 
 or in any Sanitary District — 
 
 (a.) Keeps any swine or pigstye in an}- dwelUng-house or so as 
 
 to be a nuisance to any person ; or 
 {!).) Sullers any waste or stagnant water to remain in any place 
 
 \\ itliin any (IwelHng-house for twenty-four hours after written 
 
 notice to him from the Local Authority to remove the same ; 
 
 or 
 (c.) Allows the contents of any water-closet, privy, or cesspool 
 
 to overflow,
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 581 
 
 Provision for 
 
 obtaining 
 
 order for 
 
 cleansing 
 
 offensive 
 
 watercourse 
 
 etc., lying 
 
 near to or 
 
 forming 
 
 boundary of 
 
 Districts. 
 
 shall for every such offence lie liable to a penalty not exceeding ten 
 dollars, and to a further penalty not exceeding two dollars for every 
 day during which the oil'ence is continued. 
 
 (ll.) The Local Authority shall al)ate, or cause to he ahatofl, every 
 such nuisance, and may recover in a summary manner the expenses 
 incurred by them \\\ so doing from the occupier of the premises on 
 which the nuisance exists, (s. .50.) 
 
 Offensive Drainfi, Trenchet^, and CoUectiuns of Matter. 
 
 58. — (1.) Where any watercourse, main drain, or drain near to or 
 forming the boundary of the District of any Local Authority is foul 
 and offensive so as injuriously to affect the District of such Local Au- 
 thority, any Magistrate may, on the application of such Local Authority, 
 summon the person having the charge of such watercourse, main drain, 
 or drain to appear before a Magistrate to show cause why an order 
 should not be made by such Magistrate for cleansing such watercourse, 
 main drain, or drain, and for executing such permanent or other 
 structural works as may appear to such INlagistrate to be necessary. 
 
 (2.) Such Magistrate, after hearing the parties, or ex parte in 
 case of the default of any of them to appear, may make such order 
 with reference to the execution of the works, and the persons by whom 
 the sanif^ shall be executed, and by whom and in what proportions the 
 costs of such works shall be paid, and also as to the amount thereof 
 and the time and mode of payment, as to him may seem reasonable : 
 Provided that the Magistrate shall not order the execution of any works 
 of which the probable cost exceeds two hundred and forty dollars (s. 57.) 
 
 59. — (1.) Where in any Town or Village District it appears to an Removal of 
 
 officer of the Local Authority that any accumulation of manure, dung, filtli on 
 
 soil, or filth, or other offensive or noxious matter, ought to be removed, "ffil^T.^^^J^ " 
 ,,,,.'. Ill 1 oincer or 
 
 he shall give notice to the pei^son to whom the same belongs, or to the Local 
 
 occupier of the premises whereon it exists, to remove the same. Authority. 
 
 (2.) If such notice is not complied with within twenty-four hours 
 from the service thereof, the manure, dung, soil, or filth, or matter 
 referred to shall be vested in and be sold or disposed of by the Local 
 Authority ; and the proceeds thereof shall be applied in payment of the 
 expenses incurred by them in the execution of this section, and the 
 surplus, if any, shall be paid, on demand, to the owner of the matter 
 removed. 
 
 (3.) The expenses of removal by the Local Authority of any such 
 accumulation, if and so far as they are not covered by the sale thereof, 
 may be recovered by the Local Authority in a summary manner from 
 the person to whom the accumulation belongs, or from the occupier of 
 the premises, or, where there is no occupier, from the owner, (s. 58.) 
 
 60. — (1.) Notice may be given by any Town or Village Authority Periodical 
 (by public announcement in the District or otherwise) for the periodical removal of 
 removal of manure or other refuse matter from mews, stables, or other mews and 
 premises. other premises. 
 
 (2.) Where any such notice has been given, any person to whom 
 the manure or other refuse matter belongs who fails so to remove the 
 same, or permits a further accumulation and does not continue such 
 periodical removal at such intervals as the I.ocal Authority direct, shall 
 be liable without further notice to a penalty not exceeding five dollars
 
 582 
 
 No. 3.] THE LA W8 OF BRITISH GUIANA : [A.D. 1878. 
 
 for each day during which such manure or other refuse matter is 
 permitted to acccumulate. (s. 59.) 
 
 Interpretation 
 of term " com- 
 mon lodging- 
 house. ' ' 
 
 Keeping of 
 register of 
 common 
 lodging- 
 houses. 
 
 Obligation of 
 registration. 
 
 Conditions of 
 registration. 
 
 Affixing 
 notice of 
 registration. 
 
 Common Lodginy-liouses. 
 
 6 1 . For the purposes of this Ordinance, the expression " common 
 lodging-house " means any house, not being a Kcensed hotel or tavern, 
 in which two or more persons not members of the same family are 
 admitted, for a payment of money, to occupy, by the day or night or 
 for any less period than one month, any part of such house, and 
 includes, in any case in which only part of a house is used as a common 
 lodging-house, the part of such house so used. 
 
 62. — (1.) Every Local Authority shall keep a register in which shall 
 be entered the names and residences of the keepers of all common 
 lodging-houses within the District of such Authoi^ity, and the situation 
 of every such house, and the number of lodgers authorized under this 
 Ordinance by such Authority to be received therein. 
 
 (2.) A copy of any entry in such register, certified by an officer of 
 the Local Authority to be a true copy, shall he received in all Courts 
 and on all occasions as evidence, and shall be sufficient proof of the 
 matter registered, without production of the register or of any document 
 or thing on which the entry is founded. 
 
 (3.) A certified copy of any such entry shall be supplied gratis by 
 the Local Authority to any person applying at a reasonable time for 
 the same. 
 
 63. A person shall not keep a common lodging-house, or receive a 
 lodger therein, unless the house is registered in accordance with the 
 provisions of this Ordinance, nor unless his name as the keeper thereof 
 is entered in the register kept under this Ordinance : Provided that, 
 when the person so registered dies, his widow or any member of his 
 family may keep the house as a common lodging-house for not more 
 than four weeks after his death without being registered as the keeper 
 thereof. 
 
 64. A house shall not be registered as a common lodging-house until 
 it has been inspected and approved for the purpose by some officer of 
 the Local Authority ; and the Local Authority may refuse to register 
 as the keeper of a common lodging-house a person who does not produce 
 to the Local Authority a certificate of character, in such form as the 
 Local Authority may direct, signed by thi'ee inhabitant householders of 
 the District respectively rated for property of the value of one thousand 
 dollars. 
 
 65. — (1.) The keeper of every common lodging-house, shall, if 
 required in writing by the Local Authority to do so, affix and keep 
 undefaced and legible a notice with tlie words " Registered Common 
 Lodging-house " in some conspicuous place on the outside of such 
 house. 
 
 (2.) The keeper of any such house wlio, after requisition in writing 
 from the Local Authority, refuses or neglects to affix or renew such 
 notice shall be liable to a penalty not exceeding twenty-four dollars, 
 and to a further penalty of three dollars for every day that such refusal 
 or neglect continues after conviction.
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 583 
 
 Making of 
 by-laws. 
 
 66. Every Local Authority shall from time to time make V^y-laws — 
 
 (1.) For fixing, and from time to time varying, the number of per- 
 sons who n)ay be received as lodgers into a common lodging-house, 
 and for the separation of the sexes therein ; 
 
 (2.) For promoting cleanliness and ventilation in such houses ; 
 
 (3.) For the giving of notices and the taking of precautions in the 
 case of any infectious disease ; and 
 
 (4.) Generally for the well ordering of such houses. 
 
 67. — (!•) Where it appears to any Local Authority that a common Power to 
 lodging-house is without a proper supply of water for the use of the T^^^fi ■^"*"?- 
 lodgers, and that such a supply can be furnished thereto at a reason- supply of 
 able rate, the Local Authority may, hy notice in writing, require the water. 
 owner or keeper of such house, within a time specified therein, to obtain 
 such supply and to do all works necessary for that purpose. 
 
 (2.) If the notice is not complied with accinxlingly, the Local 
 Authority may remove such house from the register until it is complied 
 with. 
 
 68. The keeper of a common lodging-house shall, to the satisfaction Limewashing 
 of the Local Authority, limewash the walls and ceilings thereof in the house, 
 first week of each of the months of April and October in eveiy year, 
 
 and shall, if he fails to do so, be liable to a penalty not exceeding ten 
 dollars. 
 
 69. The keeper of a common lodging-house in which beggars or Power to order 
 vagrants are received to lodge shall from time to time, if required in j'eport from 
 writing by the Local Authority to do so, report to the Local Autho- hcnls" receiv- 
 rity, or to such person as the Local Authority may direct, every ing vagrants, 
 person who has resorted to such house during the preceding day or 
 
 night ; and for that purpose schedules shall be furnished by the Local 
 Authority to any person so ordered to report, which schedules he 
 shall fill up with the information required and transmit to the Local 
 Authority. 
 
 70. The keeper of a common lodging-house shall, when a person in Giving notice 
 such house is ill of any infectious disease, give immediate notice thereof ?,! "i^^ctious 
 to some officer of the Local Authority. 
 
 71. — (1.) The keeper of a common lodging-house, and every other Right of 
 person having or acting in the care or management thereof, shall, at inspection, 
 all times when required by any officer of the Local Authority, give him 
 free access to such house or any part thereof. 
 
 (2.) Any such keeper or person who refuses such access shall be 
 liable to a penalty not exceeding twenty-four dollars. 
 
 72. Any keeper of a common lodging-house who — Offences bv 
 
 (1.) Receives any lodger in such house without the same being ''^P^^- 
 
 registered under this Ordinance ; or 
 (2.) Fails to make a report, after he has been furnished b}'^ the Local 
 
 Authority with schedules for the purpose in pursuance of this 
 
 Ordinance, of the persons resorting to such house ; or 
 (3.) Fails to give the notices required by this Ordinance where any 
 
 person has been confined to his bed in such house by any infectious 
 
 disease, 
 
 shall be liable to a penalty not exceeding twenty-four dollars, and, in
 
 584 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 the case of a. continuing offence, to a further penalty, not exceeding ten 
 dollars, for every day during which the offence continues. 
 
 Effect of 
 conviction of 
 keeper for 
 third offence. 
 
 Onus of proof 
 as to family in 
 proceedings. 
 
 73. Where the keeper of a common lodging-house is convicted of a 
 third offence against any of the provisions of this Ordinance relating 
 to common lodging-houses, the Magistrate before whom the conviction 
 for such third offence takes place may, if he thinks fit, adjudge that 
 the person so convicted shall not, at any time within three years after 
 the conviction or within such shorter period after the conviction as the 
 Magistrate may think fit, keep a common lodging-house without the 
 previous licence in writing of the Local Authority, which licence the 
 Local Authority may withhold or grant on such terms and conditions 
 as they may think fit. 
 
 74. In any proceeding under the provisions of this Ordinance 
 relating to common lodging-houses, if the inmates of any house or part 
 of a house allege that they are members of the same family, the burden 
 of proving such allegation shall lie on the persons making it. 
 
 Making of 
 by-laws as to 
 houses let in 
 
 rooms. 
 
 Evidence as 
 to fainilj- in 
 proceedings. 
 
 Houses Let in Rooms. 
 
 75. — (1.) Any Local Authority may make by-laws for the following 
 matters, that is to say, — 
 
 (a,) For fixing, and from time to time varying, the number of 
 persons who may occupy each room in a house or part of a 
 house which is let in rooms or occupied by members of more 
 than one family ; 
 
 (6.) For the registration of houses so let or occupied; 
 
 (c. ) For the inspection of such houses ; 
 
 (d.) For enforcing drainage and the provision of privy accom- 
 modation for such houses, and for promoting cleanliness and 
 ventilation in such houses ; 
 
 (fi.) For the cleansing and limewashing at stated times of the 
 premises, and for the paving of the courts and court yards 
 thereof ; and 
 
 [/.) For the giving of notices and the taking of precautions in 
 case of any infectious disease. 
 
 (2.) This section shall not apply to common lodging-houses within 
 the provisions of this Ordinance relating to common lodging-houses. 
 
 76. In any proceeding under the provisions of this Ordinance re- 
 lating to houses let in rooms, if the inmates of any house or part of a 
 house allege that they are members of the same family, the burden of 
 proving such allegation shall lie on the persons making it. 
 
 Implied 
 condition 
 where house or 
 room is let. 
 
 LeUing of House, etc. 
 
 77. In any contract for the letting of any house or room for human 
 habitation, whether furnished or unfurnished, there shall be an implied 
 condition that the house or room is in all respects reasonably fit for 
 such hul)itation ; and, in the event of a breach of such condition, any 
 inmate of such house or room who sullers any loss by injury to health 
 or otherwise in consequence of such V)reach shall be entitled to recover 
 damages from the person responsible for such breach.
 
 A.D. 1878.] PUBLIC HEALTH. [No. 3. 585 
 
 Nuisances. 
 
 78. ^ov the purposes of this Ordinance, — Explanation as 
 
 / 1 X A • • 1 . . j^ 1 • ... to nuisances. 
 
 (1.) Any premises m such a state as to be a nuisance or injurious to 
 
 health ; 
 
 (2.) Any pool, trench, drain, gutter, watercourse, privy, urinal, cess- 
 pool, drain, or receptacle for refuse matter so foul or in such a 
 state as to be a nuisance or injurious to health ; 
 
 (3.) Any animal so kept as to be a nuisance or injurious to health ; 
 
 (4.) Any accumulation or deposit which is a nuisance or injurious 
 to health ; 
 
 (5.) Any house or part of a house so overcrowded as to be dangerous 
 or injurious to the health of the inmates, whether or not members 
 of the same family ; 
 
 (6.) Any factory, workshop, or workplace not kept in a cleanly 
 state, or not ventilated in such a manner as to render harmless, 
 as far as practicable, any gases, vapours, dust, or other impurities 
 generated in the course of the work carried on therein that are 
 a nuisance or injurious to health, or so overcrowded while work 
 is carried on as to be dangerous or injurious to the health of those 
 employed therein ; 
 
 (7.) Any fireplace or furnace which does not, as far as practicable, 
 consume the smoke arising from the combustible used therein, 
 and which is used for working an engine by steam, or in any mill, 
 factory, dyehouse, brewery, bakehouse, or gas- work, or in any 
 manufacturing or trade process whatsoever ; and 
 
 (8.) Any chimney (not being the chimney of a sugar factory) sending 
 forth black smoke in such quantity as to be a nuisance, 
 
 shall be deemed to be nuisances liable to be dealt with summarily in 
 manner provided by this Ordinance : Provided — 
 
 First —That a penalty shall not be imposed on any person in respect 
 of any accumulation or deposit necessary for the effectual 
 carrying on of any business or manufacture, if it is proved, to 
 the satisfaction of the Magistrate, that the accumulation or 
 deposit has not been kept longer than is necessary for the 
 purposes of the business or manufacture, and that the best 
 available means have been taken for preventing injury thereby 
 to the public health ; and 
 
 Secondly — That where a person is summoned l^efore any Magistrate 
 in respect of a nuisance arising from a fireplace or furnace 
 which does not consume the smoke arising from the combustible 
 used in such fireplace or furnace, the Magistrate shall hold that 
 no nuisance is created within the meaning of this Ordinance 
 and dismiss the complaint, if he is satisfied that such fireplace 
 or furnace is constructed in such manner as to consume, as far 
 as px'acticable (having regard to the nature of the manufacture 
 or trade) all smoke arising therefrom, and that such fireplace 
 or furnace has been carefully attended to by the person having 
 the charge thereof. 
 
 79. It shall be the duty of every Local Authority to cause to be Duty of Local 
 
 made from time to time inspection of their District, with a view to Authority 
 
 ascertain what nuisances exist calling for abatement under the powers District for 
 VOL. I. 40
 
 586 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 detection of 
 nuisances. 
 
 Giving of 
 information of 
 nuisance to 
 Local 
 
 Authority. 
 
 Ser^^ce of 
 notice 
 requiring 
 abatement of 
 nuisance. 
 
 Making of 
 complaint on 
 non-com- 
 pliance with 
 notice. 
 
 Making of 
 order dealing 
 with nuisance. 
 
 Making of 
 order of 
 prohibition 
 
 of this Ordinance, and to enforce the provisions of this Ordinance in 
 order to abate the same. 
 
 80. Information of anj^ nuisance under this Ordinance in the 
 District of any Local Authority may be given to any such Local 
 Authority by any person aggrieved thereby, or by any two inhabitant 
 householders of such District, or by any officer of such Authority, or 
 Hy any constable or member of the Police Force. 
 
 81. On receipt of any information respecting the existence of a 
 nuisance, the Local Authority shall, if satisfied of the existence of a 
 nuisance, serve a notice on the person by whose act, default, or suffer- 
 ance the nuisance arises or continues, or, if such person cannot be 
 found, on the owner or occupier of the premises on which the nuisance 
 arises, requiring him to abate the same within a time to be specified 
 in the notice, and to execute such works and do such things as may be 
 necessary for that purpose : Provided — 
 
 First - That where the nuisance arises from the want or defective 
 construction of any structural convenience, or where there is no 
 occupier of the premises, notice under this section shall be served 
 on the owner ; and 
 
 Scj-n'lly — That where the person causing the nuisance cannot be 
 found, and it is clear that the nuisance does not arise or continue 
 by the act, default, or sufferance of the owner or occupier of the 
 premises, the Iiocal Authority may themselves abate the same 
 without further oixler. 
 
 82. If the person on whom a notice to abate a nuisance has been 
 served makes default in complying with any of the requirements thereof 
 within the time specified, or if the nuisance, although abated since the 
 service of the notice, is, in the opinion of the Local Authority, likely 
 to recur on the same premises, the Local Authority shall cause a com- 
 plaint relating to such nuisance to be made before a Magistrate, and 
 such Magistrate shall thereupon issue a summons requiring the person 
 on whom the notice was served to appear before a Magistrate. 
 
 83. — (1.) If the Magistrate is satisfied that the alleged nuisance 
 exists, or that, although abated, it is likely to recur on the same pre- 
 mises, the Magistrate shall make an order on such person requiring 
 him to comply with all or any of the requirements of the notice or 
 otherwise to abate the nuisance within a time specified in the order, 
 and to do any works necessary for that purpose ; or an order prohi- 
 biting the recurrence of the nuisance and directing the execution of 
 any works necessary to prevent the recurrence ; or an order both 
 requiring abatement and prohibiting the recurrence of the nuisance : 
 Provided that the Magistrate shall not under this section direct the 
 execution of any works of which the probable cost exceeds two 
 hundred and forty dollars. 
 
 (2.) The Magistrate may, by his order, impose a penalty not 
 exceeding twenty-four dollars on the j^erson on whom the oi'der is made, 
 and shall also give directions as to the payment of all costs incurred 
 uj) to the time f)f the hearing or making the order for a])atement or 
 pn)hibiti(m of the nuisance. 
 
 84. — (1.) Where the nuisance proved to exist is such as to render 
 a house or a liuilding, in the judgment of the Magistrate, unfit for
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 587 
 
 in case of 
 bouse unfit 
 for liuman 
 haljitation. 
 
 Penalty on 
 person con- 
 travening 
 order of 
 Magistrate. 
 
 human liabitation, the Magistrate may prohibit the using thereof for 
 that purpose until, in liis judgment, the house or building is rendered 
 fit for that purpose. 
 
 (2.) On a Magistrate l)eing satisfied that it has been rendered fit 
 for that purpose, any Magistrate may determine the previous order by 
 another declaring the house or building habitable ; and from the date 
 thereof such house or building may be let or inhabited. 
 
 85. — (1.) Every person who does not obey an order to comply with 
 the requisitions of the Local Authority or otherwise to abate the 
 nuisance shall, if he fails to satisfy the Magistrate that he has used all 
 due diligence to carry out such order, be liable to a penalty not 
 exceeding three dollars per diem during his default. 
 
 (2.) Every person who knowingly and willingly acts contrary to 
 an order of prohibition shall be liable to a penalty not exceeding six 
 dollars j)er diem during such contrary action. 
 
 (3.) The Local Authority may enter the premises to which any 
 order relates and abate the nuisance and do whatever may be necessary 
 in execution of such oi"der, and may recover in a summary manner 
 the expenses incurred by them from the person on whom the order 
 is made. 
 
 86. Where any person applies to the Supreme Court by way of Appeal against 
 appeal against any order of a Magistrate, no liability to a continuing °''''®^'- 
 penalty shall arise, nor shall any proceedings be taken or work be 
 
 done under such order after such application has been made until after 
 the determination of such application, unless such application ceases 
 to be prosecuted. 
 
 87. Whenever it appears, to the satisfaction of the Magistrate, that Execution of 
 the person by whose act or default the nuisance arises, or the owner order in cer- 
 or occupier of the premises is not known or cannot be found, then the Local 
 order of the Magistrate may be addressed to and executed by the Authority. 
 Local Authority. 
 
 88. Any matter or thing removed by the Local Authority in abating 
 any nuisance under this Ordinance may be sold by public auction ; 
 and the money arising fi'om the sale may be retained by the Local 
 Authority and applied in payment of the expenses incurred by them 
 with reference to such nuisance, and the surplus, if any, shall be paid, 
 on demand, to the owner of such matter or thing. 
 
 89. — (1.) The Local Authority, or any of their officers, shall be 
 admitted into any premises for the purpose of examining as to the 
 existence of any nuisance thereon at any time between the hours of 
 nine in the forenoon and six in the afternoon, or, in the case of a 
 nuisance arising in respect of any business, then at any hour when such 
 business is in progress or is usually carried on. 
 
 (2.) Where under this Ordinance a nuisance has been ascertained 
 to exist, or an order of abatement or prohibition has been made, the 
 Local Authority, or any of their officers, shall be admitted from time 
 to time into the premises between the hours aforesaid until the imisance 
 is abated or the works ordered to be done are completed, as the case 
 may be. 
 
 (3.) Where an order of abatement or prohibition has not been 
 complied with, or has been infringed, the Local Authority, or any of 
 
 VOL. I. 4:0a 
 
 Power to sell 
 matter 
 removed in 
 abatement of 
 nuisance. 
 
 Powers of 
 entry of Local 
 Authority.
 
 588 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878 
 
 their officers, shall be admitted from time to time at all reasonable 
 hours, or at all hours during which business is in progress or is usually 
 carried on, into the premises where the nuisance exists, in order to 
 abate the same. 
 
 (4.) If admission to premises for any of the purposes of this section 
 is refused, any Magistrate, on complaint therectf upoa oath by any 
 officer of the Local Authority (made after reasonable notice in writing 
 of the intention to make the same has been given to the person having 
 custody of the premises), may, by order under his hand, require the 
 person having custody of the premises to admit the Local Authority 
 or their officer into the premises during the hours aforesaid ; and, if no 
 person having custody of the premises can be found, the Magistrate 
 shall, upon oath made before him of that fact, by order under his hand, 
 authorize the Local Authority, or any of their officers, to enter such 
 premises during the hours aforesaid. 
 
 (5.) Any order made by a Magistrate for admission of the Local 
 Authority, or any of their officers, on premises shall continue in force 
 until the nuisance has been abated or the work for which the entry 
 was necessary has ])een done. 
 
 (6.) Every person who refuses to obey an order of a Magistrate 
 for admission of the Local Authority, or any of their officers, on 
 any premises shall be liable to a penalty not exceeding twenty-four 
 dollars. 
 
 Costs and 
 expenses of 
 execution of 
 provisions 
 relating to 
 nuisances. 
 
 90. — (1.) All reasonable costs and expenses incurred in giving 
 notice, or in making a complaint, or in obtaining any oixler of any 
 Magistrate in relation to a nuisance under this Ordinance, or in carry- 
 ing the same into effect, shall be deemed to be money paid for the use 
 and at the request of the person on whom the order is made, or, if 
 the order is made on the Local Authority, or if no order is made but 
 the nuisance is proved to have existed when the complaint was made 
 or the notice given, then of the person by whose act or default the 
 nuisance was caused ; and in case of nuisances caused by the act or 
 default of the owner of premises, such costs and expenses may be 
 recovered from any person who is for the time being owner of such 
 premises : Provided that such costs and expenses shall not exceed in 
 the whole one year's rack-rent of the premises. 
 
 (2.) Such costs and expenses incurred in relation to any such 
 nuisance may be recovered in any Court of civil justice of competent 
 jurisdiction ; and the Court shall have power to divide costs and 
 expenses between persons by whose acts or defaults a nuisance is 
 caused as to it may seem just. 
 
 (3.) Any costs and exj^enses recoverable under this section by a 
 Local Authority from any owner of premises may be recovered from 
 the occupier for the time l)eing of such premises ; and the owner shall 
 allow such occupier to deduct any moneys which he may pay under 
 this enactment out of the rent from time to time becoming due in 
 respect of the said premises as if the same had been actual!}^ paid to 
 such owner as part of such rent : Provided that no such occupier shall 
 be required to pay any further sum than the amount of rent for the 
 time being due from him, or which (aftin- demand of such costs or ex- 
 penses from such occupier and after notice not to pay his landlord any 
 rent without first deducting the amount of such costs or expenses) 
 ))ecomes payable by such occupier, unless he refuses, on application 
 made to him by the Local Authority, truly to disclose the amount of
 
 A.D. 1878.J 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 liis rent ;uid the name and address of tlie person to whom sucli rent is 
 payaWe ; but the burden of pi-oof that the sum demanded from any 
 such occupier is greater than the rent due by him at the time of such 
 notice, or wliich lias since accrued, shall lie on such occupier : Provideii, 
 also, that nothing in tliis section shall allect any contract between any 
 owner or occupier of any house, building, or other pKtperty whereby it 
 is or may be agreed that the occupier shall pay or discharge all rates, 
 dues, and sums of moiiey jiayable in respect of such house, building, or 
 other property, or affect any contract whatsoever l:»etween landlord and 
 tenant. 
 
 589 
 
 91. — (1.) Complaint may be made to a Magistrate of the existence Making of 
 
 of a nuisance under this Ordinance on any premises within tlie District coiniilaint by 
 e T 1 * i.1 -j^ 1 • 1 j_i 1 1 private person 
 
 ot any Liocal Authority by any person aggrieved thereby, or by any as to nuisance, 
 inhabitant of such District, or by any owner of premises within such 
 District ; and thereupon the like proceedings shall be had, with the 
 like incidents and consequences as to making of orders, penalties for 
 disobedience of orders, appeal, and otherwise, as in the case of a com- 
 plaint relating to a nuisance made to a Magistrate by the Local 
 Authority : Provided that the Magistrate may, if he thinks fit, adjourn 
 the hearing or further hearing of the summons for an examination of 
 the premises where the nuisance is alleged to exist, and may authorize 
 the entry into such premises of any constable or other person for the 
 purposes of such examination : Provided, also, that the Magistrate 
 may authorize any constable or other person to do all necessary acts 
 for executing an order made under this section, and to recover the 
 expenses from the person on whom the order is made in a summary 
 manner. 
 
 (2.) Any constable or other person authorized under this section 
 shall have the like powers and be subject to the like restrictions as if 
 he were an officer of the Local Authority authorized under the pro- 
 visions of this Ordinance relating to nuisances to enter any premises 
 and do any acts thereon. 
 
 92. Where it is proved, to the satisfaction of the Central Board, 
 that a Local Authority have made default in doing their dut}'^ in 
 relation to nuisances under this Ordinance, the Central Board may 
 authorize any member of the Police Force, or any person named by 
 them, to institute any proceeding which the defaulting authority might 
 institute with respect to such nuisances ; and such officer or person, or 
 the Central Boai'd, may recover in a summary manner or in any Court 
 of civil justice, any expenses incurred by him, and not paid by the 
 person proceeded against, from the defaulting Authority : Provided 
 that such member of the Police Force shall not be at liberty to enter 
 any house or part of a house used as the dwelling of any person 
 without such person's consent, or without the warrant of a Magistrate, 
 for the purpose of carrying into effect this enactment. 
 
 93. Any Local Authority may, if in their opinion summary pro- 
 ceedings would afford an inadequate remedy, cause any proceedings to 
 be taken against any person in the Supreme Court of British Guiana 
 to enforce the abatement or prohibition of any nuisance under this 
 Ordinance, or for the recovery of any penalties from, or for the punish- 
 ment of, any persons offending against the provisions of this Ordinance 
 relating to nuisances, and may order the expenses of and incident to 
 
 I'ower to the 
 Central Board 
 to authorize 
 jiroceeding in 
 certain cases 
 in respect of 
 nuisance. 
 
 Taking of 
 ])roceedings in 
 the Supreme 
 Court for 
 aVmtement of 
 nuisance.
 
 590 
 
 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1878. 
 
 all such proceedings to be paid out of the fund or rate applicable by 
 them to the general purposes of this Ordinance. 
 
 Special 
 remedy for 
 abatement of 
 nviisance. 
 
 94. — (1.) Where a nuisance exists or is likely to occur in or near 
 any Hanitary District, the Local Authority of such District may apply, 
 by motion in the Supreme Court of British Guiana in its civil jurisdic- 
 tion, for an order of the Court on the owner or occupier of the 
 premises on which such nuisance exists, or on the person offending, to 
 enforce the abatement or pi-ohibition of such nuisance. 
 
 (2.) The Court, on any such motion, if it is satisfied that a 
 nuisance exists or is likely to occur, may make such order as the 
 circumstances require for effectually abating or preventing the nuisance 
 or prohibiting any recurrence of a nuisance. 
 
 (3.) Ihe Court, on any such motion, may also order the execution, 
 within a I'easonable and specified time, of such works as may be neces- 
 sary to efi'ectually abate or prevent any such nuisance or prevent the 
 recurrence of any such nuisance, and may direct the owner or occupier 
 of the premises on which such nuisance exists or is likely to occur, or 
 the person offending, to execute such works or may authorize the Local 
 Authority to execute such works. 
 
 (4.) Where the Local Authority are authorized by the Court to 
 execute any works under the provisions of this section, the Local 
 Authority shall have full power to execute such works and immediately 
 to recover, by parate execution against the premises on which the 
 nuisance exists, or any portion of them, the costs of executing such 
 works and all charges and expenses incurred by the Local Authority 
 in so doing, or the Local Authority may declare such costs, charges, 
 and expenses to be private improvement expenses. 
 
 (5.) Where the cost of effectually abating or prohibiting any 
 nuisance is estimated by the Local Authority not to exceed the sum of 
 one thousand dollars, the powers of the Court under this section may 
 be exercised by any one of the Judges of the Court. 
 
 (6.) In vacation and during non-session of the Court, the powers 
 of the Court under this section may be exercised by any one of the 
 Judges of the Court, whatever the estimated cost may be, 
 
 (7.) Any Judge before whom any such motion is made may refer 
 the matter to the Court : Provided that, where any nuisance dangei'ous 
 to health exists, the Judge, before referring the matter to the Court, 
 shall make an order directing the execution of any works actually 
 necessary to abate the nuisance. 
 
 (8.) An appeal shall lie from any order by a single Judge under 
 this section to the Court : Provided that where a nuisance dangerous 
 to health is, in the opinion of the Judge, proved to exist, the Judge 
 may, in giving tlie order, direct that any works actually necessary to 
 abate the nuisance shall be executed, notwithstanding any appeal, and 
 thereupon such direction may be immediately enforced, notwithstanding 
 any appeal. 
 
 (9.) Where any person desires to appeal, notice of appeal and fifty 
 dollars for costs shall be lodged at an Otiice of the Registrar of British 
 Cuiana within seven days from the day on which the order is made by 
 the Judge, and, in default of so doing, the Court may dismiss the 
 appeal. 
 
 (10.) The Central Board shall have the powers conferred by this 
 section on the Local Authority.
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 .501 
 
 (11.) In this section, the terra "works" includes anything neces- 
 sary to be done either by way of construction, alteration, or destruc- 
 tion. 
 
 95. Where a nuisance under this Ordinance within the District of 
 a Local Authority appears to be wholly or partially caused by some 
 act or default eominitted or taking place without their District, the 
 Local Authority may take or cause to be taken against any person, in 
 respect of such act or default, any proceedings in relation to nuisances 
 by this Ordinance authorized, with the same incidents and consequences 
 as if such act or default were committed or took place wholly within 
 their District. 
 
 Proceedings 
 where cause of 
 nuisance arises 
 witliout 
 District. 
 
 Provision in 
 case of two 
 convictions for 
 overcrowding. 
 
 Application to 
 ships and 
 vessels of 
 provisions 
 relating to 
 nuisances. 
 
 96. Where two convictions against the provisions of any Ordinance 
 relating to the overcrowding of a house have taken place within a 
 period of three months (whether the persons convicted were or were 
 not the same) a Magistrate may, on the application of the Local 
 Authority of the District in which the house is situated, direct the 
 closing of the house for such period as the Magistrate may deem 
 necessary. 
 
 97. — "(1.) For the purposes of the provisions of this Ordinance 
 relating to nuisances, any ship or vessel lying in any river, harbour, or 
 other water within the District of a Local Authority shall be subject 
 to the jurisdiction of that Authority in the same manner as if it were 
 a house within such District ; and any ship or vessel lying in any 
 river, harbour, or other water not within the District of a Local 
 Authority shall be deemed to be within the District of such Local 
 Authority as may be prescribed by the Central Board, and, where no 
 Local Authority have been prescribed, then of the Local Authority 
 whose District nearest adjoins the place where such ship or vessel is 
 lying. 
 
 (2.) The master or other officer in charge of any such ship or 
 vessel shall be deemed, for the purpose of the said provisions, to be the 
 occupier of such ship or vessel. 
 
 (3.) This section shall not apply to any ship or vessel under the 
 command or charge of any officer bearing His Majesty's Commission, 
 or to any ship or vessel belonging to any Foreign Government. 
 
 98. The provisions of this Ordinance relating to nuisances shall be 
 deemed to be in addition to, and not to abridge or aifect, any right, 
 remedy, or proceeding under any other provisions of this Ordinance or 
 under any other Ordinance or law : Provided that no person shall be 
 punished for the same offence both under the provisions of this Oi'din- 
 ance relating to nuisances and under any other law or enactment. 
 
 99. Every Local Authority may, and, when required by the Central Making of hy- 
 Board, shall, make by-laws for regulating the keeping of animals, and toTeepinc'cl 
 such by-laws may authorize the destruction of swine which are not animals. 
 kept in accordance with such by-laws. 
 
 Saving of 
 other remedies 
 relating to 
 nuisances. 
 
 Offensive Trades. 
 
 100. Every person who, after the commencement of this Ordinance 
 establishes within the District of a Town or Village Authority, without 
 their consent in writing, any noxious or offensive trade, business, or 
 
 Restriction on 
 establishment 
 of offensive 
 trade.
 
 592 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1878. 
 
 Making of 
 by-laws as to 
 oflfensive 
 trades. 
 
 Dut}- of Town 
 or Village 
 Authority to 
 complain to 
 Magistrate of 
 nuisance 
 arising from 
 offensive 
 trade. 
 
 manufacture shall be liable to a penalty not exceeding two hundred 
 and forty dollars in respect of the establishment thereof ; and every 
 person who carries on a business so established shall be liable to a 
 penalty not exceeding ten dollars for every day on which the offence 
 is continued, whether there has or has not been any conviction in 
 respect of the establishment thereof. 
 
 101. Any Town or Village Authority may from time to time make 
 by-laws with respect to any offensive trades established with their 
 consent, either before or after the commencement of this Ordinance, in 
 order to prevent or diminish the noxious or injurious effects thereof. 
 
 1 02. — ( 1 . ) Where any slaughter-house, or any manufactory, building, 
 or place used for any trade, business, process, or manufacture causing 
 effluvia, is certified to any Town or Village Authority by their Medical 
 Officer of Health, or by any licensed medical practitioner, and by any 
 eight inhabitants of the District of such Town or Village Authority, 
 to be a nuisance or injurious to the health of any of the inhabitants of 
 the District, such Town or Village Authority shall direct complaint to 
 be made before a Magistrate, who may summon the person by or on 
 whose behalf the trade so complained of is carried on, to appear before 
 a Magistrate. 
 
 (2.) The Magistrate shall inquire into the complaint, and if it 
 appears to the Magistrate that the business carried on by the person 
 complained of is a nuisance or causes any effluvium which is a nuisance 
 or injurious to the health of any of the inhabitants of the District, and 
 unless it is shown that such person has used the best practicable means 
 ■£or abating such nuisance or preventing or counteracting such effluvium, 
 the person so offending (being the owner or occupier of the premises 
 or being a foreman or other person employed by such owner or occupier) 
 shall be liable to a penalty of not less than ten dollars and not 
 exceeding twenty-four dollars, and, on a second or any subsequent 
 conviction, to a penalty of double the amount of the penalty imposed 
 for the last preceding conviction ; but the highest amount of such 
 penalty shall not in any case exceed the sum of five hundred 
 dollars : Provided that the Magistrate may suspend his final determina- 
 tion on condition that the person complained of undertakes to adopt, 
 within a reasonable time, such means as the Magistrate may deem to 
 be practicable, and order to be carried into efiect, for abating such 
 nuisance or mitigating or preventing the injurious effects of such 
 effluvium. 
 
