The Laws of British Guiana v1 1000282720

THE
LAWS
A
OF
NEW
BRITISH
AND REVISED
GUIANA.
EDITION.
"
JÊEPARED LAWS
UNDER
THE
AUTHORITl^
OF
THE 1904.
STATUTE
(REVISED
EDITION)
BY
ORDINANCE,
SIR
THOMAS
CROSSLEY
ATTORNEy-GENERAL.
RAYNER,
Knt., K.C
IN
FIVE
VOLUMES.
"^/
VOL. Resolutions of tlie
L A.D.
States-General,
to
1774,
Ordinance
No.
of
1883.
LONDON
PRINTED
BY
WATEKLOW
LONDON
tVi
SONS
LIMITED,
GUIANA.
WALL,
OF 1905. BRITISH
FOR
THE
GOVERNMENT
LONDON :
PRINTERS, LIMITED SONS "WATERLOO AND
LONDON
WALL.
he50
PREFACE.
Colony has been prepared Ordinance, (Revised Edition) It is based on 1904. the edition prepai'ed in 1894 Mr. by (now Sir .John) then Attorney-General of the of an Carringttm, Colony, under the authority Ordinance similar to that under which the present edition has been prepared. Thoui^hthe edition of 1894 was the first edition of the Statute Law of the Colony issued by the authority of the Government, it was of it not the first compilation that was and a brief account of the various editions which have been published,
new
This
and
revised edition of the Statute
Laws
of the
and
under printed
of the Statute Laws the authority
issued may be of interest. The earliest compilations of the

"
laws
are
contained
in The
volumes
called the
for the
Local Guides,"which
appears
to
were
issued at
1815
are
have
been
are
the first issued. called in the

"
occupied by
a
what
contain
listof the estates
intervals. one irregular year It contains only 89 pages, of which 41 of Legislative. The other pages Abstracts Acts." some officials, general Colony,a list of the public
an
information
about
the
in
Colony,and
and
almanac
for the year.

to
The
of
next
appears 208
to
ai-e
have been issued
1819,
it had
grown
Local
a
256
"
pages,
were
which
occupied by
1822, and
Laws.
out
"
the
"
Abstracts."
Other
"
Guides
or
issued in
1820, 1821,
1825, each of which

for
contains may
more
as
That
1821, which
to
"
be taken
of the complete compilation of the others,devotes 277 typical less Laws from 1789
to
of its 400
"
pages do not
Abstracts
to
of the Local
1820."
These
arrangedupon any system, theyare not printed not but appear various under are chronologically, arranged headings which The laws An index of these headings is prefixed to the volume. alphabetically. in these volumes applyonly to Demerara till not and it was some and Essequebo, that in and with Demerara of the union Berbice on later, 1831, Essequebo, years the Colony of British Guiana constituted. was In the "Local after the Colony was con for 1832, the first year Guide" in British Guiana" "Abstracts of the Laws in operation and Ordinances stituted, 370 various headings,but without occupy some pages out of 432, arrangedunder for the next been very irregular to have any system. The publication appears
appear
Abstracts
be
ten
years, but in 1843

"
the
"
Local Guide"
to
with appeared
what
the
ment "AdvertiseLaw of
to prefixed
it claims
be
the
their
Colony as in force at the the States High Mightinesses West Assembly of ten of the Dutch
and
of compilation complete beginningof the year 1843,

"
the Statute
whether
General India
of
the
United
the
enacted by Netherlands, the

in of
Company,
King
Court and
Council, the
Governor United
Court
Colony of
Policyof Berbice,the Governor and Essequeboand Demerary, or the Governor

of
Policy of
of nlaims
to
the
Court
PoHcy
be ^^
of British Guiana."
is the first con'pilationwhich This,therefore,
845CG3
IV
complete, Laws, system

as
and
it
occupies800
an
pages
are seven
out
of the
934
contained
various
in the
volume.
on
The
no
in
previous volumes,
Index which
of
arranged
pages
under
at at
headings, but
and
a
there is
the
end,
the
Table
of Contents
to
to prefixed
the volume
gives the pages

connected which
which
various
headings are
fact that
be found.
An contains circumstance interesting
a
with
had
this volume
is the
it
number
of
new
Ordinances
when
been
rendered
in
necessary
the law
by
the
abolition
necessary
of
to
slaveryin 1838, adapt

then it to the
considerable
social
amendment of the
the in
became
altered
condition
with
Colony. duty
this in the
"
Sir William
Arrindell, the
fact have
to
Chief
Justice,was
of had
entrusted
his labours
of
drafting the
the
to
and requiredlegislation, that been

a
the result
alterations
appears
volume, and
law appears this
such
the
extensive
reason
been
recentlymade
the
"
why
the
of publishers Statute
a
Local
Guide
made
attempt
that
"
issue
complete compilationof the

not
"
Law
of the
Colony.
"
It is clear in the
they did
sufficient other
contemplate issuingsuch
referred
to to
compilationannually,for
their
tisement Adverwith
before
they
print
issue
an
state
an
intention,
if it should
meet
encouiâgement,
After 1843 it
came
"
Annual
along Supplement, containing,

laws
as
with be
useful
information, all such

the
to
additional
of the
may
from appears
time
to
to
time
enacted."
very
"Local
Guide"
have
been
and irregular, In the

"
end
in 1864. issued
state (1864),the publishers
Preface
and
to
the
last volume of
our
that
prised com-
"
complete
in
a
entire
collection
statutory
laws
could
not
possiblybe
will this much
of manageable dimensions single volume ; but this the Ordinances in bring together principal frequent use," and volume
be
found
of in but
to
part
as
the the
no
occupies
of Contents.
much
to
985
pages is
out
an
of
total
at to
of the
an
1,064, arranged
previous volumes.
Table showed
value
There This
Index
beginning
end
a
of of
the volume,
volume
brought
part
of
series
which publications
were
the 1864
enterpriseon Colony.
a
the
the
compilers,and
"
which
of
great
In with
volume
called
the
"
"
The
Laws
of British Guiana
"
was
which, published,
have been the and first
the
exception of
to
Local
Guide
of
a
of
1843,
appears Law of
to
attempt
first
issue of
complete
kind
to
edition
issue
the
Statute
the
Colony,
the
from
attempt
It
any
it in
complete form
an
separate and
of up
distinct
other matter.
was
compiled by
one
Mr.
H.
A.
Firth,
with
Immigration Agent
year 1811 and
went
the
to
Colony,
the
and
of
was
in
volume, which
Ordinances
began
the
date after
were arranged A Table Statutes. in chronological order styleof Chitty's to the prefixed volume, containing:
publication. The
under
various
headings,much
in three
the
parts was
"
(1.) All (2.) All

Berbice
the enactments
and
Demerara the
passed from Essequebo ; passed from

passed
from
1811
to
1831
by by
the
Court
of
Policy of Policy of
of
enactments
1812
to
1831
the Court
of
; and
(3.) All
Guiana
the
Ordinances the Union

one
1831
by
the of
Court
of
Policy
British
after into
of the three
Colonies
Demerara,
Essequebo, and
Berbice
Colony.
The and
were
Table
case
indicates
whether then
volume in
an
Ordinance
gave the about
had
pages 900
been
of
repealedor
the volume
had where
an
lapsed, they
of
in the
to
of those The
force
be found.
at
contained
folio pages,
with
Index
91
pages In
the Mr.
end. Firth
issued
a
1870
to
second
same
volume, containing the

manner as
Ordinances and
passed paged
also in 1864
two
from
1864
1869, arranged
of it. A
in the
in the
first one,
continuation
table of the chronological

one
Ordinances
was
passed
laws
between
and
1869, similar to the
in the
first volume,
prefixedto
the
it,and
contained
tables
showing
:
the effect of
first
subsequent legislation upon

order chronological
in the
first volume
the
same
in sho'WTiig
the Ordinances the

are
affected,and
under
A which
new
the second
the
Ordinances
arranged according to
the pages
at
headings
to
they
Index
appear
in the
work, and
which
they
was
be
The
found. second but
to the whole
work, comprising both

and than
volumes,
about
added.
800 folio
volume,
it
was
including the printed in

This much
Tables
Index, contained
pages,
largertype compilation, though

and it
the first volume.

not
the
work
of
as
lawyer,
seems
to
have
been of the
exceedinglywell done,
laws up In
"
was
used
almost
an
authoritative
edition
to
comparativelyrecent
there
was
period.
"
1870
begun
New
and from
Revised the
and year
Edition 1773
of the Laws
to
a
of British This
was
Guiana,
arranged chronologically
Mr. the
is
no
1873."
publishedby
had
also
L. McDermott,
the editor the
of publisher of
local newspaper
(who
seems,
been there The
publisher of
first volume
on
Firth's
page,
to
laws),and
have with
an
he
though
compiler'sname
was
the six
title
also
been
the
in
over
a
compiler.
about
years twelve
work
completed
in
octavo
volumes,
Index
separate volume.
years, what also
The
was publication
somewhat which
and irregular,
the work
not
was
spread
to
the sixth volume, the the
carried
up
1880
(seven
beyond
year This
in which
contemplated) compiler originally Index volume was published.

the
appearing
time
till 1882,
edition in
a
contains
Ordinances
there but
in is
force
a
at
the
of
publication
contained
arranged
in each
chronoloa;ical order, and
Table is
no
of the Ordinances
volume,
prefixedto
that
volume,
there
general Table
to
showing
much
the
whole
never
of the Ordinances
repealedand including passed,

use
spent Ordinances.
have been
This edition
used.
superseded the
The
various
of Firth's,and before referred
does
not
appear
editions
to, like the earlier editions of the

were
a
English
or
Statutes, were
authorized Firth
to
the
and result of privateenterprise,
not
in any money
way
to
official assist
editions,though
the Government
gave
sum
of
Mr.
publish his edition.

1894 Laws it
was
In Statute
decided
to
prepare the Sir

with in
and
Statute
publish
Laws
an
authorized
edition
of the
of the
Colony, and
(Revised Edition) Ordinance,

Attorney-General,
and consolidation. Index
the
a
1894,
was
passed, appointing
for that
was
John wide
1895
Carriiagton,then
powers
in
Commissioner The volume.

powers
"
purpose,
of revision
five
edition
In
published preface
him
to
volumes,
including an
reviewed them.
Laws
the
that
edition. Sir
how
John
had
Carrington
exercised
conferred
examination
upon
and
explained
this will
he
He
said
An
of the
of provisions
Ordinance the
[the Statute
powers
(Revised
and
"
Edition) Ordinance, 1894,]
show
that
of re-arrangement
VI
'
formal with
revision the
conferred
of
by
the
"'"
duty
preparing the
or
the Commissioner Legislatureupon and edition passing it through the

at
charged
press
are
"
"
necessary, very large. It was be conferred, having regard to fact of that

an
any
rate
that desirable, of the Statute issued
such Book
powers and
should
to
the
condition
never
the
"
authorized These
edition of it has
powers have
been
by
the
Government the
"
the
Colony.
been
exercised
in principally
^n
followthe the
"
ing
"
"
namely, the consolidation of enactments in the of enactment of introductory words omission the of older Ordinances, the rendering phraseologyof
ways,
j)ari materid,
sections
more
several
enactments
of
simple
breaking
"
and up of
direct,where
this could involved
be
done into
without
affecting the
sense,
the
"
long
so
as
and
to
sections shorter
the sub-sections, and clearer, The that
re-writingof
of
marginal marginal
at
"
notes,
notes
render
them
and
the addition
"
and
footnotes
of
of reference
powers of
and
has
information.
in fact
aimed objectsteadily
it is
"
in the
exercise
to to
these
been
which,
conceived, was entrusting should, as

and
the far
"
present
powers
as
the the
mind
the
"
Commissioner
the Legislaturewhen was passed,viz.,that the clear in its
Ordinance
new
edition uniform
"
be simple and practicable,
language and
rar
convenient
"
in its
"
plan
of
and
an-angement.
above
referred To
to
Of
the
powers
by
who
the most
valuable with Statute

or
and
important
in it cannot
"
is that the
consolidation.
of
an
those
are
charged
of the
concerned
"
administration otherwise
in
to
any
particular branch
to
Law,
and
as
"
be
than which
advantage
that branch
have
the
Ordinances
portionsof they
do
in
in
"
Ordinances
many cases,
is
or
embodied, amounting,
more
"
"
two,
three, four,
the compass
in
one
case
nine In
some
"
number,
"
"
brought together within welding such scattered

been
of into
one
Ordinance.
it
not
the
operation of
instances,
of
not
an
Ordinances
is law and
one,
has, in
"
easy
to
say
what
what
sometimes
is
law, in consequence
for
"
apparent
with
"
preference having repeal.

these
while
been
shown
impUed
the
form
as
compared
the
in laws
"
express
But,
been
extensive
powers
of
revision
as
to
of
"
have and the any
freely exercised, the

to
Commissioner
conform
has
borne carefully upon
mind,
"
anxiously endeavoured
that Legislature alteration
******
"
to, the
own
injunction laid
it.
him
by
"
he
should
not, of his
of the laws
motion, introduce
into
the
edition
"
in the
substance
comprised in
contained
The
ChronologicalTable
extent
and
the upon
Index
the
in
the
fifth volume
are
"
to to
considerable
the Acts of
modelled
ChronologicalTable
which the
are
and
the Index
"
the
Imperial
the
Parliament
of
prepared, periodically
Law
"
and printed,
issued
a
under
direction
Statute
Committee.
since
so
The
"
Table
ment
contains
"
of the
the
complete list of all the Colony of British Guiana

Colonies
to
now
Ordinances in 183L
passed
There
are
the
establish-
few
enactments
"
of
separate
purpose
in
force that
it would
not
have
served
even
any the
"
useful
make had
the
Table
begin
A
with
an
earlier date,
to
if
"
materials requisite any

one
been
available.
reference
the
Table of
any
will
enable
"
to
or
ascertain
"
Ordinance
part of
easilythe place in the new an Ordinance, or the reason
edition for its
particular
if it has
omission,
vu
"
been
omitted.
show
If the
Ordinance
and
sought
the
for is included the
in
the
edition,the Table
which
it may
"
will also
its number
title of
Index
under
be
"
found.
"
Much and
time it is
and
labour that The
have it will
been
"
Index,
at
hoped
expended in the preparation of full and be fairly to complete prove

scheme of
the and
"
all events
accurate.
'
general
it,
as
of
the
Index
above whole
of of
"
referred
'
to, is
to
group and
under
to
"
the
Statute Law
Law,
as
few effective titles the ccjmparatively titles to the sub-divisions refer by cross
the proper effective
that
more
"
'Statute
found
under
a
titles.' In
contents
the has
case
of the
important
"
"
Ordinances titles of
full
analysis of
and other
contents
their
been
given by
of less
printing the
while
a
their Parts
of
divisions
to
and
serve
their
in
marginal notes,
case
shorter
summary
is made
the
"
important Ordinances." Upon

its the publication above edition
became
"
in all Courts Statute
of
Justice
and
"
for all purposes

with
whatsoever the
the sole and
only proper
Book
of the
Colony only
"
regard
use. some
to
Ordinances
inserted
therein," and
has since been
the
edition in
For
time in
as required,
edition was that a new past, however, it has been evident have since its ten years which the publicationa large elapsed contained
in the 1895
number
still
of the Ordinances
edition had
been
and repealed,
on
a
and re-amended, and in many amended cases largernumber Ordinances. could several subject only be found by readingtogether 1904
the law
given
of a new preparation Edition) Ordinance, 1904,

as differences,
the
edition
was
was
decided
the
on,
and the Statute
Accordingly in Law (Revised

very
passed, in
same
terms, with
slight possible
of the
the Ordinance
of 1894. has the

to
In
to
preparing this
same
edition the Commissioner

as
endeavoured
as
far His
as
follow the
has
lines
his
in predecessor has
not
previousedition.
with able
ever, task, how-
been
as lighter,
he
had but
deal
the
to
whole his
mass
of legislation
the
Colony priorto 1895,

In in
has
been
take
predecessor's
tained con-
labours
as
his
starting point.
been made where
this edition, therefore, all the
Ordinances
in
in the
so
previousedition appear
affected
not
exactlythe
use
same
form
as
it,except
Commissioner
as
in
far
as
they have
by subsequent legislation.The
full of
has, however,
earlier
quite
an
such
the
power
of
consolidation
same
his
and predecessor,
as an
Ordinance, though dealingwith the

and complete in itself,
of
branch
of law
or
Ordinance,
in
is
does not
it
make
any
alteration in
amendment edition For

as
a
the
terms
the
earlier
Ordinance,
have
were
usually appears
consolidated,and
in which
this
separate Ordinance. part privateOrdinances

in which
not
the most
been
or
appear
in
in this edition in the form
they
passed,
they
appear
the edition of 1895.

or
The
Commissioner
habilities
private rightsor affecting
which
to
a
might
have possibly
resulted in
unwillingto run the risk of altei'ing conferred or imposed by these Ordinances, Ordinances relating some cases, had all the
was one case no
particular corporation or
one.
body, in
cases,
no
less
than
twelve,
been
to
con
solidated into
In
few
was
however, the
of of the
Ordinances
companies, liabilities, have,
where
there with
danger
with interfering
relating private rightsand

consolidated.
certain
the
consent
companies,been
VUl
In this edition
the Ordinances
the them
have
not
been
each
re-numbered
year
were
as
was
done
in from
the
1
previous
onwards,
case
edition,where
so
as
Ordinances
run
as
of
re-numbered
not
to
make
had
they
been
numbered
had been
which would consecutively, passed,owing to originally This
have
been number
to
the of
some
Ordinances
which many
repealed.
large re-numbering, however, led

time after of the
the
confusion,as
to
cite Ordinances
for some people continued numbers their original by
edition
new
was ones.
published
In
as
instead
not
are
the
this the the
edition,therefore, the
Ordinances numbers
cause
Ordinances
in the
have
been
now
re-numbered,
but,
contained
previous
it,these
to revert
edition
numbers
to
commonly
been
known
by
assigned to
still further
them
in
have
retained,for
The
up
to
it would
confusion
the in
original numbers.
this
numbers,
the year
therefore, under 1894,

numbers those
which
the Ordinances the
appear
edition,
are,
as
under
assigned to them in which they were
previous edition,and,
The
to
the
rest, the
not
run
passed.
numbers,
therefore, do
that the irregularity but it is considered of the numbering consecutively, for the than convenience of persons by more compensated practical being
will
be
to
able
find the Ordinances The the
in the
new
edition under
has found
the numbers
it
two
familiar
to
them.
Commissioner, however,
of several
impossible to
or more
avoid
re-numbering
have been
;
sections
Ordinances, where
amendments
been has
Ordinances
an
consolidated,or
but
where
have
to
been
incorporatedinto
it could
Ordinance
Where
re-numbering has not

old
resorted
where
be
avoided.
possiblethe
been avoided of
section into
a
number
been
two
retained, and
sections into
in several
one, to
cases room or
re-numberinghas
for the polation interone by splitting
by combining
new
make
section
to
inserted the
by
space
an
amending Ordinance, occupied by

in
a
two
fill up
repealed
where
a
section.
Where,
of has
however,
the section been
it
was
it has has
been been
impossibleto
added
an
avoid end
re-numbering, the
brackets-;and
section of
originalnumber
new
at
the
section from be
incorporatedinto
taken is shown sections
at
Ordinance,
end in
the
the
Ordinance
it
as can
which
seen
the
brackets.
were
By
this
means
at
once
which
have in
case
of
an
Ordinance
passed originally
the
source
part of it, and

the latter come,
which
been
any It is
incorporatedinto
of the
it,and
from
which
and,
original sections
this
means
have
been
re-numbered, the original

to
numbers.
as
hoped by
to
facilitate
reference, and
cause.
avoid
as
far
possible any
A Table
inconvenience of
the is
re-numbering may
added, which
makes
Abbreviations which
it is
further
explains the
clear.
use
of
must
these be
references, and
made
hoped
their
meaning quite
indicate
It
understood, however, that
these
references
the
only
amendments
in the law
to
subsequentto
in
the
of publication
edition of 1895, and
that,as
in
Ordinances
as
contained
are
it,such
that
references edition.
only
indicate amendments
made
them
they
end
printed in
In several
some
Ordinances
passed
to
after
1902,
which
there
will
be
found
are
at
the
of
of the sections
references
previous
of
cases
Ordinances.
These
tion consolidaof
a
Ordinances, and previous Ordinance,

enacted
are
other
and the
Ordinances sections in
some
the
re-enact part repeal which Ordinance are repealed further indication This is
and
re-
thus indicated,and has been
the
given
that
the
repealedsection
re-enacted
with
amendments.
practicewas
IX
begua
at
a
in
1903, following the example

law. existing
two
or
of
the
Canadian
are
in Statutes, and
order
are
a
to
show
glance what
of the
provisionsof the Ordinance

Such three
in the
new,
what
ment re-enact-
in Ordinances therefore, references,
passed after
do with
any
1902, with
unimportant
exceptions,have
this edition.
nothing
to
consolidation
A
done
to
preparationof
may
point
late
as
which
attention is referred
be
called is the apparent Ordinances these
anachronism, that
should
in for
His
Majesty
the
King
It
were
to in several
passed during the reign

have been the
name
of the
Queen.
might
that
be
argued
Her the
that
Ordinances
printed
of this
they
passed, with conferring upon
late
Majesty's
wide
them, but
the
Commissioner
edition
considered
and
Legislature in providing
him
publication
that
as
the
powers
it
did, intended
same
he should
issue the
as edition, nearlyas
circumstances had
of it been
allow, in the
able
In
to
form
the
Legislatureitself
re-enactment
name
would
entire
have
done
Law
codify by repeal and

such
a
the the
Statute
the
Colony.
and
re-enactment
the
reigning King would, of course, decided to substitute His Majesty'sname therefore,

of for that of Her late
some
appear,
and
the
Commissioner,
Majesty,except where
fact
Her
referred to, or decision those
occurring in
that
her
stylewherever it occurred herself personally Majesty was further guided to this reign. He was
late he
by
the
consideration
to
this edition is intended
who
have
administer
the
law, and
practical lawyers and thought it better to print the

for
exactlyas they would have to be to practical utility. chronological accuracy

Ordinances
Attention
a
read in
every-dayuse,
and
to
sacrifice
may
also be called to another contain

to
apparent anachronism, namely

Ordinances
that
few
Ordinances
This
references the fact

since
to
to
as
other
them.
is due
that
to passed subsequently passed they referred to earlier originally

a
Ordinances
which
have
been
repealed by subsequent Ordinances, with

in any
provision that
construed have
with
as
references
to referring
the
repealed enactment
Ordinances
are
to
be
been
a
avoided
might Ordinances). The anachronism (therepealing Ordinance reference the to the repealed undisturbed, by leaving
them
footnote
to referring
the
new
Ordinance, but
to
the
considerations
as
before have
referred to decided
to
the Commissioner
print
the Ordinances
they
the
would
be read for The
practical purposes. Table and Chronological

previous
the
Index
in the fifth volume

are
follow
same
lines
as
those
and
in the
to
edition,and
Statutes
they
modelled time
on
the
time
one
ChronologicalTable by
the Statute the Law
trace
Index
Committee.
any
The
to
English ChronologicalTable
find
in the
out
new
issued from
will
to
enable
of
any
to
historyof
Ordinance,
to
what
has
become
It is
it,and,
that
if the
still in
force, where
will be found in
it is
be and
found
edition. the
most
hoped they
one
Index found broken
complete
useful. been
For
part
few
cases
the
general
have
titles been
the
last
edition have
retained,but
to under them
in
up, and
the
subjectsreferred
experience
for them. The
has
have
ones
been
to
dealt with
under
other
headings,which
when
shown
are
the
which
usually turns
searching
publicationof intended,but this is due

to
the
to
a
edition
desire
has
to
been
delayed longer than

as
was
make
the work
include
in it the
latest
Some legislation.
not legislation,
complete as contemplated when
originally and possible,

the
preparation
legislation
press, the
of
the
edition
was
begun,
Ordinances
was
passed
was
during pending
its
preparation,
it
was
and
other
for
which
afi'ected
several
when
ready
than
the
and
it
was
thought incomplete
better
to
wait
for
that
legislation
matter
rather
to
issue
edition
in
form,
and
an
containing
which
would
be
obsolete
before
it
was
issued.
In
this
edition
the
each
volume
begins
of
and
ends
with
complete
year, of
and
to
the
desire
to
avoid
inconvenience
having
be attributed
part
of
the
Ordinances
of
year in
in
one
volume,
of the
and
part
in
another,
must
any
want
uniformity
the
size
volumes.
The
Commissioner
has
endeavoured
to
the
best
of
his
ability
to
to
avoid
errors
and
inaccuracies,
and for
but
in
spite
he
must
of
every ask for
care
he
cannot
hope
especially
part
of
have
entirely
owing
to
escaped
the
had
them,
in
any above
such
indulgence,
as,
delay
to
publication along
be found
with
referred
to,
duties
considerable
office. He
the
work
has
be
done
the
ordinary
been
of
of
his
trusts,
and the
however,
edition
that
his
labours
will
to
have
use
to
the
Colony,
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. by.
Kep Incorp
Numbers indicate the and references
:
Repealed
Incorporated.
to
enactments
in
brackets
at
the
end
of
section
of
an
Ordinance
following
thus
"
number
(s. 34)
and the
indicates number
that in
some
of
the
sections
of number
that of
Ordinance the section.
have
been
re-numbered,
brackets
is the
original
3
\_e.(j.Several
section
33
sections
was
of
Ordinance
No. which
of
1876
have
been
re-numbered,
at
and of
originally
thus,
34,
is shown
by (s. 34.) printed

that
was
the
end
it.]
it is
reference
to
an
enactment,
been
(19 of
in
1900
s.
12.) indicates
and
the
not
section
to
which
appended passed.
has
incorporated
the
Ordinance,
part
of
it
as
originally
\_e.(i.Section
Ordinance Ordinance
31
of
Ordinance
19
No. but
of has
1876
now
was
originally
been
passed
in
as
section the
12
of
No.
as
of
1900,
31
it
incorporated
first-named
section
of
it.]
thus,
as
Amd.
followed section
to
by
which
reference it is
to
an
enactment,
is
(Amd.
21
of the
1901
a.
5.)
indicates referred
that to.
the
appended
of Ordinance
21
printed
No.
6
amended
by
is
enactment
[e.g.
Section Ordinance
10
of
1877
printed
as
amended
by
section
of
No.
of
1901.]
also
Combinations
of
the
above
references
occur
"
Thus,
(s.
that
12
amd.
26
of
1903
s.
21)
at
the
end
of have
section been
as
11
of
Ordinance and
No. that No.
of
-1878,
means
some
sections section
of
that
Ordinance that it is
re-numbered,
section
26
11
s.
was
originally
Or
12, and
printed
amended
by
the
Ordinance
of
1903
21
thus,
No. No. of
(19
3 19
of
1900
s.
15
amd. that
of
1904
s.
(3.)) at
end
of
as
section section Ordinance Ordinance
36 15
of of
as
Ordinance Ordinance section

6 36
of of
1876
means
that it is
now
section
was
originally
in the
passed
first-named
4
1900,
also
and
that it is
incorporated
as
it, and
that
printed
amended
by
section
(3.) of
No.
of
1904
TABLE
OF IN
ORDINANCES,
VOL. I.
ETC.,
LAWS
OF
DEMERAEA
AND
ESSEQUEBO.
THE
1800.
An and Act
LAWS
to the Boundaries
OF
BEEBICE.
between Berbice 1800.
5
relating
Surinam.
[7th February,
by
of the the the the Provisional of Government and
J
7
1803.
A other
Proclamation Members
in
and Criminal
to the
Court
Policy
Justice
Capitulation of
1830.
A
Colony of Colony. by
the His Act
Berbice
relating
[27th September,
Lieut. 10th
1803.]
10
Proclamation
Excellency
of Parliament
-Governor Geo.
Beard cap. 7.
relating to
IV.,
[7th Januaiy, 1830.] THE LAWS OF BRITISH GUIANA.

11
1831.
Letters Patent constituting the Colony of British Guiana, and appointing Major-General Sir Benjamin D'Urban, K.C.B., Governor. [4th March, 1831.] Publication of Policy relating to the by the Court Sir Benjamin Assumption by His Excellency Governor Guiana. of British D'Urban, K.C.B., of the Government
14
[2l6t July, 1831.]
XIV
THE
LA
WS
OF
BRITISH
GUIANA
Year
and
Number.
Title and
Date.
Short
Title.
Page.
1831.
An
to His
Order
of the King-in-Council Majesty-in-Council.

to continue
to Appeals relating [20th June, 1831.] the
14
No.
1.
An
Ordinance Ordinances
in force
Statutes,Acts,
or
17
and and
heretofore Governor
or
passed, enacted,
Lieutenant-Governor
ordained Court
by
of
the
of Essequebo Policy of the Colonies Lieutenantand or Demerara, or by the Governor Governor and Court of Policy of the United Colony of Demerara and Essequebo, and by the Governor
or
Lieutenant-Governor
the
and Governor Government
Court
or
of the
Policy
Colony
of of
Berbice, or by and Council

Berbice
nor Lieutenant-Goverof
of
respectively.
[3rd December, 1831.]
1832.
No.
1. An
Ordinance
to alter and
hx
the Period
of
attaining
IS
the
Age of Majority.
[14th August, 1832.]
1838.
No.
1. An
Ordinance
to divide
British
Guiana
into Counties.
19
[10th February, 1838.]

No
2. An
Ordinance
to
limit
the
Duration
of
Acts
of
20
Deliberation.
[3rd April,1838.]
No.
3.
An
Ordinance Bank
Colonial
to render examined an Copy of the Charter,and duly legalizedCopies thereof,
21
good Evidence
in the Courts
of this
Colony. [24th May, 1838.]

Protection Works of Fort
99
No.
4.
An William thereto.
An
Ordinance Frederick
for and
the
Better Public
the
adjacent [26th May, 1838.]

22
Order-in-Council
to Currency. relating [14th September, 1838.]
1839.
No.
1.
An
Ordinance of Account
to
alter
the
Denomination Guiana.
of
the
Moneys
in British
The Currency Ordinance, 1839.
23
[IstMarch, 1839]
No.
2. An
Ordinance Bank
1o
render
an
examined in
the
Copy
Courts
of the of this
24
Colonial
Supplementary Charter,and duly legalized [4th October, 1839.]

to
Copies thereof, good Evidence
Colony.
No.
3. An
Ordinance
render
valid
Wills, Codicils,and
The
Wills
1839.
dinance, Or-
of in the presence Dispositions executed Te.stamentaiy tw(j Witnesses. [2nd November, 1839.] No.
4. An
The Newspaper arising from Ordinance, 1839. Papers of a like nature by Persons not known, and for regulating the Printing and Publication of such Papers in other and for establishing the Liberty of the Press on respects, basis. a just and [23rd November, 1839.] proper
to
Ordinance
prevent
the
Mischiefs
26
the
printingand publishingNewspapers
and
1843.
No.
1. An
Ordinance
to esfciblish
T"urials in this
Colony.
of Baptisms and Registrj' [21stJanuary, 1843.]
The and
1843.
Burials
Baptisms tration RegisOrdinance,
32
TABLE
OF
ORDINANCES,
Date.
ETC.
XV
Year
and
Number.
Title and
Short Title.
Page.
1843.
No.
2.
An not
Ordinance in the
Execution
for reducing the Recovery of Colonial Hundred Dollars
Costs and
of Town
levying
Taxes
36
exceeding One
in Amount.
[25th March, 1843.]

An and Courts Order-in-Council Court
of
granting Power
to
to the Governor
37
Policy
legislatewith
Justice and
reference
to
the
of Civil and
Criminal
other matters.
[3rd April, 1843. J

An Order-in-Council granting Power to certain Local to revoke, alter, and amend Orders relating Legislatures relative to the Eights and Duties of Masters and Servants and to other matters respectively. [10th June, 1843.] 39
1844.
No.
1.
An Land
Ordinance
now
to vest
in Her
included
in the Lunatic
Majesty a certain Lot of Asylum. [4th May, 1844.]

'
40
1846.
No.
1. An
Ordinance
to
regulate the Constitution
of Joint of
a
The Clauses
Companies'
and ers Pow-
40
Stock such No.

2.
"
Companies
purposes. Ordinance Demerara
to
for
carrying
on
public nature, and
to authorize
the
Undertakings Consolidation Taking of Lands for [15thJuly, 1846.] Ordinance,1846.

to to
An The the the
a Company incorporate Railway Company," and
he
called
The
Demerara pany's Com-
144
authorize
Railway
1846.
and maintain said Company to make a Railway in town, Colony of British Guiana, from the City of Georgethe Capitalof the said Colony, to Mahaica, with and
Ordinance,
Extensions
Branches, and for other purposes.
[18th July, 1846.]

No.
3.
An
Ordinance Words
to
amend Libel.
the
Defamatory
1847.
No.
2.
and
Laws respecting [2nd January, 1846.]
The Libel
1846.
Slander
and
196
Ordinance,
to explain and Ordinance An regulate the Duties, Powers, and Authority of the Chief Justice of British
197
Guiana
in certain Civil Matters. Ordinance

to
[28thAugust, 1847.]
enlarge
some
1849.
No.
1.
An the
alter, amend, and

the Ordinances
of
The
Demerara
198
provisions of
Demerara
Railway Company.
pany's ComRailway relating to the Ordinance, [13th January, 1849.]

1849.
1850.
No.
1.
An and of
Ordinance Sale of Bread
to
provide Regulationsfor the Making

and for Bread.
The
Bread
202
Meal, Flour
An Ordinance Persons
and
to
(Making and Sale) preventing the Adulteration [IstAugust, 1850.] Ordinance, 1850.
of the Peace done and The Protection
1850.
No.
2.
protect Justices
Vexatious Actions of their Office.
Justices ance, Ordin-
206
other them
from
for Acts
by
in Execution
[1stFebruary, 1851.]
1851.
No.
1.
An
Ordinance
Xassau, a part of which

among other Lands and
The Village New Orange Lands (Partition) Village of Buxton, Ordinance, 1851. the Joint Proprietors ing thereof,and for partitionfor Plantation partitioning forms the circumstanced. Villagessimilarly [19thFebruary, 1851.]
210
No.
2.
An and
Ordinance Measures
for
in this
establishing Uniformity of Weights [IstJanuary, 1851.] Colony.
The
Weights
Measures
215
and
Ordinance, 1851.
XVI
THE
LA
WS
OF
BRITISH
GUIANA
.
Year
and Title and Date. Short Title.
Number.
Page.
1851.
No.
3. An to authorize Ordinance the Importation into this The Books eign (ForColony of Books, being Foreign Reprints of Books first Reprints) dinance, Orcomposed, written,printed,or published in the United Importation 1851. Kingdom of Great Britain and Ireland, and in which there is copyright. [17th December, 1851.] 222
1852. No.
1.
An and
Ordinance and Education
Industrial
to provide for the Establishment of Reformatory Schools and for the Care
The and 'Schools
Industrial
225
Reformatory
ance, Ordin1852.
of Destitute
and
Vagrant Children. [6th March, 1852.]
No.
2.
An
Ordinance
in the
Shares
empowering
1853.
No.
1. An
converting into Stock the existing Railway Company, and for the said Company to raise Money. [18th September, 1852.]
Demerara for
the regulating
for
The
Demerara
pany's Com-
245
Railway
1852.
Ordinance,
Ordinance of
Rights,Duties,
and
The and
Employers
Servants
1853.
248
Relations 1854. No.

1. An
Employers and Servants.
dinance, Or-
[22nd January, 1853.]

Ordinance of Children. No.
An to make
for the Apprenticeprovision ship TheApprentices [18tb January, 1854.] Ordinance, 1854.
a
253
2.
Ordinance in the Line
to authorize
certain
Deviation
to
be
The
Demerara pany's Com-
265
made
of
Railway
from
Belfield to Mahaica.
Railway
1854.
[21stJanuaiy, 1854.]
1855. No.
1. An
Ordinance,
Ordinance
across
to
provide for the Management

Berbice.
of the
The
1855.
Berbice
267
Ferry
the River
[28th February, 1855.] Ferry Ordinance,
No.
3.
to make The Demerara provision with respect to the of the the affairs of pany's ComManagement Railway Demerara the Railway Company, and the Place where Ordinance, said Dii'ection and Management 1855. to be carried on. are [24th November, 1855.]
An
Ordinance
and
269
Dii-ection
No.
4.
An
Ordinance in the
for
the regulating of Demerara.
County
Harbour of Georgetown [17th October, 1855.]
The
town GeorgeHarbour
270
ance, Regulation Ordin1855.
1856. No.
1. An to the
Ordinance
t" alter and
amend
the and
Laws
relating
The
1856.
of Prescription
certain Actions
Claims.
tion PrescripOrdinance,
277
[24th September, 1856.]

1857.
No.
2. An
Ordinance Medical
for
Attendance
Dispensaries and proestablishing viding in this Colony. [22nd July, 1857.] relatingto Usury. [6thJanuaiy, 1858.]
The 1857. The of
saries DispenOrdinance,
279
1858.
No.
1. An
Ordinance
to
repeal the Laws
Usury (Repeal dinance, Laws) Or1858.
280
No.
2.
An
Ordinance
Powers
for and
transferringto
the
Her
Majesty's
Department
of
The
War
partment 280 Deance, Ordin-
Principal Secretary of State for

certain 1859. No.
1
War
(Vesting Lands)
1858.
Estates
in this
Colony. [18th December, 1858.]
An
Ordinance
Offices in this
to regulate Appointments to Public Colony. [24th August, 1859.]
The
Offices
Public
281
(Appointments) Ordinance,
1869.
XVIU
THE
LA
WS
OF
BRITISH
GUIANA
Year
and Title and Date. Short
Number.
Title.
Page.
1865.
No.
1. An
Ordinance
to
amend
the
Law
relating to Penal
The 1865.
Penal
vitude Ser-
319
Servitude.
[27th May, 1865.]
Ordinance,
1866.
No.
1. An
Ordinance
to amend
the Law
relating to Pounds. [1stJuly, 1866.]
The
Pounds
1866.
dinance, 324 Or-
No.
2.
with certain Amendments, The to re-enact, Ordinance Royal No. 21 of the Year Agricultural and 1853, provisions uf Ordinance Commercial ciety's SoAn Ordinance for incorporating the Royal entitled Commercial British Ordinance, Society of Agricultural and Guiana." [24th Novemher, 1866.] 1866.
An the
"
328
1868. No.
1.
An
Ordinance and
to make Deaths
of Births
for the Registration provision [IstOctober, 1868.
The Deaths
1868.
tion Registraand
341
of Births
Ordinance,
No.
2.
An
Ordinance
a
Ferguson
Dollars
to grant to the Reverend Hundred and pension of Three
Alexander
361
Thirty-six
per
annum.
[23ri May, 1868.]
No.
3.
An
Ordinance and
the Colony respecting the Court-House
House
at
New
362
Amsterdam
at Suddie.
[13th June, 1868.]

No.
4.
An
Ordinance of
to
a
provide for t\ e Establishment

Revenue Defence Fund.
and
The
Revenue
363
Administration
Defence
Fund
1868.
dinance, Or-
[1stJuly, 1868.]
No,
5. An
Ordinance Wardens
for the
and
of District
The District Incorporation of the Curates Chapels. [18th July, 1868.] ChapelsOrdinance, 1868.
364
No.
7.
An
Ordinance
under the
with the
the
regard
Law
incorporated
Title of
Trading Companies firming England, and for conColonial Company, Limited, to

to
of
Lands'in this Colony.
The English Companies (Holding of Lands) Oi[29th July, 1868.] dinance, 1868.
368
No.
8.
An
Licences
Ordinance
for the
to
consolidate of
the
Laws Malt
Sale
Wines,
relating to Liquors, and
The Licences
Wine, etc..
ance, Ordin1868.
370
Spirituous Liquors.
[1stJanuary, 1869.]
No.
9.
An the
Ordinance Sale of the

or
to make
certain
Liquor known
to provisions relating of Cocoanut bj' the name
The
Cocoanut
399
Rum
1868.
Ordinance,
Rum,
Cocoanut
Toddy.
[1stJanuary, 1869.]
No.
32.
An
Ordinance
of
a
loan
for the
the Lamaha 1869. No.

1. An
provide for the raisingand repayment of widening and deepening purpose Canal. [2nd January, 1869.]
to
400
Ordinance Woiks.
for
a raising
Loan
for the
Construction
The Works
Public Loan
1869.
404
of Public
[28th July, 1869.]
dinance, Or-
No.
2.
An Ordinance to prohibit the The Contagious Importation into this Diseases (Animals) from Contagious or Infectious Tolony of Ciattle suffering Disease. [20th November, 1869.] Ordinance, 1869.
407
TABLE
OF
ORDINANCES,
Date.
ETC
XIX
Year
and Title and Short Title.
Niunber.
Page.
1869.
No.
3.
An
Ordinance
to
enable
the
International
Ocean
The
tional InternaOcean graph Tele1869.
408
Telegraph Company to land, construct, and maintain Telegraphsin this Colony. [8th January, 1870.]
1870.
No.
1. An
Company's
Ordinance,
Ordinance
on
Distilleries
into the open
Matter from prohibit the Refuse from to flow being allowed Trenches, and for other purposes. [1stOctober, 1870.]
to
The
Lees 1870.
ance, Ordin-
424
Plantations
No.
2.
An Panama
Ordinance
to
transfer
to
the
"West
India
and Ocean
The and
West
India graph Teleance, Ordin-
426
Telegraph Company, heretofore granted Privileges
Limited, the Rights and

to the
Panama
International
Company,
1870.
Telegraph Company.
[16th April, 1870.] Limited,
No.
4.
An
Ordinance Oaths
to amend
and
make
uniform
the Promissory
The Oaths 1870.
Promissory
Ordinance,
427
required to be taken as a Qualification for the Exercise and of Ofiices and other Enjoyment Civil Rights in this Colony. [20th July, 1870.]
1871.
No.
1. An
Ordinance
Valorem
to
Ad
Duties in
Establishment
provide for the Levying of certain during the Existence of a Civil List this Colony. [13th September, 1871.]
429
1872.
No.
1.
An
Ordinance and
to
provide for the
Safe
Keeping
of
The
Petroleum
430
Petroleum
other
Dangerous
Goods.
Ordinance, 1872.
[13th July, 1872.]

No.
2. An
Ordinance for the See Ordinance Guiana
to
vest
in
Trustees
voted No. 3. An
of Guiana. for Branch the of Better the
certain Moneys [7th August, 1872.] of Church the of The Scotland 1872. Church ment Governof
433
Government Established
434
British Scotland.
[12th October, 1872.]
Ordinance,
No.
4.
An
Ordinance
to
establish
Precautions
Spread of Hydrophobia.
1873.
No.
1.
against the [15th November, 1872.]
The
bia HydrophoPrevention
442
Ordinance, 1872.
An Ordinance
to
to
incorporatethe
Guiana, and
the Diocese. No.
2.
provide for the Election
Synod of Bishop for [3rd December, 1873.]

of
a
Diocesan
The 1873. The
Diocesan
442
Synod Ordinance,
An this
Ordinance and
to make
for grantingPensions provision of Deceased Public Officers of
Public
cers Offiand
451
to Widows
Children
(Widows
Colony.
[7th June, 1873.] Orphans'
Fund) Ordinance, 1873.
No.
3.
An
Ordinance
to make
Commissaiy Department.
1874.
No.
1.
459 The Commissary provisionwith respect to the dinance, Or[1stJuly, 1873.] Department
1873. An of the Ordinance

to
provide for the Better

Lake and the Works
Maintenance connected
The Lake 1874.
Tapacooma
Tapacooma Ordinance,
460
therewith.
[11th July, 1874.]
1875.
No.
1.
Ordinance The to make for Public Holidays, provision to make Holidays respecting Obligations payments and do other Acts on such Public Holidays. 1875. [27th March, 1875.] and
An
Public ance, Ordin-
465
XX
THE
LA
WS
OF
BRITISH
GUIANA
Year
and Title and Date. Short Title.
Number.
1875.
No.
2.
An Water
Ordinance
to be the
for Public
the
to New
purpose
of
enabling
other
Fresh
The
New
sterdam Amway Water-
conveyed
Amsterdam
through pipes
purposes.
placed along
Koad, and for
Ordinance,
1875. The Public cers Offi-
[15th May, 1875.]

No.
3. An and
Ordinance
to
providefor
to the
the
Payment
of Pensions of the
Retiring Allowances Colony.

An
Public
Servants
(Pensions)
1875.
[24th March, 1876.] Ordinance,
No.
4.
Ordinance
to
make
Vaccination.
The Vaccination compulsory the Practice of [1stNovember, 1881.] Ordinance, 1875.
1876.
No.
1. An
Ordinance
"
to declare
or
that
Tender
of
Payment
Coins
in
Spanish, Mexican,
"
Columbian
to be
a
Silver
called
The Spanish, Silver Dollars etc., Demonetization 1876.
Dollars
shall
cease
Lawful
Tender.
[1stAugust, 1876.] Ordinance,

2.
An
Ordinance and
for the
to
Improvement
Plantation
of the
City
of
Georgetown,
Commissioners.
vest
Vlisscngen in [1stJanuary, 1877.]
town GeorgeImprovement (Vlissengen) Ordinance, 1876.

The
The
No.
3.
An
Ordinance
to enforce
Elementary Education. [3rd February, 1877.]
ary Elementdinance, Or1876.
Education
No.
4.
to vest in the Colony the Property now Ordinance the School and by Queen's College Grammar vested in the Lord Property now Bishop of British known Guiana as Bishop's College." An held
"
[3rd February, 1877.]

1877.
No.
1. An
Ordinance
to
improve
the Breed
of Horses.
The
Horses
provement (Imof
[28th July, 1877.]

1877. No.
2. An
Breed) Ordinance,
Ordinance
to establish
and for
regulate an
Institution
The
Training
ance, Ordin1877.
for the
Training of
Teachers
Primary Schools. [7th November, 1877.]

of Cattle
Institution
No.
3.
An
Ordinance
for the Prevention
Stealing.
The
Cattle tion Preven-
[10th November,
1877.] Stealing
1877.
Ordinance,
No.
4.
The Ordinance in one ies' Companconsolidating and Clauses ing relatusually inserted in Ordinances tion Consolidato the Constitution Powers and Management of Companies Ordinance, incorporated for carryingon Undertakings of a public nature. [5th January, 1878.] 1877.
An
Ordinance
for
certain Provisions
No.
6.
An
Ordinance
for
the
Protection
of certain
Wild
The
Wild 1877.
Birds ance, Ordin-
Birds.
Protection
1878.
No.
1.
An Panama
Ordinance
to
transfer
to
the
West
India
and
The
West
India
graph Teleand Panama Telegraph Company, Limited, incorporated on leges Privithe 9th day of January, 1877, the Rights and Company, Limited heretofore granted to the West India and Panama (Transfer ance, of Rights) OrdinTelegraph Company, Limited, incorporated on the 30th 1878. day of July, 1869. [18th September, 1878.]
"
TABLE
OF
ORDINANCES,
ETC.
XXI
Year
and Title and Date. Short
Number.
Title.
Page.
1878.
No.
2. An
Ordinance of
a
to
provide
for
the
Establishment Guiana.
and
The
Volunteer 1878.
561
Regulation
Volunteer
Force
in British
Ordinance,

No.
3.
An
Ordinance
to the
to
consolidate Health.
and
amend
the
Laws
The Health 1878.
Public
668
relating
1879.
No.
1.
Public
[nth January,
1879.]
Ordinance,
An
Ordinance and
to
make of
a
provision for
School for and
the the
ment EstablishInstruction Male
The
OnderSchool 1879.
625
Regulation
of
and
Training
Vagrant
Boys
Youthful
neeming Ordinance,
Offenders.
[20th September,
for
1879.]
The Public Loan 1879.
634
No.
2.
An
Ordinance
raising
Loan
for
Public
Purposes.

1880.
No.
2.
Ordinance,
An
Ordinance
to
facilitate
the
Removal
of
Wrecks
The moval
1880.
Wrecks
Re-
638
obstructingNavigation.
[9th June, 1880.]
Ordinance,
No.
3.
An
Ordinance of
to
make and of
provision for Inquiiy

Occurrences
into
The
Fires
In-
640
the
Origin
Fires
Serious
Injury.
Ordinance and
to
resulting in [9th June, 1880.]
quiry
1880.
Ordinance,
No.
6.
An of of
Demerara Berbice.
amalgamate Essequebo and
the the
Office Registrar's Office Registrar's [28th August, 1880.]
The
Registrar's
1880.
642
Ordinance,
No.
7.
or
An
Ordinance and
for Court
to
Governor said
enabling the Govemor-in-Council, of Policy, or any Committee of

and take Evidence upon
The
Court
of
653
Policy (Evidence)
Ordinance,
1880.
the Oath.
Court,
procure
[28th July, 1880.]
1881.
No.
1.
An
Ordinance
to
amend
the
Georgetown
ment Improve-
The
Georgetown
657
(Vlissengen) Ordinance,
1876.
[12th November,
1881.]
Improvement (Vlissengen) Ordinance,

Amendment
1881.
187
6,
inance, Ord-
1883.
No.
I.
An
Ordinance and
to amend
the
Law
Weighers
Gangers.
relatingto Sworn [24th February, 1883.]
The and
Weighers inance, Gangers Ord1883.
658
No.
2.
An
Ordinance Outer
to
secure
the
Maintenance
of the
Sea,
The
Sea
Defence
1883.
663
River, and
No.
4.
Dams
of
Estates.
[9th June, 1883.]

tion Investiga-
Ordinance,
The Casualties
An
Ordinance the
to
make of
provision for Due

Casualties.
Shipping
tigation Invesinance, Ord1883.
670
into
Causes
Shipping
[5th December,
1883.]
No.
5.
An any
Ordinance
for of the
Committee and
Court, or enabling the Combined of said Court, or the Committee

and take Evidence
upon
The Court
Combined
674
Ways
Oath.
Means
to procure
(Evidence) Ordinance, 1883.
[8th December,
1883.]
THE
LAWS
OF
BRITISH
GUIANA.
LAWS
OF
DEMERARA
AND
ESSEQUEBO.
Extract
Eegister of the Resolutions of High Mightinessesthe States-General
from
the
of
Their
a.d.
1774.
*
the United
Netherlands.

shall be further IT accordingly,
that Their
enacted,
all
as
it of
is
by
these in
presents
and of
enacted
more
General of the Colonies
law united of and
the
laws
Holland
general, and
Ordinances Ten
with
particularly all Laws, Statutes, Resolutions, High Mightinesses, or of the Committee

of be
to
of the
Essequebo
Demerara.
approbation
hereafter
Their High Mightinesses, heretofore transmitted, or and to the Director the of General Court transmitted,
the
Essequebo, or
rule In of their matrimonial
to
Commander
and
Court
of Demerara,
shall be
the
judgments.
questions they
of Holland shall and
decreed
Law of mai'regulated by the Ordinance the 1st April, riage and on Vriesland, succession. 1580 \ and in matters to hereditarysuccession ab intestato by relating the law of consanguinity termed Aasdoms contained as Verster/recht, in the Decree of the States of Holland and West Vriesland,dated the 18th December, 1599. In civil causes of Proceeding Procedure they shall be regulated by the Manner in enacted by the Assembly of Ten; and in everything not especiallycivil causes. to the written provided for, they shall have recourse laws.
be
by
the States
West
An of His
extract
of these
Resolutions
to
shall be
sent
to
the
representative
Publication Kesolutions.
of
the
and
Highness, and Assembly of Ten,

further
the
Directors
orders
to
of the
cause
West
the
with
Company in foregoing Regulations
India
arrangements
to
be
duly published.
see
For
this and
tlie next
meutioned
document
Appendices A, B,
and
C to Vol, IV.
THE
LA
of
WS
OF
BRITISH
and
GUIANA
[A.D.
1803.
{Laws
Demebara
Ussequebo.)
A.D.
1803.
Publication
relating to
Alterations
in
the
Names
of
Plantations.
[20th July,1803.]
of this Court experiencethat the Proclamation 8th day of May, 1793, ordering among other notice shall be given of all alterations that proper matters in the of plantations, has for a considerable time past not been complied names of such have with, and that, in consequence omissions, irregularities the arisen, which fully confirms necessity of enforcing the Acts
WHEREAS bearingdate
we
the
established
Notification of to be made alteration in
name
for that
purpose 28th
We,
therefore, have
of the
thought
fit, by
way
of and
amendment
to
our
Publication
day
of the
or
of
of
day
or
of
May
to following,
enact
plantation.
administrator
of any of any
in any
April, 1793, published the 8th these that by presents every proprietor two Rivers who has, since the 1st day
of any alteration from
of the
January, 1796,
names
altered
knows
that time
to
ia
or
or
or plantation
plantations either
have
belonging
made
a
him
under
knows
his
or direction,
division
that may any person of plantations either the

names
division
or
belonging to
of the such
him
under
have
his direction, by which
been
of the
changed, shall, within Colony, under

which
three
of any months
part
after
plantation
to the
of these publication
presents,give notice
thereof to the
such
Ofiice and Secretary's resort plantations ; and
Receiver
it is likewise
of any enjoinedthat every person who is desirous to alter the name under his shall to or or direction, jJantations him, belonging plantation be obligedto give notice thereof to the Secretary's Office and in future Receiver in any as aforesaid,before he is permitted to use a new name All transgressors in either case will incur a fine of publicact or deed. and fifty hundred one guilders.
A.D.
"
1803.
"
"
Articles
of
Capitulation
General of and
proposed
the Court and
in
1803
by
of and
the the the
GovernorColonies
of Police
Essequebo
Officers
Demerara,
Sea and Land the said
Commanding
of the
of the
Forces
to
Batavian
Republic
the Sea
in
Colony,
of Forces
their Excellencies Britannic
Commanders-in-Chief
and
to
of the
His off
Majesty's
with
The
.
Land such
Demerara,
Preservation laws
usages
the Answers
laws and usages mode
Articles.
shall remain
now
of
and of the
A'
their
new
RTICLE force adhered
1
and be
Colony
the
in
the respected, the

same
of
taxation
in
use
be
Colony.
to, and
the
inhabitants
manner as
shall
enjoy
religionin
of Police,
before without
the
publicexercise of Capitulation. No
consent
establishments
as
shall the
be
introduced
the
....
of
the
Court
of Legislature
the
Colony
nswer
"
Granted,
THE
LAWS
of
OF Demeraba
BRITISH
and
GUIANA
[A.D.
1803.
(Laws
Essequebo.)
ADDITIONAL
ARTICLES.
Time
of possession of Fort
giving
William
1 Possession ARTICLE detachment

.
of Fort British
the and ;
William
Frederick
this
is to
be
given
seven
to
of of
troops,
the
evening, by
of
war,
o'clock
etc.
also,
that
seamen are
Batavian
ship
to
the
Hippoof
war,
Frederick,
menes,
to
the
British
Hornet,
British pass into
sloop
the
and of
the
schooner
Netley
to.
to
be
allowed
harbour
Demerara. Answer
"
Acceded
Time
of possession of the
ARTICLE
to
2.
be
Possession
to
of
the
Colonies twelve
of o'clock
Demerara
to-morrow
and
noon.
sequebo Es-
giving
Colonies.
given
Acceded
the to.
British
by
Answer
"
(Signed.)
G. F. J. P. R.
H.
Trotz,
Commmider
of Essequebo.
Kroll.
Hoffman,
F. Paay
First
Lieutenant.
TiNNE,
Secretary.
Lieutenant
Herklots,
Grinfield.
Navy.
William
Samuel
Hood.
1803.
Heureux,
19th
September,
D.
1830.
*
An
Ordinance
the Geo. of His
to
declaring
of Great
the
Provisions Britain
"
of
an
Act
of
10th
Parhament
and
Ireland,
for the
IV., cap.
7,
entitled
An
Act
Relief
this
Majesty's Colony."
Roman
Catholic
Subjects,
extended
[30th January, 1830.]
WHEREAS the
of and
it has
become
necessary Act of
to
to
declare Parliament in
that of in
the Great
provisions
Britain
before-recited
are
the and
Ireland
extended
force
this
United
Colony
Be
Extension tlie United to
:
"
it therefore
declared
that
10th
the
aforesaid
Geo.
Act
of
the
Parliament "An
of Act
to
so
Great
for
Britain
Relief
and of in His
Ireland,
this
IV.,
Colony
10
c.
of Act IV.
the
Geo. 7.
and far
is in
as
force
same
the
is
Majesty's Roman Subjects," extends United and Colony of Demerara Essequebo, of the said Colony. applicable to the situation
cap. Catholic
7, entitled
A.D.
1800.]
EASTERN
BOUNDARY
OF
BERBICE.
LAWS
An
OF
the
BERBICE. Boundaries between Berbice

a.d. isoo.
*
Act
and
relating to
Surinam.
[7thFebruary,1800.J
Gouverneur
Hofs
van en
Raden
Berbice
des
der Rivan
The
Governor
of the
and
cillors Counof
the of
Regering
de
Districten
Court
Kolonie
vieren
en
Government
Colony
Rivers
the same,
of
Berbice,
Districts of
dien, "c., "c., "c.

Al
and
"c., "c. "c.
degenen,die
hooreu
deze zullen
!
zen
of
To
all who
lezen,Salut wij met

het
te wetea
hear these or see may Presents ! read, greeting

we great pleasure
:
DOEN
dene komst
van
allergrootste
:
genoegen
dat
wij
WITH
Colony
make
known
That
we
having,
gehoubij eene nieuwelings en te Zamenbriefwisseling

de Heeren
en van
by
and
recent
meeting
of
correspondence of Their of this
Gouverneurs
Excellencies and
tot
the Governors the

the
dezer
Colonie
Suriname,
het
Surinam, gehandeld zijnde wegens einde brengen der verschillen, of the differences with een respect to the the between de correct ware grondscheiding boundary nopens tusschen Their de beide volkplantingen, two and both Colonies, hunne beiden door Excellentien as was Excellencies, anticipated, have considered the d e gelijkgerekend was, ingezien, political of this Colony to be such staatkundige gelegendeid dezer position Kolonie for the interest to as common zoodanigte wezen, in het dat te vereischen, belang require that, by every possible gemeene de aanmoediging tot aanbouw and chiefly means van by the Governor,
de
thans
woest
en
discussed
Colony of adjustment
onbewerkt
alle moge-
encouragement
the lands
at
be
held
out
that
liggende Landen
hjke middelen,
door
wel hoofdzaen door de derzelve bestierders kelijk dien bosterkt En worden. te
and
and
waste
present lyingdesolate be duly cultivated ;
ofschoon
de
van
bepaling der
dien
niet kan aard
en
Land-
scheiding
Landheer door
vermeend
belang
den
dat dezelve is,
dan
door
although the definingof the and boundary be of that nature that it cannot be importance the of but done lord the by land himself, it is the opinion
of Governor of the
gedaan
van
worden,
was
Frederici
that
the
Gouverneur
geene
Erederici
suggestion
tending
desirable
the
to
s'Landheer's
arrangement any of this attainment
Regten te verkorten, door op dit stuk te eenige Schikkingen voor waardoor al de gewenschte stellen,
einden zonder konden
te
be not object would either the to rightsof prejudicial
lord of the
decision
land, nor
with the
to
soever whatto
or
bereikt de
worden,
the
respect
boundary sovereign eindelijke de bepalingen, welke omtrent sovereigns for the time being,at of the future destiny den Souverein settlement grensscheiding,door a of Souvereinen in der tijd, these of het Colonies, ultimately may bij this in vaststellen van het toekomstiglot deem expedient. And der Kolonien Governor van zullen oorbaar geacht Imbyze opinion
VOL. I.
beletten
2a
THE
LAWS
OF
BRITISH
of
GUIANA.
[A.D.
1800.
{Laws
van
Berbice.)
worden,
Gouverneur welke
van
Their
Batenburg fully concurring. Excellencies consequently

determined
as
Schikkingen Imbyze
door
van
have
follows
"
uithetzelfde Batenburg oogpunt tuszijn beschouwd, en mitsdien

schen
hunne
de
Excellentien
:
"
het
volgende beeaamd
Declaration that west coast
west
sea
That the River
the
west
sea
coast
of the
west
Dat
Westzeekust
tot tot
aan nu
van
de RiDuivels-
and bank of
Corentyne,
the
of said
up
to
vier Corentin
de
Devil's bank of
Creek, besides
the
the of
kreek,
merkt
welke onder
the
River
River, hitherto
nam, Suri-
het
te
is aangetoe Gouvernement
CorentjTie
considered
be
belong to
Berhice.
belonging to the Colony

and
to
vernmentvan Govens
Suriname de
behooren, benedier
en
Westoever
Rivier
te
declared
ledged acknow-
worden
to
gesteld
onder der het
erkend bestier
van
henceforth the Government Berbice.

Provisions
as
of the
belong Colony
who
behooren
de
of
Regering
Dat welke Landen in
zoo
Kolonie
Berbice.
al
That
consequentlyall
on
may do
dienvolgende
zich in de hebben
to rights of inhabitants of
have
settled
the
lands
already
may
District, etc.
granted,or
so,
who far
hereafter
as
degenen, begevene gevestigdof zulks

reeds
shall,so
regards
res|!ectbe
of
on
their
sidered con-
het
verre
vervolg
hunne alle in
zullen
doen,
voor
property, in
every
bezittingenbeopzigten
zullen
als Inwoners
inhabitants
the
said
treft,
der
Colony
terms
of
:
"
Berbice,
the
ing follow-
aangemerkt
nogtans waarden
"
worden
Kolonie de
gemelde
onder
:
"
(Berbice) volgende voor-
"""""
(3.)That
situate
none
of the
the
Islands tyne Corenin
(3.) Dat
de onder
in shall
River
in der Eilanden geen Corentin Rivier gelegen, dezen zullen Provision eelen
be
included
this
provisional cession, but
afstand
zen,
maar
always be acknowledged to of belong to the Government the Colony of Surinam ; and (4.) That
on
begreepen wealtijdaangemerkt
onder
worden
Suriname.
te
behooren der
de Post
het
Gouvernement
Colonie
also the
the
west
Post
lished estabof the
(4.)Dat
ook
gevestigd
van
bank
River in the
Corentyne possessionand
shall remain under
den op Rivier
Westover Corentin het

van
de zal onder
even-
mede
en
in blijven
bezit
command
of the Government
de bevelen,
het
zoo
just mentioned.
A.ndi may be that
no
gemelde
En op
Gouvernement.
ignorance hereof
manner,
dat
niemand
hiervan
be
pretended,these Presents
the
eenige
onwetenheid
voorwende,
in shall,
zal deze als gewoonlijk,afgekonEnin het Nederduitch en proclaimed,printed,and pubdigad, lished in the Dutch and en English gelschgedrukt en aangeplakt, and be sent from place door de Kolonie, van plaats tot languages, Aldus worden. to place throughout the Colony. plaatsverzonden done in Thus and enacted besloten onze at our vastgested en Ordinary Assembly, held at the vergadering, gehouden gewone Court in de Hoofdplaats House, in the Chief Place, ten Raadhuize
customary
New
Amsterdam,
in
Berbice, this
1800.
Nieuw
Amsterdam
20""
te
Berbice
op
20th
day
of
January,
den
January,
1800.
A.D.
1803.]
ARTICLES
OF
CAPITULATION.
Proclaimation other Justice Members in the
by
the
Provisional Court of of
Cxovernment
and
a.d.
isos.
of the
Pohcy
and
Criminal
of Capitulation
relatingto the Colony the Colony. [27thSeptember, 1803.]
Berbice
Government (private intelligence of Thursday evening of the surrender Essequebo and Demerara by capitulation to the English on Monday), in an Extraoi'dinary Assembly of all the Councillors,to
WHEREAS having been

were
the
Provisional
received
which
also of the
convened
Lieutenant-Colonel G.
F.
Carl
Matthias,
of
mandant Com-
Troops, Lieutenant
the the
Hindt,
Commander
Republican schooner and Captain J. R. Claessens, of the Artillery, laid the Rangers, held Friday, the 23rd instant, p.m., have upon table a letter delivered that morning, at 12 o'clock, by Brigade-Major
of
of
Navy, Serjjent,Captain R.
the
Stuyvelaar,
Armstrong,
British of which
of the British who

are
Land
Forces, and
here
with
a
Lieutenant
Pardo,
of the
Navy,
letter
had
as
arrived
:
"
flag of
truce, the
contents
follows
Otway
By
Captain Loptus
Majestys
Bland, Commander of His Britannic Robert aiid Lieutenant-Colonel "c., dec, d'C, Sliips,
Commander Nicholson, cfcc, Forces, d:c., c"c,
of
tinder William
His the
Britannic orders Grinfield His
Majesty's Land
Their and
of
Excellencies Commodore Carihbee
Lientenant-G Samuel
and Sea
eneral
Hood,
Forces
Commanders-in-Chief of
in
Majesty's Land
the
Windivard
and
Leeward
"kc. Islands, ""c., etc.,
SUMMONS.
These
are
requiringyou,
Naval
the Governor
the said and
and
Court
His
same
Militaryand
to
Forces, of
the
surrender
our
Forces, under
shall remain
command,
be
Colony of Colony to to placethe

the laws
mode
Berbice
Policy,and the its Dependencies, Britannic Majesty's

of and under His Britannic
Majesty'sGovernment,
in force and
in which
case
and
the respected, shall heretofore
usages of taxation
of the
now
Colony
use
in
be
adhered
to, and
the inhabitants
same
manner as
enjoy
;
the
no
publicexercise
new
of their shall
religionin the
be introduced of the
establishment
without
the
consent
of the Court
of
Policy as
the
lature Legis-
Colony.
as
inhabitants,those who are at present in the Colony those who be abroad, shall be protectedin their persons may
the free
The
well
as
and
have
or
enjoyment
for
any shall
"""""""
of
their
without properties, other than
being
such
as
troubled
molested commit
acts to
whatsoever,
the
they might
of
subsequent
fidelity they
"
be
and Capitulation, requiredto take.
in violation
of the oath
Should
of this the
these liberal terras, which

a
in fact the
extend
to
the
inhabitants
Colony
of
free His and
in participation Britannic all
subjects of
as an
great advantages enjoyed by and Majesty, be refused, the Governor

be answerable for
Court
Pohcy,
which
concerned, must
attack every
resistance
the
and
sequences, con-
immediate will
will be made
by
the
Land
Sea
Forces,
render
vain.
THE
LA
WS
OF
BRITISH
of
GUIANA.
[A.D.
1803.
{Laws
One hour
Berbice.)
to
of this
or
is given and more no Armstrong Brigade-Major by
the and
Governor
from Pardo
the
delivery
to
Lieutenant
Otway
accept
not
(Signed)
Loftus
Bland.
t- Colonel.
RoBT.
Nicholson,
L ieutenan
On
board 1803.
His
Majesty'sShip Heureux,
off Berbice,
September 23rd,
To
His
and Court of Policy Excellencythe Governor the "c., (Sec. of Colony of Berbice, ("c.,
have
military, Colony to His Britannic Additional with some Majesty's Forces on the profferedCapitulation, the British would endeavour to Articles, which granted by get they as Commanders, tending to the advantage of this Colony, and all concerned by the same.
The Provisional
Government
and
other
members,
civil and
felt
impelled to
resolve
to
surrender
the
And
the
after
to
the
proposals on
was
the
part of the Assembly

the
same
were
mitted com-
writing, it
resolved
that
should
be of
delivered J.
van den
to
British
Commanders
the
by
Committee
composed
Broek,
Fiscal
junior,of
and
Provisional
Government,
Stuyvelaar with the
Councillor and
Fricke,
Secretary Eggers,
Gallas,
the said of
and
Lieutenant with the
the
Captains Navy,
whole in
summons
Claessens,
authorization
said
conclude received
Commanders
of
; and
to finally proposalshaving
signatures
the
the the
departed
Heureux,
at
with
summons-bearers
the
man-of-war whereas
at
(whence
Committee
Assembly, the Committee for the flag of truce o'clock ten at was dated),
to
night.
And the have returned the
Assembly
of the the
:
"
next
morning,
eleven
at
and o'clock, which the
reported
counterpart
Articles and
the
final the
conclusion table with
the
Capitulation mutually signed, of

Commanders,
nine
o'clock, laying
of which
upon
Articles British
remained
are
as
the contents
Provisional
follows
By
the
Government
Court
and
of Policy
Sea
Forces
and in
the
the
Commanders
of
the and
Batavian its
Land
Colony of Berbice ANSWER
Dependencies. SUMMONS.
TO
THE
Otway Bland, Commander of His Britannic By Captain Loftus Robert Majesty's Ships^"c., d"c,"c., and Lieutenant-Colonel Nicholson, Com,mander of His Britannic Majesty^ Land
Forces, "c., "c., e"c, under

Lieutenant-General
Samuel William
the orders Grinfield
of Their
and
Excellencies
Commodore Britannic
and
Hood,
Land
Commanders-in-Chief
and
of
the
His
Majesty's
Leeward
Cession of the of
Sea
Forces
in
Windward
Caribbee the
"kc. Islands,(tc, tfcc,
The
sovereigntyof
of war,
on
Colony,
be
with
its
to
and forts, posts, artillery,

His Britannic
sovereignty
ammunition purees
will
surrendered
Majesty's
additional
Colony,
the
"
Capitulation offered, with
the
following
Articles,vizt, :
A.D.
1803.]
1
.
ARTICLES
The
OF
CAPITULATION.
shall
on
ARTICLE
inhabitants
have
or
the
full
and
immediate
persons
as
Right
of
enjoyment
as shall,
of all
as
property, whether
shore
in the
afloat ; aVjsent
*'^ *^,"o7Tt^."*
far
regardstheir property
"""""""
Colony, be
considered
inhabitants
"
of Berbice.
Answer.
"
With
respect
will be
to
on
absent the
same
inhabitants
and
their
property,
this
Colony
footingas
sentences
Demerara.
and made
ARTICLES.
Provocations
or
appealsof
as
dispositions Ajjpealsfrom
unto
passed in
Court of
the
Colony
or
shall
be
allowed
usual, and
such this
judicialde'^^^'*'""-
Justice
that proviso,
such
of
by
the
now
Judges as shall be agreed upon ; yet the case Court or Judges shall determine Dutch laws in the Colony. existing
Granted,
at
with
appealed
Answer.
"
until the
decided end of
which
Counti-y
; in
the meantime
Colony
all
belongs to, appealsto be

ARTICLE Commandant schooner
of the
the
war
the
made
to His
Majesty-in-Council.
of the
Transmission ^^
20.
of the
now Serpent,
The
present Government
shall in this
Troops
the
the Colony and the despatchimmediately Republican

to
intelligence
River,
give advice
to
the
Government
that
tion!'^^'^
Republicof
"
present Capitulation.
be
to
Answer.
our
Cannot
despatches
granted, but the same Europe will take

officers, and
vessel
takes
naval
not
theirs.
seamen
The
shall
non-commissioned officers, be
prisonersof war, but depart with Batavian and the necessary Re2)ublic, furnished of His by the Commander
Naval
the
for Servient shall
the
passports
Britannic
be
Majesty's
Forces.
ARTICLE the the

true
Should differences arise concerning Construction hereafter any of of the Articles of the present Capitulation,of Articles of meaning any ^^Piti^'itioiio f shall the be interpretation same given in favour of the always
22.
Colonists.
Answer This
VAN DEN
"
Granted. and
Answer
Additional
Articles
will be delivered
by
Johannes
of the Provisional Broek, junior, member Government, J. C. Fricke, member of the Court of Policy, Paul Eggers, Fiscal and Roelof J. R. Claessens, Secretary, Stdyvelaar, Captain of Artillery, of the Navy, Captain of the Rangers, and D. J. Gallas, Lieutenant who
are
authorized
to finally
conclude.
Proposed at the September, 1803. Finallyconcluded

at
Government
House,
New
Amsterdam,
on
the 23rd
nine
board His Majesty'sShip Heureux, off Berbice, on o'clock, a.m., the 24th September, 1803. J. Van den (Signed) Broek, Jr., 1803. J. C. Fricke. R. Stuyvelaar, J. R. Claessens,
D.
Capt, Capt.
J. Gallas,
Lieutenant.
P. Eggers, Secretary. Otway Bland. LoFTus RoBT,

John
Nicholson, Liezit.-Culoriel.
Naval Hocombe, Secy. Geo, Eddington, Mil. Secy.
10
THE
LAWS
OF
BRITISH
of
GUIANA.
[A.D.
1803.
[Laws
Berbice.)
ADDITIONAL
Time of
ARTICLE.
giving possession of
Fort St. etc.
is
Andrew,
and and other of Fort Redoubt St. Andrew, York posts, of the British Troops, this day, at given to detachments 10 o'clock, Batavian schooner A.M. Serpent to the ; also,that of the British seamen, and British the Netley, schooner, with other boats, are
Possession
to
be
to
be allowed Answer On board

"
to
pass
into
the harbour
of Berbice.
Accorded His
to. 24th
Majesty'sShip Hetireux, the

Loftus EoBT.
John Geo. Otway Bland.
September, 1803.
(Signed)
J. R.
VAN
Nicholson, Lieut-Colonel. Hocombe, Naval Secretary. Eddington, Military Secretary. DEN BrOEK, Jk., 1803.
Fricke.
J. C.
Stuyvelaar, Capt. J. R. Claessens, Capt. T". J. Gallas, Lieut. P. Eggers, Secretary.

And whereas
it
thereby appeared
of the than
trust to
that obtain
the Committee
favourable circumstances be
have
answers,
laudably
indeed
state
acquittedthemselves
on more
of the Articles any
by the
local
and
and
of
affairs with have
approved and Capitulation,

to
of hope could appearance conduct of the of the the
expected, the
sent
Assembly
orders
Committee
ratified the
the
Provisional
Matthias
Government
to
peremptory
to
Lieutenant
Colonel
behave
conformably
British Forces
said
Capitulation;in
the and River have and
came
consequence, at anchor
part of the
abreast the
of the Town
passed into yesterdayafternoon,

posts and
the
to-day taken
colours these in this
possessionof
forts and
hoisted the
the
British
Colony.
are
And
aforesaid
to
presents
to
make
known
unto
inhabitants
occurrences
behave
And
themselves
and with Capitulation, conformably thereto,for in the

same.
serious the
recommendation benefit of
common
this
Colony, and
these
all interested shall be
Presents
proclaimed,posted
New
up,
and
sent
round
as
customary.
Enacted in
an
Extraordinary Assembly,
J.
Amsterdam,
W.
25th
September,
1803. C.
Berlin,
Vt.
By Command,
P.
Eggers, Secretary.
A.D.
1830.
Proclamation
Beard cap. 7.
on
by
His
Excellency
Lieut. -Governor
10 Geo.
to relating
the Act
of Parliament
IV.

the 13th
WHEREAS reign
of the
day
of
April, 1829, and
in the
tenth
"
of His of
;
present Majesty,an
His
Act, entitled
Catholic
An
year Act
for the
was
Relief
Majesty's Roman
Subjects,"
passed by
Parliament
12
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1831.
grant, direct, and
appoint
be
that in the the of

as
the
form
is
of civil government
fore hereto-
by and Essequebo throughout the

bodies the
said
law
established shall said
said
same
United
and
Colony of Demerara hereby established in and

and that all such
Colony
of
British have
Guiana,
heretofore
and
lawfully existed in Colony Essequebo shall in like and said exist in the manner throughout Colony of British Guiana, and shall in and throughout the said Colony have, exercise, and enjoy all such and authorities have been heretofore as lawfully powers and them the in United had, exercised, enjoyed by Colony respectively and of Demerara do Essequebo : Provided, nevertheless, and we of declare that the will number members of to the our be, hereby and certain of the said bodies politic heretofore existing corporate and in "the said United Colony of Demerara Essequebo shall in the said Colony of British Guiana be augmented and enlarged in such said instructions directed in that behalf : as as manner by your declare do further to Provided, also, and we our be, that pleasure herein contained shall or revoke, extend, nothing abrogate any law, in force said lawful in the United or or now custom, Colony usage of and in the said Demerara or Essequebo Colony of Berbice tion save respectively, only in so far as relates to the separate constitucorporate
United Demerara
and
use
politic and
form said
of
civil
government
of do
heretofore
which said and
established
constitution
and
or
in form do
in civil
the
Colony
we
Berbice,
become
of further
of
declare and
government that the same

in the
hereby abrogate
and the declare shall
dissolve,and
be of British and be
hath
henceforth
extinct,
Guiana
; to to
a
merged
government
do contained alter
or
Colony
our
or
Provided, also, and we be, that nothing herein extend, in any wise to
certain
our
will shall
pleasure
construed
extends,
interfere in the
with fifth
the
year the
of provisions of
Act
of
Parliament
passed
and
the
Laws
late
royal
"
brother
Act
to
predecessorKing
and
to
George
reign of the Fourth,

for the
intituled
An
Consolidate
Amend render
Abolition
removal had
not
of of any
the
Slave
Trade,"
would
our
or
slave
which
it of and and be the
have
Act of and
been
legal any transfer or if these Presents illegal

the
the and purposes said United of
:
within
made, the meaning

of Demerara
been
being
pleasurethat, for
the said
said
Parliament,
separate
Colony
shall do
Essequebo
distinct
Colony
Colonies
Berbice And
we
still continue
and
hereby give and grant to you, the said Sir Benjamin D'Urban, full of the Court of and authority,with the advice and consent power Policy of our said Colony of British Guiana, to make, enact, ordain, of our and establish laws for the order, peace, and good government said Colony,subject, nevertheless, to all such rules and regulations as by your said general instructions we have thought fit to prescribein do hereby reserve to that behalf : Provided, nevertheless, and we
heirs and successors, and their undoubted our ourselves, our right and disallow such and make and establish from to authoi'ity to laws, any and with the of time to time, advice consent Parliament, or with the
advice
them
of
our
or
their
Privy Council,
for the
all such peace, and had
laws
as
may made
to
us
or
appear
do
necessary
order,
good government
been
of
the said
we
not : Colony as fullyas presents hereby grant to you, th^^ said Sir Benjamin D'Urban, the Seal appointed for the sealingof all things custody of the Public do said Colony : And that shall pass the Seal of our whatsoever we said the and Sir unto D'Urban, Benjamin grant hereby give you,
if these
And
A.D.
1831.]
and
ESTABLISHMENT
OF
COLONY.
13
full power
nevertheless
and in our in our behalf,but subject name authority, that in in contained such as are respect provisions and and in our to make said generalinstructions, name execute, your lands waste Seal of our said Colony, grants of our the Public under the said Colony, to private persons for their to us belonging within bodies and benefit, to any or or corporate in use politic own persons, of their of for the resident, or our uses subjects, public trust, any and full them do hereby give and : And we grant unto power you and in our behalf, to name as authority, you shall see occasion, in our become forfeitures which or remit any fines,penalties, accrue or may of "50 do not exceed the sum sterling payable to us, so as the same such of any and suspend the payment in any one case, and to respite of "50, until our fine, penalty,or forfeiture exceeding the said sum do and to shall be known we signified you : And pleasure therein and authority,as you hereby give and grant unto you full power
to
shall
see
occasion,
convicted
or
in
our
name
and in
in any said
offender
of
any
crime
behalf, to grant our Court, or before any
to
any
Judge,
Justice,
law in
ditional our Colony, a free and unconMagistrate,within as by any pardon, or a pardon subject to such conditions be thereunto force in the said Colony may annexed, or any
respiteof
the
execution
may
seem
of the
sentence
of
any
such
offender,for
such
periodas
or
to you
no
murder,
cases
the
shall you And
and therein
:
always that,in cases of treason be granted until pardon, either absolute or conditional, tion, informahave been first reportedto us by you for our of shall have received the signification our pleasure the said Sir do hereby give and we grant unto you,
fit : Provided Governor
to
Benjamin D'Urban, as such sufficient cause authority, upon

exercise any of his office within under
or
you
power appearing,to suspend from

as
aforesaid, full
and the
said Colony any our exercising person warrant or by virtue of any commission under and our name granted or to be granted by us, or in our and have effect only until which authority, suspension shall continue do hereby to we our pleasure therein shall be signified you : And and such to in suspension, proceeding enjoin you, require strictly any in and in that behalf given to you the directions to observe by our this Commission instructions said general : And our accompanying will and from the said Colony, our in case of your death or absence hereby pleasureis,that this our Commission, and the several powers vested in you, shall be exercised by such as by us be person may said Colony, or of our by appointed to be our Lieutenant-Governor under be such person our as Signet or Sign appointed by us, may
such office
Manual,
such
your
to
administer
or
the
said there
government
shall be
no
but
if,at
or
the
time
our
of said
death
absence,
to
as
Colony commissioned
of the Government
be such
officer
our
person Lieutenant-Governor
our
within
Administrator
we
then aforesaid, for said
direct, that
of
our
the
senior
the
land
forces
within of and
pleasureis,and time being in shall take Colony

thereof, and
do
hereby
himself
execute
the
upon shall
command
the this
administration
our
the
the
government
several
; and
Commission,
of the
instructions administration
our
contained
said in the aforeherein and powers such if any officer shall, during his of government, be superseded in the command senior the
our
said
forces
by
any
assume
officer,then
administration Commission
our
pleasureis
of the of
as
that
such
senior and
officer shall execution

so
said
government,
case
the
of
this
and
the several any such
and aforesaid,
from
time
to
time
as
often
powers shall
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1831.
arise
and
said
unto
the the
civil all officers, hereby require and command and our subjects inhabitingour persons be British of to obedient, Guiana, aiding and assisting Colony the said for officer the to or administering government you, of and of tliis in the execution time our Commission, being,
:
And
we
do
and military,
all other
powers
our
and
authorities
to
herein that the
contained
And
we
do
in of
further the
stitution con-
declare
and
pleasure
form of
be
changes
in the
established
said this
and
rara
civil
government
until this said and
Colonies
our
Den\e-
Essequebo
not
and
of Berbice
by respectively,
our
sion, Commis-
shall have
we
take
efTect
Commission
or
shall
of them
actually
:
been do
by you received in our hereby declare, ordain,

D'
Colonies,
one
And
Benjamin
and
Urban,
shall
and
may
appoint that hold, execute,
Sir the said you, and enjoy the office
and Commander-in-Chief in and Governor over place of our and with all the Guiana, together singular the Colony of British for and and authorities hereby granted unto during our you powers will and Given
pleasure.
at
our
In
witness, "c., kc.

at
Court
Brighton,the
4th
day
of
March, 1831,
in
the
first year
of
our
reign. By
His
Majesty'sCommand,
GODERICH.
A.D.
1831.
Publication
by
the
Court
His
Ser. the Commission last
Assumption
British Guiana.
by
Policy relating to Excellency Governor

of Government
the Sir of
lircceding.
Benjamin D'Urban,
His Commander
K.C.B., of the
Sir
[21stJuly, 1831.]
D'Urban, Knight Bath, of the Royal of the the Portuguese Royal Military Order held of this Court, Assembly Extraordinary
Notification of tion assumpl)ySir B. D' Urban Government of British Guiana.

on
Excellency Major-General
of the Most of
an
Benjamin
Honoura])le
Order
of the
of the
Guelphic Order,
Tower and
and
at
Sword,
His
the
him
present day, having exhibited
to
us
the
Commission
granted
in and
to
over
by
Majesty
as
Governor the
and
Commander-in-Chief
of
British
Guiana, comprising
Colonies
Demerara,
Commission Civil and
Essequebo,
having
taken
over
and been of
Berbice, and
read
and British His Guiana
the said their Dependencies,and the proclaimed with due solemnity,

as
Government
aforesaid Governor
was
thereupon
aforesaid.
assumed
by
Excellency the
A.D
^31.
'^~
^j^T Order
to
of the
His
King-in-Councilrelating to June, Majesty-in-Council. [2()th

At the
Appeals
1831
\'\
Court
of St
:
Jameses.
Peesent THE Lord Lord KING'S MOST
EXCELLENT Viscount
MAJESTY.
Lord
Duke Earl Earl
Chancellor, President, Privy Seal, of Richmond, of Carlisle, Grey,

Goderich,
in the Published
Palmerston, Althorp, Viscount Melbourne, Lord Holland, Sir J as. Graham, Pvt. Hon. Sir C. Grant, Rt. Hon.
Viscount Rt. Hon. C. P. Thompson.
1831.
Viscount
Colony
on
the 22nd
November,
A.D.
1831.]
APPEALS
TO
H.
M.-IN-COUNCIL.
15
for any
hereby further ordered that it shall and may be lawful Right of "*" civil suit or ?P^'fr^ to any or being a party or parties persons, person Justice of Council in action depending in the said Court of Civil and Criminal and Essequebo, in the said Court of Civil Justice of Berbice, ^'vil cases, Demerara or
And it is
or or
in the said in the
Court
of Fii'st Instance Court in his
of Civil
Jurisdiction
of His
Trinidad,
""^ i]",^tations
said and
Royal
of St. Lucia, to
or
appeal
to
Majesty,
relating
Privy Council, against any final judgment, decree, or sentence, or againstany rule or order made in any such civil suit or action and having the efi'ect of a final or definitive sentence, and which subject to the rules and appeals shall be made that is to say,limitations following,
his heirs
successors,
" "
their
thereto,
Such shall be given or judgment, decree, order, or sentence matter at issue above the or pronounced for or in respect of a sum shall involve, value of five hundred amount or or pounds sterling, the title to property, or to some civil right, directlyor indirectly, amounting to or of the value of five hundred pounds sterling. feelingaggrieved by such judgSecondly The ment, person or persons within fourteen days next shall, decree,order, or sentence shall have been pronounced, made, or given,apply after the same for leave to appeal therefrom the Court, by petition, to His to and in his or their Privy Council. successors, Majesty, his heirs Thirdly If such leave to appeal shall be prayed by the party or of money is or are to adjudged to pay any sum or partieswho 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 partiesrespondent shall give security for the immediate which performanceof any judgment or sentence maybe pronounced made in his or by His Majesty, his heirs and successors, their or Privy Council, upon any such appeal ; and until such be of the judgment, decree, order, or given, the execution security from shall be stayed. sentence appealed that, if the party or partiesappelFourthly Provided, nevertheless, lant First
" " " "
shall
establish, to the satisfaction of the Court, that

such
real and
justicerequires that, pending appeal, execution stayed,it shall be lawful for such Court to order the of such execution to be suspended, judgment, decree,order, or sentence if the such shall pending appeal, party or parties appellant for the immediate give security performance of any judgment or which sentence maybe pronounced or made by His Majesty,his heirs and successors, in his or their Privy Council upon any such appeal. In all shall also be cases security Fifthly given by the party or the the of for partiesappellant prosecution appeal,and for the of all awarded such be costs as by His Majesty, his payment may heirs and successors, to the party or partiesrespondent. Sixthly The Court from which appeal as aforesaid shall any such the be brought shall, conditions hereinafter mentioned, to subject and determine the nature, amount, of the several sufficiency
substantial
be
should
"
"
securities
"
so
to
be taken
as
aforesaid.
where the Seventhly Pro^dded, nevertheless, that, in any case of of s hall consist immovable of or subject litigation property, held therewith attached or stock, or utensils, implements any thereto, and the judgment, decree, order, or sentence appealed from shall not relate to the actual or charge,affect, occupation
16
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1831.
from the
be
thereof,
or
for
security shall be demanded partiesrespondent,or from the party the performance of the judgment or
no or
either
or
party
nounced pro-
partiesappellant,
to
sentence
made
order, or
of any
amount
sentence
upon shall
such
appeal or charge,affect,
such
to
; but
if such relate
judgment, decree, to the occupation

not
such than all
property,
may
or
then
shall security
secure
be
from
damage
of loss,
necessary such
the
or
be of greater restitution, free
stock, utensils
implements,
or
of the intermediate
probably accrue
and each of the
from said such
which, pending any such appeal, may profit, of such property ; the intermediate occupation Courts is hereby authoi'ized and required to
immovable
sequestrate any
property, stock, utensils, and
of such the amount implements in order still further to reduce such if the party or is to be parties by whom security security, and the for that purpose, to such Court given shall make application other
party
"
or
partiesshall
not
show
good
cause
to
the
contrary.
consist
Eighthly
of money from
shall the
In
or
where any case other chattels be
the
or
shall subject of litigation
security to
demanded
or
from
of any personal debt or demand, the the party or or parties respondent, the made in
more
party
or
judgment
be
sentence
a
for partiesappellant, to be pronounced or

to
performance
upon such
or
of
the
appeal,
value
or or
either
bond
be entered
one
into
or
the
amount
of such
subjectof
or
by litigation,
of
or
sufficient way immovable
surety
sureties,
such
security shall
be
given, by
some
of mortgage
property voluntary condemnation, upon such Colony,and being of the full value situate and being within of all mortof such subjectof litigation, gages and above the amount over the and charges of whatever nature same. or affecting upon
Tenth
"
The
for the
to be given by the security of the appeal, and prosecution

no case
party
for
or
the
parties appellant payment of costs,
shall in and
Eleventh
exceed
the
sum
of three such
hundred
or
shall be
or
given
the
either
by
surety
sureties
pounds sterling, or by such
mortgage
"
aforesaid. as voluntarycondemnation security to be given by the party or parties for the payment of the appeal,and appellantfor the prosecution
If of such
costs
as
completed within
leave such and
to
be awarded, shall in manner may of three months from the date and
not
aforesaid
the from such
be
for petition which
appeal, then,
or
otherwise, the
order
Court
an appeal, brought allowing and to prefer parties appellantshall be at liberty and his heirs their His to prosecute his, her, or appeal Majesty, and under in his or their Privy Council,in such manner successors, such rules as in appeals made observed to His are Majesty-in-
appeal is
shall make
the party
Council
from
his Plantations
or
Colonies. any person made be

or
Twelfth
"
Provided,
that nevertheless,
persons
or
feeling
aggrieved by any proceedingof, any

taken upon any in the
order
of the
may said Courts

as
which
by, any respectingthe securityto be

shall
by
such
appeal
aforesaid His
be,
and
is
or
are
hereby authorized,by petitionto

Savin (? of H. M.'s
to apply Majesty-in-Couucil,
for redress
premises.
and
or
Provided herein
to
generalright
to admit
always,
or
it is shall the
hereby
undoubted
further
or
ordered, that
be
nothing
extend,
His
contained
away
doth
extend,
construed
to
appeals.
take
abridge
right or
authority of
A.D.
1831.]
CONTINUANCE
OF
FORMER
LA
WS.
[No.
1.
17
from
receive and to admit appeal any Majesty, his heirs and successors, of said sentence decree, order, or judgment, any of the any the humble of or on Courts, petition Supreme person persons any aggrievedthereby,in any case in which, and subjectto any conditions
or
restrictions
upon
and
under
successors,
which,
so
it
Majesty, his appeal.

And
heirs and
to
may admit
seem
meet
to
His such
and
receive
any
Execution Supreme Court respectively jvidfiinent Majesty, his heirs and successors, in iipiieal. and carry into immediate effect such judgments and orders as execute shall make His Majesty, his heirs and thereupon,in such successors, of the said decree or as manner judgment Supreme Court original any
it is further all
cases
ordered
that
to
the said
shall,in
of
appeal
His
can
or
Aad His
be executed. may it is hereby further

any all
ordered
and
that all Orders
heretofore his
at
or
made
time
by
tofore heresuch
Revocation
of
Majesty, or by
established
or
of his
in royalpredecessors,
now usages of the said
their
Privy
orders, etc.,
repugnant
the Order.
to
Council, and
laws, customs,
or
or
any
so
in force in any usages

are
Colonies,
the
same
far
as
Orders, laws, customs,

variance with
in
anywise repugnant
and
are
to
or
at
Order, shall be rescinded,and annulled. revoked, abrogated,

this present And
it is further of the
hereby
the Meaning
of
ordered
that, for
the
purpose said
and
within
meaning
the time
present Order, any

the
person
for lawfullyadministei'ing
term " Governor.
being
and the
deemed And
taken
of any of the government the Governor thereof. to be Viscount is

to
Colonies
shall
be
Right
Honourable
of
PrincipalSecretaries herein accordingly.
State,
Goderich,one of His Majesty's directions give the necessary

C. Greville.
ORDINANCE
An Ordinance and
to
No.
OF
1831. the
a.d. issi.
*
continue
in force
Ordinances
heretofore Governor
or
Statutes, Acts, passed, enacted, or

Lieutenant-Governor of
or
ordained and and
by
of
the
Pohcy of the Colonies Demerara, or by the Governor

and
Court
Essequebo
Lieutenant-
Governor
Court
and
of
PoHcy
and
or
of the United and
Colony
of Demerara
or
Essequebo,
by
the of
Governor
Lieutenant-Governor Council
of
Court
of
Policy of Colony
of
Berbice, or by the Governor

and Government
Berbice
Lieutenant-Governor the
respectively.
[3rd December,
Majesty WHEREAS Royal Commission
and His has been Letters
1831.]
graciouslypleased,by his Patent, dated the 4th day of of the Colony March, 1831, to give and grant to the Governor of British Guiana and and with advice full power the sent conauthority, of the Court of Policyof the said Colony, to make, enact, ordain, and of for the order, peace, establish Laws and good government the said Colony ;
And
whereas
the
Governor of
or
Lieutenant-Governor
and
and
Court
of
Policyof
the Colonies
Essequebo
and
Demerara,
the Governor
18
No.
1.]
THE
LA
WS
OF
BRITISH
OUIANA
[A.D. 1831.
United
or
Lieutenant-Governor and of
of Demerara and Court and
and Court of Policy Essequebo, and the Governor Policy of Berbice, and the Governor
of Government
of
or
the
Colony
Lieutenant-Governor
or
nor Lieutenant-Goverthe
Government
Council divers
of
Berbice, have heretofore respectively

Ordinances
continue of in the for
passed
And in the
Resolutions, Acts,
;
and
of the said
Colonies
whereas
it is of
expedient
Guiana
to
full force
and
effect
Colony
as
British
be
all such
above
Districts
Resolutions,
Acts, and
Ordinances
Majesty)
Guiana Be
may heretofore
not (the same having been applicableto the respective
disallowed
of
;
by
His
British
forming
enacted
of the
the
separate
the
Colonies of
aforesaid
it therefore and All

consent
by
Governor
of
British
Guiana, with
follows
:
"
the
advice
Continuation in force of laws
Court
Policy thereof,as
Ordinances
1.
the and and
such
Resolutions, Acts
authorities
and of the of
and said
aforesaid
the
passed by preexistnig Local

Legislatures.
separate
of
not
Demerara,
of
United
as
Colony
have
Berbice, respectively, apply to the said Districts of British Majesty, and as may respectively those Guiana constituting formerly separate Colonies,shall be and they full force and shall have in and continued the full are effect, hereby Districts of the Colony force and operationof law in the said respective
of British Guiana.
passed by Essequebo and Demerara Essequebo, been disallowed by His

Colonies of
heretofore
Reserv-ation
altering
so
of
2. The
power
ances
Governor
and
the Court
of
Policy reserve
to
themselves
full
laws
of
as
altering or
continued.
they
may
amending the judge proper.
said
Resolutions, Acts, and
Ordin-
ORDINANCE
A.D. 1832.
No.
OF
1832. of
An
Ordinance
the
to alter and
fix the
Period
attaining
Age
of
Majority.

by the WHEREASmajority
age inconvenience of Be the it therefore would law until of this
they are
to
do Colony persons twenty-five years therefrom

:
not
attain
the
old, and
much
is found
result
Fixing of age of majority at twenty-one

years.
Colony, twenty-five years

be
are
who, by the laws in force in persons of majority until their age they are old,shall,from and after the time that this Ordinance
not
enacted
that
attain
shall
in
full
force
and
attain effect, of
; and
the
they
have
twenty- one
years be
twenty-one
at
tamed,
to
age years shall be of, and they are age the age of majority; and all such of
age of all persons
majority
who
are
so
soon
as
already
declared
in
entitled would this

in
to
all the
rights and
entitled
to
hereby declared to are hereby and to none privileges,

persons the under laws
other, than
they
have
been
fore hereto-
Colony on their becoming twenty-five years of always that nothing herein contained shall extend to age : Provided which affect any is especially, hereafter estate or by any will made made directed be in the Colony, to be kept togetherfor a specific to period of time, or to alter any agreement heretofore entered into by made for minors be or executors guardians,wherein provisionmay of former the wards at the or existing being periodprescribed by age law of the Colony.
force
20
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1838.
ORDINANCE
A.D.
No.
to
OF
1838. of Acts
1838.
An
Ordinance
limit the
Duration
of
Deliberation.
[3rdApril,1838.]
WHEREAS
persons
testamentary guardiansof minors,

instituted
persons
or
and
the person
or
or
by
last
will
to
be
the
heir
as
heirs
of
or
deceased heirs
and
those entitled to
succeed
the heir
dying intestate,have been hitherto this Colony the jus deliberandi, or of to their acceptance or repudiation rightof deliberation, previously the inheritance of the Colony, the and, by a custom bequeathed or left, has been hitherto allowed to testamentary same executors, privilege
of any person allowed by the laws
in persons force in
on
behalf And
of absent
whereas
it has
heirs ; been
said
found
that
the
one
period
year from the said
of
deliberation the death of creditors and
hitherto allowed
the
testator
or
to the
parties, being
and
is
has been intestate,
to prejudicial
and legatees, be curtailed Be

:
it is
expedientand
enacted
of the
necessary
that
period should
the
it therefore
consent
by
the
Governor of
of British
as
Guiana, with
follows
:
"
advice and
Limitation of
Court
Policythereof,
of
1. From
force heir
to
or
and
this
after
the
commencement
this Ordinance, the

the and laws
to
jus
in the
jus delibeto
randi six
deliberandi,or
in heirs
months.
hitherto allowed by rightof deliberation, Colony to testamentary guardiansof minors, of of deceased persons, and, by the custom
executors
on
the
Colony,
six
testamentary be, and the same

months. said
limited and
is
hereby
behalf of any absent heir declared to be, limited to the
or
heirs, shall
period of
to
calendar
Date "which is to from
2. The
the
time
commence or
period of
for the
run
six
calendar
deliberandi
months in
hereby declared
the
cases
be
period
jus
aforesaid
of of
shall
run.
from
which the of
;
the tenth
day
after the
death
act
the testator
to
within intestate,
periodof ten
entitled parties
act
days any
to
deliberation
is not the
be
passed by any accordingto law

as
deliberate
shall be executed
and
the
if the said said
of deliberation
ten
executed
aforesaid
in
within in law any

to
period
cases
of
days, then
shall be and
after
period of
and
deliberation deemed
of the
have
or
aforesaid
from
considered the
commenced
intestate.
day
of
the
decease of the testator Saving of

right of application
for extension of
3. Nothing herein contained shall extend, or shall be construed to to His to the Supreme Court, or extend, to prevent any application
of the act for any extension non-session, and sufficient cases aforesaid, good upon either and shall be be which shall made, grounds shown, application force in Rules of Court at to the or refused,according present granted be made relative thereto : Provided to or always that such jus
Honour
the Chief Justice
in
period.
of deliberation, in any
of
the
deliberandi
shall
not
in
the
whole
exceed
the
period
of
twelve
calendar
months.
A.D.
1838.]
COLONIAL
BANK
CHARTER.
[No.
1838.
3.
21
ORDINANCE
An
No. render
an
OF
Ordinance Colonial
to
examined
Bank
Charter,
Evidence
and in
Copy of the duly legalizedCopies

the
A.D.
See No. For
1838.
also 2
thereof, good
Courts
of
this
Ordinance
of
1839.
Colony.
[24th May, 1838.]

His late Most Gracious
the
Charter, etc.,
see
WHEREAS blessed
of
at
Majesty,William
his Letters the first Patent
the
memory, Palace of
in aud
by
the Fourth, bearing date

June in
Appendices
to
and O Vol. IV.
Westminster,
day
of
the
sixth
of year declare, and
give, grant, make, ordain, constitute, Colville,^neas Irving, Andrew appoint that John Barkly,David Barkly, James Cavan, John Alexander Hankey, William Pelton Hibbert, .John Gurney Hoare, John Irving the younger, Charles Abraham M'GareJ, William Masterman, Miller, Thomas George Maxwell Roberts, Patrick Stewart, Alexander Stewart, Samuel
Charles should therein
his reign, did
Gurney,
them
as
Marryat,
become
and
Thomas
or Moody, Esquires,
such
of
subscribers
of not
less
than
two
thousand
the capital or joint stock therein mentioned, in provided, togetherwith such and so many other person subscribers of or or persons, bodies politic corporate,as should become towards the capital or or joint stock therein mentioned, in manner therein provided, bodies and such other person or or politic persons, should from time to time, in manner therein provided, corporate, as become of any part of such a or proprietoror proprietors joint capital stock hundred (not being a fractional part of one pounds of such should be one stock), body pohtic and corporate, in deed and in name, the of should and "The Colonial Bank," and name by by that name and be and be all in whether might sue sued, plead impleaded, Courts, of law have with or a equity, and should perpetual succession varied which at common be them seal, might by changed or 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 Incorporationgranted by His said Majesty to the said Colonial Bank, and to have been and compared with duly examined the said Royal Charter,has been duly entered, registered, and recorded in the and Registrar'sOffice of Demerara Essequebo, and it is and that examined expedient that the said examined copies copy,
manner
pounds
each towards
of the said examined
copy,
so
entered
and
recorded
in
the
Registrar's
should be held, esteemed, reputed, deemed, and taken to be Office, as good and valid, to all intents and purposes, as if the said original had been so entered and recorded : or an Charter, thereof, exemplification Be it therefore enacted by the Governor of British advice and consent of the Court of Policythereof, as
Guiana,
follows
:
"
with
the
entered Admissibility Charter so copy of the said original in evidence of and all copies thereof duly Office, Registrar's examined examined and attested by the Registrar or his lawful deputy or copies of of shall be allowed and substitute, permitted to be pleaded, and shall Charter Incorporation be held, deemed, and in Judicature Courts of and all taken, in by of the Colonial this Colony,to be as charter, Bank. good evidence as if the said original or an and there produced and then exemplification thereof,were
and
1. The
said examined in the
recorded
said
exhibited.
VOL.
I.
3a
22
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1838.
OEDINANCE
A.D. 1838.
-"
"
No. the and
OF
1838. of Fort
An
Ordinance
William
for
Better the
Protection
Frederick
Public
Works
adjacent
thereto.
[26th May, 1838.]
WHEREAS
of the And
heavy expenditurewas
of the
sea now on
formerlyincurred by
Fort Wilham
to
reason
:
encroachment3 whereas has the
Frederick northward
bank
formed
the and
of
the such
Be
said
Fort
prevented such
it is therefore
encroachments,
necessary and
expenditure;
bank
:
and
thereby such expedientto preserve

Guiana, with
follows
or :
"
it therefore
consent
enacted of the
or
by
the
Governor of
of British
the
advice and
Prohibition of
Court
Poh"cy thereof,as
take
or
1, No
person
persons
shall
or
remove,
under
the
upon
any
or
taking
shores
near
or
sand, etc.,
from banks Fort
William
Frederick.
Fort at stelling Frederick and William to the prolongaseaward coastwise, eastward tion side-line of Plantation of the western Thomas, any sand, caddy, such for every of on or mud, ballast,shells, forfeiting shingle pain ; before any of ten pounds, to be sued for and recovered offence the sum Magistrate.
pretext whatsoever, from the Demerara, parts of the River
shores
banks from
of
eastern
part
extending
the
Proceedings
against
offender.
2. Any
made
Magistrate is hereby
or
authorized
him
and and such
required,upon
issue his ofifender and
or
plaint com-
information his
laid, to grant
warrant, in
offenders
writing
at
under time of
hand,
to
bring before
such
or
the
and
place
in
warrant
mentioned,
such
if, on
forfeiture
the is
conviction
not
the
offender
offenders,such
lawful
to
foithwith
paid,it shall
or
be
for
penalty or Magistrate to
Gaol,
such
there
commit remain
sooner
any such offender for any time not
offenders
the
Common
unless
to
exceeding one
month,
penalty
is
paid.
A.D.
See
nance
1838. Ordi
An
Okder-in-Council
relatingto Currency. [14th September, 1838.]
the
next
folloiving.
At
the Court
of Windsor.
:
Present THE
QUEEN'S
MOST there
was
EXCELLENT
MAJESTY
IN
COUNCIL.
draft of
WHEREAS
a
Proclamation
are
this day read at regulatingthe rate

current
the
at
Board, the
certain
which
forc-ign
India
coins Colonies
:
to
pass the
in
Her the her
Majesty's West
same
Her
Majesty, havin.ii taken

and
Approval of
Proclamation rate regiilating of certain foreign coins in British "West Indian Colonies.
was
pleased, by
to
with
and
advice
of
consideration, Privy Council, to approve

into the Her said tion Proclamaof
thereof,and
do take Colonies limited each
order, as
it is
hereby ordered, that

into force in each
effect
come
Majesty'ssaid
and from and after such day as shall be for that put pose upon the Governor of officer administering the government or by
of the
said Colonies
respectively, by
any
Proclamations
to be
by
A.D.
tliem
1839.]
for respectively, that
CURRENCY.
No.
issued
ia
1.
23
pui pose,
each of such
respective Majesty's Giving of

for said
directions,
Colonies. 2. And the Right Honourable Secretaries of State, is Pi'incipal causing publicationto be made Colonies.
Lord
to
Glenelg,one of give the necessary

within Her
Her
directions
hereof
Majesty's
By A
the
Queen.
PROCLAMATION.
coin
current
WHEREAS eluding
current
the
in
our
West
India
consists
Colonies, in
our
Province of
coin
Mexican,
and and
rate
Columbian
Columbian
at
Mexican,
that
our
partlyof the the United Kingdom, and partlyof Spanish, gold coin called doubloons, and of Spanish, silver coin, called dollars ; and it is expedient
Guiana,
and and have do
of British
the said
which
the said doubloons be ascertained
dollars shall circulate

:
in
Colonies advice of
siiould
our
fixed
Now, therefore.We,
declare
and and
by
the
Privy Council,
advice whole received of
our
ordain, and, by
that shall
the
aforesaid,We
said in
thought fit to hereby declare

the
as
ordain,
of
throughout
circulate
the be
Colonies
said
doubloon
and
dollar
payment
and
being
of the
of the full value
current shillingssterling, sixty-four
and
the of
said the money
shall
cii'culate
money be
United
in
Kingdom,
payment
to
as
received
two
being
current
full value of of the
of four United
and shillings
Kingdom
And of
in
pence all payments in
like sterling, be
made and
in
any
to
our
said of
dollars, or
taken
either
and
had
be
lawful
Colonies, tender them, at the rate tender, in the same

coin of the
payment shall aforesaid,

manner
as
doubloons,
he deemed tender
if such
been
made
in the
current
United
Kingdom^.
ORDINANCE
An
No.
alter in the
of
1839.
Ordinance
to
Denomination
Guiana.
of
the
a.d.
1839
Moneys
of
Account
British
Ordinance
No. 1 of 1840 incorporated.
[1st March, 1839.]
WHEREAS
of
a
it is deemed
as
advisable denomination
to
establish dollars and

of
cents
See the Orderin- Council lant
dollar
the
British Guiana, in the
placeand
stead
of of account moneys of guilders, stivers, and
preccdiuij.
pennings :
Be it therefore and
consent
enacted
of the may
by
the Governor
of
of British
Guiana, with
follows
:
"
the
advice
Court
as Policy thex'eof,
as
1. This
Ordinance
be cited
the
Currency Ordniance,
no
1839.
Short
title.
of of
2. Guilders,
considered
1st
as
stivers, and
moneys
pennings
the
shall
longer
Guiana moneys
to
be
;
deemed
but from
account
and
the of
Moneys
account
the
of account
of British of
day
of
March,
1839,
denomination
of
British Guiana.
British Guiana
cents
shall be, as
they are
hereby
declared
be, dollars and
of dollars.
^
See, however, Ordinance
No.
1 of
1876, demonetizing the dollars referred to.
u
Accounts transferred into dollars. in be
No.
3.
1]
All
THE.
LAWS
OF
BRITISH
GUIANA:
[A.D. 1836.
guildersto
of hand, or other claims,of whatsoever accounts, notes existing be receivable in shall or payable guilders payable or the in dollars in guildersbeing first recoverable amount currency, and the rates in the proportion at brought into dollars currency and which all coins law hereinafter mentioned have been by ; declared be legal tenders for debts contracted in guilders shall be to said accounts, notes of hand, and other a legaltender for the same and in the at the rates claims, when brought into dollars currency proportionaforesaid ] and the said coins shall also be a legaltender
nature
for all debts

currency
Debts sued cents. and be for in and
which
have
been, or
and
which in the
may
be, contracted
in dollars
at
the relative rates and after the

account
proportionaforesaid.
1839,
this within
or no
4. From
shall be
1st
day
of March Courts
of
action for
or
suit
covery re-
penaltiesto
dollars
instituted in any
of any
or
of the debt
and for in
Colony
this
the
contracted
the the
Colony, and
dollars
or
shall payable in guilders, originally the

cents
account
be received demand
recovery
same
entertained,unless
for in and fines
is made in all
out
sued
of
and
suits
pecuniary
for in
fixed penalties originally dollars and

cents.
the guilders
shall
be
sued
ORDINANCE
No. render
an
OF
1839.
A.D.^839.An
See No. also 3
Ordinance Colonial
to
examined
Copy
of
the
Ordinance
of 1838 Supplementary
For the
Charter, see
Supplementary Charter, and duly in the legalizedCopies thereof, good Evidence Courts of this Colony. [4th October, 1839.]
Bank
Her Most Majesty WHEREAS Letters Patent, bearing by
Gracious her date the her thirtieth
Appendix
to
Vol. IV.
Queen
at
Victoria,in
Palace
at
and
the the
minster West-
day
unto
of the
October, in
Colonial Bank
second
year
of
reign,did
;
give
and
grant
of
Supplementary
Charter And declared
whereas
before of the said
and correct be a true to Mayor Her Charter by Majesty granted Royal Supplementary copy and to the said Colonial pared comBank, and to have been duly examined with the said Royal Supplementary Charter, has been duly and recorded Office of Demerara in the Registrar's entered, registered, and Essequebo ; and it is expedientthat the said examined copy, and of London and recorded copiesof the said examined copy, so entered in the Registrar'sOffice,should be held,esteemed, respected, deemed, if the and taken to be as good and valid,to all intents and purposes, as had said original thereof Supplementary Charter or an exemplification that examined
a copy the Lord
the
said
Royal Supplementary Charter,
been
Be
so
entered
and
recorded
it therefore enacted
consent
by
the Governor
of
of British
Guiana,
follows
:
"
with
the
advice and Admissibility

as
of the
Court
Policythereof,as
evidence
of
examined of copies
1. The said examined so copy of the said Supplementary Charter in the Registrar's entered and recorded Office,and all copies thereof
A.r).
lS3d.]
examined
and shall
WILLS,
[No.
by
be his lawful and
in
3.
26
duly
or
attested be allowed
taken, evidence
by
in
the
substitute,
and
and
as
be
held, deemed,
to
or
and
Registrar or permitted to by all Courts

if the
were
deputy
shall
this
^"PP}fj"^"J^ j
th7colonial
Bank.
"
pleaded,
of Judicature
Colony,
Charter
be
an
as
good exemplification
said
thereof
original Supplementary there then and produced
and
exhibited.
OEDINANCE
An
No.
OF
1839.
Ordinance
to
render
valid
Wills,
in
Codicils
the
and
A.D.
"
1839.
"
"
Testamentary
of two
Dispositions
executed
presence
Witnesses.
[2nd November,
1839.]
WHEREAS,
witnesses
to
by
and
the
one
existing
Sworn
laws
in
or
force
seven
Clerk,
Colony, two witnesses, are required

codicils
valid
in
this
render
last
wills, testaments,
inconvenience has
and
and
effectual
j^nd
whereas
much have
occurred^
reason
and of the
been
Clerk
or
experienced, by
so
appointments frequent disdifficultyof

documents
procuring
in
cases
Sworn
many
witnesses
more
to
attest
such
in
remote
of
sudden
so
emergency, in many
and
particularly
to
parts of
wills
the
in
Colony,
every
as,
instances,
have
caused
the
nullity of
other
respect legal :
enacted
of the
Be
it therefore and
consent
by
the
Governor
of
of
British
as
Guiana,
follows
:
"
with
the
advice
Court
Policy thereof,
as
1. 2.
and
set
This
Ordinance
may
be
cited
the
Wills
Ordinance,
in
1839.
Short
title.
Any
executed
will, codicil
and shall
as
or
testamentary
in the
manner
disposition made
hereinafter
and
this
Colony,
and
Rule
as
to
attested be
as
mentioned
^tt'^'t^tioi
wUls,
etc.
forth,
legal, valid,
or
purposes, executed
that is to say, such ordinary manner, be signed dispositions shall and may other in end thereof foot at the by the testator, or by some or person be and his presence by his direction, and such signature shall and may witnesses of two in the presence made acknowledged by the testator or in usual
any the
will, codicil,
testamentary
binding, to all intents dispositions made
and
and
legal
and
wills, codicils, and
testamentary
present
shall in
at
the may
same
time, and
the
such
witnesses
or
shall
and
may
attest, and
and
subscribe,
of
the
will, codicil,
but
no
testamentary
of attestation
disposition
shall be
the
presence
testator,
form
necessary.
26
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1839.
OKDINANCE
A.D. 1839.
No.
OF
1839.
An
Ordinance
arisingfrom the and publishing Newspapers and Papers of printing Hke nature a 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.
to
prevent the Mischiefs
[23rd November,
expedient WHEREAS of touching publications
it is Be advice
Short title.
1839.]
be
that
regulations should
hereinafter
of British
provided
:
the
nature
mentioned
it therefore
enacted
of the
by
be
the Governor
of
Guiana, with
follows
:
"
the
and
consent
Court
PoHcy thereof,as
as
1, This
of
Ordinance
may
cited
the
Newspapers Ordinance,
1839.
Prohibition
printing or publishing
newspapers until declaration of certain
or
shall cause to be printed or (1.)No person shall print or publish, before there shall be delivered at the published,any newspaper, Office of the Government Secretaryin Georgetown, or of the Assistant
2.
"
Receiver in
General
at
New the
Amsterdam,
several
as
the
case
may
be, a declaration
for
set
pai'ticiilars
made.
writing, containing
purpose
the the is
true correct
matters
and such
things hereinafter
declaration
the
same
that forth and
specified ; that
title of the
is to say, every newspaper the house

to
or
shall
which
of description be intended to printed,and newspaper

is
buildingwherein
house
or
may such
relate,
paper news-
also of the
to
building in
for, or
true to
on
which behalf
such of the
intended
be
published, by, or
the who is intended
addition,and printer,or to
every person
thereof,and proprietor of of abode place every

conduct who
a
shall also set forth

person
name,
be
the of
the
actual
to
printing, of such
be the
person who is shall
is intended
newspaper, publisherthereof,and
and
of
every
printeror
and relate,
such of such newspaper tion declaraproprietor ; and every be made and named therein as signed by every person of the newspaper such declaration to which publisher may
by
the
person of
or
persons like
named
therein
as
proprietor or
proprietors. (2.)A declaration

delivered
or
the
import
and
so
shall often in
be
as
made, signed, and

any
in like
soever
manner
whenever any newspaper
share, interest,
such declaration
property
be
in
named
any
divided, or changed by act of the parties transferred, assigned, may of and law also whenever, and so often as any printer, or operation by ; named in such o r declaration, or the person proprietor publisher, any such named in any conducting the actual printing of the news^saper be changed, or may declaration, may change his placw of abode ; and
also whenever and
so
often
as
the
title of
any
such
thereof place of publication also whenever, in any case, or on any occasion,or Governor recjuiresuch declaration to be may notice in writing for cause delivered,and may
or printingoffice,
the
the or newspaper, and be changed ; may the for any purpose,
made,
that
signed,
and
served
in the
upon last
any
person, or to be loft or posted at any delivered as preceding declaration, aforesaid,as
be to purpose place mentioned
being
28
No.
to
4.]
be
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1839.
or printer, publisher,
of proprietor,
such
newspaper,
delivered Assistant
the
same
at
the Office of the

as
Government unless
Receiver such
nature
General
as
previousto
or was same
a
occasion
aforesaid, or a new aforesaid,

such
as as
duly Secretaryor of the it is proved that,

of the
same
and
declaration be
similar
or respectively,
duly signed, made,

in which
and
delivered person
requiredby law, may aforesaid respectingthe

to
newspaper, trial did not join.
the
sought
be
affected
on
such
(2.)The Government Secretary or the Assistant Receiver General in on shall, application writingmade to him by any person requiring certified a according to this Ordinance, of any such declaration copy, civil or be produced in any in order that the same as aforesaid, may the deliver to criminal such certified same cause or proceeding, copy, be delivered, for the to the person same. applying and upon all occasions whatsoever, a copy (3.) [n all proceedings
of of
on
any the
such
declaration
that such
certified
to
be
the
Government
Secretary or
Government
of
under true copy Receiver Assistant
the
hand
General,
writing has been signed with the handReceiver Secretary or of the Assistant General, shall be received in evidence against any and every person named in such a declaration, as making or signingthe same, person sufficient proof of such was as declaration, and that the same duly and of the contents signed and made according to this Ordinance shall have thereof ; and such every copy, so produced and certified, the same effect for the purposes of evidence against any and every
proof made
of
certificate
the
such if the
person
to
named
therein
as
to aforesaid,
all intents
so
whatsoever,
and
as
of declaration, original be
a
which made
the
the copy
produced
certified
purports
to
copy, had
been
have
to
been have
copy
duly signed and signed and made

certified
as
produced in by the
same
as
evidence person such
and been proved appearing by such
aforesaid.
declaration
a (4.) Whenever produced in evidence
copy aforesaid
a
of
any
has
been
against any
newspaper
as
and in
made
such
declaration,and
in the
same
having signed person is afterwards produced

newspaper mentioned
intituled evidence, declaration is and publisher,
manner
the
in such and
the names of the printer and wherein intituled, the names as place of printing, are the same mentioned of the printer and of and the place publisher, printing, whether such in such declaration,or purport to be the same, title, and forth in the such set are place printed upon name, newspaper form of words said declaration, in any is contained in the or same as of words the form for shall it be not varying therefrom, necessary other in or informant, or prosecutor, plaintiff, any action, prosecution, the
to proceeding,
or
prove
purchased of the defendant ant, at any office to or or house, shop, or occupiedby the defendbelonging or by his servants or workmen, or where he may usuallycarry on the business of printing or the where or publishing such newspaper, be sold. same usually may (5.)If any person, not being the Government Secretary or the Assistant Receiver General, givesany certificate purportingto be such certificate as to certify or aforesaid, or any of the matters presumes things by this Ordinance directed to be certified by such Government such Government Receiver General, or which Secretaryor Assistant is hereby empowered Receiver General or Secretary or Assistant entrusted to certify, if Assistant or such Government or Secretary any
other
was
newspaper proceedingmay relate
that the
to
which
such
action, prosecution,
A.D.
Receiver hand
1839.]
General any
was
NEWSPAPERS.
[No. 4.
29
knowingly
such
and
that
declaration
Ordinance
been
so
duly signed and signed and made, or

copy the
his wilfullyfalselycertifies under is required to be made this by made before him, the same not having certifies knowingly and wilfully falsely
as
that any of which

true
of any
same
such
declaration
is
true
is certified to be such person

so
copy,
copy of the declaration the same not being such forfeit

the
sum
copy, every dollars. hundred
offending shall
of
five
any
civil or 5, In any such prosecution or proceeding, printer, publisher, or proprietor, of any newspaper,
'1.1.
'
criminal,against
service
at
Place
of
the
^^"^"^^^ "*
CGSS on
.P^""
*/
xj.'
pnntGr
house
the
or
or
place
or
house intended
such declai'ation as aforesaid as any etc., ofnewssuch newspaper is printed, or place at which published,paper. other notice to be, of any matter so or required or
to
mentioned
in
directed
by
this Ordinance
be
given
or
or
or left,
of
any
nature
summons, soever,
citation,intimation, rule, order,

either to enforce
shall upon be and taken
to
an
appearance be good and
or
of process, for any other service in
what purpose
whatsoever,
suificient
thereof
respectively
as
named against every person the of or publisher, proprietor printer,
such
declaration mentioned
the such
newspaper
in
declaration.
6. The
as
Government
may
in
Secretaryand
cause
the Assistant
a
Receiver
book
to
General, Registration
the
case
be, shall
his also
that
his
as
purpose
and Office, the

same
appear
to relating have free liberty to during the hours of
be made
kept for ^^ *^*^^ô^ at "nd mimesôf registered every newspaper the names of the printers and publishersthereof, printers and in the declarations required by this Ordinance to publishers. such newspapers shall all persons respectively ; and
to
be entered, in
be
the Office,
title of
search
business
and
at
inspect the said book the said Office, without
from
time
to
time
payment
of any
fee
or
reward.
7.
"
(1.)The
or
of printeror publisher hours
every
the
within shall,
twenty-four
cause
after such
in the Colony Deliveryof newspaper has been published,copies of newsnewspaper Office of the the Government
use
deliver,
Demerara New
to
be
delivered, at
if the any
o7'same for
of
Secretary
in
Georgetown,
publishedin
County of Berbice, with the printed or published, name printer or publisher thereof signed and written has been thereon, after the same by his proper printed, and hand in his accustomed of signing, manner or by some person of whose and appointed and authorized by him for that purpose, appointment and authoritynotice in writing,signed by such printer of and attested or publisher in the presence by the Government Secretaryor the Assistant Receiver General, has been delivered at the Office of the Government Secretary in Georgetown, or of the Assistant
one
Essequebo, or of Amsterdam, if published in

of every such newspaper place of abode of the
and
any Assistant
part of
Counties General
of
at
Receiver
purposes e^"lence.
part of the
copy and
so
Receiver
same
General
at
New
Amsterdam,
as
the said
case
may
be ; and
receive
the
such
the
so
carefully kept by and printeror pubHsher shall be entitled to demand of the ordinaryprice of the said officers the amount
any such in delivered, manner
as
copiesshall
be
the
and officers, respective from
newspapers who
delivered. and publisher of (2.)Every printer

newspaper for
neglects
directed,
to
deliver
or or
cause
to
be
hereinbefore
every such
such
copy forfeit and
copiessigned
the
sum
aforesaid hundred
shall
neglect
pay
of
one
dollars.
30
No.
4.]
case
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1830.
in writing to the said application be aforesaid may so as signed newspaper in any civil or proceeding, criminal, the said produced in evidence of the the officers shall, at party applying,at any time expense within from the such two thereof,either cause publication years the Court in which, and to be produced in at the time newspaper be produced, or shall is required to deliver the when, the same the party applying for the same, to same taking,according to their the of such at discretion,reasonable security, party, for expense said officers, within to the Office of the certain a returningthe same time that such to be fixed by them respectively if,by reason ; and been has aforesaid by previouslyapplied for in manner newspaper be produced or cannot cannot be delivered, any other person, the same in such the said officers according to any subsequent application, case shall the be to same cause produced,or shall deliver the respectively as as soon they are able to do so ; and all copies so delivered as same, aforesaid shall be evidence and against every printer, publisher, prietor proof every such all civil i n respectively proceedings, newspaper and carried or criminal,to be commenced on, as well touching such therein contained and touching any matter or as thing newspaper any therein contained which is of matter other newspaper, or or thing any such the same effect with said, aforeso a s or title, delivered, purport, copy instances or although such copy may vary in some particulars, in order officers, person any that any
(3.)In
makes
either
as
to
title^ purport
or
effect.
and publisher, (4.)Every printer,

as
aforesaid, shall
are
to
all intents
be
the
printer,publisher,and
which of the delivered such
not
same as
livered deso any copy be deemed to purposes of all papers newsproprietorrespectively and
proprietor of
or as
so impressions
unless aforesaid, newspapers

were
or
such his
title, purport, or effect with such copies such variance aforesaid, notwithstanding that printer, publisheror proprietor proves printed or published by him, or by or with
knowledge
"
privity.
end of every
newspaper,
Names
of
and printer
publisher, etc., to be printed

on
the 8. (1.)At supplement sheet or

name
and
of
any
and
every
and
suiname,
piece of paper, shall be printed the Christian addition, and place of abode of the printerand
and
same
newspaper.
publisherof the buildingwherein

and is the
same,
also is
the
of the house true a or description actuallyprinted and published respectively, and year
on
day
of
the
week, month
which
the
same
published. (2.)If any

to to
causes
be
thereto, whereon
whereon whereon there there
or knowingly and wilfully printsor publishes, or printed or published,any newspaper supplement the several aforesaid not printed, are or particulars false name, is printed any addition,place,or day, or of the place of printingor is printed any description
person
such publishing
description of
newspaper house the Ordinance
which
or
is
different
building
to
mentioned
the in any respect from in the declaration

to
requiredby
as
this
or
be
made such
relating
newspaper shall for
the
house
printed or
forfeit the
building wherein such published, every

of
one
such newspaper be is intended to
sum
hundred
shall
person dollars.
every
such
offence
Givin"
of
9.
any
or
securityVjy und jirinter publisher ti

newspaper.
(1.)No person pamphlet or other

"
print or
publishfor
sale any
newspaper,
or
occurrences,
or
paper containing any public news, remarks thereon observations or any
intelligence,
or
upon
any
A.D.
matter,
1830.]
NEWSPAPERS. he has
and
[No.
entered
into and has
4.
31
until publicor private,
executed
at
in the presence
of, and
a
delivered
Clerk
to, the
Registrarof Britisli Guiana

Public
at
Georgetown
as
or
Sworn
Notary
New
Amsterdam,
be, a bond to Her Majesty, her heirs and successors, may with sufficient sureties,to the satisfaction of the said two together
the
case
officers, every
person paper sureties

or
printingor
in
a
pul)lishing any
sum
such
newspaper,
hundred
or
pamphlet,
and
his
or
or
aforesaid,in the
like sum,
or
of
fifteen
dollars,
heirs
her
conditioned and severally jointly

pay
as
that such
successors,
or
printer
shall publisher fine
to
Her
at
Majesty,
time
her
and
for
upon
penalty may any every of any conviction adjudged against him or her, by reason libel at any seditious or or printing blasphemous publishing any
bond
as
such
be
imposed
time
after executing such
aforesaid. first
paper, publishesaijy such newshaving executed and delivered
(2.)Every person who prints or pamphlet, or other paper, without

such
bond
with
sum
such sureties
of
one
as
aforesaid dollars.
any
shall
for
every
such
offence
forfeit the
hundred
in which
10.
has any
or
In have
every
case
surety
and has
or
or
sureties have
in any
such
bond
or
Givmg
of fresli
been
requiredto
for any in every
part of the sum surety, or in case
he, she, or they has or have become surety dies, or quits the Colony, or becomes
such
or
pay, which
paid the
whole
certain" cases.
insolvent,then
such
and
case
surety
or
sureties
or
new
has
have
the person or bound been other paper

ten
pei'sons for whom shall not print
or
publishany
or
newspaper, she has executed a

to
pamphlet, or
bond
with
aforesaid unless
the
manner
he
sufficient
in sureties, after
and
the
amount
aforesaid, within
days
such
death,
departure from the Colony, or insolvencyas aforesaid ; and in case he or such newspaper, she prints or or pamphlet, publishes any bond other aforesaid without as or having executed such new paper
he aforesaid, hundred 11,
from
to
"
or
she
shall
for every
such
olfence forfeit the
sum
of
one
dollars.
(1.)If
such
surety any bond, it shall and

twenty
or
sureties
is
or
are
desirous for
to
withdraw
Withdrawal ^^
may
be lawful
to
and
so, upon giving Clerk and to a Sworn in Georgetown or Registrarof British Guiana and also to Public New at the be, as case Amsterdam, Notary may such printer and publisher and such in such case surety or ; any every from be and after the expiration of such notice, shall not sureties, than and for liable upon the said bond, other or penalty except any which for and that time before she, he, or penalties incurred, imposed or they would otherwise have been liable under the said bond, such for whom the person surety or (2.)In every such case sureties have has or bound shall not been print or publish any or pamphlet, or other paper aforesaid until he or she has newspaper,
do
days' previousnotice
him, her, or them in writing to the
surety,
executed
amount
new
bond,
with in
sufficient
case or
in sureties,
manner
and
to
the
such
aforesaid ; and
or
he other
c^r
she
paper
printsor
or
pViblishes any
without
for every shall
newspaper,
executed
pamphlet,
new
aforesaid she
having
such
such
bond
sum
as
he aforesaid, hundred
lawful may
offence forfeit the
of may
one
dollars.
12.
any
It
shall
and
or
be
complaint
recovery hundred
of
information
the
one
penalty under to mitigate or dollars,

any
Magistrate before whom brought or be depending for this exceeding Ordinance, not such penalty in such lessen any
for any
be
Power
to
^naTtv^
"^9
No.
4.]
as
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
fit
to
:
1839.
manner
such
always
that such
Magistrate in his discretion does not reduce mitigation
may
think
Provided
less than
the
penalty
one-fourth Kepeal of
repugnant
the to
part thereof.
1 3^
^^^
now are
Ordinance,
^\\ ]aws, Ordinances, enactments, and far as regards usages, as and of like nature, printing and publishingof newspapers a papers and provisions of this Ordinance, existing, contrary to the terms hereby repealed, cancelled,or annulled.
ORDINANCE
A.D.
"
No.
a
OF
1843.
1843.
"
"
An
Ordinance Burials
to
establish
Registry of Baptisms and
in this
Colony. [21stJanuary, 1848.]
BE
Short title.
it enacted and
consent
by
the
Governor of
of British
Guiana,
with
:
"
the
advice
of the Court may 1843. be
Policy thereof,as
as
follows
1. This
Ordinance
cited
the
Baptisms
and
Burials
tration Regis-
Ordinance,
Interpretation
of terms.
2. In this Ordinance, unless
the
means
context
a
otherwise
requires,
"
"OfficiatingMinister"
denomination
"
clergyman
of
any
religious
Chapel
"
means
any
place of religious worship.

and
Original Register's of Baptisms

Keeping
of
Burials.
of I'egisters baptisms and biu-ials in with certain

nexion con-
of this Ordinance, and after the publication registers (1.)From and and burials solemnized and public performed private baptisms land, of England, the Church of Scotaccordingto the rites of the Church
3.
"
of
the
Roman
Dutch
Reformed
Church,
and of any
the
Lutheran
Church,
or
and in
the this
Catholic
religiousdeand form
Church,
made and time
Dissenting Congregations
the
nominations, Colony, shall be

minister ceremonies
to
for the of be
kept by being of
rector, vicar, curate,

or
ing officiat-
thereof.
law
baptism performed,in
paper,
to
and
good
and
durable
may such
the parish and ing accordusually may, books of parchment strongly bound, or of of the public funds, as be provided out every
chapelrywhere
burial have
been
occasion
require.
books
shall be herein
the
printedupon each side of every leaf, requiredto be entered in the register of baptisms and and such burials respectively, entry shall be every numbered from the beginning to the end of each book, progressively the first entry to be distinguished such one by number ; and every entry shall be divided from the entry next followingby a printed line, (2.)In
heads
of information
Schedule Forms and No.
according
1
to
the
Forms
; and
Ko. every
1 and
No.
2 contained such book
in
the
Schedule
be with numbered number
to
No. 2.
this Ordinance with

one
numbers, progressive
in the
page of every the first page
shall
being
page,
marked
and
middle
marked
to
of the in
upper
page
being
one
like
part of such with manner
every subsequent from numbers progressive
number
the
end
of the book.
A.D. 4. A
1843.]
REGISTRATION
OF
BAPTISMS,
ETC.
[No.
1.
ProvidinK
of
33
book so preOrdinance, togetherwith one the form the to of pared adapted registerof baptisms in the Form No. also other book said and prescribed one so 1, and the form to as aforesaid, prepared adapted prescribedfor the of burials in the said Form No. 2, shall, register as soon as conveniently be after the of this be mitted Ordinance, passing provided and transmay the to of the minister or vicar, officiating rector, curate,
as
printedcopy
of this
and aforesaid,
^'^îster ooks.
several
to
use
and
and chapelries in parishes in and apply the same of like form from and
this
to
Colony, who
the purposes
are
hereby required
this
of
Ordinance,
or
and
other books
for the quality shall,

to
like
other
necessary be may
purposes,
be
time
time
procured, whenever
rector,
they
or
required and minister. officiating

5. The
every
may such
called
for, by the
vicar, curate,
shall be kept registers rector, vicar,curate,
in such
or
minister officiating
and separate books aforesaid, as soon as shall,
Eecording
of
11^^8.1"^^"
be practicable after the solemnization of every baptism,whether separate registerbooks, record and enter, in a fair and publicor private,or burial respectively, in the proper legible handwriting, made, register book to be provided, 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 to such entry in words making such entry shall affix his name at length.
of baptism or burial is performed Certificates to the ceremony (1.)Whenever be transmitted other than the church or place churchyard of any to officiating any parish minister of parish,or the chapel or cbapelyard of any chapelry providing its own parish in case distinct register, and such ceremony is performed by any minister not of baptism of such parish or minister being the rector, vicar, curate, or officiating burial performed in of baptism or chapelry,the minister who performs such ceremony other place burial shall, as be transmit to the soon as thereafter, practicable may than parish minister of such parish or rector, vicar,curate, or officiating chapelry church certificate of such baptism or burial ; and the rector, vicar,cui-ate, churchyard, a etc. or minister of such parish or chapehy shall thereupon enter officiating such baptism or burial, in the book to be accordingto such certificate, for the purpose of such kept pursuant to this Ordinance entry, and shall add to such the words : following According to the entry
6.
"
in
or
or
"
"
certificate of the
to
me on
Reverend
dated of
1
transmitted
the
such
day
." minister receiving officiating

form
(2.)Every
any
name
such
rector, vicar,curate, or certificate shall write upon the

surname, with
thereof
his
Christian and
or
and
the
words
to
"
"
This
is the
certificate of the
"
Reverend
referred
in
the
foregoingentry
to
such
to
certificate shall be either annexed original next succeedingleaf of the book, wherein such may be made.
"
the
same
the
thereto entry referring
Custody of respectively books, ^^îster made shall be deemed and to belong to every such parish respectively, shall be kept by and remain in the power and custody of the rector other officiating or of each minister parish or chapel as respective and shall be by him aforesaid, safelyand securely kept in a dry chest, to be provided and repaired, occasion at the as require, may expense of the public. chest containing the shall books be (2.)The constantly kept locked in some dry, safe,and secure place within the church or chapel;
several wherein
7.
(1.) The
books
such
entries
are
34
No.
and
1.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1843.
shall of them, be taken one or not, nor any of chest the at or out whatever, any time, or for any cause of making such entries therein as or aforesaid, except for the purpose of persons desirous search for the inspection therein or to to make
books
shall
removed
from
obtain
state
copies from
and condition
; and
or
out
of
the
or
same,
or
to
be the
as inspected
to
the this
thereof,
for
some
of
purposes
of
Ordinance
producing
the
shall forthwith
or entries, immediately after making such respective books for the the books aforesaid, respectively purposes and securely depositedin the chest. again be safely
Registers of Baptisms Duj^licate

Making and disposalof duplicate registerbooks.
and
JBurials. in
8.
"
(1) Every rector, vicar, curate,
or
minister officiating month of be
the
several in each bound
throughout the parishes

every of books and
in the Colony, shall,

to
.January
year, make, or cause durable good and and which burials such
made,
of baptisms registries or parish chapelry in minister all the resides

;
paper, which have
in strong and well of the duplicate books
been
celebrated
or
in
the
officiating
shall contain of such entries duplicate books have in been entered baptisms and burials which the originalregisters Lo be required by this Ordinance kept, with if books of of the contained the in certificates, oi'iginal duplicates any, the and of not bui'ials, being performed by rector, baptisms registry minister of such vicar, curate, or particularparish or officiating chapelry. the (2.)On the completion of such duplicatebooks of registry, of the parish or minister rector, vicar, curate, or officiating chapelry, has made the who transcript shall, on or before the first day of the same March in each and to the parishfor every year, transmit which they have been compiled ; if such parish is situated in Berbice, Clerk and Notary Public in charge of the Berbice branch to the Sworn if such parishis situated in the County of of the Registrar'sOffice, or the County of Essequebo, to the Registrar of British Demerara or Guiana, to be, on receipt of the same, depositedby the said respective entries of officers in the
and
archives
such their
of each
(3.) Every
to previously
Schedule Form No.
:

transmission
to
Registrar'sOffice. minister or officiating

the said of
shall, officers,verify respective

the
Form No. 3
the
3.
contents in
of such
duplicatebooks
to
registryin
contained
written
or
the Schedule of
this and
Ordinance
in such
book duplicate
shall be such form ; and the rector, vicar, curate, signedby

or
minister officiating
the
parish
to
is transmitted duplicate register
the said
which chapelry from officers. respective
such
Custody
and
right of search in duplicate registerbooks.
books of registry, when delivered to (1.)The duplicate shall be be deemed in to officers, legal custody; respective
9.
"
the said
and any
tioned, men-
person
shall
to
be
entitled,
time
on
payment
of the hours
of
the
fees
hereinafter
so
search such
any o'clock in the
books duplicate between afternoon
when registry, of ten o'clock
at aforesaid,
in the
and
four
(Sundays, Christmas
depositedas morijing Day and Good

and of
Friday excepted);
obtain, from
any
the each
shall be entitled to demand any person of the said respective certified extract a officers,
and
books. entry in the said duplicate

the officer
of
(2.)For every search in the duplicate books, and custody of them shall be entitled to demand a cents, and for every such certified extract fifty
having
sum
receive like
sum
the of
fifty
cents.
36
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1843.
SCHEDULE.
FORMS.
Section 3.
Form
No.
1.
Registerof Baptisms.
Baptisms
solemnized
in
the
Parish
of
in the
year
Section
3.
Form
No.
2.
Registerof
Biirials in the Parish of
Burials. in the year
Name.
Abode.
When
and buried.
where
Age.
By
whom
was
the
ceremony
performed.
Section
8.
FORM
No.
3.
Certificate verifyingDuplicate Register Book.

in the of the Parish \_or [or as the case may he'] Chapelry] of in the Colony of British Guiana, do solomnly County of and declare that the several entries in this book contained sincerelytestify
correct
I, A.B., Rector
and
are
entries contained in the several duplicate entries of the several Books of Baptisms and Burials of the Parish [or Chapelry] aforesaid 1 to the day of day of other and in any that no such entry during such period is contained
,
Register
from
1
,
the
Register
Books
respectively. (Signed.)
A.B.
ORDINANCE
A.D.
~~*
No.
OF Costs
1843. of and
1843.
An
Ordinance
cution
not
for
reducing the
Hundred
levyingExeTown Taxes
in the
liecoveryof
Colonial
exceeding One
the costs
and the
amount
Dollars
in Amount.
[25th March, 1843.]
WHEREAS
Colonial exceed that the
of
levyingexecution
Taxes of the
are
for
the and
recovery
of
the
Tovrn
excessive it is
amount
tax, and
should
very frequently sary expedient and neces:
of such
costs
be reduced
A.D.
Be
1843.]
it therefore
consent
COURTS enacted
OF
JUSTICE,
ETC.
of British
[No.
Guiana, with
follows
:
"
2.
37
by
the Governor of
the
advice and
of the Court where it may of of any

one
"
as Policythereof,
1. In all
tion in for
amount
cases
become
Colonial
the
recovery the sum
necessary Town or
to
proceed to
execu-
Fees
for of
hundred
Taxes, not exceeding the dollars, following and no
recovery Town
Taxes,
other
fees shall be
To the
: chargeable
Provost
Marshal's of
the Process documents
Summary
for drawing; and Office, serving Execution, including copiesof

....
%
1 2 0
c.
served
therewith
00 00 25 00
Levying
Conditions To the To To
the
on
Property, including Inventory

of Sale
...... .
printer for publishing the execution sale of sale Commission, one half per cent, on amount
Office of the Chief
Justice for Fiat Exeetitio

....
0 0 0
25 16
Taxing Costs,when
the
necessary
for attending Sale Registrar
67
2. Nothing in
this
Ordinance of
shall
extend,
to
or
be
construed
the
to
Saving
distance money.
as
to
extend,
Marshal
execution the Town
to
any of British Guiana made of New
bar
claim
beyond
money be entitled may of the the boundaries

:
distance
which
Provostof
for service
of process
Amsterdam
shall in
no
Provided exceed
City of Georgetown and always that the said claim

two
for distance money
case
dollars.
An
Order-in-Council
and
Power granting:
to the
Governor
to
A.D.
"
1843.
"
"
Court
of
with Policyto legislate
reference
the Courts
matters.
of Civil and
Criminal
Justice and
other
[3rdApril,1843.']
At the Court
at
Buckingham
:
Palace.
Present THE HIS Lord Lord
QUEEN'S
ROYAL
MOST
EXCELLENT
PRINCE Earl Earl Lord Lord Sir Sir Sir
of of
MAJESTY,
ALBERT, Aberdeen,
HIGHNESS
President,
Privy
Seal, Duke of Wellington, Marquis of Exeter, Lord Steward, Lord Chamberlain,

Earl
of
Haddington,
Vesey, Peel, Bart., Graham, Bart.,
and
Stanley,
Fitzgerald
Robert James Edward
Jersey,
reason
Knatchbull,
Bart.
by WHEREAS Majesty,
or
of certain
some
Orders-in-Council
Courts the
or
by
of
Her
of the
made by Her Majesty's royal predecessors, of Civil and Criminal form

to
to relating
the constitution
Justice
and
in
British be
to
Guiana,
observed be
or
relatingto
in
and
the
manner
of
proceeding to
emoluments of the
those
Courts,
fees,salaries,
or
received
law
therein, or
by the officers relatingto the

June, 1843.
thereof
the
titioners prac-
constitution
of
the
Published
VOL. I.
in the
Colony on
the 24th
4a
38
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1843.
Board
or
Boards
of
or
Orphan
Chambers,
the
and
Unadministered
the said said
Orphan
and
or
Chamber
within the
emoluments
of
or
officers of the
to
Estates, or to the Colony, or to the duties Board or Boards, Chamber

of the office
Chambers,
of such
relating to
said
constitution the Sworn of
of
the
Registrarof the
members
or
Colony, or
and of
appointment, duties,or
ments emolu-
Registrar
said
the
of his
office, or
by
reason
Clerks, Notaries, and other other some Laws, Statutes

and
Laws and Court and of
Ordinances,
local
the
the authority of the Governor of the said Colony to make Legislature

matters
Policy
doubted
Court any
as
Ordinances be
;
touching the
And
of
aforesaid
hath
been
denied said
whereas
it is have
expedient
and
as
that
the
may Governor
and
or :
Policy
should
the matters Granting

of
aforesaid
exercise authoritytouching all fullyas touching any other matters
of
It
is, therefore, hereby ordered

and with the
by
the
Queen's
Most
Excellent
to the power and Governor Court to of
Majesty, by
in
Policy any such legislate aforesaid

respect
Courts
Order and
witli
to the and
Governor
of Justice other
authorized, as time to make, ordain, and

as
Majesty's Privy Council, that, as Laws, Statutes, or Ordinances Orders-in-Council, for the lawful it shall be anywise notwithstanding, Court of Policy of British Guiana, and they are hereby the local Legislatureof the said Colony, from time to
advice
of Her
or
establish
seem
all such
lor
Laws, Statutes, and

in the said
ances Ordinof
for
matters.
to
them
shall and and
meet
regulating the
constitution
or
the
Courts
of Civil
form in
Criminal
manner
regulatingthe
Courts
or
emoluments
of the law and of
to
of them ; any be received

save
Colony, proceeding to be observed in those and and for regulating the fees, salaries, by the officers thereof, or the practitioners
of in
so
Justice
therein,
made
only
far
as
any
such
salaries said
are
secured and
Court
payable under Policy for settlinga

relates to
the
the
Ordinance
list
on
of the
Governor
civil power the
regulatingwhatever
Courts, and
said the
and
Her Majesty ; and of the jurisdiction
for
said the
or or
administration
for and the
of civil and
criminal
justice within
of
the
Colony ; and of Orphan Boards

Chambers
of
; and
regulating
constitution Estates
or
Board Chamber
and
or
Unadministered
Orphan
within
said of
Colony, and
the
said Board
the
or
the
for
officers
number, duties Boards, Chamber
ments emolubers Cham-
the of
said such
members
various Court
of the office of Registrar of regulating the constitution emoluments Colony, or the appointment, duties, fees, and of the Sworn other Clerks, Notaries, and Registrar,and of the said office ; and it is hereby ordered that, for the for
are
aforesaid,or purposes of Policy shall be and
any
of
them, the
authorised
such
said
to
Governor
and and
hereby
abrogate
same
repeal,or to suspend the operation of, any Ordinances or Laws, Statutes, as aforesaid,so
the
matters
Orders-in-Council,
the
far
as
relate to and
it is
so
aforesaid,or
ordered the for
to
any
of
them
Provided
always,
and
hereby
to
further made
and be
and purposes
declared, that
all Laws
Ordinances
be
or aforesaid,
Governor and the shall

same
Court
of
Policy shall
any other
of them, any be of such and the same

or
by
in of
the
said
authority,
such
the and said
enacted, confirmed, disallowed,

as
amended
manner,
Laws
or
Ordinances
Governor
and
Court
of
Policy.
Lord
Giving
of
directions.
And the Right PrincipalSecretaries accordingly.
Honourable
Stanley, one
of
Her
Majesty's
herein
of State, is to give the necessary
directions
A.D.
1843.]
POWERS
OF
LEGISLATION.
39
An
Order-in-Council
to
grantingpower
alter and
to
certain Orders
Local
A.D.
1843.
to revoke, Legislatures
amend
ing relatand
the relative and

to
Rights and
matters
Duties
of Masters
Servants
other
respectively. [10th June, 1843\]
At the Court
at
Buckingham
:
Palace.
Present
THE HIS
Lord Lord
QUEEN'S
ROYAL
MOST
HIGHNESS
EXCELLENT PRINCE
Earl
of
MAJESTY.
ALBERT,
Lord
Duke Lord Lord Earl Earl
Chancellor, President, Privy Seal, of Wellington, Steward, Chamberlain, of Jersey, of Aberdeen,

on
Haddington, Earl of Ripon, Lord Stanley, Sir Robert Peel, Bart., Sir Henry Hardinge, Sir James Graham, Bart., Sir Edward Knatchbull, Bart.,
Mr. Gladstone.
WHEREAS made
were
the
7th of Her
day
by
the
Queen's
with Colonies
"
the
advice
September, 1838, certain Orders Excellent Majesty, by and Privy Council, for promulgation in the
of
Most
of
British for
Guiana, Trinidad, St. Lucia, and

relative
to
Mauritius, viz.,
An
Order
regulatingthe
"An
and of
Servants," and
Order
make
Rights and Duties of Masters provisionfor the Suppression

an
Vagrancy
And Her
"
;
on
whereas
the 6th
the
day
of October, 1838,
of Her
to
Order
was
made
by
Majesty, with
in the
on
advice
aforesaid
lands the
Colonies,
therein
encroachments
An
to time
gation promulPrivy provisionfor preventing situate ; respectively

make may from time
Council, for
whereas
of provisions
the said recited Orders
exigencies requireamendments within the aforesaid Colonies ; society should originate And whereas it is expedientthat such amendments in the aforesaid of the with the local authorities having legislation power
for the
of
adaptationthereof to the
Colonies ;
Now,
and time may
it therefore, be
is
Majesty, with
the advice
hereby ordered by the Queen's Most Excellent of Her Majesty'sPrivy Council, that it shall
or
Granting
power
to
of
competent to the Governor, being administering the Governments,

Laws any with the advice
or
to
the
officers
for
the
Legislatures
revoke, etc.,
fertam
to
of the
be
aforesaid
Colonies
from time to by them of Councils of the Legislative and consent time made, the of in of Court the Colony the said Colonies or PoHcy respectively, the provisionscontained of British Guiana, to revoke, alter, and amend
respectively, by
Ordinances
to
Orders-
in-Conncil.
in the
so
said
as
recited Orders aforesaid
and
all such
Laws
and
Ordinances
to
be
made
shall,within
the Colonies
have aforesaid,
Published
in the
Colony on
the 12th
August,
1843,
40
No.
the the
and
1.]
same
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D. 1844.
Ordinances
of
force and
Governors
said
authority as any other Laws Councils and or Legislative

above recited
and Court
anything in
cf
the said Orders 6th

1
of the 7th
to
respectively ; day of September,

contrary
the
day
of October, 1838, contained
the
withstanding not-
Givinfjof
directions.
And
the
Right
Honourable
Lord to
Stanley, one
of
Her
Majesty's
Principal Secretaries of State, is
give the necessary
directions herein
accordingly.
ORDINANCE
A.D.
"
No.
vest
OF
1844.
1844.
"
see
"
An
Ordinance Land
now
to
in Her in the
Majesty
Lunatic
certain
Lot
of
But No.
now
included
Asylum.
Ordinance
16
o/ 1905.
it is necessary City of that
[4thMay, 1844.]
WHEREAS No. 280,

heirs and Vestingof
certain land
successors
the middle
in the
Georgetown,
in the
part of the lot of land, County of Demerara,
which, with other lots of land, the Lunatic Asylum has been upon be vested in Her erected,should, for the publicservice, Majesty, her
:
Be
it therefore
enacted
by
the Governor
of
of British
Guiana,
follows
:
"
with
the
occuj)iedby
the Lunatic
advice 1
.
and
From
consent
of the Court
Policy thereof,as
Asylum in Georgetown
in Her
and
after
the commencement
land shall
part
to
of
the
said lot of
in Her
be, and
of this Ordinance, the middle is hereby declared the same

successors.
Majesty.
be, vested
her Majesty,
heirs and
ORDINANCE
A.D.
"
No.
OF
1846.
1846.
"
"
An
Ordinance Stock
a
Ordinances
No. No. 1894 and 1902 See No. and 1898. 5 15
of Joint regulate the Constitution Companies for carrying on Undertakings of

to
of 1847,
of
11
public nature,
for such
from
and
to
authorize
1847, No.
s.
of
"
Lands
(2
2
purposes.
the
Taking of [15th July, 1846.]

of
the
No.
ss.
of
'6
2 and
incorporated.
also
4
increasingpopulation WHEREAS, development progressive

the of
a
the
its resources,
Colony and undertakingsof
Ordinances
of 1877,
9
Na.
of
the establishment by joint stock companies,especially introduced the into be to railways, likely Colony ; And whereas, benefiting by the experience of the Mother Country, it is deemed expedient to comprise, in one general Ordinance, such of of the several Acts hf^reinof the Imperial Parliament the provisions after mentioned are as dition applicableto the circumstances, state, and conof the Colony, that is to say,
publicnature
of
are
"
The
Orders
named
were
revoked
by
Ordinance
No.
26
of
1903, s. 28,
A.D.
1846.]
Act
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
1"2
'^'
41
1st. An
passed in
second
Act
to
"
the
session of
of the
the
Imperial Parliament
Her of the Mails
held
Vict,
in the first and
years
reign of
present Majesty,
intituled
An
"
provide for
in
the
Conveyance
of
of the the
by
3 "
c.
Railways ; 2ndly. An Act

held
in the
passed
third
and
"
the fourth
Act
session
Imperial
reign of
Parliament
4 Vict,
An Majesty, intituled Act 3rdlv. An passed in
years for regulating Railways ; " the session of the Imperial Parliament years
"
Her
present
97.
5 "
c.
6 Vict,
held and
held
in
the
fifth and
"
sixth Act
of
the
Majesty, intituled 4thly. An

Act
An
for the Better
reign of Her present Regulationof Railways Imperial Parliament reign of Her present
Conditions
to
55.
for the conveyance
of
in
Troops ;
passed
"
the
session
years
of the
of
7 "
c.
8 Vict,
in the
seventh
of
and An
eighth
Act
to
the
85.
Majesty, intituled
Construction
attach
certain
the
to be authorized or Railways, authorized by any Act of the present or succeeding Sessions of Parliament, in relation to Railways ; and for other purposes 8 " 9 Vict, 5thly. An Act passed in the eighth year of the reign of Her present 16. Act certain An Act for consohdating in one Majesty, intituled tution provisionsusually inserted in Acts with resi)ect to the Constiof Companies incorporatedfor carrying on Undertakings of a publicnature ; 6thly. An Act passed in the eighth year of the reign of Her present 8 " 9 Vict, c. 18. certain for consolidating Act An Act in one Majesty, intituled authorizing the Taking of provisions usually inserted in Acts Lands for Undertakings of a publicnature ; 9 Vict, 7thly. An Act passed in the eighth year of the reign of Her present 8 "20. c. for Act An Act in certain intituled consolidating one Majesty, authorizingthe Making of provisionsusually inserted in Acts Railways ; and 8 " 9 Vict. 8thly. An Act passed in the session of the Imperial Parliament 96. of Her the of held in the eighth and ninth reign present years Powers An Act of selling to restrict the or Majesty, intituled Acts Parliament contained in of certain relating leasing Railways to such Railways :
future
"
c.
"
"
"
"
"
"
c.
"
"
Be
it therefore
enacted
by
the Governor of
of British
Guiana, with the

follows
:
"
advice
and
consent
of the Court be
Policy thereof,as
as
1. This Powers
Ordinance
may
cited
the
Companies'
Clauses
and
Short
title.
Consolidation
Ordinance Ordinance
Ordinance,
shall
1846. every jointstock hereafter come

which
of Application the Ordinance.
2. This
may,
apply to
may of
company
into
by any be incorporatedfor and a public nature

Ordinance, and
be
which
the
this
purpose Ordinance
operation, undertaking of carrying on any with shall be incorporated such
far as of this Ordinance, save so provisions such or Ordinance, they may excepted by any which shall apply to the company is incorporatedby such Ordinance, which porated and to the undertaking for carrying on is incorsuch company far as be thereto the same so : respectively applicable may and such provisions, well as the provisionsof every other Ordinance as said, aforewhich be incorporated with such as save Ordinance, shall, may form part of such Ordinance, and be construed togethertherewith as forming one Ordinance. all the
expressly varied
42
No.
of
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
Ordinances
to
:
"
Construction and of
3 be
jj^ ^î^ construction
of this Ordinance,
and
of other
shall therewith, the following incorporated provisions The
have
effect
Ordinances
incorporated
therewith.
expression
into
"
the
Special Ordinance
to
mean
"
used
in this may
Ordinance,
hereafter for
shall
come
be construed
of
any
Ordinance
a
which stock
a
operation, incorporating
joint
company
the
and and
to
purpose with which the any word

matter
as
carrying
this
"
any Ordinance
"
on
undertaking of
is
so
publicnature, aforesaid ; as incorporated
prescribed
herein
same
used in this Ordinance, in reference stated,shall be construed to refer to such

be
matter
the
may
prescribedor
sentence
provided for
such word
in
the
SpecialOrdinance, and
shall be construed been
"
the
in
which
occurs
as
if, instead
that
of the
purpose
word
in
expression"prescribedfor
had
the
"prescribed" the ance" Special Ordinand

or
used; the expressions "the

mean
works" works
"the
undertaking
be
mean
respectivelyshall
nature,
the
taking, under"
authorized be
to
"
the
by the SpecialOrdinance shall expression"the lands the lands which are by the SpecialOrdinance authorized taken used for the purposes thereof ; and the expression or the parties, promoters of the undertaking shall mean
may
to
of whatever
which
;
be executed
the
"
whether
company,
or
undertakers, commissioners,
such and
"
trustees,
porations, corpowered em-
private persons,
works in the
to execute
by the Special Ordinance or undertaking.

the
Interpretation
of terms Ordmance and the
in
4,
êxt
,
,
jj^ ^j^jgOrdinance
Otherwise
^
" "
Special Ordinance, unless
con-
the
requires,
Special Words Words
Ordinance.
gender only shall include females : importing the masculine the singular number only shall include the importing words number and the importing plural number only plural ; number shall include the singular :
Lands Lease The
"
"
shall extend
to
:
messuages,
lands, tenements, and

a
ditaments here-
"
"
of any tenure shall include an

"
agreement for
"
lease
: mean
"
railway
or
and
or
"
the works
railway of undertaking,
any
rate
or
shall respectively whatever

to
the
way railmay
nature, which
executed
:
by
"
the
SpecialOrdinance
shall include
the
be authorized
be
Toll" under
charge or
other payment
payable
on
Special Ordinance
for any
passenger,
animal, carriage,
the the
"
matters, or goods,merchandise, articles, railway: Goods shall include things of every railway;
"
thingsconveyed
kind
conveyed
upon
"
Month
"
shall
mean
calendar
month
"
Day
"
shall
:
"
mean
twenty -four hours

affirmation in the
computed
case
de
momento
in
momentum
"Oath
other oath
"
shall
include
of Quakers,
in the
case
or
other
of any
an
declaration
lawfullysubstituted exempted by law persons

of the any
case
for
an
oath the
"
from
of taking necessity
mean
Justice
Peace
"
and
"
Justice
shall respectively
or
and
include
as
Stipendiary Magistrate
may is not
Justice
of of
the this of
Peace,
the
be, acting
interested
as
Colony, and cognizance
who
any in the matter
such
in
part
requiringthe
Justice
of
any
such
Magistrate or Stipendiary
44
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
Distribution
Division shares. of
of Capital of Company
into
Shares,
capitalinto
shall be divided into shares of the 6.^ The capitalof the company such shares shall be numbered number and amount prescribed ; and in arithmetical one beginning with number progression, ; and every number. such share shall be distinguished by its appropriate
Shares estate.
to be
7. All
shares
as
in
the and
undertaking
shall not
be
shall
be
personal estate,
of real estate.
and
personal
transmissible
such,
of the nature
the
Shareholders. to
a
8. Every
the
person
who the
has
subscribed
or
prescribedsum
become been shall has
or
upwards
to
on
capital
in the
of
share
company, and company,
has
name
otherwise
entitled
whose
entered be
the
a
register of
shareholder
shareholders
of
hereinafter
mentioned,
deemed
the company.
shall in
Register of
Shareholders.
9.
of
The
Company
and
keep
such
book
to
be be
the
called
the
"
Shareholders," time entered, from

and
in
book
names
shall of
fairly and
several
Register distinctly
to
time, the
of
corporations,
the
names
and
additions
the
several
the company, shareholders are
its and
number, and
the
surnames
together with the number entitled, distinguishingeach share by respectively the amount of the subscriptions paid on such shares ;
or
entitled to shares persons, of shares such to which
corporate
;
names
of such
the said
book
shareholders be
shall be
placed by the
next
in
order alphabetical seal
and
shall
authenticated
common
of the
authentication
shall take
company place at the
first
being affixed thereto, and such ordinarymeeting, or at the

and
so
each
subsequent meeting,of the company, ordinary meeting of the company.

"
from
time
to
time
at
Shareholders' Address Book.
10.
(1.)In
shall in which
addition
to
the
to
said be
register
the
"
of
shareholders, the
Address
enter to
Company
Book,"
several
provide
the
book,
called
Shareholders'
time
order alphabetical
the
secretary corporate
shall
names
from
time
in the
names sur-
and
places of
with
business their
far
as
of
shareholders
of
of the
the
several
being company, other shareholders'
corporations, and
the
the
respective
same
Christian
may
places of abode, and names, be known to the company. (2.)Every shareholder, or, if such
or
so description,
shareholder
at
is
corporation,
times
the clerk
peruse of or be
agent
book
of
such
such any
without
:
corporation, may charge, and may

for every demand a hundred
sum
all convenient
a
require
words
not
copy
so
thereof,
part
thereof
and
copied,the
company
may
requiredto exceedingtwenty-five
cents.
Issue
of certificate of share.
1 1.
cause
"
(1.)On
demand of
of
certificate
the
of any share,the company shall of such share be to delivered proprietorship such certificate and
the holder
to
such
shareholder, and
company affixed
shall have
the
common
seal in
of the
thereto,
shall
specifythe
; and
share
the may
undertaking to
^
which
such
shareholder
is entitled
the
same
any
with 6 to 134, hoth the provisions of inclusive, except as incorporated Ordinance, and except as to any railway, were repealed by the Companies was repealed by the Companies Ordinance,1898, Ordinance, 1864, s. 174, which
Sections
s.
248, but without
revivingthe
above
sections.
A.D.
be
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
in
[No. 1.
to
45
Schedule
""^ "'
according to
or
the
Form
No.
contained
the
Schedule
demand is
this
:
'
Ordinance,
not
to
the like effect.

company
or, if
no
(2.)For every such certificate the exceeding the prescribedamount, then a sum not exceeding one dollar.
may
amount
any
sum
prescribed,
12.^ Any such certificate shall be admitted in all Courts as primd facie evidence of the title of such shareholder, his heirs, executors,
Certificate to iê evidence,
administrators,successors, but, nevertheless,the want

holder
of any
"
or
assigns,to
of such
the
share
therein
specified ;
prevent
the
certificate
shall not
share from
thereof. disposing
Kenewal of
13.
the
may certificate
out or damaged, then, upon (1.)If any such certificate is worn the directors same being produced at some meeting of the directors, another similar order the same and be to cancelled, thereupon
certificate,
shall
be
of
given
the
to
the
party
in whom
the may
property
be
at
of
such
time
certificate and
share
therein is lost
mentioned
or
the
vested, or thereof,to
be
and made
if such the
certificate of
destroyed,then
similar lost
satisfaction
the
directors,a
upon certificate
or
proof
shall
given to
in
the party entitled to the certificate so due entry of the substituted either case a
destroyed;
certificate shall be
by the secretary in the registerof shareholders. (2.)For every such certificate so given or exchanged,the demand not exceeding the amount, prescribed may any sum is prescribed, then a sum dollar. not exceedingone amount
Transfer
14.
all
or
"
or,
company if
no
or
Transmission
of Shares.
Ordinance
may all
case or
SpecialOrdinance
interest in the the
in this (1.)Subject to the regulations contained,every shareholder in the undertaking,or any of his shares
in
the
his
are,
General
right
sell and
or
transfer
of
share"a
mode of transfer.
any
part
into
capital stock
of
the
company,
in
such
shares
under stock.
provisionhereinafter
transfer
the
contained, consolidated
shall be
capital
in
(2.) Every such

which
may
by
written
instrument such
the be
consideration
the
shall be Form No.
truly stated, and

2 contained
instrument
to
accordingto
or
in the Schedule
this
Schedule Fomi No.
Ordinance,
15.
"
to
like effect. of
2.
(1.)An
to
a
instrument
transfer
be in
a
delivered shall enter
the
secretary, and
thereof shall
on
memorial
(when duly executed)shall be Registerof Transfers, kept by him ; and the secretary book to be called the Register
"
of Transfers," and
endorse
such
entry
a
on
the
instrument
to
of the and
the
not
transfer,and
shall,
every
demand,
deliver
new
certificate
purchaser. (2.)For
such
entry, together with

may
no
such
sum
endorsement
not
the certificate,
company
demand
amount
any
is
exceeding
a sum
prescribedamount, or, if exceeding one dollar. (3.)On the request of

of such of
a
then prescribed,
the
purchaserof
on
any
share, an
endorsement
transfer
shall
be made
the certificate of such
new
certificate
being granted,and
by
new
the
secretary,shall be considered
share, instead such endorsement, being signed in every as a respect the same
certificate.
^
As
to the enactments
on
this page,
see
the note
to
6.
6.
46
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA has the

may
not
or
[A.D.
so
1846,
to
(4.) Until
the
such
instrument
of
transfer of
been share
be be
to
delivered
secretary as
the the
aforesaid, the
for any the the
vendor
calls share
shall
continue
liable to
company the
that
shall
made entitled
vote
upon
to
such
receive
share, and
purchaser of
of profits
share of any such share.

Restriction of
undertaking
entitled to
in
respect of
16.^ No
any share call has
nor call,
shareholder been he him.

shall
shall in
be
transfer
time
any
share,
after
right of
transfer.
made
has
respect thereof, until

all calls for the
he
has
due
paid
on
such
until
paid
being
every
held
"
by
Closing
transfer
of books.
of transfers
for the directors to close the register be lawful prescribed period,or, if no period is prescribed, then for a exceeding fourteen days previous to each period not of the same, ordinarymeeting,and they may fix a day for the closing in some of which days' notice shall be given by advertisement seven
17.
(1.)It
for
the
newspaper
as
hereinafter
transfer
as shall,
mentioned.
(2.)Any
are so
made
during the
the
time
when and
as
the the
transfer
books
closed
between
not
company
party claiming
under
to
Authentication of transmission of shai'e otherwise than transfer.
the same,
but
otherwise,be considered
made
subsequently
transmitted
in
such 18.
"
ordinarymeeting. (1.)If
the interest
in any share has
become
by
holder, insolvency of any shareconsequence of the in consequence or marriage of a female shareholder, than according to the or by a transfer, by any other lawful means shall transmission of this or the Special Ordinance, such provisions be authenticated by a declaration in writing, as hereinafter mentioned, of the
death, or
bankruptcy, or
or
in such
other
manner
as
the
directors has
(2.)Every
the
such
declaration
such
some
require. may shall state the manner

been
so
party
to
whom,
share
in which, and transmitted, and shall
be made
to
and
signedby
administer
secretary, and
under such
credible person before any person authorized the such declaration shall be left with of the person entitled thereupon he shall enter the name oaths ; and
in the
transmission
registerof shareholders.
demand (3.)For every such entry the company any sum may is prescribed, not amount, and, if no amount exceedingthe prescribed then a sum not exceeding one dollar. has been so authenticated, no person (4.)Until such transmission shall be entitled to claiming by virtue of any such transmission in of the undertaking or to vote receive share of the profits any
respect of
Proof of
mission trans-
any
such
share
as
the holder
is
thereof. of the
a
19.
of such
If such
transmission
by
virtue
marriage
copy
of
female
by marriage, will,
etc.
shareholder, the
said declaration
shall contain
of the
of the celebration marriage,or other particulars the holder of such share ; shall declare the identity of the wife with has virtue of any testamentary if such taken transmission and, place by the letters of of the the instrument or will, or by intestacy, probate
register thereof,and
administration, or
or
official copy from, such will,or of, or extract ation, administration,shall, togetherwith such declarprobate, in such be produced to the production, and, secretary; upon the secretary shall make either of the cases an entry of the aforesaid,
an
letters
of
declaration
in the
of register
transfers.
the note to
s.
As
to the enactments
on
this page,
eee
6.
A.D. 20.^
of
1846.]
"
COMPANIES'
CLAUSES
shall not
AND
POWERS. the
to
[No.
execution
1.
Relationof
47
(1.)The
company
be bound
or
to
see
to
any trust, whether of the shares may be
(2.)The
time
names
implied, express, subject. receiptof the party in whose

in
constructive,
name
which
for
any
tn^tsâflecti
shares.
any
share
the
being stands
of
in
more
the books
partiesthan
of the company, or, if it stands of of the the one receipt one,

from time
to
in the
parties
be
named
a
the
register of shareholders, shall
time
sufficient money
to
of
trusts
for any dividend other sum or discharge to the company payable in respect of such share, notwithstanding any and whether then be subject, which such share may not or has
to
the
not
be
company bound
had
see
notice
to
of
such
trusts
; and
the
company
shall
the
of application
the money
paid upon
such
receipt.
and Payment of Subscriptions 2 1
.
Means have
of enforcingPayment of
subscribed any
Calls. Payment
of
The
several
persons
who
money
towards
subscriptions shall pay undertaking, or their legal representativesrespectively, the sums so subscribed, or such portions thereof as may f^jj.^^'^^ respectively be called for by the company, from time times to time and at such be appointed by the with respect to places as may ; and company the provisions in this Ordinance in the Special contained Ordinance or for enforcing the payment of calls,the word shall "shareholder" extend include of such and the legal personal representatives to
the
shareholder.
22.
make of
as
"
(1.)It
amount
shall be
lawful
upon
for
the
company
fi'om time
to
time
to
Power make
to calls.
such
calls of
the
it may
think of and each
is
given
in respect shareholders respective money of capitalrespectively subscribed or owing by them fit, provided that twenty-one days'notice at the least and that no call exceeds the prescribed call, amount, calls that
are
the
if any, in any calls and
that successive and
not
made
at
less
than
interval, if any,
one
the
aggregate
liable to held
to
amount
the prescribed of calls made
(2.)Every
so
the year does not exceed shareholder shall be

in
amount, prescribed
pay
if any.
amount
the
of
the
made,
the
respect of the
and
shares
time
at
times
places,from
by him, to the persons, time appointed by the
company.
23.
does not allowed the time
If,before
or
on
pay shall shareholder
the amount be
from
by
law
day appointedfor payment, any shareholder of any call to which he is liable,then such liable to pay interest for the same at the rate the day appointed for the payment thereof to
payment.
for the
if it thinks fit,to receive company, to advance the all or willing same, any their
the
for Liability interest

on
impaid
call.
of the actual It shall be of the
24.
from
lawful
Power allow
on
to
any due part of the moneys called and for, actually

or so
shareholders
upon
interest
much
thereof made
as
the upon from time to time
shares beyond the sums respective so principal paid in advance, moneys

may exceed
pajTnent of subscriptions
before call.
the amount
of the
calls then
the shares in respect of which such advance may be made, the company such interest at rate, not exceeding may pay the legal rate of interest for the time being,as the shareholder paying such sum in advance and the company may agree upon. upon
'
As
to the enactments
on
this page,
see
the note to
s.
6.
48
No.
1.1
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1846.
Enforcement of call action.
by
25.^ If,at the time appointed by the company fails to pay the amount any call,any shareholder
be
for of
such
payment of it shall call,
lawful
thereof
same,
such shareholder to sue for the amount company the of and to recover competent jurisdiction, any lawful with interest frum which such call was the day on in Court
for
the
payable.
Particulars action in
26,
any
In
any
action
to
or
suit
to
be
brought by
due
for call.
any money to set forth the specialmatter, necessary the company to declare that the defendant
sharehoLier
recover
the company against for any it shall not be call, but it shall be sufficient for is the holder of of
one
share
or
the number in the company (stating in the sum ot' money to the company to
more
and shares), the calls in
is indebted
arrear or
which
may
more
amount
in
respect
number
to
of
one
call
amount
or
more
(statingthe
action has Ordinance.
Matters action to be for call.
was call,
and
of
each
one upon of such
share
accrued
the
company
by
virtue
of this and
whereby an calls), the Special

suit it shall
27.
"
(1.)On
to
the trial
that
one
or
hearing of
or
more
any
at
such
action time of
or
proved in
be sufficient
prove of the holder

was
the
defendant,
such
the
making
such that
share and
in the
and undertaking,
such
call
by
this
prove
matter
recover
made, given as to Special Ordinance ; and it shall not be necessary the appointment of the directors who made such call or any shall be entitled to whatsoever ; and thereupon the company
in fact notice
or
thereof
is directed
the
what
may
be due
it appears due that interval
either that any

notice between
to
more
upon such call
such
with call,
interest
thereon, unless
call exceeds
was
of
two
such
not
successive
calls
or prescribedamount, that the prescribed given, that calls had not or elapsed,
or
the
amounting
calls in
one
or
be
of prescribed tor the total amount that period. year of of shareholders,or a (2.)The productionof the register copy shall certified by the secretary of the company, therefrom extract primd facie evidence of such defendant being a shareholder,and than
the
sum
had
been
made
within
of the number
and
amount
of his shares.
Forfeitureof
Power
declare to share
Shares
for Non-Payment
of
Calls.
28.
with
at
If any time
shareholder
the such
the
interest, if any,
after of
that
fails to pay any call payable by him, together have accrued thereon, the directors, may
two
forfeited for
non-payment
of call.
any
expirationof
caU, may
of such
months the
do
from
the
in
day appointed
of which
for such has
payment
call
was
declare
may
or
share
so
respect
the
and payable forfeited, call
whether
company
sued 29.
for the amount
not.
Proceedings
to be taken before exercise of power of forfeiture.
Before
of such
or
declaringany
intention
to
share
of the
the directors forfeited,

or
shall
cause
notice usual
be left at
transmitted
last
placeof
to
abode
shareholders any known in any such

to
be the
is
person of such proprietor

or
by appearing by
last
the post to the

the of register holder of is not
share ; and
or
if the of
share
the
abroad,
if his usual
reason
directors, by
is known
of its
or
place being imperfectlydescribed

if the become interest transmitted
a
abode
the
shareholders'
share than
address book
otherwise, or
have
in
such
by the directors to
hereinbefore
otherwise
^
by transfer,as
on
mentioned, but
s.
declara-
As
to the
enactments
this page,
see
the note to
6.
A.D. 1846.]
tion of the such
COMPANIES'
has
CLAUSES been
the
AND
POWERS.
[No.
1.
49
transmission, of may
not
and as aforesaid, registered

same
so
address
or
the
partiesto
the time shall
in
as
whom
for
being
been transmitted, liiay have known to the belong, is not of such

of
; at
directors,the directors
The
give public notice

The
intention
in
London
Gazette
and
Oficial Gazette
mentioned
the
Colony, and
the
several
also in
notices
some newspaper, shall aforesaid
hereinafter
and
be
given twenty-one
of forfeiture.
days
least before
the
directors make 30.^ the sale been

after such A
or
such
declaration
declaration of forfeiture shall not

other
at
take until of
effect
such
so
as
to
authorize
has
Confirmation of forfeiture at
of disposition
some
any
share
declaration
to
confirmed
general meeting
two to
the
expiration of
of intention
months
make
at
the
company, least from the
the
be
on
held
which
general
meeting.
day
notice
such
declaration
of forfeitui-e has been such any

or
given ; and
at
it shall be lawful
for the company
to confirm
forfeiture
any
such
meeting,bj
an
order at such
the
meeting,or, at
to
subsequent
otherwise
general meeting,to direct
share
so
forfeited
be sold
disposedof.
aforesaid,it shall be lawful for the directors to sell the forfeited share, either by public auction or such than one forfeited share, privatecontract, and, if there are more then either separately and or to them as seem fit, together, may any
confirmation
as
31.
After
such
Sale of forfeited share.
shareholder 32.
"
may
purchase any
declaration
in
forfeited share
so
sold. credible
person
not to
was
(1.)A
in
writing by
before
the
some
Evidence forfeiture share.
as
to
interested administer
the
as
matter, made
thereof
oaths
notice
that aforesaid,
duly authorized any person call in respect of a share

that of
of
made,
call
was
and
given, and
forfeiture
default in
the
payment
of
the and
made,
in
and
that the
share
be
was
declared
confirmed
of the
manner
hereinbefore
shall required,
sufficient evidence
facts therein stated.
(2.)Such
company
such
a good shall be delivered to share,and a certificate of proprietorship such purchaser, the holder of such and thereupon he shall be deemed share, discharged from all calls due prior to such purchase; and he shall not be bound to see of the purchase money, to the application shall his title to such nor in the share be affected by any irregularity in reference to such sale. proceedings
for the
and declaration, of such price
the
receipt of
the
treasurer
of the
title to
share, shall constitute
33.
any
The
such
at
company defaulter
shall not
than of such of will
sell
be
or
transfer
more
of
the shares
can
of
Limitation
of
as sufficient, nearly as arrears
be
from
tained ascer-
power to sell shares of
the time
on
defaulter
account
sale,to pay the calls, togetherwith

of forfeiture and such forfeited interest
then and
due the
such
defaulting
shareholder.
interest
expenses
attendingthe declaration by the sale of any

to
sale ; and if the money duced prothan sufficient shares is more thereon due
at
pay
all
arrears
of
calls and
the
of
time
of
such
and
sale,and the expenses attending the declaration sale thereof, the surplus shall, on demand, be
forfeiture
to
paid
and
the
defaulter.
34.
been
i
is made
of such arrears of before any share so forfeited sold, such share shall revert
to the enactments
on
If payment
and calls,
and
to
interest
in
to
expenses,
has
same
PajTnent of
an-ears
vested
the
the
party
to
s.
company the whom
before
sale.
As
this page,
see
the note
6.
50
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1846.
had
belonged before such been duly paid.

Remedies
in such forfeiture,
manner
as
if such
calls
of Creditors of Company
any the
against Shareholders.
law the
or
of Liability
35.'
issued
cannot
"
(1-)If
against
be found may shares
:
shareholders,
on
execution, either at property or effects of

to
in
equity,has
and
been
company,
if there such
execution
sufficient whereon be issued
issued company,
extent
against
to of not
levy such
the the
execution, then
to
execution of their up
against any
the
no
of
shareholders
the
extent
shares up.
paid
paid
any
Provided
in respectively always that

an
capitalof
such
execution
then not company shall issue against in which the action, upon
shai'eholder except upon

other in open
order
of the Court
or
suit,or
motion
proceedinghas
Court,
after
been
brought
instituted,made
sufficient notice
in
writing to
the
charged ; and, upon such motion, such Court issue accordingly. For the purpose of ascertaining of the shareholders, the names (2.) the of the and be to amount capitalremaining paid up on their such shall lawful it entitled to any be for shares, respective any person of shareholders execution, at all reasonable times, to inspectthe register sought to
execution
to
be
persons order may
without
charge. If,by
Right
of
shareholder
satisfying
execution to reimburse-
has of any such means paid execution, any shareholder of money then due from him in respect of beyond the amount such additional be reimbursed sum calls,he shall forthwith by the
36.
any
sum
ment.
directors out
of the
funds
of the company.
Borroiving of Money
Mode of
by Company
authorised
or
on
Mortgage
the
or
Bond.
to
37. borrow the
If
the
company
on
is
by
Special Ordinance
for
to
borrowing
money.
money restrictions
or
mortgage
contained
such
sums
bond,
the
it shall be lawful
it,subject to
borrow
to
on
in
Special Ordinance,
as
mortgage
an
bond
a
order
of
of money general meeting of the in the
may
from be
time
time, by
to
company,
sum
authorized
the
be
borrowed, Ordinance,
with
not
exceeding
for
to
whole
prescribedby
Special
and
securing the rejiayment of the

mortgage
the
interest,
that until
undertaking
in
manner
so borrowed, money and the future calls on
shareholders, or
Provided money
and
to
give bonds
company
cent,
hereinafter be
authorized
to
mentioned borrow
any
the
shall of the in any
not
fifty per
whole
case
of its
to
shall not
be authorized
has been paid up, capital than borrow a larger sum
one-third
of its
capital.
money pays
so so
Power
to
borrow re-
38.
to
paid
money off.
be borrowed
If,after having borrowed any part of the the company on or bond, mortgage
be lawful time
to
authorized
same,
off the
it shall
so
from
exercised
unless the
without money
or
and paid off, be time ; but such of re-borrowing shall not power the authorityof a general meeting of the company, off any in order to pay is so re-borrowed existing for it
again to
borrow
the
amount
mortgage
Evidence
of
bond.
authority for
from
borrowing.
is restricted (1.)Where by the SpecialOrdinance the company definite until bond a or on borrowing any money mortgage of has or its subscribed been where, or by paid capital up, portion this or the Special Ordinance, the authority of a general meeting is
39.
"
As
to the enactments
on
this page,
aee
the note
to
a.
6.
52
No.
1.]
"
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
or
1846
Right and
mode of of
or
45.^
from
(1.)Any
to time
transfer
time
person transfer
entitled to any
his
such
mortgage
therein
bond any
rightand
shall
interest
to
may other
mortgage
bond.
person.
(2.)Every
wherein
the
:
such
transfer
consideration No. 4 contained
shall be
be by instrument truly stated,and may

to
in be
writing,
according
or
Schedule Form No.
to 4.
the
Form
in the Schedule
this
Ordinance,
to
the like effect. 46.

the
"
Registration
of transfer of
or
(1.)
Within the
mortgage
bond.
if executed arrival and thereof

to
within
thei'eof in
thirtydays after the date of every such transfer, Colony, or, otherwise, within thirty days after the tary, Colony, it shall be produced to the secrethe
thereupon
be
secretary
same manner
shall
as
cause
an
entry
case
or
memorial
made
in the
in
the
of
the
original
after such ; and entry every such transfer shall entitle the bond transferee to the full benefit of the original mortgage in all or
mortgage
respects.
(2.) No
to make
or
party having made
any
such
transfer
or
shall bond
so
have
power
the mortgage void, release,or discharge
transferred,
a sum sum
thereby secured. money (3.)For every such entry the exceeding the prescribed sum, or, if
any
one manner
company
no
may is
demand
shall
not
sum
the prescribed,
not
of any
dollar
; and
until
such the
entry
the in
company
be
in
to responsible
transfeiee
money
respect of any
upon any
such such
mortgage.
Payment
interest money borrowed.
of
on
47.
bond
The
interest
of the
borrowed
mortgage
or
paid at the periodsappointed in such mortgage or bond, to the several and, if no period is appointed,half-yearly, partiesentitled thereto,and in preference to any dividends payable to the shareholders
of the company.
shall be
Repayment
of money borrowed at time fixed.
48.
thereof be
The
repayment
;
company of the in
may,
if it
thinks
so
proper, shall
fix
period for
the such
the
principalmoney
case
borrowed,
cause
with
interest
and
such
the
company
or
period
to
bond, and, upon the expiration of such period, the principal sum, of interest together with the arrears the entitled be to thereon, shall, on to such demand, paid party deed if other of is inserted or no bond, and, place mortgage payment in such mortgage deed or bond, such principal and interest shall be in payable at the principaloffice or place of business of the company, this Colony or elsewhere, as the case require. may
mortgage
Repayment
of money borrowed where fixed.
no
inserted
in the
deed
49.
time
"
(1.) If
no
time
is fixed in the
so
repayment
deed
of the money bond or may, twelve
mortgage borrowed, the party at the expiration or

from the date of
deed
or
bond
to
for
the the
or
entitled
at
such
gage mort-
any
time
after deed
expiration of Ijond,demand
all
arrears
months
such
mortgage
of
; and
thereby secured, with payment of the principal money interest, givingsix months' previous notice for that upon
in the
on
purpose
like
case
the the
money
borrowed
giving
company like notice. be in
may
at any
time
pay
off the
(2.)Every
morl;gagee
at
or
such
notice
shall
writing, and,
to
if
given by
bond
shall be creditor,
company if given
delivered
in this the
the
secretary, or
or
left
the
the
principaloffice;of the case require, and, may
Colony
by
either
personallyto
such
residence, or, if such

^
or mortgagee bond mortgagee or
company, bond creditor
shall
or
elsewhere, as be given
left at
tt)
his
creditor
to
s.
is unknown
the
As
to the enactments
on
this page,
see
the note
6.
A.D.
1846.]
COMPANIES'
after
CLAUSES
AND
POWERS.
notice
[No.
1.
53
or directors,
cannot
dilijênt inquirybe found, such

Gazette
as
shall be
given by advertisement of the Colony,and in

such off
in TJie London
some
and
The
Gazette Official
newspaper
hereinafter mentioned.
Cesser interest notice of
on
has given notice of its intention to 50.^ If the company off any pay the same be mortgage or bond, at a time when lawfully paid may notice
or or
by it,then at the expiration of such to be payableon such cease mortgage

payment
made
all further
interest
shall
expiration of
to pay
bond, unless, on
at
demand
of
off
or
mortgage
bond.
pursuant
the
to such
notice
any
time
at
thereafter,the
the of expiration
fails to company pay such notice on such
and principal
or
interest due
mortgage
bond.
the
51.
are
Where
Ordinance ])ythe Special

to
mortgagees
arrears on
empowered
arrears
enforce
the payment
of the
of the company of interest, or
Power certain for
In
cases
of the the interest
of
and principal of
a
interest,due
such
mortgage,
by
mortgagees
to enforce
appointment
accruing upon
thereof
receiver,then if, within thirtydays after the such payable,and mortgage has become any
in
pujnnent of
arrears
of
interest
the same is not writing, paid, the mortgagee for the interest to his rightto sue in arrear so may, without prejudice in any Court of competent of the appointment jurisdiction, require a hereinafter receiver,by an application to be made as provided ; and such after the principal money if,within six months owing after demand mortgage has become payable,and
same
after demand
by appointment
of receiver.
upon any thereof in
writing,the
his
is not
paid, the
mortgagee,
without
prejudiceto
right to sue for such principal together with all arrears money, of interest, in any Court of competent if his debt jurisdiction, may, amounts to the prescribed sum, alone, or if his debt does not amount to the prescribed sum, such mortgagee may, in conjunction with other after demand as mortgagees whose debts, being so in arrear aforesaid, to the prescribed together with his,amount requirethe appointment sum,
of
a
receiver, by
an
to application
be made
receiver
as
hereinafter the
provided.
aforesaid
52.
be
"
for (1.)Every application

to two
in
cases
Application
shall be made
lawful
for
buch
Justices ; and, upon it shall any such application, Justices, by order in writing,after hearing the
some sums
appoHftmen of
receiver,
to appoint parties,
person
to
receive
the
whole
or
competent
or
part of the tolls
or
liable to the payment
of such
interest
such
and the principal as interest, case be, until such interest,or may such principal and interest, the case as be, togetherwith all costs, may has or the tolls or sums includingthe charges of receiving aforesaid, have been fully paid. of (2.)On such appointment being made, all such tolls and sums aforesaid shall be paid to, and as received by, the person so to money be appointed; and the shall be so much to be received so money money received such interest or such by or to the use of the party to whom and interest, the case principal as be, is or are then due, and on may whose behalf such receiver has been appointed. interest and (3.)After such interest and costs,or such principal,
costs, have been
so
the received,
power
of such receiver
shall
cease.
53. At all reasonable 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
any
Right of access by mortgagees

creditors books of account. to
charge.
^
As
to the enactments I.
on
this page,
see
the note to
s.
6.
VOL.
5a
54
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846
Conversion
Power money to raise
of
Borrowed
Money
into
Capital.
unless fit, the it is raise additional
54.^
otherwise
sum so
It shall be lawful
for the
company,
if it thinks
to
by
provided by
to
the
SpecialOrdinance,
or
creating new shares, etc.
authorised of the the

sum,
be
borrowed,
instead
to
any
at
part thereof,by creating new

the same,
a
shares
company,
same,
of
borrowing
interest
borrowed
additional
no
continue
only
part
or, having of such

; but
and
to
raise of
a
part
thereof
by creating new
shall take company. of
new
shares
such
augmentation
the
previousauthorityof
The
capitalas generalmeeting
raised
aforesaid
place without
shares shall
of the
Character
new
of
55.
be
capitalso
as
to
be
by
the
creation
shares.
shall and of the company, general capital part in all respects, whether with reference be subjectto the same provisions the forfeiture of shares to the payment of calls, or 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 capitaland which it shall be lawful for the of such calls, the amount respectively
considered
of the
company
Right of
shareholders,
if
from
time the
to
time
to
fix
as
it may
think
fit.
56.
If,
at
time of
of
new
any
existing
are
place by
a
the
are
creation
at
a
augmentation of capitaltaking shares of the shares, the then existing

of
such
shares
at
to
premium,
subscribe
new
company nominal
for
shares.
premium value thereof, then, so Special Ordinance, the sum

amount
as
or
greater
it raised
actual
value
than
the the
unless
to
is otherwise shall be the

to
same
provided by
into
to
be
divided
be
shares
of such among by them then made
will
allow conveniently in and such
the
then
shareholders
in the
proportion
new
the
apportioned existingshares held

be
respectively ;
letter under
to
shares
shall
offered
to
the
shareholders
by
and such offer proportion aforesaid, the hand of the secretary given to or shareholder
or
shall
sent
^be
by
the
post, addressed
shareholders' Dealing with
new
each
according to
or
his
address
in
address
said
new
book,
shares
left at his usual shall

same
last
place of
to
abode.
holders shareto
57.
The who
vest
in
and
the
belong
value may month
the
shares.
company the company
accept may and at the time

; and
the
by
the
pay instalments
and
thereof
be after
the
which
one
fixed
by
if
any
shareholder
for fails,
such
offer of
for in such
shares, to accept the same respect thereof,it shall be lawful

new manner as
and pay the instalments called for the company to disposeof
shares in such
it may
deem
most
for
the
advantage
of the company.
Case ing of existshares not
58.
company amount, company
If, at
the
are
the
time of
of
new
any
being at a premium.
placeby
creation
not at
a
such augmentation of capitaltaking shares, the then existing shares of the then such
manner new
premium,
issued fit.
shares
and
may
be
in such
and
on
be of such may such terms, as the
may
think
Consolidation
Power to consolidate shares stock. into
of
Shares
into
Stock.
time
to
59.
consent
It shall be lawful of
or
three-fifths
at
of
for the company the votes of
from
the of
time, with present

held has
the in in
shareholders
the that company,
by proxy general meeting person any the Colony or due for notice elsewhere,when given, to
Ah convert
or
consolidate
this page,
all
or
any
to
part
s.
purpose of the shares
been then
to the enactments
on
see
the note
6,
A.D.
1846.]
the
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
55
in existing
capitalof
the
the
whole
to
money
subscribed
has
he divided
amongst
the and in respect whereof company, been in stock, a general capital paid up, sliareholders according to their respective
interests therein.
60.^
all the
"
(1.) After
such
conversion
or
consolidation
the shall
has
taken
place. Right
which into
to
fer
same,
of
in this or provisions contained of the require or imply that the capital
SpecialOrdinance
be divided
g[oJ*"to"tran
company
shares of any
so
fixed
amount
and may
no
as distinguished by numbers, shall,
much
of the
as capital
have
been
so
converted
the
or
consolidated of such
into stock
stock, cease
and
be of
and effect,
several
holders
interests therein, or respective any may and in the same manner subject to the same parts of such interests, as or accordingto which any shares in the regulationsand provisions of of the company capital might be transferred under the provisions this or the SpecialOrdinance. book shall cause an (2.)The company entry to be made, in some
thenceforth
transfer
their
to be
kept
for that
purpose, may
amount
of every any is
such
sum
and transfer,
not
for every
such
entry the company

amount,
dollar.
or,
demand
if
no
a prescribed,
exceeding the prescribed not sum exceeding one

the
of the Register of
6 1
.
The
several with
to
"
company partieswho in
shall from
time
to
time
cause
names
as
the amount
such stock be interested in any may of the interest therein possessedby them book
to
aforesaid, Consolidated
stock respectively,
be entered The
be
of
kept
for
the
Register of
accessible stock
or
Holders
at
Consolidated
times
shall be shares
all reasonable
and to be called purpose, and such book Stock ; the several holders of to
"
in the
undertaking.
of such stock shall be entitled to
62.
in the of their
The
several
holders
participate Rights of
the
amount
dividends
and
of the profits in such
company, and
according to
such
piopnetors
dividends and
interests stock, respective holders thereof the on thereof, confer proportion to the amount the for and the same advantages, purpose respectively privileges the for for of voting at qualification meetings of the company, office of and directors, for other
interests
in shall,
profits.
purposes,
as
would
have been
;
conferred
so
by
none
shares of
of
such
the
dividends
equal amount or privileges and of profits
in the
of the company capital advantages, except the
but
that
the
of
company,
shall
be
cimferred
as
in participation by any
aliquot part of such amount if existingin shares, have respectively.

63.
tions in All of the the money and
consolidated such
stock
would
not,
conferred
privilegesor
whether
advantages by subscrip-Application of
raised
or
by
the
company,
shareholders
tlie costs and
by
loan
paying
Ordinance
expenses incident all expenses into
capital. first, otherwise, shall be applied, or in obtaining the Special incurred in carrying and, secondly, thereto,
the purposes General
of the company
execution.
Meetings of Company,
first
and
Exercise
of Right of
of
time
Voting hy Shareholders.
64.
company
^
"
(1.)The
shall be
held
general meeting of the shareholders within the prescribed time, or, if no

on
the
is
Ordinary
^^^^
As
to the enactments
this page,
see
the note
to
s,
6.
56
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1846.
nance, OrdiSpecial prescribed general meetings of February in the months and, if no periodsare prescribed, periods, stated and August such other be in each at as or periods may year, appointed for that purpose by an order of a generalmeeting. (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 prescribedplace,if any, and, if then at no some place to be appointed by the place is prescribed, within prescribed, and the four
months
after
the
passing
of
the
future
shall be
held at the
"
directors.
Business meeting.
at
65.^ No
matters, except
to
such
at
as an
may
ordinary
Special
at
Ordinance
be
done
appointed by this ordinary meeting, shall be

matters
be
or
the
acted trans-
been Extraordinary
general
meetings.
meeting, unless special notice of such any such advertisement in the given convening such meeting.
has
dinary Every general meeting of the shareholders, other than an ormeeting, shall be called an extraordinarymeeting," and such meetings may be convened by the directors at such times as they may
66.
"
think
Business
at
fit.
No
67.
set
extraordinary meeting
in the notice upon whicn
shall it has
enter
extraordinary
meeting.
Power to shareholders
to
forth
been
upon any convened.
business
not
68.
where
"
require extraordinary meeting to be

held.
(1.)It shall be lawful holding in the aggregate

the number
for
the
shares
or
to
of shareholders prescribednumber the prescribed amount, or, of

the shares is not scribed, premore
of be
not
shareholders for
amount
or
it shall in the
lawful
twenty
shareholders, holding
aggregate
less than their
one-tenth
of
capitalof
the
pany, com-
to hands, at any time require the directors to call an extraordinary meeting of the company. shall fully the objectof the meeting (2.)Such requisition express requiredto be called,and shall be left at the office of the company, left at their last or usual places or or given to at least three directors,
by writing
under
of abode.
(3.)Forthwith
shall
convene
a
upon
the
receiptof
of the
such
the requisition,
directors
if,for twentyone days after such notice, the directors fail to call such meeting, the of shareholders, as prescribed number, or such other number aforesaid, call such as aforesaid, qualified meeting by giving fourteen days' may general meeting
and shareholders,
publicnotice
Notice
of
thereof.
69.
Fourteen
days' public
notice
at
the
least
of
meetings.
every
general
meeting, whether ordinary or extraordinary, shall be given by shall specifythe place,the day, and the hour advertisement, which of meeting ; and notice of an extraordinarymeeting, or of an every
ordinary meeting, if any other business than the business hereby or by the Special Ordinance appointed for ordinary meetings is to be done which the thereat, shall specifythe purpose for meeting is
called.
Quorum general
for
meeting.
70. (1.)In order to constitute a general meeting (whether orthere shall be present, either personally (Hnary or extraordinary) or if is by proxy, the prescribed t hen and, no prescribed, quorum, quorum 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.
the
1846.]
capitalof
COMPANIES'
CLAUSES
AND
POWERS.
[No. 1.
tl
for every unless such
and the company, huniired five pounrlsof
less than one not being in number such requiredproportion of capital, than
number
would
be
more
twenty, in wliich
of the
shareholders,holding not
company, shall be the within said
one
less than
one-twentieth the
the time
no
case twenty capitalof the
(2.)If,
meeting,
at
quorum. hour
from
appointed for
business
a
the the
meeting
of
the
case
quorum other
is not than the
present,
shall
such any be acted trans-
of declaring
;
that
is
one
objectsof
of
a
meeting
the
but
such
of
except in the
meeting
to
for
election
dividend, in case meeting shall, after directors,herein-
mentioned, be
71/
held
be
adjourned sine
other the
die.
of the
At every general meeting one or as chairman, that is to say, preside chairman or, in his absence, the deputy and the chairman deputy chairman, some shall Company absence
to
tbllovving persons
of the in
Cliainnaii
;it
chairman
or,
directors,general
of the the of in
meeting.
if any,
one
the
absence
of the and
the
directors
or,
be
chosen
for
that
of the chairman
and
by purpose deputy chairman

purpose
meeting,
of all the
a
directors,
the
be chosen for that shareholder to any shareholders present at such meeting.
by
majority of
72.
the
"
(1.) The
shareholders
of the such
present
powers has
proceed in the
matters
execution
at general meeting shall any with of the company respect to
Transaction business
at
of and
meeting,
for which
meeting
lêen
convened,
and
those time
at
only.
and any the
adjournment.
(2.)Every such meeting may be adjourned from time to shall be transacted business place to place; and no unfinished business left than the other adjourned meeting took which such from place. adjournment meeting
from shall shareholder At any generalmeeting every according to the prescribedscale of voting,and for shareholder shall have vote one prescribed, every
at
73.
be where
entitled
no
to
Votes
of
vote
scale
shareholders.
is
to
ten, and
first
ten
he shall have shares held
an
additional him up to him
vote
one
for every
share every up five shares beyond

an
the
vote
by
hundred,
the
and
additional shares
at
:
for every ten shares Provided always that no unless he has him.
held
by
beyond
shall
first hundred
to vote
shareholder
all the
l)e entitled
meeting
paid
calls then
due
upon
the
shares
any held
by
may being shareholders,authorized

"
74.
(1.)The
in
votes
be
or given either personally by writing,accordingto the
by proxies,Mode
Form
to
of
No. the
voting.
Schedule
:
contained
such
the the
Schedule hand is
a
to
effect,under
of the
Ordinance, or in a form shareholder nominating such

this
like
or,
Form
No.
5.
then under its common corporation, mined general meeting shall be deter(2.)Every propositionat any of the of votes the parties present, including by majority not of the meeting being entitled to vote only as proxies,the chairman if is there and but have an to a equality castingvote, a principal proxy,
shareholder
proxy, seal.
if
of votes.
75.
No
person
the
shall
be
entitled
proxy
has
to
vote
as
proxy
to
unless the
the
tary secre-
instrument within
appointing
such
bee if
no
transmitted
as Eegiilations to proxies.
less than
prescribedperiod, or, hours before the forty-eight

which
such proxy
on
time used.
not period is prescribed, appointed for holding the
meeting at
^
is to be
As
to the
eaaotments
this page,
see
the note
to
s.
6.
58
No.
1.]
If
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
Votes
of
joiiit
sliareholders.
jointly entitled to a share, the person of the of shareholders as one register holders share of such for the purpose of voting at any general shall, the sole proprietor thereof, and on all occasions meeting, be deemed the vote of such first-named shareholder,either in person or by proxy, shall be allowed the vote in respect of such as proof of share, without
76.^ several
whose
name
stands
persons first in
are
the
the
Votes minors. of and
concurrence
of any
the
other holders
is
a
thereof
lunatic
or
77.
may
If
vote
shareholder
his
vote
lunatic
or
lunatics
by
vote
committee
idiot, such or curator, and if any

any person
one
or
idiot is
a
shareholder
minor, he may
every
Evidence of
by
be in
his
such
may
guardian or given either in

or
of
his
guardians,and
by
proxy.
proceeding having been

carried
by
requisite majority.
of any SpecialOrdinance the consent is required in particularmajority general meeting any order such of the to authorize particular proceeding any company, of a poll majority shall only be required to be proved in the event demanded such such is if not at demanded, meeting ; and, being poll the resolution then a declaration that authorizing by the chairman 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 without of number the or proceeding, proportion of votes proof
78.
Whenever
this
the
at
of
votes
recorded
in favour
of
or
against
the
same.
Ap20ointmentand
Number
directors. Increase reduction number directors.
or
Rotation
of
Directors.
of
79. 80.
The
Where
or
number
of directors shall be the
number. prescribed
to
the reduce
of of
increase the
is authorized by the SpecialOrdinance company the number of the directors, it shall be lawful
for
time to time in general meeting, after from due notice company for that purpose, to of the directors the number increase or reduce within the of order the and determine to prescribedlimits,if
any,
rotation
in
which what
such
reduced
shall
or
a
increased quorum
at
number
shall
go
out
of
and office,
Election directors. of
number
be
their meetings.
81.
unless
"
(1.)The
directors be held been
appointed by
the
SpecialOrdinance
in
shall,
the first the holders sharein office
therebyotherwise
to
provided, continue
office that
until in
ordinary meeting
Special Ordinance
the of the the
has
in the year next after passed ; and at such
which the
meeting
continue
or present, personally
by
the
proxy,
may
either
directors
appointed by
elect
not
a
them,
or
may
placesof
At (2.)
those
number Special Ordinance, or any of directors to new or supply body directors, continued in office, the directors appointed by
members of such
new
SpecialOrdinance
shareholders
being eligible as
body.
the first ordinarymeeting to be held
the
to
present, personallyor
by
in every year thereafter, shall elect persons proxy,
supply
to
the
the
at
elected
nor
places of the directors then retiring from office, ably agreethe several provisions hereinafter contained persons ; and such meeting, being neither removed, nor disqualified, any
continue
to
having resigned,shall
in their
be
directors
until
others
are
elected
Continuance
of
stead,as hereinafter
mentioned.
an
82.
take
existing
on
directors
If, at any meeting at which place, the prescribed quorum

Ah
to the
election
of
directors
within
ought
one
to
is not
present
to
s.
hour
enactments
on
this page,
see
the note
6.
60
No.
1.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846-
first
ordinary meeting
if
no
in
number, and, directors, being those

out
bed
of
number
have
every is
subsequent year the presold one-third of the prescribed,

shall longest in office, like in manner supplied go
;
who
been be
and office,
their
places
at
shall
so
but, nevertheless,every
reelected
re-election
director
any
retiringfrom
future
the
immediately,or
with shall,
as a new
reference Director directors of

case
to
:
time, going out

number
office may be and after such
by rotation,
if the
not
be
considered
three and
Provided,
some
always that,
prescribed number by
as
of
is
divisible
the
number
directors determine
to
retire is not number of
prescribed,
of
the directors shall in each
what
out
directors,
that the
nearly one-third
number any If director
act
as
a
as
may
out
whole
of Filling occasional vacancies among directors.
shall go
go of office in three years.

or
be, shall
so office,
86.^
other the his the
dies
resigns, or
ceases
becomes
to
incompetent to
cause
director, or
be
director
or disqualified by any
going out of office by rotation as aforesaid, elect in to do remaining directors, if they think proper so, may director shareholder be other to a ; and duly qualified place some
than
that of shareholder
as
a
so
elected
so
to
fill up
as
office have
director elected
long only
have
been
would
shall continue in any such vacancy the whose he in place person may entitled if he had been to continue
remained
in office.
Powers
of Directors,and
in
Powers
of Company,
Meeting.
management
to be
exercised
only
General
the
General of powers directors.
87.
of the the
The
directors shall have

of the company,
affairs
and-
they
of the company, except as to powers the du'ected this or Special Ordinance by
may such
to
superintendence lawfully exercise all

matters
as
and
may
be
be
so
transacted
to
by
generalmeeting
shall be this and shall exercised the
of the
company in accordance
; but
all the and the
powers
be
exercised
with
and
subject to
exercise of
the
provisionsof
Special Ordniance, powers subject also to the control and regulationof any general but not for the purpose, to render convened so as meeting specially resolution directors invalid any done the to act passed prior by any such meeting. by general
be
Reservation of povpers, to be exercised only in
all such
88. Except as followingpowers

removal of the
otherwise of the
provided by
that
as
the is
to
Special Ordinance,
say,
the and the the
company,
the
choice and
general meeting.
directors, except
hereinbefore number where
mentioned,
authorized
increasing or
the remuneration
reducing
the the
to
of
their of
by
Special Ordinance,
the
the
choice
of
as
to as auditors, the determination directors,auditors, treasurer, and secretary, amount

as
determination
the declaration of the of
the
of the be
money exercised
to
be of
borrowed
on
mortgage,
determination
to
augmentation
and capital,
a
dividends,
shall
only
at
general
meeting
company.
Proceedings and
of Sleetings directors.
Liabilities hold
of Directors.
at
89.
may
think
^
"
(1.)The
from
directors
shall and
meetings
such
times
a"i
as
appoint
proper
for the
purpose, time to time

on
they may meet and adjourn and from place to place.

see
they they
As to the enactments
this page,
the note to
s.
6.
A.D.
1846.]
(2.)At
COMPANIES'
CLAUSES the
AND
POWERS.
[No.
require
1.
61
secretary
be
any to call
time
a
any
two
of
directors
of the
may
the
meeting
to
of the
a
directors.
(3.) In order
present
at
constitute
meeting
directors,there
if
no
shall is prescribed,
least
the
prescribed quorum,
at
and,
quorum
there
shall be
present
of
least one-third
of
the directors.
(4.) All
questionsat
of of
votes
majority equal division

addition
to
the
such meeting shall be determined any of the directors present^ and, in case chairman the shall
by
an
votes,
as one
the of
have
casting vote,
in
his vote
directors.
Election chairman directors if thought of of of and
(1.)At the first meeting of directors held after the passingof SpecialOrdinance, and at the first meeting of the directors held annual after each appointment of directors,the directors present at
90.*
"
the
fit,
such
meeting
think
same
shall for
choose the
one
of
the
directors
to
act
as
chairman shall
deputy
chairman.
of the
if
directors
year
another
following such
director
to
choice, and
act
as
also,
they
choose fit,
deputy
chairman
for the
period,
or deputy chairman, if any, dies,or resigns, becomes otherwise to act, the or disqualified directoi*, of such after the occurrence present at the meeting next
(2.)If
or ceases
the
chairman
to
be
directors
vacancy
shall choose
some
other
or
of the
directors
to
fill such
so
(3.)Every place
if such
such be
chairman
aforesaid shall continue he

may
so
in office
so
deputy chairman long only as

have
or
vacancy. elected as last
the
elected
would
been
in whose person entitled to continue

not
removal, death, resignation,
had disqualification
pened. hap-
91.
If
at
any
meeting
of
the
directors
neither
directors
the
chairman
nor some
Choosing of
occasional
the deputy chairman, if any, is present, the of such of their number to be chairman one
shall choose
chakman,
meeting.
absence
of
man. regular chair-
for the directors to appoint one or more 92. It shall be lawful think of directors as they may committees, consistmg of such number within the prescribed limits,if any ; and grant to such they may fit, committees
to relating
Power
to
dii'ectors to
appoint
mittees. com-
respectively power
the
on
behalf
of the
do,
and
which
affairs of the company they may from time
which
to
company the directors proper
to
do
any
acts
could
to
lawfully
to
time
think
entrust
them.
93.
from the
committee
may
meet
from
time
to
time, and
for
no
as they may think placeto place, of their appointment ; purposes
proper and
adjourn may carrying into effect

committee shall
Proceedingsof
committee.
such
at
a
exercise there is
a
the powers
to at
entrusted
be all fixed
to
them
that
except
or,
present the prescribed quorum,

for
if
then
quorum
directors ; and
of the members
man
meetings
be
in
of
purpose the committee

; and
meeting at which is prescribed, no quorum body of by the genei-al

one
of
the all
members
present shall be appointed chairman

committee shall
all
questions at
meetings
of
determined of
an
present, and
a
case
by a majority of votes equal division of votes, the

to
the
of
chau--
shall have
castingvote
in addition
his vote
as
member
the committee.
94.
make
The
power
which
well
as
contracts, as
^
may the
be power
granted
to such committee of Exercise to any of P'^^^"' of the directors to make contracts,
As
to the enactments
on
this page,
see
the note
to
s.
6.
62
No.
1.]
behalf
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1846.
as
making
on
tracts con-
on
of the company,
may
lawfullybe
exercised
follows,that
is
behalf company.
of
to
say,
"
(1.) With
persons, behalf the
same
respect
would
of the
to
by
any law
or
contract
which,
may
if made Ije in make
between
such
common
private
under
on
be
the in
required to
directors
writing,and
the
seal,such
committee
contract
company,
;
company and in the
writing and
same manner
under
may
seal
of
vary
or
dischargethe
(2.) With
respect
would
persons, the partiesto directors may
to any contract between which, if made private and signedby by law be requiredto be in writing, be charged therewith, then such the committee or
make
such
contract
or
on
})ehalf of the
two
company
or
in
writing, signedby such and of the directors, two

the
same
committee in the
same
any
manner
of may
them,
vary
or
by any discharge private only and

may
(3.)With
persons,
not
respect
would into
to
by
contract which, if made between any law be valid,although made by parol
reduced
such
writing,such
on
committee of the
or
the
directors
make without
contract
behalf
same
company may
and writing,
; and contracts
in the
manner
by parol only, or discharge vary

contained
company
the
same
(4.)All
and
made
accordingto
law,
and and all
the
shall be effectual in its successors,

or
shall be
herein provisions the binding upon
other
executors,
default
or
administrators,as
parties thereto, their heirs, the case be, and, on any may
in the execution other
any either
by
or
of any such contract, either by the company be brought, party thereto,such actions or suits may the be as against might brought if the same company,
contracts
had
been
made
between
privatepersons
only.
Recording of proceedings of
company, and effect thereof evidence.
as
etc.,
the shall cause as notes, minutes, or copies, made into entered contracts or by appointments may of all meetings of the the directors, and of the orders and proceedings and of the directors or committees of directors,to be duly company, time time to be from to entered in books provided for the purpose, the superintendenceof the directors, and which shall be kept under of such meeting. every such entry shall be signedby the chairman in (2.)Every such entry so signed shall be received as evidence all Courts, and before all Judges, Justices, and others, without proof of such respective or held, or of meetings having been duly coQvened holders the persons being sharemaking or entering such orders or proceedings of committee of the directors members or or or respectively, signature of the chairman, or of the fact of his having been chairman, shall be presumed until the contrary matters last-mentioned all of which is proved.
95.^
"
(1.) The
directors all
case
require,of
of Validity
acts
96.
All
acts
done
of not-
of directors, or
directors defect etc. in
by any by any
afterwards
meeting
person
of
the
as
acting
discovered
of a or directors, shall a director,
mittee com-
withstanding notsome
withstandingit
defect in the
may
be
that
or
there persons
was
appointment,
aforesaid, or
valid
to
as
that
appointment of they or any

such person
any such of them
if every
had
acting as be as disqualified, and Ijeen duly appointed was qualified

directors
or
were
was
be
1
director.
to the enactments
on
As
this page,
see
the note
to
s.
6.
A.D.
97.^
1846.]
"
COMPANIES'
CLAUSES
AND
POWERS,
[No.
in of
1.
his
Exclusion of
63
(1.)No
director,by being
any
contract
or
party
to
or
executing
on
capacity of director
other
instrument
behalf
the
personal
of liability
on
otherwise or company, the directors, shall be
liable other
reason
lawfullyexecuting any of the powers given to directors contracts vidually either indisubject to be sued or prosecuted, made ever whomsowith other directors,by any person or collectively behalf of shall not be company. and the bodies,or goods,or lands of the directors of any contract or of any legal process by i-eason to execution them executed or entered into, signed, instrument by or so by of any other lawful act done by them in the execution of any
on
of their be
for
powers (2.)The
as
directors.
of the
directors, their heirs, executors, and

out
indemnified
or
capitalof
in
the of
company any
acts
shall administrators, for all payments
made
incurred liability
respect
which
done
incur
by them,
in the
and
cution exe-
all
losses,costs,
and
of the powers of the company being

company for the
they may damages granted to them ; and the directors for the time of the apply the existing funds and capital may
if necessary indemnity, and may, if any. unpaid, remaining capital
for that
purpose,
of such purpose make calls of the
Appointmeiitand
98."
to
Duties
of Auditors.
auditors the company
are
be
Ordinance (1.)Except where by the Special appointed otherwise than by the company,
directed
at shall,
Election tenure of office of auditors.
and
the
first
ordinary meeting
after of
the
elect the
prescribednumber
two
passing of the auditors, and, if
SpecialOrdinance,
no
number
is prescribed,
is provided for the election .of as auditors,in like manner in each directors ; and, at the first ordinary meeting of the company elect an auditor to the company shall in like manner year thereafter, from office according to supply the place of the auditor then retiring
the
hereinafter contained. provision being neither (2.)Every auditor elected as hei'einbefore pi*ovided, to be an shall continue nor removed, nor disqualified, having resigned, auditor 99.
until another
no
is elected in his stead. other is prescribed by qualification shall have any

at
Where and
the
the
Special Qualification
taking, underof auditor.
Ordinance, every auditor

he shall
not
least
one
.share company,
in
or
hold
office in
the
be in any
other
manner
interested
of the
in its concerns,
except
as
shareholder.
100.
One
auditors
(to be detennined
in the first instance
by
Rotation auditors.
of
ballot between
themselves, unless
go
out
shall by seniority),
after
agree, of office at the first ordinarymeeting in each
they otherwise
and
afterwards
and year ; but the auditor so going out shall be immediately re-eligible, of office out with the to re-election such shall, going respect any
deemed vacancy
a new
by rotation,be
101.
If any
auditor.
takes
placeamong
the auditoi's in
the
course
Vacancies among auditors.
of the current
may, vacancy shareholders.
the of the company, year, then at any general meeting if the company thinks fit, be suppliedby election of the
102. The provisionof this Ordinance respectingthe failure of an ordinarymeeting at which directors ought to be chosen, shall mutatis rmitandis, apply to any ordinarymeeting at which an auditor ought to be appointed.
^
Failure
of
meeting for appomtment

of auditor.
As to the enactments
on
this page,
see
the note
to h. 6.
64
No.
1.]
The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846-
Deliveryof
acconiits auditors.
to
103.^ other be
directors
shall deliver to
and balance
the
sheet
auditors
fourteen
accounts periodical
before the
ensuingordinarymeeting at which hereinafter as produced to the shareholders,

be the duty of other or half-yearly required to be presented to the
or half-yearly days at the least the same are requiredto provided.
the
Duty
of
104. sheet
the
It
shall
the
auditors
to
receive
from
the
auditors.
directors
accounts periodical
and
to
balance examine
the
shareholders, and
same.
Powers auditors.
of
105.
and company,
accounts
It shall be
lawful
for the auditors
to
employ
at
such
accountants
other
as they may think persons and they shall either make or
proper,
a
the
expense
on
of the
the said
specialreport
such
at directors,
simply confirm
the
same,
and
report for confirmation

the
shall be
with the report of read, together
the
ordinary
meeting.
of Officers of Company. Accountability
Taking of securityfrom
officer entrusted moneys. of Liability officer to when account with
106.
moneys,
enters
Before whether
any
person
entrusted
with
the
custody
or
control
of
him
upon for the faithful
other officer of the company, or treasurer, collector, his office, the directors shall take sufficient security from
execution
of his.office.
required by
directors.
shall from time (1.) Every officer employed by the company and deliver to out time, when required by the directors, make for that purpose, true a them, or to any person appointed by them his hand, of all moneys and perfect in writing, under account received
107.
"
to
by
him
on
behalf
of the
(2.)Such
purpose such
to
account
company. shall state have
how,
been
and
to
whom,
and
for what
such
such account,
moneys may such officer shall

; and
disposed of, and

the vouchers pay
to
deliver
together with and receipts for

the directors, or
all balance moneys of such
payments
person may
every
to
such them
officer shall
to
any which
accounts.
appointed by
be
receive him upon
the
same,
appear
owing
from
the
Summarj'
remedy against officer
to failing
same
108.
"
(1.)If
and his
produce
in thereunto he
any deliver
such up
officer fails all the vouchers
to
render and
such
account,
or
to
to the receiptsrelating
account.
to or possession or power, for three days or if, required,
thereof when pay the balance after being thereunto required, any person
them
fails to deliver up to the directors to or all books, papers, to receive the same, and
or or
appointed by
writings, property, eftects,

Ordinance
matters,
things in
the
his
possessionor
of this
therewith,
SpecialOrdinance, or belonging to the company,

a
power of any shall time
tion relatingto the execuincorporated then, on complaint thereof summon
being
made
to
Justice,such
or more
answer
Justice
at
a
such
officer to
set
before two appear in such summons,
Justices such of
was
and
place to
in his
be
forth
to
charge.
such
(2.) On the proof that such

at
appearance
summons
officer, or,
Justices
absence,
or
on
personallyserved
such
his last known the

matter
place
in
a
of
abode,
him upon and hear may
left
mine deterthe
fession con-
balance
and adjust and declare way, may such officer and if the it either upon owing by ; appears, of such officer, or evidence, or upon inspectionof upon summary
enactments
on
the
As
to the
this page,
see
the note
to
s.
6.
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
65
hands in the of such of the company are moneys such such order Justices the liim to or owing by may company, be it if fails the shall he to officer to pay the same amount, and, ; pay to warrant Justices lawful for such to grant a by levy the same
account, that
officer
any
distress, or,
to
in default
thereof,to
a
commit
the
offender
to
thei-e prison,
remain
same
without is If
or sooner
bail for
periodnot
refuses
to to
exceeding two
make
months, unless
the
paid.
such officer
to out
109.^
writin'f
"'
any
to
such the
account
in
Punishment "f officer
produce and
^,
.
deliver
or
the Justices
deliver
or
11-
several
11
vouchers
and
receipts relating thereto,
refusing to
deliver up
uji
writings, property, effects, matters, such belongingto the company, power

such
offender
to
things in
he
books, papers, any his possession or
documents,
etc.
Justices
until
prison,there
to
remain
may has
lawfully commit
delivered
power papers, up all
if any, in his the vouchers and receipts, and has delivered up such accounts, to
matters property, effects,
possessionor
all
relating
writings,
power
books,
and
if things,
any,
in his
or possession,
Provided : always that if any director or belonging to the company makes oath that he has other person acting on behalf of the company his information, be in stated to to believe, grounds good reason upon
and
to
does
believe, that
it shall be
it is the lawful of
intention for the
abscond, is laid,instead
of any such officer whom before Justice

to
as
aforesaid
the
mation inforfor
; but
issuing his
summons, two
issue
as
his warrant
aforesaid
the
no
bringing of such
officer before
such
Justices
shall executing such warrant person without than hours, twenty-four longer it shall be
keep such officer in custody before some bringing him

before whom such officer
Justice ; and
be
lawful
for the Justice
if he thinks there is brought, either to dischargesuch officer, may such officer to be to order sufficient ground for his detention, or no 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

to
answer
Justice, for his appearance

the company.
before
such
Justices
the
No
complaint of
such officer proceeding againstor dealing w4th anv which the of shall deprive aforesaid they remedy as any company or againstany surety of such might otherwise have againstsufh officer,
110.
such
Saving of
"lînst defaulting officer

'ind his
officer.
surety.
Keeping of Accounts,
The directors shall received
and
Right of Inspectionthereof by
full and be
Shareholders.
Ill,
all the
sums
cause
or
true
accounts
to
kept
of
Keeping of
"
of money and directors and

or
matters
all persons things for which
expended on employed by
such
sums
account
or
of the
under money
company them, and of may
by
the
been
'_^'^'"^^"^,
of
have
received 112.
"
disbursed
and
paid.
at
shall be balanced (1.)The books of the company fourteen if no are prescribed, periods and, periods, prescribed least before each ordinarymeeting. exact the l)ooks being so balanced, an on (2.)Forthwith sheet shall be made
up, which shall exhibit of
a
the
at
Balancing of
books.
days
balance of the
true
statement
capital stock, credits,and

^
property
see
every
descriptionbelonging
s.
As
to the enactments
on
this page,
the note to
6.
66
No.
to
1.]
THE
LA
WS
OF
BRITISH the
of
GUIANA
[A.D. 1846.
at
the company,
such has arisen
and
the
debts
due
a
by
company
of the
the
date
or
of
loss
making
which of the such
balance
on
sheet,and
the and
distinct
view the
profit
transactions
precedinghalf-year ;
balance
sheet shall be
examined
of their number, and shall be of the directors.

Right
books spection of inof and accounts
as
previouslyto by the directors,or any signedby the chairman or deputy

with such balance
in the course company each ordinary meeting three man chair-
113.^
The
books
so
balanced, together
the
sheet
by
shareholders.
and, if no periods are prescribedperiods, for fourteen days previous to each ordinary meeting and prescribed, of the shareholders month for one thereafter, be open for the inspection in the office or at the principal place of business of the company, shall be entitled at any not Colony or elsewhere ; but the shareholders of the inspection to demand time, except during the periodsaforesaid, of the three of written order such books, except in virtue a signed by aforesaid, shall, for
directors.
Production balance at
of
114.
such
The
directors shall
the
produce to
said balance
the
shareholders
assembled the
of
at
sheet
ordinal^
meeting.
ordinarymeeting immediately precedingsuch meeting, together with auditors thereon, as hereinbefore provided.
115.
accounts
"
to sheet,applicable
period
the
the report
Appointment
of bookenter to
(1.)The
directors shall
to
keeper, such
accounts,
aforesaid in books
be
etc.
book-keepershall permit any time reasonable therefrom take at copies of or extracts any and, if no periodsare prescribed, during periods, during the prescribed before and one month after every ordinarymeeting. one fortnight (2.) If the book-keeper fails to permit any such shareholder to therefrom during the inspectsuch books or take copiesof or extracts holder periodsaforesaid, he shall for every such offence forfeit to such sharedollars. not exceedingtwenty-four a sum
and
to
appoint a book-keeper to enter the providedfor the purpose ; and every shareholder to inspect such books,
Annual account abstract in of
116.
abstract
of all
The
to
shall in every annual an cause company year and total receipts he prepared,showing the levied
account
in
receiptsand pajTnents.
funds
the year
and
ending the day in each

and
by virtue of thirty-first day

year, under
a
this of
or
the
expenditure for Special Ordinance

or
December,
balance
or some
some
other of
venient con-
the
several
distinct
heads
receipt
expenditure, with
certified
and of the
statement
of the
of such of
account
duly
audited the
by
said
the
directors,
in
auditors,
copy Counties
a
shall, if required by
account
the
them, and by Governor-in-Council,

of the lastand such
deposit
several mentioned
the
Office Registrar's
through
shall
on
which
the
account
be
open
to
all reasonable
hours,
payment
for every
to
such
or
inspection: Provided
as
prepare of
such
sum
account
if required to deposit, it shall for aforesaid, dollars. ninety-six
railway passes ; the inspectionof the publicat of the sum of twenty-five cents omits that if the company always do so by the Governor-in-Council,
every
such omission forfeit the
Making of
Preparation
of
Dividends.
which
a a
117.
Previously to
to
every
ordinary meeting at
directors shall
cause
dividend
to
is
intended decliirution"of
dividend,
1
be
declared, the
on
scheme
be
As
to the enactments
this page,
see
the
note to
s.
6.
68
No.
by
1.]
All
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
Notice
advertisement.
required by this or the SpecialOrdinance, or by incorporatedtherewith, to l)e given by advertisement any is shall be advertised in the prescribed or, if no newspaper, newspaper be in if the to ceases o r published, a prescribed, prescribed newspaper the i n Colony. circulating newspaper
124.^
notices Ordinance
Authentication of summons, etc.
125.
Every
treasurer
summons,
notice,
or
other be the
such
document
two
requiring
directors,
need may
not
or
authentication
by
or
the
by
the
may company the secretary of of the
signe 1 by
company, and the
and
same
be
in
under
the
common
seal
company,
be
writing,
Proof in etc. of debts 126. bankruptcy, claim
If
or
any demand
the against whom company person becomes bankrupt, or takes the for the
or
may
have
of
any any
benefit
Act for
or
Ordinance
treasurer
relief of
insolvent of the
debtors, it shall be lawful

company, in all
or
the
the secretary
of of such
against
to
the
estate act
sequestrationor
proceedings under bankrupt or insolvent, any fiat, against such bankrupt or insolvent, insolvency
and been
act
represent the company, had such claim or demand

or
in
its behalf
or
in
the
claim
demand
all respects, as if of such treasurer
and secretary,
not
of the company.
Tender amends execution
of for of
or
in irreijularity tlie Ordinance
(1.) If any person has committed trespass, any irregularity, of this or the Special wrongful proceeding in the execution Ordinance, or l)yvirtue of any power or authoritythereby given, and tender if,before action brought in respect thereof,such person makes such last-mentioned to the person of sufficient amends injured, person
127.
"
otlier
shall not
recover no
(2.)If
at
such leave
in any such action. tender has been
made,
such
it shall action
be may
lawful
for the
defendant, by
sum
of the
Court
where
be
pending,
into the Registrar'sOffice such to pay any time before issue joined, think fit ; and of money he may as thereupon such proceedings shall be had where in other cases defendants allowed to pay as are money into
the
Office. Registrar's
Recovery of Damages
Ascertainment
and
not
not
providedfor specially
where any
and
of Penalties.
or
128.^
of
'
"
(1.)In
all
cases
damages, costs,
by
the thereof
any
expenses
are
recovery
provided
j^y ^{^jg qj. ^j^g Special Ordinance, or therewith, dii'ected to be paid, and
amount
or
Ordinance
method
is not
for.
amount,
two
in
enforcingthe payment of dispute,shall case

;
incorporated of ascertaining the provided for, such

determined
be
so
ascertained ascertained
the
same,
and
Justices
and,
if the
amount
is not within distress
other or company, after demand, the of the comfiany the whom

or
party
amount
liable may
to
pay
be recovered
liable
as
by
by paid by the seven days of the goods
other
party
have been same by may shall issue their or his them, on application, (2.)If sufficient goods of the company such damages, costs, or to levy any expenses the
same
aforesaid ; and the Justices either of ordered to be paid,or

warrant cannot
accordingly.
be found the whereon company,
payable by
exceed
treasurer
may,
if the
amount
thereof
does
not
ninety-sixdollars,
of
be recovered
by
or
distress of the
goods of
either
the of
the company
distress
and
issue
^
the
Justices his
aforesaid, or
warrant
them,
but
no
on
apphcation,shall
such shall
their
accordingly ;
this page,
see
As
to the enactments
on
the note
to
s.
6.
A.D.
issue notice
1846.]
COMPANIES'
GLAUSES
sucli
AND unless
clue and
or
POWERS.
[No.
1.
69
against the
in been such may
goods of
given
treasurer
so
seven
clays' previous
payment
distress
as
writing,stating the
to such treasurer
amount treasurer
demanding
such and
has thereof,
left at his residence. under
(3.)If
aforesaid,he
and the expenses
pays
any
money
so
retain
the
amount
paid by him,
he
all costs
to
occasioned
company
Company for the
coming
same,
into
thereby,Out of any moneys his custody or or control,
belonging
may
sue
the
in this or the Special where In any case Ordinance, or in Method of ^(i.) of incorporatedtherewith, any question compensation,^gj^jig any Ordinance justice of any of jn question charges,or damages is referred to the determination expenses,
129.^
"
one
Justice
or
of application
before
at
a one
more, either
or
it
shall
to
be
lawful
for the
party,
before
summon
any other
Justice, upon
the
compensiition,
^*'^-
party
case
to
appear
Justice and
two
Justices, as
in such
summons.
the
may absence
require,
of any lawful
lime
placeto be
tlie appearance proof of due
named
service
two
On {"!.)
of such
parties, oi', in
of the
summons,
the
of
them,
on
one
it shall be
case
for such
and
such .Justice, or
as Justices,
the
determine
such
of
costs
or
and question, and every of
for
that
purpose
on
to
be, to hear may such examine

the
or parties, any (3.)The
them,
their witnesses such he
cath. be
in
of such Justice thereof. 130.

several
"
Justices, and
inquiryshall or they shall publishthe
discretion the amount
determine
(1.)The
offences
company for which under the
shall
any
short
of particulars under this

or
the
the
or
Publication of
impenalties
penalty is imposed
Ordinance
Ordinance, or Special of under any by-law

of every
on cause
a
any company
therewith, incorporated
other affecting
of
cause
or officers, shareholders,
servants
the
such
penalty; and
shall paper
company, such to be particulars
the persons than of the amount and
painted
board, or printed upon such board to be hung

are
and
or
affixed
on
to
some
of the
up principal placeof business of local
affixed
board, and shall conspicuous part

any such
to
of the
company,
cause
and, where
boards
in
penalties neighbourhood to which some conspicuousplace in the immediate and such particulars have such penalties or are reference, applicable
shall be renewed
as
shall application,
such
be affixed
often
as
the
same
or
any
part thereof
it has
are
or
is
obliterated
destroyed. No such penaltyshall be recoverable unless (2.) hereinbefore in the manner and kept published
or
been
lished pub-
required.
put up
or
131.
Ordinance
If any
person
pulls
down the
or
as affixed,
by-law or
required by this or therewith,for the incorporated obliterates or penalty, any of the

forfeit a offence every such shall defray the expenses
injures any board Special Ordinance,

purpose letters
sum
or
Penalty for
of
or
by any publishingany thereon, figures

restoration of
Jgg'^""!? p"û.
cation of
penalties.
he shall for
such board.
not
exceeding twenty-
and four dollars,
attendingthe
Every penaltyor forfeiture imposed by this or the Special Procedure therewith, or by any by- *P1'"^ incorporated Ordinance, or by any Ordinance
132.
"
and
law
made
in pursuance
thereof,the recovery
recovered
of which
is not
otherwise
two
providedfor,may
'
be
by
see
summary
the note
to
proceedingsbefore
a.
As VOL,
to the enactments I.
on
thds page,
6.
Â
to
No.
1.]
;
THE and the
LAWS
OF
for
BRITISH
GUIANA
[A.D.
1846.
Justices
See
laws
the
time
being
in
force
regulatingproof their summary
Ordi-
cedure
before
Magistratesin the exercise Stipendiary
ZT^lli'ând''^ includingthe jurisdiction,

No. 13
of
1893.
right of and the procedure on appeal from of Stipendiary Magistrates,shall apply in respect of the decisions of the case to meet with the modifications such proceedings, necessary the jurisdiction hereby conferred upon two Justices.
133.^
and person this or It shall be lawful for called all persons have who may
Apprehension
of offenders who
are
by
him
officer or agent of the company, any detain to his assistance, to seize and any
unknown.
of against the provisions any offence with, thereOrdinance of the Special incorporated Ordinance, or any officer or unknown to such and residence are and whose name
committed all convenient
or
with him agent, and to convey without warrant Justice, any
despatch
than
before
this
or
some
other shall
authority
the
the
SpecialOrdinance despatch to
offender.
the
; and
such
Justice
proceed with
all convenient
hearing and determining of
complaint against such
Provision
to
he made
Access for affording
to
the
Special Ordinance.
Keeping
and
deposit of copies of nance, Special Ordiand
after
after the expirationof six months shall, company office of the Ordinance, keep in its principal passing Special of the of business a printed copy Special Ordinance, and where the is a canal, or other like undertaking, the works
134.1
"
(1.)The
the
undertaking
of which space
are
railway,
confined
right of inspection
thereof.
not
to
one
town
or
shall also, place,
within
the the
of such
six months,
in deposit
the
Office of
the
Registrar for
several Counties
of such
extend a printed of the company the works into which Ordinance. Special copy ively respect(2.)The Registrarshall receive, and he and the company shall retain, the said copies of the Special Ordinance, and shall copies permit all persons interested to inspect the same, and to make thereof
matters
or
extracts
therefrom
on
pain, in
default
of any
pay for
of
the
said
such
and
a sum
of being liable to things,

not
forfeit and
every
offence
dollars. exceedingforty-eight company fails to
(3.)If
such evei'y any offence
the
keep
or
deposit
also
as
hereinbefore
it shall
of the said forfeit afterwards
copiesof the
during
SpecialOrdinance,
such copy
and dollars, ninety-six

which
twenty-four
is
not
vided profor every for dollars

so
day deposited.
kept
or
Purchase
Power
to
of
Lands
by Agreement.
this and the Special Ordinance, it undertaking to agree with the
135.
shall be
owners
Subject to
lawful
the
of provisions
promoters of undertaking to purchase lands by

agreement.
for the
promoters
of the
and with
or
of any lands by the Special Ordinance which be for the required purposes may all
authorized
of such in such
the
parties having SpecialOrdinance

the
absolute such
any
estate
or
interest sell and

a
be taken, to Ordinance, and lands, or by this
enabled
to
transport
think
same,
for
purchase,for
as
consideration
what
such
estates Power
to
or
lands, or
and It
parts thereof
in such lawful such
they may
the or convey of any in money, of all proper, and
interests shall any

133
lands, of
for all
kind
soever,
136.
be
possessed of, partiesbeing seised,

any
estate
or
partiesunder
to disability
entitled to
^
lands,or
note
interest
therein, to
Aa
to
as.
and
134, see the
to
s.
6.
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
sell and ^^^''^'^
71
sell,transport,
to the promoters of the release the same or convey, for that all and into enter to agreements undertaking, necessary of the lawful for all shall be and it or particularly any ; purpose
followingparties so
sell, transport,
aforesaid so to entitled as or seised, possessed, all that is to or release, corporations, say, convey, married seised in their own in tail or for life, women tenants right of lunatics and committees entitled to dower, guai'dians, idiots, or
trustees
or
feoffees
in
trust
for
charitable
or
other
all
purposes,
executors, and
administrators,and
being
lands
entitled
in
or life,
on
to
the
receiptof
subject
themselves
the
to
rents
and
partiesfor profitsof
in
trators, sequesthe time any

to
such
possessionor
behalf
of
any
or
lease for
not
for lives and
years,
for
only
and
dower, or any less interest, years, or any their tors, respectiveheirs, execuestate
administrators,and
every
successors,
but
also
for
or
and
on
behalf
of
them
sole
or
person in defeasance
women,
entitled whether
in of
reversion, remainder,
the
estates
expectancy
as
after
of such
and parties,
to such
were
married and
they are
as
of
wards, and
same
full age, and such to as
to
of full age or not, as if behalf such guardians,on

on
they
of
their and the
committees,
the
behalf
of
the
idiots
lunatics
idiots of whom
extent
as
they are
such the
committees
and respectively,
that to
wives, wards, lunatics, and

same
could the
have
exercised
power
Special Ordinance,
and
on as
if
they
had
respectively the authority of this or under ability, disunder been no respectively
to
such
behalf
istrators, admintrustees, sequestrators, executors, and whether cestuis of their infants, issue trusts, que
unborn,
same
lunatics, femes
as
covert,
que
or
other
persons,
and
that have
to
the
cised exer-
extent
such
cestuis
trusts
could respectively
the
same
Ordinance,
137.
The
powers if they had
authority of this and the Special been under no disability. respectively

under the
lands
or compensation to be paid for any Ascertainment purchase money by valuation of purchased or taken from any party under any disability purchase and to sell and not or transport or convey having power incapacity, money ance, the SpecialOrdinof this or the provisions compensation such lands except under in case of and the compensation to be paid for any permanent damage partiesunder has the same or injury to any such lands, shall not, except where disability. of the determined verdict been or by arbitration, or by by assessors, Justices the under the valuation of a valuator appointed by two determined than be be less hereinafter by contained, provision may shall be of whom able practical the valuation of two valuators, one nominated by the promoters of the undertaking and the other by
to
be
or
the
other party, and, valuation, then by such

the that
or,
annex or
if such
two
valuators any notice to

two
as
cannot two
third valuator
agree Justices
in may,
the
on
applicationof
either
party after
nominated
the
said
other
party for
agree,
nominate purpose, if not, then the

to
; and
each of such
in
valuators,if they
the
valuator
a
by
Justices, shall
the
of the
valuation
correctness
declaration
writing,subscribed
by
them
or thereof ; and all such purchase money compensation shall be depositedin the Registrar'sOffice of Demerara for the benefit of and Essequebo or of Berbice, as the case require, may
him,
in the partiesinterested,
manner
hereinafter
mentioned. entitled
138.
to to
It
shall
be
lawful
for any
his
own
person of
possessedof, or
lands
^^^^[^^1"'^
entitled, lands
be sold
on
dispose of, absolutelyfor

be
benefit, any
the
s:
authorized
to
purchased *"
for the
purposes i^ IT
Special Ordinance
sell may
chief rents.
72
No.
and
1.]
THE
LAWS
OF
BRITISH lands,
in of the
GUIANA
[A.D.
thereof,
an
1846.
to
transport or promoters of the aforesaid,the lands, or for any
convey
such
or
any
part
of
the
rent
undertaking,
to
consideration
annual
charge payable l)ythe promoters

consideration be
undertaking
for the
a
but, exceyjt as
any
paid
purchase of
gross such
sum.
such
damage
done
thereto, shall be in
reserved
the tolls shall
Payment
rents
of
139.
"
(1.)The
shall
to be
on
charged
toUs.
conveyance under the

manner as
be
yearly rents charged on

and
by
or
any
transport
in be
or
rates, if any,
secured
shall
payable
such
SpecialOrdinance, be agreed on may

at
l)e otherwise the
between
as
and parties,
are
by
the
promoters of the undertaking

any
so
such rents
not
become
(2.)If days
either
costs
time become
to
any whom
such
rents
paid payable. paid within thirty

thereof
in
after
they
payable, and
any
after
rent
demand be
writing, the
recover
person
such
the
lawful of the
same
from in
the any
promoters of
Court the of
same
may the
payable may
undertaking, with
or jurisdiction, goods
of
suit, by action
be for
competent
it shall and
him
to
levy
by
distress of the
chattels
promoters of the undertaking.

of the
Power lands
to for
ac-
140.
If
the
promoters
to
undertaking
for under
pureha'ê
additional
Special
shall
Ordinance lawful
purchase lands partieswho,

enabled
or
be
for all
are empowered by the extraordinarypurposes, it hereinbefore the provisions
commodation. contained,
to
would
be
to
sell and
transport
so
or
convey
to
lands,
be chased pur-
sell and for
transport
convey
the
lands
authorized
extraordinarypurposes.
shall be lawful
Authority to
sell and lands.
purchase re-
141.
sell any purposes,
Tt
for the
may
promoters
so
of
the
and of
lands
or
which
such
such
they
have such the
acquired for
undertaking to extraordinary
such
derations, consi-
any and to and fit,
part thereof, in
persons
to
as
manner,
for the
promoters
lands time
undertaking
like purposes, total the of the
may and
think
again
purchase
and
so one
other from
for the
to time
afterwards of land
sell the
to
same,
; but
quantity
l"e held at any purposes
time shall
by
not
the
promoters
the
undertakingfor the quantity.

Restraint
on
aforesaid
exceed
prescribed
from pixrchase under parties disability.
the
undertaking shall not, by virtue of purchase extraordinary purposes, purchase power ability, the than more prescribedquantity from any party under legaldisbe able to sell and would not who transport or convey or of this and the Special Ordinance the powers such lands, except under ; and if the promoters of the undertaking purchase the said quantity afterwards sell and of land from any party under such legal disability, be lawful it shall not the whole or any part of the lands so purchased, the sell to to for any promoters of party being under legaldisability,
142.
The
promoters
of
the
to
lands
for
the of
undertakingany by them.
other
lands
in lieu of
the
land
so
sold
or
disposed
Purchase 143." effe^'t by the
and
Taking of
the
a
Lands
otherwise
than
hy Arjreement.
to
to Capital
be
(1.)Where
means
subscribfd
before of exercise of
of
undertaking is intended capital to be subsciibecl by

estimated be
be
carried
foT-
into
tlie
sum
promotei'sof the
compulsory
undertaking, the
expenses
whole
powers
of the
of the capitalor undertaking shall
defraying
contract
subscribed
under
purchase.
A.D.
1846.]
the
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
73
binding
for the
parties thereto,their
of the several
to
sums
heirs, executors,
and
administrators,
of this
or
payment
by
them
any
subscribed, respectively
of the
powers
before it shall be lawful the
put in force
Ordinance Special Ordinance, or of any in relation to the compulsory taking of lands undertaking.
incorporated therewith,
for the purposes
Great of
the
(2.) A certificate under

or
the
hands the
of two whole of
Justices,in
the
Britain has
in this
that Colony, certifying be sufficient of the may
prescribed sura
on
been
subscribed,shall
of the
evidence
thereof, and
the
the
cation applisuch
promoters
Justices
undertaking,and
think proper
production of
evidence
as
such
and
such sufficient,
Justices
shall grant such
certificate
accordingly.
of the
Notice intention take laiidi of
undertaking require to purchase take any of the lands or which, by this or the Special Ordinance, or authorized to Ordinance by any incorporated therewith, they are all the thereof to parties purchase or take, they shall give notice interested in such lands, or to the parties enabled Ijy this Ordinance
promoters
to
144.
When
the
sell and
as
transport, or
may,
convey,
or
release
the
same, to
or
such
of
the of the
parties
the the
after
and
undertaking ;
particularsof
made
diligentinquiry,be known by such notice shall demand

estate
the from
promoters
such of
parties
their in
and
interest
in
such
lands, and
claims
state
by them respect thereof ; and every such notice shall and that the particularsof the lands so required, the promoters
treat to
of the
as
to
may
undertaking are willing to compensation to be made be sustained by them by reason

the
"
for all
and purchase thereof, that for the damage parties the
of the execution served

in
or
of the works.
(1.) All undertaking upon

lands last
145.
notices tlie be
parties after diligentinquiry be place of abode, if any such can from absent the Colony, or such partiesare found, and, in case any be the also left with after shall cannot be found, diligentinquiry shall be affixed occupierof such lands, or, if there is no such occupier,
or
shall either
requiredto be interested parties served personally on
by the promoters of the entitled to sell any such

left
at
Ser^'ice of notices
o^vners on
and of
such
their
occupiers
lands.
usual
upon shall
some
(2.) If
conspicuous part of such lands. such aggregate, party is a corpoi-ation any

the
such
notice
of such corporation, office of business or principal if no such office can after diligentinquiry be found, shall be served and such notice on some principal member, if any, of such corporation, shall also be left with the occupier of such lands, or, if there is no shall be affixed upon some occupier, conspicuous part of such lands.
be left at
If,for twenty-one days after the service of such notice, any such Provision for where, case such of his claim in respect of any party fails to state the particulars after service in respect of notice, lands, or to treat with the promoters of the undertaking if such or thereof, party and the promoters of the undertaking do not partiesfail to do treat of the compensation to be paid by the proto the amount as moters not agree agree lands belonging to to compensaof the undertaking for the interest in such tion. Ordinance enabled such this the he is by or Special party, or which of be sustained to sell, for any damage that may or by him by reason shall be of such of the works, the amount the execution compensation of disputed settled in the manner hei'einafter provided for settling cases
1 46.
or as
compensation,
74
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
Disputes as
Sattlement
two of Justices
to
the
Compensation,
Arbritrators, Assessors, and

by
as
Appointment of etc., and Valuators.

the this
147.
to
If
no
agreement
the
owners or
is
come
to
between
promoters
Ordinance lands
of
the
dispute
not
undertaking,and
sell and
of,or partiesby
convey,
or
enabled
taken
or
to compensation
transport,
release, any
the
as
exceeding$240.
required for,or
or or
affected injuriously
by
the
execution
to
of, the
of such
taking, underlands in does made
of
any
in such interest any interest therein, or as such
lands,
to
case
the
value
respect thereof,and if in any

not
compensation to be the compensation claimed

same
exceed
two
two
hundred
and
the forty dollars,
shall
be
settled
by
Settlement
arbitration
assessors
Justices.
If the
by
or
148,
two
compensation claimed
or
offered
in any
such
case
exceeds
of
dispute as to compensation exceeding $240.
party claiming compensation by arbitration, and signifiessuch desire before they by notice in writing to the promoters of the undertaking, in have issued their warrant to to the assessors summon Magistrate of such under the hereinafter contained, lands, respect provisions
hundred
to
and
fortydollars, and
same
if the
desires
have
the
settled
stating in such
such
so
notice
the
nature
of the settled
interest
in of
respect of which
the
party
claims
compensation,and
so so
the amount
compensation
unless the
the question his desire to have signifies has of such compensation settled by arbitration, or if, when the matter has the arbitrators their umpire have been referred to arbitration, or or failed for three months their or his award, or if no final award to make the question of such is made, compensation shall be settled by the
shall be claimed, the same party claimingcompensation
accordingly ;
but
verdict of assessors,
Method Justices of for
as
hereinafter be lawful
to
provided.
proceeding by settling
either
dispute.
Justice,on the applicationof question of disputed compensation, other matter the Special Ordinance, or or by by any any Ordinance settled by two to be incorporated therewith, authorized
149.
"
(1.)It
with
shall
for any
party
respect
any this or
Justices,
time and
to
summon
the other be named

due hear
party
to appear
before two
in
Justices at
of be
place to
on
in the of snch service and
summons.
(2.)On
of
the appearance
parties, or,
the
summons,
the
absence
them,
proof of
to
of
it shall
any lawful
for such purpose upon such
Justices
to examine
determine any
such of
such
or parties,
question, and for that their witnesses, them, and

in
oath.
(3.) The costs of every such inquiryshall be Justices,and they shall determine the amount
"
the
discretion
of
thereof.
Method
of
to
150.
(1.) When
or
proceeding by
arbitration settle
dispute
other matter
any
question of disputed compensation,or any any authorized the Special directed by this or or
Ordinance
dispute.
Ordinance, or by
by
incorporatedtherewith, to
be
settled
arbitration, has arisen, in the appointthen, imless both parties concur ment of a single arbitrator, of the other each party, on the request
his
party, shall, by writing under

to arbitrator,
hand,
other
nominate
and
appoint
referred.
on
an
whom
such
disputeor
matter
shall be
of
the
(2.)Every appointment of an arbitrator of the undertaking under promoters

or
shall be made the h"nds

or
the the
part
said
of
promoters,
on
any
two
of
the part of any
other
them, or party under
of
their the
secretary
of such
hand
clerk, and party, or, if
76
Refusal
No.
or
1.]
THE
LAWS
OF
BRITISH
than
GUIANA
[A.D.
1846.
154.
one
If, where
more
arbitrators
one
neglect
act.
of
arbitiatoi" to
either other
for seven arbitrators refuses, or arbitrator may proceedex parte ; and

as
of the
have been appointed, to act, the days neglects,

decision
a
the
of
such
other
arbitrator shall be
effectual
as
if he
had
lieen
single arbitrator
appointed by
Failnre make of
to
both
parties.
more
155.
and such after
If, when
neither
arl:)itrators than them make the refuses their last of

or
one
have
to
been
act
as
arbitrators award in time.
appointed,
where
of
neglects
award such
arbitrators
fail to
on
within arbitrators
as
aforesaid, twenty-one days

has
the
day
or
which such
been
have
pointed, ap-
within
extended
time,
appointed
the be
matters
for that purpose by both such referred shall be determined to them aforesaid. their umpire or possession
if any, arbitrators
may under
been
their
hands,
to
by
the
umpire
appointed as
156.
The any
Power
to
or
said arbitrators documents he may may in
or
may
call
for
the
tion producparty oath,
arbitrators
of which in and
the
umjiire to
call
power their
of
either
for books, etc.
they or and dispute,

administer 157.
think examine
for necessary the parties or

for that
determining the question

witnesses
on
the oaths necessary
purpose.
Declaration be made
to
by
sideration ^f
to
"
umpire before acting.
arbitrator into the conor umpire enters any of any referred matters to him, he shall,in the presence and subscribe the following declaration,that is Justice, make
" "
(1.)Before
say,
declare that I will faithfully and honestly, I, A.B., do solemnly and sincerely skill and hear and determine the according to the hest of my ability, referred to under matters the the me provisions of Ordinance [_naiiii)ig
Or(U)iunc('.~\
A.B. Made and submitted in the
presence
of
(2.) Such
and if any
acts
declaration
or
shall be annexed
to
the award,
such
a
when
made
umpire, having made contrary thereto,he shall be guiltyof

the
costs
aibitrator
fully declaration,wil-
misdemeanor.
incident the
.same
Costs
of to
158.
be
All settled
of any
such
arbitration
be
and
thereto,
of
or
a
arbitration.
by
the
shall arbitrators,
borne
award
by
the
promoters
the
sum
undertaking,
than
case
unless
the
arbitrators
less
tration, arbi-
has each the
been
offered
by
the his
promoters
own
of the
undertaking,in
to
which
party
costs
shall bear
costs
incident
the
and in
of
the arbitrators
shall
be borne
by
the
parties
equalproportions.
159.
The of arbitrators the shall
Deliveiy and production of

award.
deliver their
the
award
in
writing to
shall retain
the the
promoters
same,
undertaking,and
promoters
furnish demand, at their own expense, other thereof the to the arbitration ; and shall to a at all party copy to be times, on demand, produce the said award, and allow the same
and shall
forthwith, on
or inspected
examined
by
such
party
or
any
person
appointedby
him
for that
purpose. Tlio
Af,'reement
160.
submission
the be
to
agreement ^l^'îi'i^'"^*^
dfcteniiined nation
that shall
award
any made
such and
arbitration
may pursuance
a
contain of
an
given
in
such
by
ar])itration
strengthened and
conlinned
by
willingor
volun-
wiUiriKcondtni-
tary condenmation
by
any
of the
Judges
of the Court.
by
Judge.
A.D. 161.
tration
set
1846.]
No under for
COMPANIES'
CLAUSES
AND
POWERS.
[No. 1.
to arbiSaving
of
77
award
the
jnade
with
respect to
this
or
any
of provisions
error
the
questionreferred SpecialOrdinance
of form.
shall be
'^^^l[ J'^^
irregularity.
Giving of
aside
or irregularity
in matter
162.
warrant
"
(1.)Before
for shall
the promoters
assessors
summoning
intention notice
for less
they pensation,
party
what
of their
give
to
not
cause
their of the undertaking issue of disputedcomcase settling any than ten days' notice to the other
assessors
"u^^^^^jll^
"
assessors.
such
to
be
summoned.
state
(2.)In
sum
such
the
promoters
of
tlie
undertaking shall
in for
they are willingto give for the interest money from such party, and lands sought to be purchased by them damage to be sustained by liim by the execution of the works.
of
such
the
163.
of
"
(1.)In
every
case
in which
any
such
question of disputed
Issue
of
the promoters by assessors, compensation is required to be determined of the to the the undertaking shall issue their warrant INlagistrate is the District in which situate, lands, or some part thereof, are or
to
summon common assessors
gjj^j^'^^j
assessors.
him requiring shall if 1)6 under

are
a
for that purpose

of the
; and
such
warrant
the
seal if
promoters
not
a
they
or corporation,
they are
undertaking, the under corporation,

matter
of
the
hands
promoters, or any two (2.) If such Magistrate is interested in the

be
and
seals of
such
of them. in Peace such dispute, residingin
shall application the

or
made
the
to
some
Justice
of
the
some
County
is
in which
lands in
or question,
parts thereof,are
such Justice in
situate, and, if all the Justices residingin be made such to any interested, application may
in the
County
of the
are
so
Peace
Colony, who
"
is not
interested
in the matter such may
dispute. Magistrate
or
164.
Justice
(1.)Upon
of the
the
as
receipt of
the
case
warrant,
the
Summoning
of
Peace,
at duly quaUfiedto act as that him for and be convenient time to appointed by a" place, purpose, than such time being not less than fourteen more or twenty-one days than after the receiptof such warrant, and such place being not more of the lands in question, fifteen miles distant from except by consent forthwith notice the shall to and he the interested give parties ; and place so appointed promoters of the undertaking of the time him. b}^ (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
different persons
twelve be, shall summon in the Court, to meet jurors
in-
i^^ggggj^g
to
the other
party.
at not
not the party claiming compensation does appear such inquiry shall place appointed for the inquiry, further proceeded in, but the compensation to be paid shall be be ascertained by valuators appointed by two Justices in may hereinafter provided.
165.
If
the be
as
Xon-appear-
time
and
cMuihiicompensation.
such
manner
166.
"
(1.) Out
persons
as
of the
disinterested the Peace,

may
the
case
be, as jurors for

drawn.
appearing upon such summons shall be selected by the Magistrate or Justice as near be, as assessors, in such manner, may trials of issues joined in the Court are by
persons
six of
as
Selection
assessoi^s.
of
law
requiredto he (2.)If a
to
sufficient the
number
of
assessors
do not
the the
such
can
Magistrateor duly quaKfiedas aforesaid,of men, speedily be procured,to make up

summons,
Justice
appear shall return
in other
or
obedience
ent indifferthat
bystanders
assessors
others the
to
number
78
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1846.
aforesaid ; and
all
concerned parties
assessors,
against
array.
Conduct of
any
of
the
but
have their lawful challenges may such no challenge the party'^shall
inquiry.
Magistrate or Justice of the Peace, as the case may the said inquiry, and the party claiming compensation shall be deemed the plaintiff, all such and shall have rights and in the action is entitled to in the trial of an the plaintiff as privileges
167."
(1.)The
be, shall presideon
Court.
(2.)If
Justice
to
either
summon
as
party
a
so
requests
him
in
writing, the
person in order
matter
Magistrate
or
shall
examined
before
witness
any
considered
necessary
on or
be
the
any in like
like request, the three or more of

manner as
touching the matters Magistrateor Justice shall them, to view the placeor
may be
question,and,
the assessors,
views
had
in
the
trial
of
an
in controversy, in the action
Court.
(3.)Before the or damage they

assess
assessors
proceed to inquire of
and
assess
the
pensation com-
in
respect of which
their verdict
is to
be
given,
shall make such
they will trulyand faithfully inquireof and the and compensation or damage, Magistrate or Justice
oath that such
shall administer
upon Penalty on Magistrate
Justice
assessor
oaths, as well
as
the
oaths
of all persons
called
to
give evidence.
"
168.
or
(1.)If
makes
the
Magistrate or
Justice
of
the
Peace,
as
the
case
and for
default.
default in any of the matters hereinbefore be, required to may be done by him in relation to such trial or inquiry,he shall for any such offence forfeit two hundred and forty dollars,and such every
penalty shall
action
be recoverable
by
the
promoters
of
the
undertaking by
Court in any of competent jurisdiction. If and returned under as an (2.) any person summoned assessor, this or the SpecialOrdinance, does not appear, if, or having appeared,
he refuses to make his
oath, or
or
in
any
other
manner
unlawfully neglects
to
duty, he
shall unless
he shows
reasonable
a
excuse
the
satisfaction
of the
Magistrate
If any such
Justice,forfeit
sum
not
exceeding forty-eight
give evidence
dollars.
Penalty
witness default.
on
169.
any has been
summons,
person
who
has
to
been whom
duly
a
summoned
to
fi r
upon
and inquiry,
tender
made,
or
without
fails to appear time at the sufficient cause, any appears

as a
of his reasonal^le expenses and in the place specified if any person, to be every
not
or
whether examined person

so
witness, refuses oath in question, touching the subject-matter upon offending shall forfeit to the party aggrieved a sum
dollars. forty-eight Separate
assessment of
summoned
not, who
exceeding
170.
done verdict of the
to
Where
and the also
such
to
inquiryrelates
to
the
value for
assessors
of
lands done
to
or
be
to
purchase
money and
lands
compensation held therewith,

the
sum
claimed
the
injury
purchased, be
shall deliver
their
compensation for damage.
separatelyfor
lands
of
money
to
be
paid
for
the
purchase
he
is
money be sustained
longing required for the works, or of any interest therein bewith to the the whom of disputed compenparty question sation has arisen, or which, under the provisions herein contained, enabled of to sell and transport or convey, and for the sum of compensation for the damage, if any, to to be paid by way
by
taken
the
owner
of the
the
lands
by
of
reason
of
the
or
severingof
otherwise
the
lands
from
other
lands
such
owner,
A.D.
1846.]
COMPANIES'
GLAUSES
AND
POWERS.
[No.
the
1.
79
injuriously affectingsuch
this
or
the
lancJs,by the exercise SpecialOrdinance, or of any Ordinance
of powers with. thereincorporated
of
171.
may be
"
(1.)The
held shall
Magistrate or Justice before whom give judgment for the purchase

by
such
assessors,
such money and
inquiry Recording
or com-
and
"f ^^^'^^
pensation assessed
shall be
judgment shall signed by the Magistrate or Justice,and, when so signed, with and kept by the be deposited Registrarof British Guiana among the records of the County in which the lands, or any part thereof, are is situate, in respect of which such purchase money or or compensation
may and
and
the
verdict
judtnnent.
have
been
awarded.
such
true
(2.)Every
the same,
or
verdict
and
judgment
be
shall
be
deemed
record,
copies thereof,shall
may
good
evidence
in all Courts
and
elsewhere.
judgments, and paying respectively the fees payable to the Registrar for inspectionof records and for the Registrar copiesof or extracts therefrom copies or extracts ; which is hereby requiredto make the same to be out, and to sign and certify
persons
(3.)All
have
inspectthe
extracts
said
verdicts
and
may
copies thereof
or
therefrom, on
true
copiesor
On
extracts,
172.
the
assessors
every is
such
inquirybefore
for
a
assessors,
sum
where
the
the
sum
ver.îet of
Rule
as
to
given
greater
than
previously iipportionmenc
"
by the promoters of the undertaking, all the costs of such "nqu'j^y^ inquiryshall be borne by the promoters of the undertaking; but if the verdict of the assessors is givea for the than less sum or a same the sum offered by the promoters of the undertaking, or previously if the owner has failed of the lands to appear at the time and place for the inquiry,having received due notice thereof,one-half appointed of the costs of summoning, returning, and and the assessors, selecting of taking the inquiry, and recordingthe verdict and judgment thereon, in case such verdict is taken, shall be defrayed by the owner of the and the half the of the other lands, by promoters undertaking,and
offered
each
party shall bear his
own
costs, other
than
as
incident aforesaid,
to
such
inquiry.
The
costs
173.
settled
or
by
the
of any such inquiryshall, in case of the Court Officer Demerara in Taxing

the
of
be difference,
Settlement
and the
in
Berbice, accordingas
such
costs
lands
are
situate, on
Essequebo "ase"of^difi of ence. application
either party ; and

and expenses
shall include
all reasonable
costs, charges,
summoning, returning,and selecting the the the attendance of witnesses,the employassessors, taking ment inquiry, of counsel and verdict the and judgment attorneys,recording thereon, and otherwise incident to such inquiry.
in
incurred
(1.)If any such costs are payable by the promoters of the PajTnent undertaking,and if,within seven days after demand, such costs are not costs, the paid to party entitled to receive the same, they shall be recoverable and, on application to any Justice, he shall issue his by distress, warrant accordingly. of the lands or of (2). If any such costs are payable by the owner interest the and retained be deducted therein, same by the any may of the of awarded promoters by the undertaking out moneys any valuators to such valuation of deterniined assessors or owner, by the under the provision hereinafter contained ; and the payment or a deposit
"
174.
of
80
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
of the
satisfaction
of such moneys, shall be deemed payment and of thereof,or, if such costs exceed the amount the money awarded shall be recoverable by so or determined, the excess to any distress, and, on application Justice,he shall issue his warrant
remainder,
of the
if any, whole
accordingly.
EeUef
assessors.
of
175.
any year.
No
assessor
shall, without
any such
his
requiredto
176.
to
of
attend
proceedingas
consent, aforesaid
be
more
summoned than
once
or
in
Determination
by three
valuators to absent
be
comiiensatiou parties.
any from does
purchase money purchased or taken by of party who, by reason

or treating,
The
or
compensation
promoters
from
to bo
paid for
is
any
lands
from
the
of the
the
undertaking
absence after
who
cannot
prevented Colony, diligentinquiry be found, or who

for due the notice
not
assessors
as
the at appear hereinbefore

to
appointed provided fur, after

any
time
inquiry before thereof,and

such
the
the
compensation
be such
three
as
be be
paid for
determined
permanent
the
injury to
of the may
lands, shall
of such that for
may
by
valuation Justices
majority
able practicalvaluators two as hereinafter mentioned. as purpose, 177.

On
nominate
Nomination of valuators.
application by
the
promoters
of
the
undertaking
to
two
that them and be satisfactory such proof as may to on Justices, of absence the Colony, prevented such party is, from by reason that after diligentinquirybe found, or cannot or treating, any
any from such
party
after
failed to appear notice due to
on
such for
inquiry
that
before
assessors
as
aforesaid,
him
writing under their hands, nominate determining such compensation as

valuators their shall
a
Justices such shall, by purpose, for valuators three able practical aforesaid
; and
the
majority
shall
of
such
to
determine
declaration
the in
same
and accordingly,
annex
valuation
writing, subscribed
by them, of the duty

of
correctness
thereof.
Declaration to be made by valuator.
178.
such
"
(1.)Before
as
such
valuators
enter
upon
the
making
of
each of them afoi'esaid, shall,in the of them, make and subscribe the such Justices or one at the foot of such nomination, that is to say, following valuation
"
presence
declaration
"
I, A.B,, do solemnly sincerelydeclare and honestly,according to the best of my duty of making the valuation hereby referred
and that
I will skill to
me.
and
irapartialh', faithfully, the ability,execute

AB.
Made
and
subscribed
in the presence
of
."
) (2.
made of
a
If any
such
or, having corruptlymakes such declaration, acts declaration, contrary thereto,he shall be guilty wilfully
valuator
misdemeanor. The nomination and such declaration shall be shall annexed be

to the
Production of valuation,
179.
to
tion valua-
etc., to
of lands.
owner
preservedtogether by by the promoters of the undertaking; and they shall at all and other documents, on times produce the said valuation demand, to and such to all other of the lands in the owner valuation, comprised
Ije made
valuators, and
therewith
partiesinterested
Expenses
valuation. of
therein.
expenses of and of the incident
to
1 80. be borne 181.
All
the the
every
such
valuation
shall
by
in
promoters
undertaking.
or
Bule
as
to
estimating
by
the
estimatingthe purchase money promoters of the undertaking in
compensation
of
to
be
paid
any
the
cases
aforesaid,
A.D.
1846.]
shall
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
purchase
'"""*^"'' ^**^-
8i
regard
case
Ijc had
may
l)e,not
the be
to
tiiken if any,
by
or by the Justices,arbitrators, valuators, as the value of the laud the to be purchased, or to only of the liut also to the undertaking, damage, promoters the sustained of the of the owner by lands,by reason
severing
otherwise
powers of
oi
the
lands
taken
fiom
the
other
lands
of the
such
owner
or
affecting such other injuriously this or the Special Ordinance,
lands
or
by
any
exercise
of the porated incor-
of
Ordinance
therewith. 182.
of
the compensation payable in respect of any lands, Sulimission of to nrljiti-ntion therein, has been ascertained by the valuation Office under the provisions tionTscertai valuators,and depositedin the Registrar's herein that the owner of or party entitle' I to % valuation, contained, by reason
"
(1.)When
interest
or
any
transport and
could
not
convey
such
lands absent such
or
such from
interest
therein
as
aforesaid
owner
party
before
be found, or was is dissatisfied with he

has
the
Colony, if
be
or
such
or
valuation, it shall
for payment
lawful
for of
him,
the
appliedto
the Court the
investment
herein contained, by notice provisions of the undertaking,to require the question of such compensation to be submitted to arbitration thereupon ; and the same shall be so submitted in the in same manner as accordingly, other cases of disputed compensation hereinbefore authorized or required
to
so deposited undur moneys in writing to the promoters
be submitted
to
arbitration.
to
(2.)The
shall be whether of
question
be
sum
submitted
so
to
the
arbitrators whether
in such
case
the said
as deposited
aforesaid
the
further
sufficient sum, a or undertaking was sum ought to be paid or depositedby
by the promoters and what any
them.
or
If the arbitrators award that a further sum ought to be paid Payment or depositedby the promoters of the undertaking,they shall pay or ^''l^^^^j]; ^f, further sum, within such further sum fourteen deposit,as the case may require, if awarded. days after the making of such award, or, in default thereof,the same be recovered, with of competent may costs, by action in any Court
183.
jurisdiction.
determine 184. If the arbitrators the of and costs incident sufficient,
that
to
the
such
sum so deposited was mined to be deterarbitration,
Costs
of
arbitration.
by
but
or
the
shall be arbitrators,
in the
a
discretion of the arbitrators

further
sum
if the
arbitrators the
determine
that of the be
ought
to
be
of
paid
the
depositedby
to
promoters
incident
the
arbitration
shall
borne
undertaking,all the costs by the promoters
of and
undertaking,
185,
of
or
party is entitled to any compensation in respect Compensation any of have been taken for, to be settled any any interest therein,which by arbitrators affected injuriously by the execution of, the works, and for which
"
(1.) If
lands, or
or
assessors,
the
promoters
of
the
undertaking
have
not
made
satisfaction
under
the
of this or the Special Ordinance, or of any Ordinance provisions incorporatedtherewith, and if the compensation claimed in such case of two exceeds the sum hundred and forty dollars,such party may have the settled either same by arbitration or by the verdict of
assessors,
as
option of party entitled

at to lauds.
(2.) If
it shall of the be
think he may fit. such party desires to have lawful for him such
to
the
same
settled
by arbitration,
the
give
notice
in
writing
to
promoters
the
nature
undertaking of
his desire,stating in such
notice
82
No.
of
1.]
the
THE
LAWS
OF
BRITISH
GUIANA
.
[A.D. 1846.
tion, compensatherein ; and the
amount
interest
in
amount
such
lands of the
in respect of
which
so
he claims
claimed pay of
and
unless of the that from the the
the
compensation
are
promoters
within
so
of the
so
undertaking
and
enter
willingto
into the
a
compensation
any
claimed,
written
agreement
such arbitration
as
for
purpose
twenty-one
the entitled, provided ;
days
same
after
receipt
notice
in
party
to
shall
be
settled
so
by
manner
herein have
or,
if tlie party
entitled
aforesaid
desires shall
it question of compensation settled by assessors, his desire in writing of such to give notice of the undertaking, stating such to the promoters particulars as afoi'ethe promoters said ; and unless of the undertaking are willing to pay written the amount of compensation so iuto enter a claimed, and for that they shall, withii\ twenty-one days after agreement purpose, the receipt of such notice, issue their warrant to the Magistrate of the such be lawful
for him
District herein
to
summon
assessors
for
provided,and,
so
in default
as
settlingthe same thereof, they shall be

the
amount
in
the
to
manner
liable
pay
to
the
party
and
entitled
the
aforesaid be
of
claimed,
in any
Power extend to
coni-
Court
same may of competent
by jurisdiction.
recovered
him, with
compensation so costs, by action
186.
and take
Whereas, lands,it
land purpose
to
after
for
the the
Special Ordinance
additional
for the
pulsoi-y powers of purchase, where thought

uecessai-y.
may should of
be
be
expiration of the periods limited by the of compulsory powers to purchase for the found safetythat public necessary taken, after the expirationof such periods,
exercise
inchnation
bridges or
of
and width embankments to the giving increased slopes of railways, or for making approaches to for the repair or prearchways, or for doing such works vention the accidents
or
otherwise
case
as
herein
which
described
Be
fore it there-
enacted may consider
that
and
in
the public safety requires that by any railway or other company of purchasing for such as aforesaid,the compulsory powers purposes and in the Special Ordinance, together with all taking land contained the clauses and provisionsrelative thereto, shall,as regards any such of the order in any portion or portionsof land as is or are mentioned
that additional
every determine be
in
the
Govern
or-in -Council
land
should
taken
Governor
in- Council, be
or
revive
and
in
be such
in
full
:
force
for
such
further
that
period as may railway any

Council for
mentioned
other such
order
Provided
to
always
notice of
writing, in
any the
company order shall
applying
give
the
the
Governor-inin such
to
fourteen
days'
Ordinance their in and
manner
prescribed by
special
of
for serving notices on company make such apphcation,to all the
landowners
intention
parties interested
to
such
shall
lands, or
state
such such
such
to
of
them
as
may
be
known
the
company,
in
notice
the
particularsof
the
the
partiesinterested apply, within Governor-in-Counoil, such

any such order been is
of if any required; and said period of fourteen the days, shall be heard by them party
lands
before
given
applicationhas
Governor
made
on
by
Provided, also, that railway or other any

:
where company
any
to
such
the
in-Council,
refused,the directors in-Council, repay to

expenses which
he
applicationany such order has been if requiredby the Governorof such company shall, the party or partiesresistingsuch application any incurred in have or resistingsuch they may
which
application.
No.
made
1.]
by
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
their
but such
unless
trustees
last-mentioned named
for the
the
husbands, guardians, committees, or trustees ; respective be made of the shall not application moneys of the thereof and of the undertaking approve promoters
purpose.
money therefrom, shall be
(2.) The
directed with
it shall purpose.
not
paid to such trustees, and the produce arising hereinbefore appliedby such trustees in the manner the s into to Registrar' Otfice, but paid respect money
so
be
necessary
to
obtain
any
order
of
the
Court
for that
the exceed does not sum (3.)If such money entitled shall be the to the to paid parties dollars, same lands of the in whereof the same respect may profits for their
own use
of the
ninety-six
rents
and
be
payable,
benefit,or, in case of the coverture, infancy, tlien such incapacity of any such parties, idiotcy, lunacy, for their the shall be to husbands, use respective dians, guarpaid money committees, or trustees of such persons.
and
or
other
Disposal of
sums
exceeding may ^96 payable ^\^q

with persons
not
absolutely
entitled.
dollars which of money (1.) All sums exceeding ninety-six of the undertaking in respect of payable by the promoters contract a taking, using, or interfering with any lands under or agreement with any person who is not entitled to dispose of such to be sold by him, ablands, or of the interest therein contracted for his own Office, benefit,shall be paid into the Registrar's solutely
190.
"
be
or
to
trustees
in
manner
aforesaid. be lawful
for for any his
contractingparty not entitled so portion of the sums any to be paid for or in respect of the agreed or contracted taking, using, with such or lands, or in lieu of bridges,tunnels, interfering any other accommodation or works, or for assenting to or not opposing lands ; but the passing of any bill authorizingthe taking of such shall be deemed all such money to be paid contracted been to have of the several for and account on partiesinterested in such lands well in as possession as in remainder, reversion, or expectancy : Provided or always that it shall be in the discretion of the Court (2.) It
shall not
to
as
aforesaid
retain
own
use
the
or
sum
said trustees, as
for any
the
case
may
be, to
allot
to
any
use,
a
tenant
as
partial or quahfied estate, for his own to such so or Office, paid into the Registrar's inconvenience, or compensation for any injury,
be considered
to
trustees
life, portion of the aforesaid, as
for
may lands
be
he which annoyance of the value actual of to sustain, independently the lands held to the taken, and of the damage occasioned
reason
therewith works.
by
of the
taking of
such
lands
and
the
making
of the
Power Court
to the
ti) direct
ajiplication of purcliase
money
or
191. Where or any purchase money the provisionsof Office under Registrar's has been paid in respect of any lease for
a
this
a
compensation paid into the Ordinance the Special or

life or
lives
or
years,
the such
or
for
life
or
lives and
compensation
in respect of lease or reversion.
simple thereof, or
estate, it shall
interested
consider in be such
years, of any lawful
or
any reversion the
estate
in
lands
less than
on
whole lease any laid
fee
or
dependent
on
any shall
as
for
Court,
the the
manner
of petition be the money from may
party
out,
may
same
that to order money, invested, accumulated, and paid in such will
same
Court the the
give
to
the
parties interested
which
in
such
had money
benefit
therefrom
or as
estate,
reversion
near
,as they might in respect of

as
lawfully have
such
lease,
been
have
paid,or
thereto
may
be.
A.D. 192.
1846.]
"
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
Power
to
85
in manner hereinOffice, (I.)On depositin the Registrar's of the or provided, purchase money compensation agreed or awarded lauds to be paid in respect of any purchased or taken by of this or the the promoters of the undertaking under provisions Ordinance the Special Ordinance, or of any therewith, incorporated the owner all parties of such lands, includingin such term by this before
chase'monev
or
compensation iiiorder
transport
title.
or
Ordinance
when
enabled
to
sell and
so
transport or
to
convey
such
lands,shall,
requiredto
do
by
and,
the
transport and
or a as
convey
such
;
lands
undertaking,duly promoters the promoters of the undertaking,

of the
or thereof,
they may direct good title to such

promoters
of
in default
to
if he fails to adduce
lands the
for the
it shall be lawful satisfaction, if think to depositin fit, undertaking, they their of

owner
Office aforesaid the amount Registrar's or compensation; and, in default of the and to pass execute refusingor neglecting
the
such of and
purchase money
such lands any in favour of the
two
to
of such lands within a transport or conveyance company after such deposit, it shall be lawful for the company to Court
or
months
the petition
for
on authority
Sworn and
Clerk form
to
pass
the
necessary
transport
prescribed by law ; and the Court, conveyance and shall award shall grant such to the company if it sees fit, petition, and shall order payment of such costs to the costs of such application, last aforesaid. be made of the money as out deposited by the Registrar all the (2.)Upon the passing of such transport or conveyance, and interest in such lands of,or capableof being sold and transported estate and the promoters of or conveyed by, the party between whom have the undertakingsuch agreement may been come to, or as between whom and the promoters of the undertaking such or purchase money compenitationmay have been determined by assessors, or by arbitrators, have been or by valuators appointed as herein provided,and may of the in the promoters as aforesaid,shall vest absolutely deposited behalf of and all parties on and, as againstsuch parties undertaking, the whom enabled herein sell and transport or to convey they are possession promotei's of the undertakingshall be entitled to immediate
in
manner
of such lands.
193.
fi
the
"
If the
,
owner
of any
such
of
lands
any
or purchased
taken
1 1
by the
of
1
Power chase
to
promoters
of the undertakinof, or
interest
''.*'.,
therein, on
1
tender
to
i
V^' ^^"^^^ mouey where refuse ^^'^^'^
purchase money or compensation, either agreed or awarded in refuses the to or paid respect thereof, accept neglectsor same,
to
be
parties
to
i
,
fails
make
to
out
title to such
lands
or
to
the interest of the
therein
claimed
by
the
the
on
c.
him,
the satisfaction
of the
promoters
or undertaking, as
if he
refuses to transportor convey or release such lands such owner if any or promoters of the undertaking,
directed
is absent
by
from
Colony or the inquirybefore

cannot
after
diligent inquiry be
as
assessors
herein
fails to appear found, shall be lawful it providedfor,

or
for
or
the promoters of the
undertaking to depositthe purchase money

respect
of such
compensation
in the
payable in
lands,
or
any
interest
therein,
Office to the credit of the parties interested in such Registrar's lands (describing them so far as the promoters of the undertaking can to the control and of the Court. subject do), disposition
194.
"
(1.) Upon
any
deposit of
money
as
last
aforesaid
being
Power
to the
made,
or
of
Registrar shall give to the promoters of the undertaking.Court, upon to the party paying in such by their direction,by way niade'to^"^" money authorize specifying receipt,a copy of the act of deposit of such money,
the
VOL. I.
7a
86
No.
1.]
for
THE
LA
and
WS
for
OF
BRITISH
GUIANA
[A.D. 1846.
aforesaid)the
transport to be passed.
therein
same same
what have
whose
and and
use
(described as
may
been been
received,
paid in ; of the undertaking, if they Sworn Clerk a authority on

may
conveyance it sees fit,shall the
to costs
have
purchase the respect of what it shall be lawful for the promoters

in
think
to
fit, to
the
petition
the
Court
for
pass
in
manner
and
form
prescribedby
shall
out
necessary law ; and

to
transport or the Court, if

the of company such costs last
grant
the
such
and petition,
shall award
of such
and application,
order
payment
money
be
made
by
Registrar passing of
of the
deposited as
conveyance,
whose
aforesaid.
(2.)Upon
estate
the
such
of
transport
the
or
all the
use,
and
interest
in
such
lands
partiesfor
and
or purchase money compensation may have taking, shall vest the of the underin been deposited, promoters absolutely and, as against such parties, they shall be entitled to immediate of such lands. possession
in
respect whereof,
such
Application
of money
deposited.
to of any party making claim On the application by petition the last to or so as or aforesaid, thereof, deposited part money any any lands the same in respect whereof have been deposited, or any may in a the Court in the same, interest or may, part of such lands any
195.
summary
way,
or or
as
to
the
in
Court
may
seem
order fit,
or
such
order
laid
out
invested
the
pubUc funds,
of the
may
to be money distribution
thereof
payment lands,
or
of the dividends
interests
thereof, according to
the
tive respecto
or estates, titles,
partiesmaking
may make
claim
such
in
money
or
the
In
case
premisesas
If any
part thereof, and any fit. to the Court seem may
such
order
of in to
196.
last
as as or
question
any
arises
the respecting
have been
title to
the
lands
in
question of title,party
possession be deemed
owner.
respect whereof
aforesaid, the
so paid or deposited as may money in possession of such lands, partiesrespectively
thereof, or in receipt being the owners entitled thereto, at the time of being taken, shall
the the unless be deemed
to
of
the
rents
of
such
lands
such
lands
being purchased
to
have
to
been the
as
lawfully entitled
satisfaction of
such
;
lands, until and,
contrary is contrary
shown,
is shown
the
Court
the parties so in aforesaid, with and under them all or parties claiming consistently possession, shall be deemed entitled the money their possession, to so deposited, and
to
the
dividends
or
interest the
same
of
the
annuities
or
securities
purchased accordingly.
Costs in
of money
cases
therewith, and
shall
be
paid
and
applied
197.
under
In
all
cases
of money
or
depositedin
the where
the
such
Registrar'sOffice
or
the
provisions of this
reason
Ordinance, iSpecial
wilful
of any may
ance Ordinhave
entitled
deposited.
incorporated therewith, except

been
so
money any
deposited by
to receive
of the
refusal of
party
release the to transport or or or convey same, lands in respect whereof of the same be or reason by payable, may the wilful neglect of any party to make out a good title to the lands
thereto the
required,it shall be lawful for the Court to order the costs of the penses following matters, including therein all reasonable charges and extaking, incident thereto, to be paid by the promoters of the underthat is to say, the costs of the purchase or taking of the lands,
or
which
as
have
are
been
incurred
in
consequence real
thereof,other
the
costs
than
such ment invest-
costs
herein
otherwise
in
provided for, and

or
of
the
of
of such
money
government
and secui'ities,
the
re-
A.D.
1846.]
COMPANIES'
CLAUSES other
AND
POWERS.
[No.
1. of
of
87
investment
the
thereof in the
proper for the
purchase of
lands,and
also the costs
obtainingthe
orders
securities
of the purposes orders for any of the dividends and payment such of
same
aforesaid,and
interests of
the the the
upon
out
which
of
moneys
may
be
invested, and
such
money, of all
or
for
of
payment
securities
Court the
the
may
principalof
be
as
whereon adverse
and invested,
relatingthereto, except
between
claimants for
such
:
may of
be
land
occasioned that
be the shall
proceedings by litigation
costs
Provided
always
of
one
application only
appears in the said
to
re-investment
allowed, unless
in the
it
the Court
money
that it is for the benefit

same
of the
partiesinterested purchase of
that the and
should
be invested
lands,in different sums lawful for the Court,

investments
it shall be different times, in which case such if it thinks fit, of any to order the costs to be paid by the promoters of the undertaking.
at
Transports or
198.
Conveyances of
Lands.
Form of
of lands to be purchased under Any transports or conveyance of any Ordinance of this the or or Ordinance, provisions Special and form prescribed shall be in manner by the incorporated therewith, laws of the Colony. the
convT/ance^
199.
The
costs
by
tlie such
the
promoters
shall be borne of every such transport or conveyance shall include all and of the undertaking, such costs
Costs
of
com-e^-ancT
and charges
expenses
all of any
incurred,on
transports
or
the part
conveyances
as
well
of
the
seller
as
of
of purchaser,
and
assurances
of any
interests or therein,and of outstanding terms and verifyingthe title to such lands, terms, or deducing,evidencing, and of making out and furnishing such abstracts and attested interests, and all other copiesas the promoters of the undertaking may require, reasonable to incident the deduction, and investigation, expenses
lands, and
verification of such
title.
200.
"
(1.)If
order conveyance an by the Taxing Officer as aforesaid, upon "^ of the Court to be obtained, in a summary petition way, by either ^^^^ upon shall of the parties; and the promoters of the undertaking pay what the said Taxing Officer may costs in respect of such to be due certify to the party entitled be thereto, may or, in default thereof, the same recovered in the same costs as payable under an order way any other of the Court, or the same be recovered by distress in the manner may herein provided in other cases of costs,
titled to any costs shall be taxed
the promoters of the such costs do not agree
undertaking
as
and
the
to
the
amount
party enthereof,such
Settlement
of
transport or
in
(2.)The
of
promoters part at least of the

the costs of such
of taxing such expense the undertaking, unless

amount
costs
shall
be
borne
by
the
of such
costs
upon is
such
the
taxation
one-sixth which
costs
case
disallowed, in
taxation
shall be borne
by
party
whose
taxed, and the amount and deducted Taxing Officer,

so
be
thereof shall be
ascertained
his
by
the
may said
by
him
accordinglyin
certificate of
such
taxation. It shall not
Prohibition to be lawful for any person or party whomsoever of the to of or passing transport oppose company any conveyance ^^ for transport'ôr lands advertised to be transported or conveyed to the company any the objects and in this or the Special Ordinance, conveyance, purposes mentioned
201.
the
p^^^j^^^^
88
No.
1.]
THE
LAWS
OF
BRITISU
GUIANA:
[A.D. 1846.
or
deposit of purcliase
made.
or
in any
Ordinance
of
money
upon
notice
ad Office,
CO
opus
incorporated therewith, provided the company, depositsin the Registrar's opposition, the of aiuonnt the purchase money jus hahentiuni, agreed
any
intended
amount
be
paid for,or
in
manner
the
of
the
valuation
of, any
such
lands,
ascertained
and
form
herein
prescribed.
of Undertaking.
Entry
Prohibition of
upon
Lands
hy
Promoters
sent undertaking shall not, except by conwhich may lands e nter occupiers, any upon lands requii'ed be required to be purchased or permanently used for the purposes and except under certain under the powers of this or the Special Ordinance, until they have or for in such either paid to every interest lands, or party having any certam in the Registrar's herein in manner purposes. mentioned, the deposited Office, to be paid to or purchase money compensation agreed or awarded such parties respectively therein : Provided for their respective interests and of for the surveying taking always that, merely purpose levels of such lands, and of probing or boring to ascertain the nature
202.
The
promoters of the
and
entiy
upon
of
the
owners
ditions con-
of the for the

or more
and soil, than
of
settingout
of the
the
line of the
promoters
undertaking,after days'
lands notice
to
fourteen
upon
works, it shall be lawful giving not less than three the or owners occupiers
thereof,to enter
such
without
previous consent, making

to
compensation
are
an
for any
:
damage thereby enteringupon

come
occasioned
the
owners
or
occupiers thereof
agreement
Provided,
of
also,that, if the
and
an
taking promoters of the underany such

or
desirous
using
award
lands
before
has been
to, or
made
verdict
in
given
respect
for the of such

to
purchase lands, it
the
depositin by
such
either
claimed any
undertaking herein as tioned, menOffice, Registrar's by way of security the of the amount or compensation purchase money
party
interested who does in
or
or compensation to be paid by them money shall be lawful for the promoters of the
entitled to sell and

consent to such
transport
or
or
a
convey
sum
lands,and
not
entry,
such
as
herein
such
by valuators appointed by two Justices in the manner may, be found, be determined provided in the case of partieswho cannot which to be the value therein of such of the interest or lands,
is entitled
to
or
party
enabled
to sell and
transport or
a
also to if
giveto such party a bond under they are a corporation,or, if they

and seals of the be said
the
are
or
common
and convey, seal of the promoters, the

two
not
under corporation,
two
hands
promoters
of
sum
any
to
of
them,
with
sufficient in differ, for
to sureties, a penal sum to
approved
to the
or
by
two
so
Justices, in
be the
equal
party,
payment
such
for
depositin
the parties case conditioned deposited, Office for Registrar's
the benefit of the
parties interested in such lands,as the case may require, under the provisions herein contained, of all such purchase mined or in manner herein provided be detercompensation as may money to be payable by the promoters of the undertaking in respect of
the lands
six
so
entered
upon,
togetherwith
from
or
interest
thereon
to
at
the rate
such
of
per cent, per annum until such purchase
the
time
of entering upon
the
lands,
or
money
compensation is paid
for
such the
party
deposited
interested upon bond such
in
the
Registrar'sOffice
lands, under
way
or
benefit
in such
depositby
shall be
use
of
herein provisions being made as aforesaid security the

to
parties contained ; and,

and such
as
of
being delivered
upon and
tendered for the
such
it aforesaid, enter
lawful
promoters
non-consenting party of the undertaking

first
to
such
lands without
having
paid
or
deposited
A.D.
the
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
89
purchase money or compensation in other cases requiredto be paid or deposited by them before entering upon any lands to be taken by Ordinance. of this or the Special them under the provisions
203.
The money
so
to
be
into
the
Registrar'sOffice,to
in
or
deposited as last be placed there

to
aforesaid shall
to
be
of
paid
the the such
Receipt
to be
*^
the
credit
or
ReSstnir
Heijosit upon "* money,
parties interested
lands
so
entitled
upon, control and
sell and may
transport
not
convey
to
to
be entered
to
who and
have
consented
of the Court ; and, disposition shall give to the the such made, being Registrar deposit upon to the party paying in such or money promoters of the undertaking, of the act of deposit of a copy by way of receipt, by their direction, such specifyingtherein for what purpose and to whose credit money, have been paid in. the same may
entry, subject
the
depositedas last aforesaid shall remain in the by way of security to the partieswhose been for the performance of the condition lands have entered upon so the of the bond be to promoters of the undertaking as given by the herembefore and the same on by application mentioned, may, the the of the to of Court, be ordered undertaking petition promoters
204.
(1.)The money Registrar'sOffice

"
so
Effect
of
\^^^'f^
and
application
thereof,
to
be
invested
in
bank
annuities
or
CJovemment
securities and
mulated. accu-
(2.)Upon
shall
money be
so
the
for
condition the
the
of
such
on a
bond
lawful
Court,
like
in
being fullyperformed, it the order to application,

the
same
deposited or
securities
which
may
have
thereof,to be repaid or invested,togetherwith the accumulation condition of the transferred to the undertaking, or, if such promoters
been
fullyperformed, it shall be lawful to be applied in such as manner the benefit of the partiesfor whose security deposited.
is not
for
the
Court
to
order the been
the
same
it may
same
think may
so
fit for
have
205.
session
"
(1.)If
of
the
as
promoters
which may
of the
be
undertaking
upon
or
any
of their take pos-
Penalty on
contractors, except
aforesaid, wilfullyenter
and
^j'^?""*^',
required to be purchased or hnxAa wiutbout consent, of the Special the purposes Ordinance, without such such consent as aforesaid, or without payment of purchase"*^ having made such for the benefit of the parties interested in the lands or deposit money, the of undertaking by way of securityas aforesaid,the promoters of fortyshall forfeit to the party in possession of such lands the sum of done to such eightdollars over and above the amount any damage of and lands such entry aforesaid, as taking possession by reason such before two to be recoverable penalty and damage respectively
any lands permanently used for
Justices.
(2.) If
unlawful
the
promoters
conviction any
of
in
the such
after
undertaking or any of their penalty as aforesaid, continue

the
tractors, con-
in
of possession
such
lands,
sum
promoters
of
the
taking under-
shall be liable to forfeit the
of
remain so day they or their contractors such penalty to be recoverable the or owner party entitled to the by of comin of action such with petent lands, costs, by possession any Court herein contained that Provided : nothing jurisdiction always of the shall be held to subject the promoters undertaking to the of any such penalties as aforesaid,if they have, bond fide payment and without collusion, paid the compensation agreedor awarded to be
dollars for every ninety-six in possessionas aforesaid,
90
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
promoters of thereto,
of way
paid in respect of
the undertaking
or
the said lands

have
same
to
any
person
whom
to
the be
may
reasonablybelieved
in the
as
entitled
have
depositedthe
interested
the lands
Registrar'sOffice
or
for the benefit
the
parties in respect thereof security

may
Effect of
on
in
made
such
deposit by
such
of
herein
mentioned,
although
person
not
have On
been
entitled legally
thereto.
206.
the
not
the
decision
decision be held
of the
trial of any action for the under Justices
rightof entry.
conclusive of the
the promoters Proceedings

in
case
such penalty as aforesaid, any provisionherein contained shall such lands by to the rightof entry upon as any undertaking.
207.
this
or
"
of of
or
the the
refusal
owner
occupier to
deliver
and
take
(1.)If,in any case in which, according to the provisionsof with, incorporatedthereSpecialOrdinance, or of any Ordinance authorized to enter promoters of the undertaking are upon of the dertaking, unpossessionof any lands requiredfor the purposes
the
owner or
possession of
lands.
occupier
of
such
lands
or
any
other
person
refuses to give up
hinders the or thereof, promoters of possession of the same, the undertaking from entering upon or taking possession it shall be lawful for the promoters of the undertaking to issue their of the to deliver warrant to the Magistrate of the District possession the receive to to the person same. same appointed in suoh warrant of such warrant, the Magistrateshall deliver (2.)Upon the receipt and the costs accruing by reason possession of such lands accordingly, of such warrant, to be determined of the issuing and execution by the and shall be Magistrate, paid by the person refusing to give possession, of such costs shall be deducted, and the amount retained by the promoters of the undertaking from the compensation,if any, then payable by them to such party, or, if no such compensation is payable to such the
party
costs
or
or
if the
the
same
is less than thereof
the
amount
of
such
costs, then
any
such
on
excess
demand,
for that
No of power to
or
shall be levied purpose, No

to
beyond and, by distress,
such
compensation, if not
on
paid
he
shall issue his warrant

at
to application accordingly.
Justice
208.
party shall
the
requiresale
part of lot,
etc.
promoters convey of which does of land, the extent of any house or other buildingor
and able to sell and
transport any time be required to sell and lot of the undertaking a part only of any
not
exceed
one-fourth
of
an
acre,
or
manufactory, if such
the whole
party
is
willing
transport or convey
Portions
thereof.
Small
Eight of
owner
of Intersected
Lands.
of to insist
intersected lands
on
sale.
built upon, are or being situated in a town both to leave, either on as by the works sides or on side thereof,a less quantity of land than half an one acre, and if the owner of such small parcelof land requires the promoters of the undertaking to purchase the same along with the other land of the required for the purposes Special Ordinance, the promoters of the unless the undertaking shall purchase the same accordingly, thereof has other the lands owner adjoining that so left into which be thrown, so as be same to can convenientlyoccupied thercswith ; and if such has any other land owner so adjoining,the promoters of the undertaking shall,if so their own at required by the owner, throw the such of land left into so adjoininglands, by piece expense, the sites thereof,and by soilingthe removing the fences and levelling
209.
cut
If any
lands, not
so
through
and
divided
same
in
sufficient and
workmanlike
manner.
92
No.
the
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
for with the the
in manner provided by this Ordinance Office, Registrar's of the principaland interest, together depositing money,
costs, if any, due on such mortgage, and also,if such payment such before the expiration of six months' notice as aforesaid,
interest
as
is made
further
would
shall
to fit,
manner
at
that
time
become
the
due.
(2.)It they
to
be lawful
and of
as
for
promoters of
for
the
on
undertaking,if
a
think
in
petitionthe
form
pass,
or
conveyance such
the
undertaking,or
of such
Clerk Sworn authority the port translaw, prescribedby necessary the lands so mortgaged to the promoters of direct ; and the Court, if it sees they may
Court
fit,shall grant
costs
be
made
the to petition,and shall award of and shall order payment application, depositedas by the Registrar out of the money the
the company such costs to last aforesaid. all the

to estate
(3.)On
and shall interest
vest
passingof
such
of such in the
mortgagee promoters of
transport or conveyance, and in and mortgagor

the
such
lands
be
undertaking, and
they
shall
entitled to immediate 213.

the
thereof, possession
value of than
Sum
to be
paid where mortgaged

lands than
are
(1.)If any such mortgaged lands are of less and costs secured interest, thereon, the value principal,
"
the
such
lands,
gagor mort-
of
or
less value gage. mort-
in
compensation to be made by the promoters respect thereof,shall be settled by agreement

and
of
the
undertaking
the
between
mortgagee
of such
lands
on
the
one
part, and
the promoters
amount
as
of the
undertaking on the other part. (2.)If the parties aforesaid fail to

value
of
or
agree the
respectingthe
be
amount
of
such
compensation,
so
the
same
shall
determined
of such shall in
in
other
or
cases
disputed compensation ; and

agreed
upon
to
or
value
compensation, being
the his
determined, mortgagee
;
be
paid
by
of
or
promoters
of the
undertaking
the
satisfaction
on
tender
mortgage debt, so far as the same thereof, the mortgagee shall

shall
will extend release such
and,
all his
interest
payment in, and

to
the
mortgagor
transport
or
convey,
as
mortgaged
direct.
tender
lands
the
promoters
Deposit of
money refused tender. when
on
of the
undertaking,or
upon
to
they may
or
214,
"
(1.) If,
so
such
payment
fails
or
as
aforesaid
being
such made, any mortgagor fails

to adduce
a
mortgagee
to
release
his
transport
to
deposit the amount of such value the Office in manner or compensation in Registrar's and for of this Ordinance the depositing provided by money, every such shall be the faction accepted by payment or deposit mortgagee in satisfor
the
good title thereto undertaking, it shall be
the
such convey, satisfaction
in, or the mortgaged lands, or

interest of
the
promoters
of
lawful
them
to
of shall
his full
mortgage
debt,
of
so
far
as
the
same
will from
extend,
all
and
be
discharge
lawful
such
mortgaged
promoters
for the
lands
of the
on
money if
to
due
thereon.
(2.)It they
think
manner
shall be
for
the
undertaking,
sworn
fit,to petitionthe Court

and of the form lands
so
authority
the
Clerk
pass, in
prescribed by law,
to
necessary of
transport or
taking the undermortgaged promoters shall and the if it sees fit, grant direct, Court, may shall award such the costs of such applito the company cation, and shall order of such to be made costs by the payment Registrarout of the money depositedas last aforesaid. such lands ) On the passingof such transport or conveyance, (3. shall become vested in the promoters of the undertaking, absolutely
conveyance
or
they and petition,

as
A.D.
and
1846.]
they shall
COMPANIES'
CLAUSES
AND
POWERS.
[No. 1.
93
be entitled to immediate
that all nevertheless,
rightsand
remedies
the
possessionthereof : Provided, possessedby the mortgagee

mortgage,
in
or
againstthe mortgagor, by virtue of shall other covenant or obligation,

much of the
or
of in
any
])ond
or so
remain not
force
respect of
mortgage debt
as
may
have
been
satisfied
by
such
payment
"
deposit. mortgaged
and if the
215. (1.)If a part only of any such for the purposes of the Special Ordinance, is of less value than the principalmoney,
on
lands
is
so
part
the
required p^^,^!!^^" required part only of

secured
mortgaged
and interests,
not
costs
such
lands,
lands
and
a
the
mortgagee
the
does
consider money
part of such
or
sufficient release
for security
the
remaining charged thereon
is not
willingto
severance
such
of
part, and
the of the
the
required,then the value of to be paid in respect also the compensation, if any, thereof, or otherwise, shall be settled by agreement
part
so
between
motors
mortgagor
and
mortgagee
on
the
one
part,
and
the pro-
undertaking on the other part. (2.) If the partiesaforesaid fail to agree respecting the amount in shall be determined of such value or compensation, the same as of such value of disputed compensation ; and the amount other cases or determined, shall be paid or compensation, being so agreed upon tion by the promotors of the undertaking to such mortgagee in satisfacof his mortgage
the shall
as
debt,
so
far
as
the
same
will extend
and
upon there-
mortgagee
or
shall release convey

to
all his interest
in, and
of the value
the
mortgagor
may
transport
may
so
the
promotors
undertaking, or
whereof
they
direct,all
such
mortgaged lands, the

has
have
been
paid.
memorandum
of
(3.)A
on
of what
such
been
so
the
deed and
creating such mortgage, and

a
shall be shall
paid shall be endorsed gagee, signed by the mortat
copy
memorandum
the
same
time, if
be required, expense, to
furnished
the
by
the
promotors
lands
mortgagor
of the
of the undertaking,at their comprised in such mortgage
deed.
216.
the
"
(1.)If, upon
of the such
amount
value
payment or tender or compensation

fails to
to
so
any
such
mortgagee
or or
of
Deposit of
money refused tender. when
on
agreed
upon
mined, detergagor mort-
mortgagee
release his
interest
in,
the
transport or convey to the promotors of the undertaking, as or they may direct,the lands in respect of which such compensation has been so paid or tendered, or if such a mortgagor fails to adduce
fails to
good
amount
manner
title thereto
to the
it shall
be
lawful
for
the
or
satisfaction of the promotors of the undertaking, promoters of the undertaking to pay the
of such
value
compensation
Ordinance
provided by
such
this
and
payment
a
or
depositshall
be
Office,in Registrar's of depositing money, accepted by such mortgagee in

into
the
for
the
satisfaction of his mortgage

shall be full
discharge of
will extend, and debt, so far as the same the portion of the mortgaged lands so
due thereon. requiredfrom all moneys It shall lawful for the promoters of the undertaking, be (2.) the Court if they think fit, to petition for, and to obtain, transport before hereinand form in of lands the or question,in manner conveyance provided. (3.)On such transport or conveyance being obtained, such lands shall become vested in the absolutely promotors of the undertaking to all right,title, and intei-est therein, and as they shall be
94
No.
1.]
to
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
entitled
immediate
shall have
thereof possession
mortgagee
the
same
powers
compelling payment of the case be, and may

out
not
the the
mortgage
but, nevertheless,every such remedies for recovering or the residue thereof, as or money
;
and
of
the
residue
of
such
purposes been
or
requiredfor
have
the had
and interest thereof respectively, upon mortgaged lands, or the portion thereof of the SpecialOrdinance, as he would entitled of the
to
otherwise
or
for
recovering
of the
or
compelling
payment
thereof
in
upon
out
whole
lands
originally
comprised
Compensation
to be made certain if in
cases,
such
mortgage.
217.
"
respect
mortgage
to
mortgage, paid oif before stipulated

time.
hereinbefore (1) If, in any of the cases provided for with lands subject to mortgage, a time has been limited in the deed for payment of the principal thereby secured, money
the
and,
been
under
provisions hereinbefore
of earlier shall
so
contained, the mortgagee

his
has
required to accept payment

a
thereof, at
the
sum
time
than
to
the such
time
a or part mortgage money, limited, the promoters of so
undertaking
which has
pay
mortgagee,
such
costs
in
addition expenses which
to
as
the
may
been
such
paid off,all
mortgagee
be taxed with in
and of
or
be
incurred
to
by
the
respect
sum so
may
be
in
or
incidental
case manner
re-investment
to
of the and
paid
costs
off,such
of
costs, in
of
difference,
herein
payment
to
thereof
enforced
provided
rate
respect
secured
the
transports
conveyances. (2.)If
the
of
interest
than,
to to
at
the
to
time
of
the
expected
the receive
be
obtained
rate
by such mortgage is higher same being so paid off,can reasonably be the ou regard being had re-investing same,
interest, such
of the
then
current
of
mortgagee
shall in
be
entitled
from
the
promoters
sustained
the
and principal of
interest
hereinbefore
respect
the
loss to be
so
to undertaking, in provided for,compensation of his mortgage by him by reason amount
addition
prematurely paid off, the money to be ascertained,in case of difference, as
being
of
cases
compensation
of
in other
disputed
compensation. (3.)Until payment

as
the promoters aforesaid,

the
of possession
compensation has been made undertaking shall not be entitled to mortgaged lands under the provisionhereinbefore
or
tender
of such
of
the
contained. Lands
Apportionwhere
to subject
Leases.
ment of rent
part
of lands lease
only
under
taken.
(1.)If any lands are comprised in a lease for a term of years lands is required for the purposes of unexpired, part only of which the the rent Special Ordinance, payable in respect of the lands the lands so comprised in such lease shall be apportioned between required and the residue of such lands. be settled by agreement between (2.) Such apportionment may
218.
"
the
lessor and of the

is
not
lessee of settled
such
on
lands the
on
the
undertaking
so
other
by
agreement
the part and moters proif such ment apportionpart, and, the between parties, such
one
apportionment shall be settled by two Justices. After such (.3.) apportionment, the lessee of to all future accruing rent, be liable only for so
may be
so
such much
not
lands of the
as shall,
rent
as
apportioned
the
in
respect
of
the
as
lands
to
required for the

not
same
purposes and as
of
SpecialOrdinance,
the lessee, recovery of such
and
the
lands
against the
for
lessor shall have
all the
rent
remedies
the
portion of
as,
required, rightsand previouslyto

so
A.D.
such
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
95
apportionmeat,
such lease ; and
as
he
had
by
such
all the
to
for the recovery of the whole rent reserved covenants, conditions,and agreements of
amount
force
lease, except with regard
the
of the
rent
to
be
paid,shall
may
same
remain be
in
to
that
part
of
lands
which in the the
not
manner
for the would

in
of the purposes in case have done lease.
SpecialOrdinance, such part only of

last aforesaid
required as they
included
lands had
been
the
219.
from done the
to
Every
him
such
lessee of the
as
shall be entitled
to
receive
Compensation
'^ ^^^^^'
promoters
in his those
required from
of the
undertaking compensation for the damage of the lands of the sevei'ance tenancy by reason of the execution not required or otherwise by reason
such
works,
any
220.
year
to
"
(1.)If
lands
therein
are
in the
as
of possession
tenant
any
or
having no
any interest
greater interest
than
for up
year
person from
Compensation
to
tenant year
to
from year
expiration of his term or compensation for the value in such interest of his unexpired term lands, and for any just or which to him allowance by an incoming tenant, ought to be made he may loss or injurywhich for any and sustain,or, if a part only of
before
the
if such person year, and lands so occupied by him
is
required to give
to
of possession
therein, he
shall
be
entitled
such
required, compensation for the damage done to him in his injuriously by severingthe lands held by him, or otherwise the same. affecting of such compensation shall be determined by (2.)The amount differ about the same. the parties in case two Justices, of such compensation, (3.)On payment or tender of the amount to the promoters of the deliver shall ail such respectively up persons undertaking,or to the person appointed by them to take possession lands m their possessionrequired for the purposes such thereof, any Ordinance. of the Special
lands is
tenancy
221.
claims any may which
having a greater interest than compensationin respect of any unexpired term

If any person
or
as or
tenant
at
will
Production lease in ^^^^^ ^ certain

cases.
of
interest
under
lease
grant of any
person
claim
such
to
lands, the promoters of the undertaking
requiresuch
such
produce
made,
or
the the
lease best
or
grant in respect of
thereof in of his the
in writingby the promoters made ; and such lease or grant, or such best evidence thereof, is not undertaking, produced within twenty-one days, the party so claimingcompensation shall be considered tenant a as holdingonly from year to year, and be entitled to compensation accordingly.
power
be may if,after demand
evidence
222.
Ordinance
The
powers
of the promoters of the
undertaking for
of
the
com-
Limitation
of
pulsory purchase or
shall not if
no
taking
be exercised
and, period,
years from
periodis
the commencement
Special g^^ciseof purposes expirationof the prescribedcompulsory of three powers of not after the expiration prescribed, ^ the Ordinance. of Special
of lands for the after the
the
Interests in
Lands
time
by
after
Mistake
omitted
to
he
purchased.
Power
to
223.
entered
If, at any
upon any
lands
or
Special Ordinance,
were
of
the promoters of the undertaking have of this or the which, under the provisions therewith, Ordinance they incorporated any which may
^j^"/j^^j
to
purchase
iu
autnorized
to
purchase,and
be
permanentlyrequired interests
96
lands omitted
to
No.
for
1.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
be
by
be
mistake
purposes
to
of
the
Special Ordinance,
or
any
or
party appears
to
purchased.
entitled lands
or undertaking,through mistake duly to purchase, or to pay period allowed for the purchase of lands has expired or not, the promoters of the undertaking shall undisturbed remain in the possession of such lands, provided that, after notice of such estate, right, within six months or interest, charge, of the undertaking, is not disputedby the promoters in case the same within six months after the the same is disputed, then or, in case has been right thereto finallyestablished by law in favour of the the of the undertaking shall promoters party claiming the same, and shall also pay to purchase or pay compensation for the same, establish a right thereto, such party, or to any other party who may would have full compensation for the mesne interest which or profits accrued in to such parties x*espectively during the respect thereof the of the between interval undertaking entry of the promoters such of the payment of thereon and the time or purchase money compensation by the promoters of the undertaking, so far as such interest be recoverable at law or in equity; and or mesne profits may be shall such purchase money or agreed on or awarded compensation the and in like to manner provisions of this paid as, according been have the would same Ordinance, agreed on. or respectively the awarded and the promoters of undertaking had paid in case or charge before their entering purchased such estate, right,interest, such thereto circumstances will admit. as near as land,or upon
which
estate, right, any the promoters of
interest the
in
such charge affecting
omitted inadvertence, have failed or the compensation for, then, whether
Mode
of
estimating compensation
for interest lands. in
estimatingthe compensation to be given for any such lastlands, or any estate or interest in the same, or for any the or as or mesne arbitrators, thereof, the assessors, Justices, profits find shall to what to the case assess same be, they according may may and the at have been the value of such lands, estate, interest, profits
224.
In mentioned time such and such works lands lands
were
entered
upon
to
without
regard
promoters
by
not
the
of
any the
by the promoters improvements or undertaking,and
of the
works
as
taking, underin
made
though
the
had
In
been
constructed.
to
Payment
costs of
of
225.
addition
the the
said
purchase
money,
compensation, or
satisfaction, and
before
as litigation
to lands.
absolutelyentitled to any when the for their benefit, the same they shall, merged or extinguished right to any such estate, interest, or charge has been disputedby the of the party claiming the same, in favour and determined company of in equity at law or any proceedings pay the full costs and expenses
for the any
costs
undertaking become promoters of the such estate, interest, or charge, or to have
such
whom of the same to the partieswith or recovery and such thereof have taken in place; litigation respect may the be settled and in same are case by disputed, expenses shall,
determination
the took
Taxing place.
Oflicer
acting
in
the
County
in
which
such
litigation
Lands
Acquired hy
Within
ten
Promoters
of Undertaking, but
thereof
not
required
for
Sale of supfr"
fluous liiiuls.
purposes
226.
within Ordinance
the the
years after the for
period is prescribed, prescribedperiod, or, if no limited the of time by the Special expiration Promoters of the the the works, completion of
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
97
undertaking shall absolutelysell,transport, and disposeof all lands of tliis or tiie Special Ordinance, acquiredby them under the provisions of Ordinance or incorporatedtherewith, but which may not be any for the thereof,and shall apply the purchase money required purposes of the from sales the purposes such to Special Ordinance arising ; lands default all such in remaining unsold and, thereof, superfluous at the expirationof such period shall thereupon vest in and become of the lands adjoiningthereto,in proportion the property of the owners of their lands respectively to the extent adjoiningthe same.
such
a
(1.) Before the promoters of the undertaking dispose of any superfluouslands, they shall, unless such lands are situated in first offer used for building or town, or are lands built upon purposes,
227."
sell the the
same same
Superfluous
lands
to be
offered in first instance

owners
to of
to
to
were
the
person
then
entitled
to
the
lands, if
which
purchase the
lands
same,
or
severed ; or, if such originally after diligent cannot inquiry

to
person be found, then persons
any, from refuses to
lands which
from
the
were
they taken,
like offer shall
be made
the
person
or so
a
to
the
several
to
whose
etc.
persons such lands ; and when more right of pre-emption,such
immediately adjoin the lands being capable of entering into

than offer
one
proposed
contract
be
for the
are
sold,such purchase of
persons in
such be
shall such
person made
as
entitled to such
such
to
succession, one
after
another, in
fit.
are persons after such
order
of
the
promoters
of the
undertaking may (2.)If any.

then,
within
think such
six weeks
desire in that decline such

to
so
behalf to the
if for or offer, purchase such lands, the

; and
purchasing such lands, their signify promoters of the undertaking,or, if they their desire six weeks they neglectto signify right of pre-emption of every such person
desirous offer of sale, they shall
of the
in respect or declining neglecting

cease
a
lands included before

matter
a
in such Justice in
not
offer of the
shall Peace
declaration person offer

not
was
in
writing made
in
was
by some stating that such

within
or
interested
made and
the
refused,or
the
same,
or
question, accepted
the person
six weeks
from
the
time
to
of making
the
that
all the of
or
out
was
or were right of pre-emptionwas persons could after the Colony, or not diligent inquiry be found, or for the purchase of not capable of entering into a contract were
entitled
such
lands, shall
in all Courts
be sufficient evidence
of the facts therein
stated.
228.
If any
person
entitled
to
such
is pre-emption
desirous
of pur-
Settlement
as
of
chasing any such lands, and such person and the promoters of the diflference undertaking do not agree as to the pricethereof,then such priceshall \.^^^^ of such be ascertained and arbitration shall the costs by arbitration,
be in the discretion of the arbitrators.
229." (1.)On payment or tender to the promoters of the under- Transport or of afore determined as so or agreed upon taking of the purchase money conveyance lands such to the purchasers said, they shall transport or convey purchasers, be signed and executed thereof,and such transport or conveyance may seal of the promoters of by any person authorized under the common not a corthe undertaking, if they are poration, a corporation, or, if they are
under
two
the
or
hands
and
seals
of
the
said
promoters
the
or
any
of the
directors
managers
thereof,actingby
so
authorityof
the
body. (2.)A
vest
transport
or
conveyance
executed
shall be effectual
to
the
lands
comprised
therein
in
the
purchaser of
such
lands for
98
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
been
1846.
and the estate, right, title, him. by
interest
which
may
so
have
purchased
Construction
Exercise powers
construct
of Railivay and
Works
connected
therewith.
of to
230. (1.)In exercisingthe Special Ordinance to construct

"
given to the company powers lands the railway and to take
by
the
for that tions restric-
railway to be subject to provisions of Special

Ordinance.
the company purpose, hereinbefore and make in

to the
owners
shall
be
subject to
the
and provisions the
hereinafter contained ; and and occupiers of and all other

or
shall company interested parties
any value
lands
taken
used the
so
for
the
purposes
of
the
all
railway, or
for
tained sus-
affected injuriously
by
lands
construction taken
or
full thereof,
compensation
the
of
such
the
used,
other
powers
and
for
damage
reason
by
exercise
as
owners,
occupiers, aud
lands
parties, by
of
of
the
regards
or
such
of the
this
or
the
Special
in the
Ordinance,
company.
of any
Ordinance otherwise
of such
manner
incorporatedtherewith, vested provided by

this
or
(2.)Except
Ordinance, the
determined
in
where the
the
Special
and
amount
compensation
shall be ascertained
provided determining questionsof compensation with regard to lands purchased or taken of this Ordinance all the provisionshereinunder the provisions before ; and contained of any shall be applicable to determining the amount such compensation, and to enforcingthe payment other satisfaction or
thereof. Deposit of
plans
and of sections book of
hereinbefore
for
railway, with
reference.
be lawful for the company to proceed in the mencement previously to the comrailway unless, two months of such work, a plan,as hereinafter described,is deposited for publicinspectionat the Registrar's Office of each of the several Counties in or the work is proposed to be made, through which maintained, varied, extended or enlarged,together with a book of of the owners reference or containing the names 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 from the work be to or through which every communication may made of public roads, cuts, canals, reservoirs, in the case ; and and section a aqueducts, thereof, as hereinafter described, railways, shall likewise be deposited with such plan. 231.
It execution of the
shall not
Manner which and

are
in
232.
are
With
respect
to
the
manner as
in which
such
plans
four
and
sections
plans
sections be made.
to
be made, be it enacted
follows
of
"
to
(1.)The
plan shall
be
on
scale
not
less than
inches
to
of the whole of the mile, and shall describe the line or situation tained, work, and the lands in and through which it is to be made, mainand varied, extended, or enlarged, through which every communication
to
or
from
line
the
work
may
be made
to
(2.) Where
deviation
it is the from shall
intention of
of the the
company
make
any
lateral
the be
deviation
within
defined
shall whole
an
such where
limits the
upon be marked
proposed woi'k, the limits of such the plan, and all lands included
thereon is upon
;
a
and scale
an feet,
in of
except
than
a
of such
plan
one
all cases, less not
quai'ter of
inch
to every
hundred
additional
plan of any
within the curtilage building, or land yard,court-yard, of any building, of or ground cultivated as a garden,either on any line or included within the original the limits of the said deviation,
100
No.
has
shall which shall
1.]
been
be
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
such
1846
mis-stated
or
and erroneouslydescribed,
certificate
depositedin
lands in
the
be
to
kept
which
Office for the several Counties in Registrar's be situated, and such certificate affected therebymay the such Office along with other ments docuRegistrar's the may relate ; and shall
it
thereupon
to
such
reference,or
such works Deposit ot
schedule
be
be
deemed
lawful
be
corrected company
plan, book according

to
of
to
certificate ; and
in accordance It shall
not
it shall with be such lawful
for
the
make
the
certificate. for the company

two to
plan and
section of alterations
execution
approvedby
the Govemor-
in-Council.
proceed in the railway previouslyto of such Office the commencement work, depositedin the Registrar's in or the railwayis intended of the several Counties through which the original to pass a plan and section of all such alterations from have been of and confirmed and as section, approved by the may plan
234.
of the unless it
has,
months
Governor-in-Council
in
manner same
hereinafter
scale, and
section Deposit of copy of plans,
etc., -with
Government
containing the
the same mentioned, on the originalplan and as particulars,
of the A
railway.
of all
235.
to be
copy
and plans,sections,
on shall, or
books
of
same
reference
ordered
as deposited
aforesaid
before the
day,be
of for the
deposited
Executive
in the
Office of the be
Government
to
Secretaryor
Clerk
Secretary.
Council, to
confirmation
the
so
submitted
the Governor-in-Council for the
it shall not be lawful ; and until the said execution of the work and
company
approval and to proceed in

have been
plans and
sections
approved of
236.
The also the
confirmed.
Receipt and
of rij,'ht of inspection
plans and
sections.
Registrar shall receive the original plans and sections, of alterations, said plans and sections and copies and and shall retain the same, and shall perthereof respectively, extracts mit interested to inspect any of the documents aforesaid all persons and to make copiesof and extracts from the same, on payment by each for every such and such cents inspection, Registrarof fifty person to which cents of fifty for every half hour such the further sum during continue after the first hour. inspection may
and
Use dence
o
as
eviof
237.
c.
True
or
copiesof
correction
the said
plans and
copies alteration
e
thereof,or
p ans,
interested, when
(which certificate the jêgistrar shall be required),

elsewhere,as
evidence
of the In
of reference, of any or therefrom, certified by the Registrar shall give to all parties
extracts
books
received
in all Courts
of Justice
or
contents
thereof.
be lawful referred of for the
to
Limitation of
238.
to deviate
making
from the
the
it railway, of the
on
shall not
company
common
right of
datum
levels in
the
deviation from
datum
line
described
as
railway as section approved

the
same,
to
the
by
the
Governor-
lins described in section.
in-Council,and
any land in
marked in
any
a
extent
exceeding in
consent
place five feet, or,

built continuously of
passing through
two
street,or town, village,

the lands any the
same
writing
the
owners
upon, and
to
feet,without occupiers of the

; or,
previous
in
street
or
which
such
deviation
is intended is affected the
be made
such of of
in
case
public
not
highway
made persons
by
deviation, then
the such
street
or or
shall
or
be
without
like consent control
trustees, commissioners,
other persons,
Peace of the
other
or, if
having
are no
the
public highway,
without
there
which
such of two
street
trustees, commissioners
or more
the in the such
like consent such
Justices
of
the be
or
district without
or
like consent
of any
publichighway may corporation, company,
situated,or
person
affected
by
A.D.
1846.]
:
COMPANIES'
CLAUSES
AND
POWERS.
for the
[No.
company
such
:
1.
101
deviation
Provided
always that
a
it shall be lawful further

extent
or
to
deviate from
as
the said levels to
without viaducts
consent
aforesaid
also, that
by lowering solid eml"anknieuts the requisite heightof headway as

canals notice
Provided,
this the nance Ordi-
Provided, also,that
as
of
: same roads,streets, or of two of obtaining such Justices consent hereinlêfore required fourteen shall, days previous to the meeting such in the be in some Justices, circulating given newspaper
shall be left for
prescriljed by passingunder
County
239.
"
in
which
such
deviation
it shall be
or
alteration
is intended
to
be made.
make
(1.)Before
lawful
for the
company
to
any
Notification
town, village,to be made greater deviation from the level than five feet, or, in any built upon, two feet, after having obtained n^^kin"^ street,or land continuously neater
such
consent
as
it aforesaid, such least
shall
be
incumbent
twice
on
the
company in
to
deviatimi.
give
notice
once
of
at
intended
in two thn be
deviation
or
serted by public advertisement, inat
circulatingin
is intended
to make
to
newspapers, district or
least
one
paper, news-
made
neighbourhood where twenty-one days at least
such before
ation devimencing com-
such
deviation.
of such lands prejudicially (2.)It shall be lawful for the owner of making thereby,at any time before the commencement the deviation, to Council, after giving ten apply to the Governor-in to decide whether, having regard to days'notice to the company, the interests of such such proposed deviation is proper applicants,
affected
to
be made.
(3.)It
thinks
the either
shall
be
lawful
for
the
to
Governor-in-Council,
either the may
to
if
he
to decide such fit,
and questionaccordingly,
or
disallow
to
making of simply or
such with
deviation
any
authorize
as
making thereof,
seem
such
modification
has been
proper
the Governor-in-Council.
(4.)After
Council, it
such
decision be lawful
such
given by
to
the
Governor-insuch deviation
shall not
for the company
make
except in conformity with 240.

arch the
or
decision.
is intended
as
Where
arches
or
in any
placeit
viaduct
to carry
on
the
other
marked and
the
a
said
tunnel any
railwayon an Making plan or section, etc.,

as
of
arch,
mai-ked section,
same
shall be made
accordingly ;
as
where
is marked the place, that

same
on
oj. ^-^^^^
the said shall
plan
or
section
intended
to
be made
owners, to
at
be made
shall not
unless accordingly, such

so
the
lessees,or occupiersof
consent
the land in which

same
tunnel
is intended
be made
the
be
made. be lawful
for the
or to deviate from company deother engineeringworks
241.
alter
s
It
shall not
Limitation
of
the in
bribed
and
under
gradients, tunnels, or curves, the said plan or section, except within the following conditions,that is to say,
to
right of
from in
deviation described
the
"
following hmits, gi-adient, etc.,

phm deposited
or
(1.)Subject
shall
the above for the

the
provisionsin regard to altering levels,it

company
to
section.
be
lawful
diminish
the inchnation
or
of gradients
inclination
an
or
inchnation
railway to any extent, and to increase the said that is to say, in gradientsof gradientsas follows, not not exceeding one in a hundred, to any extent
further
to extent
exceedingten feet per mile,or to any be decided by the Governor-in-Council and not to publicsafety, prejudicial
of grcidients
VOL. I.
or
which
with
; and
be
consistent
may the in
to
the
public interest
of
one
exceeding the inclination
in
hundred,
t)A
102
No.
1.]
any
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
extent
not
extent
authorized
;
exceeding three feet by such decision as

for the said company
further to any per mile, or of the Governor-inaforesaid
Council
(2.)It
curve
shall be lawful
to diminish
the which
radius shall
described
of
not
in the
plan
a
to
any
extent
or
of any leave a
radius
less than such
half
mile,
as
to
authorized
by
; and
decision
for the
aforesaid
further extent any of the Grovernor-in-
Council
(3.)It
on
shall be lawful said of

a
company
to
make
tunnel
not
a
marked
viaduct
the
instead
of a cutting, or section, instead aforesaid if authorized solid embankment, as
plan
or
by
the
such
decision of the
Limitation deviation of from
Governor-in-Council.
for the company than
a
242.
delineated
It shall
on
be lawful
to
deviate
no
from such
line
right of lateral
line delineated
the
to
a
plans
said
so
provided deposited,
the
to
that
deviation
neated deli-
shall extend upon

a
greater distance
limits
of
deviation
deposited plan.
on
the
plans, or
extent
greater extent, in passing through

upon, than four
ten
town,
the made
or village,
lands
continuously built
than the
one
yards,
or
elsewhere from
not
or
to
greater
thousand
means
hundred
yards
be
said
to
hne,
extend
and
that the
railwayby
of any
of such whether books
deviation
owner,
into
name
lands
whose occupier, the has
is not in
mentioned
person, in the
lessee,
name
of
reference the that
without of such omission

or
previous consent
been
person
omitted
mistake
writingof such by mistake,

has
person, the and in
unless fact
manner
such
proceeded from
said No books
been
in
certified
cases
herein,
errors
in the
SpecialOrdinance, provided for

of reference. which
of unintentional
in the
Amount of
243.
authorized
part of the works

to
capitalto be deposited before

works commenced.
be executed satisfaction
shall
by the may be undertaken or

the company
Special Ordinance
commenced
a
be
it is
until
sum
proved,to
to one-tenth
the
of the
Governor-in-Council,that
has
of the
of proposed capital
been
a
equal actually
for
invested the
in
good
and the
available
work
or
securities,or
depositedin
mentioned
in
bank,
the
prosecution of
undertaking
Special
and
the it
Ordinance.
General of works. powers
244.
Subject
to
the
provisionsand
in any Ordinance the
restrictions
in
this
constructing
Special Ordinance, and

shall be lawful
or railway,
incorporated therewith,
purpose of
the
for company, accommodation works any

or
for
the
constructing
is to say,
"
the
connected
therewith that
hereinafter
mentioned,
to execute
of the
construct
followingworks,
(1.)It
under, or over in, upon, across, lands, roads,dams, railroads, streets, hills, valleys, any any or tramroads, rivers,canals, trenches,brooks, streams, or other
may make
or
waters
within
said
the lands
books of
described
in
or
the
said
plan,or
mentioned
thereof, such reference, any inclined or tunnels,embankments, temporary permanent planes, aqueducts, bridges,roads, dams, ways, passages, conduits,drains, and fences as it may think piers,arches,cuttings, ; proper alter the course of any rivers not navigable, (2.) It may brooks,
connection
in
the
streams, or water-courses, and of any such branches not being themselves
branches of navigablerivers, and of any roads, navigable, the purpose

or
dams, streets,
and works
over as or
or
ways
within
such
lands, for
divert of any
or
of
structing con-
maintaining tunnels, bridges,passages,

under
other
porarily tem-
the
same,
and
alter, as
rivers
or
well
permanently, the
course
such
streams
A.D.
of of
1846.]
COMPANIES'
GLAUSES
AND
POWERS.
[No.
sink
1.
103
water, roads, dams, streets,or ways,
or
raise
or
the
level in
or
such rivers or streams, roads, dams, streets, or any order the more over or conveniently to carry the same
it may as by the side of the railway, drains conduits It make or (3.) may lands adjoining the railway,for the from It (-1.) and
or
ways, under
think
proper of
;
or
into, through
purpose
under
any
water
conveying
to
the railway ;
erect
may
other
think may
; and
houses, warehouses, offices, engines, yards, stations,wharfs, stellings, buildings,

and
construct
such
machinery, apparatus,
may
and
time of
other
works
and
conveniences
as
it
(5.)It
stead
proper ; from time works

or
to
mentioned
any
discontinue the beforeor alter,repair, others in their substitute and them,
for making, maintaining, do all other acts necessary (6.)It may the and or railway; altering, using repairing,
Provided
SpecialOrdinance
can
always that, in the exercise granted,the company
of
the shall
powers
do
as
by
little
this
or
the
as
damage
in the herein and in manner full satisfaction, be, and shall make incorporatedtherewith, provided, SpecialOrdinance, and in any Ordinance for all damage sustained to aU parties interested by them by of the exercise of such
reason
powers.
245.
creeks many
Colony is intersected by divers interceptingand breaking the communication parts of the Colony to other parts thereof
Whereas
the
lai-gerivers
and
from
Connexions
by
'
by
:
land
over^rivers
or
Be it
it therefore
sees
or
creeks,
enacted
establish
that
a
it shall
be
lawful
for
on
the the
which
company,
if
to fit,
railway, commencing
bank
the
on
bank
of the
river
creek
opposite to the or railways by

terminate
or
or
near
to
Special Ordinance
part of the railway any be made authorized to may
and to connect such railways by bridges,boats, or expedient by propelled by such power as may be deemed between which such the company, and railways,the communication shall be such of be kept up by means boats, or vessels, bridges, may all to and the to be one same considered and deemed railway,subject the Special contained in this or the rules, regulations, and provisions therewith. Ordinance in Ordinance or incorporated any
end,
vessels to be
246.
Every
out
J
person
T i-
who
company
^1
obstructs wilfully
in
-1
the authority of the
the
or
lawful
n
person any exercise of

or removes so
acting under
its pcTwers any in
or
Penaltyfor
obstructing
^^
setting
stakes of the
the
/i
line of the
railway,
or
pulls up
poles
same
setting out of î railway,

etc
driven
into
or
the
ground
such
for the purpose
of marks
a
setting out the line

made
sum
railway,
shall
defaces every
destroysany
offence
for the
not
purpose,
for
forfeit
exceeding
twenty-fourdollars.
Temporary Occupation oj
247.
Lands
near
Railway during
in the
at
Construction
thereof.
and
Subject to
the the
the
herein provisions
lawful for the the
Special Ordinance
time before for
Power company
to to
contained, it shall be expiration of completion of road, being a
period by
railway, to
or gravelled
any SpecialOrdinance company upon and with

use
the the hard
limited
tempoVarilv
"^^t'liii'^^^^'""i
enter
any
existing private private lands

or
road
formed
stones
oth'T
104
distance
No.
from
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
road,
materials,and
or an
not to
being an
any
are
avenue,
or
planted
the
or
ornamental
etc. railway,
approach
or, if
no
mansion
house, within
of the
prescribedlimits, if
any,
limits from
to
not prescribed, centre
yards plans; and leadingto
distant
the
make
sea
tramways
coast
five hundred than being more the delineated on as railway, road or private along any public
the
for the purpose material for of the
or shore, or to any river, creek, or canal, shells, sand, caddy, or other obtaining therefrom the ments embankand consolidating constructing, repairing,
of
railway
uses
Provided
such
any its intention lands the

over
with connected railway,or for any other purpose enters always that, before the company upon existingroad, it shall give twenty-one dajs' notice
to
the
or
of the
the the
owners same
and
occupiers of such
road
and notice
of
which
time
during
such of for of
which and the the money
occupy
such
road,
such and shall in passes, which for the purposes and the shall pay to owners and
state to
it
intends
occupiers of
road, and compensation

a
lands
use
through
and
which of
the
same
gross
sum
agreed upon
company shall be
not
to
between
in
case
; or,
such occupation instalments, as by half-yearly may and and such owners occupiersrespectively the the about compensation, they differ
or
passes, such road, either in
be
the
same
settled
by two exceeding two
Justices,in
hundred and
the
same
manner
as
any
sation compen-
fortydollars
is herein
directed
be settled. 248.
Power
owners
to
"
(1.)It
and the
to
shall the
be
lawful
over
for the
which
owners
and
same
and of lands
such
road
after
of
lands of the
the
occupiers
road
or
days
the the
service
aforesaid notices, by
any ten passes, within notice in w^ritingto
of occupiers
pro25osedto be taken to object

that
or
company,
object to
other
for the
other
road
ground
to
more
that
use
lands
ought
authorized
would be
making use company the company as roads, such that or aforesaid, purposes
used for the
same.
the
of such
road,
on
is hereinbefore
some
public road,
to be taken.
to fitting
be
(2.)On
be
any
such
objection being made,

mentioned
in with
had
as
are
hereinafter the company,
respect
occupiedby
in
respect of which
such
proceedings may temporarily twenty-one days' notice

to
such
lands
is hereinafter
required to
road and the
be
to
the
provisions relative
"
given, and in the same the proceedings,

over
manner
as
"
if,
or
word
road
"
the
case
words
may
"
land
which in
the
same
require, had
been
substituted
such
as passes," provisionsfor
the the
word
lands."
to company take temporary
249.
"
(1.)Subject
to
the
provisionsherein
be
lawful for the
and
in
the
at
Special
any time limited
Ordinance before the for the
contained, it shall
company,
d^ certaLnT^
without
previous
etc.
expiration of the period by the Special Ordinance completion of the railway, without making previous any within the prelands to enter payment, tender, or deposit, payment, upon any scribed than not limits,or, if no limits are prescribed, being more two hundred neated deliof the railway as yards distant from the centre the plans, and or on not a orchard, plantation being garden, attached or belonging to a house, or a park, planted walk, avenue, the mansion or to ground ornamentally planted, and not being nearer
house
or,
of the
no
owner
of is and
any
to
such
lands
than
not
the
prescribeddistance,
than
so
if
distance
prescribed, then
the
nearer
five
as
hundred may
yards therefrom,
necessary for the of the accommodation or
occupy construction or works
said
lands that
long
be
repairof
portionof
therewith
connected
the railway, hereinafter
A.D.
1846.]
and
COMPANIES'
to
use
CLAUSES
same
AND of the
POWERS.
[No.
1.
105
mentioned,
is to say,
"
the
for any
followingpurposes,
or
that
(a.)For {b.)For (c. ) For
the
purpose
;
or
of taking earth
of
soil
by
side
cuttings
therefrom
the the
purpose
purpose
or as
construction works
thereon ; or depositing spoil obtaining materials therefrom for the of such accommodation or repairof the railway, of
or
aforesaid ;
of
{d.)For
(2.) In
the such
and
the
purpose
forming
roads
thereon
to
or
from
or
by
for
the side of the the exercise

to
railway.
of the powers also to kind
out
it aforesaid,
shall be lawful
company
also to
and deposit, of every

take from
manufacture
in
and
work
upon
lands, materials
used of any
dig and
or
constructingthe railway, such lands any clay, stone,

found therein roads
as
gravel, sand,
proper
for
for other in
things that may constructingthe railway or

other
purposes
be
useful
or
and,
and
the
buildings of
or
aforesaid, to a temporary
shall any, lands or may
such any thereon erect

nature
:
aforesaid, workshops, sheds,
Provided
always
from
an
that
nothing
this Ordinance
other
exempt
the
in
company
action
for nuisance hereinbefore than

the
if injury,
to
done,
be
so
no
the exercise
of
or
of the person,
powers
other of the
given,
:
the
habitations taken
stone
person
whose
lands
any used
for any
purposes
or
aforesaid
Provided
also,that
or
other like
Ordinance,
therefrom
taken
or
purposes
which at the commencement Special place, materials worked used for or getting commonly may for the purpose of selling of the same, shall be or disposing used by the company, either wholly or in part, for any of the hereinbefore mentioned. lastly be
slate quarry, of the
field, brick-
250.
or or
"
(1.)
In
case
for
side
cuttings, or
such lands are required for spoilbanks any for the construction for obtainingmaterials
Giving notice
in certain
cases
shall, before entering thereon repair of the railway,the company in the of the accident to case railway requiringimmediate (except possession and in writingto the owners notice reparation), give twenty-one days' of lands. the same for to enter occupiers of such lands of its intention upon such purposes the said lands in case are required for any of the ; and the company hereinbefore shall (except in the mentioned, purposes cases give ten days' like notice thereof. aforesaid) shall,in any such notice, state the substance (2.) The company of the provisionshereinafter contained respectingthe right of such to owners or purchase any such occupiers to require the company lands or to receive compensation for the temporary occupationthereof,
as
previous to taking temporary
the
case
may
be. said
notice
or
(3.) The
owners
shall either
be
served
occupiers, diligent inquirybe found, and, in case any such owner from is absent cannot after diligent the Colony or inquiry be found, shall also be left with the occupier of such lands, or, if there is no such some conspicuous part of such occupier,shall be fixed upon
such
can
and
left at their last usual
personallyon place of abode,
such if any
after
lands.
251.
"
hei-einbefore
in which (1.) In any case be to given, it required
notice
of twenty-one
for
ten
days
owner
is Power
or
to
o\viier
shall be
lawful
the
i|j*n(js'^''
to
occupierof
the
lands
therein
service of such
notice,by
to, within notice in writing to the referred
days
after the
to
be taken
to
company,
that other object object
106
lands
No.
ought to
1.]
company
THE
LAWS
OF
of
BRITISH
GUIANA
[A.D. 1846.
to the
making
be
use
such
be taken.
the lands
or thereof,
proposed to
owner
taken
for the
of the materials in order
contained
to to to
lands, either on the ground that aforesaid,or some part purposes therein,are essential to be retained
on
by
such
the
beneficial
or
lands
belonging
or
him,
those
the
enjoyment of ground that
other other
bouring neighlands
be more proposed to be taken would lying contiguous by the company. fittingto be used for such purposes be being made, such proceedings may (2.)On any such objection
near
had
Power Justices order taken. shall not to
to
as
are
hereinafter
mentioned.
such
252.
"
(1.)If
any
objection is
to
on
the
ground
of
that
the
lands
tained con-
that lands be
proposed to
in order to by the owner lands the beneficial enjoyment of other neighbouring belonging to him, the it shall be lawful for any Justice, on applicationof such owner,
be taken, or some therein, are essential
part thereof, or
be retained
the
materials
to
summon
the not place to be said notice. of the twenty-one days' expiration its absence, on of the company, or, in (2.)On the appearance tices lawful for such Jusbe shall of it due the of service proof summons, and if it of truth of such to inquireinto the ground objection, be stated in that for such Justices to to seme specialreason, appears hereinafter mentioned, the lands the order so proposed to be taken, such time
or
to appear company in the summons, named
the
before two
Justices, at
time
and
being later than
to
any be
part thereof,or
retained
of the
owner
materials of such
contained lands in
are thei'ein,
essentia]
by
the
order
to
the beneficial
enjoyment
not
therefore to be
such
so
for
lands
used
contained
neighbouringlands belonging to him, and ought used by the company, it shall be lawful or Justices, by writing under their hands, to order that the proposed to be taken, or some part thereof,or of the materials in such order, shall not be taken or therein,to be specified
of other
taken of
or
by the company. (3.)After service

for
owner
such
use,
order without the

or
on
the
company,
it shall in
not
be
lawful of the
it to
take
the
previousconsent
or
thereof, any
not to
of take
lands
use.
materials
writing which, by such

other
order, it
Power order lands taken. to to other to be
is ordered
253.
"
(1.)If
any
to
such
Justices
lying contiguous and in quantity,

use
is on objection those proposed to

as
the
ground
that
lands
for the
the company, other lands

for
summon
company be more aforesaid,would fittingto be used by purposes and if in such case the company refuses such to occupy in lieu of those mentioned in the notice,it shall be lawful
on
such
the
be taken, and being sufficient is -hereinbefore authorized to
any
to
Justice,
the
the
of application the
owners
a
such and time
owner
or
occupier,to
such be other named after
to
company,
and
occupiersof
and than from
lands
appear in the summons, such such application or

summons.
before two
time less
Justices,at
not
place
fourteen the
being
seven
more
days
of
than
days
service
the
(2.)On
of them, such
on
the
proof of
to
of the parties, or, appearance due service of the summons,
in
the
absence
of
it shall be
lawful shall
any for be the
Justices
determine and
the
summarily
purposes the same last
which
of the
said lands
to
used
by
the
company
for the
use
aforesaid, and
authorize
company
Power Justices
suininon
to occupy
accordingly.
it appears lands of
to such
to
to
254.
other
"
(1-) If,in
case
mentioned,
upon
the
inquirybefore
them,
that the
any
other
Justices, party not
108
No.
estates
1.]
or
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
interests
therein them time
as, to
under
the
hereinbefore provisions
tioned, men-
would
the
enaljle
at any
sell and the
transport
or
or
convey
any
lands
to
by
company the company,

to
during
such
of possession
such
lands
and from
a
before
the
owners
compensation
serve
notice
in company in writing
occupiers have accepted pation, resjiect of such temporary occuon
the
purchase the said lands, or the estates and interests being sold and conveyed by them respectively.
(2.) In
amount
requiringit to comîany, therein capable of

the the
such
notice, such
their
owners
or
or
of particulars of be bound therein
such
estate
interest
occupiers shall set forth in such lands, and

and
their claim
to
and the company in respect thereof, the said lands, or the estate purchase
shall thereupon interest
capableof
such
and being sold, transported,
conveyed by
the
parties
serving
Compensation
to be made for tempoi-ai7
notice. of the
259.
takes
or
In
any
cases
aforesaid, where
the other of
company
cases
is where
not
required to
in
occupation of
lauds.
purchase such lands, and in all temporary possessionof lands by virtue the Special Ordinance granted, it shall
within
one
it
the
powers
herein
on
be
incumbent
the
such lands, upon entry upon being requiredto do so, to pay to the occupier of the said lands the value of any dressingthat may be thereon, as well as full crop or which he compensation for any other damage of a temporary nature of its so taking possessionof his lands, and also, sustain by reason may from time to time during its occupation of the said lands, to pay halfof the lands, as the case yearly to such occupier or to the owner may the fixed in be rent to two Justices, case require,a partiesdiffer, by after it has ceased and also, within six months to occupy the said lands, and not later than six months after the expiration of the time by the company, month after its
completion of the railway,to pay to Office for the occupier, deposit in the Registrar's benefit of all partiesinterested, as the case require, compensation may for all permanent other loss, or damage, or injurythat may have been sustained by them of the exercise, as by reason regardsthe said lands, of the powers herein in the Special Ordinance or granted, including the full value of all clay, stone, gravel, sand, and other things taken SpecialOrdinance
owner
limited
for the
or
such
and
from
such
lands.
Power company
enter
to to
upon
adjoining lands to repair accidents,etc.
and for the public safety, also for the of for the public in state a efficiency railways proper have the power in case of service, that railway companies should accidents or slips happening or being apprehended to their cuttings lands and embankments the other works, to enter or adjoining upon of repairingor their respective railways for the purpose renewing for that the and of doing such works be necessary as same, may
260.
Whereas
it is essential of
maintenance
to empower any railwaycompany, slip happening or being apprehended embankment, or other work belonging to it,to enter of repairingor adjoiningits railwayfor the purpose
Be it : purpose Governor-in-Council
or
therefore
enacted
that
it shall
be
lawful in
to
case
for
the
of any
accident
any any
cutting,
lands
upon
preventingsuch
for the
lawful
as
accident,and to do such Provided always that, in
works
case
as
of
necessary it shall necessity, may
be
be
purpose for any
railwaycompany
without
to enter
having
obtained
upon such lands and do such works of the the previous sanction
case,
aforesaid,
in-
Governor
Council
; but in every
such
such
railway
company
within shall,
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
Governor-in-
1.
109
hours after forty-eight Council specifying the

and of the works
such
nature
entry, make
of such
report
or
to
the
accident
apprehended accident,
powers shall
cease
determine
such to be done, and necessary after if the Governor-in-Cuuncil, that their exercise such the works
nature
and said
considering the
report, declare
is
safety:
the said accident
and such
Provided
Avill admit
also, that
as
for the public not necessary shall be as little injurious to the accident all
or apprehended possible despatch, and occupiersof sustained by them
adjoininglands
of
of,and shall be executed with full compensation shall be made to the owners
lands for the
reason
loss of
or
injury or
such
inconvenience
amount
respectively by
in
case
works, the
of
which
tion, compensa-
disputeabout the same, shall be settled in the same of disputed compensation are hereinbefoi-e directed to manner as cases be settled : Provided,also, that no land shall be taken permanently by without from the such works for authority railway any company any
of any Governor-in-Council
as
hereinbefore
mentioned. the
261.
shall the
The
amount
and
in
of application
purchase money
of the
cases
and
other
Ascertainment
compensationpayableby
be determined
and
amount
manner
in any the company hereinbefore
last
aforesaid, jôn'e^ôr^^
compensation,
taken
under
the
of the application of this Ordinance. provisions
provided for determining compensation to be paid for lands
Taking oj
262.
the
same
Lands
for
for
the
Additional
Stations,etc.
addition
the
to
It shall be
to
lawful
authorized
be
taken compulsorily
to contract
in company, under it by with
the of
to
lands
this
or
Power company
to to
powers
not
Special Ordinance, any party willing fQi- additional for the purchase of any to the railway, stations, lands adjoiningor near etc of in the number for whole the ordinary extraexceeding prescribed acres,
purposes, that is to say
:
"
sell the
of making and (1.) For the purpose providing additional stations, and of yards, wharfs, stellings, places for the accommodation and and for or loading d epositing, unloading receiving, passengers, the goods or cattle to be conveyed upon railway,and for the erection of weighing machines, toll houses, offices, warehouses, and other buildings and and conveniences ; way, roads or ways to the rail(2.)For the purpose of making convenient which convenient be other or o r requisite any may purpose for the formation of the railway. or use
Crossingof Roads,
263.
If the
or
other any
Interferencetherewith.
Crossingof
roads.
turnpike road or public highway, (except provided by the Special Ordinarce), the railway, or the railway shall either such road shall be carried over of of be carried such road the height and a over means by bridge, ance width, and with the ascent descent, by this or the Special Ordinor in that behalf provided ; and such bridge,with the immediate works connected and all other therewith, shall approaches, necessary railway
crosses
then
where
otherwise
be executed, and at all times thereafter maintained at the company : Provided always that, with the consent Justices
to
as
the
expense
or more
of
of two
for the
hereinafter
mentioned,
any
it shall
be
lawful than
company
carry
on
the
railway across
highway, other
public carriage
road,
the level,
110
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
public carriage
times
Crossing of road
on
a
264.
road
on
If the
a
level.
railway
crosses
the level, sufficient

same
company
any shall
turnpike
erect, and
road
at
or
good
where persons
and the
to
gates
across
such
communicates and
across
maintain, road, on each side of the railway shall therewith, and employ proper
all
open time
shut such
such road
gates, and
on
such
gates shall
constantlyclosed
during
the such
same
both
sides
or
of the
be kept railway,except
the
when
to
horses, cattle, carts,

cross so
carriages passing along

such
may dimensions and
have and
such
railway, and
as, when
gates shall
be
of
constructed
horses
or
railway
such
prevent
the
cause
cattle the
to
closed,to fence in the passing along the road from

with
as
entering upon
cattle, carts,
or
railway ;
the
and
gates shall
of ten
sâme
entrusted person be closed as soon
the such
care
of
horses,
under
a
carriagesmay
dollars for every
for the
have
passed through
therein
:
the
same,
penalty
he may
default
Provided
in any such
case
always
in the road shall
to
that
it shall be lawful be
it will be
more
which
satisfied that
the
conducive
that any such
case
public
should
safetythat
be
so
gates
on
any
level
crossing over
order
; and
the railway, to kept closed across the road closed,instead of across the be kept constantly closed across carriagespassing along the railwav and under manner road, in the same with
gates
when
be kept
in such
such
gates shall
railway,except
may the have like
engines or
to
cross
occasion
such
penaltyas
herein
directed
respect
to
the
gates being kept closed
across
the road,
level
Crossmg of public road
265.
to
a
Where
the
railway crosses
on
any
publicroad
shall be made
on
adjoining
their
same
station, all trains greater

rate
to
the such
railway
four and time
to
slacken
cross
adjoining
station.
speed before
at any
arriving at
of
publicroad, and
miles
an
shall not hour
the
speed than
rules
to
; and
the
shall be
subject
may
all such from
regulationswith
be
made
regard
the
company to such
crossings as
Council. Eegulationsas
to
time
by
Governor-in-
266.
Every bridge to
over
be
erected
for the
where
construction
of
bridges over
railway
that
any
road
shall, except
purpose otherwise the
roads.
SpecialOrdinance,
is to say,
"
be built in
conformitywith
shall than
of carrying the provided by the following regulations,
(1.)The
clear
a
width space and
of the of
not
arch
less of
be
such
as
to
leave
thereunder arch is
over
feet, if the thirty-five

over
a over a
turnpike road,
clear
and
feet, if twenty-five
arch from
public carriage
;
road,
of twelve
feet,if
the
private carriageroad
the
surface of twelve
a
(2.)The
not
height of
of
the
of
road
shall arch
be
over
less than
a
sixteen
feet for and
turnpike road, a road, and, in over publiccarriage the at springingof the arch height
is feet ; (3.)The clear
a space fifteen feet for
feet,if the
ten cases,
space
feet,if
clear
each shall
of such
not
the
be
less than
twelve be
height of
the
over
arch
a
for
space
of nine
feet shall not

; and the same
less than
fourteen
feet
road privatecarriage
under (4.) The descent made in the road in order to carry than foot in thirty feet, if the the bridge shall not be more one a turnpike road ; one foot in twenty feet, if over bridge is over foot in sixteen feet, if over a a public carriage road : and one railroad ; or, if the or piivatecarriageroad, not being a tramroad
same
is the
tramroad
or
than
rate prescribed
the descent railroad, of inclination, and,
shall if
no
not
be
greater
rate is
prescribed,
A.D.
1846.]
the
same
COMPANIES'
CLAUSES
AND
POWERS.
at
[No.
ment commence-
1.
Ill
shall not
be
greater than
as
it existed
the
of the
SpecialOrdinance.
Begulations
to
as
267.
in
shall, except
the railway Every bridgeerected for carrying any road over oLhervvise provided by the Special Ordinance, be built as that is to say, regulations, conformity with the following
"
construction
of
bridges over
railway.
(1.) There shall be a good and sufficient fence bridge of not less height than four feet,and immediate bridge of approaches of such
feet;
on on
each each less
side of
side than of
the
the
not
three
(2.) The
the bridgeshall have a clear space between if road is the a feet, tliirty-five turnpike road, and feet,if a publiccarriageroad, and twelve feet,if twenty-five a private carriageroad ; and than one foot in thirty feet,if the (3.) The ascent shall not be more road if is a turnpike road ; one foot in twenty a feet, public road
over
the
fences
thereof of
carriage road
road,
road
not
or
; and
a
one
foot
or
in
sixteen
feet,if
private carriage
is
a
being
tramroad
ascent
railroad shall
not
no
railroad,the
rate
; or, if the same be greater than rate at
tram-
the
scribed presame
of inclination,
as
and,
if
is
the prescribed,
commencement
shall the
not
be greater than
:
it existed
the
of
Special Ordinance
Provided width for
always that,
the passage of
in
all
cases
where
the
average the width
available
within
of carriages
same
yards of the points of crossing the befoi-e prescribed for bridges over such bridgesneed not be greater
such in
any is less than under such the
existingroads
fifty
of of
hereinwidth width
and than
the railway, available
average
roads, but
case
so,
a
nevertheless, that
or
the
:
of
turnpike road
available
width
bridgesbe not of less width, public carriageroad, than twenty
such
feet
at Provided, also, that if,
railway, the beyond the

company of the said
average available
of the any time after the construction width of any such road is increased of such bridge on either side thereof, the its
own as
shall
bound, at bridge to such

be
or so
extent
the width to increase expense, it may be requiredby the trustees, such
commissioners,
width the of such road
as
surveyors
of
or
road,
not
exceeding
herein
or
the in
widened
the maximum
width
for a bridgein the like case over or SpecialOrdinance prescribed under the railway : Provided, also,that if the mesne inclination of any road within and hundred two fifty yards of the point of crossing the
same, to
or
the
inclination
for which
of
such another
portion
road
such
or
of
be altered,or
the company may of the
construct
is be
road as may require any is steeper than substituted,
the inclination
then
or
hereinbefore
required to
preservedby
over or
the company,
the
may carry any such altered the said

mesne
road
under
at
so an
railway, crossed,
road
is
substituted
road
inclination
to be
not
or
steeper than
road
so
inclination of the road

be altered,
or
requiringto
for which
another
substituted.
268.
"
Ordinance
(1.)If,in the granted,it is
exercise of the powers

found
by
this
cut
or
necessary
to
cross,
sink, or use any part of any road, whether carriage road, horse road, intei-fered tramroad, or railway,either public or private, so as to render it inconvenient to pasimpassable for,or dangerous or extraordinarily sengers, entitled or to the persons or to the use carriages, thereof,the of any such shall, before the commencement operations, company
of new Special JIakiiig road before raise, through, road
the
existing
with.
112
No.
1.]
a
THE
LA
WS
OF
BRITISH
GUIANA
road such
[A.D.
to
1846.
cause
sufficient
road
to
be made
own
instead
of the
be
interfered road
so
with,
in
a
and
shall, at
as
its
expense, passengers
as
maintain and
substituted
the
state
convenient
as
for
carriages as
sufficient
road
interfered
made
with, or
nearly so
may
cause
be.
another such road
to
(2.)If
so
existing road as aforesaid, any such for every it shall forfeit ninety-six dollars day during which has been cepted intermade after the existing road road is not substituted such penalty shall be recoverable, with costs, by ; and every
action in any If Court
does the company not with it interferes before
be
of competent entitled
jurisdiction.
to
a
Right of action
of person
269.
that before person the
suti'ering by
interference with road.
interfered
any with
person by the
company
company fails to cause with the
suffers
road right of way over any any specialdamage by reason sufficient road
to
so
another
be made
for such the
pany, com-
it interferes
to
recover
the
amount
existing road, it shall be of such special damage

in any has Court of for
lawful from
with
costs,
so
by
action
competent
such any
and
to
or
do
whether
not, and
same.
any without
person
sued
the
jurisdiction ; said penalty as aforeperson

to
sue
prejudiceto
right of
be
same
for the
Period of road mterfered witli. for
270.
with
to
was as
"
(1.)If
a
the road
and
use
so
with interi^'ered of the the the be
can
restored
shall the time
compatibly
be
restoration
the formation
railway, the
same was
restored when
as
good
condition with
as
in
or
as
at
it
first interfered if such

use
by
cannot
be ; and and
road
company, restored
near
thereto the
new
compatibly with
shall
cause
may formation
of the
to
railway,the
be
as
company,
a
the
or
stituted sub-
road
put
the
into former
permanently
road,
road
as
substantial thereto restored
condition,
as
or
equallyconvenient
will road within road the has
or
or
as
near
stances circumthe may
allow
put
the former ; and into such condition
shall be
stituted sub-
followingperiods after
been other
the the
the as aforesaid, first operation on
case
be,
veyors, sur-
the
former
be the say, is
commenced,
persons under
case,
unless the
having
their within
trustees, commissioners, of the road to management

consent
to
an
restoi'ed, by writing
and period, if the
aot
a
hands,
such
extension
of
in is
such
a
extended three
that period,
is to
road
public road, within

months.
not
so
months, and, if the

the
or
road road
publicroad, within six (2.)If any such road is completed as aforesaid within
fixed for that
restored, or
substituted
in the
so
the
periodsherein
dinance Special Or-
purpose,
the
or
commissioners, surveyors,
of if
a
the
road
interfered with
such the
shall forfeit to the trustees, company other having the management persons if a publicroad, or, by the company, for
private road, to the ow^ner day after the expiration of

such
thereof,twenty-four dollars
road
is not
so
restored
or
periods respectively during substituted road completed.

the the railway, time
to
every which
Company to repairroad used

or
271.
interferes
If,in
with done
the
course
of
making
interfered
with
by
it.
damage
the
road, it shall any by it to such road ;

to
from
time
company make
uses
or
good
all
and,
damage
of
done
any
such
road
by
if any question arises as to the to the or as company,
repair thereof by it, such

two to
question
such such such
shall
be
referred
may direct
to
the
mination deter-
Justices,and
state
Justices
such
think
repairs
done effect
able, reason-
be made
in
the
of within
on
road, in respect of the

as
damage
by
the
company, may
and
and
impose
the
company,
j)eriod, they may for not carrying into
A.D.
such
as
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No. 1.
113
exceeding twenty-four dollars per day mining just : Provided always that, in determay with said the such to a road, regard public (|uesti")n any for any tolls that Justices shall have regard to and make full allowance such road in the course of the been paid Ijy the company have on may repairs, any
such
penalty
not
to
Justices
seem
using
thereof.
of apply for the consent authorize it to Justices to in manner so as two provided, the railway across highway other than a public carriage any carry fourteen shall, days at least previous road, on the level,the company is intended which such application to be made, cause to the day on be in intended to of such notice some given application newspaper which is such in in the County crossing intended to be circulating
272.
"
(1.) VVhen
the company
intends
to
hereinbefore
Proceedings on applicationof
company Justices consent
to
for to
caii-j' railway
across on a
higliway
level.
made;
and,
district in which
proposed crossing thereof is highway ently situated,after such notice as aforesaid, that the railway can, consistand convenience, be carried with a due regard to the publicsafety to such highway on the level,it shall be lawful for such Justices across carried be that the same consent so accordingly. may of such (2.)If either party feels aggrieved by the determination
at
if it appears such
to
any
two
or
more
Justices
acting for
the
the
it shall be lawful Justices upon any such application as aforesaid, and such party, in like manner as subject to the like conditions
for
are
See
Ordinance
13
provided by
and appeals in respect of penalties lawful for and shall it be forfeitures,to appeal to the Supreme Court ; confirm either to the or the said Court, on hearing of such appeal, quash the determination, or to make such other order in regard to the aforesaid as to such highway as of carrying the railway across method law in
the
case
of
No.
0/"1893.
such and to make it may fit, seem the and of originalapplication
order the
concerning the costs, both
of
appeal,
as
to
it
may
seem
reasonable. 273.
and
"
(1.) If
on
the
railway crosses
convenient
any
highway,
at shall,
other
own
than
public
make other
Making
of
carriage way,
at
the level, the company

maintain
or
its
all times
ascents
and
expense, descents, and
g^^^'^j^j'^^c of
highway crossed
on a
with handrails approaches, highway is a bridleway, erect and

convenient sutticient
or
other all
fences,and
maintain
shall,if such
level,
at
times
good
and
suthcient is a footway,good and gates gates, and, if the same the highway communicates each side of the railway where stiles, on
thei'ewith.
(2.)If, where
company
venient fails
to
the
make
railway
crosses
any
highway
on
the
level,the
other
con
convenient
ascents,
descents, or
approaches,and such handrails, fences, gates, and stiles as for two it is hereinbefore required to make, it shall be lawful of the Justices,on the application trustees, commissioners, surveyors, such of other road, after or having the management persons the order to notice the to not less than ten company days' company, other approach, or such handrails, such ascent and d( scent or to make fences,gates, or stiles as aforesaid,within a period to be limited for that purpose by such Justices. feit fails to comply with such order, it shall forIf the (3.) company which fails to do so. it for dollars during day twenty-four every
274.
expense, In
to
all carry
cases
where
the company
may
or
be
at willing,
over
its
or
own
Alteration
of
any
publicor privateroad
tramway
under
J^"f ^^^g^^
114
No.
the
same
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
railway by
on
means
of
bridge
the
level,it shall be lawful
for the
and application of the company, the Governor-in-Council that such level to interested,if it appears crossing endangers the public safety,and that the proposal of the does involve interests not or company any violation of existing rights and without full power adequate compensation,to give the company either by authority for removing the danger at its own expense,
a bridge, or building by to require, subject may
arch, in lieu of crossing the Governor-in-Council,on the after hearing the several parties
or
such such
other
arrangement
as
as
the
nature
of the
case
conditions
the
Governor-in-Council
may
direct.
Provisions
Execution work of of
q/ Screens
for Public
Beads.
275.
the
"
(1.)If
the
the
in nature
having
to
other peror trustees, commissioners, surveyors sons of road management public apprehend danger any
on
screen
adjoining public road.
passengers frightenedby the the

or
such
road the
in
consequence
or
of
horses
being
sight of
be lawful
engines
carriages travelling upon

to
it shall railway, other

to
for such fourteen with that

of
trustees,commissioners, surveyors,
apply
to
giving person the Governor-in-Council

Governor-inCouncil
after
days' notice
respect
the
be of
a
theretoând
to cumpany, if it appears
the
such works
danger might
in the nature shall such be
obviated
screen near
or
lessened
to
or
by the construction adjoinmg the side of

to fit, execute
any such
road, it
within
lawful
as
for the
them,
if
they
think
such
works
time
Governor-
in-Council
may in within
appoint.
the the
(2.)Where
such the
to
or
company
of
a
has
been
for
so
required to
execute
execute
any
work
same
natui'e
screen,
it shall that
and
complete
if it fails
the
periodappointed
the said aforesaid
purpose,
and,
do
so, it shall
forfeit to
as
trustees, commissioners, surveyors,
other persons
such
which
works their
appointed for
twenty-four dollars for every day during uncompleted beyond the period so may completion.
remain
Maintenance
Power enforce of to
of
etc. Bridges,
repair bridge, etc.,

company.
by
incorporatedtherewith, the company is required to maintain or keep in repair any bridge, fence, approach, executed gate, or other work by it,it shall be lawful for two Justices, the application of the trustees, commissioners, surveyors, or other on of roads, complaining that any such having the management persons work is out of repair, after not less than ten pany, days'notice to the comto
276. (1.)Where, Ordinance,or of any

"
under
the
provisions
of
this
or
the
Special
Ordinance
order
the
company
to
put such
purpose
work
into such
complete repair
Justices.
within
period to be limited
the
for that
by
fails to comply with such order, it shall company forfeit twenty-four dollars for every it fails to day during which do so,
(2.)If
Power
to the
277.
Whereas
expense of
might frequently be
avoided,
and
public
Governorill-Council
to
convenience the upon connected

or
promoted,
construction with the
by
reference
to
the
an
Governor-in-Council
nuxlify
in
cases.
("f"iistru(;tion of roads certain
public works a railway,where

might
and be company,
of strict
engineering nature this compliance with
the
Special Ordiuanct;
to
inconvenience
the
without
attended with or impossil)le adequate advantage to
116
No.
1.]
THE
LA
WS
OF
BRITISH
QUI
AN
[A.D.
1846.
Works Making and

maintenance works for accommodation of lands of
for Accommodation
of Lands
adjoiningRailway
and
280.
the
shall make, and at all times company of the following works for the accommodation The
thereafter maintain,
owners
occupiers
the of lands adjoining
railway, that
convenient
is to say,
"
adjoining
(1.)Such
and from
and
so
many
gates,
railway.
over, passages the railway as
under,
or
by
the
sides of
for the
arches, culverts, bridges, or leading to or

of
use
good
lands shall
over
any be such
be necessary may caused by the interruptions which the
purpose railway to the

be
making
of
the
through
made
lands
railway
after
forthwith
has
may the part

or
made,
of
the
and
such works
the
railway passing
tion forma-
been
laid out
formed, or during
thereof ;
See
"
Section
for meaning of
cattle."
(2.) Sufficient posts, rails, hedges, ditches,mounds, or other fences the for the use of the railway from for separating the land taken
lands adjoining
or
not
taken, and
owners
the
cattle
of the
reason
thereout
by
of
the
gates, made
the
such
as soon
to
railway,
fences
open towards and all necessary shall the be

owners
such lands from trespass, protecting occupiersthereof from straying railway,togetherwith all necessary lands and not towards such adjoining
or
other
made
forthwith
so
such stiles ; and posts, rails,and after the taking of any and require, the
lands, if
as
thereof be ;
other works other
conveniently may
over
or
(3.)All
necessary
arches, tunnels, culverts,drains, or

under
or
sages, pas-
either dimensions
from clearly
as
by
the sides of the

to
railway,of such
as as
will be sufficient at all times the lands of

or lyingnear the railway, or
affected
as
the water convey by the railway

as
before
the
making
nearlyso
time
as
such works
shall be made
from
time
to
be ; and the railway works

may
proceed; and way, of the railfor cattle, where, by reason (4.)Proper watering-places lands near the cattle of any lying occupying any person former watering-places to their ; thereto are deprived of access
and
as
such
watering-placesshall
with
or
be
so as
made
as
to
be
at
all times
as
suppHed sufficiently railway had not been made,

company shall make of
water
as
theretofore, and
as
if the
nearlyso
water-courses
all necessary
to
be ; and the may for the and drains
purpose Provided such obstruct

the the
conveying water
that
the said
shall
a
: watering-places
always
the
company
in such
not
be
as
re(|uired to make
would
accommodation
works
or
manner
prevent
any
or
working
with
using
of the railway, or
owners
to
make and
modation accom-
works
lands have
the respect to which have and to receive, agreed
been
occupiersof paid,compensation,
number
be
instead of the
Settlement
difference works.
as
making
them. kind
or
of to
such
or
If any difference arises respecting the 281. accommodation the dimensions works or
the maintaining thereof, the respecting
two
same
or
of any
thereof, sufficiency
shall
accommodation
determined
within
by
Justices
which
such
such Justices ; and works shall be commenced
shall also and
appoint the time by

time
executed
the company. such
to Power works execute
282.
Justices
If, for fourteen

for
days
or
next
after the
such
appointed by
the commencement
such to commence *'{*d'Tault"b'^''*'"

company.
works,
fails works, the company them, fails to proceed having commenced of any
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
117
to diligently
execute
the
same
in
sufficient manner,
to
it shall be lawful
execute
for the
or
party aggrievedby
the
to
such
failure himself
expenses
same
such
works
and repairs,
reasonable
thereof shall be
may
so
repaidby
same
the
;
company if there and
the party
settled
by or occupier
the works other
is any Justices two
the by whom dispute about

:
have
been
such
executed shall
owner
such
expenses,
the
no
be
or
Provided
always
or
that
other person shall obstruct connected for a therewith

than is works.
injure the railwayor

use
manner,
longertime,,or for unavoidably necessary
them
any of in any
or
the
execution
repair of such accommodation

283.
"
or (1.)If any of the owners occupiersof lands affected by Power to owner of o^" occupier consider accommodation works made the by the company, railway such Justices be made directed the insufficient to or to'ûi^ke by by company, for the commodious of their respective use lands,it shall be lawful for additional accommodation to make or occupierat any time, at his own any such owner expense,
the
such
further be
works
for that
purpose
as
he may
think
necessary,
and
as
of difference, be as agreed to by the company, or, in case may may authorised by two J ustices. such accommodation works shall so desires, (2.)If the company of its engineer, under the superintendence and according be constructed be submitted and approved by to the plans and to to specifications such that the company shall not be engineer : Provided, nevertheless, be adopted which entitled to requireeither that plans should would involve similar
a
greater expense
than
or
that that
incurred the
in
the
execution
of
works in
a
by the
more
company,
executed
cases
expensive manner
be
than
plans selected should be that adopted in similar

make further
by
the company. The shall not company works accommodation
284,
compelledto
use
any
and
or
Period
during
additional
of which accomoccupiers land after the the of the prescribedôrf^^s^may adjoining expiration railwây after five years from the comple- required. period,or, if no periodis prescribed, tion of the works and the opening of the railwayfor publicuse.
owners
for the
of
285.
"
(1.)Until
communications
which
the company it may,
has under
made the
the
bridgesor
other proper
Powertoowners and
pro\dsionscontained
herein,
occupiersof
in the Special or there- land^s'to Ordinance, or in any Ordinance incorporated cross between lands intersected by the untQ accomwith,have been required to make works ^lodation and no longer, the owners and occupiers of such lands and railway, any other persons whose rightof way be affected by the want of such may at all times communications, and their respective servants, may freely horses, and other animals, directly carriages, pass and repass, with the in or path of the railway made (but not otherwise) across of occupying through their respectivelands solelyfor the purpose
the
not
same
same
lands, or
obstruct
for the
the
exercise
of
such the the with

or on
right
owner
of
way,
to
and
so
as
to
:
passage
along
that if
railway or
or
damage
received
the
Provided, nevertheless,
has, in
receive his
to
occupier
of such
so
of any
or
such
lands
arrangements
for
same
the
company,
account
agreed
compensation
of the
any
owner
such
or cross
communications
instead those
being formed,
shall not
occupier
the
such
as
or
claimingunder
any
him
be entitled
to
railway. (2.)In case

owner or
disagreement or
or
difference arises
and in
tue
between
any
to
the
VOL.
occupier places for proper

I,
other any
persons
any
railway company
flanches of 9a
opening
ledges or
118
No.
l.J
THE
LA
WS
OF
BRITISH
of of
GUIANA
[A.D.
then Council in such
1846.
any shall
railway
be
for
the the
to
left to
think
purpose decision hear and
communication,
the
Go vernor-inthe
same
the
same
who way
on
is
as
hereby empowered
he
may
determine
fit,and
his
determination
shall
be
binding
all
parties.
Penalty on
omitting person to fasten gate.
286.
either occupiers
If any
person the
omits for
to
shut
and
fasten
side of the of
shall other for
railway
animals
the
accommodation
soon
any of
gate
the the
set
owners
up
at
or
adjoining lands, as
under
such his
as
he,
a
and
carriage,
horses, or
same,
care,
have
he
every
offence
forfeit
passed through the not sum exceeding
ten
dollars.
Branch
Railways.
Power
O'ivners,
to
287.
etc., to
the
other
owners
make
branch
comrailways
the municating upon any for the
shall prevent (1.)Nothing in this or the SpecialOrdinance lands the of to or occupiers adjoining railway,or any lands either their from or own laying down, persons, upon
"
lands
of
other of
persons,
with
to
the
consent
of
with
such the the
persons,
with
railway.
collateral purpose and under
branches
but
railway of bringingcarriages to, or from, or upon and restrictions subject to the provisions
if required, at shall, other make persons, and the expense
to
communicate
railway railway,
hereinafter
mentioned.
and
(2.)The company occupiers and

as
of such the
owners
subject also
provisions
hereinafter
lines of rail
mentioned,
be
placeswhere
and
without
openings in the rails,and such additional in such for effecting communication, may necessary the communication be made with safety to the public, can and without inconvenience to the injuryto the railway,
shall not take any
rate
or
traffic thereon.
for
the
(3.)The company passing of any

so
toll
or
other
money
passengers,
goods, or
such
owner
other
or
branch
person.
to
be
made
by
shall
"
any
things along any occupier or other
(4.)This
and
enactment
be
subject to
shall
the
restrictions following
conditions,that
is to say,
(a.)No {h.)The
any
such
branch
railway
not
run
parallelto
to
the
way; rail-
company openings in any
shall
be
which
bound
it
make
set
any
such
place
with any
which
specific purpose
upon
; and
apart for may would such communication

have
interfere, or
tunnel
inclined
plane
or
bridge,or
in
any
The (c.) from
making or using any such branch persons shall be subject of the and regulations to all by-laws
time
to
railway
company upon
to
or
time
made
with
respect
to
passing
the crossing
or
railwayand
otherwise
using
and
such branch any from time to time,
the persons ; and be bound shall railway

as
making
struct, con-
need
may
to
and switches,according plates and under plan adopted by the company, engineer.
Power of be
the offset
to renew require, the most approved
the
direction
of
its
288.
Where fianches
powers
of
hraiicli iiiiikinr;
to liiifw.iys tr) siul)ject
ledgesor passingalong
of main
main
such
lines opening into the branch laying down and lines of railway, and of enteringupon drawn and with lines by carriages wagons
A.D.
1846.]
COMPANIES'
CLAUSES mechanical
AND
POWERS.
[No.
power,
on
1.
1 io
1
X
"/
locomotive also powers
engines or
to
by
roads
other
or
or across
by
animal
and
a
reguLition l.y
form
railways
level, are
and with
given by any occupiers of lands

their such
Ordinance
where
relative
adjoining the
cannot
railways railways to the owners railway,and to other persons

to to
other
^n^comicil""
consent, powers
as
and
it appears
the
Governor-in-Council without
that
with
aforesaid
be
an
exercised
seriously
endangering the
a
and public safety,

to to
that
arrangement
that
due
regard
existing rightsof property, it

order such
and direct
as
Ije made may shall be lawful for
the
Governor-in-Council direct.
such
powers
shall
only be exercised
may
subjectto
conditions
the Governor-in-Council
Carrying
289.
motive
to
of Passengers and
Tolls
to
Goods
taken
upon
Railway,
ixse
and
he
thereon.
to
It
shall
or
be
lawful other
for
the
company power, and
and
employ
and
loco-
Power
to
engines
drawn
or
moving
carriages
and
be
wagons
g^pfoy locomotive
be
railway
it may
all such
propelledthereby,and to and goods as passengers

to to
carry may
convey upon the offered to it for
enfrinea, etc. carriages,
that purpose,
from
and
time
make
time
such
reasonable
determine
to
the
Ordinance Special
authorized for the
charges in respect thereof as not exceeding the tolls by upon, be taken by it.
enter
or over
290.
into
It shall be lawful
contract
any lessees or
in
to from time to time company the other owners being company, any possessionof any other railway,for the passage
Power
to
with
c""t?act\J"
other raUway companies for
nnming over
or
the railway by the Special Ordinance along ^ other of any or coaches, wagons, engines,
p
.
authorized
"
to
r ot
be
made
other
i-u
J.I
powers
company,
or
which
over
the
passage
other or wagons, their line of railway, upon conditions

the and
over any pass line other of railway of any any which or carriagesof the company,
may
carriages other line of
any
railways.
for or railway, engines,coaches,

over
the payment
as
of
such
may pass tolls and under
such
restrictions
may
enter
aforesaid, it shall be purpose for the division or into any contract apportionment of the tolls their respective to be taken railways: Provided always that no upon
such
contract
as
mutually agreed upon ; and, for lawful for the respectiveparties to

be
aforesaid of the
shall in
tolls for
or
diminish
such
any demand
which
the
any the
manner
alter,affect,increase,
to
contracts, may
to
or
time any
be
companies,parties respective authorized and respectively

or
entitled
receive from
and
person and
any of
on
other
company, of the of
but that
such
all other
persons
companies shall, notwithstanding any

use
contract, be entitled to terms railwayson the same

same as tolls, they would
the
and
benefit
any
said
the
conditions,and
in
case no
payment
contract
have
been
such
had
been
entered
into.
291.
or
Nothing
liable the
to the
in this
or
the Special Ordinance

further
or
shall extend
case
to
charge
where,
Extent
of
make
according
or or
company laws of this
in any
other carriers company
than
eompa)iv''as
shall extend
in any
common
Colony, common degree to deprivethe

carriers may
would
be liable,carriers'
of any
to ; to
protection
the of
privilegewhich
such
be be
entitled entitled
but, on
benefit
contrary, the company

every
shall at all times
the
and protection
it is
upon
privilege.
the
so
,
292.
to
vary
,
Whereas the
tolls of
c
expedient that
the
.
company
to
1
should
e
be them
"
enabled
to
Power
to
railwav
^
.
as
accommodate
the
circumstances
the
.t
traffic,but
i\^
that
such
varying
1 1 J bhould
to company tolls. varv
120
No. 1.]
not
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
be
used
or
for the
for
purpose
parties,
Be
to
the
monopoly, either
it therefore the
purpose in the hands that
enacted
prejudicingor favouring particular and unfairly creating a collusively of particular of the company or : parties for the company, it shall be lawful subject
of of herein alter
or
provisionsand
time authorized
limitations
to to
and vary
in
the
Special
Ordinance
contained, from
Ordinance
all such after the
time
to
the the
tolls whole
by
or
the
Special
any that and
be taken, either upon
upon
portions of particular
tolls shall be
same
the
at
railway,as they may think all times charged equally to

per
ton
iit : Provided all persons,
rate, whether
and of all
per
mile, or
otherwise, in respect
of all passengers, and conveyed or

over
the
same
of the same description, goods or carriages propelledby a like carriage or engine passing only stances, circumportionof the line of raOway under the same
no
and
that
reduction
or
advance
in of
any
or
such
tolls
shall
be
made,
company
Calculation toUs of of
either
or
in favour or directly indirectly, or using travelling person upon

cases
against any
particular
the
railway.
amalgamated railway.
be amalgamated with railway may other adjoining railway or railways,the tolls of the railways so any amalgamated shall be calculated and imposed at such rates as if such line of railway. formed one amalgamated railways had originally
293.
Tn
in
which
any
General to
on use
right railway pajTnent
294.
or
It shall not
a
be
lawful of and
for the company

or
at
any this
time
to
demand for the
take
greater
of
amount
of toUs.
carriage
Ordinance
and, on payment of the tolls from shall be entitled time to time demandable, all companies and persons the to use railway,with engines and carriagesproperlyconstructed, nevertheless, as directed,subject, by this and the Special Ordinance
to
passengers authorized
toll, goods, than

;
make
any
greater charge
it is
by
and
the
Special
demand
to
Exhibition list of toUs. of
the
and provisions A
restrictions
hereinafter
mentioned.
295.
to
list of all the and the which

same
tolls authorized may be exacted
be
taken,
by by
the the
Special Ordinance
company, shall
be
in toll board or more being painted upon one white distinct black letters on a ground or white letters on a black characters on ground, or by the same being printedin legible paper such board such and to affixed board, by being exhibited in some be such tolls may conspicuous placeon the stations or placeswhere made payable.
publishedby
Placing of
milestones
on
296.
and
one
The and
company
shall
cause
or
the
whole each
railway.
measured,
up
milestones, posts,
other
length of the railway to conspicuousobjects

or
to
be
set
be
maintained
along
a
the from
of
quarter of
thereon
mile
the line thereof, at other, with numbers
distance
marks
inscribed
Tolls unless thereof etc. exliibited, not to be list
denoting such
distances.
297.
the
use
"
demandable
of the
(1.)No tolls shall be railway during

to
demanded
any
are
or
taken which
by
the
the
time
not
so
at
for company before hereinboards

at
directed
be
exhibited
exhibited,or
which
the
to
hereinbefore directed milestones, posts, or other conspicuous objects maintained. be set up and maintained and not set up are so
(2.)Tf
such every Payment
toUs. of
any
person forfeit
wilfullypulls down,
or
defaces,
or
destroysany
for
board, milestone, post,

such offence
a
other
not
sum
conspicuous object,he shall exceeding twenty four dollars.
298.
"
(1.) The
or near
tolls shall
to the
placesupon
be paid to such persons and at and under and in such manner railway,
such such
A.D.
1846.]
COMPANIES'
GLAUSES
AND
POWERS.
[No.
1.
121
annexed to the list of the company as regulations, may, by notice to be tolls, appoint. (2.) If, on demand, any person fails to pay the toll due in respect and
to detain of any carriage or goods,it shall be lawful for the company and all or any part of such goods,or, if the same sell such carriage, to detain from the premisesof the company, has or have been removed
premises belonging to the moneys and out the person liable to pay such tolls, arising and all charges from such sale to retain the tolls payableas aforesaid, if any, of such detention and sale,renderingthe overplus, and expenses of and the or such such of the moneys carriages goods as sale, arisingby
and
sell any other
carriagesor
goods
on
such
of
may
remain
unsold
to
to
the person any
for the company
recover
such
entitled thereto ; or it shall be lawful tolls by action at law.