 (3.) Any Town or Village Authority may, if they think fit, on 
 such certificate as is mentioned in this section, cause to be taken any 
 proceedings in any Court of J ustice, or against any person in respect of 
 the matters alleged in such certificate. 
 
 Power to 
 proceed where 
 nuisance arises 
 from offensive 
 trade carried 
 on without 
 District. 
 
 103. Whei'e any house, building, manufactory, or place which is 
 ■ certified in pursuance of the last preceding section to be a nuisance 
 or injurious to the health of any of the inhabitants of the District of 
 a Town or Villagf; Authority is situated without such I)istnct, such 
 Town or Village Authority may take, or cause to be taken, any 
 proceedings by that section authorized in respect of the matters alleged 
 in the certificate, with the same incidents and consequences as if 
 the house, building, manufactory, or place were situated within such 
 District.
 
 A.D. 1878. 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 593 
 
 UnsoioiuL Meal, I'ic. 
 
 104. Any licensed medical practitioner, or any officer of any Local Power to 
 Authority, may, at all reasonal)le times inspect and examine any "Jc!^^'^ ' 
 
 animal, carcass, meat, poultry, game, flesh, fish, fruit, vegetaljles, corn, 
 bread, flour, or milk exposed for sale or deposited in any place for the 
 purpose of sale or of preparation for sale, and intended for the food of 
 man, the proof that the same was not exposed or deposited for any 
 such purpose, or was not intended for the food of man, resting with 
 the party charged ; and -if any such animal, carcass, meat, poultry, 
 game, flesh, fish, fruit, vegetables, corn, bread, flour, or milk appears 
 to such metlical practitioner or ofHcer to be unsound, unwholesome, or 
 unfit for the food of man, he may seize and carry away the same, 
 himself, or by an assistant, in order to have the same dealt with by a 
 Justice. 
 
 105, — (1.) If it appears to the Magistrate that any animal, carcass, Power to 
 meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, or Magistrate to 
 milk so seized is diseased, unsound, unwholesome, or unfit for the food ^j^j^ ^f 
 of man, he shall condemn the same and order it to be destroyed, or so unsound meat, 
 disposed of as to prevent it from being exposed for sale or used for the ^*''- 
 food of man ; and the person to whom the same belongs, or did belong 
 at the time of exposure for sale, or in whose possession, or on whose 
 premises the same was found, shall be liable to a penalty not exceeding 
 fifty dollars for every animal, carcass, or fish, or piece of meat, flesh, or 
 fish, or any poultry or game, or for the parcel of fruit, vegetables, 
 corn, bread, or flour, or for the milk, so condemned, or, at the discretion 
 of the Magistrate, without the infliction of a penalty, to imprisonment 
 for any term not exceeding three months. 
 
 (2.) The Magistrate who under this section is empowered to con- 
 vict the offender may be either the Magistrate who has ordered the 
 article to be disposed of or destroyed or any other Magistrate. 
 
 106. Every person who — 
 
 (1.) In any manner prevents any medical practitioner, or officer of 
 the Local Authority, from entering any premises and inspecting 
 any animal, carcass, meat, poultry, game, flesh, fish, fruit, vege- 
 tables, corn, bread, flour, or milk exposed or deposited for the 
 purpose of sale or of preparation for sale and intended for the food 
 of man ; or 
 
 (2.) Obstructs or impedes any such medical practitioner or officer, 
 or his assistant, when carrying into execution the provisions of this 
 Ordinance, 
 shall be liable to a penalty not exceeding twenty-four dollars. 
 
 107. — (I.) On complaint made upon oath by a medical practitioner 
 or by an officer of a Local Authority, any INIagistratc may grant a 
 warrant to any such officer to enter any building in which such medical 
 practitioner or officer has reason for believing that there is kept or 
 concealed any animal, carcass, meat, poultry, game, flesh, fish, fruit, 
 vegetables, corn, Ijread, flour or milk, which is intended for sale for the 
 food of man and is diseased, unsound, unwholesome, or unfit for the 
 food of man, and to search for, seize, and carry away any such animal 
 
 Penalty on 
 person 
 hindering 
 inspection 
 of meat, etc. 
 
 Granting of 
 search warrant 
 for inirjioses 
 of inspection.
 
 594 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1878. 
 
 or other article in order to have the same dealt with by a Magistrate 
 under the provisions of this Ordinance. 
 
 (2.) Every person who obstructs any such officer in the perform- 
 ance of his duty under such warrant shall, in addition to any other 
 punishment to which he may be subject, be liable to a penalty not 
 exceeding one hundred dollars. 
 
 Duty of Local 
 Authority 
 to cause 
 premises to be 
 cleansed and 
 disinfected 
 in case of 
 infection. 
 
 Destruction 
 of infected 
 bedding, etc. 
 
 Provision of 
 means of disin- 
 fection. 
 
 Provision of 
 conveyance 
 for infected 
 persons. 
 
 Removal of 
 infected per- 
 son without 
 proper lodging 
 to hospital by 
 order of 
 Magistrate. 
 
 Provisio7is against Ivfeclion. 
 
 108. — (1.) Where any Local Authority are of opinion, on the cer- 
 tificate of their Medical Ofiicer of Health or of any other licensed 
 medical practitioner, that the cleansing and disinfecting of any house 
 or part thereof, and of any articles therein likely to retain infection, 
 would tend to prevent or check infectious disease, it shall be the duty 
 of such i^uthority to give notice in writing to the owner or occupier 
 of such house or part thereof, requiring him to cleanse and disinfect 
 such house or part thereof and articles, within a time specified in such 
 notice. 
 
 (2.) If the person to whom notice is so given fails to comply 
 therewith, he shall be liable to a penalty of not less than three dollars 
 and not exceeding twenty-four dollars for every day during which he 
 continues to make default ; and the Local Authority shall cause such 
 house or part thereof and articles to be cleansed and disinfected, and 
 may recover the expenses incurred from the owner or occupier in 
 default in a summary manner. 
 
 (3.) Where the owner or occupier of any such house or part thereof 
 is, from poverty or otherwise, unable, in the opinion of the Local 
 Authority, effectually to carry out the requirements of this section, such 
 Authority may, without enforcing such requirements on such owner 
 or occupier, with his consent, cleanse and disinfect such house or part 
 thereof and articles, and defray the expenses thereof. 
 
 109. Any Local Authority may direct the destruction of any 
 bedding, clothing, or other articles which have been exposed to infec- 
 tion from any dangerous infectious disorder, and may give compensation 
 for the same. 
 
 110. Any Local Authority may provide a proper place, with all 
 necessary apparatus and attendance, for the disinfection of bedding, 
 clothing, or other articles which have become infected, and may cause 
 any articles brought for disinfection to be disinfected free of charge. 
 
 111. Any Local Authority may provide and maintain a carriage or 
 carriages suitable for the conveyance of persons suffering under any 
 infectious disorder, and may pay the expenses of conveying therein any 
 person so suffering to a hospital (jr other ])lace. 
 
 112. — (1.) Where any suitalile hospital or place for the reception of 
 the sick is provided within the District of a Local Authority, or within 
 a convenient distance of such District, to which the Local Authority 
 are entitled to remove patients, any person who is suffering from any 
 dangerous infectious disorder, and is without proper lodging or 
 accommodation, or lodged in a room occupied by more than one 
 family, or is on board any ship or vessel, may, on a certificate signed 
 by a licensed medical practiti(jner, be removed, by order of any 
 Magistrate, to such hospital or place at the cost of the Local
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 595 
 
 Authority ; and any person so suffering who is lodged in any common 
 lodging-house may, on a like certificate, be so removed by order of the 
 Local Authority. 
 
 (2.) An order under this section may be addressed to such con- 
 stable or officer of the Local Authority as the Magistrate or Local 
 Authority making the same may think expedient. 
 
 (3.) Every person who wilfully disobeys or obstructs the execu- 
 tion of any such order shall be liable to a penalty not exceeding fifty 
 dollars. 
 
 113. — (1.) Any Local Authority may make by-laws for regulating 
 the removal to any hospital to which such Authority are entitled to 
 remove patients, and for keeping in such hospital, so long as may be 
 necessary, any persons Ijrought within their District by any ship or 
 boat who are infected with a dangerous infectious disorder. 
 
 (2.) Such by-laws may impose on offenders against the same 
 reasonable penalties, not exceeding ten dollars for each offence. 
 
 114. Every person who — 
 
 (L) While suffering from any dangerous infectious disorder, wilfully 
 exposes himself, without proper precautions against spreading 
 the said disorder, in any street, public place, shop, inn, or pubhc 
 conveyance, or enters any public conveyance without previously 
 notifying to the owner, conductor, or driver thereof that he is so 
 suffering ; or 
 
 (2.) Being in charge of any person so suffering, so exposes such 
 sufferer ; or 
 
 (3.) Gives, lends, sells, transmits, or exposes, without previous 
 disinfection, any bedding, clothing, rags, or other things which 
 have been exposed to infection from any such disorder, 
 
 shall be liable to a penalty not exceeding twenty-four dollars ; and 
 any person who, while suffering from any such disoi'der, enters any 
 public conveyance without previously notifying to the owner or driver 
 thereof that he is so suffering shall, in addition, be ordered by the 
 Magistrate to pay to such owner and driver the amount of any loss 
 and expense they may incur in carrying into effect the provisions of 
 this Ordinance with respect to disinfection of the conveyance : Provided 
 that no proceedings under this section shall be taken against persons 
 transmitting, with proper precautions, any bedding, clothing, rags, or 
 other things for the purpose of having the same disinfected. 
 
 115. Every owner or driver of a public conveyance shall imme- 
 diately provide for the disinfection of such conveyance after it has to 
 his knowledge conveyed any j^erson suflering from a dangerous 
 infectious disorder ; and if he fails to do so, he shall be liable to a 
 penalty not exceeding twenty-four dollars ; but no such owner or 
 driver shall be required to convey any person so sufiering until he 
 has been paid a sum sufiicient to cover any loss or expense likely to 
 be incurred by him in carrying into effect the provisions of this 
 section, 
 
 116. — (1.) Every person who knowingly lets for hire any liouse, 
 room, or part of a house in which any person has been sufiering from 
 any dangerous infectious disorder, without having such house, room, 
 or part of a house, and all articles therein liable to retain infection, 
 
 Making of 
 l)y-law.s for 
 removal to 
 hospital of 
 infected per- 
 sons brought 
 b}- ship, etc. 
 
 Penalty on 
 exposure of 
 infected 
 persons 
 and things. 
 
 Penalty on 
 owner or 
 driver failing 
 to juovide for 
 disinfection 
 of public 
 conveyance. 
 
 Penalty on 
 letting houses 
 in which in- 
 fected persons 
 have been 
 lodging.
 
 596 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 disinfected to the satisfaction of a licensed medical practitioner (as 
 testified by a certificate signed by him), shall be liable to a penalty 
 not exceeding one hundred dollars. 
 
 (2.) For the purposes of this section, the keeper of an hotel, 
 tavern, or inn shall be deemed to let for hire part of a, house to any 
 person admitted as a guest into such hotel, tavern, or inn. 
 
 Penalty on 
 person letting 
 house making 
 false state- 
 ment as to 
 infectious 
 disease. 
 
 117. Any person letting for hire, or showing for the purpose of 
 letting for hire, any house, or part of a house, who, on being ques- 
 tioned by any person negotiating for the hire of such house, or part of 
 a house, as to the fact of there being, or within six weeks previously 
 having been, therein any person sufiering from any dangerous infec- 
 tious disorder, knowingly makes a false answer to such question shall 
 be liable, at the discretion of the Magistrate, to a penalty not exceeding 
 one hundred dollars or to unprisonment, with or without hard labour, 
 for any term not exceeding one month. 
 
 Making of 118.--(1.) The Central Board may from time to time make such 
 
 regulations for regulations as to the Board may seem fit with a view to the treatment 
 epidemic, ^^ persons affected with cholera, yellow fever, or any epidemic, endemic 
 
 endemic, and or infectious disease, and preventnig the spi-ead thereof, as well on the 
 di ses"^ seas, rivers, and waters of the Colony as on land, and may declare by 
 
 what authority or authorities such regulations shall be enforced and 
 
 executed. 
 
 (2.) Every person who wilfully refuses or neglects to obey or 
 
 carry out, or obstructs the execution of, any regulation made under 
 
 this section shall be liable to a penalty not exceeding two hundred and 
 
 forty dollars. 
 
 Hospitals. 
 Power to 119. --(I.) Every Local Authority may, and, when required by the 
 
 rity to provide Central Board, shall, provide for the use of the inhabitants of their 
 District District hospitals or temporary places for the reception of sick, and 
 
 hospitals. they for that purpose may, — 
 
 (a.) Themselves build such hospitals or places of reception ; or 
 (6.) Contract for the use of any such hospital or part of a 
 
 hospital or place of reception ; or 
 (c.) Enter into any agreement with any person having the 
 
 management of any hospital for the reception of the sick 
 
 inhabitants of their District, on payment of such annual or 
 
 other sum as may be agreed on. 
 
 (2.) Two or more Local Authorities may combine in providing a 
 common hospital. 
 
 120. Any expenses incurred by a Local Authority in maintaining 
 ill a hospital or in a temporary place for the reception of the sick 
 (whether or not belonging to such Authority) a patient who is not 
 a pauper shall be deemed to be a debt due from such patient to the 
 Local Authority, and may be recovered from liim at any time within 
 six months after his discharge from such hospital or place of reception, 
 or from his estate, in the event of his dying in such hospital or place. 
 
 121. Every Local Authority may, and, when required by the Central 
 Board, shall, provide and maintain dispensaries at which medicines 
 may be oVitained and medical ])rescriptions prf)perly compounded at 
 reasonable charges ; and the Local Authorities may make by-laws for 
 
 Recovery of 
 cost of main- 
 tenance of 
 [)atient in 
 hospital. 
 
 Power to 
 Local Autho- 
 rity to provide 
 and regulate 
 dispensaries.
 
 A.D. 1878.1 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 597 
 
 regulating such dispensaries, the issue of merlicines thereat, the persons 
 to whom luedioino shall be supplied, and the charges to be made. 
 
 PrevenHon of Epidnnic, Endemic, and Infectious Diseases. 
 
 122. Whenever any part of the Colony appears to Vje threatened 
 with, or is affected by, any epidemic, endemic, or infectious disease, the 
 Central B(jard may make regulations for all or any of the following 
 purposes, namely, — 
 
 (I.) For the speedy interment of the dead ; 
 
 (2.) For house to house visitation ; and 
 
 (3.) For the provision of medical aid and accommodation, for the 
 
 promotion of cleansing, ventilation, and disinfection, and for 
 
 guarding against the spread of disease ; 
 
 and may, by order, declare all or any of the regulations so made to be 
 in force within the whole or in any part or parts of the District of any 
 Locil Authority, and to apply to any vessels within the Colony or 
 within the territorial waters thereof for the period in such order 
 mentioned, and may, by any subsequent order, abridge or extend such 
 period. 
 
 123. — (1.) The Local Authority of any District within which or 
 part of which regulations so issued by the Central Board are declared 
 to be in force shall superintend and see to the execution thereof, and 
 shall appoint and pay such medical or other officers or persons, and 
 do and provide all such acts, matters, and things as may be necessary 
 for mitigating any such disease, or for superintending or aiding in the 
 execution of such regulations, or for executing the same, as the case 
 may require. 
 
 (2.) The Local Authority may from time to time direct any prose- 
 cution or legal proceedings for or in respect of the wilful violation or 
 neglect of any such regulations. 
 
 124. The Local Authority and their officers shall have power of 
 entry on any premises or vessel for the purpose of executing or super- 
 intending the execution of any regulations so issued by the Central 
 Board as aforesaid. 
 
 125. — (1.) Whenever J in compliance with any regulation so issued 
 by the Central Board as aforesaid, any licensed medical practitioner, 
 other than a Government Medical Officer acting under the Governor's 
 instructions, performs any medical service on board any vessel, he shall 
 be entitled to charge for any service rendered on board such vessel, 
 with extra remuneration on account of distance, at the same rate as 
 he is in the habit of receiving from private patients of the class of 
 those attended and treated on shipboard, such charges to be paid by 
 the captain of such vessel on behalf of the owners thereof, together 
 with any reasonable expenses for the treatment of the sick. 
 
 (2.) In case of dispute in respect of such charges, such dispute 
 may (where the charges do not exceed one hundred dollars) be deter- 
 mined by a Magistrate ; and such Magistrate shall determine sum- 
 marily the amount which is reasonable, according to the accustomed 
 rate of charge within the place where the dispute arises for attendance 
 on patients of the like class as those in respect of whom the charge is 
 made. 
 
 Making of 
 regulations for 
 prevention of 
 epidemic, en- 
 demic, and 
 infectious 
 diseases. 
 
 Dut\- of Local 
 Authority 
 to see to 
 execution of 
 regulations. 
 
 Power of 
 entrj' for 
 execution of 
 regulations. 
 
 Right of 
 licensed 
 medical 
 practitioner 
 to costs of 
 attendance on 
 board vessel.
 
 598 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 Power to 
 secure 
 combination 
 among Local 
 Authorities. 
 
 Penalty on 
 person 
 violating or 
 obstructing 
 execution of 
 regulations. 
 
 Providing by 
 Local 
 
 Authority of 
 mortuary. 
 
 Power in 
 certain cases 
 to order 
 removal of 
 dead body to 
 mortuary. 
 
 Providing by 
 Local 
 
 Authority of 
 place for 
 post-rnortem 
 examinations. 
 
 Power for 
 
 Local 
 Authority to 
 
 126. The Central Board may, if they think fit, by order, authorize 
 or require any two or more Local Authorities to act together for the 
 purposes of the provisions of this Ordinance relating to the prevention 
 of epidemic diseases, and may prescribe the mode of such joint action 
 and of defraying the costs thereof. 
 
 127. Every person who — 
 
 (1.) Wilfully violates any regulation so issued by the Central Board 
 
 as aforesaid ; or 
 (2.) Wilfully obstructs any person acting under the authority or in 
 
 the execution of any such regulation, 
 
 shall be liable to a penalty not exceeding twenty-four dollars. 
 
 Mortuaries, etc. 
 
 128. — (1.) Any Local Authority may, and, if required by the Cen- 
 tral Board, shall, provide and fit up a proper place for the reception of 
 dead bodies before interment (in this Ordinance called a mortuary) and 
 may make by-laws with respect to the management and charges for use 
 of the same. 
 
 (2.) They may also provide for the decent and economical inter- 
 ment, at charges to be fixed by such by-laws, of any dead body which 
 may be received into a mortuary. 
 
 129. — (1.) Where the body of any person who has died of any in- 
 fectious disease is retained in a room in which persons live or sleep, or 
 any dead body which is in such a state as to endanger the health of 
 the inmates of the same house or room, is retained in such house or 
 room, any Magistrate may, on a certificate signed by a licensed medical 
 practitioner, order the body to be removed at the cost of the Local 
 Authority, to any mortuary provided by such Authority, and direct 
 the same to be buried within a time to be limited in such order ; and, 
 unless the friends or relations of the deceased undertake to bury the 
 body wuthin the time so limited, and do bury the same, it shall be the 
 duty of the Local Authority to cause such body to be buried at their 
 expense ; but any expense so incurred may be recovered by the Local 
 Authority in a summary manner from any person legally liable to pay 
 the expense of such burial. 
 
 (2.) Every person who obstructs the execution of an order made 
 by a Magistrate under this section shall be liable to a penalty not 
 exceeding twenty-four dollars. 
 
 1 30. — (1. ) Any Local Authority may, and, if required by the Central 
 Board, shall, provide and maintain a proper place (elsewhere than at 
 a mortuary) for the reception of dead bodies during the time required 
 to conduct any post-mortem examination ordered by a Coroner or other 
 constituted authority, and may make regulations with respect to the 
 management of such place. 
 
 (2.) Where any such place has been provided, a Coroner or other 
 constituted authority may order the removal of the body to and from 
 sucli place for carrying out such post-mortem examination, and the costs 
 of such removal shall be paid by the Local Authority. 
 
 Cemeteries and Interments. 
 
 131. — (1.) It shall be lawful for the Local Authority of any 
 Village Sanitary District or any Country Sanitary District, with the
 
 A.D. 1878.] PUBLIC HEALTH. [No. 3. 599 
 
 approval of the Central Board of Health, to establi.sli a general establish 
 cemetery for such district, and for that purpose to acquire and liold ^^'"eteriea. 
 lands, and to borrow money under section 185 of tliis Ordinance. 
 
 (2.) The Local Authority, with the approval of the Central Board 
 of Health, may allot any part of such cemetery for the exclusive use of 
 any Church or religious denomination. 
 
 (3.) The Local Authority may make by-laws for all or any of the 
 matters following : — 
 
 (a.) for the management and control of any cemetery established 
 
 by it, and for preserving order therein ; 
 {h.) for regulating the size, deptli and position of graves ; 
 (c.) for regulating Vjurials in such cemetery ; and 
 [d.) for fixing the fees to be paid for graves and in respect of 
 burials in such cemetery. (18 of 1903, ss. 3-5.) 
 
 132. — (1.) It shall be lawful for the Central Board to make regula- Making of 
 tions for preventing the interment of any human corpse in an unsuit- legulations as 
 able place or in any place where, from the proximity of dwelling-houses ^^ human 
 or otherwise, danger might arise from such interment to the puljlic corpses, 
 health, and for limiting the time after death within which such inter- 
 ments shall take place. 
 
 (2.) Such regulations may apply to any part of the Colony therein 
 specified, and different regulations may apply to different parts of the 
 Colony. 
 
 (3.) Every person who offends against any such regulation shall 
 be liable to a penalty not exceeding one hundred dollars. (s. 60, 
 amd. 5 of 1901, s. 2.) 
 
 (4.) It shall be lawful for the Central Board to make regulations 
 with regard to any cemeteries or places used as burial grounds, 
 prescribing 
 
 (rt.) The manner in which they shall be laid out ; 
 
 {b.) The distances of graves from one another ; 
 
 (c.) The depth of graves ; 
 
 {d.) The number of bodies which may be buried in one grave ; 
 
 And generally, all such other matters as may be necessary for their 
 proper regulation. (20 of 1904, s. 4 (2). ) 
 
 PART III. 
 
 Local Government Provisions. 
 
 Regulatioit of Street^. 
 
 133. — (1.) The pavements, stones, and other materials of all streets Control of 
 within a Town or Village District shall vest in the Local Authority ; ^^''^ets. 
 and all such streets shall be under the control of the Local Authority. 
 (2.) The Local Authority shall from time to time cause all such 
 streets to be kept in proper order. 
 
 (3.) Every persf)n who, without the consent of the Town or Village 
 Authority, wilfully or unlawfully displaces or takes up or who injures 
 the pavements, stones, materials, fences, or posts of or the trees in any 
 such street, shall be liable to a penalty not exceeding twenty-four 
 dollars, and to a further penalty, not exceeding two dollars, for every 
 square foot of stones or other materials so displaced, taken up, or 
 injured ; and he shall be liable, in the case of any injury to trees, to 
 pay to the Local Authority such compensation as the Magistrate may 
 award, (s. 131.)
 
 600 
 
 Power to 
 widen streets. 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 134. — (1.) Any Town or Village Authority may, with the sanction 
 of the Governor-in-Council, purchase any premises for the purpose of 
 widening, opening, enlarging, or otherwise improving any street, or for 
 the purpose of making any new street. 
 
 (2.) The Governor-in-Council, in sanctioning any such purchase, 
 may direct how the expense of such purchase and completing the work 
 shall be borne ; and the expense shall be borne in the manner directed. 
 (s. 132.) 
 
 Regulation of Buildings. 
 
 Making of 135.— (1.) Every Local Authority, with respect to all buildings in 
 
 by-laws their Sanitary District, may make by-laws with respect to the following 
 
 3inSer matters, that is to say,- 
 
 (a.) The height to which the ground floor shall be raised above 
 
 the ground ; 
 (b.) The minimum height of each story, and the height from 
 
 the floor to the plate ; 
 (c.) The minimum size of each room to be used by any person 
 
 as a room to sleep in ; 
 {d.) The internal ventilation of each room ; 
 (e.) The sufiiciency of space about buildings to secure a free 
 
 ventilation of air ; 
 {/.) The line of buildings in any street; 
 {g.) The drainage of buildings to water-closets and cesspools in 
 
 connection with buildings ; and 
 (/;,) The closing of buildings or parts of buildings unfit for 
 
 human habitation, and the prohibition of their use for such 
 
 habitation. 
 
 (2.) They may further provide for the observation of such by-laws 
 by enacting therein such provisions as they may think necessary as to 
 the giving of notices and as to the deposit of plans by persons intend- 
 ing to construct buildings, as to inspection by the Local Authority, and 
 as to the power of such Authority to apply for an order requiring the 
 removal, alteration, or taking down of any work begun or done in 
 contravention of this Ordinance : Provided that the provisions of this 
 section shall not apply to buildings belonging to His Majesty or to the 
 Colony, (s. 133.) 
 
 Commence- 
 ment of works, 
 and removal 
 of works 
 made contrary 
 to by-laws. 
 
 Continuing 
 offence in 
 respect of 
 work. 
 
 136. Where a notice, plan, or description of any work is required 
 by any by-law made by any Local Authority, the Local Authority 
 shall, within fourteen days after the same has been delivered or sent to 
 them or their Clerk, signify in writing their approval or disapproval of 
 the intended work to the person who proposes to execute the same ; 
 and if the work is commenced after such notice of disapproval or before 
 the expiration of such period of fourteen days without such approval, 
 and is in any respect not in conformity with any by-law of the Local 
 Authority, the Local Authority may apply for an order on the person 
 causing such work to be executed to take down or alter the same. 
 (8. 134.) 
 
 137. — (1.) Where the beginning or execution of any work is an 
 offence in respect whereof the otfender is liable in respect of any by- 
 law to a penalty, the existence of the work in such a form or state as
 
 A.D. 1878. 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 60J 
 
 to be in contravention of the bv-law shall be deemed to be a continuing 
 offence. 
 
 (2.) Where any work is commenced or maintained in contravention 
 of any by-law, the Local Authority may, by petition, apply fc^r an 
 order to any Judgt^ of the Supreme Court (who is hereby authorized 
 to grant the same) requiring the person causing the work to be so 
 commenced or maintained to take down or alter the same, so as to 
 confoi-m to such by-law, and to pay all the expenses incurred thereby, 
 (s. 1 35 ) 
 
 138. — -(1.) Where any lot or share of any land in any Village or Sub-division 
 Country Sanitary District is separately rated, it shall not be lawful to ^^ ^ ^' 
 sub-divide any such lot or share, except with the sanction of the Central 
 Board. 
 
 (2.) Any su})-division hereafter made or attempted contrary to the 
 provisions of this section shall be null and void. (s. 136.) 
 
 Making of 
 by-laws for 
 regulating sale 
 of provisions. 
 
 Power to 
 establish and 
 regulate 
 markets. 
 
 Regulation of Trades. 
 
 139. Ever}' Local Authority may, and, when required by the Cen- 
 tral Board, shall, make by-laws for regulating the sale of provisions, 
 (s. 137.) 
 
 140. Any Local Authority may, with the consent of the Central 
 Board, do the following things, or any of them, within their District, 
 that is to say, — 
 
 (1.) Provide a market-place and construct a market-house and other 
 conveniences for the purpose of holding markets ; 
 
 (2.) Provide houses and places for weighing carts; 
 
 (3.) Make convenient approaches to such market ; 
 
 (4.) Provide all such matters and things as may be necessary for the 
 convenient use of such market ; 
 
 (5.) Purchase or take on lease, land and public or private rights in 
 markets and tolls, for any of the foregoing purposes ; and 
 
 (6.) Take stallages, rents, and tolls in respect of the use by any per- 
 son of such market, (s. 138.) 
 
 141. Any Local Authority may, if they think fit, provide slaughter- 
 houses ; and they shall make by-laws with respect to the manage- 
 ment and charges for the use of any slaughter-houses so provided, 
 (s. 139.) 
 
 142. The owner or occupier of any slaughter-house licensed or regis- 
 tered under this Ordinance shall, within one month after the licensing 
 or registration of the premises, affix, and shall keep undefaced and 
 legible, on some conspicuous place on the premises a notice with the 
 words "Licensed Slaughter-house" or "Registered Slaughter-house," 
 as the case may be. (s. 140.) 
 
 143. Every Town or Village Authority may, and, when required by 
 the Central Board, shall, erect and maintain baths and wash-houses, 
 and may make by-laws for the due regulation thereof, (s. 141.) 
 
 144^ — ( 1) Any Town or Village Authority may licence the proprie- Power to 
 tors, drivers, and conductors of horses, ponies, mules, or asses standing ^^^^^^^ '^'^^ 
 for hire within the District, in like manner and with the like incidents 
 
 Power to 
 establish and 
 regulate 
 slaughter- 
 houses. 
 
 Affixing of 
 notice of 
 licence to 
 slaughter- 
 house. 
 
 Power to pro- 
 vide and regu- 
 late baths and 
 washhouses. 
 
 VOL. I. 
 
 41
 
 602 No. 3.] THE LAWS OF BRITISH GUIANA: [A.D. 1878. 
 
 and consequences as in the case of proprietors and drivers of hackney 
 carriages ; and may make by-laws for regulating stands and fixing rates 
 of hire, and as to the qualification of such drivers and conductors, and 
 for securing their good and orderly conduct while in charge. 
 
 (2.) Any Town or Village Authority may also license the proprie- 
 tors of pleasure boats and vessels for hire, and the boatmen or other 
 persons in charge thereof ; and may make by-laws for regulating the 
 numbering of such boats and vessels, and the number of persons to be 
 carried therein, and the mooring places for the same, and for fixing 
 rates of hire and the qualification of such boatmen or other persons in 
 charge, and for securing their good orderly conduct while in charge. 
 (s. 142.) 
 
 General 
 powers of 
 contract of 
 Local 
 Authority. 
 
 Provisions as to 
 contracts by 
 Local 
 Authoritv. 
 
 PART IV. 
 
 General Provisions. 
 
 Contracts 
 
 45. Any Local Authority may enter into any contracts necessary 
 carrying this Ordinance into execution, (s. 143.) 
 
 145 
 
 for carrying, 
 
 146. With respect to contracts made by a Local Authority under 
 this Ordinance, the following regulations shall be observed, that is to 
 say,— 
 
 (I.) Every contract made by a Local Authority, whereof the value 
 or amount exceeds two hundred and forty dollars shall be in 
 writing ; 
 
 (2.) Every such conti'act shall specify the work, materials, matters, 
 or things to be furnished, had, or done, the price to be paid, and 
 the time or times within which the contract is to be performed, 
 and shall specify some pecuniary penalty to be paid in case the 
 terms of the contract are not duly performed ; 
 
 (3.) Before contracting for the execution of any works the probable 
 cost of which exceeds two hundred and forty dollars under the 
 provisions of this Ordinance, a Local Authority shall obtain from 
 some qualified person an estimate in wi'iting, as well of the prob- 
 able expense of executing the work in a substantial manner, as of 
 the annual expense of repairing the same ; also a report as to the 
 most advantageous mode of contracting, that is to say, whether 
 by contracting only for the execution of the work, or for executing 
 and also maintaining the same in repair during a term of years, or 
 otherwise ; 
 
 (4.) Before any contract of the value or amount of fi\'e hundred 
 dollars or upwards is entered into by a Local Authority, six days' 
 public notice at the least shall be given, expressing tlie nature 
 and purpose thereof, and inviting tenders for the execution of the 
 same, and such Authoiity may recjuire and take sufficient secui'ity 
 for the due performance of the same ; and 
 
 (5.) Every contract entered into by a Local Authority in conformity 
 with the provisions of this section, and duly executed by the 
 other parties thereto, shall be binding on the Authority by whom 
 the same is executed and their successors, and on all other parties 
 thereto, and their heirs, representatives, executors, administrators, 
 successors, or assigns, to all intents and pui'poses : Provided that
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 603 
 
 a Local Authority may conipouiul with any contractor or other 
 person in respect of any penalty incurred by reason of the non- 
 performance of any contract entered into as aforesaid, whether 
 sucli penalty is mentioned in any such contract or in any bond or 
 otherwise, for such sums of money or other recompense as to such 
 Authority may seem proper, (s. 144.) 
 
 Purchase of Lands. 
 
 147. Any Local Authority may, with the consent of the Governor- Power to 
 in-Council, for the purposes and subject to the provisions of this purchase 
 Ordinance, purchase or take on lease, sell or exchange, any lands, 
 whether situated within or without their District : and they may also 
 
 buy up any dam or watercourse which interferes with the proper drainage 
 of or the supply of water to their District, (s. 145.) 
 
 148. Any lands acquired by a Local Authority in pursuance of any Sale of surplus 
 powers in this Ordinance contained, and not required for the purpose l^i^ds. 
 
 for which they were acquired, shall (unless the Central Board other- 
 wise direct) be sold at the best price that can be gotten for the same ; 
 and the proceeds of such sale shall be applied towards the discharge, 
 by means of a sinking fund or otherwise, of any principal moneys 
 which have been borrowed by such Authority on the security of the 
 fund or rate applicable by them for the general purposes of this Ordin- 
 ance, or, if no such principal moneys are outstanding, shall be carried 
 to the account of such fund or rate. (s. 146.) 
 
 149. With i^espect to the purchase of lands by a Local Authority Regulations as 
 for the purposes of this Ordinance, the following regulations shall be [ands!''''^'^ ""^ 
 observed, that is to say, — 
 
 (1.) The provisions of the Companies' Clauses and Powers Consolida- 
 tion Ordinance, 1846, with respect to the taking of lands by agree- No. 1 of 1846. 
 ment ; with respect to the taking of lands otherwise than by 
 agreement ; with respect to the application of the purchase money 
 or compensation coming to parties having limited interests, etc. ; 
 witli respect to small portions of intersected lands ; with respect 
 to lands subject to mortgage ; and with respect to lands subject to 
 leases, shall be incorporated with this Ordinance. In construing 
 the said provisions of the said incorporated Ordinance, for the 
 purposes of this Ordinance, this Ordinance shall be deemed the 
 Special Ordinance, and the Local Authoi-ity shall be deemed to 
 be the promoters of the undertaking. All arbitrations required 
 under the said incorporated Ordinance shall be conducted in the 
 manner provided in this Ordinance, and all things authorized or 
 re(|uired to be done by two Justices of the Peace may be done by 
 a Magistrate ; 
 (2.) The Local Authority, before putting in force any of the 
 powers of the said incorporated Oi-dinance with respect to the 
 purchase and taking of lands, otherwise than by agreement, 
 shall— 
 
 {a.) Publish, once at least in each of three consecutive weeks, 
 in some local newspaper in the Colony, an advertisement 
 describing shortly the nature of the undertaking in respect of 
 which the lands are pi-oposed to be taken, naming a place 
 where a plan of the proposed undertaking may be seen at aU 
 
 VOL. I 41a
 
 604 
 
 No. 3.] THE LAWS OF liRITISIf (^UIAXA: [A.D. 1878 
 
 Power to let 
 anda. 
 
 reasonable hours, and stating the (iiiantitv of land they require ; 
 and shall further — 
 {h.) Serve a notice on every owner or reputed owner, lessee or 
 i-eputed lessee, and occupier of such lands, defining in each 
 case the particular lands intended to be taken, and requiring 
 an answer stating whether the person so served assents, dis- 
 sents, or is neuter in respect of the taking of such lands ; 
 
 (3.) On compliance with the provisions of this section with respect 
 to advertisements and notices, the Local Authority may, if they 
 think fit, present a petition to the Governor-in-Council. The 
 petition shall state the lands intended to be taken, and the pur- 
 poses for which they are required, and the names of the owners, 
 lessees, and occupiers of the lands who have assented, dissented, 
 or are neuter in respect of the taking of such lands, or who have 
 returned no answer to the notice ; and it sh ill pray that the Local 
 Authority may, with reference to such lands, be allowed to put in 
 force the powers of the said incorporated Ordinance wdth respect 
 to the purchase and taking of lands otherwise than by agreement ; 
 and such prayer shall be supported by such evidence as the 
 Governor-in-Council may require ; 
 
 (4.) On the receipt of such petition, the same shall be referred to the 
 Central Board ; and the Central Board, on due proof of the proper 
 advertisements having been published and notices served, shall 
 take such petition into consideration, and shall direct a local 
 inquiry as to the propriety of assenting to the prayer of such peti- 
 tion ; and 
 
 (5.) After the completion of such inquiry, the Central Board shall 
 report to the Governor-in-Council ; and the Governor-in-Council 
 may, if he sees fit to do so, empower the Local vVuthority to 
 put in force, with reference to the lands referred to in such order, 
 the powers of the said incorporated Ordinance with respect to the 
 purchase and taking of lands otherwise than by agreement, or of 
 any of them, and either absolutely or with such conditions and 
 modifications as the Governor-in-Council may direct ; and it shall 
 be the duty of the Local Authority to serve a copy of any order 
 so made in the manner and on the person or persons in which 
 and on whom notices in respect of such lands are required to be 
 served : 
 
 Provided that any notices or orders by this section required to be 
 served on a number of persons having any right in, over, or on lands, 
 in undivided shares may be served on any three or more of such per- 
 sons on behalf of all such persons (s. 147.) 
 
 150. Any Local Authority may, with the consent of the Central 
 Board, let for any term any lands which they may possess, as and when 
 they can conveniently spare the same. (s. 148.) 
 
 Mode of 
 reference to 
 (irbitratioii. 
 
 Arhiiration. 
 
 151. In case of dispute as to the amount of any compensation to 
 be made under the provisions of this Ordinance (except where the 
 mode of determining the same is specially provided for) and in case of 
 any matter which by this Ordinance is authorized or directed to be 
 settled Ity arbitration, then, unl<!ss both parties concur in the appoint-
 
 A.D. 1878.J 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 605 
 
 ineiit of a single arbitrator, each party shall appoint an arbitrator to 
 wlioiii the matter shall be referred, (s. 149.) 
 
 1 52. With respect to arbitrations under this Ordinance the following 
 regulations shall be observed, that is to say, — 
 
 (I.) Every appointment of an arbitrator under this Ordinance shall 
 
 ne in 
 
 writing 
 
 Regulations 
 as to 
 arhitrations. 
 
 (2.) Every such appointment shall be delivered to the arbitrators, 
 and shall be deemed a submission to arbitration by the parties 
 making the same ; 
 
 (3.) After the making of any such appointment, the same shall not 
 Ije revoked without the consent of both parties, nor shall the 
 death of either party operate as a revocation ; 
 
 (4 ) If, for the space of fourteen days after any matter by this Or- 
 dinance authorized or directed to be settled by arbitration has 
 arisen, and notice in writing by one party who has duly appointed 
 an arbitrator has been given to the other party stating the matter 
 to be referred and accompanied by a copy of such appointment, the 
 party to whom notice is given fails to appoint an arbitrator, the 
 arbitrator appointed by the party giving the notice shall be deemed 
 to be appointed by, and shall act on behalf of, both parties ; 
 
 (5.) If, before the determination of any matter so referred, any 
 arbitrator dies or refuses or becomes incapable to act, the party by 
 whom such arbitrator was appointed may appoint in writing an- 
 other person in his stead ; and if such party fails to do so for the 
 space of seven days after notice in writing from the other party 
 in that behalf, the remaining arbitrator may proceed ex jxirte ; and 
 every arbitrator so appointed shall have the same powers and 
 authorities as were vested in the arbitrator in wliose stead the 
 appointment is made ; 
 
 (6.) If a single arbitrator dies or becomes incapable to act before 
 the making of his award, or fails to make his award within twenty- 
 one days after his appointment, or within such extended time, if 
 any, as may have been duly appointed by him for that purpose, 
 the matters referred to him shall be again referred to arbitration 
 under the provisions of this Ordinance, as if no former reference 
 had been made ; 
 
 (7.) Where there are more arbitrators than one, the arbitrators 
 shall, before they enter on the reference, appoint, by writing 
 under their hands, an umpire ; and if the person appointed to be 
 umpire dies or becomes incapable to act, the arbitrators shall 
 forthwith appoint another person in his stead ; and if the arbi- 
 trators refuse or neglect to appoint an umpire for seven days 
 after being requested to do so by any party to the arbitration, the 
 Central Board shall, on the application of any such party, appoint 
 an umpire ; 
 
 (8.) If the arbitrators fail to make their award within twenty-one 
 days after the day on which the last of them was appointed, or 
 within such extended time, if any, as may have been duly ap- 
 pointed by them for that purpose, the matters referred sliall be 
 determined by the umpire ; 
 
 (9.) The time for making an award by arbitrators under this 
 Ordinance shall not in any case be extended beyond the ])eriod of 
 two months from the date of the submission ; and the time for 
 making an award by an umpire under this Ordinance shall not in
 
 606 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [ A.D. 1878. 
 
 Reference of 
 claim under 
 ^100 to 
 Magistrate. 
 
 any case be extended beyond the period of two months from the 
 date of the reference of the matters to him ; 
 (10.) Before any arbitrator or mnpire enters on a reference under 
 this Ordinance he shall make and subscribe the following declara- 
 tion before a Magistrate, that is to say, — • 
 
 " I, A. £., solemnly and sincerely declare that I will faithfully and 
 honestly, and to the best of my skill and ability, hear and determine 
 the matters referred to me under the Public Health Ordinance, 1878. 
 
 A.li."; 
 
 (11.) Such declaration shall be annexed to the award when made; 
 
 and any arbitrator or umpire who wilfully acts contrary to such 
 
 declaration shall be guilty of a misdemeanor ; 
 (12.) Any arbitrator, arbitrators, or umpire appointed by virtue of 
 
 this Ordinance may require the production of such documents in 
 
 the possession or power of either party as they or he may think 
 
 necessary for determining the matters referred, and may examine 
 
 the parties or their witnesses upon oath ; 
 (13.) The costs of and consecjuent upon the reference shall be in the 
 
 discretion of the arbitrator or arbitrators, or, in case the matters 
 
 referred are determined by an umpire, of the umpire. 
 (14.) Any submission to arbitration under the provisions of this 
 
 Ordinance may be made a rule of the supreme Court of British 
 
 Guiana in its civil jurisdiction, on the application of any party 
 
 thereto ; and 
 (15.) The award of an arbitrator or arbitrators, or of an umpire, 
 
 under this Ordinance shall be final and binding on all parties to 
 
 the reference, (s. 150.) 
 
 153. All questions referrible to arbitration under this Ordinance 
 may, when the amount in dispute is less than one hundred dollars, be 
 determined, at the option of either party, before a Magistrate ; but the 
 Magistrate may, if he thinks fit, require that any work in respect of 
 which the claim of the Local Authority is made, and the particulars 
 of the claim, shall be reported on to him by any qualified person not 
 being of the Local Authority ; and the Magistrate may determine the 
 amount of costs incurred in that behalf and by whom such costs or 
 any part of them shall be paid. (s. 151.) 
 
 By-Laws. 
 
 Authentica- 154. All by-laws made by a Local Authority under and for the 
 
 tion of purposes of this Ordinance shall be under the hand of one of the 
 
 by-Iaw.s. members of the Local Authority ; and all by-laws and regulations 
 
 made by the Central Board shall be under their seal. (s. 152.) 
 
 Power to im- 155. Any Local Authority, or the Central Board, may, by any by- 
 
 pose penalties laws made by them under this Ordinance, impose on otienders against 
 
 for breach of 
 by-laws. 
 
 the same such reasonable penalties as they think fit, not exceeding the 
 sum specified in this Ordinance, or, where no sum is specified, the sum 
 of twenty-four dollars for each oflence, and in the case of a continuing 
 offence, a further penalty, not exceeding ten dollars, for each day 
 after written notice of the ofi'ence from the Local Authority ; but 
 all such by-laws imposing any penalty shall Ix; so framed as to allow 
 of the recovery of any sum less than the full amount of the penalty. 
 (s. 153.)
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 6o; 
 
 156. No Ly-law made by a Local Authority, and no by-law or Confirmation 
 regulation made l)y the Central Board, under this Ordinance shall take <^^ "y-'*^^'**- 
 effect unless and until the same has been submitted to and confirmed by 
 
 the Governor and Court of Polic}', who may allow or disallow, or alter 
 the same as they may think proper, (s. 154.) 
 
 157. Where under this Ordinance any Local Authority or the Alteration 
 Central Board are authorized to make any by-laws or regulations for '*' 'bylaws, 
 any purpose herein specified, the Local Authority or the Central Board 
 
 may (when any such by-laws or regulations have been made) alter, add 
 to, or repeal any such by-laws or regulations for any such purpose ; but 
 no such alteration, addition or repeal shall take efiect until approved 
 of by the Governor and Court of Polic}'. (s. 155.) 
 
 158. Every by-law made by a Local Authority, and eveiy by-law 
 and regulation made by the Central Board, after the same is settled and 
 approved by the Governor and Court of Policy, shall be binding on all 
 persons concerned, and shall, until revoked or altered, have the same 
 effect in all respects and for all purposes as if such by-law or regulation 
 were an enactment contained in this Ordinance, (s. 156.) 
 
 159. The Local Authority shall, on the application of an3M"atepayer, 
 furnish him with a copy of any by-laws made or proposed by such 
 Local Authority, or of any part thereof, on payment of eight cents for 
 every hundred words contained in such copy. (s. 157.) 
 
 160. — (I ) All by-laws made by a Local Authority under this 
 Ordinance, or for purposes the same as or similar to those of this 
 Ordinance under any Local Ordinance, shall be printed and hung up in 
 the Oliice of such Authority ; and a copy thereof shall be delivered to 
 iu\\ ratepayer of the District to which sucli by-laws relate, on his 
 application for the same. 
 
 (2.) A copy of any b^'-laws made by a Local Authority shall be 
 open to the inspection of any ratepayer at all reasonable hours, (s. 158.) 
 
 161. — (1.) All by-laws and regulations made under this Ordinance, 
 when settled and approved l)y the Governor and Court of Policy, shall 
 be published in The Official Gazette. 
 
 (2.) The production of The Official Gazette containing a copy of 
 such l)y-laws or regulations shall be conclusive evidence thereof for all 
 purposes, and that the same are in force, unless the pei'son disputing 
 the validity thereof can prove that such by-laws or regulations have 
 been altered or I'epealed witli the approval of the Governor and Court 
 of Policy, (s. 159.) 
 
 Operation of 
 by-laws when 
 settled by the 
 (iovernor and 
 (_'o\irt of 
 Policy. 
 
 Sujiply of 
 copies of 
 bv-laws. 
 
 Notification 
 of bv-laws. 
 
 Publication 
 and jjroof of 
 by-laws. 
 
 Officers and Conduct of Business a/ Local Authorities. 
 
 162. Every Local Authority shall from time to time appoint such Appointment 
 fit and proper persons to be ofiicers and servants as may be necessary °^°.!^*^f'^^ 
 and proper for the efficient execution of this Ordinance : Provided that of Local 
 if any such Authority are empowered by any other Ordinance in force Authority, 
 within their District to appoint any such officei', this enactment may 
 be deemed to be satisfied by the employment under this Ordinance of 
 the officer so appointed, and no second appointment need be made 
 under this Ordinance (s. IGO.)
 
 608 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 Making of 
 regulations 
 for conduct 
 of officers. 
 
 Power to 
 remove officer 
 or servant. 
 
 Qualification 
 of Medical 
 Officer of 
 Health. 
 
 Appointment 
 of officer for 
 two or more 
 Districts. 
 
 Prohibition of 
 officer being 
 interested in 
 contract. 
 
 Giving of 
 security by 
 officer. 
 
 Duty of officer 
 to render 
 accounts. 
 
 Duty of officer 
 to pay over 
 monevs. 
 
 163. Every Local Authority may make regulations with respect to 
 the duties and conduct of the officers and servants so appointed or 
 employed, (s. 161.) 
 
 164. Every officer and servant ap2:)ointed by a Local Authority 
 under this Ordinance shall be removable by the Local Authority at 
 their pleasure, (s. 162.) 
 
 165. A person shall not be appointed Medical Officer of Health 
 unless he is a licensed medical practitioner, (s. 163.) 
 
 166. The same person may, with the sanction of the Central Board, 
 be appointed an officer for two or more Districts by the Local Authorities 
 of such Districts ; and the Central Board shall, by order, prescribe the 
 mode of such appointment and the proportions in which the expenses 
 of such appointment and the salary and charges of such officer shall be 
 borne by such Authorities, (s. 164 ) 
 
 167. — (1.) Officers or servants appointed or employed under this 
 Ordinance by the Local Authority shall not in any wise be concerned 
 or interested in any bai'gain or contract made with such Authority for 
 any of the purposes of this Ordinance. 
 
 (2.) If any such officer or servant is so concerned or interested or, 
 under colour of his office or employment, exacts or accepts any fee or 
 reward whatsoever other than his proper salary, wages, and allowances, 
 he shall be incapable of afterwards holding or continuing in any office 
 or employment under this Ordinance, and shall forfeit and pay the 
 sum of two hundred and forty dollars, which may be recovered by any 
 person, with full costs of suit, by action, (s. 165.) 
 
 168. Before any officer or servant of a Local Authority enters on 
 any office or employment under this Ordinance by reason whereof he 
 will or may be entrusted with the custody or control of money, the 
 Local Authority by whom he is appointed shall take from him sutHcient 
 security for the faithful execution of such office or employment, and for 
 duly accounting for all moneys which may be entrusted to him by 
 reason thereof, (s. 166.) 
 
 169. Every officer and servant appointed or employed under this 
 Ordinance by a Local Authority shall, when and in such manner as may 
 b(! required by such Authority, make out and deliver to them a true 
 and perfect account in writing of all moneys received by him for the 
 purposes of this Ordinance, 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 payments made by 
 him, and pay over to the person appointed ])y the Local Authority all 
 inoneys owing by him on the balance of accounts, (s. 167.) 
 
 1 70. Every such officer or servant employed in the collection of any 
 rale made under this Ordinance shall, within seven days after he has 
 received any moneys on account of any such rate, pay over the same 
 to the Treasurer or other officer appointed by the Local Authority ; and 
 shall (as and when the Local Authority may direct) deliver a list signed 
 ))y liim, and containing the names of all persons who have refused or 
 Jieglected to pay any such rate and the sums respectively due from 
 them. (s. 168.)
 
 A.D. 1878.] 
 
 I'm Lie HEALTH. 
 
 [No. 3. 
 
 609 
 
 this Ordinance by a Local Authority — 
 
 (a.) Fails to I'ender accounts or to produce and deliver up 
 
 171. — (1.) If any officer or servant appointed or employed under Summary 
 
 proceedings 
 aguiiiKt 
 • lefaulting 
 , , . , , officer. 
 
 vouchers and receipts or to pay over any moneys as and 
 when rcfjuired by this Ordinance ; or 
 (6.) Fails to deliver up to the Local Authority, within five days 
 after notice in that behalf from the Local Authority, all 
 books, papers, writings, property, and things in his possession 
 
 of this Ordinance or 
 
 or power relating to the execution 
 
 belonging to such Authority, 
 
 the Local Authority may complain to any Magistrate ; and such Magis- 
 trate shall thereupon summon the party charged to appear before a 
 Magistrate. 
 
 (2.) On the appearance of the party charged, or on proof that the 
 summons was personally served on him or left at his las^t known place 
 of abode or business, if it appears to the Magistrate that he has failed 
 to render any such accounts, or to pay over such moneys, or to produce 
 and deliver up any such vouchers or receipts, books, papers, writings, 
 property, or things as aforesaid in accordance with the provisions of 
 this Ordinance, and that he still fails or refuses to do so, the Magis- 
 trate may commit the offender to any Prison, there to remain without 
 bail until he has rendered such acctjunts, paid over such moneys, and 
 produced and delivered up all such vouchers, receipts, books, papers, 
 writings, property, and things in respect of which the charge was 
 made : Provided that a jierson shall not be imprisoned under this 
 section for a period exceeding six months. 
 
 (3.) No proceeding under this section shall be construed to deliver 
 or discharge any surety of the offender from any liability whatever, 
 (s. 169.) 
 
 PART V. 
 
 Ratixg and Borrowing Powers. 
 
 172. All expenses incurred or paya})le by a Town or Village Autho- Mode of 
 rity in the execution of this Ordinance, and not otherwise provided defraying 
 for, shall be defrayed out of the general rates and taxes levied by j^nJ'urred*^ hv 
 them ; and all expenses incurred by a Country Authority in the execu- Local 
 tion of this Ordinance, and not otherwise provided for, shall be defrayed Authority. 
 out of the rates levied in manner hereinafter provided, (s. 170.) 
 
 Ordinary Rate. 
 
 173. —(1.) The Country Authority of any Country District, other 
 than a plantation, may, for the purpose of defraying the expenses 
 incurred hj them in the execution of this Ordinance, levy a rate, not 
 exceeding at any one time one-twenti(!th of the value as ascertained in 
 the manner hereinafter provided, on all immovable property within 
 their District, other than property In^longing to the Crown or Colony or 
 other than any church, chapel, or school, or than the land occupied 
 therewith ; and such rate shall be levied on the ascertained value of 
 such property. 
 
 (2.) Such Authority may make and levy any such rate prospec- 
 tively, in order to raise money for the payment of future charges and 
 
 Levying of 
 rate on value 
 of immovable 
 ]>roi)erty by 
 ('ountry 
 Authority of 
 Country 
 District other 
 than 
 plantation.
 
 610 No. 3.] THE LA WS OF BRITISH GUIANA .■ [A.D. 1878. 
 
 expenses, or retrospectivel_y, in order to raise money for the payment 
 of charges and expenses incurred at any time within twelve months 
 before the making of the rate. 
 
 (3.) With respect to levying such rate the following regulations 
 shall be observed, that is to say, — 
 
 {a.) The Country Authority shall, if practicable, before the 
 thirtieth day of June next, and shall once in every third year 
 thereafter before the thirtieth day of June in such year, 
 prepare a statement showing all the property within their 
 District liable to the payment of the rate and the value of 
 such property as ascertained by such Authority ; and such 
 statement shall be kept at some place of which public notice 
 shall be given, and shall at all reasonable times be open for 
 the inspection of any person interested ; 
 
 (/;.) If any person interested feels aggrieved at the value as 
 ascertained by such Authority, he may appeal to the Central 
 Board, who shall have power to entertain such apj^eal and 
 decide thereon, and their decision shall be final ; and the 
 value as ascertained by the Central Board shall be deemed 
 the proper value thereof until the next period arrives for 
 ascertaining such value by the Country Authority ; 
 
 (c.) Where the Country Authority fail to prepare such state- 
 ment, the Central Board may at any time prepare the same ; 
 and the value as ascertained by the Central Board shall be 
 deemed the true value until the next period arrives for 
 ascertaining such value by the Country Authority ; and 
 
 {d.) The Country Authority, before enforcing the payment of 
 such rate, shall forward a statement to the Central Board of 
 the amount required to be raised by such rate and the mode . 
 in which it is proposed to exj^end the same ; and the Central 
 Board may approve of or diminish such rate or increase the 
 same to one-twentieth of the said value as aforesaid, as may 
 appear expedient to them ; and the rate as approved or fixed 
 by the Central Board shall be the rate to be levied by the 
 Country Authority. 
 
 (4 ) In any proceedings by a Country Authority for the recovery 
 of such rate, it shall not be necessary to allege or prove that the rate 
 has been approved or fixed by the Central Board, (s. 171.) 
 
 Levving of 174. — (1) The Country Authority of any Country District, other 
 
 uniform rate than a plantation, may impose a rate in labour assessed according to 
 
 on dwellings ^j appraised values, or according to the areas of the several lands, 
 by Country .i i <• i i • i t • 
 
 Authority of premises, or lots ot land in the district. 
 
 Country (2.) Such rate may be in addition to any other rate levied by such 
 
 District, other k .\ L 
 
 than Authority. . , , ^ 
 
 plantation. (3.) Such rate may take the form, either of a fixed number of 
 
 days' labour, or of a specific task and thi^ owners of the several lands, 
 premises or lots of land on wliich such rate is levied, shall be 
 responsi})l(! for the due performance of the prescribed number of days' 
 labour or foi' their proportionate parts of tlie specified task as the case 
 may be : 
 
 Provided always that the person responsible for such labour or 
 task may elect to pay the Country Authority the value of such labour 
 or task as fixed by the said Auihoi'ity.
 
 A.D. 1878.] PUBLIC HEALTH. [No. 3. 611 
 
 (4.) The Country Authority, before enforcing any labour rate, 
 shall forward a statement to the Central Board of the particulars of 
 such rate, and the Central Board may disallow or amend such rate, or 
 may substitute therefor a money rate, and the rate so amended or 
 substituted shall be the rate to be levied by the Country Authority. 
 
 (5.) The Central Board may substitute a labour rate for any 
 money i*ate proposed to be levied by a Country Authority, and such 
 rate shall be levied by the Country Authority. 
 
 (6.) Before any labour rate is enforced the particulars thereof, in 
 writing, specifjung the time within which the labour or task shall be 
 performed, shall be posted at some convenient place or places within 
 the district. 
 
 (7.) In case any labour imposed as in this section provided is not 
 begun or not completed to the satisfaction of and within the time 
 specified by the Country Authority it shall be lawful for the Country 
 Authority to complete the same by hired labour and to recover the 
 cost of such hired labour in the manner prescribed in this Ordinance 
 for the recovery of rates. (10 of 1902, s. 5.) 
 
 Sj)ecial Rate for Hospita/s and Dispensaries. 
 
 {15. — (1.) Every Local Authority of a Village or Country Sanitary Levying of 
 
 District may, and, when required by the Central Board, shall, levy a special rat^ 
 
 special rate to defray the cost ^of providing and maintaining District anVmTintain- 
 
 Hospitals or dispensaries, or both, or to defray any expenses incurred ing District 
 
 under any agreement authorized by section 119. hospitals and 
 
 •/ o , •/ (llSl)611S3,riGS« 
 
 (2.) Such special rate ma}^ be levied on the value of the immov- 
 able property in the District lial)le to be rated, and, if such rate is so 
 levied, all the provisions of this Ordinance for securing the payment 
 and authorizing the recovery of the rate sanctioned by section 1 73 shall 
 apply to such special rate, or, at the option of the Central Board, such 
 special rate may be levied on each room in every inhabited dwelling 
 within the District, and, if such rate is so levied, all the provisions of 
 section 171 shall fipply to such special rate so levied, (s. 173.) 
 
 Private Improvement Expenses and Rate. 
 
 176. Any Local Authority or the Central Board may, if they Private 
 think fit,— improvement 
 
 expenses. 
 (1.) Perform any work which by this Ordinance the owner or 
 
 occupier of any property is or may be required to perform ; or 
 (2.) Perform any work which the owner requests should be performed, 
 and which is necessary to place the property in a proper sanitary 
 condition ; 
 
 and declare the expenses expended or incurred by them in so doing to 
 be private improvement expenses, (s. 174.) 
 
 177. — (1.) The Governor-in-Council may, by Order, direct any Power to the 
 
 Local Authority to perform any work which a Local Authority are C4overnor-in- 
 
 authorized to perform and to declare the expenses to be expended to'dir ct 
 
 or incurred by them in so doing to be private improvement execution of 
 
 expenses, and to levy such private improvement rate as may be '"'oi'ks and 
 
 ^ j-i r^ • n -1 )■ J. costs to be 
 
 necessary or as the trovernor-m-Council may direct. defrayed bj-
 
 612 
 
 No. 3.] THE LA W^ OF BRITISH GUIANA : [ A.D. 1878. 
 
 private 
 
 improvement 
 
 rate. 
 
 Levying,' of 
 
 private 
 
 improvement 
 
 rate to defray 
 
 private 
 
 improvement 
 
 expenses. 
 
 Prefereut 
 lien for 
 private 
 improvement 
 expenses and 
 private 
 improvement 
 rate. 
 
 Mode of 
 recovery of 
 ))rivate 
 improvement 
 cx])enHes and 
 ]>rivate 
 iiii[»rovement 
 rate. 
 
 Evidence as 
 to amount of 
 money due. 
 
 (2.) If any Local Authority, when so directed, neglect to comply 
 with any of such directions, they shall be deemed to have made default 
 in enforcing a provision of this Ordinance, and the Central Board shall 
 enforce the same, and shall have the same power to execute such work 
 as the Local Authority, and the Central Board shall have power to 
 levy and recover the private improvement rate directed to be levied, 
 and shall have the same powers, rights, and preferences for enforcing 
 and securing the payment of the same as the Local Authority, 
 (s. 175.) 
 
 178. Where a Local Authority or the Central Board have incurred 
 or become liable for any expenses which, by this or any other 
 Ordinance now or hereafter to be in force, may be declared to be 
 private improvement expenses, such Authority may, if they think fit, 
 make and levy a rate in addition to all other rates on the pnjperty in 
 respect of which the expenses have been incurred, to be called a 
 " private improvement rate," of such amount as may be sufficient to 
 dischai'ge such expenses, with interest thereon at a rate not exceeding 
 six per cent, per annum, payable at such times and in such period, not 
 exceeding ten years, as the Authority may in each case determine. 
 (s.176.) 
 
 179. — (1-) Where a Local Authority or the Central Board have 
 incurred or become liable for any expenses which, by this or any other 
 Ordinance now or hereafter to be in force, may be declared to be 
 private improvement expenses, such Authority shall have a prefereijt 
 lien on the pi'operty in respect of which the expenses have been 
 incurred for all sums advanced, with interest thereon at a rate not 
 exceeding six per cent, per annum, over and above all other liens or 
 claims wdiatsoever, save and except claims due to the Crown or the 
 Colony and save and except claims due in I'espect of taxes or rates 
 levied by such Authority to defray the general expenditure of such 
 Authority. 
 
 (2.) Such preferent lien shall continue in full force until the whole 
 sum advanced has been repaid in full, with all intei'est thereon, and 
 continue vested on such property notwithstanding any change of 
 ownership of such property, whether by devolution or private or execu- 
 tion or other public sale. 
 
 (3.) Where such Authority levy a private improvement rate, they 
 shall have the same preferent lien for the payment of such private 
 improvement rate as for the payment of private improvement 
 expenses. Where any property subject to the payment of a private 
 improvement rate is sold at execution sale, the Authority levying such 
 rate may, if they think fit, require the amount realized by such sale, 
 after payment of all claims preferent thereto, to be applied in payment 
 of the whole amount, with interest, levied by such rate then remaining 
 unpaid, so far as such proceeds may suftice for the purpose, (s. 177.) 
 
 180. Private improvement expenses and every private improvement 
 rate may l)o levied and recovered by parate execution against the 
 owner of the property in respect of which such private improvement 
 expenses are payable or in respect of which such private improvement 
 rate is levied, without naming such owner, (s. 178.) 
 
 181. A statement purporting to be signed by the Local Authority, 
 or })y any officer of such Local Authority authorized in writing by
 
 A.D. 1878.] 
 
 PUBLIC HE ALT IT. 
 
 [No. 3. 
 
 61.3 
 
 such Lociil Authority to proceed for the ro^covery of iiioiicys (hu; to 
 such Local Authority, or a statement under the seal of the Central 
 Board, and whether or not tlie expenditure has Ixmmi incurred or the 
 rate levied ))y the Central Board, stating that any private improve- 
 ment expenses or private improvement rate are or is due from the 
 owner of any pi'operty, shall, without proof of any matter or thing, he 
 deemed in all Courts prima facie evidence that the amount therein 
 claimed is so due. (s. 179.) 
 
 182. At anytime Ijefore the expiration of the period for which any Redemption 
 private improvement rate is made, the owner of the premises assessed ?f pnvatc 
 thereto may redeem the same by paying to the Local Authority the j-ate. 
 expenses in respect of which the rate was made, or such part ther.iof 
 as may not have been defi'ayed by sums already levied in respect of 
 the same : Provided that money paid in redemption of any private 
 improvement rate shall not be applied by the Authority otherwise 
 than in defraying expenses incurred by them in works of private 
 improvement or in discharging the principal of any moneys borrowed by 
 them to meet those expenses, whether by means of a sinking fund or 
 otherwise, (s. 180.) 
 
 Payment of Rate. 
 
 183. — (1.) Where the owner of any property in a Sanitary District 
 makes default in paying to any Local Authority or the Central Board 
 any tax, rate or amount levied, assessed, or due in respect of such 
 property, as and when the same becomes payable, the occupier of or 
 any pei'son having any interest in such property, or any pirtion 
 thereof, may pay such tax, rate, or amount and recover from the owner 
 of such property the amount so paid, together with interest at the 
 rate of eight per cent, per annum until repaid, with all costs of suit. 
 
 (2.) Where there are several owners, such occupier or person may 
 so recover from any one of such owners, and the part owner so paying 
 shall be entitled to recover from the other part owners of such 
 property the amount of their proper contribution, (s. 181.) 
 
 184. — (1.) The Local Authority of any District which consists of a 
 plantation may, for the purpose of defraying the expenses incurred })y 
 them in the execution of this Ordinance, recover the amount of all 
 such expenses from the proprietors of such plantation. 
 
 (2.) In every case where a plantation forms part of any District, 
 any rate levied under this Ordinance shall be assessed and levied on 
 the plantation as a whole, (s. 182.) 
 
 Right of 
 occupier to 
 pay rate, and 
 recover 
 amount 
 thereof from 
 owner. 
 
 Recovery of 
 expenses where 
 District is a 
 plantation, 
 etc. 
 
 Borrorving Powers. 
 
 185. Every Local Authority may, with the sanction of the Central 
 Board, for the purpose of defraying any costs, charges, and expenses 
 incurred or to be incurred by them in the execution of this Ordinance 
 borrow any sum of money on the security of the rates, and may mort- 
 gage the rates for the repayment thereof, (s. 1^3.) 
 
 186. The owner of any plantation required to erect a tank under 
 the provisions of this Ordinance may borrow any sum of money to 
 defray the cost thereof, at interest not exceeding five per cent, per 
 
 Power to 
 Local 
 
 Authority to 
 borrow on 
 creilit of rates. 
 
 Power to 
 owner of 
 plantation to 
 borrow money
 
 614 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 for erection of annum, repayable within five years from the time of borrowing the 
 *" ■ same ; and the person lending the same shall have a preferent lien on 
 
 the plantation over all other creditors, debts due to the Crown or the 
 Colony being alone excepted, (s. 184.) 
 
 Procedure 
 and appeal. 
 
 See Ordinance 
 No. 12 of 1893. 
 
 See Ordinance 
 i\^o. 13 0/1893. 
 
 Restriction on 
 recovery of 
 penalties. 
 
 Appearance 
 of Local 
 Authority. 
 
 Proof of name 
 of Local 
 Authority. 
 
 Punishment 
 of person 
 giving false 
 evidence. 
 
 Execution 
 of document 
 by Local 
 Authority. 
 
 PART YI. 
 Legal Proceedings. 
 Procedure Generally. 
 
 187. All offences under this Ordinance, and all penalties and for- 
 feitures directed to be recovered before a Magistrate or the recovery 
 of which is not otherwise provided for, may be prosecuted for and 
 recovered before a Magistrate according to the form of procedure pro- 
 vided by any Ordinance for the time being in force regulating procedure 
 before Stipendiary Magistrates in the exercise of their summary juris- 
 diction, and shall be subject to the appeal provided by any Ordinance 
 for the time being in foi'ce regulating appeals from the decisions of 
 Stipendiary Magistrates, (s. 1S5.) 
 
 188. Proceedings for the recovery of any penalty under this Ordin- 
 ance shall not (except as in this Ordinance is pi'ovided) be had or 
 taken by any person, other than a party aggrieved, or by the Local 
 Authority of the District in which the offence is committed, without 
 the ccmsent in writing of the Attorney General : Provided that such 
 consent shall not be required to proceedings which are, by the pro- 
 visions of this Ordinance relating to nuisances or offensive trades, 
 authorized to be taken by a Local Authority in respect of any act or 
 default committed or taking place without their District or in respect 
 of any house, building, manufactory, or place situated without their 
 District, (s. 186.) 
 
 189. Any Local Authority may appear before a Magistrate by any 
 member of the Local Authority or by any person authorized in writing 
 generally or in respect of any special proceeding so to appear by any 
 member of the Local Authority, (s. 187.) 
 
 1 90. In any proceeding instituted by or against a Local Authority 
 under this Ordinance, it shall not be necessary for the plaintiff" to prove 
 the corporate name of the Local Authority or the constitution or limits 
 of their District, (s. 188.) 
 
 191. J^^very person who, on any examination upon oath under any 
 of the provisions of this Ordinance, wilfully and corruptly gives false 
 evidence shall be liable to the penalties inflicted on persons guilty of 
 wilful and corrupt perjury, (s. 189.) 
 
 192. — (1.) Any document requiring to be signed by any Local 
 Authority may, if such Authority consist of more than one person, be 
 executed by any two members thereof, and if such Authority consist 
 of only one person, then by such person. 
 
 (2.) In any legal proceeding it sliall not be necessary to prove any 
 signature purporting to be the signature of a member of a Local 
 Authority or that the person so signing was a member thereof, but
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 615 
 
 the burden of proof sliall })e on the person disputing the same. 
 (s. 190.) 
 
 Execution of 
 
 document 
 
 by the Central 
 
 lioard. 
 
 Use of forms, 
 Second 
 Schedule : 
 Form No. 1 
 Form No. 2 
 Form No. 3 
 Form No. 4. 
 
 Provisions as 
 to recovery 
 of rates. 
 
 193. Any document requiring to V)e executed or authenticated by 
 the Central Board may be executed or authenticated by affixing the 
 common seal of such Board ; and all Courts of Justice shall take 
 judicial notice of such seal. (s. 191.) 
 
 194. Any notice, summons, or order with respect to the abatement 
 of a nuisance may be in the Form contained in the Second Schedule to 
 this Ordinance, (s. 192.) 
 
 Recovery of Rate. 
 
 195. — (1.) The payment of any rate at any time imposed under 
 this Ordinance may be enforced, notwithstanding that the period or 
 purpose in respect of which such rate has been imposed has expired or 
 terminated. 
 
 (2.) Any rate levied by a Village or Country Authority on any 
 immovable property may, whatever may be the amount of such rate, 
 be recovered by such Authority against the owner of such property 
 before the Magistrate of the District in which such property is situated. 
 (3.) The procedure in any such case shall, with the necessary 
 modifications, be that prescribed in any Ordinance for the time being 
 in force regulating procedure for the recovery of petty debts, (s. 193.) 
 
 196. In any case where there is no owner of such property or no 
 such owner can be found, the rate may be recovered by parate execu- 
 tion against the owner of such property without further description. 
 (s. 194.) 
 
 197. In any proceeding for the recovery of any such rate, a state- Proof of 
 ment under the hands of the Village or Country Authority, or under amount due 
 the hand of any one of them, that any amount is due by the owner of 
 
 any immovable property shall, without proof of the signatures or 
 signature or of any other matter or thing, be deemed, in all Courts of 
 Justice and for all other purposes whatsoever, prima facie, proof that 
 the amount so mentioned is due by such owner, (s. 195.) 
 
 198. — (1.) All sums of money payable by the proprietor of a plan- 
 tation under the provisions of this Ordinance may be levied and re- 
 covered by parate execution against the proprietor of such plantation, 
 without further description. 
 
 (2.) A statement signed l)y the Local Authority, or under the 
 seal of the Central Board, stating that any amount is due from the 
 proprietor of the plantation shall, without proof of any matter or 
 thing, be deemed in all Courts / rimd facie evidence that the amount 
 therein claimed is so due. (s. 19B.) 
 
 See Ordinance 
 No. 11 of 18;)3. 
 
 Case where no 
 owner, etc., 
 of property 
 rated. 
 
 Recovery of 
 sums due from 
 plantation. 
 
 Obtninivg Title to Lands sold for Rates. 
 
 199. — (1.) Where proceedings by process of parate execution to en- Fees and 
 force the payment of money are taken by a Local Authority or by the process for 
 Central Board against any property (other than a 
 whole) in any Sanitary District, other than a Town Sanitary District, 
 the fees for such process and for letters of decree shall be the fees 
 from time to time determined by Pesolution of the Governor and 
 Court of Policy, and until otherwise resolved by the Governor and 
 
 plantation as a Jfi^hlcase 
 of proi^erty 
 sold for rates.
 
 G16 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 Third 
 Schedule. 
 
 Recover}' of 
 money 
 
 authorised to 
 be recovered in 
 summary 
 manner. 
 
 Court of Policy, shall be the fees mentioned in the Third Schedule to 
 this Ordinance. 
 
 (2.) Where, in any such proceedings, any such property is pur- 
 chased at execution sale for less than five hundred dollars, it shall not 
 be necessary for the purchaser to petition for letters of decree, and 
 such purchaser shall be entitled, on paying to the Registrar the 
 purchase money in full, with all charges, to receive from the Registrar, 
 without any further payment, a certificate to that effect, and, on 
 filing such certificate with the Registrar, to receive from the Supreme 
 Court of British Guiana in its civil jurisdiction or from the Chief 
 Justice in non- session, letters of decree for such property. 
 
 (3.) The provisions of this section shall apply to all property in 
 any Sanitary District, other than a Town Sanitary District, heretofore 
 sold at execution sale and for which letters of decree have not been 
 obtained, (s. 197.) 
 
 200. Where any sum of money is authorized by this Ordinance to 
 be recovered in a summary manner, and it is not provided that the 
 same may be recovered in the same manner as a penalty, then if such 
 sum does not exceed one hundred dollars, the same may be recovered 
 before any Magistrate in the same manner as if such sum were a debt 
 under twenty-four dollars, and, if such sum exceeds one hundred 
 dollars, by parate execution, (s. 198.) 
 
 Giving of 
 notice in 
 action against 
 Local 
 
 Authority or 
 their officer. 
 
 Tender of 
 amends. 
 
 Protection of 
 Local 
 Authority and 
 
 Protection of Local Authority. 
 