Accoimtof
carriageor
or having the care of any (1.)Every person being the owner goods passingor being upon the railway shall, on demand, for the he attends at the places where give to the collector of tolls, tolls for the part of the of collecting of or receiving goods, purpose be have travelled or such carriage or goods may railway on which the of in writing, signed by him, account about to travel, an exact and of number or quantity of goods conveyed by any such carriage, such from which the the point on or goods has or cai'riage railway what and at set is about to have set out or out, point the same or are
299.
"
^^'^"3^^^^*^
is
or
are
intended
to
be
unloaded
such
or
taken
or
off the
railway ; and
for
if the
as
goods conveyed by
are aforesaid, or
any liable to the shall

or
brought carriage, conveyance then such owner payment of different tolls,

or
other
person
numbers the respective specify

of such
owner
thereof quantities
liable to each
(2.) If
any
any such
tolls.
or
other
such
account, or to other officer or
or produce his way-bill
bill of
servant
of
or
the
gives
false
account,
at
company if he unloads
fails to give such person lading to such collector or demanding the same, or if he
or
takes may of be
off any
part of his
in
lading or goods
account,
not
any
to
other
avoid
place than
the
such
mentioned
such
with
intent
payment
offence
respect thereof,he shall for every

a sum
tolls payable in any forfeit to the company
for of goods or dollars for e%'ery ton exceedingforty-eight in and so proportion hundredweight, parcel not exceeding one any for any parcelexceeding less quantity of goods than one ton or for any such be upon one any hundredweight, as the case may be, which may which to the toll to in addition be and such shall carriage ; penalty be liable. such goods may
300.
the sale
If any
disputearises concerning
the amount
of the tolls due
to
Settlement
or concerning the charges occasioned by any detention or herein in the Special Ordinance or thereof,under the provisions shall be settled by a Justice ; and it shall be lawful contained, the same
company,
^^ "g amount
of toll.
for the
so
company the requires,

"
in the
meanwhile
to
detain
the
goods, or,
if the
case
proceedsof the
any
sale thereof. arises between and any any

owner
301.
(1.)If
or
difference of the
toll collector
or
Procediu-e
other officer
the
servant
company
of
or
person
Ul+j^^^p^^pg
pg
or carriage passingor being upon the railway, having carriage,respecting of any goods conveyed or to be conveyed by such of such goods,such collector or nature the weight,quantity, or quality, other officer may lawfullydetain such carriage or goods,and examine, the same. weigh, gauge, or otherwise measure
charge of any
to
'^-
wci-rht, etc.,
goods,
122
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
such
(2.)If, upon goods appear

has has the who
such
to
be
weighing, gauging, measuring, or examining, of greater weiglitor quantity, or of other

in the
account
nature, than
person
or carriage,
been
stated such
given thereof, then

and
the
owner
the such the
given
account
shall of
to
respectiveowners
be liable
pay, such goods, shall the

costs
of
at
also,
to
option
of the
company,
pay,
of
such
weighing,
be
of
gauging, measuring, and examining ; but if such goods appear of the same less weight or quantity than, and the same or
have been
stated
such
in
such
account,
pay
to to
then
owner
the
costs, and
it shall also
such
nature as, such shall pay company of or having the person
charge of
such
carriage, and
if any,
to
as
the
damage,
may
made application detention.
him
appear for that puipose,
respective owners to any Justice,

to
of
on
such
a
goods,
have
arisen
summary such from
to appear to any Justice, on the (3.)If at any time it is made such that the of detention, weighing,gauging, complaint company, any carriage or goods as hereinbefore measuring, or examining of any vexatious on without reasonable ground, or that it was mentioned was
the
part
of such
collector pay
or
other
then officer, of such
the
collector and of such
or
other
officer shall himself
the costs
and of
detention
ing, weigh-
gauging, measuring, thereby ; and, in default be damage, the same may

collector,and
Penalty on
passenger
immediate
examining, and the damage occasioned payment of any such costs or
recovered
by
distress
of
such
Justice who
"
shall issue his warrant
goods of accordingly.
the
such
302.
Every
person
or
practising
fraud
on
(1.)Travels
of any
or
attempts
company
other
company.
paid his previously
or carriage of the company, without having railway, party using fare,and with intent to avoid payment thereof ;
to
travel
in any
or
the
fully (2.)Having paid his fare for a certain distance,knowingly and wilwithout distance such such in carriage beyond proceeds any previously paying the additional fare for the additional distance, and with intent and
to
avoid
payment
thereof ;
or
(3.)Knowingly point to which

shall for every
ten
he
at refuses on or arriving wilfully neglects, has paid his fare, to quit such carriage,
a
the
such
offence forfeit to the company
sum
not
exceeding
dollars. 303.
If any
to
Detention passenger
of
practising
fraud
on
attempting preceding section,

behalf and
and
some
person commit all
is discovered any officers

or
either
in
as
or
after committing
in the other
or
such
offence
and other
is mentioned and
or
last
on
servants
persons
as
company.
of
the
company such
or
such
company
party
aforesaid,
all
and constables, gaolers, person until he
detain
peace until he can

can
Justice,
be
lawfully apprehend officers, may conveniently be taken before otherwise discharged by due course require the
of
of law.
Carriage
dangerous
of
304.
company the
"
(1.)No
to
person
shall the
or
be
entitled
any
to
carry,
or
to
goods
on
railway.
gunpowder,
company, (2.)If
upon carry, lucifer matches, may any be of

a
railway
other
oil aquafortis,
vitriol,
of
goods
which, in
any in
the
judgment
dangerous nature. by
the
on
marking distinctly
the
same,
sends person their nature

or
railway
the notice
outside
otherwise
giving
goods without taining package conwriting to the booksuch

of the
124
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
contained, to
such
make and
and by-laws, make laws of this
from
time
to
by-laws
lo
others, provided
that the
repugnant
the
Colony
or
to
repeal or alter by-laws be not of this or the provisions

time
to
such
Special Ordinance.
(2.)All
affixed thereto
such the
by-laws shall
common
be reduced
into
writingand
shall have
seal of the
company.
(3.) Every
every such
who person forfeit offence the company
be
imposed by (4.)If
against any such by-law shall for to not a sum exceeding twenty -four dollars, in such by-lawsas a penalty for every such
offends
or
offence.
the infraction
as
non-observance
of with
any in the
such
by-law
or
or
other
the
to
so
regulation public or hindrance railway, it shall be lawful

to
such
aforesaid is attended
to the
danger
to
the
company company
or
lawful
annoyance of use interfere

to
for the
summarily
the
obviate without
or
remove
such
to any prejudice
danger, annoyance, penalty incurred by by

a
hindrance, and
infraction
do
of any
such
Power to
by-law.
All the
308.
to
by-laws to
Justice
be made
order
the
company
shall be
so
framed
as
mitigate penaltiesin
allow
before whom
to
by-laws.
sought to
if such
be recovered
thinks substance
penaltyimposed thereby may be of such penalty to be paid, part orily

any
Justice The
fit.
of such
Exhibition
of
309.
when by-laws,
Ordinance in shall
confirmed
force
or
allowed
by-laws.
regulatingtlie allowance painted on boards or or and affixed such and to boards, hung up and affixed printedon paper front the other and continued or on conspicuous part of every wharf the or station to according to the nature or belonging company, and to of such as so give public by-laws respectively, subject-matter therein affected thereby ; the parties interested or notice thereof to accordingto the
provisionsof
confirmation any of the same,
be
and
such
boards
shall from
time
to
time
be be
renewed obliterated
as
often
or
as
the
and
by-lawsthereon, or any no penalty imposed by any such has been the same unless published and
310.
be
part thereof, may
destroyed;
recoverable
in
manner
by-law shall be kept published
aforesaid.
Operation and proof of publication of by-laws.
"
(1.)All
to
such
by-laws,when
and persons
affixed, shall be binding upon

sufficient all justify of the
and confirmed, published, and shall all be observed by persons, acting under the same.
so
such of any by-law,it shall be publication board that a sufficient to prove containing a printedpaper or painted in and continued affixed of such manner by this by-law was copy afterwards of its in displacedor Ordinance directed, and, being case board was as or replaced as soon damaged, then that such paper might be. conveniently
(2.) For
proof
Evidence
of
311.
the
The
productionof
the
written
or
printedcopy
in
of
the
by-laws of
thereto,
by-laws.
having company, shall be sufficient evidence

under the
same,
common
seal of the
of such all
by-laws
and
company all cases
affixed of
prosecution
any
and
in
actions
matters
before
Courts,
and Judges, Justices,
others. may
By-laws, etc.,
to be
312.
make for the
Whereas
railway companies
or
hereafter
to
be
empowered
servants
to
approved
and
by
the
laws, orders, rules, l)y

enforcement thereof
and regulations,
impose penalties
of
Governor
Court of
Policy. the
said
companies, and
the than other persons upon it is expedient that such powers
should
be
A.D.
under
1846.]
proper
COMPANIES'
CLAUSES
AND
POWERS.
such
[No. 1.
by-law,
calendar
125
control
Be
it therefore may any such
enacted
that
no
order, rule, or
months certified
the after
as
which regulation
be made
force
or
after the effect until

from
commencement two
or
of this Ordinance
a
shall have
true
the been
copy Governor laid
of
by-law, order, rule,

of
regulation,
time
to
and
of
Court
Policy may
and Court
time
direct, has
Governor
before the Governor
and
Court
Policy before
for the
that
unless Policy, period signifytheir
of
approbationthereof. 313,_(1,)
either
may
to
It
or
shall after
be lawful
Governor
and
Court
into
same
of
Policy, ^^^^^^^^^j.
which
^nd Court of dis-
before
been
have
any laid before them company in who
by-law, order, rule, or

as
regulation
has aforesaid, have

same
come
operation.Policy to
their
notify to
the
may
made
is in
same
the
disof in be
ijy-law, '^^^"^
allowance such
thereof,and,
case
the which
force at
shall
the
time
to
disallowance, the time
at
the
cease
force.
(2.)No
by-law, order, rule,or

force
or
regulation which
may
be
so
allowed dis-
effect whatsoever, or, if it is in force at any to have the time of such disallowance, it shall cease any force or effect at the time limited in the notice of such disallowance, saving in so far as have been then already incurred under the same. any penalty may
shall have
Leasing, Selling,
314.
to
or
Transferring Railway. by
the
Where
lease,or sell,
or
pany
of such
to any comany part thereof, in pursuance transfer executed be the to or lease, sale, person, the on authorityshall contain all usual and proper covenants
company transfer the
the
is authorized
Special Ordinance
Exercise
of
^
'
railway,or
feTseôr
transfer
I'ailway.
lessee,or transferee for maintaining the railway, part of the purchaser, the or portion thereof comprised in such sale, lease,or transfer, in
good
and
efficient
repair and
for
so
thereof,and
agreements
transfers of for the
as
a
working leaving the same

other inserted
condition
at
the
during the of expiration

of
ance continuthe
term
thereby granted,and
are
such
conditions, covenants, provisions,

in
contracts
and
usually
of
sale, leases,or
: Provided always that it shall not be lawful of or railway to make grant, or proprietors any company other for any or railway company party to accept, a sale, lease, or the authority of a distinct other transfer of any railway except under the Ordinance effect, specifying to that by name provisionin some or party railway to be so sold,leased,or transferred and the company be respectively transfer may such sale,lease, made, or by or to whom granted,or accepted.
like nature
315.
person
way
or
Any
to whom
such the
sale, lease,or
same
transfer
may
be
shall entitle the company granted to the free use of the therein ; and, otherwise
or
Effect
of
sale,
railtinuance con-
transfer.
portion of railway comprised

of any
during
the
such
sale,lease,
and which
or
transfer,all the
be
powers
and
and might privilegesgranted to their the directors thereof, or officers, or enjoyed by the company, agents, or servants, by virtue of this or the SpecialOrdinance, with regard to the possession, enjoyment, and management of the railway, of the theieof or comprised in such sale,lease, or transfer, and part the tolls to be taken thereon, shall be exercised and enjoyed by the of such servants and the officers and or transferee, purchaser,lessee, tions restricand under the same or transferee, regulations lessee, purchaser, the this the Ordinance on as are or by imposed Special company exercised
126
No.
1.]
its
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
and
or
directors, officers and
servants to
transferee
sale, lease, or
respect be subject to all ti-ansfer,
shall, with
the
purchaser, lessee, railway comprised in such the obligations by this or the

and
such
SpecialOrdinance
imposed
on
the
company.
Engines
Engines to
consume
own
ana
Carriages. engine
similar
to
316."
"
(1.)Every
uses
locomotive coal
or
steam
be
used
on
the
way railbe its
their smoke.
shall,if it
constructed
own
other
fuel and
so
emitting smoke,
as
on
the
of principle
consuming,
to
consume,
smoke.
(2.)If
any
such
party using such day during which

Approval of
engine, and
certificate of
engine is not so constructed, the company engine shall forfeit twenty-four dollars for the railway. be used on such engine may
locomotive
at
same or
or
every
317.
"
(1.)ô
power unless
other be
engine
or
other
or
of description used
on
approval.
moving railway
shall
any
time has
the
first been
brought upon approved

given
to
on
the
pany. com-
of
by
the
(2.)Within
any person
at
fourteen
of
desirous
shall any
cause
days after bringingany

engineer
three
or
notice such
the
the
to
company
by
such
engine
distance
to
railway, the
company
its
other
agent
examine the
engine
be
place within
the
owner seven
on
miles
from
railway,to
to
appointed by
and,
to
and thereof,
report thereon
the
pany, com-
within
proper to the
be used
the
days railway,the
same
after
such
report,
if such
engine
is
company other
shall
-give a certificate
the party requiring time
of its
approval of
or
such
engine.
of
(3.)If at any reports that any

unfit
to
same
the engineer
used upon the its
agent
the
of
company
engine
the
the
railway
is out
to
be
be
taken has
the the
engine
may the railway until the upon may been repaired to the satisfaction of the company, and, on shall give a certificate to the company being so repaired, upon company
used
railway,
repair or requirethe same
off,or
forbid
use
the party requiring
same
of its
of ajiproval
such
engine.
and for be
(4.)If
the
owner
between the company any difference of opinion arises thereof unfitness of any such engine as to the fitness or of
the purpose
being used
upon
the
railway,
such
difference
shall
settled
Penalty on pei'son using imj)roper
engine
on
by
arbitration. person, whether

uses
318.
care
If any
the the
owner
or
other
thereof,bringsor
upon power
railway.
or engOK certificate
moving any of approval

to
remove
without
railway any having

if, after
from
or
person locomotive
having the
or
other
such
first obtained
as
company
any
remove
aforesaid,or such engine

the such same,
notice
given by the
person
the
railway,such
notice
does
not
forthwith
not
use
after if,
company does so
to
use
any
such
engine, without
th(! engine upon having first repairedthe
given by the railway, such person

same
to
the
and satisfaction of the company, in any such shall, person every company it shall be case
a sum
obtained
of the
such
cases
certificate
of
approval,
to
aforesaid, forfeit
;
the such from
not
exceeding ninety-sixdollars
for
and
in
any
lawful
the
company
to
i-emove
such
engine
the
Construction carnage used r,f
on
railway.
"
(!")No carriage shall pass along as ^gxcept in directlycrossing the same

319.
or
be
upon
or
the
herein
by
the
railway Special
A.D.
1846.]
COMPAXIES'
GLAUSES
AND
POWERS.
[No.
long
in
1.
127
Ordinance
it is used condition
or
unless authorized) remains the upon which
such
carriage is
the
at
all
times, so
and time the
as
the railway, of the
construction for
the
regulations of
company
being
require. (2.)If
any reference such
to
of and the owner the company an}'^ disputearises between the condition in construction to thereof, as or carriage the then
existingregulationsof
the
company,
such
dispute
shall be settled
by
arbitration. time
to
320.
company be drawn
The
regulations from
time
to
be the
made
respecting the carriages to be used up in writing, and be authenticated

and shall
upon
by the railway shall

seal of
Regulationsas
to carriages.
by
the
common
applicablealike to the carriages of the company, and of other the to carriages using companies or persons company the railway; and a copy of such demand, be regulationsshall,on furnished to any by the secretaryof the company applying for person
the be the
same.
321.
condition is made the
If
as
any the pass
carriage, not
of regulations
or
being
any
of
such
construction for the time
or
in
such
said), aforethe the
case
the company
person being recjuire,
Penalty on using
on
to
be
upon
part of the railway (except as

time
improper
carnage
owner
charge
of
such
thereof,or any carriage, shall
having for the person such offence for every

to
remove
being
to
railway
forfeit
in any
not a sum company it shall be lawful for the
and dollars, exceedingforty-eight
such
company
any
such
carriagefrom
the
the
railway.
"
322.
shall of the
and company
(1.)The
to
respectiveowners
with that the for purpose
of
the
carriagesusing
or
railway
the
Registration of
names
cause
Ije entered of such
secretary
names
other
and
officer of
of of
appointed
owners
places of
abode
owners
carriages.
and the numbers, weights, carriages respectively, carriages. respective gauges shall also,if so required by the (2.)Every such owner company, the same characters to be painted in legible cause on some particulars to be always so as part of the outside of every such carriage, conspicious of their open
to
view.
shall, whenever (3.)Every such owner required by the company, his be to weighed, measured, or gauged, at the expense permit carriage
of the company.
owner
(4.)If the made requisition

to
of any
such
carriage fails
be
to
comply
for the
with
any
to
under
this section, it shall be lawful

to carriage
company
refuse
to
allow such
same
remove
the
therefrom
the
until
such
brought upon compliance.
the
or I'ailway
323.
as
"
If -(1.)
loadingof
with
to
be liable to collision
any carriage using the railway is such other carriages properly loaded, or to the
or care
Dealing with
impvoperly
be
or
otherwise
if the person or dangerous, having the railway suffers the same goods upon upon shall be lawful
of any
carriageloaded, etc.
to
any
part thereof
or
remain
the
railway
and
so
as
to
obstruct
to
manner
the
cause
it thei'eof,
for the
company
to
passage such proper for
working carriage or
preventing
goods to
such
any
be unloaded
or
removed
collision
obstruction, and
in any detain
such
carriage
or
part thereof, until the expenses removal, or detention ai-e paid.

occasioned
occasioned
by
any
such
goods,or unloading,
or
shall not be liable (2.)The Company or by any such unloading,removal
for
damage
as
loss
detention
aforesaid,
128
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D.
1846.
or except for damage wilfully so
done negligently shall

so
to any
carriageor goods
for the the
same
unloaded,
removed
custody of any such or are wrongfully detained

the Liabilityof of engine owner or carriage for damage done by servant.
same
detained, nor carriage or goods

or
it be
liable
safe is
as
detained, unless
for
so
may
"
have
been
so
by it,aud then only wrongfullydetained.
long a
time
of engines and carriages pas"ing for any trespass or railway shall be answerable vants by their engines or carriages,or by any of the seror employed by them, to or upon the railway or the persons machinery or works belonging thereto,or to or upon the property of
324.
(1.)The
respectiveowners
being upon done damage

or
the
any be the the such

to
other
person. such owner,
(2.) Every
convicted of
servant,
or
or
other
person any
two
may
lawfully
Justices
or
such
trespass
the
damage
of
;
before
the
on
of
Peace,
oath of owner,
either
some
by
confession witness
party offending
such pay
to
upon
credible
or as
and,
conviction, every
the
to two
servant,
other
the the
case same
person may
shall
company
or
injured, by such Justices,so that forty dollars.

Eecovery by
owner
the person
be,the damage
does
not
be
ascertained
and
exceed
hundred
325.
who
or
It
shall the of
be
lawful of
for
any
owner
of
caused
an
from
servant.
may
pay the
amount
any
or
damage
other from
neghgeuce
the
same
any
so
as
servant
recover
amount
means
paid by
the
owner
by
such
damage
from
the
other person or of is enabled the amount to recover company of any engine or carriage. him
person such servant
engine or carriage by the misfeasance to employed by him
Conveyance of
Powers General
Mails
by Railway.
of
and witb of
Postmaster
obligationsof
company
respect to
conveyance maUs by
railwaysto be hereafter made within this or goods may be conveyed in or upon passengers motive of steam drawn or or by any lococarriages impelled by the power be shall it other or whatever, stationaryengines or power under his notice in lawful for the Postmaster writing General, by (1.)In Colony by which
"
326.
aU
cases
of
hand
to
dehvered
to
the maUs
company
or
railway.
require that
to be
the
proprietors of any shall, from post letter-bags

of notice
not
such and
railway,
after the
day days
named the
on
from
company
(being be conveyed and deliverythereof), its railway, either by the ordinary trains
in any such
as
less
twenty-eight forwarded by such

than of times
carriages or
in the
trains, by special
or
need
may
be, at such
General
hours
or
day
night
as
the
Postmaster
guards appointed and

thereof and
employed by
direct, together with the may General in charge the Postmaster

Office. and after the
(2.)The
in such
on
company notice, at its own
any said
other
officers of the Post
sball, from
cost,
day
and and
to
be named
provide sufficient carriages
and
engines
letter-
such
railway for
the and convey
the
bags, to
up, carry
or
satisfaction
of such mails conveyance of the Postmaster General,
post
receive, take
of
riages car-
by
as
such may
ordinary or
be,
be all such
special trains
mails
to
or or
otherwise,
may for
or
need
post letterany the of its
bags
also
as
that
purpose and
tendered
officer in of and
it
officers, servants,
agents, by any
carry,
or
the
Post
Office,and carriages
up,
receive,take
mails
up,
convey
carryingsuch
and any other
post
the
the letter-bags Post
upon guards in
charge thereof
officers of
Office,and
take shall receive,
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
12d
deliver, and
at
leave
such
the the
mails line of
or
or
guards,and post letter-lmgs,

such
officers,
such
or
places in
times in
hours
day
of
railway, on such days, at such able night,and subject to all such reasonas as
regulationsand
of in of
restrictions arrival
to
to
places, times
the
or
and
duration
may
stoppages
that
and
times from time
Postmaster
General
behalf
not
time
order
speed
exceeding twenty-seven
miles
rate direct, and at any the in hour, including
stoppages.
General to send (3.)It shall also be lawful for the Postmaster of the with nut weight luggage allowed exceeding bags, guard any rules of the company the to other passenger or to any general subject mail train, train other than of that a for an excess weight, by any mail upon such
to
the
same
conditions
case
as
any
other in
passenger
Provided shall be
conversion
that
in
last-mentioned
the train
nothing
an
this Ordinance
to
construed
of
a
authorize
Postmaster into in
General
require the
regular mail
over
the
company
ordinary train, or to exercise any control shall the respect to any ordinary train, nor
the safe
company
be
sent.
for responsible
custody or
delivery of
any
mail
bags
to
so
General, if he sees fit, (i.)It shall be lawful for the Postmaster inside of of the the whole that on any any carriage used require be shall mails of the for or letter-bags post railway conveyance mails. of the the for carrying appropriated exclusively purpose
327.
on
,
"
(1.)The
".
company
of
so
proprietorsof
the
"
any
bein"; required to
.
do
the
,1
by
Postmaster
!"
such railway shall, Provision separate General, provide and
of
furnish he
(ui addition
^,
separate
as
aforesaid) carriages the Postmaster fitted up as carriages,

to
,
,.,.
-jv
separate carriage
such
the purpose
"
carnage
or
for
letters. sorting
General, or
in that nominate behalf, may may the sortingletters therein,and shall forward
for direct,
same
person of
carriage or
General may
carriages
able reason-
by
its
such hours at or railway, as as aforesaid, regulations

or
times the
and
subjectto
all such
Postmaster
in that
behalf order
direct.
shall receive,take up, carry, and of proprietors company all such post such last-mentioned carriageor carriages General the Postmaster Office the Post officers of as shall deliver and leave the any post letter-bags line of the railway from
(2.)Such
convey
in any
and letter-bags and reasonablyrequire, may and

as
officers of the the Postmaster
Post
Office at such may in
places on
that
General
and
behalf
timQ
to
time
reasonablyord^r
328.
In
case
direct. Postmaster General

of His
the
such the
is at
any
time
desirous coaches
Post
of
or
Conveyance of
mail and
on
sending by
any mail carts, with for and carriages
railway
mails
or
any
Majesty's mail
the
coaches carts
sorting letters of instead therein, sending the said

and
officers
and post letter-bags, of with officers any mails

or
guards thereof,
Office
railway.
guards, post letter-bags,

to
of the
as
Post
Office
by carriages
and izi any
be
railway company
aforesaid,then
such
shall, at the request of the Postmaster company such mail coaches such notice as aforesaid, cause
the mails
provided by such such case railway General, signified by

or
mail
carts, with
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 subject to

General
as
usual such
or
proper
trucks
or
frames
on
its said the
way, rail-
and regulations
restrictions of
Postmaster
are
hereinbefore
mentioned.
130
No.
of
1.]
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
Regulations
tlie Postmaster General observed company.
to be
by
post letter-bags of proprietors conveyed by company such mails which of such respective or post letter-l)ags, railwaysalong for sorting letters may be so required mail coaches, carts, or carriages be and its the Postmaster General officers, to respective conveyed, by such and all shall and able reasonobserve, perform obey, servants, agents, and the leaving delivering, I'especting regulations conveyance, and of such mails guards and officers of the Post post letter-bags,
329.
to
(1.)For
the
greater securityof the mails

the railways,
or
so
be
carried
or
Office,)uail coaches,
the line
as
carts
and
carriages on
any in
such such
railways, or
officer of the
on
thereof,as
the
Postmaster
Office time lawful
to
nominate he may time give or make officer

or
General, or in that behalf, may,

:
Post
Provided of the
always
Post
that
his discretion, from be not it shall

to
for any
servant
Office
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 shall be of complaint arises,the same be conveyed ; but, if any cause other officer of the railway company stated to the conductor or having
the
charge (2.)In
of the
train
or
to
the
chief officer at any
station
upon
the
railway.
case
of any
default
or
or
servants
of the
railway company
General
or
neglecton the part to comply with any

other officer of the
of of
any the
officers
tions regulaOffice
so
of the
to
Postmaster
as
Post shall
be
nominated
the
aforesaid,the
railway
company
be
wholly
which be
for responsible
Remuneration
to company conveyance mails, etc. for of
so
same.
330.
such
Every
or
company the
of
proprietors of
General
to
to
any
railway along
or
mails
mail post letter-bags, Postmaster
coaches, carts,
be
carriagesmay
required by
to
such
to
reasonable
such
remuneration
be
titled conveyed shall be enpaid by the Postmaster
of proprietors for company any other mail guards,and such mails, post letter-bags, mail coaches, carts, and carriages,in manner Office, General Postmaster nominate
in
the
conveyance officers of the
of
Post such may after the of
requiredby
Office
as
General that
or
by
as
such
officer of the
Post
he
behalf
and
the commencement
Postmaster difierence General of
as
of such
prior to or (either may between be fixed and agreed on service)

such company of then that
or
as
as aforesaid,
proprietors,or,
as
in
case
arbitration
Office he such
them, opinion herein provided, but so

the Postmaster nominate of such the
between
the
may services such
be
determined
which
may
by
be Post
required by
as
General,
in that
by
not not
officer of be
the
may
behalf
to aforesaid,
by
any
company
be proprietors remuneration Postmaster award

not
of by reason between or agreed on or by reason proprietors,
deferred
performed suspended,postponed,or having been then fixed

and such company of reference
to arbitration
General
on
of the
any
to
determine 331.
the
remuneration
having been then

any
made. be
Alteration
of to
"
(I.) Notwithstanding
the Postmaster
on
agreement
such
as
to
entered
or
into award of be for and than made into
jigreement as
remimeration.
between
^^
General
and
^jg made
remuneration
any such reference be to paid to such

as
any company, any aforesaid fixing the amount for and any services
rendered the
after
by
it
Postmaster
it aforesaid, General, by
company shall bo lawful notice in
to
competent to and writing, to require, from

not
in any such the day to be named notice, thereof,any twenty-eightdays from the delivery
to
or
being less
to be
addition be
the
services
in respect of which
such
agreement may
entered
award
made.
132
No.
1.]
Post
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1846.
of the
mail
or Office,
refuses
or
refuse
to
carry
on
coaches,carts, or carriages as requiredby the Postmaster General,

take up,
at
hereinbefore
or
railway any so provided when

neglect
to
refuse
or
or
receive,
deliver,and
such
leave
guards or
other officers of
at places,
any the Post
such
mails
post
mail letter-bags,
mail Office,
on
such
as
times,
to
such of
riages, coaches, carts, or carand such to subject days,
regulationsand
duration
resti'ictions
speed
times, travelling, places,
and
of stoppages as the Postmaster General from time to time may hereinbefore as reasonablydirect or appoint, provided,or does or do
not
obey, observe, and

of the any Office mails such
as
perform
and
all such
regulationsrespecting the
coaches, carts, and General, or such officer make for behalf, may
case
conveyance
on carriages
mail post letter-bags, the Postmaster in any that such

or
railwayas
he may
of the
Post
nominate and in
the
purposes
then aforesaid,
or
the
so
proprietors which,
whose
officer, servant,
agent,
of company offends in the
such offence shall for every forfeit and not ceeding exa sum premises, pay dollars : Provided, nevertheless,that the payment ninety-six affect of or liability to such lessen or penalty shall not in any manner of any such have the liability bond which under company may any been given by it under the provisions hereinafter contained.
Power General to
to
334.
thinks
"
(1.)It
made
shall
be
lawful
for the
of
Postmaster any
General, if he
so
Postmaster
to fit,
require the company

within this
successors, to
of proprietors
to
railway
bond be
to
to
be
His
hereafter
to
require
Colony
carry
or or
give security by
to
or
company
Majesty, his heirs and

shall from
or
conditioned convey,
be void
cause
if such
to
pany com-
gite security by bond.
time
time
carried
conveyed,all such
Post
officers of the
mail guards and other post letter-bags, mail coaches, carts, and carriages, in manner Office,
mails
hereinbefore General
purpose
or
or
mentioned, when
Officer
thereunto
Post up,
any ; and shall

at
of the
receive,take
such
as
required by the duly authorized and leave all deliver,

Office
Postmaster for that mails

riages, car-
such
guards and post letter-bags,

such
at places,
mail coaches, carts and officers, times, on such days,and subject to

to
such
and regulations and duration
travelling, places,times, shall obey, ; and the the same as observe, and perform all such regulations lespecting and General make and shall well Postmaster do reasonably truly ; may and perform,and cause to be done and performed,all such other acts, are matters, and required or directed to things as by this Ordinance be done or performed by or on the part or behalf of such company speed
of
restrictions
of
stoppages,as
hereinbefore
mentioned
its officers, servants, and
agents.
shall General from be taken think in
(2.)Every
form
as
such
bond
such
sum
and
in
such
the
Postmaster
be renewed
securityshall
such bond Postmaster
may time to time
proper ; and and whenever

so same
such every often so as
may General
be
and and also whenever forfeited, in his discretion, require the may,
often
to
as
the
newed. re-
be
(3.)If
when
one
any
so
company
next
of
proprietors of
the
requiredas
month
refuses aforesaid,
calendar
to
after
or
said, railway as aforethe for or neglects, space of notice for such of delivery any any Postmaster
such
purpose to His and such in
it given his
by
from and
at
the
General,
bond
or
to
execute
manner
Majesty, or aforesaid,
whenever
and
so
heirs
successors,
such
to
the
in
effect
renew
bond
of
any often
time
as
refuses
same
neglectsto
or
the
be
this Ordinance, be
requiredto
by may, renewed, such
company
pursuance of
A.D.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
133
and hundred shall forfeit four eighty dollars for everyproprietors day during the period for which there may be any refusal,neglect, such after the default to or renew securityas aforesaid, give or of the said one calendar month. expiration
335.
of
In an)'
case
in which
the Postmaster
able
General
to
and
any
company
settlement arbitration
by
of
of proprietors
or
remuneration
to
such
company it
to
of the amount railwayare not agree on Postmaster General the be paid by compensation to for any services performed or to be of proprietors any
as
remêration'
performed by
and
hereinbefore
mentioned, the
manner
same
shall
be
mitted sub-
settled
by
arbitration in
and
form
hereinbefore
directed. any contract of this Ordinance authority of three may
336,
After
entered
has
into
or
award
made
under
a
the
Right of
to
continued
in
years, it shall be competent for any consider itself aggrieved by the terms
operationfor railway company

of remuneration
common
company period refer contract
which fixed
in existence three
for
or by such contract require that it shall
award, by
be
notice
to
under
years to arbitration.
its
to
seal, to
whether
referred
arbitrators
determine
ought to be made therein ; and thereupon umpire to be appointed as hereinbefore mentioned and their or his make shall proceed to inquire into the circumstances of an award therein as in the case originalagreement : Provided for the always that the services performed by such railwaycompany be interrupted Post Office shall in nowise or impeded thereby.
any such and what alteration
or
arbitrators
Returns
of Traffic.
and order direct any Power may deliver to him returns, according
to the
337.
to
a
"
(1.) The
company
to
Governor-in-Council
to
railway
form
make
up
and
^"^^'^"[""^
" ^^ "'
of the aggregate order company providedby the Governor-in-Council, traffic in passengers, according to the several classes,and of the to make retuma the said railway, on aggregate traffic in cattle and goods respectively
be
as
well
as
of all accidents
which also
on a
with from
and personal injury, time

to time
have occurred thereon attended may table of all tolls, rates, and charges and
on
levied
each class of passengers,
cattle and
goods conveyed on the said railway. not delivered within are thirty (2.)If the returns herein specified such company have been required, days after the same every may shall foi-feit dollars for every of ninety-six the sum day during which and the said company the deUver same, wilfully neglectsto every such penalty may be recovered in any Court of competent tion jurisdicshall be required in like Provided : always that such returns said companies,unless the the and from all the at time, same manner, the said companies,and of Governor-in-Council exempts any specially minutes of his in the enter such the of exemption grounds
proceedings.
(3.)Every
return to
officer of any
the
company Governor-iu-Council
who
shall
be
makes wilfully any false deemed guilty of a
misdemeanor.
of Railway. Inspection
338.
he any
thinks It
shall be
to fit,
lawful
shall
for any
the
Governor-in-Council, if and
or
when
Power
to the
authorize it
railway,and
VOL. I.
be
person proper for any lawful
persons
so
to
inspect Govemor-mIUa
person
authorized, apiwint
134
to
No.
at all
1.]
TEE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
person
reasonable and
times,upon
the
the
inspect railway. upon
examine
and buildings, that always
if required, to enter producinghis authority, and the stations,works, and railway, and engines carriages belonging thereto : Provided said
no
inspector
as
aforesaid
shall be person who exercises
eligibleto
any powers
an
appointment
of interference
as
such
in
the
affairs of the company.
339.
"
(1.)Every
as
authorized
aforesaid
a
who obstructs any wilfully person person in the execution of his duty shall, on of the Peace in having jurisdiction for every such the have
not
duly being
place
offence
convicted
where the
before
Justice may of
offence pay a sum default within

same
been
committed,
forfeit and
(2.)In
or
payment
time
as
dollars. exceedingforty-eight of any penalty so adjudged the

said Justice of the Peace any is or
diately immemay
to
such
appoint, the
the
Justice,or
other
Justice
in having jurisdiction
the commit resides, placewhere the offender may calendar for not two months period exceeding prison any commitment
offender
; but
such the
shall be
determined
on
payment
of
the
amount
of
penalty.
Obstructions.
Punishment
person
of
340.
person
manner
From who
as
and
after the
or
commencement
causes
of this Ordinance, every

to
obstructing engine, etc.
done anything in such to or or carriageusing engine any any railway, endanger the safetyof persons conveyed in or upon the same, or aids assists therein, shall be guilty of a misdemeanor, or victed and, being conto
wilfullydoes
obstruct
be
thereof, shall
which he may have any
be
been
term
in the discretion of the Court liable, convicted,to imprisonment, with or

not
before
without
hard
Punishment person of
labour, for
If any
exceeding two
in the execution
years.
or
341.
person in
wilfullyobstructs
agent of any
or railway, or
obstructing
officer of company
railway company
upon
or
impedes any of his duty
officer upon
or
any
connected
trespassing.
railway or
any seized he may Justice
works or premises any of the stations or other if therewith, or wilfullytrespasses upon any person any other works or or premises connected any of the stations refuses
to
therewith, and
officer
or
quit
the
the said
or
same
on
request made
every such
to
him
by
so
agent
all others
of
company,
person may whom

can
offending,and
and call
to
aiding
such
assisting therein,shall and

or
be
detained his
by
any
officer
agent, or
offender
shall
or
any
person
assistance, until
before
some on
such
offenders
some
be
taken conveniently
to act
Justice,who
summon
other
witli him,
and,
(who
are
hereby authorized
and
being convicted before such on required, complaint made
Justices,
to
them
cognizance thereof, and to act summarily in the upon oath, to take shall,in the discretion of such Justices, forfeit any sum premises), not and, in default of payment thereof, exceedingtwenty-four dollars, shall or may be imprisonedfor any tsrm not exceeding two calendar of months shall be determined on payment ; but such imprisonment
the amount
Punishment person of
of the
penalty.
342.
company,
"
(1.)It
employed un railway guilty

of misconduct.
they may
wagon the said
or
shall be lawful for any officer or agent of any railway for and all such or duly appointed, any constable persons as call to their assistance, detain any engine driver, to seize and
driver, guard, porter, servant,

any
person, in
employed by person or railway company, or by any other company the said the to traffic conducting railway belonging upon
or
other
other
A.D.
1846.]
or
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
135
company,
of the said maintaining the works the so employed upon railway, of the by-laws, rules,or regulacommits offence against any or tions any said of the or or maliciously, wilfully, negligently company, does or omits to do any act whereby the life or limb of any person such thereof or along being railway or the works passing upon be be or or or might endangered, whereby injured respectively, may be or the passage of any engines, carriages or trains might be may such to obstructed driver, or engine impeded, and convey wagon so or offending, driver, guard, porter, servant, or other person any venient or assistingin such offence, with all conaiding, person counselling, Justice other of the Peace, without despatch,before some any warrant or authoritythan this Ordinance. and every person counselUng, (2.)Every such person so offending, convicted shall, when or assisting therein as aforesaid, aiding, upon in
repairing and
drunk
railway,who
is
found
while
the
oath
of
one are
or
more
credible
information
witness and in
or
witnesses
before
two
Justices,(who
to
hereby authorized summarily in with imprisoned,
on required,
complaint made
take the
them
upon
oath, without
to act
writing, to
hard
cognizance
of
term
thereof,and
such
not
the
or
in premises),
discretion any
Justices, be
without
labour, for
exceeding two calendar months, or, in the like discretion of such not exceeding Justices, shall for every such offence forfeit any sum forty-eightdollars, and, in default of payment thereof, shall be for such hard labour with or without as aforesaid, period imprisoned,
not
exceeding two
commitment
calendar
months
as
such
on
Justices
may
appoint ;
but
such
shall be determined
payment
of the amount
of the
penalty. Opening of Railway.

343.
for after the
"
(1.)No railway or portion of of passengers public conveyance

in the
railway shall be any calendar until one

of
opened
month
Notice
to be of
given
intended
notice
writing
of
the
to
intention whom
ten to
given by company Governor-in-Council, and until been given by the said company
when the the said said
such
has been opening the same belong to the railway may after notice in
opening of railway.
days
writing
has
the Governor-in
Council
of the time
railway or portionof railway will be, in the opinion of of completed for the safe conveyance sufficiently company, that Provided and for no : railway always inspection ready passengers of the shall be considered a railway if two-thirds or more passenger from the derived of annual such carriage are revenue railway gross thereon of goods. (2.)If any railway or portionof any railway is opened without
such
which notice
as
aforesaid, the
the
sum
company
to
which
such
I'ailway may
belong shall forfeit

the
same
of
dollars ninety-six open
may
continue
until the
and
for every said notices
day during
have may been
duly given
recovered
and
have Court
expired;
every
such
penalty
be
in any
of competent
or
jurisdiction. appointed by the Governor-inor portion of railway, after

the
Power
to
344. _(1.) If the

Council
in his
to
officer
officers
the
such inspect any railway thereof,report in writing to inspection

or
Govenior-inCoiincil
to
Governor-in-Council would
of the be attended
that,
with
postpone
their
to
danger
the
the
or
the opening of the same opinion, by reason publicusing the same
opening.
of incompleteness the
works for
permanent
such
way,
or
of
the
of insufficiency
ment establishsuch
working
railway,together with
the
grounds of
136
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
so
opinion,it
time
to
shall be
as
lawful
as
for such
the
Governor-in-Council,and
or
from
time,
often
officer and
officers
may,
for
after
further
to which
such
inspectionthereof,so report, to order railway may belong to postpone

calendar month such
at
direct the company
such
one
opening
time, until
take
exceedingone
to
any
period not any it appears to the danger
Governor-in-Council the
that
opening may
any
place without
pubUc. ) If any (2.

such order
such
or railway,
portionthereof,is opened contrary
to any
and
sum
shall forfeit the
the company direction of the Governor-in-Council, of ninety-six dollars for every day during which
continue contrary to such order and direction ; and may open be recovered Court of competent in any penalty may every such : Provided jurisdiction always that no such order as aforesaid shall be
same
the
binding upon
to
any
railway company,
a
unless
there
is delivered officer
or
therewith
the
said
company
which
such
order may
of the copy be founded.
report of the
officers
on
Accidents.
Notification of
accident
on
345.
after any the
railway.
hours shall,within forty-eight (1-)Eveiy railway company the such to of railway belonging upon company accident with serious personal attended to the injury public using
"
the
occurrence
same,
give notice
thereof
to the
(2.)If
shall which the
omits to give such wilfully any company forfeit the sum of twenty-four dollars for omission notice continue to give such may
notice,such
every ; and every
pany com-
day during
such
penalty may
Power to the Govemor-inComicil
to
be recovered
in any
Court
of
competent jurisdiction.
and
346.
"
(1.)The
Governor-in-Council
order returns of serious accidents.
and to make company up accidents occurringin the course
order may deliver them to
direct any
of the upon
way rail-
returns
serious
of the
the
publictraffic
with
railway
deem
belonging to such
not, in such
necessary
and form
company, and manner
whether
as
attended
personal injury or
may
to
Governor-in-Council
a
requirefor his
such returns
have
informatipn,with
are
view
the
public days
shall the
safety. ) (2.
after the forfeit the said be
If any
same sum
not
so
delivered
within such
fourteen
required,every may of twenty-fourdollars for every

neglectsto
in any
returns
been
day
company during which such
company
deliver of
recovered
Court
that all such be evidence
shall be
penaltymay every : Provided jurisdiction always communications, and shall not privileged
same
the
; and
competent
in any
Court
whatsoever.
Disputes between
Settlement of
Companies,
347.
have
common,
a
"
(1.)Where
common or
two
or
dispute between
companieB
terminus which form

are
owning
railway companies whose railways line of rails in or a portion of the same of line of continued one separate portions
more
connecting railvvays.
railway communication,
not
able
to
agree
upon
arrangements
for
terminus, or at the point of junction conducting at such common it shall be between them, their joint traffic wdth safetyto the public, of either of the lawful for the Governor-in-Council, the application on the questions in disputebetween to decide them, so far as the parties,
same
relate ether the
to
the
safety of
or
the
and public, the either
to
order
and
determine
wl
whole
what
portion of
arrangement!) shall be borne

If (2.)
by
attending on such expenses of the parties respec tively.

or
any
railway company
refuses
wilfully neglectsto obey
A.D.
1846.] COMPANIES'
such
CLAUSES
AND
POWERS.
[No.
1.
137
any
by the Governoragainstsuch company shall forfeit the such provision, pursuant company which such refusal or for dollars of day during sum ninety-six every in recovered such be and continue penalty may every neglectmay ; of Court competent jurisdiction. any
order made
in-Council
to
upon this
or
Options of
348.
Revision
and
Purchase.
Power to the
from and after any time after the end of twenty-one years of after the commencement of next day January any Ordinance whether such line of any line of passenger for the construction railway, annual divisible clear the is a trunk, branch, or profits junction line,
If,at
the
first
qÎ^^ l^Policy
in certain conditions
to
revise scale of
upon upon
the the the
subscribed
average
rate
and of the
paid
exceed
of fifteen
capitalstock of the said railway, tolls and fix last preceding years, equal or new scale. hundred of such for pounds pounds every
up three
then
and Court of paid-up capitalstock, it sliall be lawful for the Governor hereinafter the to contained, giving to provisions upon subject Policy, in writing of their months' notice three calendar the said company the scale of tolls, fares, and intention to do so, to revise charges Ordinances limited by the Ordinance or relating to the said railway, scale of tolls, fares, and and to fix such new charges applicableto kinds of passengers, such different classes and goods,and other traffic and of Court such railway as, in the judgment of the Governor on and kinds of traffic to continue, quantities Policy,assuming the same of said rate to the the said divisible profits will be likelyto reduce that such revised fifteen pounds in the hundred no : Provided always scale shall take effect unless accompanied by a guarantee, to subsist as and be in charges may fares, long as any such revised scale of tolls, of in case therein, deficiency force, that the said divisible profits, any shall be annually made good to the said rate of fifteen pounds for every also that such revised stock : Provided hundred pounds of such capital
scale shall not than with be
again revised
of the
or
such company,
guarantee
for the
withdrawn,
further
wise other-
the consent
period of
such
twenty-one-years.
349.
Whatever
"
railway, it shall be
of divisible be the rate may and for the Governor lawful

.
on profits
any
-I
Power
to the
Court
1
of
"
"'^."^ if ô^^^^ô/ Policy, Coui-t of

at to
j^
they
time chase
thmk after any
fit, subject to
the such in the
/"
provisions expiration of the said term with railway,

name
the
"
"
"
heremaiter
contamed,
any pur-
of
all its
hereditaments,
notice in
twenty-one years stock, and writing

of
Pobcy pm-chase railway

to
tenances, said company

to
and
on
behalf of Her months'

of
a
Majesty, on
appurgiving to the their tion inten-
goQ^^îong^
three
calendar
on
do so, and
of the
payment
purchase
of the
rate
said annual
last the said
divisible
three
equal to twenty-fiveyears' estimated on the average profits,

sum
that if the average Provided : the rate of fifteen is less than years if it is of pounds in the hundred, it shall be lawful for the company, opinion that the said rate of twenty-fiveyears'purchase of the said
three then
preceding years
of
for profits
average reference
profitsis being had

arbitration
amount
an
to
left to
in of
inadequate rate of purchase of such railway, the prospects thereof,to requirethat it shall be of difference to determine what, if any case option
of
additional
purchase money
such of the
Provided,
also, that
the
paid to purchase shall

while
:
shall be
the said company

not
be
exercised,
scale
except with
consent
company,
any
such
revised
of tolls, fares,and
charges may
be
in force
Provided, also,that the
138
No.
1.]
of
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
option
extension
purchase
shall
not
be
exercised
of any trunk line of railway in the
railway purchase,ia case the

line
of
without
or regards any branch including such trunk thereof require proprietors

as
that the
Reservation the and Governor Court of of to
same
be
so
included.
Policy of
consideration future of
policy in regard to option
purchase.
expedient that the policy of purchase should in no manner prejudged by the provisionsof this Ordinance, but consideration of the Legislature, for the future should remain upon and whereas the and it is not national of policy general ; grounds of purchase, that under the said provision of this Ordinance intention should be employed to sustain if calleflinto use, the public resources undue panies comor against independent competition an any company
350.
Whereas it is be
:
Be
it therefore shall be
enacted
until
that
no
such been
notice
as
hereinbefore
mentioned
or
given
to be
provision has
in that
made
for
by
an
ance Ordin-
Ordinances,
or
passed
the for the
behalf,
guarantee
as
the
levy of
be, and may hereinbefore mentioned,

the
case
purchase money determining, subject to

manner
authorizing the hereinbefore mentioned,

the
conditions the Bill said for
in that of
which
no
either of them
to
shall be
exercised ; and
options or giving powers
exercise
the
said
three Court
Governor
and Court
and
either or options, of Policy, unless
them,
the
shall be in
received
the
to
it is recited of
such
Bill that
months'
of
to
notice
intention has
Governor
Policyfor
the
such
powers
or
been
to
by the preamble to apply to the given by the

be affected
Governor-in-Council
company
companies
thereby.
Keeping of
accounts, etc.,
and 351. (1.)From precedingthe periodat

"
after which
the the
commencement
of three
years
next
by company
liable to of
option purchase.
able, availoption of purchase becomes of shall all of received be kept full and true accounts sums money the provisions hereinbefore of any railway within and paid on account said railway is a branch if the contained (distingnishing, railway or and other in with worked common giving one railways,the receipts, of the said railway, from those of the expenses account estimate on an the directors of line other of the trunk the account or railways,) by on is which the such which or to same by railway belongs, company such shall in and once worked railway company every half-year, ; every in a haK-yearly account during the said period of three years, cause on abstract to be prepared showing the total receipt and expenditure of the said railway for the half-yearending the thirtieth account day such and the thirty-first or of June respectively, day of December other convenient days as may in each case be directed by the Governorof receipt and distinct heads expenditure,with a in-Council, under of such account of the balance statement duly audited and certified directors of the said railway company, under the hands of two or more
and
on or
shall send before other
the
to copy of the said account and last days of August
the
Governor-in-Council
such
days
as
may
in each
case
be
or February respectively, directed by the Governor-in-
Council
he
in each
year.
thinks
(2.) It shall be lawful for the to appoint any proper fit,

and books of the said
Govemor-in-Council,
person persons during the
or so
if and
to
when
the
inspect
accounts
company
said
period of
all the
three
years ; and it shall be lawful for any person to reasonable times, upon producing his authority,
authorized,at
at to
examine
books,
the
accounts,
vouchers,
or or
and
other
documents of
of the
the
office principal
other
placeof business
company, and company,
take
copiesof
extracts
therefrom.
uo
No.
1.]
other
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
appear may such cheap
or more
particularsas
and the circumstances any
as
to
the
Governor-in-Council
for
beneficial under
other
convenient of
the
case,
passengers
and may which be
by
may the
trains
the
sanctioned
conform
by
to
him
such
and accordingly, conditions

not
railway
may be
to
company
so
sanctioned
by
Governor-in-
Council conditions Council
shall which in
be
may
to
liable
have the
been said
regard thereby.
Whenever
penalty for not observing the dispensedwith by the Governor-inveyed cheap trains and the passengers conany
so
Pro^sion
of
354.
after
cheax) trains
on
hereinliefore the
any mentioned
which is subject to company of running cheap trains, from obligation
railway
the
and
Sunday.
is to which the obligation on specified of the train trains on or Sundays for runs conveyance accrue, any Ordinance in its the obhgations contained it shall, under passengers, Ordinances, and with the immunities applicable by law to carriers or of passengers by railway,by such train each way on every Sunday as of stations,providesufficient carriages stop at the greatest number may
days
hereinbefore
conveyance which stations at fare

or
for the
of third such
exceed
stop ; and ordinarily shall such train third for each class by charge passenger for each mile travelled. six cents
class passengers Sunday ti-ain may
at
the
terminal
and
other the not
Conveyance
Obligation of
company
to
of Troops,
etc.
355,
officers
"
(1.)Whenever
or
soldiers
of
be necessary it may His Majesty's Forces

or
to
move
any
of
the
of the
Line, Ordnance
convey troops and police.
Corps, Marines,
directors
Militia,
shall and
the
Police
Force,
thereof are hereby their baggage, stores, arms, with respectively, and to be conveyed at the necessaries things, conditions such such as at prices or upon be
requiredto
by any railway, the permit such Forces

and of time other hours from
ammunition,
usual may
starting,
to
time
contracted
for
between
for
or
the
for
Governor of
of
such
the
Colony
on
and
such
duction pro-
railway
company of a route
; and
the
conveyance
their
Forces,
be
the
order
authorities such and
every
as
railway
not
conveyance, shall company the
signedby
bound
the proper
to
provide
commissioned
exceeding four cents per mile for each duty, such officer being entitled proceeding on and not in a first class carriage, exceeding two cents per to conveyance mile for each soldier, marine, cr private of the Mihtia or Police Force, of age of above twelve child and also for each wife, widow, or years to be sent soldier entitled by Ordinance, or a by competent authority,
officer
to
conveyance Police Forces, at fares
aforesaid
for
said
Military,Marine, Militia,
their destination
so
of age
entitled
or
years of age
three years children under at the public expense, being taken free of charge,and children of three upwards but under twelve years of age, so entitled,
being taken at half the price of an adult. marines, and privates of the Militia or Police (2.) Such soldiers, veyed Force, and their wives, widows, and children so entitled, shall be consufficient with shall be provided with seats, in carriageswhich
space which for the reasonable accommodation of
the
persons
conveyed,and
shall be protected against the weather, (3.)Every officer conveyed shall be entitled to take with him one extra charge, and every hundred weight of personal luggage without entitled to take with shall widow be wife, or marine, private, soldier,
A.D.
him
1846.]
or
COMPANIES'
CLAUSES
AND
POWERS.
[No.
1.
141
weight of personal luggage without extra weights of personal luggage being paid than two for at the rate of not more cents per pound. All and other ammunition, (4.) public baggage, stores, arms, necessaries and and other combustible things, (except gunpowder shall only be bound the company at such to convey matters, which and such from time be conditions to time as contracted prices upon may for between of the Colony and the the Governor company,) shall be conveyed at charges not exceeding eight cents per ton per mile, the assistance of the Militaryand other Forces being given in loadingand unloading such goods. and Police Marine, Militia, (5.)The conveyance of such Military, when Forces respectivel}', other or required by the Governor tent compeshall be at any time by night or by day that such authority, Governor other competent authoritymay direct ; and whenever or any such conveyance Police Forces may of the Military, or Marine, Militia, shall be bound be requiredas aforesaid, and the company obliged to make the whole of its resources available for that purpose ; anything in this Ordinance wise to the contrary in notwithstanding. any
a
hor
half
hundred
charge,all
excess
of the
a'ove
Electric
Telegraphs. being required to

be
at
356,
Governor
persons, into or
on Every railway company, and Court shall of Policy,
do
any
so
by
the
or
obligation on
company to
bound
to
allow
person
with
servants
and
workmen,
all reasonable
times, to
enter
'^p",^^' ^1^^,
be
its lands, and to establish and lay down upon such telegiaph to upon adjoiningthe line of such railway a line of electric telegraph established, for His and to give to him and them Majesty's service, every reason for layingdown and for using the same able facility the same, for the of and His on service, sending Majesty's receiving purpose messages the company be to as subject to such reasonable remuneration may the company and the Governor-in Council, or, in agreed upon between be of disagreement, as settled by arbitration case : Provided may always that, subject to a prior rightof use thereof for the purposes of His be used for Majesty, such telegraph may by the company the purposes of the railway, such terms be agreed upon as upon may between the parties, of diflference, be settled as or, in the event may by arbitration.
lands
Rigbt of public telegraphhas been established upon ^"'^ such railway belongs, to which or by any tek"âph any railwayby the company than exclusively or established partnership, person, company, by persons, otherwise for His for the of the private persons, Majesty's service, or exclusively purposes for both, the use of such electric telegraph for the railway,or jointly of and the to shall, receiving prior sending messages subject purpose right of use thereof for the service of His Majesty and for the purposes and of the company, subject also to such equal charges,and to such from time reasonable regulations, be made to time as by the said may be for the and of railwaycompany, receiving messages sending by open all persons alike,without favour or preference.
a
357.
Where
line
of electric
Prosecutions
to
Provisions enforce
to the
of Raihvay Ordinances.
and
358.
any
"Whenever
it appears
Governor
Court
of the
of provisions
any
Ordinance
regulating any
Policythat railwaycompany,
of
Power Governor
to the and
142
No.
Policy
1.]
the
THE
LA
W8
OF
BRITISH
GUIANA
[A.D. 1846.
Covirt of to direct
prosecution of
railway
company with for
non-compliance
Railway
Ordinances.
general Ordinance provisionsof this Ordinance, or of any with the part of any been have not to railways, on complied relating that of its o r or railwaycompany officers, railwaycompany any any miauthorized has acted is acting in a manner or by the provisions in excess of any Ordinance Ordinances or or relating to such railway, said the defined Ordinance of the powers and or by given objects and Court of Policy Governor to the Ordinances, and it also appears should be for the publicadvantage that the company be that it would shall and Court restrained from the of Governor so Policy acting, to the Attorney General thereupon the Attorney notifythe same ; and of the railway company consists of General such default in case shall, of the Ordinance Ordinances or non-compliancewith the provisions ing relatof this Ordinance, or of any generalOrdinance or tliereto, relating to railways, or by action, bill,plant, suit at proceedby information the case other law or in equity, or as legalproceeding, require,to may
or recover
such
penaltiesand
the
or forfeitures,
otherwise
to
enforce
the
due
think fit ; he may as by such means provisions consists in the comand in case such default of the railway company mission unauthorized acts of some act or by law, then the Attorney shall proceed by such notification as aforesaid, General, upon receiving and of the nature such legalproceedingand in such mode as manner order of the case obtain interdict an injunction or require,to may the application be made (which any Judge of the Court to whom may if he is of shall be and and is hereby authorized to required grant, that of the the act or acts complained of is or opinion railwaycompany from the restrain to authorized not are actingin such by law), company of the case relief other nature such the to as or give illegal manner, notification that such aforesaid Provided as no require : always may Court of Policyuntil twenty-one and shall be given by the Governor days after they have given notice to the company, againstor in relation of their intention such intend to which to give notification, they may shall be commenced and that no to give the same, legal proceedings of the Governor and Court of Policy against any under the authority for offence or railway company against this Ordinance any any of the such notification Ordinance relating to railways, except upon and within Governor and Court of Policyas aforesaid, one year after
performance of
said
such
offence may
have
been
committed.
Loans.
Prohibition company of
359.
of
or
It shall not
be
lawful
for the company time securities

or
to
lend
or
advance
out
the
lending money on real security.
ready moneys
any of real
for the
being belongingto
the
upon United
security
or
or
Kingdom,
the whatsoever.
From and
in Demerara, any
sum
whatsoever, elsewhere, in the

sums
company in whether
name
in
the
on or
and mode
behalf
manner
company,
or
of money
in
any
Penalty on
railway
company
360.
after
the
any
commencement
of this
or
Ordinance,
any
railway conpany
instrument for money
than
issuing
loan
note,
other company
issuingloan
otherwise
as
purporting to
to the said
some
bind
the
able negotiableor assignas a legalsecurity

otherwise
than
advanced
authorized Ordinance.
railway company,
or
under
by
the
of provisions
Ordinance
Ordinances
such and to to raise company money for which shall for every such offence forfeit a sum equal to the sum such loan note or other instrument such be to security. purports
railway
the said authorizing issue such security,
A.D.
361.
1846.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
construed
1. Railway to
subject to
future enactments.
143
exempt
to
the
Nothing in this Ordinance railwayor other works

from the
shall be
deemed
of
or
to
be
by
any
the
Ordinance Special
authorized
be made
or
provisions of
Council,
Oi'dinance which
publicnature, Colony.
362.
Parliament, Order-inother to or relating railways undertakings of a hereafter and be in force in this be passed may
Act for the
to
It shall be
lawful
Governor
and
amend
Court
of
Policy by
take
effect
Power
to
future enactments any Ordinance which may
alter,or i-epeal,
come
hereafter
into
any operation and
part of any
repeal, etc.,
Ordinance
for the purpose of carryingon any a incorporating joint stock company that on undertaking of a public nature, wdthout being responsible to provide compensation and account indemnity to the shareholders of such company.
incorijorating joint stock

company.
SCHEDULE.
FORMS. Form No.
I.
Section 11.
Certificate of Share.
Number This Number Given in the is to
"
The
Company."
is the the said
that A.B., of certify of subjectto the regulations the

our
Proprietorof
Company.
the
the
Share
under year of
Common Lord
Seal
of the
said
Company,
day of
Form
No. Share
2.
or
Section 14. Slock. of the

sum
Transfer of
I,
me
of of
in consideration do
of
paid to
by
Share
"
Company,"
The
name
[orShares] numbered [or

in the books conditions of the
hereby transfer to the said in the undertaking called "The pounds Consolidated Stock in the undertaking called Company," standing [or part of the Stock standing]in
my
Company,]
which
I
to hold
unto
the
said and time
his
and heirs;executors, administi-ators,

on
assigns [orsuccessors
the
same
assigns], subject
of the execution the said Share
to the several
held
at
tlie
hereof
I, the said [orShares, or Stock],subject to the

As witness
our
; and
do
same
hereby agree day of
to take
conditions.
1
hands
and
the seals,
Form
No.
Bond.
3.
Section 40.
Bond, Number name By virtue of [here
S.
the
"The ] [or $ The SpecialOrdinance'] We,

"
Company."
us
Companv,"
hand
in
consideration
of the
sum
of
to pounds [or dollars]
in
unto the do bind ourselves and our successors paid by A. B., of of said A.B., his heirs, executors, administrators, and assigns, in the penal sum pounds [ordollars]. shall pay to i he condition of the above obligation is such that if the said Company the said A. B., his heirs, executors, administrators, or assigns [at {in the principalOffice on of the Company is intended)'] ease any other place or payment than of 1 the .the principal sum pounds [or day of of at the rate pounds [or together with interest for the same, dollars] then payable half-yearly,on the day of dollars]per cent, per annum
,
the above Given
written under
our
is obligation
to become
void ; otherwise
to remain 1
in full force.
Common
Seal this
day of
144
"No. 2.]
45.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
Section
FoKM
No.
4. Bond.
Transfer of Mortgage I, A.B., of G.H., of administrators,

"
or
by paid to me G.H., his heirs, executors, made by Mortgage] Number or [_or assigns, a certain Bond 1 The to day of bearing date the Comijany of for securing the sum and interest [or, if such transferis by endorsement, the within right, estate,and interest in and to. the money security]and all my thereby secured money, if the Transfer is of a Mortgage, and in and to the tolls, \_and and property thereby assigned].
do of the in consideration hereby transfer to the
"
sum
of
said
In of
witness
1
whereof
have
hereunto
set
my
hand
and
seal
this
day
Section 74.
Form
No.
5.
Proxy.
doth Company," A. li.,in his matter in his absence to vote name relating to the undertaking upon any to be held on proposed at the meeting of the Proprietors of the said Company think the the said CD. as next, in such manner day of may
A.B.,
one
of
the
Proprietors of
"The to
hereby appoint CD.,
of
be
the
Proxy
of the
said
proper.
In witness the Common
whereof
the said A.B.
hath
hereunto
set his hand
\orif a Corporation,
1
Seal of the
the Corporation]
day of
ORDINANCE
A.D.
1846.
No.
OF
1846. be called and

to
An
Ordinance
''
to
incorporate a
Kail way said
Ordinances
No. No. No.
s.
The
Demerara the in
Company to Company,"
o/'1847, 6 of 1850, 11 of 1894, (3.),

16 No.
s.
authorize
a
and
of
the
1902,
See No. No. No. No. No. No. iVo. No. No. No. and 1901.
4,
incorporated.
also 1 2 2
3
Railway City of Colony, to Mahaica,

for other
and maintain Company to make of British Guiana, from Colony Georgetown, the Capital of the said the with Extensions and
Branches,
and
Ordinances
purposes.
of 1846, of 1852, of 1854,
[18th July, 1846.]

a railway in the Colony City of Georgetown, the Capitalof the said Colony,to Mahaica, would be of great publicadvantage to the Colony by opening and keeping a certain and expeditiouscommunication between Mahaica and the aforesaid Georgetown and intermediate and adjacentvillages and districts, and by affordingand the means of bringingthe produce of the said facilitating Colony into
lo/'1849.
WHEREAS
the
making
and
maintaining
o/'1855, 0/1861, 8 0/1896, 10 of 1897, 16 of 1899, ;3 of 1900 No. 8 of

5
of British
Guiana, from
the
the
market
And
whereas
continuation construction continuation And of
of the said of
from to result correspondingadvantages are likely railway to other parts of the Colony, and lateral branch railways therefrom, and from
the
the
such
thereof ;
whereas
by
an
indenture
and made
or
September, 1845,
Street, in
the
between
deed, bearing date the 18th day Charles Cave, of Thread-
needle
of
Finsbury Circus,in
the
City of London, Esquire, Michael M'Chlery, County of Middlesex, Esquire, and others
A.D.
of the
are,
or
1846.]
first
DEMERARA
RAILWAY
COMPANY. whose
or
[No.
names
2.
145
part ; the
or
several
other
persons and indenture
and
seals
by
to
a
themselves
under
their
respective attorneys
to
agents, thereunto,
in
duplicatethereof,subscribed
or
affixed
or
the
schedule
the
written second
annexed
such
duplicate of
Alexander Street, part ; and MacGregor, of No. 3 Chester Grosvenor Place, in the County of Middlesex, Esquire,and Alexander Street,in the City of George Milne, of No. 10, George Yard, Lombard
London, Esquire,of the third part, which is hereinafter referred to as of Settlement," and the said Deed in which it is recited (amongst other things) that the several persons, parties thereto of the first and for making second parts, had agreed to form stock a joint company and such and all works maintaining railway as aforesaid, necessary if connected with the said Company therewith, thought fit power,
"
and
the
or
of Legislature continue
this
extend
or
such
also
two
Colony railway and

or
should make from for
permit
any such the
them
to
do
so, to
lateral
branch
or
railway
continued taking underten
branch
railways
had
therefrom
extended
purpose
railway; and
a
agreed to
hundred
raise and
of
such
capitalof
shares if of
thousand increased into the
fiftythousand pounds, in such twenty-five pounds each, capital to

as
be
thought
the
first
proper,
thereinafter
mentioned,
several
and
to
enter
covenants
thereinafter and
Alexander
contained, the
parts, have
thereto with
of the
second
persons, covenanted and
parties agreed
Macgregor and Alexander George Milne, Act and so soon that, when as an administrators, of the Legislature of this Colony could be obtained for the purpose and associated become remain a as they would joint stock company for the purpose of the said undertaking, viz. "the taining making and mainMahaica from to a aforesaid, railway Georgetown respectively
their executors and and all
or
said
extend
as
necessary continue
works
connected
and
to
therewith,
make
with
such
power said and
to
the same,
branch
railway or
in the the
railways
Deed
of of
name style as Railway Company," or such other name might be fixed by such Act, and that the capital of the said Company should be the sum of two hundred and into thousand divided fifty pounds each thousand ten of of be the amount to shares, pounds, twenty-five if in and thereinafter increased, thought proper, manner mentioned, that such shares should be numbered in ai'ithmetic progression, beginning with No. 1, and should be personal estate and transmissible as such, and, as such, should not be subjectto the lex loci,but be regulated to transmission thereof and otherwise as by the law of the place
"
contained aforesaid, according to the provisions and be contained in such to Settlement, Act, by
The Demerara
of domicile certain
of the
shareholder; and the said Deed of Settlement tains conthe conduct relative to the said Company and provisions
in London The and in
"
of Management by Committees be t o Georgetown aforesaid, styled respectively and the said

said "The and Demerara the
of the affairs thereof
London and
mittee" Comin the

of
Committee,"
of
and
the
shareholders
Company,
meetings
such
shareholders
respectiveCommittees, and the shares in the capitalof the said Company, and the increase of such capitalby the creation of new and the conversion of shares into stock, and the transfer shai-es, or transmission of shares,and the payment such of calls on shares,and
the and
contracts
to
be entered
said
into
by
or
on
behalf
of the
said
Company,
regulation
the
various
other
agreements
it is deemed
and
for the provisions
internal
of the And
afl'airs of the
whereas
Company and otherwise; expedient to facilitate
the
proof of
146
No.
said
2.]
Deed
THE
LA
WS
OF
BRITISH
GUI
AN
[A.D.
1846.
of Settlement and
in all may
actions, suits,or
be of
or
matters,
or
things which
of the said
proceedings, acts, done under or brought, instituted,

the behalf
covenant or any of or against the
other
by
virtue
Deed
Settlement, or
on
therein
contained, by
provision said
and capacity ; and such proof would Company, in its corporate name the said Deed of Settlement facilitated to be by causing greatly that each of should the and same printed copy by declaring printed, be admissible in the like manner in evidence in which ances public Ordin-
be
are
admissible
Be
it therefore and
consent
enacted of the
by
the Governor
of
of British
Guiana,
follows
:
"
with
the
advice 1
.
Court
Policy thereof,as
as
Short
title.
This
Ordinance 1846.
may
be cited
the Demerara
Railway Company's
Ordinance,
Interpretation
of terms.

Words Words
the context
otherwise
requires,
"
"^
'
gender only include females : importing the masculine the importing singular number only include the plural number; and words importing the plural number only include the singular number :
extends
of
"
"Lands"
to
messuages,
:
lands, tenements, and

for
"
ments heredita-
"
Lease
The
or
any includes
"
tenure
an
agreement
"
lease
"
Railway
and and
Railway
branches
mean respectively
the canals
or
railway
other
thorized au-
the extensions connected

to
"
thereof,or
the this
works
therewith, respectively, by
:
Ordinance
be made
"
Toll
under
includes any this Ordinance
rate
or
charge
or
or
other
payment
payable
the
for any
passenger, constructed
animal, carriage, goods,
merchandi.se, articles,matters,
"
railway,or along any canal include Goods things railway :

"
of
every
things conveyed upon by the Company : kind conveyed upon
the
"
Month
"
means
"
calendar
month hours
"
Day
Oath
means
:
twenty-four
affirmation
computed
other in this
de
momento
in
mentum mo-
'"
"
includes
or
declaration
lawfullysubstituted
"Justice include the
case
for
an
oath
of any
the
peace" and "Justice" Stipendiary Magistrate or

be, acting
the
matter
or as
or solemnity Colony : and mean respectively
Justice
of the
Peace,
who any
as
may interested in
such
in
this
Colony, and
Peace
; and two
is not such
requiringthe
Justice of the
cognizance of
StipendiaryMagistrate
matter
where
any
is authorized
"
or
required to
"
be done
by
Justices, the
Justices assembled and two means expression two Justices is matter authorized so or quired reacting together; and where any aforesaid be done to as by two Justices, any Justice the party or summon partiesbefore himself and another may
Justice,or
; and
before where
any any
two matter
other is
so
Justices, as
authorized
may shall and
the
or
case
may
quire re-
done
by two Justices,the StipendiaryMagistrate:

Court
"
same
requiredto be be done by any

in its civil
"
means
the
Supreme
Chief
Court
of of
British
Guiana Court
the or jurisdiction,
Justice
the said
during
non-
148
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
such
1846.
is of
and others,without Justices, any proof being given so printed, or that such copy is a true copy of the Settlement, or of any record thereof.
that
copy original Deed
(2.)If any person whose duty or interest it may be to deny and and denies takes such of any disprove the correctness upon copy shall he be himself of such to disprovethe correctness permitted copy, shall rest entirely to do so, and the proof of such incorrectness upon
him.
Enforcement
of
provisions of
Deed of Settlement.
6. acts, matters, and (1.)All actions,suits,or other proceedings, done under or or by virtue thingswhich might be brought,instituted, of the Deed of Settlement covenant tained or or provisiontherein conany taking, behalf of the Company, or with reference to the said underon be brought, instituted, done or by or on behalf of the may Con pany in its corporate name and and particularly capacity, ment payof all subscriptions and calls upon in respect of any share or or be shares in the said undertaking, as providedby the said Deed, may enforced so by or on behalf of the Company, as well against the several |)ersons parties thereto as against or persons person any other who may for the time being be a shareholder in the shareholders or Company. (2.)Every person becoming a shareholder in the Company under of the said Deed, although not a party thereto,shall be the provisions all the in the bound and therein contained by provisions agreements if he had the said executed same manner as Deed, or some actually 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
a
shareholder
of
to
recover
any
money
or
due
for any that
it call,
shall is
be sufficient for the shareholder

of
to which
one
Company
or
to
declare
state
the
defendant the
of
more
shares
to
in
the
number
and shares), the

one
is indebted
arrear
the
amount
Company Company in
in
(statingthe
sum one
of call of
money
or more
calls in
or
may action
respect
and the
to
each
virtue
upon of such
share
more
an
(statingthe
has
number
amount
calls), whereby
and
accrued
Company
by
of this Ordinance the
the Deed
of Settlement. rivers from and
Provision
case
for
7. Whereas
of
interruption of Railway by
etc. bridges,
and creeks, intercepting
Colony is intersected by divers large breaking the communication by land

other
parts of the Colony
to
parts thereof
Be
sees
it therefore
many enacted
a
that it shall be lawful for the
Company,
of the
if it river
or
to establish fit,
railway, commencing
banks
vessels
on or or
near
on
the bank
any
connect
creek
to
which
to
part of the
such
terminate
end, and
propelled by such power as which between Company, and such railways,the communication be shall be of such boats, or vessels, kept up by means bridges, may considered all and deemed and to the same to be one Railway, subject the rules, and provisions contained in this Ordinance. regulations,
the General
Power make to the
to
to be
Railway or may railways by bridges,boats, or be deemed expedientby may
opposite to Railways
the
Powers
for
of the Company.
the
a
8.
and
"
(1.)It
to
shall be make and
lawful
Company,
and
it is all
on
powered, hereby em-
Company
and maintain
maintain
conveniences
connected
railway, therewith, for the

is to
with passage
proper
such
at
works
railway
such
Railway from
of
that carriages properlyconstructed,
say,
commencing
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
convenient Mahaica
2.
to
as
149
Georgetow-n to
^^'''^*''^^-
pointin or near the Company,

may
the and
City of Georgetown
terminating
to at
as
may
appear
in
or near
such
point
also appear convenient (2.) It shall also be if and in

case
the
lawful
Company. for the Company,

proper
or
and
so,
it is
to
hereby
or
empowered,
continue
it thinks
to
do
extend
the
Railway
to
Georgetown and Mahaica and and to make maintain places, railwaysfrom the Railway between
any such extension and
or
points in the any aforesaid,or respectively

point
any lateral
or
Colony beyond
either
of those
branch
railway or
or
Georgetown
thereof
as
continuation
as
and Mahaica, with aforesaid, with
from
all such
proper
works
or
conveniences
or
aforesaid
connected
the said
extended 9. The
:
continued
branch
have
railwayor railways.
the exclusive
Company
Provided
and
shall that
Railway comply with
carry
are
contained, which
right of railroad on the Exclusive right of road on and Company strictly faithfully "^''"^'^yinto effect all the in this Ordinance provisions or ought to be performed and fulfilled on the
the shall
part of the Company. 10.

as
"
(1.)It
for
shall
name
be
lawful of the
for
the
Company,
or
and
person
it
is
or
hereby
persons
Power
to the to
authorized,in
it
the that
Company
of
such and
Company niaking of
may
purpose
appoint, to
contract
agree
with
any
for person the works
making the Railway or any part thereof,or any other of Railway and works. hereby authorized to be made or done by the Company. such contract or (2.)Every agreement (beingin writing)shall be binding on the Company and all other parties thereto,their respective actions heirs, executors, administrators, and assigns successors, ; and and suits may be maintained thereon, and covered damages and costs reby or againstthe Company, or by or against any other party
thereof.
in the execution failing "'o
of this Ordinance, the Company, its 11. (1.)For the purposes deputies, contractors, agents, servants, and workmen, and other persons by it authorized,shall be and they are hereby empowered from time in the daytime into to time to enter and the lands of upon or whomsoever, according to the provisionsand any person persons
"
Power
to the to
Company
survev'and
take and
use
lands, etc, for
restrictions
same
or
of
this
and Ordinance, also is of
to to
survey
set out
and
take
levels
of
the
RaQwa^y"^
any
part thereof,and
as
and
parts thereof
take
or use
the
Company
purposes
by
this
Ordinance
appropriatesuch empowered to
for the
this
lands lands, or in or upon any 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
Ordinance, and in or upon such adjoining thereto, to bore, dig, cut,
any
other therein
materials
or
or
thingswhatsoever
in the execution
which of
otherwise
any
be may of the
dug
or
tained obof
powers
this
for making, Ordinance, and which may be necessary or proper altering, or maintaining, repairing, using the Railway and other works obstruct the making, by this Ordinance authorized, or which may maintaining, or altering, repairing using the same according respectively
to the true
intent and
purposes
meaning according to the

or
and
of
this Ordinance;
and
and
also, for
of
over
over
the this
provisions
restrictions
across,
or or
Ordinance,to construct Railway or other works

lands, or
or
make
in, under, upon,
the
authorized, any roads,streets,dams, ways, lanes,or other publicpassages mills, canals, brook", streams, or other waters places, rivers, valleys,
any
VOL. I.
by
this Ordinance
lU
150
No.
2.J
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
inclined planes, tunnels, embankments, bridges, arches, piers,roads, ways, passages, conduits, drains, culverts, cuttings, and such houses, wharves, stellings, fences,and also to erect and construct warehouses, toll-houses, landing-places, engines and other buildings, the
of and
such whatsoever,
machinery, and Company,

all
or
apparatus
or
and
other
works
on
and
conveniences in the think execution
as
also
person any of the powers any the alter to course
acting
of of
its behalf
this
any
Ordinance, rivers, not
may
proper,
navigable canals,
if necessary, for watercourses structing contrenches, brooks, streams, or and other works or maintaining tunnels, bridges,passages
over or
under
the same,
course
and
to
divert
such
or
alter,as
or
well
as temporarily
permanently,the
widen
or
of any
or or
rivers
or
streams
or
trenches,roads, streets,dams,
any
ways,
raise
of water, canals, sink the level of, or
such
rivers
streams, canals, trenches,roads, streets,dams,
the
in order the ways, of the construction
more
conveniently and
as economically,
the side of the divert any any other

trenches
one
or
Railway, to Railway, as they may

or
carry the same think proper,
over,
and
or
regards or by to particularly
under,
trenches into
more
of
any
such
two
or
streams,
more
canals,
such either also
one stream, canal, or or water-courses, drains, trenches,
may form
others,so as thenceforth,for
that
of
on
streams, canals,or
side of
to
any
distance
the
way, Rail-
canals, trench, conduits, into, through, or under

from also
and
make
any
water
lands, for
from
or
the
or
purpose
of
bringingor
or
goods, animals,
carriages to
the
the
to
conveying any Railway, or

erect
passengers,
conveying
such
to
Railway,
and
other
and
construct
and houses,warehouses, offices, and
lings, buildings, yards, stations,steland
wharves, engines, machinery,

conveniences
to
as
apparatus, and
and also
other from
works time
or
time
of
think they may discontinue the alter, or repair, and

to
proper,
to" any
beforementioned
works,
do
them,
substitute others
and
in their
stead, and
to
and
execute
things necessary for making and maintaining, by this using the Railway and other works Ordinance authorised Company, its deputies, contractors, ; they, the agents, servants, and workmen, doing as little damage as may be in of the several powers the execution hereby granted to them ; and the hi manner hereinafter Company or making recompense satisfaction,
matters
all other
and altering, repairing,
by them sustained in or by the of all or any of the powers execution hereby granted. shall be sufficient to indemnify the Company (2.)This Ordinance and all other for what whomsoever they or any of them may persons do by virtue of the powers nevertheless,to hereby granted,subject,
be such
mentioned, to all persons interested used, or injured, for all damages to
in any
lands
which
may
be
taken,
provisions
and
restrictions
as
are
hereinafter
mentioned
and
contained.
Breadth of
12.
^^^
a
The
lands to be taken
one
or
used for the line of
the
in
EailvvaT
exceed
hundred
may
greater breadth
yards in breadth, except for an be judged necessary
Railway shall places where approach to the
Railway, or for carriagesto turn, remain, or pass each other, or for for crossingvalleysor low tings, raisingembankments grounds,or in cutand not above one hundred in and fifty place,except yards any at the termini in or near or respectively, Georgetown and Mahaica elsewhere, for stations, wharves, warehouses, and other buildings, in writing of the owners or of,or except with the consent occupiers desirous interested be lands which the in, Company may persons any
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
2.
151
of
ia appropriating, for the purposes
order
to and
for the purpose
of
obtaining greater
along the
of
space
of this Ordinance. convenient for the
1 3. The Company may make, at turn-outs or Railwciy,passing-places using the Railway to pass each other.
distances
Power
to make
enabling
carriagespassmg-places.
Acquisition of Lands.
After any this Ordinance of
14.
lauds have
intended been
set
to
be taken and
or
used
for
the
out
it shall ascertained,
to enter
purposes be lawful
Power
to
partiesunder
and
or
for any
or
such
the
partiesas
same
hereinafter
mentioned and
to
sell and
into
transport
transport^
convey *^" lands
convey
or
to the
Company,
that
all necessary
agreements
for Jife
women,
for that for any
purpose, committees
is to
say,
all
tenants corporations,
or
^^
other
or partial
estate qualified
or
interest,married
and
guardians,
curators
of
lunatics
idiots,
;
trustees,executors, sequestrators and the power sell and to so transport
of
and plantations,
or
administrators
as
convey
aforesaid
lawfullybe
and
oi's, but
exercised their
behalf not only on by all such parties, administrators, heirs, executors, respective
on
may selves of themand

cess suc-
also for and
behalf
if
women
unborn, or not incapacitated, if they were as sole,and wards,

and
to
of every person be found, and to

as
entitled
as
after
them,
of
the
to
such behalf
married behalf
of
to
such
or
guardians on
on or
their
and
as
to
such whom
as
committees
curators
lunatics that
idiots of
same
they are
such
the
committees
the
extent
wives, wards, lunatics, and

the
same
curators, and idiots
could respectively
have
if
exercised
of this
and
as
Ordinance
to
they
had
power been respectively
under
under
such
trustees, executors, sequestrators of
authority disability, and plantations,

no
the
administrators,on behalf of their cestuis que trusts, whether infants, that and to the issue unborn, lunatics, femes covert, or other persons,
same
extent
as
such powers
cestuis
the
had
same
under under
could have trusts respectively que if the authorityof this Ordinance

no
cised exer-
they
such
any
been respectively 15.

The of
disability.
be
consideration
any such
to
paid for
the
purchase
of any
for
lands, or
damage
16.
therein and
done
The
as
of any interest estates, or thereto,shall be in a gross sum.
therein, or
for such
Consideration lands.
of any such lands, or of any such and this all Ordinance aforesaid, partiesby
owners
estate
or
interest
to
Acceptance of
enabled
to
as
sell,compensation
transport
the
subjectto
ment
or convey, restrictions
such lands, may agree any contained in this Ordinance satisfaction for the value of
accept, and,
to
damage^to
lands.
the
pay-
thereof,may
accept,
such
lands, or
of any such estates, or be entitled,and may
any interest in like manner
therein,to which
of the
party may any accept compensation for any
damage by
such
them
sustained
lands, or
otherwise
by owing
reason
severing or
of
dividing of
of this
to
the
exercise
the
powers
Ordinance.
17.
lands
With
to
respect
to
the
consideration any
to
be
and pacity, under tion such the
purchased from not having power

this for
to
party
money under any
to
be paid for any incaor disability
Ascertainment
"f,^j!|^g"J
in
case
sell and
provisions in
be
Ordinance
transport or convey, except contained, and the compensa-
of
parties nuder
'*^
money lands
paid
Be
it enacted
any that
or injury to any damage permanent such consideration or compenmoney
^"
152
No.
sation
2.]
shall
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
by
may whom
assessors
not, unless
the valuation the
the
same
has
been
determined
of
under
the provision hereinafter
contained, be less than

two
mined be detershall
by
nominated such
as
of
valuators,
the
one
be
if
by
Company
of agree the
and
other
the
by
the
other such
party, and,
third such valuator
two
valuators
two
cannot
in the
valuation, then
on
any
Justices for that
Peace,
of application
ators, valu-
may
Ascertainment of amount in of of
purpose
to
appoint.
compensation
money
to
18.
lands from
or
With
to
respect
the
be
paid
of from
for
any
or
be
compensation
case
any
purchased from any party, who, by reason other incapacityor accident, is prevented
found, injury to
and such the
absence
absent
parties.
cannot
be
compensation
:
permanent
or
lands
Be
money it enacted may valuators
to
be
treating paid for any

tion considera-
that be
as
such
compensation shall not

of the
for that With
be less than
three
determined
two
by
the
may
valuation nominate
majorityof such
purpose.
to
Justices
Costs
of
19.
such all such include
respect
the
costs
of the the the
transport or conveyance
of any
transport or
conveyance.
lands
purchased or
shall be
taken borne
costs
by by
Company Company,
Be
it
enacted
costs
that
shall
and
such
charges and expenses, incurred on the part as well of the and of all transports, conveyances, seller as the pui'chaser, assurances of any such lands, and of or incident to the deducing,evidencing, and the title to such lands. verifying
all
Settlement of costs of
20.
not
If the
as
Company
to
and
transport or
conveyance of in case difference.
agree of taxation purpose,
the
amount
the party entitled to thereof,such costs shall
any be
such
costs
do
ascertained
by
the
Taxing
such
Officer
either
to
party may
costs
proceed
such
tax
taxation
being given to
of
as
of the Supreme Court ; and for that shall apply to such Taxing Officer,who of hours' notice accordingly, forty-eight the opposite party ; and, after taxation of the same, the
same
in default thereof,
manner
payment
any
and
form
other costs
payable under
be recovered in may this Ordinance may
be recovered.
Payment and applicationof irarchasemoney

111 C(ISG 01
21,
the
g^^^
For
the
purpose money
may
"/
of
or
providingfor
compensation
to
1
the
to
purchase
lands
as
be
of deposit and application paid in respect of any
belong
o
parties under
disability:
"/
Be
it enacted in respect corporation,
imder piirties
disability.
that if any such purchase money or compensation is of any such lands, or of any interest therein, which
tenant
payable
any
for life
or
for any
other
or
partialor
curator
interest, married qualified

lunatic
or
woman,
guardian, committee
of
idiot, trustee,
under disability executor, sequestrator, administrator, or person any of this Ordinance, be be entitled to, and may, under the powers may enabled to transport, convey, or dispose of the same, shall be paid
into
as
and Essequebo or for Berbice, Office for Demerara Registrar's The Demerara there ex parte to an account require, may and shall remain such so deposited, Railway Company ; money of the Supreme Court, until the subjectto the order or disposition is of the following pui'poses, that is same one more or appliedto some the the
case
"
"
to
say,
"
(1.)In
in
the
discharge of
of which
respect
the and
any debt such money
or
incumbrance have
to
affectingthe lands
the the like lands
may the
(2.)In
trusts
purchase of
purposes,
other
and
lands
in
be
same
paid ; or conveyed upon

been
manner,
as
A.D.
in
1846.]
respect
or
DEMERARA
RAILWAY
COMPANY.
[No.
been
2.
153
of
which
is
such
money of
may
have
paid
stood under
Court
settled ;
(3.) If
the
such
money
paid in respect
in
any
buildingstaken
as
authority of
direct ;
or
this
others substituting may
Ordinance, in replacing such their stead,in such manner
buildings or
the
(4.)In
money.
payment
to
any
entitled party becoming absolutely
to
such
22.
the
Such
money
Court
to
made
the
on
may the and
be
so
applied as
the
aforesaid
petition of
party
lands until
who in
upon would
an
order
have
of
Order
for
been
and^kive^tm
meanwhile,
entitled
money
rents
been have may the like it may, applied, upon the by Registrar in such Court
to ; and
of the profits deposited ; and,
respect of which
money
can
such
be
at
so
the
order,
manner
be
depositedor
as
invested directed shall from
terest in-
may
be
time
by
the
time been for
the
interests
to
and
annual who
proceeds thereof
would
for the
time
be
to
paid
the
the
party
being have
order
entitled
such thereof
rents
investment may For
and
be made
the
cases
the of the said lands, and profits annual the interest and of application the like petition. on
and
proceeds
23.
in
certain
purpose of the such
respect of any
Be of it enacted any such money refuses
a
that
in
or
providing for the payment and applicationDeposit of or compensation to be paid in w^grrpartie purchase money lands not refuse to convey disability: belonging to parties under or do not the followingcases, that is to say, if the owner
of
lands,
or
of any
or
interest either if any
therein, on
tender
fails to
of
to
the be
chase pur-
compensation,
same,
agreed
such such
or
awarded
paid,
out
pensation com-
to
accept the
the
person therein
owner
make
or
title to
lands
in
respect whereof
or
purchase money
cannot
to
or
the
be may satisfaction
payable,or to the of the Company,

or
interest if such
or
claimed by him,
be
found,
as
is not
known,
refuses
to
transport
directed
to deposit Company, it shall be lawful of such in the purchase money lands, or compensation payable respect and Office for Demerara interest therein, in the Registrar's or any to be to the for case placed his Berbice, as require, Essequebo or may such in lands interested the credit of the there account to parties control the to the far can them do),subject so as Company (describing and disposition of the Supreme Court, and a chart or diagram of such Chief Justice the and the to during nonor Court, lands, petition Clerk Sworn in his the for or on Registrar, session, authority any formalities the all and under to law, i-equired by Office, pass execute,
by
the
convey for the Company
such
lands
transport
or
Company hereby authorized

fit ;
; and
of the said lands to conveyance the Chief Justice the Court, or

to
and
in favour
of
the
during non-session, is
may
seem
grant
such
order
in
the
as pi-emises
and,
authority being granted,such transport or conveyance Clerk as aforesaid shall be passed by the Registrar or a Sworn
on
such
in the
usual and
customary
be lawful
manner
and
any
form.
or
24.
It shall not
for
person
party whomsoever
the
to
Prohibition
of
to the passingof any transport or conveyance oppose or conveyed to the any lands advertised to be transported
the objects and
Company,
of the
upon Office of the Registrar aforesaid
purposes notice
mentioned of any
in
intended
ad
to
Company of Company for this Ordinance, provided the depositsin the opposition,
amount
*" "P^g"j^\^*^f
transport,
conveyance,
or
if
p^^X^semon
made.
purchasemoney
agreed
jus habentiuni, the be paid for, or the amount

opus
of the
154
No.
2.]
THE
LA
WS
OF
BRITISH
QUI
AN
[A.D.
and
form
1846.
herein
valuation
of any
such
lands, ascertained
in
manner
prescribed.
Application
of money
deposited.
appHoation by petitionof any party making claim to last aforesaid or any part thereof, or as deposited any money lands purchased or taken by the Company, or any part thereof, or
25.
On the
so
to
the any
as
interest
to
in the Court
or
same,
the
the
may
may order
seem
Supreme order fit,
Court such
may, money
or
in
to
summary be laid
way,
out
or
vested, in-
distribution
thereof
payment
of the
dividends
of the
estates, titles or according to the respective or lands, or parties making claim to such money
thereof and
seem
interests any
part thereof,
Court
may
may
make
such
other order in the
premises as
to
the
fit,
Power
to
direct
or
26.
Office
Where of the
investment
purchase any Registrar under
money the
or compensation paid into provisionsof this Ordinance,
the
has
payment
money in
of
respect of
interest. partial
of benefit and been paid in respect of any estate in lands for the use parties having an interest therein not amounting to the absolute ownership, it shall be lawful for the Court, on the petitionof any shall be laid party interested in such money, to order that the same the Court as invested,accumulated, and paid in such manner the such consider will, give to the in parties interested money, may
out,
same
benefit
therefrom such
as
they might
may
have
in respect of which
as
money
have
been
had legally paid,or
from
as
near
the
estate
thereto
may
be.
The
Costs
in
cases
27.
been
so
Court
may the
same
in all such
reason
cases,
except where
refusal
or
money any the
may lands
have
of money
deposited.
depositedby
to receive
of the
or
wilful
of
party entitled
in
spect re-
thereto
same,
to
transport
convey
the
whereof matters,
of the
the
may
be
payable,order
costs
of the
ing followcident incosts
includingtherein all reasonable charges and expenses thereto,to be paid by the Company, that is to say, the purchase,or of the taking or using, of the lands,or which
incurz'ed otherwise in consequence provided for,and and also the of
may
as are
have
herein
been
other thereof,
the
costs
than the
such
costs
of
deposit or
in the
ment invest-
of such
money
of the re-investment
thereof
purchase
for any terest inthe
out
of other
of the
lands, and
purposes and annual of the
costs obtainingthe proper orders and of the orders for the payment of aforesaid,
Court
produce of of such principal such as thereto, except

claimants.
such
money, and money
and of
for the
all other
payment
of
lating re-
may
be occasioned
proceedings between by litigation
adverse
Notice tuke
of to
28.
which
"
intention
of the lands the Company requires to purchase any (1.)When by this Ordinance it is authorized to purchase or take, it shall thereof
to to
lands.
give
notice
all the sell
by
this Ordinance
as
parties interested in such lands,or enabled such and the same, or transport or convey
to
be known may this Colony, and by such
of them
the
Company
shall
or
to
its from
notice
demand
in representatives such partiesthe
of their estate and interest in such lands and of the claims particulars made in them thereof. by respect (2.)Every such notice shall be in writing, and shall state the of the lands so required, that the Company and shall state particulars is willing to treat for the purchase of the interest in such lands of the the notice is addressed, and to the compensation to as party to whom
156
No.
of ^ for
2.]
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
Method Justices
settling dispute,
(1.)It shall be lawful for any Justice of the Peace, on the of either party with respect to any or application question,difference, in disputeauthorized be settled by two matter to by this Ordinance
32.
Justices,to
another
to
summon
the
or
other
two
party
other
to
appear
before
a
himself and
and
Justice,
the
before any
summons,
Justices, at
time
place
parties,
of the
be named in
in the
or,
absence
it shall be
of
summons,
any lawful
and, on of them,
for such
matter
the
on
of such appearance of due service proof

to
Justices in
hear
and
for
determine that pose purupon of
any
such
to
examine
or difference, question, such parties, or
and dispute, and their
any
of
them,
witnesses
oath.
(2.)The
such
costs
of every
such
inquiryshall
the in
be
in
the
discretion
Justices,and
If the does
they shall
determine
claimed
amount
thereof.
Rule mode
as
to
33.
compensation
not
of
mentioned
claimed and
exceed
two
two
hundred of the
of the cases hereinbefore any and the same dollars, forty and if the
settlement
shall be settled in any
according to
amount.
by
Justices
cases
Peace,
compensation
two
as
of the
hereinbefore
same
mentioned referred to
exceeds
assessors
dred huninafter here-
the fortydollars,
shall be
mentioned.
Giving
notice of
34.
one as
"
(1.)Where
of
assessors
Ly the Company before issuing

warrant
assessors.
mination it is necessary to refer any question to the deterof difference as then, reason afoi'esaid, by any
month
at
least before
issuing its
warrant
for
appointingassessors
notice in
for
hereinafter
provided,the Company
whom such
shall
give
have
cause
writing
his
to
the
party with
in the
Colony, of
may its intention to
difference
arisen,or
such
assessors
representatives to be
appointed. of money (2.)In such notice the Company shall state what sum it is willing to give such party for his interest in such lands, and way. for the damage to be sustained by him by the making of the Rail35.
two
or
by Requisition
party claiming compensation
to have
assessors
"
(1.)If
any
of
hundred of
any party who claims and fortydollars and
compensation
to
the
amount
of
interest the
therein, taken
summoned.
Railway desires the be determined by assessors, it shall notice in writing to the Company of making
(2.) Such
claimed
claimed is
to willing
a
upwards in respect of any lands, affected for or by the injuriously such of amount compensation to be lawful for such party to give
such his desire.
state
party shall in by him in such
such
notice
the
nature
of the the
terest in-
lands, and
of
the
amount
of
sation compen-
by
him
in
I'espect thereof
for that
; and
so
unless
the
Company
enters
into
days
pay the amount written agreement after the receiptof in which

manner
compensation
claimed,and
any
the Company entitled, District such in the
purpose, such notice any shall issue its warrant
then, within
from
to
twenty-one
party
so
such
the
Magistrateof
assessors
the
lands
are
situated
to
summon
ingly accord-
herein
case
mentioned.
in which
Issue of warrant for
36.
gatiou
issue
"
(1.) In
is
its warrant
every
to to
any
question
of
disputedcompen-
summoning
required
be
determined
assessors.
the
some
lands
common
in
question,or
seal,and
shall the Company by assessors, which the of the District in Magistrate under its is situated, or part thereof,are the the
signed by
assessors
him
to
summon
under
Secretaryof the Company, requiring for of this Ordinance provisions
that purpose.
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
in
[No.
in
2.
157
(2.)If such Magistrateis interested of the Company or being a shareholder

shall be made District
to
some
the matter
of the
are
otherwise, such
Peace
or
disputeby apphcation
of the said
disinterested
some
Justice
in which
the lands,or
part thereof,
is situated.
37.
of the
"
(1.)On
Peace
as
the receiptof such the

case
,.
may
warrant, the Magistrate or Justice twelve disinterested be, shall summon

',,
Summoning
"^
jurors for
and of
-^
as assessors, persons the Supreme Court,
being persons
its criminal
duly qualihed to to meet jurisdiction,

purpose.
i-r?ii
act at
"
"
assessors
jurors in the time and
as
selection
assessors.
placenamed (2.)Out
case
in the warrant of the persons
for that
'^^ 19
ofl893
persons may
or
shall be
assessors,
as
be, as
six disinterested appearing upon such summons, the selected by the Magistrateor Justice, as for the purpose of assessing such sation compen-
damage
in
hereinafter
mentioned.
of
(3.)Fourteen
be
days'notice
the
the
time
to
and
placeof inquiryshall
party
or
given
in this
writingby Colony.
Company
the
other
his
sentative repre-
sation
party claimingcompenand shall have all such rights and plauitiif, the trial of the in is action entitled at to a s an plaintiff privileges law in this Colony. tice, (2.)If either party so requests in writing,the Magistrateor Jusshall be deemed the
as
38. (1.) The Magistrateor Justice of and the said inquiry, on be, shall preside
"
the the
Peace,
as
the
case
may
Conduct "Î'^'T-
of
the
case
may
to
on
be, shall
be the examined like
summon as a
before
witness
hiui
any
person
sidered con-
necessary in
question,and,
the in
assessors,
request, the
or more
order
matter
or
any
three
of
touchingthe matters Magistrateor Justice shall them, to view the placeor

and
assess
controversy.
the
assessors
(3.)Before
compensation
or
proceed
that
to
inquireof
the
damage
make such
in oath
respect of which
their decision
is to
be
given,they
of and
or
shall
assess
inquire they will truly and faithfully compensation or damage, and the Magistrate well
as
Justice shall administer called upon 39.

The
to
such oaths, as give evidence.
the
oaths
of all persons
assessors
shall deliver their decision
for the
sum
of
money
Rules
of
to
be
paid for
the
purchaseof
the lands
requiredfor
the
Railway, or
assessment
o*
of any interest therein, such belongingto the party with whom question of disputed compensation has so of arisen,and also the sum for done the be lands of such to the to paid injury money party any from such lands of the lands requiredby the Company, by the severance
and for the also
Pî'^'^'^se
compensation ô"" damage,
the
sum
of
money
to any
to
be
damage
whether
occasioned it be for
such
lands
paid by by
way the
of
compensation
of
execution
the
damage sustained before the time of the for future damage, either temporary or permanent, or for or inquiry, is then only in part obviated, damage, of which the cause any recurring and which will not be further cannot obviated by the Company ; or of money and the sums to be paid for the injurydone by any such severance as or aforesaid, by way of compensationfor any such damage shall in every case the value from be assessed separately as aforesaid, of the lands, or the sum of to be paid for the purchase thereof or
any interest In
works,
therein.
sum
40.
of any
assessing the
of money
to
be
paid
in such
for
the
purchase
may
Deduction "^ âluf
of "'terest
such
lands,the
value
of any
interest
lands
wliich
purchased.
158
No.
have
2.]
been
THE
LA
WS
OF
BRITISH
GUIANA the
[A.D. 1846.
shall
theretofore
purchased by rightfully
Company
be
first deducted, Recording and

effect of decision and
judgment.
Magistrate or Justice of the Peace, as the case may be held shall give decision and such inquiry may or compensation assessed by such judgment for the purchase money and the decision and judgment shall be signed by the Magistrate assessors, or Justice, and, when so signed,shall be depositedand kept in the Office of the Registrar for Demerara and Essequebo or for Berbice,
41.
"
(1.)The
whom
be,
before
as
the
case
may
require.
such
or
(2.)Every
and the
same,
decision
and
judgment
shall be deemed evidence
recoi'd,
in all
true
copies thereof, shall be good

may
Courts
and
elsewhere. persons fees

or
(3.)All
and may for have the and
Rule
as
inspectthe
or
said
decisions
and
judgments,
copies thereof
extracts
payable
exti'acts
to
the
spectively therefrom, on paying reRegistrar for inspection of records
copiesof
On
therefrom. assessors,
or a
to
42.
the
every
is
such
inquiry before
for the
same
where
sum
the than
decision of
the
sum
apportionment
of costs of
assessors
given
greater
costs
inquiry.
by Company, Company ; but if puch decision is given for a less than the sum offered by the Company, one-half of the sum previously shall be defrayed by the owner costs 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 treating with the Company, all the costs shall be borne by the Company.
be borne
offered previously
the
all the
of
such
inquiryshall
by
the
Particulars of costs.
43.
of the
Such
costs
as
shall
be
determined
by
the
Magistrate or
Justice
Peace,
costs
and
such
be, who presideat such may may shall include all reasonable and costs, charges,
case
the
inquiry;
expenses
incurred of
the attendance summoning making the inquiry, assessors, witnesses, the employment of counsel, recording the decision and
in
judgment, and
Payment
of costs.
otherwise
incident any such
to
such
inquiry. payable by
are
44.
within entitled
With
seven
respect
to
costs
the
Company, if,
to
days
receive
after demand,
the
same,
such
same
costs
not
paid
the
party
his
to
the
shall be recoverable of the

to
by distress,
give
may
and,
warrant
on
apphcation to any accordingly ; and

of
out
Justice with of
Peace, he
any such
shall
costs
same
respect
payable by
be
to
the
owner
the of and
lands, or
any money and
at
deducted such Ije

No to
a
any awarded of
interest
therein, the
assessors
by
the
the
to
be
paid
owner,
the payment
remainder
of
such
money
shall
good payment
No
to
satisfaction
of the whole be
thereof.
sell and
power
45.
convey which
party shall
the exceed
any
a
time
requiredto
of any
or an
transport
the extent house
or
or
require sale of part of lot,etc.
Company
party
is
part only
of
to
lot of laud of any
of
does not
such
one-fourth
acre,
other the
if building,
wilhng
sell and
transport
or
convey
whole
thereof. Lands
to Mortgage. subject
Power
to
deposit purchase
or
4i6. (1.)Whenever land subject to any

"
the
or
Company purchasesor
mortgage,
the
i i
"
takes
of possession
lauds
receive
under between
to
^
money
there
the
,
arises
,
any
"'
difference
, "
any mortfiaKor
"
or
part thereof, and

of
,
"
such
i
and
the
..
compensation in order to obtain
mortgagee
thereof,
of
or
as
winch
of
,.
them
is
entitled
to
purchase money
compensation
for
the
same,
and
such
differ-
A.D.
1846.]
is not
DEMERARA
RAILWAY
COMPANY. such
to
[No. 2.
and
morttransport
159
ence
settled satisfactorily be
lawful for the
between
mortgagor
money
"jr
gagee,
it shall
Company
of such
depositin the
Office of
or pensation. com-
liuid'r ^'*gt'd
the Registrar aforesaid the amount
purchase
(2.)In
in,
and
the
or
the
event
of the
mortgagee
or
a
the
mortgagor
of
in
favour
the
refusing Company
after
to release failing to neglecting pass and
his interest
execute
to
transport
or
lands witliiri two
months
such
deposit,it
in
to
conveyance shall be lawful

manner
of,
such for
Company
for
to
petitionthe
Supreme Court,
Sworn
hereinbefore
in
manner
mentioned
form such
authorityon a prescribedby law, the mortgaged lands to and

it
sees
Clerk
of
pass,
or
and
of the
necessary in favour
transport
the
conveyance
;
Company
and
Court, if
shall grant fit,
Company
such
costs
the
to
cost
of such
be made
the
by
the
the and shall award to such petition, and shall order application, payment of depositedas Registrarout of the money
last aforesaid.
passingof such transport or conveyance, such lands titled absolutelyvested in the Company, and it shall be enthereof ; but, nevertheless, all rights to immediate possession and remedies possessedby the mortgagee against the mortgagor by other obligation, virtue of the mortgage, or of any bond or covenant or (3.)On
shall become
shall remain in force in
respect
of
so
much
of
the
mortgage
debt
as
may
not
have
been
satisfied
by
such
deposit.
Lease.
a
Lands
to subject
47. (1.)If any unexpired or for a

"
lands life
or
are
comprised in
lease for
term
of years
Apportionment
the
payable in respect of the purposes the part premisescomprised in such lease shall be apportioned between so requiredand the residue of such premises. (2.)Such apportionment may be settled by agreement between the one the lessor and lessee of such lands on part and the Company the other part ; and, if such on apportionment is not so settled by such apportionment shall be settled by agreement between the parties,
of this
two
lives, part only of Ordinance, the rent
which
lands is
required for
"[^j!^'^"j
lands under lease taken.
Justices
of the such
Peace
in
manner
and
form
aforesaid.
to as apportionment,the lessee of such lands shall, of the rent all future accruingrent, be liable only for so much as may of be apportionedin respect of the part not required for the purposes this Ordinance, and the lessor shall have all the same rights and to such remedies for the recovery of such rent as, previously ment, apportionreserved by such lease ; he had for the recovery of the whole rent
(3.)After
and
to
all the
covenants, agreements, and

of rent
to be
conditions remain
of such
lease, except
as
the amount
paid,shall
may
not
as
in force with the
regard to
that
part of the premiseswhich
Ordinance,
in the
same
manner
be requiredfor they would have

included in the shall be
of this purposes been such in case
part only of the premiseshad
been last
lease.
Every such from Company tenancy by reason not required,or

48.
the works.
lessee
as
aforesaid
the
entitled
done
to
to
receive in his
Compensation
to lessee.
for compeuvsation of the

severance
damage
lands of
him
of the
reason
required from
of any
those
otherwise
by
the
execution
such
49.
If any
such
lands
are
in the
as
possessionof
at
greater interest therein than
tenant
any person will for a year or
having
from
no
Delivery
possession
of
year
by
160
No.
at will year after to
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
tenant
or
to
from
that the
year, notice.
after receiving notice to year, then, at the expiration of six months effect from the Company or at any other time when after required of expiration
or
to
such and
to
lands
such person shall deliver up to the Company, period, take it to thereof, by possession appointed any person any in his possessionrequiredfor the purposes of this Ordinance ; such effectual whether it is
any such notice shall be the time of the commencement such notice is
given
with
reference
of such
or
tenant's
whether
given before
after the
holding or not, and purchase of such lands
by
Compensation
to such tenant.
the 50.
Company. required to give the expirationof

to
If any last aforesaid is such person as of lands him before so occupiedby possession any interest term or therein, he shall be entitled
up
his
for
compensation
or,
the value
of his
unexpired term
is
or
interest
in such
lands
if
part
only of
him
not
required,compensation for the damage done to in his tenancy by the severance of the lands required from those and of such the amount mined required compensation shall be deter; the partiesdiffer about by two Justices of the Peace, in case unexpired
lands,
or
such
lands
the
Production lease in certain
cases.
same.
of
term
If any party claims compensation in respect of any lease or interest under such grant of any any require such party to produce the lease Company may
51.
or
the
grant in
thereof
respect of which
in his
such
within
such claim may be made or and if, made in after demand power, lease or grant, or the best evidence
a
the
best
evidence the
reasonable
as
a
time, the party
so
Company not produced claiming compensation shall be

year
to
writing by thereof, is
considered
to
holding only from compensationaccordingly.

tenant
year, and
be
entitled
Limitation
time for of of exercise
of
52.
taking of
compulsory
powers
for the compulsory purchase or of the Company powers lands for the purposes of this Ordinance shall not be exercised after the expiration of five years from the commencement of this
The
Ordinance.
purchase. Lands
acquired hy
the
Company hut not requiredfor of their Undertaking.
purposes
Sale
of fluous superlands.
The and shall sell all such lands as have Company may may of this Ordinance, but which acquiredby it under the provisions be required by it for the purposes deem not thereof, as it may may most to the purchasers thereof advantageous,and convey the same by authorized thereto by and under the transport passed by any person seal of the Company ; and a receiptby an pany common agent of the Comseal shall be a sufficient discharge so appointed under its common such lands for the purchase money in such to the purchaser of any expressedto be received. receipt
53.
been
Taking of
Other purposes lands for which
Lands
for additional
for the
Stations,etc.
in addition
to
54.
j^nds
tract
"
(1.) It
authorized
any
shall
to
be
lawful
Company,
bv it
as
the
con-
be
compulsorilv
sell the
taken
same
aforesaid, to
with
to party willing
for the is to say,
purchase
"
of any
lands
for any
of the
following purposes,
of
that
(a.)For
the purpose
making
and
and wharves, stellings, yards,
additional stations, providing accommodation the for places
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
2.
161
of passengers,
and
or
for
unloading goods
or
cattle to
along
powers
the
canals any of this Ordinance, and
and depositing, loading or receiving, be conveyed upon the Railway constructed by the Company under for the
warehouses, and machines, toll-houses,offices,

and
erection of weighing other buildings

or
conveniences
the purpose
or
or
(b.)For
of making
convenient
roads be
ways
to
the
Railway ; (c.)For any
or venient conrequisite Railway, or for the general promotion of the objects of the Company in the said undertaking or the works connexion with by this
other
the
for
purpose formation
which
or
use
may of
the
Ordinance
authorized lawful
for
to
be made.
(2.)It
hereinbefore
convey lands
shall be
all
partieswho,
enabled
to
under
the
provisions
contained, would
be
sell and
such
lands
for the Railway, to sell and requii-ed requiredfor any such additional purposes
transport or transport or convey

as
aforesaid.
55.
It shall be
lawful
lands
for
the
Company
to
sell and
transport
or
Power
to the to
have it at any time may so acquired, Company convey and and for such such in considerations, thereof, or manner, additional any part and think fit, the Company may to such persons again to purchase lands, as
the additional
which
other lands convey
for the like purposes,
and
to
afterwards time.
sell and
transport
or
the same,
and
so
from
time
Temporary Occupation of
56.
Lands
near
Railway during
Construction
"
thereof.
lawful
(1.) Subject to the provisionsherein contained, it shall be Power to the time before the expirationof the Company to the Company, at any temoccupy for the limited this Ordinance completion of the Railway, jjorarily periodby private roads and lands without making any previous payment, tender, or deposit,to enter within certain than five and use existingprivate roads, not being more upon any distance from of the Railway, and also to hundred Railway. yards distant from the centre hundred and than two not more enter fifty lands, being any upon yards distant from the centre of the Railway, and to occupy the said lands during the construction or repairof the Railway, and to use the for any of the following same purposes, that is to say,"
for
(a.)For
(6.) For
the
;
purpose
or
of
taking earth
or
soil
by
side
cuttings
for
therefrom the
formation
of obtaining materials purpose of the Railway ; or purpose of
therefrom
the the
(c.)For the Railway.
forming
roads
thereon
to
or
from
it shall be lawful for (2.)In the exercise of the powers aforesaid, and work, upon manufacture such and also to the Company to deposit, used in constructingthe Railway, and of every kind lands materials of from and take out also to dig stone, gravel, any such lands any clay, for found therein useful be that or sand, or other things proper may roads aforesaid. such the as Railway or any constructing
57.
side
"
(1.) In
case
any
such
lands
are
requiredfor spoilbanks,
for the construction
or
or
for
Giving
notice
cuttings,or
for
obtaining
materials
repair
p"e'\'ious"t
taking
of the
Railway, the Company
before enteringthereon shall,
(except in
162
No.
the
2.]
case
THE
LA
WS the
OF
BRITISH
GUIANA
[A.D.
1846.
temporary
of accidents
notice
to
same
to
Railway requiringimmediate
or
reparation),
representatives
intention said lands the the
possessionof
lancis.
give six weeks'

in this
to
are
in
Colony,and
upon the
writing to the owners the occupiers, of such

for such
their
lands
of their
enter
requiredfor any of the Company shall (exceptin the

thereof.
in case ; and purposes other hereinbefore purposes

case
mentioned,
aforesaid) give ten days'like
notice
in any such notice,state the substance (2.)The Company shall, herein contained the right of such owner provisions respecting to require the or Company to purchase any such lands or to occupier the case receive compensation for the temporary occupationthereof, as
of the
may
of Separation lands from lands. taken
be. Before
the the such lands for the purposes Company uses any do the to of, so owner or required by occupier theresufficient from the lands fence a by adjoining
58.
it aforesaid,
if shall,
same
adjoining
separate
thereto.
Right
of
owner
59.
"
(1.)Where
the
Company,
for the for
in the exercise purpose of
of the powers
for the
said, aforeor
of lands
temporarily
occupied
to
any upon side cuttings thereon, or

or
enters
lands
making spoilbanks
construction
obtainingmaterials
require purchase
thereof.
Railway therefrom, it shall be lawful for the owners lands,having such estate or interest therein as, the provisions under hereinbefore to mentioned, would enable them lands to the Company, at any time during sell and transport or convey such lands the possession of any by the Company, and before such or owners occupiershave accepted compensation from the Company in respectof such notice in writing to serve a temporary occupation, the Company requiring it to purchase the said lands or their estates on and interests therein respectively. or (2.)In such notice such owners occupiersshall set forth the their in of of interest such estate lands, and the amount or particulars claim and in the be their respect thereof, Company shall thereupon bound to purchasethe said lands or the estate and interest therein of the parties such notice. serving value of such lands and the compensation,payable (3.) The and of difference, therefor to such owners shall, in case occupiers, be determined in other of disputedcompensation under this as cases
of repair
or
the
occupiers of
such
Ordinance.
Compensation
to be made for
temporary occupation of
lands.
where the Company is not 60. aforesaid, (1.)In any of the cases where required to purchase such lands, and in all other cases they herein take possessionof lands by virtue of the powers temporary the Company within month on one granted, it shall be incumbent such after its entry upon lands, on being requiredto do so, to pay to the occupier of the said lands the value of any crop or dressing be thereon, and to agree with the owner that may or occupier thereof for the payment of an annual sum by way of rent during the occupation
"
thereof,and also,within
said lands, and of the time
to not
six months
after it has
months
ceased
to
occupy
the
later than
by this Ordinance
owner
pay
to
or
such
and
expiration completionof the Railway, occupiercompensation for any permanent

limited for the the
said
six calendar
after the
damage
exercise
injurythat may have been done to of the powers hereinbefore granted.

amount
lands
in
the
(2.)The
of any
as
such in
permanent
cases
be determined difference,
other
of
of in case damage shall, disputed compensation
164
No.
2.]
or
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
as
1846.
convenient
so as
can
efficient
:
as
the
road
or
dam
so
interfered
there
are
with,or
more
nearly
one
be
Provided
always
that
where
than
estate, or lands, the whole of approach to any plantation, found cut is to be gone which roads it or across, approaches necessary will be much that so injured t^^ through, raised,sunk, or taken, so to travellers, passengers, thereby as to be impassable for or dangero^ entitled to the use for or to the persons thereof, it or or carriages, the to be shall not incumbent cause or Company obligatoryupon made and sufficient road be than to other or one approach more or and instead of the roads maintained approaches to be interfered
road
or
with.
(2.)If
dam
or
the
so
Company
before
does
it
not
cause
another
sufficient such
road
or
to
be
as
made such
or
interferes forfeit
road
with
dam
any is
not
existing road
for every
dam
it aforesaid, dam
shall
dollars ninety-six
or
day
during
which
substituted has been former and

use
made
after the
existingroad
Period for
or interrupted injured.
64.
with such
"
(1.)If
road
such
dam
road
of
substitution
or
restoration
the
new
formation
or
of road.
to
be
as
dam be restored compatibly cannot Railway, the Company shall cause dition put into a permanently substantial conor
the
equally convenient
substituted.
the
road
or
dam
for
which
the
same
is
(2.)If
the
and
or use
such
former of
or
road the
or
dam
he
can
be
restored
restoration the
compatibly with
shall
and
formation road
Railway, such
shall
be
made,
road may road
the dam
former
dam
or lestored,
substituted
be,
or
shall be put into such condition aforesaid, as the case as within months after the first operation twelve the former on may
or
dam
have dam
been
to be
of the road
to
an
commenced, unless the persons having charge restored,by writing under their hands, consent
in
extension
of the
and period,
such
is not
case
within
such
extended
period. (3.)If
road
or
dam
such road or dam any is not completed within
restored,or the substituted

fixed for
the
period hereinbefore
that purpo=;e, the Company shall forfeit twenty-four dollars for every such road of the periodduring which dam or day after the expiration
is not such
so
restored, or
as
the
substituted
road
or
dam
and
is not
completed
in
condition
aforesaid. be sued
Court for of
(4.)Every .such penalty shall Attorney General by action in any

0"jligation on the Company t'l repair road
used
or
by the jurisdiction. competent

recoverable
65."
uses
or
(1.)If,in
the
the
course
of
making
the
Railway, the Company
interferes with
same
shall maintain
with
it public or private, any rrad or dam, whether such road of repair as in as good a state or
interfered
dam
by
them.
was
in at the the
same
time
when
the
state
shall leave
in such
Company began of repair at the
to
use
the same,
of its
and
use
conclusion
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 question shall l)e referred to the determination and such of two Justices, Justices may state of such direct such
road
or
improvements
and within the
dam,
reasonable,and may such improvements

dollars per time
impose on
or
repairs any
repairsto be made in the peiiodas they may think Company not carrying into etfect penalty not exceeding twenty-four
or
such
day, as to such Justices may seem just. within the such works to commence (2.)If the Company neglects appointed by such Justices in that behalf,it shall forfeit twenty-
A.D.
four
1846.]
DEMERAEA
RAILWAY
COMPANY.
it does
[No.
so
2.
165
dollars for every
day during which

continue
not
commence,
or
if,
having commenced,
to execute day to day fluly till the completion thereof, it shall forfeit twenty-four sucli works dollars for every day during which it does not so proceed in the execution of such works if the Company does not complete such works ; and within the time in that behalf appointed by such Justices, it shall works such which forfeit twenty-four dollars for every dfiy during their for remain completion. incomplete beyond the time so appointed (3.)Every such penaltyshall be recoverable by and in the name of the Attorney General by action as aforesaid.
it does not
from
66.
The
for every required,
where and descents, ascents Company shall make convenient crossed the footway Railway. by
Provision of
^^j.
foo'twav.
to the making and repairing of public roads and ^j^g^Q^^'^g other public works, the Comor roads,dams, bridges, of from expense and of the of for the making taken lands as Railway, proprietors purposes pany, shall not be deemed proprietorsof lands within the meaning of any 3!ii"roads of such public etc. Ordinance by which the expense of making or repairing roads and highways,and roads, dams, bridges,or other publicworks, is directed to be borne by proprietors of lands, but the Company shall at
67.
With
respect
highways, and
all times
hereafter be
exempt
from
all such expenses
or
any contribution
thereto. Works for Accommodation
of Lands
adjoiningRailway.
formed the
"
68.
After
any
part of the Railway has been

make to say,
construction
the times
the Company shall thereof, hereinafter mentioned, that is

so
and during followingworks
the
at
Making
of
acTommodation
of lands
(1.)Such and Railway as
convenient gates upon many be for the necessary purpose of may interruptions caused by the Railway to the
or adjoining the making good any use
Railway.
of
the
lands
through which
lands
from
the
Railway
or
trespass
be made, may the cattle of the
and
owners
protectingsuch
or
occupiers
of the Railway ; and straying thereout by reason also such and so many bridges,arches, hollows, culverts, fences, drains, and passages over, under, or by the sides trenches,ditches, of,or leadingto or from, the Railway as may be necessary for the
thereof
from
above
purposes
and
such
works
shall
be
made
forthwith
been
after
the part of the formed ; or
Railway passingover
such lands has
laid out other
mounds Sufficient posts,rails, (2.) hedges,trenches,ditches,
or
fences for separating the lands taken for the use of the Railway from the adjoining lands not taken, with all necessary gates made way, to towards the Railtowards such lands and not adjoining open and forthwith
so
shall all necessary such works stiles; and after the taking of any such lands, if the owners
be
made thereof
require ;
drains, trenches,or other arches,tunnels,culverts,
over or
(3.)All
such times
necessary either passages,

to
under
or
by
the
as
breadth, depth,and
convey
as
dimensions
as
sides of the Railway, of will be sufficient at all

to the lands lying near Railway, and such works
the
water
fiom clearly
the
Railway
shall be made
before the making of the from time to time ; and
way, of the Railfor cattle, where, by reason (4.)Proper watering-places lands lyingnear the cattle of any person occupying any
VOL. I.
1?A
166
No.
2.]
thereto
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
watering-places ;
deprived of access watering placesshall sufficiently supplied with water

are
to
their
so
former
as
and
such
had
be
as
made
to
be
at
as
all times if the
as
theretofore, and
way Rail-
not
been
made
; and
for that
make
under
water-courses, drains,or the Railway, or in, through, or

sufficient
trenches number
the Company shall purpose the side of, along, or by

over,
or across
any
lands
a
adjoining thereto, of
sufficient
manner,
and
dimensions, and in
the purpose of
and
with
same
proper
and
convenient
bridges over,
veying con-
and
tunnels
water
under, the
to
the said
for respectively, : watering-places lawful

a
Provided such obstruct

Cost of and
always
that
it shall be works
or
for
the
as
Company
will
not
to
make
or
accommodation the working
in
such
of the
manner
prevent
using
Railway.
to
69.
be
"
(1.)AH
at
accommodation expense of its the
works
be and
made
at
as
aforesaid
sufficient
shall
maintenance
accommo-
made
the
Company,
all times in
thereafter
dation works.
the and
Company
in proper (2.)For and
to
shall,at
the
own
condition,the
maintain expense, made works so by it.
repair,
such
works,
execute of enabling the Company to purpose the lawful for be them shall in it Company, keep repair,
accordingto
to enter
porary provision hereinbefore contained respecting the temlands its of the workmen, or agents occupation by Company,
the
into
any
lands
adjoiningor
in
near
to
the
Railway, and
making
upon full
load and
and
over
carry such
the
requisite materials
as
carts
as
can
and
otherwise
lands, doing
for any
little
damage
to
be, and
or
sation compen-
damage
done
the
owner
occupierof
of
such
lands.
modation accom-
Settlement difference works.

as
of
to
70.
accommodation
If any difference arises respecting the kind of each wôrks required, the number or of the
any
such the
works,
or
the
manner same owner
of
kind, or the executing them, or respecting

determined
any
sions dimen-
maintaining thereof, the

on or
a
shall be
or
by
two
Justices,
intersected
the
of any application
occupier of
any such
lands
otherwise
of
affected way
time
right appoint the Company.

Power execute works in
case
by the Railway, or of interrupted thereby, and

within which such works
other person having Justices shall also executed
shall be
by
the
to
71. (1.)If,for fourteen for the execution Justices or modation

"
accom-
ordered of
accommodation
case
may
or
works, the such accommodation be,
days next after the as repair, fails Company

works,
such
the time
case
appointedby
be,
or
such
such the the
may
of
any
as
to
execute
repair,
it shall who works
be
lawful be
for
default
by
the
owners
Company.
occupiersof
themselves
expenses
the
to
adjoining lands
execute
may
or
such
works
failure
aggrievedby and the repairs,
reasonable
executing or repairing such accommodation or by occupiers repaid by the Company to the owners whom the same have been executed or repaired. may shall such expenses, the same (2.) If there is any dispute about be settled by two Justices, not and if such expenses are repaid within five days after the same have Justices, and after been settled by such
of shall be
an
account
thereof has
upon
been
delivered
the
to
same
the may
Company,
be for
owner
and
demand
thereof made and

such
:
the
Company,
issue
levied that
or
by distress,
purpose
cordingly ac-
Justices Provided
shall
their
no
warrants
always 'that
such
the
occupier shall
with, thereis
un-
obstruct for
or
railway, or time,or use them longer
injure the
of any in any
works
connected than
other
manner,
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
such
2.
167
avoidablynecessary
works.
for
the
execution
or
repair of
tion accommoda-
72.
"
(1.)If
Justices
use
any
to
owner
or
occupierof
works
considers the accommodation
made
by
such
be
made
by
tlie
affected by the Railway Power to owner "^ by the Company, or directed J"" "^'^^^}'^^ for the insufficient commaicV t',j Company,
lands for such works
owner
modious
of such works the
lands, it shall 1)H lawful

for
or
occu-
additiomil
ac-
pier to
executed
make
that
without without the

a
consent
purpose, of the
but
such
shall
not
be is
^"q'^"*^''^
Company,
Justices.
or, if such
consent
withheld,
the
authorityof two
of in
For (2.)
purpose for ten
shall make
or refuses,
request
or occupier obtaining such consent, such owner Comwritingto the Company, and, if the pany
days
after
such
owner
request, delays
or
consent, it shall be lawful

tion
to
for such
occupierto
the
make
such
and Justices,
no
thereupon,after hearing
attends either
on
give such appHcaCompany, or

to
without
if hearing, such
person may
its behalf
after notice
their
for that
being made, as they may works the Company so desires all such last-mentioned the superintendence of its engineer,and under shall be constructed to and to be submitted approved accordingto plans and specifications the shall not that such Company nevertheless, by engineer: Provided, would be entitled to require either that plans should he adopted which (3.) If
involve
similar executed
cases
a
purpose, such works
Justices
give or
think
withhold
fit.
authorityfor
greater
expense
than
or manner
that
that
incurred
the
in
the
execution
of
works in
a
by
the
on
Company, expensive Company.

more
by
the
plans
that
selected
should
in
be
than
adopted
similar
73.
any two
If,
the
of application
the
owner
or
occupier of
such
or or
lands
"
to
Costs
of
of any Justices respecting the execution works, such Justices decide in favour of such owner also award costs to such such reasonable owner may
in this and expense and proper
accommodation
to application
J
11S11C6S
occupier, they
his tative represen-
Colony, or to such in making such application as

circumstances the of the
case
for his loss occupier,

to
of
time, trouble,
may
such
seem
such
warrant
Justices
; and
the
may
costs
shall be recoverable
as
damages *e"^ 74.

The
to
by party entitled thereto,in the same recoverable. herein made small amount are
shall not works
manner
Company
accommodation
be
compelled
use
to
make
additional land
for the
of from
owners
any and
further
or
Period durinwhich works

accom-
of occupiers
adjoiningthe
Until
Railway
after ten
years
the
commencement
of
may
be
this Ordinance.
required. the
or bridges
75.
modations
Company has made requiredto be made by it

the
no
other
between
lands
proper intersected
accom-
Power
by
the
owners
to and
Railway, and
any
such
other persons
and occupiei'sof such lands, and longer, the owners of whose right of way may be affected by the want at all times communication, and their respective servants, may
^^t'êJ.gg^^g
lands to
cross
Railway
works
are
until made,
freely any horse or other animal pass and repass, and lead and conduct in or the pai-t of the Railway made across dii-ectly (but not otherwise) of occupying the for the purpose through their respectivelands, solely same lands, or for the exercise of such rightof way and so as not the passage : to obstruct along the Railway or to damage the same
that Provided, nevertheless,
if the
owner
of
any
or
such
lands
to
has, in his
receive
pensation com-
arrangements
for
with
or on
the
Company,
of
received such
agreed
account
any
communications
instead
of
168
No.
the
not
2.]
same
THE
LA
W8
OF
BRITISH
GUIANA
[A.D.
1846.
those claiming under him or shall beingformed, such owner the Railway from the of to other the lands one part so part than severed,otherwise by a bridge,arch, or culvert erected at the those claiming under him. or chargeof such owner
cross
Branch
Power
owners,
Railways,
shall
to
76.
"
(1.)Nothing
lands
or
in
this
Ordinance
prevent
other
own
the
owners
or
etc., to
branch
occupicrs of
make
layingdown
Upon
or
adjoining the Railway, or cutting or constructing,at

own
any their
or
persons,
from
municating
with
through their
lands
or
ujôn
either expense, through the lands of
Railway,
the of such consent other persons, with or persons, any any canals their respectivelands of railway from collateral branches to communicate the of bringing carriages,goods, purpose from, or upon the Railway. if required, of any at the such Company shall, expense and and other persons, make owners occupiers openings in the ledges tlanches uf the Railway for effectingsuch communication in such or be made without can placeswhere the communication injuiy to the the and passengers (2.)The with
Railway, for
to,
or
Railway and (3.)The

for
canal
or
without
inconvenience shall not
to
the any
traffic thereon.
rate
or
Company
of
take
toll
or
other
money
any
the
or
passing
branch
any
railway
enactment to
goods,or passengers, be made so to by any

shall be
say,
"
other
such
things along
owner or
occupier
other person.
(4.)This
and
) (a. No
subject to
run
the
following restrictions
the
conditions, that is
such
bi-anch
railway shall
not
to parallel to
Railway
such for would in
(b.) The
in
Company
any
shall
be bound
it
make
set
any
ing openany
terfere, in-
place
upon
which which
specific purpose
or
with any
may such
have
apart
communication
or
inclined
plane
bridge, or
any
tunnel
; and
(c.)The
ways railmaking or using such canals and branch subject to all by-laws and regulations of the with Company from time to time made respect to passing the Railway and otherwise,and the persons upon or crossing to making or using such branch railways shall be bound persons shall be
construct, and
renew,
from
time
to
time switches the
as
need
may
require
to
platesand approved plan adopted by

directions of its engineer.
the offset
according to the Company and under
most
the
etc, Obstructions,
Penaltyon
person
ohstracting
construction of
Railway.
wilfullyobstructs any person acting under of the Company in setting the line of the out authority Railway, or driven into the ground for pullsup or removes any polesor stakes the line of the Railway,or defaces or destroys the purpose of setting out
the any
marks
77. Every person who
made
for
the
same
purpose,
shall for
every
such
offence
forfeit
twenty-fourdollars. During
in the execution of
Laying
of
78.
the
of any
done
contract under
made
such
or near
with
such
the
works
Company,
all the for the
property in
niatprials in
use
works
course
materials
under with
contract
purpose
of every of being used
being description brought upon

in the
execution
contract,
and
of
such
contract,
shall,in
all
the
Company,
A.D.
1846.J
or
DEMERARA
RAILWAY
COMPANY.
[No.
it for of
2.
169
mdictments purpose of
other
criminal
same,
proceedings instituted by
be
the the
protectingthe
held
to
be
the
property
Company.
79.
this After of tlie expiration all the
seven
years from
the
commencement
of
Duration po^êrs
of for
for granted to the Company powers much be the to to shall exercised, as so oease except executing Railway and of the Railway as as except such powers may then be completed,
Ordinance,
hereby
Railway,
may
hereby
be declared
to
be continued
for
longerperiod.
I'ollsto he taken
on
Railway.
80.
tioned
The
Company
the
by
Governor
in respect of the and this section,
tariff of tolls, which, when saneTariff of tolls for passengers, be demanded iôlicy, lawfully may animals, articles,and thingsset forth in Railway, passengers, that is to say, in the six next succeedingsections, shall and frame
a
Court
of
"
'First
upon
"
In
respect of passengers
as
and
animals
conveyed
upon any
in
carriages
carriage,
the
Railway
follows
person
:
"
(a.)For
every
conveyed
in
or
such
per mile ; (6.)For every and tjurden, in

or
(c.)For conveyed in
Second
"
horse, mule, ass, or other beast of draught or cattle conveyed neat every bull,cow, ox, or and upon any such carriage,per mile ; other small animal every calf, sheep, lamb, pig, or
for
or
upon
any
such
carriage, per
:
"
mile ;
In
respect of the tonnage
of all articles
conveyed
upon
the
Railway, or
any
part thereof,as follows

any
For (a.)' roads
dung, compost,
and
all sorts
of manure,
for the
lime, and
limestone,and
or
all undressed
materials
mile
;
repairof pubHc
highways, per
all
stones
ton, per
[h.)For
cinders,hay, grass, firewood, building,pitching,and paving, all sand, ironstone, and iron ore, pig bricks, tiles,slates,clay, all other similar iron, bar iron, rod iron, hoop iron, and and iron of not factured manuiron, castings descriptions wrought other articles of merchandise, per into utensils or
all for
ton
coals,coke, culm, charcoal,and
per mile ; For all sugar, molasses, grain,corn, flour, plantains, (e.) rum, salt fish,hides, dyewoods, earthenware, timber, stones, and
deals,metals
per and
ton ton
(except iron),nails,anvils, vices, and

mile
; and and other
chains,
{d.)For
per all cotton
other wares,
per mile
; and
goods, wools, drugs,manufactured merchandise, articles, matters, or things, per

the
Third
"
In
respect of carriagesconveyed upon

follows
:
"
Railway, or
any
part thereof,as
(a.)For
than
two
of whatever every carriage, wheels and not being a

a
for
one
travelling upon
ton, carried
;
or
railway,and conveyed on
such
having more description, carriageadapted and used than not weighing more truck or a platform,per
than
mile For (6.)

one
and
every
ton
ton, which
any
of every such
weighing more carriage, weigh, per mile, carriage may
176
Power demand for to tolls
No.
2.]
The of
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1846.
the
81.
water
Company
may
also demand
in
respect
carriage of
passengers, etc., by water.
animals, any passengers, the Railway along to or from
and articles,
or
carriageby veyed thingsbrought or conof any canals

structed con-
of
by
means
by
which and
the
Company
under to
the
powers
of this
Ordinance,
be authorized may aforesaid. form The toll which the
be taken
to by tariff,
be framed
any tolls in manner
Tolls
for
use
82.
for each
Company
the
or
may
demand
shall of
not
for the
use
of
engines
of engines.
carriages propelling
passenger to the
or
on
Railway
ton
sums
exceed, per mile, for

other
to
animal,
several
for each tolls

or
goods or
authorized
in articles,
addition the
sum
other
be taken
in
for
conveyance be as may and form The
of
such
authorized
passengers, to be taken
animals,
goods, or
be
such articles,
ner man-
to by tariff,
framed
aforesaid.
to
Eegulationsas of fixing
83.
the
following provisions and

such
shall regulations
that tolls,
be
"
to applicable
toUs
of fixing
Railway
than
and
other
is to say,
conveyed upon the Railway for Company may demand, in reasonable addition tolls and a to the charges for conveyance, of stoppuig, loading, and unloading; charge for the expense miles, or beyond any ^(2.) For a fraction of a mile leyond two tolls for such demand of miles, the Company may greater number the number of quarters of a mile confraction in proportionto (1.)For
a
persons, less distance
animals, or
two
articles
miles, the
mn^ ^-"-
tained
such
therein,and,
a
if there is
a
fraction of
a
of
quarter
;
of
mile,
fraction
shall be deemed of
a
fourth
mile
(3.) For
there
fraction
ton, the
one
Company
of of
a a
to the number
of
fourths
ton
demand toll according may in such fraction, and, if such fraction shall
is
fraction
of one-fourth of all
a
ton,
stone
be
deemed
one-fourth
ton
(4.)With
shall be and
respect
to
articles, except
and
timber, the weight
determined
according to
stone
the
usual
avoirdupoisweight ;
respect (5.)With fortycubic feet
to
of
cubic feet of stone, timber, fourteen oak, mahogany, teak, beech, ash, greenheart, and feet
so
cubic and timber as hardwood, or fifty usuallyknown mora, of every other timber, shall be deemed ton weight, and one proportionfor any smaller quantity.
ToUs
for
in
small
84.
With
respect
to
small
packages and single articles of great weight.
weight,the (1.)For
Company
the
may
packages lawfullydemand
and
single articles
as
of
great
tolls
follows
"
that is to say, parcels not small parcels, ceeding expounds weight each, the Company may demand any think fit : Provided which it may sum always that articles sent in largeaggregate quantities, although made up of several parcels, such as bags of sugar, coffee, meal, and the like, shall not be shall apply only to single but such terms deemed small parcels, and separate packages ; parcels bob, or single piece cylinder, (2.)For the carriageof any one boiler, of machinery, or singlepiece of timber or stone, or other single exceeds six article, the weight of which, including the cari'iage, demand but does the exceed not Company may tons, eight tons, not think it from such sums time to time fit, as exceeding may to be taken authorized such sum mile be by as per ton per may aforesaid ; and in manner and form to be framed tariff,
carriage of
ten
m
in Policy, cei"tain
cou-
No.
2.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
and
1846.
ance,
clear annual of the
to tingeiicies, revise scale of tolls and

new
stock capital
divisible profits Railway, upon the

exceed
upon
the subscribed
of the
seven
paid up
then last for
fix
scale.
precedingj-ears, shall equal or hundred pounds of such every

for the Governor
three months' scale of hereafter and notice Court in of
average the rate
of
fifteen
pounds
be
paid up Policy,upon
of their authorized in
capitalstock, it shall giving

to to
lawful
the
Company
the
to
writing
intention
do
so, to revise
fares, and tolls,

fixed
charges
by
manner
this and
Ordinance form
be
by
tariff to be
framed
relatingto the Railway, and to fix such new different classes to such charges applicable
scale
of kinds
aforesaid, tolls, fares, and

of passengers,
and
goods,and
Railway as, in the judgment of the and and Court of Policy, kinds Governor assuming the same quantities of traffic to continue, will be likely to reduce the said divisible profits Provided to the said rate of fifteen pounds in the hundred : always that revised scale shall take such effect unless no accompanied by a fares, guarantee, to subsist as long as any such revised scale of tolls, and charges may be in force,that the said divisible profits, of in case therein,shall be annually made good to the said rate of deficiency any fifteen pounds for every hundred stock : Provided, pounds of such capital such guarantee or also,that such revised scale shall not be again revised, than with the consent of the Company, for the withdi'awn, otherwise further periodof twenty-one years.
on
other
traffic
the
Payment
tolls.
of
90.
"
(1.)All
such
placesupon or near such regulations as

account
or
list of
paid to such persons and at such and under railway, and in such manner, the Company to the may, by notice to be annexed toll, appoint.
to
tolls shall be the
of any
or
(2.)If,on demand, any person fails to pay the tolls due in respect goods,it shall be lawful for the collector to detain and sell all thence tain arising to reany part of such goods,and out of the money the tolls payable in respect of such goods,and all charges and penses exof such
detention
and
render
such and
the
of the if such
if any, of overplus, remain as goods may

to
sale ; and such the money
collector
shall, on
such entitled tolls
recover
arisingby
demand, sale,and
thereto ;
in
unsold, to
removed
respect of the
on
goods happen same are paid, then the Company may before two one or Justices, as the complaint
require.
"
be
the person before the
payable
of the
such tolls
case
nature
may
Account of
lading, etc., to be given.
91. (1.)Every person being the owner carriage passingor being upon the Railway
of tolls at the for the
or
having
give
the
to
care
shall
the
of any collector
of collecting tolls carriagemay have travelled be about to travel, an exact in writing,signed by him, or account of the number and or quantity of articles conveyed by such carriage, have of the point of the Railway from which set such carriagemay to set be about is intended out or out, and at what point the same taken off"the Railway, and if the articles conveyed to be unloaded or liable to the payment of each or any of such are by any such carriage
places where
he
attends which
for the purpose
part of the Railway
on
such
tolls.
(2.)If
the out,
or
any
or
such
to
owner
or
other
person
fails to
give
leaves
and
deliver ing demanddelivers
such account,
same,
takes
produce his bill of lading to such if he givesa false account, or if he or any part of his ladingor goods at any
in such
collector
or
other
may
be
mentioned
account, with intent
to
avoid
the
place than payment
A.D.
1846,]
DEMERARA
RAILWAY
COMPANY.
[No.
2.
175
of any tolls the Company

for any
payable by him,
a
he
shall for
ten
sum
not
exceedmg
offence forfeit to every such dollars for every ton of goods or
for any less hundred one
parcelnot exceedingone hundred weight,and so in proportion quantityof goods than one ton or for any parcelexceeding weight as the case may be, which may be upon any such to the toll to which and such penalty shall be in addition carriage; be liable. such goods or things may
92.
the
of the dispute arises concerningthe amount the charges occasioned by Company, or concerning
If any reference
tolls due any
to
Difference to amount
as
distress
of
levied with distrain the

the amount
thereto, the
if the
case
goods,or,
the
thereof,until
amount
of the costs
or distraining may person the proceeds of the sale requires, and amount of the tolls due, or until such ascertained has have been of such distress, or
collector
so
by
that
some
Justice, and,
determine
costs ;
on
applicationmade
the matter
amount
to
any
such
Justice
for
purpose,
of the
costs to
he shall examine
the
and witn(!sses,
amount
of
upon the
oath
tolls for such
of the
parties or
also
to
due, and
Justice of
costs
the
and
it shall l)e lawful either of the
award
as
such
he
be
paid by
may
think the
reasonable,and
to
if,on
demand
partiesto the other thereof,such

same,
them
are
not
paid by
ordered parties
such Justice
distress,and
the pay shall issue
they
warrant
shall for
be
levied
by
his
that
purpose
accordingly.
93.
officer the
"
(1.)If
or
servant
any any difference arises between of the Company, and any owner
toll collector
of
or
or
other
Procedure
case
person
having
of difler-
charge of any carriagepassing or being upon the Railway, or of any ^yeight,etc., conveyed by such carriage, respecting the weight, quantity, of goods. such collector or other officer may of such articles, lawfully nature or otherwise measure detain such carriage and examine, weigh, gauge, or such cariiage and all articles conveyed thereby. (2.)If, upon such examining, weighing, gauging, or measuring, to be of greater weight or such articles appear quantity,or of other the has stated in account been than thereof,then the given nature, of such shall pay, and the owner has given such account who pei'son shall also, at the of such articles, owners carriage or the respective option of the Company, be liable to pay, the costs of such examining, weighing, gauging, or measuring ; but if such articles appear to be less weight or of the same or quantity than has been stated in such account, then the Company shall pay such costs, and it shall also pay and of or to such owner having the charge of such carriage, person of such articles, such owners damage, if any, as may to the respective for that made to him to any application Justice,on a summary appear
articles
purpose,
to
have
arisen
from
such
detention.
Prevention
of Frauds
"
on
the
Conipciny,
on Penalty
94. Every person who
(1.)Travels
fare, and
; payment fully (2.)Having paid his fare for a certain distance,knowingly and wilproceeds beyond such distance, without previouslypaying fare for the additional distance,and with intent to the additional
or
upon with
the
intent
Railway
to
without
having previously paid

thereof
his
practising
fraud
on
avoid
the
Company.
avoid
or payment thereof;
174
No.
2.]
THE
LA and
WS
OF
BRITISH
GUIANA
[A.D.
1846.
the
(3.)Knowingly
point
to
which
refuses or on wilfully neglects, arrivingat of he has paid his fare,to quit the carriage
the
Company,
shall forfeit
a
sum
not
exceedingten
is discovered such
dollars. either
as
Detention passenger
of
95.
If any
practising
fraud
on
attempting to
mentioned,
the
any all officers and all
person commit
in
or
after
offence and
in ohe last persons
committing or preceding section

on
servants
other
behalf
of
the
Company.
Company, and apprehend and

before
of law.
some
constables, gaolers,and
until he person until he is otherwise
peace
can
officers, may
lawfully
taken
course
detain such
Justice,or
be conveniently discharged in due
Milestones. Placingof
milestones
on
and
Railway.
distances with greater precision ascertaining shall the cause Company length of the Railway to be and other be set to measured, milestones,posts, or conspicuousobjects and whole the line the of maintained at distance thereof, along up 96.
For the purpose of the facility,
one
quarter of
mile
from
each
other,with numbers
or
mat
ks inscribed
thereon
denoting such distances.