 201. — (1.) No process shall be sued out against or served on any 
 Local Authority or any member thereof, or any officer of a Local 
 Authority or person acting in his aid, for anything done, or intended 
 to be done, or omitted to be done under the provisions of this Ordinance 
 until the expiration of one month after notice in writing has been 
 served on such Local Authority, member, officer, or person clearly 
 stating the cause of action, and the name and place of abode of the 
 intended plaintiff and of his attorney or agent in the cause. 
 
 (2.) On the trial of any such action, the plaintiff" shall not be per- 
 mitted to go into evidence of any cause of action which is not stated 
 in the notice so served ; and, unless such notice is proved, the defendant 
 shall have judgment in his favour. 
 
 (3.) Every such action shall be commenced within six months 
 next after the accruing of the cause of action, and not afterwards. 
 (s. 199.) 
 
 202. — (1.) Any person to whom any such notice of action is given 
 as aforesaid may tender amends to the plaintiff, or his attorney or 
 agent, at any time within one month after service of such notice, and, 
 in case the same is not accepted, may plead such tender in bar. 
 
 (2.) In case amends have not been tendered as aforesaid, or in 
 case the amends tendered are insufficient, the defendant may, by leave 
 of the Court, at any time before trial pay into Court under plea such 
 sum of money as he may tliink proper. 
 
 • (3.) If, upon issue joined or upon any plea pleaded for the whole 
 action, the plaintiff' is non-suited or judgment is given for the defendant, 
 then the defendant shall be entitled to the full costs of suit and have 
 judgment accordingly, (s. 200.) 
 
 203. No matter or thing done and no contract entered into by any 
 Local Authority, and no matter or thing done by any member of any
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 617 
 
 such Authority, or by any officer of such Autliority or other person 
 whomsoever acting under the direction of such Authority, shall, if the 
 matter or thing done or the contract were entered into bond fid", for 
 the purpose of executmg this Ordinance, subject them or any of them 
 personally to any action, liability, claim, or demand whatsoever ; and 
 any expense incurred by any such Authority, member, officer, or other 
 person acting as last aforesaid shall be borne and repaid out of the 
 fund or rate applicable by such Authority to the general purposes of 
 this Ordinance : Provided that nothing in this section shall exempt 
 any member of any such Authority from Uability to be surcharged 
 with the amount of any payment which may be disallowed by the 
 auditor in the accounts of such Authority, and which such member 
 authorized or joined in authorizing, (s. 201.) 
 
 their officers 
 from personal 
 liability. 
 
 Notices. 
 
 204. Notices, orders, and other such documents under this Ordinance 
 may be in writing, or in print, or partly in writing and partly in print ; 
 and if the same require authentication by authority, the signature 
 thereof by any member or officer of a Local Authority shall be sufficient 
 authentication, (s. 202.) 
 
 205. — (1.) Any notice, order, or other document required or author- 
 ized to be served under this Ordinance may be served by delivering the 
 same to or at the residence of the person to whom it is addressed ; or, 
 where addressed to the owner or occupier of premises, by delivering 
 the same or a true copy thereof to some person on the premises ; or, if 
 there is no person on the premises who can be so served, by fixing the 
 same on some conspicuous part of the premises. 
 
 (2.) Such notice, order, or other document may also be served by 
 post by a prepaid letter, and, if served by post, shall be deemed to 
 have been served at the time when the letter containing the same 
 would be delivered in the oi'dinary course of post, and, in proving such 
 service, it shall be sufficient to prove that the notice, order, or other 
 document was properly addressed and put into the post. (s. 203.) 
 
 206. Any notice by this Ordinance required to be given to the 
 owner or occupier of any premises may be addressed by the description 
 of the "owner" or "occupier" of the premises (naming them) in respect 
 of which the notice is given, without further name or description, 
 (s. 204.) 
 
 Notice, etc., 
 ma}' be 
 printed or 
 written. 
 
 Service of 
 notice, etc. 
 
 Address of 
 notice, etc. 
 
 PART VII. 
 
 The Central Board. 
 
 207. — (1.) The Central Board shall make by-laws for the following 
 purposes, namely, — 
 
 (a.) For the sanitary care of the ports of the Colony ; and 
 {b.) For the sanitary care of all seamen and other persons be- 
 longing to any vessels therein, or in any of the rivers or creeks 
 of the Colony, or in the territorial waters thereof. 
 
 (2.) Such by-laws shall provide that any person not complying 
 therewith shall be liable to a fine of not less than five dollars and not 
 exceeding forty-eight dollars, and, in case of a continuing offence, to a 
 further penalty not exceeding ten dollars for each day after the notice 
 of the breach from any officer of the Board, (s. 205, ) 
 
 VOL. I. 42 
 
 Making of 
 by-laws for 
 sanitarj- care 
 of ports, etc.
 
 618 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1878- 
 
 Power to the 
 Board to make 
 inquiries. 
 
 Effect of order 
 of the Board. 
 
 Power of 
 oiEcer directed 
 to inquire. 
 
 iSee Ordinance 
 No. 12 of 1893. 
 
 Inquiries by the Board. 
 
 208. The Central Board may from time to time cause to be made 
 sucli inquiries as are directed by this Ordinance, and such inquiries as 
 they may see fit in relation to any matters concerning the public health 
 in any place, or any matters with respect to which their consent, 
 sanction, or approval is required by this Ordinance, (s. 206.) 
 
 209. Any order made by the Central Board in pursuance of this 
 Ordinance shall be binding in respect of the matter to which it refers, 
 and shall be published in such manner as the Board may direct : 
 Provided that an appeal may be made therefrom to the Governor-in- 
 Council, whose decision shall be final, (s. 207.) 
 
 210. Any officer of the Central Board shall, for the purposes of any 
 inquiry directed by the Board, have, in relation to witnesses and their 
 examination, the production of papers and accounts, and the inspection 
 of places and matters required to be inspected, similar powers to those 
 which Magistrates have under any Ordinance for the time being in 
 force regulating procedure before Stipendiary Magistrates in the exercise 
 of their summary jurisdiction, (s. 208.) 
 
 Mode of 
 
 enforcing 
 obligation of 
 Local 
 Authority. 
 
 Enforcement of Per/ormmice of Duty by defaulting Local 
 
 AutJiority. 
 
 211. — (1.) Where complaint is made to the Central Board that a 
 Local Authority have made default in providing their District with 
 sufficient main drains, or in the maintenance of existing main drains 
 or in providing their District with a supply of water in cases where 
 danger arises to the health of the inhabitants from the insufficiency or 
 unwholesomeness of the existing supply of water and a proper supply 
 can be got at a reasonable cost, or that a Local Authority have made 
 default in enforcing any provision of this Ordinance which it is their 
 duty to enforce, the Central Board, if they are satisfied, after due in- 
 quiry, that the Authority have been guilty of the alleged default, shall 
 make an order limiting a time for the performance by the Local 
 Authority of their duty in the matter of such complaint. 
 
 (2.) If such duty is not performed by the time Kmited in the order, 
 such order may be enforced by writ of mandamus, or the Central Board 
 may appoint some person to perform such duty and shall, by order, 
 direct that the expenses of performing the same, together with a reason- 
 able remuneration to the person appointed for superintending such 
 performance, and amounting to a sum specified in the order, together 
 with the costs of the proceedings, shall be paid by the Authority in 
 default ; and any order made for the payment of such expenses and 
 costs may be removed into the Supreme Court of British Guiana in the 
 exercise of its civil jurisdiction and be enforced in the same manner as 
 if it were an order of such Court. 
 
 (3.) Any person appointed under this .section to perform the duty 
 of a defaulting Local Authority shall, in tlie performance and for the 
 purposes of such duty, be invested with all the powers of such Authority 
 other than (save as hereinafter jirovided) the powers of levying 
 rates. 
 
 (4.) The Central Board may from time to time, by order, change 
 any person so appointed, (s. 209.)
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 619 
 
 Mode of 
 recovering 
 from Local 
 Authority 
 amount 
 expended on 
 their behalf 
 by the Board, 
 
 212. — (1.) Any sum specified in an order of the Central Board for 
 payment of the expenses of performing the duty of a defaulting Local 
 Authority, together with the costs of the proceedings, shall be deemed 
 to be expenses properly incurred by such Authority and to be a debt 
 due from such Authority and payable out of any moneys in the hands 
 of such Authority or of their olHcers, or out of any rate applicable to 
 the payment of any expenses properly incurred by such Authority, 
 which rate is in this Part referred to as "the local rate." 
 
 (2.) If the defaulting Authority fail to pay any such sum, with 
 costs as aforesaid, for a period of fourteen days after demand, the Cen 
 tral Board may, by order, empower any person to levy by and out of 
 the local rate such sum (the amount to be specified in the order) as 
 may, in the opinion of the Board, be sufficient to defray the debt so 
 due from the defaulting Authority and all expenses incurred in con- 
 sequence of the non-payment of such debt. 
 
 (3.) Any person or persons so empowered shall have the same 
 powers of levying the local rate and requiring all officers of the 
 defaulting Authority to pay over any moneys in their hands as the 
 defaulting Authority would have in the case of expenses legally 
 payable out of a local rate to be raised by such Authority ; and the 
 said person or persons, after repaying all sums of money so due in 
 respect of the order, shall pay the surplus, if any (the amount to be 
 ascertained by the Central Board) to or to the order of the defaulting 
 Authority, (s. 210.) 
 
 213. The Central Board may from time to time certify the amount 
 of the expenses which have been incurred, or an estimate of the ex- 
 penses about to be incurred, by any person appointed by the Board 
 under this Ordinance to perform the duty of a defaulting Local Au- 
 thority ; also the amount of any loan required to be raised for the pui'- 
 pose of defraying any expenses which have been so incurred or are 
 estimated as about to be incurred ; and the certificate of the Board 
 shall be conclusive as to all matters to which it relates, (s. 211.) 
 
 214. Whenever the Central Board certify a loan to be required, the Eaising of 
 Central Board or the person so appointed may, by any instrument duly loan, 
 executed, charge the local rate with the repayment of the principal 
 
 and interest due in respect of such loan ; and every such charge shall 
 have the same eflfect as if the defaulting Local Authority were 
 empo\yered to raise such loan on the security of the local rate 
 and had duly executed an instrument charging the same on the local 
 rate. (s. 212.) 
 
 Effect of 
 certificate of 
 the Board as to 
 expenses, etc. 
 
 215. — (1.) Any principal money or interest for the time being due 
 in respect of any loan under this Ordinance made for the payment of 
 the expenses incurred or to be incurred in the performance of the duty 
 of a defaulting Local Authority shall be taken to be a debt due from 
 such Authority, and (in addition to any other remedies) may be re- 
 covered in the manner in which a debt due from a defaulting 
 Authority may be recovered in pursuance of the provisions of this 
 Part. 
 
 (2.) The surplus, if any, of any such loan, after payment of the 
 expenses aforesaid, shall, on the amount thereof being certified by the 
 Central Board, be paid to or to the order of the defaulting Authority, 
 (s. 213.) 
 
 VOL. I. 42a 
 
 Recovery of 
 loan.
 
 620 
 
 No. 3,] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 Definition of 
 " expenses." 
 
 216. " Expenses," for the purposes of the provisions of this Part re- 
 lating to defaulting Local Authorities, shall include all sums payable 
 under those provisions by or by the order of the Central Board or the 
 person appointed by the Board, (s. 214.) 
 
 Power of 
 entry in 
 certain cases 
 of oiBcer of 
 Local 
 Authority. 
 
 Second 
 Schedule : 
 Form No. .5. 
 
 Penalty on 
 person 
 neglecting to 
 quit land 
 belonging to 
 Local 
 Authority, etc. 
 
 Provision for 
 case where 
 occupier 
 prevents owner 
 from carr3'ing 
 out the 
 Ordinance. 
 
 Second 
 Schedule : 
 Form No. 6. 
 
 Penalty on 
 person wilfully 
 damaging 
 works of Local 
 Authority. 
 
 Compensation 
 for damage 
 by Local 
 Authority. 
 
 PART VTII. 
 Miscellaneous Provisions. 
 
 217. Whenever it becomes necessary for a Local Authority or any 
 of their officers to enter, examine, or lay open any lands or premises 
 for the pui'pose of making plans, surveying, measuring, taking levels, 
 making, or keeping in repair, or examining works, ascertaining the 
 course of drains, or ascertaining or fixing boundaries, and the owner 
 or occupier of such lands or premises refuses to joermit the same to 
 be entered upon, examined, or laid open for the purposes aforesaid or 
 any of them, the Local Authority may, after written notice to such 
 owner or occupier, apply to a Magistrate for an order authorizing the 
 Local Authority to enter, examine, and lay open the said lands and 
 premises for the purposes aforesaid or any of them. (s. 215.) 
 
 218. Every person who occupies any land or house in any Sanitary 
 District belonging to any Local Authority or the Central Board 
 without their permission, and who neglects to quit such land or house 
 on being required to do so, shall be guilty of an offence, and, being 
 convicted thereof, shall be Uable to a penalty not exceeding ten dollars 
 or to imprisonment, with or without hard labour, for any term not 
 exceeding one month, (s. 216.) 
 
 219. — (1.) When the occupier of any premises prevents the owner 
 thereof from obeying or carrying into effect any provisions of this 
 Ordinance, any Magistrate may, if he sees fit, make an order for the 
 carrying into effect of the provisions of this Ordinance ; and if such 
 occupier fails to comply therewith within twenty-four hours after the 
 making of the order, he shall be liable to a penalty not exceeding 
 twenty-four dollars for every day during the continuance of such non- 
 compliance. 
 
 (2.) If the occupier of any premises, when requested by or on 
 behalf of the Local Authority to state the name of the owner of the 
 premises occupied by him, refuses or wilfully omits to disclose or 
 wilfully mis-states the same, he shall, unless he shows cause, to the 
 satisfaction of the Court, for his refusal, be liable to a penalty not 
 exceeding twenty-four dollars, (s. 217.) 
 
 220. Every person who wilfully damages any works or property 
 belonging to any Local Authority shall (in cases where no other penalty 
 is provided by this Ordinance) be liable to a penalty not exceeding 
 twenty-four dollars, (s. 218.) 
 
 221. Where any person sustains any damage by reason of the 
 exercise of any of the powers of this Ordinance, in relation to any 
 matter as to which he is not himself in default, full compensation 
 shall be made to such person by the Local Authoi'ity exercising such 
 powers ; and any dispute as to the fact of damage or amount of com- 
 pensation shall be settled by arbitration in manner provided by this 
 Ordinance ; or, if the compensation claimed does not exceed the sum 
 of ninety-six dollars, the same may, at the option of either party, be 
 ascertained by and recovered before a Magistrate, (s. 219.)
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 621 
 
 222. Notliing in this Ordinance shall he construed to authorize 
 any Local Authority or the Central Board to disturb or interfere with 
 any lands or other property vested in His Majesty, or in any of His 
 Majesty's Principal Secretaries of State, or in the Colony, (s. 220.) 
 
 223. No person shall be liable to any penalty under this Ordinance, 
 or shall be deemed to have incurred any liability under this Ordinance, 
 in respect of any foul or offensive trench, watercourse, main drain, 
 drain, or receptacle for refuse matter on any plantation, if it is proved, 
 to the satisfaction of the Court or Magistrate, that the foul or ollensive 
 state of the trench, watercourse, main drain, drain, or receptacle for 
 refuse matter has been caused in carrying on the business of the 
 plantation or in the manufacture of sugar or rum thereon, and that 
 all reasonable means have been taken for preventing injury to the 
 public health, (s. 221.) 
 
 224. All powers given by this Ordinance shall be deemed to be in 
 addition to and not in derogation of any other powers conferred by 
 Ordinance, law, or custom ; and such other powers may be exercised 
 in the same manner as if this Ordinance had not been passed ; and 
 nothing in this Ordinance shall exempt any person from any penalty 
 to which he would have been subject if this Ordinance had not been 
 passed : Provided that no person who has been adjudged to pay any 
 penalty in pursuance of this Ordinance shall for the same offence be 
 liable to a penalty under any other Ordinance, (s. 222.) 
 
 Exemption of 
 Crown and 
 Colony 
 property. 
 
 Saving in 
 re.sj)ect of 
 plantations. 
 
 Powers of the 
 Ordinance to 
 be cumulative. 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 
 Tables relating to the storage of Water in Buildings and 
 
 Plantations. 
 
 The owner of any Building or Plantation described in the first columns of the 
 following Tables shall provide tanks to store the quantity of water specified in the 
 second columns of the said Tables in relation to the said Buildings and Plantations 
 respectively. 
 
 TABLE I. 
 
 Section 35. 
 
 Buildings in Town Districts. 
 
 Quantity of "W^ater 
 in Imperial Gallons. 
 
 Each house, including the out-buildings occupied therewith, 
 
 appraised for local taxation at or above |50,000 
 Each house, including as aforesaid, so appraised at or above 
 
 $30,000 and under $50,000 
 
 Each house so appraised at or above $20,000 and under $30,000 
 Each house so appraised at or above $10,000 and under $20,000 . 
 Each house used as a dwelling-house of more than one storj* so 
 
 appraised at or above $7,000 ....... 
 
 Each house used as a dwelling-house of more than one story so 
 
 appraised at or above $3,000 and under $7,000 
 Each house used as a dwelling-house of more than one story so 
 
 appraised at or above $1,000 and under $3,000 
 Each house used as a dwelling-house of more than one story so 
 
 appiaised at anj- sum under $1,000 
 
 Each house used as a dwelling-house of one story only so 
 
 ajipraised at or above $1,000 
 
 Each house used as a dwelling-house of one story so appraised at 
 
 any sum under $1,000, for each inhabited room 
 Each house of which the different rooms are occujned by different 
 
 families or different persons not members of the same familj-, 
 
 for each I'oom so occupied ..... 
 
 20,000 
 
 10,000 
 5,000 
 4,000 
 
 3,000 
 
 2,000 
 
 1,000 
 
 500 
 1,000 
 
 100 
 
 100
 
 622 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 TABLE II. 
 
 Buildings in Villages and Country Districts. 
 
 Each house used as a dwelling-house of more than one story and 
 of or exceeding |500 in value ....... 
 
 Each house used as a dwelling-house of one story onl}', or, if of 
 more than one story and of less value than $500, for each room 
 therein ........... 
 
 Each house of which the diiieront rooms are occupied by 
 different families or different persons not members of the 
 same family, for each room so occupied ..... 
 
 Quantity of "Water 
 in Imperial Gallons. 
 
 1,500 
 
 100 
 100 
 
 TABLE III. 
 
 Description of Plantation. 
 
 Each Plantation on which any qiiantity of sugar exceeding fifty 
 tons in weight and not exceeding five hundred tons has been 
 made during the preceding year ...... 
 
 Each Plantation on which any quantity of sugar of or exceeding 
 five hundred tons has been so made, then, for every additional 
 quantity of one hundred tons of sugar or less so made, an 
 additional 
 
 Quantity of "Water 
 in Imperial Gallons. 
 
 25,000 
 
 2,500 
 
 Provided that, where two licensed medical practitioners certify in writing that there 
 is a supjjly of whole.'ome fresh water on the Plantation sufficient for the wants of all 
 the persons residing on the Plantation, the quantity hereinbefore prescribed in 
 addition to the first 25,000 gallons shall be reduced to 1,250 gallons. 
 
 Section 194. 
 
 THE SECOND SCHEDULE, 
 
 FOKMS. 
 
 Form No. 1. 
 
 Notice requiring Abatement of Nuisance. 
 
 To [the person causing the Nuisance, or the otcner or occupier of the premises wherein 
 the nuisance exists, as the case may hc'\. 
 
 Take notice that, under the provisions of the Public Health Ordinance, 1878, 
 the [describe the Local Authority'] being satisfied of the existence of a nuisance at 
 [describe the premises or place %chere the nutiance exists], arising from [dcscrilie the 
 cause of tmisance, for instance, want of a privy or drain ; or, for further instance, 
 a ditch or drain so foul as to be a nuisance, or injurious to health; or, for further 
 instance, swine kept so as to be a nuisance or injurious to health] do hereby require 
 you within from the service of this notice to abate the 
 
 same, and for that purpose to [state any things required to be done or works to be 
 executed]. 
 
 If you make default in complying with the requirements of this notice, or if 
 the said nuisance, though abated, is likely to recur, a summons will be issued requiring 
 your attendance to answer a complaint which will be made to a Stipendiary 
 Magistrate for enforcing the abatement of the nuisance and prohibiting a recurrence 
 thereof, and for recovering the costs and penalties that may be incurred thereby. 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Officer of Local \ 
 Authority. ]
 
 A.D. 1878.] 
 
 PUBLIC HEALTH. 
 
 [No. 3. 
 
 623 
 
 British Guiana. 
 
 Form No. 2. 
 Summons on Compluint relatbtg to Nuisance. 
 
 District. 
 
 To the oicncy \_or occupier] of [describe the premises], situated at [insert such a 
 description as luav be sufficient to identifv the premises] \_or to A. B., of 
 ]• 
 You are required to appear before the Court holden before a Stipendiary Magis- 
 
 on the day of 1 , at the 
 
 in the noon, to answer the complaint this day made to 
 
 on certain premises situated at {^insert such 
 
 Section 104. 
 
 trate at 
 
 hour of 
 
 me by that in or 
 
 a description as may be sufficient to identify the premises'], in the 
 
 District, under the Public Health Ordinance, 1878, of [describe the Local Authority] 
 
 the following nuisance exists, [describing it as the case may be], and that the said 
 
 nuifance is caused by the act or default of the owner [or occupier] of the said 
 
 premises [or by you, A. B. [or, in case the nuisnuce is discontinued but likely to he 
 
 repeated, say, there existed recently, to wit, on or about the day of , 
 
 on the premises, the following nuisance [describe the nuisance'], and that the said 
 
 nuisance was caused, etc., and although the same has, since the last-mentioned day, 
 
 been abated or discontinued, there is reasonable ground to conclude that the same 
 
 or the like nuisance is likely to recur on the said premises.] 
 
 Dated this daj' of 1 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Form No. 3. 
 Order for Abatement or Prohibition of Nuisance. 
 
 Section 11)4. 
 
 British Guiana. 
 
 District. 
 
 Whereas on the 
 before 
 District, by 
 
 To the ou-ner [or occupier] of [ilescribe the premises], situated at [insert such a 
 description as may be sufficient to identify the premises] [or to A. B., of 
 
 ]• 
 
 day of 1 , complaint was made 
 
 Esquire, Stipendiary Magistrate for the 
 that in or on certain premises situated at 
 in the District under the Public Health Ordinance, 1878, of [describe the Local 
 Authority] the following nuisance then existed [describing it] and that the said 
 nuisance was caused by the act or default of the owner [or occupier] of the said 
 premises ; [or was caused by A.B.] [Lf the )iuisauce has been removed, say, the follow- 
 ing nuisance existed on or about [the day the nuisanee was ascertained to exist], and 
 that the said nuisance was caused, etc., and although the same is now removed, the 
 same or the like nuisance is likely to recur on the said premises] ; And whereas 
 
 the owner [or occupier] within the meaning of the Public 
 Health Ordinance, 1878, [or the said A.B.] has this day appeared before me to 
 answer the matter of the said complaint ; [or, in case the p^rty charged does not appear, 
 say, and whereas it has been this day proved to my satisfaction that a true copy of 
 a summons requiring the owner [or occupier] of the said premises [or the said A.B.] 
 to appear this day before me has been duly served accoi'ding to the 
 
 said Ordinance : — Now, on proof being here made before me that the nuisance so 
 complained of does exist on the said premises, and that the same is caused by the 
 act of default of the owner [or occupier] of the said premises [or by the said A. B.' 
 I, in pursuance of the said Ordinance, do order the said owner [or occupier, or vi. B.' 
 within [specify the time] from the service of this order, or a true copy thereof, 
 according to the said Ordinance [here specif y anything reijidred to be done or work to be 
 executed, as, for instance, to provide for the cleanly and wholesome keeping of, [or to 
 remove] the animal kept so as to be a nuisance or injurious to health ; or, for further 
 instance, to cleanse, whitewash, purify, and disinfect the said dwelling-house; or. for 
 further instance, to construct a privy or dig a drain, etc. ; or, for further instance, 
 to clean or to cover or to fill up the said cesspool, etc.] so that the same shall no 
 longer be a nuisance or injurious to health as aforesaid. 
 
 [And if it appears to the Magistrate that the nuisance is likely to recur on the premises,
 
 624 
 
 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1878. 
 
 say, And T, being satisfied that, notwithstanding the said cause or causes of nuisance 
 may be removed under this order, the same is [or are] likely to recur, do hereby 
 prohibit the said owner [or occupier, or A. B.] from [here insert the iiiaiter of the 
 prohibition, as, for instance, from using the said house or building for human habit- 
 ation until the same, in my judgment, is rendered fit for that purpose]. 
 
 [In case the nuisance was removed before comp'aint, say. Now, on proof being here 
 made before me that, at or recently beifore the time of making the said complaint, to 
 wit, on the day of 1 , as aforesaid, the cause of nuisance 
 
 complained of did exist on the said premises, but that the same has since been 
 removed, yet, notwithstanding such removal, I, being satisfied that it is likely that 
 the same or the like nuisance will recur on the said premises, do hereby prohibit 
 [order of prohibition'] ; and if this order of prohibition is infringed, then I [order on 
 Local Authority to do icorks']. 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 194. 
 
 Form No. 4. 
 
 Order for Abatement of Xuisance by Local Authority. 
 British Guiana. 
 
 District. 
 
 To the Ton-n Council, etc , as the case may be. 
 
 Whereas [recite complaint of nuisance as in last Forni] ; And whereas it has been 
 now proved to my satisfaction that such nuisance exists, but that no owner or 
 occupier of the premises, or person causing the nuisance, is known [or can be 
 found, as the case may be'\ : — Now I, in pursuance of the said Ordinance, do order 
 the said [Local Authority, naming it] forthwith to [here specify the works to be 
 done. ] 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 217 
 
 Form No. 5. 
 
 Order of Magistrate for Admission of Officer of Local Authority. 
 British Guiana. 
 
 District. 
 
 Whereas [describe the Local Authority] have by their officer [naming him] made 
 application to me, the undersigned Stipendiary Magistrate for the 
 District, and the said oificer has made oath to me that demand has been made 
 pursuant to the provisions of the Public Health Ordinance, 1878, for admission to 
 'describe the situation of the premises so as to identify them], for the purpose of 
 'describing the purpose, as the case may be,] and that such demand has been refused : — 
 Now, therefore, I do hereby require you [name the person having custody of the 
 premises] to admit the said [name the Local Authority, or the officer of the Local 
 Authority] to the said premises for the purpose aforesaid. 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Stipendiary Magistrate 
 
 Section 219. 
 
 British Guiana. 
 
 Form No. 6. 
 Order to permit ExMcuiion of Works by Owner. 
 
 District. 
 
 Whereas complaint has been made to me, the undersigned Stipendiary Magistrate 
 for tho District, by A. B., owner, within the meaning of the 
 
 Public He;tlth Ordinance, 1878, of certain premises [describe the situation of the
 
 A.D. 1879.] ONDERNEEMING SCHOOL, 
 
 [No. 1. 
 
 625 
 
 premises so as to identify them'\, that C. B., the occupier of the said premises, prevents 
 the said A. B. from obeying? and carryins^ into effect the provisions of the said 
 Ordinance in this, to wit, that he, the said C. B., prevents the said A. Ji. from 
 \_here describe the works generally according to circumstances'] ; And whereas the said 
 C. D., having hoen duly summoned to answer the complaint and not having shown 
 sufficient cause against the same, and it appearing to me that the said works 
 are necessary for the purpose of enabling the said A. li. to obey and carrj' nto 
 effect the provisions of the said Ordinance, I do hereby order that the said C. V. 
 do permit the said A. B. to execute the same in the manner required by the said 
 Ordinance. 
 
 Dated this 
 
 day of 
 
 19 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 THE THIRD SCHEDULE. 
 Table of Fees for Process and Letters of Decree. 
 
 For Summation, and serving same ........ 1 
 
 For Writ of Execution, to be endorsed on Summation .... 
 
 For Act of Levy, Inventory, and Advertisements of Sale .... 1 
 
 For Selling, a Commission of two and one-half per cent, on the amount of 
 
 Purchase Money. 
 For Letters of Decree where Property is Purchased for less than $500, to 
 
 include all charges for recording 1 
 
 Section 199. 
 
 c. 
 00 
 25 
 00 
 
 00 
 
 ORDINANCE No. 1 OF 1879. 
 
 An Ordinance to make provision for the Establishment 
 and liegulation of a School for the Instruction and 
 Training of Vagrant Boys and Youthful Male 
 Offenders. 
 
 [20th September, 1879.] 
 
 A.D. 1879. 
 
 - — ♦ — 
 Ordinance 
 No. 9 of 1883 
 incorporated. 
 Sec also 
 Ordiwince 
 No. 1 of 1852. 
 
 WHEIIEAS it is expedient tc make provision for the establish- 
 ment and regulation of a School for the proper instruction and 
 training of vagrant boys and of youthful male offenders, at 
 which the boys may be employed in agricultural pursuits : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Onderneeming School Ordin- Short title. 
 ance, 1879. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 " The School " means the School established at Onderneeming 
 
 under the provisions of this Ordinance : 
 *' The Superintendent " means the Superintendent of the School : 
 " Magistrate " means any Stipendiary Magistrate of the Colony. 
 
 Interpretation 
 of terms.
 
 626 No. 1.] THE LA WS OF BRITISH GUIANA : [ A.D. 1879. 
 
 Eslablishrrient of the School. 
 
 Establishment 3. A School, to be called " The Onderneeming School," shall be 
 of Onderneem- established at Onderneeming in the Parish of St. John, in the County 
 or Essequebo, for the proper instruction and training of vagrant boys 
 and of youthful male offenders, who shall, as far as practicable, be there 
 employed in agricultural pursuits. 
 
 ing School. 
 
 Appointment 
 of Super- 
 intendent. 
 
 Appointment 
 of oificers, etc. 
 
 Salaries of 
 
 superior 
 
 officers. 
 
 Wages and 
 expenses of 
 maintenance 
 
 Appointment 
 and duties of 
 Official 
 Visitors. 
 
 4. The Governor, on behalf of His Majesty, may appoint some fit 
 23erson to be Superintendent of the School, who shall hold the office 
 during pleasure. 
 
 5. The Governor may appoint such officers, masters, matrons, and 
 servants as he may consider necessary for the School, and such officers, 
 masters, matrons, and servants shall hold office during the Governor's 
 pleasure. 
 
 6. Ihe salaries of the Superintendent, officers, masters, and matrons 
 of the School shall be such as may from time to time be provided for 
 that purpose by the Combined Court. 
 
 7. The wages of the servants and all other charges and expenses 
 which may be incurred in the due maintenance of the School shall be 
 paid from and out of such moneys as may from time to time be pro- 
 vided for that purpose by the Combined Court. 
 
 8. — (1.) The Governor may appoint any person or persons to be 
 Official Visitor or Official Visitors of the School. 
 
 (2.) The Governor-in-Council may make regulations for the 
 guidance of such Official Visitor or Visitors in the discharge of his 
 or their duties ; and such regulations, when published in The Official 
 Gazette, shall be binding on all persons concerned. 
 
 (3.) The School shall at all times be open to the inspection of any 
 member of the Combined Court. 
 
 Making of 
 regulations. 
 
 Administratio7i oj the School. 
 
 9. — (1.) The Superintendent shall make regulations — 
 
 («.) For the proper classification of the inmates ; 
 
 (h.) For the training, education, and moral and religious in- 
 struction, for the employment in agricultural pursuits, and 
 for the apprenticeship of the children sent to the School ; 
 and 
 
 (c.) Generally for maintaining proper discipline in, and for the 
 proper conduct and management of, the School. 
 
 (2.) All regulations so made sliall be laid before the Governor-in- 
 Council for approval, and shall have no force or effect until approved. 
 
 (3.) The Governor-in-Council may at any time alter or amend any 
 sucli regulation. 
 
 (1.) Any regulation, as settled and approved l)y the Governor-in- 
 Council and published in the I'he Official Gazette, shall, until altered or 
 revoked with the like approval, have the same effect as if such regula- 
 tion were inserted in this Ordinance.
 
 A.D. 1879.] ONDERNEEMING SCHOOL. 
 
 [No. 1. 
 
 627 
 
 10. The Superintendent shall, in the month of January in each Making of 
 year, prepare a full report of the working of the School during tlie ^"""^^^ ""^P"'*- 
 previous year, to be laid before the Combined Court at its Annual 
 Session. 
 
 Sending of Boys to the School. 
 
 11. It shall be lawful for the Governor, by warrant under his hand, 
 to direct that any boy ordered by any Magistrate, or by the Supreme 
 Court of British Guiana in its criminal jurisdiction, to be detained at 
 an industrial School or at a Reformatory School ho detained at the 
 Onderneeming School for the then unexpired portion of the period 
 during which such boy was so ordered to be detained. 
 
 Sending to the 
 School of boj"s 
 ordered to be 
 detained at 
 Industrial or 
 Reformatory 
 School. 
 
 School of 
 vagrant, etc., 
 bo3's under 
 16 years. 
 
 12. Where a boy apparently under the age of sixteen years has been Sending to the 
 
 sentenced to imprisonment or penal servitude and has been pardoned se'iitenced to^ ^ 
 
 by the Governor on condition of his going to a Reformatory School, im]jrisonment 
 
 the Governor may direct him, if under the age of sixteen years, to be ^^ penal 
 
 »/ ' SGrVltUQG. 
 
 sent to the School for a period of not less than two years and not more 
 than five years ; and thereupon such offender shall be deemed to be 
 subject to all the provisions of this Ordinance as if he had been 
 originally ordered to be detained in the School. 
 
 13. — (1.) Any person may bring before any Magistrate any boy Sending to the 
 apparently under the age of sixteen years who comes within any of the 
 following descriptions, namely, — 
 
 (a.) Who 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 ; or 
 (6.) Who is found wandering and not having any home or settled 
 
 place of abode, or proper guardianship, or visible means of 
 
 subsistence ; or 
 (c.) Who is found destitute, either being an orphan or having 
 
 a surviving parent who is undergoing imprisonment or penal 
 
 servitude ; or 
 (d.) Who frequents the company of reputed thieves. 
 
 (2.) The Magistrate befoi-e whom a boy is brought as coming 
 within one of those descriptions, if he is satisfied on incjuiry of that 
 fact and that it is expedient to deal with liim under this Ordinance, 
 may order him to be sent to the School. 
 
 14. Where a boy apparently under the age of sixteen years is Sending to the 
 
 charged before a Magistrate with an offence punishable by such ^„j|er 16 years 
 
 Magistrate on summary conviction, and the boy ought, in the opinion charged -vvith 
 
 of the Magistrate (regard beinfj had to his age and to the circum- certain 
 
 1 • oifences 
 
 stance of the case) to be sent to the School, the Magistrate may 
 
 order him to be sent to the School. 
 
 15. Where the parent, or step-parent, or guardian of a boy Sending to the 
 apparently under the age of sixteen years represents to a Magistrate School of 
 
 •/! ^^-' rGirRctorv bovs 
 
 that he is unable to control the boy, and that he desires that the under 16 Vears. 
 boy be sent to the School under this Ordinance, or where any boy 
 apparently under the age of sixteen years is now by law liable to
 
 628 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1879. 
 
 be ordered to be detained in an Industrial School, the M;igistrate, 
 if he is satisfied on inquiry that it is expedient to deal with the boy 
 under this Ordinance, may order him to be sent to the School. 
 
 Form of order 
 of detention. 
 Schedule : 
 Form No. 1. 
 
 16. The order of a Magistrate sending a boy to the School (in this 
 Ordinance referred to as the " order of detention ") shall be in writing, 
 and shall specify the time for which the boy is to be detained in the 
 School, being such time as to the Magistrate may seem proper for 
 the teaching and training of the boy. 
 
 Effect of order. 17. The order of detention shall be forwarded to the Superintendent 
 with the boy, and shall be a sufficient warrant for the conveyance of 
 the boy thither and his detention there. 
 
 Evidence of 
 order. 
 
 18. An instrument purporting to be an order of detention in the 
 School and to be signed by a Magistrate, or purporting to be a copy 
 of such an order and to be certified as such by the Clerk to the 
 Magistrate by whom the order was made, shall be evidence of the 
 order. 
 
 Sending to 
 the School of 
 j-outhful 
 offenders. 
 
 Removal of 
 youthful 
 offender to the 
 School. 
 
 19. Where any offender who, in the judgment of the Court, is 
 under the age of sixteen years is convicted of an offence punishable 
 with impi'isonment or penal servitude before the Supreme Court of 
 British Guiana in its criminal jurisdiction, the Court, instead of 
 awarding a sentence of imprisonment or penal servitude, may oi'der 
 him to be sent to the School, and to be there detained for a period of 
 not less than two years and not more than five years. 
 
 20. The Keeper of every Prison having in his custody any youthful 
 offender ordered to be sent to the School shall deliver such offender 
 into the custody of the Superintendent, together with the warrant 
 or other document in pursuance of which the offender is sent to the 
 School. 
 
 Authority for 21. The j^ossession of the warrant or other document in pursuance 
 
 detaining of which a youthful offender is sent to the School shall be sufficient 
 
 offender authority for his detention in the School. 
 
 Refusal of boy 
 in the School 
 to conform to 
 regulations. 
 
 Escape of 
 boy from the 
 School 
 
 Government and Discipline of the School. 
 
 22. If any boy detained in the School wilfully refuses or neglects 
 to conform to the regulations thereof, he shall, on summary conviction 
 before a Magistrate, be imprisoned, with or without hard labour, 
 for any term not exceeding three months, and with or without 
 whipping ; and, at the expiration of the term of his imprisonment, he 
 shall be brought back to the School, there to be detained during a 
 period equal to so much of his period of detention as remained 
 unexpired at the time of his being sent to prison. 
 
 23. If any lioy ordered to be detained in the School escapes there- 
 from at any time })efore the expiration of liis period of detention, he 
 may be apprehended without warrant, and, if the Superintendent 
 thinks fit, may be then brought before a Magistrate, and he shall 
 thereupon be liable, on summary conviction before such Magistrate, 
 to be imprisoned, with or without hard labour, for any term not
 
 A.D. 1879.J ONDERNEEMING SCHOOL. [No. 1. 629 
 
 exceeding three months, and with or without whipjjing ; and, at the 
 expiration of the term of his imprisonment, he shall bo lirought hack 
 to the School, 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. 
 
 24. Every person who — Penalty on 
 
 (1.) Knowingly assists, either directly or indirectly, any boy detained i'ssi^s'thig boy 
 
 in the School to escape from the School ; or to escape from 
 
 (2.) Directly or indirectly induces any such boy to escape from the *^^'^ School, 
 
 School ; or 
 (3.) Knowingly harbours, conceals, or prevents from returning to 
 the School any boy who has escaped from the School, 
 shall be guilty of an offence, and, being convicted thereof before a 
 Magistrate, shall be liable to a penalty not exceeding ninety-six 
 dollars, or, at the discretion of the Magistrate, to imprisonment, with 
 or without hard labour, for any term not exceeding four months. 
 
 25. — (1.) The Superintendent may, with the approval of the Gover- Granting of 
 nor, at any time after the expiration of six months of the period of ^g ^jj^^^'e o^t'^of ' 
 detention allotted to a boy, by licence under his hand, permit him to the SchooL 
 live with any trustworthy and respectable person named in the licence 
 and willing to receive, teach, train, and take charge of him. 
 
 (2.) Any licence so granted shall not be in force for more than 
 six months, but may, at any time before the expiration of those six 
 months, be renewed for a further period, not exceeding six months, to 
 commence f r'om the previous period of six months, and so from time to 
 time until the period of detention of the boy has expired. 
 
 (3.) Any such licence may also be revoked at any time by the 
 Superintendent, by writing under his hand, with the approval of the 
 Governor, and thereupon the boy to whom the licence related may be 
 required l)y him, by writing under his hand, to return to the School. 
 
 (4.) The time during which a boy is absent from the School in 
 pursuance of a licence shall, except where such licence has been for- 
 feited 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. 
 
 (5.) Any boy who escapes from the person with whom he is placed 
 under a licence or refuses to return to the 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, and shall be liable to the 
 same punishment. 
 
 26. The Superintendent, subject to such regulations as may from time Power to 
 
 to time be approved by the Governor-in-Councii, may with the consent ^f'tifg^Scfio^oL 
 
 of the boy concerned, bind any boy ordered to be detained in the 
 
 School apprentice to any trade, calling, or service until lie shall 
 
 complete the age of eighteen years, notwithstanding that his period 
 
 of detention has not expired ; and every such binding shall be valid 
 
 and effectual to all intents and purposes. 
 
 27. A certificate, purporting to be signed by the Superintendent, to Evidence as 
 the effect that the boy therein named was duly received into and is, at *°j/|g^j^Q"i 
 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. 
 
 cion in
 
 630 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1879. 
 
 Liability of 
 persons, etc., 
 to contribute 
 to maintenance 
 of hoys at 
 the Scliool. 
 
 Mode of 
 
 enforcing 
 
 liability. 
 
 Schedule : 
 Form No. 2 ; 
 Form No. 3 ; 
 Form No. 4. 
 
 Maintenance of Boys in the School. 
 
 28. When any boy is detained in the School, the father of the boy 
 (and whether the boy is a legitimate or illegitimate son) shall, if of 
 sufficient ability, contribute to the maintenance and training of the 
 boy in the School a sum not exceeding one dollar a week ; and where 
 the father of the boy aforesaid is not of sufficient ability, or where the 
 father is of sufficient ability to pay a part only of the said sum, then 
 the mother, the guardian, every person bound by law to contribute to 
 the support of the boy, and every male person cohabiting with the 
 mother of the boy shall, if of sufficient ability, be bound singuli in 
 solidum, to contribute to the maintenance of the boy in the School the 
 said sum or such part thereof as the father is not of sufficient ability 
 to pay. 
 
 29. — (1.) On the complaint of any Inspector of Police, or of the 
 Superintendent, or of any police officer or constable authorized thereto 
 by the Superintendent, at any time during the detention of a boy in 
 the School, any Magistrate may, on summons to any person liable 
 under the last preceding section to contribute to the maintenance of 
 such boy in the School, examine into his ability to maintain the boy, 
 and may, if he thinks fit, make an order on such person for the pay- 
 ment to the Superintendent or his agent of such weekly sum, not 
 exceeding one dollar a week, as to him may seem reasonable, during 
 the whole or any part of the time for which the boy is liable to be 
 detained in the School. 
 
 (2.) Where any person other than the father of the boy is proceeded 
 against, the burden of proving that the father is of sufficient ability 
 to contribute to the maintenance of the boy shall be on the person 
 proceeded against. 
 
 (3.) Where two or more persons are liable to contribute to the 
 maintenance of the boy, the Magistrate may summon all or any of 
 such persons before him, and either at the same time or at different 
 times, and may order that each shall be liable for the payment of the 
 whole svan ordered to be paid or for such portion thereof as the 
 Magistrate may direct. 
 
 (4.) Where the order directs more than one person to pay any 
 amount, the order shall be deemed to be a separate order against 
 each : Provided that where the Magistrate orders that each person 
 shall be liable to pay the whole amount named, the one paying shall 
 be entitled to contribution from the others named in the order. 
 
 (5.) In every proceeding under this section, the Magistrate shall 
 have full power, for the purposes of this Ordinance, to inquire into and 
 determine whether the person proceeded against is liable to contribute 
 to the maintenance in the School of the boy to whom the proceeding 
 has relation. 
 
 Terms and 
 enforcement 
 of order for 
 maintenance. 
 
 Schedule : 
 Form No. 5 : 
 Form No. C. 
 
 30. Every such order shall specify the time during which the pay- 
 ment is to be made, or may direct the payment to be made until further 
 order ; and every such order may be enforced by any Magistrate in 
 a summary manner by distress, and, in default of sufficient distress, by 
 imprisonment, with or without hard labour, for any term not exceed- 
 ing three months.
 
 A.D. 1879.] ONDERNEEMING SCHOOL. 
 
 [No. 1. 
 
 631 
 
 31. Every such payment shall go in relief of the charges on the Appropriation 
 Colonial Treasury in respect of the School, and shall be accounted for °^ payment, 
 by the Superintendent and paid over to the Receiver General within 
 
 seven days after the expiration of every month. 
 
 32. The Govei'nor may in his discretion remit, either wholly or Power to remit 
 partially, any payment so ordered. payment. 
 
 33. Any Magistrate may from time to time vary any such order of Variation 
 payment, on the application either of the person on whom tlie order ^^ order of 
 was made or of the Superintendent of the School, as the case may he, 
 or his agent, on fourteen days' notice being given to the Superinten- 
 dent or such person respectively. 
 
 payment. 
 
 Discharge of Boys. 
 
 34. No boy who has, to the knowledge of the Superintendent, at- Discharge of 
 
 tained the age of eighteen years, shall be detained in the School. . °-^' °" attam- 
 
 » ^ J ' mg 18 years. 
 
 35. The Governor may at any time order any boy to be discharged Power to the 
 from the School, either absolutely or on such conditions as the Gover- Governor to 
 nor may approve, and the boy shall be discharged accordingly. charge of boy. 
 
 Miscellaneous Provisions. 
 
 36. No summons, notice, or order made for the purpose of carrying Use of Forms, 
 into effect the provisions of this Ordinance ' shall he invalidated for 
 
 want of form only ; and the Forms contained in the Schedule to this Schedule. 
 Ordinance, or forms to the like effect, may be used in the matters to 
 which they refer, with such variations as circumstances require, and, 
 when used, shall be deemed sufficient. 
 
 37. Service of notice may be made on the Superintendent by de- Service of 
 livery of the notice to him personally or by being sent by post in a notice, 
 letter addressed to the Superintendent, 
 
 38. The production of the warrant or other document in pursuance Evidence as 
 
 of which a boy is directed to be sent to the School, with a statement *°J'?'^' 'f }"g 
 
 1 11 11 i-ii-iii_i detained m 
 
 endorsed thereon or annexed thereto, purportmg to be signed by the the School, 
 
 Superintendent, that the boy mentioned therein is, at the date of etc. 
 
 the signing thereof, detained in the School, or has been otherwise 
 
 dealt with according to law, shall, in all proceedings relating to such 
 
 boy, be evidence of the identity of, and of the due making of the order 
 
 and subsequent detention of, the person named in the warrant or other 
 
 document. 
 
 39. Whenever whipping is awarded under this Ordinance by a "WTiipping, 
 Magistrate, the Magistrate shall specify in the conviction the number 
 
 of strokes, not exceeding twenty-five, and the instrument with which 
 they shall be inflicted. 
 
 40. The Ordinances for the time being in force regulating procedure Procedure 
 
 before Stipendiary Magistrates in the exercise of their summary juris- and appeal. 
 
 diction and appeals from the decisions of Stipendiary Magistrates shall jy^ 12 o/ 1893 
 
 apply to all oifences, payments, and orders in respect of which juris- and No. 13 of 
 
 lo93i
 
 632 
 
 Section 36. 
 
 Section 16. 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1879. 
 
 diction is given to a Stipendiary Magistrate by this Ordinance or which 
 are by this Ordinance directed to be prosecuted, enforced, or made in 
 a summary manner : Provided always that no order of detention made 
 under section 16 shall be subject to appeal. 
 
 SCHEDULE. 
 
 Bbitish Guiana. 
 
 FORMS. 
 
 Form No. 1. 
 Order sending Child to Ondernee)ni)ig School. 
 
 District. 
 
 Be it remembered that on the day of 19 , in pur- 
 
 suance of the Onderneeming School Ordinance, 1879, I, the undersigned Stipen- 
 diary Magistrate of the District, do order that A.B., being a boy 
 apparently of the age of years, and subject to the provisions of the 
 said Ordinance, be sent to the Onderneeming School, and that he be detained 
 there until the day 19 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Section 29. 
 
 Section 29. 
 
 Form No. 2. 
 
 Complaint for enforcing Contribution for Maintena)ice from Parent, etc. 
 
 British Guiana. 
 
 District. 
 
 The complaint of the Superintendent of the Onderneeming School [or, as the 
 case mag be'], made to me, the undersigned Stipendiary Magistrate for the 
 District, this day of 19 , who says that 
 
 one A.B., of the age of years or thereabouts, is now detained in the said 
 
 School under the Onderneeming School Ordinance, 1879, and has been duly ordered 
 and directed to be detained therein until the day of 
 
 19 , and that one C. I)., dwelling in the Parish of in the 
 
 County of is a person liable to contribute to the maintenance of 
 
 the said A. B., and is of sufficient ability to contribute to the support and 
 maintenance of the said A. B.; and the said complainant therefore prays that 
 the said C. D. may be simimoned to show cause why an order should not be made 
 on him so to contribute. 
 
 Exhibited before me, 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 British Guiana. 
 
 Form No. 3. 
 Summons to Parent, etc. 
 
 District. 
 
 To C. P., of 
 
 Whereas complaint has this day been made before me, the undersigned Stipendiary 
 Magistrate for the District, for that you \_here state shortly 
 
 the matter of complaint'] : — This is, therefore, to command you to be and appear 
 on day, the day of 19 , at 
 
 o'clock in the noon at before such Stipendiary Magistrate 
 
 as may then be there, to answer the said complaint, and to be further dealt with 
 according to law. 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Stipendiary Magistrate.
 
 A.D. 1879. 
 
 ONDERNEEMING SCHOOL. 
 
 [No. 1. 
 
 633 
 
 Form No 4. 
 
 Order on I'areiit, etc., lo contribute a Weekly Sum for Mainteuaxce. 
 Bkitibh Guiana. 
 
 DiRTKICT. 
 
 Be it remembered that on this day of 19 , at 
 
 a certain complaint of the Superintendent of the Onderneeming 
 School \or as the cii<ie nun/ h<'\ for that one A. B., of the age of years or 
 
 thereabouts, is now detained in the said School under the Onderneeming School 
 Ordinance, 1879, and has been duly ordered and directed to be detained therein 
 until the day of 19 , and that one C. D., dwelling in 
 
 the Parish of in the County of is a person liable to 
 
 contribute to the maintenance of the said A. B., and is of sufficient ability to 
 contribute to the support ami maintenance of the said A. B., was duly heard by and 
 before me, the undersigned Stipendiary Magistrate for the 
 
 District, in the presence and hearing of the said C. /). ; \^or the said C. D. not 
 appearing to the summons duly issued and served in this behalf] and I, having 
 duly examine 1 into the ability of the said C. P., and on consideration of all the 
 circumstances of the case, do order the said U. B., to pay to the said Superintendent 
 [or to an Agent of the said Superintendent], the sum of per 
 
 week from the date of this order, until the day of 
 
 19 , the same to be paid at the expiration of each fourteen days [or as the case 
 may bc~\. 
 
 Dated this 
 
 Section 29. 
 
 day of 
 
 19 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 Note. — Where an order 
 suit the circumstances. 
 
 is made on several persons, this Form must he varied to 
 
 Form No. 6. 
 
 Warrant of Distress for Amount of Contribution for Maintenance 
 
 in Arrear. 
 British Guiana. 
 
 District. 
 
 To all Members of the Police Force and Constables. 
 
 Whereas on the hearing of a complaint made by the Superintendent of the 
 Onderneeming School {or us the case may be'\ that A.B., of the age of 
 years or thereabouts, is now detained in the said School under the Onderneeming 
 School Ordinance, 1879, and has been duly ordered and directed to be detained 
 therein until the day of 19 , and that one C. D., 
 
 dwelling in the Parish of in the County of is a person 
 
 liable to contribute to the maintenance of the said A. B., and is of sufficient 
 ability to contril)ate to the s\ii)port and maintenance of the said A. B., an order 
 was made on the day of 19 , by 
 
 Stipendiary Magistrate for the District, against the said C. D. to pay 
 
 to the said Superintendent [or as the cue may be'] the sum of per 
 
 week from the date of the said order, until the day of 
 
 19 , the same to be paid at the expiration of each fourteen days [o;- as the 
 case may be] ; And whereas there is due upon the said order the sum of 
 being for [three] periods of [fourteen] days each, and default 
 has been made thererein for the space of fourteen days : — This is, therefore, to 
 command you and every of you forthwith to make distress of the goods and 
 chattels of the said C. D., and, if within the space of [fee] days next after the 
 making of such distress, the said last-mentioned sum, together witli the reascmable 
 charges of taking and keeping the said disti'ess, is not paid, tlu-n that you do 
 sell the goods and chattels so by you distrained, and do pay tlie 'money arising 
 from such sale to my Clerk that he may pay and apply the same as by law 
 directed, and may render the overplus, if any, on demand to the said C. J). ; 
 and if no such distress can be found, then that you certify the same to me, to the 
 end that such proceedings may be had therein as the law requires. 
 
 Dated this day of 19 . 
 
 Section 30. 
 
 (Signed.) 
 
 VOL. I. 
 
 Stipendiary Magistrate. 
 
 43
 
 634 
 
 No. 1.] THE LAWS OF BRITISH GUIANA : [A.D. 1879. 
 
 Section 30. 
 
 British Guiana. 
 
 Form No. 6. 
 
 Coiiiinitment in BefauU of Distress. 
 
 District. 
 
 To all Members of the Police Force and Constables, and to the Keeper of the 
 Gaol at in the Comity of 
 
 Whereas on the hearing of a complaint made by the Superintendent of the 
 Onderneeming School [o?- ^.9 the ease mag be'] that A.B., of the age of 
 years or thereabouts, is now detained in the said School under the Onderneeming 
 School Ordinance, 1879, and has been duly ordered and directed to be detained 
 therein until the day of 19 , and that one 
 
 CD., dwelling in the Parish of in the County of is 
 
 a person liable to contribute to the maintenance of the said A. B., and is of sufficient 
 ability to contribute to the support and maintenance of the said A. B., an order 
 was made on the day of 19 , by 
 
 Stipendiary Magistrate for the District, against the said C. D. to 
 
 pay to the said Superintendent [_or as the cane may be] the sum of 
 per week from the date of the said order until the day of 
 
 19 , the same to be paid at the expiration of each fourteen days \_or as the 
 case may be] ; And whereas afterwards, on the day of 
 
 19 , a warrant was issued to all Members of the Police Force and Constables 
 commanding them and every of them to levy the sum of due upon 
 
 the said recited order, being for \_tJirce'\ periods of \_ fourteen'] days each, by distress 
 and sale of the goods and chattels of the said CD.; A nd whereas a return has this 
 day been made to me, the undersigned Stipendiary Magistrate for the 
 District, that no sufficient goods of the said C. D. can be found : — This is, there- 
 fore, to command you, the said INIerabers of the Police Force and Constables, and 
 every of you, to take the said C. D. and him safely convey to the Gaol at 
 and there to deliver him to the Keeper thereof, together with this precept ; And 1 
 hereby command you, the said Keeper, to receive the said C. D. into your custody 
 in the said Gaol, and there to imprison him [and keep him to hard labour'] for the 
 term of unless the said sum, and all costs and charges of the said 
 
 distress and of the commitment and conveying of the said C. D. to the said Gaol, 
 amounting to the further sum of shall be sooner paid unto you, the 
 
 said Keeper ; And for your so doing, this shall be your sufficient Warrant. 
 
 Dated this day of 19 . 
 
 (Signed.) 
 
 Stipendiary Magistrate. 
 
 A.D. 1879. 
 
 — ♦ — 
 See Ordinance 
 No. 7 of 1887 
 s. 10. 
 
 OEDINANCE No. 2 OF 1879. 
 
 An Ordinance for raising a Loan for Public Purposes. 
 
 [4th October, 1879.] 
 
 WHEHEAS at the Annual meeting of the Combined Court it 
 was, on the 21st day of April, 1879, resolved by the said 
 C((urt as follows : — 
 
 " I. That the Governor and Court of Policy be authorized to cause 
 bonds to be issued to an amount not exceeding in the whole two 
 millioiis and five hundred thousand dollars charged upon the 
 Public Revenues of the Colony not specially approju-iated by any 
 Ordinance now in force, and redeemable, with interest thereon at 
 a rate not exceeding four and one-half per cent, per annum, within 
 any term not exceeding thirty years from the date of issue, subject 
 
 . to the conditions hereinafter expressed, and that the said Loan
 
 A.D. 1879.] PUBLIC LOAN. [No. 2. 635 
 
 may be termed and referred to as " The Public Loan of British 
 Guiana." 
 
 " II. That, within the Umits aforesaid, the said bonds may bear such 
 interest, and be drawn and made payable in such maimer and at 
 such times, as the Governor and Court of Policy may from time 
 to time determine. 
 
 " ITI. That this Court hereby pledges itself to provide on the Annual 
 Estimate for the payment of the interest on the said bonds, and 
 a sufficient sinking fund to redeem the said bonds as drawn. 
 
 " IV. That so long as such Loan shall suffice for the purpose, all 
 sums required to be raised by tlie Government of the Colony to 
 defray the cost of public works of a permanent character, or for 
 advances authorized to be made by the said Government to local 
 authorities, bodies corporate, or persons, shall be raised by means 
 of the said Loan : Provided always — 
 
 "(1.) That no sum shall be raised on account of the said Loan 
 without the sanction of this Court having been first obtained 
 to the special object and to the sum required for such special 
 object being raised by means of the Public Loan of British 
 Guiana ; 
 
 "(2.) That no sum shall be raised on account of the said Loan 
 for any object sanctioned by this Court exceeding in amount 
 the amount authorized by this Court to be raised for the said 
 special object ; and 
 
 "(3.) That where any sum is authorized by this Court to be 
 raised on account of the said ]joan for a special object and any 
 time less than thirty years is specified by this Court within 
 which the said sum is to be repaid, the bonds issued for such 
 object shall be redeemable within the time so specified. 
 
 "V. That the Governor and Court of Policy are hereby requested 
 to pass the necessary Ordinance to give effect to the foregoing 
 Resolutions ; " 
 
 And whereas it is expedient to give effect to the Resolutions 
 aforesaid : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : 
 
 1 . This Ordinance may be cited as the Public Loan Ordinance, Short title. 
 1879. 
 
 2. Where the Combined Court sanctions the cost of any public work Authorization 
 being defrayed by a loan or where the said Court sanctions any 5^^ raising of 
 advance being made on loan to any local authority, body corporate, or exceeding 
 person, it shall be lawful for the Governor, for and on behalf of the $2,500,000. 
 Colony, in order to procure the necessary funds, to borrow and raise 
 
 by loan upon public tender under the provisions of this Ordinance, 
 from time to time and as occasion may require, on the security herein- 
 after mentioned, sums of money not exceeding m the whole two 
 millions and five hundred thousand dollars. 
 
 3. No sum shall be raised on account of the said loan without the Pro\'ision as 
 sanction of the Combined Court having been first obtained to such sum *° sanction of 
 being so raised, and the amount so raised shall be aj pi'opriated for the court, 
 special object sanctioned by the said Court. 
 
 VOL. I. 43a
 
 636 
 
 No. 2.] TFIE LA WS OF BRITISH GUIANA : [A.D. 1879. 
 
 Issue of bonds 
 for sum 
 sanctionerl. 
 
 Schedule. 
 
 Provision as 
 to limitation 
 of time for 
 repayment. 
 
 Prov-ision for 
 repayment of 
 loan. 
 
 Pledging of 
 Colonial 
 Revenues for 
 paj'ment of 
 capital and 
 interest. 
 
 Replacement 
 of defaced 
 bond. 
 
 Replacement 
 of lost or 
 destroyed 
 
 4. — (1.) It shall be lawful for the Governor, for and on liehalf of the 
 Colony, from time to time and as occasion may require, to cause bonds 
 to be issued in the Form contained in the Schedule to this Ordinance, 
 or as near thereto as circumstances will admit, signed by the Govern- 
 ment Secretary and the Receiver General for the time being, or by 
 such other persons on behalf of the Colony as may thereto be specially 
 authorized by the Governor-in-Council. 
 
 (2.) Each bond shall be for the sum of four hundred and eighty 
 dollars or one hundred pounds sterling, or of nine hundred and sixty 
 dollars or two hundred pounds sterling, or of two thousand and four 
 hundred dollars or five hundred pounds sterling, or of four thousand 
 and eight hundred dollars or one thousand pounds sterling, payal)le to 
 bearer at the expiration of such numljer of years, not exceeding thirty, 
 from the time of issue and bearing interest to be paid half-yearly at 
 such rate not exceeding four and one-half per cent, per annum, as 
 may from time to tune be determined by the Governor-in-Council. 
 
 5. Where the Comljined Court directs that the amount raised for 
 any special object shall be paid within any less number of years than 
 thirty, the bonds drawn for the purpose of raising the necessary funds 
 shall be so drawn as that the whole of the said bonds shall become 
 payable within the time specified by the Combined Court 
 
 6. — ( 1.) In order to provide for the repayment of the said loan, there 
 shall be set apart from the Colonial Revenues each year, in addition to 
 the interest on the amount of the bonds from time to time issued under 
 this Ordinance, such a proportionate part of the capital sum of the said 
 bonds as will be sufficient in the aggregate to pay the said capital sum 
 when the same becomes payable. 
 
 (2.) The amount to be so set apart each year for the repayment 
 of the capital sum raised for each special object sanctioned by the 
 Combined Court shall be an equal proportion of the capital sum so 
 raised. 
 
 (3.) Where the sum set apart each year cannot be immediately 
 applied to the redemption of the l»nds to which it is applicable, it shall 
 be invested under the direction of the Governor until the same, with 
 the accruing interest, can be so applied : Provided always that when, 
 in determining the aiiiount to be set apart each year, any allowance 
 is made for interest to accrue on the sums to he invested, the interest 
 to be obtained shall not be estimated at a higher rate than four per 
 cent per annum. 
 
 7. During the continuance of this Ordinance, all the Colonial 
 Revenues not specially appropriated by any Ordinance already in force 
 shall be held to be pledged for the payment of the principal and interest 
 becoming due in respect of the bonds issued under the provisions of 
 this Ordinance. 
 
 8. — (1.) In case any bond issued under this Ordinance is by accident 
 defaced, it shall be lawful for the Governor to cause a new bond to be 
 made and delivered to the Ijearer, and to cause the defaced bond to be 
 cancelled. 
 
 (2.) The new 1 ond shall l)ear the same interest and be subject to 
 the same rules as the original bond. 
 
 9. The Governor, on proof to his satisfaction that any bond issued 
 under this Ordinance has by accident been lost or destroyed before the
 
 A.D. 1879.] 
 
 PUBLIC LOAN. 
 
 [No. 2. 
 
 637 
 
 same has been paid off, may, if the nuiiiljer and amount of such bond bond, or pay- 
 are ascertained and on due security being given, to his satisfaction, for jf ovlnluT"^' 
 indemnifying tlie Colonial Government for any loss to which the said 
 Government may at any time be subjected by reason thereof, issue 
 a new bond, corresponding in all respects with the bond so lost or 
 destroyed ; or, if any bond, when so lost or destroyed, is overdue, the 
 Governor may cause the money due thereupon to be paid off and 
 discharged. 
 
 SCHEDULE. 
 
 Form of Bond 
 The Governor of British ^^l 
 Guiana is authorized by the ^^^^ 
 Public Loan 
 
 Section 4. 
 
 )^ British Guiana. 
 
 riiblic Loan Bond. 
 
 1- ^SSiSi Issued undek the Public Loan Ordinance, 
 
 Ordinance, ^gg?5' ^gyg 
 
 1879, to cause this Bond 
 to be issued, and all the 
 Revenues of British Guiana 
 
 *t^ 
 
 
 Series 
 
 No. 
 
 The Undersigned, the Government Secretary 
 ^^^^ and the Receiver General \_or 
 
 being specially hereto authorized by the 
 ^^^^ Governor- in-Council] of British Guiana, for and 
 not specially appropriated jf^S^^^s ^^ behalf of the said Colony, do hereby acknow- 
 
 '^f&w^ ledge that the Colony ot British Guiana is 
 by any Ordinance in force ^>^« indebted unto " " ' 
 
 before the passing of the ^^ 
 Loan Ordinance, '^^. 
 
 Public 
 
 5^of . _ 
 
 ^'^ of which at 
 
 of 
 
 or bearer, in the sum 
 
 for the payment 
 
 on the day of 
 
 1 , with interest at the rate 
 
 per cent, per annum, payable half-yearly 
 
 1879, are pledged by the '^^" at the same place, on the successive days 
 
 .(25X 
 
 last-mentioned Ordinance 
 
 ^of 
 
 and 
 
 next ensuing the date of 
 
 a, this Bond, on the surrender of the ix'spective 
 
 ^^3^ Interest Warrants hereto attached, the Colonial 
 for the payment of the ^^ 1^3^^,^^^^,^ ^^g ple^lged as Security under the pro- 
 
 • , , * tu- Tj T f^(?5)/a visions of the Public Loan Ordinance, 1879. 
 
 capital sum oi this Bond, ^^t>^ ' 
 
 with the interest accruing ^5>^ this 
 
 thereon, and due provision ^^§ 
 
 for the redemption of this 
 Bond is prescribed by the 
 said Ordinance. 
 
 >^ 
 
 ^1^1^?? 
 
 Given under our Hands at 
 
 day of 1 
 
 A.B., Government Secretari/. 
 CD., Receiver General, 
 [or A.B., 
 
 CD. , Specially authorized to 
 sign this Bond by the 
 Governor-in-Council.j 
 
 "^m 
 
 Recorded 
 Coupons. 
 
 Series 
 
 Bond No. 
 
 Auditor General. 
 
 Interest "Warrant No. 
 
 The Undersigned, the Grovernment Secretary and the Receii-er (-ieneral [or 
 being sijeciilly hereto authorized by tlie Governor-in- Council] of British Guiana, 
 hereby undertake, for and on behalf of the said Colony, to pay the Bearer, on the 
 day of 1 , at the sum of Dollars, being One- 
 
 Half Year's Interest on their Bond No. 
 
 A.B., Governuient Secretary. 
 CD., Receiver General. 
 
 [or A.B., 
 
 CD., Specially authorized to 
 sign this Coupon by the 
 Governor-in-Council.]
 
 638 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1880. 
 
 ORDINANCE No. 2 OF 1880. 
 
 A. D 188 0. An Ordinance to facilitate the Removal of Wrecks 
 obstructing; Navigration. 
 
 B 
 
 [9tli June, 1880.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 Short title. 
 
 Exception of 
 certain ships. 
 
 Power to the 
 Comptroller 
 of Customs to 
 remove wreck 
 obstructing 
 navigation. 
 
 Extension of 
 powers of 
 removal to 
 
 1. This Ordinance may be cited as the Wrecks Removal Ordinance, 
 1880. 
 
 2. This Ordinance shall not apply to any ship belonging to His 
 Majesty, and shall not apply to any ship belonging to any Foreign 
 Government recognized by His Majesty, unless such ship has been 
 abandoned by such Government 
 
 3. Where any vessel is sunk, stranded, or abandoned in any fairway 
 in the Colony or the adjacent sea, or in or near any approach to any bay, 
 port, or harbour of the Colony or the adjacent sea, or on the seashore 
 in the Colony or the adjacent sea, or in any of the territorial waters of 
 the Colony, the Comptroller of Customs, if, in his opinion, such vessel 
 is or is likely to be an obstruction or danger to navigation, may take 
 possession of, and raise and remove or destroy, the whole or any part 
 of the vessel, and light or buoy any such vessel or part until the 
 raising, removal, or destruction thereof, and may sell, in such manner 
 as he thinks fit, any vessel or part so removed, and may, out of 
 the proceeds, pay all expenses incurred in so doing, and shall pay 
 over the surplus, if any, of such proceeds to the persons entitled 
 thereto : 
 
 Provided as follows : — 
 
 (1.) Except in the case of property which is of a perishable nature 
 or which would deteriorate in value by delay, a sale shall not be 
 made under this Ordinance until at least seven clear days' notice 
 of the intended sale has been given by advertisement in at least 
 two newspapers published in the Colony ; and 
 
 (2.) At any time before any property is sold under this Ordinance, 
 the owner thereof shall ))e entitled to have the same delivered to 
 him, on payment to the ConaptruUer of Customs of the fair market 
 value thereof, to be ascertained by agreement between the Comp- 
 troller of Customs and the owner, or, failing such agreement, by 
 some person to be named for the purpose by the Government 
 Secretary, and the sum paid to the Comptroller of Customs as the 
 value of any property under this provision shall, for the purposes 
 of this Ordinance, be deemed to be the proceeds of sale of that 
 property. 
 
 4. The provisions of this Ordinance sliall apply to every article or 
 thing or collection of things being or forming part of the tackle,
 
 A.D. 1880.] 
 
 WRECKS REMOVAL. 
 
 [No. 2. 
 
 639 
 
 equipments, cargo, stores, or ballast of a vessel in the same manner as if tackle, 
 it wore included in the term " vessel " ; and, for the purposes of this gar'go""eU!!^' 
 Ordinance, any proceeds of a sale arising from a vessel and from the 
 cargo thereof or any other property recovei'ed therefrom shall be 
 regarded as a common fund. 
 
 5. — (1.) If such fund is more than sufficient to pay all expenses, the Disposal of 
 persons entitled to the property sold shall have in the same proportions proceeds of 
 similar rights to the balance of the fund, and, for th(; purpose of vessel, etc. 
 ascertaining the portion payable to the owner of any property sold, the 
 value of his pi'operty, as compared with the value of the other property 
 sold, shall be deemed to be the amount of the proceeds realized by the 
 sale of such pi-operty, if the same can be ascertained, and, if not, as 
 near thereto as can be estimated. 
 
 (2.) Where there is any dispute or doubt as to the persons entitled 
 or as to the share of the balance payable to any person, the Comptroller 
 may pay the whole of the balance of the fund into the Registry of the 
 Court. 
 
 6. No action shall lie against the Comptroller of Customs for Protection 
 anything done by him, or by any one acting under his directions or of *lie 
 authority, in or about the raising, removal, destruction, or sale of any ^f Customs 
 vessel or of any article or thing or collection of things being or form- and those 
 ing part of the tackle, equipments, cargo, stores, or ballast of any vessel, y^^^^^ceftain 
 sunk, stranded, or abandoned, and which was, in the opinion of the cases. 
 Comptroller of Customs, likely to be an obstruction or danger to the 
 navigation along the coasts or to the ports of the Colony on the 
 
 ground that the act complained of was done without the limits of the 
 Colony. 
 
 7. Where any vessel is sunk or stranded in or near the Harbour of Taking of 
 Georgetown or in or near the fairway leading thereto, the Harbour ^hriiarbour'"^ 
 Master of Georgetown, and where any vessel is sunk or stranded in or Master, 
 near the Port of New Amstei'dam or in or near the fairway leading 
 
 thereto, the Harbour Master of New Amsterdam, shall, as soon as they 
 become aware of the fact, adopt such measures of precaution as the 
 circumstances of the case may appear to them to require and may be 
 within their command, and shall notify the casualty to the Comptroller 
 of Customs and aflbrd to the Comptroller of Customs such assistance 
 as they may be able to render. (Amd. 6 of 1904, s. 5.) 
 
 8. The Comptroller of Customs, and all persons acting under his Protection 
 direction or control, shall be entitled to the benefits of the Justices Comptroller of 
 Protection Ordinance, 1850. Customs, etc. 
 
 No. 2 of 1850.
 
 640 No. 3.] THE LA WS OF BRITISH GUIANA : [A.D. 1880. 
 
 ORDINANCE No. 3 OF 1880. 
 
 A.D. 1880. An Ordinance to make provision for Inquiry into 
 * the Origin of Fires and of Occurrences resulting 
 
 in Serious Injury. 
 
 [9th June, 1880.] 
 
 T) E it enacted by the Governor of British Guiana, with the advice 
 
 Short title. 
 
 and consent of the Court of Policy thereof, as follows :- 
 
 1. This Ordinance may be cited as the Fires Inquiry Ordinance, 
 1880. 
 
 Interpretation 2. In this Ordinance " Inquiry " means an inquiry under this 
 of terms. Ordinance. 
 
 Making of 
 inquiry into 
 origin of fires 
 and certain 
 other 
 occurrences. 
 
 3. Where any fire occurs causing injury to person or property, or 
 in respect of which there is reasonable ground to suspect that a crime 
 has been committed, or where any occuri-ence takes place resulting in 
 serious injury to person or property, the Stipendiaiy Magistrate of the 
 District in which such fire or occurrence has taken place, shall, if he 
 considers it expedient or is required by the Attorney-General to do so, 
 make inquiry into the origin of such fire or occurrence. 
 
 Summoning of 
 witnesses, and 
 taking of 
 evidence. 
 
 4. — (1.) The Stipendiary Magistrate may summon such witnesses 
 as he may deem necessary, and shall examine them upon oath touching 
 the matter of the inquiry. 
 
 (2.) The evidence of every witness shall be taken down in writing 
 by the Stipendiary Magistrate, and distinctly read over to and sub- 
 scribed by such witness in the presence of the Stipendiary Magistrate. 
 
 Committal of 
 witness failing 
 to appear or 
 of witness 
 refusing to 
 give evidence. 
 
 5. — (1.) If any person summoned as a witness at any inquiry refuses 
 or neglects to appear at the time and place appointed by the summons 
 and otherwise to comply with the same, and if no just excuse is offered 
 for such refusal or neglect, then (after proof upon oath of such summons 
 having been served upon such p(!rson, either personally or Ijy leaving 
 the same for him with some person at his place of abode) it shall be 
 lawful for the Stipendiary Magistrate to issue a warrant, under his 
 hand, to Ijring and have such person at a time and place therein men- 
 tioned, before him to testify as aforesaid. 
 
 (2.) If, on the appearance of the person so summoned, either in 
 obedience to the summons or upon being brought by virtue of the 
 warrant, such person refuses to be examined upon oath concerning the 
 preniisi^s, or refuses to take such oath, or, liaving taken such oath, 
 refuses to answer such questions concerning the premises as may be 
 then put to him, or refuses to jiroduce any document which he may be 
 suunnoned to produce, or refuses to sul)scribe his deposition, the 
 Stipendiary Magistrate may, by warrant under his hand, commit the
 
 A.D. 1880.] IXQUIRY AS TO FIRES, ETC. [No. 3. 641 
 
 person so refusing to any ordinary Prison of the Colony for any time 
 not exceeding seven days, unless lie shall in the meantime consent to 
 be examined and to answer concerning the premises, or to produce 
 such documents, if any, oi- to sul)scribe his deposition, as the case 
 may be. 
 