Lists of Tolls.
Exhibition
of
list of tolls.
to be taken and l)ythis Ordinance by the Company shall be published by the same letters on in distinct black or being pamted upon one toll-board, more, white a ground, or white letters on a black ground, and by such board houses, tollor being exhibited in some conspicuous place on the toll-gates, or placeswhere such tolls may be payable.
97.
list of the tolls authorized be exacted
which
may
No
to power demand tolls
98.
the
use
"
of the
(1.)No tolls shall be demanded Railway during any time

to
or
taken which
by
the
Company
boards
at
for
at
so
the
or
before hereinthe
to
luiless list exhibited.
directed
be exhibited
are
not
exhibited,
and
which
milestones, posts, or
be set up and
other
conspicuousobjectshereinbefore
are
directed
maintained
person
not
so
set
up
maintained.
(2.)If
such
not
any
or
wilfullypulls down, defaces, or

such offence
destroys any
forfeit
a
board
milestone, he shall for every
sum
exceedingtwenty-fourdollars.
Toll Regulations
to toll ; collectors.
as
Collectors.
99.
Every collector
of tolls shall
conspicuouspart of the toll-house or other in legible on characters, and duty his name
name
placein the front or building where

each and
on
on
some
other be may of such

in
or
he
of the of
a a
letters breadth
shall be at least two and
inches in
in white
height
letters he
painted
on
a
either
black
ground
the
same
proportion, in
so
black
letters
white whole
ground,
time
and
on
shall
continue
placedduring
Penalties
on
the
he is
duty.
commits any of
100. offences such
Every
shall
such
forfeit
toll collector
a
who
the
following
for each
toll collector.
sum
"
not
dollars exceedingforty-eight
offence,that
is to say,
(1.)If he does not placesuch board, and keep during the whole time he is on duty ; or
the
same
in its
place
A.D.
1846.]
he
DEMERARA
RAILWAY
COMPANY.
[No.
in any such
2.
175
(2.)If
or
either refuses to any person from
hinders
permit any person to read, or the inscription on reading,

name
way board ; the
(3.)If
same,
or
he
refuses to may
have
tell his
to
who
paid or
name
tendered
any the
person
demanding
of
tolls demanded
him,
such person ; or If demands leas tollfrom any person than he takes a greater or or (4.) to be framed in he may to do by tariff', be lawfullyauthorized
if he
gives a
false
to any
manner
and
form the
aforesaid ;
or
(5.)If, upon
detains
upon (6.)If he passenger
or
legaltoll
;
or
being paid or tendered, he unnecessarily

any
hinders wilfully the
carriageor
or
any
person
from
ing passany
Railway
use or
makes upon any
of
any
scuri-ilous
abusive
language to
Justice, on
to any
person
using the Railway. lawfully

to
101.
If at
time
it is made
appear
to
any
com-
of Liability
plaint that any measuring of any

without such himself and be
collector pay
or
detention, examining, weighing,gauging, and mentioned was carriage or goods as hereinbefore vexatious the part of reasonable ground, or that it was on
such other
costs
^^^ wromûl
detention,etc,
^^
goods.
then officer,
of
the
collector
or
other
officer shall
the
such the
and measuring, recovered
damage
of any
detention, examining, weighing, gauging, occasioned fault thereby: and, in desuch

costs
or
of immediate
may
payment
damages, the
same
by
distress of the
for that is
goods of
purpose
and such collector,
such
Justice shall issue his warrant
accordingly. suspended from

if such collector his
so
102.
or office,
If any
such
toll collector
or
dischargedor
himself, and
dies, absconds,
absents
Deliverj' up of things in
the wife, widow, or any of the family or toll collector of such collector so discharged or representatives any suspended,or on discharge, ^^^' who have died,absconded, or absented himself, refuses or neglects, may
dischargedor
suspended,or
days' notice in writing for that purpose, to deliver up to Company, or to any person appointed by it for that purpose, its apwith other building, or toll-house, office, dwelling-house, any purtenances, matters other or books, papers, or belongingto the any Company, in the possession or custody of any such collector at the of any such event in right of his appointment occurrence as aforesaid, toll collector, as then, on application by the Company being made
seven
after
the
to
any
Justice,it
with proper
to
shall
be lawful
for
enter
such
Justice
to
order
any
or
stable, con-
to assistance,
and building,
to
I'emove
any
thereof,and
deliver the
purpose.
same
of any
to
upon found therein,and to take possession person such books, papers, or other matters, and
or
such toll-house
other
the
Company
any
person
appointed by
it for
that
Regulations and
103.
to the
By-Laws.
from time
C(
It shall be lawful
for the
Company
in this
provisionsand
restrictions
Ordinance
time, subject Power to the ntained, to make |^""e 're^îila

to
the commission for preventing and the smoking of tobacco regulations tions relatmg to smoking, etc of any other nuisance in or upon in any of the stations the carriages, or for the and or regulating premises occupied by generally Company, the travelling or working of the Railway. upon, or using, the observance of all or any of 104. (1.)For better enforcing regulations prescribedby this Ordinance, it shall be lawful for
"
the the
Power
to the
[^J'JJ^^g^^
alter
by-laws.
176
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1846.
alter
not
Company to make such by-laws and

repugnant
Ordinance.
to
and by-laws, make laws others
from
time
to
time such
to
provided
that
or
repealor by-laws are

of
the
of
this
Colony
I'educed
the
provisions
this
writing and shall have common Company. against any such by-law shall for every (3.)Any person offending such offence forfeit any sum not to be exceeding twenty-four dollars, the such in for imposed by Company by-laws,as a penalty any such
into
(2.)Such
by-laws shall
be
affixed thereto
the
seal of the
danger annoyance to the Company in the lawful of the publicor hindrance use Railway, it shall be lawful for the Companj- summarily to interfere to obviate or remove such danger, annoyance, and hindrance to do so or without prejudice to any penally incurred by the infraction of any such by-laws.
or or
if the infraction offence ; and non-observance or other regulationas aforesaid is attended with
of any
such
by
law
to
the
Power
to
105.
before
thinks
The whom
to
said any
mitigate penaltiesin
by-laws.
order
to allow the as by-laws shall be so framed be sought to penalty imposed thereby may part only of such penalty to be paid if such
Justice be
covered re-
Justice
fit.
The
Exhibition
of
106.
and
substance
and the
or
of
such
to
or
by-laws shall
such other
be
painted on
up of
boards
and
or
by-laws.
printedon
paper continued on
affixed front station
boards, and hung conspicuous part
affixed
every
office,
toll-house, wharf,
belonging to the Company, according to the nature of such and or so by-laws respectively, subject-matter thereof to give public notice the parties interested therein as to or affected thereby ; and such boards shall from time to tine be renewed often the by-laws thereon, or any part thereof, be obliterated as as may or destroyed; and no penaltyimposed by any such by-law shall be recoverable unless has been publishedand kept published the same
in
manner
aforesaid.
"
Operationand
proof
of
cation publi-
of
by-laws.
shall (1.)Such by-laws,when so made, publishedand affixed, and be observed all and shall sufficient be binding upon by persons, all persons to justify actingunder the same. of any such it shall be (2.) For proof of the publication by-laws, sufficient to prove that a printed paper board or painted containing affixed and continued a in manner copy of such by-laws was by this Ordinance directed,and, in case of its being afterwards displacedor damaged, then that such paper or board was replaced as soon as veniently conmight be.
107.
be
Penalty on
puUino person down board,
etc.
108.
put up
or
or
If any person affixed as
publishing any
pullsdown, breaks, or defaces for required by this Ordinance by-law or penalty,or obliterates any
any the of
such
board
of letters
purpose
the
figures thereon, he shall for every such offence forfeit a sum not exceeding twenty-four and he shall also defray the expenses dollars,
attendingthe
as
restoration any
of such board, and penalty imposed by
such this
expenses
shall be may
coverable re-
Ordinance
be
recovered.
Carriage of dangerous goods on
109.
"
(1.)No
to
person upon
shall the
be
entitled
to
carry
or
to
Railway.
Company gunpowder,
may
carry,
Railway
or any other goods be of a dangerous nature.
any which, in
oil of aquafortis,
requirethe or vitriol,
the Company,
the
judgment
of
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
such
2.
177
(2.) If any person sends by marking their nature distinctly

the
or
the
on
Railway
notice with
any in
goods
without
taining con-
the outside
of
the
package
the
are same
same,
or-
otherwise
of the
giving
writing to
the offence
keeper bookleft
other of
so
servant
Company
shall
whom such
at
the
time
sending, he
for every
forfeit
forty-
eight dollars.
110.
any
ance,
If, through
may have
to
any
act, neglect,or
incurred
default
on
account
whereof
this Ordin-
of LiaLility offender for
person any
damage
person,
penalty imposed by any has been the property of the Company

be liable to make
committed
to
as
properôf
Company.
by
as
such
to
he
shall
good
such
damage,
well
the
pay
such
If
penalty.
and
soon
111.
or or
at
to shut person omits any of the side either Railway as
fasten
as
any
he
and
Penalty on gate set up across ?"?*' the carriage,cattle, R^^^""

the
same,
other
animals
under offence
his
care
a
have
sura
for every
such
forfeit
passed thr ough not exceeding ten
he
shall
gate.
dollars.
Penalties 112.
For the purpose
and
Forfeitures.
and forfeitures penalties that of the Company, be it enacted offences for which of the several shall publish the short particulars of the of and amount this such penalty is imposed by Ordinance, any such be shall to and such penalty, cause painted on particulars any a board, or printed upon paper and affixed to a board, and shall cause some such board to be hung up or affixed on conspicuous part of the in this of the of business Colony ; and, where Company principalplace shall such boards to of local cause are application, any such penalties the immediate in be affixed in some neighbourhood conspicuous place reference such such penaltiesare to which applicable or have ; and the thereof renewed often shall be as or same as part particulars any is obliterated destroyed, and no such penalty shall be or or are been it has unless recoverable published and kept published in the hereinbefore required. manner 113.
providing exigibleunder
of
publication of all this Ordinance, or by-law any from time time the Company to
for the
due
Publication
of
ô^g|^^jfgg ^^^
by-laws,
Every penalty or forfeiture imposed by this Ordinance, or by of which is not in pursuance thereof, the recovery by-law made any be recovered otherwise by summary proceedings provided for, may the laws for the time being in force regulating Justices before two ; and of their procedure before Stipendiary Magistrates in the exercise of and the the on procedure i ncluding right jurisdiction, summary of Stipendiary Magistrates, shall apply in appeal from the decisions the modifications with to meet respect of such proceedings, necessary two Justices. of the jurisdiction the case hereby conferred upon
114.
Procedure
and
appeal.
See
Ordi-
nances No. 12
o/"1893awrf No. 13 o/"1893.
Any
to
by
and
and
him
agent of the seize his assistance, may

officer
or
name
Company,
and the
and
any such
all
detain
persons who person
called
may
Apprehension
of offender who is unknown.
have
committed
whose
any and
offence
against
are
provisions of
to
this
officer
Ordinance
or
residence
unknown
agent,
; and
convey such Justice
him
with
all covenient
despatch
before
some
Justice
to
shall
and
determination
despatch proceed offender. of the complaint against such
with
all convenient
the
hearing
178
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D. 1846.
Miscellaneous
Service process
Provisions.
of
on
the
Company.
notice, or writ, or other proceeding at law or Any summons, the served upon to be Company may be served requiring equity, by the same being given personallyto the Secretary or other officer appointedin 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 other officer ; and in case of such Secretary there is no Secretary or or such other officer appointed in that behalf,or the placeof abode of the is not found, then by being Secretaryor such other officer respectively member of Committee of the Company, or to the one given by any delivered of to inmate the some being place of abode of any such 115.
in member of Committee.
Saving of right of future legislation relating

to
116.
exempt
of any and
the Act
shall be deemed Nothing in this Ordinance from authorized to be made Railway hereby
of
or
construed
the
to
provisions
relating to
Parliament, Order-in-Council,or
be
Ordinance
railways.
railwayswhich
future
hereafter may it shall be lavvful for the enactments,

without
or
passed and
and
be in force in this
Governor
Court
of
Colony ; by any Policy,
ance, to repeal, amend or alter, part of this Ordinany that account to provide compenon being responsible sation indemnity to the shareholders of the Company.
or
Saving
No.
of
enactment. 1 of 1846.
117. Nothing in this Ordinance alter, repeal, vary, or affect section

Powers
in the of
Deed
of Settlement
shall
and
359
the
Companies' Clauses Railway Company
Consolidation
It shall not thereof
;
Ordinance, 1846.
be lawful
to
Property in of pig. carcase
118.
any the
for the Demerara

carcase
or
servant
the appropriate
Railway
to
but
the
property
in
the
of any pig destroyedon shall remain in the carcase alive.
person
whom
the animal
belonged when
(2 of 1902,
s.
4.)
SCHEDULE. Section 4. Deed

Preamble. This
of
Settlement
of
the
Demekaka
Kailway
Company.
the Eighteenth day of September, One Thousand Indenture, made Eight and Forty-five,between Charles Cave, of Threadneedle Street, in the M'Chlery, of Finsbury Circus,in the County City of London, Esquire ; Michael of Middlesex, Esquire ; Henry Barkly, of Eaton Place, Belgrave Square, in the Egbert said County, Esquire ; Sir James Cakmichael, of Sussex Gardens, in the Street said County, Baronet Anderson, of Lime Square, in the City of ; George East India London, Esquire ; James Brand, of New Chambers, in the City of Street Square, aforesaid,Esquire ; London, Esquire ; Henry Davidson, of Lime of Lime George Labalmondiere, Street, in the City of London, Esquire ; and Thomas Naghten, of Fenchurch Street,in the City of London, Esquire, of the first other persons whose and seals are names part ; the several iDy themselves, or by their respectiveattorneys or agents, hereunto, or to a duplicate hereof,subscribed and afiixed in the Schedule written under annexed to these Presents,or such or hereof,of the second part ; and Alexander Macgregor, of No. 31, Chester duplicate 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. Hundred the making a Railway in the; Colony of British Guiana, from town GeorgeCapital 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 aforesaid, and the intermediate Georgetown and Mahaica and districts, anil adjacent villages the mc;ins and of by affording or facilitating bringing the produce of the said Colony into the market, but would also probably Whereas the
Recitals.
180
No.
2.]
the
THE
LAWS
OF
BRITISH
GUIANA:
"
[A.D. 1846.
Register Book
of Share-
holders.
holders," Register Book of Shareand time, the names of additions of the several persons being shareholders in the Company, the number each such shareholders shall be respectivelyentitled, shares to which (distinguishing such of the subscriptionspaid on shares, and share by its number), and the amount seal of the such book shall r)e authenticated Company being affixed by the common shall take place at the first ordinary meeting or at thereto,and such authentication some subsequent meeting of the Company, and such book shall be kept at the Office iu London. of the Company 5. That
Company
such
shall
keep
book
to be called the
and
in
book
shall
be
entered,
from
time
to
Shareholders' Address Book.
shall to the said Register of Shareholders, the Company 6. That, in addition in London to be called the provide a book to be kept at the Office of the Company the Address time to time, be entered "Shareholders' Book," in which shall, from shareholder and every places of abode of the several shareholders of the Company, times peruse and may at all convenient such book gratis, require a copy thereof, may words so required to be copiedthe hundred of any part thereof,and for every one or not exceeding sixpence. Company may demand a sum
7.
Certificates of
shares.
That,
of the
on
demand
have
of the
the
holder
of any
seal
share, the Compan}' shall

to such the
cause
cate certifisuch
such
proprietorshipof such share

common
to be delivered
certificate shall certificate shall

Hnd entitled, the
of
specify the
same
share be
in the
Company undertaking to which

to any
shareholder, and affixed thereto, and

such
or
shareholder
is
may
the may
Use of certificate
as
London demand
Committee
any
sum
approved of by for such certificate the Company hereinafter mentioned ; and not exceeding two and sixpence. shillings according
form determined
8. That his nevertheless from
such
dence. evi-
certificate shall be prima executors, administrators,or

the want
facie evidence
of the the
share
title of such therein holder of any
holder, shareshare
asîmis,
not
to
specified,
of such
certificate shall
prevent the
thereof. disposing if any

at
Renewal
of
9. That
such
some
certificate be
worn
oirt
or
damaged, then, upon

hereinafter
the
same
certificate.
being produced
such Committee certificate shall of the share lost
meeting of
same
the
London
Committee the
mentioned,
or"ler the may be given to the
to be cancelled
party in whom
similar and thereupon another property of such certificate and
shall be at the time vested ; or if such certificate be proof thereof,a similar certificate shall be given to the entry party entitled to the certificate so lost or destroyed,and, in either case, a new substituted of the 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 not exceedingtwo shillingsand sixpence. any sum
therein mentioned
or
destroyed,then, upon
Register of
Transfers.
said
in the to be contained or subject to the regulations herein contained Act, every shareholder may sell and transfer his shares in the un'lertaking; and be in such transfer may or approved of by the London any form to be determined Committee hereinafter mentioned, and the same (when duly executed) shall be delivered to the Secretary shall enter a memorial and be kept by him, and the Sr-cretary thereof in a book to be called the Register of Transfers," and shall endorse such of transfer, such the and for every entry on the instrument entry and endorsement not exceeding two shillingsand sixpence, and, on sum Company may demand any the request of the purchaser of any share, an endorsement of such transfer shall be made the certificate of such share instead of a new certificate being granted, and on for such not endorsement the Company demand exceeding two sum any may and such and sixpence, shillings endorsement being signed by the Secretary shall be considered in every respect the same and until such transfer as a new certificate, shall have been so delivered to the Secretary as aforesaid, the purchaserof the share shall not be entitled to receive of the said undertaking, or any portion of the profits to vote in respect of such share.
10. That
"
No
right of
if
11. That
no
shareholder
transfer calls
paid all
not
calls for the time the London
being due
shall be entitled to transfer any share on every share held by him.
until he shall have
unpaid. 12. That

Committee
of
Closing of Register of
Transfers.
exceeding fourteen for the closing of the

in
some
days previous
same,
for a close the Register of Transfers may fix to each ordinary meeting, and may
period a day
ment seven days' notice shall be given by advertisementioned, and any transfer made during the time when the the shall be so closed,shall, between Company and the as party clamiing urder the same, but not otherwise,be considered as made subsequently which newspaper trnnsfer books
as
after
to such
ordinarymeeting.
A.D.
13. have
1846.]
become
DEMERARA
RAILWAY
COMPANY.
[No.
2.
Declaration
181
That, with respect to the reiristratiun of shares, the interest in which

transmitted in consequence of the death of the
or
a
may
bankruptcy
female the
to
or
of insolvencj'
transmission than transfer.
of any shareholder, or any other legal means
in consequence than by a
marriasêof transfer, according
shareholder, or by provisions of these
otherwise
by
claiming by virtue of any such transmission shall be entitled to of the said undertaking, nor to vote in respect of any profits until such transmission as the holder have been authenticated thereof, by in writing,as hereinafter mentioned, or in such a declaration other manner the as 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 and transmitted,and shall be made credible person before a signed by some Justice of the Peace, or a Master or a IMaster Extraordinaryin the High Court of Public in England, or a Judge of one of the Inferior Cotirts, Chancery, or a Notarj' or a Justice of the Peace, or a StipendiaryMagistrate, 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 not exceeding five shillings. Company may demand any sum
person
Presents,no
receive any such share
part of
the
of the marriage of a female holder, sharemarriage, or copy of the registerof such other particularsof the celebration thereof,and shall declare the identity of the wife with the holder of such have taken share,and if such transmission place by virtue of any testamentary instrument the probate of the will,or or by intestacy,
the
14. That
if such
transmission
be
by virtue
a
Proof
of transmission
said declaration
shall
conbiin
by marriage, etc.
letters of
from such will or letters of administration, or an official extract be produced to the Secretary ; administration, shall, together with such declaration, such and upon in either of the cases the Secretary shall make production, aforesaid, of Transfers. an entry of the declaration in the said Register
15. That
one
with
respect
to
any
to be
share
to
which
several
persons
may
be
jointly Giving
to such notice shares.
of
to
all notices directed entitled,
given
to the
shareholders
shall
be
given
of the said persons whose name shall stand first in the Registerof Shareholders and notice so given shall be sufficient notice to all the proprietors of such share.
joint proprietorsof
16. That
or
if any of such
money
the
or
the receiptof lunatic, curator

same.
idiot
be payable to any shareholder being a minor, idiot, or Receipt for guardian of such minor, or the receiptof the committee, money payable shaU be a sufficient discharge to the Company for to minor. lunatic,
the
17. That
whether
the
Company
shall not
be
bound
to
see
to
the
execution said
express,
to implied, or constructive,
w^hich
name
any
a
of the such
in
subject,and the receiptof the party in whose the books of the Company shall, from time
any to time, be
may
of any trust shares may be share shall stand in
The
Company
to
not bomid
regard
trust.
Company
or
for any
dividend
any trusts
or
other
sum
notwithstanding
not
to which
of money such share
payable
discharge to the of such share, then be subject, and whether

respect
the such
sufficient
the
to
Company
see
have
had
notice of such
trusts, and
bound
to the
applicationof the money

time
to
paid upon
Company receipt.
shall not
be
passing of the said Act, the Company in respect of the respective shareholders or owing by them, as they shall think and that no call fit,provided that twenty-one days' notice be given of each 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 shall be liable to shareholder every of the calls so in respect of the shares held by him made to the pay the amount and at the times and persons, places from time to time appointed by the
the make such calls of money the may upon of capital respectively amount subscribed
18.
That
from
time
after
Power make
to calls.
Company.
in the meantime, and until the passing of the said Act of the Power Provisional Legislature,the London Committee, may on giving twenty- make one days'notice,make a call or calls upon the shareholders of any further siim of money or sums required for the purpose of the preliminary costs and expenses hereinafter mentioned, beyond the depositof two pounds ten shillingsper share so call or the aggi-egate of such lastpaid as aforesaid, such last-mentioned mentioned calls not to exceed two holders share, and the sharepounds ten shillings per
19.
That
to procalls.
Colonial
visional
shall
manner as
be
liable to
pay
the
said
last-mentioned
to calls made
call
or
calls in the
same
subsequently to the passing of the said Act ; and Provisional the London Committee, for the time being, shall have the in every of the same respect,of enforcing the payment powers, said last-mentioned call or caUs, and of declaring the forfeiture of any shares, and
VOL. I.
is herein
provided in regard
13.\
182
No.
of the
2.]
call
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1846.
sellingand
same or
disposingof
as calls, are
such the
shares
in
provided by
of the non-payment of consequence these Presents, in regard to any call or

the
calls lature Interest

call
on
made
subsequentlyto
passing of
said
Act
of
the
Colonial
Legis-
unpaid.
do shareholder That if before,or the day appointed for payment, any on call to which he of any be liable,then such shareholder pay the amount may shall be liable to pay interes^t for the same at the rate of five pounds per cent, per from annum the day appointed for the payment thereof to the time of the actual
20.
not
payment. Payment of BubscrijitioD

before call. of the shareholders the Company if they think fit, receive from any may, due upon the willing to advance all,or any part of the moneys same, their respectiveshares,beyond the sum actually called for ; and upon the principal thereof as from time to time shall exceed so paid in advance, or so much moneys shall the amount of the calls made the shares,in respect of which such advance upon have been not interest at such rate exceeding five made, the Company may pay and the in advance pounds per cent, per annum, the shareholder as paying such sum
21.
That
Company
Enforcement
of call.
shall agree if at the
upon.
22.
That
time
appointed by
the
Company
for of
the such
payment
call, such
of
any
of any share fail to pay the amount be supd for the amount thereof by or on may of Law and or any Court Equity, or of both Law and such amount jurisdiction, be recovered, with may
call the
holder
holder share-
in behalf of the. Company Equity, having competent
interest eacli
at
the
rate
of five been
pounds per payable.

Declaration
action in
cent,
per
annum
from
the
day
on
which
call may
have
23.
the
more
That in th^
the
on
the
at
for call.
defendant,
the
trial of any such time of making and that

such
action, it shall be sufficient

such call
to
one
prove
share
that
or
call, was
was
holder
of
Company,
in
; and
fact
made, and
be
such
notice
to
thereof prove
matter Proof of pro-
given, as is directed by these Presents appointment of the Committee who
it shall not such
necessary
made
call,nor
any
other
whatsoever.
the production of the 24. That prietorship. shall be prima evidence
Eegister Book
of such
of
Shareholders
of the
pany Com-
facie
defendant
being
shareholder, and
of the number
Forfeiture share for of
payment non-
and if the
amount
of his shares. of any share the

the
25.
That
holder
fail
to
of call
respect thereof, together with

thereon, the
of expiration
interest
a pay if any,
call
that at
payable by
shall any have
him after
in
accrued the been
London
two
Committee from of such and forfeited,
hereinafter that whether

or
mentioned,
the amount
time of such
months
day appointed for payment

not.
call, m.ay
declare sued
Notice intended forfeitiire. of
such
share
or on
of such
call has
for
by
behalf
Company
share
to
26.
cause
That notice of the
before of
declaring any
intention
the forfeited, left at

the
London
or
Committee
last known
shall
such
be
usual
place
of
abode
person proprietor of such
country
any such
than
in
to be the of Shareholders appearing by the Register Book be in any other share share, and if thf' holder of any such England or the Colony of British Guiana, or if the interest in
share
shall be than
known
not
by
the
liondon been
may
Committee
to
have
become
a
mitted trans-
otherwise of be and such known

the
by transfer,as
shall whom
hereinbefore have
mentioned,
been
but
declaration
so
transmission
have
the
same
registered as
aforesaid,and
transmitted
the
not
adflress of the
to
parties to
the London
T'e in
shall
such
intention
shall give public notice of Committee, such committee daily London Gazette,and also in some newspaper, several notices aforesaid shall be respectively given twenty-one days at
London
least before
Sale of forfeited share.
the London
Committee
shall make
such
declaration
of forfeiture. of the forfeiture, auction

or
27.
London
That
immediately or
may
Committee and
at any time after such soil the forfeited shares
declaration either and
by
any
public
privatecontract,
if Ihero
be
more
than
seem
one
such
forfeited
share, then
shareholder
either may
separately or together,as to them shall purchase any forfeited share so sold.

Evidence
to
as
meet,
28.
in the Master
That
declaration before
in
any the
writing by
Justice Court of
some
credible
forfeiture
matter, made
the
Peace,
or
person, before
not any
interested Master Public

or
of ehare.
Extraordinary in England, or a Judge of one
High
of the Inferior
Chancery, or a Courts, or a Justice
of
Notaiy
of the
in
or
Peace,
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
2.
183
in the said Colony of British Guiana, a Notary Public and notice thereof given, and that made respect of a share was 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 of therein stated, and such declaration, and the receiptof the Secretary or bankers 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 shall from all calls made prior to such purchase, and a certificate of proprietorship to the application to see be delivered to such jjurchaser, and he shall not be bound be affected by any of the purchase money, share shall his title to such nor
or stipendiary Magistrate,
that the call in
in irregularity
the
in proceedings be
as
reference the
to any
such
sale.
Power to the
to
29.
such of of the the future
That
sums
it shall
of money Company, be
on
money calls
to borrow on Company mortgage or bond order of a general meeting to time, by an for securing the repayment authorized to bo borrowed ; and borrowed to with interest, so mortgage the undertaking and the hereinafter the shareholders, or to tioned. mengive bonds in manner
lawful
for
shall,from
time
Company
do^tow
money,
authorized to be so having borrowed part of the money any mortgage or bond, the Company shall pay oiS the same, it shall be lawful for them and so from time to time ; but again to borrow the amount so paid off, such power of reborrowing shall not be exercised without the authority of a general off any in order to pay be so reborrowed meeting of the Company, unless the money
30.
That
if after
Power
to
borrowed
on
re-borrow,
existing mortgage
31. That
the
or
bond,
of the order of a general meeting of the Company of authorizing Evidence a copy certified by one of the London Committee, or by the authority for borrowing of any money, of the fact borrowing, Secretary of the Company, to be a true copy, shall be sufficient evidence of the order for borrowing money having been made.
by the Company
mortgage for securingthe repayment of money borrowed the common seal of the Company, that every bond be in any form to bo determined Committee, or approved of by the London may and that every mortgage pledging or affecting the undertaking shall be passed and executed of in the said Colony in consonance with the laws, customs, and usages the said Colony.
32.
That every bond and shall be under
Form bond
and of and
execution
moi-tgage.
mortgage passedand executed in the said Colony shall rank Ranking of bond granted or executed by the Company, and shall mortgage, etc. be entitled to the rank tions priority of its date, and shall,in respect of the obligaand liabilities of the mortgagors and property mortgaged, and to the rights and privilegesof the mortgagees and holders of the mortgatfo, Tje subject to and
33.
That every such
priorand preferent to
every and
governed by
34.
That
the laws
no
of the said
Colony.
of Application calls notwith-
shall, unless shareholders)
ciUs on the comprise Ktuio mortgage (although it should from expressly so provided, preclude the Company receiving and applying to the purposes of the Company any calls to be made by the
such
standin
Company.
the amount
to in such bonds shall proportionally, respccliveobligees accordingly secured thereby, be entitled to be paid out of the tolls or other property or effects of the Company, in such bonds tha respective sums tioned, menand above to be secured, without preference one thereby intended any another by reason of priority of date of any such bond, or of the meeting at which the same was authorized, or otherwise howsoever. of the moneys
mortgage.
the
35.
That
Rights of
obligees.
36.
within
That
Register of Mortgages and

date and of the
Bonds
shall be
kept by
or or
the
and Secretary,
an
Register of
Mortiâges
and Bonds.
days after the the number memorial, specifying secured thereby, and the names
shall be made times in such
fourteen
of any such date of such
mortgage mortgage
bond,
entry
the
sums
or
bond, and
proper
at all
and register,
or
partiesthereto, with their such bq perused register may

by any mortgagee or bond such mortgage or
additions,
by any
or
of the shareholders any person interested
creditor
by
in any
bond,
reasonable of the Company, fee or without
reward.
37.
That
any be
party entitled
his
to
time, transfer
transfer
may
right
and
in any
form
from time to such mortgage or bond may, any and such other interest therein to person, any to be determined approved of by the London or
Forms transfer and
of of
mortgages
bonds.
Committee.
184
No.
of to be
S.]
the
THE
LA WS
OF
BRITISH
GUIANA
[A.D. 1846.
Transfer
mortgages
and bonds
registered.
thirtydays after the date of every such transfer,if executed Kingdom, or otherwise within thirtydays after the arrival thereof in the United Kingdom, it shall be produced to the Secretary, and thereupon the iii the same manner thereof to be made an Secretary shall cause entry or memorial in the case of the original mortgage as bond, and after such entry every such or or transfer shall entitle the transferee to the full benefit of the original mortgage to such transfer shall have bond in all respects, and no power party having made or make money any or void,release, discharge the mortgage or bond so transferred, not demand exceeding and for such entry the Company a sum thereby secui'ed, may and the sum of two sixpence, and until such entry the Comjjany shall shillings in respect of such mortgage or to the transferee not be in any manner responsible
38.
That, within
United
within
bond.
PajTnent
interest money
on
of
borrowed.
such mortgage or bond borrowed the interest of the money upon any paid at the periods appointed in such mortgage or bond, and if no periodbe appointed, half-yearly to the several parties entitled thereto, and in preferenceto payable to the shareholders of the Company. any dividends
39.
That
shall be
RepajTnent of
money borrowed at
a
time fixed.
That the Company may, if they think proper, fix a periodfor the repayment the so principalmoney borrowed, with the interest thereof,and in such case deed or bond, and such Company shall cause period to be inserted in the mortgage of of such period the principalsum, together with the arrears upon the expii-ation 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 Westminster. or
40.
of the
Repayment
money
no
of
41. That
the money
if
so
no
time lime
be fixed in the after the
mortgage deed
entitled
to
or
bond
for the
or
re-payment of
may at
rowed borwhere fixed.
borrowed, the party

any
the
mortgage
bond
the
time
months from the date of such of twelve expiration, of the principal thereby secured,with mortgage or bond, demand payment money of interest, all arrears giving six months' previous notice tor that purpose, and upon borrowed on in the like case the Company giving at any time pay off the money may
or expiration,
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 Westminster, and if given by the or or Company, shall be given either personally to such mortgagee or bond creditor, to the creditor be unknown left at his residence, or if such mortgagee or hond shall be London Committee, or cannot be found after diligent inquiry, such notice in The Loudon daily London given by advertisement Gazette, and also in some
newspaper. of their intention
to pay
Interest
cease on
to
42.
That
if the
Company
shall have
given
notice
off
any tion expiraofi'

or
of notice
to
pay
mortgage
bond.
the lawfully be paid off by same may mortgage or bond at a time when to be them, then, at the expiration of such notice,all further interest shall cease of payment made pursuant to payable on such mortgage or bond, unless,on demand shall tail to pay the principal such notice, at any time thereafter, the Company or and interest due at the expiration of such notice on such mortgage or bond.
such
Power
to
loan convert into capital.
additional
if they think fit,to raise the the Company taking required by them for the purpose of the said underof instead the shares of Company new or any part thereof, by creating at interest only a to continue the same, borrowing the same, or having borrowed shares, but no new part of such additional sum, and to raise part thereof by creating such augmentation of capital as aforesaid shall take place without the previous of a general meeting of the Company. authority
43.
That
it shall from
be
lawful
for
sum
time
to time
New
to
sidered shares shall be conthe capitalso to be raised by the creation of new in to the same provisions of the general capital, and shall be subject part sidered for the same as actions all respects, whether of calls or with reference to the payment original shares. of calls or otherwise, recovery of calls,or the forfeiture of shares on non-payment if it had been part of the originalcapital, as except as to the times of making calls it shall for such additional capital, and the amount of such calls which, respectively, be lawful for the London Committee from time to time to fix as they shall think tit.
shares
44.
That
as
lie con-
If old shares
at
new
premium,
shares to
be ofl'ered to
taking place by the of any such augmentation of capital shares,the then existingshares be at a premium or of greater actual divided value to be raised shall be value than the nominal so thereof,then the sum to be apportioned into shares of such amount will conveniently allow the same as
45.
That
of
if at the time
creation
new
shareholders.
among
the
then
in proportionto shareholders,
the
existingshares
held
by
them
A.I). 1846.]
and respectively,
DEMERARA
RAILWAY
offered
COMPANY.
the then
[No.
shareholders
in
2.
the
185
such
new
shares
shall be
to
the hand and siuh offer shall be made by letter under proportion aforesaid, Secretary or oth(!r officer of the Company, given to or sent by post addressed Address Book, or shareholder,according to his address in the Shareholders' his usual or last known place of abode.
of the
to each
left at
46.
shall
the
That
the said
same
new
shares
shall vest
in and
belong
to
the
accept the
and
instalments
which
Ihe value thereof to the Company, pay Committee shall be fixed by the London after such
at ; for
shareholders, who the time and by

and
the the if any
same
Shares in
to vest
holder share-
parties accepting,
otherwise to be
for thirty fail, days the
offer of
such
new
shares,to accept
lawful
as
and
pay
iiiatahneuts called
to
for in
respect thereof,
in
it shall be
London
most
mittee Comfor the
disposed of
dispose of such shares advantage of the Company.

47.
shares be think That be not fit. That it shall be lawful
manner
they shall deem
hy tlie London
Committee.
the existing If old shares if,at the time of such augmentation of capital takingplace, not at premium, such at a premium, then be of such shares amount, and may new may
manner
issued
in such
and
on
such
terms,
as
the
London
Committee
shall
new
shares
as
to
he issued the London
48.
for the
Company,
of three-fifths of the
votes
of the shareholders
time, with the consent present,in person or by proxy, at any

from time
to
Committee think Power shares stock. fit. to into
been shall have due notice for that purpose general meeting of the Company, when consolidate all or given, to convert or part of the shares then existing in the any subscribed shall whole the capitalof the Comjmny, and in respect whereof money holders have been paid up, into a general capitil stock, to be divided amongst the shareaccording to their respectiveinterests therein.
consolidate
49.
That
after such
conversion
or
consolidation which of any
contained in these Presents provisions Company shall be divided into shares

as shall, into stock,cease
taken shall have place,all the require or imply that the capitalof the bers, fixed amount, and distinguished by numhave
Right
of prietors proof stock
to transfer
same.
to
so
much
of the
no
capitalas shall
been
so
converted
or
consolidated
transfer
the provisions under capitalof the Company might be transferred, in some an contained, and the Company shall cause entry to be made such and for every book, to be kept for that purpose, of every such transfer, entry and sixpence. not sum they may demand exceedingtwo shillings any
manner, shares any
thenceforth effect and the several holdei's of such stock may in the their respectiveinterests therein,or any part of such interests, same and subject to the same regulationsand provisions as, or according to which and be of in the
hereinbefore
50.
That
the
may
Company
shall from in any

them
time such
to
time
as
cause
the
names
of the the
several of
of Register Holders Stock. of Consolidated
partieswho
be interested
stock
aforesaid,with
amount
interest therein
possessed by
" for that purpose, and to and such book shall he accessible at all reasonable shares or stock in the undertaking.
iti a book to ba kept to be entered respectively, Stock," be called the of Consolidated of Holders Itegister
times
to
the
several
holders
of
of in the holders of such stock shall be entitled to participate Proprietors of their respectivestock entitled of the Company profits according to the amount interests in such stuck,and such interest shall, thereof, to dividends. in proportion to the amount of the confer on the holders thereof the same for purpose privilegesand advantages of voting at meetings of the Company, qualificationfor the office of member Committee, and for other purposes, as would have been confen-ed by shares of equal in the capitalof the Company, but so that no such privileges amount advantages or in the dividends and except the participation profits of the Company, shall be conferred by any aliquot part of such amount stock as would not, of consolidated if existing in shares,have conferred such privileges advantages I'espectively. or
51. That
the several
dividends
and
of Application of the 52. That all the money raised by the Company, whether by subscriptions capital. costs the in shareholders,or by loan, or otherwise, shall be applied, firstly, paying and expenses incurred,or to be incurred,in preparing and executing these Presents incident thereto,and all or thereto, or in, or about, expenses preparatory or relating incident to the formation of the said Company, the or or promotion of the said the applying for and obtaining such Act of the Colonial Legislature or undertaking, of the of British Guiana aforesaid ; and, secondly, as in carrying the purposes Company into execution. shall be 54. 'That the first general meeting of the shareholders of the Company held in the month of April next, in case Legislature of such Act of the Colonial As to Ai-ticle53,
4 of the Ordinance.
Orduiai^
meetings to be
see
s.
186
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
1846.
held
half-
British and held
Guiana,
Act
the
as
shall have aforesaid, been obtained in each

"
been
as
then London
obtained,
Committee
shall
or
otherwise,
as
soon
yearly.
after such shall
shall have
month
the
and appoint,
the future of October
general meetings
year, and
be
may deem held in the

so
advisable month
to
of be
April and
as
the
meetings
appointed
aforesaid That
no
shall be called
Ordinary Meetings.' hereby appointed to be done at an meeting, unless special notice of the advertisement convening such meeting.
as are
Business
at
55.
such
matters, except such

shall have
ordinary meetings. Extraordinary

meetings.
ordinarymeeting,
matters shall
be transacted
been
at any
such
given in
56.
London
That
be called
meeting of the shareholders other than an ordinarymeeting shall Extraordinary Meeting," and such meetings may be convened by the think fit.! Committee at such times as they may
every
"
an
Business
at
57.
in the 58.
extraordinary meetings.
Power to shareholders to
That business meeting shall enter upon no extraordinary any requisitionor in the notice by which it shall have been convened.
not
set
forth
requii'e
extraordinary
meeting.
shareholders,holding in the aggregate their hands, at any time to require Committee the London to call an meeting of the Company, and such extraordinary the object of the meeting required to be called, shall fully express and requisition in London shall be left at the office of the Company or Westminster, or given to at least thi-ee members of the London Committee, or left at their last or usual places of the receipt of such requisition the London abode in England, and forthwith upon shall convene Committee the shareholders,and if for seven a meeting of days after Committee fail to call such such notice the London of meeting, the said number call such meeting by giving twenty-eight shareholders,qualifiedas aforesaid, may days public notice thereof.
or more
That
one
it shall be
lawful
for ten
at least
thousand
shares,by writing
under
Notice
of
meeting.
fourteen 59. That days public notice at the least of all meetings, whether shall specify ordinary or extraordinary, shall be given by advertisement, which convenient the the place,(being some or place ^ in the City of London City of Westminster, to be fixed from time to time by the London Committee,) the day and the hour of meeting ; and notice of an extraordinary meeting or of an every the business ordinary meeting, if any other business than hereby appointed for ordinary meetings is to be done thereat,shall specifythe purpose for which such meeting is called.
a meeting (whether ordinary or extraordinary), personally or by proxy, fifteen or more shareholders, holding in the aggregate five hundred shares,and the shareholders present at any such of the powers of the Company with meeting shall proceed in the execution such for which been meeting shall have convened, and to respect to the matters if within those only ; and hour from the time appointed for sach meeting, the an said number of shareholders,qualified as before,be not shall business present, no be transacted at the meeting, but the same shall be held to be adjourned.
,
Quorum
for
60.
That
in
order
to constitute
general
there
shall be
present,either
meeting.
Chairman
at
61. That
persons shall
at
every in and his
meeting
as
of
the that
Company
is to
one
or
other Chairman
of
the of the absence
following
London of both
general meeting.
preside
or
Chairman,
absence, the
say, the
Committee,
the Chairman
Deputy Chairman,
or
in the
member of the London Chairman, some Committee, for that purpose to be chosen of the Chairman by the meeting, or in the absence and Deputy Chairman, and of all the other members of the London Committee, to be chosen for that purpose at such meeting. any shareholder
Deputy
Adjourned meeting.
62.
the
That
no
time, and
business
be adjourned from time to meeting of the shareholders may every shall be transacted business at adjourned meeting other than any left unfinished at the meeting from which such adjournment took
place.
Votes
of,
shareholders.
shall be general meetings of the Company, every shareholder according to the scale of voting hereinafter mentioned, that is shareholder to say, every of shares not possessing any number exceeding five in respect of each share, and shall have vote shareholder one possessing every than five shares,but not more exceeding fiftyshares,an additional vote for every five of such shall be entitled to shares exceeding five shares, but no shareholder entitled
to vote
more
63.
That
at
all
than
I
fourteen
votes
Provided
3.
always
that
no
shareholder
shall
be entitled
See
Ordinance
No.
3 of 1855
".
188
No.
to the to
2.]
That
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. lS46.
time, in general
Power increase London
70.
it shall
1)8 lawful
for
the
Company,
from
time
to
meeting, after due notice for that Committee London to twelve, and
increased number
no
of the of members to increase the number purpose, such the order of rotation in which to determine
Committee twelve.
shall go out
person
of office.
Qualificationof
members Committee. of
unless he of Committee shall be capable of being a member holding an office or possessed of twenty shares, and that no person with the place of trust or profitunder the Company, or interested in any contract ami that no member of Committee, Company, shall be capable of being a member other or of Committee place of trust shall be capable of accepting any office, any with the contract or profit,under the Company, or of being interested in any of Committee : Provided always during the time he shall be a member Company from of the Company shall contained that nothing herein disqualify any banker of of Committee, or shall prevent any member becoming or acting as a member from becoming or acting as such banker. Committee
71. That
a
be
shareholder
Failure
of for of of
meeting
election members
Committee.
of Committee election of members ought if at any meeting at which an shares, place, fifteen shareholders, holding in the aggregate five hundred hour from the time within one shall be present,either personally or by proxy, not re-election of existing Committees or appointed for the meeting, no election of new shall business be transacted, but in such Committees shall be made, nor any meeting, expiration of fourteen days from the day of such intended case, at the another meeting shall be held at the same place ; and if at such other meeting the or of shareholders said number so qualifiedas aforesaid be not present,personally hour the time fixed for the meeting, such within from meeting one by proxy, hour and shall stand adjourned to the following day, at the same place ; and as of shareholders so if at the meeting so adjourned the said number qualified time hour from the aforesaid be not appointed for the one present within and retain their powers act to shall continue meeting, the existing Committees Committees be appointedat the first ordinary meeting of the following until new
72.
That
to
take
year.
Rotation members Committee first of of
73.
office
That
as
the
members
of Committee
of at the
hereinbefore Committee
nominated
to
and
continued
in
aforesaid,or the members shall retire from office aforesaid,

to
appointed. individuals
members and three each
of
retire
being, in
each
supply their places as in the proportions times and following, the the by ballot among instance, determined
elected
the first year,
election of members Demerara of the
Committee, that is to say, at the end of of Committee, three of such members

Committees
at
after the
first
of each end
shall of the
go
out
of office ; at the members

the
of the said London of the second year, shall such go out of members
remaining number
the end
of such third
of each remainder
Committee of
of office ; and Committee
retiringmembers as qualified
Pennanent rotation members Committee. of of
year, shall go out of office ; and, in each of Committee shall be supplied by aforesaid.
instance, the places of the holders of sharean equal number
members
ordinary meeting in every subsequent year three of the shall go Committee, being those who have been longest in office, be of Committee, and their places shall_ of office and cease to be members out committee of retiring member so supplied in like manner ; nevertheless every from office may be re-elected immediately, or at any future time, and after such a be considered as reference to the going out re-election shall, with by rotation,
74.^ That
at
the first
of each
new
member
of Committee. of the members of
Vacation office member Committee.
of of
by
75. That if any election, accept or
Committee, at any time subsequentlyto his other office, or place of trust ot profit, any and under the Company, save except only that of banker, or be either directlyor in any in with the Company, contract or participate indirectly concerned any of in the profits of any work to be done for the Company, or if such member manner then of he Company, time cease at any of twenty shares to be a holder Committee
continue
to hold
any
in
any
one
of the shall
cases
aforesaid
have
become member
vacant, and
of Committee. That
to
thenceforth
so
of Committee
the office of such member in respect of whom the person from become shall cease vacant
shall of Committee the office of member
voting
or
acting
as
Supply of
occasional vacancies in
76.
decline member than
1
if any
member shall
or
of
either
or
of
the
said
two
Committees
shall
to
die, or
act
as cause a
act,
or
resign
cease
become be
a
incompetent or disqualified
member
as
of
Committee,
to
of Committee
by any
other
Committee.
that of
See
going out
No.
of office by rotation
1 of 1849
s.
the remaining members aforesaid,
of
Ordinance
6,
A.D.
such
1846.]
DEMERARA
RAILWAY
to
COMPANY. do, may

elect in his and
member
[No.
place some
the
2.
189
Committee, if they think shareholder,duly qualifiedto

elected to fill up any such
so
be
so proper a member
other
of
such
Committee,
as a
shareholder of Committee have
80
long only
as
the
person
shall continue in olHce vacancy in whose place hu shall liave remained shall Committee in office. have the
the
been
elected would
been
entitled to
'Ihat
continue London
the
if he had
77.
the
Committee^ Demerara
and superintendence, in the said of the
local
and general management tendence management and superin-
Powers the
of
Colony of British Guiana, subjectnevertheless, as hereinafter the Company of them, the said Committees, ; and each as lawfully exercise all the powers of the Company, except as to such mattiTS may by the other of such Committees, or by a are hereby directed to be transacted shall Committee general meeting of the Company, and except that the said London have from time to time, (subject only to the control of general meetings,)to power, and duties of the said Demerara define, diminish, modify, or alter the powers to be exercised by the respective Committee Committees, ; and, amongst other powers and from time to time suspend or remove Committee the London appoint, may any of the officers of the Company, and may fix,and, from time to time, alter and vary, and also fix,and the salaries of all officers (except the salaries of themselves), may
mentioned,
affairs of
from
Coinpaiiy exercisiihle by
Conuiiittees.
time
to time
alter and
vary, the
remuneration
of the members
of the
Demerara
the shares of the respective and enforce the calls upon make Committee, and may which such calls are declare the forfeiture of all shares on and may shareholders, Committee and the London not Committee, (and also the Demerara ; duly jxiid enter into of the London to the sanction and approbation Committee) may sul)ject contracts
for the for the
execution transaction
of the
works
of the
Company
may
and
for all
other
matters
necessary and and make

so
of its
and affairs,
property which the said intended Act may authorize not be requiredfor the purposes sell such parts thereof as may
the
purchase the lands and other to be taken by the Company,
London
Committee
the
may
fix the the
tolls to be taken affairs of
by-laws for
of regulation
to be exercised
of these Presents
all such
shall be exercised in accordance Act in and of the said intended
of the Company ; by the Company, and may the Company ; but all the powers to the provisions with, and subject that and
so as
behalf
to
and
the
exercise
any
of
act
powers
shall be
subject also
Committees
to
the
control but
not
regulationof
render
general
convened meeting specially done by either of the said meeting.
for the purpose,
invalid any
such
prior to any resolution

that
passedby
general
and the
to Powers of the not
78.
removal
That
the
following powers
of
the the
of the and
Company,
is to say,
the
choice of
as
of members
London
Demerara and the
Committee,
of
choice
Committee, the choice of members of auditors,the determination removal

London Committee and
a
Company
exercisable
by
the remuneration the declaration
of the members
of the
of the
auditors, Committees,
dividends,shall be exercised
only
at
general meeting of
shall the
Company.
That each of the said London the said London and Demerara Committees in place'' hold
79.
at such
or
meetings Meetings
Committees.
of
times, and
Committee
in such
City
of London
the
City
Georgetown
may
meet
Committee at such the said Demerara of Westminster, and place in appoint for the purpose aforesaid, they as they shall respectively ; and and from to time from time and adjourn as they think proper place to
place ; and
meeting
matters,
more
of either Committee call a at any time any three of the members may mittee in order to constitute of such Committee, and a meeting of either Comof the Committee, and all questions, there shall be present at the least three
'^
majority of votes, and

upon vote
meeting shall be determined by a shall have Committee, except the Chairman, vote at any such meeting, and if there be an than one equal division of votes by such meeting, the Chairman, in addition to his any subject entertained of the Committee, shall have a casting vote as Chairman. one as
and
things considered
no
at
any
such
member
of
80.
held their the
That after
the
at the
first meeting of each
of the said two

first
Committees Committee
shall
held
after
the
Permanent Chairmen of
passingof
the said intended such members

to act
Act, and
at the
meeting of
of
to act
each of such
as
Committees before
one
annual of
as
appointment
Committee
of
members
at
present
and
such
meeting
as
choose
Connuittees. provided, of
body
Chairman,
year
another
Deputy
the of
Chairman Chairman
of
or
Committee Chairman become
for
Deputy
otherwise
choice, and if following such to be member a die, or resign,or cease to act, the members of Committee disqualified
the
'
Committee, or present at the

other member
meeting next
1 "
after the
No. No.
occurrence
of such
s. s.
vacancy
shall
choose
some
See See
Ordinance Ordinance
3 of 1855 3 of 1855
2. 3.
s
See
Ordinance
No.
1 of 1819
s.
4.
190
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D. 1846.
or
of the Committee
so
to
fillsuch
as
vacancy,
and
every
such
Chairman
in oHice
so
Deputy
to
man Chairas
to be
elected
last
shall continue aforesaid,
long only
the if
place he may be so elected would have person had such death, resignation, removal, or disqualification
in whose Occasional
Chamnen of Coininittees.
been not
entitled
continue
happened.
neither of such
the Chairman
81. That
nor
if at any
meeting of
Chairman
one
either of the said two shall he

to be chairman
Committees of such
the
Deputy
present,the members
Committee
present shall choose

82.
think
That
of their number said

two
meeting.
more as
Sub-com-
either
of the
Committees
niittees,and
of such powers sub-com-
of members consistingof such number and may grant to any such sub-committee fit,
to do any acts
or appoint one may Committee of the same behalf of power, on
committees, sub-
they
pany, Com-
the
mittees.
which the to the Railway or the affairs of the Company relating Committee might have done, and shall, from time to appointingsuch sub-committee calls for money to make time, think proper to entrust to such sub-committee, (except upon the shareholders).
from That such sub-committees meet time to time, and may adjourn may of place to place,as they think proper, for carrying into effect the purposes entrusted to shall exercise the powers their appointment, and no such sub-committee them except a meeting at which there shall be present two of its members, and at all of the members one meetings of the sub-committees, present shall be appointed mined shall be deterchairman, and all questions at any meeting of the sub-committee of an equal division of by a majority of the members present, and in case vote as a member votes the chairman shall have a casting vote in addition to his own
Meetings
of sub-com.
83.
mittees.
from
of such
of Enti-j'
sub-committee. That
the said London Committee shall cause notes, minutes, or copies(as the entered into, by such require) of all appointments made, or contracts books, and right Committee, and of the orders and proceedings of all meetings, as well ordinary as of inspection mittee of the same of the Company, and Committee, and of every sub-comextraordinary, thereof. time to time, to be, from thereby appointed, to be duly entered in books
84.
in proceedings
case
may
providedfor
minutes
or
the
purpose
; and
the
said Demerara
Committee
shall also
cause
notes,
contracts or copies (as the case may require) of all appointments made entered into,or conditionally entered Committee, and into, by such last-mentioned committee subof the orders and proceedings of all meetings of such Committee, and of every tendence thereby appointed ; and all such books shall be kept under the superinbe appointed by the of, and at such place or respective places as may London Committee, and every such entry as aforesaid shall be signed by the of the meeting at which such entry is Chairman the matter in respect of which the moved or discussed, and such entry so signed shall, as between made, was of the Company, be evidence in all Courts, and before all Judges, Justices, members and others,without proof of such respective meetings ha^dng been duly convened, of the persons making or entering such orders or proceedings being shareholders or lastmembers of Committee, or of the signature of the Chairman, all of which or matters mentioned shall be presumed, and all such books shall,at all reasonable times, be open to the inspection of any of the shareholders. Informalities in all acts done by any meeting of either of the said two Committees, or of Committee, shall, sub-committee, or by any person acting as a member defect or error notwithstanding it may be afterwards discovered that there was some of Committee, in the appointment of any person attending such meeting as a member that such be as valid as if such or or was acting as aforesaid, disqualified, person of Committee. appointed and was qualifiedto be a member person had been diily
85.
That
appointment of
member of
not
of any
Conmiittee,
to invalidate
proceedLngs.
Indemnity of
members Committee. of
That the members of each Committee, and their respective heirs,executors, for all out of the capital of the Company administrators,shall be indemnified incurred, in respect of any acts done, or contracts or payments made, or liability engagements entered into,by them, and for all losses, costs, charges, damages, and of the execution they may incur, or become liable to,in or by reason expenses which of the powers for the time being of Committee granted to them ; and the London shall apply the existing funds the Company and capital of the Company for the of such indemnity, and shall, if necessary for that purpose, and either purposes before or after the passing of the said Act, make calls of the capital remaining unpaid.
86.
and
Election of
auditors.
intended
at the first ordinary meeting held after the said shall, obtained, elect two auditors,and at every subsequent of the one of April elect an auditor in the room ordinarymeeting held in the month hereinafter mentioned, in like manner is providedfor the election of as as retiring,
87.
That
the
Company
Act
shall have
been
A.D.
1846.]
DEMERARA
RAILWAY
COMPANY.
[No.
2.
191
members of Committee, and every auditor elected being neither removed bo disqualified, shall continue auditor to be an until another nor having resigned, elected in his stead.
nor
be
88.
not
That
every
auditor
shall have of
at least the
same
number other
of shares
as
shall be he
shall
Qualification of
auditors,
to qualifya member reriuired
Committee, elected by the Company, and

nor
hold
any
office in the
as a
Company,
auditors
be
in
any
manner
interested
in its
concerns,
except
That
one
shareholder.
Rotation auditors. of
themselves
in the first instance between (to be determined shall by seniority,) go out of office at the end of every and after any year, but the auditor so going out shall be immediately re-eligible, such re-election shall,with respect to the going out of office by rotation, be deemed
and
89.
of such
afterwards
new
auditor. That if any vacancy take place among in the the auditors then at any general meeting of the Company the vacancy think fit, be supplied by election of the shareholders. the
course
90.
cuiTcnt
of the if the
year,
may,
Vacancies in of auditor. oflSce
Company
91. That
provision herein
members which be the
an
contained is to
respectingthe
are
failure
of
an
ordinary
to
Failure
of
to
meeting, at which ordinarymeeting at

92.
That the it shall
of Committee auditor
chosen, shall apply be appointed.

to to receive
be
any
meeting
elect auditors.
duty
of such
auditors the
from
the
London
mittee Comto
Duty
of
or half-yearly
other
periodicalaccounts
same.
and
balance
sheet
required
be
auditors.
presented
93.
to the
shareholders,and examine
such
auditors may and employ such accountants i)urpose, of the Company, and they they may think proper, at the expense shall either make the said accounts, or simply comfirm a specialreport on the same, and such shall be read, together with the reports of the report or comfirmation respectiveCommittees, at the ordinary meeting. other
persons
as
That
for the above
Powers auditors
of
94.
or
That
the London
Committee and
at which
shall
deliver to
such
aiiditors the
half-yearly Deliveryof
balance
periodicalaccounts ensuing ordinary meeting

as shareholders,
other
balance
sheet,fourteen days at the least before the the same are required to be produced to the
sheet,
etc., to
auditors.
hereinafter
provided.
of the members of the London Committee and auditors
95.
That
the remuneration time

to time
Remuneration of members the London Committee and auditors.

or
shall from
be fixed
by
general meeting of the Company.
of
96. That the London Committee at any time suspend or altogether remove may of the Demerara Committee, or any officer of the Company, not being a any member 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 time to time, be shall, from is hereinbefore manner supplied in the. same as provided with regard to a vacancy occasioned in such Committee by death or
Suspension
removal members of of
the Demerara
resignation ; but, in
the
the meantime,
until such
vacancy
shall be
supplied,
members
or
during
said such
no
Committee,
period of such suspension, the acts of the remaining Demerara of such members, shall be Committee, or a quorum suspension or removal had taken place.
97.
whether London That before
or
of the
as
as
valid
if
any
person
entrusted
with
the
custody
shall him
or
control
of moneys,
the office,
to Security taken certain from
bo
collector
other
officer of the
Committee of his office.
shall take sufficient
Company, from security
enter
his upon for the faithful
execution
officers.
98.
That
on
full and
account
or
true
accounts
expended
sums
of the them,
Company by
received
employed by
of money
under
of money received or kept of all sums respective Committees, and all persons and of the articles, such matters, and things for which the
or
shall be
Accounts ^^
to
^^l**'
shall have
been
disbursed
and
paid.
Books to be balanced.
99.
That
the books between

each
of the
communication least before

an
the said
Company shall be brought to a balance, so far as the Colony and England will permit,fourteen days at
and
up,
ordinarymeeting,
sheet shall be made
forthwith, on
which
shall
the
books
a
being
so
balanced,
of the
exact
balance
exhibit
true
statement
capital, and property of every description stock,credits, 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 profitor loss which of the shall have arisen on the transactions of the precedinghalf-year; and previously to each ordinary Company in the course
meeting,
such
balance
sheet
shall
be
examined
and
docketed
by
the
London
192
No.
2.]
THE
LA
WS
OF
BRITISH
and
GUIANA
.
[A.D. 1846.
or
Committee,
Deputy
Right of of insiiection accounts by
shareholders.
or any three of their number, Chairman of such Committee.
shall be
signed by the Chairman
100. That the books so balanced, together with such balance shall, for fourteen days previous to each ordinary meeting, and
sheet
for fourteen
at the be open for the inspection of the shareholders thereafter, the Westminster or place of business of the Company in the City of London ; but 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 of the London books, unless in virtue of a written order signed by three members
aforesaid, days principal office or

as
Committee.
Pi'oduction balance of
101. That
shareholders
at each
ordinarymeeting
such
the London sheet

as
Committee aforesaid
sheet.
assembled
balance
shall produce to the applicableto the period
immediatelyprecedingsuch
Declaration
dividends. of
meeting.
Committee shall ordinary meeting the London every if any, of the Company for the prepared showing the profits, period current since the immediately preceding ordinary meeting, and apportioning the shareholders the same according to the shares held by them respectively, among and shall exhibit such at such scheme ordinary meeting, and at such meeting a dividend be declared according to such scheme. may
to i^reviously to be
cause a
102. That
scheme
Dividend
to reduce
not
103.
That
the
Company
shall not
make
any
dividend
whereby
their
stock capital
capital.
will be in any degree the Company on
bent reduced, but nothing herein contained shall render it incumsuch dividend, to replace that portion of previously to any paid-up capitalwhich shall have been laid out or expended in payment of the costs and expenses incurred in preparing and executingthese Presents, or incident thereto, of the Company, incident to the formation to the same, or or preparatory or relating the promotion of the said undertaking, or tlie apjjlication for and obtaining such or Act of the Colonial Legislatureas aforesaid,or any other preliminary costs or expenses.
Fund
for
104.
if
contingencies.
they think
any
Dividends to be unless calls Power make the etc. not
the London Committee apportioning the profits aforesaid, may, such tingencies, sum as they may think proper to meet confor enlarging,repairing,improving, or constructing the works nected conor be authorized with the Railway, or which by the said intended Act, or may the proprietors. part thereof,and may divide the balance only among
That
before
set aside thereout fit,
105. That
due in
paid
all
paid.
to
dividends shall be paid in respect of any share until all calls then no to whom divisuch dend respect of that or of any other share held by the person be payable shall have been paid. may That in addition
to any
as
by-laves
for officers of
Company,
be given to the Company, by the use of by-laws for regulating the Eailway, the London Committee for the time being of the said Company may, such from time to time, make by-laws as they think fit for the purpose of regulating the conduct of the officers and servants of the of the Company, and the proceedings Demerara Committee for the time being of the said Company, and for providingfor 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 to have effect, to the provisionsof these Presents, or of the said Act, the same are or into writing and to be obtained aforesaid ; and such by-laws shall be reduced as shall have of such affixed thereto the Common Seal of the Company, and a copy by-laws shall be given to every officer and servant of the Company.
106.
powers
which
may
the said Act
to be
obtained
to make aforesaid,
Fines breach
for of
107.
such
That
the London fines and
Committee
for the time
by-laws.
forfeitures upon all persons against such private Company oflf'ending by-laws as offence. fiv e pounds for any one reasonable
being of the Company may impose being officers or servants of the not ing exceedthey may think fit,
Service notices
of
by
the
on
Company
shareholders.
the shareholders, served by the Company upon be required to be served personally, may address of transmitted by post according to the registered address or other known such within the shareholder period as to admit of its being delivered in the due of delivery within the period,if any, prescribed for the giving of such notice, course and in proving such service it shall be sufficient to prove that such notice was and that every such and that it was so properly directpd, put into the Post Office, notice may be signedeither by two members of the London Committee, or by the
108.
That
and
any notice required to be which is not expressly
A.D.
1846.]
of the
may
DEMERARA
RAILWAY
COMPANY.
[No.
Seal of the
2.
193
Secretary
and and the
every
same
Company,
be in
and
need
or
not in
be
under
or
the
Common in
Company,
in
writing^,
to he
print, hy
in
partly
in
writint^ and (except

one
partly
when
jirint
notice
required
may
s;ivcn
advertisement
any
otherwise newspaper
expressly
provided)
in
he of
hy
advertisement
or
morning
puhlishod
109.
or
the
City
case
London, dispute
or
the
City
shall for
of
Westminster.
That moved
in
any any
difference shareholders
or
at
he
between the
or
of
the
the
any time
or
time
or
times of the
arise
Com-
Disi)utes
referred
to
to
be
being
obtained
pany, in
or
concerning Presents,
to the
constriiction
to
effect in the
or
of said
any
clause Act of
to he
provision
as
contained
arbitriition.
these
h(!
contjiined
aforesaid,
within
shall in
relating
conduct,
any and
management,
such
an
affairs have and

to
the
Company,
each
then
fourteen
days
nominate
after
dispute
and
to
shall
arisen,
the
party
so
writing
such neither of such made
appoint referred,
power
arbitiator,
after revoke such any for
a
arbitrators shall have
appointed
been the after
have
dispute party
the
shall shall
be have and have
appointment
such
space
made,
sent con-
appointment
of
in
without
other,
shall
if
either
party
and
the
fourteen
days
shall
t(j
any
dispute
from
arisen, party
such
to
after
an
request arbitrator, making

such
to
writing
shall the fail
been
such
the then
other
upon
an
appoint
the
appoint
and
on
arbitrator,
himself both
failure may
party proceed
case
request,
to act
having
behalf of
appointed parties
shall
;
arbitrator,
arbitrator and
final
;
appoint
arbitrator hear award

the
and
in
such
which
be
dispute,
shall be
may in such and
and
or
determine determination
so
the
matters
the
if
of refeiTed
or
such shall
single
he
arbitrator
that
before either
the
matters
determined,
or
incapable,
was
any refuse
arbitrator
or
appointed
to act
as
by
iârty party
in
shall
die,
whom
some
become trator arbiperson
neglect
may
arbitrator,
and
by
such
other in
appointed
his
nominate if for that the
appoint,
of he
seven
writing,
after
so,
so as or
to
act
in
place
and for
ex
space
days
to
notice
writing
or
from
the
other may
shall
party proceed
have
at
purpose
fail
do
the
to
remaining
be
were
other
as
arbitrator aforesaid former

; cannot
an
parte,
same
and
powers
the the
every and his
arbitrator authorities
substituted vested
as
in
the
arbitrator and if within
time
of
such after
death,
refusal,
disability
such two
said afore-
fourteen
the matters
days
of
such
nr
their
to
appointment, they
on
arbitrators and
determine and that
I'cferred
them, umpire,
of
shall
matters call
nominate
so
appoint
shall
umpire,
;
the
such
decision
umpire
their power
the may
referred the
he of may the
final any
and
arbitrators,
the
for
production
or
documents necessary
or
in
possession
or
either in
pai
ty
which and
to
they
may
he
think
for
determining
on
the
or
question
solemn
dispute,
examine
or
parties
before
their
witnesses
oath,
declaration,
he
taken
made
any
competent
party.
the several
names
IN
WITNESS
whereof,
subscribed
or
persons
parties
affixed
hereto,
their and
set
of
the
first and
in
second
parts, have
written
their annexed
and these
seals,
the hands
the other and
Schedule persons
under
to
Presents;
hereunto
said
parties day
and
hereto,
year
of
the
third
part, have
their
seals, the (L.S.)
first above
written. A. A.
Macgrkgou,
G.
Milne,
Alexander
(L.S.)
Mac-
Signed,
GKEGOR
sealed,
and
and
delivered George
by
the
hereinbefore in the
mentioned presence of
Alexander
Milne,
Thos.
Clerk
to
Cannon,
Crowder
and
Messrs.
Maynard,
Solicitors,
57, Coleman
Street, London.
194
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA
.
[A.D. 1846.
o,
6^
02
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1-^ e^ i-s w
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-,
fM
1^
h.
196
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1846.
ORDINANCE
A.D.
"
No.
OF
1846.
1846.
"
"
An
Ordinance
to amend
the Laws
tory respectingDefama-
As
to the
Words
laio
and
Libel.
criminal
of iihcl, see Ordinance

No. 1893 18
of
J.
Title
FOR
better
Be
and
laws respecting defamatory words and of private character protection for more securing the libertyof the press, and for effectually : preventing abuses in exercisingthe said liberty the purpose of
amending
the
and libel,
for the
better
it enacted
consent
by
the
Governor of
of
British
as
Guiana,
follows and
:
"
with
the
advice
and
Short Title.
of the Court Ordinance may
Policy thereof,
as
1
.
This
be cited
the
Slander
Libel
Ordinance,
1846. Interpretation
of terms.
2. Wherever defendant, or offence, words

well
nature
as one
in the
are
this
Ordinance affected
be
in
or
party
used
intended
or describing the plaintiff to be affected by or
the the
importing
females
the
singular number
to include
as
the
masculine persons when

as
gender only,yet they shall

person and of the
or provision
understood
as
several unless
well of
males,
the such
the context
the
Ordinance
excludes
construction.
Cases wliich
to
in action
3.
In
every in the in
case
in which
an
action
for in
defamation in
would
be
of
tainable mainwords tainable main-
High
no
Court
of Justice
an
England
Guiana
respect
shall
for defamation able. be maintain-
spoken, and
and in
no
other Court
case,
action
for
defamation
be
in the other
Supreme
action
to
Court
of British
in its civil
jurisdiction,
lawful way action for
of this
Colony.
or
Rii^ht of
defendant matters to
4. In every
the
for defamation the

manner
for libel it shall

matters
be
like
defendant
Court
a
plead
same
truth
as
of he
the
plead truth of cliarged.
charged by
any the issue
of
in
in the justification
the High
such final
of Justice
in
might do in England, and if, on

defendant, the
of suit.
joined on
shall have
plea, judgment
In every
verdict passes
and
recover
for the
defendant
his costs
Power
to to
5.
action
for defamation
it shall be lawful
for the defendant
defendant of
give evidence
apology in
mitigation of
damages.
the notice in writing of his intention to do so, duly given to (after the plea in such ot filing at the time or delivering plaintiff action)to give in evidence,in mitigation of damages, that he made or offered an for such before the commencement defamation apology to the plaintiff afterwards as he had of the action, or as soon an opportunity of doing
so, in
case
the
action
or
has
been
commenced
before
there
was
an
tunity oppor-
of
Kiglit of
defendant acti')n for libtl
HI paper news-
making
such offering
apology,
in
or
to
(1.)In any action for a libel contained in any publicnewspaper it shall be competent to the defendant peri(jdical publication, that such other inserted libel in such or to was plead newspaper without without actual malice and publication periodical gross ligence, neg6.
"
other
pleadspecial plea. earliest
and
that, before
the
commencement
of
the
action, or
or
at
the
opportunityafterwards, he inserted full apology for the a publication periodical or periodical publicationin which
in such said the
libel, or,
said
newspaper if the
other
paper news-
libel
appeared
is
A.D.
1847.]
AUTHORITY
OF
CHIEF
JUSTICE.
[No.
2.
197
publishedat intervals exceeding one week, had offered to ordinarily or to periodical publishtlie said apologyin any newspaper publication in such action. be selecte 1 by the plaintiff such be at liVjerty on filing plea, (2.)Every such defendant shall, into of amends Court the injury for to pay a sum by way^f money sustained the of such libel and such into payment by publication ; of the the Court shall be by leave of the Court of or Jud'_'es any one in and under such such Court the Court, n)anner as regulations may, from time to be to time made, by any rules or orders by the Court
order and direct.
not
7. It shall
any into every such Court such
a
be competent
at
to
same
without plea,
the
any defendant time making
in such
a
action of
to
file Payment
of
payment
money
^"^^^^^\l
plea, special
deemed
action.
by way of amends pleaso filed without and may be nullity,
as
provided by
as
payment
treated
this Ordinance, but of money into Court shall be in the such by the plaintiff
shall take away 8. Nothing in this Ordinance it would fence under the plea of not guiltywhich defendant
or
or
prejudice any
competent
of
to
dethe
in
Saving
of
be for
of ^not"euilt
to
make
under
was
such
libel. if such action
pleato any brought in the
action
defamatory words
Justice
High
Court
England.
OKDINANCE An Ordinance
to
No.
OF
1847.
a.d.i847.
*
Powers,
British
and
explain and regulate the Duties, Authority of the Chief Justice of

in certain
Guiana
Civil Matters.

the by Ordinance WHEREAS Ordinances, applications
No. 5 of certain
Year
1846,
cases
and
by
other
to
in civil
are
allowed
be made
and has been construed
"
upon
are
motion
before
Chief
mortgages
a
assignedto
the
ports apart, and transJudge sitting l)e passed before a Judge, and it
a
that
Justice
"
of British in the
Guiana
is included
"
in the
words Chief
Judge sitting apai't

occur
and
words
Judge,"
that pass
to
whenever
these wx)rds
in
any
to
of the
sit
said
to
Ordinances, and
hear
he, the
and
Justice,is bound
mortgages, and
are
apart
motions,
other 5 of
"
transports and
to
do and
the said
to
performall
Ordinance
done
such No.
matters
things as 1846, and by sitting apart

"
directed
" "
by
the
a
year
other
or
a
Ordinances,
is
be
by
Chief
and
before
Judge
be
And
whereas
it
Judge ; expedient
:
that
the
Justice
should
relieved from
Be
such duties
it therefore enacted
consent
by
the Governor
of
of British Guiana, with

follows
:
"
the
advice and 1.
of the
Court
Policythereof,as
No.
Wherever
by
the said
Ordinance
Ordinance, it is declared or any other motion in any civil case shall be made, civil case shall be done, by or before a
IP
5 of the year 1846, or by or enacted that any application

or
"^ J^^'^Jl^^j j"stice from of

..
any
matter
or
thing
or
in
any
or
meaning
berore
Judge
I.
Ti
"^PiTi-i-i;-!,
of the
Judge
sitting apart,
without
by
or
anv
one
Judges,
speciiying Ua
such
i*. Judge sitting apart," etc.
*/"
"
VOL.
198
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1847.
Judges, the
the words
Judge to be the Chief Justice a or Judge sitting apart,"

"
or
"
one
of
the
"
Puisne
one
Judge," or
one
of
mean,
and
be construed
of British Justice
to
mean,
of the
Puisne
Judges," shall Judges and not the

apart to hear or mortgage,
done
or
Chief
Cases which Chief may in the Justice sit
Justice
Guiana. shall
or or
2. The
motion do in
or
Chief any
not to
be
pass
bound
any
to
sit
any
or
in
civil case, any

case
transport
to
to
apart. any unless
perform
civil the
matter
thing directed
be
Puisne
by any Judge sittingapart, or by a or Judges are unavoidably absent
performed single Judge, incapable of
when he shall be authorized to do so ; and order, act, attending, every matter, and thing done and performed by the Chief Justice in any such shall be as binding and effective as if done and case performed by one the of Puisne Judges. Saving of
etc., powers, of the Chief
Justice.
3.
affect the
Nothing
in this
or
any have of
other
Ordinance
shall the
annul, abridge,or
Chief and British Justice
;
the powers,
Justice
and privileges, shall and the

on
authorityof
possess full
and
in all
Chief
make,
other
its civil
during orders jurisdiction,

non-session he possess
Supreme
all
power Court of
authority to
Guiana and
on
petitions for mandaments

admit of
petitionswhich
have, enjoy,and
consider do not may all the rights powers,
formerlylawfullypossessed,exercised,or Chief Justice of the Supreme Courts of Criminal and Demerara and Essequebo, or of the Supreme Court of British to Guiana, anything in any law or Ordinance anywise notwithstanding.
Awarding of costs by the
Chief Justice.
delay,and shall and privileges, authority enjoyed by any President or

Civil Civil the Justice
of of
in
Justice
contrary
Chief Justice shall have full power all 4. The and authority on and all other be petitions for mandaments, on petitions which may brought before him, to make such orders in respect to costs as to him seem right ; and every order of the Chief Justice directing the may
payment
of
costs
same
a
by
manner
any
to
party may
in
be
a
enforced
by
of the
process
in
tion execu-
in the
which
costs
sentence
Supreme
Court
condemning
party
pay
may
be enforced.
OBDINANCE
A.D.
No.
OF
1849.
1849.
No.
An
Ordinance
the Demerara
Ordinance
23
s.
alter, amend, and of the Ordinances provisions

to
enlarge some relating to
of
the
of 1859 7 incorpor-
ated.
Kail way
Company. [13th January, 1849.]
Deed by the Indenture WHEREAS Railway Company, bearing

or
of Settlement
of the of
rara Deme-
date
the 18th
day
No.
2 of 1846.
Cave, of Michael Street, in the City of London, Esquire, M'Chlery, of Finsbury Circus, in the County of Middlesex, Esquire, and others of
Company's
with lb45, imcorporated Ordinance, 1"46,
and and
confirmed made
by the
between
Demerara Charles
September, Railway
Threadneedle
the first
and seals are part, the several other persons whose names their themselves, or respective attorneys or agents, thereunto, or and affixed in the schedule written
by
to
a
thereof,subscribed duplicate
under
A.D.
1849.]
to
DEMERARA
RAILWAY
COMPANY.
[No. 1.
second
199
or
affixed
such
Indenture
of
or
duplicate of
3, Chester
the
part, and
Alexander the
Place, in and Alexander Middlesex, County Esquire, George Milne, of No. the of in 10, George Yard, Lombard City Street, London, Esquire, of the third declared to be part, the capital of the said Company was of two and thousand the sum hundred pounds, divided into ten fifty of twenty-five thousand shares, each of the amount pounds ;
of of the said Company capital and seventy-five thousand pounds, and that the shares of twenty-five pounds each should be reduced of seventeen to the amount each, instead of twentypounds ten shillings of seventeen five pounds each, and that the sum pounds ten shillings of twenty-fivepounds, should be raised in only,instead of the sum And whereas it is
Macgregor,
No.
Street, Grosvenor
expedient
sum
that
the
should
be
reduced
to the
of
one
hundred
respect of each
Be
such
share enacted advice
it therefore with
:
"
by
and
the
Lieutenant-Governor
of
of
British
Guiana,
as
the
consent
the
Court
of
Policy thereof,
Short title.
follows
1. This
Ordinance
may
be cited
as
the Demerara
Railway Company's
Ordinance, 1849. capitalof the thousand and seventy-five

Reduction of one hundred Company shall be the sum of capital of two hundred pounds, instead of the sum Company. thousand and fifty hundi*ed and pounds, and the said capitalof one seventy -five thousand pounds shall be divided into ten thousand shares, of seventeen each, and such' last-mentioned shares pounds ten shillings shall (as far as circumstances will allow) be subject to the same visions proin all respects as the said original of shares of twentynumber five p )unds each made and were subject to by the said Ordinance
2. The
said
of the
Indenture
or
Deed
or
of
Settlement, and
each
of
them, unless where
wise other-
provided for
the
sums
directed
by
this
Ordinance. and
on
3. Whereas, by virtue of the said Ordinance

said of
Deed
of
or
Settlement,
bond such
Rate
of
on
Company
money of the
is
empowered
to
borrow
mortgage
meeting
time from oi'der of a general to time, by an as may to be borrowed, but the rate of Company, be authorized interest to be paid by the said Company for the use of such sum or borrowed is not Be it therefore therein : sums specified particularly enacted that it shall be lawful for the said Company to allow any rate
use
of interest for the aforesaid

sum
:
of the
that
sum
or
sums
of money
to
be
borrowed exceed
as
Provided
such per
rate
annum.
of interest
shall not
the
of ten
pounds
to
per
cent,
4. Whereas
borrow
money
it is raise
expedient that
sum
the of
said
money
the
or
sums
Company they are

case
should
be
powered Power em-
to create
authorized
sum or
sums
to
new
sliares in of
by
:
the issue of be
cannot
shares,in preferential obtained by way of loan

enacted
time
to
such
of
or
lieu
borrowing.
secured be
by mortgage
for the
bond
Be
it therefore
that time
to
it shall
lawful
said
Company, by
themselves
order from
said
meeting of the
Company,
raise
of any ordinary or extraordinary either by contribution among persons

means,
as
or by the admission undertaking,or in part by each
of other of those be time of

at
subscribers
sum or
to
sums
the
such
of
money
so
as
it would raised
otherwise
time
to
to
be
from and
libertyto borrow. by subscriptionshall

the
sum
The be
money
divided
into
distinct and
;
integralshares
all such
new
of seventeen
each shillings
shares,and
the
pounds ten holders thereof,
200
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D. 1849.
shall have in the other

over
and preferenceover and all other shares interests priority of said the the as undertaking, principal of such capital regards
shares all
and
now
the
dividends
or
interests said
to
accrue
thereon, and
hereafter
said
to
charges granted, for the

authorized such
to
granted by
execution of
the the
Company,
under such
not
an
or
be
works
;
the
new
Ordinance without
ordinary extra-
be made
and
constructed
but
shares,having
issued
priorityand
preferenceas
the
said
vote
shall aforesaid, shareholders

at
be
the
authorityof
the
of the said
meeting
in provisions
or
of the
Company
and with Deed
Provided
or
ordinary or always that

Deed
of money either or shares
all the
Ordinance
Indentm'e
Settlement,
either
of
tliem, contained
Indenture
or
regard
of
to
the
the
by
to
the of be
said
Ordinance authorized
in
and
to
Settlement,
to
them,
issued
be raised
and by subscription, of
new
respect thereof,and to the creation of such shares, shall apply to the

to
shares of such
shares,and to the holders to be raised, and to the money be created,by virtue of this Ordinance, and to the holders and far such as shares, sa\e except so provisions are
altered
repealedor
Ordinance.
Increase
rate
by
or
are
inconsistent
with
the
of provisions
this
of
5. Whereas
of the said of any
to to
the
rate
of interest who
allowed be
to
be
paid
advance
to
shareholders
the whole
or
of able allowto shareholders
interest
part
the
Company willing to may their subscriptions, beyond the sums

said Ordinance and
called for, is actually

or
limited
advancing
by
rate
the
Indenture
Deed
of
Settlement
subscriptions.
extend
for
of five per cent, per annum it is expedient whereas ; and Be such limitation it therefore enacted that ful it shall be law: said
the
Company
the whole
to
or
pay any
sums so
to
who
may
advance
any shareholder part of the moneys
or
shareholders upon their

rate
due
respective shares, beyond

interest upon from time as shares in
the
actuallycalled for, such paid in

the
of
the
to
principal moneys
time of may which
sum
advance, or
of have the
so
much
thereof upon
as
exceed such
amount
calls
the the
respect
advance
in
shareholder
upon
case
:
paying such
that
sum
in advance
rate
may and the

to
been
made,
may
not
Provided
the
the
interest per
cent,
be
Company paid shall
agree
in any
exceed
of ten
pounds
per
annum.
Reduction number members London Demerara Committees. See No. of
of of and
Ordinance 3
ment, Deed of Settleor Whereas, by the said Ordinance and Indenture pany of the affairs of the Comthe general direction and management (subject only to the control of general meetings) are vested in a of not less than nine shareholders, Committee resident in England, and Committee," and the local direction and managestyled The London ment
6.
"
0/1855.
control in to the absolute Colony (subject of Committee) are vested in a Committee nine shareholders resident in this Colony, and styled The Demerara time the said Company is empowered from Committee "; and whereas to time in generalmeeting, after due notice for that purpose, to increase
of such afiairs in this the London all
things of
"
the
number
;
of
members
it is
in
the
case
of
the
London number
Committee of be
to
twelve
nine
to
and
whereas Committee
the London
of members
of the the
expedient that the said Company

case
members
the number
of
from
should
three
reduced
Be
and that,in five,
of the Demerara from for nine

to
Committee,
;
should
V)e reduced be
it therefore time
to to
enacted
time in
that it shall
of members
lawful
in
the
of
said
for
Company,
that
removal
from
general meeting,after due

the
case
notice
purpose, uf
reduce upon
the number the members
the London
Committee,
the the
death, resignation, disquaUfication, or

of such
present
order
Committee,
to
five ; and
also to determine
A.D.
1849.]
DEMERARA
RAILWAY
COMPANY.
shall
out
[No.
of
1.
201
of rotation
what
case
in which
such
a
reduced
number
at
go
number of the
shall be Demerara
Company
any
from
or
time
meetings ; quorum Committee, it shall be lawful either for the said for due notice to time, in general meeting, after
London Committee
of
their
and
and office, also, in the
that purpose,
for the
the
said
Company,
at
meeting
of such
the Demerara
or suspension,
of of the members Committee, to reduce the number discjualification, Connnittee, upon the death, resignation, of such Committee removal to of the present members
to
three
and
also
determine
go
out
the
order
it
of
rotation what
in
which shall
such
reduced
quorum
number
at
shall
of office, and
that shall
number
be
their
meetings ;
and
henceforth
be
less
sufficient
of the London that there be, in the case members to act in the general diiection
and
Committee, not management

of
than
five
of the affairs
of
not
the
of
said
Company, and,
three members
in this
in
to
the
act
case
the
Demerara
Committee,
and
ment manage-
less than
in the local
direction
affairs
all
things of
the
said
Colony, but subjectto the absolute control in London Committee, accordingto the provisions
Indenture
said of the
or
of the
said Ordinance
said be
and which
Deed
case
of
altered,and hei'eby
and
and of which
in five,
of the London
three, in
case
Demerara
Settlement, except as Committee, shall have, Committee,
enjoy, and
subjectto all the indemnities which, by the
rights, privileges, powers and provisions, Deed Indenture and said Ordinance or
the
and
in Settle nient, are given and provided for the said nine members of the TiOndon case Committee, and for the said nine members
case
in the
of the
are
Demerara
Committee,
and amended
except
such
or
of
the
powers
as provisions
altered
by,
members
inconsistent
with
this Ordinance. 7.
If
at
Committee
any time there in this Colony,

J
*
are
not
three
~
servingon
*j
the Local
^
Right
act
on
of
to
the and
being may
and
may,
lawfullyact
with the
as
for the time of the Railway Manager such of be provisionally Committee, one
or
Manager
Committee certain
J_jOC3.1
in
remaining members
member
of
such the
Committee,
or vacancy that it shall
event,
lawfullyexercise
vacancies be lawful
the powers of such Committee is filled up according to law : Provided for the Company, with of the consent time
to
until
always general meeting

fit to do and
of
a
shareholders,from Managing
Director Director may, all the
time
to
appoint,if it thinks
so,
Managing Committee, of office,lawfullyhave, exercise, and during his tenure duties,and authorities vested in the Local enjoy rights, powers, of the and the Committee by provisionsof the Deed of Settlement the in force and in the several Ordinances to ; relating Company now Director or able incapevent of such Managing dying,resigning becoming to of acting, it shall be lawful for the Governor appoint provisionally in his placeuntil the vacancy is filled up by the Company.
in lieu of the Local
such
8. All the
tained
in the
matters, and provisions, powers, said Ordinance Indenture and
things which
or
are
con-
Saving
of
Deed
force
of
Settlement,
cflFect
to
"j^j^J
except
or
such
of
them,
if any,
as
are
by
this Ordinance in full
altered. Company. repealed,

and
otherwise
provided for,shall
purposes,
as
remain
same
all and
intents and
if the
powers,
matters, provisions,
re-enacted.
things were
9. This
all
hereby and
Ordinance and
herein
repeatedand
Ordinance
shall be
this
with incorporated
shall
the said Ordinance, and

form
Constraction oftheOrdmance.
the
provisions of
shall be
part
as
of
the
said
one
Ordinance Ordinance,
construed
together therewith
forming
202
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1850.
ORDINANCE
A.D.
1850.
No.
OF
1850.
An
Ordinance
to
Ordinance.
and
,
Sale of Bread
provide Regulations for the Making ation and for preventingthe AdulterBread.
o/ 1900, incorporated
No. 37
of Meal, Flour, and
[1stAugust, 18.50.]
B
Short
it enacted
by
the
Governor of
of
British
Guiana,
with
the
:
"
advice
and 1. This
consent
of the Court
Policythereof,as
as
follows
title.
Ordinance
maybe
cited
the
Bread
(Making
and
Sale)
Ordinance, 1850.
Interpretation
of terms.
2.
unless
"
In the
this Ordinance, unless it is otherwise otherwise context requires,

"
provided specially
or or sells,
or
Baker
"
means
every
:
person
who
makes,
exposes
bread
for sale word
Every
only shall importing the singular number matters, or things,as and be appliedto several persons, to one matter, or thing : person, shall extend Every word importing the plural number well to as or as thing, matter, applied to one person, matters, or things: persons, gender only shall importing the masculine Every word well as to a male. and be appliedto a female as
It shall be
extend
well
as
and
be
several
extend
Materials whicli may
of
3.
or sell,
lawful for every
baker
or
seller of
bread
to
make
and
bread
be made.
made
corn,
and
shop, or to deliver to his customers, bread of wheat, barley, buckwheat, Indian meal of flour or rye, oats or potatoes,or any of them, yams, peas, beans, rice, plantains, with salt, fresh water, eggs, milk, barm, leaven, common any
offer for sale, in his such
matter
as proportions
in potato, or other yeast, and mixed and with no other ingredientor fit,
he
may
think
whatsoever,
subjectto
the
regulations hereinafter
Regulations as to weight and
size of bread.
contained.
lawful for any
4.
and
"
(1.)It
or
shall be
baker
of
or
seller of bread
to
as
make such
to his sell,
customers,
bread
made
fit.
such
weight
in
case
or
size
baker
seller of bread
shall think
(2.) All
seller of bread
bread
shall
shall be
or sell,
sold
cause
by weight,and
to
any
baker
or
in any other manner be sold,bread seller of baker in such or such than by weight, then and case, every ing exceednot bread shall for every such offence forfeit and pay any sum such offender is which the Magistrate before whom ten dollars,
convicted
hinder under
may this Ordinance
order
and
shall extend
or
direct ; Provided be construed or

seller of bread from French
s.
always
to
that
to
extend
nothing prevent
in
or
any such baker the denomination

same.
bread selling Bread

or
sold usually
of
weighing the
Weights
used of bread. (See Ordinance bio. 2
to he
(37
of 1900,
Fancy 2.)
or
Rolls without
in sale
of 1851.
(1.)Every baker or seller of bread, in the sale of bread, shall to to the pound, accorxling Avoirdupois weight of sixteen ounces for the time being in force the standard provided under any Ordinance and the several gradationsof the relating to weights and measures, for any less quantity than a pound. same
5.
"
use
(2.)In
case
any
baker
or
seller of bread
at
any
time
uses
any
204
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1850.
so
mixed ingredientwhatsoever and then for or sale, exposed shall for every
with
the
meal
or
flour every
sold
or so
offered ing offend-
such
in every such offence forfeit and

not
dollars and twenty-three

of
person not sum any dollars. exceedingforty-eight

case
pay
less than
Marking
bread of mixed materials.
10.
sale yams, shall
"{1.) Every
bread
or cause
made
any
who person made wholly

or
makes
or
for
sale, or
peas,
or
or sells,
exposes
for
of partially of
corn
beans,
plantains,
potatoes,
all such
of
any
to
sort
bread
be
marked
with
(2.)If
for then pay, any for
two
sale
makes time at any any person such mark bread without any such and in every such case so offendingshall forfeit and every person for every pound weight of such bread, and so in proportion for
grain other than wheat, M. large Roman for sale, or sells, or exposes hereinbefore as directed,
a
less
sale, without dollars, as
quantity which being so

the from
be may mai'ked
of
to
so as
made
for
sale, or
whom
sold, or
not
such aforesaid,
sum,
exposed exceeding
Justices time
the
Peace
before
such
conviction
takes
placemay
"
time
order and
adjudge.
of the Peace,
or or
Power for and bread.
to search seize
11.
(1.)It
of
shall be lawful
for any
also hand for
Justice
any
adulterated
Commissary
authorized
warrant
Taxation,
under Justice
and the is
policeofficer
Justice
for any constable
by
warrant
of any
of the Pe^ce
(which
hereby empowered to grant),to enter at any house, baketime in the into any house, shop, stall, seasonable daytime any warehouse, outhouse, or ground of or belonging to any baker, the not and to search and examine whether any mixture or ingredient, genuine produce of the grain of such meal or flour,has been mixed up flour in the possession of such baker, with or or put into any meal terated, whereby the purity of any meal or flour is or may be in any wise adulwhether mixture or or ingredientother than is allowed any has been mixed with or by this Ordinance put into any dough or up bread of any such baker in the posses'îon other person, whereby or be in anywise adulterated,and also any such dough or bread is or may for any mixture to be be intended to search or ingredientwhich may
used in
or
such
for any
such
adulteration
or
mixture.
that any such meal, flour, (2.) If, on any such search,it appears dough, or biead so found has been adulterated by the peison in whose then be, or any mixture it may is found which or possession ingredient teration be in the adulhave been used in order there to to seems deposited
of lawful for
meal, flour,or
bread, then
Peace
and and
in every
such of
case
it shall be
for every Justice of the officer constaVde or every take
Commissary
as
Taxation, and
may
to
authorized
or
to aforesaid, respectively,
seize and in any
such
and
any search
meal, flour,dough,
and
bread
which
be found
all have
deemed
may be
to
have
been
for
adulterated,and
and any
dients ingrebeen
as
mixtures
to
which
be
in
as
found
or
deemed such
as
used,
with
or
intended
and
,
used,
adulteration aforesaid
to
a
aforesaid the Peace.
such
part thereof
may
be
seized
shall,
of
all convenient
speed after
the seizure, be
carried
Justice
such seizure (3.)If any Justice of the Peace who makes any of this Ordinance, or in pursuance to whom anything so seized under the authorityof this Ordinance is brought,adjudges that any such meal,
flour,dough,
or
or
bread
so
seized has
other than
been
adulterated
by
this
any
mixture
or
ingredient put adjudges that any
therein
is allowed
so
by
as
Ordinance,
ingredient or
where
so
mixture
found
aforesaid has
been
depositedor kept
found
for the purpose
of
meal, adulterating
A.D.
1850.]
bread, then and
in
BREAD. such
is
some
[No. 1.
case
205
flour,or
Peace
same,
or or
any
every
such
Justice
of
the
Commissary of to dispose
of
Taxation
same
the
for
hereby required to destroy the publicpurpose.
house, shop, stall, bakehouse, warehouse, Penalty on Vje baker having possession any ingredient or mixture may in possession found which, after due examination, is adjudged to have been deposited mixture for there for the purjjose of being used in adulterating meal, flour,or purijoses of adulteration. of any such forfeit and bread, shall, on ofi'ence, being convicted pay
or
12. Every baker outhouse, ground,
in whose
any
sum
not
less
than
ten
dollars
a
and
sum
n()t
dollars for the

dollars and
first
and offence,
of
not
exceeding twenty-three less than twenty-three

the
second
dollars not exceeding forty-eight subsequent offence.
for
and
every
13.
of the
"
(1.) If
Peace,
may
any and
baker
makes
at
any
time
to
makes him
complaint
any for which that he has
to
any
Justice
such have
Complaint
against servant
appear
offence may
which
baker
have
been
and paid any
charged with, and penalty under this Ordinance,

default
curred inconvicted
offence.
by
Laker of
been
occasioned
or
by
or
other servant
then and
through the wilful act, neglect,or employed by or under such

in any such
case
of any
journeyman
it shall
so person be lawful for such
making complaint, Justice,and he is

hand
for
hereby
any
to required,
issue out
or
his warrant before
under
his
bringing
or
such
journeyman
any any
two
servant
more
himself
and
other
Justice
Justices, or
or
Justices.
or
(2.)On
and
are
such
journeyman
such
servant
or more
being thereupon apprehended

such Justices Justices,
brought
before any
two
into the matter of such hereby authorized and requiredto examine and, on proof thereof,to adjudge and order that a reasoncomplaint, able of money, sum not exceedingforty-eight dollars,shall be paid by such his master to to journeyman or servant by way of recompense him for the money which of the wilful act, he may have paid by reason default of such journeyman or servant. or neglect,
14." (1.)No employed in the

on
or
master
or or
trade
journeyman, or other of a baker, shall calling

or
on
person the
Lord's
or exercising Day, or
Provisions
as
to
Siinday labour
in bakehouse.
any
make part thereof,

on shall,
bake
kind, or
any
other
cakes of any sort or any bread, rolls, part of the said day, after the hour of sell
or
eleven
o'clock
in
or
the
forenoon,
or
expose
for
sale,
or
permit
of
or
suff'erto be sold
sort
exposed
bake
for sale, any
or bread, rolls,
cakes
any
kind, delivered,any
or
manner
may the
or deliver, or permit or suff'er to be baked other meat, pudding, pie, tart, or victuals,or in any exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof,save and except so far as be necessary in settingand superintendingthe sponge to prepare or or
dough for the followingday'sbaking. (2.)Every person who off'ends against any of the last mentioned and is thereof convicted before any of the Peace Justice regulations, 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 and for the third and penalty of five dollars, subsequent offence every the penalty of ten dollars. respectively
15.
any
bread
Every
such
person
*^
who
resists due
sum
or
makes
forcible of this than
against oppossition
Ordinance shall for
Penalty on
person
pei'son
employed
offence
in the
execution
not
resisting
OI
CXGCUtlOll
every
and
forfeit any
less
twenty-three dollars
1116
Ordinance,
not
dollars. exceeding forty-eight
206
No.
and
1.]
16.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1850.
Procedure
ajipeal.
the
See No.
Ordinance
12
of
1893.
Ordinance No. 13 of 1893.

See
Every-complaint to obtain a conviction under or by virtue of in consequence or upon provisionsof this Ordinance, and all pi'oceedings for where otherwise of any such complaint, by provided except such complaint, of making and manner to the mode this Ordinance as shall be into effect, obtaining a conviction, and carrying the same in the time for and Ordinance being governed regulated by any force Stipendiary Magistrates in the regulating procedure before of their summary exercise appeal from any jurisdiction ; and every in pursuance conducted such conviction shall be governed by and for the time of the provisions of any Ordinance lating being in force reguMagistrates: Provided appealsfrom the decisions of Stipendiary payment to prison for nonis committed always that whenever person any of this Ordinance, such of any penalty under and hj virtue imprisonment shall be with or without hard labour as to the Justice fit : Provided, also, that whenever Justices or seem committing may
baker or any section either
other
8
or
person section before
is convicted
of
second
offence
under and
may
12,
whom
in
addition
any such
cause
to
all other
or
pains
person
name,
the Justices penalties, be of convicted of

a
baker the
other
of
second
to
offence,shall
be
offender's expense
place
person
abode, and convicted, in

17.
of the
or
offence
some
newspaper
or
published,at the of the Colony.

which may
the
Protection Justices others done and
of
Every
any Police
action Justice Force
suit the
be
brought
of
or
commenced member
or or
against
the
of
or
Peace, Commissary
Taxation,
for acts under
constable, or
the be
execution
Ordinance.
done
this
committed
in shall
for any matter person, of his office, by virtue of and
thing
under
Ordinance,
subject to
See No.
Ordinance
2
contained
of 1850.
of protection
in any Ordinance for the time and Justices of the Peace done
governed by the provisions being in force relating to the

other of
persons
their
from
vexatious
office ; and all the actions for acts by them in execution and and by defences, protectiongranted under rights,privileges, virtue of such in the Ordinance execution
to
acting
be had, and of Justice the Peace, Commissary of held, enjoyed by every in other person, of the Police Force, constable or Taxation, member
of office shall be extended
to
any his
Justice
of the Peace
or
other
and
person
action,suit every committed or by

virtue
or
brought againsthim prosecution

in the execution
for
him
of his office, under
anything done and by
of this Ordinance.
OKDINANCE
A.D.
"
No.
OF of
1850.
1850.
f
"
An
Ordinance other done
to
protect Justices
from Vexatious in Execution
the
Peace for
and
Acts
Persons
Actions
by
them
of their Office.
[1stFebruary, 1851.]
WHEREAS
and
Be other
it is
expedient to protect
Justices
of the
Peace,
bers mem-
Commissaries Police Force, constables. in the execution of their duty : officers,

of the enacted
of Taxation,
it therefore
by
be
the
Governor
of British
Guiana,
follows
:
"
with
the
advice
Short title.
and
consent
of the Court may
of
Policy thereof, as
as
1, This
1850.
Ordinance
cited
the
Justices
Protection
ance, Ordin-
A.D.
2. Peace
1850.]
Every
for any
PROTECTION
OF
JUSTICES,
ETC.
[No.
Justice
of
2. the
Character
"'^^'^"^ *"
207
of ^
action
act
hereafter
done
to
be
in
brought against any

the
tort
by
to
him any
as
execution within
or
of
Justice, with
it shall be
respect
an
matter
his
duty as as jurisdiction
his and in the
such such claim
brought against
Justice
act
for in of
Justice,shall be
action
for
injury ;
done
done and maliciously alleged that such act was expressly reasonable and without if,at the trial of any such probablecause ; and clusion action,upon the general issue being pleaded or a simple contrax-y conhe shall be such allegation, fails to prove taken, the plaintiff
execution office.
nonsuited, or
shall be
the
defendant the
shall be absolved
of the
instance,or
tence sen-
given for
act
defendant.
of which by a Justice of the Peace in a matter his he have exceeded in which no or jurisdiction, by may done under act jurisdiction, injuredthereby,or by any any any person issued order made conviction warrant or by such Justice in any or action such maintain an againstsuch Justice in the same matter, may he form and in the same ment as case might have done before the commencein his claim without of this Ordinance, making any allegation and without done that the act complained of was able reasonmaliciously such action and probable cause : Provided, nevertheless, that no under such conviction order or shall be brought for anything done shall any order has been quashed, nor until after such conviction or such under warrant such action be brought for anything done any Justice the appearsuch to procure issued which have been by ance may followed has been which of such by a conviction party, and
3. For
law
he
any has
done
Action done in
for act without of

or
excess
jurisdiction.
or
order been
in
so
the
same
as
matter, until
after
such
conviction last-mentioned
or
or
order
has
quashed
followed
an
has not
warrant
been
upon if a
aforesaid ; or, if such by any such conviction for

an
warrant
order,
or
if it is
information
was
summons was
such
summons same
served for him
theless, offence,neveralleged indictable and issued previously to such warrant either such person personally or by upon some
leavingthe
summons,
with
not
person
at
his
last the
or
most
usual such
place of abode,
Justice
for
and
he
case
did
no
appear
action
accordingto
warrant.
exigency of
in such
such
shall be maintained
against such
anything done
a
under
such
4. Where
conviction
or
order is made
a
by
of
one
or or
more
Justice
bond
or
Provision for
case
Justices of the
Peace,
and
warrant
of
distress the
commitment
is
where
or
granted
wdthout
so
thereon
by
warrant want
some
other
Justice
Peace
fide and
who
conviction order
one
made
by
no collusion,
action
shall be
brought againstthe
Justice
Justice,
waiTant
granted such
for any
same,
order, or
made
Justice the
or
but who
of any defect in such conviction or by reason in the Justice Justices who of jurisdiction or shall be brought against the the action, if any,
made
and
granted by another.
thereon
Justices
such
conviction
or
order.
5. In all
the
Peace
cases
where
of the
discretionary power
no
is
by
any
Ordinance,
manner
action in
shall be
given to a Justice of brought against such

have exercised his
Prohibition action
m
of
respect
Justice
by
reason
which
he may
discretional^
power.
discretion in the execution
of any
warrant
a
such
power.
warrant
6. In all
or
cases
where
either
of distress
of
or
of
ment commit-
Prohibition action
warrant
on
of
may order
or
be
granted by
upon
so
Justice
or
which,
before
after
conviction upon any the granting of such warrant, has
the
Peace
where
or
conviction order
on
been such
is confirmed
appeal,no
action
warrant
shall for
Justice
who
granted such
brought against anything which may
be
continued
appeal.
208
No.
have
2.]
been
or
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
in
1850.
done order.
cases
under
the
same
by
reason
of any
defect
such
viction con-
action
Setting aside of brought against prohibition

of the Ordinance.
7. In all
shall be
where
by
this Ordinance
it is enacted
that
no
action is
brought under
particularcircumstances,
brought it shall be lawful for a Judge of the and on the application of the defendant is brought,on an in such action, with the facts, to set aside the proceedings
costs, as
to
if any such Court in which
action the
same
affidavit
or
of
without
him
may
seem
meet.
Limitation time for
of
8.
No
action done
shall be
brought against any

execution months
next
Justice
of
the
Peace
same
for
is
anything
commenced of has
by
him
in the
of his office after
unless the
act
the
bringing action.
within
six calendar
complained
been
committed.
action
one
Notice action.
of
9. No
the Peace of such his usual
or
such until
shall be commenced calendar has month

at
against
least
to
any
a or
such notice left
Justice in for
of
after
writing
him such
at
tion, ac-
intended
action
been
delivered
him,
placeof by
abode, by the party intendingto his attorney or agent, in which said notice
in which the
same
commence
the
cause
of action shall
and
the Court the
is intended upon
to
be
brought
be
dorsed en-
clearlyand
and
or
stated ; and explicitly

name
name
the back
thereof
so
shall be
and and
place of
has
abode abode
of the
or
party
such
intending to
or
sue,
also the
placeof
been
of business
of the said attorney
agent, if such 10.

In
notice such
served
by
attorney
be
agent.
Right of
defendant
to
any general issue any such
action
a
the defendant
shall
allowed
to
or
take
of
plead general
issue, etc.
matter special
therein,and simple contrary in evidence defence, excuse, or justification

conclusion
at
plead the to give

under
plea
"
or
conclusion
the
trial of such
action. of action is
Tender
and of into
payment
money Court.
11. (1.)In every and before aforesaid, such notice is given
such such may

sum
case,
after notice
is
to
so
given
as
action
tender
of
commenced, the Justice to whom the party complaining,or to his

as
attorney
for the been
or
agent, such
and has
money
time such into
he
may issue
think
fit
as
amends
injurycomplained of
at
in such any
notice
; and
after such
in
sum
action
has such
commenced,
he
at
before
joined therein, the

addition
of money
to
as
defendant,if
may of think fit.
not
made
pay
tender, or,
Court such
tender, shall be
to liberty
he
(2.)The
them,
said
tender
be
and
payment
in
or
may trial under the the

at
afterwards
given
or
of money into Court, or either evidence the defendant at the by conclusion where aforesaid there is not
;
a
general
there
or
issue
a
contrary
the that
and
if
jury,where
the
are trial,
is
jury,
so
Court
jury,
to
a
is of
sum a
opinion
the
and
damages, beyond the verdict by the jury,or

defendant,
or
tendered
is not entitled plaintiff paid into Court, then shall be

to liberty
sentence
by
not
the
Court,
of
given for the

to
and
the
shall plaintiff be
be at
elect
be the
suited nonsum
that the defendant

if any,
so
absolved
the
instance, and
of
be thereof as may paid into Court, or so much to pay the defendant's in that or costs behalf,shall satisfy thereupon be paid out of Court to him, and the residue,if any, shall be paid to the plaintiff. is so paid into Court in any such action, the (3.)If,where money elects the to in of his damages in the satisfaction plaintifi" same accept said action,he may such in which obtain from any Judge of the Court money, sufficient
A.D.
action
to
1850.]
is
PROTECTION
OF
JUSTICES,
shall him
ETC.
be his
[No.
of be such
2.
209
brought
that
bar
an
order
that such
action
him,
and
the
defendant other
and
thereupon
a
the any
said
money shall pay shall be for the
paid out
costs
to
Court
taxed,
order
determined,
same
and
shall be
to
action
cause.
12.
If, Oji
the
was
trial of
any
such
within
does action, the plaintiff
that such
action
brought
not
the
time
hereinbefore
not prove limited in
Cases
in which be
is to plaintitt'
that behalf,or
if he does month
given
one
calendar
that such aforesaid notice as was prove before such action was commenced, or if he action
non-suited,
etc.
does not
the cause prove that- such cause not prove then and in every such be
of
stated
arose
in such in the
notice,
or
if he
does
of action
case
the of the
shall plaintiff
place laid in the claim, be non-suited,or the

a
defendant
shall
shall be absolved
instance,or
sentence
or
verdict
given for
In all
cases
the
defendant. the
Rule
as
in any such action is entitled to plaintiff or levying payment of any penalty or sum of money under conviction order as or parcel of the damages any which he seeks if to recover, that he was lie or imprisoned proves under such conviction order, and seeks to recover or damages for such the amount of such imprisonment, he shall not be entitled to recover levied or paid,or the of four so sum sum penalty or sum beyond any cents as damages for such imprisonment or any costs of suit whatsoever, if it is proved that he was he actuallyguiltyof the offence of which liable by law the he was so to convicted, or that he was sum pay ordered to pay, and with respect to such imprisonment, that he was so had undergone no greater punishment than that assigned by law for
recover
13.
where
to
and
he proves
the
damages where is plaintift'

entitled
recover.
to
the offence for which

sum
he
was
so
convicted, or
for
non-payment
of
the
he
was
so
ordered
to
pay.
any such action
recovers
a
14.
a
If the
in plaintiff
or
verdict
sentence to
or
obtains
to
Rules costs.
as
to
sentence,
the
defendant
had
allows
judgment
or
against him
manner as
by default,such
if this Ordinance claim and
shall plaintiff
not
be entitled
costs
in
pass such
is stated
in the
and maliciously if he the

recovers
a
without verdict allows
passed ; or if in such case it demand that the act complained of was done reasonabl*^. and probable cause, the plaintiff,
obtains
a
been
or
sentence
for
any
to pass judgment or sentence 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 be verdict or otherwise, shall in all cases judgment or sentence upon entitled to his full costs in that behalf,to be taxed as between attorney
defendant
damages, or if against him by
and
client.
15.
the
This
Ordinance
shall
apply
for the
protectionof
all members
of
Extension other of of the
Police Force, all constables,all Commissaries other persons for anything done in the execution and by virtue of any Ordinance in all other ; and whether
all of Taxation, and of their office under
oflScer
protection
Ordinance. cases whatsoever, and of the Police Force, protection is given or not to the members of Taxation, or any of them, or constables,and Commissaries any otlier of the Police Force, all conby any Ordinance, all memVjers stables, person, all Commissaries of Taxation, and all other persons, in all and every action brought against them, or any of them, for anything done his office, of their or by theai,or any of them, in the execution shall be entitled the protection afforded to by the provisions of this
Ordinance.
210
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1851.
ORDINANCE
A.D. 1851.
No.
OF
1851. New
An
Ordinance
for
Plantation partitioning
of whicli forms the
Ordinances No. and 1856
Nassau,
for
of 1852 No. 33 of
1
a part the Joint Buxton, among
Orange Village of
Proprietorsthereof, and
and
incor-
porated.
other partitioning
Lands
similarly Villages
circumstanced.

day of and constitute now January, 1841, the front lands of which the form Village of Buxton, on the sea coast east of the River have this Court to Demerara, presented a Petition whereby, after stating as is therein stated, they have prayed that this Court would Ordinance be pleased to pass an a by which partitionof the lands of New Orange Nassau, including that part of the said lands forming the Villageof Buxton, may be made and had amongst them according
New
WHEREAS
large majority of
the
of joint proprietors
the 2nd
tion Planta-
Orange Nassau, by transport, dated
to
the survey laid therewith and said lands Village made Sworn And
over,
that
is to
say,
in
March, 1842, by
taken said the
survey James
of
the
Hackett,
Land
whereas has
Surveyor ;
the
Court, having
prayer of the
;
granted the
Petition,and
for provision
tion, premises into considerais willing to pass the

of partitioning
the said Ordinance

And other Be
whereas
lands
it is desirable to make
:
circumstanced similarly enacted of the
it therefore and
consent
by
the Governor
of
of British
Guiana, with the

follows
:
"
advice
Short title.
Court
Policy thereof,as
as
1. This
Ordinance
may
be
cited
the
Village Lands
(Partition)
Ordinance, 1851.
Interpretation
of tenns.
2. In
unless
to any
or
this
Ordinance,
unless
it is otherwise
the context
otherwise
when, requires,
same
matter, or thing,any word person, the masculine gender is used, the

shall
or
specially provided or or describing referring ber importing the singular numin shall be understood
to
include,and
to
one
be
appHed
person
as
corporate,
as
well
one
party, and and to individuals, as

matter
or
to, several to females as
and parties as well as persons well as to males, and to bodies

to
several
matters
and
things
well
as
to
thing.
New
Partition
Power Justice to nated nomi-
of Plantation
Orange
Nassau.
by the
Governor
convene
to
meeting of
of of
proprietors
Buxton.
3. Any Justice of the Peace resident the Village of at or near Buxton, on the sea coast east of the River Demerara, and nominated within calendar mouth after the commenceby the Governor, shall, one ment of this Ordinance, by publicadvertisement in 7%e Official Gazette, and by notice in writing affixed to the door of ever}' Church and Chapel in the said Village, and call togethw a meeting of the prosummon prietors by transport, and purchasers at execution sale,since the 2nd lot in and interest to any day of January, 1841,of any right,title, or of the lauds of Plantation allotment New or Orange Nassau, including
212
Placing of posts denoting
Ijoundaries lots. of
No.
8.
1.]
Within
as a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1851.
one
week
after
thereafter
practicable, any
Sworn Land of the Neio
by
shall enter of lands of
aforesaid,or as soon panied Commissioners, accomSurveyor employed by the Commissioners,

election
as
such
one
or
more
of the
upon Plantation
each
lots
or
allotments
laid down
in
the
survey
Orange
Nassau,
including the
such of each
a
Land Buxton, made by the Sworn Surveyor James aid and and with such assistance, cause shall, 1842, denote boundaries be sufficient to the a'^ posts may
to
or
Village of Hackett, in March,

number lot
or
of ment allot-
be
otherwise
and placed and planted, marked, substantially with the
each with
of such the
or
posts shall be branded,

Sworn Land
initials of the
Surveyor,and
Effect of
number from
the
of the lot
allotment,
on
9. end
each
Straightlines
of each
or
or
drawn
post
be land
to
post
each
side line
and
at
each
defining
houndaries of lots.
lot
or
allotment
shall
the
boundary
in the
of each
of the
lines of
said lots
lot
allotments, and
allotment free shall
enclosed
boundary
be, and
lot
be
held
and
considered
to
shall
be,
the
full and
property of the person to whom, being one by transport of the 2nd day of January, 1841, such
of the
or
proprietors ment allot-
was
given
as
themselves
by the other proprietors on a up of the lands in question, as designatedon

aforesaid, or
as
division the chart
amongst
of
the
said survey
execution
Certificate survey. of
sale
aforesaid
of any person representing by purchase at such proprietor by transport. any
10.
down
Posts
in the
laid denoting the boundary lines of each lot or alloiment and as a aforesaid, certificate, being placed planted survey Commissioner
or
signed by
to to
such
Commissioners the
said in the
and
Sworn lines
Land
veyor, Sur-
the effect that

or
posts denoting
laid down Land
boundary
the Ltts
allotments such
or
and
planted by
Sworn
Surveyor
in presence to the said
have been survey the boundary on of such and the
according placed
lot of
or tificate cer-
each
of the said lots shall
allotments
Commissioner said
Commissioners
shall
be
attached
survey,
countei'signed by the Chairman, and shall contain list of the names of the proprietors a by transport on the 2nd day of January, 1841, and of all persons tion representing by purchase at execusale as aforesaid any proprietorby transport, and of the number the lots or allotments to them respectively belonging; and such survey, and list shall be depositedin the Office for the certificate, Registrar's Countries of Demerara and Essequebo.
Passing of transports to
persons entitled.
be
11.
pass, of the
"
(1.) Two
shall each
or
or
more
of the Commissioners, of whom
the Chairman
shall be one,
to
have
or
transport
purposes shall have
person execution and
full power shall and authority to pass, and his legalref Te.sentatives entitled by the original sale
as
aforesaid
to
lot
or
allotment be
to
transport
and
same,
thereupon such
in all Courts
transport shall
and in all
cases.
all intents
evidence
(2.)The
lot
or
proprietor of any such lot or allotment, and his heirs, full power to sell,alienate, convey, and transport the said allotment in the same and if he had had and mode manner as
title
held other
Cost of
tra)i
a originally
separate and
joint proprietors of the said

For every in
by transport plantation.
grosse
distinct
from
all the
12.
sport.
advertisements
and
shall be Kegi.strar fifty cents, and no more, the transport. receiving
transport including the all Gazette, and Official entitled to charge and receive
Th".
such
copy
thereof,
other
a sum
the expenses, of one dollar the
and
such
sum
shall be
paid by
party
A.D.
"
1851.]
PARTITION
OF
VILLAGE
LANDS.
[No. 1.
of
213
Determination
contained in the last five 13. (1.) Notwithstandingthe provisions sections,it shall be lawful for the Cominissioners,aided and preceding the Governor assisted by any two additional J ustices of the Peace whom from time to time be pleased and to receive, entertain, to apjjoint, may the claim of any purchaser of Plantation New determine Orange Nassau, his heirs, executors, or the Villageof Buxton, ov trators, adminisinclu"]ing in
on
subsequent
claims.
and
to any
lot
or
the
chart
of
the the
survey
name
porton any of the said
or
part
of any
lot laid
down
the plantation, including
said in
whether Village,
the
of such
purchaser has
been
stated
or
not
includingthe transport of the said plantation, day of January, 1841. (2,)Upon any such claim
aided claimant and
as
baid
dated Village,
the 2nd
being admitted
as
and
lot
determined
claimed
by
the
Commissioners, grant
the of the of the
to
and
a
assisted
title in
as
the Commissioners aforesaid,

to
name
shall
such
mode
and
the
so
same
manner
if the
of such
by him in claimant, being one

transp.^rt
so
purchasers
2nd
to
had aforesaid,
been inserted
; and
a
in the said
day
of
January, 1841
and purposes
such
when title,
valid
or
granted,
shall be
all intents
and good,legal, each
title.
allotments shall
assess
14. The
Commissioners
shall value
of said lots
Assessment lots for expenses.
of
and of the buiJdini^s independently the rate or portionsto be paid

or
cultivation
in
thereon,and
each
respect of
incurred
of
to
the
said lots
in
allotments
towards
the
expenses
and
be incurred
carrying
into effect the
of provisions assessed whom the
this Ordinance. each lot

or
15.
after
or
a
"
(1.)The
the
amount to
upon
same on
allotment
shall be
Payment
and
paid by
demand
person of
is allotted within him

to
or on
thirty days
or
payment
is served
same
the lot
allotment,
default
of
of recovery amount assessed.
by nailingor
tree, or payment, the Commissioners
fasteningthe paling of the
any
spicuous conprincipal building,
said
allotment
and,
in
fit and shall authorize,in writing, some for to the the of same proceed by summary proper person recovery execution accordingto law.
(2.)In
as
any
such
process
it shall Ije sufficient to describe of tlie of Village
the Commissioners
Commissioners
or
Puxton, without
ing specifylot
their
names
provingtheir authoiity.
allotments
to
of aforesaid shall be, and the same are Liability as for amount of any be, liable and executable for the amount assessed. such assessment and the amount of any such assessment as aforesaid, due by or claimable against any such lot or allotment aforesaid shall as is hereby declared to be, preferent over and above be, and the same all claims of whatever such whether nature, kind, or description, any claims are against such lot or allotment, lot and buil'iings, or or against the proprietorthereof, withstanding, notanything in this or any law or Ordinance
or
1 6. All lots
hereby
declared
but
the
againstthe
of Village
whole
of the
of the said Plantation
be preferentover shall not any or proprietors againstthe whole of the Naw Oranje Nassau, includingthe lands
same
claims lands
of the
Buxton. Partition
of other Lands.
at by purchase
on
17. If
execution
TT
at
any
time the
any
1111
by transport or proprietors,
purchased iointly,and
1
"
Eight of apphof joint cation of proprietors other Village lands for
sale,of
1 1
other lands
1
which
"
any
1
illagehas
ten,
or
1 1
been
a
established,such
proprietors being nut

desirous
fewer
i"
in
number
than lands
majorityof such
and partitioned,
YOU
having such propi'ietors,are of a Grovernor-in-Couacil the to petition partition present such landfl
of
I,
iOA
214
No.
1.]
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1851.
praying for
prayer
such mutatis
Procedure Commissioners of such lands. other
of partition
sees
the
same,
it shall be lawful but

not
for the Governorto
in-Council,if he
of lands such shall
fib to
do
so,
otherwise,
grant
the any
and petition,
thereupon
to
the
joint
of proprietors this
be
subject
that such
the
provisions of
Ordinance,
mutandis.
If it appears
by
or
18.
for the Land and
manner
last-mentioned
Sworn
have proprietors
it shall be
no
plan
lawful
survey
of their lands Commissioners
by
to
Land
such
Surveyor,
and
be
to
appointed
have
of this Ordinance, provisions
Surveyor
and and
thereafter
at
the
costs
manner
and
assessed
levied in
to
according to the surveyed by a Sworn of to be such joint proprietors, charges and form provided by this Ordinance,
chosen
lands titles and
recover
proceed to
directed in
time
establish
expenses
in
form
this Ordinance.
Power Council declare under
to the to estate the to be
Govemor-in-
19. If at any of land situated

the this
the
under proprietors,
of land
of shares separate titles,

as an
on
any
tract
formerly known
themselves it
or
estate,
or
majority
or
of
them, have
or
availed
time
one
of
to
the the
provisionsof
Governor-in-
partitioned
Ordinance
Ordinance,
on
if at
any
is shown
more
Council, by
that any
behalf of any
of
or
of
ten
the persons
have
interested,
subject to provisions of
the Ordinance.
number
obtained
transports
persons letters
exceeding
of
decree
for
an
the
purchased and whole or portions
of land of any tract as previouslyknown for the Governor-in-Council,if he thinks in The
estate, it shall be lawful fit, by order to be published

of the the
declare such
Gazette and Official and proprietors
some
other
newspaper
to
their
lands
be
subjectto
Colony, to provisions
or
of this Ordinance.
Power Coimcil declare to the
on to
20.
Govemor-inlands
purchased by
more
that any number of the persons interested, into ten have of persons exceedini^ agreements, purchased or entered verbal or written,for the purchase in community or in undivided shares
more
If at any time behalf of any one or
it is shown
to
the
Governor-in-Council, by
than in
ten to
of the whole
it shall be
or
of
portions
for
of
any
tract
of land
known if
as
an
estate,
persons
community be subject to provisions of
lawful
the
any
two
he
thinks whom of
fit,to
he may
direct the Registrarand
Justices
of the
Peace claims
to
the Ordinance.
select,to
receive, entertain, and
detei'mine
the
any all and
such the
missioners Commay
and further purchasers or intendingpurchasers, the this Ordinance conferred by upon powers
exercise
Justices
hereinbefore
mentioned
declare
to
; and
then, by
newspaper
Order of
to
be
publishedin
be
The
the
Colony,
purchasers and
Ordinance.
Definition of
sliares of land of for purposes the Ordinance.
their lands
other Gazette and some Official such purchaser;*or intending subject to the provisionsof this
2 1
.
For
estate
the
purposes
taken
of this Ordinance, the shares of land

to
in
each
have
such
shall be
be
those
lor
which
the
claimants
obtained
transports
allotted to the of provisions

Restriction nunilier land
common. on
those letters of decree, or allotted,or to be or thereof,under the respective proprietors or claimants
this Ordinance.
of 31st this
:
22.
No
greater number
the in
persons
of
purchasers of
in
shall, after excepteci)

any
common
landed
or
property
in
day of Colony
every
bodies twenty (corporate allowed to purchase May, 1852, be

than
as
joint
as same
tenants
or
tenants
more
in
community
as no
and
such
purchase
before may
than null
twenty
and
persons void, so that
aforesaid, except
transport of the
of the
same
by excepted,shall be be passed,nor any

of land
in any
part of the
Law
or
purchase money
be recovered
Court
of
otherwise.
A.D.
1851.]
WEIGHTS
AND
MEASURES.
[No.
2.
215
ORDINANCE
An Ordinance and Measures
for
No.
OF
1851.
a.d.
issi.
establishing Uniformity of Weights in this Colony.
ordinance
iVo. 17
0/1894,
[1stJanuary, 1851.]
;.""""",.
WHEREAS rei,a;n
Weights
and
by
"
an
Act late
of Parliament
passedin
the
the fifth year
of the
tituled chapter 74, inand establishing An Act for ascertaining Uniformityof that the other things, Measures," it was enacted, amongst of His
George Majority
Fourth,
line or distance between straight brass rod then studsinthestraight
the centres
of the two
points in
Yard
the
gold
of the Clerk of the House in the custody
of Commons,
were
whereon
the
words the
that
and
same
figures "Standard
was
1760"
to be
straightline or distance the between of the said two centres pointsin the said gold studs in the -two the the said brass rod, brass being at degrees temperature of sixty Fahrenheit's be and was therebydenominated by Thermometer, should the be, and was thereby Yard," and should Imperial Standard of extension, wheredeclared to be, the first or only standard measure of extension from or whereby all other measures whatsoever, whether the same should be be lineal,superficial, derived, computed, or solid, in and ascertained, and that all measures of length should be taken said standard the of certain or yard ; parts or multiples, proportions 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 poleor perch in length should contain five such yards and a half,the furlong two hundred and thousand such seven yards, and the mile one twenty and sixtysuch yards ; hundred And further enacted, it was whereas by the said Act of Parliament other the and after 1st "that from things, day of May, 1825, amongst the standard brass weight of one pound Troy weight,made in the year of Commons, 1758, then in the custody of the Clerk of the House should be, and the same the to declared original and be, was thereby of weight,and that such brass weight should genuine standard measure be and was the Imperial Standard Troy Pound," therebydenominated and should be, and the same was thereby declared to be, the unit or all other weights should of weight,from which only standard measure be derived, computed, and ascertained ; and that one-twelfth part of the said Troy pound should be an ounce one-twentieth and that 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 and hundred 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
the
same
"
engraved,should be and and genuine standard original called a yard ; and
thereby declared
of
the
tension ex-
of that
measure
length
or
lineal
"
part of
And
such
ounce
should
be
drachm
further enacted, it was by the said Act of Parliament after the 1st day of May, 1825, other things, that from and amongst the standard for dry goods, well for liquids as of capacity, measure as should be the gallon,containingten pounds Avoirdupois weight of whereas
216
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1851.
distilled water, of Fahrenheit's

and
as
weighed
should
in air, at the
temperature
barometer made
of
sixty-two degrees
at
Thermometer,
being
thirty inches
that
measure
be forthwith
aforesaid,under
of
more was
tlie direction His
of the
time
of brass, of such contents the or Lord High Treasurer of the

; and
Commissioners any should three

or
Majesty'sTreasury
for the declare"l
as
United
such
Kingdom,
brass
measure
or
of them
being
to
be and
thereby
be and
\\
be
the
"Imperial
to be the unit
measures
Standard
and
Gallon," and
standard
to
should
declared tliereby which
only
of
;
measure
fi'om of capacity,
as
all other
of capacity
all sorts
be
used,
for all
well
for
and wine, beer, ale, spirits, be be
Hquids as
and
that certain
dry
goods,should
should the said
derived, computed,
taken in
and
or
ascertained
or multiples,
measures
parts
of proportions
Imperial standard
quart should be the fourth part of such standard and of such standard should be one-eighth gallon,
should
such
gallon; gallon;
that
two
and and such

;
that the
the
pint
gallons
be
peck ;
a
bushels
And
whereas other
eightsuch gallons should be a other dry goods ; or quarter of corn it was by the said Act of Parliament
and
bushel
and eight
amongst
standard
and Treasurer said the
things, that
C("piesand
models
of
each
further enacted, of the said
yard, the
of such
pound, and the said standard gallon, the Lord High thereof as respectively multiples and of Biitain Ireland, or the Gieat of the United Kingdom
said standard
parts and
of
Majesty'sTreasury,or any three of them, for judge expedient, should, within three calendar and after the passing of that months next Act, be carefullymade the direction of the said Lord verified under 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 and oi. said and of the said standard the standard gallon, yard, pound, verified made and as to of parts and multiples forthwith be thereof,so
Comissioners His time should l)eing,
aforesaid
should, within
that
three
calendar
months
after the
passing of that
in the Office of the Act, be deposited

at
Chamberlains
as
Westminster, and
to
copiesthereof,verified
of
of the Exchequer should be aforesaid,
sent
the
Lord
Mayor
and
London,
other
and
the
Chief
Edinburgh
other
and
Dublin,
of such
cities and
Magistrates of and to such places,

or
places
from
and
the said Lord
High
in His persons Treasurer or
Majesty's dominions
the
elsewhere,
the
as
Commissioners
of
Treasury
for the
might
And
time
to time
direct ;
for the
whereas of the
good
and
it is necessary community that that

as
securityof
and
measures
commerce
and
uniform, and
Ireland, established Be advice
Short
the
standard
weights weights and

:
should introduced
be just and
Britain into
measures
of Great
hereinbefore
defined, should
be
and
throughout this Colony

enacted
it therefore and
consent
by
the Governor
of
of British
Guiana,
follows
:
"
with
the
of the Court
may
Policythereof,as
as
title.
1. This
Ordinance
be
cited
the
Weights
and
Measures
Ordinance, 1851.
Procuring and custody of
niodols and
2.
"
(1.) On
shall of
the
commencement
or cause
of
to
this be
of
Ordinance,
for the
the each
a
Receiver
of
General
Counties
Colony, expense and of length,weight, and measure, copy of each of the said standards Btandfirds of in the of each of the parts and mentioned thereof preamble multiples lenj^h, weight, shall of this Ordinance,which when and measure. models and copies, so purchased,
ropies of
at
the
purchase Colony
purchased,
the and
the
model
Impf-'rial
A.D.
be
1851.]
WEIGHTS
AND
MEASURES.
[No.
iu copies deposited said preamble, in of such of
2.
217
compared and verified Majesty's Excliequer,as

manner
as
with
the
models
in
and
Her such
at
mentioned upon
the
therein
mentioned, and
the such
payment
fees
as
are
present payal)le upon

measuies,
and c("mparison
verification
weights
and
with
the standards
set
thereof. and
(2.) One
arrival in
of
models be
copies so
the
compared,
Receiver of
this
Colony,
shall
placed hy
their upon General for

each be of the named
with a Commissary of Taxation custody and inspection said Counties, to be appointed by the Governor, and
to
shall for the County, and the same Inspectorof Weights and Measures reasonaltle nf)tice, be produced by such Commissar)ôf Taxation, upon time times at such or or place or places within the County as any or by writing under his or their hand or hands, persons may, person require, the person or persons requiringsuch production paying the reasonable charges of the same.
shall be computed and ascertained by the Computation measure superficial or yard, or by certain proportions of superliciul parts, multiples, of all lands shall be thereof : Provided always that the quantities at by the Rhynland measure computed and ascertained present in force in this Colony.
3. AH
said standard
4. From
sold
and
after shall
the commencement be
sold
of this
Ordinance,
all articles
Articles sold
to 1)e
by weight
by Avoirdupois weight, except
gold,
be
by A\ oirdupois wei'^lit,
with cei'taiii
silver,platina,diamonds, or other precious stones, which may sold by Troy weight, and drugs which, when sold by retail, may
sold
be
excejjtions.
by Apothecaries weight.
and
a
5. From
denominated shall consist
after the commencement

stone
of this consist
Ordinance, the weight

of fourteen standard
Stone, inmdred-
shall
in
all
cases
^^"olit,an
ton.
hundred -weight an ton a weight denominated 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, the sixteenth part of the pound weight. or
pounds Avoirdupois, and of eight such
the
weight
denominated the
stones, and
6.
"
(1.) Fi'om and after the

measure
commencement
as
capacity, Imperialstandard gallonmentioned and referred to in this Ordinance, and such Imperial standard gallon shall be, and is hereby declared to be, the unit and from of capacity^ only standard measure which all other measures to be used, as well for wine, beer, ale,spirits, and all sorts of liquids for dry goods, shall be derived, computed, as and ascertained of capacity all shall be taken in parts and measures ; of the said Imperialstandard certain proportions or or multiples gallon; and the quart shall be the fourth part of such standard and the gallon, of such standard pint shall be one-eighth gallon; and two such gallons shall be a peck ; and eight such gallonsshall be a bushel ; and eight such bushels shall be a quarter of corn other dry goods. or wine it may the common be necessary to convert (2.)Whenever six wine gallonsheretofore in use in this Colony into Imperial gallons, shall be held and be taken to be equal to five Imperial gallons, gallons and in the same proportionfor any greater or lesser quantity.
as
standard
of
well
for
Ordinance,the li(i|uids for dry goods,
of this
Measure
of
c-ipît-ity.
shall be the
7. All weights which

ment
may
be made
or
of this Ordinance
of the
weight of
one
imported after the commencepound Avoirdupoisor more
'Weights and
j^ "i^***^"
*"
^^
218
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1851.
shall have
or
the number
or on
of
pounds
or
contained
in every
cast
at
the top
of of this
side thereof,in
such weightstamped and letters ; legiblefigures
and
all
measures
capacitywhich
Ordinance
on
commencement
be made or may shall have their
imported
contents
after
the
nated, denomiin
stamped, or marked and letters. figures

Prohibition of
the
outside
of such
measures,
legible
8tamj)ing or using weights

made
or
8. For the purpose of soft materials, no
of lead
thereof,shall
contained
in thereof,
"
be
of preventingfrauds by the use of weights made weight made of lead or pewter, or of any mixture stamped or used : Provided always that nothing herein
use
pewter.
shall
prevent the
of lead
or
pewter,
or
of
any
mixture
tially weights,if they are wholly and substancased 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 fidenecessary for the purpose of adjusting thereon the stamp hereinafter mentioned. them, and of affixing Providingof
stamps for Inspectors,and
use
the manufacture
of
(1.)The Receiver Inspector of Weights and

9.
"
General
shall
Measures, at
or
the
provide for the use of each public expense, good and

and
measures
thereof.
sufficient stamps for the in each and to be used or

so
stamping
sealing weights
used
Schedule.
provided shall be they may be provided,and all weights and measures whatsoever, except for as hereinafter or excepted,which are used for buying and selling, of any tolls or duties,or for the making of any the collecting charges the conveyance of any goods or merchandise, shall be examined and on with of the of the standard one or more compared copies Imperial weights and measures provided under the authorityof this Ordinance, of comparison by such for the purpose who shall stamp, in Inspector, best to prevent fraud, such weights and measures, such manner as when and compared, if found examined with to the said so correspond copies. and stamping shall (2.)The fees for such examination, comparison, be accordingto the scale contained in the Schedule this Ordinance. to other than (3.)Every person who uses or measure weight any those authorised by this Ordinance, or some aliquotpart thereof as hereinbefore which has not been so stamped as aforesaid, or de^scribed, is found except as hereinafter excepted,or which lightor otherwise not on unjust,shall, being convicted,forfeit a sum exceedingtwentyfour dollars.
{4
measure
every County of the Colony, and such stamps taken to be the stamps of the County for which
) Any
or contract, bargain,
sale
made
by
any
such
weight
or
shall be
wholly null
such
and
void.
used, on so unjust weight and measure shall be seized, and, on Inspectoras aforesaid, of the person conviction feited, so using or possessinc the same, shall be forbroken and the proceeds thereof shall be paid to the up, and sold, Receiver General the Assistant or Receiver General for the publicuse of the Colony : Provided shall always that nothing herein contained extend to requireany single weight above fifty-six pounds to be inspected and stamped, such weight of fifty-six pounds being the greatest of the standard in the Exchequer : Provided, also, Imperial weights deposited that nothing herein contained shall extend wooden to require any or
(5.)Every
light or
being discovered
by
any
wicker
measure
or
used
in the
sale
of lime
or or
other
articles
of
the
like
nature,
as
any glass or earthenware containing the amount
jug
of
any
drinkingcup, though represented of any or Imperialmeasure,
220
No.
2.]
THE
LAWS
OF
BB
IT IS If GUIANA; be
in his
[A.D. 1851.
or
other
weighing machines
obstructs
or
which
may
otherwise like
Contracts,
to refer to standard etc..
hindei'S such
her possession, or or examination, shall be liable to a
penalty.
From and
after the
commencement
13.
any
of may be
this
Ordinance,
or
all
tracts, con-
sales,and bargains,
which dealings work

to to
be made
had
within
weights
measures,
and
part of the Colony for any

other
unless contraiy specified.
merchandise, or thing wares, where for,by weight or measure, no contrary, shall be deemed, taken, and construed accordingto the standard weights and measures
Ordinance
reference
or
done, or for any goods, sold,delivered, done, or agreed is made the to specialagreement
be
to
be
made
and
had this
ascertained
by
and
in all
cases
or
where
measure
to an}^
weight
agreement is made with any special established in this Colony,the ratio
proportions
which
every
or
such
measures or
weight
or
measure
bears
to
any
of
the said standard

in specified
weights
shall be
declared,and expressed,
agreement
shall
such agreement,
otherwise
such
be null
and Penalty on
void.
other person legally authorized to or Inspector, any or weight or stamps weight measure, '^"^ht"^ any any W d without a measure by comparison with Measures duly verifying the same for neglect of dutj'. copy of the Imperial Standard, or of any duty is guilty of a breach misconducts him self himimposed upon by this Ordinance, or otherwise
14.
In
case
any
examine
and
stamp
in the such
execution
of
his
offence,on
being
convicted
offender for every shall, office, every such not exceeding thereof, forfeit a sum
twenty-fourdollars.
Forgery of
weight
measure. or
15.
or or or
"
(1.) Every
to
procures assists mark
in
which
or
makes, forges,or counterfeits,or causes made, forged,or counterfeited,or knowingly acts the counterfeiting, stamp making, forging, or any is or be used for the stamping or marking of may
person who be
measure
any
weight
under
this
Ordinance,
forfeit
two
a
shall
sum
for
not
offence, on
dollars.
being
convicted
and
not
thereof,
every less
and
such
than
forty-eightdollars (2.)Every
to
exceeding
hundred
forty
person
who
or
sale mark
any
weight
sum
stamp
or
thereon
shall
not
thereof, forfeit a fortyeight dollars.

stamp
General
on Penaltj' lishing pubprice
poses utters, disposesof, or exknowingly sells, such with measure forged or counterfeit for every such off'ence, on being convicted and dollars not less than ten exceeding
(3.)Every weight
or
or
measure
with
such
forged
or
or
counterfeited
the
mark
shall be
broken forfeited,
up, and
sold,and
proceeds
Receiver
thereof shall be for the

From
or
paid to the Receiver General publicuse of the Colony.

after the
or
the Assistant
16.
person
and
commencement
of
person
persons
prints
print,
or
if the
clerk of any
this Ordinance, if any market other or
list,etc.,
denoting
greater
or or
less
weight
measure
than
Imperial weight
or
measure.
in which the price list,or price current referred denotes to or or measures quoted is denoted than less or or measure implied a or implies greater weight of the denomination Imperial weights and measures, by the same of this Ordinance, such person under and accordingto the provisions
makes, any return, person denomination of weights and
or
persons,
or
clerk
of the
market,
copy
shall of
forfeit and
every
pay
sum
not
exceeding five dollars for or price current, journal, publish.
every other
such
he
or
paper
which
price list, they publishesor

return,
A.D.
1851.]
WE
TOUTS
AND
MEASURES.
[No.
2.
221
1 7.
The of
Governor
may and
appoint
Measures
some
fit for each
and
proper Fiscal
person
to
be
an
Appointment
Inspector provisions Inspectors.
Weights
this
District,
and
to
the inspectors
of and
of
Ordinance
shall,
mutatis
mutandis,
apply
such
Wci;;hts
^^'''''''''^
1 8. be
All
penalties,
or
forfeitures,
of foi-
and and
seizures
under
in in
manner
this
Ordinance
and form
shall vided produre proce-
Procedure
and
appeal
complained by
before
any
infoiined
recovered
time in
Hee No. and
Ordinate 12 No.
IS
Oidimmce
the
being
the
force
regulating
of
of
1893,
13
Stipendiary
and
Magistrates
from the
exercise
their
of
summary
1898.
jurisdiction
appeals
decisions
of
Stipendiary
trates, Magis-
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
$
1. 2. 3. 4.
c.
Each Each Each Each
weight, weight
set
from under
half
a
hundred
to
a
weight pound
.
to
stone,
. .
both
included
.
0 0
20 12 32 48
stone
of
weights
machine
of
pound
and
and
under
. . . . .
0 0
weighing
steelyard
2.
their
For
examining,
comparing,
:
"
and
stamping
all
Wooden
Measures
within
respective
1. 2. 3. 4.
jurisdictions
bushel half bushel and all
Each Each Each Each
0 0
8 8 8 8
peck, yard
under
0 0
3.
For
examining,
made
:
"
comparing,
Copper
or
and other
stamping
Metal,
all
jMeasures their
of
Capacity
of
Liquids
of
within
respective
dictions juris-
1. 2. 3. 4. 6. 6.
Each Each Each Each Each Each Each
five-gallon
016 0 0 .016
. . . . . . . . .
four-gallon
three-gallon two-gallon gallon half-gallon quart,
and under
16 16
0 0 0
16 16 16
7.
222
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1851.
ORDINANCE
A.D.
1851.
No. authorize
OF
1851.
^N
Ordinance
to
the
Importation into
this
Books, being Foreign Reprints of Books first composed, written, printed, or publishedin the
Colony
of
United in which
Kingdom
there is
of Great
Britain and
Ireland,and
Copyright.
[17th December, 1851.]
holden
WHEREAS the
in
C. 45.
by
"
an
Act sixth Act
passed in
years
to
the
Session
Law shall
of Parliament
fifth and An
of the the it the
reign of Her
of
not
entitled
amend
present Majesty, Copyright," it is,

lawful
some
amongst
person, into
other
not
authorized
or
that things,enacted being the proprietorof by him, to import into any other part of the British
first
he
for
any
copyright,or
the
person
any
part of Dominions,
United
sale
or
Kingdom
hire,any
for
printedbook
^^M^''^
in any composed or written, or printedor published, part of the United Kingdom wherein there is copyright,and reprinted in any country or placewhatsoever out of the British Dominions : holden And whereas by an Act passed in the Session of Parliament in the eighth and ninth of the reign of Her present Majesty, years Possessions An of the British entitled Act to regulatethe Trade first composed, or the copyrightis subsisting, abroad," books wherein written, or printedin the United Kingdom, and printed or reprinted in any other country, are prohibitedto be imported into the absolutely
"
British And in the

^- ^^-
Possessions whereas tenth

"
abroad
an
by
to
Act
passed
law
in the Session
of Parliament
holden
in
and Act
eleventh
amend entitled
case
entitled Colonies
enacted in any and
An
years the
to
of the
reign of
to
Her the
present Majesty,
Protection
relating
the
of Works
that
British
in
the
Possession
the securing or protecting shall pass

an
Copyright in the United Kingdom," it is authorities or legislative Legislature proper shall be disposed to make due provisionfor rights of British authors in such possession,
make the
an
Act
same
or
Ordinance
for
to
that the
purpose,
and
shall transmit
State, in order
Her cient
Majesty
for the within
in manner proper it may be submitted to Her shall be of opinion that such Act that
the
Secretary of Majesty, and in case

or
Ordinance reasonable
Her
is suflTi-
purpose
such
securing it shall possession,

to
of
British be
authors for
tion protecshe
or
lawful
Majesty, if
Act
thinks
fit to do
so, to
and
thereupon
the
express to issue
her
an
royalapproval of
Order-in-Council
Act
or
such
ance, Ordinso
declaring that,
continue in
long
within
as
provisions of
such
Ordinance
force
Acts said
and
in the aforesaid contained Colony, the prohibitions in the contained hereinbefore and recited, any prohibitions such
letting out Acts, or in any other Acts against the importing, selling, of books to hire, exposing for sale or hire, or foreign reprints possessing United first composed, written, printed, the in Kingdom or published
and such
entitled to
copyrighttherein,shall
be
supersededso
far
as
regards
Colony ;
A.D.
And
1851.]
whereas
of
BOOKS
(FOREIGN
REPRINTS).
[No. 3.
223
Colony
contained
books
in the
expedient to permit the importation into this subjectto the restrictions prohibitedas aforesaid, inafter herelast aforesaid recited Act, and to the provisions
it is
so
:
contained
Be advice it therefore and This
consent
enacted
of the
by
the
Governor
of
Court
of
Policy thereof,as
as
British Guiana, with follows :

"
the
1.
Ordinance
maybe
1851.
cited
the
Books
(Foreign Reprints)
Short
title.
Importation Ordinance,
2.
lawful
nature
From
to
or
and

into
of this
and
Ordinance,
reviews the
same
it shall be
Legalizing of
import kind, and
this
Colony
books
all books
of whatsoever may
Britain be
o"'f*oreiln
reprintsof
^"tish and books reviews.
from
whatsoever
or
country
reviews first of
imported,being reprintsof
or publishedin printed,
composed, written,
Great and
the
United
Kingdom
Ireland 3. book
On
or
the
review
importationinto
as
this
Colony
of
every
nature
of reprint
or
aforesaid,of
whatsoever
kind
any the
such
same
Duty
on
foreign
jî^g^ :^^
Colony.
or the publishedin the United be, first composed, written, printed, may and protectedat the time of such importation by Kingdom aforesaid, the law of copyright, of the Imperial Parliament to enforce the Acts States from whether or foreign imported from the United any other General the Assistant or country, there shall be paid to the Receiver Receiver General ad valorem an duty on the bond fide price of such of twenty per cent. : Provided always that, before the reprint reprints
of
any
as
book
or
reviews
as
aforesaid is made
liable to shall have
such
ad
valorem
duty
review book duly regisor tered perial provisionsof the above-recited Act of the Imand sixth the in fifth Session holden Parliament in the passed to amend Act an present Majesty, entitled years of the reign of Her of Copyright : Provided, also, that,in order to provide a fund the Law of such for remunerating the officers who collect and keep the account out shall deducted and be ad valorem there retained, as aforesaid, duty five per cent, the of the duty so collected and paid as aforesaid, on be of such duty : Provided, also, that the said duty shall not amount from extracts other on or only periodicals containing paid newspapers
aforesaid,the
said
been
accordingto
the
"
"
such
books
or
reviews
as
aforesaid.
4, For the purpose
imported
declaration Customs
his known
as
or
reprint Mode of aforesaid,the by the yaluôiTfor subscribed before the in writing made and Comptroller of reprint. other proper officer receivingthe entry of such reprints, or agent, specifyingthe invoice price thereof, and that he
of
computing
value
the
duty payable on
shall
thereof
any be ascertained
value the thereof at the true verilybelieves such invoice price was and such invoice from said whence the was imported ; place reprint said the shall be the value of deemed to be reprint upon which price vided shall be charged and the duty imposed by this Ordinance paid : Proother that if it such to or Comptroller proper always appears the real and true officer that such reprint has been invoiced below the value thereof at the place from whence was same imported,or if be the invoice priceis not known, the said reprint shall in such case and examined appointed by two competent persons, to be nominated by such Comptroller or other proper officer; and such persons shall in of such reprint declare in writing what is the true and real value
224
No.
3.]
Colony
real
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
to
1851.
this
and
the of
value such
so
declared
and
shall upon
be
deemed the
be
the
true
and
value
reprint,
be
which
duty
by
this
Ordinance 5.
and
imposed
shall
of
charged
and whenever
paid.
he may be
Transmission of
returns
The
Comptroller
furnish
to
Customs,
or
required
for the
as
to
do
so,
duties collected.
shall
a
the
Governor
Lieutenant-Governor
books this shall
time
being
which
detailed
have and
amount
account
of
all
such into
and
reviews
aforesaid
amount
may levied the
been
imported
thereon,
duties
so
Colony,
transmit
at
with
the
once
the
same,
a
of
duty
with
paid
of of His
over
and
together
to
collected, Customs,
least
year
the
Commissioners
may reviews be
Majesty's
to
in
order
that of
the
such
said books
duty
or
duly paid
the
registered proprietors
i-espectively.
"
Prohibition
and of
6.
lawful
(1.)
for
After
the
commencement
to
of
or
this
or
Ordinance,
cause
it be
shall
not
be
or
puiiisliment
unlawful
any into
person this
import
for
bring,
sale,
or
to
imported
referred
importation
foreign
of
brought,
in this
to
Colony,
and intent
use,
hire,
to
any
reprint
to
trary con-
Oi'dinance,
the
or
hereby
and
made
liable
the
;
or
duty
in
aforesaid,
to
reprints.
true
meaning
let
to
hereof
or
knowingly
his
or
sell,
publish,
for
use,
expose
or
for
sale, or
any such
hire,
as
or
have
her
possession
and
sale,
hire,
such
reprint imported
let
aforesaid.
(2.) Every
reprint
for
brought
forfeited
of
into
this
to
Colony,
any of
sold, published, exposed
sale,
or
to
hire, contrary
and
the
any sale
provisions
Officer
of
this
Ordinance,
and
shall and Officer
be
seized of
by
the
same,
of
Customs be
to
sold,
to
one-half
of
the
proceeds seizing
the
thereof
the
or
shall half
paid
the which person
the
Customs
of
and book
other review
registered
such
so
proprietor
is made. shall the such
the
copyright
such
of
the
from
reprint
and
(3.) Every being

and
offending
pay of into
to
for
sum
every
of
offence,
on
convicted
the
causes
thereof,
value
to
forfeit every
twenty-four
which
or
dollars
or
double
or
of
copy
reprint
he
she
so
imports
for
be
imported
or
this
Colony,
or
knowingly
his
or
sells,
sion possesof
publishes,
Ordinance.
exposes
or
for
sale,
lets
to
hire,
true
has
in and
her
sale
hire, contrary
such
the
intent
meaning
and
this
(4.) Every
See No. and 1893.
sum
shall for
be
the
recovered
time
in
mode
in force
manner
Ordinances
12 No.
provided procedure
summary
of
by
0/1893
13
any before
Ordinance
being
in the the
regulating
of their
Stipendiary
and
Magistrates
from
exercise of
jurisdiction
appeals
decisions
Stipendiary
Magistrates.
Stamping
for of
7.
At
the
time
of be
the the
entry
of of
any the
reprint
to
of
any
of the
book
Customs
same,
or
review
or
as
rei)rint passed importation.
aforesaid,
proper purpose
it shall
on
duty
such
Comptroller
stamp
other which
officer
passing
be furnished
reprint,
with
for
he
shall
the
necessary
stamps.
A.D.
1852.]
INDUSTRIAL,
ETC.,
SCHOOLS.
[No.
1.
225
ORDINANCE
An Ordinance Industrial
No.
OF
1852.
to
provide
for
the
Establishment and and for
of the
a.d.
i852.
and
Keformatory
of
Schools
urdimnwen
Care-
and
Education
Destitute
Ibtn
Vagrant
looz.j
the advice
:
"
jJ^lfl^-^S
%'^\
,,"
Children.
March,
with
iVo. and
iso/isee
No.
s.
a 12
of
it enacted
by
the Governor of
of British
1904,
See
Guiana,
i,u:orporat"d.
also
and 1. This
consent
of the Court
Policy thereof, as
as
follows
and
Ordinance
may
be cited
the
Industrial
Reformatory
Ordinance No. I of 1879.

Short
title.
Schools
Ordinance, 1852.
it is otherwise
"

unless
"
expresslyprovided or
any
:
interpretation
"^ tenns.
the context Industrial established
otherwise
requires,
and
School
and
"
means
includes the
Industrial
School
conducted
School
"
by
means
Colony by
any the
"
Reformatory
School
and
includes
any
Reformatory
of
established
and
conducted
"
"
this
"
Stipendiary Magistrate Colony :

Month
"
means
Colony : Stipendiary Magistrate
means
calendar
month
be
one
Every appliedto
person, word
word
importing the
several
or
number singular and
persons, matters,
:
only shall things,as
extend
well
as
and
to
Every
thing and be shall extend the plural number appliedto one person, matter, or thing, as well as to several matters, or things: persons, gender only shall extend and Every word importing the masculine be applied to a female well as to a male. as
matter
importing
PART
General
I. Provisions.
of
3, On
and
of the all and
the commencement
movable and
both effects,
of this Ordinance, all the lands,buildings,Vesting books, and papers immovable, moneys,
au
,^^]heCiwvn
industrial
School.
be and
Orphan Asylum and School of Industry o; British Guiana, and singularthe corporate property of the said Institution, shall the same are hereby vested in His Majesty, for the support and
of
an
maintenance
Industrial
School
under
this Ordinance.
4.
"
(1.) The
to
Governor,
on
behalf of His
of the
Majesty, may
Industrial such
fit person Schools shall hold
be
Managing
under
Director this
established
office
Ordinance, and
a
appoint some Reformatory Managing Director

and
Appointment
^^ DirectM-f
(2.) The
officers and
Governor
salaries
during pleasure. also appoint may

as
ê""^
master, matron,
and such and officers, be incurred
master, and """^""'
servants
he
may wages
consider
of such
(3.) The
and
necessary. master, matron,

which may
servants, and all other in the due maintenance
charges
of
and
expenses
the
said
Industrial
and
Reformatory
ne
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D. 186S.
moneys
as
Schools
may from
shall respectively, time

to time
be
paid from and out provided for that purpose

be
of such
by
the
Combined
Court. Inspectionof
Schools.
5.
The
Industrial shall be
Ordinance Schools.
Reformatory Schools established under this visited and inspectedby the Inspector of regularly
and
Director the
Annual of
account
6.
of
The
Managing
or
shall lay before
the Governor
and
Court
and receipts
expenditure and report.
exact in each day of March year, an tory and Reformaand expenditureof the Industrial of the receipts account Schools as audited and approved by the Auditor General, and an then next of the sums estimate to be required during the likely year
Policy,on
before
first
ensuing, and
and
as
also
report of the
such
state
and
and
condition
of
the
Industrial
Reformatory Schools, in
the Governor
may shall be
form
containing such particulars
direct. the
Framing
of
7.
time
"
(1.)It
to
duty
of the
regulations.
frame
regulations for the

the
and
Managing Director followingpurposes, that Managing

m
from
time to
"
is to say, of
(a.)For
dischargeof his duties ; of the Industrial and For the and discipline (h.) management and Schools Reformatory respectively ; tion, instrucmoral and religious (c.)For the education, training, and and youthful apprenticeshipof the children and offenders sent to the Industrial Reformatory Schools respectively.
Schools
guidance of Reformatory
the
Director
the
trial Indus-
the
and shall be laid before the Governor (2.)All such regulations of Policy for approval, and, if approved, shall be published in Gazette The for general information, and shall be thereupon Official valid,and binding upon all persons concerned. legal, Court
PART Industrial
Children admissible Industrial School. into
II. Schools. lost

or
8. All
death
one
poor and destitute children,of both sexes, who have have been deserted by one both parents, 6r who or exceed
be
by
both
parents, and who do not idiots or lunatics, shall

School
children who any who may is most
on
the age
of fourteen
be
the both have
order of the
of
one
to eligible Managing
are
:
received
:
not are years, and Industrial in an
Director shall
Provided
be
whose
parents parent alive

of
one
dead
from
always that preferredto those

where more,
Provided, also,that
any
two
or
there
the
one
is
for selection necessity
child
needy
Justice
and
destitute shall be
the
preferred. coming
not
an
Power
to send child
9.
any of the
Any
of
Peace,
on
its
to
his
knowledge
the death
that
of
destitute
child under
to Industrial School. "See also
the age of twelve disabilities aforesaid, has

has
years and been left
labouring under
either
with
orphan by
both
parents, or
other
of such child
been
deserted
by
both
parents, shall associate
Ordinance
No.
a.
12
27.
him some 0/1903, condition

in
such person
Justice,and such two Justices shall inquireinto the child,and the condition of the person in whose session posbe, and if it appears to such Justices that the may
that such
and of such child is not entitled to such possession, possession such Justices and child is not properlyfed,clothed, educated,
225
No,
17 18
1.]
an
THE
LAWS
OF
BRITISH
GUIANA: order
him
[A.D.
to
1852.
sent to
No.
s.
of 1893,
to
Industrial School. When the he be

the
School, the Magistrate
19, and
may
be
No.
s.
0/1893,
to send
such
26.
1 6.
Power School child. refractory to Industrial
under
that child
the parent or step-parent or guardian of a child apparently age of fourteen years represents to a StipendiaryMagistrate
to
an
is unable
sent to
control
the
child School
and
that
he this
desires
that
the the
Industrial
on
under order
Ordinance,
be sent
to
Magistrate,if
with child
he
is satisfied this
inquiry that
may
it is him
expedient to
to
deal
an
under
Ordinance,
Industrial
School.
Order
Form
and
of
a
Detention
in
Industrial
School.
a
17.
The
order
School shall be
of
be
StipendiaryMagistrate sending
this in
child
"
co
an
of contents order sending child to Industrial School. First Form Schedvile No. 1.
:
Industrial detention
(in
Ordinance
referred shall
to
as
the
order
of
the
")
the
but
child
is to
Magistrate may
not
seem
in
attain
the The
age
case any of sixteen
the time specify in the School, being such detained time for the teachingand training of proper the extending beyond the time when
writing, and
for which
as
to
the
child,
child will
years.
shall
Effect
of order
18.
order of detention School

with the
be
and
forwarded
be
a
to
the
master warrant
of the
of detention.
Industrial
child,and
shall
sufficient there.
for
the conveyance
Evidence
order of detention. of
of the child thither

instrument
his detention
1 9.
Any
Industrial Clerk
School
purportingto
the to
be the
purporting to be an order of detention in an be signed by a StipendiaryMagistrate, or of such an order and to be certified as sach by a copy the order was made, StipendiaryMagistrateby whom
and
to
shall be evidence
of the order.
Instruction
of Subjects instruction Industrial School. in
in
an
Industrial
Industrial
School.
School
20. The
in and
boys admitted
trades
as
into
shall be instructed
of
and reading,writing, in all such
arithmetic,in
the
all such
branches
agriculture,
order, subjectto
into
an
Industrial
any School
Managing in that regulations

shall be
think proper to may admitted behalf ; and the girls and instructed in reading,writing,
Director all other
and arithmetic, in plain sewing, cooking,washing, scouring,

matters
of domestic
economy.
Management
Permission
child to
out
of Industrial
may and
School. dustrial Inhis
to
21. parent
master
were
The
Managing
under any in of
Director this
lodge
School
or
Ordinance
and
of
Industrial School.
trustworthy
teaches School the
permit any child sent to an to lodge at the dwelling of respectableperson, so that

the
so
the
of the
School
trains
child in the School that the

as
as
if he
lodging
to the
and itself,
manner
Managing
a
Director think under
reports
fit to
Governor,
in such
the
Governor
may
require, every (1.)The

at
instance
in which
he
exercises
discretion
this section.
Licence to child "^ Industeil School.
after six months
of the may, with the approval the months of six of period expiration any allotted to a child,by licence ^^ detention under his hand, permit him in the named to live with trustworthy and respectable person any licence and willing to receive,teach, train,and take charge of him.
22.
"
Managing
after
Director
Governor,
time
the
A.D.
1852.]
Any (2.)
INDUSTRIAL,
licence
so
ETC., SCHOOLS.
shall not be in force for
more
[No.
1.
229
granted
than
of those six months, but may, at any time before the expiration not exceedingsix months, to months, be renewed for a fm-ther period, of the previousperiodof six months, from the expiration commence six and until the period of detention of the child is from time to time so expired. (3.)Any such licence may also be revoked at any time by the Managing Director,by writing under his hand, with the approvalof the licence related the Governor, and thereupon the child to whom his mider to be required by him, by writing hand, to return may
the
School.
(4.)The
School
time
during which
of
a
child is absent
from
an
Industrial
shall, except where such licence has been forfeited by his misconduct, to be part of the time of be deemed of the time allowed his detention in the School,and, at the expiration
in pursuance licence he shall be taken back to the School. licence, the person from child with whom he is placed (5.)Any escaping under a hcence, or refusingto return the to the Industrial School on the revocation of his licence, of time allowed at the or expiration shall be deemed to have thereby, escapedfrom the School and shall be liable to the same penalty.
by
the
23.
The
Managing
on
Director
as
may,
at
any time
has
after
child has been himself

own
Power
child
to
placed out during his
licence
from
absence
aforesaid,if he the School, bind
conducted his
well
apprentice
placed out
on
him, with
consent,
licence.
until he shall complete the age of eighteen years apprentice to any that his periodof detention trade, calHng,or service,notwithstanding has not expired; and every such binding shall be valid and effectual to all intents.
24.
or
certificate purporting to be
of
was
an
signedby the Managing Director,

efi'ect that
the child
Evidence
as
to
by the master therein named

detained
in
or
Industrial
has
duly received
School,
or
School, to the t^^'J^^'"", into and is,at the signingthereot^. School,

been
the
therefrom,
25.
any
in
a
otherwise
disposedof Managing
School
duly discharged or accordingto law, shall be
removed evidence
of the matters No
therein stated. Director

who
nor
order of the
an
any
of
child in
or
Industrial
is born
Christian
by-law shall obligeProtection of

parents
to
of
rij^lits
conscience.
attend
be present at any mode contrary to the

or
service which be celebrated religious may of the parents of such religious principles the education
if known, child,
shall authorize
of any
child
in the
creed other than that parents in any religious professedby the parents or surviving parent of such child, and to which such survivingparent, or, in the event of the death of both or parents, the guardian, or godfather, godmother of such child,being
a
School
born
of Christian
Christian, : objects
child in
an
Provided
always
that
it shall
be
lawful the
for
any the
regular Minister
any
of the Christian
persuasion of religious
such times in
parents of
Industrial
School, at
the the the
day
as
to visit the School for Managing Director may appoint, assistance and also for to such child, affording religious such child in the principles of his religion instructing :
purpose purpose
of of
Provided, also,
that whenever
there
of
are
twenty
in
children
an
or
upwards
of any
particular
denomination
Christians
the
particulardenomination
Industrial School, a teacher of such of more shall be employed for the purpose
instruction religious of such
especially attendingto
VOL. I.
children, but
i6A
"30
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1S5S.
such teacher
instruction
to
may,
be made nevertheless,
useful in
imparting secular
the children in
general.
in Industrial the
of Children Apprenticeship
Inquiryas
to
School.
26.
of
an
Before
Industrial
any who
child
is bound
by apprentice
the
Managing
before two
Director Justices
propriety of binding cliUd to particular

pei-son.
such (School, shall
child shall be carried
of bindingsuch child propriety the person it may be proposed by the Managing to whom and such Justices shall particularly Director to biud such child, inquire such person resides or has his place of business and consider whether such child may within reasonable distance from the place to which a such the between of communication means belong,having regard to circumstances the make it in whether any fit, or judgment of places, be placed apprentice that such child shouid at a such Justices, greater of the
Peace, to appi'entice
inquire into
distance, and
in
or near
if the father
or
mother such
of such child
or
child may
is
livingand
and shall
resides
Justices
to the
placeto
which
such
belong,such
or
if they see stiall,
examine tic,
to
father
mother,
to
larly particuof the quire inand also
inquire
the
means
as
the distance
it may
of the be
residence
such
place of
such
busmess
person of
to
whom
communication circumstances
proposed therewith, and

and character and
to
bind
child
shall and
Justices person,
into the
on Justices,
of such
if such
such
examination
inquiry,think
such such person, is
it proper
that
such
shall
child should
be bound
sign the
and
of register
a
apprentice and apprenticeship,

that
as
an
such
Justices
shall be considered signing

a
shall be
declaration
such person
and
a
fit person such for
to whom
such
child may be properlybound Justices order of such be an

as apprentice
and apprentice,
warrant
siguing shall binding such child
aforesaid. shall be
all
Keeping of
of register
27.
"
of a thereof, register
;
apprentices.
First Scliedule Form No. 2.
contain the
to
kept at an Industrial School by the master No. 2 conbound tained out, in the Form apprentices shaU such register in the First Schedule to this Ordinance,and the number, date of apprenticeship, and age of the apprenname, tice,
There (1.)
name
and such the
names,
if
known,
the
of his
parent,the
and
act
name
whom
apprenticeis bound,
names
the trade
the
residence
of
of the person of such
person, and
the including
apprenticeship, being particulars shall be the act and articles of apprenticeship. in such register entered by (2.)A copy of such registerpurporting to be authenticated and aforesaid shall be evidence of such apprenticeship, such master as and Justices of shall be so received by all Courts, Judges,Magistrates, further without of and the Peace, withouc proof apprenticeship, any proofof the handwritingof such master.
of
parties to
; and
Justices
of
the
Peace
all such
J'uniishing
of copy of
,
28.
"
(1.)Every
with
a
furnished
as
taking an apprenticeas aforesaid shall be person such of registerauthenticated by such master copy
such
act
or
to register
master, and
aforesaid,and
of the
payment
of fee.
counterpart
less and the
shall be considered and copy articles of apprenticeship.

to
held
to
be the of not
(2.)Such
tiianten
no
person
shall pay
the Keceiver
use
General
of the unless
sum
dollars,to be appliedto the

be valid copy
ur
Industrial
School,
shall apprenticeship
or
an
bmuiiig
register, 29.
"
authentic
so
that thereof,
such
fee has
it appears been
by paid.
IMiitual of obligations
master
(1.)Every
name
and
sign his
person in the column
taking an apprenticeas aforesaid shall of the register appropriatedto the same,
apprentice.
A.D.
and
1852.]
INDTJSTRTAL,
HITC,
SCHOOLS.
[No. 1.
231
and obliged to provide bound thereupon such person shall become of the continuance the such apprentife during with apprentice"ihip medical and all sufficient clothing, attendance, meat, drink, lodging,
other
necessaries.
of (2.) By the signature of the Managing Director in the column shall become the the to the apprentice register appropriated same, and obligedto serve his master bound during the whole term faithfully that time he shall be bound all the i n said and register, specified during of his master, to obey all his lawful and obliged to keep the secrets nor see damage commands, not to do any damage to his master any notice of the same done the but shall or same give by others, prevent
to
his
master,
not
to not
waste to
the
goods
any
of his
nor
master
nor
lend
them
unlawfullyto
nor
any,
commit
fornication
contract
to
play at cards, dice,tables,or

may to
other unlawful
his master
have absent
as
a
or
sustain from
shops,not
master
himself
haunt any loss,not to his master's service
game taverns
matrimony, whereby
or
grog
by day
or
by night
his
but unlawfully, in all
faithful
to apprentice
behave
himself
towards
things.
the last three
(3.)A printed at given off as

30.
the If
copy of this and the foot of each
authenticated
preceding sections shall be when copy of the register
aforesaid.
any
to
apprentice under
of
his
this Ordinance
runs
away
from Justice
or
Apprehension
leaves the service Peace
master, it shall be lawful
the Police to any grant a warrant, directed Force or constable,to arrest such apprenticeand bring him before him, the said Justice,or any other Justice of the Peace, to be dealt with
for any officer of
of
^îna" ây
accordingto
31
.
law.
for
any
It shall be lawful
Justice, on
any
complaint
person
or on
application Misusage of
behalf of
of
by
any
any apprentice under this Ordinance, or by any such apprentice,touching or concerning any
misusage, refusal
medical attendance, or other necessarv, or meat, drink, clothing, lodging, ill-treatment of or toward such apprentice, or other cruelty, by his master,
to
summon
such
at
a
master
to
appear into
before such
in such
Justice
and
some
other
Justice
two
reasonable
time to be named the matter
Justices
shall examine
to
such summons ; and and of such complaint ; on
proof thereof
if service
may of convict
their satisfaction
summons
the the
is
offender
for
is present or not, (whether the master the said Justices proved upon oath), in such offence a penalty not every
sale of his and to be levied by distress dollars, exceedingtwenty-five of the hand of either warrant said under the Justices, and to goods by and such shall be appliedto the use of the Industrial Justices School, warrant from s uch or discharge by apprentice, apprenticeship moreover,
certificate under shall be
their
hands, for which
warrant
or
certificate
no
fee
paid.
On
ni-behaviour of
master oath by any or application complaint made upon ill-behaviour miscarriage, or touching concerningany misdemeanour, 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 confinement in solitary to any by commitment prison,there to remain for a reasonable time, not exceeding fourteen days.
or
32.
apprentice.
33.
"
(1.)If
any
absents apprentice
himself
from
his master's
service time
Liabilityof absenting
before the term
of his
he shall, at has expired, apprenticeship
any
232
No.
to term of
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
serve
1852.
himseK double service.
whenever thereaftpr,
two
he
maybe
on
found, be compelled to
he have
so
his master
days for every unless such service,

may have
day
he
which
makes
may satisfaction from
absented
for
so
himself
the from his
from
to his master
loss
he
sustained
as
by
any
his absence
his
service,and
leave of
term
time
to
time,
often
as
such
without apprentice, the
of
master,
absents
himself
from
his service before

such
his
apprenticeship
as
has been
fulfilled,
case
(2.)In
or
any
apprentice refuses
to
to
serve
hereby
master
quired, re-
to make
such
satisfaction Justice seal the
his master,
the
such
who
may
a
complain, upon
warrant
oath,
to any
of for
Peace,
shall issue
what
under
shall be
his hand
made
and
a]iprehendingsuch
determine
apprentice,
faction satisin
case
and
such
Justice,on
hearing
to not
complaint, may
such
master
by
such
apprentice,and
such
apprenticedoes
to
such
to
commit for
ing such satisfaction accordgive securityto make determination, it shall and may be lawful for such Justice in solitary to prison,there to remain such apprentice ment confinetime
rot
any
exceedingfourteen days. apprenticehas

as
Effect
of
34.
Where
to
misconduc master.
any any
such
been
discharged
and of
from virtue
person
aforesaid,under
the misconduct Director person,
by
his prenticesh apof this
Ordinance, in consequence
not
of
such
master, it shall
School
to
be lawful
any child other
for
the
Managing
such
contract to any
of
and
an
Industrial
bind
of any
apprenticeto
School child
be and
and apprenticeship, of such
of such
whatever
person
every kind purporting to
indenture, articles
bind void.
shall
be null and
Insolvencyof
master.
35.
When
a
any
as
or
aforesaid is
is declared
bankrnpt
adjudged
as
a
insolvency shall
of the
inure
apprentice to any person who insolvent,such bankruptcy or complete discharge from apprenticeship
an an
who apprentice, to any
shall
thereupon
for the
be
Managing Director term. original

Death master. of
other person
bound out by unexpired periodof
the
the
36. be lawful
"
widow
by
any
three months after the death of any master, it shall for any two ation made Justices of the Peace, on applic by the of such master, or by any son brother or or sister, or daughter, executor or administrator,of such master, or of his estate and
with a'ssign,
serve as
(1.)Within
to effects,
the
an
consent
of
the
to
Managing
one
Director, such
so persons lived with
apprentice to
such
application making and having been part of the family of such master at the time of his for and death) as the said Justices may, in their discretion,think fit, in such articles of apprenduring the residue of the term mentioned ticeship the person obtainingsuch order shall declare his acceptance ; and his name of such apprentice by subscribing to such order. and after the making of the order,the executors and (2.)From
as
apprentice any aforesaid (such person
of such
having
administrators, and
so
dying
as
the personal assets, estate, and effects of the master aforesaid shall be released and discharged of and from any
on or
whatsoever promise, covenant, or obligation his executors to be done or administrators,

such
First Form Schedule No. 3.
:
the
part of
such and
master,
performed ;
shall be
shall be obtainingthe same apprentice. (3.)Such assignment shall No.

3 contained
no
taken
to
be and
form
the son perthe master of
be in the the First
or
to
the
to
effect set forth this Ordinance

or
:
in the Form
in
Schedule
Provided
alwaysthat
such
assignment
shall be valid
good
in law
A.D.
until
1852.]
the
same
INDUSTRIAL,
has been exhibited
ETC.,
to
SCHOOLS.
[No.
1.
233
the
been
by countersigned
All and and
him, and
recorded
in the
and has Managing Director of the School. register
37.
made
directed
singularthe regulationsand the death to take place on

taken
to relate to to
provisionshereinbefore
of the
event
Death
of
original master
of
^^rtX'"*
of
shall be deemed
any
and
the
like
the
death
subsequent master,
and
time
his several
to
relations often
as
and the
representatives
may
or
before enumerated, from
time, as
case
happen
during the continuance apprenticeship.

38.
months
to
of the term
mentioned
in any
act
articles of
In
case
no
such
is application
made
as
aforesaid
in
case
within
three fit
Case
of
no
next
after
the death
whom
any
such
of any such master, or aforesaid is made as application

be the
act
such Justice
liot
'''P||''^'' ,,^j,
^f master, etc.
does
think
that such
should apprenticeship
continued, then the

or
covenants
shall be determined, and therein contained

may
shall
be
apprenticeship articles of apprenticeship and the Managing at an end, and

some
said
Director
of the expiration
apprenticeout the term. original
child to
other
person
until the
Nothing herein contained shall extend or be construed to extend Restriction of be living with and make to any apprentice, except such only as may apprentice such of be in the actual employment original Uving with part of the family,or may appointed under and by virtue of family. master, or of any subsequent master at the time of the bankruptcy, of this Ordinance the several provisions such master. death of any or insolvency,
39.
of aforesaid,during the term as 40. In case any master administrator executor or or as aforesaid, apprenticeship any refuses such master or during such three months as aforesaid, and provide for any such apprenticeaccording to to maintain
of Justice
on
any such of any the

any
Failure
master
of to
maintain
neglects apprentice.
visions pro-
this
Ordinance,
Peace,
on
it shall
and
may
be
lawful
for
such
of the
complaint of
under his
such
his
behalf,by
sums
warrant
hand,
to
apprenticeor of any person levy,by distress and sale

or
of the
sum or
personalestate
and
effects of such
master
such
executor, such
and and
for the maintenance be necessary of money as may and shall be over and such sum of such apprentice, sums clothing above any and of the
"
independent of any fine or penalty that of this Ordinance. provisions
may
be levied under
Assignment of as (1.)It shall be lawful for any master of any such apprentice apprentice. Director the and with of Managing aforesaid, by and with the consent such Justices to assign the approbation of two aforesaid, apprentice as for the residue of who is willing to take such apprentice to any person and such articles mentioned in of apprenticeship the term the ment assign;
41.
may
be
in the
form
or
to
the
effect mpntioned
in the
Form
No.
First Form
Schedule No. 2.
contained the
may
to
in the First
case
Schedule such
(2.)In such apprentice of

time
as
to this Ordinance. apprenticeshall be deemed master to
and such
and
so
taken
from any
to
be
such
subsequent
and be
whom
assignment
time for
be made, to all intents

often
as
purposes necessary any such
whatsoever,
or
it may
to
convenient
such
Justices two apprentice ; and in the several and authority, shall have of the Peace the like power last mentioned, with cases respect as well to the subsequent master bound if to the apprentice, such as as apprentice had been originally
subsequent master
part with
to such
master.
234
No.
1.]
(3.)Such and sulDJect
Where
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1852.
last-mentioned
master
be
liable to the several
shall respectively, apprentice, and provisions, regulations penalties,

and
of this Ordinance.
Eights of apprentice on being
42.
him
may
order
his
any the
apprenticeis discharged,the
person and
sum
Justices
to
discharging
up
to
who
was
his master
deliver
such
discharged.
apprentice
Industrial
clothes
any
School the such

uses
wearing apparel,and also to pay to the to be dollars, not exceeding twenty-five

or
appliedto
as
of the said School

may
seem
for the benefit of such also

to
to
Justices
meet, and
case
in dollars, exceeding twenty-five
such
on
such
so
clothes and
the
wearing apparel; and,
tice, apprennot any sum refuses to deliver up master his refusal to pay the sums pay Justices
ordered, or
same
either of
levy
such
Power to
them, or any part thereof,such by distress, together with the reasonable
shall of
expenses
distress.
To
43.
of prevent the expectation
discharge being
an
inducement
in all cases where any the part of an punish to ill-behaviour on apprentice, charged apprentice disand virtue of this under is Justices, by by apprentice discharged any for account of any misdemeanour, his apprenticeship, on ill-behaviour. Ordinance, from
lawful there
miscarriage,or ill-b""haviour on the part of such for such Justices, to commit by warrant,
to
it apprentice, such
shall be
offender to
not
remain
in
confinement solitary
for any
time
prison, exceeding
fourteen
days.
(1.)If any by virtue
of business
to whom person of this Ordinance
Case
of master
44.
under child
"
any
removes
child
the
is bound his
same
apprentice
or
removing his
residence.
and
residence
was
lishment estabsuch
from
the
place
where
when
ten
was
bound such
of
such apprentice,
to
Director
removal, give a written the Industrial School, who

two
person notice
at shall,
least
to
thereof
cause
shall
such
days previous the Managing apprenticeto
appear
before
Justices
of the
Peace.
(2.)Such Justices shall inquire whether it may be fit and proper in the service of such person, or should continue that such apprentice other to any be discharged therefrom, or be bound or assigned over tor, of the Managing Direcwith the consent shall and thereupon, person, with such of such apprentice order either for the continuance make for the of such for the discharge or binding or or apprentice, person,
other person, as assigning of such apprentice to some shall also require the person meet, and, if they see fit, removal
to to them
so
may
seem
pay
the
amount
of the
to
expense
of
giving notice of binding such or assigning
approved by the said Justices. person, apprenticeto any bound be so such whom or The to apprenticemay (3.) person and the be to shall rules, same r egulations provisions, subject assigned have been such apprentice may to whom the person as obligations bound. originally and takes any as aforesaid, removes (4.)In case any such master fully wilsuch order or without aforesaid, other to as place apprentice any such without such and leaves abandons giving apprentice any he shall forfeit a sum not notice exceeding twenty-five as aforesaid, such to be paid to the Receiver dollars for every such apprentice, sum
other
be
General
for the
It
uses
of
the
Industrial for any
School.
Penalty
master
on
45.
shall not
be
lawful
master
to
put
away
or
transfer
to
putting
transferring
aforesaid to any other person, or in any way as apprentice any without dischargeor dismiss from his service any such apprentice,
such
the
236
No.
1.]
The
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1852.
in pursuance
Authorityfor
detention School. in
49.
of which
possessionof
the warrant
to
or
a
other document
Reformatory
offender is sent youthful
Reformatory
School.
School
shall be
sufficient authorityfor his detention
in such
of Youthful Offendersin Reformatory Apprenticeship

Power to
School.
50.
at
All
offenders youthful
thirteen
in
apprentice
youthful
offender School. in
the
from
to
of age time to time
years, and under be made
Reformatory School who have arrived as subjectto such regulations may be apprenticed this Ordinance, may
or or calling,
or
Eeformatorj'
carryingon any trade any person the to servants proprietor of any

domestic
not
as
labourers cattle
or
farm
or
servants
exceeding five (1.)No

and such
as plantation for householder, period respectable any any that is to the followingrestrictions, years, under
farm,
to
say,"
youthful offender who has a parent livingin the Colony of imprisonment for of penal servitude sentence or of a first conviction, be apprenticedfor felony shall,in the case of such parent ; but such more' than one year without the consent
not
under
apprenticeship may
; and (2.)No such
be renewed
from
year
to
year
with
such the
sent con-
offender youthful
shall be
apprenticed beyond
age
of
eighteenyears.
Conditional Pardon
of Youthful Offender.
Power send
to
or
51.
the Governor
to
youthto
When a youthfuloffender has been sentenced to imprisonment tion condion penal servitude and has been pardoned by the Governor of his
fiiloffender
going
the
a
to
Reformatory
School
on
him, if under
School for
age
the Reformatory School, the Governor of sixteen years, to be sent to the

not
may than
direct
five
Reformatory
be
conditional
periodof
less than
two
pardon.
such offender years ; and thereupon of this Ordinance all the provisions
to
years shall be
as
and
not
more
deemed had
to
if he
been
subject to tenced senoriginally
detention
in the
Reformatory
School.
PART Miscellaneous
IV.
Provisions, in
Expenses of Children
Liabilityof parent, if able
to conti ibute to maintenance of child.
School.
52.
The
or
dustrial parent of any child or youthful offender detained in an Incontribute if of sufficient ability, Reformatory School shall,
to
a
his maintenance week.
and
therein training
sum
not
one exceediiig
dollar
Making
order
of of
for
53.
On
the
complaint of
the master
or
of such
an
Industrial under
the
or
Reformatory
of the
payment
School,
master
contribution.
of any or police oflicer directions which (with
coustable
directions
evei-y
at
policeofficer and
constable
is
First Schedule Form Form Form Second Schedule Form No.
: :
: :
No. No. No.
4
5
6.
time during the detention of a to on summons Magistrate School, any Stipendiary may, the child, and into his abilityto maintain the parent, examine may, to the master make order on him for the payment an if he thinks fit, dollar a week, as not one of such exceeding his weekly sum, or agent
hereby requiredto comply)

in such
any
child
to
him
may
seem
reasonable,during the whole
or
any
part of the time
A.D.
1862.J
INDUSTRIAL,
ETC.,
SCHOOLS.
in the
[No. 1.
Industrial
or
237
Form Form No. No. 4 5.
for which
the child is liable to be detained

the
case
matory Refor-
School, as
54,
further
may may may such
be.
is to
Every such order be made, or

order
; and
specifythe
direct order
the may
time be
during
to
which be
the
ment payuntil
Terms
of
payment
made
order, and
enforcement
every
enforced
by
sufficient any
manner and, Magistrate in a summary by distress, hard distress,by imprisonment, with or without not exceeding three months. term
diary thereof. Stipenany in default of First Schedule

labour, for
Fonn Form Second Schedule Form Form No. No.
;
'
No. No.
7 8.
Every such payment shall go in relief of the charges on the and Treasury in respectof Industrial Reformatory Schools, and shall be accounted for by the master and paid over to the Receiver General of every within seven month. days after the expiration
55. 56.
The Governor
may
so
6: 7
Appropriation
of
payments.
to
in his discretion
remit, either wholly or
par-
Power remit
tially, any
57.
such order
payment
ordered.
payment.
from time to time Any StipendiaryMagistrate may Power to vary any of payment, on the application either of the person on whom âry order the order was of the Industrial or Reformatory l'"y"^*=^''made, or of the master School, as the case may be, or his agent, on fourteen days'notice being such person or given to the master respectively.
of
Discharge of
58. No
in person
a
Children
from
School. of sixteen
years
who
has
attained
the age
shall be
in in
Cesser child
of
on
detained
an
Industrial
Reformatory School, nor shall any person his School beyond that age except with
be detained
own
detention 16 years.
attaining
consent
writing.
time child at any order any or youthful may discharged from an Industrial or Reformatory School, either absolutely such condition as the Governor or on may approve, and such child or youthful offender shall be dischargedaccordingly. offender
to
59.
The
Governor
Power Governor to order
to the
be
discharge of
child
or
ful youth-
oflender.
Offences relating to
60.
If any
Schools.
youthful offender detained in an Industrial or Refusal of child youthful refuses or neglects to conform to the rules wilfully oflender to he thereof, before a StipendiaryMagistrate, conform shall, on being convicted to be liable to imprisonment,with rules. without hard or labour, for any term not exceeding three months, and, if a male, with without or whipping ; and, at the expirationof the term of his imprisonment,he shall be he was tained brought back to the School from which taken, there to be deof his period of detention during a periodequal to so much as remained unexpired at the time of his being sent to prison.
or
child
Reformatory
School
or
tained youthfuloffender ordered or sentenced to be deEscaping from School. School he or therefrom, Reformatory escapes time at the of before of his be detention, expiration period may, any thinks apprehended without warrant, and, if the Managing Director fit but not otherwise, may (any law to the contrary notwithstanding) be then brought before a Stipendiary upon, Magistrate, and he shall therebefore such Magistrate, be liable to imprisonon being convicted ment, with or without hard labour, for any term not exceeding three months, and, if a male, with or without whipping; and at the any
or
61.
If
child
in
an
Industrial
238
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1852.
of such term to the School he shall be brought back from expiration which he escaped,there to be detained during a period equal to so much of his period of detention remained as unexpired at the time of his escaping: Provided the of a child escaping in case always that, from an Industrial School, the StipendiaryMagistrate may direct him of his of to be sent, at the matory term to expiration imprisonment, a Reforand this School, to be there detained to subject according Ordinance.
Punishment
of person
62,
Every
person
who
"
assistingchUd or youthful
offender escape to from
child or (1.)Knowingly assists, either directlyor indirectly, any youthful offender detained in an Industrial or Reformatory School
escape (2.)Either
to to
from
the
School School
or
School.
or directly
induces indirectly
;
or
any
such
child
or
offender
escape
from
the
(3.)Knowingly harbours, conceals,or prevents from School any such child or youthful offender who
the
has
returningto the escaped from
School,
being convicted before a StipendiaryMagistrate,be liable to dollars, penalty not exceeding ninety-six or, at the discretion of the to imprisonment,with or without hard labour, for any term Magistrate, not exceeding four months.
shall, on
a
Procedure.
Use
of Forms.
63.
into
No
summons,
notice,or order made

this Ordinance
Schedules.
effect the
of provisions and
to
for the purpose of carrying shall be invalidated for want Schedules

in the
to
of form
or
only ;
forms
the forms the such

like
contained
in the
this
ance, Ordin-
effect, may
as
be
used
matters
to which
they refer,with
when
Service of
notice
on
variations
circumstances
may
and, require,
so
used, shall
Service
be deemed
sufficient. be
made
64.
master
of notice Industrial
may
or
as
of
to
an
Managing
Director master.
or
Reformatory
the
case
notice the
either of
them,
or
notice
or
by post
master
otherwise
in
Managing Director or by deliveryof the or be, personally, by sending may letter addressed to the Managing
on
the
School
Director
Effect
warrant
of the School.
of
as
65.
of
The
a
of which
or productionof the warrant youthful offender is directed

a
other document
to
in
a
pursuance
be
or
sent
to
Reformatory
thereto, purporting
evidence
identity, conviction,
and deiention of
School, with
to be
statement
endorsed
the
master
thereon of
annexed
signedby
offender
youthful
offender.
therein named was duly otherwise in, the School, or has been signing thereof, detained in all proceedingsrelatingto such dealt with according to law, shall, and conviction of the due and offender,be evidence of the identity, in the warrant other or subsequent detention, of the person named the document.
the School, to the effect that the received into, and is,at the date of
Evidence
of
66.
such
copy
of
rules.
purportingto
rules
be
in all
of an Industrial or Reformatory School, signedby the Managing Director, shall be evidence of legalprocedingswhatever.
rules
the
Particulars conviction where
of
whipping
ordered.
under this Ordinance, the 67. Whenever whipping may be awarded the number in the conviction of StipendiaryMagistrateshall specify with which and the instrument strokes, not exceedingtwenty-five, they
shall be inflicted.
A.D.
68.
and
1852.]
Any
and
one
INDUSTRIAL,
ETC.,
SCHOOLS.
[No. i.
all the the
Exercise
239
Stipendiary Magistrate shall granted to two Justices jurisdiction

of this
to
have of all
by thority, power, auStipendiary Peace by any Magistrate of

powers of two
every
part
Ordinance,
and
may
do
things provided by
this Ordinance
bo done
the
by
two
Justices.
Justices.
for Procedure and provisionsof this Ordinance, the Ordinances trates appeal. regulating procedure Vjefore StipendiaryMagisSee Ordinances and in the exercise of their summary jurisdiction appeals from No. 12 .;/ 1893. of the decisions Stipendiary Magistrates shall apply to all offences, and No. 13 payments, convictions, and orders in respect of which power, authority, of 1893. Justices of the Peace to a is given to a Justice and jurisdiction or or : Provided always that no StipendiaryMagistrate by this Ordinance under section 17 shall be subjectto appeal. order of detention made
69.
the
time
Subject to being in
force
70.
persons shall be
All
Justices
of the
and
constables,and Peace, policeofficers,
other
Protection
of
acting under
by
entitled to all the
of this Ordinance provisions and advantages of the protection, benefits, virtue of the
person acting under the Ordinance No. 2 of 1850.
Justices Protection
Ordinance, 1850.
Miscellaneous.
71.
It shall be
of
to
lawful
for
the
Governor-in-Council of
to
declare
of
s.
any
Power
declare of
to
portion
Guiana,
the be
a
Orphan Asylum and School Reformatory School for Girls.
Industry
British
portion Orphan
(15 of 1899,
4.)
Asylum to be Reformatory
School for
girls. SCHEDULES.
THE Forms
relating
Section
63.
FIRST
to
SCHEDULE.
Industrial No.
I.
Schools. Section 17. School.
Form Order
sending Child
to Industrial
British
Be it
Guiana.
rememt)ered that
pursuance
1 day of Reformatory Schools Ordinance, 1852, I, for the said Colony, do order that a Stipendiary Magistrate of the said of section being a child subject to the provisions
on
the
in
of the Industrial
and
Ordin-
ance,
be sent
to the
Industrial
School
situated
at 1
and
that he be
detained
there until the
day
of
(Signed.)
Form
No.
2.
Section 27.
Register of Apprentices,
240
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1852.
Sections and 41.
36
Form
No.
3.
Register of Apprentices Assigned.
CO
+3
-13
to
"0
rj
"
"
a
3
'A
OS
03
"1
2;
Section
53.
Form
No.
4.
Complaint for enforcing Contribution

British The Guiana.
from
Parent,
etc.
complaint of the Master

the
case
of the
to
me
Industrial the
School
situated
at
[or
for
as
may
made be']
the
said
years, or Industrial and
Colony, who says that one detained in the said Industrial thereabouts, is now and Schools Eeformatory Ordinance, 1852, and has
to 1
undersigned, a Stipendiary Magistrate of A. B., of the age

School been under the
duly
of
ordered
directed
be
detained and sufficient

son
therein that
one
until
the
in
day
the Parish of
C. B., dwelling is the contribute
in the A. said
County
said
C.
of
B., and
D.
is of A. may
abilityto
;
of the
B., his
be
and
to
of the said parent [or step-parent, etc.'] maintenance to the support and therefore the said complainant that the prays show
cause
summoned
why
of
an
order
should
not
be
made
against him
Exhibited
to contribute
accordingly. day
1
.
before
me
this
(Signed.)
Stipendiary Magistrate.
Section
53.
Form Summons British To Guiana. C.

to
No.
5.
Parent,
etc.
D., of
before you you,
me
complaint has this day been made Magistrate for the said Colony, for that This is therefore to command : of complaint] be and appear on day, the
Whereas
"
the
undersigned, a
shortly
the
pendiary Sti-
state \_here
matter to at
,
in
His
Majesty's
such
name, 1
day of
before the said
o'clock
in the then be
noon
at to
answer
Stipendiary
and
to
Magistrate
further Dated dealt
as
may with
there,
law. of
complaint,
be
according to day
this
(Signed.)
A.D.
1852.]
INDUSTRIAL,
ETC.,
SCHOOLS.
[No.
1.
241
Form Order British Be Guiana. that certain

on on
No.
6.
Section
53.
Parent, etc., to contribute
Weekly Sum.
it rememTDered
a
this of the Master for he'],

in
day
that the
one
of
"
1
,
at
complaint
the
now case
of the A. said
Industrial
B.
School of
situated the
at
[or O.I
or
may
of the age has heen of
years Industrial and

1
thereahouts and that

to he
one
is
detained Schools therein
Industrial
School
under
Reformatory
detained
C.
Ordinance,
1852, and
duly
ordered
directed
;
until the
day
in the County dwelling in the Parish of 1)., is of of the said A. B., and is the parent [_or of step-parent, etc.'] maintenance of the said A. B. to the support and sufficient ability to contribute gistrate the undersigned, a Stipendiary Mahis son, was duly heard by and before me and for the said Colony, in the presence hearing of the said C. D., [or and the said
C D. not
appearing
duly
an
to
the
summons
behalf];
to the
and
I, having
of all the
examined
into of the
the
duly issued of the ability

do order
sum
and said
served
C.
in and
to
this
on
L.
consideration
circumstances
case,
the of of
said
C. B.
pay
Slid Master from

same
[or to
to
agent
at the
of the said
Master], the
each
per
1
week the
,
the date be
of this
order, until the
day
fourteen
paid
expiration of
days [or
as
the
east
may
be], (Signed.)
Form Distress British

To
No.
7.
in
Section Arrear.
54.
Warrant
for Amount
Guiana.
all
Members
on
of the Police Force
and
Constables.
Whereas School
the
at
or
hearing
of
situated
complaint made the case as [_or

is
now
by
the
Master A.
of the
B.
Industrial age of under
the
years and Industrial and

; and
thereabouts
detained
may in the
that be],
of the
School
said Industrial 1852, and

has of
Reformatory
to C.
Schools therein
Ordinance,
until the
been
duly
ordered
1
directed that
one
be
detained
day
of sufficient his the

son,
is the
ability
an
to
was a
order
undersigned,
to pay to
in the County D., dwelling in the Parish of of the said A. B., and is of j'arent [or step-parent,etc.] of the said A. B., maintenance contribute to the support and 1 the made on by me day of Stipendiary Magistrate for the said Colony, against the said
,
C. D.
the
said
Master
[or
as
the
case
may
be] the
fourteen
sum
of of
as
per
1
week the
,
from
same
the date
to be
of the said
paid
at
the
order, until the expiration of each
day
days [or
of default
to
the
case
may
be];
And
whereas
there of
is due
periods being for [three]

made and and therein of every chattels of the for the space you, in His said
such
the said order the sum upon of [fourteen]days each, and
has
been
you
fourteen
days
"
This
is therefore
to
command
Majesty's name,
forthwith
make
distress of the
goods
the space of [Jive]days next after C. D., and if,within together with the distress,the said last-mentioned sum, to sell reasonable charges of taking and keeping the distress,is not paid, then chattels so by you the goods and distrained,and to pay the money arising from Clerk that he may sale to my as such apply the same by law directed, pay and to the demand if no said C. D. ; and render the and on overplus, if any, may the same to me, to the end that such be found, then to certify distress can such the
making
of
proceedings may
Dated this
be had
therein of
as
the law
requires.
1
,
day
at
(Signed.)
242
No.
l.J
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1852.
Section
54.
Form Commitment British

To in
No.
8.
default of Distress.
and Constables and
to
Guiana.
all
at
on
Members
of
the
Police
Force
the
Keeper of
the
the
Prison
Whereas School
the
at
hearing
or
of
complaint made
by
may
the in
Master A.
of
Industrial
the age
situate the
[or as
thereabouts, is and Reformatory
to be
one now
the
case
that be'] the
B., of
and
of
under
years Industrial and

1
,
detained Schools therein
said
Industrial has
School been of
Ordinance,
until
the
1852,
of
duly
in the of the
ordered
dii-octed and sufficient

son,
,
detained is the
the Parish
day
the
that
dwelling in C.I).,
parent
made contribute
was
County
said
of
order the
of [_or step-parent, etc.]

to
on a
said
A.B., and
is of
ability to
an me
the
the
support and
maintenance
A.B., his
1
day
for
may
of
by
said
undersigned,
to
said the the each
Colony, againstthe
sum
C. D.
of
per
pay to the from week

1
,
StipendiaryMagistrate said Master [or as the ease

the date
to be
the
be]
until
of the
said
order
fourteen
day of days [or day of

and
the
same
paid
at the
expiration of
on
as
the
case
may
be];
them
And
a
whereas
warrant
afterwards
to ail Members
the of the
Police
sum
Force
Constables due the
1,1 commanding
upon
may the
issued
of
fourteen the This Prison with said
days [or as
C B.
;
case
And
whereas that
no
StipendiaryMagistrate,
is therefore to
and of them to levy the every order, being for three periods of be] by distress and sale of the goods and chattels of this day been has made the said return to me, a sufficient goods of the said C. I), can be found : said recited
"
command
you,
the
said
Members
C.
of him the
the
Police
Force
and
to the
Constables, and
at
every
of you, to take the said and there to deliver And I into your
and i".,
to
safely convey
him
this
precept
the said and
to receive him and
C. B.
hereby command you, the custody in the said

the term of of distress and And
Keeper thereof,together said Keeper of the said Prison, Prison there to imprison and
unless the said sum, and of commitment
sum so
[and keep him

all costs C. B.
for to hard lahour] charges of the said

to the
the for
conveying
shall be
of the said
are sooner
said
Prison, amounting
said
to the
further your
your
paid unto you, sufficient warrant.

this
the
Keeper
doing,
this
Dated
day
of
1
,
at
(Signed.)
THE
Forms
SECOND
to
SCHEDULE. Reformatory No.

1.
Relating
Schools.
Section
47.
Form
Conviction, British Be
Guiaka.
that of
on
it remembered in the
the
day
A.
of
1
,
at
County
B., being under
wit, of the age of [thirteen] years, is convicted in usual manner] ; Stipendiary Magistrate for the said Colony, for that [state offence 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 from for the period of years, commencing
to
the age of sixteen years, before the undersigned, a me
and
after the date Dated this
hereof
day
of
1
,
at
(Signed.)
Stipendiary Magistrate,
244
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1852
Section
53.
Form Order British Be in the Guiana. that

on
No.
5.
on
Parent, etc., to contribute
Weekly/ Sum.
it remembered
this
a
day
certain
-1
,
at
County
of
at
or
complaint of the Master

the
case
of the
one,
Eeforma-
tory School
age of under the ordered and
that
situated
years
[or as
may
for be'\
that
A. B., of the
Industrial directed C. B.,
and
detained in the said Reformatory School thereabouts, is now Ordinance, 1852, and has been duly Reformatory Schools detained
in
and
one
to be
therein Parish
until of
the
in
day
the
of
1
,
dwelling
the
County
of
of the said A. B., and is of sufficient ability parent [or step-parent, etc.'] to the of the said A. B., his son, was duly support and maintenance heard the imdersigned, a Stipendiary Magistrate for the said by and before me and hearing of the said C. JJ. [or the said C. D. not appearing Colony, in the presence to the summons duly issued and served in this behalf]; and I, having duly examined is the
to contribute
into
the
abilityof
do order the
sum
the
said said
C.
0. D. D.
and
to pay
on
consideration the said from Master the
of all the
circumstances
of said the
each
the case,
the of
[or to
date
at
an
agent of
order
the
Master]
fourteen Dated
per
1
,
week the
same
of this the
until
day of days [or as

this
to be
paid
expirationof
the
case
may
be].
1
,
day
of
at
(Signed.)
Section
54
Form
No.
6. in Arrear.
Distress
British
To
Warrant
for Amount
and
Guiana.
all
Members
on
of the Police
Force
Constables,
of the Reformatory by the Master A. B., of the age of School under the detained in the said Reformatory or thereabouts, is now years Industrial and Reformatory Schools Ordinance, 1852, and has been duly ordered and directed and to be detained 1 therein until the day of that one is the C. J).,dwelling in the Parish of in the County of of the said A. B., and is of sufficient ability to contribute parent [or step-parent, etc.] to the support and made maintenance of the said A. B., his son, an order was the on 1 day of by me the undersigned, a Stipendiary Magistrate for the said Colony, against the said C. It. to [or as the case pay to the said Master the
at
Whereas
hearing
of
complaint made
the
case
School
situated
[or as
may
be] that
may
be] the
sum
of
1
per
,
week the
same
from
the to be
date
of the said
at the
order
until
the each
fourteen
the
sum
day days [or as

of
paid
expiration of
the
case
may
being for
been and made therein every of you chattels of the
in
the said order is due upon there whereas be'] ; And days each, and [three]periods of [fourteen']
space
default command of the

next
has
for the His
of fourteen
days
"
This
to
is therefore
to
you
Majesty's name,
forthwith
make
distress
of [Jiv(^days said C. D., and within the space goods and if, the said last-mentioned making of such distress, together with sum, the reasonable charges of taking and keeping the said distress, is not paid, then to sell the goods and chattels so by you arising from distrained,and to pay the money such sale to my Clerk that he may and law and the directed, as by same apply pay render the overplus, if such distress to the said C. D. ; and if no may any, on demand be found, then to certify same can to the end that such to me, proceedings may be had therein as the law requires.
after the
Dated
this
day
of
1
,
at
(Signed.)
A.D.
1852.]
DEMERAKA
RAILWAY
COMPANY.
[No.
2.
245
Form Commitment British Guiana.

in
No.
7.
Section
54.
Default of Distress.
and Constables
and to
Tu all Members Prison at Whereas School

on
of
the in
Police Force the

a
the
Keeper of the
County of complaint made by the Master

of the
the at
or
hearing of
Reformatory
situated
years
[or as
now
the
case
is thereabouts,
detained
that A. B., of the age of be'\ may in the said Reformatory School under
the Industrial and

1
has been duly ordered directed to be detained therein until the day of C. D., dwelling in the Parish of and that one in the County of , is the parent [orstep-parent, of the said A. B., and is of sufficient etc.']
and
Reformatory Schools Ordinance, 1852, and
to ability
contribute made
on
to the
support and maintenance

of
1
of the said A.
,
B., his
son,
an
order
was
the
by
me
the
undersigned,a
Stijjendiary Magistrate for the said Colony,against the said C. D., to pay to the said Master [oran the case may of from the date of be] the sum per week the said oi-der until the 1 the same to be paid day of at the expirationof each fourteen days [oras the case wards, be]; And whereas aftermay
,
the on of the said Police Force the And

sum
day of
1,1
issued
warrant
to all Members
of
return
[foiD'teen] days each, by

whereas that
no a
and Constables commanding them and every of them to levy the said recited order,being for [three] due upon periodsof distress and sale of the goods and chattels of the said C. D. ;
to
can
has
This is therefore to of the Police Force and Constables,and every of you, the said Members to convey to the Prison at you, to take the said 0. D. and him safely in the County of and there to deliver him to the Keeper thereof,
:
"
sufficient
this day been made goods of the said C. D.
me,
the said
be found
command
said
together with this precept ; And I do hereby command you, the said keeper of the and there Prison, to receive the said G. D. into your custody in the said Prison, 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 Prison,amounting to the
further your so Dated
sum
of
are
sooner
paid unto
1
you, the said

at
,
Keeper ;
And
for
doing,this
this
shall be your sufficient warrant. day of
(Signed.)
StipendaryMagistrate.
OKDINANCE
An
No.
OF
1852.
Ordinance Shares
in
for
the
convertinginto
Demerara
Stock
the
existinga.d.
i852.
*
Railway Company, and for empowering the said Company to raise Money.
[18thSeptember,1852.]
WHEREAS
Demerara and
of the Indenture Deed of Settlement or by an date the 18th Railway Company, bearing day of certain confirmed September, 1845, modifications) (with by with the Demerara incorporated Railway Company's Ordinance, and
j^q 2 of 1846.
1846,
made
between
Charles
Cave,
of
Threadneedle
Street, in the
City of London, Esquke, Michael M'Chlery, of Finsbury Circus,in the and others,of the first part, the several County of Middlesex, Esquire, whose seals are other persons and names by themselves, or their to a or or respective agents, thereunto, duplicatethereof, attorneys
subscribed Indenture of No.
and and
affixed in the schedule of the second duplicate
written
under
or
affixed to such
3, Chester
Street, Grosvenor
Esquire, and
VOL. I.
Alexander
George
MacGregor, Place, in the County of Middlesex, Milne, of No. 10, George Yard,
part, and 17a.
Alexander
246
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1852.
Lombard
and
Street,in the City of London, Esquire,of

said
the
No.
1 of 1849.
sum Company was pounds divided into ten thousand shares each of the of twenty five pounds ; amount And whereas Railway Company's Ordinance, 1849, by the Demerara the that it was, other enacted capitalof the said things, amongst thousand hundred and be should one pounds seventy-five Company and hundred and of two thousand instead of the sum pounds, fifty thousand of one and seventy-five hundred that the said capital pounds of into shares should be divided thousand ten seventeen pounds each ten shillings ;
of the capital
declared
to be
the
of two
third part, the hundred
thousand fifty
And the
whereas of
Colony
in pursuance of Ordinance No. 9 of the British Guiana, the sum of fifty thousand advanced of the such said
year
1850
of
has and
pounds
the
manner
been
the
lent and
by
sum
the
said with
;
Colony
to
the
said
Company,
in
repayment
whereas
to ;
intei'est is secured
by prescribed
And insufficient
to
Ordinance
loan of
the
said the
enable
said
thousand fifty pounds Company to complete its
has
been
found
line of
Railway
Mahaica And
pany, a special meeting of the shareholders of the said Comon City of London Friday the 27th day of February, passed,that is to say : 1852, resolutions in the followingterms were That in order to raise the funds required for the completion of the stock and for supplying the "necessary rolling line to Mahaica, and of loan the directors be authorized other necessaries, to raise,by way of eight thousand or by the creation of preference stock, the sum of the existing Ordinances of the pounds which, under the powers borrow that the Company asmuch inColonial is empowered to ; Legislature, of about further as a sum twenty-two thousand pounds will be requiredto meet the emergencies of the Company, and to complete the in working condition, the directors Hne to Mahaica, and put the same authorized that deem in such be to raise manner as sum they may and be rized authothat further the most advantageous to Company ; they Colonial for authority to raise the to apply to the Legislature stock ; by the creation of additional preference requiredamount its the sum which is now, under And whereas the said Company authorized borrow in thousand three to is, fact, eight existing powers, and and thirty-three hundred pounds six shillings eight pence, being the said when of thousand added to such a sum sum pounds so fifty as, amounts to onethe said borrowed as aforesaid, by Company already third of the capital of the said Company ; And it is expedient to convert consolidate all the ten whereas or the shares now in the said Company into of thousand existing Capital stock a : generalcapital whereas
at
held in the
"
Be
it therefore
consent
enacted
by
the Governor
of
of British
Guiana, with
follows
:
"
the
advice and 1
"
of the Court
Policy thereof,as
as
Short
title.
^his
Ordinance
1852.
may
be
cited
the
Demerara
Railway
pany's Com-
Oidinance,
Conversion of
Railway Company existingcapitalof the said Demerara of ten thousand shares, of seventeen pounds ten shillings consisting into a general consolidated and each, shall be and is hereby converted Kiiilway"'^'^'^'^'^ according to their reCompany into stock, to be divided amongst the shaioholders
2. The
.xistlnu'capital
^q,^
generalstock,
interests gpectivo
in such
and capital,
such consohdated
stock
shall
b"
A.D.
1852.]
DEMERARA
RAILWAY
COMPANY.
said
as near
[No.
Ordinances be
2.
247
subjectto
Indenture
in
the provisionscontained
or
in the far
as
recited
same
and
Deed
manner
of
Settlement, so
in all
the
may
ap|)licable,
if the
version con-
the
same or
respects,
made Deed
said
or
as
may
be, as
consolidation
hereby
had
taken
place under
the
visions pro-
of
the said Indenture

be lawful of
of Settlement.
3.
order raise it is
It
or
shall
resolution
any
now
thousand
in
Company, without any further Power to the general meeting of the said Company, to j^""o^""".j any which not sum or sums exceeding,together with the sum by bond of thirty mortgage, authorized borrow to aforesaid, the sum as pounds, either by bond or mortgage, according to the provisions
for the
'
or
of the said Indenture that

or
or
Deed
ot Settlement
as
altered
or
fied modiN"^ of 1846
behalf
by
one, to
or
the said Demerara and
ahce, 1846,
or
by
the
or as
creation
partlyin
manner
some
Railway Company's Ordinof additional stock of the said Company, partlyin another,of the said modes, and
so
in such
the
sums
mode
Company
or
of
the
sum
otherwise, and
rate
or
at
such
rate ten
to the said payment or advance raised,whether by instalment of interest or dividend, not exceeding
of
to
be
the
time
of
seven
pounds
or
respective times
of
shillings per cent, advancing such sum

as
per
or
annum
from
as
the be
suras
may
raised
stock
by
of
bond
and
mortgage
such
aforesaid,as
sum or
the any
said
Company
determine,
to convert
sums,
or
part
may thereof, into
the
said
which
Company
by
thereof, and
conversion
as
additional other
and stock
aforesaid, shall
the
stock
as regulations
such
additional
the
stock
preferenceover thereof principal

4.
any
all other
augmentation of the capital way stock, whether by originalcreation or and be subjectto the same provisions of the said Company, except that all and holders thereof shall have priority the regards of the said Company as
of
or
and
the of
or
dividends
interest
or
to
accrue
thereon.
to
For
the purpose
or
paying off
bonds stock
sums
every
any
sum
be
raised
interest
by
or
Power
to the
bond
mortgage,
such
sum
or or
afterwards dividend
on
converted
into
or
mortgages, as not, togetherwith

to
whether aforesaid, the
âise^raone
not
exceeding
for
of "511,000 times respective certain such and and of also for the purpose ing extinguishredeeming payment, purposes. all or any additional stock to be orginally created as aforesaid by of such stock at par, togetherwith the dividend paying off the amount and also to to the computed up day of such redemption as aforesaid, the of the ensure Mahaica, it shall be completing the line to Village lawful for the said Company, with the consent of a generalmeeting of for that convened the proprietorsof the said Company to be specially in to and and aforesaid, manner raise, by the ways means purpose, thousand of fifty not exceeding the sum or sums pounds,and any sum to apply and dispose full with of the same (in case accordingly, power to aforesaid) is sum as raised bond or sums or or are mortgage any by stock convert aforesaid, the same as into thereof or any preferential part up the time
or
and
or
also to pay stock
off and
redeem
any line
such of
as
last-mentioned
or
or respectively, or
them
any
to
or
bonds, mortgages, part thereof, and the

also for the
interest of
dividends
of
thereon
the raise the
and aforesaid, of
purposes
with the
the
consent
completion aforesaid,to
from
proper. time
Railway
sum
Mahaica
sums
and
for that
necessaiy
and
so
to
time
as
the
directors
purpose, of the said Company may
think
5. It shall
sura
be lawful
for the said Company bond

or
to
or
pay
oft'every
or
or
any
as
Paying off
^
to
be raised
by
any
mortgage,
bonds
mortgages,
248
No.
or
2.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1852.
not, together
to
by
bond
aforesaid,whether
with
afterwards
or
converted
on
into
or
stock
sums
or
mortgage.
the
interest
dividend
such
; and
sum
respectivetimes
all additional
of
such
to be
payment
also to
as
up redeem
the time
or
and
extinguish
every
at
or
stock
created originally
off the up
to
and aforesaid, of such of such stock
portion thereof,by paying any together with the dividend computed

at
or or
amount
par,
the
day
any such the
time
or
times
after
the such
so
expirationof
sum or sums
as
respective periodswhen
stock may
or
five years have may

case
redemption, from the period

been
so
raised
have
bond
been
created,
or
the
may
be, on
or
giving
or
to
party
of such
respectiveparties who
or
holders
stock
common
mortgage months' six calendar respectively,

seal of the said
may bonds
be
or
the
legalholder
of
notice
in
mortgages, writing, under

of the
such the
Company,
of the intention
said
Company
said
in that
Confirmation
behalf.
powers, of
6.
All
matters, provisions,
and
are
and
things contained
or
in the
except as of altered,
Ordinances and Deed of Settlement.
before in part recited Ordinances
Indenture
Deed
and
of Settlement,
to all effect,
except such
or
them,
if any,
as
by
this Ordinance in full force
altered, repealed,
otherwise and
provided for,shall
remain
intents
thingswere
Construction
the Ordinance of
if the as same matters, and provisions, purposes, powers, and re-enacted. hereby and herein I'epeated Ordinance shall be with incorporated and all the the Demerara
7.
This
Railway
Ordinance therewith
No. 2 of 1846.
provisionsof this Company's Ordinance, 1846, shall form of the said and shall be construed Ordinance, part
as
forming
one
Ordinance.
ORDINANCE
A.D.
1853.
No.
OF
1853.
An
Ordinance Relations
of
for
-;" "
Ordinances
No. and 1894 27 No.
s.
of
13 3
1893
of
the Rights,Duties, and regulating and Servants. Employers [22nd January, 1853.]
(25)
incorporated.
See No.
s.
also Ordinance
10
WHEREAS
vessels and should
as
it is of
expedient that
and
the
hirings of
on
servants
bandly, in hus-
sailors
boatmen
be
employed
board
Colonial
and
of
1893
boats, of
more more :
menial
servants, and
craftsmen, handiof artificers, that
38.
labourers
for the for the
should
and regulated, properly
provision
be made with
and aforesaid,
of such persons easy recovery of the wages of all determination nected disputesconready
their hirinss enacted
Be advice
Short title.
it therefore and
consent
by
the
Govenor
of
of British
Guiana,
follows
:
"
with
the
of the Court
PoHcy thereof,as
as
1. This
Ordinance
may
be
cited
the
Employers
and
Servants
Ordinance, 185.3.
Interpretation
of terms.
2. Within
the
meaning
and
for the purposes
of this Ordinance,
"
(1.)All
and
masters, mistresses,foremen, attorneys, agents, managers,

or superintending persons engaged in the hiring, employing, ser\T[ce of any of this the meaning within or servant
other
the labour Ordinance
shall be and
or
be deemed
to
be
"
employers
"
(2.)Any
money
or
other
a
given as
livered, thing paid, or contracted to be paid, defor remuneration or reward, recompense, any
A.D.
1853.]
labour
certain
or
EMPLOYERS
AND
SERVANTS. be
or
[No.
whether
or
1.
249
other
or
service
to
a
done
or
to
done,
for
to
a
within
an
time
certain
amount,
and
time
for
amount
uncertain,
servant
sliall be
deemed
taken
be
the
"wages"
whatever direct
other
of any
aforesaid ;
on or
or (3.)Any agreement, understanding, arrangement
the
direct, in-
subjectof
to
are
wages, which
are
whether
any
written and
or
oral, whether
any servant
or
employer
persons
or parties,
assenting,or by
be deemed
;
an
which
to
they are
be
a
"
mutually bound
"
to each contract
other shall be and shall

mean
contract
and
every
indenture
(4.)Every labourer or mechanic other plantation, shall be and

"
employed
be deemed
upon
to
any
sugar,
"
or coffee,
be
servant
in
bandry hus-
(5.)All
labourers,persons
other
handicraftsmen, husbandry, mechanics, artificers, wise, vessels, or boats,or otheremployed in droghers, and all household other domestic servants, laundresses, or or to be comprised within the term servants, shall be deemed
servants
in
"servant
"
(6.)
"
Defendant"
also
"
means
offender
"
and
"
offender
"
also
means
"defendant";
(7.)"Indenture"
tured
"
means
"
means
not
in contract any bound by any contract
writing,and in writing
"
uninden-
"
(8.)Wherever
number
in
this the
Ordinance
is used
occurs, any
pluralnumber
be considered
term importing the singular any shall be deemed included ;
(9.)Where
female
term
which
the signifies and

taken
to
male
gender, the
;
gender shall
be
or
included
more
and
(10.)Where one matter or subjectis shall be considered and or subjects provided it is

the
sense
treated
included
of,two
and
in
matters
intended,
order
to
necessary
to
to
put such
construction
render
clear,or
of this is
for
or
there
give full and complete effect to any of the provisions Ordinance, unless it is otherwise specially provided something in the subjector context repugnant to such
construction.
3. If any
tracts
person any
described
to
in
serve
the
preamble
for
a
to
this Ordinance
con-
Penalty
on
with
manner
other
service
employer whatsoever, and

to
him
time into
certain,or
or commence
in
does
not
enter
any his
^^rvant
contract,
for
according
of two of
and
signedby
or
such contract, such contract being either in writing verbal and made in the prethe contracting or parties, sence
ci-edible witnesses,or,
under
having entered
into
such
service
in
the same is in writing or pursuance any contract, whether not in writing,absents himself fi'om his service, or refuses to fulfil the
same
before the term

is for
a
of his contract
certain
or
has
been
contract
time
work
certain, or
completed,whether such under the provisions
as
hereinafter in that behalf contained, except for some reasonable cause hereinafter provided, is guiltyof any fraud or or or tion deceppractises which he is bound in the performance of any work to perform,
on off'ender, being convicted thereof,shall be punished by a fine exceedingtwenty-four dollars or by imprisonment not exceeding thirtydays.
such
not
4. If any
such person
as
aforesaid, by negligenceor
or
other
improper
of his
Penalty on
.,
,
endangers, damages property ^^^Jj""* away, employer,or endangers such property by a careless or improper use of damaging" or fire, maims, wounds, or cruelly ill-uses any cattlo or other property of his wilfully
throws conduct, loses,
the
employer,etc.
250
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1853.
his
care,
belonging to his employer or entrusted to suffers or occasions to be maimed, wounded, negligence

live stock
or by cruellyillsuch victed offender, on being conused any such cattle or live stock, every fine not exceeding twenty-four thereof, shall be punished by a dollars or by imprisonment not exceeding thirtydays. or
Penalty on
servant
5. If any
or
for wilful
such person as aforesaid is guiltyof any such person, ill-behaviour in such service,
forfeit and pay any
sum
other
on
wilful
conduct mis-
being convicted
dollars.
other
misconduct. Power abate to wages

on
thereof,shall
6. The
determined
not
exceeding ten
any fine
Justice may,
by
and
before
to
whom
such any
same
complaint is
or
heard due
and
and such the

son per-
in addition
of servant conviction.
any
or
imprisonment
the wages
before hereinto to
abate directed, person of the use

as
the whole
direct such
to
part of
to
and aforesaid,
the
be
retained
shall
by
of any
employer of
person
and,
in the event
such
to
being sentenced
during such
Penalty on employer illusing servant.
imprisonment,no imprisonment.
wages
accrue
him
employer ill-uses any person, or does not deliver to any which for and by the conti'act of service stipulated person any the furnished the to be to servant, or if the articles so are by employer such of the furnished not are stipulated quantity or quality, every forfeit and of such convicted offence, employer shall, on being any costs the reasonable such not including dollars, exceeding fifty sum, pay fit. Justices of such servant, as to the convicting seem may
7. If any
articles
Duration
of of
or one
8.
"
(1.)In
to
the absence
the
contract,
and mode termination thereof.
thereto
employ
month
to
of
any certain
the parof any agreement between ties express service the into of the entering person contrary, any for and taken shall be deemed to be a contract one from
a
the
time month
of
month and
a
be deemed
month
lunar
in the
cases.
entering on such service, such labourers of agricultural case
calendar
in all other
of shall be terminated by mutual consent (2.)Every such contract sequent subfirst the of the parties, or or by either party, at the expiration any month on days' previousnotice to the other giving fourteen of a credible witness, or for any party in writing or in the presence sufficient hereinafter pi'ovided. cause as good and
Penalty on
employer wrongfully terminating
contract for service for time uncertain.
9.
servant
If
entered into with employer terminates any contract any for service for a time uncertain,except with the consent
or
any of for
such
some
servant,
by giving
sufficient
use
cause
fourteen
as
days'notice
a sum
as
aforesaid, or
shall
good
pay,
and
such aforesaid,
employer
to
one
forfeit wages, tween and be-
and
to the
of
the of
servant,
equal
have
has
month's fixed
so
according to the rate the parties, or,

such
as sum
wages
which
may
been
by
if the rate
or
of wages
not
been
fixed, then
as
the
Justice
Justices may
consider
to the
fair and
reasonable,
servant
and
for
month's of due
to
and
to
the
nature
wages, regard being had the duties contracted to the

servant
at
class of the
be
performed,in addition
of such
tlie wages
the
time
of the termination
contract.
Penalty on
employer wrongfully terminating
contract for
time certain.
employer,having engaged any servant for service for any certain or for the performance of any work, particular the completion before such servant or dismisses, discharges puts away, of his contract, such employer, unless ho is able' to prove reasonable
10.
period of
If any time
and
use
sufficient
cause
for
putting
sum,
away
such
to servant, shall forfeit,
the
the
of the servant,such
not
as dollars, exceeding twenty-four
252
No.
1.]
"
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1853.
the aforesaid,
cease
Ejectionof
retabiing
of possession tenement
notice to
jg^
(1.Âfter
of any
such
applicationto
hereinbefore
such
Justice
as
(Jccupancy
determine
,1
"
after
ciuit.
upon of such proprietor authorized

111
three
person clear
mentioned
to
or
shall
and
days'notice
or
quit being given by the
tenement
premises,
by
any
person
by
him
duly
thereto.
(2.)In
said
tenement
the
or
event
of
lawful
for any
premises Justice,and
and
or
overholding possession of the person any of such notice,it shall be after expiration
he is
hereby
authorized
and
complaint made
any
or
policeofficer
thereof given, to issue his warrant such constable of the district in which
proof
on required, directing
tenement
premisesmay and to eject any

of any person
be
situated
to
enter
:
person
therefrom
recover
proceeding to
of the possession Provided always that in the possessionof such tenement

and
take
same,
event
or
premises as aforesaid, otherwise pointed out by this Ordinance, complaint made, to the payment
dollars.
Right of
servant to enter reap crops in and
case specified
than
he shall
a
in
the
mode
and
manner
be
of
fine not
subject and liable,on exceeding twenty-four
growing
on
provision grounds.
pation employer grants to any servant the use and occusuch of land for the provisions, sion permisgrowth any such and unless shall be in writing, to be valid permission in that to the employer shall be at liberty writing contains a stipulation of the land determine the grant at any time and to resume possession without the servant being entitled to the growing crops, every servant there may be granted the use and to whom occupationof any land in
17.
Whenever
any
of
pieceof
the
manner
and
in the three the
for the purpose
aforesaid
four
at shall,
six o'clock
morning
months
and
o'clock in the
any hour afternoon

to
between
of in every such crops
day, within
have service,
on
after his
quitting
and
or
ceasing
be
rightof enteringupon
reaping the growing purview of Colony but

this
the
said land. Where

in
a
Validation contract service into the

out
of of
18.
contract
of service within
out
the this
ance Ordin-
entered of
Colony.
by any person of service shall be valid and Colony, such contract and under and of this of Ordinance the to binding, subject provisions service other Ordinance in contracts of to to or relating any any way in connexion with the breach thereof,in the same manner proceedings if it had been entered into in this Colony. as
this
is entered
into
of
is to be performed
Use
as
of contract evidence
in
19.
contract
entered
into
as
mentioned
in
the
last
preceding
as
or section, any endorsement primd facie proof of any
thereon, shall be
matter
or
admissible contained
or
in evidence therein in
thing
any
to proceedingrelating
or
such affecting shall
contract
endorsement.
from
out-
of Application the Ordinance

to servants
20.
aide
This
Ordinance
at
apply
of
to
servants
introduced
the
introduced from the outside
excluded
Colony by any
the
law
expense for the time
the
employer, unless expressly migrants. being in force relating to im-
Colony.
and
Procedure
21.
appeal.
See No. and
and complaints,differences, and servant employer touching shall and may
All
disputeswhich
and
may any
arise
matter
tween beor
concerning
in
manner
Ordinances
12 No.
of
13
1893
thing
and time in
be
heard
and
determined
and
form,
shall be
subjectto
force
of 1893.
being in
for the the appeal, provided by any Ordinances Magistrates regulatingprocedure before Stipendiary
the
exercise
decisions of
of their and jurisdiction summary StipendiaryMagistrates.
appeals from
the
A.D.
1854.]
ArPRENTICES.
[No. 1.
253
OKDINANCE An Ordinance
to
No. make
OF
1854.
provisionfor
the
Apprentice-
a.d.
1854.
ship of Children.
ordi^
[18thJanuary, 1854.]
f^^J^^
BE
1854.
it enacted
by
the
Governor of
of
British
Guiana, with,
follows
the
:
"
advice
and
consent
of the Court
Policy thereof,as
as
1. This
Ordinance
may
be
cited
the
Apprentices Ordinance, provided or specially
Short
title.
2. In
unless the context

"
this Ordinance, unless it is otherwise otherwise requires,

"
Interpretation
"* terms.
Month
"
means
calendar
month
Every be appliedto
one
word
importing the
several
or
number singular
persons,
matters, and
only shall as things,
extend
well
as
and
to
shall extend and be Every importing the plural number to well several to one as applied thing,as person, matter, or persons, matters, or things: Every word importing the masculine gender only shall extend and be appliedto a female as well as to a male :
"
person, word
matter,
thing :
The
Receiver
General
"
includes
"
the
Assistant
Receiver
General
the
act
"
StipendiaryMagistrate extends, appliesto, and includes Police Magistrate of Georgetown, and also any Justice of Peace who be the Governor to specially appointed by may under the provisions of this Ordinance.
PART Resident I. Apprentices.
at
the
êe No.
'
10
of
^'
3. All children
and may be
not
who
have
arrived
the
age
of twelve
and
apprenticedout exceeding five

and
to
rear
by
their
parents
of
shall years for guardians, any
Eight
or
period
such
children
years, to persons them end to the
competent
their
provide for in apprenticeship

to
of parent guardian to apprentice 12 years.
child under
habits of
industry.
of
or
or
(1.)Before any child is bound apprentice under and by virtue Inquiry as to of the provisionsof this Part, such child shall be taken by his parent propriety binding child guardian before two Justices of the Peace in the City of Georgetown to particular
4.
"
of New shall inquireinto the propriety person. Amsterdam, who it may be binding such child apprentice to the person to whom proposed by such parent or guardian to bind such child ; and such Justices shall particularly such inquire and consider whether person resides or has his placeof business within a reasonable distance from the placewhere the parent or guardian of such child resides, having such places,and to the of communication between regard to the means such distance from any Place of Worship of the communion to which child may circumstances make it in fit, the belong,or whether any that child of such should be such Justices, judgment placed apprentice if they see such Justices shall, at a greater or lesser distance fit, ; and e:3?;aminethe parent or guardian of such child as to the distance of the of
the Town
254
No.
1.]
or
THE
LA
WS
OF
BRITISH
GUIANA
whom
[A.D.
it may
1854.
be
residence
to
place of business
such child and shall person. also
of the
the
means
person
to
posed pro;
bind
of
of communication the
therewith
and
and
such
Justices such
inquire into
such be
circumstances
character
(2.)If such
Justices,upon
child
examination bound
is
and
think inquiry, such such person,
that such it proper such Justices shall shall child
should
apprentice to
a
sign the
registerof
as
an
and apprenticeship,
signing
be
declaration be
that such Justices
person
be
an
may order
properlybound
of such
fit person, to whom such shall and such signing apprentice,

a
and
warrant
for
binding such
child
apprentice
Keeping of registerof apprentices.
as
aforesaid.
shall be
Schedule Form No.
1.
Clerk of the PoUce Magistrate Magistrate in New Stipendiary out within bound Amsterdam a registerof all apprentices respectively and of Demerara the Counties Essequebo and of Berbice respectively ; in the No. 1 contained and such register shall be kept in the Form the date of apprenticeship, Schedule to this Ordinance,and shall contain of his parent if known, and age of the apprentice, the name the name, is bound, of the person such apprentice the name to whom or guardian,
5.
"
(1.)There
kept by
of
the
of
Georgetown
and
the
Clerk
the
the
trade
and
residence
of
such
person,
and
the
parties to
the
act
of
apprenticeship, includingthe Justices of the Peace and the parent or being entered in such guardian of such child,and all such particulars shall be the act and articles of apprenticeship. register by purporting to be authenticated (2.)A copy of such register, and such Clerk as aforesaid, shall be evidence of such apprenticeship, shall be so received by all Courts, Judges, Justices of the Peace, and and without without Magistrates, proof of apprenticeship any further of the of such Clerk. handwriting proof
6. (1.)Every person Furnishing of copy of register furnished with a copy of
"
to
master, and
taking an apprentice as authenticated such register

shall articles
to
aforesaid
shall
be
as
by
such
to
Clerk be
payment
of fee.
such aforesaid, and of the counterpart
copy
act
or
be of
considered
the Receiver
and
held
the
apprenticeship.
General
or
(2.)Such
one
person
no
shall pay
the
sum
of
it
and dollar,
shall apprenticeship every
be valid
binding
unless
appears fee has

Mutual
by
been
the
and register,
authentic
copy
thereof,that
such
paid.
obligationsof
master and
apprentice.
7. (1-)Every person so taking an apprentice as aforesaid shall in the column of the registerappropriatedto the same, sign his name and thereupon such shall become and obligedto provide bound person such with of the apprenticeship apprentice during the continuance sufficient clothing, attendance, and all meat, drink, lodging, medical other necessaries, and also shall allow such apprentice to attend Divine Service at least once on Sunday. every of the parent or guardian of such apprentice (2.)By the signature in the column of the register appropriatedto the same, the said apprentice shall become bound and obligedto serve his master faithfully and during all in the said register, during the whole term specified that time he shall be bound and obliged to keep the secrets of his not master, to obey all his lawful commands, to do any damage to his master, nor see any damage done by others, but to prevent the same
"
or
give
notice
nor
of
the
same
to
his
master,
not
to
waste
the
goods of
his
master
nor
lend
contract
cation forniunlawfully to any, not to commit or matrimony, not to play at cards,dice, tables, them
A.D.
any
1854.J
other
from
APPRENTICES.
[No.
may
1.
255
unlawful
to
game
whereby
taverns
his master
or
have
not
or
sustain
to
any himself
as
a
loss, not
faithful
frequent
grog
or
shops, and
towards
his
absent
in all
his master's
service
by day
by night unlawfully,but
master
apprenticeto
behave
himself
things. (3.)A
of each
5, 6, and 7 shall be copy of sections when of the i-egister authenticated copy
printed at given off
the
as
foot
said. afore-
8. If any
leaves the Force the
apprenticedunder this Part person service of his master, it shall be lawful

to
runs
away
from Justice
or
Apprehension
"^
Peace
or
gi*ant
warrant,
arrest
directed
to
any of
any officer of
for
of
apprentice
" '"
the him
to
Police before
dealt
^'^^^
'
him, the
with
said
constable, to Justice,or
law.
such
other
apprentice
Justice
and the
bring
Peace,
any
be
accordingto by
9.
It shall be lawful any
for
any
Justice,on
any
complaint or
applica-Misusage of
'^PP^'e^tice.
tion made
on
belialf of any
or
apprenticedunder this Part, or by any person person such apprentice,touching or concerningany misusage,
refusal
attendance,
Divine
meat, drink, lodging,medical neglectto provide clothing, other such apprentice to attend or necessary, or to allow Service at least once other ment ill-treator Sunday, cruelty, every of or such his toward to such summon master, apprentice by
to
master
reasonable
their
before such Justice and appear time to be named in such summons

into
some
other
; and
Justice
two
at
such
on
Justices
shall examine
to
the matter
of such
complaint; and,
master
proof thereof
not, if service
satisfaction, (whether the

is
is
present
or
oath,)the said Justices may convict the offender for every such offence in a penalty not exceeding twentyfive dollars, if not forthwith to be levied, paid,by distress and sale of his goods by warrant and under the hand of either of the said Justices, in case the conviction is for refusal or neglect to provide suitable and for such apprentice, such master shall be ordered to necessary clothing of disobedience of provide clothingfor such apprentice, and in case such Avithin a time be specified such master to oi'der, by the Justices, shall be sentenced teen not term to imprisonment for any exceeding fourand such shall Justices from days ; moi'eover discharge ticeship apprensuch their hands, certificate under or appi"entice, by warrant for which warrant certificate no fee shall be paid ; and or thereupon such apprenticeshall be bound out to some other person for the unexpired term. portion of the original
summons or application complaint made upon oath by any master ill-behaviour touching or concerning any misdemeanour, miscarriage, or
of the
prt)vedupon
10.
On
iil-behaviour
"^
apprentice,
of any
to
such
apprentice in his
and
to
it shall service, the

same,
be lawful
to
for any
Justice
hear, examine,
commitment
a
determine
and
by
for
any
reasonable
time, not
Prison,there to remain exceedingfourteen
punish the offender in solitax'y confinement days.

of Liability
his master's service any apprentice absents himself from of his apprenticeship such has expii'ed, apprenevery tice shall, at any time thereafter, he may whenever be found, be com"
11.
(1.)If
before the term
''P^*'^"''^^
himselfto
tei-m df""\'le
''^'"^'''^"
pelledto
so
serve
his master
two
days
his
so
absented from
himself for the

his
from
such
for every day on which he may have satisfaction unless he makes to service,
master
of
his master
loss which
may
to
have
sustained
as
by
any
his
absence
and service,
from
time
time, as often
such
256
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1854.
from his service
without apprentice,
before the term
of his any
himself leave of his master, absents fulfilled. i s apprenticeship such refuses apprentice
to
serve as
(2.)In
or
case
to make
such
satisfaction to his master,
such
master
a
hereby required complain, may

warrant
oath, to any Justice of the upon for apprehending such his hand
the such
master
Peace,
what
who
shall issue such
under
ing hear-
and apprentice,
Justice,on
shall
to complaint, may does not and in case such apprentice by such apprentice, such satisfaction according to such determination, to make givesecurity such apprentice be lawful for such Justice to commit it shall and may for any time not confinement to any Prison, thei'e to remain in solitary exceedingtwenty-one days.
determine
satisfaction
be made
Insolvency
master.
of
12. When
is declared
a
any
person
or
as
aforesaid
is
to apprenticed
any
person
who
bankrupt
insolvency shall,if the parent

a
completedischarge from
case
that, in the Guardians,
of shall
he
any be
adjudged an bankruptcy or be and operate as or guardian thinks fit, of the apprentice : Provided apprenticeship of Local Board child bound out by any of his bound for the unexpired term out
three months after the death of
such insolvent,
apprenticeship. original
Death master. of
13.
master
"
(1.)At
to
any
time
within
any
shall be lawful
any person may for any two Justices of the of such master, or by any son by the widow of such master, or of his estate and administrator executor or or sister, effects,to assignsuch appi-entice, by order under their hands, and by and
to
whom
have
been
it as aforesaid, apprenticed made Peace, on application or daughter,or brother or
with
serve
the
as
an
consent
of
the
pai-ent
or
guardian of
such
apprentice,
making such and having
to any one apprentice applicationas aforesaid (such person been part of the family of such master
of such
the
so persons having lived with
said Justices of the term
may
in their discretion
mentioned
obtainingsuch order his name by subscribing From and after (2.)

administrators,and
so
death) as the during the residue in such articles of apprenticeship ; and the person shall declare his acceptance of such apprentice
at
time
of his
think
for and fit,
to
such
order.
dying as promise,covenant,
his executors person of such
and making of such order, the executors the personal assets,estate,and effects of the master shall be released and discharged of and from aforesaid, any
the
or
whatsoever obligation
on
the
or
part of such
and shall be the
ter, mas-
or
administrators,to
same
be
done
to
performed ;
the
obtainingthe
shall be taken
be and
master
Schedule
Form No.
apprentice. (3.)iSuch assignment shall

No.
All and 2 contained and in the
be in the form Schedule

to
or
to
the effect set forth
2.
in Form
this Ordinance.
Death master.
of
14.
made
8ul)sequent
directed
and singularthe regulations provisionshereinbefore take of the original master the death to placeon
shall be deemed
any
and
taken
and
to
relate to the
his several
to
like
event
of
the
death
of
subsequentmaster, before enumerated, from

the continuance articles of
to
relations often
as
and
the
time of the
time, so
case
during
term
mentioned
in
any
representatives happen may act or original
apprenticeship.
case no
Case made of
of
no
15.
months
to
In
such
is application of any
made
as
aforesaid
or
within
the
three think
application
on
next
after
the death
such
master,
may
in
case
Justices
death etc.
whom
master,
any
such
as application
aforesaid
be
made
do not
A.D.
1854.]
APPRENTICES.
[No.
continued, then the said
act
or
1.
257
fit that such

shall and may
covenants
should apprenticeship
be
be
ticeship appren-
determined,
and
the
articles of
an
apprenticeship
the Justices the
therein the
contained
shall be
some
at
end, and
until
bind
out
apprenticeto
this Part
other
person
expiration
to
of the 16.
to
term. original
Nothing
in
shall
extend
ov
be be
construed
extend
Restriction of
except such only as may any apprentice, be in the actual part of the family, or may master,
death
of In
or
of any such any

as
subsequentmaster
at
under
of provisions any
case
this Part
the
time
of the
provisionsto livingwith and make apprentice employment of such original livingwith and by virtue of the several farnilv. or bankruptcy,insolvency,
master. master
17.
master
aforesaid, during the

any
executor
as
term
of
aforesaid, or
or
administrator
such Failure of prenticeship apany master to of any such maintain

or
maintain
during such three months such and provide for any

of this
refuses aforesaid,
be lawful
or
to neglects to
aitprentice.
apprenticeaccording
for any
the
of
visions pro-
Part, it
shall and such
may
Justice
the
Peace,
on
complaint of
by
warrant estate
his behalf, of any person on apprentice his hand, to levy,by distress and sale of the perunder sonal of and effects of such such executor, such sum master or
may and apprentice, any fine or this Part.
money
as
be
such
for the maintenance necessary shall be over and above sum
and
and of
penalty that
may
be
levied under
any
of such clothing independent of the provisions of
18.
"
(1.)It
shall be lawful with the the

to
for the master

of
of any
or
such
aforesaid, by assign such

take
and
consent
the
parent
two
apprenticeas guardian of such

as
Assignment of apprentice,
apprentice and
such
of the
with
approbation of
any
Justices who
term
to aforesaid,
apprentice
other residue
such No. 2
apprentice for
effect set forth
such
the
person of the
may
be
willing to
in
mentioned
the
articles
or
apprenticeship ; and
in form
assignment
contained
to
be in the form may the Schedule in to

and taken
Schedule Fo'""^ No.
this Ordinance.
2.
(2.)In
case
such
apprentice shall
be deemed
to
be the apprentice of such subsequent master to whom be all and intents to whatsoever, made, may purposes
to
such and
so
assignment
from time
such or any necessary and Justices with such two part apprentice ; any of the Peace shall have the like power and authority,in the several last mentioned, in respect as well to the subsequent master to cases as time
as
often
as
it may
be
convenient
for
subsequent master
to
the
apprentice,as
if such
had apprentice
master
been
bound originally
to
such
master.
be
(3.)Such subjectand
19.
Where
order
1
"
last-mentioned liable to
the
several
shall apprenticerespectively and tions regulaprovisions, penalties,

and
of this Part.
any
the
apprenticeis discharged,the
person
"
Justices
to
discharging Rights of
up
.
hiin
may
^-
who
1
was or
his
to
master
deliver
not
to
such
T
ajiprentice
on
being
apprentice
wearing in dollars, twenty-five
nis
apparel,
pay
any
sum,
exceeding
discharged.
apparel;
thereof,such
reasonable
such master refuses to deliver up such wearing case his refusal to pay the sum so ordered, or any part Justices shall levy the same togetherwith the by distress, and
on
expenses
of such
distress. inducement where any

Power r""'^ to
20.
To
behaviour bo ill-
of a dischargebeing an prevent the expectation of the in all cases on an apprentice, part
258
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA under and
[A.D.
1854.
apprentice for dischai",'ed

ill-behaviour.
apprentice is dischargedby any Part from his apprenticeship, on

or
Justices
account
by
virtue of this
ill-behaviour such
to
lawful
for
the part of on Justices, by warrant, to commit remain in
of any misdemeanour, miscarriage, such it shall be apprentice, such for
offender
any
to
any
not
Prison,
there
solitary confinement
time
exceedingtwenty days.
Case of master his
21.
"
(1.)If
of from
removing
residence.
by
virtue
any this the
person Part
to
removes
whom
an
apprentice is
residence
or
bound
under
and
of
his
establishment
the same when such apprentice was place where was at least ten bound, such person shall, days previous to such removal, thereof notice to a Justice of the shall give a written Peace, who himself other associate with such some Justice,and they shall cause business
apprenticeto appear before them. it is fit and proper that (2.)Such Justices shall inquirewhether should continue such apprentice in the service of such be person, or and bound or discharged therefrom assignedover to any other person, order either for the continuance shall thereupon make and of such such with of such apprentice,or apprentice person, or for the discharge of such for the binding or assigning other apprentice to some person, them to shall also require as seem the meet, and, if they see fit, may
so giving notice of removal person of assigning or binding such
to
pay
the
to
amount
of other
the
expense
so
apprentice
such
any
person,
approved by the said (3.)The person shall be subject to the

as
Justices.
to
same
whom
the
person
to
case
whom
such such
apprenticeis bound or assigned and obligations rules, provisions, regulations, bound. apprentice was originally
master
removes
(4.) In
such
apprentice abandons wilfully

notice
as
to
any another and
place without
any such
so
leaves
and takes any aforesaid, order as aforesaid, or apprentice without giving such
as
such
aforesaid,every
person
offending shall
forfeit
sum
not
exceeding twenty-threedollars.
Penalty
master away
or on
22.
any
or
It shall not
be
lawful
for any
other
master
or
to
put
away
or
transfer
putting
such
apprenticeto
his
transferring apprentice
mthout consent of Justices.
dismiss from
any service any
person, any way such apprentice, without
in
to
discharge
consent
the
aforesaid, not exceeding a sum pain of forfeiting upon and of having the act or articles of apprenticeship twenty-threedollars,
of two J ustices a"
cancelled. Penalty on
person
23.
"
(1.)Every
time
person
who
"
harbouring apprentice, etc.
(a.) Harbours, conceals, or

bound
in virtue
or {b.)Removes apprenticeto
employs any apprentice, beingat

Part
;
or or
the such
of this
entices
remove
or away from the
solicits
entices
or
any
employment
service
of his
master,
shall
Justice for
such offence,on being convicted thereof before any every of the Peace, forfeit and not exceeding twenty-three pay a sum
shall further
one
and dollars, of not
less than
dollar
of such apprentice a pay to the master and not exceeding three dollars for each
sum
day
during which employed. (2.)If

any is
such
apprentice may
have
been
harboured, concealed,or
Justice of the
apprentice proves upon oath, before such apPeace, a reasonable cause to suspect that prentice harboured, concealed,or employed on the premises of any
the master
of any
such
260
No.
1.]
29."
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1854.
Keeping of registerof apprentices.
(1.)There
register of
the
name name
shall
be
kept by
the
several
trates StipendiaryMagiswithin of their ticeship, apprenthe

name
non-resident
such age the of the
apprentices indentured apprentice,the
Districts,and respective
and of
shall contain register
date of his
guardian,the
the trade and of residence hereinafter
residence any person
of
such to whom person such and also the name, person, such to whom apprenticemay be
parent or apprenticeis bound,

trade, aud
assigned as
provided.
such such any
by purporting to be authenticated (2.)A copy of such register, of in the absence of the indenture, be evidence shall, Magistrate, without a nd be all shall received by Courts, so apprenticeship, writing further and without proof of apprenticeship, proof of the handof the Magistrate. (3.)For
every such copy
a
fee of
to
the
Magistrate's Clerk
"
by
so
the
twenty-fourcents shall party applying for the same.

an
be
paid
Mutual
obligationsof
master and
apprentice.
(1.) Every person and obliged to guardian, weekly, during of wages, amount stipulated
be bound
that he
can.
30.
taking
to
apprenticeas
apprentice, or
of the his trade
to
aforesaid his
shall
or
pay the and
such
parent
manner
continuance
to
the apprenticeship,
teach him
the best
his (2.)The said apprentice shall be bound and obliged to serve master in the said indenture, faithfully during the whole term specified and during all that time he shall be bound and obliged to keep the of his master, to obey all his lawful secrets to do any not commands, his done but to to premaster, nor see damage by others, vent any damage the same notice of waste the his to to not or same master, give the goods of his master to commit lend them unlawfully nor to any, not fornication, not to play at cards, dice,tabhs, or any other unlawful have sustain or whereby his master game may any loss,not to frequent and from his master's taverns himself not to absent or shops, grog service himself unlawfully, but as a faithful apprentice to behave towards
his master
in all things. for any oath behalf refusal

or
Misusage
of
or
31.
It shall be lawful
apprentice.
made application upon on Part, or by any person
StipendiaryMagistrate, on complaint by any person apprenticed under this

of any such
apprentice,touching
pay the toward such before and
on
or
concerning
when
any
misusage,
neglect to
of
to
summons
or
stipulated wages
apprentice him, at a Magistrate
by
his
other due, cruelty, or to summon master, time

to
ill-treatment such in
master
appear
;
reasonable shall examine

to
be the
named
matter
such
the
into
of such the
master
complaint;
and,
proof thereof
his satisfaction
summons
(whether
the
offender
is proved upon for every such offence in a if not to be levied, forthwith dollars,
warrant
of is present or not, if service the convict oath), the Magistrate may
goods by
conviction
mnster
under refusal ordered
the
or
hand
the
or
penalty not exceeding forty-eight paid,by distress,and sale of his the of the Magistrate, and in case
to
same
is for be
neglect
pay
to
shall he
to
default,to
not
imprisoned,
pay with
wages such
as
aforesaid, such
in
term
apprentice, and,
labour, for any
without
hard
thinks
or
exceeding thirtydays ; and the Magistrate may moreover, fit, discharge from apprenticeship such apprentice,by
under his
if he
warrant
no
certificate
hand,
for which
warrant
or
certificate
fee
shall be
paid.
A.D.
1854.]
APPRENTICES.
this be
to
[No.
Part
runs
1.
261
32.
leaves
If any person apprenticedunder the service of his master, it shall

to
away
from Justice
or
Apprehension
of
lawful
any
the
Force
Peace
or
grant
warrant, directed
arrest
any officer of
for
of
the
Police
a
apprentice running away.
constable,to
such
apprentice
with
to Stipendiary Magistrate,
be dealt
and him l)ring accordingto law. upon oath
before
33.
of any
On
touching or
such
complaint or concerning
made application
by
any
master
Ill-beliaviour of
ill-behaviour or any misdemeanor, miscarriage, in his service,it shall be lawful for any Stipenapprentice diary
apprentice.
Magistrate to hear, examine, and determine the same, and to to in punish the offender by commitment prison, there to remain confinement, solitary or otherwise,for a reasonable time, not exceeding to cancel the indenture twenty-one days,and further,if he thinks fit, of apprenticeship.
34.
"
(1.)If
before
his master's any apprenticeabsents himself from the of his apprenticeship has expired,every term
vice ser-
of Liability
such for
vice, ser-
apprentice
every
master
shall
be
compelled
he may
to
serve
so
his
said
master
two
days
such
apprentice absenting
himself double
to
day
unless
on
which
he makes
have
absented absence
such his service
himself for the from his
from
term
satisfaction to his master
loss which
such
so
of service.
from
his
have sustained may time to time, as often abseiits himself
by
as
his
service,and
leave
of the
term
master,
any from
without apprentice, before
of
his
is fulfilled. apprenticeship refuses (2.)In case any such apprentice

or
to
serve
as
to make
such
satisfaction
to
his master,
such
master
hereby required, complain may

a
trate, Magishearing the complaint, may determine what satisfaction shall be made and such to such master in case by such apprentice, appren tice does not givesecurity such satisfaction according to such to make it shall be lawful for the Magistrate to commit such determination, to in there remain wise, otherto apprentice or confinement, solitary prison, for any term not exceedingtwenty-one days.
on
to any upon oath under his hand
for
issue StipendiaryMagistrate,who may and apprehending such apprentice,
warrant
the
aforesaid is bound who to any as any apprentice person bankrupt or adjudged an insolvent,such bankruptcy or if the parent or shall, insolvency guardian thinks fit,be and operate of the apprentice. from apprenticeship a as completedischarge
35.
When
of Insolvency master,
is declared
36.
master
"
(1.)At
to
any any for
time
within
three months
have been
after
the
death
of any
Death
of
whom
it shall be lawful
by
or
the widow
of such
executor
apprenticedas aforesaid, master. person may made on StipendiaryMagistrate, application any or master, or by any son daughter, or brother
or
sister,or
with
serve
as
administrator the
of such order under
master,
his
to
sanction and
the
and
to
assignment of
the
an
such
apprentice, by
of
hand
by
consent
parent
one
or
guardian of
such persons
such
so
apprentice to
any
of
apprentice, making such
the parent or as as aforesaid, application guardian may think fit,for and in the indenture of during the residue of the term mentioned apprenticeship. executors (2.) From and after the making of such order,the heirs, and administrators,and the estate of the master dying as aforesaid shall be released and dischargedof and from any promise, covenant, said the the indentut 3 whatsoever in or on obligation part of such such be and to done or assignment shall master, performed;
VOL. I.
18a
262
No.
1.]
in of
THE
LAWS
OF
BRITISH
GUIANA
.-
[A.D. 1854.
be noted
indenture
the
endorsed and on register the in apprenticeship presence
the
of
the
duplicatecopies of the StipendiaryMagistrate.
Death master.
of
37.
AH
and made
subsequent
this Part
master
in singularthe regulationsand provisions hereinbefore the death of the original and directed to take placeon
shall
be
deemed
and
taken
to
relate
to
to the
like event
of
the and the
subsequent master, and any before enumerated, from representatives

death of
case
his
to
several
relations
as
time of the
time,
often
as
may
happen during
of
the
continuance
term
mentioned
in any
indenture original
Case made of
no
appi'enticeship.
is application made
as
38.
months
or
In
case
no
such the
aforesaid
or
within the
three
application
on
next
after such
death
of
any
such
not
master,
think
in
case
parent
death
of master, etc.
guardian of
should and
apprentice does the be continued, then

the indenture
an
fit that
such
ship apprenticemined, be detertherein
of
said apprenticeship shall apprenticeshipand covenants
contained 39.
shall be at
end.
Assigmuent
of
apprentice.
of any such apprentice as (!")It shall be lawful for the master of the and with the consent parent or guardian of such aforesaid, by of a StipendiaryMagistrate, to assign apprenticeand in the presence such who take other be to such apprentice to any willing person may the indenture of residue of in the the mentioned for term apprentice and shall be noted the and such in register assignment apprenticeship ; in of apprenticeship the duplicate endorsed on copies of the indenture of the said StipendiaryMagistrate. the presence (2.)In such case such apprenticeshall be deemed and taken to be such assignment to whom the apprentice of such subsequent master
"
may
to
be time
made,
as
to all intents
as
often
subsequent any the same such apprentice ; and any StipendiaryMagistrate shall have last mentioned, in respect as in the several cases and authority, power
master, well to the subsequent master bound had been originally
be
as
and purposes be necessary it may such with consent as
whatsoever,
or
and
so
from any
time such
convenient
for
to aforesaid,
part with
to
the
apprentice,as
master.
if such
tice appren-
to
such
(3.)Such subject and

of this
last-mentioned
liable to the
master
several
shall and apprenticerespectively and tions regulaprovisions, penalties,
Part.
to any person this Part removes
Case
of master
40.
"
(1.)If
of when
whom his
removing his place of

business.
by
same
virtue
was
is an apprentice place of business
bound from
under
where
and
the
at least bound, such person shall, apprentice was ten days previousto such removal, give a written notice thereof to the parent or guardian of such apprentice,and shall apply for his sanction
such
such apprentice to such new placeof business. and takes removes as aforesaid, (2.)In case any such master any such sanction as aforesaid, or apprentice to another place without and such leaves giving apprentice without wilfullyabandons any such notice as aforesaid, every so offending shall forfeit a sum person
to
remove
not
and exceeding fiftydollars, of
shall
further
be
liable
to have
the
indenture
apprenticeshipcancelled
by
order
of
any
Stipendiary
Magistrate.
Assignment not
to be
41.
It shall not
be
lawful
for any
master
or
to
put away
any way
to
or
transfer
without
y^^^y j,uch
to apprentice
any
other person,
in
discharge
A.D.
1854.]
dismiss the
from
or
APPRENTICES.
[No.
apprentice,
upon without
1.
263
or
his
service of
any
such
the
of
consent
a
parent's
'^'^"'*^"
"
of
sum
parent
not
guardian
such
apprentice,
and of any of
pain
the
forfeiting
exceeding
cancelled
fifty dollars, by
order
who
"
having
indenture
of
apjjrenticeship
-
Stipendiary
Magistrate.
Penalty
person
on
42.
"
-(1.) Every
person
[a.) Har)"ourg,
time bound
conceals,
in
or
or
employs
this away Part
or
any
;
or
apprentice,
being
at
the
harbouring concealing
or
virtue entices
remove
of
(6.)
Removes
solicits
or
entices
or
any of
such
his
apprentice,
etc.
apprentice
master, shall
for every
to
from
the
employment
service
such
offence,
forfeit pay
cents
on
being
pay
a
convicted
sum
thereof
before
any
Stipendiary
dollars,
of
not
Magistrate,
shall than such further
and
to
nor
not
exceeding
such dollars
twenty-four
a sum
and less which
the
master
of
two
apprentice
for
fifty
exceeding
have
each
day
or
during
apprentice
of that
may
been
harboured,
concealed,
employed. (2.)
any such If
the
master
any he
such has
a])prentice
reasonable
or
proves
to
on
upon
oath,
that
before such
of any
Magistrate,
is
cause
suspect
apprentice
person,
harboured,
concealed,
may
employed
a
the
to
premises
search for
such
and may
as
Magistrate bring
be
grant
warrant
such such
to
apprentice, apprentice
dealt
any with
him,
together
with
or
the
person
by
before
case
whom
him in
harboured,
:
concealed,
employed,
ihat
any in every person
be
aforesaid
or
Provided arises
or or
as
always
to
which with
dispute
with
difference
whether
any away, from
charged
under
harbouring,
or
concealing,
removed
such had
employing
enticed
to
remove
apprentice
or
this
Pai't,
or
having
any
with
iiaving being
shall shall
solicited
or
enticed
of his
apprentice
the
employment
be
service under
on
master,
the
knowledge
of the of the
of
want
any of
such
such
apprentice
bound
this
person,
Part,
and
proof
knowledge
of such person
such be
on
the
proof
knowledge
or
not
the
party 43.--
aggrieved, (1.)
shall All be and the
complaining,
before
as
informing.
any
as
proceedings
conducted,
shall time be
Stipendiary
may the
Magistrate
to
under form any
Procedure
and
this of
Part
near
be, according
the
^PPe"Yuider
(^, ^
,-
procedure,
for
subject
in the of exercise
to
ap2:)eal,provided procedure
their
by
Ordinances
being
in
force
of
regulating
summary
before
Ivo.12 "'"(^'o.
1893.
of
13
1893
Stipendiary
and
Magistrates
from the such
jurisdiction jurisdiction,
recovery
of and any
of
appeals
decisions
Stipendiary
shall and have
to
Magistrates.
power, the
{'2.)Every authority
that
to
Magistrate
and
full enforce
award
or sum
determine
money exceed
fine, penalty,
the
of may
incurred
under
this
Part,
ing notwithstand-
same
forty-eight
dollars.
264
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1854
SCHEDULE.
Forms.
Section 5. Form
No.
1.
Eegisterof Apprentices.
Sections and 18.
13
Form
No.
2.
of Apprentices Assigned. Register

^^
en
!^
"u
a
o
.a
pH.a
"2 g
CO "U ,fj M
'^
C"
a
|1h
g
'A
5
in
o rO
en
a 3."f
section 28. Indenture British It is of

serve
Form
No.
3.
of Non-Reaident
between and A.
C.
Apprenticeship.
Guiana.
hereby agreed by
at
and
of business
E.
F., a minor
the said ^.
of the age
^.
as an
of
having his place "., of D., in his quality of Father [orGuardian] years, that the said ". F. shall faithfully
term of
Apprentice for the

1
,
years
from
the
during all that time the said F. F. shall keep the secrets of his said Master, and obey all his lawful commands, and that the said E. F. shall not do any damage to his said Master, nor see damage done by others,but shall prevent the same or any give notice of the to his said Master, and same that the said E. F. shall not waste the goods of his said Master, nor lend them commit nor play unlawfully to any, nor fornication, at cards,dice,tables,or other unlawful whereby his said Master any may game hav ) or sustain and that the said F. F. shall not frequent taverns or loss, any from service unlawfully, but his said Master's shops, nor absent himself grog that he shall as a faithful Apprentice behave his said Master himself towards in all tilings the said A. B. hereby binds and ; and obliges himself well and in the best truly to teach the said E. F. the trade of a [here state the trade']
and that
day
of
A.D.
manner
1854.]
that
the
DEMERARA
RAILWAY
COMPANY.
behalf
of
[No.
2.
265
he
can,
[or to
wages
said h'.
and to the said C. D., to pay F.] weekly, duiiug the continuance
on
the
of the said E. F., apprenticeship,the
whereof the
the wayes that is to say [fierc set out following-, agreed icpoii^.In witness the parlieshereto have hereunto at signed their names
day
of
(Signed.)
A.
B.
C. D. I
executed
certifythat the foregoingIndenture before me. in duplicate
of
Apprenticeship was (Signed.)
duly signed and
Stipendiary Magistrate. Assignment of Indenture.

This
at
Indenture
term
of
Apprenticeship is hereby assigned

to G.
thereof
H., of
of
1
.
for and maining during the rehaving his place of busiuess
Dated
this
day
(Signed.)
A. B.
G. B. G. U. I
in
certifythat
the
me.
foregoing
Indenture
of
Apprenticeship was (Signed.)
duly assigned
duplicate before
OliDINANCE
An Ordinance made
to
No.
OF
1854. Deviation from

to
authorize
Line of
certain
be
to
a.d.
1854.
*
in the
Railway
Belfield
Mahaica.
[21st January, 1854.]

Railway Company's Ordinance, 1846, No. enacted that it should be lawful things, for the said Company, and it was therebyempowered, to make and maintain a Railway, with all the proper works and conveniences connected therewith, for the passage on such Railway of carriages perly proconstructed,that is to say. commencing at such point in or near the City of Georgetown as pany to the said Commight appear convenient and terminating at such Mahaica in or near as point might also convenient the to said Company appear ; And whereas in pursuance of the provisionsof the Companies' Clauses and Powers Consolidation Ordinance, 1846, certain plans and Nc sections of the said proposed Railway wei'e depositedin the Registrar's Office of the Counties of Demerara the woi'ks of and Essequebo,and the said Railway were carried on in accordance with the said plan the City of Georgetown to Plantation from Belfidd; And whereas of the said Company at a meeting of the proprietors held at the London the 28th Tavern on day of October, 1853, it wat recommended which was by the report of the directors, adopted at the meeting,that a certain lateral deviation should be made in the line of the said the Belfield Station and between Railway to be constructed Mahaica, and that the works should be forthwith commenced, provided the Colonial should of the same ; Legislature approve And whereas a certain plan or diagram of the said proposed deviation by
T
CTTHEREAS
the Demerara
other
2 of 1846.
it was,
amongst
I of 1846
266
No. has
2.]
been
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1854.
of Office of the Counties duly deposited in the Registrar's and Essequebo ; be should whereas it is expedient that the necessary And powers deviation said for the of the the to propo"ed given Company purposes
Demerara from Be the said former line enacted advice and
:
it therefore with
:
"
by
the
Lieutenant-Governor
of the
of
British
Guiana,
follows
Short title.
the
consent
Court
of
Policy thereof,as
1. This
Ordinance 1854.
may
be cited
as
the
Demerara
Railway Company's
and it is
Ordinance,
Power make to lateral in
2. It shall
be
lawful
to
for the make

a
Demerara
Railway Company,
from the
deviation line of from
Railway
Belfield
to Mahaica.
ally originlateral deviation to be constructed, such proposed and intended Land to be accordingto a certain plan or diagram made by the Sworn date the of James 19th 1853, December, Shanks, bearing day Surveyor, of Demerara and Office of the Counties duly depositedin the Registrar's and Essequebo on the 20th day of December, 1853.
hereby empowered,
latei'al deviation line
Powers takino
of
3.
have powers
For and and
the
land,
of
purposes and exercise,
of the
it is
to
"c., for
piu'poses deviation.
as authorities,
deviation,the said Company shall hereby invested with, all such necessary the caking of lands and otherwise, as it
said
in
to
exercised might or could have proposed and intended originally the said Company by the upon this to Ordinance; by preamble entitled of the
to
the
construction
of and
the
as
line
as
be
constructed
Ordinances No. 16
conferred
in the
said
mentioned
of
Ordinance
the Ordinance
the Year
1847,
"An Year
Ordinance
Demerara and
to
'
extend An
1846, entitled
to
16 No. provisionsof Ordinance to incorporate a Company,
be called the
from the with
Company
Guiana
to
make
maintain
City of
Extensions No.
Railway Company, and to authorize the said a Railway in the Colony of British Georgetown, the Capitalof the said Colony,
and
' "
Mahaica,
and
by
Ordinance and
Branches, and for other purposes 19 of the Year 1853, entitled " An Ordinance
; to
revive contained
continue in Ordinance
certain No. 16
clauses, powers,
of the which Year had
matters, 1846, to and
and
things
of
in favour
the Demerara
Application of statutoi-y provisions to
deviation.
Railway Company,
of provisions
expired."
recited Ordinances
4. The
in and line
manner as
several
as
the hereinbefore
shall,
apply and extend necessary, construction of the said line of Railway originally proposed
as
far
to, and
to
shall govern, the making the from in the deviation

in
and and
intended
be constructed
the said
the
same
they
said this
applied to
governed
proposed originally
line. Making of siding for

accommodation of certain
5.
the
The of main
after the commencement Company shall,within six months and maintain a Ordinance, make siding or branch from the line, at a convenient Dochfour estate, and point on
same
plantations.
continue
the
along the
roods of
southern
from
bank
of the
Mahaica
the
Canal
for
hundred space of two the accommodation
its junctionwith Ann's
main
line, for
Friends, Grove, Three Clonbrook, Beehive, Greenfield, Grove, Orange Nassau, and Unity.
Plantations
Construction of the Ordinance.
6.
For
the
this Ordinance
of the said deviation of the purposes shall form of and part parcel the shall
said
line of
Railway,
recited
one
hereinbefore
as
Ordinances, and
Ordinance.
be construed
together therewith
forming
268
No.
1.]
(2.) Such
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1855.
and alcere(]
rates to
may
from
time the
to time
be
reduced
by
Proclamation
be
publishedby
shall be
Grovernor-in-Couucil.
Time
of of
7.
the
at
Conveyance
three
conveyance passengers.
River such
General week's
provided for Passengers from each side of day on week-days,and twice on Sundays, from be fixed by the Inspector hours as may time to time of Police,and approved of by the Governor at least one ; and publicnotice shall be given of any change of such hours.
times in each cattle
or
Conveyance of carriages,etc.
8. Carriages, horses,and
across
other with
animals
shall
be
the The
River
when
and practicable,
all reasonable
conveyed despatch.
Payment
over
9.
Superintendentshall
the
amount
an
of tolls
same
General time
collected.
furnish
ceiver Reweekly to the Assistant pay over of Tolls collected by him ; and shall at the of such tolls. account containing a description
Wearing of badge by
boatman.
10. with
Every
the
boatman
employed actually
words
"
in the
while engaged for the service of the Ferry shall, metal badge a performance of his duties, wear Berbice and his number Ferry legibly proper
"
engraved thereon.
Lists and of tolls of
names
of collectors be put np
at
to
stellings.
to be suspended at some Superintendent shall cause spicuous conplace on or immediately adjoiningthe stellingon each side of shall be legibly the River, a board, whereon painted a list of the tolls for the time and to be collected, of the the names being authorized boatmen other persons his or on empowered by him to collect the same
11.
The
behalf. Penalty on
Superintendent
or
12.
him
or
If
the
to
Superintendent
be collected, or
same,
or
omits
names
to
suspend
of the
same
list of the
tolls
authorized
to
of the
boatman the
persons
to
authorized
acting contrary
to
collect the
if he
permits the
become
by illegible,
Ordinance.
conceals defaces the same, if he or any person or or wilfully the him collect tolls demands to takes or a by greater toll than time is for the under the being payable provisions of this if for he boatman the of the service or Ordinance, or employed any Fen-y wilfully subjectsany passenger, carriage,horse, cattle,or other animal then in every such case to unreasonable such or detention, delay other shall be or boatman, on Superintendent, liable, being convicted, person to a penalty not exceeding twenty -four dollars. authorized
of
now
if he
Prohibition conveyance of passengers,
13.
or
If
not being authorized to any person hereafter existing with the Government
or
do
so
by
this the
any
contract
or
the
Governor-in-Council
etc., across
River certain of within distance
lawfully employed
across
under
or
this Ordinance his service miles above

or or
conveys any his property, below the
passenger, the
animal,
River
by provisionsof vehicle,not being in

colony
a
of
within
distance
of
two
Ferry.
being convicted,to by 9 of 1897, s. 3

Kxetnptions
from
such person shall be liable, Ferry stellings, on a penaltynot exceedingtwenty-fourdollars. (Amd. (1).)
ferriage.
The under followingshall be exempt from payment of ferriage of this Ordinance, that is to and rural pi'ovisions say, policemen constables on duty and prisoners under their charge,police horses, and vehicles actually emploj'edin the publicservice.
14.
the
Provision
contracts lease
for for
15.
the time
It
shall of
be
the for
lawful
for
the
Inspector General
enter
of
Police,
the
term
with from of
approval
to
Governor-in-Council, to
the lease of the
into
contracts
of
Ferry
time
Ferry ;
and
during
A.D.
such the
1855.]
DEMERARA
RAILWAY
COMPANY.
[No.
the
the
3.
269
contract, all tolls collected

contractor,
of the and the
at
the
Ferry
shall
be
property of
contractor
shall be
considered shall be
dent Superintenliable to
all the
Ferry, and he and fines,penalties,

All
and
his servants
and suljject
provisions oF
for
this Ordinance. of this of the
16.
sued
penalties incurred
recovered
for the time under
breaches
Oi'dioance
shall be
Procedure
**"
for and
and
in
by
virtue
of any provisions
appea
Ordinances
being
the of
StipendiaryMagistratesin
and
appeals
from
decisions
regulatingprocedure their summary jurisdiction ^".^V^ ''^3*^^ StipendiaryMagistrates. o/"l893.

See
force
before
Ordinances
exercise
of
OEDINANCE An Ordinance
Direction Demerara the
to make
No.
OF
1855.^
provisionwith
of the and
respect
Place
are
to
the the
a.d.
1855.
and
Management
and
Aft'airs of
Ordinance
Kailway Company,
Direction
on.
the
where
to
incorporated.
said
Management
be
carried
[24th November,
1855.]
the
:
"
it enacted
by
of
the Governor
the Court of
of
British Guiana,
with
follows
advice
and 1. This
consent
as Policythereof,
Ordinance
may
be cited
as
the Demerara
Railway Company's
Short
title.
Ordinance, 1855.
2.
The
general direction
and
Demerara
more
"
Railway Company
seven
management shall be vested resident

in
of the
in not and
affairs than
to
of
five
the
or
Direction penm-u-a
oif
less
than
shareholders Committee."
for
to
England,
be
styled Railway
Company.
The
General
It
3.
shall be lawful bv resolution
majority of
passed
"*"
the
a
^
shareholders
"
of the
said time
Power
for the
to T)lUCG
Company,
to
be
at
general
meeting, from
the United
Company
Cl6tfnillllC at which
time
to
appoint and
determine
at
what
placein
the general direction and management of the affairs of the said shall be carried Ordinance on now thereupon every ; and
relative
to
Kingdom Company
in force
direction
to
he
'^^^'^'^^"^ ""-
"City
of
Company in which Westminster," "Liverpool," or

and construed
as
the
said
the
words
the
"Town of
of
shall be read
if the
name
City of London," Liverpool occur city, town, or other

" "
aforesaid to as place for the time being so appointed and determined be the place for carrying on the general direction and of n'anagement the affairs of the said Company had been inserted Ordinance in such instead of the said words City of London," "City of Westminster," Town of Liverpool" respectively. "Liverpool,"or
" "
This
Ordinance
is amended
by
No.
8 of
1901, s.
12.
270
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1855-
ORDINANCE
A.D.
-_
"
No.
OF
1855.
1855.
"
"
An
Ordinance in the
for resulatin^r the Harbour
of Georoetown
Ordinances
No. and 14 No.
s.
County
of
Deinerara.
of
3
1891
13
of
[17th October,
1855.J
the
:
"
1894,
(3)"
incorporated.
it enacted and
consent
by
of
the
the
Governor Court be of
of
British
Guiana, with
follows
advice
Policy thereof,as
as
Short
title.
1. This
Ordinance
Ordinance,
Interpretation
of terms.
may 1855.
cited
the
Georgetown
Harbour
lation Regu-
2.
In Words
this
Ordinance,
"
include importing the singular number pluralthe singular : Words gender include importing the masculine
"
the
and plural,
the
the
feminine
Vessel
"
means
and
includes
every
kind
and
craft,whether galole
or
"
propelled by sails,or
:
of navidescription by steam, or by both, in
without
"
either and
Master
means
includes
every
person
charge
of
vessel.
TJie
Definition limits of Harbour. of
Harbour. of Georgetown shall be the direction from north-westerly

to
3,
"
(1.)The
:
"
limits
a
of the
line drawn
Harbour in
a
lowing fol-
Between
the
north-west thence
across
angle
south River
on
of Fort until Demerara the

on
William it strikes from bank

west
Frederick
the the
to
the
extent
of two
line of of
miles,
drawn
due the
land southern southern the
; and
another
La
Penitence
east
the
boundary boundary
River.
Plantation Plantation
Klien
Pouderoyen
the
bank the
of
said Master
(2.)The
water
of jurisdiction
on
Harbour River.
shall extend
to
high-
mark
both
banks
of
the
Officers.
Appointment,
removal,
and
4.
to
"
(1.)The
Harbour
Governor Master
shall
; and
some
appoint some
he may also person Harbour
fit and
remove room
competent
any of any
person
so
be
salary of
Harl)our Master.
person
and appointed,
so or
appoint
proper
in the
person
of any Master removed, or in the room dying,resigning, becoming incapableof performing the duties of his office. so appointed shall receive the salaryassigned (2.) Every person
the office of The Harbour Master
to
by
the
an
Combined
Court.
Place and duties
of office
5.
Hai'bour the
Master Governor
shall have
; he
office in such
a
placeas
journal
of and known
may
be
general
of
appointed by
])oat
shall
keep
shall which
to
correct
the Harbour Master.
occurring in his department ; he flag by carrying a distinguishing

manned he
keep
she
good
be
to
everything sufficient
at
time3, and
duties take
; and
care
liya
proper
crew,
enable
may him
once or
all his
perform
fast
to
shall visit all vessels
the
are
that
shippingat least properly moored

from time time
every made
day, and
a
stelling.
Appointment
and
6.
"
(1.)The
person
to
Governor be
may
to
appoint
some
fit and
salary of
proper
Deputy
Harbour
Master.
A.D.
1855.]
GEORGETOWN
HARBOUR
REGULATION.
[Tô.^.
salaryas
Court.
duties in may
271 Deputy
bour Har-
(2.)Every
from 7.
and
"
time
to
person time be
appointed shall receive such assignedto him by the Combined

so
Muster.
(I.)The
to
Deputy
Harlwur
Harbour
as
Master be
shall
to
perform such
him
Duties
of the
relation
the
may
assigned
Harby the Grovernor, P^puty

boi.ir Jjiiisif*!'
in the and
performance of
direction of
such
of be done
duties
he shall be Master.
subjectto
the general
control
the Act
to
Harbour
(2.)Where by any or by-law anything is Master, such thing may
Parliament, Ordinance,
or
rule, rejculation,
to
may
be done
to
be
by
or
the
by or Deputy
the
Harbour Master.
Harbour
of Visitivij
Vessels.
from 8. Every vessel arriving beyond the limits of the Colony shall Visiting of by and sunset Master ; if arriving between yf^sels by the Harbour tiiG xltirbour time before seven o'clock on the succeeding morning ; Master. sunrise, at some be visited
. .
if arriving between and sunrise or sunset, Frederick. brings to off Fore William
within
two
hours
after she
9.
so
"
visited
(1.)The Harbour a printed copy

and in the
Master
shall
give
to
the
master
of each
vessel
Harbour "'''^ JJ''' -^f ^f" certain "^ sections
of sections
15, 17, 18, 19, 20, 21, 25, 26, 27,
28, 30, 31, 32, 34, 37,

his
38,
for the
guidance of
the
same
such
master
during
the
stay
to
Harbour.
Harbour the in Master shall
at
to masters
(2.)The
where
moor
time
direct
pilot
the
^^*P^-
vessel. this
(S. 8
(2),(3).)
shall
10.
Harbour
Nothing
Master
Ordinance
be
construed
to
relieve
during Visiting
the night.
and sunset duty of visitingvessels between with sanction the the order of sunrise, if he is specially or by required,
from
the
Governor,
11.
a
"
to
do
so.
(S.9.)
and
not
place beyond
entered
sunset (1.)Every vessel, if arriving between the limits of the Colony, whether or
sunrise
from
she
or, if
has
Anchoring of vessel aniving pre- between viously sunset sunrise,

etc.
the Port
and await
master
of Berbice,shall
shall
come
to
anchor,
of
arriving and
William
between
sunrise
sunset
bring to,
shall
abreast
Fort
Frederick, to
the visit of the Harbour

of such vessel
Master.
(2.)The
of his
promptly
Master
answer
all
such
questions as may
be put to him
who
as
by
the Harbour
in the execution
duty. (3.)Any
or
master
refuses to
the
a
answer
such
or questions, neglects
to anchor
bring to,
Frederick
not
shall be liable to
may penalty of
case
be,
not
abreast
of
Fort
William and
less than
dollars fifty
exceeding five
12.
"
hundred
dollars.
(1.)The
may
Harbour
vessel
Master,
the
under
such
limitations
and
tions condi-
Duty of
Harbour Master
as
as
be authorized
from
visitingany
Governor, prohibitall persons by with immigrants imported at the arriving

shall in any
manner
to
vessel with
with such
and from communicating publicexpense, such immigrants, and shall prevent have been
whatsoever from
immigrants
until arrangements vessel, for the allotment General Agent
any immigrant made by the of
quitting
and
distribution
a
(2.)Every
section
on shall,
person
who
commits
breach
being convicted
thereof,be
liable
Immigration of such immigrants. of this the provisions to a penalty not ceeding exlaw
to
dollars. forty-eight
13.
The
of
shall,unless liable by Royal Mail Steamers quarantine, be allowed to proceed at once
to
the
Duty of formance perHarbour
their usual
272
No.
4.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1855.
of
to
Master
as
to
anchorage,either
Fort William visit them within
by day
or
by night, without
the after Harbour the anchor mail
on
a
bringing to
Master is down.
abreast
Royal
Mail
Steamers.
Frederick,
and
shall be bound
half-an-hour
Copies
certain
of ments enactto be
14.
the other
on Every pilot,
taking charge of
of section
to
steamer, shall
give
11.
to
master
thereof
copy
13, and,
thereof
taking
copy
of
charge of
any
given by pilot to shipmaster.
vessel, shall give
the master
section
Mooring
Mooring
classes vessels. of limits
etc. of Vessels,
for diiferent
rigged vessels,if under sixtytons, shall not from the nearest stellingor vessel fortyfathoms without anchor lie at n or a permission stelling, single lying alongside and of shall be vessel the Master from Harbour no tonnage larger ; fathoms from than low-water the shore moored nearer seventy-five
15.
"
(1.)Fore
and
aft
be
moored
less than
mark
on
the
east
bank the
of
the
River,
Master
nor
lie at
nor
single anchor,
any River in front
without
a
permission from
vessel of of
war or a
Harbour
shall in the
vessel, except
and
mail
steamer, be moored
between
is moored liable to the
of that the
part
Georgetown
Bonded
any vessel
Market
Slaughter-House
to
Colonial
Warehouse. contrary
a
(2.) If
the
the of
provisionsof
this
tion, sec-
dollars ; and forty-eight hours after notice within if any such vessel is not removed twenty-four thereof the Harbour the has been master to Master, given to by quit such shall be liable to a further master penalty of twenty-four dollars for every twenty-fourhours that it may remain after such notice.
master
shall be
penalty
Marking and mooring of Colony craft.
Master shall see that all Colony craft are 16. (1.)The Harbour with the proper numbers accordingto their licences. duly marked be moored must (2.)All Colony craft,if not alongside a stelling,
"
or
anchored
at
least
ten
fathoms
to
the
westward
of any
stellingor
a stelling. lyingalongside of such craft who his vessel improperly, or moors (3.)Any master when refuses to remove directed by the Harbour Master, shall be liable to a penalty of not less than five dollars and not exceeding twenty-
vessel
four
dollars. its cargo

at
17. Every vessel having to land or take in any part of discharging or a public stellingshall do so with boats or other small loading at must land or take their cargo without delay. public stelling.
Vessel
craft,which
Allowing vessel
to lie
18.
The
Harbour
Master made of
same
alongside
applicationbeing
for stelling the
for
may that
grant permission to
purpose,
to
any
vessel,
on
go
case
alongsidea private
of
a
privatestelling.
purpose coaling,providing the

to
breaking bulk, or,

can
in
steamer, for
nience inconve-
be done
without
injury or
the
publicor
to
privatepersons.
Kules as to rig of vessels

in
Harbour,
etc.
in the Harbour, or -(1.) Every vessel moored lying alongside shall have its lower yards topped up, and its flying-jib stelling, and spanker booms in ; no vessel shall have run an booms, jil"booms, an out-riggerlonger than twelve feet from the gunwale, or shall run
19.
"
any
shall have a rope made fast on shore or to another or in of in case vessel, except or place to warping from one emergency, under in in order to prevent accidents, another, or getting weigh, when,
anchor
on
shore,
it shall be the
or
duty
of the
master
to ;
have
boat fastened
to
the
at
centre
of the rope while
laid out
and,
to
prevent
accidents
bight night.
A.D.
1855.]
GEORGETOWN
HARBOUR
REGULATION.
[No.
4.
273
shall light
to
Vie hoisted
in any who
boat
so
placed,and
of
a one
kept burning from

of the
sunset
sunrise.
master
(2.)Any
this section
is convicted
a
breach
provisions
of
shall bo
liable to
penalty of
hundred
to
dollars.
cause
Harbour 20. (1.)The to move a stelling alongside

"
Master in any
is authorized
any
of
vessel tating facilivessel
Power Harbour Master
to the
direction
for also
the
to
purpose
remove
to order
the from
or
movements
of other
vessels, and
any
vessel to
move
to
when safety or for the safetyof other vessels, moorings for her own necessary. free navigation. to secure or quarantineregulations, when ordered (2.)Any master of a vessel who refuses so to remove
her
enforce
by
not
the
Harbour
Master Harbour
shall be Master
liable, in addition
in
to
any
expense
curred in-
by
21.
of the
the
less than
twenty-fourdollars
any of such vessel
such removal, to a penaltyof effecting and not dollars. exceeding forty-eiglit her
cause
Whenever
owner
leaves
to
moorings,
them
or
it shall be
to
the
moorings departure of such

a
to
vessel,
within
ten
duty Buoying of moorings on buoyed previously vessel leavuig. hours twenty-four

well and
not
be
the
under thereafter,
penalty
of not
less than
dollars
ing exceed-
twenty-fourdollars.
Passenger Boats.
22.
their vessel No boat shall be
or
employed
any
for the
luggage to
other
from
vessel, unless
or
conveyance such boat such
of
passengers
some
or
Regulations
for passenger boats.
belongs to
is licensed
than
as registered
hereinafter
Colony craft, provided.

who
same
unless
boat
and
23.
"
desirous
(1.)Tf any person of employing the

or
has taken
for the
out
licence
for any
of
boat
is Registration
or
conveyance
such him
passengers
of passenger boats.
luggage to
the Harbour the Harbour
and have any
from Master Master
any in
he vessel,
a
sIihII have
licence for that the
registered by
purpose,
book
to be
kept by
such
and
shall endorse in his
upon
licence
no
date
of
tration registhe
the number
or
and register,
such the
registrationshall
term
force
effect after the

to
run.
of expiration
for which
licence itself has
(2.)No (3.)The
boat
fee shall be
Harbour in his
charged,taken,
shall not
or
received
for such
tion registra-
and endorsation.
Master
be
or
compelled to register any

unsafe
which,
judgment, is
insufficient
for the purpose
of
and luggage. of passengers plying for the conveyance of the owners of all boats the names (4.) Once in every six months this under of the provisions Ordinance, with the respective registered shall be pubnumbers of such boats according to licence and register, lished in The Official Gazette. vessel other than Colony Penalty in (1.) If any boat not belongingto some for the of or luggage to or respect of employed passengers conveyance boat illegally if any person from vessels without or as being registered aforesaid, of plying, employed on board any such boat is guiltyof any breach of the peace, misconduct of any violent or conduct, of using any obscene, abusive, or of person disorderly employed ordered to profane language, or of refusingto leave any vessel when in such boat. aforesaid with do so by the master a as thereof,or if any person plies of boat in a dirtystate, or not properlyfitted up for the conveyance in or not o r manned, improperly or good repair, insufficiently passengers, if such person refuses to convey or or luggage when required, passengers from his boat any passenger's to placein and remove or luggage,or by
24.
"
craft is
or
274
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1855.
him for
loses any property entrusted to or negligence injures, destroys, Master order or disobeysany given by the Harbour conveyance, execution of his shall be offending
in the
the person such so case duty, then and in every not to on a exceeding liable, being convicted, penalty in addition to the value of any twenty-four dollars, property injured, or lost, destroyedas aforesaid. (2.) Any person so offendingmay be arrested, with or without and warrant, by any policeofficer or constable conveyed to the nearest Police Station If any until boat
dealt with
or
in due
course
of law. take in any cargo, quit the stelling for such boat
Penalty
in
respect of
refusing to quitstellLng.
employed to land luggage public stellingdoes passengers, when the or loaded, discharged holding the person
25.
or
other
at
craft
or
not
licence
same
or
craft,or
case
the master
of
the
vessel
a
to
which
the
may
belong, as
dollars.
the
may
be, shall
be liable to
penalty not exceeding five
Miscellaneous
Provisions.
shore without the
Penaltyfor
hauling
on
26.
Harbour
If Hny
vessel
is hauled
or
on owner
permission of
a
the
vessel out with-
shore
Master, the master
thereof
shall be liable to of ten dollars
penalty
permission. of
and further a twenty-four dollars, hoars of twelve during which period Harbour the Master to remove given by
penalty
such her.
vessel
remains
every after notice
for
Preparation of pitch,tar, etc.,

for vessel.
27.
the
use
"
(1.) Any
of any
astern ; and
a
pitch,tar, or
other
combustible
vessel
towed
a
lying at her moorings shall if requiredfor the use of any

moored
at
be
requiredfor prepared in a boat vessel lyingalongside

matter
in stelling,
or
boat
least
ten
fathoms
vessel
from
the
nearest
vessel
stelling. (2.)No lightshall (3.)The

master
be used
on
board
any
when
drawing off,
starting, coopering, or removing spirits.

of the each
provisionsof
to
a
of any vessel in respect of which breach of any a this section may be committed shall be liable for
one
offence
penalty of
any vessel be the
hundred
dollars.
Regulations
as
28.
in of
"
(1.)If
takes
fire whilst of the

master
at
anchor,
thereof
or
is otherwise
to vessels on
or
fire
in other
distress.
it shall distress, alarm, and, on shall send

case a
such
vessel aid ;
and,
use
in
a signal of every other signal being made, the master boat and with crew requisiteappliancesto render shall immeof the vessel being on the master diately fire,
duty
to make
his best endeavours

vessels.
to
get into the
stream
and
to
leeward
of all other
(2.)The
the from
to master
Harbour
on
Master
or
shall take she
charge of
is removed
; and
such
to
vessel,whether
a
is
board
or
not, until
on buildings
safe
distance
other
vessels
from
shore the
he shall
River
be entitled Police in
require the aid and carrying out his orders
assistance for that of

a
of
pilotsand
refuses
or
(3.)Any
reasonable
not
master to
purpose. vessel who
neglects,without
shall,on
excuse,
obey
the
provisionsof
not
this section
being
and
convicted,be liable
more
to
be fined
less than
dollars twenty-four
than
dollars. forty-eight
and craft shall
Providing of punt, etc.,

with proper
29.
to
"
(1.)Every punt
and chain
or
grapnel
cable of sufficient
no
provided with a good iron according weight and strength,

be
grapnels and
chains.
the size of the vessel ; a,nd
punt
or
craft shall be allowed
to
make
276
No.
10 m.
4.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
and
1855.
Sec No.
of
Master the
owner
before the
of
or
Police Magistrate, shall

vessel from of
a
be
forfeited
or
sold ; and
article
was
1893,
s.
the
which timber
such
or
timber other
other
dropped,
offence.
Tlirowiiig
overboard
the
owner
such
on article,shall,
beinj^
convicted, be
liable to
fine not
exceeding twenty-fourdollars
of
for each
35.
other any
"
(1.) If
matter
or
any
master
ballast,or
thereof dollars.
the
carcass
ballast, carcass,
or
thing injurious to
health
any dead animal, overboard is thrown
or
any from
to
a
other
the vessel,
shall,on
or
being convicted, be
other
matter
or
liable
injurious
matter.
penalty of one (2.)Any

to
hundred such from
ballast, carcass,
shall
thing required
shall be
Master. posed dis-
be removed of
as
may
any vessel be directed or Harbour of the
be
so
removed
and
sanctioned
shall
by
take
the Harbour
notice
or
Illegal
extension of
36.
"
The -(I.)
on
Master river
the
bed the
stalling.
by
the
erection is
stelling beyond
water
mark
of
spring
proper tides.
limit, which
hereby
of any encroachment of any extension declared to be low-
(2.)Every
the liable to licence
a
out who extends a stellingbeyond such limit withperson in writing of the Governor on shall, being convicted, be
one
penalty of
Master
hundred
in
dollars such
and
to
all expenses
incurred
by
lUegaUy
carrj'ingaway
soil from
or
the Harbour
removing
extension.
whatever
Led of
banks
Harbour. See No. 10 68.
of
1893,
s.
who for any purpose takes, or carries away digs, banks of the other the soil from bed or or shell, caddy, any Harbour below high-watermark the licence in writing of the without be Governor befoiê the Police shall, on being convicted Magistrate, liable to a fine of not less than twenty-four dollars and not exceeding and the punt, boat, or other craft employed in receiving dollars, forty-eight such caddy,shell, other soil shall be seized, or and, if the Police Magistrate thinks fit,he may adjudge such punt, boat, or craft to be after payment of of such sale shall, forfeited and sold,and the pi'oceeds all expenses, be for the publicuse of the Colony.
37.
Every
person
Refusal
or
38.
vessel
In
to
neglect of shipmaster to comply with

the Ordinance.
on liable,
of refusal case or neglect on comply with the provisions of being convicted, in any case for
a
the this which
part of any Ordinance,

no
master
of
he
shall be
provided,to
twenty- four
39. such
In
fine
of
not
less
than
len
dollars
and
penalty is specially not exceeding required by this neglectsto do

have
dollars.
case
Power Harbour Master
to the to do
any
to
where
the
master
of
master
vessel refuses
is
or
Ordinance
any act not done by
act, the
any
any Harbour expense
do
act, and Master
such is
hereby
same same
authorized shall be
to
such
from
act
and df)ne,
attending the
in the
master.
recovered
such
shipmaster.
master, in addition
may
to, and
manner
as, any
penalty which
be awarded 40.
In all
against such
cases
Mode of found
of sale seized.
where
property
or
authorized 41. under

their All may the
by
this
Ordinance,
seized is sale of property found or any such sale shall be by publiccompetition.
Procedure and
appeal.
be
*S'ee Ordinance No. 12
this Ordinance under and forfeitures incurred fines, penalties, Harbour Master the complained for and recovered by for the time being in force provisions of any Ordinance
0/1893. regulating procedure before

summary
StipendiaryMagistrates in
the
exercise
of
See
Ordininee
No. 13 of 1893.
-and the proceedings shall be subject to jurisdiction, the appeal provided by any Ordinance bein"; in force for the time from the decisions of Stipendiary regulating apj)eals Magistrates.
A.D.
1856.]
PRESCRIPTION.
[No.
1.
277
ORDINANCE
An
No.
OF the
1856. Laws and

to relating
a.d.issb.
*
Ordinance
the
to alter and
aineiid
of Prescription
certain
Actions
Claims.
[24thSeptember, 1856.]
it enacted and
consent
by
the
Governor of
of
British
Guiana,
with
the
:
"
advice
of the Court be
Policythereof,as
as
follows
1. This 1856.
Ordinance
may
cited
the
Ordinance, Prescription ^
Short
title.
document Ordinance, the word Interpretation writing means any o^t^rm. and wholly written, or wholly printed, or partly written partly printed.
" "
2. In
this
3. Every action
or
and
not
suit upon
other
writing
or
to relating
note. any bill of exchange,promissory lands immovable or property or the

be
Action
on
bill
"\exchange,
produce
time
usufruct
shall thereof,
brought within
six years
from
or
the
at which
the amount become due.
claimed
in respect of such
bill, note,
other
writinghas
4. Every action and suit by brought within six years next

-^
any
ward
the
againsthis guardian
time when such
shall
be
has
Action ward
by
after
ward
attained
,,
"
agamst guardian.
majority.
Action
5. Every action and suit against any executor, attorney, or agent, render accounts, shall be brought within four years after the next time when such executor, attorney, or agent has ceased to act in such
to
against
executor, etc.
capacity.
6.
Every
action
and
suit
for
any
movable
property,
movable
or
upon
or
any
to
Action
for
contract, bargain,or
recover
agreement
without
to
recover
relatingto
property,
account
or
sold and
cause
debt,or shall delivered,

or
money book
lent
of action
or acknowledgment upon any the value of any goods or any salary be brought within after the three years next suit has arisen.
written
'^\"^'^^'; ^' 1' ^
7. Every action
servants
and
suit
for
the
one
wages year
of
next
labourers, artisans, or
after the time
Action ^^f^^''-
for
shall
be
brought
become
and
within
when
such wages
have
due.
suit for any
or illegal
8. Every action
excessive
levy,injuryto
or
Action
for
movable property, whether or ing, or false imprisonment, and
immovable,
every other
assault, battery,woundaction suit in which shall slander) action

or
fgxc'^yt^fo libel
and
slandei).
damages may be recovered (saveand except for libel or be brought within three years after the cause next of
has arisen.
suit
9.
within words
Every
one
action year
and
next
suit for after
libel or slander any tlie publication of the
shall said
be
brought
or
Action lilêlor
for slander,
libel
the
spoken.
No
or
10.
whether
term
of
prescription provided by
or
this
Ordinance
may
be
Waiver
or
waived,
the
right of action
has been
any
suit continued
or
there
I.
part-payment
further for any unless such not,
period continuance
waiver 19a
of
prescription.
VOL.
278
No.
1.]
continuance
no
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1856.
or
is in waiver of
writing, signedby
or
the
party
and
such
continuance
term original
prescription,or
may ha
shall at any Ije liable to from
bound thereby; period exceed the stamp duty, but such

to
be
one
waiver Eight
action of heir, in
or
continuance
a
renewed
time
to
time. suit of
11.
this and
If
etc., to bring
case
Ordinance if the
entitled to person dies before the

of .such action may
bring any action of the expiration

or
or
mentioned
in
term
prescription,
or
of person entitled
cautê
suit
or
survives, his heir, executor,

suit after
one
dying.
administrator said
bring such
does
so
action within
the
of expiration the
the
term,
provided he
year
from
death
of
such
person. Liabilityof
heir, etc., to be sued
case
12.
if the
If
in
brought
dies
person before of such
the
against whom expiration

or or
such action any of of the term

same
or
suit
may
be
and prescription,
of person liable to action
cause
action
suit
survives, the
after suit
or
against his heir, executor,

said year
administrator action
the is
dying.
term,
from
provided
the death
that of
to
such
be brought may expirationof the brought within one
such the
person.
terms
Prescription
not to
run cases
13.
With for
respect
actions
or
of
in
suits,if,at
the
certain
of absence, or from disability
suit accruing, the
defendant
ever
is absent
providedby this prescription of the right of action time without ever having been in
attorney
or or
dinance Oror
the
Colony, or
him of in the
without
or
having had
reason
an
agent
of
to
or
represent
minority,
coverture,
therein,
force
if,by
or
usanity, etc.
plaintiff in this Colony forbidding actions

either
of
the
minority, defendant, or if,by reason

or
of
the
coverture,
insanity
suits
any Ordinance cumstances under certain ciror
party
is disabled
from
bringing
such
defending
or
such
action
or
of prescription of suit, the period

run
action when
suit
shall
begin
from
of Rmming prescription when begun.
to
in
the
Colony
the time such from case every such has ceased. or disability absence
or
such
absence
14.
other
When
such
has disability
to
ceased, and
run,
no
the
term
of
or
has prescription
thereupon shall be allowed disability being completed.

15.
within In the
case
commenced
to
new
absence
prevent
such
from prescription
Effect
of
sentence of absolution of instance

on
term
any of
action
or
suit
hereinbefore
behalf is
is brought specified
a
in prescription of the
or
that
limited, and
be
.sentence
absolving
reckoned 16.
as
the
defendant which such
instance suit
term
temi
of
periodduring
action such
prescription.
forming
Ordinance
or
sum
part of
shall money
pronounced therein, pending shall not may of prescription.

and
on
the be
of Application the
to
This
be deemed founded way such
taken any
cause
to
apply to
of action the
the
or
case
Ordinance set-off and in
of any debt hereinbefore
of
suit any
mentioned in all
"
claim
allegedby
wherein and claim
or
of
set-off
can
on
part
of
reconvention.
defendant,
and the
cases
set-off
be
legallypleaded;
in ance this Ordinin
woids
action"
"suit"
used respectisely
for
or
shall include of the

causes
every of action
in reconvention
respect of any
suit hereinbefore shall any

in
mentioned.
way affect the
Non-applicationof certain and the matters
17.
lu-nds any
^jjg Qrown
or
Nothing in this or apply or

immovable
Ordinance
extend
to
any
rights of
in
or
or
right,title,or
servitude
or legal, or
interest
to to
things
mortgage,
or
property, or to any whether written, tacit,or

or
easement,
any Act of
or
to
Verother
specified.
weezing,
evidence of the
to
of
any definite sentence, debt issued hy any bank

to any
to
any
note, bond, bill,

or
corporation,
hereafter
to
l)y
or
on
behalf
Colony, or
claim
now
or
be filed
against the
A.D.
1857.]
DISPENSARIES.
the
[No.
the
2.
279
proceeds of
any
or
balance hereafter
in estate any of any closed to bo
Registry of
or
Supreme Court,
or now
to
estate,
the
to
any
unclaimed
dividend,
in deposited
Colony
Chest.
OKDINANCE
An
No.
OF
1857. proa.d.i857.
Oedinance
for
establishingDispensariesand
Attendance
m
vidingMedical
Colony. [22nd July, 1857.]
this
WHEREAS and dispensaries,

far Be
as
it is necessary likewise the the
to practicable
provision for establishing assistance as affordingmedical inhabitants of this Colony :

to
make
for
it therefore and
consent
enacted
of the
by
Governor of
as
of
British
Guiana,
follows
:
"
with
the
advice
Court
Policy thereof,as
the
1. This 2.
Ordinance
may
be cited
Ordinance, Dispeosaries
1857.
to
short
title.
"
(1.)It
to
shall be lawful
a
for the Governor-in-Council,from

any
time
Power
to
time,
establish
dispensaryin
place,and
the
Governor
may
estabUsh
ispensar
fit and appoint some Notice of (2.) the

name
to the charge thereof. proper person such the establishment of any dispensary,and of such of the person the and of so place at which appointed to
is dispensar}' in
one
be
kept, shall
and
be
other
newspaper,
be
publishedin generallymade
The
known
Gazette and Official in the bourhood neigh-
thereof.
Qualification (1.)No person, other than one alreadyduly licensed as a chemist "^ dispenser, such dispensary shall be appointed to the charge of any druggist, until he has been examined by the Surgeon General, assisted by such as other medical practitionerand such known dispenserof medicines
3.
"
and
he has
with himselt for that purpose, associate may obtained from them he is certificate that a
nor
until
such
possessedof
danger,
person sufficient the
to knowledge and attainments custody and issue of medicines. (2.)It shall be lawful for
be
the
entrusted, without
Governor,
with
if it appears
to
necessary
to
do so, to
son
remove
any
person
so
appointed,and
appoint another
to make
pei'-
in his
place.
for the Governor-in-Council
for practitioners be established such practitioner under this
4. It shall l)e lawful

with any pay
agreements
at to
duly dispensarywhich
to
medical qualified
may
attendance professional
Making of agreements pi-actitioners.
Ordinance, and
as
evex'y any
such such
medical
I'emuneration
may
be
fixed 5.
by
agreement.
Every
shall issue titioner orders
person medicin(!s
appointed
to
the
charge
the
to
of
any
such
dispensary Dispensing of
pracall such
medicines,
shall be The
assigned duly signedby

Governor-in-Council
of
a
free of cost, upon by the Governor such may

any
order
of the
thereat
medical
; and
attend
medical make
practitioner.
arrangements special
which it may for the Making
of
6.
management
dispensaryin
place in
be desirable
special
'280
No.
to
2.]
establish
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1857.
obtain
aiTangements
the of
same,
a
but
at
which
it may
^^^ attendance in^certahrcases^
duly
which
medical qualified may be incurred
to impracticable practitioner.
be
Defraying of
expenses.
7. All
charges
for
carryingout
of such
sums
any
as
of may
the be
of this Ordinance provisions granted by the Combined
shall be
paid out
Court.
OKDINANCE
A.D.
"
No.
OF
1858.
1858.
An
Ordinance
to
repeal the
Laws
"-^"
Ordinance
7
See No.
s.
relatingto Usury. [6th January, 1858.]

of British of
of 1893
35.
BE
title.
it enacted the
by
the
Lieutenant-Governor
consent
Guiana, with
as
advice
:
"
and
of
the
Court
Policy thereof,
of
follows
Short
1. This
Ordinance 1858.
now
may
be
cited
as
the
Usury (Repeal
Laws)
Ordinance,
Repeal of
laws
2.
All
laws
existingin
is of of
this
Colony against usury
are
hereby
against iism-y.
repealed.
3.
Where interest
now
Legal rate of
interest in
for implied, any upon of law, the Ordinance
payment
or same sum
the
payable upon current or legal

interest is shall
any
rate
now
contract
expressedor
where rule any if this
of
interest,or
as
existing
contracts.
debt
rate
money of interest
payable by
recoverable
be
had all
not
been
passed.
of
so
Rate
of
4.
contract
In
proceedingsbefoi'e
no
interest where
no
in which
rate
any interest thinks
Court is
of
Justice
founded the per
upon
Court
cent,
named, specifically
the
rate
rate fixed.
shall per
award
interest, if it
and
no
fit,at
of
six
annum
more.
ORDINANCE
An
No.
OF
1858.
A.D.
1858.
Majesty's transferringto Her State for of the War ment DepartPrincipalSecretary

certain
Ordinance
for
Powers
and
Estates
in this
Colony.
[18th December,
1858.]
holden
in
WHEREAS the.
all the
or
by
and
an
Act 19th
of years
the of
Session Her
of
Parliament
18th
of Her otHcers Majesty's by, the principal United the Ordnance, them, throughout Kingdom were any transferred vested in Her to and Majesty'sPrincipal Secretaryof State for the War Department ;
or or
exercised
and powers exercisable of
estates
which
had
present Majesty, chapter 117, been theretofore vested in,
And
are
whereas
it is
expedient
Parliament State
that
the in in
said
by
the said Act
of of
the
powers United
and
estates
which
in
the
said
Secretary
to
should
this
Colony
Kingdom be by local
State
:
vested
ment enact-
transferred
and
vested
in such
Secretaryof
A.D.
1859.]
APPOINTMENTS
TO
PUBLIC
OFFICES.
[No.
1.
281
Be advice
it therefore and
consent
enacted
of the
by
the Governor
of
of
British Guiana, with

follows
:
"
the
Court
Policy thereof,as
as
1. This
of
Ordinance
Lands) Ordinance,
2.
tier
]je cited may 1858.
the
War
Department (Vesting
for the
to beinj^
Short
title,
Majesty'sPrincipal Secretary
of
State
time
Vesting of
Her think fit to entrust the Seals of the War iMajesty may tir*""' etfl'ln in office, shall have, possess, exercise, and Department, and his successors Hecretary of ^"r War. ''^^"^^^ enjoy in this Colony all and singularthe powers, estates, privileges, and immunities whatsoever which been have at authorities, rights, any whom time before the the
commencement
of this Ordinance Her
vested
or
in
or
exercised
by
in this
prmcipal Colony.
the
officers of
Majesty's Ordnance,
any
of
them,
Vesting of
3. before
All
and lands,buildings,
property
the
said
whatever
in this
were
Colony which,
vested in the
on
taking
effect Her which
of
recited
Act,
or
ijindTin the
Colony in the
principalofficers of of Her Majesty, or

ment
Majesty'sOrdnance,
have been
at
any
of
them,
behalf
any
time
before the
commence-
uf"^*i''\y^
have the
of
this Ordinance in the

name
taken
by or Majesty for
been
are
held, used,or occupied, or purchased,vested,or of,or by any person or persons in trust for,Her
service of the said
the
use
and
Department,
and
v/hich
not
same
or sold,aliened,
in the lasthereby declared of State for the behalf of mentioned time on PrincipalSecretar}'^ being when and often Her the said last-mentioned so as Majesty ; and PrincipalSecretaryof State, and any succeedingPrincipalSecretary of Her State the Seals of the War to whom Majesty may have entrusted such office, the said several lands,buildings, to hold Department, ceases and property, and all lands, buildings,and property in this Colony which be purchased or otherwise hereafter may acquired by any such last-mentioned Principal Secretary of State for the time being on behalf of Her by virtue of this Ordinance, be absolutely Majesty, shall, divested out of such Secretary of State so ceasing to hold such office aforesaid and as to shall,by virtue of this Ordinance, be transferred and in the said office immediately upon his vested in his successor tlie Seals of the said Department absolutely, receiving accordingto the and thereof nature tenure respectively.
parted with^ shall from henceforth vested to be, transferred to and
be, and
ORDINANCE
An Ordinance
to
No.
OF
1859.
to
regulate Appointments
Public
a.d.
i859.
*
Offices in this
Colony.
[24tliAugust, 1859.]
doubts of and
WHEREAS uniformity
Public Be it therefore and This
.
it
is
iji
expedient
in this
to
remove
to
establish
to
respect of the mode
making appointmeuts
Offices
Colony
the of
as
enacted
of the
by
Governor
of
British
Guiana,
foUow^s
:
with
"
the
advice 1
consent
Court
Policy thereof,as
the Public Offices
Ordinance
1859.
may
be cited
(Appointments)
Short
title.
Ordinance.
282
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
now
1859.
in the
to
Appointments public offices

in the
to
2. In any
this
case
in
vested be His
Colony,
and
the
which, by appointment
made for
any
to
law
or
Ordinance
in
force in
be
Governor
Governor to be
thereof for the time

shall His be
public any being,such appointment

and in the
name,
office is vested shall
taken the
subject to
and
Majesty's
for
subject to
approval.
Provision
of approval,
Majesty,
acting person appointments to publicoffices. office
of the Governor, in the absence case or incapacityof any holding any publicoffice, appointing any person to act in such such person so during such absence or incapacity, appointed shall, of the office,have and exercise all the during his tenure powers, and privileges, and perform all the duties appertainauthorities, rights, ing and all acts, matters, and to the same, things done and performed by such person during such temporary tenure shall be as legaland valid and if done as performed by an officer entitled to hold such office permanently.
3.
In
ORDINANCE
A.D. 1859.
*
No.
vest
OF
1859. certain
An
Ordinance
of Land
to
in Her
Majesty
Parcels
jârtof Georgetown called North of Cumingsburg, East Ward, for the Establishment
Public
in that
Lunatic
Asylum.
["28th September, 1859.1
accommodation
for the of
a
WHEREAS quite
become it Governor
was,
on
the
present
insufficient
for
lunatics of the
requirements
the of
and
Court
in that the
same
11th day Policy that
July, 1859,
Public Lunatic called North
resolved
having Colony, by the
be established East
part of Georgetown
or
Ward,
on
lots
parcels of
most
land
hereinafter
Asylum should Cumingsburg, more particularly

purpose be
:
described,the
And with vested Be advice Vesting
and of
being the
site eligible the said
for that lots

or
whereas all the
it is
expedient
that
of land, parcels
in Her
buildingsand erections thereon, should Majesty for the publicuse of the Colony
enacted of the lots and
forthwith
it therefore and The

consent
by
the
Governor of
of British
Guiana,
f(^llows mentioned erections Her
:
"
with
the
Court
Policythereof,ass
of lots of land and buildings in
several
to this
portions
with
in
the
for
Schedule Uiildhfi Majesty,
Ordinance,
same
all the
thereon,
in Her
shall be and
the
of
Schedule.
the
publicuse
the
vested are hereby absolutely Colony.
Majesty
SCHEDULE.
Section 1.
Table
of
Lands
Vested.
284
No.
2.]
as
THE
LA
WS
OF
BRITISH
GUIANA
.-
[A.D.
the
1861.
pattern
General.
Eeturn collar
or
may
from
time
to
time
be
approved
of
by
Receiver
of label.
Every person, before be shall be entitled to take out a fresh licence a dog, shall return to the Commissary of Taxation any collar with label formerly given to him in respect of the same or dog, together all collars or labels given to him in any previousFinancial Year.
9.
to
keep
Power
to
10.
Taxation
Every dog
round for the
found
destroy dog
not liavinc; collar or label.
having
officer of
his neck then
out in any place other than private premises withcollar or label issued a by a Commissary of Financial rural Year may
current
be
destroyedby
shall be
any
town police,
constable,or
constable.
collar
or
Counterfeiting
collar
or
11
of
a
Any
label.
person with
counterfeiting any
and, being
or
such
label
guilty
misdemeanor,
year.
convicted hard
without
prisonment thereof,shall be liable to imlabour, for any term not exceeding
one
Penalty
on
12.
to
"
(1.)Every
out
person liable to take out licence

not
so.
take
any any
an a
who fails or neglects, without person licence required to be taken out by him for the
lawful under Taxes pay
excuse,
the shall for
visions pro-
of
Ordinance
of not
raisingof
two
Colonial
be
doing
guilty of
such
offence, and, being convicted

sum
thereof,shall
and
not
each
offence
less than
dollars
exceedingforty-
and eight dollars, time

to
shall in addition, with

taken
out
a
of
"
conviction
all costs, if he has not at the that is licence, pay the sum following,
say,
(a.)Where
of the
to
the licence is Financial
one
that
sum
can
be
obtained the
for the said

or a
whole
Year, the
the licence is
one
requiredby
Ordinance
be
paid for
the
for the whole that
(6.)Where
or
licence
sum
year ; is issued for
the occasion,
requiredby
shall
the said
Ordinance
act particular to be paid
for the said
licence.
sums
(2.)The
as
said
two
be
deemed
to
be
and
shall
be
covered re-
one
penalty.
payment
that
can
(3.)On
licence is of
one
of
the
penalty
as a
with aforesaid, whole the

a
be
of
granted
Year
the
for
portion
person Year.
the
Financial time for
for which
year licence
and
was
all costs, if the there is any requiredthen

to
unexpired at
the
conviction,
licence
shall be issued of the said
the
convicted
such
unexpired portion
Financial
paid by the person convicted in respect of (4.)The whole amount General payable for the licence shall be paid to the Receiver of the Colony, without for the publicuse (Amd. by 28 any deduction. of 1902 2 (1.).) s.
the
sum
Eight to
transfer
on
licence
certain
conditions.
of any licence issued under or by virtue of the (1.)The owner for the raising of Ordinance of Colonial Taxes shall be provisions any hereinafter transfer the for the to at liberty, as ."âve same mentioned, that thereof, the term or provided premises,chattel, thing unexpired is the subjectof such which licence are with, thereis transferred or are or and provided that tlie transfer and the date and hour thereof are such licence the endorsed of the on by Commissary of Taxation
13."
District.
(2.)The
or
owner
of of
licence
taken
out
in
respect of any
shall the and deliver business
business
to
or
trade
desirous of
on,
a
transferringsuch
of the District the
licence
in
the
Commissary
is carried
Taxation notice
which
trade
of
signed by
Transferor
Transferee
the
A.D.
1861.]
transfer of the
MISCELLANEOUS
LICENCES.
in full the Christian
[No.
names
2.
285
intended
settingforth
and
to
and
names sur-
transferor
their ti'ansferee, the licence is
nature
of the business
in
which
and
situation
which
the
business
respectiveaddresses, the the precisepremises relates, carried orf, giving the lot,street,
the
of in
time pay to village, town, city or plantation,and shall at the same of $5, for the benefit of the general revenue. said Commissary the sum on receiving the notice (3.)The said Commissary of Taxation
intended
the Gazette the
transfer and in
shall
one
forthwith
cause
the
same
to
be
advertized
other newspaper in the Colony,for 1 4 days from shall in tlie said in the Gazette, and publication notice notifyto all persons $100 for a liquidated having claims of over and being desirous of opposing the transfer sum againstthe ti'ansferor, of the said licence that they may give to the said Commissary a notice the said in writing objectingto the said transfer at any time within
date
of the
first
fourteen
days.
objects to
bet'ein before said licence claim such
(4.)If any person Commissary notice,as

shall
not
transfer
such
and
gives the said
provided for, the

until
said
Commissary
has had
an
transfer
the
person
opportunity of
always
that if after
enforcing his
by legal proceedings:
Provided
such claim not to enforce are begun within proceedings of the notice of the such seven days Commissary receiptby with within citation be the not seven Registrar objectionor lodged of such days after the commencement proceedingsor if proceedings been abandoned, and such proceedingshave having been commenced
dismissed, or
in
a
production
of British
citation
was
of
terminated any way certificate of a Sworn
the
said of
Commissary
the
was
shall, on
that the
Clerk such of
Office Registrar's filed said

or
Guiana, of the date that lodojed or the termination

licence.
claim the
suit the
s.
Commissarv
shall transfer the said
(Amd.
of
2 of
1899
3.)
Transfer
14.
in
or
Licences.
The
owner
of
any
Georgetown, New by virtue of the

Taxes,
to
or store, shop, office, the rural Amsterdam, or
counting-house
districts for issued the
licence under of
Eight
or
to
transfer
store
new
shop
licence
provisionsof
be at
any
Ordinance
raising
to
under the same premises, licence, to transfer liberty, certain in such those licence,conditions. premises than specified within New Amsterdam, or the rural districts respectively, Geoi'getown, for the unexpired term thereof,provided that the transfer and the date and hour thereof,and a description endorsed of the new are premises,
Colonial
his shall
on
business
other
on
such
licence
by
the
provided
or
further
that, if such
Commissary of Taxation new premisesare
of
the in
District, and
situate
Georgetown
at the time of such Amsterdam, the holder of the licence shall, the from i f such new transfer, difterence, any, arising premises pay up rated at increased the valuation former to an being premises, such difference to be computed and paid from the last precedingquarter-day
New
of
the
year
but
no
abatement
case
shall be allowed
at
a
premises being
premises.
15.
either
"
in any
rated
less valuation
in respect of tlie new the former than
(1.)The
of the
transfer
two
of every
licence made
under
be
the
of provisions from
Register of
ti''i"sfers.
last
in a book of Taxation duty, and shall be to be kept by him for that purpose. from such certified and (2.)Any extract signed by a register, in all Courts Commissary of Taxation, shall be received in evidence in this Colony, without productionof such register. whatsoever
preceding sections shall registered by the Commissary
exempt
stamp
286
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1861.
(3).Every
four
cents,
on
Commissary shall be entitled to a fee of twentygiving off any such extract, to be paid by the party
such
same.
applying for
Prohibition of
the
16.
licence
If any
jiersoii using
or
trading
another
granted or
under
trades, or
his
same
lends to any other person lets out, hires, or any person if any transferred makes to him, or of, use person in any acts with, under, or by colour of any licence way is not other person, to any inserted the name as
or
person's
licence.
granted or transferred
real
name
of the
any
licence
in
which the
of
person
to whom
is granted or transferred,eveiy person lettingout, hiring,or or lendingany such licence, and every person making use of,trading, acting in any way with, under, or by colour of any such licence, shall, each of them forfeit and and pay and for each such offence
a sum
of
not
less
than
licence that
five
dollars
not
and dollars, exceedingforty-eight

become null and void
:
each
.such
shall be
forfeited bond
Provided
always
may for
case
of any licence fide employed by the owner any person with such make and and under licence act use of,trade, lawfully the exclusive benefit of such owner : Provided, also,that, in the of a huckster or licence, Colony craft licence, the name gun licence, sucli person be endorsed
so
of
honcl
fideemployed
the
or
must
be inserted and hour of
in such
licence, or
a
thereon, with
of Taxation
date
a
endorsation, by
which
or
Commissary
case
to
Magistrate, in St^'pendiary within such Magistrateshall, seven days thereafter, send the Commissary the particulars of such endorsation.
by
last
deliver
Marking- of
Painting of
name
Licensed who the
Vehicles
and
Premises,
etc. cart
17.
shall
"
(1-)Every
his
name
and
on
number
have
person and
keeps
number upon
any of
a
carriage or
his licence white
for
hire
carriage or cart kept for

hire.
letters legible upon

cart.
a
and
in figures,
black
painted in plain ground or in white

of such
black ground, upon

person who
some
conspicuous part
or
carriage or
or
(2.)Every
any
uses
suffers to be used, for hire

such
name
wise, other-
such
thereon
carriage or
as
cart
without
and
number such
being so
offence
painted
a
aforesaid
shall forfeit and
pay
for each
sum
not
dollars. exceeding forty-eight

not cab, or apply to any carriage, for hire in of Georgetown or springs plying passengers which the the Public miles from to Georgetown Buildings
Provided other within Town

Painting
of certain
on particuhirs
that
this section
shall
vehicle three Council
on
Ordinance, 1898, applies. (Âmd. 2

person Private and is who
"
of 1899 than
s.
4.)
shall
18.
have
"
(1.)Every
word
name
"
the
and
keeps any also,if a

of
cart
other
is
for hire
licence
in respect I'equired if such

cart
cart
not
kept
for hire.
thereof, his belongs to,
the
number
such
licence, and
and
cattle or plantation, in letters and figures, black ground, upon some 1899
s.
in the service of, an estate, exclusively used farm, the name thereof,painted in plain legible
black
upon
white
ground
of such
or
in white
upon
2
conspicuouspart
cart.
(Amd.
of
6.)
(2.)Every person who uses or suffers to be used any such cart the particulars hereinbefore required in that behalf being so not offence a sum thereon shall forfeit and painted pay for each such dollars. exceedingforty-eight
without
Labelling of
licensed and bicycles other cycles.
19.
keep
for
when issuing a licence to (!")Every Commissary of Taxation other cycle, whether or bicycle kept for the purposes of trade or for private use, shall with hire or such licence give to the person
"
A.D.
1861.]
out
MlSCELLANEOJJii label of such

of the
LICENCES.
[No.
may
2.
287
taking
time
to
the be
same
size
aud
as description
from
approved by in such obtainingsuch lal)el shall affix the same person other and of which the label the to to such manner or bicycle cycle part relates as 'is requiredby the Receiver General. (3.) Every person who uses or suffers to be used whether for trade hire or otherwise, aTiy bicycle other for which licence is or a or cj'cle General by tlie Receiver requirednot having affixed thereto as required the label issued therefor during the then current Financial shall year for each offence be liable to a penalty not exceeding forty-eight dollars. Officer may seize any or (4.)Any Commissary of Taxation peace bicycleor other eycle found in any placeother than privatepremises and which has been used without having affixed thereto as required by
time
Receiver
General.
(2.)Every
law and
label issued for the

the
same
then the
current
Financial
year
same
and
or
may
remove
detain
until
person
using
the
be
has such
used been
has
been proceeded againstand the duly paid or recovered togetherwith of
it to suffering penalty (if any) incurred all costs
of removal, and
as
costs
removal
may
be
recovered
if not has
paid
been
if
the
to
same
formed
part of the penaltywhich

person and with
the offender such
sentenced
be
not
pay.
a
(5.)Any
misdemeanor
counterfeiting any on being convicted

without hard
label shall be
shall
term
guiltyof
liable
thereof
for any
to
imprisonment
one
or
labour
exceeding
of
on
year. (6.)In
case
of be
label
lawful
being
for
lost
or
stolen
during the
of
course
the
year stolen
it shall
the
Commissary
Taxation
being
satisfied of the
on
loss to issue
payment
s.
of
label in place of the label so lost or fee of ninety-six cents. (2 of 1899 s. 5, amd.
another
s.
by
5 of 1901
9 "
26
of 1903
18.)
Painting of
number
o o on
20.
a
"
(1.)Every
or
licence is
may
who keeps any Colony craft in respect whereof person the number of such be requiredshall have licence the
stei'n to
or
painted in
without
and pay
plain legible figures upon

person number such who
uses so or
bow
be
of such
craft.
ly
(2.)Every
such
suffers
being
painted thereon
a sum
as
used such craft any aforesaid shall forfeit
for each
offence
not
exceeding twenty-fourdollars,
(s.19.)
21.
any
a
"
(1.)It
or
shall
be lawful
police otHcer
constable,to
for any seize any
animal not'^' drawing the same), or any oJ^raft under the have accrued last of three marked, penalty or forfeiture may any and detain until such the same preceding sections, and to remove penalty or forfeiture is paid, togetherwith all costs of removal, and the hereinbefore until required in that behalf are duly particulars painted thereon at the owner's expense. (2.)In case such penalty or forfeiture is not paid upon conviction, as aforesaid,such carriageor cart togetherwith all costs of removal with any animal drawing the same), or craft,as the case (together may
of Taxation, or any with carriage or cart (together Colony craft,in respect whereof
Commissary
Liability
seizure of
to
be,
and
shall shall
be
liable
and
executable
of the
for
the
amount
thereof,with
and of such
costs,
if the
be sold
such
by order
are
convictingMagistrate;
for the
proceedsof
or
sale
not
sufficient
payment
penalty
with forfeiture,
costs, the
and
such 22.
"
payment
party convicted shall be liable for the same, shall be recovered by distress, (s.20.)
person who is licensed affix
a
(1.)Every
on
to
sell wine in
and
some
to
be drunk
the
premises shall
board
malt liquor Affixing of ^lotice-board conspicuous
288
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1861.
by
person licensed to sell wine dnnik and malt be the
the door and window placeoutside and over be painted, in plain legible letters,his name
to
of and
his
shop, whereon
words
;
shall
the
"Licensed
"
liquor to
on
sell Wine
and
Malt
in default
not
thereof,of
premises.
the on Liquor to be drunk for the and forfeiting paying
Premises
on
a
pain,
sum
first offence
and for the second exceeding twenty- four dollars and every dollars. of forty-eight subsequent offence the sum (2.)The offence of omitting to affix such board shall be considered and held to be repeated every ten days after any pi-eviousconviction and during which such board may be omitted to be affixed as aforesaid, to be a separate offence, (s.21.)
Affixing of
notice-board
23.
the
in
"
(1.)Every
districts the door
rural
over
who person shall affix a

or
is licensed board of
name
to
in
some
by
butcher
keep a butcher's shop in conspicuous place outside

whereon words
"
rural districts.
and in
window
his
shop,
the
shall
be
painted,
to
plain legibleletters, his Butcher's Meat on pain, in ;

"
and
Licensed
sell
default
and thereof, of forfeiting
paying
for the the
and for not sum exceeding twenty-four dollars, of fortyeightdollars. subsequent offence the sum (2.)The offence of omitting to affix such board shall be considered and held to be repeated every ten days after any previous conviction which such be omitted board be affixed as aforesaid, to during may and to be a separate offence, (s.22.)
a
first offence and
second
every
Giving
notice butcher rural
to
of
24.
the
"
(L) Every
districts
or
by
in districts of
to be
rural
who is licensed to keep person who intends to slavighter any any

ram,
butcher's
shop
in
heifer,
animal
to
calf, or
been
ewe,
sheep, or
or
bull,cow, ox, steer, lamb, shall,after svich
Police
has
to brought
one
his shop
to
the
animal intended
be
and slaughtered,
day
deliver
at
or
least
cause
previous
to to
is place where the same of to the slaughtering
slaughtered.
such in
animal, be bound
Police
to
be
delivered
a
to
the in
person his
to
a
charge of the
and
Station
nearest
his
shop
notice
writing,
signed with
mark
his name, with to write, marked or, if he is unable attested of his credible intention witness, by some animal such
as
slaughter
brand and
such
aforesaid,and
as
such
notice
shall also
contain
as
of description
animal
to
sex
and
colour, and
to
might
be
any known
peculiaror
or
marks distinguishing further such animal his

to
by
the
so
which
such and
any aniiual of
and identified,
name
place
as
residence
has
of the
person
from
whom such
bought or slaughteredat some

at
procured
deliver
or
person and
hcensed
such
said aforeis
where
animal bound
to
place other
the
Police
than
shop, he
delivered
to
shall also be
a
the
same
time
to
cause
be
like notice
the
in person in default
not
charge of
Station
nearest
such
place;
on
and thereof, of forfeiting paying for each offence a dollars. exceeding fifty (2.)Every such person as aforesaid shall,if so required by any member of the policeforce,forthwith produce such animal at his shop the at where be it is and such or to place policeofficer slaughtered, may, if he has
reason
pain, penalty
to
suspect that
the
animal
such for
animal
a
has
been
not
stolen,
require such
seventy- two
to
person hours before

or
to
keep it. killing

animal
period
exceeding
Any
person
refusing or neglecting
for such
so keep any required shall forfeit and pay dollars. not a penalty exceeding fifty to keep the (.3.) Every such person as aforesaid shall l)e bound skin of every animal so slaughteredfor not less than three days after it has been skin for the and demand to produce such on slaughtered, of the policeforce or rural constable ; on inspectionof any member
produce
when
offence
A.D.
1861.]
in
MISCELLANEOUS
LICENCES.
[No.
each
2.
289
pain
25.
rural of the the with
default
thereof
of
penalty not
dollars. exceeding fifty
and forfeiting paying for of 1904 s. 2.) (20

to
or
oflfence
Every
districts Police
is licensed who person shall be bound to send Station

nearest to his
keep
a
butcher's
shop
in
in
the
Furnishing of
weekly
return
deliver to the person the
charge
shop
in descriptive specified particulars his name,

or, if
weekly return containing all last pi-eceding section, signed

with animals his
as
of animuls
slaughtered.
he is una])le
attested which such
by
have
some
credible
to write, marked witness, of all such
mark
and
aforesaid
return
of such week
;
offence dollars,
and preceding, in charge within three of each Police Station daj'safter the expiraticni and on pain, in default thereof,of forfeiting paying for each of not less than ten dollars and not exceedingforty-eight a sum
been
shall
be
slaughteredby by him sent
him
or
during
the week
to
delivered
the
person
(s.24.)
The person in
26.
charge
of any
such
such
said
Police
Police
Station
cause
as
aforesaid
same one
on shall, immediately be atiixed in a conspicuous placein
receiptof
weeklj'^ return,
the
the for
to
Posting up of weekly return

in District Police Station.
Station
week
after the
transmit the same to the thereof, and shall thereafter receipt Police him General of in be filed to as a by Inspector Georgetown, record in his Office, (s.25.)
27.
or
No
licence
shall be
to
granted to
any
or
person
to
to
permit or
allow
be given, had,
held, any
for money publicentertainment he the subscription,unless produces a certificate from Inspector General of Police or an Inspectorof Police,if in Georgetown, or from Justice of the Peace, Inspectorof Police, or Officer in charge of a a
or theatrical,
other
give,have, or hold, ball,dance, concert, or reward, or by
Certificate
required in
case
of licence
required for public

entei'taiument.
Police
Station, if in New
to
Amsterdam
such person is
or
a
the
effect that
in any part of the fit and proper person
rural
to
tricts, dis-
obtain
such
licence,
(s.26.)
Powers
of Officers,
28.
or
"
(1.) It
shall be lawful
for any
Commissary
from
or or a
of
Taxation,
or
or
any
Power demand
to
or constable, to demand exposing for sale any goods,wares, or using any fire-arm, keeping for hire
policeofficer
any
person
merchandise,
using
does the
licence is
or
for the same, in any be required; and may licence

or
case
in which
any licence in
not
huckstering production of carrying or huckster, gun, Colony Colony craft, his

or
respect thereof
craft licence.
such the
person for account satisfactorily
if such
produce non-production thereof,

or
forthwith
Commissary
detain
is licence
of Taxation,
such
or
the
such
policeofficer
licence has
constable, may
or
seize and such the
goods,wares, produced, or, if no

forfeiture
merchandise,
fire-arm
craft
until
been
taken
or
out, until
penalty or
incurred
or or
by
the
person
or
for sale such

or fire-arm,
goods,wares,
keeping
for hire
merchandise,
using
such
huckstering offering carrying or using such craft,is paid,togetherwith

the
such the
all costs
of removal.
(2.) A.11 such

case
goods,wares,
be liable and
or merchandise, fire-arm, craft,as
may
be,
upon of
shall
executable
for
the of of
amount
of
with penalty or forfeiture, oftender
conviction, shall
if the such
costs, and, in be sold
default
payment
the sufficient
by
for shall
by
order
convicting
the be
Magistrate
payment
; and
proceedsof such sale are not the party penalty or forfeiture,

and such
convicted
liable for the same,
payment
shall
be
recovered
by
distress,
(s.27.)
290
No.
on
2.]
If
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1861.
does
and after
not
Penalty
person licence
29.
any officer
not when
j)roducing required.
produce
who any person and deliver such of
has
taken
or
out
licence
to
or
licences
licence
licences
a
be
examined time be
a
read
such
an
by
Commissary
requests
the
Taxation
within
reasonable
he be shall
production of the
convicted
same,
guiltyof
offence,and, being
Power
enter
thereof, shall
liable to
penalty not
at
exceedingtwenty-fourdollars,
to
(s.28.) Commissary
and six any mule
30.
between
enter
on
It shall be six o'clock
lawful in the
for any
of Taxation,
in
or
any
hour
to
premises and mspect carriage,etc., kept for hire.
morning
o'clock
the
evening,
vehicle
to
for and
is any, premises whereon hire, or any horse, donkey, ov ascertain the

or
cart carriage,
other
kept
of any
or
for
hire, and
kept inspect
or
state
and such
condition
such mule. any in
carriage, cart,
other
Power search huckster's
to
vehicle
"
of any
horse, donkey,
of Taxation and
(s.29.)
constable
or
31.
of
or
(1.) Any
may
at
Commissary
any time open his
or
officer
Police
case,
inspect any
any vehicle and who
or
or
pack, box, bag, trunk,

which any
to
pack.
and
or
hawker,
stop and may carries huckster
inspect
pedlar,
such
goods, wares,
merchandise.
refuses allow
hawker, or huckster (2.) Any pedlar, Commissary of Taxation, or such constable trunk, or inspectany such pack, box, V)ag,
any
ten
officer of
case,
or
to
Police, to open stop or inspect

an
such
or vehicle,
attempts
to
do
so, shall
be
a
and, being convicted

dollars.
thereof,shall be liable to
or
guiltyof penalty not
offence,
exceeding
(3.)Any
and
pedlar,hawker,
with
detained
and
the
a
before
Assaulting
or goods,wares StipendiaryMagistrate, (s.30.)
be appreacting may hended pack, box, bag, trunk, case, or vehicle, be brought merchandise therein,until he can
huckster
so
such
Commissary
m
execution
any Commissary of Ordinance dollars. he
32.
If
person
Taxation
assaults, obstructs, hinders,

in the
a
or
molests
any
execution
of
of
duty.
shall of 1902
be liable to
s.
penalty not
this duty under hundred one exceeding his
(28
(2).)
Procedu7'e.
Onus
of
proof
33.
for the
Where failure any vehicles

or
in certain
taken in any proceedings omission to take out or
for the recovery

any licence
as
of any
to the
penalty
law in
proceedings.
required by
respect
of and of the
of
vehicle
or
or
animal, any
which the
question arises
number
animals and
used
owned the
permitted
of be the
pei'son proceeded against has kept has to be used or used, the burden
or
proving
and licence
a
number
vehicles used
animals the
kept
and
used, or
that he
owned
has
Onus
as
permitted to
for
used, or
on
by
defendant, and
each,
shall lie in whose
the defendant,
(s 32.)
or possession,
to
of proof dog.
34.
whose the
Every
house
or
person
custody, charge, or
is found the in
to
or seen
in
person
who
premises,any keeps such dog, unless

animal
or
dog
shall
be deemed
to
be
contrary is proved,(s.33.)
respect of which
own a
Onus
as or on
of
proof
35.
to
animal
Every
to
and
every
thing
or
licence
to
thing found premises.
permit to be used, use, use, found in law the same, the case is to carry as required, or be, by may the premises of the person on or by law required to take out such the control of, or being used or under in the possession or or licence, vant, permitted to be used by, such person, his attorney, agent, clerk, or serwhether period, acting or employed for a terra, for an undefined for a specialoccasion, shall be deemed or primd facie to be kept, or used, or kept and used, or owned and permittedto be used, or carried.
keep, or
to
keep and
and
292
No.
2.]
All be
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1861.
Procedure and
appeal.
12
See Ordinances No. and 1893. No.
0/1893, 13 of
shall be conducted as near proceedingsunder this Ordinance shall be and the form of to subjectto procedure, according may the appeal,provided by any Ordinances for the time being in force in before StipendiaryMagistrates the exercise of regulating procedure their summary and diary jurisdiction appeals from the decisions of StipenMagistrates. (S. 39.)
40.
as
Power order
to the
to
41.
under restored think
It shall
or
be
lawful of
for the of
on
Governor
to
Governor
deliverj'
by
virtue
manner
up of article seized under the Ordinance.
in such
any and
the
of provisions
terms
order any article seized to be this Ordinance conditions

as
such
and
he
may
fit to direct.
(S. 40.)
Penalty on
police officer
or
constable
not
aiding in
of
execution
tlie Ordinance.
lawful excuse, Every police ofiicer or constable who, without of the execution this aid and assist in refuses or neglects Ordinance, to other person thereto or when requiredby any Commissary of Taxation and pay for forfeit and shall be of shall whomsoever, guilty an offence, of not less than ten dollars and not exceeding each such offence a sum dollars. forty-eight (S.41.)
42.
Keeping and publication

of lists of licences.
43.
Lists
of all licences
issued under
Receiver
as
the
Tax
Ordinance and such
of the year
Hsts may shall
shall every year be kept l)ythe be publishedfrom time to time
General when the
and
Governor
direct.
(2 of 1899,
s.
7.)
OEDINANCE
A.D.
"
No. better the
OF
1861.
1861.
"
"
An
Ordinance the
for of
enforcing Disciplineamong
Church
of
Clergy
England
in
this
Colony. [28th August, 1861.]
WHEREAS Church
the of such
for
better of
the Clergy of enforcing discipline among England in this Colony, it is expedient that
for the trial of conduct and correction
be made should provision of offences or Clergy guilty Minister

:
unbecoming
of any the chai'acter
of
Christian it
Be
therefore with the
enacted
advice and
by
the
Lieutenant-Governor of the Court of
of
British
Guiana,
follows
Short title.
:
"
consent
Policy thereof,as England Clergy
1. This
Ordinance
Ordinance, Discipline
Interpretation
of terms.
"
be cited may 1861.

"
as
the
Church
of
2.
In The and
this
Ordinance,
"
Bishop
See Diocese
"
means
:
the
Bishop
Diocese
for the time
being of
:
the
Diocese
of Guiana
"
"
The
means
the
or
See of Guiana
"
Clerk
comprehends, Curate, Chaplain,

of the Church
includes, and
or
appliesto
every
or or
cumbent, Rector, InMinister authorized in
other
Clergyman
licensed
Holy by the Bishop

Appointment of Legal
Assessor.
orders
of
England,
the Diocese.
to officiate within
(1.)For the purposes of this Ordinance, must to appoint a Legal Assessor, who of not less than advocate, or attorney-at-law
3.
"
it shall be lawful be
seven
a
for the at-law.
Bishop
barrister
years'standing,
A.D.
and
1861.]
notice of his
CLERGY
DISCIPLINE.
be
[No.
Tlte
3.
293
appointment shall
publishedin
Gazette Official
for general informati'm.

and
(2.)Such Le^falAssessor shall hold office durin"? jôod behaviour, other fit and proper Bishop may from time to time appointsome of such Legal as aforesaid,in the room person, beint^duly qualified Assessor dying, resigning, or becoming incapable of discharging the
the
duties
absence
of his
or
office
Provided
always that,
in
case
of the
temporary
of any Legal Assessor, the Bishop may appoint incapacity to act in his place during such some temporary duly qualified person absence or incapacity. of this Ordinance, it shall be lawful for the tion, elecappoint from time to time, by periodical be an Archdeacon Clerical Assessor must to the Bishop, who or a of not less than seven a standing,and notice Clerk, being a priest years' of every such Gazette appointment shall be publishedin The Official for general information.
4.
"
(1.)For
the purposes
to
Right of
Assessor.
Cler{jy
Clerks of the Diocese
to elect Clerical
(2.)Such
Clerical Assessor
shall hold of the fit and of such
date of his election,and
the Clerks other

room
Diocese
office for five years from the in like manner may proper Clerical person, Assessor of
or
appoint, by election, some as aforesaid,in the qualified

or
being duly signing, dying,rehis office

:
Provided of any
some
the duties of discharging becoming incapable of the in case temporary absence always that,
Clerical
Assessor, the
said in
absence
duly qualified person or incapacity. (1.)On

the the
occurrence
to act
incapacity Clerks appoint, by election, may his place during such temporary
in the office of Clerical Appointment
of time and
5.
"
of any
vacancy
convenient tion day for the elecappoint some hour of meeting the place and of a Clerical Assessor, specifying Gazette at least two weeks by notice to be publishedin The Official vious preto the day of election. (2.)Every Clerk resident within the Diocese shall be entitled to Assessor
Bishop
shall
place of
election.
vote
at
every
such
election. may
(L) The accordingto the

6.
"
votes
be
like
or given either personally,
by
proxy, nating nomi-
Mode FoiTU
of
voting.
:
Form
to
No.
the
1 contained
in the
Schedule
to
ance, this Ordin-
Schedule No.
1.
or
in such
form
proxy.
under effect,
the hand
of the Clerk
by (2.)Every election of a Clerical Assessor shall be determined the of the Clerks present, includingproxies, the majority of votes be any Clerk selected for that purchairman of the meeting (who may pose by the majority) being entitled to vote, not only as a principal of votes. and proxy, but to have a casting vote, if there is an equality forthwith the to notify (3.)It shall be the duty of the chairman result of the election to the Bishop,
7. The
Registrarof
the Diocese shall be
shall act
as
secretaryat
entitled to vote as a proxy meeting, and no person instrument trar appointingsuch proxy has been transmitted to such Regishours before the time appointed for holding at least twenty-four is to be used. the meeting at which such proxy g,
"
every such the unless
Transmission
"
proxies,
(1.)Within
of
fourteen
days
for any
after
the who
election
of any Court
of
Clerical
correct-
Decision
of
^
Assessor,
ness
it shall be lawful
such
election
to
person may and the Grovernor petition
dispute the
ekction.^^^*
Policy,
forth the setting

VOL. I.
grounds of his
objection.
20a
294
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1861.
(2.)Such person shall be bound, within the said periodof with the Receiver of one hundred General sum a days, to deposit his and of the for to a as serve costs, petition secui'ity upon copy
Assessor
fourteen dollars Clerical
elected.
have valid full power
or
and Court of Policy shall (3.)The Governor the election after due inquiry,to declare authority,
case
and the
void,as
may Provided
act
be, or
to
make
such the
other
order Assessor
as
to
them
always that
unseated
on
Clerical
elected
seem : may proper shall be entitled to
until
petition.
lawful for the Governor
to
Summoning
of witnesses.
9.
order
"
(1.)It
shall be
to
and
Court
them them
of
to
Policy to
give
dence evithis under
person any in the matter
be summoned of any election
appear
before
petition before
such
or or
Ordinance.
(2.)If
of the
any Governor and
with any person, being served and Court of Policy, refuses in such
order
or
summons
neglects to
summons,
the time
shall be
place menti("ned
a
order
at appear such person
subjectto
two
fine
and
hundred
of
Evidence
on
the
Attorney
"
General
of Policy, and Court not ceeding exby the Governor recovered at the instance to be fortydollars, execution. by summary lawful for the Governor
as a
10.
(1.) It
to
shall be
and
Court
of in
Policy to
any such
proceeding.
administer
who any person may appear proceedingany oath or affirmation that may in any
witness
lawfully be
administered
Court
of Justice. witness who
to any wilfully gives a false answer tion queson put to him. or swears falsely may any oath, or falsely affirms any matter or thing shall be deemed guilty of perjury,and, before of British Guiana Court convicted thereof the in being Supreme its criminal shall be the and to pains penalties jurisdiction, subjected imposed on persons guiltyof wilful and corrupt perjury.
(2.)Every
that
be
Punishment Clerk
of of
1 1. Whenever
conduct of gross habitual
any
Clerk
is
guiltyof
of
a
guUty
misconduct.
unbecoming
or
the character
any immorality or other act or Christian Minister, or is guilty

on victed being conduty, he shall, provided,be punishable of the Bishop subject to the
neglectof
and
ministerial form
thereof in
manner
hereinafter
by suspension or deprivation, by sentence provisions of this Ordinance, according to

committed under this
; but
no
the
nature
of
the
offence
Clerk
shall be for
liable to be
an
deprived by
which,
if the
Ordinance
except
offence
to
any sentence committed in Ecclesiastical
England, would subject such Law of England.

Power to the
Clerk
by deprivation
Commis^sion**"^ charged and

of
case
Inquiry in
of Clerk
any Clerk, to the knowledge or belief of the Bishop, is accused, by common report, with any offence or neglectof duty punishableby this Ordinance, it shall be the duty of the Bishop,
12.
"
(1.) If
and
he
is for
charged with
misconduct.
hereby empowered, to issue a Commission into the probablegrounds and inquiring
as
hereinafter
of the
tioned men-
truth
report.
(2.) If
forth any and such such he is
delivers a charge in writing to the Bishop, setting any person the belief of such person, that has been guilty of any Clerk offence or neglectof duty, it shall be lawful for the Bishop,
here})yempowered,
for
if he
thinks
fit but
not
otherwise,to
and
issue of
Commission
inquiry into
to
the
probable grounds
by
the
truth
the
of Proceedings Commissioners.
charge
"
13,
(1 )
The
Commission the Form
be issued
Bishop
as
aforesaid
to
^^^nW be
accordingto
No.
2 contained
in the Schedule
this
A.D.
1861.]
or
CLERGY such
other
to
DISCIPLINE.
[No.
3.
Schedule Form No.
295
Ordinance,
and
form
as
may
suit the circumstances
of the case,
shall be
directed
to be chosen standing, to be appointed by the Governor. shall have full (2.)Such Commissioners chargesagainstthe accused party, to cite him
Clerks, being priestsof seven years' any Ijythe Bishop, and to any Stipendiary Magistrate
two
2.
power
to
inquire
into
summon
the
before them, to
all necessary witnesses them and examine oath, or upon solemn upon affirmation where in cases ailirmation is allowed an by law instead of
an
oath, and
one
to
adjourn from
at
a
week
case
time, until
to
answer
ex
(3.)In
not
the accused
not exceeding day or for a longer period, inquiryis concluded. does party, being duly cited to appear,
day
to
the
attend, or
lawful
refuses
to
before
the
said
Commissioners,
be
lawful the
it shall for the
be
for them
proceed
attends,
or
parte ; and
also
it shall
accused self
or
party, if he by his counsel

such
to
cross-examine
to
witnesses, by him
attorney, and
be
heard
by
counsel
or
attorney.
(4.)All
that the
same
preliminaryproceedingsshall
any
or :
the specialapplicationof the accused

or
be public,unless, on direct party, the Commissioners
part thereof
summons
"
shall be of the
private.
to
14. The citation party shall set forth

First
"
Commissioners
the
accused
of Requisites citation.
Whex-e
charge is delivered,the
name
and
cases
place of
the time
to
abode
of and
the party delivering the same, and in all the place where, each offence is allegedor
when,
have
reported
been
committed,
;
and
the
nature
of
each
offence,with
and the
reasonal)le
sion preciplace
and The
names
Second
"
of
the
Commissioners
time
and
appointed for the

15.
A
on
of the Commission. sitting
copy
the
abode, ten such service, all proceedings thereunder

accused
Service of of every such citation or summons shall be served personally citation. accused place of party, or at bis usual or last known clear days at least before the inquiry, and, in default of
shall
be
void,
unless the
the mission. Com-
party voluntarily appears
at
the
proceedings under
16. After the inquiryhas been concluded, the Commissioners, or a Report of majority of them, shall transmit to the Bishop, under their hands, the Commissioners taken before depositionsof witnesses them, and also their report whether not there is sufficient prima facie ground for instituting or the provisions of this proceedingsagainst the accused party under Ordinance, and such report shall be filed in the Registryof the Diocese, and the Bishoj) the application of any party interested, shall, on cause to be delivered to such on party a copy of the said depositions, payment to the Registrarof the Diocese of twenty-five of the sum cents for each folio of ninety words of the same.
is
Commii-sioners,or a majority of them, report that there Etiect of primd facie ground for instituting against h^'^'^^s^^'' proceedings the accused party, the report of the said Commissioners, or a majority prima facie of them, shall operate to prevent proceedings against him ground. any further that complaint; and a certified copy of such on report sliall be given by the Registrar of the Diocese to the accused party.
no
17.
If the
sufficient
1 8.
"
(1 )
.
In
all
cases
where
have proceedings
been
commenced
under
Power
to the
this Ordinance
against any Clerk, it-shall
be lawful
for the
Bishop,with
^'^lôP*"
296
No.
3.J
consent
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1861.
pronounce
sentence
the
of such
in
Clerk
to
and
of
the
party complaining, if any,

any further
not fib,
first
by
obtained
further
consent
without
such which
sentence
writing, pronounce, the Bishop may as

be
proceedmgs.
might
pronounced
sentences
a
after shall
(2.)All pronounced
and
Presentment
such after
proceedings, exceeding the sentence trial,as hereinafter provided. in law as if l)e as good and effectual
without think
to
hearing according
the
provisionsof
this
ance, Ordin-
may
be enforced the
by
the like
means.
charges against accused party.
of
or a majorityof them, report that facie ground for instituting proceedings shall also drawagainst the accused party, they or a majority of them forth with reasonable and precision the a setting sign presentment, up the accused particularoffence or offences for which party ought to be the same transmit to the Bishop, along with tried,and shall forthwith
19.
"
(1.)If
Commissioners,
there
is
sufficient
primd
their
report under
the
Commission.
and
a Registrar of the Diocese shall cause copy of the report accused the be served on party, or at his personally presentment to and shall be lawful of abode it not to prousual or last known place ; ceed of after the fourteen such until expiration days presentment upon
(2.)The
after the
Power
to the to
day
on
which
such
copy
has
been
so
served.
his
or
20.
known him
at
"
Bishop
require
accused
to be served
(1.)It shall be lawful for the Bishop,by writing under the accused on personally party or at his usual
abode, place within
such the time accused
to
hand,
last before
party
place of
any of the within
to appear before him.
the
require Diocese, and
the
accused
at
party
time
to
to
any
answer seem
appear after the the said
said fourteen
as
days, and to make to the Bishop may
tion expirapresentment
the
reasonable.
his
or
(2.)If
truth of the
party a2:)pears, and presentment, the Bishop shall

pronounce
by
answer on some
admits
then,
convenient
day thereafter, proceed to

Holding of Court by the Bishop, with
assistance his
two
sentence
thereupon.
or
21.
make than
"
(1.) If
answer
the the
accused said
party
of
refuses
or
neglects
makes any
to
to
appear
and other
to
presentment,
the this and
answer
of
an
admission unqualified hold

a
truth
thereof, the Bishop shall

and hear
; and
proceed to
with the Assessors
Court of
under his
Ordinance,
Clerical upon all
the
cause,
Assessors.
assistance
Legal
to
Assessors
the
said arise
shall be entitled
vote
questionsthat
the
may
during the hearing. (2.)The finding shall

the found of said
be that of the in the

event
majority of
of the declare
Court;
party
ing includ-
Assessors, and
said
was
accused
whether
being
or
guilty,the
he
not
majority shall
further
the offence
whicli
might
with Proceedings
of the Court.
convenient such The
found for which one guiltywas inflicted ; and the Bishop legally day thereafter, proceed to pronounce finding. be
deprivationmight
shall
then, or
at
some
sentence
in accordance
following provisions shall have of the Court, that is to say, proc(;c(lings

22.
"
effect
with
respect
to
the
(1.)The
of the
Registrarof
Court,
accused shall be
as
the
Diocese be
be have
shall act
as
clerk time
during the sitting

to
which
may may
to
adjourned from
the heard
time
or
(2.)The
who
party
entitled
concerned
prosecutors may
shall be
to
sworn
(3.)All
to and
witnesses reduced
any parties counsel also appear or attorney; by in open Court, and their testimony the
aid of any counsel his behalf, and on
attorney
shall be
writing by
;
clerk, and
shall
be
rcâd
over
signedby
them
A.D.
1861.]
CLERGY
DISCIPLINE.
[No.
3.
297
and sentence shall be pronounced in open Court ; and (4.)Tlie finding The with and addresses proceedings respect to the arguments (5.) of counsel of
or
attorney, and
shall be
the
examination
as near
of
witnesses
as
and
duction proin its

See Ao.
evidence
regulated,
Court
of the Supreme prevailing practice criminal jurisdiction.
of
may British Guiana
be, Ijy the

Ordinance
19"/1893.
of
23.
the the
same
"
In -(I.)
case
sentence
of
suspension
to
is pronounced and the first
by
the
Bishop,
Sentence
shall l)e certified

so
by
him be
the
Governor,
the
Clerk
suspended
shall
in applicable,
stipend of place, to the
suspension,
payment
Governor
so
l)e appointed by the Curate of any substitute who or may and licensed by the Bishop to perform the duties of the Clerk
or
suspended during the time of his suspension. (2.)The Rectory or Parsonage House, if belonging to the Benefice if Incumbency, shall also be assigned to the Curate or substitute,
assignment
has
not
such of
been
ordered
and
directed
as
part
of
the
sentence
the Court, but 24.