 6. The Attorney CJeneral or anyone on his behalf, the Inspector Powers to 
 General of Police, or any Inspector of Police, or any person wliose certain persons 
 conduct may be called in question or who may be affected by the result j^ inquiry."^ 
 of the inquiry, may attend at the inquiry and examine or cross-examine 
 any witnesses, and may require that any witness shall be examined. 
 
 7. — (1 ) A Stipendiary Magistrate, on becoming aware of any fire or Powers of 
 occurrence as to the origin of which it appears expedient to hold an inagistrrte! 
 inquiry, may do all or any of the following things, that is to say, — 
 
 (rt. ) He may from time to time himself inspect, or, by order in 
 writing under his hand, authorize and direct any person or 
 persons to inspect the locality where the fire or occurrence 
 has taken place, and make such examination and take such 
 photographs as he or they may deem expedient ; 
 
 (6.) He may, by order in writing under his hand, require that 
 the place in and near which the fire or occurrence has taken 
 place shall be left undisturbed, and that no article or thing 
 shall be removed therefronj, for such reasonable time, to be 
 .specified in such order, as may be necessary for the purposes 
 of the inquiry, and the time mentioned in any such order 
 may be extended by a like order in writing. While any such 
 order remains in force every member of the Police Force shall 
 liave full authority to remain in possession of such place and 
 to prevent any person from going thereon and any article or 
 thing from being disturbei or removed ; 
 
 (c.) He may, by an order in writing under his hand, authorize 
 any memljers of the Police Force, without naming such mem- 
 bers, to take and keep possession of any article or thing which 
 he deems it necessary should be safely kept for inspection or 
 production at the inquiry ; and 
 
 {d.) Where any article or thing, the production of which there 
 is reason to consider is necessary for the purposes of the 
 inquiry, has been removed or is concealed, he may, by war- 
 rant under his hand, empower any members of the Police 
 Force, without naming such members, to search for such 
 article or thing and, when found, to keep possession of the 
 same for production at the inquiry : 
 
 Provided as follows, that is to say, if any person feels aggrieved by 
 any oi'der of a Stipendiary Magistrate made under the provisions of 
 this section, he may, on an athdavit of the facts and without notice, 
 except as hereinafter directed, apply by motion to a Judge of the 
 Supreme Court of British Guiana in its civil jurisdiction to vary or 
 annul the order of the Stipendiary Magistrate, and the Judge is hereby 
 authorized to make such order as the circumstances may require. 
 Every person who wishes to make any such application shall, twenty- 
 four hours at least before making the application, leave at the chambers 
 of the Attorney General a notice in writing of his intention to apply 
 and a copy of every affidavit which he intends to use on making such 
 application.
 
 642 
 
 No. 3.] THE LAWS OF BRITISH GUIANA : [A.D. 1880. 
 
 (2.) Every person who obstructs the Stipendiary Magistrate, or 
 any person acting under his order or direction, shall be guilty of an 
 offence punishable on summary conviction, and, being convicted thereof, 
 shall be liable to a fine not exceeding two hundred and forty dollars 
 or to imprisonment, with or without hard labour, for any term not 
 exceeding one month. 
 
 Expenses of 
 witnesses and 
 of inquiry. 
 
 8. A witness examined on an inquiry may receive such reasonable 
 remuneration as the Stipendiary Magistrate may certify should be 
 allowed, not exceeding in any case what would be allowed to the 
 witness for attendance at the Supreme Court of British Guiana in its 
 civil jurisdiction, and all the expenses of an inquiry shall be defrayed 
 from the sum annually voted for the miscellaneous expenses of the 
 administration of Justice. 
 
 Inquiry to be 
 public. 
 
 Finding of 
 Magistrate, 
 etc. 
 
 9. Every inquiry shall be conducted publicly. 
 
 10. After all the witnesses have been examined and the Stipendiary 
 Magistrate has made full investigation into the subject-matter of the 
 in(|uiry, he shall record in writing his opinion as to the origin of the 
 fire or occurrence in respect of which the inquiry is held, and shall 
 sign such opinion, and, as soon thereafter as may be practicable, shall 
 transmit the same to the Attorney General, together with all the 
 depositions taken and the documents produced. 
 
 Use of forms. 
 
 See Ordinance 
 No. 12 of 1803. 
 
 11. The forms of summonses and warrants authorized to be used 
 under any Ordinance for the time being in force regulating procedure 
 before Stipendiary Magistrates in the exercise of their summary juris- 
 diction may, with the necessary modifications, be used for summonses 
 and warrants under this Ordinance. 
 
 ORDINANCE No. 6 OF 1880. 
 
 A.D. 1880. 
 
 Ordinances 
 No. 3 of 18G0, 
 No. 27 of 1862, 
 No. 23 of 1864, 
 No. 12 of 1865, 
 and No. 4 of 
 1868 
 incorporated. 
 
 Short title. 
 
 An Ordinance to anialoamatc the I\eoistrar's Office of 
 Denierara and Esscquebo aiitl the Ixegistrar's Office 
 of Berbice. 
 
 [28th August, 1880.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 B 
 
 1. This Ordinance may be cited as the Registrar's Ordinance, 
 1880. 
 
 Iiegisirar\s O^ffice mid Oj/icers. 
 
 Amalgamation 2. — (1.) The Registrar's Oflice of the Counties of Demerara and 
 of Offices, Essequebo and the Registrar's OlUce of tlie County of Berbice are
 
 A.D. 18S0.] REGISTRAR. [No. 6. 643 
 
 hereby amalgamated and shall in future he one Office or Department 
 and shall be called and known as "The llegistrar's Olhce of British 
 Guiana." 
 
 (2.) Such Office is hereinafter referred to as "The Registrar's 
 Office "or "the Ollice." 
 
 3. — (1.) His Majesty may appoint a Registrar of Bi-itish Guiana, Appointment, 
 and such number of Sworn Clerks and Notaries Public and such tenure of office, 
 number of Assistant Sworn Clerks as may be necessary, and an ^f officers. 
 Accountant, of the Registrar's Office. 
 
 (2.) All such officers shall hold office during His Majesty's 
 pleasure : Pi'ovided always that no person shall be appointed a Sworn 
 Clerk and Notary Public until he has been examined and obtained a 
 certificate of competency as now required by law. (Amd. 22 of 1903, 
 s. 7 (2).) 
 
 4. — (1.) The Registrar, each Sworn Clerk and Notary Public, and Giving of 
 the Accountant in the Ptegistrar's Office, who may not have already certaiVofficers. 
 given security, shall respectively give security, by himself and two 
 sureties, jointly and severally, to such an amount as may be deter- 
 mined by the Governor-in-Council, for the true and faithful performance 
 of his duties and for the accounting for and payment of all sums of 
 money received by him. 
 
 (2.) The first security bond given by the Registrar, each Sworn 
 Clerk and Notary Public, and the Accountant as aforesaid shall take 
 efiect as from the date of the appointment of any such officer. 
 
 5. — (1.) No person shall be appointed a Sworn Clerk and Notary Examination 
 Public unless he has first been examined by two at least of the f oj.'^o!|-ce of*^ 
 Judges of the Supreme Court and has received from them a certificate Swom Clerk 
 of his fitness to discharge the duties of the said office. and Notar}- 
 
 (2.) Whenever a vacancy occurs in the said office, the Supreme 
 Court, or any two of the Judges thereof, shall, on the application of 
 the Governor, proceed to examine any candidate or candidates to be 
 named by him ; and in the event of there being at any one time more 
 than one candidate for the said office, the person who may be certified 
 by the examining Judges to have passed the best examination shall be 
 preferred for the appointment. 
 
 6.— (1.) Whenever the Governor, in the name and on behalf of His Case in which 
 Majesty, appoints provisionally and until His Majesty's pleasure is Q^^g^^f Sworn 
 known any Sworn Clerk and Notary Public in this Colony to fill any clerk and 
 other office, either by way of promotion in the department to which ^^°^?^/ Public 
 he belongs or otherwise howsoever, a vacancy in the particular office of deemed to 
 Sworn clerk and Notary Public held by him previous to such appoint- occur, etc. 
 ment shall be deemed to have thereby occurred within the meaning 
 and for the purposes of the last preceding section, and it shall be the 
 duty of the Supreme Court, or any two of the Judges thereof, there- 
 upon and on the application of the Governor, to proceed to examine 
 any candidate or candidates to be named by him, and to certify as to 
 the fitness of such candidate or candidates in the manner provided by 
 the said section. 
 
 (2.) It shall be competent to the Govei'nor, if he thinks fit, to 
 name as a candidate at any such examination any Sworn Clerk and 
 Notary Public who has been already appointed after examination, as 
 well as any other person
 
 644 
 
 No. 6.] THE LA WH OF BRITISH GUIANA : [A.D. 1880. 
 
 Filling of 
 acting ap- 
 pointment of 
 Sworn Clerk 
 and Notary 
 Public. 
 
 Application 
 for certificate 
 of fitness for 
 office of Sworn 
 Clerk and 
 Notary Public. 
 
 Duties of 
 Sworn Clerk 
 and Notary 
 Public and of 
 Assistant 
 Sworn Clerk. 
 
 First 
 Schedule. 
 
 Payment over 
 of fees received 
 for drawing 
 documents. 
 
 Appointment 
 and salaries of 
 clerks and 
 copyists. 
 
 Fiuther 
 provisions as 
 to copyists. 
 
 7. — (1.) Whenever leave of absence is granted to any Sworn Clerk 
 and Notary Public, it shall be lawful for the Governor to appoint any 
 person to act for him during his absence, provided such person has 
 been examined by two of the Judges of the Supreme Court and has 
 been certified by them to be fit to discharge the duties of the said 
 office. 
 
 (2.) It shall be the duty of the Supreme Court or any two of the 
 Judges thereof, on the application of the Governor, to proceed to 
 examine any person to be named by him as a candidate for such acting 
 appointment, and to certify as to his fitness for the office in question. 
 
 8. Where any Assistant Sworn Clerk, or other person holding office 
 in the Registrar's Office, desires to obtain a certificate of his fitness to 
 discharge the duties of a Sworn Clerk and Notary Public, he may 
 apply to the Judges of the Supreme Court to be examined ; and 
 thereupon it shall be lawful for the Judges to proceed to examine the 
 person so applying, and, if he is found to be competent, to grant a 
 certificate of his fitness to discharge the duties of the office, although 
 there may be, at the time of the application, no vacancy in the office of 
 Sworn Clerk and Notary Public. 
 
 9. — (1.) Each Sworn Clerk and Notary Public may lawfully do and 
 perform all or any of the duties and services which the Registrar is 
 authorized to do and perform ]>y this Ordinance or by any other 
 Ordinance now in force, and may lawfully demand and receive on 
 behalf of the Office the fees in respect of such duties and services for 
 the time being lawfully prescribed. 
 
 (2.) Each Assistant Sworn Clerk may lawfully do and perform all 
 or any of the duties and services mentioned in the First Schedule to 
 this Ordinance in the same manner, to all intents and purposes, as if 
 he were a Sworn Clerk and Notary Public, and may lawfully demand 
 and receive on behalf of the Office the fees in respect of such last- 
 mentioned duties and services for the time being lawfully prescribed. 
 
 (3.) Each Sworn Clerk and Notary Public and Assistant Sworn 
 Clerk shall likewise perform all such duties as a clerk and copyist in 
 his Office as the Registrar may from time to time assign to him. (Amd. 
 17 of 1901, s. 9.) 
 
 10. The Registrar, and every Swoi'n Clerk and Notary Public or 
 Assistant Sworn Clerk, who draws up any document of any kind or 
 description whatsoever, for fee or reward, without paying the whole 
 of such fee or reward to the credit of the Office shall be liable to 
 dismissal. 
 
 11. — (1.) The Registrar may, with the approval of the Governor, 
 employ such clerks and copyists as may be necessary for the purpose 
 of conducting the business of the Office with efficiency and despatch. 
 
 (2.) Such clerks and copyists shall receive such salaries respectively 
 as the Governor may from time to time sanction. 
 
 (.3.) The number of such clerks and copyists may from time to 
 time be increased or diminished by the Registrar, with the approval 
 of the Governor, as the l)usiness of the Office may retjuire. 
 
 12. — (1.) No salary of any copyist shall at any time be considered 
 as part of the expenses of the Registrar's Ofiice, unless the appointment 
 of such copyist, and the amount of his salary, are sanctioned by the 
 Governor.
 
 A.D. 1880.] REGISTRAR. [No. 6. 645 
 
 (2.) The Governor may at any time oi'der the dismissal from the 
 Registrar's Office of any copyist employed there, whether on salary 
 or not. 
 
 Branch Offices. 
 
 13. There shall be a Branch Office of the Registrar's Office at New of'Brancir^'^ 
 
 Amsterdam in the County of Berbice. Office at New 
 
 Amsterdam. 
 
 14. It shall be lawful for the Registrar, with the sanction -of the Power to 
 
 Governor, to estabhsh such other Branch Offices of the Registrar's establish other 
 ,,^ ' ., „ , '^ Branch Offices. 
 
 Office as to the Governor may seem meet. 
 
 15,_(1.) The Berbice Branch of the Registrar's Office shall, under Officers of 
 the direction of the Registrar, be always in charge of one of the Sworn Branch Office. 
 Clerks and Notaries Public, who may from time to time be reheved 
 under the like direction by another of such officers. 
 
 (2.) The Registrar may also assign to the Berbice Branch Office 
 an Assistant Swoni Clerk and one or mox-e clerks as may from time to 
 time be required for the business of the said Office. 
 
 Fee Fund in Demerara and Esseqicebo. 
 
 16. The following provisions with respect to a Fee Fund shall have Provisions as 
 effect in the case of the Registrar's Office in the Counties of Demerara pj y^^j'jij 
 and Essequebo, that is to say, — • Demerara and 
 
 (1.) The fees of the Office shall l)e regularly paid in by the Registrar ''^'^'i^^^^- 
 to the Receiver General to the credit of a Fee Fund ; 
 
 (2.) The Registrar, on preparing, executing, recording, or depositing 
 each document or instrument whatsoever, whether original, grosse, 
 or copy, shall, before giving off the same, demand and receive the 
 amount of the fees, if any, payable in respect of the original and 
 grosse, or copy of the same, and also in respect of any advertise- 
 ment or stamp connected therewith ; 
 
 (3.) On receipt of such fees, the Registrar shall enter in a cash fee 
 
 book, to be kept for that purpose in the Form No. 1 contained in Second 
 
 the Second Schedule to this Ordinance, the number of such docu- lo^^^^jj^; j^ 
 
 ment or instrument, the nature thereof, the names of the parties 
 
 thereto, the name of the person requiring the same, the amount of 
 
 fees paid for the same, and the name of the person to whom the 
 
 same is delivered, and such entries shall in each year be numbered 
 
 in arithmetical sequence commencing with number one ; 
 
 (4.) No document or instrument shall be given off by the Registrar 
 until the entries in respect thereof have been made and the fees 
 received for the same have been paid over to the cashier of the 
 Office for the time being, and a receipt for the same signed and 
 initialed by him : Provided always that, in cases of arrest or- other 
 matters of emergency, where any documents are prepared out of 
 the usual office hours, the same may be given off on payment of 
 the fees without any entry being made thereof or receipt of the 
 cashier obtained at the time ; but the Registrar shall in all such 
 cases write and sign on such document an interim receipt for the 
 fees, and shall take on a slip of paper a memorandum of the 
 particulars of the document, and enter the same the next day in 
 the cash fee book and pay the fees to the cashier, and as soon 
 thereafter as such document can be obtained and brought to the
 
 646 No. 6.] THE LA WS OF BRITISH GUIANA : [ A.D. 1880. 
 
 Office the number shall be filled in and the receipt of the cashier 
 obtained ; 
 
 (5.) On the first day of each month, the Registrar shall produce to 
 the Receiver General his cash fee book containing the record of 
 all fees received during the preceding month, together with an 
 absti'act thereof signed by him, and he shall then pay over such 
 fees to the Receiver General ; and he shall at the same time submit 
 a list or schedule of all the expenses incurred during the preceding 
 month for clerks' salaries, advertisements, stationery, and other 
 necessary expenses ; and 
 
 (6.) The Registrar shall pei'form the duties of cashier himself, or 
 shall depute, by writing under his hand, the Accountant of the 
 Office, or, in his absence, one of the Sworn Clerks and Notaries 
 Public, to perform such duties. 
 
 Provisions as 
 to fees and 
 Fee Fund in 
 Bei'bice. 
 
 Second 
 Schedule : 
 Form No. 1. 
 
 Fee Fund in Berbice. 
 
 17. The following provisions with respect to a Fee Fund shall have 
 effect in the case of the Berbice Branch Office of the Registrar's Office, 
 that is to say, — 
 
 (1.) The fees of the Office shall be regularly paid in by the Sworn 
 Clerk and Notary Public in charge of the Office to the Assistant 
 Receiver General, to the credit of a Fee Fund ; 
 
 (2.) Every document, original or copy, in respect of which any fee 
 may be payable at the Office, and every receipt for any fee of 
 such Office, shall, on payment of such fee, be entered in a book to 
 lie kept in the Form No. 1 contained in the Second Schedule to 
 this Ordinance, and which shall be the cash fee book for the 
 purposes of this Ordinance ; and every such document and receipt 
 shall have the number, the year, and the amount of such fee fairly 
 and legibly written thereon by the said Sworn Clerk and Notary 
 Public ; and all entries in such cash fee book shall in each year 
 be numbered in arithmetical sequence ; and every such fee shall 
 be received by the said Swoi'n Clerk and Notary Public, and shall 
 be paid in by him to the Assistant Receiver General, who shall 
 write or stamp his name and official designation under such 
 writing of the said Sworn Clerk or Notary Public ; and, immediately 
 on so writing or stamping his name, shall make a corresponding 
 entry of such fee in a book to be kept by him for that purpose, 
 and to be called " The Registrar's Fee Fund Book, Berbice"; and 
 no document or receipt coming within the provisions of this 
 Ordinance shall, except as provided in the next succeeding sub- 
 section, be received in evidence in any Court, or by any Judge, 
 Justice of the Peace, or other legal authority in this Colony, 
 without its being so written on or stamped as aforesaid by the 
 Assistant Receiver General ; 
 
 (3.) No document or receipt shall be given olF by the said Sworn 
 Clerk and Notary Public, without its being written on or stamped 
 as aforesaid by the Assistant Receiver General : Provided that, 
 in cases of arrest or other emergency, where documents are prepared 
 out of the usual office hours, the said Sworn Clerk and Notary 
 Public may give off sucli 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,
 
 A.D. 1880. 
 
 REGISTRAR. 
 
 [No. 6. 
 
 C47 
 
 may be received in evidence for forty-eight hours after such 
 date, but the Registrar shall, at the time of giving any such 
 interim receipt, write the amount of the fees for which the same 
 is given on a slij) of paper, which he shall hand as soon as possible 
 to the Assistant Receiver (Jeneral ; and, within the aforesaid 
 space of forty-eight hours, every such document shall be entered 
 in the said cash fee book, and numljered to correspond with the 
 same, and shall be taken to the Assistant Receiver General for 
 the purpose of being written on or stamped as hei'einljefore 
 provided ; and, after the expiration of the said space of forty-eight 
 hours, such document shall not be received in evidence, until the 
 same has been written on or stamped as aforesaid by the Assistant 
 Receiver General ; and 
 (4.) On sf)me day, not later than the third day, of each month, the 
 said Sworn Clerk and Notary Public shall produce to the Assistant 
 Receiver General the cash fee book kept by him during the 
 preceding month, together with an abstract thereof, signed by 
 him, and shall at the same time submit a detailed statement, 
 showing also the aggregate of all the expenses of the Office, of 
 whatever kind, incurred during the preceding month. 
 
 General Fee Fund. 
 
 18.^ — (1.) The Fee Funds hereinbefore mentioned shall be consoli- Consolidation 
 dated and form one Fee Fund of the Registrar's Office of British of Fee Funds. 
 Guiana which shall, so long as the Legislature of the Colony make due 
 provision for the maintenance of the Civil List Establishment of the 
 Colony, to the satisfaction of His Majesty, and no longer, be sultject 
 to the appropriation and under the control of the Governor and Court 
 of Policy for the purpose of carrying on the said Office. 
 
 (2.) From and out of the said Fund the Receiver General or the 
 Assistant Receiver General shall, upon the warrant of the Governor, 
 pay all salaries and expenses of the Office. 
 
 19.^ The Registrar shall, in the months of January and July of Making of 
 every year, make up and render to the Court of Policy a detailed state- half-yearly 
 ment of the fees received under each head of the tariff, and of the costs, fees^received. 
 charges, and expenses of his Office, under each head of disbursement, 
 incuri-ed during the preceeding half-year. 
 
 Records of the Supreme Court. 
 
 20. All the records of the Supreme Court of British Guiana in its 
 criminal jurisdiction in and for the Counties of Demerara and Esse- 
 i|ue})0, and all depositions and other documents connected therewith, 
 shall be kept and preserved in the Registrar's Office for Demerara and 
 Essequebo in the care and custody of the Registrar ; and the Account- 
 ant in the said Office shall charge and receive and pay over to the 
 Registrar the fees allowed by the Fees and Costs (Supreme Court) 
 Ordinance, 1855,- for copies of depositions, and also the fees allowed 
 by any Ordinance for the time being in force for subpoenas when 
 required by or on behalf of any person to be tried before the said 
 
 ^ See now, however, s. 7 of the Civil List Ordinance, 1904. (No. 18 of 1904.) 
 - Eepealed by Ordinance No. 17 of 1901, and other provisions made in lieu. 
 
 Keeping of 
 records of the 
 Supreme Com-t 
 in its criminal 
 jurisdiction in 
 Demerara and 
 Essequebo. 
 
 See Ordinance 
 No. 19 of 1893.
 
 648 
 
 No. 6.] THE LA WS OF BRITISH GUIANA : [A.D. 1880. 
 
 Court ; but no charge shall be made against the Colony for any service 
 performed, or for the preparation of any subpcena or document required 
 to be given off, copied, made, signed, or certified by the Registrar, at 
 the instance of the Crown. 
 
 Keeping of 
 separate 
 records of the 
 Supreme Court 
 in its civil 
 jui'isdiction. 
 
 21. The Registrar shall set apart, and keep separate from all other 
 books, deeds, acts, and documents of every kind and description in his 
 Office, the records of the Supreme Court of British Guiana in its civil 
 jurisdiction for the Counties of Demerara and Essequebo and for the 
 County of Berbice. 
 
 Keeping of 
 separate 
 registers for 
 recording 
 documents. 
 
 Validity of 
 
 existing 
 
 records. 
 
 Indexing of 
 registers. 
 
 Removal of 
 pai)ers from 
 vault, under 
 direction of 
 the Judges. 
 
 Registers of Documents. 
 
 22. — (1.) The Registrar shall keep one series of registers for enter- 
 ing and recording all deeds and probates of wills sent to this Colony 
 from any place abroad ; another series of registers for entering and 
 recording all last wills and testaments, codicils, and inventories of the 
 estates of deceased persons dying in the Colony ; and another series of 
 registers for entering and recording all instruments of protest. 
 
 (2.) The said registers shall be written in books strongly bound, 
 and made of thick durable paper. 
 
 23. The books of registers or records heretofore and at present 
 existing in the Offices of the respective Registrars of Demerara and 
 Essequebo and of Bei'bice shall be considered and taken to be, as they 
 are hereby declared to be, vahd and legal records ; and all authenticated 
 copies of or extracts therefrom shall be taken and received in all 
 Courts of this Colony as prima facie evidence, which, if not rebutted, 
 shall be as good evidence as the originals of which the said records 
 purport to be records. 
 
 24. For the purpose of easy reference to the aforesaid registers, the 
 Registrar shall annex to each book an alphabetical index of the 
 documents therein contained, and shall, from the said indexes, form 
 one general and comprehensive alphabetical index for each class of the 
 records in his Office. 
 
 25. The Registrar, under the direction of the Supreme Court or of 
 any one or more of the Judges thereof, may remove from the vault of 
 the Registrar's Office, to any place to be named by the Governor, any 
 of the trunks, boxes, packages, books, antiquated legal proceedings, 
 and papers which, to the Registrar and the said Court or to the 
 Registrar and any one or more of the Judges thereof, it may appear 
 necessary and expedient so to remove. 
 
 Execution and 
 custody of 
 transports, etc. 
 
 Execution and Recording of Documents. 
 
 26. Any transport, mortgage, lease, or other document executed 
 before a Judge may, in the discretion of such Judge, be executed in 
 any part of the Colony : Provided always that the original of any such 
 transport, mortgage, lease, or other document relating to lands situate 
 in the Counties of Demerara and Essequebo shall be kept and pre- 
 served in the Registrar's OHice in Georgetown and those relating to 
 lands situate in the County af Berbice shall be kept and preserved in 
 the Branch of the Registrar's Office in New Amsterdam.
 
 A.D. 1880.] 
 
 REGISTRAR. 
 
 [No. 6. 
 
 649 
 
 Mode of 
 executing, and 
 dejrosit, or 
 recording of, 
 transfer of 
 mortgage or 
 document 
 affecting lauds 
 in the Colony. 
 
 27.— (1.) No transfer or assignment of any mortgage, lease, agree- 
 ment, contract, instrument, or cause of action whatsoever of or con- 
 cerning or whereby any lands, tenements, or hereditaments in this 
 Colony may be in any way affected in law or in equity entered into 
 and executed in this Colony, by any person whomsoever, to and in 
 favour of any person whomsoever, whether for a valuable consideration 
 or not, on and subsequent to the 16th day of February, 1845, or which 
 may hereafter be executed, shall be good, valid, and effectual in law, 
 or be in any way pleadable or allowed to be pleaded in any Court of 
 Justice in this Colony, unless the same is signed and executed in the 
 presence of two witnesses, and until the same, as well as the mortgage, 
 lease, agreement, contract, or instrument evidencing the cause of action, 
 is duly deposited in the Registrar's Office or recorded therein. 
 
 (2.) When any such mortgage, lease, agreement, contract, instru- 
 ment, or cause of action is already deposited or recorded in the 
 Registrar's Office in which such transfer or assignment is to be 
 deposited or recorded, it shall not be necessary again to deposit or 
 record such mortgage, lease, agi'eement, contract, instrument, or cause 
 of action. i 
 
 28. No act of verweezing, ante-nuptial or marriage contract, dona- Mode of 
 
 tio inter vivos, act of division of an inheritance, or other instrument executing, and 
 whereby the interests of creditors or third parties may be affected, recording of, 
 executed on and subsequent to the 16th day of February, 1845, or act of ver- 
 which may l)e hereafter executed, shall be good, valid, and effectual feezing, etc. 
 in law, or be in any way pleadable or allowed to be pleaded in any 
 Court of Justice in this Colony, unless the same, if executed in this 
 Colony, is signed and executed in the presence of two witnesses, or, if 
 executed abroad, is executed according to the laws of the country in 
 which it has been entered into, and until the same is duly deposited in 
 the Registrar's Office or recorded therein. 
 
 29. So soon as any transfer or assignment of any mortgage, lease. Effect of 
 agreement, contract, instrument, or cause of action is deposited or depositing or 
 recorded as hereinbefore provided for, such transfer or assignment transfer ^f 
 shall be held to be primd facie valid and effectual, as conveying to mortgage, etc. 
 the transferee or assignee all right, title, and interest in and to any 
 
 such mortgage, lease, agreement, contract, instrument, or cause of 
 action theretofore possessed by the person transferring or assigning 
 the same, subject, nevertheless, to the right of any person interested 
 disputing the validity of any such transfer or assignment. 
 
 30. Nothing in this Ordinance shall extend or be construed to Saving as to 
 extend to any transfer or assignment of any mortgage, lease, agree- t^'ansfers, etc., 
 
 '' . ° i- ■ 1 i> executed prior 
 
 ment, contract, instrument, or cause ot action whatsoever or or to IGth Feb- 
 concerning or whereby any lands, tenements, or hereditaments in luaiy, 1845. 
 this Colony might or may be in any way affected in law or equity, 
 or to any act of verweezing, ante-nuptial or marriage contract, donatio 
 inter vivos, act of division of an inheritance, or other instrument 
 whereby the interests of creditors or third parties might or may be 
 affected, which, if entered into and executed in this Colonj, has been 
 so entered into and executed prior to the 16th day of February, 1845. 
 
 31. — (1.) Every instrument or document deposited or left for record Mode of 
 in the Registrar's Office, previously to the same being received by the P'o^^"? 
 Registrar, if the same is executed in the Colony, shall be verified and document. 
 
 VOL. I, 44
 
 650 No. 6.] THE LAWS OF BRITISH GUIANA: [A.D. 1880. 
 
 Second 
 Schedule : 
 Form No. 2 : 
 
 Form No. 3. 
 
 Numbering of 
 dociiments 
 prepared by 
 the Registrar. 
 
 Second 
 Schedule : 
 Form No. 1. 
 
 Specification 
 of fees in case 
 of grosse copy. 
 
 Specification 
 of fees in cases 
 of other 
 documents. 
 
 Giving of 
 receipt for 
 document 
 brought for 
 registration or 
 record, etc. 
 
 proved, by the oath of one at least of the subscribing witnesses, to 
 have been duly signed and executed ; and the Registrar is hereby 
 authorized to administer any and every such oath. 
 
 (2.) Whenever it is made apparent to the Registrar that all the 
 subscribing or attesting witnesses to any instrument or document are 
 either dead or absent from the Colony, the person wishing to deposit 
 or register any such instrument or document as aforesaid may produce 
 evidence, by affidavit, of the signature of any one or more of such 
 subscribing or attestmg witnesses or of the party who has signed or 
 executed the same, and the Registrar shall receive every such affidavit, 
 in the place and stead of an affidavit by any such subscribing or 
 attesting witness himself. 
 
 (3.) The Registrar shall enter the particulars of all such instru- 
 ments and documents in a book to be kept for that purpose, in the 
 Form ISTo. 2 contained in the Second Schedule to this Ordinance in 
 the case of the Office for the Counties of Demerara and Essequebi) and 
 in the Form No. 3 contained in the said Schedule in the case of the 
 Branch Office for the County of Berbice. 
 
 32. The Registrar, upon preparing each instrument, document, 
 certificate, extract, grosse copy, or other copy, shall place upon the 
 same a number, and shall cause to be entered in a book, to be kept 
 in the Form No. 1 contained in the Second Schedule to this Ordinance, 
 the number of the said instrument, document, certificate, extract, grosse 
 copy, or other copy, the nature thereof, the date thereof, the names of 
 the parties thereto, the name of the person requiring the same to be 
 prepared or made, the amount of fees to be paid for the same, and the 
 name of the person to whom the same is delivered. 
 
 33. — (1.) Ill every case in which a grosse copy of any act or 
 instrument is required to be given off, the whole of the fees for 
 advertisement, for passing or executing, for copy or copies, and for all 
 other matters and things relating to such act or instrument, from the 
 advertisement to the delivery of the grosse copy to the party entitled 
 thereto, both included, shall be specified upon such grosse copy, and 
 such specification shall set forth and show the fee for each particular 
 item, of which the total amount of all the fees is composed. 
 
 (2.) No grosse copy of any act or instrument shall be delivered 
 oft' to the person entitled to receive the same, unless he grants on the 
 original act or instrument a receipt of such grosse. 
 
 34. Tn all other cases the document or instrument given off or 
 delivered out of the Registrar's Office shall bear upon the face of it a 
 s])ecification of all the items charged by the Registrar or in his Office 
 for all services, matters, and things done and performed for or on 
 account of such document or instrument, and relative thereto, and such 
 specification shall be in manner and form hereinbefore directed. 
 
 35. The Registrar, upon receiving any instrument or document 
 either for registration or record, shall give a receipt without fee or 
 reward for the same ; and if such instrument or document is lost or 
 mislaid in the Registrar's Office before it is registered or recorded, and 
 returned within a reasonable time to the part}' entitled to the posses- 
 sion ther(!of, the Registrar shall be responsible for all and singular the 
 damages which may be thereby sustained.
 
 A.D. 1880.J 
 
 REGISTRAR. 
 
 [No. 6. 
 
 651 
 
 36. — (1.) All powers of attorney, except those in judicial proceed- 
 ings called powers ad litea, made and executed within this Colony, 
 shall be deposited as of I'ecord in the Registrar's Office ; and all powers 
 of attorney executed beyond the limits of the Colony aforesaid shall 
 be deposited as of record or recorded, and be thereupon taken and 
 considered to be recorded in like manner. 
 
 (2.) With the exception of an authentic copy of any power of 
 attorney deposited as aforesaid, no power of attorney, except such as 
 may be duly recorded as aforesaid, shall be admissible in evidence be- 
 fore any judicial tribunal in the Colony. 
 
 37. — (1.) No erasure shall, on any account or pretence whatsoever, 
 be at any time permitted to be made in any book of record. 
 
 (2.) If any word or words is or are improperly inserted in the 
 recording of any original instrument or document in writing, then a 
 line shall be drawn through the word or words improperly inserted, so 
 as to leave the original word or words, and the line through the same, 
 legible, and any word or words which may be erroneously omitted 
 shall either be interlined or written in the margin, and always, when 
 practicable, by the same hand as the rest of the record ; and the 
 Registrar shall, under such line or such word or words written in the 
 margin or under a mark of reference to any such interlineation or 
 coi-rection, subscribe the initials of his name. 
 
 38. Every copy of the register or record of any instrument or docu- 
 ment duly registered or recorded as aforesaid, signed as a true copy 
 by the Registrar, shall be held to be well and sufficiently authenticated 
 within the intent and meaning of this Ordinance ; and every such 
 copy may be pleaded in all Courts of this Colony, and shall be as ad- 
 missible in evidence as if the original were produced. 
 
 Deposit 01 
 recording of 
 powers of 
 attorney'. 
 
 Mode of 
 dealing with 
 error in book 
 of record. 
 
 Use of authen- 
 ticated copy 
 of registered 
 or recorded 
 document as 
 evidence. 
 
 Miscellaneous Provisions. 
 
 39. — (1.) Every pei'son may ask for and obtain access to all and Allowance of 
 every register or record, and obtain, on paying the legal fees for the records%tc. 
 same, copies of any and every register or record in the Registrar's on payment' 
 Office or of any part or portion of such register or record. °^ f^^^- 
 
 (2.) No person shall be allowed access to any register or record 
 except in the presence of the Registrar or some one belonging to his 
 office thereto duly authorized. 
 
 40. — (1.) Whenever any act, grosse copy, other copy, document, or Power to the 
 instrument of any kind or description whatsoever, which ought to be Registrar to 
 taken up by the party entitled to the possession of the same, is not on gi\'ing ' 
 taken up, and the fees payable for or in virtue of the same, are not notice, 
 paid, the Registrar shall give notice thereof to such party, either per- 
 sonally or by service at his office or place of residence, or last place of 
 residence, and require him to take up the same and pay the fees pay- 
 able for and in virtue of and relative to the same, within ten days 
 after the date of such notice. 
 
 (2.) If, at the expiration of such ten days, the party is in default 
 of complying with the terms of such notice, the Registrar shall pro- 
 ceed against such party in any Court of Civil Justice of competent 
 jurisdiction for the recovery of such fees, offering in his citation, claim, 
 and demand, or account, to deliver up the act, grosse copy, other copy, 
 
 VOL, I. 44a
 
 652 
 
 Provisions 
 as regards 
 existing 
 officers. 
 
 No. 6.] THE LA ^YH OF BRITISH GUIANA : [A.D. 1880. 
 
 document, or instrument, on receipt of the fees payable for or in virtue 
 of or relative to which such fees are claimed to be payable. 
 
 41. The officer now lawfully holding the office of Registrar for the 
 Counties of Demerara and Essequebo shall be the first Registrar of 
 British Guiana, and all the other officers now holding office in the 
 Registrar's Office of the Counties of Demerara and Essequebo, and all 
 the other officers (except the officer performing tlie duties of the Regis- 
 trar of the County of Berbice) now holding office in the Registrar's 
 Office of the County of Berbice, shall, without any other or further 
 appointment, be deemed officers holding like office in the Registrar's 
 Office of British Guiana ; and the said Registrar and every such other 
 officer shall hold office during His Majesty's pleasure. 
 
 Section 9. 
 
 SCHEDULES. 
 THE FIRST SCHEDULE. 
 
 Duties of Assistant Sworn Clerks. 
 
 1. Attending on behalf of the Registrar as Clerk of Court any Session of the 
 
 Supreme Court of British Guiana in its civil jurisdiction ; and performing 
 any of the duties legally devolving upon the Registrar in the Judicial 
 Department of liis Office. 
 
 2. Drawing and Passing Powers ad Hies. Drawing and Passing any Inventory. 
 
 Sealing, when necessary, any door, box, trunk, or package in the house of a 
 deceased person. 
 