In
case
otherwise.
of
sentence
the
same
shall be certified
deprivationis pronounced Ijy the Bishop, by him to the Governor, and the Rectory,
shall be and become law.
sentence
of
deprivation.
and
Incumbency, Curacy, or other Preferment the same thereupon be filled up may

25.
If any
vacant,
accordingto
on
Clerk
him
is convicted before the
and
sentenced
Court indictment
ferred cciminal in
against
case
Supreme
of such
of
indictment any preBritish Guiana in its

of the
Proceedings
yîere 9^""^
depositionsindictaLle by the offence. despatch,be furnished with forthwith deal Clerk of the said Court to the Bishop, who may had been the offender if the case as by suspension or dej^rivation, Provided heard and the provisions of this Ordinance decided under : always that, before any such Clerk is sentenced to be deprived under tillssection,he shall be entitled to be heard sel by liimself or by his counthe his the and before two or Assessors, upon Bishop attorne}^, which which the offence of whether convicted he was one was question would warrant deprivation by the Ecclesiastical Law of England.
a jurisdiction, copy
and
the
shall, with
all reasonable
26.
sentence
Every
or
Clerk
shall
have
the
of
same
right of appeal against any

as
Right
of
pronounced
in virtue
this Ordinance
he
at
appeal against present possesses, the

sentence.
time at may any in \irtue of the pronounced
against sentences conferred jurisdiction upon

possess, Patent.
of the
Bishop Bishop Ijy
Her
Majesty'sRoyal Any
Clerk
Letters
27.
who"
ofliciate
Punishment
in
(1.)Attempts to of his after deprivation In obstructs (2.) any way

to
during
Benefice the
the
or
period Incumbency
of
his
;
or
or suspension,
case
of Clerk
to
attempting
officiate when
successor
Curate, substitute, or
;
or
suspended pointed apdeprived.
or
officiate in his stead

to
(3.)Refuses
House,
or
give
of the
possession of the Rectory or Parsonage Registry Books, or of any Church property in his
up
custody,when
to
thereto
lawfullyrequired, pendency
of any
appeal that ma}^ be open him, a misdemeanour, and, being convicted thereof before shall the Supreme Court of British Guiana in its criminal jurisdiction, hundred for each offence be liable to a fine not exceeding one dollars, such fine and to or imprisonment not exceeding one year, or to both
shall, notwithstanding the
be of guilty such
imprisonment,
in the discretion
of the Court.
298
No.
of
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1861.
ance, this Ordin-
Attendance witnesses.
28.
under
It shall be for any

one
lawful
or
in of before of
more
any the
preliminaryinquiryunder
Commissioners,
this Ordinance
or
the the
Bishop
Bishop,
to
and
proceeding or, in any his Assessors, for the
Bishop
such
as
any
Assessor
witnesses, and
be necessary.
"
the
productionof such
is
of require the attendance or writings, deeds,evidences,
may
evidence witness.
Giving of false by
29.
in
Ordinance
cases
who (1.) Every witness shall give his evidence
exammed oath
or
affirmation where an by law sion of Commisrespectively (2.)Such oath or affirmation any Court full shall have of Inquiry to be held by virtue of this Ordinance and authorityto administer. power affirms falsely who or wilfullyswears (3.) Every such witness and shall liable be to punishment shall be deemed guiltyof perjury, accordingly.
the
upon is allowed
of this in pursuance affirmation solemn upon instead of an oath.
Power
to
Bishop
inhibit
to accused
party from officiatmg, pending proceedings.
of the offence charged, the nature in which, from 30. In every case the scandal is to arise from it appears to the Bishop that likely great while of the the Church services accused to perform party continuing such
charge
while
a
is under such
to
or investigation,
that
his
ministration for the time time
will
be
useless
to
cause
charge
of the
is
pending, it shall be lawful

on
Bishop
the
notice
a
be served
such
party
at
the
same
with
service any the until
of
copy
proceedings before
any
sentence
or presentment aforesaid, the Bishop, inhibitingthe
at
any said party from fi'om and of
pending
forming perafter and
services
of the
Church
within from the
the Diocese
service
expirationof
has
fourteen been
days
such
notice
given
of shall in
in the
said
cause.
Limitation time
of
31.
under
Every
this of
Commission
Inquiry against any

be
issued within
Clerk
for issue
Ordinance
the
twelve the
months
for any offence after the is
of Commission.
commission and
not
offence
respect of which
Commission
issued,
afterwards.
No
No
on
objection
teclmical
or
32.
proceedings under
before any technical Court
or
this
Onlinance
whatsoever
no
shall
be
quashed
or
objectedto
on
tribunal
;
for want
of form,
or
grounds, etc.
any
ground
this
and
proceeding, commission,
be
document
required by (1.)The
of
his
Ordinance
shall
subject
to
any
stamp
duty.
Provision
case
in
33.
in
"
Vicar-General
absence
of from
the the
Diocese
for the
or
of the
Bishop's
absence
or
to act. inability
case death, Colony, for the time Bishop'.s Commissary or Commissaries and on behalf of the Commissaries appointed to act for and in the name of them, are and under this and each, Ordinance, Bishop any every, from of absence the authorized and the in Bishop empowei'ed, hereby of a vacancy in case of his inability the Colony, or in case to act, or in the See, to exercise all the powers hereby vested in the Bishop,and with all the duties hereby imposed on him. shall be chai'gealile (2.) All acts, matters, and things to be done or performed by such shall have in any such case Vicar-General, Commissary, or Commissaries force and effect as if the same had been done or performed by the t ame the Bishop himself in person.
being,and, to act, the inability or being, any special

time
Service process.
of
34.
issued
the
(1.)All process, citations,notices, orders, and shall be served and granted under this Ordinance of the Marshals. or one Registrarof British Guiana
"
summonses
or
executed
by
300
No.
to
3.]
be
THE
LA
TF^S' OF
BRITISH
GUIANA
[A.D.
1861.
signed by the Commissioners, it shall be lawful to read such evidence before such Court without further as deposition proof thereof, unless it is proved that such in fact signedby the not deposition was Commissioners purportingto sign the same.
certain
Saving of rights.
39. Nothing spiritualpower Ordinance

power,
or
in
or
this
Ordinance vested
shall in
deprive
him
;
the
authority
any the way in
and
Bishop nothing
of in
any this
shall
in
authority vested
or
Commission, provisions of
maintenance
in
Governor for the
any Ordinance of of ministers
prejudice,alter, or affect any right, the Governor by virtue of the Royal and Court of Policyby virtue of the the time to the being in force relating Christian Religionin this Colony.
SCHEDULE.
FOEMS.
Section 6.
Form
No.
1.
Fro.i-y.
of England Clergy Discipline By virtue of the provisions of the Church Reverend A. Reverend Ordinance, 1861, I, the B., do hereby appoint the C 1). to he my at the Election absence, and to vote in my name Proxy in my of a Clerical Assessor to be held on the 1 day of in such manner as he, the said C. D., may think proper. I have In witness whereof hereunto set my this hand, at 1 day of
,
(Signed.)
A. B.
Section
13.
Form
No.
2.
Commission
To The The Reverend Reverend
of Inquiry.
A. C.
B., of D., of
in that
And E. F., Esquire, Stipendiary Magistrate, appointed Excellency the Governor.
behalf by
His
By virtue of the authority conferred,and in discharge of the duty imposed, on us of England Clergy Discipline Ordinance, 1861, we, the undersigned by the Church of and appoint you, and every Bishop of Guiana, do hereby nominate Commissioners to inquire into ceitain of charges preferred by you, commonly or openly alleged],against the Reverend \_or the nature of state to the following elfect, viz.: of the charges'], \_here and to make true a report to us, pursuant to the said Ordinance, of the result of inquiriesinto the said charges ; and we hereby appoint that your iirst meeting, your in execution of the authority hereby conferred upon you, shall be holden at [name the place of meeting], the 1 on day of Given the Episcopal Seal of Guiana, this under sealed with hand and our 1 day of
"
ORDINANCE
A.D
"
No.
OF
1861.
1861
'
An
Ordinance
to
punish
Breaches
of Trust
l)v Traders.
18G1. ] [28th August",
BE
Short title.
it enacted the advice This
by
and
the
Lieutenant-Governor of the Court of
of
British
Guiana,
follows
with
:
"
consent
as Policythereof,
1
.
Ordinance
1861.
may
be cited
as
the Traders
(Breaches of Trust)
Ordinance,
A.D.
2.
"
1861.J
In
TRADERS
(BREACHES
"
OF
TRUST).
[No.
4.
301
this Ordinance,
"
Interpretation
of terms.
handicraftsman, any mechanic, laundress, or \v(jrkman, and

Trader
means
pretending to
or
"
exercise
mystery
"
any whatsoever work in
manufacturer, artificer, exercising or any person ness, trade, handicraft,manufacture, busi:
Work
or or
means
any
any any
business
whatsoever,
"
and
:
trade, handicraft, manufacture, fashioning, altering, repairing,

tels, merchandise, articles,chatwhatsoever
:
whatsoever cleansing
means
"
Materials and
any
goods,wares,
kind
"
things of any
of
or
material
"
Magistrate Stipendiary
Justice Governor
extends
the
to act
Peace under
who
the
to, and includes any applies appointed by the specially may it of this Ordinance, which provisions
to, be
at
shall be
lawful
for the
Governor
any
time
to
do.
3.
for
If any reward the
trader
contracts
with
(whether
the
amount
to person any of such reward
perform
is, at
the
work any of time
trader
Penalty on receiving
making
way
ance contract, fixed and agreed upon or not),and if,in pursutrader receives, as and by the faith of such on contract, such or of sums of advance or in anticipationof such reward, any sum or
not
sum
in money and advance
neglecting to perform
contract return
or
money if any
exceeding in
or sums
the
whole
not
the
sum
of
twenty-fourdollars, or
the whole for the the
sum
money.
of
money,
or are
exceeding in
to
of of
is dollars, twenty-four materials
paid
such for any
trader other
purchase
thereto, and completion

within
to
for such work, or necessary if such trader, without of the time
purpose
in relation
to perform such neglects same,

as
refuses lawful or excuse, any for the time within the either specified contract, to time, of any agreement as or, in the absence
such
the the
be
brought
with
under
he
or sums
reasonable, and
person whom
sum
refuses
Magistrate hearing any complaint Stipendiary deem to be of this Ordinance may provisions the to to when so or required, repay neglects,
so
has of
contracted,or
money
as
to
such
he
may
his agent have so
rized, lawfully autho-
received, such
trader
to
trader shall, on being convicted the District where such contract

the time
or
before
has
the
StipendiaryMagistrate of
made
or
been
such
is,
pay
at
a
fine
the complaint,resident, be adjudged preferring dollars. of forty-eight penalty not exceeding the sum
of
4. If
the
any of
trader, having
contracted
the
or sum
as
aforesaid,
twenty -four
work
so
receives
any
to
Penalty
trader materials
on
materials,not
purpose
exceeding in value being wrought up
of
dollars,for
be
receiving
and
used
in the
agreed
lawful refuses or excuse, performed,and if such trader,without any contract or reasonable such within or to perform his contract specified neglects return when to return and refuses or neglects, so time as aforesaid, required, materials. with whom he has so contracted, or to his agent lawfully to the person
neglecting to perfoi-m
authorized, the
materials before an}^

to
so
delivered
to
him,
such
trader
shall
on
being convicted
as
be adjudged aforesaid, dollars. forty-eight
StipendiaryMagistrate having jurisdiction the sum pay a fine or penaltynot exceeding
of
5. If any
in value other the person cleansed,for
or
chattels of any description, not exceeding Penalty or goods,articles, trader receiving delivered to of twenty-four dollai\s, are sum any trader or article to be of being repaired, for the purpose fashioned, altered, or repaired,etc., and neglecting reward is specified of such reward (whether the amount
on
not),and
if such
trader
or
other person,
without
any
lawful
to return
same.
the
excuse,
302
No.
4.]
or
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1861.
after
the and, neglects to repair, fashion, alter, or cleanse same, time of such reasonable aforesaid, as or specified expiration trader the such refuses or so required, to return neglects, when same, convicted before other Stipendiary shall, being on or any person and fine or a Magistrate having jurisdiction as aforesaid, forfeit pay of the dollars. not sum forty-eight exceeding penalty
refuses the
Liability
of trader
to
6.
whom other
If
it appears,
upon under
due
proof, to
this converted
the
is heard
to
before
or
imprisonment pawning misapproor
any person
complaint
has any for the
Ordinance
that
use,
such
or
or
trader otherwise
sold, pawned,
the
sum
his
own
priating
materials,
entrusted him.
misappropriated
delivered
to
materials,
purposes of of
goods,
in this
wares,
articles,
such
chattels and
not may
him value the
Ordinance
stated,
etc.,
to
exceeding
abstain stead with
or
in
twenty-four dollars,
any fine offender any
term
or
Magistrate
in lieu and
from
infliction
penalty, and,
to not
in
thereof,
without
may hard
adjudge
labour,
contract
the for
be
forthwith
imprisoned,
three months.
exceeding
or
Punishment offender amomit contract value of where of

or
of
7.
Any
breach
of where
in
amount
any of
of
the
matters
respects
the limit of
before hereinof
provided,
materials four and shall diîllars, may be Guiana
the
or
the
contract, exceeds
be
a
or
amount
furnished
be
money and and
advanced,
deemed
to
the
twentyand Court shall shall of be

one
held
misdemeanour,
the the
not
materials exceeds
tried, heard,
in its
determined
by
and
Supreme
offender
$24.
British
criminal
to
jurisdiction,
a
liable, on
hundred any
term
being
dollars,
not
convicted,
or
fine
or
penalty
or
exceeding
hard fine
to
imprisonment,
one
with
or
without
labour,
and
for
exceeding
year,
to
both
such
such
imprisonment.
Awarding
of
compensation to complainant
out
8. The party aggrieved in Stipendiary Magistrate or by
any the
complaint
to
be
determined
this
by
out
any
Supreme
be
Court
under
to
Ordinance,
of
of
penalty
shall,
any the any
on
conviction
or
of
the
offender,
entitled
receive
paid.
in of money as sum imposed and paid such may, of such opinion Magistrate or Court, be adequate compensation for such sustained been to have injury which aggrieved party proves fine
penalty
by
Saving
trader's of lien. of
him.
9.
lien of
Nothing
any A.11
in
this
or
Ordinance other person
shall
as
prejudice
present
or
affect
the
right
of
right
trader
at
existing. Magistrate
under
to
Procedure and
10.
Ordinance of
proceedings
shall be and shall
before
any
as
Stipendiary
near
as
this form
appeal.
See No. and 1893.
Ordinances
12 No.
of
13
1893
of
according provided by any the for time Ordinances being in force regulating procedure before of their in the exercise Stipendiary Magistrates jurisdiction summary the decisions of Stipendiary Magistrates; and and all fines appeals from under the Magistrate or penalties imposed by any such authority of this Ordinance, be recovered in together with costs, if adjudged, shall directed by any such Ordinances. manner
may
conducted
be
the
procedure,
lie
subject
to
the
appeal,
A.D.
1861.] D.
R.
COMPANY
(PREFERENCE
STOCK).
[No.
5.
303
ORDINANCE
An
No. the
OF
1861.
Ordinance
to enable
Demerara and of
Railway ComFifteen Thousand
a.d
*
isei.
Hundred to raise One pany Pounds the Creation by
Perpetual Preference
Stock.
[26th March, 1862.]

aijd by WHEREAS, Ijehalf,
it in that the raised under
divers
sums
partly by
considerable
in
the
of
creation due
amount
enabling Railway Company has heretofore of money, partlyby the issue of bonds and of a preference stock, and there is now and interest by the said Company for capital
Demerara raised and
virtue
of several
Ordinances
the moneys so respect And it is deemed whereas authorized hundred

to
otherwise the
expedient that
manner
be
one
raise,in
hereinafter
Company appearing,the
said
should
sum
of
pounds for the purpose not only of with improving and completing the Railway to Mahaica, in accordance of Ordinance the terms No. 2.3 of 1859, and of the plan submitted to and approved by the Governor and Court of Policy, but also of satisfying and extinguishingall claims in respect of bonds and preference
stock
and
fifteen thousand
heretofore
and
issued
and
created
as
above
:
mentioned, and
all other
debts
Be
liabilitiesof the said

enacted of the
Company
Governor of
it therefore
by
the
of

follows
:
"
the
advice
and
consent
Court
Policy thereof,as
as
1. This
Ordinance
may
be cited
1861.
the
Demerara
Railway Company
Short
title.
(Preference Stock) Ordinance,

2. It shall be lawful
and
not
for the Demerara
issue
stock perpetual preference
in
exceeding one hundred order thereby to raise a
and
sum
Railway Company to create Company to an amount fifteen thousand pounds in the whole, of not less than thirtythousand pounds
of the said in the said
Power Demerara
to the
Railway Company
to
create
not
for the
by exchange, adjustment, or and extinguishingall claims otherwise, of satisfying, now liquidating, in respect of bonds stock and preference heretofore issued and existing created debts by the said Company, and all other existing respectively and liabilitiesof the said Company : Provided always that no portion of the said perpetual preferencestock shall be issued below par, but for every one hundred pounds thereof the said Company shall receive hundred not less than one pounds sterling in cash, or the surrender of bond or bonds, or existing a the stock, in respect of which preference and due interest the or amount to not less than principal capital one hundred pounds.
3.
the
rate
"
mentioned in that behalf purposes of 1859, and also to provide the means,
Ordinance
No.
23
preference
stock
exceeding
"115,000,
for certain purposes.
stock (1.) The preference
to be
created bear
and
issued
provisionsof this Ordinance

of
seven
shall
interest
by virtue of at the perpetually
Rate
of interest
st'oc^kând"
paj-ment
thereof.
per
cent,
per
annum,
and
such
interest, after the satis-
faction of all
as
stock of the said Company bonds and preference existing and be payable out of the net revenue shall have aforesaid, priority
304
No.
5.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
is
1861. the
of the said
Company
tLe said
at
stock ordinary capital
in each year of the said

net
revenue
before any
dividend
paid on
Company.
is in any year insufficient to pay the the said perpetual preference on shall the remain
same
(2.)If
whole
interest
the
rate
aforesaid
stock,the unpaid portionthereof

revenues
arrears
of all further shall rank in
years
until
is
chargeable on paid off,and
the
net
all such
after the said interest of of priority next payablefor the current year ; but in every stock shall be subjectto perpetualpreference the said as regulations ordinarystock of the that shall be lawful for the said it said Company : Provided always resolution to be passed at a by Company, if it is deemed expedient,
point
per annum other respect the said and the same provisions
seven
per cent,
meeting genei'al
stock preference stock the
to
of the shareholders of the said
and
holders of existing bonds

to
and
Company,
of
declare
that
sum
the of not
preference
less than
be
issued
for the
thirtythousand
to
pounds
purpose shall have
raising a
and priority
in preference
regard
all
; and
payment
case
of interest
and
to
the
other
stock preference
at any rate
or every any be issued under
other
this
respect over
Ordinance such per
in such
it shall be lawful
for the said

of interest
stock preference per Exchange of existmg bonds or preference

stock for new bonds or stock.
annum
not
Company to issue exceedingseven
first
cent,
that
may
be deemed
necessary.
and extinguish satisfy and created all bonds liythe thereof the said Company by issuingto respectiveholders (with their for i n the same, perpetual ceeding stock, not exconsent), exchange preference and the capital interest due and standing outin each case in amount and stock so satisfied and in respect of the bonds preference extinguished.
4.
It shall be lawful and
for the said
Company
to
stock preference
heretofore
issued
Saving of of provisions
Ordinances and the deed of of Settlement
are
5. All the clauses, powers, matters, and things which provisions, to the said Company, contained in the several Ordinances relating
in the
same are
and the
Deed
of Settlement
to
or
of the
said
Company, except
with this Ordinance
so
far
or
as
repugnant
are
inconsistent altered
or
any
Company.
part
remain
thereof,or
hereby
otherwise and and

were
provided for, shall
in full force and form

same
effect to all intents
to and plicalile
part of this Ordinance

way
as
be appurposes, and be construed together
therewith
in the
if the
same
herein
rejDeated.
ORDINANCE
A.D. 1862.
"
No.
OF
1862.
An
Ordinance
summon
to
enable
Commissioners
of
Inquiry
them
to
Ordinance
Witnesses
and
to
examine
upon
of 1870 incorporated.
No. 14
Oath.
April,1862.] [2n(l
expedient WHEREAS appointedby
be into or any public officer, should be service, empowered to it is that
to
all
Commissioners
into the
who
the (Governor any

summon
inquire matter relating to

witnesses
conduct
the
to
may of
public
and
examine
them
upon
oath
A.D.
1862.]
it therefore and
consent
COMMlSSIOSi:iiS
OF
INQUIRY.
of British
[No.
Guiana,
follows
:
"
1.
305
Be advice
enacted
of the
by
the
Governor of
with
the
Court
Policy thereof,as
as
1. This of
Ordinance
may
be cited
1862.
the Commissioners
(Examination
Short
title,
Witnesses) Ordinance,
2.
All Commissioners under the
who
Public
Governor,
conduct
be at may Seal of the
of any service, or into all

reason
witnesses
into any or publicofficer, of publicinterest any matter consider they may necessary, will not attend the
time appointed by the any Colony, to in(iuireinto the matter to the public relating
or concern
Power of
to
Coinmissioners
to luijuiry
suninion
may
summon
witnesses
and them
and
who may every
they
such
to believe
and voluntarily, of subject-matter
may examine
have every
examine upon
oatli.
witness
upon
oath
touching
witness
so
inquiry.
of this
Mode of
3.
"
(1.)Every
evidence
Ordinance
shall,if
directed
give his
one
upon such
be examined in pursuance of Commissioners any such oath be oath, which administered may may
who
by
Inquiry, etc. by any
givuigevidence,
of the
said Commissioners.
witness who shall be liable to
(2.)Every
deemed
and guilty of perjury,
wilfully gives false evidence shall be punishment accordingly.

this Ordinance
shall
4.
and
"
(1.)AH
summonses
issued under
or one
be served
Service process.
of
executed
by
the
of each copy of any such sumservice mons, (2.)For the the Registrarshall be allowed to charge the of fifty sum cents and and for travelling distance the fees or no money more, expenses chargeableby the Provost Max'shal under the Fees and Costs (Supreme Court) Ordinance, 1855.^
Registrar making and
of the Marshals.
5. In
evidence
refuses
sworn
case
may
or
any be
witness
residingin
any without
sworn,
required before
evidence when
to the
part of the Colony whose to any Liability such Commissioners of Inquiry punishment
lawful
or
to attend, neglects
to
excuse,
or
refuses
any other
to
be
of witness
in
contempt.
or
give
is
guilty
such
of
tempt con-
or
of disobedience for any to him
lawful
order
of
shall be lawful
on
motion
cause
made
sucli
to
a
to
witness
and
for any to make that

no
Judge of the Supreme Court by any person interested in the proceedings, witness such to be brought before him, and to sentence fine Jiot exceeding ninety-six dollars,and to imprisonment such fine is paid, term not exceeding thirtydays, unless
order
as
Commissioners, it of British Guiana,
such
to
costs
as
to
him
unless that
a
shall issue process the Judge is satisfied that

sum
against any
the
to
seem may such witness
proper
as
vided Pro-
aforesaid
witness him
or
had for
been
the
tendered
of
a
sufficient and force Court
payment
at
his per
for his remuneration for of the
rate
payment
Guiana
of
witnesses
British
in its criminal
was duly summoned, and lodged with the Registrar I'easonable travelling expenses, diem according to the tariff in summoned the Supreme before jurisdiction.
summoned 6. All witnesses by any shall be paid from and this Ordinance expenses of
Commissioners
out
of
Inquiry
on
under
Payment
witnesses.
of
of the the
vote
for the
contingent
their bills Guiana
justice, upon
taxed
the
warrant
of
Governor,
of
being duly
the said
in its criminal Court.
by the Clerk of the Supreme Court accordingto the tariff of jurisdiction
British
fees prevailing in
See No.
Ordinance
19
of
1893
Fourth
/Schedule. See now,
however,
No.
17 of 1901,
s.
4.
306
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1862.
ORDINANCE
A.D.
"
No. in Her of Public
OF
1862. certain
1862.
"
"
An
Ordinance
of
to
vest
Majesty
New
Parcels
for the
Land
in the
Town of
a
Amsterdam
Establishment
Hospital.
[3rd May,
1862.]
was,
on
WHEREAS, day
3rd Court in the
more
for the of
publicbenefit January, 1862,

a
and
convenience, it
be
the
and
resolved
the
of of
that Polic)'
Public
on same
by the Hospital should

portions
the of
Governor
estaljlished hereinafter for
Town
New
Amsterdam,
land
described,the particularly
; purpose And whereas
being
the said
most
site eligible all the Her
that
it is
expedient that
be
land, with
vested in
buildings
and the
erections
thereon, should
of the
the
owners
:
"
forthwith that and

to
pubUc
made
use
Colony, and
thereof
Majesty for adequate compensation should

all other
be
to
partiesbeneficially
interested
Be advice
therein
it therefore and
consent
enacted of the
by
the Governor
of
of
British
Guiana,
follows
:
"
with
the
Court
Policy thereof,as payable to

of New
Publication assessment lands.
of of
1
.
When half Lot
and
of Lot in front
assessment
so
soon
as
the
in the
amount
the
owners
of and
the
the
north Mud
at
No.
26
Town
Amsterdam
his hand of
thereof
shall
same
has
been
assessed,the
the
same
Magistrate presiding
to
such
return
under
in the
the
Governor,
of information.
and
the
shall be
be
recorded
Tlie
minutes Gazette
the Court
and Policy',
shall
published in
O^cial
for
general
Vesting of
lands Crown. in the
2.
said
Immediately
several
on
such of
publication in
with all the
The
portions
the
land,
thereon, shall be and
become
vested absolutely
Gazette, the Official and erections buildings in Her Majesty for the
publicuse
of
Colony.
ORDINANCE
A. See D. 1862
No. in Her
OF
1862.
An
Ordinance of Eand
at
to vest
Majesty
certain
Piece
Ordinance
Suddic, in the County of Essequebo, for

of
a
jvo. 3
0/1868.
tjê Establishment
Court-House.
WHEREAS
a
it has House
been
should
resolved
by
the
Combined
for the
Court
that of
Court
be established
in and
County
in
Essequebo ; a portion of the piece of County, containing three-and-a-half acres,

And
whereas
land
more
at
Suddie
or
the
said
less,as
defined
308
No.
1.]
2.
From
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1863.
Vesting of
lands, etc., in
and and
Colony occupied by
the for the Naval Service United Lord
tenements,
in this person
name
Ordinance, all lands, ever hereditaments, erections, buildings,and property whatafter the
commencement
of
this
or
Colony
or
which
have held
or
been in
conveyed
manner
to
or
are
vested
or
of the
dom KingHigh
or
in the Admiral for the
are or any persons, Her of any person Majesty or Her or persons, in trust for for the use their heirs and Her or or successors, Predecessors,
occupiedby
in any in the
Royal
of the
Naval
Service
of the said
United
the
Kingdom,
said
Naval
or
of
any
of
the
ments departmode
interest
Connnissioners
of
or
belonging
or
to
Service, by whatever
estate
or
executing
the said office.
of conveyance, the same therein
by
whatever
title,or
for whatever
been have pied, conveyed or be vested,held, or occumay and the with servitudes, memVjers, appurtenances rights, together
same
to
the
shall belonging, respectively vested

in
be and
become
and
remain
and
continue
or
the
the
Commissioners time
aforesaid for the
High Admiral for executing the being, according

Lord and
same
of the said United Office

to
Kingdom
Admiral and
of
Lord
High
the
respective nature
trust
quality of
estates
the
said
lands, tenements,
of and and in the
successors,
hereditaments, and
the several for Her
and
interests heirs
Majesty, Her
Vesting of futm-e acquired
lands, etc., in
like
manner.
for
in respectively, the publicservice.
3.
or
From
and
after
the
purchase
and
demise
thereof,all other
lands, tenements,
be
transport, grant, conveyance, which aiid hereditaments

pied occu-
may for
igh aforesaid for the time High Admiral for the Naval his their or order, being,or by any person or persons by of the departments of Service of the said L^nited Kingdom, or of any Service,and all erections and buildings or belonging to the said Naval
or
time or times hereafter at any H Lord in this Colony by the the Office of Lord
purchased,taken, held, or
Admiral the
Commissioners
executing
which
are
then
or
may
thereafter
be erected
or
built
to
thereon, with
same
the
and appurtenances members, servitudes, rights, become like be and in shall manner belonging,
the
respectively
and
tinue con-
and
remain
vested
or
in
the
Lord for
High
Admiral
of
the
said United
of Lord
Kingdom
Admiral in
the
Commissioners for the time

to
aforesaid
office, according tenements,

and in the and
same
the
executing the being, and his or respectivenature

and
trust
Office their and
High
successors
the
said
qualityof
estates
the said
lands,
of
hereditaments,
in respectively,
the
as
several
and
interests
aforesaid.
Vestuig in
successors
case
in
of death,
any
etc., of
sioners removal of the present Commisor death, resignation, said the of United for executing the office of Lord High Admiral Kingdom or of any of them, or of any future such Commissioners, or
4. On
the
Commissioner.
of any
Lord
High
Admiral
of the
said
United
for
Kingdom,
all such
lands,
be
tenements, and hereditaments held by the succeedingCommissioners
shall become respectively the Lord
vested
in and
executing the Office of Lord

Admiral
as aforesaid,
High
case
Admiral
may
aforesaid
and in and
or
by
High
the
he,
nature
so pei'petualsuccession, according tive respecquality of the said lands, tenements, and hereditaments,
to
the
and
the several
as
estates
and
interests of and
in
the
same
respectively,
in trust
aforesaid.
Mode
of
5.
In
all
deeds, conveyances,
other instruments
transports, letters
of
decree, leases,
describing
Commissioners in deed, etc., and execution thereof.
contracts, and
or
touching
any
estate, property,matter,
Service of the said United to the Naval Colony relating Kingdom or to any department under the control of the Commissioner.s for executing the Office of Lord aforesaid,or whereto High Admiral it shall be sufficient to describe them they or any of them are parties,
thing
in ihis
A.D.
1863.]
ADMIRALTY
LANDS.
[No.
for
1.
309
generally l"ythe style and

the
title of
"The
Commissioners
executing
of the United High Admiral Kingdom of Great Britain and Tnilaiid," without expressingtheir names ; and all such deeds, transports, letters of decree, leases, contracts, and other conveyances, are and the instruments, wherein the said Commissioners so descrilied, execution hands
or more
or
Office of Lord
signature thereof
and
or seals,
of and
them
under
by any two of them under their respective duly authorized by any two person any hands and their respective seals,shall be as by
purposes therein and had and
ars
valid
eflfectual to
all intents
if
they
or or
any
of
them the
had
same.
been
named expressly
executed
signed
6.
of
It shall ])e lawful
for the
said
Commissioners any
two
or
or
thein,or any person their respective hands

or
authorized and
by
or
more
any two of them Admiral
or
more
Power
to
to tlie
under afoie-
Coininissioners
sell,let,
seals,
the
as
Lord
High
said
and
or
any
manner
person
authorized
l)yhim
in any
hereditaments
of,or let or dispose which respectively

or
to sell, aforesaid, exchange, or demise, any of the lands,tenements,
dispose of property.
and
by
virtue
of this Ordinance, with
ma}^ their
be
vested
in due
or
in
them
under
to
respectiveappurtenances,
form
of law
or or
either the
who
by publicauction
privatecontract, and
make may
or
transport,convey,
same
surrender, assign,or
over,
grant,
person
demise
persons
may
the case as respectively, be willingto purchase
to require,
any
take
the
same
respectively ; and
also to do any other act, matter, or thing in relation to any such lands, which hereditaments tenements, and they or he may deem l)eneficial for the publicservice in relation thereto,or for the better management
thereof, which
interest in any
might
such
l"e done
by
any
lands, tenements,
be lawful for the
or
person or persons hereditaments. said

Commissioners themselves of
having
like
7.
"
(1.)It
Admiral any
or
shall
or
or
the Lord
Actions, etc.,
High
or
aforesaid
for the
time
being,by
two
or more
by and against himself,the Conimissiouers.
by
person
authorized
by
his
the Lord hand
High
by any Admiral
sioners the said Commistheir hands and
aforesaid under
seals
or
empowered,
suit, or
of any them
rent
or
hereby authorized and Colony any action, other proceedings at law or in equityfor recoveringpossession lands, tenements, or hereditaments by this Ordinance vested in
and
seal, and
they
are
to
bring, prosecute, and
maintaui
in this
him
may said
as
and aforesaid,
to
or or
distrain in
or
sue
for any
arrears
of
which the
or
become
due
for
from
Commissioners
on
respect thereof, under any demise Lord High Admiral, or from any
or or on
person persons and also to bring, prosecute,

or
their
his behalf
or
behalf
to
of
Her
mamtain,
defend, in
this
Majesty, Colony
any
other
action
or
or
suit in
tenements,
thereon
called
"
hereditaments,or
or
respect of or in relation to the said lands, committed any trespass or encroachment

thereto. suit the said Commissioners shall
or
or
damage
every
injurydone
action for
(2.) In
The
such
be
Commissioners and
such
executing
of Great
or
the
Office of
and
Lord
High
Admiral
of the United them

;
no
Kingdom
of such
Britain shall
naming
such
action
suit
Ireland,"without abate, by the death,
or resignation,
removal
High Admiral, any notwithstanding. (3.)The said Commissioners

entitled
to
recover
Lord
Commissioners, or any of them, or of to the law, custom, or usage contrary

or
Lord
High
of Her
Admiral
shall
be
costs
for
and
on
behalf
Majesty,
^1a
where
judgment
VOL.
is
I.
given for
the Crown, and
shall be liable to pay costs where
310
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1863.
judgment is given against the Crown, in any such action, suit, or rules and and other subject to the same proceeding in like manner, had been other such or proceeding action, suit, as though provisions, had between. subjectand subject.
ORDINANCE
An Ordinance Persons Removal for the
as
No,
OF
1864.
A.D.
1864.
Punishment for the
of
Unlicensed
and
acting
Agents
from
Collection
of Emiojrants
this Colony.
[2nd March, 1864.]
B
Short title.
it enacted and
consent
by
the
Governor Court of
of British
Guiana, with
follows
the
:
"
advice
of the
Policy thereof,as
as
1. This
Ordinance
1864.
may
be
cited
the
Emigration Kegulation
Ordinance,
Licensing of Emigi'ation Agent.
shall act as an agent to collect emigrants and to person other for their conveyance to any Colony or place unless he is arrange such first authorized by the Governor to act as agent, by licence under
2.
"
(1.)No
his hand time

to
and
seal,subjectto
with the
such
rules
and
as regulations
time,
advice
and
consent
of the
Court
from he may of Policy,
prescribe. suspended or absolutely (2.)Any such licence may be provisionally deem he may such revoked the Governor for at cause as by any time,
sufficient. of the
Notification
of
as
3.
licence,
etc.
and revocations such licences, AH and all suspensions shall be duly notified in The Official Gazette. aforesaid,
same
Punishment
of
person acting without licence.
who in any way the agent for the collection acts as person of any persons of the labouring class to proceed to any or engagement said, aforeother Colony or place without licensed by the Governor as being'duly
4.
Every
and
every be
a
person
who
in any
manner
aids
or
abets the
such
acting as
shall be
to
agent, without
being duly
an
licensed
by
Governor
so person said, aforeas
guilty of
offence,and
hard
fine and
being
convicted
in default any
thereof,
of
term
not
shall
liable to
penalty of
dollars,and, ninety-six
such
payment,
ing exceed-
imprisonment, with or without six iiKHiths, to both such or

5.
In order
to
labour, for
imprisonment.
Acts
sufficient
to constitute
offence.
be sufficient to prf"ve that the person

class to
againstthis Ordinance, it shall thorized charged as not being a duly auof the labouring agent for emigrants offered to engage persons indenture in some or other Colony or place, serve either under
constitute
an
offence
otherwise
passage
or
; and
that he offered
some
inducement of money
in the nature way of
of
free
the
payment
of
sum
by
bounty,
either
l)efore for
the proof the labourers, or to the embarkation sulisequently vision of clothes, he that arranged implements, or other necessaries, or the of the Imperial of such in contravention conveyance persons
or
A.D.
1864.]
and
that of
PASSENGERS.
[No.
were
4.
l" "
*""
31
PassengersAct
with
such
persons
actually on
hoard
(jfa vessel
1^ Vict,
the intention
All
leavingthe
Colony.
'^^"
6.
he
heard
and
invested
upon shall the be
f(jr offences against this Ordinance shall and Procedure coiiiplaiiits inav determined who is hereljy '*'"*appeal, hy any StipendiaryMagistrate, full power, with to authority,and jurisdiction adjudicate and the the
.same,
procedure shall
be in
manner
and
foi-m, and
for the time appeal,pro\idedby any Ordinances sî Ordinanres being in force regulating procedure before Stipendiary Magistrates in -ô. 12 of 1893 "^ the exercise of their summary and appealsfrom the decisions "^93* jurisdiction of StipendiaryMaj;istrates.
"'
subject to
ORDINANCE
An Ordinance of
to
No.
make better
OF
1864.
provisionfor
this Places.
the and
veyanceA.D. Conthe
' "
1864.
"
"
Passengers between
and
Colony
Ordinance
Xo. 34 of 1861 incorporated.
Neighbouring Colonies
[13th July, 18(34.]
it enacted and
consent
by
the
Governor of
of the Court
Guiana, with PoHcy thereof,as follows

as
of British
the
:
" -
advice
1, This
Ordinance
may
be
cited
the
Passengers Ordinance,
otherwise
of the the age age
1864.
Short
title.

"
the
context
requires,
"
Interpretation
of terms.
or
Statute
the
adult
of
"
signifies any
:
upwards, or
age
"
any two twelve years

''
person above persons
of twelve,
of
one
years
and
under
Passenger ship
whether
gei-s upon British any
of sea-goingvessel, signifies description every or or Foreign, carrying any passenger passenvoyage

: on
inter-colonial
"
Master
as
who the person is borne signifies is master, or who, other than a pilot, command voyage
to
"
the the
for
time
articles ship's being in
charge or
"
of any
"
Inter-colonial this
Colony
such
of
any
such passenger ship : from signifies any voyage other place whatever, where
not
any
place in
distance
the
between dui'ation
placesdoes
the
exceed
four
hundred
miles, or the
tioned, men-
does not 3.
Act shall
to be presci'ibed as voyage, exceed three days.
heremafter
Nothing
the
in this Ordinance of the
shall be construed
to
interfere with
or
Operationai;d
application of
the Ordinance. IS "
c.
prevent
operation
to
of Parliament
or altering
Passengers Act, 1855, or of this amending the same ; and

voyages
as
other any Ordinance
19 Vict,
only apply
inter-colonial
hereinafter
Officers
defined.
119.
4. The
the
and
Comptrollerof Customs and Colony, and the respectiveHarbour

New
all other
of
Customs
of
in
Officers to
execute
Masters
of the Ports
are
town George-
and
to
Amsterdam,
shall be
and into
they
empowered to carry this Ordinance and all Commissaries Magistrates,
execution
hereby respectively of the all Stipendiary Ordinance. ; and

and Revenue
aid in execution
of Taxation
Officers,
312
No.
and
4.]
all
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
are
1864.
policeofficers and constables in requiredto be, aiding and assisting

Duty
of master of vessel to afford for facilities
shall the
be,
and
they
hereby-
execution
of this Ordinance.
5.
"
(1.)The
master
of
or otherwise,fitting
intended
every for
vessel, whether
the
passenger
or
ship
or
carriage
of
inspection
officer.
carries shall
by
to which passengers, upon any voyage and afford to the Comptroller of Customs
passengers, this Ordinance

to
which extends Officers
all other
of Customs Commissaries constables
in the
Colony, to
Taxation,
the
of
respectiveHarbour Revenue and Officers,

and
as
the
foi' aforesaid, every facility with passengers, far so
Masters, Justices, police officers and inspectingsuch vessel,and for

for
same
communicating
such
provisions of tliis Ordinance,

vessel, have
been such
master
the
ascertainingthat the be appHcable to may

the
to
a
duly complied with. wlio fails or neglectsto comply with (2.)Any of this section on shall, being convicted, be liable requirements hundred and two not exceeding fortydollars. penalty
Proportion of
passengers to
6.
"
inter-colonial every for every
tonnage.
on ship employed in carryingpassengers passenger any shall of persons, including voyage carry a greater number adult individual on board, than in the proportion of one statute
(1.)No
ton
of her there is
registered tonnage.
on
(2.)If
of clearance the
board of any such ship at and after the time number of than in the pioportion aforesaid, greater persons of such master on ship shall, being convicted,be liable to a
a
penalty of
six dollars
not
less than
twenty-fourdollars
constitutingsuch
passenger
a
and
not
exceeding ninety-
for each
person
excess.
Making
declaration in
a
7.
"
(1.)The
be
master
of every
before demanding ship shall, in
clearance
for such
or
make ship, therein of

names,
declaration
the
name
writing by
master
before
clearing.
appointed set forth correctly

may
requiredby
the
tons
writing,in such form as Comptrollerof Customs, and shill

of
master,
and board
and the
the
number
of
sex,
the and
ship, the burden registered

age of the shall of be
such
name
of such persons
the
of
ship,
on
also of
number, such ship ;

the
master
several
and
the
said the
declaration
signed
at
and the
affirmed
by
before
shall be who
principal Officer
Customs
to
port of clearance, and
delivered
(2.)Any
such
person
and wilfully the

same
by the master makes corruptly

be
untrue
such and
officer.
signs any
ticular, par-
declaration, knowing
shall be deemed
to
in
any
material
guiltyof a misdemeanor, and, being convicted thereof the Supreme Court before of British Guiana in its criminal shall be hable to hard jurisdiction, imprisonment, with or without for any term not labour, exceedingone year.
Prohibition passenger
sea
of
8.
the
at
"
(1.)No
sbip proceeding to
has until master certificate
master
ship shall passenger thereof has obtained from

a
clear
out
or
proceed
to
sea
until
the
of
principal Officer
been
of
Customs that
the
port of clearance
certificate
clearance, under
have
such
his hand
all the and
requirements
the number limited any
of
this Ordinance
of clearance.
that
number
by
of persons on this Ordinance.
board
duly complied with, ship does not exceed the proceedsto

clearance,
additional
sea
or
(2.)If
the master
time taken
to
passenger
ship
such such
clears
out
or
without
having
he has
are
obtained
certificate
of
if,at any
persons
are
after
or
obtained
certificate, any
His any
by
shall be forfeited permitted to remain on board, such sliip Majesty, for the public use of the Cokjny, and may be seized officer empowered to carry this Ordinance into execution, or by
A.D.
1864.]
authorized person within if found
such
MERCHANT
SHIPPING.
[No.
execution
or
6.
313
any aod
as
to two
aid and years

or
assist in the in any dealt
of in
this Ordinance, this
port
with
place
in any
Colony,
manner
ship
had the
shall been
thereupon
seized
Customs
be
the
of
same
if she
forfeited
for
under
the
Ordinances
-SVc OnUmince '^''''
to relatini^
Colonial
any
offence
incurring forfeiture
under
those Ordinances.
"-f^^**-
9.
"
(1.) If
to
any
a
person passage such
is found therein person,
on
board
intent
obtain
without
any passenger of the consent person
ship with
the
owner,
J'unaltyon
lierson found board on and
charterer,or
him in such
a
master,
and
every
fraudulent
intent, shall
or
aidingand abetting without on convicted, permission lêing respectively,

in
be liable to
to
penaltyof
months. such
and, twenty-fourdollars,
without hard
default any
of payment,
term not
on
jjerson
aiding.
imprisonment, with
labour, for
three exceeding
(2.)Any person Stipendiary Magistrate

forthwith hear the
case,
so
found
without
and,
on
before any Ije taken may such and Magistrate may warrant, such proof of the oifence, convict
on
board
offender.
10.
It shall from the
be lawful
to
for the Governor,
by
any
Proclamation which be shall
to
be
Power declare
to
by
him
time
time
issued
for
that
effect from purposes of
issuingthereof,to
Ordinance,
from any
declare
purpose, shall what of the
take
tion dura-
of voyage.
deemed,
of any
for the
this
to be the
length
voyage
to
any
carrying
whatever.
passengers
place in this Colony
other
ship place
be Procedure and forfeitures imposed by this Ordinance may penalties '^"'^ appeal, execution this Ordinance into officer to empowered by any carry in which the before any StipendiaryMagistrate acting in the District the and shall be in and is instituted the procedure manner, prosecution ; for the time being g^^ Ordinances be subject to the appeal, provided by any Ordinances Ao. 12 of 1893 in force regulating procedure befor.i Stipendiary Magistrates in the and exercise of their summary appealsfrom the decisions ^'^93" jurisdiction of StipendiaiyMagistrates. 11
All
.
sued
for
"'
of His shall not extend to any Majesty'sships Exceptions to operation of for executing ships in the service of the Commissioners the Ordinance. of the United the Office of Lord Kingdom, or to High Admiral of the public vessels regularly employed in the conveyance any steam with the Government His with under mails conti'act or Majesty's of this Colony. Government
12.
This
or
Ordinance
of
war,
to any
OKDINANCE
An
No.
OF
1864.
Ordinance
of
to
introduce
into this
to
Colony
the
Law
A.D.
"
1864.
""
-
Enghmd
with
regard
Merchant
Shipping and
matters
connected
therewith.
[2nd January, 186.5.]
HEIIEAS
it is in
expedient that
Colony
with
the
Law
of
to
England
merchant
should
be
observed
and
this
regard
:
shipping
matters
connected
therewith
314
No.
Be
6.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1864.
the
it therefore and
consent
enacted
by
be
the
Governor
of
of British Guiana, with

as
advice
Short title.
of the Court may
Policy thereof,
as
follows
"
1. This
Ordinance
cited
the
Law
of
Merchant
Shipping
Ordinance, 1864.
Interpretation
of teiTn.
2.
term
In
the construction
"
and
for the
purposes
of
this
Ordinance, the
vessel used in
"ships naidgation.
3.
From
used
therein
includes
every
of description
Questions
and
after
the this
commencement
of
this the
Ordinance,
owners
all questions
relatingto
merchant
arisingwithin
be
Colony relatingto
and mariners the
following matters,
thereof,and
their
shippingto
determined
and namely, ships, the
the the
property therein,and
master
the
beliaviour
of
and
according
the Law
to
respective
of
rights,duties,and
liabilities as
in
regards
England.
goods by ships; stoppage
transitu
salvage ; average ; collision between matters liabilities, claims, contracts, and rights, arising in respect of such shall be adjudged,determined, or as ship, question aforesaid, any any enforced Law to the of construed, and according England
to applicable
Exercise of
and passengers insurance ; freight ; ; demurrage ; ships; bills of lading; and all
carriage of
such
or
the
like
case.
jurisdictionin specified
matters.
aforesaid which, accordingto questions and matters as and determined England, are cognizable by or before any of His Majesty's Superior Courts of Justice, or by or before any and in this Colony by determined County Court shall be cognizable before the Supreme Court of British Guiana or in its civil jurisdiction, and according to the course practice thereof ; and all such questions of England, are which, accordingto the Law 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 and course and that such matters practice of such Magistrates, so as, to according the Law of England, are cognizable or determined by or before two Justices of the Peace may be cognizable and in determined this Colony by any StipendiaryMagistrate.
the Law of
4. All such
Saving of Admiraltj'
jurisdiction.
See No.
".
now
5. Nothing in this Vice-Admiralty Court thereof.
Ordinance
of British
shall in any Guiana

or
way
affect His
Majesty's
practice
the
or jurisdiction
Ordinance
7
of
1893
34.
ORDINANCE
A.D.
"
No. consolidate
7 the
OF loans
1864.
1864.
"
"
An
Ordinance
be raised
to
authorized
to
Ordinance
No.
s.
for
Immigration Purposes.
Combined
as
of 1891
7 incor-
porated.
the WHEREAS,the-20th
at was,
on
"
Annual
Meeting
of consolidate of loans
of
the
Court,
:
"
it
day
June, 1864, resolved

the for
follows
1. That
it is
expedient
the
to
authorizing namely,
"
raising
following immigration
Ordinances purposes
;
Ordinances of bonds the
No.
to
16 of 1855
amount
and of
No.
8 of
the of
"150,000
from India
1857, authorizing the issue of for the payment sterling,

:
passages
immigrants
316
No.
7.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1864.
of one hundred (2.)Each of such bonds shall be eithei' for the sum of five hundred of hundred two or or pounds sterling, pounds sterling, for any of the of one thousand or or pounds sterling, pounds sterling, of four dollars and like amounts dollars in the at rate eighty expressed cents to the pound sterling, payable to bearer at the expirationof such periodnot exceeding ten years after date as from time to may time be fixed by the Governor-in-Council, and bearing interest at a ra,te not exceeding six per cent, to be : paid half-yearly per annum, Provided that the total amount of such bonds outstanding at any one time shall not exceed thousand four hundred pounds sterling. (Amd. 6 of 1895, s. 5.)
Sums taken bonds
to be
for issued.
5. them the
The
Commissioners
of money
may
accept for any
bonds
to
be
issued
by
in
any svnns said bonds any
mentioned equal to or exceedingthe sums the of respectively, previous sanction or, with of money less than any such
sums.
the
Governor,
Power
to
sums
6.
"
appoint
agents in the
United
(i.)The
in for of the
Commissioners
time
to
may,
with
an
the consent
of the
Governoror
in-Council, from
elsewhere
time
appoint
agent
or
agents in London
of
United
Kingdom.
bonds,
purposes the
receiving and
acts
Kingdom paying
for the money,
disposingof purpose and generally for all
the the
this Ordinance. done

or
(2.)All
terras
of
his
their
intents
and
purposes
by any snch agent or agents, in conformitywith appointment, shall be as good and valid to all if the same had been sioners. done as by the Commis-
Keeping
accounts
of
7.
be them with
as
"
by
(1.)The
Commissioners
with the such
shall bank
or
keep
an
account
as
with from
the time
Receiver
to
tlie C'onmiissioners.
General, and
under the
also
banks
may
time
appointed by
any Receiver time
all sums Governor-in-Council, and of the provisionsof this Ordinance shall General with such bank or or hanks, in
to time
so
received
be such
by deposited
manner
may
from
be found
convenient.
be
(2.) No sum cheque,order, or

Paying over
of amounts
depositedshall
drawn
thre(! of
out
except upon
Commissioners.
bill,
instruction signed
of the
by
the
8.
The
Commissioners,out
to
amount
tlie funds Receiver
at
their
disposalunder
or
this
or
applied for by the

Governor.
Ordinance, shall pay over banks as aforesaid, any

of the
or
General,
to
such
bank for
purposes such bank
mentioned
or
in shall
applied for by the section the 3, and

hold the
same
Governor Receiver the
any
General,
Governor's
banks,
subject to
tind
or
warrant.
Crediting of
the Commis-
9.
The
Receiver
in
General in such
shall
collect
or
sioners the with

received the Receiver General mimi-
depositto
shall money of
the
credit
of
Commissioners
current
bank
banks,
all
sums
credit the received
missioners Comor covered re-
sums
account, with
by
from
for the time hy him, under the provisions of any Ordinance in force relating to Asiatic being immigrants,from any immigrant or
grants and
employers.
'S'ee Ordinance No. 18
employer,
the under
on
account
of
whom
to
any
bank
payment
or
may
have the
been
made
to
Receiver
General, or
such
banks, by
Commissioners
this Ordinance. The
0/1891. Payment of and jirincipal

interest
of
10.
the
Conmiissioners
the last
out shall,
of the
sums
to
be received
under
terest in-
provisions of
bonds, and
investment of
lawful
surplus.
and preceding section, pay all principal becoming due upon the bonds by them issued ; and it shall for the Commissioners, after making such payments, with
be
the
A.D.
1864.]
the
CONSOLIDATED
IMMIGRATION
LOAN.
[No.
to
7.
317
approval of
credit in such
Governor,
as
to
invest may
any
balance
most
remaining
their
manner
to
them
appear
advantageous.
not Revenues the Colonial appropriated by Pledging of specially the of this Colonial continuance force in shall, during already any Revenues for Ordinance, be held to be pledged for the payment of the principaland iniyineut of the proprincipaland interest becoming due in respect of the bonds issued under visions
11."
('")All
Ordinance
hereof.
interest Vjonds.
this the
which be credited to the Commissioners (2.)If at any time the sums may of by the Receiver General, under the preceding provisions so Ijecomingdue, Ordinance, are insufficient to meet any payment Ooiuniissioners shall
report the
his warrant
amount to
deficient
to
the
Governor,
who
him with
shall
to
thereupon issue
the
the Receiver
General
directing
his
credit
amount
Commissioners,
to recjuired
from
the
make
in public moneys good such deficiency. any
hands,
shall repay Genei'al any to the Receiver (3.)The Commissioners be whenever there may sum so paid by him out of the public moneys of hands after balance or a payment remaining in their any principal interest
then
due
upon
such
bonds
as
aforesaid.
is
cause
12.
new
"
(1.)In
to
accident
this Ordinance issued under bond any for Commissioners shall be lawful the to defaced, it
case
by
a
Replacement
of defaced bond.
Ijond
be
to
made
and
delivered
defaced
bond
be
cancelled, and
Receiver
and the Ijearer, to cancelled the bond so

to
cause
the
shall
be
depositedin the Office of the (2.)The

sum,
new
General.
same
bond the
same
shall bear
the
number, date, and principal
and
carry
interest, and
be
subjectto
the
same
rules
as
the
bond. original The Commissioners

this
on
proof to their satisfaction that any bond Replacement of lost bond, has by accident been lost or destroyed payment of tliereof,if and amount has been before the same paid off,may, if the number for overdue. such bond are ascertained, and on being furnished with security which at for loss Colonial Revenues to the they indenuiifying may any issue a new bond corresponding time be reason thereof, subjected by any when lost or bond witli the l)ond so lost or destroyed so ; or, if any due the to be is cause thereupon overdue, they destroyed money may paid off and discharged.
13.
issued under
Ordinance
or
14. of such
of in each
The
Receiver
General
shall
keep regular accounts

; and
a
of balance
all the
of Furnisliing annual balance sheets.
and receipts
disbursements
of the Commissioners
sheet Court
accounts
as
shall be furnished
as
by
him
to
the Governor
of
and
Policy
soon
after practicable
the
day thirty-first
December
year.
No
15.
person
shall have
any
rightof
of the
action
against the
sioners, Commis-
Relief Commis-
nf the
or non-payment of any principal any of them, by reason from issued by them be due upon interest which ; but any personal or any bond may etc. General in like liability, shall be brought against the Receiver such action
sioners
manner
of any
any action due other sum

as
brought againstthe said by or from the Colony.

the connnencement
or
officer for the recovery
16. the
From
and
after
of this several
cease
Ordinance,
any
the
Discontinumissioners Com-
appointed by preamble of this Ordinance
under
the
Ordinances issue
recited
in
anceissue
of
of bonds
under
shall
to
bonds
under
previous
318
No.
7.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1864.
Immigration
Loan ances. Ordin-
the said
of
Ordinances
under
as
or
Commissioners
to act as any of them, but they shall continue the several Ordinances aforesaid for the purpose
paying
they
become
due
all bonds
issued
thereunder
and
the
interest
accruinsc thereon.
SCHEDULE.
FoEM
Ordiuiincc Section 4. Xo. 2.
OF
Bond.
7
"
of
1864.
(1.) The Seoretary, two to be nominated by the persons not being public officers, Governor Keceiver the General, and the Immigration Agent time General for the being respectively shall be, and to hereby declared they are for carrybe. Commissioners ing
Section Government
into this
British
Guiana.
effect the called

the
purposes
and
"
of
Consolidated I mniiy ration Loan Bond.
Ordinance,
they
dated ConsoliLoan missioners Coma
shall be
Immigration
Commissioners."
Series
No.
" missioners ComNo. 7

to
sum
(2.) Three
for the hereinafter
Section
of shall
such form
The
Consolidated
Immigration
under
Loan
rum quo-
ness, despatch of busisubject to the provisions contained.

4.
"
appointed
of the Year yi9i
owe
Ordinance
1864, do hereby acknowledge

or
to for
on
(1.)
from
The time
Commissioners
to
"ôf
bearer, the
may
the the
1
,
payment
of which
receiving from s^''^ at the Governor an application j^ in terms of the last precedingin such section, issue bonds ^"i^ât time,
on
diy of
with
,
interest
annum,
the
rate
of
six
per
cent,
same
per
number
to
as
may
be
sufficient
so
provide the for,and ajpplied

contained
to in
amount in the
or
1^^^
"2^S^
payable half-yearly,at the

successive
next
place,on
the
the
Form
days of
ensuing
of the the date of
Schedule
as near
this
Ordinance,
as
thereto
circumstances of such for

two
esfa""3
this
Bond,
on
the
surrender hereto of
respective
admit.
Interest ^'Sys bonds the

sum
Warrants Revenues
as
attached, the
Guiana
are
(2.) Each
shall be
.-,J^^ Colonial
British
either
of
of
one
hundred
or
pounds
ling, ster-
'e^gss pieged
under security
the
provisions of the
hundred
^âS^
said Ordinance.
pounds
hundred
one or
of five sterling, or or of pounds sterling, thousand pounds sterling,
Given
under
Public rara, 1
our
hands,
at
the
Guiana Deme-
for any
of the
in
like amounts
at
buildings, Georgtown,
this
expressed
rate cents to
dollars
the
day
of
of four dollars and tVic

to
pound
at such
eighty sterling,
the
piration ex-
payable
bearer
ten
of
licriod not
Consolidated
exceeding
as
may
from
years after date be time to time
Immigration
mm
Loan
Commissioners.
Governor-inby the Council, and bearing interest at a rate not exceeding six per to be cent, paid per annun, tliat half-yearly : Provided fixed the total
shall not
H
mount at
of such bonds
any
one
mm
outstanding
thousand
time
exceed
four lumdred
pounds sterling.
A.D.
1865.]
PENAL
SERVITUDE.
[No.
1.
.319
COUPONS. Bond The No. Consolidated the bearer

1
,
Interest
Warrant Loan the
No. Commissioners
(Note.
"
10
Coupons
to each
Immigration
on
to Le attached
Bond.)
will pay
day
one
of
at
on
being
the Bond No.
interest half-year's
Consolidated
Loan
Immigration
Commissioners.
ORDINANCE
An Ordinance
to
No.
OF
1865.
amend
tlie Law
relatingto
Penal
A.D.
^"
1865.
"
"
Servitude.
Ordinances
May, 18(55.] [27tli
No.
ss.
of
lfi85
8 4-6,'
and
it enacted
by
the
Governor
and
consent
of the Court
may
Guiana, with of Policy thereof,as follows

as
of
British
the
:
"
9 and 13
advice
No.
s.
of
1894
in(6.)
corpora
1. .This Ordinance 1865.
be cited
the
Penal
Servitude
Ordinance,
Short
title.
Granting
2."
of Licence.
to
) (1.
It shall be lawful
to
for the Governor
gi'ant to
any
convict may
Power Governor
to the to
heretofore hereafter
Ordinance.
sentenced
be
sentenced
or transportation penal servitude,or who under to penal servitude, a licence
this
gi-ant licence
to convict.
(2.) It
such 3.
force licence. So and
shall be lawful
for the Governor
at
any
time
to
revoke
any
long as
any uuforfeited
licence and
granted under
unrevoked, the
this Ordinance holder

thereof
continues
shall
not
in
Eflect
of
be
licence.
liable to be
to
go and
remain
of his sentence, but shall be allowed imprisoned by reason of such licence. at largeaccordingto the terms
4. A
forth in may
licence Form
granted
No.
under
this
Ordinance
may
to
be in the
form
set
Form
of
1 contained
in the Schedule
this Ordinance, and
licence. Schedule Form No.

:
be written, printed, or
"
lithographed.
for the Govex-nor, whenever of under sentence
from that
set
1.
5.
to
(1.)It
in any
shall be lawful time

to time
he thinks
in the
fit,Power
Governor
to the to differthat
grant from
this
to convicts
penal ser^'itude
Schedule
licences
to
other form
which and of
different
forth
grant licence
in I'onn
Ordinance
he
may
consider
annexed
it
expedient to adopt,and
to
infi from
containingother (2.) A copy

under
set
different any
conditions.
any licence in
in Schednle.
conditions than
to
granted
the
form
this section, other forth in the Schedule

and Court of
the this
conditions
contained
Governor
Policy
Ordinance, shall be laid before the within month after the issuing of one
such
licence.
(3.) Any
deemed
the Governor's
granted under this section shall be revocable at pleasure; but no holder of any such licence shall be of ofi'ence punishableon conviction an merely guilty summary
licence of the
by
reason
breach
of
the
conditions
of
such
licence
or
any
of
them,
320
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1865.
Observance
Offences holder licence. of
of Conditions
licence
"
of Licence.
in the form
set
by
6.
If
any
to
holder
of
granted
forth in the
Schedule
this Ordinance
(1.)Fails to produce his licence when requiredto do so by any Judge, or other competent or StipendiaryMagistrate, Magistrate before whom he may be brought charged with or offence, by any any constable or officer of Police in whose custody he may be, and also fails to make excuse why he does not produce the any reasonable
same
or
(2.)Breaks
is not
of his licence by an any of the other conditions of itself punishable either upon indictment or upon
act
which
summary
conviction,
he shall
be deemed guiltyof by imprisonment,with exceedingthree months.
an or
offence
on punishable,
summary any
viction, con-
without
hard
labour, for
term
not
Breach licence from
of in
ditions con-
7.
Whei'e, in
or
different from
those
this Ordinance, any conditions any licence granted under in addition in the form to those contained set forth in this Ordinance conditions
or on
on
ing differ-
the Schedule
breaks either any
on
to
are
if inserted,
an
the
holder of such of itself
licence
in Schedule.
such
by
act
that
is not
indictment
summary
conviction, he shall be
punishable guiltyof an
offence
shall any
term
punishable
be
not
liable to
of, thereconviction,and, being convicted with hard without or labour, for imprisonment, summary
exceedingthree
of
a
months.
licence
Obligation on
holder licence of to
8.
is at
"
(1.)Every holder largein the Colony

authorities
of the he
shall
granted under notifythe placeof
this Ordinance
his residence is
to
who
the
dence notifyresior
Police shall
district in which
his residence
and situated,
change
thereof
to Police.
Police changes such residence -within the same and change to the Police authorities of that district, shall also, whenever he changes his residence Police District from one to another, notifysuch 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
also,whenever district, notifysuch
which
of the may
he
a
is
going
as
to reside.
(2.)Every
month, report
of
male
holder
to
as
licence
aforesaid of
himself time
Police ])e
authorities
in every once shall, the district in which
he resides at such
prescribedby
as
the
who
InspectorGeneral
is at
Police.
holder in any of
a
(3.)If any Colony remains

the
licence
aforesaid
place for
to
houx's forty-eight Police
without
the
large in the notifying

district in
place
such
of
his residence
the
authorities
with
of the
comply change of residence,or with the requirementsof this section as to reporting himself,he shall in such case, unless every 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 victed guiltyof an offence punishable on summary conviction, and, being conhard thereof,shall l)e liable to imprisonment,with or without labour, for any term not exceeding three months ; or his licence may, in the discretion of the Stipendiary be forfeited ; or, if the Magistrate, of penal servitude term in respect of which his licence was granted has expiredat the date of his conviction,the StipendiaryMagistrate may him sentence hard labour, for any to imprisonment,with without or
of this section
on
which
place is situated, or
any
fails to
requirements
A.D.
1865.]
not
PENAL
SERVITUDE.
[No.
1.
321
term
has
exceeding three months, or, if the said term of penal servitude thereof but the remainder unexpired is less than three expired, hard at labour, to commence months, to imprisonment, with or without of penal servitude, for such a term of the said term the oxpii-atioii as, of penal unexpired of his said term together with the remainder
not
servitude,will
Provided
not
exceed
that
three the
months
always
Governor all
or
may, any
in any
licence
as
aforesaid,
this
exempt
section.
the holder
thereof
from
of the
requirements of
Ordinance
shall who
or
Every holder of requiredto notifyhis

9.
such of
licence
granted under
change
of
a
this of
is Mode
to
of noti-
residence
report himself,to the Police
or any authorities
his
residence,
|jt"?gl.[d^
district
to the
or
requirement by making
district himself in which and the
the
)iotification
the
residence
is situated
comply with etc. Inspectorof Police by personally senting pre-
who, at the person Station the Police

directed
the
declaring his place of residence to the constable or is made, is in charge of such notification time when such nearest to residence,or as may be otherwise
of Police
on so
by
the
InspectorGeneral
case
and
it shall be the every
duty
of
of
Police
so
in each notified
to
endorse
the
licence
change
dence resi-
and
every
report
made.
be
or
purportingto (1.) Any appointment, direction, or authority have been made Police and to of the General signed by Inspector
10.
"
Proof
of ap-
^t""! mTde'by
the
given
shall be evidence, until the of this Ordinance for the purposes the that is direction, or authoritythereappointment, proved, contrary
Inspector
'
of êêral
by
made
or
given was
that
duly
made
or
given by the Inspector General

from
the
of
Police.
(2.) Evidence
of the
it appears
records
person
that of Police a Inspector General mentioned, to notifyhis residence or report himself,has failed to comply with that such but tion Court
to
or
kept by authority before hereinas required,

to
change
such
of residence,or shall x-equireraent
be
prima farie evidence

if the
to
report
shall the
any
has not quirement, complied with such reperson such notifica he made that alleges charged person particularperson or at any particulartime, the
requirethe
truth
or
attendance
of
of such
such
persons
as
may
be necessary
prove 11.
falsehood
allegation.
take whom into he Apprehension
of holder
without officer may, warrant, Any constable or police Ordinance this under of licence holder a granted custody any reasonablysuspect of having committed any oftence, or may
of in
licence
out with-
of having
him in other
warrant
broken
any
of
the
conditions
of
his
licence, and
may
detain
certain
cases.
custody until he can be taken before a StipendiaryMagistrate or competent Magistrate,and dealt with accordingto law.
1 2.
an
"
by
writing officer by take into in charge of any Police Station, without custody and warrant, for before a adjudication any holder of a StipendiaryMagistrate bring stable conto such this Ordinance, if it appears licence granted under police dishonest that such holder is getting his livelihood means. by (2.)If the facts proved before such StipendiaryMagistrate show hood is getting his livelisuch holder that reasonable grounds for believing be guiltyof be to deemed shall such holder dishonest by means, offence punishableou conviction, and his licence shall be an summary
constable may, (1.) Any police Inspectoror non-commissioned
if authorized of
to
so
do
in
Apprehension,
under holder licence written of ently appar-
ofhcer
Police
or
the
authority, of
living by
dishonest
means.
forfeited.
322
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1865.
Forfeiture and
Forfeiture licence. of
Revocation
of Licence.
set
13.
Schedule
or
If any holder of a licence granted in the form to this Ordinance is convicted,either by the his
own
forth of
in
a
the
verdict he
Jury
or viction. con-
upon
of confession, shall be
any
offence
for
which
is indicted of such
charged,his
14.
the Where
licence
forthwith
forfeited
by
the of
virtue
Proceedings
where holder is of licence convicted.
First
on
any Schedule
holder
to
of
licence
granted in
is convicted this
or
form
an
set
forth
in
this Ordinance under
offence
able punishdelay
forth
sununarily
Justice forward
or
summary other
conviction
any
other
Ordinance, the
without
set
Magistrateconvicting the
a Secretary
prisoner shall
to this
to
the Government 2 contained of such
certificate in the form
Schedule Form No.
in Form
2.
No.
in the
Schedule may
Ordinance,
in
manner
and
upon there-
the
licence
holder
be revoked
hereinafter
provided.
Procedure revocation licence.
on
15.
under
"
(1.)If
this
it
the pleases
Governor
to
revoke
any
licence
granted
of
Ordinance, it shall be lawful for the Government to Secretary under his hand, to any Stipendiary signify, Magistratethat such licence has been revoked, and to require such Magistrate to issue his warrant for the apprehension of the person such to whom licence was granted ; and such and such Magistrate shall issue his warrant accordingly, shall and may warrant be executed by any policeofficer or constable.
(2.)Such
brought
who
as
person,
as
soon
shall
apprehended under convenientlymay be before thereupon make out his warrant

which
when
such
a
warrant,
shall
he
Stipendiary trate, Magisby

in virtue
for the re-commitment
of such
from to the Prison person his licence or to any other Convict

Effect of forfeiture licence.
or
he
was
released
of
Prison.
the form
set
16.
Schedule
Where
to
vocation re-
any licence this Ordinance is revoked
granted in
in
forth
the First
able indictunder
or
is forfeited pursuance the person
of
or offence,
by
of
a
conviction
this
or
any
other
Ordinance,
whose
summary licence
of any conviction
is forfeited
revoked
be
after undergoing any shall, for the offence
other
punishment
of which of
to which
sentenced
or
in consequence
his
he ma}'licence is forfeited
the the
revoked, further undergo a term portion of his term of penal servitude time of his licence lêing granted, and
such he of
penal
servitude
that
remained
equal unexpired
to at
for shall,
undergoing
Prison under under
sentence
last-mentioned
may be
punishment,
to
be
the purpose of his removed from the in which
in which
confined may of the
any
Prison
convicts
warrant
penal servitude
be confined, lawfully by
of any Justice there dealt with in all respects as formed

Committal
to
the hand
Peace, and
term
shall
be
liable to
be had
if such
of
penal
servitude
part of his originalsentence.

any offence
1 7. Where
this him removed and any
involves
forfeiture of
the until
licence
grantedunder
may
mit com-
prison of
holder of forfeited licence.
(Jrdmance,the Court
to any to
by
term
which
to
offender is convicted
he
can
Prison, there
while
so
remain
undergo the
of
person
committed
penal servitude to shall be kept to
conveniently be which he is lia]"le,

hard labour.
Procedure.
Procedure and
18.
in
Any
may
manner
offence
appeal.
(S'cfi Ordinance No. 1893. 12
be
of
on viction conpunishable summary prosecutedsummarily before any StipendiaryMagistrate directed by any Ordinance for the time being in force
under
this Ordinance
^24
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1866.
ORDINANCE
A.D.
~ "
No.
the Law
OF
1866.
1866.
"
"
An
Ordinance
to
amend
relatingto Pounds. [1st July, 1866.]
No.
Ordinance 14 of
1890 No. 1903
sAand 26 of
s.
2 in-
enacted B corporated.
E it and
by
the
Governor
consent
of the
Court
be
of
Guiana, with Policy thereof,as follows

of British
as
the
:
"
advice
As
to
Georgesee
1. This 2. The
Ordinance
town, No. 1898 New 1891 Short Power
may may
cited
the
Pounds
Ordinance,
1866.
Ordinance
25
ss.
of
; as to
Governor
The him
from
time
to
time, by Proclamation
Pounds
that
to
be the
173-178 No. Part
dam, Amster8
publishedin Colony as to
established
Gazette,establish Official
may continue the
seem
in such all the
parts of
fit : Provided
of
shall unless
to
be
kept subject to
at
Pounds already of this provisions

directs.
X.
Ordinance,
3. The
of such that
a
Governor
any
time
otherwise
title.
to
the
to
Governor Pounds member

Station other in
Governor establish Pounds.
appoint fit and may who shall hold office

of the
at
proper
during
to be keepers persons his pleasure : Provided
every
or
Police
a
Force
for the
Appointment
of Pound
Police
which
Pound
is established
further Pound
keepers.
while
appointment,act as and charge of such Station.
in charge of shall,without any the keeper of such be ex-officio time
being
Impomiding
of stray
on
l)rivate premises.
on stray being found trespassing any privatepremises or in possession of such land, owner oi- person premises or land may authorized take, or by some one by him in writing send, such stray to for the nearest Pound, and, so doing,he shall receive from the keeper thereof the sum of forty-eight for every horse,mare, cents gelding, pony, for every cents or mule, bull,cow, ox, heifer, ass, and steer, thirty-two twenty-four cents for every calf, sheep,or goat.
4. On
any
the
Poundage
money and expenses.
from
and receive before delivery, demand Pound-keeper shall, for of forty-eight cents claiming any stray the sum gelding,pony, mule, bull,cow, ox, heifer,or steer, every horse, mare, for thirty-twocents twenty-four cents for every calf, every ass, and in addition tioned mento the reward sheep, or goat, as poundage money, of in the last precedingsection, and in addition to the expense and the feeding advertising stray. of (2.)The Pound keeper shall be entitled to charge the sum diem cents each for twenty-four horse, mare, feeding gelding, per pony, for mule, ass, bull,cow, ox, heifer, or steer, and eight cents per diem each the that and Provided calf, feeding no more : sheep, or goat, with of any mare, cow, sheep sent to the Pound young ass, goat, or
"
5.
(1.)The
the
person
its
mother
or
dam,
under
six
months
old, shall
not
be
liable
to
poundage.
Impounding
of stray
on
6.
Any horse,mare,
gelding, pony, mule,
ass,
bull, cow,
on
ox,
heifer,
publicpremises.
public straying any be seized premises or land (other than a public road or bridge) may and impounded by any police officer or constable, or by any person authorized in writing by the District Commissary of Taxation ; and the same of, pound fees shall be paid and received in respect of any therehereinbefore provided in respect of strays on private as are premises
goat tethered,grazing, or
or
steer, calf, sheep,or
land.
A.D.
1S66.]
POUNDS.
[No.
1.
325
or on trespassing straying premises or land Mode of any private with of such premises '^^;.'^"^8 or destroyedby the owner person in possession land ; and all swine or strayingor trespassing on any such public passing, premisesor land may be destroyedby any policeotKcer or Cdnstable or
7. All swine
be
may
other
of all
person swine
authorized
so
as
aforesaid
; and to
in
either the
case
the
bodies
destroyed shall
who
belong
persons
destroying
them.
8. Every person
"
(1.) Releases
purpose
^
or
attempts iu
the
to
release under
or
of way
being impounded
i to
any the
stray which
authority
or
is taken
for the
Penaltyon
P^''^""
niK
or
of this Ordinance
on
lu the
tT
'^^^^""^
round
rescuing
stray,etc. said the
(2.)Damages
(3.)Rescues
which
or
or
destroysthe
with which
Pound,
same
any
or
lock
;
or
or
longing bolt be-
thereto,or or releases, or
is fastened
rescue
attempts
the
to
release, any
Ordinance
of
stray
until
is
impounded
same
under
before the
is
authorityof dischargedby due course

liable to
a
this
law,
shall,on
being convicted thereof,be taking any

or
penaltynot
exceeding
dollars. fifty 9.
in any
to
No way
person
animal
same
to
the Pound
if any
shall ride the

person way takes
to
same
or
Penaltyon
person
on
beat
ill-use the
any
so
; and
any
animal
illto
the
Pound
by
way
other
than
the
nearest
the
Pound,
using stray
way Pound.
every
and
such party
shall,on
offendingshall being convicted, be

who
forfeit all
liable
to
a
right to the poundage, penalty not exceeding
twenty-fourdollars.
10. Every (1.)Drives (2.)Breaks
any person off
a
"
Penaltyon from fence the

or
any
animal in any
or
premisesof the
owner
or
imperrôn properly pounding imanimal
gap
a
enclosure with
animal
owner
or
the view
of
making
as
animal
(3.)With
or
stray ; the like view, takes

he is not
any
from
land in
of which
the
premises any private authorized by or occupier,
stray.
him
on shall,
writing, being convicted,be
liable to
so
penaltynot
off
or
four dollars for every animal driven off or taken ; and so
driven
taken
or
exceeding twentyattempted to be
the
full
Pound, every such

expenses 11
.
"
person
of
poundage
if any such animal is I'eceived into shall in addition be liable to repay the of such animal. to the owner
the
nearest
case
Stray not to ing takingany stray with the intention of impoundperson be detained shall detain it more than three hours before sendingit to the before being Pound, unless the said stray is taken up after sunset, in which sent to Pound.
same
(1.)No
the said Pound before eight o'clock in the following morning. (2.)Every person who detains any stray for a longerperiodthan aforesaid shall,on being convicted, pay for each stray so detained a not penalty exceedingfive dollars.
he
shall send
it to
12.
enter
"
(1.)Every Pound-keeper shall keep a

each stray is received, the
also the
name
book
name
in which
he
shall Keeping of
record of im-
the date when

to
of eveiy
or
person
stra-
sending a stray,and
such
of
the
person
taking
delivering
pounded
of each the Pound, with the colour,description and marks stray the from the and whence it the to place sum stray, was sent, paid party impounding ; and such book shall be free for the inspection of any
person
during the day, without

1.
any
fee. 22a.
VOL.
326
No.
1.]
(2.)If
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1866.
any
Pound-keeper
"
(a.)Neglects to (c.)Refuses
aforesaid
;
or
or
make
such any
entries
or
(b.)Wilfullymakes
false, erroneous,
or
incorrect
entry
or as
declines to
fee for
produce
so
his book
when
demanded
(d.) Demands
he shall dollars. Feeding of
impounded
stray.
on
any
doing,
a
being convicted, be
liable to
penalty not
exceeding fifty
13.
each
"
stray in his Pound
(1.)Every Pound-keeper shall procure for,furnish,and give to sufficient quantity of good grass and water a
daily. of any neglector omission such Poundto do so, any (2.) In case be liable to not on a keeper shall, being convicted, exceeding penalty and and be liable above such penalty, shall,over twenty-four dollars,
to
immediate
dismissal. shall
Public ation
of of
14.
in every
on
Every Pound-keeper
a
publish once
strays
in his and
every
week
in
The
cial Offi-
weekly list
strays.
Gazette
correct
list of all the recorded liable to
as particular
in his
a
book,
them Pound, describing in default thereof, shall,

dollars for
being convicted, be
such
omission
or
every Receivingand of delivering strays.
neglect.
(1.)Every Pound-keeper,or some person appointed by him as and for whose omissions in respect of any matter acts or deputy, or under be Ordinance shall shall be this he thing constantly responsible, 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 of, thereliable such be to a convicted, shall, on Pound-keeper being every penalty not exceeding ten dollars for each time he or his deputy is so
15.
"
his
absent. shall (2.)No'sti'ay hours

Prohibition
of
be
received
at
any
Pound
except
between
the
aforesaid.
If
16.
any
Pound-keeper
"
hiring out or pounded using of imstray.
(1.) Hires
;
or
out, lets, uses,

any any
works,
be taken
or
employs
out
any Pound
stray animals
pounded im-
(2.)Allows (3.)Suffers
he shall for
stray
to
of
to
the
stray
such
while
impounded
be ill-used
wrongfully; or or injured,
be
liable
to
a
every
offence, on
being convicted,
dollars. penalty not exceeding fifty

Sale of
claimed un-
17.
"
(I.) Incase
within
one
any
stray which
same
has
been
impounded
one
is not
deemed re-
stray
after notice.
week, the
shall be sold. advertise

for
(2.)The
Pound-keeper shall
Gazette for sale all strays,except board a to be placed in some upon
Pound, the
and
Prohibition of
intended such
(3.)Every
three o'clock in
If any
Official notify, sheep the at or near conspicuousplace sale of all strays for two days beforehand. sale shall take the hours of eleven placebetween the day.
and
week
in
7'he
goats, and
he
shall
18.
shall be
Pound-keeper or
unclaimed
pound-keeper purchasing stray.
purchases any
be thereof,
and v(n(l,
liable
or indirectly, deputy, either directly of his Pound, the out purchase he shall for every such offence, on being convicted dollars. in addition to a penalty not exceedingfifty
his
stray sold
A.D. 19.
shall
the
1866.]
(1.)Every and regularly,
"
POUNDS.
[No.
who is
a
1.
327
member
at
of the Police Force

once
Pound-keeper
to
Accounting by
least
in each credit of
month,
the
General
of
Police,to the
have
out
over pay PoHce Pound
the
Pound-Keeper spector Inbeing police

officer.
Fee
Fund,
proceeds of
as
all sales
amounts
he may
and
a
of strays made paid for rewards.

Fund of five
by
him
after
deducting such
Pound-keeper shall be other gratuityas or dollars, gratuitymonthly the Governor-in-Council from time time be to pleasedto appoint, may and from and out of such Fund shall be defrayed all expenses incurred for establishing Pounds and for advertisingand feeding strays and other incidental legalcharges, and the balance,if any, shall be annually
every entitled to
such carried
to
(2.)From
of such
such
the credit
of the Police Reward

is not in
a
Fund. member of the

Police
to
20.
shall ceiver
Every Pound-keeper who and least once at regularly,

General the balance the of the
Force the Re-
by of money sums deducting paid for rewards, the expenses of poundage and and of advertising feedingstrays and other incidental and commission for his and benefit of five per a own use legalcharges,
him,
after
cent,
on
pay over proceedsof all sales of strays made
each
month,
Accounting i)y Po""d-keeper

police officer,
the If
amount
of
all such
sales. Penalty on Pound-kteper
to Pound-keeper fails or neglectsduly and faithfully any with the provisionsof either of the last two preceding sections comi^ly
21.
failure or to his case, he shall for e.\evy such applicable account" convicted be liable to a on thereof, neglect, being penaltynot exceeding twenty four dollars ; and in the event of his not paying over any money which
may
be
in his hands within such back
on
account
of
the
sale of
strays
to
the
the him.
time
in
that
behalf
pay
prescribed,he
the
amount
proper shall, in
officer and
addition
so
tc
penalty,forfeit by
If
and
double
of the money
kept
any person Magistrate,after the
22.
stray, the
case
to the satisfaction of any Stipendiary Payment to proves, of owntr sale of any stray, that he was the owner of such balance of of Police Receiver the the or General, as InspectorGeneral
sale of stray.
may
owner
be, shall,upon
the balance
the of the
order
of
such
Magistrate,pay
over
to
such
may
have
been
paid
into
his hands. has
proceeds of the sale of such stray (Amd. 28 of 1902, s. 3.) duly

has
s.
which
23. under
Any stray
this
which but
been
advertised
and
put
be
up
for sale
Unsold i"'iy ê
stray
Ordinance,
which
not
been
sold,may
destroyed
by
the
Pound-keeper. (26 of 1903,

All
2.)
destroyed.
penaltiesand forfeitures under this Ordi- Procedure and and the appeal, Stipendiary Magistrate, may any shall be conducted and shall be subjectto the in the manner, same for the time Ordinances being in force appeal, provided by any regulating procedure before Stipendiary Magistrates in the exercise '?'f*^'.'^'" and of their summary jurisdiction appealsfrom the decisions of Stipen- ^^^^^ jsô. 13 of 1893. diary Magistrates, (s.23.)
24.
prosecutions
be
for
nance
instituted
before
25.
"
(1.) The
Governor-in-Council
with
generalrules
in specified for the
and orders,consistent for reducing all or any of the Pound this (Ordinance, and and
for
of this Ordinance, provisions fees and other chargesand expenses regulating the mode of accounting
may the
from
time
to
time
make
Makin" nJes and '''"^^rs.
of
for the guidance and government of Poundgenerally same, keepers in the dischargeof their duties. zette, Ga(2.)All such rules and orders shall be publishedLa The Official shall be binding upon all persons concerned. and, when so published,
328
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1866.
ORDINANCE
1866.
No.
OF
1866.
An
Ordinance entitled Guiana."

"
to
re-enact, with
No. for Ordinance
certain
21
Amendments,
1853,
British
Stohsequent
additions
to
of Ordinance the provisions

An
of the Year
By-laws
Mules in
and
incorporatingthe Royal
tained con-
Agricnlturaland
Commercial
Society
of
Schedules
incorporated.
[24th November,
1866.]
formed was day of March, 1844, a Society The under of the name tural AgriculColony and Commercial ; Societyof British Guiana far said Societyare to promote, as the objects of the And whereas of the of and the agriculture as encouragement possible, improvement of of industry, branch the Colony, and of every whereby the resources the also ing collectand be to as the Colony are increased, developed likely such subjects on and disseminating of useful information ; that its funds the intentions of the said Societyare And whereas
WHEREAS and
on
the
18th
instituted
in this
"
"
shall
be
devoted
to
the
establishment
and
maintenance
of
suitable
City of Georgetown for the use of the members, public and Model viz. : an Exchange Room, a Reading Room, a Museum Room, and a Library,and to the awarding of premiums and grants of
rooms
in the
"
money
of agriculwith the advancement ture, Societymay deem expedient; And whereas permission was granted to the said Society by Her of The Royal and designation Majesty the Queen to take the name ]Society of British Guiana and Commercia ; Agricultural Her And whereas Majesty the Queen was further pleased to become the Patroness of the said Society; 1853 Ordinance No. 21 of the Year And whereas was passed for the and the of legallyincorporatingthe said Society by name purpose " British and Commercial The Society of style of Royal Agricultural for such purposes
or
connected
as
manufactures,
trade
the
"
"
Guiana And the

as
"
whereas
by by
it
inadvertence
to
the
said
said
to
Ordinance
acquire
;
immovable
same
empowered by Society was limit property without any

was
value, and
whereas with
reason
thereof the been deemed

said
not
submitted
to
Her
Majesty
And Ordinance value Be with
:
for confirmation has
expedient
and
a
to
re-enact
the
as
said
to
certain
amendments,
the
reasonable
limit
;
the
of the
property which
Society may
Court of
acquire
it therefore enacted the

"
by
the Lieutenant-Governor of the
of British
Guiana,
as
advice
and
consent
Policy thereof,
lows fol-
Shoi-t title.
1
.
This Ordinance
may
be cited 1866.
as
the
and Royal Agricultural
mercial Com-
Ordinance, Society's
Interpretation
of terms.
"
2. In
this
Ordinance,
"
"
Commercial the Royal Agriculturaland Society means Ordinance this British : of Guiana incorporatedby Society
The
"
Member associates
"
extends
of the
to
and
includes
every
class of
members
and
Society.
A.D.
1866.]
who persons hereafter may
as
R.
A.
AND
C.
SOCIETY.
[No. 2.
and such Society, accordingto hereafter sons persuch
of and
"
329
3. The
.
now
are
members
of
the
Incorporation
The
as
be admitted framed
members
thereof
or
Royal
Agricultural
by-laws
under
have
been
by
the this
Society,
may
be framed
Ordinance, shall by virtue thereof Couiniercial Societyof to be, for the be, and aforesaid, one purposes British and corporate, or Guiana. and body politic legal incorporation, by the name styleof The Royal Agricultural and Commercial Society of British Guiana," by which name they shall have perpetualsuccession ; and by the same shall be in law name capable of suing and of being sued, pleadingand 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 whatsoever causes ; and
the contained in powers shall hereafter continue
"
shall be able and
capable in
their
the
law
to
purchase, receive,
chattels
possess,
and
enjoy
and
to
them
and
successors
also be able
contrary
to
them
and capable Ordinance to the or to take, purchase, notwithstanding) enjoy, possess, hold, and and their successors, ments, lands, teneplantations, any messuages,
an}'' goods and in the law (any law
whatsoever,
and
at
hereditaments exceed
whatsoever, provided
the
sum
that
the
same
shall not
pounds sterling ; and to mortgage, sell, exchange, transport, lease, and dispose of the full power at pleasure to the Society to lend out the money, same ; with and and effects funds, received,or to be acquired and alreadyacquired the real or personal, such to invest or received,by Societyon security, banks of this Colony the same in the stock of such of the incorporated of the United lony or Kingdom, or in such of the public funds of this Cobe and of determined the United as or Kingdom, approved may of by the Societyaccording to the laws and by-laws of the Societyfor the time also, to the Society to borrow being in force ; with power and if in its corporate capacity aforesaid, to grant necessary, money,
any
ten
time
in value
of
thousand
mortgages, bonds, and
other
securities
for the
same
and
with
power,
also, to the Societyin all other things to act, and do, and the law permits, and as is i^sual in the case such manner as
and incorporated, with all the incident privileges
to
proceed in
of persons
such
tions. incorporaPower
4. bodies
and
It shall and
may
be lawful
for all and
every
person
and
persons,
to
and corporate (beingotherwise politic competent),to grant, sell, EânUauds to of the Society the Society, and and unto to the use alienate, transport, lease, convey their
successors
any
messuages,
lands, tenements,
and
ments. heredita-
5. AH leases, Mode of takin?,' transports, mortgages, charters, grants, dispositions, transport,etc. and and instruments deeds all other transfers, securities, assignments,
to be granted to or by the Society personal, and the granted by Societyin the corporate name that is to say, and title aforesaid, The Commercial Agricultural Royal of any of the the names Societyof British Guiana," without specifying constituted members of the Society. office-bearers, or
affecting property,
shall be taken
to
real
or
and
"
transports, mortgages, deeds transfers, assignments, or other deeds

6. All
the and
of conveyance, whatever
contracts. Subscribingcf leases,

transpon,
etc.
touching or concerning
of all powers of whatever the
estate, real
powers ad
or
of the personal,
all notarial
and Society, instruments Treasurer the
attorney
kind
or
Hies,and
the been
shall be subscribed description, time
being of
same
the
had
or by and shall be eouallyvalid Society, of signedby the whole members
Secretary for the

effectual
as
and
if
the
Society,
330
No.
of to be
to
or
2.]
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1866.
Service notices
given
the
by
and
Society.
(1.)All notices requiredby law to be given to the Society may the Secretary for the time being of the served legally upon with his at residence, or or by leaving the same any Societypersonally and of the Clerk the at Assistant rooms or Society, every Secretary notice so served shall be held to be good and sufficient notice to the and to each in its corporate capacity aforesaid,and every Society
7.
shall be
member
thereof.
(2.)All notices requiredto be given by the Society may be given or by signed by the Treasurer, Secretary,or Assistant Secretary, from time the hereafter to time such other person as Society may appoint.
and
Exclusion of
8.
the
An
essential
of principle
at
the
constitution and in its
political
from questions
total exclusion of
a
its
meetings
Society shall be proceedmgs of all questions

of the
proceedings of
the
Society.
or
at
Office-bearers of the
nature or tendency ; and this principleno resolution political the of account or on shall, pretence whatever, Society by-law any controvert. time or infringe any
9. The
or more
office-bearers of the
Society.
Vice-Presidents,six
Directors,
the
a
Societyshall consist of a President, one or more Ordinary Directors,three or more

a
Managing
as
Treasurer, and
hereafter
Secretary and such

fit to
other
bearers office-
Societymay
and
think
appoint.
be
and indefinite, and with
Number
and
10.
such
or
The
number
of members
may the
of the
Societyshall
in the
classification of members.
the said members

individual
shall be classed
such
manner,
as privileges,
by-laws of
time
to
hereafter 11.
In
to be
framed,
of the
debt
may
from
alreadyframed Society, time appoint.
Limitation of liability members.
of
the event
no
of any
annual time
kind, borrowed, or for

be due
member the
as
of the
debt Societyborrowing money or contracting for the be liable shall so Society money of his the amount so contracted, beyond
at the of the Society, which subscription a member may of the and payable : Provided that the property always executable movable both and immovable, shall be liable and Society,
sum
for every
Power Society for
arrears
.of money
borrowed
have
or
debt
to
sue
contracted
as
aforesaid.
to the to
sue
12.
remained
due
The
Societyshall
four months
and
as a
power
of
subscription due by
member.
by
him
so
member
as
of
arrear upwards the Society for an
in
who have may any member of paying the subscription the

amount
of
the
scription subto
due
and aforesaid, Treasurer of
account
signed,or
for the
or
purporting
be
without
signed, by proof of
due
the
the
Society good
as
time
being shall,
such the of
the
signature or
and held
to
official character be
and
capacity of
evidence
Treasurer, b(^ taken

amount
Power
sufficient
by
which
any
member
in
arrear
aforesaid.
to the
13.
any
at
a cause
It shall be in the may
power
to
of the the
Society to
expelmember.
appear
to
general meeting
with
require that
for Societyto expel any member present majority of the members after due notice given proceeding,
in accordance
to
the
by-laws of
the
Society now
in force
or
hereafter
be in force ; and every such person so to be a member, and to have any rightor
expelledshall thereupon cease in the interest Society,its

that any in member
not
cease
property and
arrear
concerns
Provided
always
being
to
in
a
may
at to
member,
and
Use of certain
as
and
any have
time
resign, and
shall
thereupon
or
be
concerns
of the
or title, any right, Society,
interest
to
the
property
14.
extract
Each
documents
evidence.
and every extract or purportingto be a copy of, or copy signed or from, the minutes, proceedings, by-laws of the Society,
332
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1866.
: Provided President,or in his absence, by authority of the Vice-President always that the Board of Directors Meetings of the Society to be appoint General may held at such other times as they may think proper.
Quorum
ordei' of business.
and
3. At all meetings of the

a
quorum,
and
the
members Society seven following Order of Business of
entitled shall be
to
vote
shall
tute consti:
"
regularly observed
1. Chair
taken;
;
2. Minutes
for
4.
Eeport of
intimated
;
6. Motions
preceding meeting read ; 3. Candidates ballotted Directors read ; read ; 5. Reports of Committees motions at previous meetings discussed ; 7. New
business
; 9.
intimated
8. Miscellaneous
Communications
and
papers
read; Meetings of
Dii-ectors.
or a
10.
Meeting
adjourned.
of Directors At
such
a
4. Meetings of the Board

Vice-President
quorum, may
may
be called at such
times
as
the President constitute
appoint.
and
the Chairman
shall have
meetings, three casting vote.
members
shall
Notice General
of
Meeting.
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 of the Colony ; of the newspapers or more days previous to such meetings in one in regard to Extraordinary General and Meetings, it shall be necessary in such advertisements for which to state the special purposes they are called.
Chapter
III.
Office-Bearers.
Election
of
Office-Bearers.
1. At the General Meeting in December, the Society shall elect the following Vice-President, six Ordinary President, a Directors, Office-Bearers,viz. :" A three Managing Directors, a Treasurer, and Directors, three Exchange Room
a
Secretary.
2. These
Office-Bearers shall
Board
of
together form
of the
Board
of Directors
for
the
general
Directors.
for Eligibility re-election.
and management superintendence
affairs of the
Society.
President after
an
be re-elected 3. All the Office-Bearers annually, with the exception of the may offices till shall and Vice-President, who be re-eligibleto the same not interval of
one
year
from
the date of theii* retirement
from
the
said
offices
respectively.
Proposalof
candidates office. for
4. Before
members election
of
proceeding,
the
at
the
Annual at
Election,
the
to
ballot
for
Office-Bearers candidates for
of
Society present
meeting
shall
propose
Declaration act. Other of to act. Limitation
5. The
elected.
candidates
to
so
willingnessto
and accept office,
their proposed shall, if present, intimate discharge the duties of the office to which
willingness to be they may
evidence
6. The
the members thereof.
willingness
proposer that
of the
candidate candidate
who is
is not to
present
take
at
the
willing
office and
meeting shall satisfy discharge the duties
of
7. This
offices
mode
of
procedureat
the
Annual
Election Directors.
shall
be
only applicable
to the
prescribed
of
The
President,Vice-President,and
Board of Directors shall have
procedure.
Filling up
vacancies.
8.
in that
body during the intervals between
of the power the General
fillingup vacancies occurring Meetings for the election of
Office-Bearers.
Local Secretaries.
as
9. Local
the
Secretaries
may
be time
appointed
to time
at such
in places,
this
Colony
or
elsewhere
Societyshall
from
direct.
Chapter
Duties
IV.
of Office-Bearers.
President
and
Vice-President,
in the chair,and when and Vice-President absence, to conduct the business of the Society accordingto and in Chapter IT., Section 3, and to attend to the observprre. the order laid down the enforcement of the by-laws of the Society. At all meetings of the Society, President Chairman shall have a casting vote. or
!" ^^ shall be the duty of the President

in their
of the fJhairman
AD.
1866.]
R.
A.
AND
C.
SOCIETY.
[No.
2.
Directors.
333
six Ordinary Directors shall, assist in along with the other OflBce-Bearers, of the affairs of the Society. The three superintendence and management entrusted with the exclusive Managing Directors shall he a Committee 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 of the Exchange Directors shall have the exclusive Room, and may management make such rules and regulations in relation thereto as may be deemed necessary, subjectto the ajjprovalof the Board of Directors. the
control Board of the of 3. The Treasurer, subject to the inspectionand Directors,shall receive and disburse all money belonging to the Society, granting the necessary receiptsand collectingthe money when due. He shall keep regular General Books of Accounts, and present them for inspection at each Meeting, and It shall also whenever required by the Societyor the Board of Directors so to do. be the duty of the Treasurer to place all money belonging to the Society, exceeding the same of the Colony, unless the sum of one hundred dollars, in one of the Banks invested or disposed of. The shall have been ordered by the Society to be otherwise shall Bank of the Society, and all drafts thereon account shall be kept in the name be signedby the Treasurer.
2. The
Treasurer.
Secretary shall attend to the general business of the Society,and shall of all He shall give intimation required so to do. reports whenever 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
4. The
prepare record and thereof
;
Secretary,
and
in
he shall endeavour Great Britain furtherance and
to establish
such
connexion
with
societies
individuals
elsewhere
as
Society,and tend
5. The
Treasurer
to the
of its various
be may views and
advantageous for the
objects.
of all Committees.
Treasurer and
and
be members Secretaryfhall,ex officiis,
Secretary.
Chapter
Admission and
as an
V.
Subscriptions of Members.
1. A
candidate
for admission and
Ordinary
be
Member for
must at
a
be
Ordinary Members,
hereinafter mentioned.
shall thereafter
balloted
General
proposed by two Meeting, as
Proposal of
candidate for
membership.
Subscription
of
2. Ordinary Members, if admitted before the 1st of April in any year, shall, on of ten dollars to the funds of the Society for that year, and admission, pay the sum shall contribute a like sum the 1st of January annually thereafter ; except in the on of members before the 1st of April not residing in Georgetown, who, if admitted case in any year, shall pay eight dollars on admission, and contribute a like sum the on 1st of February annually thereafter. will be received in two equal Subscriptions before the end of instalments,if such instalments are paid in advance half-yearly
ordinary
member.
January
3. A Members
and
July
of each
year.
as an
candidate
or
for admission
shall
Associate
must
be
proposed by
for at
a
two
of Ordinary Projiosal
and Associates, mentioned.
thereafter
be balloted
General
Meeting,
as
candidate
for
hereinafter
associateship.
4. Associates
pay
sum
the
on
if admitted before the 1st of April in any year shall, on admission, Subscription of five dollars to the funds of the Society, and shall contribute like of Associate. a the 1st of January will be received in annually thereafter. Subscriptions
sum
two
equal half-yearly instalments,if

of
such
instalments
are
paid in
advance
before the
end
January
and
July
of each
year.
or annum.
5. No
income
shall be elected person exceeds "300 sterling per Associate may become
be
permitted
to
continue
an
Associate
whose
Rule income
as
to
of
Associate.
an
6. An
Ordinary
Member
by paying
the
amount
of Privilege Associate become to
required by Section
7. Members
2 of this
Chapter.
and Associates, if admitted after the Ist of April in any year shall, Ordinary Jlember. contributions admission, pay a proportionate part of their annual commencing from the first day of the quarter in which the election takes place to the 3 Ist of Proportionate
on
December 8. The Members

not
following.
Board of Directors
shall have at any
subscription. Proposal of
the privilege of proposing HonorarjSociety, but the individuals so proposedshall Meetings be balloted for till the next General Meeting thereafter. of the of the
Hoiioraiy
Member.
334
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1866.
Proposal of
9. Any
Members General 10.
Corresponding
Member. Candidates' book.
not residing in the Colony may be proposed by two ^1 the Society,and be balloted for Corresponding Member Meeting thereafter.
person
a
Ordinary
at the next
as
of individuals names or proposed as Members Associates,with the date of their proposers, shall be entered in a book to be proposal and the names for that purpose, and to the inspection submitted of the kept in the Eeading Eoom meeting at which they are to be balloted for. of the
The
Exliibition
of list of
11. Two
may
at be
candidates.
such
be
shall
the holding of any General Meeting at which it is intended to for, a list of all such candidates as General in of the proposers Meeting, together with the names suspended in some conspicvious part of the Reading Room, for
days
before
candidates ballot each the for
balloted
case,
mation infor-
of members.
votes
Proportion of required
for election.
12. Five
balloted
one
negative balls shall be members and for,unless fifty

ball in every
ten votes
held
to
exclude
candidate
to
or
individual candidate.
upwards, entitled
necessary afterwards
vote, be present,when
a
black
shall be and
for the
rejectionof
to
Subscription
of member absent the from
Colony.
be leaving Colony, returning required to pay any subscriptionduring 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 particularcase. it shall not
13. Members
the
Privilege of
Officei's of the
14. Officers of the Army
Library subject to
on
the
same
A.rmy.
paying
to the
Treasurer and
quartered in this Colony shall be allowed the use of the rules as members of the Society residing in Georgetown, dollars quarterly, in advance, on two the fii-st days of
October.
January, April, July,

of Privilege ladies.
of the Library, subject to the the use Rules for amount of subscriptionas Associates circulatingBooks, and on payment of the same of the Society,on application to, and at the discretion of Directors : of,the Board of the lady be not a Member provided, that if the father or husband or Associate, the subscription shall be that of an (|10),which subscription Ordinary Member shall give the privileges of an Ordinary Member, except that of holding office. be for admission be recommended 16. A candidate as an Ordinary Subscriber must be a person not by an Ordinary Member, and must permanently residing in the Such candidate colony, and who does not intend to remain longer than six months. be admitted by the Secretary for a period of three months, or for a longer may period by permission of the Directors,on payment of $1 20 per month, in advance. in regard to the He shall be entitled to the same privilegesas an Ordinary Member of the Library and Reading Room, and be bound rules. use by the same of Members, Associates, and Lady Subscribers, or other children the ages of 10 and 16 years, may be admitted by them, between by the Honorary Secretary as Juvenile Subscribers,on payment of fifty cents on the first They shall have the free day of each quarter, reckoned from the day of admission. of the Reading Room, and the rules,the be entitled to borrow book under use one introduced Librarian Subscribers.
to
15. Ladies
shall
allowed
Ordinary
subscribers.
Children.
17- Children
have
the
power
to
prepare
selection
of books
for such
Juvenile
Schoolmasters bon-ow may books for use of their scholars.

.
18. At
Associates
the
will
discretion be
of
the
Directors,Schoolmasters
who
are
Members
or
books that have permitted to borrow for the use of theii' scholars, to the Library over two been added They years previous to the time of borrowing. shall jjay at the rate of 12^ cents per volume, per quarter, in advance according to the number of volumes not to be less than ten or required at one time, this number than twenty. to be responsiblefor any loss or damage more They shall undertake beyond fair usage, and to issue and receive the books, the scholars not being considered
in any
way
connected Dollars
with
the
Society.
in advance, half-yearly, of
a
Certain subscribers may

use room.
19. Subscribers
be admitted
of Two
borrow
books, but not
Member, Associate,or either one Ijady Subscriber. book, one magazine, They shall be entitled to borrow but shall not be entitled to the use of the Reading Room. or a set of newspapers,
Chapter VI. Members.
by the Secretary on
payable per annum, the recommendation
may
reading
Privileges of
of Privileges Ordinary
1. Ordinary Members
the
shall have
the benefit
and
Reading Room, the Museum

the
Model when
of,and access, to the Exchange Room, Room, the Library and every other
same
Members.
department of
Societyat
all times
the
shall be open,
and
shall have
A.D.
the
1866.]
R.
A.
AND
C.
SOCIETY.
[No. 2.
335
of his own family to the free use of the of noiuinating one lady member privilege Reading Room, and they shall have the privilegeof taking a part in the proceedings, at all meetings of the Society. They shall also have special and voting, when present, boiTowed, prior rights of books and in regard to the number periodicals privileges in the engagement of new books, and the privilege of receiving fi-ee copies of the (Society's journal.
2. Honoi-ary Members
entitled and
to the
same as eligible
in the Colony, shall be when and corresponding Members Privilegesof privilegesas Ordinary Members, with the exception of being Houorarj'and Office- Bearers, voting at tlie meetings of tlie Society,admitting visitors,C'oiTesponding
a
taking out
smaller
number
of books.
Membei's.
of attending General the privilege shall have Privilegesof 3. Associates and Lady Subscribers and questions, Associates Meetings, and of moving, discussing, and voting on all matters and Lady except tinances, and elections of Office-Bearers ; and other privilegesof Ordinary Subscribers. Members not speciallyprovidedfor under the By-laws and Rules. not the sliall have privilege of admitting visitors, 4. Kach Ordinary Member in the Colony, to the E.xchange Room, the Reading of or domiciled being inhabitants and Model Room, and the Library, for a period not exceeding Room, the Museum that Officers of His two months Majesty's Army and Navy ; it being understood duction. introwithout shall be admitted Packet and of the Royal ilail Steam Company in those of tbeu- proposers, shall be entered with of all visitors, The names further admit, by the purpose. book to be kept for Ordinary Members may a visitors to the and Museum of the Colony and others as written orders,inhabitants Model Room, at such times and under such restrictions as the Society or the Board of iJirectors may Visitors,
appoint.
Chapter VLL
Members
in
Arrear
and
Expuhion
of Members.
Jklode of
February, and the first of July annually, a list of the Members, shall be prepared, and a notice sent Lady Subsciibers then in arrear month, to each informing liim or her of the fact. If, on the fifteenth of the same the subscriptionis still unpaid, a second notice shall be sent informing him or her of membership from from the jirivileges of the fact,and that he or she is excluded and the first of August, a list of those in arrear that date. On the first of March shall be struck off the roll. shall be posted in the Reading Room, and their names
1. On
the tirst of and Associates
dealing with
member
arrear.
in
2. When
admitted
as
any
an
member
shall have
or
had
his
name
so
expunged,
he has to
he
Ordinary Member
to of
Associate
when
paid up
submit
again be may all ai-rears.

to
Re-admission of member.
3. It shall be competent
Directors
a
any
Ordinary
for
the
Member
the Board
of
Procedure
for
expulsion from the Society of any expulsionof in writing of the grounds of member. or Associate,and also a statement Ordinary Member shall if the Directors Board of see tit, they shall thereupon such motion, and and statement to submitting such notice of motion grant leave to the member Meeting of the Society. And if, give such notice of motion, at the next General shall be given, the members notice of motion such leave being granted, such on Meeting, to present at such next General Meeting shaU appoint a Special General of considering such be held not month less than thereafter, for the purpose one of such motion a notice, signed by the Secretary, of the time and purpose ; and to be affected by such to the person last-mentioned motion, meeting, shall be handed for all Ordinary and similar notices shall be put into the Post Office in Georgetown thi'ee weeks resident in this Colony, not less than previous to the time Members meeting ; and the question as to the expulsion appointedfor such last-mentioned shall be decided of sucli person present by a majority of the Ordinary Members at such last-mentioned meeting.
written notice motion
Chapter
Funds.
VIII.
1. AU
shall be 2. the
salaries due
to persons
and all ordinaryexpenses, employed by the Society,

of the
Paj-ment of
salaries.
paid
out
of the
generalfunds
ending
Society.
due
After
payment
for
of the
salaries and
on
Society '
the year
the 31st
ordinary expenses incurred and of December the next preceding,
by
Appi-opriation
"'
General
sm-plus
fimds.
336
I?0. 2.]
Meeting
of the
THE
LA
WS
OF
BRITISH
GUIANA
.-
[A.D.
1866.
Societyshall
they may
cause
the
surplus funds, if
most
that any manner of the Society.

of Application publicgi-ants of money, Annual statement of
etc.
consider
conducive
to be appropriatedin any, and to the interests objects
all donations
of money received from the Colonial Legislature or other sources, and and bequests of money for any particular purpose, shall be applied to the specific they may have been given or bequeathed. purposes for which
3. Grants
receiptsand expenditure.
expenditure of the Society, made up to the prepared by the Treasurer, and with the of Directors for report. Two or Board vouchers the statement members of the Board of Directors shall thereupon examine more statement and vouchers submitted to them, and attach to such a certificate declaring such for the period to which that accounts the Treasurer's they have examined and corrected to be correct or have adjusted and have found the same statement refers,
4. A
statement
31st
of December
year, shall be thereof,shall be referred to the
of the of each
receipts and
statement the same, as the case be. This may General next Meeting of the Society,and, when
shall
thereafter
be
laid
before
the
finally adjusted and
approved of,
shall be
adopted by the Society.

Chapter Book
Committee
IX.
and
Library.
less
Constitution of Book Committee.
1. The
be
a
Book
Committee
or
shall
consist
of not of
than
ten
and
not
more
than
twenty-four Ordinary
quorum. the
Associate
Such
Committee
Society. Any shall,in the first instance,be elected

Members
the
shall three at a General
Meeting of
in its own vacancies to fill up body, Society, but shall have power and to add to its number, subject to revision at the next ensuing General Meeting of Meeting of the the Society,and shall thereafter be elected annually at the General Society in December.
Purchase books for
of
Libraiy.
the as Library there shall be purchased such books and publications think fit ; more merce, especiallyworks relating to agriculture,commay the within most and the stapleproductions of the Colony, and such as come and of the views objects embraced, or hereafter to be embraced, by the scope Society.
2. For
the
Book
Committee
Donations
or
3. The
bequests of
books.
by
of
donation
Society shall also add to or bequest from members
the
Library all such works

and others.
as
may
be
received
Management Library.
4. The
time
be enacted
Library shall be subject to such by-laws and rules by the Societyor the Board of Directors.
as
may
from
time
to
Chaptek
X.
Committee
of Correspondence.
Committee
to not
Constitution
Committee Correof
of
1. There
Associate
"
shall
be
permanent
less than
a
consist
more
of
Honorary, Ordinary,
to
or
spondence. called
Election Committee. of
Members, not including a Chairman,

The
a
ten
and
than
twenty-four in number,
be shall
Committee quorum. Committee
of
Vice-Chairman, a Treasurer, and a Secretary,and Correspondence." At aU meetings three members
constitute 2. Such
the
shall,in the first instance,be elected at a General Meeting of in its own to fill up vacancies body, and to add to Society,but shall have power 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.
Duties
of
3. The
of
Committee
of
Correspondenceshall
be
charged with especially
the
duty
Committee.
in the Society of Arts maintaining correspondonco with and scientific individuals and also with London and other kindred Societies, literary Museum and an Experimental Garden ; elsewhere a Local ; forming and maintMiiiiiii;ments arranging for and holding local exhibitions from time to time ; making arrangefor the offeringand awarding of premiums ; and establishingand carrying on the organ of the Society. as a periodical publication
entering into and
Funds
of
4. The
for its
own
funds
of the Committee and the
of
Correspondence
shall shall
be
not
Committee.
purposes,
Society's ordinaryfunds
provided exclusively for be responsible
A.D.
any
to
1866.]
by
the
R.
A.
AND
C.
SOCIETY.
it shall
[No.
be
2.
337
debt incurred make
Committee such
of funds
though CoiTespondence,
from time
to
lawful
from appropriations objects.
time, in aid of the Committee's
5. The
own are
Committee
guidance and
laid before
of.
rules for its of Correspondence shall be entitled to make government in carrying on its business, provided such rules then the next Meeting of the Society, and are ensuing General
Power make
to
Committee rules,
to
approved
Chapter
XI.
Agricultural and
1. There
than
Commercial
Committees. less than be called

ten
"
to consist of not shall be a Committee to of the Society, and twenty-four members
and
not
more
Constitution Comiuittee.
of
The
Agricultural Agncultural
Meeting body, and to Society. The
of the
Election Committee, of
Committee."
2. Such
of the add
to
Committee shall,in the first instance,bo elected at Society,but shall have power to fill up vacancies in its its number, subject to revision at a General Meeting of shall thereafter be elected
General
own
the
Committee
annually
at
the
General
Meeting
Societyin
3. The
a a
December. Committee
a so
Vice-Chairman, and
quorum.
at its first meeting, appoint a Chairman, elected shall, shall constitute Secretary. At all meetings three members
Chairman,
etc.,
of Committee.
ment
Committee shall give its attention chieflyto the improveAgricultural agriculture throughout the Colony, and co-operate with the Committee of Correspondence in making arrangements for holding periodical exhibitions offered and be of agricultural produce and live stock, at which premiums may
4. The
of
Duties
of
Committee,
awarded.
5. There
shall Room
be
Committee shall
to
consist
"
of not
less than
not
more
ten
Exchange
members
Directors and Society,
be
three), and
The
of the
to be called
Commercial
than Committee."
a
the (of whom twenty-four
Constitution
of
Commercial
Committee.
6. Such
the
to
Committee
in the first instance,be elected shall,

have power to fillup revision at a
Society,but shall
Committee
its number, subject to shall thereafter
Meeting of Election of Committee, body, and to add general meeting of the Society. The be selected annually at the general meeting of the society
at
General
vacancies
in its
own
in December.
7. The
a a
Committee
a
so
elected
Vice-Chairman, and
quorum.
Secretary. At
shall, at its first meeting, appoint a Chairman, shall constitute all meetings three members
Chairman,
etc.,
of Committee.
8. The
ation
Commercial
Committee of the and
shall endeavour
improvement
of the Trade
Colony, and
tending to develop
increase
the to promote, as far as possible, informdigseminate shall collect and of the Colony. the resources
Duties
of
Committee,
Chapter
XII.
Heading
Room
and
Exchange Hoom,
shall be kept, for the use of the members, files of T/ic Oflfieial papers 1. In the Reading Room Gazette of this Colony ; also of such commercial, shipping, and other lists,for Reading Official Room, to Committee think and publications as the Book may proper newspapers, select.
2. The Reading Room publicationsas the Book 3. There

and of such mentioned. shall be other
an
shall
be
supplied with
may Room may think for the become
such
newspapers
and
periodicalNewspapers
for Koading Room.
Committee
desirable.
use
Exchange
as
of members thereto
of the
as
Society, Exdiange
Room,
persons
subscribers
hereinafter
4. Members
of the members
charge,but
Societyshall wishing to use
have
free
access
to the
Exchange
or
Room
without
the Room
for the sale
purchaseof produceor
for
Subscription Exchange
Room.
338
No.
2.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1866.
mentioned, shall only be entitled to the use thereof dollars for the a subscription of five paying to the Treasurer and the 1st of January annually on become a like sum when subscribers, they year of the thereafter ; Provided always that any partner in a firm, being a member Society,may, by paying a subscription of ten dollars annually, obtain the use of the above mentioned, for any partner, clerk, or Exchange Room, for the purposes
other property, as for such purposes hereinafter
on
of representative Election of
such
firm.
5.
Members
of the
Society subscribing to the Exchange

of December
Room
Room three
shall,on
of
or
before
Exchange
Eoom Directors.
the second election shall be 6. The

as
Thursday Exchange
of each
for
year, nominate
the
Directors
proposedfor
election at the General
ensuing year, and Meeting in December.
for their number nominated so persons
Subscription
for
Exchange Room by
not person member.
Directors give permission to any on application, Exchange Room may, his paying Room the the on of to member use Exchange Society, a being person subhe becomes dollars for the year when a to the Treasurer a subscription of ten the 1st of January annually thereafter : Provided always and a like sum on scribfr, and thereupon time recall such at any of Directors may that the Board permission, of the Exchange Room. to be entitled to the use shall cease such subscriber
not from time to time, on being Directors may application Exchange Room of the Society,to act as broker to a member being made, give permission any person, of a fee of twenty-five dollars Room in the Exchange on payment to the Treasurer the 1st of January annually he is admitted, and a like sum on for the year in which be decided upon and approved of by and on such other conditions as may thereafter,
Granting
broker Eoom.
to
of
7. The
pennissionto
use
Exchange
the Board
of Directors.
Privilegeof
broker.
offer for sale,by broker permitted to use the Exchange Room may otherwise, any produce, merchandise, stocks, shares, or other property, such charge for brokerage thereon as may from time to time be authorized and make Directors. by the Exchange Room
8. Any
or
tender
Eecorduig
to
of
9. Any
Room
broker
use
using
of
the
Exchange
full
:
"
Room
shall record
in
book
to be
as particulars
for the
the
members
particularsof all produce and

for the produce,etc., offering
other
kept in the property
produce
for sale.
offered for
sale,as follows
name
oftered
The (1.) (2.)The (3.)The
of the firm
;
or
person
sale ;
sellinglimit
bids
the
or
tenders of
a
made
; and
name on
(4.)In
event
sale,the
"
unless read
Use Eoom Eoom. of
the sale is made
of the purchaserand the purchasing price, private terms," after the tenders have been
out.
Eeading
and
10.
members Board
The
Reading daily, at
Room
such
and
hours
Exchange
and under
to time
Room such
shall
be
open
for the the
use
of the
or
Exchange
of Directors
may
from
time
as regulations appoint.
Society
the
Chapter Museum
and
XIII.
Model Room.
Procuring of
models.
devote a portion of its funds annually to the procuring of diagrams of such implements and machinery connected with agriculture, into manufactures, and the arts as the Society may think it desirable to introduce this Colony.
1. The
Societymay
models
and
Specimens
of of
productions the Colony.
the
be obtained of be kept the best specimens which can particularly Colony, both indigenous and introduced ; more woods, fibres,fruits,seeds, gums, resins,dyes, and specimens of minerals, soils, been or either have other of aU productions of the Colony which drugs, and of food. or used as articles of commerce be successfullycultivated hereafter or may
2- In
the
Museum
shaU
productionsof
the
Specimens foreign
of be
3.
Specimens of
the
of productions into and
other
countries in the
introduced successfully obtained. 4.
cultivated
be which it is supposed may when practicable Colony shall also,
productions.
Specimens of zoology of the Colony.
zoology of the Colony, it will likewise be the the to illustrate tend especially such as may Society object procure ichthyologyof the coasts and rivers of the Colony, and render its fisheries of more importance.
Specimens
of the
illustrative
to
of
the
"
340
No.
allowed
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
two
one
1866
of not
Works
2- Associates
more
and
Lady
Subscribers
shall be entitled
one
to take
out
or
works
to associate. Periodicals.
than
three volumes number of any
each, and
either
set of newspapers
magazine.
3. No
next
periodicalshall
be
taken
out
until after the arrival of the
succeeding number.
new
Time for work.
allowed
reading
shall 4. New mean Works, which Library within a period of six montns longer than seven days, and only one at
one
publicationsthat
irom
have
been
added
not to
a
to the
the
new
date
of shall
issue, shall
be allowed
be
kept
such
work
member
kept fourteen days. Country members for sending for and returning books, There volume works. shall be written or printed in every except in the case of new of days allowed and periodical the number for reading it, and a fine of two cents shall be paid for every shall be day that any work, magazine or set of newspapers kept beyond that time.
new
time.
Other
than
works
shall be allowed
four
days beyond
may that
be
time
Loss
of
lege priviber mem-
5. No any 6.
and
member
or
in
arrear
of the
by
in
payment
of any
fine shall
be entitled to take
out
book
periodical.
aiTear
witli fine. Mode

out
of book.
taking
Librarian
be talcen out Books, magazines, and on application to the newspapers may his assistant, when the Liljrary is open, at any time or except on Sundays Public and Bank from the Holidays, when only magazines and newspapers
tables may
Record works
out.
be taken Assistant
out.
of taken
7. The
and
the
Secretaryshall keep
volume
the
name
book
in
which the
name
he shall enter and taken
the
name
number
of the
periodical taken
taken
out,
of every of the
work, and nerson by

when
whom
the date of every out, the date when

the amount
out, the date when
returnable,the date
returned, and
of the
if any, incurred. fine,

Works of reference, etc.
8. Works written
of reference
one
and of the
local literature
shall not
be
taken
out
without
the
permission of
books be
Managing
Directors.
Power works.
to
stop
of
9. The Directors
circulation
and periodicals their circulation be collected within the Library, and may the Managing as stopped, at such times and for such periods respectively think
fit.
may
to Injurj' work.
from the Library by a member or or periodical borrowed associate shall be or so injured when borrowed, such member Directois may the Managing required to deposit with the Secretary siich amount as consider necessary to replace or repair the book periodical lost or injured; and or until that amount is deposited such member associate shall not be allowed to take or out books or periodicalsfrom the Library.
10. When
associate
any is lost
book
or
Right to
engage work.
Any member a book or periodicalnot in the Library at the time engage may and that of the book or periodicalin a application for it,by writing his name such book kept in the rooms for this purpose hook or periodical so engaged ; and to the Library, be retained for such on shall, being returned applicant for twentyand four hours after its return no longer.
of his member renew or again take out a book or periodical for an may for reading it once of days allowed period not exceeding the number (and if it shall be engaged ; except in the case of no more) without returning it,and even failed to pay unless he shall have new works, magazines, and newspapers, or any fine that the Assistant Secretarymay, previously to applicationbeing made for such renewal, have notified to have been incurred by him. 12.
11.
Right to
renew
Any
term
additional
allowed
for
reading work.
Prohibition
of etc.,
a
13. No
book
or
member
exchange,
of work. Fine rules.
for
shall exchange a book periodicalto any other member

person
or
or
periodicalwith another
to any other
member,
or
lend
person.
rules
14. Any
of
wilfully infringing any

a
of the
above
shall be bound
to
pay
violation
dollar,for the second offence a fine of two dollars, for refusing to and for the third offence, fine so incurred,shall be deprived or pay any of the use of the Library until he shall have paid the fine incurred,and such further fine as the Board of Directors the Society shall think projicr to impose. or
for the first ofPence
fine of
one
Taking
out
of serials and
periodicals.
the on required to remain are set of newspapers, magazine and one and an associate or hidy either a magaiîiie a set of nows])aper8, or the hours of closing in the evening and between of opening in the morning. Every of the half-an-hour such magazine or set of newspapers within must be returned
15. During Reading Room
the
time
a
magazines
or
tables
nu^niber
take may subscriber
newsj)apt!rs out on("
A.D.
time of
1868.]
REGISTRATION
fine of six cents of newspapers
OF
BIRTHS,
ETC.
[No.
1.
341
shall be paid for every hour, or magazine is kept h(;yond tliat time. Provided also that if it shall appear that any member wilfully or habitually neglects to return such in time, the Managing Director for the magazines and newspapers order that such member week may be deprived of the privilege.
a
portion
opening, and of an hour,
per
or
hour
set
16. New
which time
books
shall may be
or
they
only (not associates

for that
shall
the table for seven on days previous to issue,during Taking out the first two to be open to ^Members books, new engaged for si.K issues, in the book jirovided lady subscribers)by signing the name lie
one new
Such engageiucnt of purpose. be valid for 24 hours after the book under
"
book
for
one
date to
each
member
is
allowed Note. shall
the rules
not
are
not
charged on
ready for issue,provided the full number the morning of issue.

in which the word Member
occurs
Where
otherwise
stated,the Rules
apply to
associates and
lady subscribers.
ORDINANCE
An
No.
OF
1868.
Ordinance
of Births
to
make Deaths.
for provision
the
Registration
"
a.d.
ises.
and
ordinances
[1stOctober, 1868.]
N'o'.VofiS
No. 3
of 1871,
BE
1
,
it enacted and
consent
by
the Governor
of
of
of the Court
Guiana, with the advice Policythereof,as follows :

"
British
and^No.^lf
1898,
incorporated. This Ordinance Deaths

may Ordinance,1868.
be cited
as
the
Registrationof
otherwise
Births
and
short
title.

"
the
means
context
requires.
of Births his
the
Intei-pretation
of terms.
The and
Registrar General
Deaths in this
means
as
the
Registrar General
time the
Colony
and his
for the
also absence,
"
includes
General Registrar for the Occupier,"
deputy :
being,and, in case of appointed by person (Amd. 13 of 1898 s. 5.)

and
Governor, other chief resident officer of or Keeper, Master, Superintendent, Gaol or Prison, School, Reformatory, Hospital,Lunatic every Institution or Leper Asylum, or other Public or Charitable ; and let in house is or where separate apartments ings lodgany
includes
or
for registrationunder
of the notification of births purposes the this Ordinance, includes
deaths
the person
under
whom
such
separate apartments
or
lodgingsare immediately held, and any agent such person in such house ; and, in the case residing
deaths among the
servant
of
of births and resident

upon
indentured
or
other
labourers
woodcutting plantation, estate, farm, mining claim, or any for the time other superintendent or establishment,the manager cutting being of such plantation, estate, farm, mining claim, or woodof the estal)lisliment sliall be deemed to be the ocîupier 13 of such house in which birth or death occurs : (Amd. any 1898, s. 7.)
**
General
search
"
means
search during any
number
of successive
:
days,not
"
exceedingsix,without
search for any
"
stating the
over
object of search
Particular five years

VOL. I.
means
search
any
or
periodnot
death.
exceeding
23a
of given register
birth
342
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1868.
PART
I.
Central
Tlui Appointment of Registrar
General,
of General and establisliment
Administration.
Registrar
General.
a
3.
and
"
(1.)The (2.)The
Governor
may the
appoint
Registrar Genera]
Births 1898 the
s.
of Births
Deaths
in this
Colony.
of General of Registrar General Office. 3 (J of Register shall and
Office
Deaths
shall
be called the
3.)
of
as
Register Office. Appointment of deimty.
Registrar General Governor, appoint by writing under

4.
"
(1.)The
in
case
subjectto
a
approval
to act
the his
his hand ill

or
fit person
deputy
than
on
he
is at
any
time
unavoidably absent, otherwise during such

have the
any illness
or
leave.
(2.)Such
absence
deputy
of
shall at
all times General
able unavoidand be
save
the
Registrar
and
all the
powers
to
subjectto
and
or
all the duties
liabilities of shall not

have
Registrar General,
power
or
except that such
deputy
make,
rescind
or
alter any general order, regulation or anything done l)y the Registrar General
form,
or
to
rescind
apjiroved of by
vary him in
writing under
Appointment
and salaries of Clerks.
his hand.
(13 of
1898
s.
4.)
The Governor, on behalf of His Majesty, may appoint such and for carrying on Clerks from time to time be necessary as may many the business of the General remove Register Office,and at pleasure may
5.
so
any
of them Court
; and
such
Clerks
shall
be
may
annually assign to
paid such salaries them. (s.4.)
as
the
bined Com-
ProvisioJi
use
and
6.
"
of seal.
General sealed said
shall cause seal to be made a (1.)The Registrar General shall cause Register Office,and the Registrar General or stamped therewith all certified copiesof entries given
of
to
the be the
in
Office.
(2.)All
with the
certified copiesof entries

said Office
as
purporting to be sealed
seal it shall not of the
or
or
stamped
seal of the be
(which
evidence further
be
prove)
the
no
shall
admissible
birth
or
to necessary death to which
same
relates,without
or
any
other
proof of
certified force
any
Power
a
copy, purporting to be given in the said effect which is not sealed or stamped as shall be lawful for the
such entry ; and Office,shall be of
aforesaid,
(s.5.)
the the
to
onns.
7
First
"
(].) It
the Schedule
Registrar
General,
with
lei
approval of
and objects
First
Schedule.
contained Governor-in-Council,to alter the Forms this Ordinance, regard being always had to
of this Ordinance and
to
in the
to
purposes
rendering the
same
more
effectual.
The shall be published in (2.)Any such alterations of the said Forms the forms Gazette,and shall thereupon be deemed Official required
by
Milking of regulations for
Tnaiiagement of Office.
this Ordinance 8.
It shall be
to
be used.
for the
lawful
Registrar General,
time
to
with
the
approval
of
the
Governor-in-Council, from
of the General of the
time
to
make
for the regulations
management
duties the
RegisterOffice and for the discharge of the RegistrarGeneral, of the Clerks of the said Office,and of their Superintendent Registrars and deputies Registrars and
mentioned.
hereinafter
A.D.
9.
1868.]
The
to
REGISTRATION
OF
BIRTHS,
time of
to
ETC.
time several
[No.
causo
343
Registrar
be fixed
or
General
on
shall the
from
outside
printed
and
Posting of
notices
Chapel doors,
within notices purpose
placed j-enuired to*he done under the public and consjiicuous buildings or j)laces, and Divisions which said Ordinance, the respectiveRegistration Districts, for the shall specify the several acts required to be done
or
the
Church
other
of
registering any
birth
or
death
under
the
provisions
of
this
Ordinance. 10.
under
to
All
fees received
for that
by
or
on
account
of
the
Registrar General
in
a
Reeeipt and
the provisionsof this Ordinance
shall be entered
cash
to
book the
oHês
"^^'^
be
kept
purpose,
and
shall
be
paid
over
monthly
Receiver
General.
Supply of Books
11.
the forms
"
and
Boxes.
cause
shall (1.)The Registrar General of sufficient number a public expense,

as
such
be provided, at to Register Books and
Provision
of
Register
may
be necessary
for the execution
of this Ordinance.
(2.)The RegisterBooks shall be of durable materials,and in them of information each side of every leaf the heads shall be printed upon of births and deaths and registered herein requiredto be known tively respec;
and
every and the

; and
from progressively
of each of such page the begi"iningto the end
books
shall
be
numbered
number number
one,
every
of the book, beginningwith place of entrj^ shall be also numbered sively progresto
from
one
beginning
the shall
end
be
of the
book, beginning with

the
every entry
General of
divided
from
following entry
of the of
by
printedline. (3.)The Registrar

a
shall furnish,for the

of Births for certified
use
trars, Regisfrom
sufficient
number
and
Register Books
the shall purposes
cause
and
Register
may
Books time
of Deaths
to time
of forms
copiesthereof,as
be
requiredfor
Governor
of this Ordinance.
the public to be furnished, at for the use of the General, Registrar expense, of number under this sufficient a Ordinance, strong appointed Registrars iron boxes to hold the Register Books to be kept by each Registrar.
12.
"
(1.)The
on
Provision
iron
of for
the
of the application
boxes
Books.
(2.)Every
and the
no
such
one
box
shall be furnished
more,
and
of such
keys
the
other
key
shall be
kept by
and with a lock two keys kept by the Registrar and Superintendent Registrarappointed shall be in the the
under the
this Ordinance.
(3.)The Register Books of each District, while Registrarand not in use, shall always be kept in which shall always be kept locked.
custody of box, register
PART Registration
Districts
II.
and
Divisions.
13.
"
(1.) The
Governor-in-Council
sub-divide the like
Registration Districts,and with Divisions, and may,

manner,
divide may such Districts

advice and of
the
into
Colony
and
or
in
into
Division
of the into and
Registration
like
Colony
Districts
Registration
Divisions.
consent
add
to
or
diminish
of any
the
number
as
Districts
to
Divisions,
may appear
and
alter the
limits
of them
from
time
time
necessary.
344
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
(2.)Every
or
such made
division, diminution, addition,

shall be
or
change
of District and
Division
when the the
publishedin The
or
Official GazpMe,
so
also within
manner
as
several
Districts may
Divisions
appointed
in
such
Governor
direct.
Appointment of Supermtendent Registrars.
14.
manner
The
Governor of Bii'ths
Registrar
within may each
may and
appoint a
Deaths person
to
in be
fit person such each
to
be
Superintendent
in like and Deaths
District,and
Births
appoint a fit Division,and

in
Registrar of
and office,
Registraror
Power to the to
from remove may any such person any such of the in of office case Superintendent vacancy every of Registrar may forthwith fill up such vacancy. Governor may all I'equire of
or
15.
of
"
Governor
(I.)The
any
of the Commissaries
or
requu-e certain Officers to act iia execvition the Ordinance. of
Taxation, Revenue
Officers Officers, the
Warden Police,
Government
appointedunder Clerks,to Magistrates'

as
C)fficer
the
case
remuneration
Mining Laws of the Colony,and Stipendiary act as Supermtendent Registrars as or Registrars, be, under this Ordinance, without receivingadditional may for the performance of such duty.
every of
case
(2.)In
Officer of
in which
or
Police,Warden
the
to
any such Government
Officer, Commissary, Revenue Officer appointed under the
Mining
shall may
of Filling office of
cease
Laws
be
be, under
16. Whenever
District
hold his office,he to ceases Colony, or Clerk the case or a as Registrar Superintendent Registrar, this Ordinance. 13 1898 of s. (Amd. 6.)
a
Superintendent Registrarfor any Regisvacant, any District Commissary of Taxation Superintendent District whose comprises the whole or any part of such Registration Registrar in of District shall at once become Superintendent Registrarof such whole /acancy such such of and shall so remain until or part Registration District, the appointment of a Superintendent Registrar to such Registration
^ration
the office of
becomes
case
District.
Power to
17.
Whenever
from
Superintendent
Eegistrar to act
as
Deputy Registrar of
it shall be lawful
any Births
cause
whatsoever Deaths
there is
and
in any
no Registrar or RegistrationDivision,
Eegistrar
case
in
of in
vacancy
office.
Superintendent Registrar of the District in is situate to perform the duties of Registration Division Registrarof such Division,and receive the fees therefor,until a Registrar is appointed; and from copies of Registers forwarded any any such Division General to the Register Office during any period in
which
such which shall is performing the duties of Registrar SuperintendentPtegistrar the certified sufficiently by signatureof such Superintendent alone. Registrar
a
for the
be
Appointment
of
18.
"
(1.)Every
Superintendent Registrar
the
and
Registrar shall,
under his
or
Deputy subjectto the approval of Snijcriiitendent hand, a fit jierson to act as Registrars and Registrars. absence.
Governor, appoint, by writing

case
deputy, in
so
of his illness
unavoidable
(2.)Every
and
fluties
such
deputy, while
and
acting,shall
have
all the
powers in
or
and be subject to all the penalties herein

death
or
declai-ed
ing concern-
Superintendent Registrars
case
resignation of the case as Registrar, be, shall so may Registraror Registrar is appointed.
of
the
tlie
act
Registrars respectively ; and, Superintendent Registrar

until another
Superintendent
shall be
(3.)Every Superintendent Registrar or Registrar for the acts and omissions of his deputy. responsible
civilly
A.D.
1868.
HEG
1ST
HAT
ION
OF
BIRTHS,
ETC.
[No.
1.
Ub
Transfer of in which -(1.) In every case any Superintendent Registraror boxfs, et"'., hold his is removed from to a ll or ceases or dies, oflice, Registrar register death in his possession as such boxes, keys,books, documents, and papers removal i"i Siiiicrinteiiduiit into the come Superintendent Registrar or Registrar or which may Ri.'Kistrar of his representatives shall be given up as soon as possessi(m conveniently Retjistrar.
19.
on
or
or
may
be
to his
successor
in oHii
e.
(2.) If
document,
Justice
or
any
person in such paper
refuses
case
to
as
give
up
any
such
box, key, book,

for any
it aforesaid,
shall be lawful
made for that to issue a application purpose, before any under his hand for bringiog such warrant diary Stipenperson and, on such person appearing or not being found, it Magistrate, shall b) lawful for the StipendiaryMagistrate to hear and determine
of the
Peace,
on
the
matter
in
summary
to (o.) If it appears box, key, book, document,
such the
per.son, and
same
that person
he
to
the
StipendiaryMagistrate that any such of any is in the custody or power has refused or wilfully neglected to deliver in whose custody the same ought to be, the
or
way. the
paper
Stipendiary Magistrate shall Gaol of the County, there to

the the
same
or
commit remain has
such without
offender
bail in
to
the
Common
until
satisfaction
been
given
the which
he delivers up respect thereof ; and

until
to
StipendiaryMagistrate may grant a box, key, book, document, or paper, as in other premises in or any dwelling-house
warrant
case
search
stolen
for
s-uch
of
goods,in
suspect
to
any
credible witnesses the
is reasonable oath before him that there to cause prove upon the same the same, when to be ; and found, shall be delivered in whose custody it ought to be. person
20.
"
(1.)Each
SuperintendentRegistrarand
the approval of the Registrar General, appoint some either his dwelling-houseor otherwise, to be his District.
with Registrar shall, suitable house, ofhce

within his
Offices in
Registration
Districts.
to be printedand published (2.)The RegistrarGeneral shall cause Gazette and within the Official respective Parishes^ the name, and hours of every of business Superintendent place of abode, office, and Registrar Registrar.
in The
21.
the
Every SuperintendentRegistrarand
this
or
provisions of
Ordinance
shall from
be
any office whatever.
servingon
jury
inquest, and
Registrar appointed under and exempted from and corporate parochial every
freed
Exemption
from
on
service
juiy,etc.
PART Registration
of
III.
Births
and
Deaths.
22.
every inform within
Subject
himself
to
the
regulations to be
be and he is every birth
made
under death
this Ordinance, and
Duty of
Registrar
learn and
to
Registrar
c
shall
hereby authorized
and
soon or
requiredto
of irefully
which
his Division, and to learn and as register, fee without be done and as conveniently may herein provided, in one of the Register Books the
to
happen may after the event

save
as
register births
i"iildeaths
reward,
re [uired particulars
be
registeredaccordingto
Schedule
,
the
Forms
'
No.
1 and
No. every-^
,
2 contained
in
or
.
First S'-lifdnle: lomis jj^d No.

No. 1
the
every
First
such
to
as
this
case
Ordinance,
touching
book.
such
.
birth
1
death,
the
No.
order from
^
l)e, every may beginning to the end of the

11
the
p such
entry being
made
-2.
Ordinance
of 1904
s.
4 abolished
Parishes.
346
No.
1.]
The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
after
or
on Obligation
23.
the
tenement
or
parent
in which
or
parents
his
or
of
any
child
or
born
such of the
in
the
Colony
Ijeen
persons to give notice of birth of child.
certain
commencement
of
to
this Ordinance,
her
at
the
occupier
child
of the
house
knowledge
the
next
the
nurse
or
any
any
time
within thereof
present days twenty-one

person the
to ; and
birth after
born, such at child,shall, day of such birth,

within which such
has
give notice
child has
whether he
Registrar
every such such
of the
Division
been
or
born
she has
given
specified, parent or person above notice or not, shall, on beingrequired

the
at
personally or
months of the
by
written date
after the
of such
requisitionof birth,attend
such
or
Registrar within
the Office of the
three
trar Regisat to
Division of
such
in which
birth
person, of his
has and
occurred, or
otherwise
the residence
of
parent
First Schedule Foiin No.

:
1.
and belief, or accordingto the best Registrar, the Form No. the several 1 contained in the First by particulars Schedule this Ordinance to required to be registeredtouching the of and shall birth of such child, sign the Register in the presence the Registrar.
give her knowledge
information
the
Special provision as of liability occupier in

certain
cases.
24.
In
case
of
birth
in
any
or
Gaol
or
Prison, or
or
Reformatory, Hospital,Lunatic
Charitable
Leper Asylum,
in any School, other Public or
claim, or Prison,
or
or Institution, estate, farm, mining plantation, upon any the establishment, Governor, Keeper, Master, wood-cutting
Superintendent,or
such
other
chief
resident
officer
of
any
such
Gaol
or
School, Reformatory, Hospital, Asylum, or other any and other Public the manager Charitable or Institution, or tendent superinfor the time being of such plantation, estate, farm, mining as claim,or wood-cuttingestablishment "occupier," within the meaning
and of section 2, shall be liable in the first section jjreceding of the parent or parents of notwithstanding the liability such child,to report and give the particulars of the birth of such child to the Registrarof the Division. (Amd. 13 of 1898 s. 7.) of the last
instance, and
of Liability
successor
25.
In
the
event
of
to
defaulting
occupier.
being discovered,after
default on the part of any such he has ceased to hold

or
or
such or public institution management plantation,estate, farm, mining claim, then and in any such default
occupier any such office in any such superintendence of such
respect of such
successor,
successor
after
to
s.
fourteen
such
have
wood-cutting establishment, the proceedings in. this Ordinance under case be instituted and prosecutedagainst his may days'notice in writinghas been given to such birth registered in due course of law. (Amd.
13 of 1898
Form notice of
7.)
given by occupier in
certain
cases.
other chief or Every Governor, Keeper, Master, Superintendent, officer of any Gaol or Prison, or of any School, Reformatory, and every Hospital, Asylum, or other Public or Charitable Institution, other superintendent for the time or being of any plantation, manager be estate, farm, mining claim, or wood-cutting establishment,who may liable to give notice to any Registrarof any birth or death give may such notice by filling in and forwardingto the Registrar of the Division form times be prescribedby the Registrar General, and to at such a and in such manner be fixed by the Registrar General as ; and may
26.
resident
the and
s.
Registrar
such times
General and
may
manner
from of
time
to
time
alter and
vary
such
form
giving
such
notice.
(Amd.
13 of 1898
7.)
27.
Penaltyfor
default sections under 23-26.
or
Every person in default of doing anything required to l)e done, in to be done, by him, under or prescribed by the RegistrarGeneral
348
No.
shall
manner
1.]
apply to
as
THE
LA
WS
OF
BRITISH
GUIANA
.
[A.D.
the
1868.
any if it or
placeor placesmentioned they had been included

who
enter
in such in the said
Order, in
Schedule. the
same
Rule
as
to
name as
entering
of person father of child.
33. Nô Registrar child shall illegitimate
receives in the
information
of
birth
of
an
illegitimate
of any Register of Births the name the joint such child of the father at as illegitimate except person and of the person who acknowledges himself to request of the mother shall in such be the father of such illegitimate child,and such person case sign the registertogetherwith the mother.
after from
34. Registration exijiration of any

of three months birth.
"
(1.)After
as
the
expirationof
be lawful
three
any
months
child, it shall
has
not
not
for
followingthe birth Registrar to register such
birth, save
any of child
hereinafter been
the birth of is to say, in case pi'ovided ; that before registered according to the provisions hereinfor any mother the person
or
such
contained, it shall be lawful child,or for the father or

twelve months
next
present
such
at
the
birth any make
guardian thereof,at
of
time before
within
after
birth
in of the the Superintendent Registrar a declaration required to be known touching the birth of such child, particulars which tion declaraaccordingto the best of his or her knowledge and belief, the Superintendent Registrar is hereijy authorized to take, and for the Registrar, there then and in the it shall thereupon be lawful of the Superintendent Registrar, to register the birth of presence of the person such child, according to the information making the the declaration and the said Superintendent Registrar before whom ;
child,to writing
said the
declaration
is made
shall
sign
the
entry
of
the
birth
as
well
as
Registrar. the Superintendent (2.) For every such entry as last aforesaid of from the shall receive be entitled to fee a Registrar sixty cents be the bii'th the and and to over registered, Registrar, requiring person authorized above the fee by this Ordinance in respect of to be taken by him, shall be entitled,unless the delay has every birth registered his been occasioned default,to take a fee of sixtycents from the by the birth be registered. to requiring person of births shall be given in evidence No the to prove (3.) register
birth of any birth child between of where the such intervened of the
day
well
it appears that more of the birth and the the
than the
three of the
months
have
day
child,unless
as
entry is signed by the
registration intendent Superbirth of
Registraras
Prohibition birth twelve after months. of
by
Registrar.
months
35.
After
the
expirationof
be lawful
twelve for any of Births
followingthe
to
rcgistrati(m of
any child, it shall not of such child,and no the birth prove intervened have of
Registrar
shall be
Register
child tlie
registerthe birth to given in evidence

that the twelve
any between
where
of
day
it apjêars the birth and
months
day
of the
regis-
trati")n of the birth
of such
child.
in
Registration of name given in bai)tism.
36.(1.)If any child born aforesaid,within as registered

"
the
Colony, whose
months
to next
birth after the
has
been
twelve
tion registra-
of
or
such
birth of such
has
any
name
given
it in
baptism,the parent
guardian given, may,

and
First Sdiedule Form No.
:
child,-orother
fourteen
within
deliver
to the
or Registrar
to be procuringsuch name person such after baptism, procure days next SuperintendentRegistrar of the District
in whose;
custody the Register of the hap{)en to be, a certificate according

the
First
Birth
to
of
the
child No. like

3
the
or
Form
to
then may contained
3.
in
Schedule
to
this
Ordinance
the
effect, signed
A.D.
1868.]
REGISTRATION
OF
BIRTHS,
ETC.
[No.
1.
349
who has performed clergyman, or minister,or officiating person certificate he is (whicli hereby required to deliver ba])tisni the whenever the is then after same baptism, immediately demanded,
by
the
the
rite of
on
payment
receive
on
of for
the fee of twenty-four cents, which

the
he shall be entitled
to
receipt of
any
erasure
four
cents, which
the
child
without that
Registrar or Superintendent Registrar, such certificate and on payment of the fee of twentyhe shall be entitled receive for the same, to shall, of the original entry, forthwith register therein
same), and
the
and also the date of the was baptized by such name of such baptismalname. registration (2.) The Registrar or Superintendent Registrar shall thereupon the said certificate the additional certify entry so made, and shall upon foithwith send the said certificate through the post or otherwise to the RegistrarGeneral. Whenever has been added to an a (.'5.) baptismal name entry of the birth General to the subsequently to the transmission Register Ortice of the return of certified copiescontaining such entr^, a duly certified copy the and of sucii entry, containing the baptismalname the date of such be sent to Registrar entry, shall in like manner the same in the Register to be duly entered Genera], who shall cause without any certificate of
erasui'e
of
the
original entry
and
whenever
any
such
baptism by the Registrar or Superintendent Registrar after the Register Book containing the originalentry of
birth, as
the well
as
is received
the
certified copy
the
Registrar General,
the
cause
forward
manner
said the
certificate
same
to thereof,have both been forwarded Registrar or Superintendent Registrarshall shall in Hke to the Registrar General, who
to
be
duly
entered child of
in the
Register.
not
37.
sacrament
"
(1.)In the case of baptism or

to
of any
infant
parents
when
or
rcognizing the
name
baptism,
any
has of such be
been
child ful law-
Eegistration of name given

without
given
other
such child by the parents any than that by which it may have been such
guardians
baptism after
registration.
it registered,
shall
for birth
parents
child has written such
of such the
only with
District
a
in which
after the guardians, within twelve months months, then registered, or, if after twelve authorityof the Stipendiary Magistrate of the parents or guardiansreside (whioh authority, upon
or
been
statement
of the circumstances such
of the
case
submitted
to
him. it shall be
or
Magistrate to give) to deliver to the Registrar SuperintendentRegistrarin whose custody the Registerof the birth such child may then No. happen to be, a certificate in the Form
contained in the such First Scliedule
to
lawful
for
of 4
First Schedule No.
:
this
Ordinance,
or
to
the like effect, Form
4.
of signed by parents or guardians; and thereupon,and on payment of fee such a twenty-fourcents, Registraror SuperintendentRegistrar without shall, any
erasure
of the
name
by
name
which of such
such child.
child
may
ha"e
been
registered, registertherein
the
transmitted certificate shall be certified and (2.) Such by the the to Registraror SuperintendentRegistrar RegistrarGeneral, in the like manner like efi'ect as to the is in this Oi'dinance and prescribed regardingcertificates in relation to names given in baptism.
38.
last
Some
person any
present
person which in
at
the
in
death,
this
or
in
attendance
or
during
of if the
tbe
the the
Obligation
certain
on
of illness,
; or
dying
such
Colony
has
one
the
occupier
of
hous
tenement
death
taken
or
place, or,
more
pier occu-
persons to give notice of death.
is the in residing
person the house
who
has
died, then
such
some
in which
death
has
taken
persons within shall, jilace,
350
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1868.
of has has such death
;
seven
to
the
days next after the day of Registrar of the Division

such
a
such
death, give
such if such
notice death death
in which
occurred
not
and
every
person
as
aforesaid, or
taken
place within knowledge

he
or
house, then
of
the
present at such death,or having any person whether circumstances attending the same, shall,
notice the
or
she
has
by
the
written
given such of requisition

death, attend
in which of such the
not,
on
Registrar,within
death has and
or
date of such
Division
at personally
being required personallyor fourteen days after the the Ottice of the Registrar of
or
such
occurred,
otherwise
to
at
the
place of
several
residence
according to
First ScliediUe Form No.
:
best
person, of his
give
information and
the
trar, RegisFirst and
her
knowledge
belief, of the
in the
2.
2 contained No. particularsrequiredby the Form Schedule to this Ordinance, to be registered touching such of the Registrar. shall sign the Register in the presence
death,
on Obligation
39,
dead the shall where the
same
new
Tn
case
tanding person new-boni child

or
body,
the
child finds exposed any new-born person first of such in child, the having charge person any
or
case
any of
to
dead body give notice.
born forthwith the

same
child, and
the
Coroner,
of the the
in
the
case same
of
the and
dead of the
body,
place
give
was
notice
findingof the
found found
has
been
all the inquiry,
several said
of the Division in which Regis 'rar after and the shall register, Registrar proper ; and registered particularsrequiredto be known
to
or
touching
the
as
birth
death,
or
so
much
anrl
so
many
of
the
particulars
Entry of
finding of JniT
npon
may
have
been
ascertained,
(s.40.) body, the required to be

dead
40.
In shall
every
case
in which the
Coroner's
Inquest.
Jury shall communicate registeredconcerning the death, and the Coroner the of the the of the Division in writing to finding Jury Registrar the entry accordingly his hand, and under the Registrar shall make : that the Coroner shall not be required to sign the Register Provided
as
inquire of
inquestis held on any by this Ordinance particulars

an
informant
I
but
the
was
Registrar
received
the
shall from
state
that
he
information
inf" rmation
to
the
death in the entry of such Coroner, and shall transmit
all such
to
the
same
the
Registrar General, and
preserve
PieKistration of
birth
on or
such
informations
Superintendent Registrar, who shall send shall the Registrar Geneml with the records of his Office, (s.41.)
birth
master in
or
41."
in any
to
death
(1.)In
river in
the
I he
case
of any death
death
or manner
on
board
ship.
Colony, the
or
chief
board any ship moored officer shall be bound
report such
on
birth
case
like
and
penalties in
house
of
disobedience, as
chief
to
or or
is required of
subject to the like the occupier of a
shore.
master
or
(2.)The
like
like
manner manner
officer of the
and
every
or
on
subject
birth
like
on
Colony craft shall also, in report in penaltiesas aforesaid,

any
death
other
board
moored
any
coasting
voyage
any within
such
the
craft, whether
Colony, (s.42.)
in of in
Jifjiortof death
on
42.
the from
"
The
or
Captain or
absence
the time
at
in
case
of
his of
case a
death death of
a
tlic
Ijowman,
or
case
boat
in district.
his death
boat any
che time
in the of the such
as
Mining
occurring,some
boat
person
or
at
shall
going
to
to
returning
death of the
Mining
on
District
or
Colony
boat
to
be bound the
report such
taking place
Division in the
from
manner
nearest
are
Registrar
and
same
other deaths
reported
subject
A.D.
1868.]
REGISTRATION
OF
BIRTHS,
as
ETC.
[No.
the
1.
351
to
the like
a
penaltiesin
on
case
of disoljedience of 1898
s.
is
required of
occupier
of
house
shore.
(13 by
which
8.)
contained may has been in any
43.
ter
l^jvery person
birth
in
or
whom
the information this Ordinance
of
death
in
under
such
have
been
regis- Signing of given, R^Kister by
given by the ^.^^^^ specified contained to giving exceiitions. as provisions hereinbefore and in writing,shall sign his name, notice place of abode description, of birth or death in the Register; and, except as aforesaid, no register shall which be given in evidence is not according to this Ordinance signed by some professing to be the informant, and to be such person to give such information to the recûired party as is by this Ordinance
except
Coroner
cases
information
or
under
the
Registrar. -"' 44.

nature
"
is
(1.) In case required or

to
of
the
to inability
write
of any
for such other

to
person mark, and such

cross cross
as
adhibit,
other
or
necessary in
under the
this
Ordinance,
of the the
whose sig- Signing by person m^rk. it shall be lawful

cross
or
the
or
Registrar
mark. other
presence shall annex
Registrar,a designation of
all if
such
son per-
(2.) Such
and would
mark of
shall such
be
in
respects
as
effectual have
the
signature
person,
capable
of
binding writing,
been.
any
or error
45,
same
"
(1.) If
shall
is discovered
to
have
been
committed
in
the
Correction
^"oêous
of
entry of any
birth
death
forthwith of the
give
in any Register,the person discoveringthe information thereof to the Stipendiary
Register.
Magistrate (2.) Such Magistrate thereupon, or upon knowledge of such erroneous entry, shall summon
who
District.
otherwise before
coming
him such and also shall
to
the
the person
erroneous
made
and
any
any
person
concerned
in the
making
same,
entry
all
error
or
having
in persons been
knowledge concerning
effect of such
; and
erroneous
interested
such has
the
entry,
entry, he
the
and
any son perexamine that any
oath upon committed direct the shall of the
if such such
Magistrate
is satisfied
in
any
shall, by
erroneous erroneous
authority
entry.
under
his
hand,
(3.) The
to
Registrar
the truth
of the
Registrar to correct thereupon correct by entry in case,
the the
entry,
without
cording ac-
margin,
any
alteration add made
originalentry, and shall sign the marginal entry, and thereunto and the day of the month such when correction is year such marginal entry shall be signed by the person applying ; and
every such
case
for the correction.
(4.) In
in the
the
Registrar shall
to
make
the
like him
alteration
as
certified copy
of the Register Book
be made
by
after herein-
that such in case and certified copy the provided : Provided from which made it was have been Register Book already forwarded the General and the Registrar shall make to forward Register Office,, the General forthwith to of ^\xc\\ error Register Office a memorandum and of the correction in
to
be made. Ordinance
shall
'
46.
or
Nothing
as now
this
affect
or now or
the
o
registryof baptisms
of
any
*/ o
Saving
as
to
burials
to
or
by law
any
established,
may
the Ije
right
"' officiatinc:J'^R'stO'
();iptlSniS
U11Q
minister formance
receive
fee which
any
usually pai(ifor
the
per-
burials,
of registration
baptism
buriaK
352
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
PART Registration Obligation

medical attendant transmit certificate of death
to
on
IV.
of
Causes
establish that
of
Death.
of the registration,
causes
47.
of death from within Form
Whereas
:
it is
to expeflient
Be
it therefore
enacted
every
each
to
Registrar
of
shall
furnish
time
to time
gratisto
the
medical duly qualified

forms of certificates
to
practitioner
death in the
his Division No.
tlie
Registrar.
First Schedule Form No.
:
5 contained
necessary in the First
Schedule
shall
cause
this
to
Ordinance,
which
warded for-
certificates the Registrar General

from
5.
be
printed and
; and
medical
who practitioner
ten
illness and within of the
the every the last been attendance have in during may of any until the death pei'son dying in the Colony shall, days after the death of such person, transmit to the Registrar time
to
time
to
Registrarfor
that purpose
Division in the
in which aforesaid in the
the death
has occurred
certificate
of the
cause
of death
by
the
Registrar
shall be entered of which form, the particulars Register ; and, in case such certificate is not so such
medical practitioner under printedrequisition to forthwith to return shall requiresuch medical his hand practitioner shall, such certificate duly filled up, and such medical him practitioner such certificate duly within three days after the receiptthereof, return filled up to the Registrar.
to transmitted, the Registrarshall transmit and by a written form of such certificate, a
or
PART
V.
etc.
Returns,
Certified Copies of Registers.

Transmission of certified
copies of
Registers of
births deaths and to
Superintendent
Registrars, and
of
in January, April, July, and October be time from time to appointed by every year, on such days as may deliver and to the the RegistrarGeneral, every Registrarshall make true materials, durable a SuperintendentRegistrar of his District on 6 No. the Form him certified under his hand, according to by copy
48.
"
(1.)In
the
months
of
contained births and

the first
in the deaths of
First
Schedule
to
this Ordinance,
of
all the entries last
of
Register
when
made
each
Books
during
of the
the
quarter
months
of the
year
preceding
mentioned
to the filled,
day
several
hereinbefore
him
; and to
Registrar
General. First Schedule Form No.
:
in the RegisterBook respectively the Registrar shall examine
kept by
same,
the
dent Superinten-
and
if found
be correct, sliall
fi.
his hand the same under to be a true certify copy. since the If there has been death birth or no registered (2.) the of the shall last fact, and the certificate, certify delivery Registrar such certificate shall be delivered to the Superintendent Registrar as and be countersigned aforesaid, by him. of the Register Books each (3.)The Registrar shall keep safely until it is filled, and shall then deliver it to the SuperintendentRegistrar to be to be forthwith forwai'ded by him to the Registrar General always Register Ofiice : Provided kept in. the records of the General warded that the RegisterBooks in and for the County of Berbice may be forof instead Office for that County, to and kept in the Registrar's being sent to the RegistrarGeneral, if the Governor so directs.
Transmission of certified
49. year,
"
on
copiesof
four times in every (1.)Every SuperintendentRegistrar shall, such be from time time to as appointedby the days may
A.D.
1868.]
REGISTRATION
OF
BIRTHS,
ETC.
[No.
1.
353
Registrar General, send

of the the
to
of births and Registers

next
all the certified copies Registers of the Registrar General he has so received deaths which during V,^'."*,''"'^
three months
preceding such
days quarterly
of
transmission
ti,e
Registrar
respectively. of the (2.)The RegistrarGeneral, if it appears, by interruption of the that of numbers or otherwise, any part copy regularprogression far shall procure as of any Register has not been duly delivered to him the that of this the with Ordinance, provijîons as consistently possible, and supplied. be amended same (3.)The certified copiesso sent to the General RegisterOflice shall
be thereafter kept in the said Office in such order and manner Registrar General, under the direction of the Governor, may and examined. be most that the same seen readily so may 50.
Governor The
as
General.
the
think fit,
RegistrarGeneral
and Court of
in every once shall, a Policy general abstract the from time
year, furnish to of the number in
the of form
FumishinK
of
KegiTters!
births and and

at
deaths
registered during
as
preceding year,
to
such
such date
the Governor
may
time
prescribe.
of all the
to
certified
indexes (1.)The Registrar General shall cause mentioned herein and Registers original copies kept in the General RegisterOffice. on payment of (2.)Every person shall be entitled, 51."
said
and
Indexes,
be made
seurches, and
certified
copies. the fees hereinafter of

ten
mentioned,
o'clock in the
to
search the said
indexes
between
the
hours
of every day, morning and four o'clock in the afternoon except Sundays and Holidays,and to have a certified copy of any entry in the said original in the said certified copies of the Registers or Registers. (3.)For every general search of the said indexes there shall be of search the sum of five dollars, and for every particular paid the sum of sixty twenty -four cents, and for every such certified copy the sum
cents, and
52.
In
no
more.
case
the
Governor
to
County the RegistrarGeneral

Books
cause
of Berbice
be kept in the
shall
to
Register Books in and for the Office for that County, Registrar's the originalRegister and keep preserve
directs the
as
Provision
for
keeping
Register
Books for Berbice.
to
be
forwarded
him
hereinbefore
indexes the
coirections to be entries and all necessary and of the same to le made kept with and in
manner
mentioned, and made therein,and

them
shall also
at
for reference General and pay
times
provided
off certified
in
respect
of
the
Register
over
Office,and
the
shall
give
and copie-*
receive
to
Assistant
Receiver
General, in the mode
for the time
being in force relatingto

the like fees for searches the General
prescribedby any the Registrar's Office

and
ance Ordinfor the

See
Ordinance
6
County
Ordinance
of
Berbice
made
copies as
are
by
this
No. 1880.
of
payable at
RegisterOffice.
from
to
as subject to such regulations 53. Every Registrar shall, may be made time time to by the Registrar General, allow searches
Searches
in
be
Register
Books in
made
in his of any RegisterBook his hand, of any entry under
keeping, and
or
shall in
give
a on
copy,
tified cer-
Icecpingof
Registrars.
entries
the same,
payment
of the of
the
sum
fee hereinafter
of
mentioned,
and
that
cents, twenty-four twenty-fourcents. 54.

In
case
search is to say, for every such certificate the foi- every single sum every smgi
any
certified copy transmission
of
to
any
lost
in
course
of
the
Registerof births or deaths is General Register Office,the
Provision
case
for
of loss of
certified copy of Register.
354
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
been
1868.
Superintendent Registrar by
shall forthwith fresh
whom
the
same
General
Prohibition
procure Register Office in lieu of those
copies to
so
be
may made
have and
forwarded
to the
forwarded
lost.
transmitting original Eegister at

same
of
time
as
Register Book shall at any time be forwarded original transmitted or Superintendent Registrar or any Registrarto any from or Register Office, any Superintendent Registrar to the General and time by whom otherwise, at the same by the same person any
55.
"
(1.)No
from
certified
certified
copies thereof.
transmitted. or copies are forwarded (2.) Any Superintendent Registrar or Registrarwho

either
wards, forcarries,
of or transmits, by post or in any other way, the original the the certified until time at same as the'original any Register copy, or has been acknowledged transmitted or Registerpreviously copy of the same
to
a
have
arrived
at
its
place
of
destination,shall be
liable
to
penalty not
dollars. exceedingforty-eight Fees.
Making of quarterly
account fees of
an
56.
"
(1.)Every Registrar shall

of the number of the
four births
times and
account
deaths
by
Registrar.
registeredsince the last quarterly account, Registrarshall verifyand sign the sj,me. has been rendered (2.)When any such account the RegistrarGeneral, there shall be paid to the
the
out every year, make which he may have and the Superintendent
in
to and
certified
by
said be
as
Registrar from
for that may
at
case
Public
as
Revenues hereinafter
as
or
out
of such
funds
as
may the
available the
purpose
provided
for
but not
otherwise,
on
be,
the
such
rate
sums
he
may
be entitled to receive every that no
said
or
account
of such
twenty-four cents
account
:
entry
fee
of
birth
death for
included any
in
Provided
to
or
shall
be
paid
have
entry
in
which
a
may careless
appear
manner
the
an
in
to Registrar General illegible handwriting.
been
made
Making of quarterly
account fees of
by Superintendent Registrar.
four times in (1.)Every Superintendent Registrar shall, every from be appointed by the time to time periodsas may year, and out send to the Registrar General an Registrar General, make of certified copies so sent the of entries the account in number by him under this Ordinance to the RegistrarGeneral. is found (2.) If,on examination, such account correct,the Superintendent
57.
"
at such
Registrar shall
or
be may
entitled
to
receive
from
the Public purpose

sum no or
as
Revenues hereinafter
out
of such
funds
not
as
be available the
case
:
for that may
provided but
otherwise, as
certified
be, the
of
four
cents
for every entry in such of Taxation, Revenue Officer
copies Officer of Police,Warden Officer,
Provided
that
Commissary
Government
appointed under the Mining Laws of the Colony, or Stipendiary fees under this or Clerk shall be entitled to receive Magistrate's any the last precedingsection as a Registrar or Superintendent Registrar. (Amd. 13 of 1898 s. 6.)
Payment
fees in of of
58.
under
case
In every ei*^her of
case
in which last
two
any
amount
is
payable in respect
of
fees
the
place other than Georgetown

or
SuperintendentRegistrar
or
New
New
or
of any the Amsterdam, Assistant the
Amsterdam.
sections to any Registrar or jjreceding town part of the Colony other than Georgesliall be paid by the Receiver same
(ieneral
the from
Receiver Revenues
in which
General,
of the any
on
the
warrant
of
the
Governor,
Payment
fees in of of
Public
case or
Colony.
is
59.
"
(1.)In
every
56
amount
case
fees under
section
section
57
to
any
Registrar or
payable in respect of Superintendent
356
No.
and
to
1.]
to
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
give a
any
certificate under
medical
this Ordinance, and

with
such the
pay
fee, the
receive
a
Governor,
of Justice
from
fee of two
a
any money dollars for
practitioner may, granted for

viewing
as
person is unable of the sanction
the
contingentexpenses body.
to
the
be
such (2.) Where properlygiven by
certificate medical
is referred
in
section
60
can
the
such practitioner,
fee shall
include
the granting of such certificate. Obligation

on
64.
in which
seven
Every
such
person
who
buries
or
causes
to
be buried
the
body of
the
person chUd
to
still-born
child shall be bound burial has

taken after such burial
to inform
the the
stillburj'ing bom infomi
Registrar of
fact of such
if any
any Division within
place of
taken
a
burial
days
not
has
Eegistrar.
fail to do and
so, he
shall be liable to
place; and penaltyof not
such person
five dollars
less than
dollars. exceedingfifty
PART
VI. Procedure.
Offences
Punishment
and
makes to be made, for the or causes Every person who wilfully of being inserted in of births or deaths, any false any register wiDfuUy giving statement herein requiredto be known touching any of the pa'^ticulars false information. and conviction thereof, be liable to shall, on registered, summary imprisonment with or without hard labour, for any term not exceeding six months, or hundred and to a fifty penalty not exceeding two dollars. (26 of 1903, s. 3).
of person
65.
purpose
Punisliment of person
66.
entitled
Sections "An
38
and
39
of Ordinance
and
No. amend
23
of the
the Law
Year
1862,
form
Ordinance
destroying,
etc., Register
Book. See No.
ss. now
to consolidate
relatingto
and
Indictable
Offences
by Forgery,"shall
be
with incorporated
part of this Ordinance. 67.

make with without reasonable cause Every Registrarwho refuses, omits, or had due notice, or to birth of which he has death or register any any
Ordinance
18 258
0/1893, to
and
259.
addition
to
or
alteration
upon
Penalty for
not
the
of provisions any
this Ordinance, and
the register in accordance having the person every
duly registering birth or death,

or
custody of
the
same
thereof,who
oflfence be
for
losingor
injuring Register. Penalty

person to neglecting deliver
on
RegisterBook, or certified copy thereof or of any part allows loses or injures the same or carelessly carelessly be injuredwhilst in his keeping, shall for every such to liable to a penalty not exceeding forty-eight dollars.
Registers or copies thereof when required.
who is the provisionsof this Ordinance 68. Every person under 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 to do so, month or copies as aforesaid,refuses,or during one neglects, shall for every such offence be liable to a penalty not exceedingfortyeightdollars.
Penalty
medical
on
practitioner neglecting to
transmit certificate of death.
being required by the of death duly filled the cause under section to do refuses or neglects 47, without reasonable cause up shall for such not offence be liable to a penalty exceeding so, every dollars. forty-eight
69.
after
Every medical practitioner who, Registrarto return him a certificate of
Penalty on
person
70.
Every
person
who
"
improperly registering
birth.
(1.)Knowingly registers or
child otherwise than
is
causes
to
be
by
this
Ordinance
the birth of registered required after
any the
A.D.
1868.]
REGISTRATION three months
OF
BIRTHS,
ETC.
the birth
[No.
1.
357
of expiration child ;
or
following the day of

causes
of such
or (2.)Knowingly registers
to
be
child after the
the birth of
expirationof such child,
twelve
months
the birth of any registered followingthe day of
shall for every such
offence be liable to
penaltynot exceedingtwenty-
four dollars.
71. Every person requii'ed by this Ordinance who, within the period Penalty specified by this Ordinance, fails to give notice of any birth or death to person faQing the Registrarof the Division within which such birth or death has of birtVor"^^ occurred shall be liable to a penaltynot exceedingfive dollars. death.
on
72.
notice
Subject to
in
the
provisions hereinbefore
person
contained
as
to
giving
writing,every
requiredby
this Ordinance
the periodspecified by this Ordinance, fails to of the Division placespecified by the Registrar
or
who, within attend personallyat the

within
to such
person
Penaltyon failing
iufonuation to personally
which
such
birth
death
has
occurred,and
to
particulars requiredby this birth or death, or refuses to

shall Registrar, be liable to
case
of the Registrar Ordinance to be registered touching such sign the Register in the presence of the a penaltynot exceedingten dollars.
give information
''^f^^^V'^'^
or
death."
finding exposed any new-born child or any dead Penalty is to give notice, person failing requiredby this Ordinance person ^ and who does not give notice forthwith of finding the same, and of the *f gndina^n to the the chifd of in was Division place where the same found, bom Registrar which the same has been found, shall be liable to a penaltynot exceed- ^^^^ ^^^Jing five dollars.
on
73.
In
the
of
body, every
who
or
74.
person
Whenever
notice
is
requiredby
notice upon
this Ordinance
to
be
required to give dischargedhimself if he

before Office, the
the
shall
be
held that
to
have
given,the Right to give notice by post. sufficiently
proves
oath
he
put into the Post
requiredto be the containing

75.
any
persona
expiration of the period within which the notice is and given, a letter addressed to the person to whom of which the notice is requiredto be given. particulars
Penaltynot
exigibleif
""*^'^^
No
notice
so
to give penaltyimposed by this Ordinance on persons failing shall be exacted, if any of the required by this Ordinance requiredhave or has given such notice.
^^'^""
76.
case
No
penaltyimposed by
it appears,
to
this Ordinance
shall
be exacted
in
any
Penaltynot
where
the
the satisfaction of the
Stipendiary Magistrate,exigiblewhere
that
to comply with the provisionsof this Ordinance person failing in relation to the giving notice or information under the same has not
wilful!
^^^
occasioned
been but wilfully guiltyof such failure, by unavoidable accident,or by

no
that
such
failure has
(jver
been he
circumstances
which
had
control,and
where such
he
had
used
every reasonable
endeavour
towards
compliance with
in
a
provisions.
under
the
manner,
77.
shall
Every penaltyrecoverable
be recoverable
summary the time
of any Ordinances for being in before the Stipendiary Magistratesin the

and jurisdiction
of this Ordinance provisions Procedure and accordingto the provisions appeal. force regulating pr icedure SeeOrdinances exercise
of their summary
^"^^ ^Noîi3
appealsfrom
the decisions of
Stipendiary Magistrates.1893^
78. All letters 8ent by post under the provisionsof sections 28 and Postage of etc29, all letters and parcels addressed to any Registrar or Superintendent letters,
to the Registrar General, and all letters Registrar or RegisterOffice, shall be forwarded free of postage.
VOL. 1,
from
the General
24a
358
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1868.
QQ
13 3
o
bc
o
u
xrx
.a
w
o
CO
-a
"D
.a
s
.a
2
""3
pq
A.D.
1868.]
REGISTRATION
OF
BIRTHS,
ETC.
[No.
1.
359
00
Hi
a
pi
o
T3
u
"a a"
,0
8
"to
a
DO
I
c
03
.2
P
.a
to
va
360
No.
36.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1868.
Section
Form
No.
3.
Certificate of Baptisth. I, by the

as
of
name
of of A.B. born
1 at
do hereby certify that I the sex"] child produced [^state and declared in the
have
to
me
this
day baptized
by
on
the child been
and
C.
D., of
by the said
the
to have
County
1
of
day
of Dated this
day
of
(Signed.)
Section 37.
Form
No.
4.
Certificate of Name
I do in the A.
name
given without
Baptism.
-was
that the child named hereby certify
born
at 1 ; and
;
County
C.
of
on
the
are
day
the said child of the sect
on or
of
that the
B. and of
,
B., of
was
parents of the said child

the
that
given
or
to the
day
of
according to
the said this
the rules
usage
persuasion of
to which Dated
parents belong.
day
of
(Signed.)
Parent
[or Guardian].
Magistrate,
(Signed.)
Section 47. Medical To

in the
Form
No.
5.
of Certificate of
Cause
of Death.
in the District
the
Registrar of the Division County of

to be
of
I
was
that I attended hereby certify stated of
who
; that at
,
aged]
1
,
years
at 1 ; and
I last
saw
him
;
day
was apparently aged [or [orher] on the that he \or she] died on the
day [orher] death

Dated this
of
was
that the
cause
of his
that the disease

1
.
had
continued
day
of
(Signed.)
Profession, Eesidence,
Section
48.
Form
No.
6. Births
or
Copy of Register of Certified I,

the in the District this said
to the
Deaths. in the Division of Births of No. of do hereby [or Deaths]
Kegistrar of
of
true
Births
and
Deaths
in the
certifythat
within No. Dated this the
is
Division
of the copy from the entry of the birth
County of Register Book
[or death]
entry of the birth [or death] of
day
of
(Signed.)
Registrar.
N.B.
"
The
vords
in ifalirs
and 6
to
tie hlanJcs be be
for words
as
and the
case
figuresin
may be.
the
above
Forms
No.
3, No.
4, No.
5, a7id
No.
filed in
A.D.
1868.]
FERGUSON'S
PENSION.
[No. 2.
361
THE Places
in respect of which
SECOND Notices
GIVEN IN
SCHEDULE.
of
Births
and
Deatus
may
be
Section
28.
Writing.
The
County of Essequebo.
From Devonshire Castle to the River and exclusive of Plantation Pomeroon and its Tributaries and islands ; and the the other Lakes Tapacooma Lake, and the Essequebo Coast, except such on parts as belong to Sugar Plantations in cultivation. The Tributaries and the Creek and its Tributaries River its Essequebo and ; the the one Creek tation Islands, from the Supenaam on Bank, and PlanSettlement Philadelphia on the other Bank upwards, excepting the Penal
Supenaam
and
Town and Left
of Bartica
and
the
Islands
of
Essequebo, exclusive
it
of
Leguan,
Sugar
Wakenaam,
The
Tiger
of
Islands. Boerasirie
Bank
the
Creek, beyond where
adjoinsany
Plantation.
The The land The The West The The
on
County of Betnerara.
and
River the
Demerara West
and
its Tributaries Plantation
Islands, from
Grove
on
Plantations the East
Vries-
Bank, and
of the
Golden
Bank, upwards.
Right Bank
Boerasirie
Creek, beyond where
it
adjoinsany
Cane Grove
Sugar
on
Plantation. its Tributaries, above Mahaica, Creek and Bank, and the Bridge on the East Bank. Plantation the East
Bank, and
above Relief Village on Mahaicony Creek and its Tributaries, Bank. the West on Felicity Abary Creek and its Tributaries,above the Bridge.
The
the
County of Berhice.
and Islands,from Bank, upwards. Plantation
Hall
The The The Creek. The
River
Berbice Creek
and Ithaca and
its Tributaries
on
Eighbury
on
on
the East
Bank, and
Sandvoort
the West
Canje
Bank, and
Tributaries,from Plantation Bank, upwards. Corentyne Coast, from Ulverston upwards to

its
on
Goldstone
the
East
66
the West
Anamoronusi,
Bank and
or
No.
River
Corentyne and
Sheldon
its Tributaries
on
the
West
Islands, from
Plantation
upwards.
ORDINANCE An Ordinance
to
a
No.
OF
1868.
grant
annum.
to
the
Reverend Hundred
Alexander
and
a.d.i868.
*~~
Ferguson
six Dollars
Pension per
of Three
Thirty-
[23rd,May, 1868.]
it was, Court SpecialSession of the Combined day of March, 1868, resolved that it is expedient that a pension of seventy pounds commencing from per annum, the 1st day of January, 1868, should be granted to the Reverend Alexander Ferguson, and secured by Ordinance :
WHEREAS
on
at
the
12th
Be
it therefore and
consent
enacted of the
by
the
Governor of
of British
Guiana,
follows
:
"
with
the
advice
Court
Policythereof,as
of this
1. From lawful
and after the commencement for the Governor, in the name
Ordit)ance,it
shall
be
Granting of
and
on
the behalf of Her
Majesty,
pension of
362
No.
2.]
grant
to
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
of
1868.
$336
per
annum
to
the
said
Reverend
Alexander per General

to
annum
Ferguson
shall,
the
pension
the
term warrant
three of of his the
Fergulon.
hundred natural
and
thirty-six
the the lawful said
dollars
during
on
life ; and pay

or
Receiver
the
Governor,
pension
attorney,
said
on
Reverend
the 1st four
Alexander
most
Ferguson,
quarter
1868.
his of
quarterly,
as
usual
days
che
year,
commencing
from
the
day
of
January,
OEDINANCE
No.
OF
1868.
A.D.
1868.
*
An
Okdinance
respecting
and the
the
Colony
House
at
at
New
Amsterdam
Court-House
Suddie,
[13th
June,
as
1868.]
House Courtand
;
WHEREAS
at
the
premises
the
knov^n in
respectively County
under raised
the said such of
the
Colony
and the
New
Amsterdam,
in
the
of
Beibice,
are
House
are
at
Suddie,
at
County
have relation
Essequebo,
public property,
of the the Governor
to
maintained And whereas
the
public
in
expense,
direction
as
questions
and it is
been
to
rights
and be the
of
the
pation occu-
Executive
Government
premises,
thereof,
and defined
expedient
:
that
rights
should
declared
by
Ordinance
Be
it therefore and
consent
enacted of
by
the
Governor of
of
British
as
Guiana,
follows
:
"
with
the
advice
the
Court
Policy thereof,
the
said and therein several
Vesting Colony
at
of House
1. the
and
The
direction
House and every
at
and New
control
of
premises
House
known
at
as
New
Colony
of all
Amsterdam
the
Court
Suddie,
be and
Amsterdam Com-t House in
and
are
the
to
apartments
vested and in of
to
or
respectively,
and
shall
at the
hereby
the
said be and shall with
declared several is be his
be
the the be
(7 0vernor,
the
occupancy
Suddie, Governor,
of
with
as
premises,
apartments
therein
his the
respectively,
and
no
proviso
to
shall person
hereby
entitled
declared
to
use
subject
any
:
to
pleasure,
said that
rij^hts of the
Judges.
occupy
of
apartments
except
in the
to
permission
shall the supreme in
first obtained
any Court
use
Provided
or
always
afPect
or
nothing right
of
at
this
Ordinance of and and
way of of the
prejudice
British
the
any Halls
of
Judges
the free
Guiana,
Court business
them,
ISiew
to
unrestricted
respective
Amsterdam transacted
Suddie,
whenever
judicial
is
required
be
therein.
36-1
No.
4.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1868.
Application
of the Fund.
his
and at Fund, under the order and direction of the Governor Officers of Colonial the shall be to discretion, providing applied and all other Revenue of Taxation, Customs, Commissaries Officers,
7. The
officers and
or
servants
of
the
Colonial Revenue the
Government
engaged
and
in
the
lection col-
of the protection in
with
costs
legal advice
of
assistance,
and. in
matter?
defrayingon
and
cases
their behalf
which,
; and
or
in the the of
out
or
opinion of the
the
in all legalproceedings, Governor, the public may pay

as
interest
is concerned
Receiver
General
from
sums
time
to
time,
on
the warrant aforesaid

any
order
and
Governor,
Fund
or
such the
for the
may
purposes
from
of the order
Governor
without direct,
further
other
formality.
OEDTNANCE
An Ordinance for the
No.
OF
1868.
A.D.
1868.
and
Wardens
of
Incorporation of District Chapels.
the
Curates
[18thJuly,1868.]
WHEREAS have been

and And
whereas
in
divers
Parishes in
in
this
Colony
with
District Church
established Curates have
connexion been annual

that
the and
Chapels of England,
nominated
licensed thereto
having separate cure them by Ordinance

it
of souls, and
;
salaries have been
assignedto
be
is
expedient
and
the incorporating
Be it therefore
Curates
Wardens
provision should of such Chapels :

of British
made
for
enacted of the
by
the Governor of
Guiana, with
follows
:
"
the
advice
and
consent
Court
Policy thereof,as
as
Short
title.
1. This
1868.
Ordinance
may
be cited
the
District
Chapels Ordinance,
Interpretation
of terms.
2.
In The
to
this
"
Ordinance,
unless
the
context
otherwise of the
the
requires,
"
Bishop,"in
or
case
of the absence
a
Bishop or
his
inability
act, General
District
in
case
of
vacancy
:
in
See, includes
the VicarChurch
or
of the Diocese
"
"
Chapel means England, other than

of which
an
or Chapel of the any Church the Parish Church, to the Curate
of
bent Incummay be
annual
:
salary
such
is
now
or
hereafter
assignedby
"
Ordinance
"
District Curate
means
any
in
Curate
or
Incumbent. there
to
Appointment
and
tenure
3.
and
time
"
of
District
office of Wardens.
Chapel
(1.)In every Parish Chapel,it shall be
this for
Colony
the such
in which
lawful
Governor
maybe appoint two

from time
fit
to
of to be Wardens proper persons in the number to fill up vacancies
Chapel,and
\N
of such
ardens.
the
(2.)Such Chapel
Wardens
shall be
on appointed
recommenda-
A.D.
tion
1868.]
of the District
vacancy
DISTRICT
CHAPELS.
[No. 5.
be
to
365
Curate, whose
which
may
duty
occur.
it shall
report
to
the
in
Governor their
said
any
(3.)The
appointed CliapelWardens persons office for three the date years from
until others
are
shall
continue
of
their
respective
appointments and
4. The
Curate
appointed in
their stead
and Wardens of every District Chapel,by their name Incorporation specifyingthe particularChapel, shall be a body politic Wa^.ênsô' and corporate, with perpetualsuccession, and it shall not be necessary District Chapel, for them to have a common and seal,and they shall have full power and to sue be sued, and to acquire authority in their corporate name 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 shall in District Curate and Chapel Wardens of office and
no case
exceed
two
thousand
five hundred
two
dollars.
5. When
District
shall be
and
so
soon
as
any
Wardens for
are
appointed for
notice
any
Publication
notice
of
generalinformation, and such of the shall be notice conclusive evidence of the due incorporation 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.
The Gazette Official
Chapel given in
under
the
of this provisions
Ordinance,
thereof
of
of
Chapel
Wardens.
for the time

or
for any and District Curate 6. It shall be lawful to borrow being, in their corporate name,
Chapel
money
Wardens
on
Power
to
bonds
"mortgage
other securities District
for the
or
the
Chapel
of erecting,renewing, or repairingproperty of purposes District and under other theii" management buildings of any
sum or sums
a thereon, by gi'anting on
control,and to secure borrowed, and of the
the repayment
interest
of money preferent lien
so or
'^^^
^^^'
Chapel the buildingsand under their management and control,as well as on vided immovable property held by them in their corporate capacity: Proshall be sold,or acquired, always that no immovable property transportedby any such Curate and Chapel Wardens, and also that no bond, mortgage or other transferable evidence of debt shall be granted and of of the Governor Court issued by them, without the consent or before and of Governor and Court the Policy; granting Policyshall, by security,
bond
or
by mortgage,
the
revenues
of the District
such
consent, obtain evidence, to

to
their
that satisfaction,
the
property
sold,or transported, or required, by acquired, such Curate and Chapel Wardens is for an objectapproved of by the made has been for Bishop of the Diocese, and that adequate provision
sought
be
that the loan
the
total
extinction
of the
debt, with
years. District
the
interest
thereon, within
periodnot exceeding twenty

for the
time
for any
Curate
name, to
and
Chapel
Wardens
Power ^"^1*"
to pass
^
"
being, in
receive
their
corporate
received
pass, the
execute, grant,
'^"
accept and
authorized Ordinance. 8.
In
to
be
any executed
transport, mortgage,
or
bond,
under
other or securiry provisionsof this
all
legalproceedings against any
District
Curate
and
Chapel
Wardens
service
good
and
and
for the time being shall be the Curate of pi'ocess upon sufficient service,and in all legal proceedingsby any District
Legal Proceedings,
Curate Curate
and
Chapel Wardens Chapel Wardens
ad the power for the time
litem
shall
be
signedby
the
being.
366
No.
5.]
9.
THE
LA
WS
OF
BRITISH
QUI
AN
[A.D.
be
1868.
Form and for lost
of
bond,
"
(1.) Any
contained
bond
in
issued Schedule
admit.
by
virtue
to
of
this
Ordinance
or as
may
near
in
the
provision
defaced
or
Form
as
the
this
Ordinance,
thereto
bond.
circumstances
will
case
Schedule.
(2.)
lawful bond bond be
to to
In
any District and
bond
so
issued
and
to
is
by
accident
Wardens and
to
defaced,
to
cause so
it
cause
shall
a
be
new
for be be
;
the
made
Curate
Chapel
bearer,
and the
same
delivered
in their
the
the cancelled
defaced
shall
cancelled
the
new
presence,
bond
filed
sum,
and
and
bond the
same
shall
bear
the and
number,
date,
to
and
same
cipal prinrules
carry
interest,
be
subject
the
as
the
cancelled
bond. such
any Curate
(3.) Any
that
and issued
Chapel
under
been
Wardens,
this Ordinance
on
proof
has if
to
their
faction satislost
or
bond
the
same
been
number
destroyed
amount
before
of for such
has
paid
and
off,
on
may,
the
and
bond
are
ascertained,
them
for any
being
to
new or
furnished
with may
at
due
any in
so
security
time all lost be
indemnifying by
the is
reason
loss
a
which
they
subjected
with
thereof,
so
issue
bond if any due
corresponding
bond,
thereon
when
to
respects
or
bond
lost may
or
destroyed,
the
destroyed,
overdue,
cause
money
be
paid
Duties of
off and
discharged.
The
10.
"
(1.)
the
Wardens the of the
of
any of
seats
District this in
Chapel
shall District
who
may
be and shall
Chapel
Wardens.
appointed
receive
under
rents
provisions
pews all the
Ordinance the
collect and
and
lawful fabric
Chapel, things
recovery
do, perform,
for pew the
and
execute
acts,
matters,
and
and for the
necessary of
the
maintenance if in
arrear.
of
thereof,
rents,
(2.)
of
manner
as
The
money the
given
District
at
the
offertory
and
at
such
Chapel
thereof District
shall in
be the
posed dissame
by
the
is
Curate
at
Wardens
at to
money the Law
given
of
the
offertory
directed
any
Church of
in
England
Minister
by
England
be
disposed
by
the
and
Church
Wardens
thereof.
Banking
moneys.
of
1 1
.
All
moneys shall
be
at
the
disposal
in such
one
of of
any the
District local banks

not
Curate of drawn Curate

the
and
Chapel
in any of
Wardens their
such
deposited
and
Colony
out
corporate
bank
name,
moneys
shall
be
except
for the
by cheques
time
signed
by
the
District
and
Chapel
Wardens
being.
and and
an
Submission annual account.
of
12.
before
The
Curate Governor
Wardens Court
exact
of of account
every
on
District
or
Chapel
the
and
shall first
lay
of
the
in
a
Policy,
of
to
before
day
March and
each of
year,
their
receipts
doors of
expenditure, Chapel.
copy
the
same
shall
be
affixed
the
such
A.D.
1868.]
DISTRICT
CHAPELS.
[No.
5.
367
SCHEDULE.
Form
of
Bond.
Section 9.
CHAPEL
6.
BOND.
It for bonds
shall the
be time
to
lawful and
for
District
Ciu-ate
Chapel
borrow
any Wardens their British Guiana.
being, in
corporate
on
name,
or
other
money securities for
of erecting,renewing, purpose repairing the District Chapel other their or buildings under and control, and to management the repa\Tnent of any secure sum of money or sums so borrowed, and of the interest thereon, by curity, granting a preferent lien or seby bond or by mortgage, on the revenues of the District Chapel and under their- management trol, conwell as the buildings as on and held by immovable property them in their corporate capacity. Provided able always that no immovshall be acquired, property sold, or transported by any such Curate and Chapel Wardens, and also that bond, mortgage, or no
or
the
District
Chapel
of
No.
The
Curate of
owe
and
Wardens do
of the District ledge hereby acknowor
Chapel
to
bearer, the
sum
of of
for the paydollars, ment
which,
at
on
the with
day
interest
annum, at
of
,
other debt
transferable shall be and
evidence
or
of
the
rate
of six per
cent,
per
same
granted
the Court
issued
by
place, on
them, without
Governor and the
consent
of the
payable
at the half-yearly,
of and
Policy ;
Court of
the successive and

next
days
of
Governor
Policy shall, before

consent, obtain
granting such
to
ensuing the
surrender of
evidence,
theiidate the of this
the satisfaction, that property sought to be acquired, sold or transported, or that the loan req\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 of made the
for
Bond,
on
the
respective Interest
the
Warrants of the
hereto District the
attached,
Revenues
other
Chapel
and
Property
and
under
the
total the
extinction interest
not
management
are
of the Curate
Wardens the visions pro-
debt, with
a
thereon, within twenty

7. It District shall Curate
period
lawful
ceeding ex-
pledged as
Security under
years.
of the District for any dens Wartheir Governor and the
be time
Chapels Ordinance, Excellency

Court the of
and
for the
Chapel being, in
1868, passed by
His
to pass, execute, corporate name, receive grant, accept, and any transport, mortgage, bond, or other to be executed security authorized received under the provisions or
Honourable
Policy of the said Colony.
of this Ordinance.
8. In
Given
under
all
our
legal
proceedings
and
cess pro-
hands,at
1
this
against any District Curate service of Chapel Wardens

upon the
day
of
Curate
for the time suificient Curate. Wardens.
being by
be any Wardens
shall be District the
good and
Curate the
and service,
in all
legalproceedings and Chapel

ad litem
power
shaU and time
signed
by
Curate for the
Chapel
being.
Wardens
368
No.
7.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1868.
ORDINANCE
A.D.
"
No.
OF
1868.
1868.
"
"
An
Ordinance
corporat Trading Companies infor of England, and Law under the confirming the Title of the Colonial Company, Limited, to lands in this Colony. with
regard
to
[29th July, 1868.]