 3. Drawing and Passing any Act of Sealing. 
 
 4. Drawing and Passing any Act of breaking the Seals and taking them off. 
 
 5. Sealing up, when necessary, any paper, parcel, box, trunk, or package de- 
 
 posited od acta. 
 
 6. Attending Execution Sales and Administrator General's Sales. 
 
 7. Drawing and Passing Acts of Deposit of Wills and of other Documents. 
 
 8. Registering any Act, Paper, or Document, and giving off certified Copies of 
 
 Documents recorded or deposited in the Registrar's Office. 
 
 9. Administering any Oath or Affidavit undnr the provisions of this Ordinance. 
 
 Section 16 
 17, and 32. 
 
 THE SECOND SCHEDULE. 
 
 FORMS. 
 
 Form No. 1. 
 
 Cash Fee Book. 
 
 No. 
 
 Nature of 
 Document. 
 
 Date. 
 
 Names of 
 Parties thereto. 
 
 By whom 
 
 required to be 
 
 jKepared. 
 
 Amount 
 of Fees. 
 
 To whom 
 delivered.
 
 A.D. 1880.] COURT OF POLICY (EVIDENCE). 
 
 [No. 7. 
 
 653 
 
 No. 
 
 FoKM No. 2. 
 Register Book for Denierara and Essequebo, 
 
 Nature of 
 Document. 
 
 Names of 
 Parties 
 thereto. 
 
 liy whom 
 
 deposited 
 
 or left for 
 
 Record. 
 
 Year, Montli, 
 
 Day, and Hour 
 
 when left for 
 
 Record. 
 
 To whom 
 
 delivered Date of 
 
 back Delivery. 
 
 recorded. 
 
 Section 31. 
 
 Form No. 3. 
 Reyistvr Book for Berhice. 
 
 Section 31. 
 
 No. 
 
 ; Nature of 
 (Document. 
 
 Date of 
 Docu- 
 ment. 
 
 Names of 
 Parties 
 thereto. 
 
 By whom 
 
 deposited 
 
 or left for 
 
 Record. 
 
 Year, Month, 
 
 Day, and Hour 
 
 when left for 
 
 Record. 
 
 To whom 
 
 delivered ' Date of 
 back i Delivery, 
 recorded. 
 
 OKDINANCE No. 7 OF 1880. 
 
 An Ordinance for enabling the Go vernor-in- Council or 
 Governor and Court of Policy, or any Committee 
 of the said Court, to procure and take Evidence 
 upon Oath. 
 
 [28th July, 18H0.] 
 
 W 
 
 A.D. 1880. 
 
 — ♦ — 
 Ordinances 
 No. 7 of 1882 
 and No. 21 of 
 I'JOl, s. 4 
 incorporated. 
 
 As to the Com- 
 bined Court, 
 see Ordinance 
 No. 5 of 1883. 
 
 THEREAS it is expedient that the Governor-in-Council or 
 
 Governor and Court of Pohcy, and any Connnittee of the said 
 
 Court, should be enabled to make full investigation into the 
 
 various matters which are subject to their determination, and should 
 
 i-espectively have the powers of compelling the attendance of witnesses 
 
 and of administering oaths to vs^itnesses : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Court of Policy (Evidence) '^hort title. 
 Ordinance, 1880. 
 
 2. — (1.) Where it appears to the Governor-in-Council or Governor Power to the 
 and Court of Policy, or to any Committee of the said Court appointed Court of
 
 654 No. 7.] THE LA WS OF BRITISH GUIANA : [A.D. 1880. 
 
 Policy, or a 
 Committee 
 thereof to 
 summon 
 person to give 
 evidence and 
 to produce 
 documents, 
 etc. 
 
 Schedule : 
 Form No. 1. 
 
 Administra- 
 tion of oath or 
 affirmation to 
 witness. 
 
 Apprehension 
 of witness 
 refusing or 
 neglecting to 
 attend. 
 
 Schedule : 
 F''orm No. 
 
 2. 
 
 by the Governor, that any person within the Colony is able to give 
 any information with respect to the subject-matter of any question 
 arising for their determination, or has any books, plans, or documents 
 in his possession or under his control in any way relating to the subject- 
 matter of such question, it shall be lawful for the Governor-in-Council 
 or Governor and Court of Policy, or for such Committee, to cause a 
 summons to be issued to such person in the Form No. 1 contained in 
 the Schedule to this Ordinance or in such other form as the circum- 
 stances may appear to render expedient requiring such person to be 
 and appear before the Governor-in-Council or Governor and Court of 
 Policy, or before such Committee, at the time and place specified, for 
 the purpose of being eyamined, and, if so required, then there to 
 produce the books, plans, or documents referred to in the summons, 
 and thereafter to remain in attendance on the Governor-in-Council or 
 Governor and Court of Policy, or on such Committee, until permitted 
 by the Governor-in-Council or Governor and Court of Policy, or by 
 such Committee, to withdraw. 
 
 (2.) Every such summons shall be served by the Registrar or by 
 a Marshal, and may be served in the same w^ay as a summons is now 
 by law required to be served on a person who is summoned to attend 
 as a witness before the Supreme Court of British Guiana in its civil 
 jurisdiction. 
 
 3. — (1.) The Governor-in-Council or Governor and Court of Policy 
 may administer an oath to any witness examined before the Council or 
 the said Court ; and any Committee of the Court of Policy appointed 
 by the Governor may administer an oath to any witness e\amined 
 before the said Committee. 
 
 (2.) Where any witness to be examined under this Ordinance 
 conscientiously objects to take an oath, he may make his solemn 
 affirmation and declaration in the words following, that is to say, — 
 
 "I, 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." 
 
 (3.) Any solemn affirmation and declaration so made shall be of 
 the same force and effect, and shall entail the same consequences, as an 
 oath taken in the usual form. 
 
 (4.) Any oath, or affirmation may be administered to the witness 
 by the Clerk of the Executive Council or by any member of the Court 
 of Policy who is authorized to do so by the Governor, and may be 
 administered by any member of the Committee. 
 
 4. If any person summoned to attend as a witness before the 
 Governor-in-Council or Governor and Court of Policy, or before any 
 Committee of the Court appointed by the Governor, refuses or neglects, 
 without sufficient cause, to attend at the time and place mentioned 
 in the summons, it shall be lawful for the Governor-in-Council or 
 Governor and Court of Policy to issue a warrant, in the Form No. 2 
 contained in the Schedule to this Ordinance or in such other form 
 as the circumstances may appear to require, signed by the Government 
 Secretary, authori/ing and directing the Registrar or any Marshal to 
 arrest such person and detain him in custody until he can be brought 
 before the said Court or the said Committee : Provided always that no 
 person shall be detained under such warrant for a longer period than 
 one week.
 
 A.D. 1880.] COURT OF POLICY (EVIDENCE). [No. 7. G55 
 
 5. — (1.) Every person who — Mode of 
 
 (a.) Being sunnuoned to attend as a witness before tlie Go- witues« 
 vernor-in-Council or Governor and Court of Policy, or before Tefusing to be 
 any Connnittee thereof appointed by the Governor, refuses to ''"'"''"' ^ • 
 be sworn, or, where he conscientiously objects to take an 
 oath, refuses to make a solemn affirmation and declaration, 
 or to answer, or to answer fully and satisfactorily, to the 
 best of his knowledge and belief, all questions put to him, 
 or refuses or omits, without sufficient cause, to produce any 
 books, plans or documents in his possession or under his 
 control ; or 
 
 (6.) Being present before the Governor-in-Council or Governor 
 and Court of Policy, or before any Committee of the said 
 Court appointed by the Governor, wilfully insults any 
 member of the Council or the said Court or of the said 
 Committee, 
 
 may be committed to any Ordinary Prison and there detained for any 
 period not exceeding three months : Provided always that where the 
 improper conduct has taken place before any Committee of the Court, 
 the circumstances shall be reported by such Committee to the Court 
 in writing. 
 
 (2.) Whei-e any person is so committed, a warrant of commitment 
 shall be issued authorizing the Keeper of the Prison to detain such 
 person for the time therein stated ; and every such warrant may be in 
 the Form No. 3 contained in the Schedule to this Ordinance, or in Schedule : 
 such other form as the Governor-in-Council or Governor and Court of ^^"" ^*'- ^• 
 Policy may deem right. 
 
 (3.) Every warrant purporting to be issued by direction of the 
 Governor-in-Council or Governor and Court of Policy may be signed hj 
 the Government Secretary, and shall be deemed in all Courts of law to be 
 sufficient and effectual for detaining the person mentioned therein in 
 the said Prison for the time stated and to have been issued for good 
 and sufficient cause. 
 
 6. Every witness examined under the provisions of this Ordinance Privilege of 
 shall be entitled to the same protection, privileges, and immunities as witness. 
 
 a witness in the Supreme Court of British Guiana in its civil jurisdic- 
 tion. 
 
 7. No officer of the public service of the Colony who is charged Protection of 
 with the commission of any breach of his duty shall be required to "^th^^jre^ch of 
 give any evidence or make any statement upon oath with respect to duty. 
 
 or in connection with any charge against himself. 
 
 8. Every person examined under this Ordinance who wilfully gives ^^""f^^'^gg"* 
 
 false evidence shall be guilty of perjury. giving false 
 
 evidence. 
 
 9. The Governor and two or more of the official members of the E.\ercise of 
 Court of Policy sitting together for the consideration of any question g'oTCli^j^r'aSi 
 arising for tlieir determination sliall have all the powers given by this official 
 Ordinance to the Governor-in-Council or Governor and Court of members. 
 Policy.
 
 656 
 
 No. 7.] THE LA WS OF BRITISH GUIANA : [A.D. 1880. 
 
 Section 2. 
 
 Section 4. 
 
 SCHEDULE. 
 
 FOEMS. 
 
 Form No. 1. 
 
 Summons to Witness 
 
 To A. B. 
 
 You are hereby required to appear before His Excellency the Govemor-in-Council 
 fo>" before His Excellency the Governor and the Honourable the Court of Policy, or 
 before His Excellency the Governor and the Official Members of the Honourable 
 the Court of Policy, or before a Committee of the Honourable the Court of Policy 
 appointed by His Excellency the Governor at [_pl((ce'\ at o'clock, m., on 
 
 the day of 1 , and thereafter to remain in attendance 
 
 until permitted to withdraw. \_If the production of any books, plans, or documents is 
 required, add. And you are hereby further required then and there to produce {here 
 describe in general terms the hooks, plans, or documents required)^. 
 
 Therefore fail not at your peril. 
 
 Dated this day of 1 
 
 Form No. 2. 
 
 Warrant of jipprehension tchere Witness neglects to atteyid. 
 To the Megistrar and all Marshals. 
 
 Whereas A. B. was duly summoned to appear as a witness before [r/s in last 
 Form'] at o'clock, m., on the day of 
 
 1 ; And whereas the said summons has, by the return of the Marshal, been 
 
 duly served ; And whereas the said A. B. has neglected to obey the said summons : 
 — Now, therefore, this is to empower you to apprehend the said A. B. and bring him 
 before [as in last Form'] and for so doing, this shall be your sufficient warrant. 
 
 Issued by direction of His Excellency the Governor-in-Council [or by direction of 
 His Excellency the Governor and the Honourable the Court of Policy, or by direction 
 of his Excellency the Governor and Official Members of the Court of PoKcy.] 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Section 6. 
 
 Form No. 3. 
 Warrant of Committal of Person for Misconduct. 
 
 To the Keeper of the Prison at 
 
 Whereas A. B. being present before [us in Form Xo. 1] on the day 
 
 of 1 , did then and there misconduct himself : — Now, therefore, 
 
 this is to empower and direct you to keep the said A. B., safely in custody for the 
 period of now next ensuing from the day of 
 
 1 , to the day of 1 ; and for so 
 
 doing this shall be your sufficient waiTant. 
 
 Issued by direction of His Excellency the Governor-in-Conncil [or by direction of 
 His Excellency the Governor and the Honourable the Court of Policy, or by direction 
 of His Excellency the Governor and Official Members of the Court of Policy]. 
 
 Dated this day of 1 
 
 (Signed.)
 
 A.D. 1881.J GEORGETOWN IMPROVEMENT. [No. 1. 657 
 
 ORDINANCE No. 1 OF 1881, 
 
 An Ordinance to amend the Georgetown Improvement a.d. issi. 
 (Vlissengen) Ordinance 1876. ♦ 
 
 [12tli November, 1881.] 
 
 Be it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Georgetown Improvement Short title. 
 (Vlissengen) Ordinance, 1876, Amendment Ordinance, 1881. 
 
 2. The Georgetown Improvement (Vlissengen) Ordinance, 1876, is Reference to the 
 
 hereinafter referred to as the Principal Ordinance. Georgetown 
 
 ^ Improvement 
 
 3. Building Lot No. 4 in the New Town Ward is hereby declared Enanle,"^ 
 to be divided into three parts by the prolongation westward of the 187«>. 
 boundary lines between Lots No. 1, No. 2, and No. 3 in the said No. 2 of 1876. 
 Ward ; and the part of Lot No. 4 so defined adjoining Lot No. 1 is Division of Lot 
 hereby declared to be incorporated with Lot No. 1 , and the parts so ^"°- "^ iJi^Ncw 
 defined respectively adjoining Lots No. 2 and No. 3 are in like manner "^*^ ^^ ' 
 hereby declared to be respectively incorporated with the said Lots 
 
 No. 2 and No. 3 ; and no division or sub-division of the said lots as 
 thus enlarged shall be made or recognized. 
 
 4. The lessees of Building Lots No. 1, No. 2, and No. 3 in the New Transport of 
 Town Ward shall be entitled to receive from the ^Commissioners lots in New 
 transport of the said lots as enlarged by this Ordinance on payment Jnia,-led bv ** 
 tor — division of Lot 
 
 Lot No. 1, of the sum of $2,967. No. 4. 
 
 Lot No. 2, do. 2,366. 
 
 Lot No. 3, do. 2,667, 
 
 together with such further sum, if any, as may be payable as the 
 proportion due by the said lots for the improvement of the said Waixl. 
 
 5. — (1.) The Mayor and Town Council of Georgetown shall, as soon Appraisement 
 as may be practicable after the boundaries of any lot or half-lot situate °f 'o*® 'l^ 
 in the Columbia and Lacy Town W^ard have l)een marked-out and Laiy Town "'^ 
 paaled-ofi^ as required by section 65 of the Principal Ordinance proceed Wards and 
 at their own cost to make an appraisement of each such lot or half-lot l*^? "¥, °^ 
 so marked out and paaled-ofi' with the buildings thereon, if any, until 
 the whole of the lots and half-lots, with the buildings thereon, if any, 
 in the said Ward are appraised. 
 
 (2.) After any such appraisement, the taxes which may thereafter 
 be levied by the Mayor and Town Council on any property so appraised 
 within the said Ward shall be levied on its value so ascertained, until 
 the same is altered in due course of law. 
 
 6. The Governoi'-in-Council may at any time hereafter direct an power to alter 
 alteration to be made, on being satisfied that such alteration is boundaries, 
 reasonable and expedient, in the boundaries of any lot and in the st''^^*^' ^^°- 
 
 ^ The CommiBsioners were abolished and their rights and powers transferred to 
 the Eeceiver General by Ordinance No. 22 of 1896.
 
 658 
 
 Construction 
 of the 
 Ordinance. 
 
 No. 1.] THE LA WS Ot" BRITISH GUIANA : [A.D. 1881. 
 
 position, direction, and limits of any street, road, drain, trench, or open 
 space which has been or is about to be marked out, paaled-ofi", laid out, 
 made, or dug in accordance with the plans settled by the Governor and 
 Court of Policy in pursuance of section 65^ of the Principal Ordinance ; 
 Px-ovided that, before such alteration is so directed, notice of the pro- 
 posed alteration shall be given in The Official Gazette and in one other 
 newspaper published in the Colony, in order that the Mayor and Town 
 Council of Georgetown, the -Commissioners of Vlissengen, or any per- 
 son whose interests may be prejudicially aflected by the making of the 
 proposed alteration may, if they or he see or sees fit, within thirty 
 days next after the first publication of the said notice in The Official- 
 Gazette, lodge their or his objections to the proposed alteration, (s. 13.) 
 
 7. This Ordinance shall be construed with and shall form part of 
 the Principal Ordinance, (s. 16.) 
 
 A.D. 1883. 
 
 — ♦ — 
 
 Short title. 
 
 Appointment 
 of Board of 
 Examiners. 
 
 Seal of the 
 Board. 
 
 ORDINANCE No. 1 OF 1883. 
 
 An Ordinance to amend the Law relating to Sworn 
 Weighers and Gangers. 
 
 [24th Febrnary, 1883.] 
 
 B 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Weighers and Gaugers 
 Ordinance, 1883. 
 
 Board of Examinei's. 
 
 2. — (1.) The Governor may from time to time appoint persons to 
 examine as to the capability and knowledge of all persons desiring to 
 carry on the business of a Sworn Weigher or Ganger. 
 
 (2.) The persons so appointed shall form and be styled "The 
 Board of Examiners " (hereinafter referred to as the " Board"). 
 
 (3.) Any two members of the Board may perform any act author- 
 ized to be performed by the Board. 
 
 (4.) The Board may from time to time make regulations under 
 which the examinations of applicants for licences under this Ordinance 
 shall 1)6 conducted, and for determining the qualifications to be pos- 
 sessed by those hereafter obtaining licences. 
 
 (o.) Such regulations shall not come into force until they have 
 been laid before and approved by the Governor and Court of Policy. 
 The Governor and Court of Policy may alter and amend any such 
 regulations, and the regulations, as finally settled by the Governor and 
 C(.urt of Policy, when published in The Official Gazette, shall be binding 
 on all persons concerned, while unrevoked or unaltered, and shall have 
 the same efi'ect as if contained in this Ordinance. 
 
 3. 'Hie Board shall use a seal. 
 
 ^ Sect. 65 was repealed by No. 2'2 of 18i)G, 8. 15. 
 ■■' See noto to s. 4.
 
 A.D. 1883.] WEIGHERS AND G AUGERS. [No. 1. 659 
 
 4. The Board sliall keep a correct record of the proceedings of the Record of 
 Board. proceedings 
 
 of the Board. 
 
 Apjjlication for Licence. 
 
 5. — (1.) Wliere any person desires to carry on the l)usiness of a Procedure to 
 Weiglier, or of a Gauger, or of a Weigher and Gauger, the following "''ti'iii licence 
 procedure shall be adopted, that is to say, — Gauger''' "^"^ ""^ 
 
 [((.) Huch person sliall apply in writing to the Board to be 
 examined as to his capability and fitness to conduct such 
 l)usincss with accuracy, and shall pay the fees prescribed by 
 this Ordinance ; 
 
 (b.) Such person, on making his application, shall lay over 
 certificates from two or more householders that he is of gor)d 
 repute ; 
 
 (c.) Any such application to be examined may be made to any 
 member of the Board ; 
 
 {d.) When any such application is duly made and the .prescribed 
 fees are paid, the Board shall proceed to examine the person 
 making such application, and if, in the opinion of the Board, 
 such person is competent to carry on sucJb business and is of 
 good repute, the Board may issue a licence, under the seal of 
 the Board, signed by two members thereof, authorizing such 
 person to carry on such business ; 
 
 (e.) When the Board are of opinion that such a licence ought 
 not to be issued, the Board may inform the applicant that the 
 Board are unable to issue such licence ; but shall not be bound 
 to assign any reason for not issuing such licence ; 
 
 (/•) When any such applicant has been examined and does not 
 obtain a licence, he shall not be entitled to be again examined 
 until after the expiration of six months from the previous 
 examination ; and 
 
 (gr.) When the Board decide that a licence may be issued to First 
 any person, such person shall, before he receives the licence. Schedule. 
 take the oath set out in the First Schedule to this Ordinance 
 before the Board, who are hereby authorized to adminster 
 the same : 
 
 Provided always that every person who was, on the thirty-first 
 day of December last past, duly licensed by the Governor to carry on 
 any such business and w^as duly sworn, shall be entitled to receive a 
 licence from the Board without any examination or production of 
 certificates and without taking any fresh oath. 
 
 (2.) Every licence issued without examination shall state the fact. 
 
 Disqualifications, etc. 
 
 6. No merchant, storekeeper, or planter, and no clerk or agent of Disqualifica- 
 
 any merchant, storekeeper, or planter shall be entitled to receive a *'on of certain 
 
 licence to act as a Weigher or Gauger or shall act as a Licensed ||ceii°ces °" 
 Weigher or Gauger. 
 
 7. — (1.) No person shall carry on the business of a Weigher, or of Prohibition of 
 
 a Gaugei', or of a Weigher and Gauger until he has obtained from the person acting 
 
 Board a licence to do so. h.'p1!^»* 
 (2.) Every person who acts contrary to the provisions of this
 
 660 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1883. 
 
 section sball be guilty of an offence, and, being convicted thereof, shall 
 be liable to a penalty of not less than twenty-five dollars and not 
 exceeding one hundred dollars : 
 
 Provided always that nothing herein contained shall be construed 
 to prevent persons from weighing or gauging produce belonging to 
 themselves or employing their clerks or servants to do so. 
 
 Keeping of 
 register by 
 Licensed 
 AVeigher and 
 Licensed 
 Ganger. 
 
 Fees payable 
 to Licensed 
 Weigher and 
 Licensed 
 Ganger. 
 
 Duty of 
 Licensed 
 Weigher or 
 Ganger to 
 attend and 
 weigli or gauge 
 produce, when 
 required to 
 do so. 
 
 Regulations 
 as to use of 
 instruments. 
 
 Regulation of Business. 
 
 8. — (1.) Every Licensed Weigher and every Licensed Ganger shall 
 be bound to keep a register, in which he shall enter the description, 
 marks, and weights or gauges of every package or thing weighed or 
 gauged by him. 
 
 (2.) Every Licensed Weigher and every Licensed Ganger who 
 neglects to keep such register, or to enter therein the full particulars 
 of each package or thing weighed or gauged by him, shall be guilty of 
 an offence, and, being convicted thereof, shall be liable to a penalty of 
 not less than five dollars and not exceeding twenty-five dollars. 
 
 9. Every Licensed Weigher and every Licensed Ganger shall be 
 entitled to demand and receive the fees prescribed under this Ordinance 
 for such services as may be performed by liim, and such fees shall be 
 payable at the time when the duty is performed. 
 
 10. — (1.) Every Licensed Weigher or Ganger shall, on receiving 
 notice from any person between the hours of six o'clock in the morning 
 and six o'clock in the evening of any day of the week, other than 
 Sunday or a Public Holiday, if not engaged, proceed immediately, or 
 within one hour after receiving such notice, to the performance of such 
 of the duties of his office as Licensed Weigher or Ganger in respect to 
 the weighing or gauging of produce of the Colony as may be required 
 of him at such place or places within the limits of Georgetown or on 
 board any vessel within the limits of the Harbour of Georgetown, if he 
 carries on business in or near Georgetown, or within the limits of New 
 Amsterdam or on board any vessel within the limits of the Harbour 
 of New Amsterdam, if he resides in or near New Amsterdam, which 
 may be appointed by such notice, and there continue his attendance 
 and perform such duties as long as he may be reasonably required. 
 
 (2.) Every Licensed Weigher and every Licensed Ganger who 
 neglects to comply with the provisions of this section shall be guilty 
 of an ofience, and, being convicted thereof, shall be liable to a penalty 
 of not less than ten dollars and not exceeding fifty dollars. 
 
 1 1. — (1.) Every Licensed Weigher and every Licensed Gauger shall 
 use instruments for weighing or gauging which are accurately adjusted 
 and plainly marked and no other. 
 
 (2.) Every instrument used by a Weigher or Gauger for weighing 
 or gauging shall be approved and stamped by order of the Board. 
 
 (3.) Every Licensed Weigher or Gauger who uses any instrument 
 for weighing or gauging which has not been approved and stamped by 
 order of the Board shall be guilty of an offence, and, being convicted 
 thereof, shall be liable to a })enalty of fifty dollars. 
 
 (4.) Every Licensed Weigher or Gauger who uses any instrument 
 for weighing or gauging wliich is not accurately adjusted or plainly 
 marked shall be guilty of an offence, and, being convicted thereof, shall 
 be liable to a penalty not exceeding fifty dollars.
 
 A.D. 1883.] WEIGHERS AND G AUGERS. 
 
 [No. 1. 
 
 GGl 
 
 12.— (1.) Every Licensed Weigher shall have every instrument or Testing of 
 machine used by him in weighing tested by an Inspector of ^\'eights "'•'*t''"'"<^°* 
 
 and Measures at intervals not exceeding three months. 
 
 or weighing 
 macliine at 
 
 (2.) Every Licensed Weigher who does not comply witli this intervals, 
 section shall be guilty of an offence, and, being convicted thereof, shall 
 be liable to a penalty of twenty-five dollars. 
 
 (3.) This section shall not apply to instruments used in weighing 
 loose coals. 
 
 1 3. Every Licensed Weigher and every Licensed Gauger, on weigh- Giving of 
 ing or gauging any package or thing, shall, on receiving payment of artfcfe'^wdghed 
 the prescril)ed fees for the weighing or gauging, be bound to give off' or gauged." 
 to each of the persons employing him a correct certificate of the 
 description, marks, weights, or gauges of the package or thing weighed 
 or gauged by him. 
 
 Offences. 
 
 1 4. Every Licensed Weigher and every Licensed Gauger who gives Penalty for 
 
 a certificate as to the weight or contents of any package or thing which |'^ t^^^v^ti**' *. 
 
 has not been weighed or gauged in his presence and under his personal personal 
 
 supervision shall be guilty of an offence, and, being convicted thereof, knowledge, 
 shall be liable to a penalty of fifty dollars. 
 
 15. — (1.) Every Licensed Weigher and every Licensed Gauger who Penalty for 
 gives an untrue certificate shall be guilty of an offence, and, being gi^i'ig untrue 
 convicted thereof, shall be liable to a penalty of not less than twenty- 
 five dollars and not exceeding one hundred dollars. 
 
 (2.) Every certificate of the weight of any package or packages 
 given by a Licensed Weigher shall be deemed untrue, within the mean- 
 ing of this section, if the correct weight differs from the weight stated 
 in the certificate by more than one per cent, of the weight stated in 
 the certificate. 
 
 (3.) Every certificate of the quantity of the contents of any 
 package or packages given by a Licensed Gauger shall be deemed 
 untrue, within the meaning of this section, if the correct quantity 
 differs from the quantity stated in the certificate by more than three 
 per cent, of the quantity stated in the certificate. 
 
 (4.) Where several packages or things are weighed or gauged as 
 part of the same transaction and the weight or quantity thereof as 
 stated in the certificate differs from the true weight or quantity 
 thereof, such certificate shall be deemed untrue, within the meaning 
 of this section, although such difference is less than the difference 
 hereinbefore in this section stated if the Stipendiary Magistrate who 
 hears the complaint is of opinion that the error could only have arisen 
 through gross carelessness. 
 
 16. — (L) Every Licensed Weigher and evex'y Licensed Hanger who Punishment 
 gives a false certificate of the weight of any package, or of the quantity foi; gi^i^g false 
 of the contents of any package, which he knows to be false shall be 
 guilty of a misdemeanor, and, being convicted thereof, shall be liable 
 to a penalty not exceeding five hundred dollars or to imprisonment, 
 with or without hard labour, for any term not exceeding twelve 
 months. 
 
 (2.) A conviction under this section shall operate as a cancelment 
 of the licence held by the person so convicted.
 
 662 
 
 No. 1.] THE LA WS OF BRITISH GUIANA : [A.D. 1883. 
 
 Provision in 
 case of dispute 
 as to weiglit 
 or quantity of 
 thing weighed 
 or gauged. 
 
 Table of fees. 
 
 Second 
 Schedule. 
 
 Conviction 
 not to affect 
 liability to 
 compensate 
 for loss. 
 
 Miscellmieo^ts Provisions. 
 
 17. — (1.) Where there is any dispute as to the correctness of the 
 weight or (|uantity of any package or thing as ascertained by a Licensed 
 Weigher or Gauger, any person interested may require that such 
 package or thing shall be left untouched for the space of two hours, 
 if it is practicable to do so : Provided always that, during the said 
 interval, such package or thing may be weighed or gauged by any 
 Licensed Weigher or Gauger or any two or more, or by the Receiver 
 General. 
 
 (2.) A certificate signed by the Receiver General stating the 
 weight or the quantity of the contents of any package or thing 
 shall be admitted, without proof of the signature, in all legal 
 proceedings as proof that the weight or quantity stated in the certifi- 
 cate is the correct weight or quantity, unless the contrary is clearly 
 shown. 
 
 18. — (1.) The fees set out in the Table of Fees contained in the 
 Second Schedule to this Ordinance shall be payable in respect of the 
 several matters specified therein : Provided that no examination fee 
 shall be payable by any Commissary of Taxation or Oflicer of Customs. 
 (Amd. 20 of 1904, s. 5.) 
 
 (2.) The Governor and Court of Policy may from time to time, by 
 Resolution, alter the said fees, and may from time to time, by Resolu 
 tion, determine the amount to be paid for any service performed by 
 any person under this Ordinance. 
 
 19. Where any Licensed Weigher or any Licensed Gauger is con- 
 victed of any offence under this Ordinance, such conviction shall in 
 no way affect the right of any person who has suffered loss in con- 
 sequence of the act in respect of which the conviction took place to 
 recover from such Licensed Weigher or Gauger full compensation for 
 such loss. 
 
 SCHEDULES. 
 Sections. THE FIRST SCHEDULE. 
 
 Oath to be taken by Licensed Weirhek or Gauger. 
 
 I do swear that I will discharge and perform the duties of 
 
 a Licensed "Weigher [or Licensed Gauger or Licensed Weigher and Gaiiger, as the 
 case mill/ /v] to the best of my knowledge, skill, and ability, and without fear, favour, 
 or partiality of or to any person whomsoever. — So help me God ! 
 
 Section 18. THE SECOND SCHEDULE. 
 
 Table of Fees. 
 
 Fees to be paid to the Board of Examiners, etc. 
 
 1. Fee to the Board of Examiners by Applicant for Examination, not 
 being a Commissary of Taxation or Ulliccr of Customs, ou making 
 ap2)lication ........... 
 
 2. Fee to the Board of Examiners, or their Officer, for inspecting and 
 
 stamping any instrument for wt'ighing or gauging .... 
 
 3. Fee to the Keceiver General for Certificate in any case where he 
 
 weighs or gauges ........ . . 
 
 25 00 
 
 2 00 
 
 f) 00
 
 A.D. 1883.] 
 
 SEA DEFENCE. 
 
 [No. 2. 
 
 (iG3 
 
 Ftes to he paid to a Licensed Weigher or u lAcotscd Gioujer. 
 4. Weighing every Package of Sugar, Tobacco, or other article exceeding 
 
 where the cont'Tits exceed 4 cwt. and arc 
 
 cwt. and are 
 
 10 cwt., jier package 
 
 5. Weighing every Pack^go 
 under ] cwt. ......... 
 
 6. Weighing every Package where the contents exceed 2 
 
 under 4 cwt. ............ 
 
 Weigliing- every Package where the contents do not exceed 2 cwt . 
 Weighing Loose Coals, per ton ........ 
 
 Gauging and proving every Package of Rum or other Spirits 
 
 Gauging every Package of Mohisscs ....... 
 
 1 1 . Gauging every Package of any other Liquid tlian those before 
 
 mentioned ............ 
 
 I. 
 8. 
 
 10. 
 
 % 
 
 c. 
 
 
 
 20 
 
 
 
 12 
 
 
 
 06 
 
 
 
 02 
 
 
 
 14 
 
 
 
 12 
 
 
 
 12 
 
 12 
 
 Provided always that, after the 1st day of July, 1883, no fee shall be payable under 
 this Ordinance for gauging any jiackage wliere the quantity of the contents is 
 not ascertained by instruments known as Calipers. 
 
 Where only a single Package is weighed or gauged, treble the above fees according 
 to the description of Package may be charged. The fees shall be payable at 
 the time when the duty is performed ; and when the Licensed Weigher or 
 Gauger is required to attend at any place and his services are afterwards dis- 
 pensed with without any duty being required to be performed, he shall be 
 entitled to a fee of One Dollar, to be paid by the person who required his 
 attendance, unless such person has given notice to the Licensed Weigher or 
 Gauger, previously to his leaving the Office for the purpose of attending at 
 such place, that his services were not required. 
 
 ORDINANCE No. 2 OF 1883. 
 
 An Ordinance to secure the Maintenance of the Sea, 
 River, and Outer Dams of Estates. 
 
 [9th June, 1883.] 
 
 E it enacted by the Governor of British Guiana, with the advice 
 and consent of the Court of Pohcy thereof, as follows : — 
 
 B 
 
 A.D. 1883 
 
 — ♦ — 
 
 Ordiwtnces 
 No. G of 1899 
 and No. 23 of 
 1899 
 incorporated. 
 
 1. This Ordinance may be cited as the Sea Defence Ordinance, 1883. Short title. 
 
 2. In this Ordinance, unless the context otherwise requires, — Interpretation 
 
 " The Colonial Civil Engineer " includes any person performing 
 the duties of Colonial Civil Engineer : 
 
 " The Public Works Department " means the Colonial Civil 
 Engineer, and includes every officer of the Colonial Civil 
 Engineer's Department and every person employed by the 
 Colonial Civil Engineer or by any officer of his department : 
 
 " Works " means any work for repairing, strengthening, heighten- 
 ing, or protecting any existing dam, and includes any work for 
 constructing or protecting a new dam. It also includes groynes 
 and constructions of any material and every description of work 
 or arrangement intended to protect an estate or any land from 
 being submerged or flooded. It also includes the removal of 
 anything which, in the opinion of the Colonial Civil Engineer, 
 ought to be removed for the protection or conservation of the 
 foreshore : 
 
 "The time limited" means the time mentioned in any notice given 
 by the Colonial Civil Engineer within which the proprietor of
 
 664 
 
 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1883. 
 
 an estate is required to commence or complete any works, and, 
 where there is an appeal, means the time fixed by the Governor-in- 
 Council : 
 " Estate " includes any plantation or estate, or any piece of land 
 abutting on or near to any sea shore or any river or creek or 
 the bank of any river or creek. (Amd. 6 of 1899, s. 3.) 
 
 Supervision of Defences. 
 
 Inspection of 3. The Colonial Civil Engineer, and all persons authorized by him in 
 
 dams of estate. T^^riting, may at all times enter on any estate and inspect the sea, river, 
 and outer dams thereof. 
 
 Requiring 
 proprietor to 
 execute 
 necessary 
 works. 
 
 4, — (1.) When the Colonial Civil Engineer is of opinion that any 
 sea, river, or outer dam of any estate is in bad order or insufficient, or 
 is improperly constructed, either as regards position or material, or is 
 not sufficiently protected, he is hereby empowered to require the pro- 
 prietor of the estate to execute any woi'ks which the Colonial Civil 
 Engineer may consider ought to be executed. 
 
 (2.) Where any such dam has been completed, whether in 
 obedience to an order of the Colonial Civil Engineer or otherwise, it 
 shall be lawful for the Colonial Civil Engineer to serve a notice on the 
 proprietor of the estate as hereinafter provided requiring him from 
 time to time to execute such works as may be necessary for maintain- 
 ing such dam in good order and repair. (23 of 1899, s. 3.) 
 
 Procedure 
 where 
 
 proprietor is 
 required to 
 execute works. 
 
 Provision for 
 case of default 
 in commencing 
 works. 
 
 Works of Defence. 
 
 5. — (1.) When the Colonial Civil Engineer requires the proprietor 
 of an estate to execute any works, he shall cause a notice, in writing 
 signed by the Colonial Civil Engineer and addressed to the proprietor 
 of the estate, without naming such proprietor, to be served by a 
 Marshal in the same way that a citation addressed to a proprietor of 
 an estate, without naming him, is for the time being required by law 
 to be served. 
 
 (2.) Such notice shall state shortly the nature and description of 
 the works to be executed, and shall, save in the case of a notice to 
 maintain a dam under section 4 (2), state the time within which such 
 works shall be commenced. 
 
 (3.) Such notice shall, save in the case of a notice to maintain a 
 dam under section 4 (2), also state the estimated cost of executing the 
 works referred to in the notice. 
 
 (4.) A return of the service of the notice signed by a Marshal 
 shall, without proof of the signature, be deemed in all Courts of 
 Justice sufficient evidence of the service therein stated, until the 
 contrary is proved. (Amd. 23 of 1899 s. 4.) 
 
 6. — (1.) Where the proprietor of an estate fails to commence within 
 the time limited the execution of the works or any of the works which 
 he has been required by the Colonial Civil Engineer to execute, or, in 
 the case of works required to be done under section 4 (2), where the 
 proprietor fails to execute them when and as soon as they become 
 necessary, the Colonial Civil Engineer shall ai)ply to the Governor-in- 
 Council for directions, and the Governor-in-Council may make such 
 order on the application as the circumstances may require.
 
 A.D. 1883.] 
 
 SEA DEFENCE. 
 