Majesty's years for the entitled An Act Regulation, Incorporation, Reign Act was and Winding-up of Trading Companies," and another passed thirtieth and held of Parliament in the in the Session thirty-first the Amend Act to of Her Majesty's Reign, entitled "An years hereinafter Acts of Parliament are Companies Act, 1862," which "the referred to as "the Companies Act, 1862," and Companies Act,
in the
passed WHEREAS twenty-sixth twenty-fifth

an
Act
was
in the
Session
of Parliament
held
and
of
Her
25
c.
" 89.
26 Vict,
"
30 "
c.
31 Vict.
131.
1867";
and declare that all companies whereas it is expedientto enact And already incorporatedor which may hereafter be incorporatedunder either hold of the lands said Acts of Parliament shall have the
as same
and
immovable
property in this Colony
if
they
to power had been
Now 1898.
No.
21
the Companies Ordinance, 1864, and in this Colony under incorporated the proof in this be made for facilitating also that provision should other of such companies and of deeds and Colony of the incorporation executed instruments by or on behalf of such companies ; in whereas And the Colonial Company, Limited, was incorporated and examined copies England under the first recited Act of Parliament, of the memorandum
of association
the hand
and
of
the
articles
of
association
thereof certified under
of
George Deane, Esquire,Assistant
Registrarof Joint Companies

thereof under
Stock
Registry Ofiice in
the hand
Companies and the Seal of the Joint Stock tion England, and the certificate of incorporaof the
Honourable
Edward
have of of
Cecil
been Demerara
Curzon,
Registrar of Joint Stock Companies in in the Office of the recorded Registrar's
England,
Counties
duly
and
Essequebo
other
and And
in this
Colony,
property
and
divers
transports
have been said
immovable
executed whereas
to
in this
Colony
heretofore
;
plantationsand passed
the said transports,
to
and
in favour
of the been
remove
Company
doubts,
doubts
have
raised with such

enact
respect
and
to
and
said the
it is
expedient to
to to
confirm
the of
in
transports, and said Company
declare and
hold
by
other
Ordinance
the
power
lands
and
immovable
property
this
Be
Colony ;
it therefore and
consent
enacted of the
by
the Governor of
of British
Guiana, with
follows
:
"
the
advice
Short title.
Court
Policythereof,as
as.
1. This of
Ordinance
Lands) Ordinance,
2.
It shall
be cited may 1868.
the
EnglishCompanies (Holding
or already incorporated, 1862, Act, Companies
Power company
to
be
lawful be
which
the Companies Acts to
or
incorporated
under
may
hereafter
Company under incorporated,

hold
manner
for any
the
Companies Act, 1867, to property iu this Colony in the same
the
lands
and
other
immovable and purposes
to all intents
A.D.
1868.]
company
ENGLISH had been
COMPANIES.
[No. 7.
this
369
as
if such
incorporatedin
Colony
under
the
hold the Now 1898.
lands No.
in 21 of
Companies Ordinance, 1864.

for any company
or already registered,
Colony.
which
Evidence of company. of
hereafter either of the aforesaid Acts of be registered, under may Parliament to deliver to the Registrar of British Guiana, to be recorded
incorijoratiou
by him,
to
or
certificate the of such
be
a
under copy
incorporation of such company purporting hand of the Registrar of Joint Stock Companies, certificate of incorporation proved to be a true
or
of
and other other
correct
copy by the oath officer of such company
solemn
sworn
declaration
or
of the
secretary
or or
made
or
before
the
Mayor
or
Chief
Magistrate of
or
atiy
City,Town,
the Peace in
Borough, or
Great Britain any
before any
Notary
and such
Public
Justice
or
of
Ireland,
certificate
copy
thereof
duly recorded, or
conclusive
thereof certified
Colony
of the
shall be by such Registrar, of such company. incorporation company under either registered
to
office copy evidence in this
may Parliament hereafter
to
for any
the
or already registered,
which of
Evidence and
of
be
of
of
the
aforesaid
to
Acts
nieniorandiim articles of association.
deliver
Registrar
of British of
by him,
copy and
the
memoranduiu
Guiana, and association,

either of
be i-ecorded
articles of
association,registeredunder proved
in
manner
the
a copy of the said Acts of
Parliament,
solemn
sworn
or
to
be
true
and
or
correct
copies by
officer of
; and
the oath
or
declaration made
of the
secretary
other
snch
hereinbefore
mentioned
company every such
copy
thereof certified or duly recoi'ded, any office copy shall be conclusive evidence in this Colony, of such
and articles of association the persons
by
such
trar, Regis-
memorandum
of association
by signed.
of
the and is the
thereof
by
whom
the
and of the signing respectively same respectively purport to be
5. Any deed of any

the aforesaid
which Acts
incorporatedcompany
of Parliament in this in which
under registered
is executed be of seal the
out
either
of this under
;
Manner and mode
of deed of
executing
Colony, but
common
is recorded
Colony,shall
the presence
that and the that
executed
two
same. pi'oving
seal of such execution seal of of
company
such
witnesses thereto affixed
the
deed, and
company,
affixed
was
common
the
same
of such authorityof the board of directors or managers and in conformity with the articles of association of such company, and the signatures of the directors to any or company, managers such deed (where such signatures are required by the articles of association of such company,) and the signature to such deed of the such seal may have been affixed, secretaryor other officer by whom of such declaration of one may be proved by the affidavit or solemn witnesses or of the secretary or other officer affixing such seal, sworn
or
thereto
by
the
made
in
manner
liereinbefore
mentioned.
Effect of of
6. Every instrument made in this Colony on such behalf of any executed and in the witnesses of two incorporated company presence under the hand of any person in writing empowered by instrument under the common seal of such company, either generally in respect or of any specified deeds on its behalf matter, as its attorney to execute in this Colony, shall be binding on such and have the same company, effect
as
instrument luider hand
attorney of
company.
if it
were
under
the
common
seal of the company.
7. The
Colonial
Company, Limited,
to
hereinbefore
to
mentioned and
shall
immov-
Power
have, and
is
hereby declared
have,
power
hold lands
to the Colonial pany, Com-
Limited,
370
No.
lands, able
7.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1868.
to
to hold and of
property
in this
Colony
in
the had
same
manner
all intents
and
tion confirmaas purposes under the
if the
said company
been
in this incorporated
Colony
ports previoustransto tliem. Now 1898. No. 21
Companies Ordinance,
to and
and
and dates
other immovable
in favour valid legal,
tions 1864; and all transports of plantain executed and heretofore passed property
of the said
0/ this
Colony
declared
and
binding,
as
company and on
are
hereby
the
confirmed
from
respective
of such The
transports.
mentioned
and of the
so
Evidence memorandmn and
of
8.
hereinbefore
examined
said
copies of the said

of the
andum memor-
of association
and
articles in
association
of
the
articles of
association
Colonial
of
are
Company, Limited,
Counties of Demerara
to
both
recorded evidence
Office Registrar's
certificate of
the
and
Essequebo as aforesaid, shall

of
be and
of
incorporation
of the Colonial
hereby declared
and the
be conclusive association whom the
such
memorandum
of the
Company,
Limited.
association
articles of
and respectively,
same
signing
thereof
by
certificate of signed; and Edward signedby the Honourable Stock Companies in England, also
Office
as
persons the said
by
respectively purport to be said company of the incorporation

Cecil
Curzon,
in
Registrar of
the said
to
Joint
so
recorded
Registrar's
conclusive
aforesaid,shall
be
and
is
hereby
declared
be
evidence
of the of the incorporation
said company.
ORDINANCE
A.D.
1868.
No.
OF
1868.
An
Ordinance
Licences
to
consolidate Sale of
the
Laws Malt
-;" "
No.
Ordinances i of 1877, No. 7 of 1880,

13 8 8 22 No.
s.
for the
Wines,
relating to Liquors, and
Liquors. Spirituous [1stJanuary, 1869.]
No. No. No. No. anA 1902
of 1890,
0/1892, of 1899,
of 1900,
28
of
it enacted and
consent
by
the Governor
Court of
of
British Guiana,
as
with
the
:
"
advice
of the may
Policy thereof,
as
follows
5 incorporated.
1. This
Short title.
Ordinance
be cited
the
Wine, etc.,Licences
ance, Ordin-
1868. 2.
*'
Interpretation
of terms.
In
this
Ordinance,
"
"
Licence," when
Licence
:
used
by itself,means by duty
which when
"
Retail
Spirit Shop
licence, means
in
:
"
Commissary," when
used
itself in relation of
to
doing the person any within Fiscal District

means licence,
Commissary
licence
of
Taxation be used
the
the
is to
"Stipendiary Magistrate,"
any in
used
the
;
Judicial
"
doing the person within District

twelve year
by itself in relation to a trate duty of StipendiaryMagiswhich the licence is to
be
"
used
Financial
Year
in
means
months
commencing
on
on
the
first
day
of
'*
of
"
April
in the
one
March
next
Rum
includes
all
ending succeedingyear : of liquor whatever
and
the
day thirty-first
rum
which
forms
component
compounds
therewith
cordials, liqueurs or similar part other than bitters, connected which the Commissary on question any
arising is
under the
satisfied
and
were
manufactured
by
pounder com-
Bitters
Cordials
22 of
Ordinance,
1890,
from
rum
distilled in the
colony : (Amd.
1900, s. 3.)
372
No.
8.]
of
THE
LAWS
licences
OF
and
BRITISH
GUIANA:
[A.D. 1868
and
holders
all such
all Commissaries the
of Taxation
other
engaged in carryingout persons 8 of 1899, s. 2.)

Duty
Excise
to
of this Ordinance. provisions
(Amd.
of the Board
8.
frame
It shall be
the
duty
of
the
Excise
Board with
from the
"
time
to
time
to
frame
regulations for
of the pmi)oses Ordinance.
not regulations, being inconsistent that Ordinance, for the following purposes,
provisionsof
this
is to say,^
(1.)For
of
Retail
classification or rating or assessment a establishing proper of the Licences in the several Districts SpiritShop the and
Colony ; and (2.)For the guidance in

of
out
discharge of
all other
their
duties
of in
the
missaries Com-
Taxation
the
proper
of this Ordinance, and provisions forms. (Amd. 8 of 1899, s. 2.)
persons for
engaged carrying providingthem with
etc. SpecialJtistices,
Power Justices pui-poses to appoint
9.-'
of the
(1 ) The
Governor
case
is
hereby authorized
of the absence
to
Special
for of tlie
etc.
Peace, who, in
from
Justices appoint Special their Districts, the or
at inability
Ordinance,
all the transfer seizures
to act, of Stipendiary Magistrates, perform any time may duties of Stipendiary Magistrates relatingto the granting and
of
licences section such
under
this
Ordinance
shall be
and
to
the
ordering
any
of
under
61.
(2.) No
of office.
special Justice
required to
take
oath
Judicial the the
(3.) Any StipendiaryMagistrate or SpecialJustice may, in any District without and specialappointment, perform all any duties by this Ordinance assignedto the Stijêndiary Magistrate of
District.
(4.)Any
Magistrate Commissary
Use of Sikes'
Couimissary
of
Taxation
or
Clerk
to
Stipendiary
may,
perform
10.
in any Fiscal District and without duties all the by this Ordinance of the
any
specialappointment, assigned to the
of Taxation
District.
Hydrometer, weights, and

tables.
all
purporting to be a Sikes' Hydrometer, and Every instrument used with the and all printed tables purportingto be weights same, the strength of spirits with Sikes' Hydrometei', tables for ascertaining according to their temperature by Fahrenheit's thermometer, and purporting to be printed by authorityof Parliament, may be used by
any Officer
rum
of for
Colonial
the
Revenue
in this
order
to
ascertain
the
as
strength of
any Fahrenheit's
of purposes thermometer used
Ordinance, and,
such Officer be deemed is shown
by
any
for the
the temperature of such rum, shall ascertaining until the contrary and to give correct results,
as any of purposes to be correct, some
well
by
person
interested.
Issue of licences in different counties.
11.
issued and
The
Receiver
General
shall
deal
of shall
with
all
licences and
whatever
ever what-
for localities within Assistant Receiver
the Counties
General
Demerara deal with
Essequebo ;
the
all licences
issued for localities within
the
County
of Bar bice.
Sale
Rules und
as to sale of wine
of Whip,
etc.
12.
exposes
"
(1.)Save
or
as
hereinafter
excepted,every
person
who
or sells,
oflFers for sale, or
otherwise barters, or
malt
of disposes
for
money
liquor.
A.D.
or
1868.]
wine
WINF,
or
ETC.,
LICENCES.
[No.
an
8.
373
any being convicted
reward,
malt
of liquor shall be guilty

a
offence, and,
less than
ten
thereof,shall be liable to
dollars. exceedingfifty the
penaltyof
not
dollars and
not
cases
(2.)The following are followingwine or malt

for
"
offered
to say,
bartered or sale,
or
exceptions; and in the excepted be lawfully sold,exposed or liiiuor may of for money or disposed reward, that is
it is sold, exposed or offered for sale, (a.)Where or bartered, of for money reward or disposed by wholesale and in quantities time to one exceedingthirty Imperialgallonsat one person,
firm,or
corporation;
(b.)Where it is sold,exposed or offered for sale,bartered, or reward in a Licensed or disposedof for money Liquor Store by the person holdingthe licence for such liquorstore, or by servant some or agent employed by such person, in quantities of not less than two off the Imperial gallons,to be drunk ; premises it is sold,exposed or offered for sale,bartered (c.)Where or reward in a Licensed Hotel or disposed of for money or
Tavern,
the licence
tax
or
holder of which
is not
in
arrear
of
ment pay-
of any instalment to be consumed or thereof, on premises, and is so sold, exposed or offered for sale, reward or bartered,or disposedof for money by the person the
of any his licence
duty imposed by
Ordinance
in
respect of
holding
servant
on
the
or
licence
for
such
hotel
or
tavern,
and
or
by
some
agent employed by such

it is
person,
is consumed
the
premises;
sold,exposed
or
(d.)Where
offered for
in
a
sale, or bartered,
Retail Spirit holds the licence for such shop,or Shop, by servant or agent employed by such person ; and by some Where it is sold,exposed or offered for sale,bartered,or (e.) reward of for in a shop,store or disposed or room, money for which the for so selling, yard exposingor offering person of for money reward holds a or sale, bartering, or disposing licence authorizing him there and to sell wine malt liquor and is sold,exposed or offered for sale,bartered,or disposed of for money, reward by such person, or by a servant or or agent employed by such person, to be drunk off the premises, and is not consumed the piemises. (Amd. 8 of 1899, ?. 3.) on 13. (1.)Every person who sells or offers for sale, or barters. Penalty otherwise or of,any rum, except by wholesale or P^^'^"" d^î"'^ exchanges, disposes which in some retail spirit for he is spirituous he, or some shop by whom person employed, has a licence,shall be liable to a penaltyof not less than liquorwithout icence. dollars and not exceedingfive hundred dollars. fifty offers for who sells or or barters, sale, exchanges, (2.)Every person otherwise disposes sale, or of,any other spirituous liquor, except by wholeretail spirit in some hotel or or some or store, some liquor shop, for Section 12 which in hereof, as or he, or (c.) (2) provided tavern, has whom he is a tho or some employed, licence, during by person he is period and at the placefor which he, or some by whom person 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
"
of disposed
for money or the person who
reward
Licensed
on
VOL.
I.
25a
374
No.
8.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
more
1868.
exceeding two charge shall be

against this
hundred
dollars
Provided any person

one
that in
not
than of
one
brought against
committed
on
respect
8 of
offences
section
any
day.
(Amd.
1899, s. 4.)
Licences
Kinds licences of of for sale
for
four
Sale kinds
of Spirituous Liquors.
of licences
14.
There
shall
"
be
authorizing the
sale
of
spirituous
: spirituous liquors
liquors.
(1.)The
not
first shall be called sale of all

two
the
less than
rize a Liquor Store Licence, and shall authoin quantitiesof liquorsexcept rum, spirituous gallons ;
an
(2.)The
except
second
the
shall be called sale of

to
Hotel
or
Tavern all
Licence, and
shall
authorize
wine, malt
on
a
and liquors,
spirituous liquors
rum,
be drunk
the
premises ;
(3.)The
third the
shall be called
Retail
authorize
sale, in the shop for which

all
to
Spirit Shop Licence, and shall the licence is granted,of

any and is
to
wine, malt
and liquors,
and quantities,
whether
be drunk
in spirituous liquors except rum, the premises or on not, time
the sale of rum in the shop for which shall authorize not exceeding one granted,in quantities quart at any any
one
the licence
one
person
or
on
the
order
of any
one
person
; and
for the Sale of Licence (4.)The fourth shall be called an Occasional and shall the sale of wine, malt authorize SpirituousLiquors, and all spirituous liquors except rum, during such day, or liquors, be specified in the licence, at the such portionof such day, as may in the licence. the mentioned publicentertainment, place,or at
Classes of
15. There
of Hotel
or
shall be Tavern Retail
one
class of
Liquor
the
Store
different kinds of licences.
Licences, and
classification
Licences, and or rating
one or
class
ment assess-
of eveiy Excise time

Penalties holders different licences for of
on
Board, subjectto
being in force
"
Spirit Shop Licence shall be determined of any the provisions Tax Ordinance the of to same. s. 5.) 1899, relating (8
holder
of
a
by
for
the the
16.
for
(1.)Every
Liquor
Store
Licence
who
sells
or
offers
etc., selling, wine, etc., in

contravention of licence.
barters,exchanges,or otherwise disposesof, any spirituous shall be liquor,other than rum, in quantitiesof less than two gallons, dollars and less than fifty liable to a penalty of not not exceeding five
sale, or
hundred
Licence
or
dollars. person, Retail other than the holder of

an
(2.)Every
or
Hotel
or
Tavern
to
ten
SpiritShop Licence, who sells or offers for sale, barters, exchanges,or otherwise of,any wine or malt liquor, disposes shall be liable be drunk the to a penaltyof not less than on premises,
of
a
dollars and
not
dollars. exceedingfifty
of
an
(3.)Every
for sale,or
holder
Hotel
or
or
Tavern
Licence
who
sells
or
offers
barters,exchanges, disposesof,any spirituous the premises or on except to be drunk by wholesale, shall be liquor, dollars and not liable to a penalty of not less than fifty exceeding five Provided dollars : that than hundred not one more charge shall be in offences of against this section brought againstany person respect committed one on day. any
Penalty on
holders Eetail of
otherwise
17.
the
more on(,'
"
(L) Except
of
one
a
as
hereinafter
provided,it
licence
one
shall
not
be lawful
for
holder than
Retail
Spirit Shop
rum
to
sell,deliver, or
or
on
disposeof
of any
Spirit Shop Licence

moi'e
(juart of
any
one
to any
person,
the
order
selling
person,
at
time.
A.D.
1868.]
(2.)Every
WINE,
holder of
a
ETC.,
Retail
LICENCES.
Licence
more
[No.
8.
than
375
Spirit Shop
order
who, by himself,
than
one
one
quart
his of
servant,
rum
or
of or delivers, disposes agent, sells,

one
quart
one
oj,^"^^*
to any
time, and
more
every
one on
person, holder of
rum
or a
on
the
of any
Retail is
SpiritShop
person, at any Licence in whose

one
shop
than
or
quart of
the order
person,
guiltyof an offence, and a penalty of not less than

hundred
sold,delivered,or disposedof to any one of any at any one one time, shall be person, lirst conviction on a thereof,be liable to shall,
one
hundred
dollars
and
not
exceeding
five
and, on a second dollars, 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 and, in addition,to have his licence forfeited : Provided always penalty,
that it shall be lawful
or sell, deliver,
for the
more
holder
than
of
one
Retail
SpiritShop
rum
Licence
one
to
disposeof
quart of
sale
or
to
any
son, pera
if such
holder
to has, previously
such
obtained delivery, the Schedule

to
in the specialauthority,
Form
No.
1 contained
in
this
Schediile io""i-^"-i:
Ordinance, from a Commissary of Taxation, and signed by such Commissary,authorizing such holder to sell such larger quantity to the
particular person
18.
"
named
therein.
Time for wliidi
i nay
(1.)Liquor Store Licences may be taken out at any time, for unexpired portionof any Financial Year, provided that the periodfor which they are taken out shall not be less than three months, and Retail shall not be granted after the commencement SpiritShop Licences
the
whole
licences
of any of the Excise
financial that
year
unless
it is shewn exist for
to
the
satisfaction
same.
Board
specialreasons
granting the
at
(Amd. 8 of 1899, s. 6.) Licences (2.)Hotel or Tavern the whole unexpii'ed portionof any period for which they are taken out
1 9.
All
be taken out may Financial Year, shall not
any
time, for
that the month.
and Obtaining and
for paying licences.
provided
one
be less than
licences dealt with

manner
in this
Ordinance
shall be obtained
paid
for in the
hereinafter
provided.
or
Liquor
20.
in the shall make
Store and
Hotel
Tavern
Licences. Licence of
the in
for Ajiplication
Every person who to application

to
an
is desirous the Excise
of
procuringa Liquor Store

in the Form who No. every person shall make in the
Board
2 contained
Liquor Stove
or
Schedule
tliis Oi'dinance,and
or
is desirous
Hotel
or
Tavern
obtaming
Excise
Hotel
Tavern No.
Licence
Board such
in the Form
3 contained
some are
said
application to Schedule, and
Licence. Sdiedule Fomi Forai No. No.

:
making
all
apphcation shall name communications to it relating

The
.
placein Georgetown
be addressed.
once
to which
2 3
"
to
2 1
Excise
Board
shall
proceed at
to
take
every such
to
cation Dealing applithem
with
may such
and shall grant or refuse the same consideration, as and seem fit, immediately on coming to a decision,shall decision to the applicantat the address given by him as
into
apjilication.
intimate
before hereinstate
provided,and
their
reasons
when
they refuse
any
application, they shall
for such
refusal. of the be
Right
from of the Excise Board. of
22.
Excise
"
Board
(1.) Any such applicant appealagainstany decision may refusing him a licence,and such appeal shall
state
appeal
by
decision
petitionto the Governor-in-Council. (2.)Every such petitionshall

and shall be
to the
fully the grounds

the time of Excise
of
appeal,
nication commu-
presentedwithin seven days from of the decision of the applicant
the
Board.
.176
No.
8.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1868.
shall the Clerk of
at
be practicable, the Governor-in-Council as (3.)As soon may such petition into consideration, and confirm or reverse may Board the Government decision of the Excise Secretaryor ; and the decision Council of the Executive shall, immediately on take Governor-in-Council. communicate him
as
the the
the
same
to
the
applicant
address
Issuing and
form of licence.
given by
hereinbefore
provided.
(1.)If,either by the decision of the Excise Board or of the shall obtain the applicant the application is granted, Governor-in-Council, Receiver the licence for which the he has to on payment applied, the Assistant of the sum General Receiver General or able properlycharge23.
"
for the
Schedule Form Fonn No. No.
:
same.
4 5.
(2.) A Liquor Store Licence be in the Forms No. respectively

to
and
4 and
an
Hotel No.
or
Tavern
Licence
shall
5 contained
in the Schedule
this Ordinance. Retail
Spirit Shop
Licences.
Payment for Eetail Spirit Shop Licence.
shall be made by Payment for a Retail Spirit Shop Licence in the first instalment instalments to be paid advance, equal monthly the remaining instalments hereinafter provided,and at the time to be secured by, and to be payable in terms of, a bond with two sureties as hereinafter provided.
24.
Holding of meetings of
Justices for
entertaining applicationsfor Eetail Spirit

Licences.
of the Peace of the Justices residingin each Colony for the purpose of entertaining applications for localities within for Retail the District Spirit Shop Licences for any Financial Year, shall be held on any day after the 31st January of February nextand the second not later than Monday of the month such of Financial Year. 8 s. 1899, preceding (Amd. 7.) (2.)Every such meeting shall be convened by the Stipendiary to be published in 7'he Magistrate of the District,by advertisement fore of the Gazette and one at least five days beColony, Official newspaper the day appointed for such meeting ; and such advertisement every of the meeting and the the Judicial shall state the hour place within
25.-
(I.) A meeting
District of the
Judicial
District Application for Retail Spirit Shop Licence,

consideration
at
which
it is to be held.
a
for Every application with and made, proceeded
26.
Retail
Spirit Shop
in the
Licence
manner
shall be
and
dealt
five
with,
following,
that
thereof, and
decision
is to say, (1.)The applicant,at least

"
days
before
serve
the
on
the
thereon.
meeting
in which
of
the
Justices, shall
District
to
the
Taxation
for the
Fiscal
in which
the
on
day appointed for Commissary of house, shop, or premises

the
the
a
business
in
be carried No.
under
licence,is
or
or
are
situate,
notice
duplicate, signed by
for
a
himself
in of
his
thorized au-
Schedule Form No.
agent, and
6.
in the Form if the
6 contained
the
a
Schedule
to
this Ordinance if the service
is application
a new
renewal
licence,
to
and,
such
is for application
as
shall, in licence,
addition,
the notice also affix one aforesaid, on copy of such of another the front door such of and the outer on outside, inside, and shall keep such notice so affixed until house, shop, or pi-emises, hereinafter provided the granting or refusal of his application, as for, by the Excise lioard ; the and time place appointed, the applicant or his agent the Justices in writing shall attend, and duly authorised
case
(2.)At
thereto the
shall in every
inquire into the

as generally
character
and
circumstances of
of
and applicant,
to
the
expediency
granting the
A.D.
1868.]
licence, and
available
as
WINE,
shall in every
to the
ETC.,
LICENCES.
procure such information of the proposed sureties
shall be entitled
act
as
[No.
as
8.
377
case
circumstances the who Justices shall
such occasion every of the Commissary,

bound
to to previously to
to
the and such his
be may and on ; assistance shall be
their
on
Clerk,
every
in
inform
himself, and
all the
occasion
impart to relating
the
Justices in
information
possession,
question; and, in pursuing such imjuiry witnesses take Justices the evidence, examine aforesaid, as may and in in hear and to, the of, opposition parties support upon oath,
the
matters
: application
Provided
the
that
the
Justices
present
in person
may,
;
if
they
8 of
think
fit, require
s.
applicantto
attend
(Anid.
1899,
8).
(3.)The
Stipendiary Magistrate, and, in his absence, any Special Justice appointedunder this Ordinance acting for him, and, if there Justice present, the senior or is no Special Magistrate Stipendiary of the Chairman be shall Justice meeting. Every question present, shall such be and on occasion, c ognizalile propei'ly any arising decided by a majority of the Justices present, and, if they are shall have a casting vote ; and if equallydivided, the Chairman there such occasion Magistrate and only a are Stipendiary on any such then other Justice Magistrate, or if Stipendiary one present, if he Justice present, then such is only one Justice,shall, there of all matters on decide and dispose thinks properlycognizable fit, be adjourned lo the business may On every occasion the occasion. other day ; some of the Chairman of such inquiryas aforesaid, the conclusion On (4.) the singleJustice,if there is only one the meeting, or present,
shall make
a
report
to
the
Excise
Board which whether
; and
such
report may
desirable
contain
to
any
generalinformation
shall
case
it is considered the
therein, and the as Justice, single

insert refusal of such
; and, along Commissary shall
state
may
be, recommends
the
reasons
meeting, or such the granting or the

such
or
and application,
with such
to
for
tion recommenda-
report of the Chairman

the Excise
Justice, the
furnish
Board
report containing
the popuhitionof the information to the locality, as particular and neighbourhood,and the house, shop, or premises in question, he may consider in his possession as also such generalinformation the Board in deciding as to the Excise to to be of use likely ; and granting or refusal of the application and practicable, (5.)The Excise Board, as soon as may be convenient shall take refuse every
such
and report into consideration,

seem may intimate
shall
grant
or
to them as application the application, they shall at once Commissary, who shall notifyit
the
and, if they refuse fit, such rejection to the

and every such
to
the
; applicant
refusal
shall be the
final. Excise
Board decide
to
27.
"
(1-)If
same
grant
shall at the
time
fix the shall
or classification,
application, they rating,or assessment,

their decision
to
the
Fixing
classification
^*^^"'^"-
of the licence, and
Commissar}',
his
who
shall
at they notifyto
once
intimate
the
the
applicant such
and classification,
of one rightto obtain the licence on making payment in advance and for the of the instalment amount executing same, payable monthly bond before a StipendiaryMagistrate as hereinafter provided. a the or classification, (2.)If the applicant is dissatisfied with withdraw his either at he once application or assessment, rating, may
378
No.
8.]
may
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1868.
to
or
appeal from
the
decision of the Excise
Board
the
Goveraorof
one
as
in-Council.
(3.)Such
the
appeal
shall be
forth by petition, setting
the
reasons
than be presentednot later must petitioner; and the petition such intimation the of week after the receipt from Commissary and aforesaid,
must
be
of
accompanied by
the the Executive communication
letter
to
the
some
(Government
Secretaryor Georgetown, (4.)

alter,or
Excise The
Clerk
to
Council, naming
of the for the
at
place
of
in
which is to
decision
the
Governor-in-Council consideration
vary of
be addressed
Governor-in-Council
such
shall
may,
petition,and
the classification, or rating

such of
or
applicant. the once proceed to by his decision, confirm, made assessment by the
being arrived
Council
named
at
once
Board, and, immediately on the Government Secretaiy or Clerk

communicate the
same
decision the the
at,
shall
;
Executive address may
to
the
applicantat
such
by
him
and,
his
Further
if he
is dissatisfied
with 8 of
he decision,
ss.
withdraw
application. (Amd.
"
1899,
2 and
9.)
proceedings by applicant for obtaining

licence.
of the decision of the intimation ten days after (1.)Within the aforesaid the to as Commissary, applicant by given of the of the decision within or seven days after communication made the Government Governor-in-Council aforesaid to him as by Council, the applicant and his Secretary or Clerk of the Executive shall of proceeding with his application, sureties, if he is desirous with the of before District, who, StipendiaryMagistrate appear any the of the Commissary of the Fiscal District in which the assistance Stipendiary Magistrate is sitting, shall inake full inquiry into the their sufficiency, if he is satisfied with of the sureties,and sufficiency the first and the applicant shall then there pay to the Commissary of the amount monthly instalment payable for his licence, and he
28.
Excise
Board
and
Schedule Forms
:
his Forms
sureties numbered
or
shall 7
as
then
and and 7
there
execute
bond the will
in
either
of
to
the
7
(")
(b)
as
contained
in
Schedule
in way
No. 7
this the and and
(a) and
ib).
Ordinance, payment of
near
thereto
circumstances
the
of any other sum the Commissary

to
remaining monthly instalments, each that be or become payable by may

shall at
General
once or
admit, for advance,

of
duty
the
:
forward Assistant
the
sum
so
paid
General first
to
and
bond
the
Receiver that the
the
Receiver the and
Provided
instalment of
if the
amount
applicant
fails to
bond
of and be
ten
as
hereinbefore
payable for provided within

deemed
to
pay his licence the
monthly
execute
a
above
mentioned
his
days, he
shall
be
have
abandoned
period application,
any void.
are
shall thereunder made assessment I'ating on 1899, s. 10.) (Amd. of the sureties insolvent, or die, or become (2.) Whenever any absent from the General Receiver require the Colony, the may
classification 8 of of the and licence if the
to
holder
manner,
find
another for be
surety
one
to
be
to to
bound
be
in
like with
holder
licence
fails
mouth
comply
such
requirement, the of 1902, s. 5 (1.).) (28

29.
On the the
shall
deemed
determined.
Giving of
certificate and issue of licence. Schedule Form Form No.
:
payment
of the first instalment

to
and
the
to this
the execution
a applicant
of the
bond,
Stipendiary Magistrate shall give

No.
8 contained in the Schedule certificate
to
a
certificate the the 9
in the form
Ordinance, and
General
the Form
or
such on delivering ajjplicant,

8
;
the
Receiver in
Assistant
Receiver in the
General, shall obtain

Schedule.
licence
No.
No. 9.
contained
Haid
380
No.
8.1
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
is
1868.
StipendiaryMagistrate before
and
to
whom
the shall
security bond
executed,
be
the be the
date date
of
the
said
endorsement
of the
transfer.
(Amd.
for all purposes 8 of 1899, ss. 2 and
deemed
11.)
Power transfer
to allow for
unexiiired portion of year.
transfer the allow if they see fit, may, of any licence, under either of the last two preceding sections, for any be less unexpired portion of a Financial Year, though the same may
34.
"
(1.)The
Excise
Board
than
three
months. bond in Form varied No. and 7
(2.) The
Ordinance
contained
to
a
in
the
Schedule
case
to
this
shall be
adapted
of
suit Licence
required to be given on the last two preceding sections.

Prohibition Justice of
transfer
every under
of either
security
of the
35.
the licence
No
Justice
or
shall
take of
a
taking
part in
granting
is
transfer
any part in licence when it is
any the
proceedings relating to
premises
to which
for which it is to
the be is for
proceedingsin
certain
cases.
sought,or
or
to which
transferred,
the
the
land
whereon
such
property, in whole he is manager whom

blood
Justice
or
or
in part, of or agent, or of
or
attached, or or situate, are premises are such J ustice,or of any person

a
person
to
whom
a
he
is, either
of whom
by
"
marriage, father, son,

is the
brother, or
or
of
person
such
partner in any
trade
business.
Fee
to
36Retail the
sum
Commissary.
shall Commissary SpiritShop Licence, or for
Every
receive the
to
from
or
every time
applicant
of the of the
for
same,
renewal him
at
transfer
of two
on
dollars, to be paid
the
service
of
notice
him
by
as
such
applicant.
Proceedings of
Justices
37.
and the
Except
powers
hereinbefox'e
be exercised
to
provided with respect to the supervision Board, no decision and by the Excise
Justice Justices in any way relating or shall be subject to any of any licence whatever tribunal before any court or or
; nor, to
or
relating to
licence the not
to
under ject be sub-
no
Ordinance
to
appeal.
of any proceeding whatever to the granting or the transfer revision, control, or a^^peal by
or
any
person in in
or or
anything done,
Justices
whomsoever persons omitted refused or

to
be
except done,
as
aforesaid,shall
any any Justice licence
or
by
of
relation
the
granting
transfer
be
brought
or or
the subjectof any order, application, be made or question, whatever tribunal or proceeding whatever, by or before any Court the px'ovisions whomsoever or notwithstanding ; persons person any law
or
of any Keeping and
Ordinance
whatever
to
the
contrai'y.
Assistant Receiver Store
38.
shall Hotel
publication
of lists of licences.
and General (1.)The Receiver keep sepai-ate lists of respectively

"
the all
General
Liquor
Licences, all
or
Tavern
Licences, and
all Retail and
in Demerara list shall be
and
Essequebo
form Board
as
in such Excise
may may
issued Spirit Shop Licences and such in Berbice respectively ; Board. the Excise be prescribed by any time
(2.) The
of such lists.
at
demand
and
have
copies
when
such Keeping
record of of
(3.) Such lists shall be ])ublication may

"
be
directed
publishedfrom time to by the Governor.
time
as
and
39.
(L) Every StipendiaryMagistrate shall keep

he shall enter all transactions and such and when
matters
proceedings
relating
Retail
to
in which
separate book relating in Retail

a as a
SpiritShop Licences,
keeping
such the
same
book,
and
so
soon
form
of in
Spirit
Licences.
is
Shop
prescribedby
the
Excise
Board,
shall be
kept
form.
A.D.
1868.]
(2.)On
or
WINE,
before the
to
ETC.,
fifth the
LICENCES. of each
Board
[No.
month,
a
8.
381
day
each of
Stipendiary
all entries in
Magistrate
such book
shall forward
Excise
copy
during the precedingmonth.

Occasional Licence.
may
i.
40.
T Licence
"
"
(1.) Any
\
tor the
l^
Commissary
sale
^ n
"
of Taxation
^"
issue
rum.
,"
an
Occasional
Issue sional
of OccaLicence.
or
spirituous liquors except

shall be is to
-^
(2.)Every obtaining such

and
all
such
licence
the 2)lace at specify
which
the
person
licence
authorized
rum,
to
sell
portionof the
spirituous licjuors except day during which,
and person
the
wine, malt liquors, day on which, or the

so
such
is to be
authorized.
Special Permit.
41.
"
(1.)Notwithstanding anything
for the time may
a
in
this
Ordinance the
sanction No.
as
or
in
any the
Power for
to
issue
Ordinance
of Excise in the will the
being
at
in force
the relatingto spirits, with the

near
permit troller special Comp-
Customs issue
any
time,
or as
of
use
of
Board,
Schedule
to
specialpermit,in
in
Form thereto
12
contained
in
spirituous liquor in
scientific
to this Ordinance,
circumstances
or
pursuit, admit, engaged any person any See Ordinance practice of any art, or in any manufacture, trade, or business 190.5. No.\ q/' and to remove to keep in the premises where he Schedule authorizinghim is engaged in such or practises such art, or carries on such Forra No. 12. pursuit, business business or manufacture, (hereinaftercalled his trade, such in not exceedingfifty l iquor quantity, premises") any spirituous be fixed by the Excise in each case Board, and of gallons,as may of for the purpose a proof, degrees over strength not exceeding fifty in such pursuit, art, manufacture, trade, being there used exclusively
: "
scientific
pursuits,etc.
or
business.
whether
such
(2.) It shall be in the they will grant or

permit.
discretion of the withhold

their
Excise sanction
Board
to
in each
case
the issue of any

to
(3.) Any such permit shall not or keep any spirituousliquor in premises.
42.
to
authorize any
place
any such person than his other
have
business
Every
to
account,
to whom person the satisfaction
for Accounting be bound any such permit is issued shall of the Excise Board, for the due disposal^^^^l^l
speciaT
of all
new
liquor obtained by spirituous special permit shall be issued

.
him
to
under him
such
under
permit before any the last preceding

heretofore
penult,
section.
43.
Every
or
person
to
whom
"
any
such
permit
has
been,
or
Penalty for
contravention of
raa)' hereafter
be, issued who
(1.)Has
keeps any such spirituousliquor in any place other his business premises; or (2.)Uses or applies,or suffers to be used or applied,any
spirituous liquor
than the for the
course
than
provisions relating to
permits. special such

other in
as
for
any
purpose
or
in
any
way
whatever
bond
of such
of or dealing with anything fidepreparation manufacture, trade, or business art, pursuit,
aforesaid,
shall be lial)le to The
a

80 under
hundred
dollars. and 41
44.
the
holder
of sections 77 and provisions of any specialpermit issued
shall extend section
apply
and
to
to
Application
of certain
his
provisions.
business premises.
382
No.
8.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1868.
Regulation of Licence-holders.
Affixing of sign board on licensed liquor
store, hotel,
tavern retaQ and
45.
some
"
(1.)Every
or a
holder
of
licence shall
for
on
liquor store, au
the outside of
hotel,a
and
over
tavern,
retail
spiritshop
affix
spirit
shop.
conspicuous door in the front of such store, hotel,tavern, or and a board, on which there shall be legibly painted,in clearly the letters,not less than three inches long, on a black gi'ound,
of the holder of the licence
at
shop,
white
name
length,and
underneath
the
words
Tavern," or Hotel," "Licensed Liquor Store," "Licensed Retail SpiritShop," as the case may be, on pain in default dollars for. the first, to a penalty of ten thereof, of liability twenty quent subsedollars for the second, and fortydollars for the third and every
"Licensed
"
Licensed
breach
of this section. affix be such board

a
after
omission to (2.)Every continued the last previousconviction shall
for
ten
days
the
considered
repetitionof
offence.
Keeping of l)y Spiiit Shop Licence.
:
books
in the
liolder of Retail
Schedule Form Form No. No.
13 14.
Spirit Shop Licence shall keep granted a book, in the Form shall be No. 13 contained in the Schedule to this Oi*dinance,in which entered received all the rum or brought into the said shop^ and a book, shall be in the Form No. 14 contained in the said Schedule, in which entered all the other spirituous licjuors brought into the said shop. (2.)Every holder of a Retail SpiritShop Licence who neglectsto
46.
"
(1.) Every holder

for which the
of
Retail has
shop
Licence
been
make he
the
necessary any
rum
entries
or
in the
said
books
on
the
same
receives
other
offence, and, being
convicted
spirituous liquor shall thereof,shall be liable
be
to
day on which guilty of an a penalty not
dollars. exceedingtwenty-five
Production of
47.
books,
etc.
(1.)Refuses
SpiritShop Licence who quired reCommissary of Taxation, when any holder book be such in to do to kept required by so, any the shop for which the licence is granted ; or from inspectingany such (2.)Prevents any Commissary of Taxation Every
holder
to
of
Retail
"
j^roduceto
book
or or
(3,)Molests
such
obstructs
;
or
any
to
Commissary
of Taxation
when
ing inspectany and
books
or (4.) Prevents attempts Commissary of Taxation
prevent by any
device
or
otherwise
from such
ascertainingthe
of
true
quantity
when
strength of
all
liquor in
any
(5.)Molests
such shall
to
a
or
hinders
shop ; or Commissary
Taxation
ing ascertain-
be
quantity or strength ; of an offence, and, being convicted guilty

less of than
s.
shall thereof,
not
be liable
penalty of not dollars. (Amd. 8

Declaration be made to
twenty
dollars
and
exceeding fifty
his fixed
1899,
of
a
12.) SpiritShop Licence,or

the
rate
48.
Every
allowed
holder
to
Retail
at
agent, before
by
lioldcr of lletail
being
number
Spirit Shop
Licence
on mm
Ordinance of
for
the
pay time
rum
gallonsof
15 contained
by an}^ Tax gullon duty per be each in force to on gallon (jf the being paid be his shall i n licence, required to specified facts,a declaration
in the Schedule
s.
taking
out
of bond.
:
fill in, according to the Form No.

same.
relatingto
this
the
same
in
to
the
Scliedule Form No.
to
Ordinance, and
sign
15. of
the
(Amd. (1.)All
licensed of the
8 of
1899,
13.)
Regulation
strength
licence
of
49.
in any any
"
spiritkept by
holders.
part
liquors brandy,whiskey,gin and other spirituous retail spirit shop, hotel or tavern, or liquor store, or in with, the premises or outbuildingsof, or connected
rum,
A.D.
1868.]
sliall be of
WINE,
FAV.,
LICENCES.
[No.
8.
383
same,
below
good wholesome qualityand shall be of a strength not under cent, proof. twenty-five per If such whiskey, gin or other spirituous brandy, (2.) ruin, any below twentyis of a strength of wholesome is or not quality, good liquor five per cent, under proof,the same, and the package containing the Officer of or be seized by any Commissai-y of Taxation same, may
for the liolder of the licence and the and shall be forfeited, store, (as the case be) spirit shop, hotel or tavern or liquor may and which the same is found, shall be guiltyof an in or near offence, being convicted thereof,shall be liable to a penalty not exceeding fifty Customs retail
dollars.
(3.)If any rum, brandy, whiskey, gin,or other spirituousliquor of a strengthbelow proof is sold from any twenty-five per cent, under hotel or licensed retail spirit or tavern, liquorstore, the holder of shop, hotel the licence for such retail spirit or tavern, or liquor store sliop, of shall the be an and, being convicted offence, case be), guilty may (as dollars. shall be not liable to a exceedingfifty thereof, penalty of rum, the section The of this to as strength provisions (4.) shall sold not and other apply l iquors brandy, whiskey, gin spirituous such to any bitter^,cordials,liqueurs, or similar compounds of rum manufactured by a compounder under the Bitters and Cordials Ordin- m, have such spirituous liquors as on to any importation 1890, or ance, as been bitters,cordials,or passed by the Comptroller of Customs or provided the strength of such bitters,cordials,liqueurs, liqueurs, similar compounds, compounded or imported has not been artificially the compounder's premises,or from altered since they wei'e removed imported,as the case may be. (22 of 1900, s. 5.)
49a.
"
of 1890.
licensed retail Quantity in any in bottles (1.) The quantity of rum time shall not exceed at any one thirtyreputed quarts or ^" be kept in spiritshop 100 for each or part of 100 gallonsof the retail spirit gallons sixtyreputed pints .shop. annual of such shop. assessment found is at time bottles in If of an by rum (2.) any any quantity of a retail spirit officer in the stock of a holder shop licence in excess in sub-section of the quantities mentioned (1) of this section, the same of the retail spirit shop holder seized and the official be such by may thereof shall be liable shall be guiltyof an offence and being convicted dollars : to a penalty not exceeding twenty-five Provided
to
of
that be
to
where
be
kept
would
less than have

or
rum
of bottles so allowed the number in any case 270 reputed quarts or 540 reputed pints, in bottles in such
it shall be lawful 270
shop
to
the and
extent
no more.
of
reputed quarts (20 of 1904, s. 3.)

50. have
"
540
reputed pints at
one
time
(1.)No
every
liquorsof
or goods, wares descriptionused
merchandise
for
whatevei', except ice, Articles,other than liquors drink, empty packages which be
permittedto
sold in retail spiritshops in
manufactured and or tobacco, whether liquors, sold dealt shall be and bartered, exchanged, io, cigarettes, not, cigars from in or otherwise disposedof, either directly or or indirectly, any New or licensed retail spirit in Amsterdam, or by Georgetown shop the holder of the licence for such shop in or from any adjoining house or premises.
contained such
Georgetown
and New Amsterdam.
(2.)The
less than of
ten
holder
of such
not
licence
shall be liable
to
penalty of
every
not
dollars and
any
of
the
exceeding fiftydollars foregoingprovisionsof this section
for
:
breach
Provided
that
384
No.
8.]
may
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
holder retail there
1868.
of
licence Retail
granted to any person, other than the Spirit Shop Licence, to keep any shop, other than a such adjoining house in or premises, provided that shop,
be
internal of communication between the such licence, any such any such licence shall be liable to a such communication remains
spirit
is
no
and if after the granting two; the holder of is jiiade, communication dollai's for every 12 of
penaltyof ten (Amd. open.
day
that
1896,
s.
4.)
Penalty on
holder licence of of for sale
51.
hotel
or
licensed is delivered in any If ''iny intoxicatingdrink whatever retail licensed spiritshop, to any tavern, or in or from any
liquor to
person intoxicated.
person licence
appearing to
for such
be
in
state
of
intoxication, the
shall be liable
to
holder
a
of
the
shop, hotel,or tavern,
penalty not
exceedingfive dollars.
52.
be sold other All for
Penalty on
holder Licence barter in retail of Retail for of
liquors disposed of
money, and
in
shall not
any be
licensed
retail
or
bartered
the licence for dollars
SpiritShop
liquor liable spirit section.
thing,on pain of the holder of to a penalty not exceeding ten
spirit shop shall exchanged for any for such shop being
breach of
every
this
shop.
Penaltyon
holder of Retail
SpiritShop
Licence, etc.,
not
riotous in
or
dispersing meeting
near
retail
spirit
shop.
or noisy 53." (1.)If at any time there is a riotous, or disorderly, retail licensed any meeting or assemblage of persons in, at, or near shop, the person in charge of such shop shall immediately call or spirit of the nearest send for the assistance policeman or rural constable to such meeting or assemblage. disperse ance, (2.)If any person so in charge fails to call or send for such assistliable shall be to for such the licence a the holder of penalty shop rural constable dollars ; and any policeman or who, not exceeding ten such assistrefuses to called sent or for, or neglects on give being so shall be liable to a penaltynot exceedingten dollars. ance
Penalty
cards
or
or
for
playingat
dice,
in retail
gaming
licensed
shop. spirit
for money ment, amusemere or playingat cards or dice, whether carried in any be shall kind on of whatever, gaming any licensed retail spirit taining, shop,or in any part of the premises thereto apperor on adjoining, pain of the holder of the licence for such shop of every and engaged dollars, person being liable to a penaltyof fifty in any such playingat cards or dice,or in any such gaming, beingliable to a penalty of ten dollars.
54.
No
and
no
Penalty for sale of spirits

in
or
licensed
from retail to
(1-)No spirituous liquorof any in disposedof or exchanged, or any way

55.
"
kind
shall
be
sold, bartered,
any in for
or
delivered, under
pretext
from any
whatsoever, in
house adjoining
to any of any
or
from
or
any
licensed the
retail
shop,or spirit
licence
to
shop spirit
soldier, etc.
premises of
servant
holder of the
this
such
or
shop,
child
of
His
Majesty'sTroops in
Colony, or
the
wife
the soldier, under

cause
coming
whomsoever of any or officer, person any there of a follower of the Army, being the description
to
reasonable
know
or
suspect the person

for any such
not ten
to
be
such. be liable
to
(2.)The penaltyof
of the
holder
not
of the licence
of
shop shall
less than
dollars
and
for
exceeding twenty-five
subsequent,
breach of
and dollars for the first, any of provisions
dollars fifty
each
this section. Powers and for think the Procedure. all members of the Police
Power
to
56.
-(1.)It
and
shall
as
be
lawful
Force,
retail
or
^ên Polic?Force to
enter
a's often
they may
and upon
fit,to
enter
any
licensed
licensed
spiritshop,and
therewith.
into
premisesbelonging thereto
used
retail
spirit
shop.
A.D.
1868.J
WINE,
who
or
ETC.,
LICENCES.
[No.
Member member of
8.
385
Force
Force
(2.)Ever}'' person into such shop

when in such
refuses to admit
or
any any be
a
tlie Police
premises, shop or premises, shall

thereof,shall
molests
of tlie Police
an

dollars. fifty
Ije liable to
guilty of penalty not
offence,
exceeding
for the sale of Licence 57. Ever}' person holding an Occasional shall be bound to produce such licence,whenever liquor.s spirituous of the required to do so by any Commissary of Taxation, member Police
Production Occasional Licence.
f)f
Force,
or
constable.
who is found or 58. Every person or selling, offering exposing for Arrest of person than licensed in other at a sale, any spirituous liquor liquor found selling any place spirituous retail wine malt or hotel, or or tavern, store, shop, spirit liquor liquor without any at place other than in a licensed liquor store, hotel, tavern, or licence. any retail spirit Licence for shop,and who doe*^ not produce an Occasional the
or
sale
of
liquors which spirituous

for sale, of wine, and
at
authorizes
or liquors,
exposing
when
malt
the sale, or the offering at the spirituous liquors is

so
time
the
place where
for
such malt of
pei'son
found
or selling,
or offering
exposing
sale,wine,
or liquor,
spirituous liquor,
of the Police
can
may
be arrested
or
by
any
Commissary
detained
Taxation,
such
member
Force,
before the for
be brought and dealt with accordingto law, and StipendiaryMagistrate, wine, malt liquor, or spirituous liquorso sold or offered or exposed the packages containing the same shall l)e seized and sale, with person
a
constable, and
until
forfeited. 59.
without
of Prohibition No (1-) exceedingin quantityone quart, shall be removed rum, iiini, the same, a missary removuig permit accompanjnng given and signed by a Comexceeding in of Taxation other person authorized or or by any law now quantity
one
"
hereafter
in force to grant (2.)Every person concerned

to
be
permits
in the
for the removal
removal of any
of
rum,
rum.
([uart, without
exceeding
permit.
in
such permit accompanying the same, quantity one quart, without be guilty of an offence,and, being convicted thereof, shall be liable to a penalty not exceedingfifty dollars;and the rum so removed, togetherwith the packages containing the same, and ever}^ cart, vessel, and other conveyance, or every animal, employed in removing the shall
same,
shall be forfeited.
60,
the
person
Every Commissary
Force,
and is
of
Taxation,
who any examine
Officer has
cause
of
Customs,
to
member
of any
Powers
of
Police
constable
suspect that
in
gearchând
an-est *"
mm
carrying or
romoving
or
rum,
exceeding
quantityone
examine of such
in
quart, may
every
stop, detain, and package, cart, vessel,
such
and examine in on or person, may conveyance which such person be ; and if any Commissary of Taxation, Officer may of Customs, member of the Police that ascertains Force, or constable any in the carrying or removing any rum, or is concerned of in one carrying removing quart, exceeding rum, quantity any without having obtained a permit for such removal given and signed authorized by a Commissary of Taxation, or other person by any law of hereafter to be in force to grant permits for the removal now or such Commissaiy of Taxation, Officer of Customs, member of the rum, Police Force, or constable may seize such rum with the package containing person
or
conveyance cart, vessel,or every
and person, may under the control
regard being
^^^^^^
is
the
animals
same,
and in
may
seize
the
cart, vessel, conveyance

and
and
all
employed
removing
the
same,
may
arrest
the
person
386
No.
8.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
or removing carr^'ing
such detain
rum,
or
concerned
person until
in the he
can
of such
a
rum,
and
such
ing carryingor removbe brought before
Stipendiary Magistrateand
61.
dealt with
accordingto
law.
Persons authorized
enter to
premises
demand
and
licence.
The InspectorGenei'al of Police,any Commissary of Taxation, and of Police and Inspector sergeant of Police,and any corporal any ordinarypoliceman who has a general authorityin writing from the enter InspectorGeneral or any Inspector, any premises whatever may in which the premises, or any wine malt lie drunk to on or liquor any exposed, or kept for spirituous liquorwhatever, is sold, or is offered, and any room or sale, place thereto attached and belonging,and may demand from the person in charge of such premises, or place his room, licence such for
selling such
wine, malt
liquor,or
spirituous liquor,and,
if
does not immediatelyproduce such licence,shall place some person and of all wine, malt in charge of such premises, room or place, person
a liquor found therein,and shall make report of spirituous such and of which he have to the evidence as proceedings, may or selling, offering, exposing,or keeping for sale as aforesaid, to the nearest StipendiaryMagistrate,and any such Magistrate shall,if he
liquor,and
his
order all wine, malt liquor,and spirituousliquor in' fit, premises, room, or placeto be seized,and all such wine, malt and spirituousliquor seized shall be dealt with accordingto so
thinks of Disposal of liquor, etc.,
seized.
the
said
liquor,
the visions pro-
this Ordinance. every cask or other shall until forfeiture
62.
be at
same,
"
(1.)All liquorand
removed
package,so
or
seized shall
of the convenient
once
to, and
restoration
or some
be safe
kept in, the Colonial
Bonded
Warehouse,
or claiming place of custody elsewhere, and the owner, person such shall be the removal b efore to cause at thereof, liberty, same, liquorto 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 made of Taxation, or be by any by Commissary may any of who a sworn overseer or or by plantation, may ganger, any manager
and the
be called
in for such
owner
purpose.
and the person or claiming the same, person taken down in shall each take down to be cause or seizingthe same, writing the particularsof such examination, gauging, and testing; and during such examination, gauging, and testing,the liquorseized, and the the casks or other packages containing the same, shall remain on but in the possesor premises of the owner claiming the same, sion person of the person authorized or some by him to retain seizing, person
(2.)Such
possession of, the

be allowed
Mode seizure of of
same
Provided
that
not
more
than
six
hours
shall
for
any
such
examination, gauging, and
testing.
disputing
etc. liquor,
(I.)Every person owning any liquorso seized,and desirous of self fourteen within by himdisputingsuch seizure, shall, days thereafter, claim in niake his authorized or writing to by some ngent by him, which such the Stipendiary of the Judicial within District Magistrate other casks seizure has been and the for such or made, packages liquor
63.
"
containing the
the claim seizure person copy
on
same,
and
within shall, of the
the
Fiscal
same
time, serve
within
made
same
the been
Commissary
made,
on
District been the
of a copy the which any other

serve
a
has than
and, if the seizure
has
by
the
claim
Commissary,
such
shall also, within

is
to
time,
of the
person. be
(2.)The Commissary, if the claim thereto, and in support of opposition
resisted,shall appear
in
the seizure.
388
No.
after
such
8.]
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
claim
has shall
been
articles
made, facto ijiso
any articles so seized are and be forfeited. become
condemned,
all
Proceedings
on
claim.
iSee Ordinances No. and 1893. 12
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 lêfore jurisdiction StipendiaryMagistrates in the exercise of their summary
and
o/ 1893
appealsfrom
70.
the
decisions of
of
StipendiaryMagistrates.
any person
enter
Aô. I'i of
Power search wine
to
Any Commissary
for each
certain and malt
in
writing
Taxation, and particular case, may

and may
authorized
premises for liquor. Penalty on occupier of

certain
business
premises whatever (1.)The

than
search
store, any and malt for wine
by him shop, or liquor.
premises if
wine
or
malt
liquor is found
theron.
ever, premises whatany store, shop,or business liquor store, hotel,tavern, or retail spirit the occupier holds a shop, or a store, shop, room, or yard for which and malt liquor thei'ein, in which is found licence to sell wine any wine malt or and, being convicted thereof, liquorshall be guiltyof an offence,
71.
"
occupier of
licensed
other
shall be
so found, liquorwhatsoever shall be seized and by the Comraissame, authorized making the search, and person sar}'-of Taxation, or other removed safe of to a custody elsewhere, and shall there be place of detained until adjudication the charge to be brought against such hereinafter as provided. occvipier If (2.) such charge is decided againstthe defendant, the wine and and the packages shall,ijiso malt liquor so detained facto and without and the condemnation be if forfeited whatever, charge is decided ; any and of the defendant, such malt in favour wine liquor and packages of Provided shall be restored Taxation the to him : by Commissary if that the satisfies the charged StipendiaryMagistrate always person the charge is investigated of the Ijefore whom that the whole wine or the premises was malt liquorfound on there kept for the exclusive use the of the occupier or his servant or agents working or residing on of for monej^ of l:)eing or premises, and not for the purpose disjDosed order shall dismiss the charge and reward, the StipendiaryMagistx'ate
liable to a penalty of not and all the wine dollars, fifty the packages containingthe
less than and malt
ten
dollars and
not
ing exceed-
the
restoration
of the
wine
and
malt
liquor so
on
seized. malt
was
the
on
of proving that the wine (3.)The onus kept for the purposes aforesaid shall be charged may tender himself and person his
own
and
liquor
as a
so
found
the person
examined
charged,and
witness
be
behalf. of this section,any business member of

a
as
(4.)For the purposes a shop, store, or other occupier.

72.
"
firm
ing occupy-
premisesmay
be
proceeded against
Limitation time under for 71.
of
(1.)Every charge
within such
one
under
the
the
last
preceding section
of the wine
or
shall
be
brought
to
month
from
seizure
malt
the shall order such
liquor
proceedings
a.
which
(2.) In
in which
on
charge relates. default of its being so brought,the occupier of

wine
or
premises
be
wine
titled, en-
such
malt any of the
liquor may
Taxation
same,
have
who
been
seized
an
him malt such
to application the Commissary on to re-deliver lifjuor
StipendiaryMagistrate, to
has removed and the
from
or
packages containing it, to
occupier.
A.D.
1868.]
WIiYB, ETC.,
LICENCES.
[No.
8.
389
Privilegeof
j i
,
73. Any person dealing in wine or malt liquor l"y wholesale may keep,in any store, shop,or business premises occupiedby him, a sample not in which exceedingone qnait, of each qualityof wine or malt liquor
he deals,without ' of being guilty o ^ o
any
an
k of mult
smuples
wine
or
offence
under
section
71.
is convicted his
or
liquor. Retail
74.
in
"
(1.) If
any
holder
of
or
SpiritShop
Licence
of Exhil.iting "' ""*^":*^

.
of having
rum,
brandy,
other
spirituous liquor in
any
rum
shoi),or
a
or out-buudmgs liny premises of having there had wholesome or (luality,
connected
therewitli,not
of
a
good
certain
casis.
below strength
twenty-five per
of the Police for fourteen
are
cent,
under
to
he shall be proof,
bound
Force
and affix, the said
shall be bound
some
to suffer any member to permit to remain
days
to affixed,
conspicuous, two
shop in placards stating the

any liable licence
to
a
placewhere
of such
the
same
fact
conviction.
(Amd. 22 of 1900, s. 6.) (2.)Every holder of

are so
affixed shall be such
penaltynot
dollars if any
of the
said
a
fourteen
destroyed
75.
"
new
placard is defaced days, and placardmay be so affixed
shop any such placards exceeding twenty five ""r destroyed before the expiration if any such placardis defaced or
to
whose
instead
thereof.
of this When order is made under the provisions order of an (1.)AMien shop, such order, suspension of suspendingany licence for a retail spirit unless an made by the holder of eflect. appealagainstsuch order is previously such licence, shall take effect at the expirationof the ten days next after the day on which the order suspendingsuch licence is made, and if an of the ten days made, then at the expiration appeal is previously after the day on which the order is finallyconfirmed. next (2. ) It shall not be lawful for the holder of such licence to sell any or wine, malt liquor, liquorin the shop for which the licence spirituous has been granted while such licence is suspended. (3.)Every person who sells any wine, malt liquor,or spirituous liquorin the said shop whilst such licence is suspended shall be deemed sold the same to have without having a licence to do so, and shall Ijeliable to the penalties come imposed on every person so acting.
Ordinance
76.
Any
is in and
holder of
arrear
Retail
SpiritShop
in advance
Licence
who,
or
month,
month,
such
of the
payment
of his instalment sells in
in any one for that from sale any

to
a
Penalty on
^j^lj ^" Spji-it

shop
Licenee
who, notwithstanding such

any
not
arreai',
shop penaltyof
dollars.
liquorwhatever
less than
shall be
liable
not
for every
such
selling luiuor
j^^j^j.^f licence is in
arrear.
dollars fifty
and
exceeding five
hundred
77.
or
"
retail
(1.)Every holder of a spiritshop shall be,
licence
as
for is
he
hereby
liquor store, hotel,tavern, Liabilityof of declared to be, penally |"'^lder

ijreach of the Ordinance
liable and
ance
of this Ordinrespcmsiblefor every breach of any provision of his family, or by any member by any person employed,whether tavern, or store, hotel, temporarily permanently,in or about any liquor retail spirit or or place thereto attached shop,or in or about any room and belonging, and in the same as manner fullyas if he himself had
by
''**
J"","]^'^^;^
person in his
employ,
committed
such
breach. such such
(2.)Any employ, of any

witness for
or
member
holder
of of
the
any
family,or
such licence
any may
such
in the person be examined as a
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.]
78.
Where
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
of
Special provisions
where licence
a
by
holder incurs he is the
of
licence and
a
is made
penalty and
wliere without
charge is proceedingsshall
the provisionsof this Ordinance act to a penalty in respect of any alleging such act or omission, preferred the liable
holder
or
omission,
the
following
be lawful, that
is to say,
"
Colony.
be summons (1.)The may by law, or by leaving the

a
served
same
in
the any
manner
now
with the
can
clerk
or
servant
found
on
premisesfor
be
outer
person which
wdio
is the
permitted apparently
licence
same
is
granted,or, if no such in a conspicuous manner premises; the holder is (2.)Where
person
to
the found, by affixing door

or
the
outer
wall
of
the
without
the
Colony, his attorney Colony,

time
or
agent
time
his behalf ; and on may appear the holder is without (3.) Where of is
the
either
when
at
the
summons
as
the act or omission charged or at the served, the StipendiaryMagistrate, on of
the
being
satisfied
shall
to
the
service
to
the
summons
as
hereinbefore of the
or
authorized,
any
act to
proceed
or
investigatethe agent appears for
matter
charge,whether
not, and,
to
attorney
omission
such the
holder
if the and
or
is
proved, may the goods and

where service shall either
not
order
penalty
of the that the
be
paid
of the
be
levied upon
chattels shown
summmons
it is not of the make
order
of
in
default
by distress,but Colony to avoid the the Magistrate him personally, upon direct that the holder shall be imprisoned, or chattels sufficient goods or V)eingfound or
holder
licence holder left the issued
otherwise. Liability of representative

of holder licence certain in
cases.
79.
The
attorney
where
of
the
holder
of
any
licence
under
be
this
liable
Ordinance,
the
holder
is without this
or
the
Colony,
on
shall holder
of
to every penalty imposed by licence in respect of any act act

or
Ordinance
the
of
the
the
such said
omission,
if it is
proved
that
omission
occurred
with
the
knowledge
and
consent
of
attorney.
Persons authorized enter to
store,
ness shop, or busipremises and search for
ized authorAny Commissary of Taxation, and any person specially him for enter in each writing particular case, may by any store, for spirituous search shop, or business premises whatever, and may liquor.
80.
liquor.
ever, 81. (1.) The occupier of any store, shop,or business premiseswhatPenalty for licensed is found other than letail spiritshop, in which a rum, any or having rum the occupier of any other spirituous and store, shop, or business premises whatever, other liquor in than a licensed liquor store, hotel,tavern, or retail spirit shop,in which premises not other shall be liable to a found is whatever, spirituous liquor any licensed.
"
duly
penalty of
dollars.
not
less than
twenty
dollars
and
not
exceeding
five hundred
spirituousliquor whatever containing the same, shall be seized by the and shall be removed by the Commissary
Bonded Warehouse, elsewhere, and shall
for the
or
(2.) All
so
found, and the jâckages making the search, person

to
of Taxation and safe
the
Colonial
to
some
there be
l)o detained
penalty to
custody plaint adjudicaticmof the comhereinafter such as brought against occupier

convenient until
place of
provided. (3.)If
condemnation
such
complaint is
so
decided
liquor and
packages wliatever,be forfeited
detained
uous against the defendant, the spiritshall, i/wo facto and without any
;
and
if such
complaint
is decided
A.D.
1868.]
of the
to him
WINE,
ETC.,
LICENCES.
[No.
packages shall
of
a
8. be
391
in favour
defendant, such spirituous liquorand

of l)ythe Coinniissary Taxation.
restored
as
(4.)For the jjurposes of this section, any shop, store, or other business premises the occupier.
a
member
may te
firm occupying
proceeded against
precedingsection shall Ix; brought Iîniitatinii of to which such spirituous coiTaHin'r' liquor charge relates ; and, in default of its being so brought, the occupierof under 81. the premises in which such has been seized shall be spirituous li({uor to an on order from entitled, applicationto any StipendiaryMagistrate, him on the Commissary of Taxation who has removed such spirituous and the packages containingit to such to re-deliver the same liquor,
the
82.
Every complaint
one
under
last
within
month
from
the
seizure
of the
s.
occupier.
other spirituous or Any person dealingin rum liquorby whole- Keeping; of "^ keep, in any store, shop,or business premises occupiedby him, **'"."l'l*^s of ii(jiior. a sample, not to exceed one quart, of each kind and each (juality he deals,without spirituous liquorin which being held guilty of an
83.
sale may
offence under
section person
81. who
84.
Every
"
Penalty for
any
to (1.)By refusing
open
door
which
it is
in legally in
his power
to
etc.,
persoTi'
to
open,
or
in any
other way,
obstructs,or who
opposes,
ance,
ance r"v
and
impedes,any having authorityin writing under this Ordinany person his authority, to enter exhil)iting any premises,and there
or
hinders, or
an}^ way officer authorized by this Ordin-
molests,
authorized
geiirch^"^
premises.
to
search,
otherwise
to
ascertain
whether
;
or
there
has
been
any
breach
thrown
of any
part of this Ordinance

throws
or
(2.)Removes,
away,
in liquor,
order
to be removed, or or causes destroys, away, destroyed,any wine, malt liquor,or spirituous search for or seizure of to prevent or impede any
the shall
more
same,
be than
liable to
penalty of
dollars.
not
less than
twenty dollars
and
not
five hundred
any
85.
under
tion
or
In this
or charge,complaint,
information
which
to
may
be
brought
excepor
Rule
as
to
Ordinance, it proviso that there

but against, such with
shall may
onus
not
be necessary
of
negativeany
defendant
"egatiym^'
be in favour
of
or
the
proceeded
shall rest
the
proving
such
exception or
this
an
party proviso
defendant
party.
the who, under person liable to any penalty shall be shall be convicted thereof ; and in every
86.
Every
becomes
held
provisionsof guiltyof
under intended of
Ordinance, Description oft'eiicein offence,and of conviction.

is
conviction
this Ordinance
to
it shall be sufficient
that the offence therein

so as
be set forth
ordinary person of any technical is meant, and offence no description shall be necessary under in any conviction this Ordinance. plainlanguage,
to
a
stated in
of
inform
gence intelli-
what
87.
been
"
(1.)Every
under
holder of
this
to
Retail
Shop Spirit
may,
on
Licence
a
who third
has twice
of Lialiility
."^
convicted
Ordinance,
any fine
or
conviction
adjudged,in
addition
penalty awarded
time, be againsthim, to
i\",l*?*^[^
ghop Licence,
""
forfeit his licence.
tliii'dwn-
(2.)In every case in addition Magistrate,
of forfeiture under this section, the Stipendiary f,'rfg"t"'j. awarded the defendant, licence. to the conviction against
392
No.
8.]
a
THE
LA
WS
OF
BRITISH
GUIANA
his hand
[A.D.
the the Form
1868.
No.
Schedule Form No.
shall, by
17.
under separate adjudication

in
to
and
in
17
contained
defendant defendant
the
Schedule
the for
to
this
Ordinance,
theretofore District of
declare such held within
licence
of
the
the
be forfeited, and,
the
to
immediately on
shall deliver of Taxation of

to
licence
adjudication, b}'him to the

which for it has every
Commissary
been
Fiscal
a same.
used, on
that he
pain
fails
so
liability
deliver the
on
penalty
dollars fifty
day
to
(3.) Every Commissary,

him,
same.
any
to
forfeited licence the

Excise
being delivered
shall cancel
shall
deliver
such from
to
accrue
the
same
Board, who
the
(4.) No
or
or
forfeiture their
or
cancelment
shall exonerate
the defendant then
his sureties thereafter
to liability
due,
and shall
pay up in respect of such which
all instalments licence. any person may
due,
Procediu'e
and
88. under
"
(1.)All
this and
to
fines
to penalties
be liable
appeal.
Ordinance
and covered, refor, prosecuted, realized, under this Ordinance, in respect of forfeitures all proceedings be
sued
effect which
any
on, in
proceedings may
a
be
necessary,
shall
be
prosecuted and carried of Taxation, before any
summary
manner,
by
any
Commissary
SreOi'dinayires
No. and 1893. 12 No.
0/1893 13 q/"
StipendiaryMagistrate. in respect (2.)Every conviction, order, or adjudication whatever the be forfeiture shall of anj?^ such fine,penalty, forms, or according to and the rules of proprovided in this Ordinance,) cedure, (except as specially ances and subjt^ct to any providedby an}^ Ordinappeal,respectively for the time diary being in force regulating procedurebef(jre Stipenand jurisdiction Magistrates in the exercise of their summary decisions of from the StipendiaryMagistrates. ajDjêals and (3.)Every StipendiaryMagistrateshall have full jurisdiction of such the in and fine, case t ) hear, determine, adjudicate any power value thereof : be the amount whatever or or forfeiture, penalty, may Provided that no or proceedingfor or in respect of an}^ fine, prosecution of two the sum value forfeitui-e or or exceeding in amount penalty, the without be dollars shall carried and hundred on previous forty authorityin writingof the Attorney General,
89.
other AH than articles forfeited under the of provisions this
Sale
of forfeited article.
Ordinance
49, shall be put up to public and sold by him for cash to of the Taxation, competition by Commissary and the highestbidder, than fourteen not sooner days after the forfeiture,
articles forfeited under section
after not
Gazette
less than and

at
ten
one
least
forfeited under
Deduction from
of
section
sale in T/te Official of such days'advertisement the in Colony. Articles published newspaper 49 shall be destroyed,(Amd. 28 of 1902, s. 5.) whose hands and
to
90.
g
"
(1.)The
or
ofticer into forfeiture pay

over
the
i t-"
gross
"
amount
proceeds
hnc, etc., for

Fund.
penalty,
in
recovered
the
same
realized under
the Keceiver
a sum
/-i
this
(jeneral
of any Ordinance
i
the Revenue Defence
come may Assistant
shaJl
or
the
Receiver Fund.
General, who
sliall enter the
shall
same
deduct
to
equal
of
to ten
'no4
'oflnm'^
cent,
thereof,and
the
credit
the
per Revenue
Defence
(2.)There
expenses Recovery
money the of
on
shall
also be
deducted
from
such
amount
all costs
and
whatever.
The Receiver
to
91.
General
or
or
the
Assistant
Receiver
General
shall
due
},e entitled
parate
may
Ordinance.
*".^' '"^'"d given under Solicitor Crown
execution, againstall the parties to summary the for which this Ordinance, for any sum sunnnation issue the instruct Registi-arto
A.D.
1868.]
bond
; and
]VIX",
such
FTC,
LICENCES.
[No. against all,or

it shall any
not
one
8.
393
on
such
execution
to
two, of such
to
parties ; and
give
any
oV)tain
may such
be
or cessary ne-
execution, of the
in whole
he
proof of
may be
the
signingor
of validity in
the bond.
and
92.
such
The
terms
Governor
as
remit, either
or
part,
on
Power remit
to
may
deemed
fit, any
fine,penalty, forfeiture,or
costs
tiue,etc.
whatever
incurred
All
under
this Ordinance. this Ordinance

Justices shall
93.
be
persons
to
entitled
the
acting under the provisionsof protection afforded by the
Protection person under
of
Protection
acting
the
Ordinance, 1850.
94.
this
"
Ordinance. No. 2 of 1850.
(1.) No
any
action, suit, or
in such
prosecutionwhatever
detention
or
shall seizure
be
made
brought
under
to Liability
against
person when Ordinance
I'espect of any
detention
or
or
diiniafêsand
costs
seizure
has
been
followed
])y making,'
under
of person seizure the
forfeiture of the articles
seized
any
or
portion
of them. is made
(2.) When
any
action, suit,
in which has
not
prosecution whatever
detention
followed
or
brought
under
Ordinance.
against any person this Ordinance, and

of
or
respect of any
seizure
been
by
forfeiture
the articles
which
was
detained
such
or seized, if the Judge or Court action, suit, or prosecution is tried is of opinion that
of any before whom
there shall than
reasonal^le
be liable
ground
to
for such the
detention
or
seizure,the defendant
action shall
or
not
pay
to
to
nor
in plaintiff
costs
a
such
suit he in
more
four
cents
damages,
more
prosecution be liable
95.
"
any than
of
suit, nor
such
fine of
twenty- five
Schedule
be
to
cents.
(1.) The
and when
Forms
contained
in
the
this Ordinance and
Power
to
vaiy
may, suit the
as
it may be found necessary, of any circumstances case. particular Excise
varied
adapted
to
i'onus.
Schedule.
t-tc.
(2.) The
Court make of
new
Policy,at
forms such
may, time vary any to be used for forms
Board
with
or
the alter
sanction any
of the
Governor
and may vided pro-
of such of this
the
that
new
shall
purposes not be used
Forms, and Ordinance,
until
they
have
been
of Policy, in and Court published, as sanctioned by the Governor of of one three publicationsof The Gazette and Olficiid newspaper the Colony. No. 1, No. 7, No. 13, No. 14, and No. 15 (3.)Any of the Forms from altered be time time to by the Comptroller of Customs, may Court of Policy, and such with the apj)rovalof the and Governor altered Gazette,shall have the forms, when published in The Official to if they were force and effect as same incorporatedin the Schedule this Ordinance.
96.
be
Commissaries
of Taxation
and
members
of the
Police
Force
shall
Disqualifi-
incapableof holding any

97.
licence
mentioned
shall force
rum
in this Ordinance.
cation of Comnrissary,etc., from holding

licence.
Nothing
for
or
in the
to
this time
Ordinance
affect
the
provisionsof
the distillation any
Ordinance sale of rum,

or
being
in
relating to
that may
as
any and
the quantity of
be
kept by
Saving of provisions of
Orduiance
to
the
regulationsfor keeping
the
same,
provided by
any
person such
relating to
distillation sale of rum, etc. Sec 1905. No. 1 and
Ordinance.
of
394
No.
8.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 186$.
SCHEDULE.
FORMS.
Section 17. Permission
to the
Form Holder
No.
1. Licence
to sell mute
of
Retail
SpiritShop
than
One
Quart of Rnm.
the holder
to sell of
British
Guiana. is
Permission
hereby granted
situated shop"
to
to at
Retail
to convey
Spirit
Rum
Shop
to
Licence
for the and
gallons of
hours
permission is hereby granted to

rum
the
said of the Dated this
gallons of
within
1 1
from
o'clock
day
of
day of
(Signed.)
Commissary of
Taxation.
Section
20.
Form
No.
2.
Application for
British
To
liquor Store Licence.
Guiana. the
Secretaryof the
or
Excise
Board.
trade I, A. B., [state the than Excise Board in for
at now residing occupation']
in the
a
County of Liquor Store
Licence
Rum,
situated and me, I intend to keep a Dated this
quantities not less than at \Jieredescribe the Licensed Liquor Store.
to hereby make application Spirituous Liquors, other two gallons, in the premises occupied by where premises as accaratclyas possible'] to
sell
day
of
(Signed.)
A. B.
Section
20.
Form
No.
or
3. Tavern
Applicationfor
British
To
an
Motel
Licence.
Guiana.
the
Secretaryof
or
the
Excise
Board.
at residing to the hereby make application County of Excise Board for an Liquors, Hotel [or a Tavern] Licence to sell Wine, Malt the premises occupied and all SpirituousLiquors, except Rum, to be drunk on where by me, and situated at [heredescribe the premises as accuratelyas jjossible] I intend to keep an Hotel [ora Tavern].
trade I, A. B., \_state
occupation]now
in the
Dated
this
day
of
1
.
(Signed.)
A.B.
Section 2.3.
Form
No.
4. Licence.
Liquor Store
British Guiana. No.
(Date)
A (he to Icctpfrom 1 dny of of the at Store in County Ivicjiior application] in locality as [ilescribe for the purpose of selling in such Liquor Store Spirituous Liquors, Store Fiiciiior day of
Ijicencc is
hereby granted to
1 to the
,
"
396
No.
w/iich
8.]
he stated
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1868.
to
himself to
Lord
the
he
icell
Our
t)i
yovereign addition).
the pay
King
this
iu the Bond
to be hound acquainted)acknowledged himself of (estimatedamount of dutijand " sum
B. said A. shall regularly and in respect of any payable thereunder licence that may be issued to him continuously hereafter from year to year to keep a Retail of money due and payable Spirit Shop on the said j remises and any other sums vmder duties in respect of the of any taxes imposing the payment or any (Ordinance sale of ruin in full force then this Bond to remain to be void, otherwise by retail, and effect, notwithstanding any forfeiture or suspension of any such licence under the provisions of the law, or any to neglect of the said A. B. after application made take out, or the abandonment of, any such licence.
Now
condition the
of
is that
if the
punctually
sums
of money
due
and
Signed before
me
on
the
day
and
year
first above
written.
Section
28.
Form British Guiaxa.
No.
(*).
County
Be it known that
of this
on
day
,
the thousand nine hundred and
day
of
One before
me District)appeared A. B. of [name of Stipendiary Mayistrate and Judicial and cullingor [placeof residence and callingor occupatioii), CD., of [place of residence who stated that and calling or occupation), occupation)and E. F., of [place of residence the said A. B about to take out a Retail Spirit Shop Licence to keep a Retail was and in Spirit Shop at [describethe house or premises as in applicationfor licence), with the of the granting of a certificate to the said A. B. in accordance consideration him such to enable to obtain licence, each of the appearers provisions of the Law divisionis excussionis under et renunciation of the exceptions ordinis seu [with the meaning of irhich he stated himself to be ivell acquainted)acknowledged himself to be in the bound of [estimated amount the King to Our of duty sum Sovereign Lord and in addition) ^ Now the condition of this Bond is tliat if the said A. B. shall regularly and in respect of the due and the sums of money j.ayable thereunder punctually pay and due said licence other and of money payable under sums any Ordinance any in respect of the sale of rum Duties by retail, or imposing the payment of Taxes not-wilhthen this be in full force and effect, Bond to remain io void, otherwise under the provisionsof standing any forfeiture or suspension of the said Licence the abandonment of, Law, or any neglect of the said A. B. to take out, or any
the
said
Licence. before
me on
Signed
the
day
and
year
first above
written.
Section
29.
Foiî
to obtain Certificate
a
No.
8.
lictail
Spirit Shop Licence.
British
Guiana. of
County
with
coinpli I, [name of Stipendiary Magistrate]hereby certifythat A. B., having complied tain the provisions of the Wine, etc.. Licences Ordinance, 1868, is entitleil to obts
tilt! Receiver
from Retail
(4encral
[or the
to
Assistant
a
Receiver
General]
or premises Spirit Shop in the house of the said situated at [describe subject to the provisions locality as in application] gallons Ordinance, and to take out of bond under such licence
Spirit Shop
Licence,
keep
Retail
of
rum.
Dated
this
day
of
(Signed.)
A.D.
1868.]
WINE,
FTC,
Form
LICENCES.
[No. 8.
Section 29.
397
No.
9.
Retail British No. Gii.\na.
SpiritShop
Liceiicr.
(Date.)
Class Retail SpiritShop Licence, at the yearly rate of assessed dollars, of gallons of rum, is herebygranted to respiict thi; 1 to keep from to the day of day of 1 a Retail Spirit Sliup in the house or premises situated at in certificate'] for the purpose of sellingin such Retail Spirit Shop as locality [describe Wine, Malt Liquors, and all Spirituous Licpiorswhatever, subject to the provisions
A in
, ,
of the Law.
(Signed.)
lieceircr
General
[orAssistant
Form Xoticc British Giiaxa.
To
Receiver
General].
No.
10.
,,
section
^.
"^
32.
of Applicatiunfur Transfer of Retail Spirit Shop from one Place to another.

Y.
Licence
Z., Commissary of
No. for
Taxation.
I, A.
at
B., holder
of the
Licence
in
the
Retail
Spirit Shop
situated
application for the transfer of Licence'] hereby make Licence the house to such or premises thereto appertaining, situated at [here describe the p7-emiscs ai accurately as possible] subject to the provisi(ms,rules,and
locality as [describe
regulations of the Wine, etc., Licences Ordinance, 1868 I shall offer as with the sureties, in accordance my and E. F., of Ordinance, are C. B., of
Dated this
and
the
persons
whom the said
provisions of
day
of
(Signed.)
A. 'S.H."This
notice and
B.
copies of
it iiiiist be serrcd
and
asin affi.r.ed
case
of an
tion applica-
for
new
Licence.
Form
Notice
No.
11.
.
Section
33.
of Applicationfor Transfer of Retail SpiritShop Licence from one Person to another.
British To Y.
Guiana.
Z., Commissary of Taxation.
for the Retail Spirit Shop situated I, A. B., holder of the Licence No. at of application for the transfer localityas in Licence]hereby make [describe such Licence to C. D., residing at in the County of to the provisions,rules, and regulations of the subject Wine, etc.,Licences Ordinance, 1868 ; and I, the said C. D., joinin this application, I offer as and sureties for me, in accordance with the provisions of the said G. H., of Ordinance, H. F., of and Dated this
day
of
(Signed.)
A.B.
N.B.
"
This
notice
must
he served
opplicationforthe
renewal
of a
in dtiplicafc on Licence.
the
Commissary
as
in
the
case
of
ati
Form
No.
12.
Section
41.
SpecialPennit.
British Guiana.
Special permission is, with the sanction of the Excise Board, hereby granted, the under of Wine, etc., Licences Ordinance, 1868, to engaged in [or carrying on the manufacture, or trade, or business of in the County of from to remove ] at to the said business premises, for the purpose of being there exclusively
398
No.
8.]
in not
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
mode
1868.
used iind
the
bona
fide
and
the
i^reparation
there
to
of
\or dealing
and
use are as
with, describing
for
:
"
the
otherwise, liquor,
keep
exclusively
follows
the
purpose
of dcaliny'\ aforesaid,
spirituous
2"articulars whei'eof
Dated
this
day
of
,1
(Si^-ned.)
Comptroller.
Section
Ifi, Booh
Form
No.
13.
showing
the
Quantity
Retail
of
Rum
received
into
the
Licensed
Spirit
Shop
at
Form
Sc('ti"in -iri.
No.
14.
Rook
showing
the
Quantity
into the
of
Spirituous
Retail
Liquors, Spirit
other
than
at
Rain,
received
Licensed
Shop
When received.
From
whom
From Place
what received.
Mark Brand.
or
Kind
of
StrenfTth.
l)iirchased.
Spirit.
A.D.
1868.]
COCOANUT
RUM.
No.
[No.
9.
Section
399
Form British Gtiaxa.
15.
48.
Licensed Retail SpiritDealer, \_or Agent for that the Spirit Dealer] liertliydecLne I am which (h-sirons of payini;'duty in for the excdusivc; purpose now retailed by me, than of not more one \_urhim] in (luantities quart, situate his] Licensed Retail Spirit SIkjj),
I,
Lieensed
Retail
Ruin, on of heing
in my
\j"r
Dated
this
dav
of
,
(Signed.)
Declarant. Form
Order BuiTisH
No.
16.
Section
OO.
of Condemnation.
Guiana. of that the said

on
County
Be
it remembered
in
the
day
of
1
,
at
to wit, [_deiicrihc all the Colony, the followingarticles, articles seized'] were duly seized on certain premises said to be in the occupation of one that has and claime(! of occupier of pretiiiins] \_ii"nnr of r/aifiiaiit] l^^naiiie cdaim has been the said arti( les,and that such this day adjudicated on by me, and 1 have that the articles condemned] condcmTicd, as I do hereby condemn, [speeifi/ I hereby and adjudge [name of claimant] to pay to [tunne of Commissary of Taxation also and trho be a defendant, of any other seizing officer if he has may the sum of for costs in this behalf, and if the said sum ])e costs] any not 1 paid forthwith [or on or before the day of ], T adjudge the same to be levied by distress and sale of the goods and chattels of in of suiiicient distress that [name of claimant],and, in default behalf, 1 adjudge [naineof 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 this
presents.
Dated
day
of
(Signed.)
Form No. 17. Sestion
87.
Adjudication of Forfeitureof Retail Spirit Shop Licence.

British Guiana. of A.
County
Whereas No.
(IS
B.,
up
to
this
to
in
authorizing him Licence]has this day

the that
date, holder of keeji a Retail

convicted
1868
the
Retail and
Spirit Shop
in
me
Licence,
offence
shown
Spirit Shop
before
; and
premises [describe
of
an
been been virtue said
by
under
to
me
Wine,
the
etc.,Licences
said A.
; now,
Ordinance,
of the
whereas
it lias been of offences
B.
has
heretofore Licence
1 to
twice be
convicted forfeited.
under
I do
the
said
Ordinance
by day
provisions of the said Ordinance,
hereby adjudge and

Dated this
declare
the of
(Signed.)
ORDINANCE
An
No. make certain
OF
1868.
a.d.isgs.
Ordinance
the Sale
of
to
provisionsrelating to
the
or
Cocoanut
Rum
of ao. 13 o/ 1894, by the Name Li(|uor known Cocoanut porated!'*' Toddy. [1stJanuary, 1869.]
of of British
it enacted and
consent
by
the Governor
Guiana,
with
the
:
"
advice
of the Court may be
PoHcy thereof,as
as
follows Rum
1. This 1868.
Ordinance
cited
the
Cocoanut
Ordinance,
Short
title.
400
No.
9.]
THE
LAW^
OF
BRITISH
GUIANA:
[A.D.
Rum
or
1868.
Interpretation
of term.
2. The
liquor known
not
"
by
the
a
name
of
Cocoanut
Cocoanut
Toddy
of the
shall
term
be
considered
spirituousliquor within
any in
term
the
mean
or spirituousliquor,"
intended
or
to
meaning uous spirit"
in liquor,"
any
Ordinance
now
force
hereafter
to
be
in
force.
Penalty
on
3.^
"
(1.)Every
selling, person L'tc, CoL'oaunt without Hum

licence.
of liquor known by the name Cocoanut Rum Cocoanut or Toddy, without having a licence to sell the shall be guiltyof an same offence,and being convicted thereof,shall be liable to a pennlty not dollars, and, in default exceeding forty-eight such and of the of payment of costs incurred, to imprisonment, penalty hard with or without not labour, for any term exceeding three
l)arters,or
who sells, or person otherwise disposes of, tlie
offers
for
sale,
or
exchanges,
months.
(2.)Any
for licence
Procedure and
such Fiscal
licence District
may in
be
granted by
which the
the
Commissary applying person

for any
the
of Taxation for such
resides.
4.
under
"
(1.)Any
this
male
person
of
full
age
may
prosecute
offence
appeal.
Ordinance.
SeeOrdi)ia"res No. and 1893.
l-2o;l,sy3 No. 13 of
mined (2.)Every charge for any such offence shall be heard and deterby a Stipendiary Magistrate,and all proceedingsin respect of such charge shall be according to the provisionsof, and shall be any for the time being in subject to the appeal provided by, any Ordinances force regulating procedure before cise StipendiaryMagistratesin the exerof their summary the decisions of jurisdictionand appeals from StipendiaryMagist rates.
amount
a sum
Dedirction from the
of tine, etc., for Reveiuxe Fund. Defence See No.
the 5. From jjroceeds this Ordinance and shall be
of
every
to
penalty
per General
t") the cent
realized thereof
or
and
recovered
be
under
equal
to
ten
shall
deducted,
Receiver
paid
the
Receiver the
same
the of the
Assistant Revenue
General, who
Fund. 6.
shall
shall enter
credit
Defence
Ordinance
4
0/1868.
of
Protection person under No. the
Every
be
person
to
acting;
entitled
1850.
the acting under provisions of tliis the protection afforded by the Justices
Ordinance Protection
Ordinance
2 of 1850.
Ordinance,
ORDINANCE
to
No.
32
OF
1868.
A.D.
1868.
An
Ordinance of and
provide
Loan,
the
for
the
raising and
of
the
payment re-
for
the
purpose
Widening
Deepening
Laniaha
Canal.
WHEREAS
of British of the One thousand
:
"
at a meeting of the Honourable the with the Financial Guiana, combined
Court
of
Policy
Representatives
Inhabitants
thereof, held
and
on
the
fifteenth
day
was
of
September,
resolved
as
Eiglit liuiuh-od
the
Sixty eight, it
submitted
13 of
follows
"
That
Court
was 8.
approves
5.
of the scheme
No.
for the purpose

s.
'
This
Ordinance No.
repealiHlIjy Ordinance
181M,
2, and
revived
by
Ordinance
12 of 1896
A.D.
"
1868.J
widening
and
LAM
AH
CANAL
Lamaha
LOAN.
and
[No.
authorizes
32.
the
401
")f
and
deepening
of
at
the
to
Canal,
not
"
Governor
Court
Policy
cent,
issue Bonds per

annum,
"
hearing
after
interest
six per
and
exceeding^30,000, in fifteen repaya])le

tlie third such in the loan year with
"
annual ecjual issue

to
instalments of the
falling due
the
manner
"
iirst bond, and in the and

"
annually from repayment of

set
"
interest,
Lamaha
be
the
secured
forth
the
petition
of
"
presentedby
Fresh
President
Canal
Members and whereas
of
Committee been
the
"
Water
it had
in theretofore,
Resolution referred to, proposed that the in the foregoing petition fourth should be repaid, Dollars one of Thirty Thousand said sum by fourths three the and that and Town the JNlayor remaining Council, Water Canal of the said Fresh should be assessed by the Connnittee Plantations Estates various the and should be or repaid by, on, the
cojicerned
hereinafter
and
whereas
the
said
several
Assessment
Estates f)f the
or
Plantations said
as
enumerated, have, by
liable in the
Committee,
been
made
several and
whereas the
assigned to
them, and
the
it is
proportionshereinafter respective to give effect by now necessary

repayment of
of British
as
to legislation
plan for
enacted
raisingand
the
Court
the
said Loan
Be
it therefore
by
Governor of
Guiana,
follows
:
"
with
the advice and 1.

The
consent
of the
Receiver in
Policy thereof,
and
on
Colonial
General, for
manner sum
behalf
of
the
Loan
not
Colony securityhereinafter
Dollars the Fresh borrow widen the and of provisions Water and and
shall raise
by Loan,
and
and
not
provided,a
tliis
shall lend
advance
to
the
and on the following, Thousand exceeding Tliirty to when raised, suljject same form
exceeding
thirtythous; lul
dollars authorized.
Ordinance,
are
the
Committee
and
of
the
Lamaha
to
Canal,
receive the
who
hereby
for Fresh
the
authorized
empowered
the
same,
deepen
above
Lamaha
to of enabling them purpose with in accordance Water Canal
scheme
mentioned.
Receiver
2. The
shall issue circumstances Governor
Colonial
Bonds will in
the
form each
General, for and on annexed hereto,
behalf of the
or
as
Colony,
as
as
Bonds
may
he ''''^
near
thereto
sum
^^^^Îj^lj^
schedule.
admit,
payable to
an
bearer
not
for
such
the
Thirty
the
rate
and to shall approve, Thousand Dollars, a.nd
exceeding in the whole at bearing interest payable half-yearly

amount ;
of six per centum
shall
be
pajâblein
the
per fifteen
annum
and
the amount
instalments
of which
Bonds
due
ecjualannual
falling
annually from
third year after issue of the first Bond.

not
(ordinance l)e
3. All the Colonial Revenues alreadyin force, shall be

for
pledged
the
payment
of the
appropriatedby any Securityfor specially and are held, hereby declared, to ,"i'a" revenues. to become and Principal Interest
due
in respect of the said
Bonds.
under this Ordinance may
to
issued any Bond be defaced, the Colonial Receiver
4. In
case
shall
a
by
Bond
accident
to the
Defaced
Bonds
General
issue be Bond
new
"gpijjf.gjj.
bearer, and
may
cause
the
defaced
Bond
cancelled, and
shall bear
same
every
same
and the new Bond cancelled shall be filed, so and number, date, anfl principal sum, carry
tlie
the
interest, and
be
subjectto
5
any
the
same
rules
as
the
OriginalBond. proof to his satisfaction that by accident been lost or

Lost bonds may
^^
'
The
Colonial issued
Receiver
on Genei-al,
Bond
under
this Ordinance
has
paidôff'û
402
No.
on
32.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D. 1868.
if the upon number
ovei'due, given.
destroyedbefore
and
amount
the
such
same
shall have Bond shall
be be
paid off, may,
securitybeing
of
ascertained, and
being
furnished which Bond when with
securityfor indemnifying the Colony for any loss to it may time be subjectedby reason at any thereof,issue a new if any with the lost Bond, or Bond, or destroyed corresponding lost or destroyed shall be overdue, rr ay, on being furnished so
with due
as aforesaid, cause security discharged.
such
the
money
due
thereupon
to
be
paid
Applicationof
loan.
off and
6.
advanced Lamaha
The
moneys Water the
to be
raised
under
this Ordinance
to
shall be lent and Committee
the l:)y Fresh
Colonial
Receiver
General
the
of the
amounts
Canal, for
Governor
amount
Provision
for of
as respectively
shall
the purposes from time of said loan
in such aforesaid,
to
time be the
be
repayment
loan.
direct,and
Colonial interest
at
the
whole
shall of from
Receiver the
manner
rate
on General, aforesaid, in nineteen
for
and
behalf
years
pleased to repaid to the Colony, with

date of the years, half-
the
advance, counting
in
that following, of the
from the
the date
whole
say, during first advance, interest

is to
;
the
first four
shall be
paid
yearlyon
year, and
amount
advanced
and
at
the
such
end
of the
fourth
of each
year
thereafter, counting
to
from
date, one
of the
fifteenth
year,
part of the principalshall be paid ; and

interest sliall continue the be
after
the end
fourth
date,
on
amount principal
counting from the same paid half-yearly, at each date of payment remaining due.
eorgetown
and the
following
of the
instalment ly each shall fall due, in
Thousandths. iThirty
30,000^
I'referent lien of the Colony.
8. The
shall have
Colonial
a
Taxes,
of the
liens existing
Receiver General, for and on belialf of the Colony, and Rates th(" property, Revenues, lieii, prefc^rent up(m Council of Georgetown, subject to any Mayor and Town thereon in favour of the Colony, for the payment of the
404
No.
32.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1868.
SCHEDULE.
Ordinance Section Receiver behalf issue annexed thereto
as
No.
2""
32 of 1868.
.^SS^
BEITISH Lamaha
^
GUIANA. Loan
,.
The
Colonial
on
^^
^g^;^
General, for and

of the Colony
in the
or as
shall form
near
Bonds
'^^ t^"^
(t^s^
Bond.
-yr
Issued
under
Ordinance No.
ô.
oo
32
* of
io^q
1868.
hereto,
each for such
circiimstances
will
to
admit,
bearer
to
payable
sum as
the and
^#
Governor
an
shall approve,
not
^^M
amount
exceeding
Thou-
^Sf.
#,^
#^'# ^r^.
in the sand
"+ at tViP the
whole
Thirty and
Colony of British J^^^^ hereby acknowledge to owe S*^^^^^' ^^/^^'^.^J
Colonia Jê^^ ^he
mi.
"
x. Eeceiyer
"
r^ General
t for
andj
on
Guiana
does *"^
"^l
""
Dollars;
vaW rate
"bearing ^^^,
interest
payable half-yearly
of
"iv centum six r,prPPTifn,Ti
^^^^ ^^1;^ Interest
têfy'^^^t
^ ^ at
of which
, at
^, the
"if f rate of
^^
.
^^^^
six
iêr
per annum; of which
and the amount Bonds

in
"
payable half-yearly,at
per the
^ centum
same
per annum, place, on the
shall
be-::'
^f?T,^
payable
^
"
fifteen
1
equal t".","V
^^s^
^^^^ce^î^^/î "* 'f ^^ the

01
",
^^"
^^^^^
j ^.r,
annual
1 due year
n annually
4!"ii;"" 4." instalments, tailing -QS^d^ ii.i,ji.f/-ii-ir" attached Colonial +v"-"3 'cîyw?S" : the -P +V. thu-d
i.
respective
""it T ^^^^^ surrender ^"^'i' l^^^ Interest warrants hereto

"
t,
Kevenues
"
"
irom
"
the
are
c of
pledged
r\ iOrdinance
iij
as
firJtBond"
Section
3
"
"
after
the
issue
of the
mP-.^
security, under
^"^-
the the
provisions
^1^
32,
of
to
year
1868,
intituled
"An
AU not
onial Revenues
provide for the raising and the the Col^c^^g^ repayment of a Loan, for the purpose of widen''^ specially Canal." ing and deepening the Lamaha |g|"^^
Public
^t^g%" Ordinance
ance
by any Ordin- ^-ik-^ api^ropriated alreadyin force, shall r.rtU,^ Given under my hand, at the Guiana be Georgetown, Demerai7, this held, and are hereby ^csfc"^ Buildings, declared, to be pledged for the payment of the Interest
and due
day
S^th^
of
18
.
Principal
in
to
beconi''
"'^'.";'^*
^!ii'"2s Recorded
Colonial
Receiver
General.
respect of the said
Bonds."
'TM^t
'
Colonial COUPONS.
Book-keeper.
Issued Lamaha The

on
under
.
Ordinance
No.
32
of 1868. "Warrant the bearer No.
Loan Colonial
Bond
No. General the Bond
Interest of British
18
Receiver
Guiana
at
will pay
the
day
of
on
being
Colonial Receiver General.
one
Interest half-year's
No.
ORDINANCE
A.D.
-^^
No.
OF
1869.
1869.
An
Ordinance of Public
for
raising a
loan
for the
construction
Works.
[28th July, 1869.]
WHEREAS the
on
at the
Annual of
28th
day
Meeting of the Combined May, 1869, resolved by the
said
Coui't it was, Court as
follows
"
"
1.
That, in the opinion of this Court, the funds

works of
a
permanent
character
should
be
on
requiredfor public provided,during a

the
limited term
Colonial
"
of years, Revenues.
by
means
of
shall
Loan
sutHce
security of
the
2. That
votes
a
so
long
as
such
Loan
for
the shall
requiredfor the
Works
aforesaid
Estimate
public works
to
the purpose, be placed on
separate Public
be
annually framed
and
A.D.
1869.]
submitted, and
to
rUBLIC
that
WORKS
LOAN.
such Works Loan shall be
[No.
1.
405
no
portion of
to the
the service of
of tiie Public
Dejjartment
priated approwithout
the sanction been

"
this Court
objectintended special
Policy be
not
having
to
cause
first ol)tained. the Governor

to
3. That
and
to
an
Court
amount
of
authorized the
bonds hundred the

cent,
be issued thousand
and
exceedingin
whole five
of
at
Colony,
dollars, charged upon the redeemable, with interest
Pul)lic thereon the date
Revenues six
"4.
That
rate
in twenty-five per annum, years from for the redemption of such bonds, a of three
"
per of issue.
per
cent,
shall
be
Sinking provided for on

of British
Fund
the
at
the
Annual
Estimates Be it therefore
enacted
by
the
Governor of
Guiana,
follows
:
"
with
the
advice and 1
.
consent
of the
Court
as Policythereof,
This
Ordinance
may
be cited
as
the
Public
Works
Loan
Ordin-
Short
title.
ance,
1869.
shall be lawful ard for the
2. It
Governor,
for
and
on
behalf
of the
time
to
Authorization
of loan not
Colony
time and
to borrow
as sums
raise may
occasion of money
by upon tioned, require,on the securityhereinafter menfive hundred not exceeding in the whole
Loan
public tender,from
exceeding $500,000.
thousand
the
same
Loan suffice for the purdollars ; and, so long as such may pose, shall be applied to defraying the cost of such of the
Court in each year publicworks of the Colony as the Combined may decide on providingfor by loan aforesaid : Provided as always that of money the sums requiredfor such of the said publicworks as may be intended to be defrayed from shall be placed on the said Loan a separate Public Works Estimate, which shall be annually framed and the said Court : Provided, further, that submitted to 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. for the

as
3. (1.)It shall be lawful Colony, from time to time and

to
or
Governor, for and

may Schedule
to
on
behalf of the
cause
Issue
of bonds
occasion in the
to require,
bonds
for amomits
be issued
as
in the
Form
contained
this
Ordinance, Schedule.
required.
thereto as circumstances will admit, signed by the Government and the Receiver General for the time Secretary being. of four hundred (2.)Each of such bonds shall be either for the sum and and of two dollars, eighty dollars,or of nine hundred or sixty four hundred thousand dollars,or of four thousand eight hundred dollars, payable to bearer at the expirationof twenty-five years after date, and bearinginterest at the rate of six per cent, per annum, to be paid half-yearly.
near
4. In order
of which
shall be established
provide for the redemption of the said Loan, there a Sinking Fund, as a provisionfor the formation there shall be set apart from the Colonial Revenues, during
to
sum
Establishment of for
Sinking Fimd redemption
of Loan.
the like
to
a period,
equal to
the
three
amount
per
cent,
the aforesaid
interest,on
of the
per annum, bonds from
in addition time
to
time
issued
under
this Ordinance. of this
5. During the continuance

not
Ordinance,
all the Colonial
nues Reve-
for Security
appropriated specially by any Ordinance alreadyin force shall payment of interest and be held to be pledged for the paj^ment of the intei'est and principalprincipal. becoming due in respect of the bonds issued under this Ordinance.
VOL. I.
27a
406
No.
1.]
6.
"
THE
LAWS
OF
BRIT
IS IT
GUIANA:
[A.D.
is
1869.
llepliicemeiit
of defaced bond.
(1.) In
and
case
defaced, it
made
shall be
issued under any bond lawful for the Governor

to
this Ordinance
to
cause
by
accident
to to
cause
new
bond bond
be
be
delivered
the bearer, and

shall bear interest
to
the defaced
cancelled.
(2.) The
sum, the Replacement
of lost
or
new
bond
the
same
the
and
same
number, date,and
principal
rules, as
and
carry
be
subjectto
the
same
bond. original
7. The
under
same are
Governor,
been
on
this Ordinance has
has
destroyed liond,
01 payment thereof, if
proof to his by accident

if the
satisfaction been lost and

or
that any
amount to
bond
of such
issued
the
destroyedbefore
his satisfaction
to
paid ofp,may,
and
on
number
for
bond
for
ascertained
due
being given security

Government
overdue.
indemnifying the
Government may
any issue a new thereof, by reason any time be subjected in all with bond lost the bond, corresponding or so destroyed ; respects bond when lost or destroyedis overdue, the Governor so or, if any may
at
cause
Colonial
loss
which
the
said
the money
due
thereupon to
be
paid off
and
discharged.
Section
3,
SCHEDULE.
Form Section ful
to 3." the
of
Bond. GriANA. Public Issued

under
(1.) It shall
be lawon
British ^$f^nl%
for time
Governor, for and

the
as
^.^sy
ê^y?
behalf
of
to
Colony,
occasion bonds
from
may
time
re-
Works
Loan
Bond.
and
cause
;g^ W"
Ordinance No.
the
No.
of
1869.
quire,
in the
dule to thereto
to
be
issued
Form this
as
contained
in the Scheor as near
'"^rf ^^g;
Series
The
$
Government General
i
Ordinance,
circumstances
the
S^^^
will
ad-
rait, signed by
Secretary
ral for the
Government Geneshall be
î^ ^^
^^^^ ^^ '^tsaJ^
Undersigned,
and the
for
"
Secretarv
Eeceiver
,
of
n ,,
and time
the
Eeceiver bonds of four

oi
being.
hundred
nine
"S,f)^ ..,!,. British Guiana, e^g^

said the
"nto
and
on
behalf
u.
ot the
(2.) Each
either for the
and
of such
sum
Colony, do hereby acknowledge that Colony of British Guiana

*'
is indebted
sum
eighty dollars, or
and four four hundred
hun-
dred of
sixty dollars,or
thousand
to
of two
or
^^
s^^'B^.
or
bearer, in the
of
*
of
at
thousand
dollars,
at
for
""^
the
eight hundred
bearer
the
'a^"^
payment
^^^
i
which
dollars, payable
^^
^^^
"
'
expiration
after date
the rate ot to be
of
and
six
twenty-five years bearing interest at

per In cent, per annum, to
^^
sxgsj^^ with
interest at the rate

annum,
of six per
cent. the
payable half-yearly,at
the
successive
paid half-yearly.
4.
"
'" -%Viî^^^ same ; : ^ ;
place, on
and of xi,this
^
Section
\\A.e for the
T Tjoan, 4.1, there
order
1 be
pro1
'iîj^'.f'y days of
i ?';*'",the date
î
.
next
-d
ensuing
a surrender
redemption of the said -QSif)^, ^

1, n shall as
-UT 1 4^ established
Bond,
iu
a
.
'
on
the
Sinking
Fund,
provision
there
for
Interest of the respective ""."."!

'"
Warrants
here-
the formation
^r,^:^ ô attached, the Colonial Revenues are from be set aiârt the Colonial lie'AS^'^ under the provisions as Security pledged during the like period, a ^^ venues, 1 of the year No. sura equal to three per cent, per ^^S^, of Ordinance 1869,
in addition annum, I 4U s.ud -i interest, on the
"
of which
shall
to
the
i.
aforei of i\,
"
amount to
the
'e^S'^" GNfiGVa entitled ^^^^
in*
"An
/-"" t Ordinance
""
t tor
-..o.v,-.,^
raising
" a
bonds under
from
time
tirae
issued
eWi^, Loan gxp^
for
"
the
Construction
of
Public
this Ordinance.
o.
"
Section
tinuance Colonial
of this
Be
venues
conJJuring the Ordinance, all the
'e^"^ ^^"^
"Wr,7-lro
Given Demerara
^
'
under
'
our
hands
at
Georgetown,
not
specially ^^
Ordinance
this
appropriated ])y
any
^^^^
^^^^'
day of
already in force shall be held to be pledged for th(! payment of the interest and principal becoming due in respect of the bonds issued
under this Ordinance.
^C^ ^^^
iTOvernment
Secretary.
^S^^^S;
*^S^
Recorded.
Receiver General.
A.D.
1869.]
COXTAGIOUS
DISEASE
{AXIMALS).
[No. 2.
407
Coupons. Bond No. The Interest Warrant No.
Guiana,
of
the Government Undersigned, for and on behalf of the said

1
,
at
on
Secretary and the Receiver General of British the day pay the bearer, on of the sura dollars,being one
Colony,will
Interest half-year's
their Bond
No.
(Signed.)
Government
Receiver
Secretary.
General.
ORDINANCE
An
No.
OF
18f39.
Ordinance
Colony
Infectious
of
prohibitthe Importation into this Catttle sutieringfrom Contagious or

to
Disease.
[20th November,
1869.]
WHEREAS Colony
Be advice and
it is necessary the importationinto this to prohibit from of cattle suffering contagiousor infectious disease :
it therefore
consent
enacted
by
the
Governor
of

follows
:
"
the
of the Court
of be
Policy thereof,as
cited
as
1.
This
Ordinance
(Animals) Ordinance,
may 1869.
the
Contagious
Diseases
Short
title.
expedient to
be infected 3.
this
to be
or
do so, to with the cattle disease.
Governor, whenever declare,by Proclamation, any

for the
it appears
1o
him
Power Governor declare
to the
to
island
or
placeto
place
infected.
(1.) No bull,cow, ox, Colony from any island

"
or steer, heifer, or
calf shall
be
imported into
Proclamation
Prohibition
of
place
island
so
declared
no
by
such
ox,
importation of
infected with
the cattle disease any
; and
or
bull, cow,
steer, heifer, pi.^.e^^cie^

be
infected,
calf
brought
in this
from
such
-pl"CQ shall be
permitted to
is
so
landed
it
Colony. or (2.) If any such bull,cow, ox, steer, heifer, shall thereupon be immediately slaughtered.
calf
landed,
4. Every animal slaughteredunder the provisionsof the last preas possiblein its skin in some ceding section shall be buried as soon with and shall be covered sufficient quantity' of quicka lime place, proper
or
Buriid
so
of cattle
imported,
other
disinfectant
shall not the any the
and
with
not
less than
four
feet
of earth.
5.
any
"
(1.) It
part
of from
be lawful
of
or
to
land
in this
ox,
Colony
so
any
carcass
or
Prohibition
of
carcass,
any
bull, cow,
which has
steer, heifer,or
declared
is so
to
calf
be
H"'!'i!f
imported,
'"''"^'*^*''"*
brought
island
cattle
place
been
infected with
it shall
disease. of anj' such

with earth.
a
(2.)If any such carcass, or an}^ part thereupon be immediately buried quicklimeand not less than four feet of
6.
"
carcass,
landed,
of
sufficient
quantity
(1.)Every
concerned of any
person
per.son in the
or
who
lands
or
attempts
to ox,
land, and
any
every
Penalty on
landing of, any

of any
bull, cow,
carcass,
steer, heifer, or
cattle, J^j."*^.|"^?
cattle, from
calf,or
carcass,
part of any
of
bull, cow,
408
No.
OX,
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1869.
has
placedeclared
infected.
or steer, heifer,
calf, brought
to
from with
been
of
not
or
an
so
declared
be
infected
island or place any the cattle disease shall
which
be
and, being convicted thereof,shall be liabln to a offence, dollars for each such bull, cow, ox, steer, heifer, exceeding ninety-six each such for or carcass or part of such carcass, which is landed calf,
to
guilty penalty
See No. and
Ordinances
12 No.
of this Ordinance. provisions such (2.) 7\ny penalty shall be recovered in the before any Stipendiary Magistrate, under
contrary
the
summary
manner
q/1893
13 of
1893.
provisions of any for the time Ordinances being in force regulating procedure before jurisdiction StipendiaryMagistrates in the exercisa of their summary and "ppeilsfrom the decisions of Stipendiary Magistrates.
constable shall and every police 7. Every Officer of Colonial Customs such all and bulls, cows, full power to slaughter seize,destroy, and to the thereof, and to carcasses or calves, bury steers, heifers, oxen, of all such bulls, cows, oxen, steers, seize and bury all such carcasses
have
Slaughter,
etc., of cattle
landed from
place declared
infected.
calves, as or heifers,
may of this Ordinance.
be
landed
in this
Colony contrary
to
the
visions pro-
ORDINANCE
A.D.
See No. No. and 1891.
No. the
OF
1869.
1869.
An
Ordinance
to
enable
International
Ordinances 2 of 1870,
10/1878, No. 6 of
Company to land, construct, Telegraphs in this Colony. [8th January, 1870.]
graph TeleOcean maintain and
WHEREASunder
States of wires and the other West Main Sjijanisli And this should
the International
Ocean State
Telegraph Company
of New
means
tered is char-
the Laws
of the
York, in the United

of of
America, for the purpose and cables,the United

Indian
;
of connecting, by
States with the the State
graphic teleCuba
and
Island
of
Colonies, and
with
Panama
whereas
the said
Company
has
applied to
the
Government that
of it this
Colony
and
;
for
be enabled the
expedient permission to between communication to establish, telegraphic

establish, and
way it is
Colony
of Cuba And
United
States
by
of Havannah
Court
in the
said Island
the 26th
whereas
at
Meeting
was
of the Combined
to
held
on
day
of
and conditions, of years, subject to certain terms nication commuin consideration of its establishingsuch telegraphic as aforesaid,and of connecting this Colony with Trinidad, Saint Thomas, Cuba, and all other J3arbados,Martinique,
term
May, 1869, during a limited
it
resolved
grant
subsidy^
to the
pany said Com-
Guadeloupe,
West America
Indian
Colonies, between
communication also in consideration
which
and
the
Continent
of
North said graph tele-
ttlegraph
and the
:
Company
from in Jierbice
be may of their extending the

to
established
of
by
line
the of
City of Georgetown
the
Town
New
Amsterdam
The
subsidywas
granted for
terra
of years, which
has
expired.
A.D.
Be
1869.]
INTERNATIONAL
the
OCEAN Governor
of
TELEGRAPH.
British
[No.
with
;
"
3.
the
409
it therefore
enacted of the
by
Guiana,
follows
advice 1
.
and
This
consent
Court
of Policy thereof,as
as
Ordinance
may
be cited
the International
Ocean
Telegraph
Short
title.
Company's Ordinance, 18G9.

2.
"
In The
this Oi'dinance,
"
Company
:
"
"
means
the
International
wires any
Ocean for the connected

:
Telegraph
purpose of
or
pany Com-
Inteq)retatioii
of terms.
"
Telegraph
means
wire
or
used
graphic tele-
communication,
the enclosing
the
"
with
casing,coating, tube,
pipe
for
same,
i)urpose
"
of
any apparatus communication telegraphi(3
and
therewith
Work
includes
a
and posts : telegraphs
"Post"
means
post, pole,standard, stay, strut,
or
other
above-
"
for carrying, suspending, or supporting a ground contrivance : telegraph Street town, or village, means a pultlic way situate within a city, either side and lands between or continuouslybuilt upon on of the at at the publicexprnse or repaired expense any municipal and or rate, including the footpathsof such any way, village thereof : bridgeforming part tained road" means "Public a publichighway being requiredto be mainforce in for time Ordinance the virtue of any being by of Proclamation roads and to published or relating bridges, any thereunder, and not being a street, including the footpathsof such public highway, and any bridge forming part thereof, and land also any by the side, and forming part of such a public canal : but a not including or highway, I'ailway work, or buildingconnected with Eailway includes any station, a railway: Canal includes navigation or navigable river, and any dock, with a basin, towing path, wharf, work, or building connected
"
"
"
"
"
canal
"
:
"
"
"
publicroad, and not and a forming public I'oad, by being be to the laid out owner includes lands for and proposed by converted into a street or publicI'oad : includes a body of trustees commissioners, municipal or Body porated incorwhether or board, vestry, company, society, corporation, to and a not body appliesto or referring ; any provision the a as case require: person, may Person includes a corporation aggregate or sole :
Land
means
land
the
not
being
street
or
land
side
and
part of
"
"
"
The
Colonial Governor
or
Civil may
Engineer
"
includes
any
or
other
execute
officer any
whom
of
the
duties
"
powers
:
appoint assignedto
"
to
perform
the
this
the Colonial
of His
Civil
Engineer by
Ordinance
StipendiaryMagistrate Magistrates in and for

of provisions the
means
any
Majesty'sStipendiary
this
Colony.
and Powers
3. The
tion
Companies' Clauses
respect
to
Consolida-
lucoi-poration
of damages not recovery of any and to the determination provided for and of penalties, specially ^,^^ far as the same referred are other matter to Justices, shall, so able applic-
Ordinance, 184G, with
the
^,^"^^^tm^
^
^
^ ^^^^^
and
except
so
far
as
the
same
are
inconsistent
with
any
express
410
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
Ordinance the
same
1869. and
of provision
terms
are
this
Ordinance,
used
in those
to
directed 4.
All
be
with this incorporated shall be as interpreted provisions this Ordinance. in interpreted be the
terms
Procediu'e. No. 1 of 1846.
See Ordinance
No. 12
of
1893.
Consolidation Companies' Clauses and Powers or required to be done by two Justices be done Stipendiary Magistrate, and the procedure shall by one may be, as be, as near accordingto the mode providedby any Ordinance may for the time being in force regulatingprocedure before Stipendiary jurisdiction. Magistratesin the exercise of their summary
thingsin
Ordinance, 1846, authorized
Appeal.
See Ordinance Ao. 13
0/1893.
as
Magistratein respect Every conviction or order of a Stipendiary of money incurred under of any penalty, or by virtue damages, or sum shall be of this Ordinance subject to the appeal provided by any time Ordinance for the being in force regulating appeals from the of StipendiaiyMagistrates. decisions
5.
Provision
to notices consents.
6.
under
The
following provisionsshaU
: or
"
apply
to
notices
and
consents
and
this Ordinance notice and
(1.)Every
in
consent
shall be in
writing
or
print,or partly
writing
a
(2.)Any
of
notice
or
to
street
may
be
print ; by the Company, or a body having the control under, or drainage therepublic road or of the sewerage tary, secregiven to or by the agent, attorney, manager,
or or
partlyin
clerk,or
or
surveyor
other the
case on
like may
officer,if any,
be ; and
pany of the Com-
of such
consent
body, as
(3.)Any
as
conditions
to
be given may (being in themselves the

or
pecuniary or other terms or stipulalawful)or subjectto such tions

such
execution of any
time
or
mode
of
work,
as
or
as
to
the
removal
alteration, in any
or
event,
to
of any any
other
or
thing connected with body giving the consent

Company,
other and for
relative fit. of
work, or woi-k,as
to
any
the
person
thinks purposes
Power hold Now 1898.
to the to
7.
lands
to
The and
the
its
undertaking, may
same
hold
Company
No.
immovable
purposes the under
lands. 21 of
all intents
property in this Colony in the if such as Company had been
manner
incorporated
in this
Colony
Companies Ordinance,
1864.
and Proof of Incorporation

Proof of incorporation of the
Execution
of Deeds.
Counties
of
Company.
deliver to the Registrar of the Company may and Essequebo, to be recorded Demerara by him, a copy of of the Company, purportingto be certified as of association 8.
The under the
the articles
a
true
copy
signature and
may
seal of the
officer in
to
whose
office the
original
such
articles of association
purport
be
or registered
filed ; and
certified by such thereof office copy trar Regiscopy duly recorded, or any due of the this in evidence incorporation shall be sufficient Colony of the
Execution and
Company.
9^
this
"
(1.)Any
deed
of the
proof of deed made by the Company out of the Colony.
Colony,
Ijut which
Colony, shall
shall be
may under be executed in this
be
Company which required to

the
common
maybe
be used
executed
in evidence
out
of
in this
recorded
Colony
of such
in the
Office Registrar's and that that the seal
seal of the Company, and aforesaid.

affixed
was
(2.)The
is the
common
execution
deed,
thereto
seal of
the
the
Company,
the
and
of
the
same
affixed
thereto
by
authority of
Board
Directors
of the
Company
412
No.
town
3.]
to
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
be
1869.
New
to
a
AmsLerdam,
withiu
reasonaljle time
the
to
fixed, and
and
subject
plan
maintain
rates
to
be such
approved, by
hne
n
Governor-in-Council
thereafter
to
efficient the
(2.)The
to be
charged by
of messages along the said line between and also between this Colony and of the extension of the line
to
working order. for the transmission Company dam, Georgetown and New AmsterSurinam
or Cayenne (in case Colony),shall not exceed
either
such
the rates
limited
by
section
52.
General
Powers
of
the
Comjyany.
Use and
of streets
public
14. Subject to shall be Company

of the
roads, and
rivers and
waters, of the
Colony, under
certain conditions.
and provisions of this Ordinance, the town gratuitous use of the streets of Georgeand of the publicroads, rivers,and and New waters Amsterdam, be used for the to be the Colony, which Company required by may accordance with the of their in ferred reundertaking plans purposes the restrictions the allowed
to
in sections
12
and
13
Provided
across
that any Town
any
work
of the of
pany Com-
in, under, upon,

or
over,
along, or
must
public street
New and
Amsterdam
be
execu'ed
and
subject to
Council
over,
or
the
Georgetown tendence superin-
approval of
that
the
Major
of such
City or
across
Town any
; and
publicroad
must
any such work river of the or
in, under, upon,
along, or
bed of any Colonial
water,
be executed
Colony, or the shore subject to the approval of
tidal Civil
the
Engineer.
General
descriptionof
^vorks which the may
Subject to the Company may execute

15.
restrictions works and may

as
and
of provisions
:
"
this
Ordinance, the
follows
a
Company
execute,
subject to the restrictions of

the Ordinance.
place (1.)It may publicroad, and
maintain alter
or
telegraph under
the
same;
any
street
or
remove
(2.)It
street street
may
or
or
a telegraphover, along or placeand maintain posts in or publicroad, and placeand maintain the same publicroad, and may alter or remove
across
any any
upon
;
(3.) It may, for the purposes aforesaid,open or bi-eak of or publicroad, and alter the position thereunder or being a main) for the supply of water gas ; and (4.) It
over,
up any
any
street
pipe (not
may
placeand
or
maintain
and telegraph
or
posts under, in,upon,

or
along,
across
or
canal, or
any
any estuary tidal water, and may
any branch alter
land
or Ijuilding,
of the
or remove
sea,
the
same
any shore
:
railway
or
or
bed
of
the
not
Provided
any
always
that
the that
Company
of the
over,
user
shall
be
deemed
which
to
acquire
right other
work.
than
public road
any
under, in, upon,
only in the along,or across
soil of
or any street it may place
Provisions
as
to
16.
the
In
the
exercise shall do
of the
as
compensation,
Company
given in the last precedingsection, powers full little damage as be, and shall make may
tained compensation to all bodies and persons interested for all damage susof such exercise of the in or by them by reason consecitience mined of such compensation to be deterand application j)()\vers,the amount and Powers ConClauses the in manner Companies' provided by
Ko.
1 of 1846.
solidation Ordinance,
1846, for the
determination
taken and
of
the
amount
and
of compensation for lands application
affected. injuriously
A.D. 17.
1869.]
"
INTERNATIONAL
OCEAN
TELEGRAPH.
[No.
Company
as
3.
Provision
^'^
413
also be
(1.)lu the exercise of the aforesaid subjectto the following restrictions : (a.)It shall
for the
cause as
powers,
the
shall
as
to
^^
"
phês"
inconvenience stances circum-
littledetriment
the
or
to or by whom any pipe used is or belongs ; gas of any such pipe, it shall give (6.)Before it alters the position the same to the body to whom belongsnotice of its intention it will begin to do so, the time at which to do so, specifying such notice to be given twenty-fourhours at least before the such alteration ; of the wox'k for effecting commencement such work The except under the (c.) Company shall not execute such pipe belongs, of the body to whom less unsuperintendence such body refuses or ence neglects to give such superintendin the notice for the commencement at the time specified the same of the work, or discontinues during the work ; and faction satissuch work the Company shall execute to the reasonable and of such body ; (d.)The Company hhall pay all reasonable expenses to which such of such superintendence. body may be put on account
admit
to
body
or
or
person
supply of water
occasion
and as (2.)The body to whom pipe belongs may, when any such of of work alter the the Company already requires, position any
or on
constructed
to
be hereafter
same
constructed,under, in,or
as are
upon
to
street
or
publicroad
mutatis
the
conditions
on
by
in
the
last
present sections
imposed
the
Company
relation
preceding such a body,
and
midaiidis.
Telegraphsunder
18.
marked pany.
Streets and
or
Public
Roads.
Every underground
as
tube
pipe
tubes
of the
or
(company
every
J
shall other
be
so
to
it from distinguish "^
of pipes r r
Com-
Marking of underground
tubes and pipes,
the Company places a or over telegraph along, across, any publicroad, it shall not place it so low as to stop, hinder, or interfere with the passage for any purpose whatsoever along the street or publicroad.
19.
Where
Telegraph
across
"^
street
or
street
^'"
Works
Streets affecting
that
and
Public
Roads,
Removal
or
20.
In
the
following cases, decay ; or Company
is to say,
"
of
'
(1.)If any fall into (2.)If

on
part of the Company's works

is
is abandoned
suffered to
in
case
of
aiiandonment
the
dissolved, or
ceases
for
six months
to
^'lereof.
carry
of the the
at
business,
body having the control of any street or public road, or the owner in the former affected, case by such part of any land or building the latter case, by any as of aforesaid, Company's works or, in notice the; leave notice to works, a give Company's Company, or may
the last known
office works
as or
the
place of business
in specified the
of the notice
Company,
are
to
the effect within
that, if
one
such
are
not
removed
month
after the notice

such works such
given
or
or
the
case,
body having
unless
control
are
removed
same by in every such by such owner ; and the body having such accordingly,
the left,
will
be removed
414
No.
3.]
or
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1869.
control the
such
owner
Company,
remove
may, such of any
materials such
thereof, or
remedy against any and sell the thereof, works, part any of of the out thereof,and, proceeds part
without
prejudiceto
or
relative to such notice, their expenses themselves sale, reimburse (renderingthe overplus,if removal, and sale, and consequent thereon any,
to
the from In
case
expenses
Eemoval works of
Company), and may the Comjjany.

the
recover
any
unpaid
residue
of
such
of any street or publicroad resolves to alter the line or level of an} portion of time hereafter at any of alteration of which such street or road under, in, upon, over, along, or across any work street or public the road. commencement either before or after of the Company, constructed
21.
body having
the
control
in event
of this
the Company Ordinance, is placed,

on
shall
from
time
to
time
be
in
bound,
at
one re-êiving
month's
I'emove
notice such
of such
intended
to
alteration,and
such
its
such
expense, positionand
in the
own
to
manner
work, and
as
in all
respects
between all
body, or,
in the such
event
of difference
manner
may such
as
be
replace the same required by

and the
body
may
positionand
in
respects
be determined
Company, by
of 0'peni7ig
Restrictions of
Streets
and
Public
or
Roads.
break
:
"
22.
Where the
the
right to open
streets
publicroad, (1.)The
street
or
Company proceed to open shall have following provisions
up
street
or
effect
and roads.
public
Company shall give to the bodies having control of the break to open or up publicroad notice of its intention such street or public road, specifyingthe time at which it will ground underof an lieginto do so, such notice to be given,in the case work, ten days at least,and, in the case of an aboveground of the work ; work, five days at least,before the commencement
except in
thereof
;
case
of
emergency,
soon
in
as
which may be
case
notice the
of
the
work
proposedshall (2.)The
break
be
given as
shall not
after
commencement
Company
street or up any of the bodies to
section
or
requiredto be neglectto give such

for the the work
;
emergency) open or the superintendence is notice whom by the present respectively refuse given, unless such bodies respectively in the the time at specified superintendence (exceptm
case
of
public road, except
under
notice
commencement
of the
work,
or
discontinue
the
same
during
and pay be all
(3.)The
bodies
Company shall respectively may

the
reasonable
on
expenses
of such
to
which
such
put
account
superintendence.
up
a
Kestoration and
23.
"
(1.)After
Company
the
has
ojiened or
broken
street
or
repair of
publicroad, it shall be under

to
following further
that obligations,
is
streets and public roads
say,
opened.
(a.)It shall,with
account
all convenient it
speed,complete the
work and
on
fillin opened or broke up the same, restore and tlie ground and make generally good the surface, road to as the street or good a condition as that in pu])lic which it was before being opened or broken up, and carry rul)bish all occasioned thereby ; away the street the place where It shall in the meantime cause (//.) and fenced be watched, broken road to is or or public up open and be and at to properlylighted night ; of which
A.D.
1869.1
INTERNATIONAL
OCEAN
TF.LEGRAP
II.
[No.
3.
415
It shall pay (r-.) road or puV)lic
all reasonable in
good
as
of expenses for months six repair expenses may he
keeping
after
the
street
same
the
is such
restored,so
far
such
increased
by
opening (2.)If
the
or
breaking up.
fails to
Company
comply
in
any
respect with
the provisions
(withoutprejudice the to specificperformance of the requirements of this Ordinance, or to any other remedy against the and Company) be lialjle to a penalty not exceeding ninety-sixdollars, further each for not to a day penalty, exceeding twenty-four dollars, during which anj^ such failure continues after the first day when such adjudged. penalty was
24.
road Whenever
the
or
of this section, it shall for every of any enforce to I'ight person
such
offence
permanent
surface
or
soil
is broken
body having to do pedifent

or
opened up the control of the

so, to
b}^the
street
Company,
or
of any street or public Power to street "'*'^ "^' P"^j1i*:' it shall be lawful for the
case
road, in
to to
fillin the
ground, and
or
make
carry
they think it exgood the pavement

away
execute
works
to
and
charge
surface
or
soil
so
broken
up
opened, and
ttie rubbish
expenses
occasioned
to be done thereby,instead of permittingsuch work by the of in such ground, and Company ; and the costs and expenses of filling making good the pavement or soil so broken up or opened, shall be on demand, to the body having the control of the street or road repaid, be recovered by the body by the Company, and, in default thereof, may having the control of the street or road from the Company, as a penalty is or may be recoverable from the Company.
25.
or
(1.)The Company shall publicroad, further than is

"
not
stop
or
impede
the
necessary
close
for
traffic in any street of execution proper
Restrictions
or
""ti^fffi^^
its works.
(2.)The
third any
street
Company
of any
not
shall
street
at or
not
in width
street
or or
than against traffic more of opening publicroad, or any way time

to ; and allow at
one-
into
publicroad,
are
one
in
two
one
case
two-thirds
of such pass than each
road
shall
wide
enough
with
to carriages
other, it
not
occupy
its works
time the
more
yards in length of the one-third thereof,except of the body having the control thereof.
with
fifty consent special
Works 26.
Crown affecting
or
Private
Projyerty.
or
The Company shall not place any work by the side of any land Works affecting Crown interfere with to stop, hinder, or so as building, ingressor egress property. for any purpose the same, to or from or placeany work under, in, upon, land along, or across or over, building,except with the previous any in every case consent of the owner, lessee, and occupier of such land which of any or land building, or consent, in case buildingbelonging to or enjoyed by His Majesty in right of the Crown, or belongingto the behalf of His on Colony, may be given by the Governor Majesty or the Colony : Provided always that, with respect to lands and buildings situate within the limits of Georgetown or the conNew sent Amsterdam, of the Mayor and Town Council shall be sufficient authority for the land or further consent, except as to any Company, without any buildingbelongingto or enjoyed by His Majesty in right of the Crown or a belonging to the Colony, to place and maintain telegraph, over, the street,and within along,or across adjoiningto or near any building
416
No.
3.]
limits of
THE
LA
TF,9 OF
BRITISH
GUIANA
[A.D.
1869.
or or across Amsterdam, over, along, Georgetown and New not laid or out or a land, as being garden building being any land, the within situate and the to or near street, ground, adjoining pleasure that is nevertheless, to the following provisions, limits, subject, same
the
not
to
say,"
(1.)Twenty-one days at least before the Company proceedsto place lish a telegraphby virtue of the authority so conferred,it shall pubsent Gazette a notice stating it has obtained the conin The Official the intended and describing course of such body as aforesaid, of such telegraph ; the Company by virtue of the authority so conferred, (2.) Where shall not over a any dwellinghouse, it places telegraph directly thereof than six feet,if the the roof above less it a at height place to the placingof it at a lessee, or occupier thereof objects owner, less height; or lessee, occupierof any buildingor (3.)If at any time the owner, which over land adjoiningto a building, buildingor land directly of the authority so conferred,places a the Company, by virtue to desires to raise the building to a greater height, or telegraph, the shall increase such the extend it over heightor land, Company the the that of same alter the so otherwise telegraph may position of the building, within the raisingor extension not interfere with or fourteen lessee, occupier a days after receiving from the owner, extend the building, to raise or notice of his intention or, in case the Company and the owner, between or pier occuof difference lessee, within fourteen to his intention, then days after receiving as that certificate signed by a Stipendiary Magistrate, certifying a of the owner, or he is satisfied of the intention lessee, occupierto the building; and raise or extend lessee, (4.)The Company shall make full compensation to the owner, which along, or across and occupierof any land or building, over, graph telea the Company, by virtue of the authorityso conferred, places be in any respect prejudicially shown and which be to may mined of such aff"ected thereby,the amount compensation to be deterPowers Clauses and the in manner Companies' by provided
No. 1 of 1846.
Consolidation
of
Ordinance, 1846, for the determination respect

consent not to
of the amount
compensation with
also that
to year
lands
any
affected. injuriously
Provided
from
the
of be
person
nor
occupying as
shall any
tenant
so
year
only
shall
occupying be entitled to such

Placing of telegraphs
above and of within distance houses.
required, compensation as aforesaid.
person
gi'ound
jjosts
certain of
the Subject and without prejudiceto the precedingprovisions, within above a shall or not a ground, post, telegraph place Company ten yards of a dwelling-house, or place a telegraph above ground and except subject or an avenue approach to a dwelling-house, across is and to that restrictions provisions, say, accordingto the following
27.
"
dwelling-
(1.)The Company if any, occupier,

then then of the
owner
shall in each of such
such
case
obtain
the
consent
of
no
the
dwelling-house,and,
if there
is
pier, occu-
lessee entitled to
;
and possession,
be
if there
is none, the
of the
(2.)The (3.)On
or owner
consent
of
of his
an
occupiershall
;
effective
only during
continuance the
occupation
of the
termination entitled to
occupationof any occupier,the lessee to the placing if he did not consent possession,
A.D.
1869.]
of the
INTERNATIONAL
OCEAN
TELEGRAPH.
[No.
3.
417
or give notice to the Company tViat he post, may telegraph the same and the Company shall remove be i-enioved to it ; requires such notice after within month one receiving ; and accordingly and the between lessee pany Comowner If arises or a (4.) any question
as
to
such
reiuoval
or
the
time
or
mode
a
thereof,the
directions
seem
as
same
shall be and the
referred to the determination
of
jMagistrate, Stipendiary
to such
^Magistrate Stipendiary may

the time
give such
removal, and
and into
as
and
mode
thereof,as
may
reasonable,
may
impose
seem
effect such
the Company for not carrying such direction on not exceeding twenty-fourdollars a day, penalty,
may
just.
of
Company proceedsto place a telegraphover, along, Pulilication notices of (notbeing a street in Georgetown or New Amsterdam), intended such a or publicroad, or to placeposts in or upon a street (not being telegraph. street as aforesaid), a a or public road, it shall publisha notice stating in that behalf of th'i body having the that it has obtained the consent the intended control of the street or publicroad, and describing course of the telegraph
28.
Before
a
the
or
across
street
"
such (1.)By affixing
notice
or
on
some
conspicuous placesby
at affected,
the
side
more
of the part of the street than one mile apart ;
road
distances
of not
(2.)By leavingsuch
notice
at
every
part of the street or road thereof ; and (3.)By inserting such notice
weeks and in The Gazette Official
affected,and
once
dwelling-house fronting on the within feet fifty being

least in each of
two
at
successive
the
Company
of
shall not
so
the
expiration
twenty-one
placeany days from
such the
last
or telegraph post publicationof
until such
notice.
29.
or
At
any any
time
during
or
occupier of
road
land
such twenty-one days the owner, building adjoiningto either side of

the
lessee,or
such
street
Eight of owner or ocoupier of

or
intended
send
to
may works
give
as
the Colonial Until

such
Company notice of his objectionto the and land such or building, prejudicially affecting his notice of Civil Engineer a copy of objection.
to
buUdhig''to
object.
30.
intended 31.
hereinafter
objectionis settled,or is determined that provided,the Company shall not execute relates works the objection to which
soon
as
in
manner
Stay
of works
part
of
the
^"itU
objection
As
may
be
after
the
receipt of such
the Colonial Civil Engineer shall objection, tween the Company and the person objecting is arranged) make inquiry and examination, and shall report the same in writingto the Goveruor-
of copy of notice (unlessthe difference be-
Examination
''^
objêction
in-Council.
32.
On
considering any
allow
such
report, the
Governor
in-Council
"
Powers
of the
Govenior-iii-
(1.)May (2.)May
Coimcil on wholly or in part; or objection with its authorize the Company to proceed, works, subject m? report to the provisionsof this Ordinance, according to its published objection, notice, paying to the owner, lessee,or occupier objecting full of in case be determined thereof amount to compensation (the done to for any difference by the Governor-in-Council) damage
the
him
or
418
No.
3.]
(3.)May
to
THE
LA^yS
OF
BRITISH
GUIANA
[A.D.
any
1869.
authorize
as
the the
or
Company
or
to
so
proceed,subject to
execution
event
such
or
as as
conditions
the other
to
time
mode in with fit ;

or
of
any
or
of
any
work,
as
removal
alteration connected thinks the any
of
any
thing
relative
any work, or to any work,

to
to
the
such
Governor-in-Council
(4.)May
authorize of
Company
intended
to
so
proceed,subject
as
any
modification
work
the
Governor-in-Council
such notice and opportunityof prescribes ; but so that in that case shall directs Governor-in-Council and heard the as being objecting such modification be given to any owner, or lessee, occupierwhom may Finality of
determination.
affect. The determination be of the Governor-in-Council

on
33.
the
matter
of
^^^^ anch
shall objection
final and may

as
conclusive.
allow
seem
Costs.
34.
The
so
Governor-in-Council
to
any
to
owner,
lessee,or
occupier
objecting such
costs
just,
be
paid by
the
Company.
Works
Right of owmer, for building or
other removal works. puiiioses, of
Lands affecting any time
or
Buildings.
has
35.
work
"
(1.) Where
at
the
Company
constructed
any
building,and or under, in,upon, over, along, or across other of such land or building, or or lessee, person occupier ^^^ owner, desires to build upon or having any interest in such land or building, land alter such or such land, or in any manner to improve or enclose
an}' land it in which such land to use manner or or buildingin some building, such work of of construction used the time the not at by was actually would of such work the continuance the Company, and with which the following provisionsshall interfere, then and in every such case have
effect,that
is to say,
owner, to the
"
"
(".)Such
may such
or
or lessee, occupier, a
other
person
interested
give
intended
use
other
egress
remove
thereto
or
of nature Company enclosure, improvement, alteration, building, of the land or building,including ingress or therefrom, and requiring the Company to or notice the specifying
so
alter its work

:
that
the
same
may
not
interfere
therewith Within (J).) in

case
fourteen of the difference

same
as
days
to
after
the the
receipt of
such and
notice, or
the person
between his
a
Company
giving
days
such
the
after
the
receiptof
to
fourteen intention, then within certiBcate, signedby a Stipendiary he is satisfied of the intention
that Magistrate, certifying person

or
of that
make
such
use
enclosure, improvement building,

the
land
or
alteration,
other
such
of
work
building, and
continuance of
to
of such
would
of the
interfere
therewith, (the
granting
referred the
certificate
the determination shall

remove or
matter to be a being deemed Magistrateso certifying,)
Company
not
alter
its work
so
that
the
same
shall
interfere
with
such
intended
use
or improvement, alteration,
other
of
enclosure, building, the land or building ;
and
(c.)When
person
such
certificate
thereof,when
obtained,
notice.
requiredby the Company, the costs to the shall be paid by the Company
is
giving the
420
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1869.
Works
Placing of
works shore.
on sea
Sea affecting
not
or
Shore.
39.
of any
consent
The
Company
any
shall
place
branch limits
along, or
across
estuary
within and
tidal water
the
work under, in, upon, over, any of the sea, or the shore or bed of the Colony, except with the
having any right of property or other or jurisdiction authorityin, over, or relatingto the be affected or be liable to be affected by the exercise same, may of the powers of the Company, which consent, where His Majesty in of the the of the Colony, is interested, Government rio;ht Crown, or be behalf of His given, on Majesty or the said Government by may the Governor, in writing signed by him.
or right,
of all persons
power,
bodies
any which
Submission of such
for
approval of plan
works.
of any such work as commencing the construction mark connected or sea buoy therewith, except in cases of emergency for repairs to any work constructed previously after the commencement of such works laid,and then as speedily or as shall the of the at Office the Government be, Company deposit may Secretary a plan thereof, for the approval of the Governor-in"
40.
(1.)Before
last
aforesaid, or
of any
Council.
(2.) The
with such
work
shall
not
be constructed
otherwise
this
than
in accordance
approval.
contrary
to
(3.) If
Colonial
and
remove
work is constructed any Civil Engineer may, at the
the provision,
it,
or
any
part of
of the Company expense the site thereof it, and restore
abate,
to its
former
Lights and signals for
such works.
or
or
condition.
The
41.
Company
such
may,
in
or on
about
the
repair of
any signal allowed
work,
any
use,
board
be
ship or
made
construction,maintenance, elsewhere, any light

in that behalf
by
regulation to
by
the
Governor-in-Council,and
Power such of the
as
publishedin The
Gazette. Official
42.
to
Governor
works, if
fall into
disused, etc.
thinks
abate
is abandoned such work, buoy, or sea mark suffered to or the Civil if Colonial and the Governor as Engineer may, decay, the the of either it or at restore or fit, Company, repair expense If any
remove
and
it,or
any
part of it, and
restore
the
site thereof
to
its former
condition. the order
Recoveiy of
expenses act done expense of
at
43. Whenever Ordinance, do or

act
or
Governor-in-Council, under to be done, in relation to
the
any
authorityof
such
this any
work,
do be
as
of the
thing
of
which
Company
expense due to the with

or
the
Crown
authorized to they are by this Ordinance of such expenses shall Company, the amount from the Company, and shall be recoverable
same
at
a
the debt
such,
costs, or
the
may
be recoverable
be may from the
recovered, with
costs, as
penalty is
Company. Company
shah
or
General
Rule
as
Obligationsand
Liabilities of the
the
and open
its Servants. for the

sages mes-
to
44.
such
Every telegraph of
of all messages persons shall be
not
Company
in the
be
teleoraph being
open for all out withmessages
alike, without
forwarded
favour
order the
preference ; and of their receipt ;

operation of
any
all but
preference, this subject to

leases. Maintenance of
or
provisionshall
prejudiciallyaffect
lease
agreement
"
authorized
by
this Ordinance. shall be
45.
and
(1.)Telegraph Stations
Amsterdam.
duly maintained
in
Georgetown
Telegrapli
Stations in
New
A.D.
1869.]
(2.) The
INTERNATIONAL
OCEAN
TELEGRAPH.
for the
[No.
of the in the
3.
421
Company's day, except
Offices shall be open

on
use
public Georgetown
aftersame
daily,fcom
noc"n
seven
o'clock in the
of
every
morning Sundays and

as
until five o'clock
and and
Xew
Aiiisterdain,
when holidays, shall
the
may
opening
of
shall be time times

to
opened during such time appoint ; and

use on
hours the
tlie Governor-in-Council Offices of the
from
oflicfs.
said
for the
of the Government the
Colony
also be open at all for the transmission
of messages
publicservice
in
cases
of emergency. Responsiljility
of the
Company sliall be answerable for all accidents,damages, injuries happening through the act or default of the Company, or of any person in its employment, by reason in consequence of any or of the Company's works, and shall save harmless all bodies having the control of streets and and or public roads, cullectively individually, their officers and from all and in costs servants, damages respect of
and such
46.
The
Company
for damages.
accidents and
The
or
injuries.
shall
not
47.
or
Compuny
any
sell, or transfer,
lease
its
undertaking
Proliiliition of
in this Colony to any other part thereof, Company or sale, etc., of undertaking, to any the consent of the Governor-in-Council, persons, except with except witli ol^tained for such lease ; but this provision consent of the previously sale,transfer, or
works,
shall not any
restrict the
making
any
or
arrangement
with
carryinginto effect by for providing any person
the
Company
for
of
Govenior-inCouncil.
work
his
private use
48.
"
only.
for the conCompany, before exercising Registered any power the opening or breaking of streets or or public Office of the up and Conii)any roads in any part of the Colony, shall give to the Registrar of Joint service of Stock Companies under the Companies Ordinance, 1864, notice of the documents. Now No. 21 of situation of some Office where notices may be served on the Company 1898. 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. and the (2.)Every such notice shall be recorded by the R.egistrar, record thereof be inspected from time to time by any person. may at the Office of which (3.)The delivery notice is so given of any struction of works
(1.) The
notice, writ, summons, Company shall,for the

purposes, be deemed
citation
or
other of
document
addressed
to
the
purposes good service
the
the
Ordinance, and
for all other
(4.)The
Company
shall,on
any
under this section, pay such fee Ordinance of on registration

or
Company. giving each notice to the Registrar is payable under the last-mentioned as document that Ordinance by required
on
a
authorized
every
to be
other than registered,

as
memorandum notice with
of association the
and
shall pay mentioned
person such fee
the inspecting is for
record of such the

time
Registrar
Ordinance
for
of documents inspection
being payable under the lastkept by the Registrar
under
that Ordinance.
If any person in the
of employment of the Company in this Colony Punishment officer of the omits deliver any or negligently or delays to transmit for Company message ; or, l)y negligentact or omission, prevents or misconduct any wilful or delays the transmission or delivery of any message ; or improperly respecting messages. to any divulges the he shall for every person purport of any message, such offence be liable to a not d ollars. penalty exceedingninety-six
or wilfully
49.
50. (1.)Nothing in this Ordinance shall relieve the Company from Saving for effect of future to any being subject which or restrictions, regulations, provisions may hereafter be made Parliament Act of or by any general any general ^^^^^'^^t'"^
"
ÔL.
I.
28a
422
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1869.
Ordinance
panies comColony respectingtelegraphsor telegrapliic charges. claim or (2.)The Company shall not be entitled to make any far carried of it is in its assert so as on enterprise right respect any made asserted within this Colony which could not be legally or ])yit, had of British if it had consisted of British been domicile or subjects ; and it shall be subject to the judicatureof the Colony.
or
of
this
their
Prohibition
of
51.
"
(1.)The
Panama
Company
shall
not
acquisitionby tlie Coiupiuiy

of exclusive
in ]irivilege Province
in respect of the
any
exclusive right or any line connectingthat telegraphic
acquire
privilegesin
Panama.
Territory. Company shall at any time hereafter acquire any the subsidy and all and in Panama, such exclusive right or privilege singular the rights and privileges granted to the Company by this Ordinance shall thereupon absolutely null become cease, determine, and (2.) In
case
with
British
and
void.
Bates
Prices to be
of Charges.
the
52.
"
(1.)The
on
pricesto
line
be
charged by
Havannah
Company
and this
for
transmitting
charged for
transmitting
messages.
following rates, that twenty words, including address

mile
cent
messages the exceed
the
between
for each is to say, and signature,one

"
for any
distance
exceeding four
of
a
hundred
and
Colony shall not containing message cent per English miles, and one fifty
and
three-tenths
hundred
cent
per
English mile
and for
sum
exceeding four exceeding twenty,

the aforesaid
and
there
shall be
miles, fifty paid a further

the
for any distance not additional word every
of one-twentieth of the
Governor-in-
of
rates.
(2.)The
Council, alter
that the
Company
the number
singlemessage, provided additional word remains unaltered. rate for each proportional distant than Havannah, the Company respect to places more (3.) With those several the rates shall charge only the same as charged by will be required for the mission translines whose co-operation telegraphic the Company's lines. not of messages are to placeswhich on
a
with may, of words
consent
fixed for
Poivers
of
the Colonial
Government
over
the Company.
Priority of
of messages the Cok)nial Goveninient.
of the Government of the Colony shall be secured 53. All messages shall have and the said Government private messages, priorityover such whether the full right of inspection at all times, to ascertain whenever the Governor is duly observed requires the ; and priority the public service, the Company on Company to transmit any messages soon as as reasonablymay be, transmit the same, and shall,uiitil shall, of all other transmission thereof, suspend the transmission messages from this Colony.
Power
to
the
54.
arisen
"
(!")Where,
in which it is
in the
opinion of the Governor,

the
an
Colonial
Government,
in
case
expedientfor
public service
has emergency that the Colonial
of
Government
to the emergency, take possession
of the Company's works and lines.
of m" ssages ])y have control the transmission over uiider his the warrant Governor telegraph, l^y Company's may, and the Company's works lines, or any part hand, direct and cause of in the name and on thereof in this Colony, to be taken j)()ssessi()n for His to be used behalf of His Majesty, and Majesty'sservice, and, fit ; or subject thereto, for such ordinary service as may seam may
should
A.D.
1869.]
INTERNATIONAL
OCEAN
TELEGRAPH.
[No.
the
3.
423
direct and
of the
authorize
such of
persons
as
he
thinks
fit to
assume
control
transmission
wholly or partly,or (2.) Any such

one
messages in such manner

warrant
by
as
the he
Compan3''s telegraphs,either
directs.
effect for
a
shall
not
have
;
longer
time may
than
issue such
week
from
warrants
the
issuing thereof
week
to
but
so
the
as
Governor in his
successive
from
week,
long
the
opinion
emergency
to
continues. General
pay
the
(3.) The Receiver the Company as Company by reason

of the
sum
shall,on
warrant
of the
Governor,
compensation
of the exercise
for any
loss of
sustained profit of
revenues
by
the
by
of
the the
Governor
any
of the
of
powers
present
as
article, out
be
public
the
in
case
Colony, such Colony and

arbitration.
may
settled
between
or,
Government of
of the
the
Company
arbitration
by agreement,
shall be
difference, by
is
to
(4.)Such
say,"
conducted
as
follows, that
and the Company shall each, within fourteen {a.) The Governor after the of a demand, in to the other days delivery by one ai'bitrator ; an writing,for an arbitration,nominate nominated {h.)The two arbitrators shall,before enteringon the nominate arbiti'ation,
an
um})ire ;
makes fourteen for default in within in
(c)
an
If either
party
or
a
or
arbitrator
arbitrator
the other
umpire
demand of
days
such
the
after
nominaling receiving
the the
of
from
writing
nomination, request
Chief
Justice
or
this
said
Governor
an
of
the
on Colony may, Company, under
his hand, nominate
or umpire ; shall make their award arbitrators within (d.) The twentyafter their shall otherwise the matter nomination, eight days be left to be determined and the by umpire ; his award within twenty-eight days (e.)The umpire shall make
arbitrator
after
matter
notice
from
the
or ar})itrators,
one
of
on
them,
that
the
new
is left to be detertnined
umpire
in default
shall
be
appointed
make
as
by him nearly
so
; or,
as
default, a
manner
aforesaid, who
be
shall
his award
within
be in may the like
time,
or
superseded, and
arbitrators
Governor and
toties
quoiies.
be final and
(5.) The
conclusive, as
award between
of the the
or
the
umpire shall Company.
that any to the Governor provision of Prot-eedin^s iiâinst the complied with on the part of the Com*" and that it would be for the public advantage that pany, compliance ^"T'!';'."-y should therewith bo enforced, the of jiiianeewith Attorney General, by direction the Governor, may, tlê Oidiuauce. by such civil or criminal proceeding as the case enforce require, compliance with such provision,by the recovery may of penaltiesor otherwise according to law. No such (2.) proceeding shall be taken by the Attorney General until the expiration of twenty-one days after he has given notice to the the same. to take Company of his intention This shall be deemed and be be cumulative to to (3.) provision without other t o the jarejudice any remedy or process against Company the part of His on Majesty or of any person or body. this Ordinance has
not
55.- -(1.)Where
it appears been
424
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1870.
OEDINANCE
A.D.
"
No.
OF Refuse from
1870. Matter from
1870.
"
"
An
Ordinance
Distilleries
to
to
on
prohilMt the
Plantations the open
being allowed
and
for other
flow
into
Trenches,
pm'poses.
[1stOctober, 1870.]
practiceof allowing the refuse from matter distilleries, commonly called lees, and other impurities, remain trenches of planin the open to flow into and tations, and that the said practice is prejudicial the public health, to and ought not to be allowed to continue ; whereas should And it is expedient that be prothe said practice hibited
to
WHEREAS appointed
it appears
from
and
the
Report
on
of the
certain
Commissioners
inquire
report
Be
it therefore and
consent
enacted
of the
by
the
Governor
of British
Guiana, with the

follows*:
"
advice
Short title.
Court
of
Policy thereof,as
as
1. This
Ordinance
owner or
may
be cited
the
Lees
at
Ordinance, 1870.
time
or causes on or
Penalty foi"
refuse allowiiif,'
matter to
or
2. The
to
be
brought
of any to flow
plantationwho
into any other
any
sulfei's
canal, trench,
in any
or
drain
such the
tation plantillation dis-
lees
flow into
to be
canal, etc., so
as a or
any refuse of rum, becomes of

not
an so
matter, lees, or
impurity produced in
such
whereby
as
the water
nuisance
foul
to be
canal, trench,or drain to health, shall be guilty injvu'ious

be liable
to
a
nuisance health.
injurious to
thereof,shall
penalty
suffers
exceeding two
3. The
owner
hundred
of any to flow
dollars.
at
Penalty for
allowing refuse
matter to
or
plantation who
into any
any
matter
time
or
causes
or
to be
lees
the the
brought or of such vicinity

distillation is of
jjond,reservoir,
refuse
or
flow into
plantation any
rum,
in on or swamp lees produced in
trencli, etc., to he so as
health
caused, shall
liable
injurious to
healtli.
thereof,shall be
Provided
reservoir and remain
or
to whereby any offensive effluvium injurious convicted be guilty of an offence,and, being hundred dollars : to a penalty not exceeding two
always that pond, and

therein,in
from
it shall be allow such the
lawful said
for any
such
or as
owner
to form
refuse
matter
lees to flow
into
exceptional localities
of and
sanctioned
obtaining
licence date
l"ythe Governor-in-Council,and on the Governor of authorityto a licence

remain any in force such for
more
be approved may said owner the do so, which said months from the time
to
shall not
than
be
twelve
thereof
; but
licence
may
renewed
from
time
by
Additional for jiciiiiUies contintiancc nuisance. of
the Governor.
4. In addition
so
to the
said
the penalties
a
owner
of any
such
tion planta-
in the
offendingshall like manner) of

which
a
be liable to
not
more
further
penalty(to be
recovered
than such
during
as
the
water
or
in
any
to
be
nuisance
so
injuriousto
of the
twenty-five dollars for each day canal, trench, or drain is so foul health, or during which such ofl'ensuch
on owner
sive such
effluvium
continues, after
has such
been
convicted
of
offence,
exclusive
day
which
conviction
takes
place.
A.D.
1870.]
LEES.
[No.
for
1.
425
5. All complaiutsand
tho
informations shall of
anything
or
done and
provisions of
this
or an
Ordinance
be
preferred
contrary to laid l"ythe
Proceediii";" for
contravention of tlie
by a District Corands- Ordinance. of before a Taxation, Stipendiary Magistrate diary Stipen; and every sary and to authority Magistrate shall have full jurisdiction, power, such information on or hear,determine, and adjudicate complaint every and to to impose such as penalty under the provisionsof this Ordinance of procedure, the form him and to seem meet, according subject may Ordinances for the time being in force to the appeal,provided by any iSreOrdinanves No. 12 f"/lH93 procedure before StipendiaryMagistrates in the exercise of and regulating No. V6 of and their summary diary 1"'J3. jurisdiction appeals from the decisions of Stipenprosecution for any always that no Magistrates: Provided InspectorGeneral
Inspector
ofience under
this Ordinance the shall be commenced without
Police,
the written
authorityof
6.
"
Attorney
General.
(1.)If, after hearing any such complaint or information, the Stipendiary Magistrate considers that the offence charged has been with proved, he shall proceed to convict, and to order the payment forthof of such with the the costs complaint or penalty, together
information.
Recovery of
penalty and
costs.
diary (2.) Unless such penalty and costs are forthwith paid,the StipenMagistrate shall thereupon furnish to the person prosecuting a and fair copy of the compluint or information his adjudication thereon, the party prosecuting shall then lodge his hand, and certified under
the
same
with
the
amount
Receiver of
General
such
or
the Assistant
Receiver with
General.
penalty,together General the Assistant or by the Receiver Receiver tion execuGeneral, for the publicuse of the Colony, by summary named the in information the or complaint against plantation and Provided : adjudication always that if an appeal is made, all shall be stayed until such appeal has been proceedingsin execution finally disposedof.
recoverable of Depositing; of provisions penalty and Court in shall be in the Supreme this Ordinance costs in in which the Stipendiary Magistrate has imposed a penalty, of appeal. any case is deposited with the unless of such penalty and costs the amount within General Receiver ten the Assistant Receiver General days or after such has been so convicted, together with fiftydollars person
(3.) The thereupon be
all costs, shall
7. No
appeal made
by
convicted any person allowed entertained or
under
the
case
for
costs.
8.
Whenever
in any
complaint made
under this
or
information
for the
laid,or
recovery
in of
any any
Proceedings
may
"
proceedings whatever, penalty or otherwise, it

or or owners
Ordinance
be ajjninst
"
owner
of
of persons without
any
refer to the owner to mention is necessary or shall sufficient to designate him, it be plantation,
such
or as plantation,
plantation.
the
owning
name
the
'"owner
"
of such
tation, plan-
names,
or
further
description ; and
the
or are. owner
it shall not
or owners
be necessary
of such
in any
so
such
plantation
summonses,
proceedingto prove who is proceededagainstreally

summations,
to
or
9.
All under
and
notices be
in
appealand
on
in
proceed- Service ings

owner
of
etc.
this Ordinance
requiring to
served
the
of
siunnions,
any
plantation may
prominent
be served
the actual
some
management
of such
part of the
the person in chai-ge or having on to or by affixing the same plantation, principalbuilding or dwelling-houseon either
such
plantation.
426
"No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1870.
ORDINANCE
No.
OF
1870.
An
Ordinance
Panama and
to
transfer
to
the
West
India the the
and
Telegraph
Company,
Limited,
Rights
national Inter-
Privileges
Ocean
heretofore
granted
to
Telegraph
Company. [16th April, 1870.]
No.
of
1869.
WHEREAS Ordinance,
the
terms
by
the
International certain Ocean
Ocean and
Telegraph
were
Company's granted
to to
1869,
rights
privileges Company, Telegraph

West
International conditions
Telegraph
;
subject Company
and
the
and
therein
said
expressed privileges
;
And
whereas all
the
its
International and
Ocean
to
has
transferred
rights
the
India
Panama
Telegraph
And such transfer
Company,
the
:
Limited
Governor
whereas
and
Court
of
Policy
have
consented
to
Be
it therefore and
consent
enacted
of
by
the
Governor of
of
British
as
Guiana,
follows
:
"
with
the
advice
the
Court
Policy thereof,
Sliort
title.
1.
This
Ordinance
may
be
cited
as
the
West
India
and
Panama
Telegraj^h Company,
Transfer certain of
Limited,
Ordinance,
1870.
2.
riglits
and
All
the
rights
1869,
and
privileges granted
the
be
to
the
International
Ocean
statutory
and
to
Telegraph
Ordinance,
India
terms
Company
Panama. conditions
by
shall
International
and
are
Ocean
Telegraph
to to
Company's
the the West
same
privileges
the ^^'.I.
hereby
transferred
P.
Telegraph
and and
Telegraph
as
Company,
in the said
Limited,
Ordinance
subject
Company,
Limited. No. 3 of 1869. of
are
expressed.
Transfer
3.
tain cer-
The
West
to
India the Ocean
and
Panama
Telegraph by
the
Company,
said
Limited,
on
shall the
statutoiy obligations
to
be
liable
all
obligations imposed Telegraph Company.
Ordinance
International
the
said
Company. Application
of
4.
to
All
the
provisions
Ocean
of
the
said
Oi'dinance shall
with
respect
the West
to
the
I India
statutory
International
and Panama
provisions
the said
Telegra})h Company Limited. Telegraph Company,
apply
to
Company
428
No.
4.]
The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1870.
be Part
Officers Oath
to
take
8.
Oath
of
Allegiance
each of the
as
and
the
Official
in
Oath
the after
shall
First his
tendered
of the of
giance of Alleand
to,
and
taken
to
by,
this
officers
soon
named
as
Official Schedule First
Oath.
:
Schedule
office.
Ordinance,
may
be
acceptance
Part. to take
Officers Oath
9.
each
The of the
Oath
of
Allegiance
named
as
and the after
the
Judicial Part
Oath of the of
shall
be
taken
to
by
this
giance of Alleand
officers
as soon
in be
Second
his
Schedule
office.
Judicial Schedule Second Case
Oath.
:
Ordinance,
10.
or
may
acceptance
Part. of officer
If
any
officer
reiiuired to
take oath
neglects,when
is
specifiedin the Schedule oath required to be any

tendered
on
to this
Ordinance
declines
under sh he this
taken such
same,
by
oath,
and
him he if
Ordinance has
duly
same,
to
him,
be
to
take
dl, if he
has
not ;
declining or neglecting
to
already
on no
entered
his he
office,vacate
the
do
entered but
to
the
so.
person
same
shall
be
the same fi'om entering on disqualified appointment compelled, in respect of the same shall such oath
or
the
office,to
one.
take
make
such
affirmation
more
times
than
Form
of oath
1 1
.
The
following oath
of the
shall
be
taken
by
every
person
appointed
soon as
to
of iixecutive Councillor.
be
be
member his
Executive
Council
of this
after
acceptance
:
"
of office and
before
Colony, as exercising any
of
the
may tions func-
thei'eof
"
I,
Council of His Majesty's Executive being chosen and admitted that I will, to the best of my G\iiana, do swear judgment, at all times when and ad\'ice to the thereto counsel Governor, required, freely give my said the of the Lieutenant Government Governor, or Officer administering of the public affairs being, for the good management Colony for the time shall be thereof ; that I will not, directly or as indirectly, reveal such matters but in Council and committed debated that I will in all things to my secrecy, in British be
a
true
and
faithful
Councillor.
"
So
held
me
God."
Form to he
of oath taken to the
12.
exercise
The the
following
functions
on
oath
shall
Ije taken
to
of Clerk
the
officer appointed to by every of this Colony Executive Council

:
"
hy Clerk
Executive Council.
before
"
entering
the
duties
of
his
to
office
I, Majesty's directly
and
being
Executive
or
appointed
in such -So
exercise
the
functions do shall
swear
of
that
Clerk
I in
to
His
Council
British
matters
Guiana,
as me
will
not,
indirectly, reveal
to my
be
debated
Council
committed
secrecy.-
help
God."
Saving
oaths
to
as
to
1 3.
taken officers
Nothing
in this of
Ordinance
the
or
shall affect
of
the
oaths
required
taken
by
of
members the
Court any
Policy, Financial
persons, may the Oath be
not
required to be Representatives,
officers
in
he
by
certaiji
Militia,
of
:
other
being
the
persons.
service ])ublic take

to
an
His
Majesty,
that of the sucli form
who
oath
Provided
form for
when oath of
of
be
taken,
the
suliscril)ed
the
to required by any is required Allegiance shall by this Ordinance
law
be
substituted
be
Oath
of
Allegiance
heretofore
to recjuired
taken.
has
or
Saving
officers
as
to
14. been oaths
No
officer
mentioned
in
the
Schedule has
to
this
Ordinance such
on
who oath
hereto-
heretofore
as
and ap[)oinl(!d, been
who
and
sworn
may
have
heretofore
to
already taken required to be taken

oath
under
his
ment, appoint-
shall be
required
take
any
this Ordinance.
A.D.
1871.]
CIVIL
LIST
ESTABLISHMENT.
[No.
1.
429
SCHEDULE.
Lists Offkkus Oaths.
Section 8.
of
uEQriREn
to
take
First Tlic The The The The

1'he
Part.
Attorney King's Advocate

Crown
General. in
Admiralty.
Solicitor General. Solicitor. (iovernment Auditor Receiver Assistant
Secretary.
Assis^tant Government General. General. Receiver
Secretary.
The The The The
General.
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 The The The The Chief Justice. of Vice-
Part.
Section
9.
Puisne Judges. Judge of the Court Justices
Admiralty.
of the Peace.
OEDINANCE
An Ordinance Valorem
to
No.
OF
1871.
provide for the Levying of Duties during the Existence of

in this
certain
a
Ad
a.d.
*
i87i.
Civil List
Estabhshment
Colony. [13th September, 1871.]
HEREAS
of
a
Civil
it is necessary to make provision for the maintenance List Establishment, for so be long as the same may in this
: Colonj'^
in existence
Be
it therefore
enacted
by
the Governor Court
of
the advice
and
consent
of the Combined
British Guiana, with thereof,as follows :

"
1.
Whenever,
during
the
existence
no
List Establishment
in this
Colony,
of the present or any other than provision
future Civil the present
Power
during
pêsg*iT^^!
430
No.
Civil
1.]
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
1871.
future
i"^made
in' of' defauU

other four per cent.
of the amount by the Colony for the payment payable in supand there shall be collected tax or duty of a levied, thereof, raised, P'^^'^ dollars and for
on every merchandise
provision, four
wares,
one
hundred
dollars
of
the value
this of and
are
whatever
;
duty
on
im-
entered
exportation
to
and
the
imported proceeds
amount,
Revenues
into
of all goods, Colony, and not

tax
such
shall
to
be any
and poris,
'
first to the applical)le, purposes Provided that which
payment
the
of such
afterwards
"jther proceeds'^"
thereof.
made
by
the
shall remain
: applicable properly and whenever so long as other sutficient provisionis Colony for such payment, the operationof this Ordinance and be susjjended.
Colonial
OEDINANCE
An Ordinance Petroleum
No.
OF
the
1872.
A.D.
1872.
*
to
provide
other
for
Safe
Keeping
^
of
and
Dangerous Goods,
[13th July, 1872.]
WHEREAS petroleum
Be it therefore and the advice
expedient to provide for the well as its products, other as specially dangerous nature :
it is and
safe
keeping
of
of
a
substances
enacted
of the
by
the
Governor of
of British
Guiana, with
follows
:
"
consent
Court
Policythereof,as
the Petroleum
Sliort title.
1. This
Ordinance
may
be cited
as
Ordinance, 1872.
be in
Power
to
the
2.
sucli
be
"
(1.)The
in The Proclamation
Govemor-in-Council
Coundrto"
declare what
are
lished
Gazette,declare Official
are
l)yproclamation to may, named that any goods
pubany
goods
gerous,
to
etc.
dangerous within the specially thereof may meaning of this Ordinance, and may fix what quantities ^"^ kept as hereinfter also prohibit the importation provided,and may certain the of a or degree of keeping of such goods when amend and from or time to time, in like manner, inflammability, may
to
be
deemed
cancel
any
such
Proclamation,
which
and
are (2.) Any goods dangerous shall, so long as specially to be force, ]"", deemed specially dangerous
Proclamation. issue any new such Proclamation by any such within Proclamation the
declared
is in of
to
be
meaning
this
Ordinance.
(3.)Such
the test
and
or
Proclamation
to applicable
so shall,
far
as
tests
such
goods,and
to tests
may the
or
which
will render
it unlawful what persons
import
shall also state
by
shall be
state practicable, bility inflammaof degree to keep such goods, applied.
be
Ajiiiointnient
nf magazines
3.
withm
"
(1.) The
the
Governor-in-Council
for storage of
mation, ai)point magazines

.,.,^^
-jî-z-^t
time, by Proclafor the storage of specially dangerous goods

may from time
to Ordinaace.
on
dangerous
nieanmg
or
this
"f""ds.
^
(2.)There
'Jhis Ordinance to
as explosives
shall
is
be
paid
such
goods kept therein
such
so
storage
as
repealed by the ExplosivesOrdinance, 1889,
far
relates
defined
hy
that Ordiuaneo.
A.D.
rent
1872.]
as
VETROLEVM.
time
[No.
by
any Tax
1.
431
may
from
time
to
be fixed
Ordinance
for the
time
lêingin force.
"
4.
this
(1.)All goods proclaimedto

the
l)e of
specially dangerous
may be introduced
nature
"within
meaning
shall be
as
of
this
as
Ordinance
which
into
Colony
s.
landed may
in such
magazines
l)e
directed by Pi'oclamation,and be stored provided for that purpose. (Amd. G of
Landinj;, etc., ""f (luii-ieroiis Koocls.
1904,
on
3.)'
such goods not shall become seizure, of such
a
(2.)All
such if
so
landed
;
and and
stored all such

to
shall be seized,and,
forfeited
goods so introduced,
render their
they are
:
as degree (jf inflammability
tation imporfeited for-
unlawful, shall
Provided
owner,
or
be
seized,and,
on
such
seizure,shall
this section fourteen may
become!
that all
the
goods seized
under
be claimed the
b}'the
date
agent of the
owner,
within
days from
of the seizure.
"
5. Governor-in-Council (1.)The by Proclamation, fix the Fixiiii,' of may, quantityof specially dangerousgoods to be kept on any premisesfor sale, quantity of danjjerous and also to be kept on any private premises. goods to be who such (2.) Every pers(m keeps on any premises respectively kept premises. shall be liable to by Proclamation an}^ largerquantity than is allowed in any such a dollars, and, on conviction penalty not exceeding fifty all such goods shall, without any other process, become forfeited. penalty,
on
Removal of tion, issuingof any such Proclamadangerous of premises any quantity dangerous goods to magaspecially may zine is allowed to be kept thereon, goods greater than by such Proclamation after shall at once the excess to be removed cause to a magazine ajjpointedProclamation. for the storage of specially dangerous goods ; and any such excess found after on the issuing of such seven premises da3's from any
6. All persons
have
who
at
the
time
of the
on
their
Proclamation
shall be
liable
to
seizure,and,
fourteen seized
on
such from
seizure, shall be
the
unless forfeited, seizure claimed from

:
claimed
within all
days
under
date
of
the
Provided
that
goods
this
section
the owner, the agent of the owner, or the date of the seizure.
by
within
be may fourteen days
7.
"
(1.)All
persons
on
who,
their
Proclamation, have
make
at
degree of inflammability as
declaration thereof
who
to
same
to liberty
export the
person
of the issuing of any such Mode of dealtime at the with uig premises any dangerous goods of such a dangerous makes it unlawful shall to keep the same bited goods prohito be the Comptroller of Customs, and shall be under the supervision of the Comptroller.kept. make such declaration and
(2.)Any
within
liable to
a
does not
from
tion, exporta-
the issuing of such Proclamation, shall be seven days viction penalty not exceeding one hundred dollars, and, on his conthe goods shall, without penalty, any
in such forfeited
:
Provided
within
that if, in the opinion of the
process, such Comptroller,
other
be
portation ex-
such the
period
same
is
the Comptrollershall impracticable,
be
at
in
to cause liberty some magazine to
exi:)ense of the owner, for the i*eception of dangerous goods ; and the owner
to at
be stored, within
of
the
shall be bound the

same
export
the
same
one
month
from
the
date of
being so stored,on
lawful
or
pain
tlie same
becoming
Police
or
forfeited. sary CommisPower Police to of trict Dis-
8.
It shall be of
for any
for any
at
of Inspector
District
Taxation,
Inspector or Commissaiy, all specially or dangerous goods kept,offered, exposed for sale such and of such goods test, any description inspection upon
authorized person all reasonable times
in
writing b}^ such

test
;
Inspector
or
and to insjiect
and
sary Commisof Taxation

to
if,
and
is found
inspect
test
432
No.
1.]
THE
LAW^
OF
BRITISH
GUIANA:
[A.D.
to
1872.
dangerous
kept,offered, or exposed for

of the
same
sale
as
aforesaid
contrary
the
goods.
this Ordinance
same
or
shall
be
a
any liable to
of
Proclamation
issued
in pursuance
provisions hereof,
be
shall retain
same
sample
been
thereof
the
may
have
found
the person so seizingthe the whose in ; possession person shall be liable to a penaltynot exceeding
and
seized,and
his conviction in such dollars ; and, on penalty, the goods shall, fifty forfeited : Provided always that any without other process, become such the last-mentioned person
as
may, shall
at
the
time
of
someone
have trial,
portion of
test ;
samîle retained
if such person in
aforesaid
liable
tested
by
having competent
of such of
same
chemical and
knowledge, who
is held shall analysis
costs
give
evidence
of the result
cost
mentioned
as,
be added
in any to, and
penalty,the
recovered offence
:
such
last-
in the
manner
the
the under
prosecution for
this section within
the
Provided, also, that
all the
goods
agent
seized
of the
owner,
l)e claimed may fourteen days from
by
the
owner,
or
the
date of the
seizure.
Power and
to
enter for
9.
If any of
to
Officer
of Customs,
Inspectorof Police,District
constable has
sary Commisreasonable the

ing mean-
search
cause
premises
dangerous goods.
or Taxation, policeofficer, knows, or dangerous goods within suspect, that any specially are
of this Ordinance such

case,
illegally kept
upon
oath
made
by
of
such
any Officer of
on
premises, then
and
in of
Customs, Inspector
of such
Police, District
before such any
cause
Commissary Stipendiary Magistrate

of
Taxation,
of
or police officer,
constable
or
the
fact
knowledge
under his Magistrate may, by warrant hand, authorize such Officer of Customs, Inspectorof Police, District officer, or constable, with or without Commissary of Taxation, police he knows or assistance, to enter into and search the premises wherein and be the and such seize the to to same owner kept, goods ; suspects which the same found in possession of the premises on are or person dollars ; and, on his shall be liable to a penalty not exceeding fifty other without in such conviction penalty,such goods shall, process, become may fourteen be
suspicion,such
forfeited claimed
Provided
the the date
that
all
or
goods
the
seized of
under
the
this
owner,
section
by
owner,
agent
within
days from
of the
seizure.
Disposal
forfeited
of
goods.
(1.) All goods forfeited for being of a degreeof inflammability their shall be importation or keeping unlawful destroyed. of the quantity allowed (2.)All goods forfeited for being in excess and to competition by the seizingofficer, to be kept shall be put up for two weeks sold by him to the highest bidder, after advertisement Gazefte and one in the Colony. in 71ie Oj/icial ])ulilished newspaper
10.
"
which
renders
Penalty
for
ol)Striii-ting,
etc., person to authorized
enter
11 Every in his legally

.
person power
to
who, by refusingto
open,
to
or
open way,
any
door
which who
it is in
in any
other
or obstructs,
and
any under
waj
molests, opposes,
this
or
or hinders,
impedes,any
Ordinance otherwise
who
enter
search.
search
this be
ascertain
removes,
premises or any whether there has

throws away,
or
authorized person vessel,and there to been

any breach of
Ordinance, or removed, thrown

to
in order
prevent
to
a
sliall be liable
or destroyed, any impede any search for or seizure of the dollars. penalty not exceeding five hundred
away,
or
to or causes destroys, dangerous goods, specially same,
Making, hearing, and

detennination
12."
(1.)Every
must
claim
state
allowed in what
to
be way
made such
for
goods
seized
under
to be
this Ordinance
seizure
is averred
A.D.
1872.]
shall
TRUST
MONEYS
OF
SEE.
[No.
2.
433
and illegal,
trate to
be heard
and
determined
by
any
Stipendiar}' Magis-
of claim
for
whomsoever, according to the provisions of, and shall be subject the appeal respectively for the time provided by, any Ordinances
in force exercise of
"""^'' seized.
being
in the
decisions
Ordiregulatingprocedure l)efore Stipendiary Magistrates '*"'"" of their summary and jurisdiction appeals from the "^'V'ono''^"' /^ JVo. 1.Vo/ih"J3. StipendiaryMagistrates.
(2 )
but the
If the claimant person
is
he unsuccessful, in
no
case
shall be condemned
in costs unless
seizing
decides
shall
be condemned that
there
was
in costs
no
the Court
cause
which
the case,
certifies
probable
for seizure.
All
13. be sued
under penalties
recovered
this
Ordinance,
the
whatever
their amount,
shall the last
Procedure
and
for and
under
of, and provisions
subject to
"PPeal.
referred to in the appeal fespectively provided by, the Ordinances preceding section,before any StipendiaryMagistrate whomsoever.
14.
Whenever
there
area
claim
and
proceedingfor
be heai-d and
relatingto the same matter, they the same Magistrate.