 [No. 2. 
 
 665 
 
 (2.) The Public Works Department shall execute such works as 
 the Govenior-in-Couiicil may direct. (23 of 1899, s. 5.) 
 
 7. — (1.) No deviation from the line in existence of any sea, river, 
 front, or outer dam of any estate shall be made without the permission 
 first obtained of the Governor-in-Council, who may refuse such 
 permission or may attach thereto such terms or conditions as to the 
 Governor-in-Council may seem expedient. 
 
 (2.) If any such deviation is attempted without such permission 
 having been first obtained, the Attorney General shall be entitled to 
 o})tai)i, on motion rx yarto^ an order prohibiting such attempt, and an 
 order requiring the removal of any work already begun or executed in 
 contravention of the provisions of this section ; and in case of non- 
 compliance by any person with any of the terms or conditions attached 
 to any such permission as aforesaid, the Attorney General shall be en- 
 titled to obtain, on motion p,x parte, from the Supreme Court of British 
 Guiana in its civil jurisdiction an order to enforce such compHance. 
 
 (3.) No power ad litem shall be necessary in any proceeding under 
 this section. 
 
 (4.) The proprietor of an estate shall be deemed to have attempted 
 to deviate from the line of an existing outer dam, within the meaning 
 of this se tion, if he constructs or commences to construct a dam 
 which, in the ojainion of the Colonial Civil Engineer, is intended to be 
 ultimately used as an outer dam. 
 
 8. — (1.) The propi'ietor of any right or interest in any estate who 
 desires to secure the estate in which he is interested from inroads of 
 the sea or any river or creek, or from being flooded by water, may 
 apply by petition to the Governor-in-Council either for an advance by 
 way of loan to defray the expense of such permanent works as may be 
 necessary or for an order authorizing the Public Works Department to 
 execute such permanent works and charging the cost thereof on the 
 estate. 
 
 (2.) Where the Combined Court provides the funds from which 
 any such advance may be made or cost defrayed, the Governor-in- 
 Council may grant any such apj^lication on such terms and conditions 
 as to the Governor-in-Council may seem meet. 
 
 9. Where an occurrence takes place by which any estate is in 
 danger of being or is submerged or flooded, and the occurrence is, in 
 the opinion of the Governor-in-Council, a calamity which it is expedient 
 in the public interest to I'emedy or to mitigate, the Governor-in-Council, 
 if the Combined Court provides the necessary funds, may out of such 
 funds grant to the proprietor of the estate so situated such sum of 
 money as to the Governor-in-Council may seem meet ; and such sum of 
 money shall be expended, under the supervision of the Public Works 
 Department, in the execution of such works as the Governor-in-Council 
 may direct. 
 
 10. Where, in order to protect the foreshore of any district, the 
 Governor-in-Council or Colonial Civil Engineer deems that it is 
 expedient to execute works which are intended for the protection of 
 more than one estate or of any district the following regulations shall 
 be observed, that is to say, — 
 
 (1.) The Public Works Department shall prepare detailed plans and 
 specifications of the proposed works, together with an estimate of 
 the cost thereof ; 
 
 VOL. I. 45 
 
 Prohibition 
 of making 
 alteration in 
 line of dam 
 without 
 permission of 
 the Governor- 
 in-Council. 
 
 Power to 
 proprietor to 
 raise money 
 for sea 
 defences. 
 
 Pro\asion 
 wlierecalamity 
 occurs to 
 estate. 
 
 Execution of 
 works for 
 jjrotection of 
 a district.
 
 666 No. 2.] THE LAWS OF BRITISH GUIANA: [A.D. 1883. 
 
 Decision as to 
 works to he 
 execute'l, and 
 apportionment 
 of costs 
 thereof. 
 
 I'ower to 
 take material 
 for execution 
 of works. 
 
 (2.) The Public Works Department shall also prepare a statement 
 showing the estates and any railway, canal, building or immovable 
 propert}^ of any kind, not being a plantation, which it is proposed 
 should be made liable to contribute to the cost of the execution or 
 maintenance of any of such woi'ks, and the proportions or manner 
 in which it is proposed to assess the amount to be paid by each of 
 such estates and any railway, canal, building or immovable 
 property of any kind, not being a plantation ; 
 
 (3.) A copy of the documents and plans hereinbefore in this section 
 required to be prepared shall be kept at the Office of the Public 
 Works Department in Georgetown, and, if any portion of the 
 district is in the County of Berbice, another copy shall be lodged 
 at the Office of the Department in New Amsterdam ; 
 
 (4.) A notice containing a short description of the nature and 
 position of the proposed works, the amount of the total estimated 
 cost, and the names of the estates and any railway, canal, building 
 or immovable property of any kind, not being a plantation, which 
 it is proposed should be made liable, and an intimation that the 
 documents and plans have been lodged and are open for inspection, 
 shall be given l)y public advertisement in The Official Gazette and 
 at least one other newspaper published in the Colony ; 
 
 (5.) The documents and plans shall remain open for the inspection 
 of every person desiring to see the same on every day, not being a 
 Sunday or public holiday, during office hours, for one month after 
 the date of the first publication of the notice ; 
 
 (6.) Any person who objects to the execution of any of the proposed 
 works, or to the jiroportion or manner in which it is proposed to 
 assess any estate in which he is interested, shall, within such 
 period of one month, lodge with the Public Works Department 
 his objections in writing and the grounds on which he bases his 
 objections ; and 
 
 (7.) After the expiration of such period of one month, the Public 
 Works Department shall forward the documents and plans, and 
 the objections, if any, with a full report thereon, to the Govern- 
 ment Secretary, to be laid before the Governor-in-Council. (Aind. 
 10 of 1899, s. 4.) 
 
 11. The Governor-in-Council, after considering the expediency of 
 executing the proposed works referred to in the last preceding section, 
 with all the objections thereto, and after hearing, if he considers it 
 necessary to do so, either before the Council itself or any Committee 
 thereof, any of the persons interested, may make such order as to them 
 may seem meet, and, it the Combined Court provides the necessary 
 funds, may direct that any works be executed for the protection of the 
 f )reshore as to them may seem meet, and may order and direct that the 
 cost of the execution and of the maintenance thereof shall be repayable 
 l)y the proprietors of the estates situated in the district intended to be 
 protected in such proportions and in such manner as to the Governor- 
 in-Council may seem meet. 
 
 12. — (1.) Wliere the Pu])lic Works Department execute any works 
 under this Ordinance for the protection of an estate, it shall be lawful 
 for the Public Works Department to dig earth, cut wood, and take 
 material of every kind from or on such estate which may be necessary 
 for any of such works.
 
 A.D. 1883.] SEA DEFENCE. [No. 2. 667 
 
 (2.) Tf any material is taken l)y the Public "Works Department and 
 tiie proprietor of the estate, or his authorized agent, ohjects to such 
 material being taken or f)bieets to the place from or the manner in 
 which any such material is being taken, he may apply to the Colonial 
 Civil Engineer for his personal directions, and the Colonial Civil 
 Engineer shall have full power to give such directions as the exigencies 
 of the case may appear to him to requii'e. 
 
 Protection of Foreshore. 
 
 13. — (1.) The Colonial Civil Engineer may make regulations for all Making of 
 
 or any of the following purposes, that is to say, — regulations 
 
 '' o 1 r ' ji for protection 
 
 (a.) For protecting the growth of underwood, shrubs, and trees of foreshore. 
 
 on or near the foreshore or between high and low water 
 
 marks ; 
 {h.) For the protection of the land and soil between high and low 
 
 water marks ; and 
 (c.) Generall}' for conserving the foreshore. 
 
 (2.) The regulations may apply to the whole or to any part of the 
 Colony described in the regulations. 
 
 (3.) Penalties may be imposed for the breach of any such regulation 
 not exceeding for any one offence the sum of one hundred dollars ; and 
 all such penalties may be recovered under any Ordinances for the time See Ordiimiices 
 being in force regulating the exercise of summary jurisdiction by andNo\Z(^ 
 Stipendiary Magistrates : Provided always that no such regulations iS'Ja. 
 shall come into force until they have been approved by the Governor 
 and Court of Policy, and the Governor and Court of Policy may alter 
 or amend any such regulation. 
 
 (4.) Every such regulation, as finally settled and approved by the 
 Governor and Court of Policy, shall be published in Tlie Official Gazette 
 and in at least one other newspaper circulating in the Colony, and 
 thereupon shall have the same effect as if it were enacted in this 
 Ordinance. 
 
 14. The proprietor of any estate shall not if the Colonial Civil Prohibition of 
 Engineer deems it necessary for the protection of any foreshore and endan"eih*K° 
 gives him notice to abstain from so doing, — any folesliore. 
 
 [a.) Cut or allow to be cut any courida or other trees or any 
 
 underwood or shrubs growing on either side of any sea, river, 
 
 or outer dam of his estate ; or 
 {b.) Remove or allow the removal from the foreshore of his 
 
 estate of any shell, sand, soil, or other material or of a.nj dead 
 
 trees, shrubs, or other debris. (6 of 1899, s. 5.) 
 
 15. Every proprietor of an estate shall if the Colonial Civil Engineer "Works, etc., 
 for the protection of any foreshore gives him notice to do so, — for the 
 
 i: J r> ' protection of 
 
 («.) Execute such works as may be deemed necessary by the '^^^y foreshore. 
 Colonial Civil Engineer and approved of by the Governor-in- 
 Council for the retention between high and low water marks 
 on the foreshore of his estate of any bank of sand, shell, mud 
 or other sulistance ; 
 
 {h.) Take such steps, by sowing of seed, planting of shoots or 
 otherwise, as the Colonial Civil Engineer deems necessary to 
 promote the growth of courida or other trees, underwood or
 
 668 No. 2.] THE LA WS OF BRITISH GUIANA : [A.D. 1883. 
 
 shrubs between high and low water marks on the foreshore of 
 his estate, 
 (c.) Remove any dead trees, shrubs, or other debris from the 
 foreshore of his estate. (6 of 1899, s. 6.) 
 
 Appeal by 
 person 
 aggrieved 
 against 
 
 Appeals. 
 
 16. — (1 ) Every person who is aggrieved by any requirement of the 
 Colonial Civil Engineer or by any action of the Public Works Depart- 
 ment under this Ordinance, or who considers that the time limited in 
 requirement of ^ny notice for the commencement or completion of any works is too 
 Civil Engineer, short, may appeal to the Governor-in-Council. 
 etc. (2.) Every such appeal shall be by way of petition. 
 
 (3.) The order of the Governor-in-Council on any such petition 
 shall be final and shall bind all persons interested, (s. 14.) 
 
 Repayment of 
 loan made for 
 execution of 
 works. 
 
 Preferent lien 
 of the Colony 
 foi- amount of 
 
 loan. 
 
 Loans for Works. 
 
 17. — (1.) The Governor-in-Council may direct that any money 
 advanced by way of loan or expended in the execution of any works 
 under this Ordinance shall be repaid in such manner, and at such times, 
 and in such instalments, and with interest at such rate as the Governor 
 and Court of Policy may deem expedient. 
 
 (2.) Where the cost of any works executed by the Public Works 
 Department under this Ordinance exceeds the estimated cost by more 
 than one-third of such estimated cost, the Governor-in-Council, if he 
 deem it expedient to do so and if the Combined Court provides the 
 necessary funds, may direct that the amount expended in excess of the 
 amount of such estimated cost and one-third added shall be paid out of 
 such funds, (s. 15.) 
 
 18. — (1.) All moneys advanced by way of loan under this 
 Ordinance and all money expended by the Public Works Department 
 under this Ordinance, other than grants made under section 9, shall be 
 deemed a debt due to the Colony, and for the repayment thereof the 
 Colony shall have a preferent lien on the estate, after debts due to the 
 Crown, and such lien shall continue notwithstanding any devolution, 
 transport, or letters of decree of such estate. 
 
 (2.) All such money may be recovered by parate execution at the 
 instance of the Receiver General against the proprietor of the estate, 
 without naming him. 
 
 (3.) Where any sum is repayable by instalments, on the failure to 
 pay any instalment or interest within ten days after the same becomes 
 due, the whole amount then remaining unpaid, with the interest 
 thereon, sliall immediately become due and payable. 
 
 (4.) A certificate signed by the Receiver General that a specified 
 amount is due under the provisions of this Ordinance from the pro- 
 prietor of the estate shall, without any proof of the signature, 
 be received in all Courts as proof of the fact, until the contrary is 
 proved. (S. 16.) 
 
 Miscellaneous Provisions. 
 
 Notices. \Q^ Any notice under this Ordinance may be given by post by 
 
 means of a registered letter signed l)y the Colonial Civil Engineer and
 
 A.D. 1883.] SEA DEFENCE. [No. 2. 669 
 
 addressed to the proprietor or his attorney or the manager or any 
 occupier of the estate to which the notice relates, and the production 
 of the receipt for such registered letter shall be jjrima facie evidence in 
 all Courts of law. (6 of 1899, s. 7.) 
 
 20. The production of a copy of any order or direction of the Proof of order 
 Governor-in-Council under this Ordinance, certified as a correct copy of the 
 
 by the Government Secretary or Clerk of the Executive Council, or the ^ounciT^ '" 
 production of the The Official Gazette containing the official intimation 
 of any order (»r direction of the Governor-in-Council under this 
 Ordinance, shall be conclusive proof that such order or direction has 
 been made and that the same has been in all respects rightly made and 
 is binding on all persons, (s. 17.) 
 
 2 1 . Any work or thing which the proprietor of a plantation is Execution of 
 reciuired under this Ordinance to execute or do may, if he refuses or works by 
 neglects to execute or do the same within the time specified in the ^oiomai t^ivu 
 notice given by the Colonial Civil Engineei", be executed and done by 
 
 the Colonial Civil Engineer, who shall therefor have the powers con- 
 ferred by section 12 of this Oi'dinance, and section 18 of this Ordinance 
 shall apply to the cost of any work or thing so executed or done by him. 
 (6 of 1899, s. 9.) 
 
 22. — (1.) No person, other than the officers of Government herein- Limitation of 
 before mentioned, shall have any right of action for anything done "ght of action 
 vmder this Ordinance or in respect of anything omitted to be done pubUc officers, 
 which might or ought to have been done under this Ordinance. 
 
 (2.) Any person who desires that the Colonial Civil Engineer 
 should take any action under this Ordinance shall apply by petition to 
 the Governor-in-Council. (s. 18.) 
 
 23. Every person who wilfully obstructs any member of the Public Penalty on 
 
 Works Department acting under the provisions of this Ordinance shall ^^structin 
 
 be guilty of an offence, and, being convicted thereof, shall be liable to officer acting 
 
 a penalty not exceeding two hundred and forty dollars, (s. 19.) under the 
 
 t^ -^ ° J \ / Ordinance. 
 
 24. Every person who — Punishment 
 
 of Dcrsoii 
 (1.) Wilfully damages any dam or defence against the sea or any damaging 
 
 water ; or defences. 
 
 (2.) Unlawfully takes for his own benefit any of the material of 
 any such dam or defence, 
 
 shall be guilty of an offence punishable on summary conviction, and, 
 being convicted thereof, shall be liable to a penalty not exceeding fifty 
 dollars or to imprisonment, with or without hard labour, for any term 
 not exceeding two months, (s. 20.) 
 
 25. Every person who infringes any of the provisions of this Penalty. 
 Ordinance shall be liable to a penalty not exceeding one hundred 
 dollars recoverable under the Summary Jurisdiction Oi-dinances. (6 of 
 
 1899, s. 8.) 
 
 26. This Ordinance shall be in force throughout the Colony subject Operation of 
 to the special provisions of any Ordinance from time to time in force Ordinance, 
 affecting any specified part thereof. (6 of 1899, s. 10.) 
 
 VOL. I. ■iC
 
 670 
 
 No. 4.] THE LAWS OF BRITISH GUIANA .- [A.D. 1883. 
 
 A.D. 1883. 
 
 Short title. 
 
 Interpretation 
 of terms. 
 
 Exemption of 
 ■<!ertain sliijis 
 from operation 
 
 of the 
 
 Ordinance. 
 
 Cases in which 
 Court of 
 Inquirj' may 
 be appointed. 
 
 Constitution 
 and powers of 
 Court. 
 
 ORDINANCE No. 4 OF 1883. 
 
 An Ordinance to make provision for Due Investiga- 
 tion into the Causes of Shipping Casualties. 
 
 [5th December, 1883.] 
 
 WHEREAS it is expedient to provide for due investigation into 
 the causes and circumstances attending wrecks or other casualties 
 affecting ships, and into charges of incompetency or misconduct 
 on the part of masters, mates, or engineers of British ships : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1 . This Ordinance may be cited as the Shipping Casualties Investi- 
 gation Ordinance, 1883. 
 
 2. In this Ordinance, unless the context otherwise requires, — 
 
 •' The Court " means a Court of Inquiry appointed under the pro 
 
 visions of this Ordinance : 
 " Ship " means any sea-going vessel or steamer. 
 
 3. Nothing in this Ordinance shall be deemed to apply to any ship 
 belonging to or in the service of His Majesty or to any ship belonging 
 to any Foreign Prince or State. 
 
 Court of Inquiry, 
 
 4. It shall be lawful for the Governor, in his discretion, to appoint 
 a Court of Inquiry under this Ordinance, — 
 
 (1.) In any of the following cases, that is to say, — 
 
 («7.) When any ship has been lost, abandoned, or damaged on or 
 near the coasts of this Colony ; or 
 
 (6.) Whenever, by reason of any casualty happening to or on 
 board of any ship on or near such coasts, loss of life has 
 ensued ; or 
 
 (c.) Whenever any ship has caused loss or damage to any other 
 ship on or near such coasts ; or 
 
 {d.) Whenever such loss, abandonment, damage, or casualty has 
 happened elsewhere to any British ship and any competent 
 witness thereof has arrived or is to be found at any place in 
 this Colony ; or 
 
 {e.) Whenever any British ship is supposed to have been lost and 
 any evidence can be obtained in this Colony as to the circum- 
 stances under which such ship proceeded to sea or was last 
 heard of ; and 
 (2.) In any of the following cases, that is to say, whenever the 
 
 Governor has reason to believe that the master, mate, or engineer 
 
 of a British ship is, from incompetency or misconduct, unfit to 
 
 discharge his duties. 
 
 5. — (1.) The Court shall consist of a Stipendiary Magistrate and two 
 Assessors, being persons having nautical or engineering or other special
 
 A.D. 1883.] SHIPPING CASUALTIES (INVE.'^TIGATIOS). [No. 4. 671 
 
 45 k 46 Vict., 
 c. 7<>. 
 
 skill or knowledge, to be appointed by the Governor, and the Stipendiary 
 Magistrate shall be President of the Court. 
 
 (2.) The Court is hereby authorized to make the inquiries referred 
 to in section 4 and all inquiries authorized to be made by a colonial 
 tribunal under the provisions of the Merchant Shipping (Colonial 
 Inquiries) Act, 1882, of the Imperial Parliament. 
 
 (3.) The Court may suspend or cancel the certificate, whether of 
 competency or service, of any master, mate, or engineer in the following 
 cases, that is to say, — 
 
 {a.) If, on any investigation under sub-section (1) of section 4, 
 the Court finds that the loss, abandonment, or damage to any 
 British ship or loss of life has been caused by his wrongful 
 act or default ; or 
 
 (h.) If, on any investigation under sub-section (2) of section 4, 
 the Court finds that he is incompetent or that he has been 
 guilty of any gross act of misconduct, drunkenness, or tyrann3\ 
 
 (4.) The Court shall, at the conclusion of the case or as soon aftei'- 
 wards as possible, state in open Court the decision to which it has come 
 with respect to cancelling or suspending any certificate, and shall in all 
 cases send a full report upon the case, with the evidence, to the Governoi", 
 and shall also, if it determines to suspend or cancel any certificate, 
 forward such certificate to the Governor with their report ; and a copy 
 of such report, together with the certificates, if any, shall forthwith be 
 forwarded by the Governor to the Board of Trade. 
 
 (5.) No certificate shall be suspended or cancelled under this sec- 
 tion unless a copy of the report, or a statement of the case upon which 
 the investigation is ordered, has been furnished to the owner of the 
 certificate befoi'e the commencement of the investigation, nor unless 
 one Assessor at least expresses his concurrence in the report forwarded 
 to the Governor. 
 
 (G.) Where any such investigation involves or appears likely to 
 involve any question as to the cancelling or suspending of the certifi- 
 cate of a master, mate, or engineer, it shall be held with the assistance 
 of not less than two persons having experience in the merchant 
 service. 
 
 6. In case any member of the Court is or becomes unwilling to act Provision 
 or dies, the Governor may appoint another person similarly qualified ^'^^^^ member 
 in his place ; and no Court of Inquiry shall lapse by reason of, or be unable'^to*'' 
 otherwise affected by, the death, absence, or removal of the Governor act, etc. 
 appointing the same. 
 
 Proceedings on Inquiry. 
 
 7. — (1.) The Court may require any master, mate, or engineer, pos- 
 sessing a certificate of competency or service whose conduct is called in 
 question, or appears to the Court to be likely to be called in question, 
 in the course of such investigation to deliver the certificate to the 
 Court, and the Court shall hold the certificate so dehveretl until the 
 conclusion of the investigation, and shall then either return tl:e same 
 to such master, mate, or engineer, or, if the Court decides to suspend 
 or cancel such certificate, shall transmit the same to the Governor to 
 be forwarded to the Board of Trade. 
 
 (2.) If any master, mate, or engineer fails to deliver his certificate, 
 when required l)y the Court to do so, he shall be guilty of an oflence. 
 
 Power to Court 
 to require 
 delivery of 
 certificate.
 
 672 
 
 No. 4. J THE LA WS OF BRITISH GUIANA : [A.D. 1883 
 
 and, being convicted thereof, shall be liable to a penalty not exceeding 
 two hundred and forty dollars. 
 
 Making of 
 report by 
 Court. 
 
 Making of 
 rules of 
 procechire. 
 
 Power of 
 insjjection of 
 members of 
 Court. 
 
 Summoning 
 and 
 
 examination 
 of witnesses. 
 See Ordinance 
 No. 12 of 1893. 
 
 Schedule. 
 
 Mode of 
 dealing with 
 person refusing 
 to be sworn, 
 etc. 
 
 Mode of 
 dealing with 
 witness 
 r(;f\ising to 
 appear. 
 
 8. — (1.) It shall be the duty of the Court to make a full, faithful, 
 and impartial inquiry into the matters specified in the appointment 
 thereof. 
 
 (2.) Where the members of the Court are not unanimous in their 
 opinions, each member shall state in writing the conclusions which he 
 has arrived at and his reasons. 
 
 9. — (1.) The Court may make such rules for its guidance and the 
 conduct and management of proceedings before it, and the hours, times, 
 and places for its sittings, not inconsistent with its appointment, as it 
 may from time to time think fit, subject only to the terms of its 
 appointment. 
 
 (2.) It shall be lawful for the Court to exclude any particular 
 person or persons from any sitting of the Court, either for the preser- 
 vation of order, for the due conduct of the inquiry, or for any other 
 reason. 
 
 1 . The members of the Court may go on board any ship in respect 
 to which any such inquiry is held, and may inspect the same or any 
 part thereof or any of the machinery, boats, equipment or articles on 
 board thereof, not unnecessarily detaining or . delaying her from pro- 
 ceeding on any voyage. 
 
 11. — (1.) The Court shall have the power of a Stipendiary Magis- 
 trate of this Colony to summon witnesses, and to call for the production 
 of books, plans, and documents, and to examine upon oath witnesses 
 and parties concerned. 
 
 (2.) All summonses for the attendance of witnesses or other per- 
 sons or the production of documents may be in the form contained in 
 the Schedule to this Ordinance, and shall be signed by one of the mem- 
 bers of the Court, and oaths may be administered by any member of 
 the Court, or by the clerk of the Court. 
 
 (3.) No member of the Court shall be liable to any action or suit 
 for any matter or thing done by him as a member of the Court. 
 
 1 2. If any person present in Court is required to give evidence and, 
 without lawful excuse, refuses to be sworn, or to give evidence, and if 
 any person at the sitting of the Court wilfully insults any member of 
 the Court or any officer of tlie Court, or wilfully interrupts the pro- 
 ceedings of the Court, or otherwise misbehaves in Court, it shall be 
 lawful for any constable or other person, by order of the Court, to take 
 the oifender into custody and detain him until the rising of the Court ; 
 and the Court sliall be empowered, if it thinks fit, by a warrant signed 
 by the members of the Court or a majority of them, to commit any 
 such offender to any Prison for any time not exceeding one month, or 
 to impose upon such offender a fine, not exceeding forty-eight dollars, 
 for every such offence, and, in default of immediate payment thereof, 
 to commit the oifender to Prison for any time not exceeding one month, 
 unless the said fine is sooner paid. 
 
 13. — (1.) If any person summoned as a witness before the Court 
 refuses or neglects to appear at the time and place appointed by the 
 said summons and otherwise to comply with the same, and if no just 
 excu.se is olfered for such refusal or neglect, then (after proof upon oath
 
 A.D. 1883.] SHIPPING CASUALTIES (INVESTKIATIOX). [No. 4. 673 
 
 of such sunuiions having been served upon such persf)n, either personally 
 or by leaving the same for him with some person of his place of abode) 
 it shall be lawful for the Court to issue a warrant, signed by the memljers 
 of the Court or a majority of them, to bring and have such person, at 
 a time and place therein mentioned, before the Court to testify as 
 aforesaid. 
 
 (2.) Jf, on the appearance of the person so summoned, either in 
 obedience to the said sunnnons or upon being brought by virtue of the 
 said warrant, such person refuses to be examined upon oath concerning 
 the premises, or refuses to take such oath, or, having taken such oath, 
 refuses, without sutiicient cause, to answer such questions as may be 
 then put to him ))y or with the concurrence of the Court, or refuses, 
 without sufficient cause, to produce any document which he may be 
 summoned to produce, or refuses to subscribe his deposition, the Court 
 may by warrant signed as aforesaid, commit the person so refusing to 
 any Ordinary Prison of the Colony for any time not exceeding one 
 month, unless he in the meantime consents to be examined and to 
 answer concerning the premises, or to produce such documents, if any, 
 or to sul)scribe his deposition, as the case may be. 
 
 (3.) In addition to being liable to be so dealt with, every person 
 so acting shall be deemed guilty of an offence, and, being convicted 
 thereof, shall be liable to a penalty not exceeding one hundred dollars : 
 Provided that no person shall be punished for an offence under tliis 
 section for any offence for which he has been punished under the pro- 
 visions of section 12. . 
 
 14. The Governor may appoint a clerk to afford clerical assistance 
 and to perform such duties connected with the inquiry as the Court 
 may prescribe, subject to the directions, if any, of the Governor. 
 
 15.— (1.) The Governor may direct what remuneration, if any, shall 
 be paid to the members of the Court or to the clerk. 
 
 (2.) A witness summoned or attending at the Court may receive 
 such reasonable remuneration as the President of the Court may certify 
 should be allowed, not exceeding in any case what would be allowed 
 to the witness for attendance at the Supreme Court of British Guiana 
 in its civil jurisdiction. 
 
 (3.) All the expenses connected with the appointment of any 
 Court or any inquiry under this Ordinance shall be defrayed from the 
 sum provided for the miscellaneous expenses of justice 
 
 16. The appointment of any Court under this Ordinance shall be 
 published in The Ojficial Gazette, and shall take effect from the date of 
 such publication. 
 
 Appointment 
 of clerk of 
 Court. 
 
 Remuneration 
 of members 
 and clerk, etc. 
 
 Notification of 
 appointment 
 of Court. 
 
 SCHEDULE. 
 Summons to Witness. 
 To A. B. \^iiainf of iri/iirss and his calling raid rcxidoicr. if Jaioioi.'] 
 
 You arc hereby summoned to appear before [//dv jiamr the mcmherH of thr 
 CoHyt'\ appointed by the Governor to inquire \_sfi(te hricjhj the Kuhjcct of the inqiiir\f\ 
 at Sj)l(tce^ on the day of 1 , at o'clock, m., and to give 
 
 evidence respecting such inquiry \if the persux tiummoned is to produce oiuj documents, 
 add andyouaie hereby required to bring with you [specify the books, plans, and 
 doctonents required)']. 
 
 Therefoie fail not at yovir peril. 
 
 Given under the hand of member of the Court of Inquiry, this 
 
 day of 1 
 
 Section 11.
 
 674 
 
 No. 5.] THE LA WS OF BRITISH GUIANA : [A.D. 1883. 
 
 OKDIXANCE No. 5 OF 1883. 
 
 A.D. 1883. An Ordinance for enabling the Combined Court, or any 
 ^ Committee of the said Court, or the Committee of 
 
 Ways and Means to procure and take Evidence 
 upon Oath. 
 
 [8th December, 1883.] 
 
 Ordinance 
 No. 13 0/1894 
 .^. 3 (14) 
 incorpo}'ated. 
 
 As to the Court 
 of Policii, 
 see Ordiivance 
 No. 7 of 1880. 
 
 Short title. 
 
 Interpretation 
 of term 
 
 Tower to the 
 Combined 
 Court, or Com- 
 mittee thereof, 
 to summon 
 \vitnesses. 
 
 Schedule : 
 Form No. 1. 
 
 Power to the 
 Combined 
 Court, etc., to 
 administer 
 oatli or 
 affirmation. 
 
 WHEREAS it is expedient that the Combined Court, and any 
 Committee of the said Court appointed by the Governor, 
 and the Committee of Ways and Means should be enabled to 
 make full investigation into the various matters which are subject to 
 their determination, and should respectively have the powers of 
 compelling the attendance of witnesses and of administering oaths to 
 witnesses : 
 
 Be it therefore enacted by the Governor of British Guiana, with the 
 advice and consent of the Court of Policy thereof, as follows : — 
 
 1. This Ordinance may be cited as the Combined Court (Evidence) 
 Ordinance, 1883. 
 
 2. In this Ordinance, the term " The Committee of Ways and 
 Means " means the Committee of Ways and Means of the Combined 
 Court. 
 
 3. — (1.) Where it appears to the Combined Court, or to any 
 Committee of the said Court appointed by the Governor, or to the 
 Committee of Ways and Means that any person within the Colony is 
 able to give any information with respect to the subject-matter of any 
 question arisiug for their determination, it shall be lawful for the 
 Combined Court, or for such Committee, or for the Committee of 
 Ways and Means to cause a summons to be issued to such person, in 
 the Form No. 1 contained in the Schedule to this Ordinance, or in such 
 other form as the circumstances may appear to render expedient, 
 requiring such person to be and appear before the Combined Court, or 
 before such Committee, or before the Committee of Ways and Means 
 at the time and place specified, for the purpose of being examined, and 
 thereafter to I'emain in attendance on the Combined Court, or on such 
 Committee, or on the Committee of Waj's and Means until permitted 
 by the Combined Court, or by such Committee, or by the Committee of 
 Ways and Means to withdraw. 
 
 (2.) Every such summons shall he served by the Registrar or by 
 a Marshal, and may be served in the same way as a summons is by 
 law recjuired to })e served on a person who is summoned to attend as 
 a witness at the Supreme Court of British Guiana in its civil 
 jurisdiction. 
 
 4. — (1.) The Combined Coui't may administer an oath to any witness 
 
 examined before the said Court, and any Committee of the Combined 
 
 Court appointed by the (governor, or the Committee of Ways and 
 
 Means, may administer an oath to any witness examined before them. 
 
 (2.) Where any witness to be examined under this Ordinance
 
 A.D. 1883.] COMBINED COURT (EVIDENCE). [No. 6. 675 
 
 conscientiously objects to take an oath, he may make his solemn 
 affirmation and declaration in the words following : — 
 
 " I, A. li., do solemnly, sincerely, and truly alBrm and declare that the taking of 
 any uath in, according to my i eligiou.s Ijclief, unlawful, and I do also solemnly, 
 sincerely, and truly affirm and declare, etc." 
 
 (3.) Any solemn affirmation and declaration so made shall be of 
 the same force and effect, and shall entail the same consequences, as an 
 oath taken in the usual form. 
 
 (4.) Any oath or affirmation may be administered to the witness 
 by any member of the Combined Court who is authorized to do so by 
 the Governor, and may be administered by any member of any Com- 
 mittee thereof appointed by the Governor or by any member of the 
 Committee of Ways and Means. 
 
 5. If any person summoned to attend as a witness before the Com- Mode of 
 })ined Court, or before any Committee of the Court appointed by the dealing with 
 Governor, or before the Committee of Ways and Means refuses or ^f "^Ij^g ^j. 
 neglects, without sufficient cause, to attend at the time and place men- neglecting to 
 tioned in the summons, it shall be lawful for the Combined Court, or attend, 
 for any Committee thereof appointed by the Governor, or for the 
 Committee of Ways and Means to issue a warrant, in the Form No. 2 
 contained in the Schedule to this Ordinance or in such other form as Schedule : 
 the circumstances may appear to require, signed by the Secretary of Form No. 2. 
 the Court, authorizing and directing the Registrar or any Marshal to 
 arrest such person and detain him in custody until he can be bi'ought 
 before the said Court, or before such Committee, or before the Com- 
 mittee of Ways and Means : Provided always that no person shall be 
 detained under any such warrant for a longer period than one week. 
 
 6. — (1.) Every person who is summoned to attend as a witness before Mode of 
 the Combined Court, or before any Committee thereof appointed by ^^tjj"g° ^'^^^ ^ 
 the Governor, or before the Committee of Ways and Means and who refusing to be 
 refuses to be sworn, or, where he conscientiously objects to take an sworn, etc. 
 oath, refuses to make a solemn affirmation and declaration, or to answer 
 fully and satisfactorily, to the best of his knowledge and belief, all 
 questions put to him, and every person who, being present before the 
 Combined Court, or before any Committee of the said Coui't appointed 
 by the Governor, or before the Committee of Ways and Means, wilfully 
 insults any member of the said Court, or of such Committee, or of the 
 Committee of Ways and Means, may be committed to any Ordinary 
 Prison and there detained for any period not exceeding three months : 
 Provided always that where the improper conduct has taken place 
 before any Committee of the said Court, or before the Committee of 
 Ways and Means, the circumstances shall be reported by such Committee 
 to the Combined Court in writing. 
 
 (2.) Where any person is so committed, a warrant of commitment 
 shall be issued authorizing the Keeper of the Prison to detain such 
 person for the time therein stated. 
 
 (3,) Every such warrant may be in the Form No. 3 contained in 
 the Schedule to this Ordinance, or in such other form as the Combined Schedule . 
 Court may deem i^ight. Form No. 3. 
 
 (4.) Every warrant purporting to be issued by direction of the 
 Combined Court may be signed by the Secretary of the Court, and
 
 676 
 
 No. 5.J THE LA WS OF BRITISH GUIANA : [A.D. 
 
 1883. 
 
 Punishment 
 of person 
 giving false 
 evidence. 
 
 Section 3. 
 
 shall be deemed in all Courts of law to be sufficient and effectual for 
 detaining the person mentioned therein in the said Prison for the 
 time stated, and to have been issued for good and sufficient cause. 
 
 7. Every person examined under this Ordinance who wilfully gives 
 false evidence shall be guilty of perjury. 
 
 SCHEDULE. 
 FORMS. 
 
 Form No. 1. 
 
 Summons to Witness. 
 To A. B. 
 You are hereby required to appear before the Combined Court, [or before a 
 Committee of the Combined Court appointed by His Excellency the Governor, or 
 before the Committee of Ways and Means,] at \_ph(ce], at o'clock, m., on 
 
 the day of 1 , and thereafter to remain in attendance until 
 
 permitted to withdraw. 
 
 Therefore fail not at your peril. 
 
 Dated this 
 
 day of 
 
 1 
 
 (Signed.) 
 
 Section 5. 
 
 Form No. 2. 
 Warrant of Apprehension where Witness neglects to attend. 
 
 To the Registrar and all Marshals. 
 
 Whereas A. B. was duly summoned to appear as a witness before \_as in last 
 Form"] at on the day of 1 ; And whereas 
 
 the said summons has, by the return of the Marshal, been duly served ; And 
 whereas the said A. B. has neglected to obey the said summons : — Now, 
 therefore, this is to empower you to apprehend the said A. B. and bring him 
 before [«-■ in last Form'] and for so doing, this shall be your sufiBcient 
 warrant. 
 
 Issued by the direction of the Combined Court \_or of a Committee of the Com- 
 bined Court appointed by the Governor, or of the Committee of Ways and 
 Means]. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 Section 6. 
 
 Form No. 3. 
 
 Warrant of Committal for Misconduct. 
 To the Keeper of the Prison at 
 
 Whereas A. B., being present before [r/s in Form No. 1] on the day 
 
 of 1 , did then and there misconduct himself : — Now, therefore, 
 
 this is to empower and direct you to keep the said A. B. safely in custody for 
 the period of now next ensuing, from the day of 1 , 
 
 to the day of 1 ; and for so doing, this shall be your 
 
 sufficient warrant. 
 
 Issued by direction of the Combined Court. 
 
 Dated this day of 1 
 
 (Signed.) 
 
 End of Volume I.
 
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