15.
be All
shall
determincvl
both penalty, by
DonLle
jn-o-
'êt'diiigs.
entitled
of acting under the provisions persons the to protection afforded by the
this Ordinance Justices
shall
Protection pei"on
of
Protection
aeting
Ordinance, 1850.
"JJ^Lnce.
No. 2 of 1850
ORDINANCE
An
No.
vest
OF
1872. certain
Ordinance
voted
to
in
Trustees
Moneys
a.d.
1872.
*
for the
See
of
Guiana.
August, 1872.] [7tli
WHEREAS day
of
at
Meeting
of the there
Combined
Court
for
held the
on
the
28th
of was May, 1872, granted purpose for for of Guiana residence the an episcopal providing Bishop of twelve
the
sum
thousand
it is
to
dollars
And
trustees
whereas
in
:
desirable
carry
out
that
this
sum
should
in
manner
be
vested
in
order
this purpose
hereinafter
provided
Be
it therefore and
consent
enacted
of the
by
the
Governor of
of
British
Guiana,
follows
:
"
with
the
advice
Court
Policy thereof, as
dollars
upon
1. The
vested
in
said
the
sum
of
twelve
thousand
shall the said
become
trusts sum, to
and and pay
be
for off
Vesting
tnisipps
of
trustees
hereinafter
established
"
P-''^**''"
lor
that is to say, the purposes following, certain mortgages to put in on, and
Out
of the
certain purposes,
complete
order
and
the rei:)aii-,
premises known
and south forty-nine, fift}', quarter t)f number in Kingston district, and Lot in Georgetown, the fifty-one, have held been heretofore l)y his Lordship buildings thereon, which and his successors the present Bishop of Guiana for himself in the
as ers
lots numi
See, and
the
remainder
of
the
said
sum
to
hold
on
the
trusts
after herein-
declared.
434
No.
2.
trusts
2.]
The
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
..g..
1872.
ahoveon
Vesting of
.said
are
premises, including the
land
and
build. ings
premises, etc. in Kingston,

in trustees.
mentioned,
hereby
of the
declared
to
be
vested in the said trustees
the
hereinafter
The the whole
declared. remainder
be his held
successors
Powers
and
3.
and
of the
trust
money
in
above
trust
mentioned
the
fnnc'tions of the trnstees.
premises, shall
of Guiana and
by
the
trustees
for
Lord
retain
Bishop
the in
same
in the money and fit, the
See, with
in their with the
to liberty
premises, and
manner as
to invest
such
they
concurrence
may
any think
hands
at
interest
or
interest
the
thereof })rincipal think time with fit,
to
repair or
the
improve present premises, or, if they of the Lord Bishop of the See for the
the
being
dollars
to
sell and
dispose of
of the their
erect
present
of the with
premises, and
the
sum
with
the
proceedsand
to
an}^ portion remaining in land

as
remainder
of twelve
sand thoueither such
hands,
such
like concurrence,
or
purchase such
and
buildings,
suitable time
to
a
purchase
that
land and
tlie whole
for the Lord
buildings, they may Bishop of the See for

of for the any money purpose
at
consider the time
for
dwelling-place
when is the
trustees
being :
hands
Provided
of
expended
any in conformity with
in the
trust, the Lord Bishop of the See for the time for the purpose, unless other provision is made
and him.
repairthe premises vested

4.
in the Trustees
of this provisions being shall be bound, to keep in good order for a dwelling placefor
the
Appointment
of trustees.
(1.)The first trustees appointed such) shall be

"
under James
this
Ordinance
Grant and
(who
are
Mayer
George
wish
to
hereby Henry
resign, them, it
their
Oliver.
(2.)Tn
or
case
of the
to act, declared death, inability
permanent
departure from
for the
or
the
Colony
and
a
of
either
of
or
or
l)oth of
shall l)e lawful

to
Governor
Court
trustee
Policy, by Resolution,
trustees
appoint another places.
others
to
be
in his
or
place or
ORDINANCE
A.D.
"^~
No. the Branch Better
OF
1872. of the
1872.
An
Ordinance
for
Government
British Guiana
of Scotland.
of the
EstabHshed
Church
WHEREASBranch
of the
it is
Scotland
Ses.sions expedient that a Presbytery and Kirk of Church in this Colony of the Established for established should be recognized and enforcing its ministers and
amongst discipline
Be it therefore and
consent
membei's,
and
for other
purposes the
enacted
by
be
the
Governor of
of British
as
(Uiiana, with
follows
:
"
advice
Short title.
of the Coui't may
Policy thereof,
as
!" This
ment
Ordinance
cited
the
Church
of Scotland
(lovern-
Ordinanc(!, 1872.
In
"
Tnterpretution
of terms.
2.
this
Ordinance,
of Scotland
unless
"
the
context
otherwise
as
requires,
"
Church
means
the Church
established
Britain
by
law
in
tliat part of the United
Kingdom
of Great
and
Ireland
436
No.
3.]
THE
LA
WH
OF
BRITISH
GUIANA
[A.D. 1872.
shall be
in the
finallydetermined
Church
QuoniiD
at
of such election the validity (2.)All questions respecting the by Presbyter3^ ) The term of ofBce of such elder shall be the same (3. of Scotland.
as
7. At
a
meeting of Presbytery.
every
or
a
libel
meeting of the Presbytery, except a meeting for preparing libel in the a meeting for receiving and entertaining
two must
first
sufficient to constitute Absence, etc.,

of
or
instance,three members, of whom a meeting.

Whenever other the
cause,
be
ministers,shall
be
8.
or
Moderator
to
or
Clerk
is
Moderator Clerk.
unable,
from
absence
any any
him,
meeting may
perform appoint some
duty properly performableby any to qualified perform such person
duty.
Powers and 9. (1.)The Presbyteryshall be, and is hereby declared to be, the of authority Supreme Ecclesiastical Court of the Church, and shall have full power the Presbytery.
"
to
inquire into
would
any
which
to cite to
summon
be offences
all necessary affirmation
charge against any minister of acts to the Ecclesiastical Law according

to appear
or
conduct
;
of Scotland
the party accused
before it and
and
an
answer
to such
charge ;
witnesses in
cases
examine
them
the production of such oath ; to require of an deeds, evidence from be to to day or for a as : writings adjourn day may necessary longer period until the inquiry is concluded ; and to pronounce of censure, of the case sentence the nature or as deposition, suspension,
or
upon instead
solemn
where
affirmation
oath or upon is allowed by law
may
require.
(2.)In
General 1707.
any
such
the instructions
contained
of
Assembly
the Presbyteiyshall have regard to ^proceedings, of Process in the Form approved of by the the Church of Scotland on the 18th day of April,
against Minister Proceedings

Ministers
for Misconduct.
conduct minister
10. Any
Law of for
minister of
guiltyof
or
any
act
or
a
which, by
of
the law Church
of
to
subject to
of Chm'ch Scotland misconduct.
the Church
censure,
subject on shall, conviction, be censured, deposition suspended,or deposed,accordingto the nature of the offence : Provided that every proceedingagainstany this minister for a.i\j offence under
or
Scotland, would
that
suspension
Ordinance
absence service
shall
be
commenced
within
twelve
months
not
after
the
mission com-
of the offence
not
and or alleged chai'ged,

as
afterwards,(leaveof
being reckoned
on
of citation
the
accused
part of the said twelve months,)and the shall provided party as hereinafter
be deemed
Mode of
sation accu-
the commencement
of any
proceeding. by
minister any person is accused and in
or writing,
11.
know
If the from
common
Presbytery are
informed
making
minister.
against c;on(luct appears accused

to
report, that any
punishableby
be
virtue of this Ordinance, well-founded,the Presbytery may

accuser,
of any act or if the accusation
the individual
:
Provided
no
prepare, or ma}^ permit if any, to prepare, a libel against the party bytery, always that no libel shall be preparedby the Pres-
and and
libel
prepared by
first
any
other
at
person
a
shall be received of the Presbytery
entertained
at
in the
not
instance,except
five ministers
meeting
which
every
to
less than
in
shall be present. of the offence that the
lôwer
to the
12.
it
In
case
which, from the

be
nature
charged,
accused
to l'resbytei7 inliibit minister
app(!ar.s
the
Pi'esbyteryto
undesirable
pending charge.
A.D.
1872.]
continue be
CHURCH
OF
SCOTLAND.
[No.
while
to
cause
3.
437
party should
served
on
to
officiate for the
as
minister
such
a
charge is
to
pending, it shall
such
lawful
at
Presbytery
any
notice
be
party
any
time, pending
proceedingsbefore
the
after Presbytery or pending a reference to the (General Assembly as hereinsaid from service the performing provided,inhibiting party any and after the expiration of fourteen of the Church from days from has until the of such notice been service sentence finally given and of also to make in the cause, provisionfor the administration Parish of religion in any the ordinances or Chapel so long as such Provided in force : notice remains always that such inhibitif)n shall minister's affect in no the inhibited right to his stipend and way
manse.
13.
in the with
The
libel shall be drawn

Courts
as
near
as
Ecclesiastical reasonable
of the
Church
be in the form adopted Manner of may preijaringand of Scotland ; shall set forth
libel issiiin}"
of each offence charged ; shall precision the nature the place wdiere, each offence is alleged state the time when, and or rator reported to have been conmiitted,and shall be signed by the Modeand if any, whose true Clerk, and by the individual accuser,
iigiiiust
minister.
place of
and
to
answer
abode
shall shall
to
be written
be cite endorsed the
after
an
the libel there
signature ; and on instruction,signed by

tf) appear
his
the back
tor the Modera-
of
Clerk,
to
accused
at
before date
the
named
Presbytery
in such
the
said
charge
the
place
and
instruction.
14.
shall be
any be
list of the
to
witnesses
to
be
adduced, and
of the libel ; and
of the
articles
or
Lists
of and
documents
time
be
produced,in
in
proof
way the
as
the libel shall be that such
prepared,and
may
at
witnesses documents.
signed
be made
the
to
same
additions
such way
provided list,
as
every
addition
shall
signed in
15.
The
the Clerk
of
same
list. original
Manner of
shall prepare the

said
thereon, and
hand
to
of the instruction copies of the libel, such and shall certify list, copies under his
cause
serving libel
on
be true, and
be served
shall
without
his citation
of the
accused
and
the said
minister.
his last known
at or delay upon the accused personally, abode, thirtyclear days at least before the day of such of appearance service,all proceedings under ; and, in default shall be void, unless the accused the said citation voluntarily appears and shall be waives such service : Provided always that the accused held to have waived objectionto the citation or service if he appears and the libel without and that the to stating such objection, pleads be stated of the which judgment Presbytery upon any objection may
copiesto
place of
to
the
citation The
or
service of
shall
be
final.
messenger been shall
16.
affidavit
the
Clerk's
be
held
full
and
P"idcnce service.
of
sufficient
evidence
of such
service and
having
his of
answer
executed.
than
an qualified un-
17.
the and
If the
party appears
of
admission
the truth
and
"
the
a
charges
Court
other is any contained under this
Maimer tlie
of in
in the
libel, proceedings
Court.
to Presbytery shall pi"oceed to
hold
Oi'dinance,
Presbytery
hear
the
cause, to
the
followingprovisionsshall thereupon
President,and
aid
;
have
effect,that is
say,
(1.) The
Moderator
shall be the
;
the Clerk
shall be the be
Clerk, of the said Court
(2.) Either
entitled
to
party
be
may
have
on
the
of
any
counsel, who
may
heard
his behalf
438
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1872.
(3.)All
their
witnesses
shall be
sworn
and
to
examined
in
testimony shall be
authorized
to
reduced
or
writing by
Court, and open the Clerk or some

shall be
duly
over
assistant
clerk
;
^jro
tempore, and
read
(4.)The
signed by proceedingswith
and
them
counsel, the examination
of respect to the ai'guments and addresses eviof witnesses, and the productionof dence,
See No.
Ordinance 19
of 1893.
be by the prevailing shall be regulated as near as may Court of British Guiana in its criminal of the Supreme practice jurisdiction ; and (5.)The findingshall be that of the majority of the Presbytery,and shall be delivered, and the sentence shall be pronounced, the finding in open
Court.
a or
Default member
of of of
18.
If, after
refuses
cause, or,
attendance
has been member instituted, process any the fails to attend Presbytery Court withdraws shall His without for every
excuse
of the Presbytery without before of refusal cient suffi-
Presbytery.
termination
of
act
having attended, the proceedings, he

and
the
or
day
for
absence
of
to
vote, forfeit
sum
the
Colony, the
at
of
execution Proceeding ex jmrte on nonaccused. Manner arriving and of

at
the
instance
Majesty, to be recovered fiftydollars, of the Attorney General.

to
the
public use by summary
19.
before
answer
If the
to
the
appearance of
20.
"
accused, being duly cited,refuses or neglectsto Presbytery, at the time and place appointed, and the libel, the Presbytery may proceed ex parte.
the
event
appear make
decided
(1.)In by the
vote.
of the votes
vote
being equal,the
Moderator,
who
case
shall have
be
no
casting
event
some
of
the
shall
pronomicsentence.
ing
deliberative
(2.)In
shall
the
at
of
then, or
convenient
or
sentence
of censure,
the Presbytery pleading guilty, proceed to pronounce day thereafter, of the the nature as or suspension, deposition, the accused accused
offence may
require.
the event of the
(3.)In
whether
or
being found
an
after guilty
sentence
in his presence or ex parte, of t he deposition, Presbytery shall not
offence pronounce
a hearing, involving suspension
until
after
of the days from the da}' of the delivery in order to afford an finding, opportunityof reference to the General Assembly, as hereinafter provided. the
expiration
of
ten
clear
Reforence
Reference
case
to
tlie General
Assembly.
of
21.
shall be
Within lawful
a
ten
days
of
from
to the
either
for the the
General
Assembly.
demand,
the
reference
Assem])lyof the final judgment or Provided sentence that such : demand, if not made shall be made in writing,addressed to the Moderator orallyat the trial, and signedby the accused party.
22.
(ieneral
it the day of the delivery of such finding, Presbytery to make, or for the accused to Colonial Committee, to case, through the Church before proceeding to of Scotland
Forwarding of copies of proceedings

in
case
Immediately
under the
on
such
reference
and finding,
or
demand
of and such
being made,
reference
or
true
copies of the
certified
to
libel, proof,and
Committee
or
demand,
tion considera-
of
hand of the Moderator

of the Church of
to
Clerk, shall be forwarded

the of that
reference.
the
Colonial
of
Scotland, for
and and such
decision
be
advice
the the
General said
it shall
competent
reference, to
disposeof
the
same
Church Assembly ; on Ass(^mbly, receiptof by pronouncing such deliverance (general
A.D.
1872.J
as
CHURCH
OF
SCOTLAND. conformable
[No.
to
3.
439
or
decision
to
of the practice
Church
it may seem just and of Scotland. such
the laws
and
23.
the
On
the
receipt of
deliverance
or
decision, and
in
not
Pronouncing Vjefore, such

"^sentence General
on
(inal sentence shall pronounce Pi-eshytery decision ; but it shall not be lawful for the such
accordance
act
with
Presbyteryto
the
decision, unless
and
the of
same
is certified under General
hands
upon any of the the

same
Assembly.
Moderator has
or
Clerk
the
Assembly, and
to
unless the
been
Clerk
forwarded
of the
the tiirough Presbytery.
Colonial Committee
Moderator
Suspensionand Deposition.
24.
Where
same
any
sentence
of
suspensionis pronounced by
under
the
Presof
Disposal
of
bytery,the
the Moderator shall be
extent
shall be certified to the Governor
the
hand
^jj^g^gj"'
dui-ing suspension.
and Clerk, and the stipendof the minister so suspended chargeable during the whole periodof such suspension to the of one-half for the performanceof the duties of his ofiice.
depositionis pronounced by the Presand be bytery,the incumbency, or other preferment shall become law the same shall thereupon be filled up according to : vacant, and Provided that any such sentence of deposition pronounced againstany minister annual to whom an stipend is assignedby any Ordinance for under the the time being in force shall be certified to the Governor of of 13 hand the Moderator and Clerk. 1904, s. 5.) (Amd.
25. Where
any
sentence
of
Vacation
of
depofit"ion of
minister.
Witnesses.
(1.)In order to pi'ocui'e the attendance of witnesses at any fit form seem as PresbyteryCourt, a citation, in such convenient may whose and signedby the Clerk, witness be served name on every may list of witnesses on a prepared and signed as hereinbefore appear may provided. the time and place at which (2.)Every such citation shall specify the witness the charge is is to attend, and the })erson againstwhom prefei'red. of twelve witnesses (3.)Eveiy such citation may contain the names ; able to read and a some bj'^ intelligent copy shall be served person,
26.
"
Manner
of and
making
service witness Court.
returning
on
at the
Presbytery
on wi'ite,
each
on
such
witness
and
return
of
every
such
service
shall
be endorsed
the original. (4.)If any person cited does shall })e verified by the oath of the
before the In
not
appear,
the
return
of service
taken
PresbyteryCourt
case
or
any
person Justice
making
the
service
of the Peace.
Maimer witness
or
27.
evidence
may of this Ordinance

or
residingin any part c)f the Colony whose any witness be required held Court before any Presbyter^' b}^ Wrtue
refuses
or or
of ing refus-
dealing with
to attend, without neglects
lawful
excuse,
ing neglect-
refuses
or
to
be sworn,
to
to make
affirmation, or
or
to
give evidence
when
etc.
to appear,
sworn
after
making affirmation,
the lawful
is
guilty of
any
other contempt
PresbyteryCourt, it shall be lawful for any Judge of the Supreme Court of this Colony, upon such witness motion made order of the to him to cause by Presbytery, to be brought before him, and to a fine not such witness to sentence exceeding ninety-sixdollars and to imprisonment for any term not exceedingthirty days,unless such fine is paid,and to make such order
of
or
disobedience
order
of such
VOL.
I.
30
440
No.
3.]
to costs
as
THE
LAWS
him the
OF
BRITISH
GUIANA Provided
[A.D.
1872.
as
to to
shall extend
Process issue such
not
may accused
seem
propei-
always that
aforesaid
this
right
party.
as
to
28.
the
a sum
No
against
witness
Judge
had
process shall issue against such witness is satisfied that the witness was duly been tendered
to
unless
summoned,
the
at
and
that of his
luiless has
payment
him and in
sufficient for his for
for the
paj'ment
a
for attendance been tendered. See No. Ordinance 19
reasonable diem
travelling expenses, according to the tariff

before the
remuneration
force
payment
Guiana
of
I'ate per witnesses
summoned
Supreme Court
of British
in its criminal
of 1893.
jurisdiction.
29.
or
Taking of
evidence witness
to
In
the
event
of unable
or old, or infirm, so being ill,
attend.
at
the
and trial, be may of such of
witness evidence
being about to leave the Colony, be unlikely to be able to attend to render it probable that the evidence of such so as lost,the party wishing to obtain or perpetuate the
as
of any
witness
to
witness, may,
at
any
time
before
or
after
the
to
mencement com-
proceedings
order to have
the
under
this
Ordinance, apply
examined.
the
Moderator
Making
order such of for of
course
for
an
such witness
30.
have
"
been
;
examination witness.
shall
be
party so applying is the accused, or if proceedings such shall make order as of commenced, the Moderator if have been not but, commenced, no such order proceedings made in writing, signed by the an application except upon
(1.)If
and applicant, is made.
settingforth
obtainer
costs
the
grounds
upon this
which
the
application
be
(2.)The
for all the
decision in the
Proceedings of
the Moderator in
of any order under incurred in consequence is in his favour. matter shall
section
shall
liable
final
thereof, unless
the
31.
first for such and the
The
Moderator of the and
meeting
shall
cause
granting
oi'der.
such
meeting
and
report the granting of such order at the and without shall, waiting Presbytery thereafter, without a delay,prepare duplicateof the order,
to
the
witness
be
time
placementioned
at
in the
cited,to appear, order, and,

at
if able if unable
to to
travel, at travel, to
order.
sidered con-
give evidence
When whom and such is to
his
own
residence
shall
at
the time
unless
mentioned
other
in the
by
32.
which
Such
moi-e or
evidence
be the
taken,
some
place is
presence
convenient,
to
vestry of the Church

in resides, of the members
of that the
Parish
of
in
a
evidence be taken.
nearest
which than
an
the witness
three
committee whom
at
of not
less
one Presbyter}^,
of
least shall be
elder,and
all of whom members the
shall of
be selected
the
the
Moderator, where
to
near residing
the
from practicable, placeappointed for

so
by Presbytery
examination.
act
as
Maimer evidence.
of
33.
another
"
(1.)One
as
of the members shall be
selected shall Court
convener
and
taking such
clerk.
(2.)The by by
the the
evidence
case
given in
open
upon
oath
or
upon
the as affirmation,
clerk, and
convener
and shall be reduced to writing require, may shall be read over to and signed by the witness and
and the
clerk.
of this
(3.)For
power
and
purposes witness. shall be
section,the
the oath
convener
shall have take
full
authorityto
such
notice
administer
to, t)r
to
the
tion affirma-
of, any
Right
of
34.
himself
Iûe
oi'
given
opposite party
at to n\)\)(-'AV
by counsel,at
the time of
hearing of
such evidence.
such witness, oi', instead
oppositeparty to appear by to cross-examine placeappointed, written to send interrogatories appearing, ;

to
the
and
A.D.
1872.]
in default of
at
CHURCH such
OF
SCOTLAND.
taken
[No.
as
3.
441
and,
notice,no
evidence
so
aforesaid shall
be admissible
the trial. and

six
to
35.
with
and
"
the
(1.)Every order issued of the last provisions
be
carried
out
in
conformity Sen-ice
served,
of euch
preceding sections
shall be
order, etc.
the service, if necessary, shall be verified, in manner provided for ordinarycitations on witnesses. be served (2.)Every person on whom failing an}'^ such order may or or refusingto comply with such order or to give evidence, being guiltyof any other contempt or disobedience of the PresbyteiyCourt, shall be dealt with in manner cited provided with respect to witnesses to appear in the ordinary way and tempt. guiltyof similar default or con-
36.
If
it is
proved at
the
trial, by the oath
or
affirmation
so as
of any
taken
not to
Use of dead
as
evidence absent
credible witness, that any person whose evidence has been dead or absent from the Colony, or so ill, or old, or infirm
is be
deposition of
or
witness.
all such examinations, cross-examinations, able to travel, 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.
Miscellaneous
Provisions.
Service process etc. etc of in
37.
"
(1.)In
the
all
process upon cient service.
service of proceedings legal againstthe Presbytery, for the time being shall be good and suffiModerator litem
legal proceedki'
shall
ad the power (2.)In all legal proceedings by the Presbytery, be signedby the Moderator and Clerk for the time being. AH
38.
for the after
property in this Colony heretofore

for the
vested
benefit
Church
of
of Scotland
shall be
any person considered,from and of the
in
Vesting of P'ôp^^'ty-
the
commencement
this Ordinance, the
property
Pres-
^^ iif
laru
bytery.
not specially 39. In all matters provided for by this Ordinance,the Power, and exercise the authority,and Presbyteryshall so far as may be practicable, possess like power and authority in all matters ecclesiastical and jjig disciplinary, piesbytenas are possessed,and may be lawfully exercised,by the several Pres- under the" of Scotland, and its proceedings shall be Ordmance. byteriesof the Church of the Church governed by the laws, regulations, practice process, and
of Scotland.
40.
Nothing
in this Ordinance
affect any right, or power, of the Royal Commission, any law

now or
shall in any way or alter, prejudice, authorityvested in the Governor by virtue in the Governor and Court of
Saving of
Govemorandof
the Governor and Court of
or
Policyby
hereafter to be in force in this
Colony.
VOL.
31
442
No.
4.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1872.
ORDINANCE
A.D. 1872.
-"
"
No.
(3F
1872.
An
Ordinance
to
establish
Precautions
against
the
Spread
of
Hydrophobia. [15th November,

1872.]
the
:
"
B
Short title.
it enacted and
consent
by
the
Governor Court be of
of
British
Guiana,
with
advice
of the
PoUcy thereof,as
as
follows
1. This
Ordinance
1872. be lawful
may
cited
the
Hydrophobia
Prevention
Ordinance,
Powei" Governor
to
the
to
2.
It shall of
for the
hydrophobia, at any spread in force entire Colony or to any particular part thereof,and to remain of destruction authorize the destruction such in to the time for Proclamation, at found specified (lo"js large during of and than in private premises, of all dogs found at large elsewhere certain periods. all dogs, wheresoever found, that may be suspected of being infected bitten been of having or with the disease, or by any dog known have been be infected. to to so or suspected
authorize
Governor, with the view to prevent the time, by Proclamation applying to the
'
Penalty
on
3.
If any
landing person dog from ship

without
without
at
once
dog is landed from any ship or vessel coming from abroad from an Inspector of Police, such dog may iêi'mission express and the captain of the ship be destroyed by any police officer,
shall be liable any
to
permission
.
or
vessel
be
Protection of
recovered
before
to penalty not exceeding twenty dollars, StipendiaiyMagistrate.

a
4. All
shall be
persons
acting
under
the
jierson acting the under Ordinance. No. 2 of 1850.
entitled to the protection afforded Ordinance, 1850.
provisions of this Ordinance, by the Justices Protection
ORDINANCE
A.D.
"
No.
OF
1873.
1873.
"
"
An
Ordinance
to
Guiana, and
for the
incorporatethe to provide for the
Diocesan Election of
Synod
a
of
Bishop
Diocese.
[3rd December,
1873.]
the
WHEREAS
of the
previouslyto
of Great held
the passing of
and
an
Act
of
Imperial
Session
Parliament of Parliament of
Britain in the
Ireland
passed in the
thirty-second years Majesty Queen Victoria, chapter one hundred and of the Bishop of the Diocese of Guiana twenty, the salary of was defrayed from the growing produce of the Consolidated Fund the United Kingdom ; And whereas who, after by the said Act it, is enacted that no person the passing thereof,shall be appointed Bishop of in any of Diocese any Her West theretofore shall receive, as Indian Possessions iVJajesty's whatsoever of the growing out provided, any salary or other sum produce of the Consolidated FuikI of the United Kingdom ; Reign
Her
and thirty-first
present
And has been
whereas
the
said
Act
no
applies to
successor
the
to
Diocese See
;
of
Guiana, and
it
as
intimated
that
Her
the Patent
will be
appointed
heretofore
under
Letters Majesty'.s
444
No.
the
1.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1873.
commencement
of
this with
Ordinance,
the rules and and
have
been
in elected, hereinbefore of
accordance
regulations so
duly chosen agreed
and
to
as
mentioned,
ihe Church
shall be
shall be deemed
to be the
Diocesan
of England in this Colony, and shall be styled Synod of Guiana." shall be, and is hereby declared to (2.)The Synod by thafc name and corporate, with be, a body politic perpetualsuccession, and it shall and be have full power and to sue authority in its corporate name
Synod
"
The
Diocesan
sued, and
to
acquire
and
hold
property, both
movable
and
immovable,
of the affairs of the for all purposes connected with the administration Church of England in this Colony, and to sell,mortgage, alienate, or lease the said
property.
be
(3.)It
a
shall not
necessary
for the
said
body corporate
to
have
common
seal.
of the
Exercise powers absence.
of of the or,
4. In the absence
if
no
Bishop, his duly appointed Vicar-General,

has made of
or
Bishop in liis
of the
been appointment then the Archdeacon Bishop),

or
such
in
the
or
event
of the Archdeacon
death of
Demerara,
of
the
Berbice,
the
Senior
Rural
Dean exei'cise
the
Diocese
shall,for
all the
of this purposes the Bishop in the
Ordinance,
save
all the
approval
of the
Synod ; Bishop is
only in those
of and powers the where cases rules and
represent
in the Schedule Representation

of lay memhers.
by the necessary to this Ordinance.

of
personal tained conregulations Colony shall lay representatives
5.
be
I he lay members of the Church representedin the Synod by the
England
elected rules
in
as
this
therein,in
in
Execution the of
etc.
accordance
to
persons with the
their
and
tained regulations con-
the
Schedule
this Ordinance. deeds of conveyance, all powers
6.
All
transports, mortgages,
or
leases, contracts,
of
transport by
Synod,
assignments,
all notarial and may Diocesan
same
other
deeds
and
whatever,
subscribed and
and
attorney, and
instruments be executed of the been
required to Synod,
be
executed
by
two
the
Synod shall
of the
as
l)y any
be
as
members and
Council had
shall
valid
eflectual
if the
executed
and
subscribed
by
all
the
members
of
the
Service the of
on
Synod.
other any
as
7. All citations, notices,and

the
documents
required to
as
be
served the
citation, etc.,
on
Synod
and made
S)nod.
Synod,
had
be served may such service shall

on
on
be
acting as person valid and effectual

of the
Secretary to
if the
same
been
all the
members
Synod.
Rules of the
and Synod.
regulations
tion, rights of electors,the number, qualificaof their the manner lay representatives, the mode the business of ccmvening the Synod and transacting election, the mode of thereof, the election and appointment of office -l:)earers, of a Diocesan of the defraying the expenses Synod, the formation Council and the and its functions, the appointment of Committees the order vacancies thereof,the filling office-bearers, quorum up among 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
8.
The
qualificationand
of service
and
term
of
Schedule.
the
rules
and
regulationscontained
that
in the and
Schedule
to this Ordinance to
Pr'ovided time be
always
altered
the said
both
or
rules the
and
modified
by
time from regulations may Synod, and that further rules administration
may
and
be made regulations may acquiredby the Synod,

same
for the
as
of any
]iroperty
that the
otherwise the laws
be
requisite,so
be not
repugnant
to
of this
Colony.
A.D.
9.
1873.]
Whenever,
in the after See
DIOCESAN
SYNOD.
[No.
Ordinance,
there is
1.
Klettion
to
^'^
445
the
commencement
of this
vacancy fit and
of Guiana,
the the
person
person proper elected and elected and
it is necessary nominate to elect and evenWf to the office of Bishop thereof, vucauey. for consecration
and
nominated
l)ythe Synod
shall
be
deemed
to
be
person of Guiana, shall be the
nominated consecrated the Diocese
for the otlice of
Bishop of
deemed
the Diocese
to
and, when
thereto,shall be
of Guiana.
be
and
Bishop of
10.
power,
so
as
Nothing in this Ordinance shall to the or authorityappertaining

to
affect any of the spii'itual rights.Saving of office of Bishop,or be construed
**.y"''^^"j
Bishop, etc.
interfere Patent
in
Letters
under the
the with way the present which any See.
provisions contained
in
the
Bishop
of
the
Diocese
liolds
his
appointment to
SCHEDULE.
Rules
and
Sections and 8.
Regulations
of
the
Diocesan
Synod
of
Guiana.
CHAPTER
and Qualification
I.
Rights of Electors.
dollar
to
1
.
Every layman
subscriber
been
in each of not
Parish
of
twenty-one years of age

one
an
annual
less than
the
and upwards, who is Fund, Clergy Sustentation
Persons entitled
at to vote
shall have at the time of the who as a voter, and duly registered election, signed the following declaration in a book provided for that purpose by the : Synod, shall have the right of voting at the election of Lay-Representatives who shall have
" "
election
of
Lay-Representatives.
"" ""
"
I, A.B., do
Guiana."
liereby
declare
that
am
Member
of
the
Church
of
Enghnid
in
British
Provided than 2.
up
one
that Parish
no
layman
within
shall
vote
in the election of
in Lay-Representatives
more
the year. shall be revised the

on or
The
List of Voters
Rector
before
the
Slst
as
of the
March, and
case
made
List of voters,
by the
and
voter
Vestry, or
shall be
Curate
and
Wardens,
may
be, in
every
year.
No
his pennitted to register
name
within
thirtydays
previous
to any
election.
CHAPTER
aud Xtimhcr, Qualification, Term
II.
of Service of Lag-llepreseiitatire.s.
each Parish shall be entitled to
Number
3.
return
The
number
of
which Lay-Representatives
as
of
to the
Synod
shall be
follows
300
:
"
Lay-Repre1
....
sentatives.
do do
......
If
numbering
Do. Do. Do.
less than
Communicants
300, and less than 500 do. 70^ 500, 700 do., and upwards
2 3 4
Co"in)iu"icants. 4.
not
Every layman
one
of the age
to in
less than Church
dollar
the
the
of
England
subscriber of twenty- one years, who is an annual of Fund, being a communicant Clergy Sustentation British Cluiana, shall be qualified to be elected as a of
Qualificationof Lay-Representative.
Lay -Representative.
5. Every person in the declaration proper
"
so
elected
shall,before
form in
a
doing
to
any
act
in
the
Synod, sign
Declaration
to
otiicer of
following the Synod :

"
book
be
kept for that purpose

that 1
am a
by the
of the
be made,
I, A.B., of
Church of
do
hereby solemnly declare

Guiana."
more
CDnuiumicant
England in British
shall
No
person
accept
or
hold
than
one
appointment as Lay-Representative.
446
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1873
CHAPTER Mmnner
Time and of
III.
Lay-Kepresentatives. of electing
in
time
6.
every
In
each
Parish
the
notification election.
year,
and
notice
of
the
of Divine 7.
The
Service, on
incumbent
Lay-Eepresentatives shall be elected in Whitsun-week in the holding each election shall be given publicly two Sundays immediately precedingsuch election.
Cliairman election.
at
absence,
Chairman 8.
In
the
and in his himself, if present,shall presideat the election, the is present, a neither Incumbent Curate nor Curate, or, in case elected by a majority of those present shall preside.
Proof
of nated nomito
serve.
willingness of
person
to be nominated for election, shall not allow any one of the willingness to accept the office of Lay-Representative declared electing congregation has not been by satisfactory authority from the proposed Representative himself.
or
elections the Chairman
voted
for, whose
Election of
vacancy.
in
case
In the event of a vacancy of Lay-Representatives of occurring in the number parish,either by death, resignation,absence from the Colony, without leave of of the Parish shall notify the the Diocesan Council, or otherwise, the Incumbent shall thereupon proceed to call a new to the Secretary of the Synod, and vacancy Such election consecutive by giving due notice thereof on two new Sundays. election shall take place within twenty-one days from the receipt of the notification to the Secretary of the Synod. shall serve The person elected to tilla vacancy only for the unexpired term of the Representative in whose place he is elected. any
9.
Case
of
no
election
taking
place.
10. In the event of no in the event election taking jdacc, or of any election the time when from the becoming void, the Incumlient shall,within two months election ought to have taken election by place or becomes void,proceed to call a new
giving due
Certificate election. of
notice
thereof
on
two
consecutive
Sundays.
of the
11. which hand

"
Each
he
Lay-Representative shall receive fi-om the Chairman

a
meeting
he
"
at
is elected
certificate of his election the
in the
in to the
I
Secretaryof
at
Synod, on
taking his
subjoinedform, which place in the Synod :
shall
of [a] Lay-Representative Meetmg for the Election [s] for 19 was day of [were] duly , elected to represent this Parish in the Sjiiod for this year. this Parish held
on
hereby certifythat
the
the
Dated
this
day
19
Chairman."
Forwarding of
certificate to
12. Within
the
one
month
after of the
a
the
election
at of the
of
it Lay-Representative,
he
was
shall
be
to
duty of the
Chairman the
meeting
which
elected
to
forward
Secretary. Enteiing of in Synod name

list.
the
Secretaryof
On the the
names
Synod
copy
foregoing certificate.
13.
enter sent
receipt of
of the
to each
of the
each he shall certificate by the Secretary of the SjTiod, Lay- Representatives on the Synod List to be printed and fifteen days before the meeting Clergy and Lay-Representatives
of the
EfTect of
Synod. Clergyman
hereinafter the date
or
14. No
of assessment
Lay-Representativecan
sit
or
vote
in
Synod
at
unless
the
non-payment
assessment.
days
before
provided for due by their of tlie meeting, except from
Parish
causes
is
paid
least
fourteen
approved
of
by Finance
Committee.
CHAPTER Mode
Time
of
IV.
of Convening
shall
the meet
the at
Synod
such be
and
transactingthe
and
Bminess
thereof.
time
to least
and
place
be in
to
15. The
meeting, and
Synod pre.scribed by
time
jdace
from
as
may
a
from
time
once
Pishop :
Synod
Provided
tliat there
shall be
time
at "meeting
adjoimmient.
every year. be necessary.
The
may
adjourned
to
time, as
may
appear
Notice
of
16. Notice
of all
meetings of
the
Synod
before
shall be such
given
to
every
member
thereof
meeting.
President.
at least four weeks by the Secretary,
meeting.
17. The 18. The

of
Bishop shall preside at
all
meetings
of the
of
Synod.
the
Quorum.
the
of th(! Bisho]), of one-fourth presence Lay-Representatives shall be necessary to
constitute
Clergy, and of one-fourth a meeting of the Synod.
A.D.
1873.]
DIOCESAN
SYNOD.
[No.
1.
447
19. The
for the
transaction
shall sit together in the Synod Bishop, Clergy and Lay-Ropresentatives all questions. of all business,and shall together dehato
one or more
Hittinp;together
of Orders.
20.
'I'he failure of
Parishes
to return
shall Lay-Representatives Inisiness.
not
Non-reprePiirisli.
prevent the Synod from
to the despatchof jircjceeding
sentation of
of a majority of the Clergy and assent of the ]5ishop,and concurrent 21. The of Itcipiisites act of the iSynod. validity of act. to any to give validity Lay- Representatives,shall be necessury of the at the call of any live members bo taken A vote liyOrders, however, may Synod, whether Clergymen or laymen, and in such case a majority of both Orders shall shall
be necessary,
not If
as
well
as
apply
a
to the election the
of the the consent of a Bishop. of the

the
Bishop
of the
Diocese.
This
rule
22.
favour
majority of
any
of
resolution
or
Clergy and motion,

consider
present Lay-Representatives
may
are
in the
Jux andi
"hUherof the
Bishop
he
take
assent
reasonable
or
time, not
from
exceeding three
same.
months,
to
whether
will
dissent
lîshop.
CHAPTER
Election and
V.
Appuintnwnt of UJloc-Bcurers.
Election duties of
or
of the Synod, whose There shall be a Secretary or Secretaries duty it shall in a of all proceedingsof the Synod ; to record them keep regular minutes and other all papers, memorials, book provided for that purpose ; to preserve documents correspondence ; to attest the public acts of the Synod ; to ; to conduct distributed to the have the proceedings of each Session of the Sjmod printed and
23.
to
and
be
Secretan'
Secretaries.
members notices
within of motions
three months
from
one
the
close be
of
the
Session
and
to
have
the
given
on
day printed and

shall
ex
Secretaries following day. The Council. including the Diocesan
ready for distribution on the of all Committees, members officio
24.
There
on
shall
be
Treasurer of
of the
Synod
and
two
Auditors, to be elected
Election Treasurer Auditors.
of and
aimually
the first
day
Synod.
CHAPTER VI.
the
Mode
of defraying the Expenses of

shall be
Synod.
from the members and other
25.
Diocesan
Finance
Committee
appointed by, and
of,the
levied
on
Appointment
and
Council, to fix the Synodal,and to estimate such each Parish for the ensuing year, and to conduct
as
other, assessments
financial
duty of
business
Finance Committee.
the Diocesan
Council
may
appoint.
CHAPTER VII. Council
and its Functions.
Foyiiiation
of
Diocesan
Council, to consist of the Bishop, the Chancellor, Election, and powers, Berbice, the Treasurer, the Secretary or duties of tlie and twelve members, six chosen fi-om the Clergy and six from ex Secretaries, officio, Diocesan the Lay-Representives. Of each Order, three shall be appointed by the Bishop CouncU. and three by the Synod. They shall be elected annually before the close of of the Bishop, In the absence each Synod, and shall be eligible for re-election. the Council shall elect a Chairman, who shall have a casting vote. It shall be the with connected the duty of the Council to assist the Bishop in all matters of the Church administration in the See to exercise all the ; during a vacancy aihninistrative all such vested by the Synod in the Bishoj); to prepare powers the Bishop may matters desire to bring before the Synod ; to receive reports from as with instructions all Committees and, if need be, to refer back the same ; to examine deem for re-consideration parts of them, as they may ; to print such reports,or such stating the time and expedient ; to issue a circjlar, undc'r the Bishop's direction, it for the ensuing Synod, and the order in which place of meeting, the business will for accommodating be discussed ; and to make Clergy and Layarrangements Representatives attending the Synod, as far as possible.
26.
There
shall
be
Diocesan
the
Archdeacons
of
Deraerara
and
27.
wish
The
Diocesan
Council
; but
a
shall any
two
be
summoned and Six
for their advice
require the Bishop

quorum.
to call
Clergymen special meeting.
he may by the Bishop, whenever two laymen of the Council may members shall
be
:\Ieetiu^s of
the
a
CoiuicU.
considered
448
No.
of
1. 1
In
case
THE
LA
WS
OF
in
BRITISH
the Diocesan
GUIANA
Council
in
[A.D.
intervals
1873.
of
the
Filling up
vacancy Council.
28.
Annual
of
vacancies
the
in the
by
the
Synod, such vacancies,if amongst the Bishop's nominees, shall be filled up Bishoj], and, if amongst the Synod's nominees, shall he filled up by the
Council.
Settlement business of for the
29.
the
at the
The
business of
to
be
submitted
order
proceedings, shall
the Diocesan
Synod.
of the
meeting of Synod.
to have to the Synod, so precedence in as be sent to the Secretary,to be submitted by him next Council which be held before the meeting may
CHAPTER
VIII.
and
Appointment of Commmittees
Nomination Committees. Quorum
Committee. of of
Quorum
thereof. Bishop, unless

otherwise
30.
All
Committees
of
Synod
shall
be
named
by
the
ordered.
31. Where
any Committee
no
of
is specially made provision Synod shall be considered
otherwise,one-third
a
of the members
of
quorum.
CHAPTER
IX.
among any
Fillingup
Power up to fill
of
Vacancies
Office-Bearers.
vacancies
32.
The
Bishop
shall
have
authorityto
until the
vacancies
Ofiice-Bearers
of the
Synod
fill up annual next
occurring among
the
meeting
of the
Synod.
Ofiiceamong Bearers.
CHAPTER
Order Divine before Service first
X.
the
of Proceedingsat Meetings of
Synod.
be
33.
and
a
meeting of the Synod in each Session Sermon, together with the Holy Communion,
After Divine
The
The
first
shall at the
preceded by the Litany
Cathedral.
the
nieetmg.
of Calling roll.
34.
with
Service
on
the the
first
day of meeting,
call
over
Synod
prayer.
Secretary shall then

mark
names
and Lay-Representatives,
Election of
of those
the roll of the in attendance.
shall be opened Clergy and the
35.
then
successors
The
be
election of the
all
Secretary
Ofiicers
or
Secretaries, Treasurer, and

their
Auditors until
shall
Office-Bearers.
made,
are
of which
shall hold
offices respective
their
appointed.
and this,
as on
Order
of
36.
After
all
:
"
other
days
after
the
opening
prayers,
the
Order
of
business.
Business
shall be
follows
of the previous meetmg. (1.)Reading, correcting,and ap])rovingthe minutes (2.) Appointing Committees. and correspondence. (3.) Presenting, reading, and referring memorials, petitions, (4.)Presenting reports of Committees, of the Treasurer, and of the Auditors. (5.) Giving notices of motion. (6.)Taking up mifinished business. of motions. (7.) Consideration
Eight
address
of of the
37. 38.
and
An
address
from
the
Bishop shall be in order proceedings of

the
at any
time.
Bishoi).
Minutes last of of The
minutes
of the
the
last
day
of each
Session
shall
be
read
day
confirnii;d before
close of the Session.
Session.
CHAPTER
RulcH Hour
on
XI.
of
on
Order. the first
"
of meeting first
39.
fixed
The
Synod shall
meet
for business Council.
day
of Session
at
an
hour
to be
day
by
On
the
Bishop and
Diocesan
of Session. Duration of
40.
speeches.
Rule
as
speaker
the motion of any to close his remarks

the
member to that in five minutes.

have taken
the Bishop may effect,
call
upon
any
to
41. When
Bishop
when
shall
the
chair, no
member
shall
continue
sitting.
Decision order. of
standing
42.
All
up,
except
addressing the chair. by the Bishop.
questions of order shall be decided
questions of
A.D.
43.
1873.]
When two
or more
DIOCESAN
SYNOD.
rise simultaneoxisly to
'
[No.
address the
1.
Decision of
449
members
of them
chair,the
Bishop Hhall decide which

44.
in the
some
shall
speak.
more
of speech. ri"'"t
No
saiiie
member
debate, except with part of his speech whicli

of any
to speak shall be allowed the consent has been
than the
once
on
the
same
of
meeting, unless it
or
be
to
question Limitation fif explain rit,'ht of speech.

that
misunderstood
an
to order
Provided the
the of
mover
question(not being
amendment)
shall be allowed
liberty
reply.
45.
Whenever
to
offering
the Bishop rises speak shall sit down,
during
so
that
the
member debate, any be Bishop may
speaking
heard
or
Duty
when
of
ber mem-
without
speakuig
the rises.
interruption.
46.
motion unless No motion shall be
mover
Bishop
entertained shall
the be
.
without handed Such
notice in
to
signed by the
read the Svnoil No motion
shall forthwith
it to
Synod
motion
thereof ; and every notice of Notice of the Secretary in writing, who motion, etc. in due order, shall come on
direct otherwise.
or
47.
amendment
shall
not
be be
taken
into
consideration without the
unless leave
it is
Seconding
motion.
of
seconded, but, if seconded, it shall
withdrawn
of the
Synod.
48.
When
a
question
is
under
consideration, no
other
matter
shall
be
Consideration of questions in regular order.
received.
to postpone a discussion,or 49. Motions notice,and shall be decided without debate. to
adjourn
may
be
made
without
Motions
to
adjourn.
50. Any
member
shall have
the
that the motion
in discussion division and
be read
at any to require, power for his information.
period of
the
debate, Reading
motion.
of
sides of the
shall take the opposite Division the ayes and noes taken sittingby two tellers appointed by Orders. declining the Bishop. proceeding to divide,it shall be lawful for any member to and not to retain a seat member shall be allowed to vote to retire,but no
51.
When
by Orders
votes
room, On
the
occurs, shall be
by
vote.
If, on
the
any
names
such
of taken.
division,it shall
and
noes,
be
required by
members
twelve who
members retire
of the from the
Synod,
52.
ayes
and
of those
shall be division,
A
question once
determined
shall
not
be
again brought
with
forward
in the
same
Effect of
of
Session.
detemiination
question.
of
53. The
Rules
:
"
Reports of
each
Committees
shall be dealt
according to
one or
the
following
resolutions
"
Reports
Committees.
To (1.)
on
the
Report of subject matter

discussion
or
Committee the
shall shall
be
appended
more
of the
Report, drawn
(2.)The
"
upon
Report
the
up by the Committee. be raised upon the motion to the

or
:
"
That the shall
the Resolution shall

be
Resolutions
appended
Chairman
Report be
some
now
considered,"
of
which
made
by
other the
member the
Committee.
(3.)When
declare hands
the Resolutions
to the
have
been
disposedof by
Committee
Synod,
Bishop
Synod
not
whether
come
(4.)Reports shall
of members the Finance
of the
is,or is not discharged. unless thej'shall have been in the for discussion, on except the Report of Synod at least a week previously,
the
Committee.
shall be signed by the Chairman only as (5.)Every Report of a Committee of a Committee to every member authenticating the Report, it being allowed who dissents from the Report, or any portionof it,to append such dissent with
reasons
annexed.
names
(6.)The
of such
of the Committee
shall
always appear
be
on
the face of the
Report
in all
Committee.
54.
The
Bishop
shall
have
libertv
'
to
present at, and
have
vote
Committees.
Right of *" ^î^^liop present at
^^
55. The Agenda for each meeting throughout the circulated before the opening of the meeting for the use 56.
may
Session
shall be
printedand
^""X"to''be
printed.
Protest motion.
of members.
of the member be carried therein,and
Any
Synod
to
liberty to protest againstany motion that require that his protest be recorded in the minutes.
is at
against
450
in
No.
57.
with
of
1.]
On the
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1873.
shall,
Synod
Committee. Eesolutions Committee.
the consent The
of one requisition Clergyman and one Layman, the President of the members, resolve the Synod into Committee. of
the
58.
resolutions
the
a
Committee of any
member
may
be
submitted
or
either
singly
shall
or
but on collectively, the subject of made of
demand
each
any
such
resolution
be
separate vote.
may be
Suspension
59.
consent
Any
of
a
Standing Order
Standing
Orders. Amendments.
majority of
on
the members
suspended present.
on
motion
without
notice,with
the
60.
No
amendment
an
amendment
shall be in order.
CHAPTER
Manner
XIT.
of Electing a
a
Bishop.
See
has been
Suunuoniug
the Diocesan Council of the in event and
of
61. Whenever
with
the existence
of
Synod
of
in vacancy the See.
of England Synod of the Church of his absence in the West of Demerara, or, in case or Indies, the Archdeacon of Berbice, or, in case of his absence or inability, inabilityto act,the Archdeacon the Senior Rural fourteen Dean of the days after the receipt Diocese, shall,within in this Colony of the declaration of the vacancy, the Diocesan Council, whQ summon the members of the previous Annual thereafter as possible, as soon convene shall, Council shall give of providing a Bishop for the See. The Synod, for the purpose at least ten days'previous notice of the time, place,and object of such meeting. Canon V. of the Canons
in the vacancy of the Provincial
declared
ance in accord-
Election President.
of
62.
On
the
assembling of the
shall
or
President, and elect a Bishop

England
or
then
shall
after prayers, elect a meeting shall, the Synod sliall at once proceed to delegate the selection of a Bishop to any person or persons in
Synod, the
whether
determine
elsewhere. that follows the

:
"
Mode
of of
63.
the
If it be determined
be
as
Synod
nominate
shall at
once
proceed
to elect
Bishop,
election
procedure shall
The (rt.) tellers.
Bishop.
President shall
two
Clergymen
shall
and then
or
two
Laymen
as
{h.)The
Clergy and Lay- Representatives present

one
vote
a
by votingof not for

vote
papers, each voting for less than thirty years himself. The (r.) and
person age
:
only, being
Provided
be
Bishop
no
Priest
may
of
that
person
voting
result not
papers
shall then two-thirds
collected of the votes
and
examined If any
members
by
one
the
tellers,
has
the
openly declared
less than
by the President.
of the
be
person
obtained
present and
thereupon declared elected. If no one proportion of votes, the voting shall be of the person having repeatedafter striking off or withdrawing the name of votes, until some the smallest number one person has been so qualified. voting, of each Order, he shall
person has received
the above CimfiniiHtion and
tion consecra-
of
Bishop.
Diocesan 64. When a Bishop is elected by a Synod, the election shall be reported of the West Indies,and such election shall be by the President to the Primate of the West subject to confirmation by a majorityof the Bishops of the Province The Indies. Primate take the necessary stepsto obtain such confirmation, and may take if it b(! obtained, the person be consecrated, and the I'rimate elected may may order for his consecration in
tlio
I'roviucc
or
elsewhere
as
may
be
considered
desirable.
Prficcdiu'e if I'rovincial If a majority of tlic Bishops of tlie Province tlic election refuse to confirm by the Diocesan Synod, the Primate sliall inform the Diocesan Synod thereof, otherwise and such Synod may proceed to a fresh election or deal with the vacancy if no selection by dch'gating the selection of a Bishop to some person or persons as had taken plact\ If tlie l"ishoj)s refuse to confirm election,tlien the Primate a second shall report the facts to tlu; English Committee of Reference, constituted by Canon shall be empowered Committee 11. of the C!anons of the said Provincial Synod, which choice of a Bishop for tlie vacant and requested to make Bishop shall be sec ; but no 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.
65.
made
Synod
to
refuse
confinn
election.
Delegation
selection of
of
66.
If the Dioctsau
not to
Synod
once
on
assembling
elect
a
to
piovido
but
proceed at
to
Bishop
to
mines Bishop for the Sec deterdelegate the selection of a
Bishop.
452
No.
2.]
THE
LA
WS
OF
BRITISH
the
GUIANA
[A.D.
1873.
to
abatements
since of the
made fund
under
for
said Ordinance, should
be carried widows
the
credit
providing
that
on
pensions for
at
the
and
and orphans of publicofficers, per General Be advice

Short title.
annum
interest
sums
the rate
should
at
be allowed of the
all
in the hands fund

:
of the
of six per cent, Receiver
the credit
said last-mentioned the Governor of
it therefore
enacted of the may
by
of British
Guiana, with
follows
:
"
the
and
consent
Court
Policythereof,as
as
1. Tliis Ordinance
be cited 1873.
the Public
Officers
(Widows
and
Orphans' Fund) Ordinance,

Interpretation
of term.
officer the purposes of this Oi'dinance, the expression public be hereafter who has been officer or means or person may any office Her the Governor substantive or to appointedby Majesty by any
2.
"
For
"
"
"
or
place in
the been
publicservice
or or
of the
Colony
which
"
under be established by law or by the Governor may Court ; impliedsanction of the Combined (2.)Is for the time being of a permanent character ; and and of four hundred to it a salary at the rate (3.)Has attached that sum, such above or salarybeing eighty dollars per annum the Public of the Colony or from Revenues derived either from fees payable in respect of the office or place or in respect of the the office or branch or department of the publicservice in which from and is from the one or source partly partly place established,
(1 .) Has
the express
the other.
Establishment
Formation Widows rjjians and
lui
.
of
the Fund.
of
3. A
and
fund
shall be
formed
for
children
of publicofficers of the
providing pensions for the widows The Widows Colony,to be called

"
_^^^j Orphans' Fund,"
and
Fund
for that under
purpose
the
balance
at
the credit of
Ordinance of
the
Superannuation 1860, on the 1st day of June, 1871,

as on
the
Superannuation
carried
to
shall be
the
credit of
the Fund
Amounts to be
the said date. from

under the the salaries
4.
from
All
abatements allowance
^f^tT'' V*"â^*^'^
annuation the
public officers Superannuation Ordinance

of of this Fund.
for of
super-
1860,
shall be
day placedto
1st
of
June, 1871,
credit
to the commencement
Ordinance,
the
of the
Contributions
Abatements from salaries to be made the towards Fund.
to
the Fund.
of ment this Ordinance, an abatethe salaries of all public
5. Fi'om
and

cent,
of four officers whose
per salaries
shall
were
be
made
from
Ordinance
Officer whose
of
under abatement to su})ject 1860, and also from the salaryof
the
every
annuation Super-
public
of this
Ordinance
dollars per
appointment is subsequentto the commencement and whose salaryis at the rate of four hundred
annum,
as or
and
eighty
save
above
that
sum,
for the
benefit
of the
Fund,
and
Commencement
in
except
Those
hereinafter
excepted.
declined those
to
come
6.
of
officers who of
under
of interest
Ordinance
i860,
p
and
officers whose of this

n
Superannuation appointment took place

the
"
iund
officers not under the
prior to the commencement "'^.,11 ot the entitled, by reason

.
Superrtnnuation Ordinance of 18G0.
not were Ordinance, but who j.1 the to under come or salaries, whose and the of Ordinance of 1860, salary Sui)erannuati")n operation sinallness
n
then-
"
A.D.
1873.]
under and four their
WIDOWS
AND
ORPHANS'
FUND.
[No.
to
2.
453
is not
hundred
interest abatement
on
and
shall eif^htydollars, shall

commence
contribute
from from the
the of
Fund,
the
in i\w. Fund from
the date
ment commence-
first
monthly
their
their
or salaries,
of the from
Fund,
their
as
to payinj:;
the 1st
Receiver
General
the
ments abate-
salaries
from
the
day
of
June,
the
1871.
7.
"
(1.)The
abatement
to
of four lê made

so
officer shall continue
per until
cent,
from
salaryof
attains the
pul)lic Period
aiê
for
to
such in the
officer
of
wliicli uliate
inent
sixty-five years,
date it shall
the
cease.
if he
continues
long
cease
public service,at
an
which
ject subFund
be
made.
(2.) Such
to
abatement
shall also
after
officer has
been
the
abatement
for the
and 8.
the
A
Superannuation Fund
for Fund, or to the abatement of 1860, for thirty-five years.
Abatement public officer who has attained the age of fifty-five years, and by from the retire the to public service, if he iJ^'pi'^le thereby acquired right called shall make not be to decides on retiring on a pension, upon any pension for from further contribution service, to the Fund beyond a monthly abatement such from the his pension of four per cent, on pension,to commence of has date of his retirement until he attains sixty-five years age or for thirty-five such abatement been subjectto abatement years, when such officer to continue shall cease ; but it shall he optionalwith such of his not consenting abatement after his retirement, and, in the event
,j,j
to
it within
to
on
two
months
from
the
date
of his
to
on
ceasing
children
'
make
any his death
further
contribution
no
the
retirement, and therefore and Fund, his widow

Fund.
retire from he attains
a
shall have
claim
the
9.
"
(1.) An
on
officer who
service of
account
may of ill health on
be
a
allowed
to
the
public
age
Abatement
pension before
and from abatement
the
jiayableby
officer retired
on
fifty-five years,
the
in order
to entitle his widow to

an
children to his
pension
pension
for
from
to
Fund,
must
four
or
age abatement continue

not
per cent, has been shall
pension equal such pension until he attains of on sixty-five years for thirty-five when such subjectto abatement years, cease optional with such officer to ; but it shall be
consent
ill health.
such
abatement
to
after
his retirement,
and,
the
in the event
of
his
consenting
and his widow
it within
two
months
from
date
of
his
ment retireto
on
therefore
and
Fund,
Fund.
ceasing to make any further children,on his death, shall

the widow
contributions have
no
the
claim
the
(2.) The
consents to
pensionsto
the
on
and
children
same
of such
i"ate
as
if he officer, if the abatement
abatement,
shall be at the
had
^
continued
the full amount
of his
salary.
retire from
10.
"
(1.) An
account
officer who of ill
maybe
obligedto
who may
to
the
public
tion situa-
Manner
of of retirement witliout of
dealing with
cases
seiwice
on
health, or
be
deprived of the
fund, by
in any the
to
in respect of which he contributed before he is entitled of his office, to a with in
the
Fund
abolition
be dealt of three
pension, may
the
select
pension, or
al)olition of office.
respect of
"
his contributions
to
one
modes, namely,
He (rt.) of his from claim the Fund repayment of fifty per cent, may which Fund contributions in actual his to the case ;
to
interest
the Fund
will cease,
Ordinance
and
his widow
and
children
Ss. 0 and
persons
10 wore repealed by the rights existing liaving priorto
No.
6 of
1896,
s.
18
except
as
to
that Ordinance
454
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
such
1873.
will have his widow interest
no
claim
for
pensions, except
may of the
as
to
pensions
as
and
in the
children balance
be
or
be
entitled to in respect of his
Superannuation
his
pensionsshall not
the
He (6.)
to
affected
publicservice
may claim
as
by
be
the
in any abolition
to
to
allowed
by way of his office ; or continue his contributions

in the will
Fund, which from retiring
the Fund
case
if he
still remained and

;
or
publicservice,
entitled
to
in
which
his
widow such
children
be
the
full benefit of the Fund
(c. )
In
addition
to
pensions
he may
as
his widow
and
children of
be entitled
and the children
amount
to in
respect of his interest

claim
in the
balance
may the
Superannuation Fund,
in of such
as
pensions for
to the
his widow Fund

; and
respect of his contributions
Governor-in-Council
pensions shall be determined by the soon as possibleafter his ceasing to be

In the
to
employed
dissatisfied after
to be
in
the
public service.
the
amount
with
of
the event of his being pensionsso determined,
the
same
has
been
intimated
either of the
him,
other
he
two
can
then
select
dealt with
under of
an
modes.
of the
(2.)Notice
modes
from
Abatement from officer of
of the wish
officer to
adopt
Fund
one
said three
months
must
be
given
to be
to
the
Directors in the
of the
within of
four the
his
ceasing
employed
of
a
publicservice
Colony.
situation in of his
11.
"
(1.)In
the
case
publicofficer deprivedof
the
retiiing on
abolition office.
he contributed Fund to the respect of which by the but who is entitled to retire on office, a pension, such be
a
abolition
officer shall not
make called upon contribution to any further from his pension at the rate monthly abatement
to
the fund
four
beyond
cent,
on
of
such and
such
pension,to
continue
to
commence
from attains
the
date of the
abolition
or
per of his
office ject sub-
until
he for
abatement
sixty-five years thirty-five years ; but

such
not
of age, it shall the
has
been
be
with optional of his within
officer to continue in the from any

event
abatement
after
abolition abatement
office,
four
and,
months
to
on
of date
his of
consentingto
abolition
to the
the
the
the
of his office and
thereby ceasing
and
make
further
contributions
Fund,
Fund
his widow for
children,
his
death,shall have no claim on (2.)The pensionsto the widow

to
the and
pensions.
of
rate
children
same
such
as
officer if he if the ment abate-
consents
had
the abatement, shall be at the full amount continued on

officer who who has been have
the of
his
salary.
to
Terms
of to of has
12.
"
(1.) An
and
may
contributed
from
admission the Fund officer who been elsewhere.
Fund,
promoted
under allowed the
to
promoted
Colony to other employment day of June, 1871, shall be

within four had twelve months from
cent, on per lie continued
tion Superannuapublicservice of this 1st to the Crown, previously join the Fund paying, upon
the
the
the
date
of
of
this Ordinance
would
or on
taking effect,
have received of
tlie amount in the
service
salary that he of the Colony,
the
amount
such
salaryas 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 to be continued ; the furtlier contributions monthly at the rate of four per cent, on the salaryselected by tlie officer on which to contribute. (2.) Such officer shall also salaryor on the amount
be allowed of
to contribute
on
of his
such
salaryas
he
may
any increase receive in
A.D.
1873.]
WIDOWS
AND
ORPHANS'
which
as
FUND.
[No.
2.
455
respect of any
to
other situations and
to
he
service of the
public Colony. (3.)Payments from the date of leaving the service of this Colony the amount towards at the 1st day of Juno, 1871, shall be made to up the 1st day of June, the credit of the Superannuation Fund, and from oud Orphans' Fund. 1871, to the Widows tion (t.)If such officer fails (tr neglectsto pay his monthly contributhe
same
terms
conditions
if ho
be promoted, may had continued in the
subject
to
the
Fund
on
the
first of
each he
month, and
has
is in
to
arrear
for
to
six the
on
months, Fund, and his the Fund, but

Fund
on
it shall be considered widow such

terms
that
ceased
contribute
and
children
be
officer may
as
thereupon forfeit all claim again all")wed to contribute to

shall
to
the the
such
may
seem
the
Directors
proper,
and
on
approval of
1
the
is
13.
to
"
Colony
bute his
to
(1.) A publicofficer who other employment under

Fund,
if such his
promoted
Crown
six
to
from
the
service of this
to
Provision
case
for
the
the
within officer, intention

or
may months
continue from
contridate
rate
of officer
the
of of
promoted
elsewliere.
appointment, intimates
abatement
at
that he
on was
at the effect,
the
from the date

as
the
of he
Colony as salaryor
has been
his
salary appointment, or
in
income
from receiving
the
such he
the
amount to
of which
income
receives
respect of
to
the
situation
promoted.
officer shall also be allowed
or on
(2.) Such
of his salary
contribute
on
any and
increase receive in
the and
amount
of
such he
respect of
to
any
other situations
to which
as
salary as he may be promoted may

had continued
the
same
terms
conditions
if he
in
subject the public
service
of the
Colony.
such officer
out residing
as
(3.)Any
to
the Fund
shall make
his return
or
(4.)If
Fund
has and ceased
such officer fails

arrear
Colony and contributing prescribed by the Directors. his contribution to the neglects to pay
of the
is in
to
for
contribute
shall
thereupon forfeit all again allowed to contribute

to
months, it shall be considered that he and children Fund, and his widow be the claims officer but such Fund, on may
six
to
the
to
the
on
Fund
on
such
terms
as
the
Directors
proper,
and
the
approval
of
the
seem may Governor-in-
Council.
14.
or
"
(1.) The
fees
income
of
an
officerin the
Colony
be
to
who
is
paid by fees, provision

settled for
officer
abatement
for
partlyby
and
partly by
as
shall salary,
fixed and
say, such hand of
of the Fund the purposes within fourteen days from Receiver General of the the
follows, that is
shall, p^^^\"y fees,

the
the
expirationof
received
to
each
the him
quarter, furnish
the
with
amount
same
certificate,under
Auditor
General,
and
on
of fees
time pay
by
a sum
shall at
him
during such equal to four

payment
if there is of
quarter,
per
cent,
such
amount.
(2.)If
next
any
such
officer
fails to
make
such
before
his
month's
deduct
falls due, salary
if he receives such is in
the Receiver salary,

no
one
General
shall
the
amount
from he has
but salary, default

as
payable to such
after the Auditor
be deemed children
'
officer and General
of
payment
salary month
shall and
certified
on
to
have
forfeited all claim be entitled

on
the
aforesaid,such officer Fund, and his widow

to
shall not
his death
Xo. of
any
s.
pension therefrom.
18, except
as
S. 13
was
repealed by Ordinance
that
1896
to
persons
having rights existing priorto
Ordinance.
456
No.
2.]
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
salaries
1873.
Payments
to be
^^
15,
made
(1.)The
abatement
of four
percent,
from
the
of
all
Receiver*
General,
canied and
to credit
public officers
Qf \^[^
credit
whose
by the Receiver paying the salary or

of the Fund
; and to
be salai'ies may General in proper any all other Receiver
subject to
abatement
each
shall be
occasion the the
proportionupon portion thereof, and

payments
General
placed to
to
and and
contributions
Fund
shall be made
the
placed to
annum
the
credit
be
of the Fund.
(2.)Interest at the rate of six per cent, per hands in the by the Colony on all sums General, calculated day of yearly to the thirty-first
allowed year.
shall
of
the
Receiver of each
December
Management
Appointment
Directors the Fund. of of
qf
the
Fund.
16.
"
(1.)For
shall
the
due
Govei'nor
annually
and that
of the management proper three officers as appoint public and whose and direct the the and
Fund,
the
directors it shall
thereof,who
be
to
shall be
for re-election, and eligible
duty
superintend
and
to
see
management
administration
are
thereof
laws
regulationsrelatingthereto
the each
to
duly
before
to
fulfilled and
complied with.
Directors
to
(2.)It shall further be the duty of the thirty-first day of Januaxy of be prepared,and send to the Governor
Court
at
annually,on
or cause
or
year, prepare, be laid before the

statement
bined Comof ceding, preas
its annual year
session, a
detailed
and of
account
the Fund
Directors Defraying
cost
for the
with may
sum
ending
on
the
thirty-first day
and 14 of 1901 shall be
s.
December Fund
such deem
not
report
the state
prospect of the
the
necessary.
(Amd.
per for
12.)
from
of
17.
expenses
exceeding ten
to
cent,
deducted
of
the
of umnage-
g^j^j-ûîcontributions
the the
Fund
the
connected
with
management
and
defraying all purpose of the administration
Fund.
Appointment
and of salai-j' Clerk.
18.
"
(1.)For
the
purpose
of
having
proper
accounts
of
the
Fund
kept and of keeping registerswith reference to the same, the shall appoint a Clerk, whose salaryshall be fixed by them
shall be
Directors and who
under
their control
and
direction. shall form
(2.)The provided for

Keeping registerof
contributors to the Fund.
salary of
in the last shall the
the
Clerk
part of
the
expenses
preceding section.
19.
of such
The
Clerk
contributing to
officer,and chikh'en, if any.
keep a registerof the age of every publicofficer Fund, and, if married, of the date of the marriage of his of the ages his wife, and of the age of
Fiirnixhing of Information
Furnishing of
certain infonnation
by Contributories.
income is
20.
Every publicofficer
for the Fund
whose the
salary or
subject to
ment abateor,
shall,if in
Colony, within
three months,
of this
if
by
existing
officers.
abroad, within six months, from the commencement be bound to forward Directors the dates to the marriage,
if any, if
Ordinance, of his birth, of his

and
of his
married,
to
and
of the
birth
of of
his wife the
children,
duly proved
for the
tlie satisfaction whose
Directors.
Furnishing
of certain
21.
ment
Every public officer

Fund,
of this and
whose
salaryor income is subject to abateappointment is subsequent to the combe
niencement fut'u"rom"eS
Ordinance, shall
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 children of such birth, and the date of the birth of any child or
marriage,all duly proved to

22.
ment
the satisfaction of the Directoi's.
Every publicofficer
for the shall
same
whoso
marries
salaryor
after
income
is
subjectto
his
abatethis
Notification '"^^"^"S^-
of
Fund be
to
who
the
commencement
of
Ordinance
notifythe proved as
23.
ment
six bound, within the Directors,and
months
also
after
the
age of
marriage,to his wife, duly

abatebirth
aforesaid. whose
Every publicofficer
for the Fund child legitimate child's birth.
shall be bound
salaryor income to notifyto the

him,
within
is
subjectto
the
from
Notification
of
Directors
^""^'^ ^^ '^^^'^"
of
each
born
to
six months
the date
of such
24.
ment
Every publicofficer
for
whose
the Fund from
shall be bound
salaryor income is subjectto abateto notifyto the Directors,within

death
of his wife
or
Notification êathofwife child.
of
six months
the date
of the event, the
of any
of his children.
25.
the
Any publicofficer
who
fails
or
neglectsto comply
for each from
with
re(]uirementsaforesaid shall be liable to a fine exceeding twenty-four dollars,to be deducted
any of default not
Fine
for
non-
^v^tlfprec^
requiiements.
his
income
by
the
Receiver
and
General
to
on
an
order
to
that
effect
salaryor by the
Directors
of
the fund
be
placed to
and
the credit of the Fund.
Pensions
to
Widows
Orphans.
Widows and
26. The widows and orphans who will be entitled to pensionsfrom the Fund the widows and are orphans of publicofficers in the service of the Colony on the 1st day of June, 1871, who contributed to the
gi^titkcf to
pensions
^^^ under Ordinance,
Superannuation Fund,
to
and
of
all officers
to
whose
salaries
save as
subsequent
hereinafter
that
date
have
been
subject
abatement,
excepted.
the date of
of a public officer who dies within one year from marriage shall be entitled to a pension,unless a lawful child is born of such marriage,and no child of any publicofficer born of wedlock, but who out or by the laws of this Colony has become become legitimateby the subsequent marriage of his or her may from the Fund. parents, shall be entitled to any pension or allowance
^
27.
No
widow
Exceptions
from benefits of the Fund.
28.
one
The
allowance
of age
or
pension
to
orphans shall
in the
case
cease,
in the
case
of
Cesser
of
males, at
years
eighteen
or
years
on
of age, and
of
females, at twenty-
pension to oi-phans.
marriage.
allowance
to
29.
The
pension
be
or
which
widow
deceased tables to
such time
publicofficer is entitled approved by subjectto

of
shall be of
computed
the
or anj^ child of a with in accordance
Computation
of
pensions.
Order revision
Governor-in-Council
tables shall be
as
and deem
from re-adjustment
necessary.
; and time to
may
30.
or
When who is a widower, dies a public officer, children entitled to pensions, such pensionsshall be
S. 27
was
leavinga
as
child
:
"
Pensions
follows
If
payableto
orphans.
repealed by Ordinance
I.
No.
6 of
1896, s. 18,except as
to persons
having
32
rightsexisting that prior to'

VOL.
Ordinance.
458
No.
three
2.]
in
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1873. the
number
to
or
less,each
the widow
if
more
child
of the than shall
shall
receive
one-fourth
have
of
allowance had the she
which
would
officer would
been
amount
entitled
which
survived
him, and
have
three, then
be divided
the
widow
received
equallyamong
from
the
children.
Provision
case
in
^31.
Fund
The who
widow
of her
of
public officer receiving

shall forfeit all claim
to
pension
any
are
the
of widow
marries
mari-yiug
again
whose
further
any
a
pensioiof
from
the
the date
first
second
marriage, and,
would
if there
children
marriage
shall be
ages
entitle
as
them
if l)oth
to
pension,such
were
children
Provision
case
entitled to such
a
pension
dies ages
or
more
parents
and
dead.
in
32.
the
"
(1.)When
a
publicofficer
whose
leavinga widow,
entitle in them
to
dren also chilfrom
of children
by former
marriage.
by
previous marriage
such of the
pensions
had
Fund,
children, if three
number,
shall be
entitled
survived
to one-half
pension
have
to
which
their
mother,
if she
their and
father,would
if
only one pension to which

children,but,
entitled
to
entitled ; if two children,to one-third ; and the widow one-fourth to to one-half of the child, ;
been she
would
are no
have
been
entitled had
or
there been
no
such
to
if there
such the
children shall
when
they
cease
be full
pensions,then
widow
be
entitled
to
her
pension.
issue
as
(2.)If the step-mother of such children such children shall then by such officer,
had
not
dies,leaving no
be entitled
to
lawful
pensions
if their father
married
of
second such
time.
(3.) If
the
step-mother
children which
dies, leaving lawful

their
children,such children shall have entitled to equally divided among

Refunding of gi'atnities paid
to
the
pension
mother
was
them.
who
or
33. deceased
The
widow
of who
public officer
received of until Ordinance
has
more
died since
months'
the
widows
of
June, 1871, and

husband
from the
has way
one
1st day of salaryof her

to to
deceased
by
Fund this
so
shall gratuity,
not
be entitled
the
draw which
any
publicofficers.
pension
and
the
amount
of
pension
of the
she
is entitled under
equals the
of the
amount
the amount
withheld
on
shall be
charged to
Revenue
the Receiver
Effect
to
on
General the the

or
account
of
gratuity; and Fund paid to the Colony.
such
claim
34.
dismissed
to
a
Neither from
pension of
or
dismissal
child of a publicofficer who be any may shall have claim for misconduct public service any
widow
nor
resignation.
pension
of
a
interest
in
the
Fund
nor
shall
the
widow
or
any
to
child of
publicofficer who
as
may
resign his
situation, except on
account
a
ill-health
hereinbefore
claim of
a
pension, have
No
case
any
to
provided, without pension or interest

whose contribute entitled
to
being
in the
was
entitled
Fund.
claim
in
35.
the time his
The
widow
officer ])ublic
to
marriage
on
subsequent to
full amount of shall
of officer
when
such the Fund of such
officer ceased shall

not
the
maiTj'ing after ceasing to

contribute.
salaryto
be
any
pension, nor
the children
marriage be
entitled to any
pension.
Miscellaneous
Proof from of
Provisions.
the Fund
and
being
36,
Widows
and
'^^'^"^'^^'^
residingout
'
of the
orphans entitled to pensionsfrom Colony must produce proof,to the

No.
6
satisfaction of
to
beneficiary.
S. 31
was
repealed hy Ordinance
of
1896
s.
18, except
as
persons
having rightsexisting priorto
that Ordinance.
460
No.
3.]
(2.)The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1873.
of
Governor
may
assign to
the
each
the
District
Commissary
he
; but
Taxation be bound
Fiscal
to act
District, as
without
District may of
District from
beyond
which
shall not in the
directions
Governor
absence District
from
his
Commissary
time
act
also at any
for,any
other Commissary, any any act for, and the Chief Commissary may District Commissary without any special
District
appointment.
Giving of securityby Comniissary
Taxation.
6. Every Commissary of Taxation

of
shall
as
to givesecurity
His
to
Majesty,
time
to
such
amount
and the
in
such
manner
determined
by performance of
of his may
may for for
from the
time due
be
and
faithful
for and
the duties
and office,
come
the
his
accounting
hands
as
payment of all moneys of Taxation.

Duties and
which
into
such
missary Com-
of powers District Commissaries.
and exercise shall have Commissary of Taxation and jurisdiction singular the powers, authority, heretofore possessedby a Sub-Commissary of Taxation, and all heretofore and jurisdiction and singularthe powers, possessed authority, such in his special capacityas by a Commissary of Taxation, whether he howsoever lawfullydo and Commissary, or otherwise ; and may perform within his District all acts which might have been lawfully done and performed by a Commissary or Sub-Commissary of Taxation in force previous and up to the under or by virtue of any Ordinance 7.
Every
District
within
his District
all and
commencement
of
this Ordinance.
Construction of references in certain documents.
8. other
Whenever
in any
such
Ordinance,
"
or
in
any
bond, contract,
or
writing,the expression"Commissary of Taxation," or "SubDistrict Inspector,"or any other Commissary of Taxation," or and shall be held expression of the like import is used, the same for all the purposes taken to mean District Commissary of Taxation"
"
of this Ordinance,
Seizures and
9.
which
All
seizures have
or
and
been
prosecutions.
might
penaltiesand forfeitures prosecutionsfor fines, made by a Commissary or Sub-Commissary of

virtue of any Ordinance of this Ordinance may for the may District arise. in force made
Taxation up
to
under
by
previous
and
the commencement
be
by
trict the Dismay
Commissary
be made
or
of Taxation
in which
the seizure
the
cause
of action
ORDINANCE
A.D. 1874.
*
No. for
OF
1874. Maintenance connected
An
Oedinance
of the
to
provide
Lake
the
Better the
Tapacooma
and
Works
therewith.
[11thJuly, 1874.]
WHEREAS eight
the
in the year
one
thousand and the
eighthundred
various canals
and
and
twentylocks
Tapacooma
Lake,
therewith, situated in the County of Essequebo, were and estaVjlished by the private enterprise, formed and jointaction of the of Plantations Anna Henrietta,Hichmond, La Belle, Proprietors liegina,
ijonnected
A.D.
1874.]
TAPACOOMA
LAKE.
[No.
1.
461
beth Grove, Fear Not, Sparta, and Catherine ElizaCoffee cost Windsor themselves known a t to and No. 1 (now as Castle), a thousand of twelve pounds sterling ; the 3rd day of June, 1828, a certam whereas And on agreement was of the said entered into by the proprietors plantationsfor the proper
Alliance, Lima,
maintenance,
connected And said Lake whereas
and
management,
;
was
and
control
of
the
said
Lake
and
Works
therewith
it Works His
then should
agreed that
be left with
the
two
immediate persons
the control for time
control who
of the
should
be
be
appointedby decision styled Commissai'ies, to whose bound said the of plantations, proprietors with furnish then to whom agreed they
proper And maintenance
Excellencythe Governor
being and they,the

submit,
for
and
said
and
themselves
to
the
of
and
;
a
management
the
the
necessary Lake
funds
the
and
the
Works
connected
therewith
at
whereas
meeting of
it
was
said
held proprietors
had been
on
the
28th
in
day
that
of
September, 1828,
said
sum
resolved, ascertained, and
determined
of the
the
of twelve that
thousand
say,
two
pounds
contributed
pounds Richmond, by Plantations thousand the ten and that La Belle Alliance, and Lima, remaining is to that in the been contributed had following proportions, pounds
the
twelve
followingway, thousand pounds
is to
thousand
said
had been
contributed
say,"
Plantation Do. Do. Do. Do. Do. Do. Do. Do. Anna
Regina
Henrietta Michmond La Lima

. .
Belle
Alliance
"
Grove CoJ'ee Fear Not

.
Sparta
Catherine
Elizabeth
and
No.
And
whereas
it
was
further other
from
resolved, at
the
said
last-mentioned
or
meeting,that
of the several therewith
lyingto the north plantations any mentioned hereinbefore wishing to plantations

of the
south in
share
the benefits to be derived

should
the said Lake
and
the works
sum
connected
of
be rood
pounds
for each
be the average said works ; And whereas should
sum
do so to on paying the the said sum being fa9ade, in expended by the said plantations allowed of its
also
eight
to
ascertained and about
the
to be agreed that all sums proportionin which the money had in the said works been provided,but that the said of thousand pounds should first be paid to the proprietors
it
was
so
received
be distributed
in the
expended
sum
of two
Plantations
Richmond,
And continued
La
Belle
Alliance, and
Lake and and
Lima the
whereas
to
the said
works
connected be
therewith of great
have
the present time
have
proved to
public
utility ;
And whereas
were
during
in the hands
to the said parties but, since honourably fulfilled,
tioned menthe plantationshereinbefore who were belonged to the proprietors and were faithfully agreements, the teruis thereof
the
time
of and
the
death
of
or
absence
of the
said
prietors, pronot
the
terms
and
out
conditions
;
the
said
agreements
have
been
And into
carried strictly whereas should
it is desirable
be sanctioned
by
and entered that the agreements so made law, and the proper maintenance, manage-
462
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1874.
ment, and therewith

Be
control
be
of the
said
Tapacooma
:
Lake
and
the works
connected
properlyprovided for
enacted
of the
it therefore
by
the Governor
of
of British
Guiana, with the

follows Lake
:
"
advice
Short title.
and
This
consent
Court
Policy thereof,as
as
1
.
Ordinance
may
be cited
the
Tapacooma
Ordinance,
1874. and the various and canals 2. The Tapacooma Lake locks, sluices, tion connecting the said Lake with the various plantations in communicaand banks of the said Lake, locks, therewith, and all the dams and sluices,and canals,shall be under the management, care, custody, of control of two Commissaries, who shall be styled the Commissaries shall be chosen and the Tapacooma Lake, and who appointed in the
manner
Maiiagem.eut of the Tapacooma

Lake and works connected therewith.
hereinafter
The and
a
provided.
all the
Nonimation of the Commissaries.
3.
Lake
proprietorsof
including
fit and proper
plantationsconnected
La
to
with
the
said shall proprietors and
Plantation person
Belle
Alliance, southward,
nominate
be
one
Commissary,
the said nominate
and
the from
of all the
plantations connected Lima,

other
with shall
Lake
some
including Plantation
proper person
to
northward,
fit and
be the
Commissary,
Votes
of
of proxjrietors
plantations.
of each projDrietors plantationshall have one vote for each roods and the person one fagade of their plantation, having of in his favour shall number the largest votes be considered to be the person nominated as Commissary : Provided always that if the of the roods of the fagade of a plantation number is not divisible by without the one hundred, leaving a remainder, proprietorsof the shall entitled be if such to remainder extra exceeds an vote, plantation fifty.
4. The
hundred
Approval
nomination.
of
5.
until and
No the in
so person nomination
nominated
has of the
to
shall
be
deemed
of
to
be
Commissary
;
been
approved
by
the
Governor-in-Council
not
the
event
Governor-in-Council
approving
of
any
nomination
submitted nominate
having
Term of office
to
shall
them, the proprietorsof the plantations fresh nomination. a proceed to make

office for two years from re-election. other
6.
their
The
Commissaries
shall hold shall be
the date of
of Commis-
saries.
case
appointment, and
"
for eligible
occurs,
Procedure
ui
7.
of
(1.)Whenever
or
vacancy
the
Commissary, or
if he
refuses
vacancy.
by
at
neglects to act, or if there is none, then, on the written application of any proprietor the Government interested, Secretary shall, written notice to be left with the person in charge of the plantation, the proprietors of each plantation entitled to vote to meet recjuire
and
time
ten
place within
and
not
more
the
district to
fifteen
to
be
named after
to
by him,
the date
not
less
than
days
no
than
days
of such
intimation,and then
and
there
nominate
at
(2.)If
then
the
person
is nominated may
the
a person time and
be
Commissary.
person
to
place so appointed,
be
Governor-in-Council of the said Lake.

for the nomination
appoint
any
suitable
Commissary
Mode of
8.
Votes
of
voting.
writing, and may be given either by attorney, and it shall not be
the
Commissary may or proprietor

for the
his
necessary
given in stituted duly conor proprietor
be
A.D.
his of
a
1874.]
to
TAP
AC
00 MA
LAKE.
[No.
for the nomination
1.
463
attorney
be
personally present
nominated and
at any
meeting
Commissary.
The
9,
Commissaries
so
and
to maintain authority power and and repair the said Lake
and
keep
in
approved shall have full Powers of the Commissaries, thorough order,elliciency,

as
all works and
connected
banks
including
have
all
locks, sluices,dams,
therewith, as well otherwise, and shall

of
water
and authorityto regulatethe flow full power the and to put and said plantations, Lake said to dams
from
canals
the
leading from
and
to
the the
said purposes
Lake
to
the
said
keep in plantations
are
the
and
order ;
for
aforesaid
all the
sums
they
or
authorized
that
as
pi-oper and
empowered
necessary
expend
and
lay out
may be
of money recovered
be lawful
sum
may
be
said
therefor which Provided

to-
obtained
it shall
one
hereinafter
for the
provided :
Commissaries hundred
always that expand for any

the
at
not
work
of
a
any
exceeding five
votes
dollars be
without
sanction
majority of
not
for the
to proprietors
notice shall be 10.

al)Out
, ,
given given by
of
money
.
the
any Commissaries
meeting, of which
or
less three
days'
in
either
of them.
All
,, the
sums
.
expended
'' ^
.
by
the
1
"
said
Commissaries
1
"
or
Apportionment
of expense of and
maintaining,
the said
improving
connected
or working, keeping management, the locks, sluices, canals, Lake, and
or
or up dams
niauitaming
the Lake
works. tations apportioned amongst the different plantheir of of the roods interested in proportion to the number mond the Richwith connected fa9ade: Provided always that the expenses be shall said Lake it with the and lock the canals connecting the Lima the of the south to borne exclusively lying by plantations
therewith,
shall be
fresh-water
sluice
and
the
canal, and that the canals connecting

Li7na and the canal.
sums
Lim,a the with connected expenses the said Lake shall be borne it with the
by
Plantation
lying to plantations
north
of the said
Lim,a
fresh- water
"
11.
(L)
as
All
of
aforesaid
shall be
at the
requiredor expended money from the several recoverable

of the said
saries by the Commisplantationsby

or
Recovery of
moneys
parate
them.
execution
instance
Commissaries
of
one
of
requiredor expended for

maintenance.
or signed by proof of shall,without requiredor due by a plantation fact of the that the signaturesor evidence be signature, prim,d facie the said amount is so requiredor due, and also that it is recoverable by parate execution. againstthe said plantation
(2.) A
statement
the
said
Commissaries
one
of them
of the amount
legal proceedings that of preservation and maintenance

sluices,dams,
or
12.
All
may the
be said
necessary
for
the
proper
Legal
"^^ F."f^g
Lake,
and
of the
due
locks,
or
works
connected
carryingout
on
of the
powers,
therewith, or duties authorities, or
for the
exercise
or
Commissaries,
granted to
imposed
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.
shall be lawful for the
13.
"
(L)
It
said Commissaries
to
impose
on
Power
to
all persons using the said the than proprietors of the
Lake, locks,sluices,canals, or dams, maintaining the said Lake plantations

tolls
or
other
or
jj^'/eesfro
strangers the Lake woi'ks
using
and
works, their servants

Court
or
agents, such
time
.
fees such
as
the
Governor
and
Policy may (2.)For the more

for the said
of
from
to
time
sanction of
and
approve.
or
effectual
recovery
tolls
or
fees,it
of
shall
be lawful
Commissaries, by
themselves
either
them,
464
No.
1.]
by
their
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
or
1874.
other
or
servants
or
or
agents,
such
to
detain
tolls
all
craft,timber,
or are use
articles
carried
conveyed
not
over,
along, in,
or
upon the
the
said
Lake,
locks, sluices,or
canals,until
person,
fees
to
paid,
said
(3.)Every
sluices,or
the
same,
or
being
to
entitled
go dams
or
Lake, locks,
canals,who
attempts
or
goes
or
over,
along
tolls
or
upon
the
banks be
a
paying
shall be
such
fees, shall be deemed
to
along,in, or upon without of the same, wilful trespasser and

the land
to
liable to In
punishment accordingly.
prove
(4. )
was
the the
land
such it shall be sufficient to state that case every of the Commissaries of the Tapacooma Lake, and under the their said
to
that
placein questionwas
shall be
to
management
or
control. it may
Eegiilation of quantity of
water dra^vii
to be
14.
It
lawful be
for
Commissaries,
so, to
whenever
by eaoh plantation.
regulateand determine from said the Lake water by each of the therewith in each of connected day twenty-four hours, and plantations the time the to determine for that purpose kokers, during which of the several shall remain tunnels said or sluices,or plantations open shall shut on each day : Provided always that the said Commissaries permit the kokers, sluices,or tunnels on the said several plantationsto in each remain day as, taking into open for such periods respecbively
to them appear the quantity of
necessary to be drawn
do
consideration
of the said for each rood
the
size of such draw
or kokers, sluices,
tunnels, will allow
each
water
to plantations
in each
day
an
equal quantity of
of its The the
fa9ade.
or on
Penalty on
manager of
15.
"
(L)
with
manager said Lake
in person which the
charge of
any
nected plantationcon-
koker, sluice,or
tunnel
remains
plantation drawing laore

water allowed than
by the
Commissaries.
allowed or or beyond the time determined by the Commissaries open 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 dollars for every hour of fifty or during which such part of an hour tunnel after the expirationof the remains or koker, sluice, so open time
so
determined
or
allowed
as
aforesaid.
See No. See No.
Ordinance
12
of
1893.
Ordinance
13
of
1893.
by any (2.)Every complaint for any such offence may be made such before the StipendiaryMagistrate of the District in which person determine is situated, who shall have full power to hear and plantation and the same, the procedure shall be that provided by any Ordinance for the time being in force regulatingprocedure before Stipendiary and shall be in Magistrates the exercise of their summary jurisdiction, the Ordinance for the time to appeal provided by any subject being in force regulating from the of decisions StipendiaryMagistrates. appeals
said of any plantation with connected the not now proprietors from desiringto participate in the benefits to be derived thereshall be permitted to do so on cost, all the making, at their own works with said communication to the into bring plantation necessary the said Lake, and connected the other to on now plantations paying therewith dollars and a sum equal to thirty-eight fortycents, or eight of the roods of the fagade pounds sterling, nmltipliedby the number of the said plantation, and all sums so paid shall be distributed amongst the said several plantations in manner that is to say, The following, first sums received shall be paid to Plantations Lima, La Belle Alliance,
Right of proprietorsof neighbouring plantations to participatein

benefits Lake
terms.
on
16.
The
Lake
of the certain
"
and
Richmond,
each
to
that
fourth
Plantations
Lim,a is to say, one-half to Plantation ami La Belle Alliance Richmond,

one
and until the

sums
one-
the
two
so
first-named
last-named
has received plantation plantationsfive hundred
thousand
pounds
and
and all
pounds each,
A.D.
1875.]
after the said
in the
Anna
PUBLIC
HOLIDAYS.
[No.
been
so
1.
465
received
sura
shall be divided
Plantation Do. Do. Do. Do. Do. Do. Do. Do.
pounds has followingproportions, namely,

"
of two
thousand
re-paid
llegitia
...... .
.....
'22\per
. . .
cent.
Henrietta
Michmond
.
b\ .10^^
do. do. do. do. do. do. do. do.
La Lima
Belle
.......
Alliance
14|
17 9^
Grove Coffee
Fear Not
5|
6
Sparta
Catherine Elizabeth and No.
1
. .
8|
17.
"
(1.) The
of proprietors
to
any
so plantation desiring a
pate shall be bound
submit
to
works the
proposed canals, locks,sluices,dams, and with such plantation into Cdmmunicatiou

commence
Submission for particithe of plan p|!fn"(,f for bringing posed connectrequisite
to
,ro
said
or
Lake,
works
and until
shall
not
ing works,
thereof
has
any been
must
such
so
canals, locks,sluices,dams,
the
of
plan
the
approved, and
made and
all such
canals,locks,sluices,dams,
to
and
works
be
executed
the
satisfaction
Commissaries.
not or plantation, part of a plantation, worked added or or being joined to, coiuiected therewith, the plantation so prewith, a plantation now viously shall not be entitled to draw connected greater quantity any than from it was entitled to before such of water the said Lake tation planof added so or a or was joined thereto or worked plantation part therewith, unless all the requirements of this and the last preceding or section have been complied with in respect to the plantation, part of a plantation, so added, joined or worked.
(2.) In
the
event
of
any
now
connected
with
the said
Lake
18.
as
In
the
event
of the
two
Commissaries
duties
or are
to
the mode work

to
in which
their
the
allowed before
required to be done, they any plantation,
being able to agree performed, or as to to the quantity of water to be as hereby required to lay the matter
not
Settlement
of
ought
to
be
w^'^^"''tv,
Commissaries,
the Governor-in-Council, whose
decision
shall
be final.
ORDINANCE
An
No. make
OF
1875.
Ordinance
for Public Holidays, a.d. i875. provision make to and respecting Payments and as uiis of Obligations Public such do other Acts s^foX^ffce on Holidays.
to
to
i\"o.13
^
[27th ]\Iarch,1875.]
-"
o/"1891
WHEREAS day
after
it is
Christmas
Holidays, and
Proclamation
Be
:
provision for rendering the expedient to make Day, and also certain other days, Public for enabling Public Holidays to be appointed by
the Governor of British
it therefore
enacted
of the
by
Guiana,
follows
:
"
with
the
advice 1
.
and
This
consent
Court
of
Policy thereof,as
as
Ordinance
may
be cited
the
Public
Holidays Ordinance,
Short
title.
1875.
466
No.
days
1.]
After
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the several
1875.
Certain
2.
the
in
commencement
of
to
this
Ordinance,
to be Public
mentioned
hereinafter
the
Schedule
as
this
Ordinance
Holidays.
Schedule.
(and
be
which
as
days days are

days holi-
referred to
Public and
Holidays) shall
in all banks
kept
close
in all the Making of papiient on Public Holiday.
publicoffices
Public
on
in this
Colony.
or
3.
do
"
(1.)No
act to
any
person such upon

or
shall be
do
make
compellableto make any payment not be Holidays which he would Christmas Good Friday. Day or
to
pellable com-
and do such act shall such payment to make obligation and the making of such Public the to Holiday ; day following apply such shall be of such and such act on followingday doing payment the of the act of the to on or performance equivalent payment money holiday.
(2.)The
Power Public
to appoint
4.
as
It shall be may
see
lawful
for the
Governor-in-Council
to
from be
time
to
time,
as
a
Special
Holiday.
appoint a specialday Public Holiday, and any day so appointed shall be kept as a holidaythroughout this Colony and in all publicoffices and in all in this Colony.
he
fit, to
observed
close banks
Power
to
alter
5.
from
case,
It shall be time
to
lawful
for the
Governor-in-Council
to to
in him in
like
manner,
day apointed
for Public
time, when
Holiday.
that in any year a day by 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 fit to be a Public such other day as to him seem Holiday appoint may the instead of such day, and thereupon day so appointed shall in such year be substituted for the day so appointed by this Ordinance.
appear it is inexpedient that
it is made
special any this Ordinance
Section
2.
SCHEDULE.
Public The The The The falls
on
Holidays.
,
First
Easter
of January, if Monday. Monday in Whitsun
week-day.
"Week.
First
August. Twenty-sixth day of December, if

a
Monday
in
week-day, but
if the
Twenty-sixth day
Sunday,
then
the
Twenty-seventh day
of December.
ORDINANCE
A.D.
"
No.
OF
1875.
1875.
*
"
An
Ordinance
to
for the
-^
Ordinance
No.
s.
13
of
1894
(10.)
conveyed placed along the

purposes.
be
Water of enabling Fresh purpose Amsterdam to New through Pipes Public
Road,
and
for
other
incorporated.
[15th May, 1875.]
WHEREAS Amsterdam
the
it has with
been
water ;
determined
for
to
supply the
and
Town
of
New from
drinking
other
of strips have
purposes
Crown
CaiijoCreek
licences the said
And
the
whor(!as
lying between
Board of
of occupancy of certain Creek and the said Town for

a
Lands
been
;
granted to
Superintendencethereof
water-way
468
No.
to
2.]
THE
LAWS
OF
BRITISH
GUIANA
A.D.
1875.
Power
place
or
5. The
across
Board
any
pipes across trenches, etc.
adjacentto any bridgeforming jârtof

Approval placingof
pipes. may
Conditions exercise powers. of of of
pipes, under, over, place and maintain may intersect trench, canal, or water-way which may the public road, and or under, along, over, upon,
the
along,
or
lie
across
publicroad.
under in the
6.
All
of this Ordinance be
relaid by the Board or laid, pipesplaced, shall be placed and maintained approved by the Governor-in-Council. the exercise of the powers
or
such
provisions positionas
7.
"
(1.) In
the than
conferred
Ordinance,
further
not
Board
shall not
for
stop
the
impede
of
them by this upon road traffic on the public

their
is necessary
execution
works, and
shall
of than time more one-third in width against traffic at one the public road, or of any way opening into the public road ; and shall not place their pipesso as to interefere in any way .with the free use by interested of any navigation or the persons draining or other trench, ence inconvenilittle detriment as or canal, or water-way ; and shall cause close
as
circumstances
admit
trench, canal, or water-way
to or persons belongs or is used, and to
the
by
whom
the
as
said little
shall do land
damage as may be. lessees of or (2.) In case of the proprietors the public road digging,making, or using any
or
the
new
adjacent to
and
or
trenches,canals,
their of
remove water-ways, the Board shall, at their own expense, pipes so as not to interfere with the digging, making, such new trenches,canals,or water-ways.
relay using
(3.)The
interested
exercise
Board
shall
make
full
compensation
reason or
to
all
for all
damage
sustained
by
in consequence he
persons of the
of such
determined
most
by
Board
and the amount powers, the Governor-in-Council
of such in such
compensation shall
way
as
be
may
deem
feasible and
The
and equitable,
shall not
his decision
shall be
final.
Limitation
of of
.
right to
pu
J c
user
roa
acquireor have any rightother than that of publicroad in, under, or along which only way their the soil of any trench, canal, or waterin or they may place pipes, under, over, along or across which, or in or to any bridge upon, which under, over, along,or across they may placetheir pipes.
8.
the
user
in the soil of the
Prohibition
of
9. under
The
Board
shall
not
sell,transfer,or
the consent
lease
any
of their
rights
of the
sale, etc., of
this Ordinance
without
previously obtained
level of
right,without
consent. Eemoval
Governor-in-Council. 10.
of
of
case
If at any
time
hereafter
the
line
or
pipes in
alteration
of
publicroad in, under, upon, over, along, or across ^j^gBoard are placed is altered,the publicroad as and be deemed to be the public road for the purposes
and from the Board the shall be
any which
so
portionof the any pipes of

shall
altered
be
;
of this Ordinance notice in
bound,
on
with all Commissary of such expense, the in such and to replace convenient same speed,to remove pipes, of in the be case such position as required by Commissary : or, may between the Board and the Commissary, in such positionin difierence be determined all respects as may on by the Governor-in-Council.
receivingone month's at their own alteration,
writing
Execution
Notice to be
of Works.
the
1 1. Before
given before opening road.
give notice
to
the
opening or breaking up Commissary of their
publicroad, the
to
Board
or
shall
up
intention
open
break
A.D.
such
such
1875.]
N.
A.
WATER-WAY,
[No.
2.
469
the time at which they will begin ; publicroad, specifying the commencement notice sIkiH be given ten days at least before
and the
the
of the work
work, except in
case
proposed to
Board
or
be
done
shall
of emergency, be given
in which
as soon
as
case
notice be
of
may
after
commencement
thereof.
shall
1 2. The
complete
the
work
with
on
account
of which
open may shall carry away ground and make
break
up the public road occasioned all rubbish
all convenient
they speed, and
Execution
of
winch f'^r ^'o^j^.
good
a
the
road
or
to
as
good
up.
condition
thereby,and shall fill in the the public surface, generally restore which it before that in was as being opened
and
opened,
broken 13.
While
such
works
be
at
are
part of the public road fenced, to securely
which
in progress is opened
the
or
Board
up and
shall
cause
that
to
Fencing, etc.,
of work
^ '^
'
broken
by
to
them be
be
properly watched night.
by day,
properly
'
lightedand
14.
watched
comply with any of the precedingprovisionsFailure to with opening and breaking up of the public road, the comply respect with Commissary forthwith,at the expense of the Board, shall make good the pj-ovisiwis parts of the publicroad opened or broken up, and not properlyrestored, respect to user "*'^"^ 1'^^^^^'^ and shall provide the necessary fencing,lighting,and watching, and the thereby incurred shall be recoverable from the Board expenses of Justice in any Court by the Commissary suing having jurisdiction in his officialcapacity.
If the
Board
fail to
with
to
the
and Ojffences
Procedure.
Offences the under
15.
Every
person
who
"
Ordinance.
act does any tending to injure any pipe or (1.)Wilfully injures, the provisionsof this Ordinance ; or placed by the Board under erected for supplying fresh the of or buildings machinery any water to or forcingfresh water through the pipes so placed; or reservoir canal sluice of any dam or dug or constructed or any for the conversance, collection, or preservation of the fresh water forced through the pipes so placed; or any to be suppliedto or
such
canal
or
reservoir ;
or
to be thrown or put, (2.)Wilfullythrows or puts, or causes dead animal such pipe,canal, or reservoir, any dirt,filth, or matter corrupt the water ; or tending to contaminate
into any
or
other
(3.)Commits
any made
or
such
any canal the

cut
or
nuisance
or
on,
or
or
bathes the
or
washes
makes
any
clothes in,
to
reservoir ;
in
(4.) Without
any
permission of
or
Board,
or
causes
be
reservoir, or
in
or
through any opening places or constructs, or causes

upon any such canal
dam
of any such canal to be placed or constructed,
through pipe or
any contrivance
dam
thereof,or
whatever
inserts
to
reservoir, or in, upon, or or in any sluice, pipe, pump, any be used, or capable of being
water
used, for the purpose of drawing off the such sluice,pipe,or reservoir,
shall be 16.
contained
in
any
guiltyof
an
offence
under this
this Ordinance. Ordinance and form

may be
Every offence under in manner Magistrate, Stipendiary
tried
by
any
Procedure,
by any prescribed
Ordinance
p^'^^lti'
470
No.
2.]
the
time
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1875.
See No.
Ordinance
12
of
1893.
See Ao.
Ordinance
13
0/1893.
regulating procedure before Stipendiary their subject to the jurisdiction, Magistrates summary in force for time Ordinance the provided by being regulating appeal any of Stipendiary Magistrates ; and, on the decisions being appeals from of bathing, pay convicted, the offender shall, in the case a penalty not not cases exceeding ninety-six exceeding ten dollars, and in all other
for
being
the
in
force
in
exercise
of
dollars.
of Making compensation for damage by person convicted.
17.
expenses
Every
or
offender
so
convicted
shall, in addition,
Town of
incurred
repairing,
convicted
Court
by the making good

such expenses
and Mayor the injury shall
pay Council
all reasonable in he
replacing,
has been in any conviction
causing
which
the
by and certificate of the a jurisdiction, tried the case, or, in the purporting to be signed by the Magistrate who absence from the of his death event or Colony, by any other Magistrate, of and account the incurred, an so purporting to be certified expenses the taken be sufficient shall, together, Secretary, proof to establish by of the the defendant. liability primd facie
; and
be
recoverable
Board
of Justice
having
Laying of property.
18.
In
all
legal proceedings by,

be sufficient
to state
or
on
the
part
that
Board,
the
it shall
generally
or
building, dam,
property
19.
All
sluice, canal, reservoir,

Board.
other
against the pipe, machinery, in question is property

of, or
the
of the
Mode
on
of carrying
legal
proceedings.
by, or on the part of, preferred, instituted, defended, or carried of in the name the shall no Secretary ; and proceedings whatever on be of the abate discontinued death, resignation, removal, or by reason time other disabilityof the Secretary for the of or being, or by reason the Board in change by death, resignation or otherwise. any legal proceedings
Board shall
or
under
this
Ordinance
against
the
be
Service process.
of
on
20.
the
Service
on
the
Secretary
shall
be
and
be
deemed
to
be
service
Board.
Execution documents.
of
2 1
.
All
documents
shall thereto be
whatsoever
this
Ordinance
signed by
of
proceeding from the Secretary, he

the Board.
the
Board
first
under
being
duly
authorized
by
resolution
Onus
as
of
proof
22.
for have
In
to
oilicial
the
capacity.
done
legal proceedings under this Ordinance, it shall not that or plaintiff" complainant to prove person any in official act as an duly authorized capacity was any
be
was
be who
sary neces-
may
so
to
act, but that

such
it shall person
competent
not
for
the
defendant
or
the
accused
to
prove
duly
each and
authorized.
Protection person under
of
23.
every direction done
or
The
servant
Board,
of
and
and each
acting
the
thereof,
the
Board
to
every and
member eveiy
to
thereof,
person all
matters
and
each
and
acting
under
and
the
Ordinance.
shall, with
done of the under Justices
respect
this
things
the
intended and
be
No.
2 of 1850.
benefit
protection
Protection
to Ordinance, be entitled Oi'dinance, 1850.
A.D.
1875.]
PUBLIC
OFFICERS
(PENSIONS).
[No.
3.
471
ôrdinancp: An Ordinance
and
to
no.
of
1875. of Pensions
provide for
the
Payment
A.D.
1875.
""
"
Retiring Allowances
to the Public
Servants
of
ordi: 3
nance
the
Colony.
of 1860 by the Superannuation Ordinance provision for the payment of superannuation or retiring ances allow-
No. 13 of 1894,
s.
(ll!)
[24th March, 1876.]"incorporated
WHEREAS
was
made
to
tlie publicservants
dollars per
cent,
of the per
annum
Colony by
from
an
abatement salaries
at
or
the
rate
of
four
; at
their
official incf)mes And

on
whereas
the
the 29th
future
from
in
children
allowances
Annual Court it n-as, Meeting of the Combined May, 1871, resolved,"that the present abatement salaries of public officers for superannuation allowance shall form fund for providing pensions for the widows and a of deceased and "that the superannuation public officers," to public officers under the existingsystem shall be continued
the
day
of
without
And
was,
on
any
abatement other of
from
the of and
salaries the
on
for that
"
purpose 22nd
whereas, by
the 29th be
Resolutions
said 11th
Combined
and
Court,
it of
day
May, 1873,
that
of officers
the
days
June, 1875, further

should
resolved
pensions and
the
amount
retiring
and
on
allowances
paid
to
public
:
the
conditions
hereinafter
Be
contained
it therefore
enacted
by
the
Governor
advice
and
consent
of the Court
of
of British Guiana, with Policythereof,as follows :

"
the
1. This
Ordinance
may
be cited
as
the
Public
Officers
(Pensions) Short
title.
Ordinance, 1875.
Rates
of
the
Pension.
commencement
2. Every public servant
at
of List
this
Ordinance
or
holding
and
any in the Annual
of
the
offices named Estimates

one
as
in the Fixed and
Civil
Ordinance
of the and
Rate of pension to officers now scribed de-
Establishments
dollars forty-four
at
drawing a salaryof
to
a
hundred
Ct"lony, upwards,
of
liolduig office.
shall be entitled the annual

or
pension calculated
office he
the
at
rate
of
one-fiftieth of his
retiring may have been in the becoming superannuated for each year he may addition shall be made no public service up to thii*ty-five years ; but in of service respect beyond thirty-five always any j-ears : Provided that the publicoffices before referred shall be taken all to to include
offices
or
salaryof the
hold
the
time
aj^pointments the
holders under
of the
which
have
become
entitled to Ordinance
of
superannuation allowances
1860.
Superannuation
3. Every publicservant
of this Ordinance
entering tlie public service after and holding any of the offices
described
and in the Annual
a
the named
as
mencement Rate com-
of
pension
in
to
officer
the Civil List Establishments and

^
Ordinance
of the
or
Estimates of
one
Fixed
entering service
hereafter.
forty-fourdollars
Colony, drawing and upwards, shall
salary
hundred
a
be
entitled
to
pension
to officers
No. 11 of 1903, s. 28, but its Repealed by Ordinance 1897, by ss. 26, 27 and 28, appointedbefore the 1st April,
effect saved
as
472
No.
3.]
at
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
amount
1875.
such
calculated
the rate
of one-fiftieth have received
of the average
for the three
annual
public
the may
servant
time have
when been
shall
may he retires
in be the made
addition years.
preceding years superannuated for each year he no public service up to thirty-five years ; but in respect of any service beyond thirty-five
or
last
becomes
Qualifications for Pension.

Service and iige
4.
"
(1.) No
of the
to necessaiy entitle to
sevrice Ordinance and

so
public servant Colony on

he has been
shall be
a
entitled to retire from

under in the
the
public
this
pension
ten
the
provisions
of the
of
pension.
unless
no
public servant
to
retire unless
years age of fifty-five years shall be entitled it is pi'oved, of the Governor-into the satisfaction
service
Colony,
under
the
of mind such public servant is incapable from infirmity and that such infirmity is body to dischargethe duties of his office, to be permanent. likely (2.)Every Judge of the Supreme Court shall after ten years' and service be entitled to a pension of fifteen-fiftieths of his salary, for of service of each succeedingyear addition one-fiftieth of his to an salaiy up to thirtyyears'service ; but no addition shall be made in respect of any service beyond thirtyyears, nor shall the pension of any such Judge, in respect of the whole of his service in any capacity in the his of of exceed 12 1895, thirty-five-fiftieths Colony, salary. (Amd. s. 3 (5). )
Council, that
or
Exception
the Police Force.
of
and other members of the Police 5. The privates Force, except and under Clerks, shall not come Inspector General, Inspectors, of this Ordinance. provisions
the
the
Maimer
of
6.
The
service calculated
vice calculating ser-
shall be
allowance in respect of which any pension or retiriiig under be conthe provisions of this Ordinance must tinuous the officer has the been absent from the
of officer.
except when
of the duties the
service of be
performance
;
of his office with
permissionof the Government

shall, for
the date the of from
and this
Ordinance,
public every taken to commence
servant
purposes of his first permanent
and except as save appointment to any ofiice under the Government, of the Court the the to Judges special pensions Supreme regards and hereinbefore save except as hereinafter provided, and further provided. heretofore and still in the service public servants of salaries in receipt exceeding six hundred Colony who, being to contribute to the Superannuadollars per annum, did not, by failing tion dinance under the to become entitled Fund, Superannuation Orpensions the for of 1860 s uch Fund, shall, establishing Superannuation the of this from 1st taken be to to commence Ordinance, day purposes of June, 1871 : Provided always that every such publicservant may,
Extension benefits Ordinance fifficcrswho did not
of of the
to
7. The
service
of
of the
tribute con-
to the
Superannua-
tion Fund.
if lu! thinks
fit, pay
in
to
the Receiver
or
General
or
the Assistant
Receiver
General,
a
either
cash
in
sum
by
him
equal to during
two per cent, of the Superhis past service up to the commencement annuation Ordinance of 1860, and a further sum equal tofour per cent,
equal monthly instalments, thirty-six received official income the or salary upon
the salaryor ofiicial incftme received upon of the said Ordinance commencement up
by
to
him
from
the
date
of the
the 1st
day
of June, 1871,
A.D.
1875.]
shall
PUBLIC be
lawful
OFFICERS
for the
(PENSIONS).
Governor-in-Council
to
[No.
pay
3.
Power
473
to tlie Govenior-in-
8. It
to any
a who, being the holder of an office in respect of which publicservant Council to from infirmity pension is granted by this Ordinance, may be constrained (,'i'aiit retiring of mind l)()dvto leave the publicservice before the completion oi the iilluwauce b" or certain cases. of money period which would entitle him to such pension, such sum think by way of retiring allowance, as the Governor-in-Council may month's of one not exceeding the amount salary or official proper,
income
of such
office for each shall l)e
year
of service
Provided medical
that
no
such
retiringallowance
the
is satisfaction from incapable
of the
to certificate, granted,except upon Governor-in-Council, that such public servant infirmity of mind or body to discharge the duties of
his office, and
tliat such
is likely to infirmity is
be j)ermanent.
9.
reason
Tf at any time public servant any of the abolition thereof,it shall be

to
deprived
such
of his office
by
Provision
case
in
lawful
for the
Governor-in-
of abolition
of office.
Council
determine
to
some
the terms
other
upon
which
publicservant
to
shall,
been
on appointment provisionshereof
be office, the
entitled
the he
benefit of the
may have
or
shall
be
in respect of the unemployed ; or, in

to publicservice,
periodfor which
event
of his
what for
employed
in the
determine
being again gratuityor pension,

not
if any, shall be granted to such public servant which he has been in the publicservice of this
the
periodduring
been dismissed
Exclusion Ordinance consequence dismissal. from in of
Colony.
office may
or
10. from be
No
publicservant
service, and
from
no
who
has
resignedhis
who
the
public servant
hereafter
resign or
to
benefit of the
his office for misconduct, shall be benefit of the provisions of this Ordinance. 11
.
dismissed
entitled
the
resignationor Appointment
of
Every public servant

for the sjjace of the 29th five
who,
after
Colony subsequentlyto
a^^pointed by
His the
His
day Majesty to
and years of May, 1873,
holding any office in this have been, upwards, may

or
officer to office elsewhere.
on Majesty'sDominions, entitled, service from of His of or Majesty whether by reason infirmity his being superannuated, to demand and receive ment from the Governof this Colony a pension, at the rate of one-fiftieth of the salary official income of the office last held by him or in this Colony for each year during which he may have been in the public service of this Colony.
any shall be
public office
hereafter be, may other part of any his final retirement from
in
who
12.
"
(1.)In
from
the
any
case
in which
the
income
of
derived furnish such

within
fees,or partlyfrom
fourteen Receiver
fees and the

a
such salary,
is servant ^ûblic servant public
Furnishing quarterly
certiticates officer
of
shall, within
the Auditor
by
days
General
from with
amount
expiration of
fees received
each the
quarter,
hand of
paid
under certificate, of
by fees.
General, of the
any such
by
him
during
quarter.
(2.)If
the space of fourteen have forfeited all claim to any of the fees of his office.
such fails to furnish public servant he shall be days as aforesaid, allowance pension or retiring
certificate
deemed
to
in respect
Miscellaneoibs
Provisions.
may
13.
In
all
cases
where
any
doubt this
arise,the Governor-in-Council
determine
Settlement
shall have full power and sidered public officers of

VOL. I.
authorityto Colony
who
the
shall
be
con-
alisinglln
the Ordinance.
within
meaning
of 33
this
474
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1875.
in
Ordinance,
the
and
to
decide
to
all be
questionswhich
allowed
in
may
arise the
period
in
of service
this
to
servants
under
arise
respect
from
computing Ordinance, and likewise all questions which may the retiringallowance or pension to be granted to
or
claims
respect to of public
any be derived
officer whose
official income fees
partlyfrom
nature
have may fees and may
been
at
any
time also
and salary,
in
or may all other
questionsof
provisions of
Power
Crovernor
whatever
which
arise
connexion
with
the
this Ordinance. shall the

the
age
to the
to
14.
servant the
The has
Governor attained
-fi/-.,
have of
power,
at
any
time and
after
ten
public
in
"
require officer above 65 years to retire.
sixty -five
to
-i
years
been
years
p
public service
oi
Colony,
the
the
of
publicservice
15.
All
under
such servant require of this Ordinance provisions
to retire
irom
Payment
retiringallowances
of 1860 of the shall
due
and
Superaimnaaiices.
îoii Ordinance General Revenue
hereafter under
be due
payable under the Superannuaand payable out of the
Colony
this Ordinance.
OKDINANCE
A.D.
"
No. make
OF
1875. Practice of
1875.
"
"
An
Ordinance
Vaccination.
to
compulsory the
Ordinance No.
8x.
1894 3 and 7 and 5 3
of
[1stNovember,
1881.]
should
of 1894 incorjyorated
.
No.
See No.
also n
WHEREAS
the be Be the made advice and
it is
expedientfor
pox
the
disease
of small
that
the
Ordinance
of protection of practice
the
publicagainst
vaccination
of
1903.
compulsory :
enacted
it therefore
by
the
Governor of
as
of
British
Guiana,
follows
:
"
with
consent
of the Court may
Policy thereof,as
Shoit
title.
1. This
Ordinance
be cited
the Vaccination
under Medical any
Ordinance, 1875.
Ordinance for the shall be
Vaccination Districts. See No.
2. Tlie Medical
time
1886.
Districts force
appointed
to
being
The
in
relating
under
the
Department
Ordinance
5
Vaccination
Districts Governor
this
Ordinance.
of
Making of regulations.
to from time to time make secure regulations may the provisionand and supply performance of vaccination of vaccine lymph from England, and shall appoint the stations and the attend for times each Public shall respectively which Vaccinator at of the purpose of vaccinating 1903, s. 29.) (Amd. 26 persons.
3.
the
efficient
Appointment
and
tion remunera-
4.
"
medical
for any number
Governor (1.) The to practitioners
be
appoint one may Pu])]ic Vaccinator a
or
more
duly qualified
Vaccinators
or
Public
of Pulilic Vaccinators.
Vaccination
District.
sufficient District there are not in any Vaccination a (2.) Where the of duly qualified medical on the Governor, practitioners, reconmunidation of the General, appoint proper Surgeon any may
or person persons such District.
to
be
Public
Vaccinator,
or
Public
Vaccinators, for
fees for the formance per-
(3.)Every
therewith
as
Public
Vaccinator in his
shall receive and
such
of vaccination
District
of other
and direct,
duties such
connected
fees
the
Governor-in-Council
may
shall
476
No.
4.]
cause
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
in order that
1875.
he
or
it to and
be
taken
to
the the
Public result of
Vaccinator the
may
inspect it
and, in the event operation, of the vaccination being unsuccessful, such father, or mother, or other the child to be if the Public Vaccinator so directs, cause shall, person
ascertain forthwith
again vaccinated previous occasion, (s.7 )

"
and
again brought
for
inspectionas
take fit, for the
on
the
Power Public
to
nator Vaccito take
11. (1.)The Public Vaccinator vaccinated healthy child successfully
may,
if he him
sees
from purpose
by
lymph
any of
lymph
healthy
from child.
vaccinating any
from any such
other
child who such
(2.)Ever}' person
child
then present. prevents any such
Vaccinator
from
an
lymph
be
shall
be
a
guiltyof penaltynot
so taking offence,and,
dollar,
Giving of
certificate of snccessful vaccination.
being convicted thereof,shall (s.8.)

12.
who
"
liable to
exceeding one
child has been
verified
may mother of
the successful vaccination of any as (1.)As soon medical or by inspection,the Public Vaccinator have performed the operation shall deliver to
practitioner
the father
or or
such
such
custody of
Schedule Form No.
:
child, or child,a
person certificate under Schedule
to
the
having
his
the
care,
nurture,
such
hand,
according to
or
the
Form
2.
No.
as
2 contained
iji the
to this
Ordinance
other that
form such
from time time be authorised to may child has been vaccinated. successfully
by
as
the
Governor,
of the
(2.)Such
non-compliance
may
I?nfitness of
child for vaccination.
certificate of with such the
shall child
be
on
admissible
evidence
cessful suc-
vaccination
provisions be required, (s.9.)
any complaint or of this Ordinance
information where
for dence evi-
such
13.
"
(1.) When
that the
opinion vaccinated, he shall deliver having the custody of such

to
3.
Vaccinator any Public child is not in a fit and

to
or
medical
state
proper
to
is of practitioner be successfully
or
the
a
father, or
Schedule
in
a
mother,
his
to state
other
person
to
child in
certificate under
hand, according
or
Schedule Form No.
the Form
like
No.
3 contained the
the
this Ordinance unfit for
the
that effect, such
child
is then
successful
vaccination.
(2.)Any
Vaccinator
or
certificate
shall
remain
in force six
for six months, and

until
a
shall be renewable
for successive
periods of
months
Public
the child to be in a fit state practitionerdeems for successful vaccination, when all reasonable the child shall, with despatch,be vaccinated, and the certificate of successful vaccination by the result, duly given, if warranted (s. 10.) Insusceptibility
of child of successful vaccination.
medical
14.
child
If any whom
Public he has
Vaccinator
or
medical
unsuccessfully
a
vaccinated
successful has
or
vaccination,or that already had the small )iox,

Form
child
finds that a practitioner is insusceptibleof brought to him for vaccination

to
ho shall deliver
the
father,or
mother,
oihn'
Schedule Form No.
the
4.
aforesaid a certificate under his hand, according to as person No. 4 contained in the Schedule to this Ordinance, or to the
the be
not
like effect,and thenceforth
father,or mother, or such the child to cause recjuired

and
enter
to
aforesaid shall as person be vaccinated, (s.11.) medical

date and
Keeping of of registers
vaccinated children.
15.
shall the
"
keep
name,
(1.) Every Public Vaccinator in which he shall a register,

age, sex,
name
every the
practitioner
of
parent
and such
or
guardian,
of vaccination, place of abode
of every time
to
child
vaccinated
by him, by
the
the
unsuccessful,or
time
doubtful, and
further
whether successful, operation, fro ma as particulars
be directed
A.D.
1875.
VACCINATION.
[No.
4.
477
and inexlical practitionorsliall, (2.) Every Public Vaccinator on or 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 certified a of such the to General, himself, Surgeon register, s igned l)y copy (s. 12.) before
16.
"
(1.) If
in
any
Public
to
a
Vaccinator
or
Vaccination that
OHicer he has
gives
reason
Power
to
order of six
information
to
writing
any
above
the age of six informant shall
summon
or
VHccination child above
believe that
District for the
child the
the
which
the
acts, has
the
vaccinated,
person
Magistrate
care,
the iijie of months, being within been not successfully months. father, or mother, or to
having
the child
nurture,
at
a
with
before him
certain if the
custody of such child time and place.

after Magistrate finds, the child has
not
appear nation examiated, vaccin-
(2.)On
as
such may had
he has
appearance, deem
such
nor
necessary, the small pox, he

Form No. like three mother
that
been
an
under
within
his
hand,
or
in the the
if he sees may, 5 contained in the child
make fit, Schedule

to
order
to
this
Soliedule Form No.
Ordinance the
The
to
such effect,directing months, of any
be
vaccinated
5.
period of
father
or
(s.13.)
child,or,
cause
17.
then
in the event of
of the
or
from illness, absence, or inability
any
the
father any
the person having the care, nurture, or without fails or neglects reasonable excuse,
"
custody of
death, mother, who, child,
Penalty
on
father, etc.,
neglecting to
have child vaccinated.
(1.)To
cause
such of such
child child has

to ;
to
or
be
vaccinated vaccinated
to
within
six months
after
the birth
(2.) "Where
to
cause
such
such
on
child child
been
taken
by
Public
Public
Vaccinator,
for spection in-
be
the
Vaccinator
;
or
the
eighth day
such
to
after
its vaccination the
(3.) To produce
when shall be liable to
"
any
child
so,
before
thereof,shall be
summoned
do
guilty of an penalty not
offence, and
being
convicted
exceeding five dollars,
(s.14.)
case
18.- (1.)Every such father, mother, or other person as aforesaid Penalty in of continued who, after having been ordered by any Stipendiary to cause Magistrate refusal to to be vaccinated, or who, after having been of have child convicted any child viiccinated. reasonable to have having failed or neglected, without excuse, any child vaccinated, without fails have reasonable to or neglects excuse, 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 during period of three months every
which such
failure
or
neglectcontinues, until
the
said child
is vaccinated,
(s.15.)
1 9. Tf the father,or mother, or the person having the custody of any child recjuiring that Vaccinator to be vaccinated intimates to the Public he or she desires that such child should with lymph probe vaccinated cured
shall be bound to vaccinate England, the Public Vaccinator such child with shall be and from no lymph procured England ; person liable to any penalty under this Ordinance for failing or neglectingto from Right of parent
to require cliild to be vaccinated
lymph procured from England.
with
have
any
child vaccinated
if he
can
prove
in his defence
that
the
cause
478
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A-D.
1875.
of the child
person that desire
or
not having been vaccinated having the custody of the
has
been has with
that
the father, mother, his

or
child
intimated
her
the and
child the
shall
Public
be
vaccinated has
lymph
unable
procured
so
from
England,
the
Puiiishraent of
that
Vaccinator
been
to
vaccinate
said
child,
(s.16.)
who this
20.
forging person certificate.
produces in evidence be forged, counterfeited, or such the same to certificate,knowing any thereof, altered, shall be guilty of a misdemeanour, and, being convicted with the shall be liable, at of the discretion Court, to imprisonment for hard term not labour, exceeding one (s.17.) any year.
certificate
Every person required by
wilfully forges,
Ordinance,
or
counterfeits
or
or
alters
any
utters
Punishment person lently fraudu-
of
2 1
.
Every
person
who
any using
fraudulent
purpose
gives, lends, or shall, on being
uses, any convicted
such
certificate before
for
any
thereof
certificate.
Stipendiary Magistrate, be imprisoned, with hard labour for such not exceeding three months, as the convicting Magistrate may (s. 18.)
22.
person, variolous variolous the disase
term,
direct,
Penalty
person small
on
lating inocuwith pox.
Every person by inoculation

matter
or or
matter,
of
small
and, being
be
not
convicted
to produce, in any to by wilful exposure to or matter, article thing impregnated with any whatsoever, produces wilfully, by any other means in shall be guilty of an offence, pox any person, thereof before Stipendiary Magistrate, shall any
or
who
produces,
variolous
attempts
or
with
matter,
liable
to
imprisonment,
three months, for
a
with
or
without
hard
labour,
for
any
term
exceeding
23.
All be
(s. 19.)
any offence
Procecliu'e
and
penalties
in
or
under
on
this the
Ordinance
shall
and the
appeal.
may
recovered
Public
any
See No. Ordinance 12
Vaccinator
of the
manner, summary Vaccination
information
of
Officer
Ordinance for
and time
the
by
of
1893.
any before
the
Stipendiary Magistrates
or
as near
thereto Ordinance decisions

of
as
See
No.
Ordinance
13 of 1893.
provided by appeals from

24.
any the
of
regulating procedure their summary diction, jurisand shall be the to be, subject appeal may for the time being in force regulatingStipendiary Magistrates, (s. 20.)
in
procedure being in force

the
exercise
of any District, before shall be that provided
of
Transmission of
Every Registrar
in
Births
and
Deaths
for
any
place shall,
once
monthly
of
turns re-
at
least
hirths of Puh-
and
deaths
to
Vaccinator
a
month, transmit, by post or otherwise, to each every whose District is wholly or partly comprised in such
under the of hand infants of the
Public
place,
return, which
infants
return,
certified and
lic Vaccmators.
Registrar
twelve
to
be
true
of
all births
deaths
under
months
of
age
have
Refunding
expenses incurred Public of
been
All
registered by
costs
him.
(s.21.) by
in
or
or
25.
notices
actually incurred
medical
any
Public
of
Vaccinator,
tion Vaccina-
hy
nator, Vaccietc.
Officer, or
in
use
under
the
same
practitioner this Ordinance,

or
respect
in
required by
same,
warrant
by
and
any
rules
or any of any other matter uufler the regulations made
books, forms,
respect
shall of
be the
allowed Governor,
paid for (s.22.)
by
the
Receiver
General,
on
the
A.D.
1875.]
VACCINATION.
[No.
4.
479
SCHEDULE.
FORMS. FoHM Notice
to
No. Child
1.
Sections.
have
Vaccinated.
insert name, if I, the undorsigncd, hereby give you notice, to have the child \_hrrc whose vaccinated within six months from the date of birth is now (oiy'] registered, of the Vaccination its birth, pursuant to the provisions Ordinance, 187S, and that, in default of your doing so, you will be liable to the penaltiestheri^byimposed for will attend at neglect of those provisions. The J'ublic Vaccinator
on
the
You
are
required
the wish three
day of to produce
forms
1
,
at the hour
of who vaccinates the

4
to
the
Public
Vaccinator
child
aforesaid
If you
marked Vaccinator
so
No. respectively to him.

1
2, No.
the child
3, and
with
No.
herewith
supplied.
the Public must vaccinate
lymph procured
from
England, you
this
inform of
Dated
day
(Signed.)
Registrar of Births
and
Deaths.
Form
No.
2.
Section
12.
of Certificate
Successful Vaccination.
that 1, the undersigned, hereby certify of

was
aged
of found
to have
the
on
vaccinated of
by
me
in the and
,
the
day
Situation Number Dated
proved successful.
of Vaccination. of successful insertions.
this
day
of
(Signed.)
A.
"
B.,
Public
Vaccinator.
[or A. B.,
Medical Practitioner.
(!'.""., M.D.,
or
or
F.R.C.S.,
case
otherwise
as
the
may
be.)]
Form
No.
3.
Section 13.
Certificate of Unfitnessfor Vaccination. I, tlic undersigned, hereby certifythat I am of opinion that is not now in in the County of aged state to be successfully fit and proper a vaccinated, and I do hereby postpone the vaccination for months [a period not exceedingsix months'].
the child of Dated this
day
of
(Signed.)
A.B.,
Public Vaccinator.
[or A. B.,
Medical Practitioner.
M.D., [i.e.,
or
or as
F.R.C.S.,
the
case
otherwise
may
be).]
480
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1875.
Section
14,
Form
No.
4.
of SuccessfulVaccination. of Insusceptibility Certificate
I,
the
undersigned, aged
the
that
hereby
certify that
small
pox,
have
unsuccessfully vaccinated
in the
the child of
County of
may
that \_or
child
such
has
already had
day of
as
the
case
he\ and
am
of
opinion
Dated
child is
insusceptibleof successful
1
vaccination.
this
(Signed.)
A. Public
B.,
Vaccinator.
[w
Medical
A.
B.,
Practitioner.
M.D., {i.e.,
or
or as
F.R.C.S.,
the
case
otherwise
may
be).]
Section
16. Order British
Fohm
No.
5.
to
Child directing
be Vaccinated.
Guiana. District.
etc.
Judicial
To C.
D., residing at,

on
Whereas
the
the
as Officer, writing to me
case
the
tion the Vaccinaday of,etc.,the Public Vaccinator [_or in iniormation gave Je]for District undersigned, one of His Majesty's Stipendiary Magistrates in
may that
a
and
for the said
to believe Colony, that he had reason apparently above the age of sis months, now
certain
child
named
not
residing at
informant
within been
the
District
for
which
the
said
acts, has
successfully vaccinated, and whereas you, the said C. I).,having been summoned, have appeared with the said child before me on this I having and 1 found, after such examination day of
,
duly
as
I the
deemed
small and
necessary, pox, I do you,
that
the
in
said
child
has
not
been
the
vaccinated said child
nor
has be
had
hereby,
the
pursuance
of the
to
cause
Vaccination
Ordinance, 1875, order

to
direct three
said from
vaccinated
within Dated
months
the date hereof.
this
day
of
1
,
at
(Signed.)
StipendiaryMagistrate.
ORDINANCE
A.D.
"
No. declare
or cease
OF
1876. of
1876.
"
"
An
Ordinance
"
to
tliat Tender
Payment
Tender.
in
Spanish,Mexican
"
Columbian
to be
a
Silver Coins
Lawful
called
Dollars
shall
[1stAugust, 1876.]
WHEREAS
called this
two
the
"
Spanish, Mexican,
"
and
are
Columbian received of
four in
silver
coins in
Dollars
as
circulate of the
and
payment
Colony
being
full value
shillingsand
coins
as :
of the United current Kingdom ; sterling pence money And whereas tender of payment in this Colony in such
rate
was
at
the
aforesaid
is
lawful
tender
coin
in the
same
manner
if such
tender
made
in the current
of the
United
Kingdom
A.D.
And
1876.]
whereas it is of
VLISSEXGEN
[No.
all payments
to
2.
481
expedient that,in
in the
"
be made
and
in this bian Columto
Colony, tender
silver lawful
payment
called
said
"
Spanish, Mexican,
henceforth
cease
coins
:
Dollars
shall
be
tender
Be
it therefore
enacted
of the
by
the Governor of
of Bi-itish
Guiana, with the

follows
:
"
advice
and
consent
Court
Policy thereof,as
as
1. This
Ordinance
may
be cited
the
Spanish,etc.,Silver
Dollars
short
title.
Demonetization
Ordinance, 1876.
Spanish,
Me'iican, and
DoHars lê lawful tender,
not
and after the 22nd 2. From day of August, 1876, no tender of payColumbian silver coins called " Dollars " in ment Spanish, Mexican, or shall
any
be deemed
or
taken
'
to
be
lawful
tender, anything
in
any -^
contained
in
to
Law,
i .,,.',.
Ordinance,
or
Proclamation
wise
to
the
contrary "'
notwithstanding.
ORDINANCE An
Ordinance for and the
to
No.
OF
1876. of the
Improvement
vest
City
of
a.d.
see No.
i876.
Georgetown,
Commissioners\
Plantation
Vlissengenin
ordinance 1 or 881.
[1st January, 1877.]
it enacted and
consent
by
the Governor
of
of
British
Guiana,
with
the advice
:
"
of the Court
may be
Policy thereof,as
as
follows
1, This
Ordinance
cited
the
Geox'getown Improvement
otherwise
Short
title.
Ordinance, (Vlissengen)
2, In
this
1876.
context
Ordinance, unless the
requires,
"
Interpretation
of terms.
"Plantation
Vlissengen" means and the pieces of land Vlissengen,
that
pieceof land
held
the
known
as
tation Planof
under said
licences
occupancy
granted
to
the
of proprietors
Plantation
the west on by the River being bounded Vlissengen; the whole Lamaha for the Fresh the land the east granted by Demerara, on land the known the north Water the as Company's Canal, on by and the lands held under Path, and on the south by Stabroek
licences of occupancy
;
save
granted
and
was
to
the
Werk-en-Rust
Plantation of llobb's
except
that vested
of Plantation proprietors portion of the said in the Commissioners
Vlissengen which
Town
by
"^
the
Georgetown
the
Improvement
of
(Robb's
of
Town)
"
Ordinance, 1864-.
means
The
Commissioners
Board
:
Commissioners
"
The The
Vlissengen, Secretary
New Town
hereinafter
"
appointed
"
means
"
Ward
"? the Secretary to the Commissioners No. 8 of the the Municipal Ward means
The
Commissioners
the
'"^ '
Receiver-General Now the Receiver
and their rights and were aliolished, No. 22 of 1896. by Ordinance No.
; 25
see
powers
transferred
to
Repealed by Ordinance
General
of 1898, 6. 213. No. Ordinance
22
of
1896, ss.
11 and
14.
482
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
Town
1876.
City of Georgetown,
No. 1 of 1860.
"
as
defined
in the
Georgetown
"
Council
Ordinance,
The Ward No.
1860^
Columbia 7
and of
Ward means Lacy Town the City of Georgetown, as Council

"
the
Municipal
in
defined
the the
the
and
Georgetown
"
Town
Ordinance,
that
lies to the
1860^
The
Columbia
Town Street
District Ward in the
means
portionof
west
:
Columbia
street
Lacy
King
"The and
which
of
called
City of Geoi'getown
means
Lacy Lacy
Town Town
District" Ward
that
lies to
portion of
the
east
the
the
Columbia Columbia
VlisTown
which
of
District. "The
senyen
Bourda
which
District" lies to the
means
that of the
portion of
Columbia
Plantation and
east
Lacy
Ward.
Vesting of Lands,
Vesting
of and
etc.
3.
From
and

all and every the the
of this Ordinance, Plantation
Pla"tation
Ylissenyen,and
receive
arrear
members, rights,
dominion
sums
and and
appurtenances
the inheritance
to
or
Vlissengcn
ricrht to rents in
thereto of the
and appertaining,
same,
absolute
receive
or
and
the
right to
in tlie Com-
missioners.
thereof proprietors
for the
rent
due of money now occupation of the said lands all
the
the same are hereby vest, and be the be in law to shall deemed Vlissengen, who thereof ; subject,nevertheless,to the provisionsof absolute owners this Ordinance : Provided always that nothing herein contained shall take away estate, property,or interest of or alter, prejudice, any right, of any publicofficer, His Majesty, his heirs and successors,. or tion, corporabehalf of the Colony, on or body, who may Jhave or hold the same (s. 9.)
part thereof,shall
of
any missioners vested, in the Com-
General
Powers
and
Duties
of
the Coimnissioners.
to demand, authority including capitaland
Power
recover
to rents
4. The Commissioners
shall have all

or sums
have,
sue
for, and
are now
recover
and full power of money, for

or
in
aiTear.
interest, that
due
claimable
in
respect of the
use
or
of the for or in respect of or occupation, an}^ portion or part the 1st since the said lands Commissioners, day of hereby vested in lands the said and are all hereby on buildings now January, 1858; rent, of declared
sums so
and due
made
or
liable and
claimable land
: on
portionor lot of therewith 0(;cupied

pay for
to the
for the proper payment of all of the rent of the or occupation respect is situate and which which such buildings are
executable
in
Prtnided for
always
or
that
no
person
shall be
or
bound
to
Commissioners
in respect of the rent or District, for any period before the

sum :
in respect of land of any commencement of the
the
use
within
of
occupationor the Lacy Town

this Ordinance, of such
any land
exceeding
any smaller
in amount the
to
one-sixth
the
appraisedvalue
in
case
Provided, also,that
person
amount
a
Commissioners full
may,
amount
of the
proved
of
of inability receive
pay
of
rent
demanded,
and
for the recovery stay all pr(jceediugs
the remainder,
1
(s.10.)
Ordinance No.
25
Eepealed by
5 of above
of 1898,
s.
213.
As
to the
Wards
mentioned,
see
8.
Ordinance.
484
No.
in
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
in the
1876.
of land
sixteen
manner,
instalments,to
that
at
be
jjaidto
the
Commissioners whole of
iiistalments.
is to
in
cash
the
of the say, one-tenth time of completing the of the
the
following purchase money

of the
sale, and
one-fifteenth
at
purchase money succeeding year thereafter, together with interest on the whole until balance remaining unpaid at the rate of six per cent, per annum, be shall at that the the whole is paid : Provided purchaser always the payment of all or any of sucli instalments. to anticipate libert}'^ require the purchasers to give pro(2.)The Commissioners missory may of for the different instalments of the purchase money notes shall in no such notes the land b ut of or buildings, acceptance way any their right to recover affect the lien of the Commissioners or by parate
remaining
each execution. shall (3.)The purchasei's (s.48.)
Power receive to
nine-tenths
the
expiration of
pay
all the
expenses
of
ports, passing trans-
13.
any
purcliase money
of
(1.)The Commissioners with sold by them buildings

"
may any
receive land under the
the
the
manner
purchase money of provisions
of this
bnUdiiigs in
if
Ordinance
in four
instalments,to be paid in
following,that
instalments
purchaser keeps them

insured.
the remaining is to say, one-fourth in cash at the time of the sale and at the with interest three annual three fourths instalments, equal by
rate
of
six
Provided
the
amount
the balance on per cent, per annum shall be insured that the said buildings of the
purchase money
shall be of the
from
to
remaining unpaid : by the purchaserfor injury by fire and that the

the
policyof insurance
transferred
Commissioners.
premium on the policyof insurance not the the iûrchaser, the Commissioners pay may and the whole of the purchase money shall thereupon at once same, become are hereby authorized and payable, and the Commissioners of the same to proceed for the recovery together required forthwith of the premiums so paid. (s.49.) with the amount (2.)In the event being duly paid by
Power to pass
transport on receiving first

instalment.
Commissioners, on receiving one-tenth of the purchase land sold and one-fourth of the purchasemoney them, by money sold by them, if any, on such land, may of the buildings transport such land, with the buildings thereon, to the purchaserthereof ; but in every
14.
The of any
case
in which of the
the
Commissioners has
transport
been
the
land
before the
a
whole shall the
amount
purchase money
of
paid to them,
statement
"
be
inserted
in the
transport that such
transport is made
subject to
lien of the
Commissioners
Vlissengen." (s.50. j
Recovery of
Charging of
interest overdue instalment.
on
Purchase
Moneys
of Lands,
etc.
of any of the purchase money tlie event of any instalment buildingssold by the Commissioners, or any interest on such come has beinstalment, remaining unpaid for fourteen days after the same interest on and recover demand payable,the Commissioners may the thereon at and the interest such overdue and unpaid instalment is fullypaid. (s.51.) of ten per cent, per annum, until the same rate
15.
In
land
or
Preferent lien for unpaid
16.
such
The
Commissioners
on
shall have
each have of
a
purchase
money.
by them,
on
and
all and shall
land, and
over
sold all land lien on preferent be erected the buildingswhich may preferentlien on all buildings sold
a
by them,
and
above
all liens
and
mortgages
thereon, legal
the
or
conventional, excepting only lions
and
preferent rightsof
Crown
A.D.
1876.J
VLISSENGEN.
[No.
2.
485
or
of the
of the interest instalments
of tlie several instalments Colony, foi' securing the due payment such in of with all land, payable 2"ui'ehase resjiect money interest on thereon, including the additional unjiaid any
("r
interest
recover,
which
the Commissioners
are
authorized
by
this
Ordinance
to
(s.52.)
created and
" "
17.
the
1111111/-.
The
preferent lien
shall subsist sold
by this
and
1
Ordinance in full force upon

all
11
in favour and
1
of
the
Subsistence
neu pieieient notwitlistaml-
of
Commissioners
land
continue
eilect
each
1
uiKjn
j"
by
the
Commissioners,
whole upon the
and
ot
the
buildings erected
missioners, until
and buildings, on unpaid any this Ordinance
thereon, and
the
all interest instalment authorized

or
building sold by for such of purchase money thereon, including the additional
each
interest
recover,
the
Comor
ing devolution of property,
land
interest
are
which have instance
the Commissioners
been
or
by
to at
letters of of any
sale, either any decree,conveyance,

or
their
or
standing notwithfull, otherwise, transport,
paid
in
any
devolution
of such
land
or
buildings
kind
description, (s.53.)
Commissioners become
whether may
recover
18.^
sum
"
(1 .) The
may and
which
payaVjIett) them
the
same
under
for
Ordinance,
any lands
or
becomes
or
by parate execution every Power to sums the provisions of this I'ecoyer the of for payable purchase execution.
the
rent
or
or
buildingssold
by them,
use
or
of any of the lands hereby vested in lands let to hire by them, or for any rate,
them,
or
for the
rent
occupation of any
togetherwith
may the
all interest execution
and
to
costs
recover
soever, whatfor any other cause the and Connnissioners ; such

sum
proceed by parate
liable to
persons lands and
pay buildings in respect
such
sum
or
against
such
the
sum
against of the proprietors

may
either
have
of
which
become
payable,without (2.) In
Senior every
naming
and
proprietors. any proceedingby parate execution, the signature of

of the
of such
the
Commissioner
Secretary, subscribed
the
amount
to
any
document
of setting forth or containing a statement of without proof of such signatures or any held to be primd facie evidence of the amount
claimed, shall,
or thing,be in every })eing Commissioners by
other
matter
claimed
to
or
particular correct, and

the
that
the
or
same
is due
the
proprietors of
the
lands
buildings
by
the
persons
therein
specified,(s.54.) Appraisement of Buildiiujs.

become it may (1.) Whenever necessary for the Commissioners to competent any buildings appraised,they shall appoint two shall give in their and such persons to appraise such buildings, persons appraisement in writing, signed by them, and shall therein state the the sum of money and size and condition of each })uil(ling so appraised, which consider worth. such be to l)uilding they sioners, (2.) The appraisement shall be kept in the Office of the Commisof all interested and shall be open to the inspection persons
19.
"
Power appraise
to
have
therein
without
any
fee. be
(o.)The (4.) The

be
appraisers shall
remuneration
entitled
for their
to
receive
from
the
sioners Commisshall
reasonable
trouble.
deemed,
ascertained value in money as and in all Courts for all purposes
by
of
such
appraisement
to
Law,
be the full value
in money
1
of such
Ordinance
buildings, except
Ko.
22 of
s. 189{),
as
hereinafter
provided, (s.55.)
See
10.
486
No.
2.]
20.
"
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1876.
Applicationfor
re-appraise-
ment,
and tliereon.
proceedings
ment (1.) If any person interested is dissatisfied with the appraiseof any buildingmade by the Commissioners, he may, on fihng at to by two affidavit sworn the Office of the Commissioners carpenters an and such of value the their in is true building, what, opinion, stating
that the value the of the said
building as appraisedby
ten
by
Commissioners
is riiore than
per
cent,
the persons below the
appointed
real value
of ten and on lodging with the Secretary the sum building, the said dollars, require the said building to be re-appraised ; and be building shall thereupon, at the request of the Commissioners, the Town Superintendent, appraisedby the Colonial Civil Engineer and of the
said
who
shall each
be
entitled
to
receive
from
the
Commissioners
Town
fee of
five dollars
for their
trouble.
Civil
(2.) If
do
not
the Colonial
in their
an
Engineer
of the
and
the of
agree
estimate who
value
a
the said
Superintendent building, they

from the
shall
appoint
umpire,
shall receive
fee of ten
dollars
Commissioners.
(3.) The value as appraisedby the Colonial Civil Engineer and the or Superintendent, by the umpire only,as the case may be, shall of the appraisedvalue of such buildingfor all the purposes be taken as this Ordinance, (s.56.)
Town
Rule
as
to of
expenses person
Civil
objecting
to
appraisement.
as appraised by the Colonial building, Superintendent, or by the umpire, the exceeds amount appointed by the appraised by the persons the first aj^praised, Commissioners as by ten per cent, of the amount be entitled dollars shall of ten has depositedthe said sum person who
21.
If the
value
of the the
said
Engineer
and
Town
to
re-payment
new
of
the
same
from
the
Commissioners,
entitled
of the
to
and receive
the
requiringthe
Commissioners
the
appraisement
reasonable
shall be
person the from
the
expenses
appraisement
rnade
by
carpenters appointed by him.

22.
"
(s.57.)
have
reason
Oljtaining of
certificate Ci\nl
as
(1.)Where
or
the
Commissioners who
are
tlie Colonial to
own incapable in interested are are interests, or any properly represented, Engineer the appraisement they shall submit buildingrequiringto be appraised, ment. appraiseCivil the Colonial to appointed b}^ them given in by the persons after Civil and the Colonial for if his Engineer, Engineer approval; he fair and reasonable considers the a one, investigation, appraisement
of
any
minors
persons
of
suppose protectingtheir
to
that
who
not
shall write value the the

as
certificate be
thereon
too
to
that stated
appraisedto
value, and
small, he shall
so
effect ; or, if he considers the what in his opinion is state him shall be taken
to
true
such
value said
appraisedvalue of the (2.)The Conunissioners

connected
by building.
pay
to
be
shall
the
Colonial
Civil
Engineer
the
buildings out-
fee of five dollars in
respect of eacli principalbuilding and therewith so (s.58.) appraisedby him.
Kecovery of
Power to the
tax
Tax.
23.' If any
town
on
Commissioners
to
pay
vested
pay
cent,
any in the
same
lot
and
Council of Georgeimposed by the Mayor and Town lands the of half-lot hereby or forming a portion Commissionei's the Commissioners remains may uni)aid,
tax
recover
amount thereof.
the per
and
recover
tlie amount execution
with tliereof,
interest
at
six per
annum,
by parate
said
No.
against
if the
14.
the
of proprietors lot
or
the
on buildings
the
lot
22
or
half-lot, or,
1896, ss.
11
said
half-lot has
See
Ordinance
of
and
A.D.
1876.
sold ])rovi()u.sly
VLISSENGEK.
[No.
against the (s.G7.)
said lot
2.
487
1)0011
by
the
tlio Commissioners,
oi-
half] ("t,togetherwith
buildingsthereon,
Special Provisions
24.
The
cost
Ward of
and tvith respect to Columbia District. and Bourda
Lacy
Town
making or widcniing the streets or roads, and of laying out, cleaning,and digging ihe drains and trenches,of the Bourda
District, so
Court
of from recovered
as
Defraying
of cost of
improvements
in Hounlii District.
to
conform be
Policy,may
any
a
funds
plan as approved by the Governor and sioners by the Commisdefrayed in tlie first instance be and shall thereafter their at dis])Osal,
to
the
by
specialrate
which
rate
to
be
levied
herein
soon on as
on
all
are
property
within
the
said District, and

and
the
Commissioners
to levy reiiuirod
in the
manner
hereby provided, (s.80.)
authorized
25.
The
Commissioners
shall,as
laid Bourda of
out
of all the
buildinglots, as
Ward and the
the
Lacy
Town
District
sell and dispose The Commispracticable, and plan of the Columbia building lots. settled the same is finally as lots may shall
not
by
as
the Governor whole

or
and
Court
and Policy, Commissioners any
such
be sold either
sell
not
or
half lots, but

a
the of
dispose
on
a
of less than
street,
half-lot,or
half-lot which
does
abut
81.) (s.
The
26.
on
person
in the
occupationof
the Governor
plan approved by of lot the buildings of owner owns is not of required for any public purpose, or who on paying buildings. thereon, shall be entitled to purchase such lot or half-lot, and in the determined the appraised value thereof, as ascertained further if with such as herein provided,together manner sum, any, for the use claimable for the rent be due and or or occupation of may the said lot or half -lot. (s.82.)
the several (1.)Where of the lot same occupation of portion being plan, any
laid out as half-lot, any lot or and Court of Policy, and which
Pre-emption pier right of occuor
27."
or
having difierent interests persons laid out on half-lot of land, as

the
are
in the said
Proâsion
cases
for
the
where
are
there
lands
Town lot
hereby vested
Ward,
or or
in
the
are
sioners, Commisseveral
several
piers occu-
other
or buildings
than
in the
on
New any
where
there
of lot.
erections
such
shall
half-lot in
persons,
that
the
Commissioners
"
proceed
the
belongingto different following manner,

transfer of
the Registrar's Essequebo,
is to say,
[a.)They
any
shall ascertain
lease,or
Office
whether any lease,or any recorded has been in any document and for the Counties of Demerara affect
on,
intended to affectingor pretending or comprised in, or the buildings or erections

half-lot ; Commissioners (6.)The contained person in the the shall Schedule
the
land lot
or
such
serve
notice, in
the upon
reason
Form each
to Schedule.
to
this
Ordinance,
know
or
within
Colony who, they
have
to claims to be entitled suppose, of any portion lot or half-lot, or
any
of the
or })ui]dings
erections
occupation of the said thereof,or to be entitled to thereon, requiring each such

the the
person, of such
within
twenty-one notice, to state

and
days
at
from
day
of
the
service in
their
Office,either
interest
verballyor
on,
w^ritins, the nature

to
extent to
of the
which erections
states
he claims the
the
occupation of, or
or
the where
buildingsor
any person
said
lot
half-lot ; and
verbally
488
No.
2.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
he
1876.
nature
and
extent
of his
the
interest
to
which
Secretaryshall reduce
such person
to
statement
or
writing,and
mode he in has
claims, the require

;
the
Secretaryshall
what, documents
such
sign the same inquire

interest
to
put his mark

the whether
thereto which
and
such
as
to
person
so,
acquiredhis
and
support
of his
his claim
; and
any, and, if the Secretary
shall inform
person
rightsunder
one
this
Ordinance
service
(c.)The
the
Commissioners, within notice last served, shall

on
week
after
the
of
have
each
erections
the
said
lot
or
half-lot The such

use
of the buildings and appraised in the manner shall

sum
provided by
in
this Ordinance.
at
Commissioners
state
writing
for
the
or
end
of
claim
rent
for the
appraisement what or occupationof the
they
lot
or
said
half-lot ; and Commissioners, {d.)The shall issue other

an
on
receiving
in The
advertisement
publishedin the all persons on Saturdays,calling

newspaper of the said lot erections
or
the said appraisement, and Gazette one Official for three successive Colony, claiming any right to the any may interest wish all
to
occupation
the
the and
noon
half
-lot,or
in any
of
or buildings
thereon, who
or
whole
of the
said
lot
with half-lot, in to their third for
the
purchase buildings
or
erections
on
thereon, to
send
Office,on
the
before
the
Monday
a
following the
in
of ^publication
the
advertisement, said lot or with half-lot,

thereon.
If
tender
writing
all of the the
purchase buildings and erections

exceeds
said lot of
of the
the
or
the
of
amount
highest tender
the
erections
aggregate
half-lot ascertained
amount
of the
appraised value
as
and
the
buildings and
thereon,
in
or
as
by
the
Commissioners
aforesaid, together with
the amount,
of rent
or
if any, which be due and claimed may for the use or occupationof the said lot
so
respect
half-lot,
shall be all the in
not
the person entitled to
offeringto purchase the

erections If said
the pay said lot
highest amount
or
with half-lot, the

so
buildings and
such exceed
thereon, for
amount
offered does
tender.
the
the
highest
or
amount
offered
the
aggregate amount,
with half-lot, the said sale
the
Commissioners
all but the
shall
put
the said lot up erections thereon, for shall not less than the the said and shall
buildings and
missioners Com-
by public auction,
lot
or
allow
half-lot to be the
case
sold for
of
aggregate amount,
Court of
as
without
in such such
consent
Governor
and Policy,
the
or
missioners Com-
not
pay
more
the
price of
sum
lot may
half-lot
under
section sale of
2P such
than
or
the
which
be received
l)ythe (2.)The
sell the
to
lot
are
half-lot.
and
or
Commissioners
and buildings title thereto, the
hereby authorized
with
the
empowered
to
said
erections
said lot
half-lot,and
give a
28.
"
valid
(s.83.)
sell any lot
or
Preparation of
statement to division
as
(1-)Where
statement
Commissioners
half-lot shall
with
the buildings thereon, whether

pjj^j.g
.^
of
sold, Ijuildingb
propose to the amount

'
by tender or otherwise, they prewriting,showing the proportionsin which they of the purchase money, after deducting divide the amount of the appraisedvalue of the said lot or and the half-lot,
in
was
S. 21
repealedby
Ordinance
No.
22
of
1896,
s.
15.
A.D.
1876.]
VLISSENGEN.
[No.
or
2.
489
amount,
of the interest
said in
if any, claimed in respect of rent or for the use the different persons lot or half-lot, among the said lot
or
occupation
claiming
an
half-lot
or
in
the
buildings or
erections
thereon.
(2.)Such
for the
statement
shall
be
open,
at
the
Office of the Commissioners,

be
one
three
inspectionof all persons, and shall Gazette and successive Saturdays in The Official publishedin the Colony, (s.84.)
Within
fourteen
for i)ublished
other
paper news-
publication of the it is proposed advertisement,any person book for be in that purto a to divide such kept surplusmay entei-, pose to the proposed in the Office of the Commissioners, his objections be made division and the grounds thereof ; and such entry may by the person advocate, or attorney-athimself, or by a barrister-at^law, his behalf,or if such law on so requests, by the Secretary to person the Commissioners, (s.85.)
29.
days after to objecting
the
first
tlie mode
in which
Making of objection to
proposed
division.
Transmission the Commissioners proposed division, of objectionsto last of the within publication shall, days the Registrar. a advertisement, lodge in the Registry of Court statement, signed by of and the Secretary, showing the number the Senior Commissioner the said the value the lot or half-lot as laid down on plan, appraised
30.
If any
objectionis
entered
to
the
fourteen
after the
of
the
or
said for
lot the
or use
the half-lot,
or
amount
claimed
and lot
appraisedvalue
occupation erections on the said lot or or buildings of the division the half-lot, proposed to be made by purchase money entered of the objections in the said the Commissioners, and a copy with such shall lay over the book ; and the Commissioners statement said erections lot and the of the on or originalappraisement buildings half-lot. (s.86.)
rent,
or
of
the
said
due, if any, for the half-lot,
of each
of the
31.
"
(1.)On
the statement
and in
being lodged
an
with
the
he Registrar, in The
Summoning
shall issue, at the cost

Gazette Official callingupon all
to
of the Commissioners,
one
advertisement
?f persons
ITlTPl'PSTPfi
to
appear
before
persons of the one

not
published in the newspaper of the said interested in the division

other
Colony
appear
a
before
Judges, at
than
time
and
placeto
the and
money be fixed by of such

or
Judge.
the
Judge, being
; and
less
fourteen
days
after appear
date
notice
support the
persons division made any person
all
interested
by
then may the Commissioners.

to
oppose
(2.)If
entered
wishes
any objectionin the he shall be entitled to in
oppose said book do

so on
the in
said division who
has not
sioners, Commis-
the
Office
of
the
or writing, signedby of the grounds of attorney-at-law, but he shall days before the day so appointed,
statement
or
himself
with the Registrara filing barrister cate, -at-law,advoby a his opposition, at least two
not
in any
such
case
be
entitled to any
costs,
87.) (s.
32.
a
"
"(!.)Any
person the
wishing
amount
to
summon
on
witnesses
may
do
so
on
Summoning
witnesses.
tlie necessary depositing certificate from
Office lodging in the Registrar's have Registrar stating that the Commissioners
and
lodged their
said lot for the
or
statement
as
to
the division
time which
of the
has
and half-lot,
the
been
of the purchase money fixed by the Judge
hearing of the matter. (2.)Such certificate may

I.
be
granted by
the
who Registrar,
34
shall
VOL.
490
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
such
1876.
l)e entitled
to
demand
the
,sum
of
one
dollar
for each
certificate.
(s. 88.)
Power
to to
the alter
33.
On
the
day
fixed
by
the
Judge,
or
as
soon
thereafter
as
may
be
Judge
or
confirm
ilivision.
shall be heard, and their witnesses,if any, and convenient, the parties the Commisof sioners the Judge may alter, vary, or modify the division in
or requires,
any may
that he may way such division, confirm
consider
the
justice of
the
case
(s.89.)
as
Costs.
seem
34.
The
meet
Judge ; and,
may where
make the
out
such
order
to
are
costs
as
to to
him pay
may
Commissioners
funds
at
ordered
costs,
they may
Compliance
with the order of
defray them
The decision
live
of the
their
disposal, (s. 90.)

the be
35.
issue
of
the
is under
hundred
Judge.
where Judge in all cases shall sterling pounds
question
to
at
final, and
in cash
the the
Commissioners several such

or so
shall,within
interested
three weeks
to
thereafter, pay
which the
order
persons : Provided
the amount
that
always
to
where
they are entitled under purchaser of the said lot

such
half-lot becomes
entitled be
awarded
shall
considered
under any money and taken a as
order, the
on
amount
payment
account
of
the
purchase money,
Every
in any person
case
(s. 91.)
Appeal
H.M. in Council.
to
36.
Council
wishing
where the
to
appeal to question at
be bound
His issue
to
Majesty
is above
in
His
Privy
mode of
five hundred
same
pounds sterlingin value shall procedure as in ordinary cases,

Provision
case
follow
the
(s.92.)
are
for the
37.
in the
owners
"
(1.) If
manner
the
Commissioners
the
or
unable
to sell any
lot
or
half lot the the
where
hereinbefore
Commissioners cannot value. sell at
provided, they
said lot
an
of the
Imildings
said said lot
on
or
may half-lot
either
to
permit
in majclaimed
remain
or
appraised
occupationof the
the lot due which
owners
at half-lot,
remove
annual such
rental,
all
sums
permit
the said and
on
of the
buildingsto
to
from buildings of the
or
on half-lot,
paying
arrear,
or
the
Commissioners
use or
for
rent
in
for the
occupation
land
such
buildings may
the
owners or
stand.
(2.) If
of the any said of lot
half-lot, they
a
of any such buildings in the continue shall pay to the Commissioners shall be
not
occupation
as
rent
of
land the
sum
which
less
annually than
eightper
and such sum appraised value of the said lot or half-lot, where there are payable in equal monthly instalments ; and several lot or buildings on the same half-lot, belonging to different the rent shall the owners of such be apportioned amongst owners, in the proportion of the appraisedvalue thereof, })uildings (s.93.)
cent,
shall
Vje
Time
allowed of
38.
the
to
"
(1.)Where
or
the
owners
desire shall be
to
remove
their
six months
buildings
within
from
for removal
said lot
remove
buildings.
lialf-lot, they
without
and
allowed
which
amount
the same, be claimed
that the is
may lot or
due
on
any charge for rent for rent or for the which tlie
beyond
use
the
and
and
occupation
of
portion
of land
are })uildings
situate
which
at the commencement occupied therewith not are (2.)If the said buildings
of
this Ordinance. within

to
removed
be
the pay
said
rent
period
to
of
six
months, the
at
owner
thereof
rate
shall
bound
the the
on
Commissioners said the
the
period of
said lot
or
six months half-lot.
for any beyond jjcriod sjiecified remain during which such buildings may (s. 94.)
before
492
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1876.
OEDINANCE
A.D. 1876.
"
No.
OF
1876.
Education.
An
Ordinance
to
enforce
Elementary
^-"
No. No. No.
ss.
Ordinances
1882, 1900, 2G o/ 1903,

19 of 4 and No.
fi of
5,
G of
WHEREAS,
Governor named
iVô.34 and
o/ 1903,
1904, s. 4. incorjywatcd
day of July, 1874, His Excellency the under his hand pleasedto issue a Commission Seal of the Colony to certain therein and the Public persons the of into education state in this t o public especially inquire
on
the
6th
was
Colony
And education And
and
to
report
the
thereon
whereas should
said
Commissioners
be enforced
on
whereas,
and
the 17th
that
resolved
for
undertook
have reported that elementary by law ; Court day of June, 1876, the Combined the requisite provision should be made
:
enforcingelementary education
it therefore and
consent
Be
enacted
of the
by
the
Governor of
of British
Guiana,
follows
:
with
the
advice
Short
Court be
thereof,as Polic}^
as
title.
1. This
Ordinance 1876.
may
cited
the
Elementary
Education
Ordinance,
Interpretation
of terms.

"
the
context
otherwise
requires,
"
Parent
maintain person
"
includes
or
has the
who guardian and person every actual custody of any child,and the
or
is liable to every male
cohabitingwith
of such includes child
"
mother
:
of
any and
child,whether
every
he
is
the father
"
not
Father
the
reputed
of
father
cohabitingwith
of such
"
the mother
not
:
any child,whether
male person he is the father
child
"
or
Teacher and of
a
includes
assistant
teacher, pupil teacher,sewing

forms
tress, misstafl'
every
:
person
who
"
part
of
the
educational
school
"
"
certificate of proficiency in a proficiency means and reading,writing, elementary arithmetic given and signed by the Inspectorof Schools, or by an Assistant Inspectorof Schools, in this Colony : to a Managers," when used with reference school, includes all who have the management of any Elementary School, or persons of any Day Industrial School, whether the legalinterest in the
Certificate of
schoolhouse
"
is
"
or
is not
a
vested
in them
Schoolhouse
a
includes
play-ground and
a
all offices
required for
in aid of
school
"Colonial
an
Grant"
means
grant made
Elementary
School the
"
or
Day
a
Industrial of the
for tlie support or School, either
annually
at school,
or
"
otherwise, from
School
revenues
Colony
: a
Elementary which elementary there given :

Aided
which
means
education
or school, department of is the principal part of
the
tion educaof
:
"
School
receive
"
means
an
elementary school, the

the cf)lonial
managers
any
"
grant-in-aidfrom
means
an
revenues
"
Colonial
School
elementary school
from
established
by
the
:
Inspectorof
Schools
and
maintained
the colonial
revenues
A.D.
1876.]
'
ELEMENTARY
"
EDUCATION.
[No. 3.
schooi
in which
493
Industrial
School
theoretic aiul
or
any instruction practical
means
elementary
in which
:
agriculture or
trades,or in both is given and School regulations as an Industrial

'
in any trade is recognised under the
Educational
out
District
Officer
"
means
any
officer in
appointed to
any
carry
the
:
provisions of
Person
"
this
Ordinance
Educational
District
'
Authorised
means
any
has, and
and
'
is entrusted
as means an
with
person the same
who, under this Ordinance,
rights, powers, privileges,

officer
:
functions
"
educational
district
Pi-escribed
this Ordinance.
prescribedby any Regulations made (Amd. 19 of 1900, s. 3, and 6 of 1904, s.
under 4
(1).)
Th^
Education
Department.
for tliisColony, Appointment
3. His
and
Majesty
who
may
the Governor
time be
Schools,
time who
to
may shall receive
of Schools appoint an Inspector Assistant or more appoint one such salaries

or
Inspectorsof
as
etc., of
and In.spector, Assi.stant
emoluments the Combined
may
from
shall hold The
provided for that purpose office during pleasure.

of Schools of shall
by
Court, and
Inspectors of
Schools.
4.
Inspector
and
submit
annually,to
on
be of
laid before
Making
annual
on
of
the Governor
education information
Court
Policy, a report
the state
and
throughout the Colony, in such form the with as regard to such particulars
Schools
and Assistant
elementary containing education.

may
report elementary
Governor
direct.
5. The
Schools
every school where
Inspector
or
of
every
shall have
and authorityto full power and all the premises schoolhouse managers of the school Colonial Revenues have
Inspector of Power to inspect schools and inspect enter, visit, recei\ing

or
offices used
or
with, there-
public mone}-.
the
received the
have
aid from for any twelve months.
the
within
next
applied preceding
time, Making
of
6.
"
(1.) The
"
Governor
and
Court
of
all
or
Policy may
any
from
time
to
by Resolution, enact
that is to say,
for regulations
of the
following purposes,
of every
and
regulations.
{a.) For
kind of the
the government
which
and
of discipline the
all schools
receive may teachers thereof ; proper from
aid from
Colonial
Revenues
{h.)For securingthe
funds
voted
and application
Revenues
distribution
of
all
the
Colonial
;
for the purposes
of
elementary education (c. )

For
of securing the efficiency

to
all schools
a
Ordinance and
be
maintained
on
requiredby this in cultivation ; plantation

of
(e.)Generallyfor maintaining an efficient system education throughout the Colony.

shall be
elementary
(2.) All such regulations,when binding on all persons.

"
published in
The
Gazette, Official
7.
(1.) If
is
any
teacher
in any
Revenues
or
charged by
cruel
or
any
school receiving aid from the Colonial teacher conduct as immoral with person
children
or
a
Power
to
refer
complaints
against teacher to ^Magistrate
for investi-
otherwise, or
pupilsattending such
of the of any improper treatment school,the Inspectorof Schools may
transmit
gation.
494
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1876.
statement,
is
made,
to
which shall
such
the charge the particular acts in respect of which specifying within District the StipendiaryMagistrate of the Judicial the said Stipendiary Magistrate school is situate; and
cause
a a
thereupon
him from
at
copy
summons
of
such
statement
to
be
served
to
on
such
teacher,
before
togetherwith
requiring such
but appointed, of such
summons.
teacher
not
appear
days
1900,
the
and
be therein any time to service of the the day if he
less than
eight
19 of
(Amd.
s. 4.) (2.)The teacher may, complaint in writing,
or
the
Magistrate
upon in oath
a
shall in the
evidence
complaint
and the
civil matter
was
of the particulars fit,answer that he is not guilty plead orally ; may proceed to hear the complaint, and take if the complaint were a same manner as which the Magistratehad jurisdiction, over thinks therein.
to
teacher
taken
the
defendant
The (.3.)
evidence
effect and
Power cancel certain
Magistrate shall by him, with a

of such
transmit
report of
the Inspector of Schools the is the what, in his opinion,
weight
other
evidence.
to
ficate certiin
cases.
holding a certificate granted by the Inspectorof or authority in this Colony is, in the opinion of the of conduct teacher or otherwise, as Schools, guiltyof immoral Inspector under of cruel of of the children treatment or or or pupils improper any certificate his charge, the Inspector of Schools cancel such or may the thereof for such him time meet. to as seem suspend operation may (Amd. 19 of 1900, s. 4.)
8.
If any teacher Schools
Educational
Establishment
of Educational Districts.
Districts.
Governor-in-Council (1.) The may, in The, Gazette, declare published Official in such Proclamation shall Colony specified
9.
"
hj
that form
Proclamation any
a
to
be
the
portion
district
an
of
tional for educa-
purposes; District." The {'!.) diminish District the

as
and
such
district shall
))e called
"Educational
Governor-in-Council number time of

to
may,
in
like
manner,
add limits
to
or
such time
Districts, and
may appear
to
alter
the
of
any
from
be necessary.
Educational
Appointment
of Educational District Officers
District
Officers.
the
more
10.
"
(1.) For
more
efi'ectually carrying out

appoint
shall hold
one or
provisionsof
oflicers the for
this each
Ordinance, the Governor may Educational District, who
otHce
during
Governor's and Officers,
pleasure. (2.) Such oflicers they shall receive such

Combined Court. member
shall be called Educational

salaries
as
District for
may
be
provided
Court,
them
by
the
(3.)Every
Justice
authorised Town
or
of the
Combined of
Minister
of
Religion,
of
a
of
the
Peace, Inspector
Schools, Assistant
Inspector
of of
Schools, School
Manager, Certificated in writingby the manager VillageCouncil, Commissary

the Crown Lands member have
principalTeacher
of of
school any Officer
appointed under Ordinance, 1903,

the Governor and privileges
liis school, Member Taxaticm, Government Ordinance, 190-3, or the Force

or
Mining
of ihe Police and vested may in an
shall
exercise
person all the
authorised
Officer
by by
riglits, ])()wers,
functions
Educational
District
A.D.
1876.]
:
ELEMENTARY
EDUCATIOl.
Constable District unless also
[No.
shall
3.
495
this Ordinance and exercise 15
Provided
Section
the powers
or
as
always that no Police given to an Educational

52
have
Officer
by
or
Section
herein
of
this
Ordinance
authorised that
empowered
duties
therein shall
on
mentioned
antl
provided
nothing
contained
impose
s.
on
Ordinance.
imposed (19 of 1900,
Educational
the hereinbefore specified any person 1 1 of this District Officers Viy Section
5.)
of each
1 1. It shall be the
duty
the
Educational under
District the
or
Officer
"
Duties
of
Educational
(1.)To keep
and
of register under
all children age of five
age
of twelve
whether
Disti'ict ; and such register may in the Schedule to this Ordinance
years be in the
;
not,
residingin
No.
3 ears, his J
District Officer.
Form
1 containe
|chediile
:
(2.)To
ascertain child
and
report
to
the
Inspector of Schools
his District who has efficient
every
parent
or
of every
resident
within
failed
is
elementary omitting to cause and arithmetic in reading,writing, ; of this Ordinance, and to prosecute all (3.)To enforce the provisions therewith not complying ; and persons for his be laid down follow directions such as to (4.)Generally may 19 of the Schools. 1900, s. of 24.) (Amd. guidance by Inspector
12."
person, in
his child to receive
tion instruc-
(1.)Every
shall have the of
Educational
District
enter
Officer, or
other
authorised
Power
to
authority to
hours
any
between place, the
of six o'clock
any in the
cjr yard, house, building, j^'jj^^,.j(.t Officer morning and five o'clock to enter
evening
day
any who
or
in
the
week,
who
may
except
there
Sunday,
reside
and
or
there
be
em-
piemises ^^^^^ make
at
make inquiriesas to ployed. (2.)Every person
child
inquiries.
"
{a.)Hinders
or or
obstructs
any
Educational in the
District
Officer,
his
other
authorised
makes
person,
performance of
duty
(b.)Wilfulh^
District
or Officer,
to any Educational any false representations wnth other authorised respect to perscm,
such the age or employment of any child, whether under the age of five years or not ; or (c.)Wilfully refuses to afford to any Educational Officer
same,
or
child
is
District
other
authorised
of
or
any
information
to
person which
reasonablyrequiringthe
such
of
or
person any
as possessed
the
age
employment
of five years
be may whether child,
such shall
child is under
the age
not,
shall thereof, 19 of be
Vje
liable to
guilty of an penalty not
olfence, and, being convicted
exceeding ten
dollars.
(Amd.
1900,
s.
22.)
Provisions
for enforcing Elementary Education

the
of Children
such duty of the parent of every child to cause in reading, writing elementaiy instruction and arithmetic, and if such parent fails to perform such duty, he shall be liable to such orders and b}- this penaltiesas are prt)vided
13.
It shall be receive
Declaration
of
child
to
efficient
to"^)j^"cate
child,
Ordinance.
14.
able
"
(1.) If
the
parent of any
to
child
and habitually
without
reason-
Proceeding
excuse
omits
provide
efficient
elementary instruction
for
his
ofi^/tting't
educate child.
496
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1876.
child,an
Educational
District such
Officer,or
other
a
authorised
of such
person,
may
parent before prefera complaint against and the Magistrate, if satisfied of the truth
inake
an
Stipendiary Magistrate;
complaint, shall
named if he in the does
not
order
that
the
as
child the
do
attend
some
school
order, being
either
such
parent
shall
select any, then such Public consider expedient; and the the school is
Elementary
child
may School attend
select, or,
as
the
Magistrate may
may time every be specified
such
school
as
opened, or
of the
in such
other
manner regular
in the
order.
(2.)Any
excuse,
following
"
reasons
shall
be
deemed
reasonable
that
is to say,
(a.)That
the
there
is not
within the
two
miles, measured
of such the which child
according to
Aided
can
nearest
or
road, from
Colonial
residence
open child
child any
School
or
School
attend caused
(h.)That the by sickness

:
absence
or
of the
from
cause.
school
has
been
other
unavoidable
(3.)Every
2 3.
;
complaint under
Schedule be in the
ss.
this section
may
and
be in the Form
every in the said order
Ko. under
contained
this section
in the may the
to
this
Ordinance,
Form and
No.
3 contained
Schedule.
(Amd. (4.) In
such other
19 of
1900,
22
23.)
and New
towns
as
of
Georgetown
and
an
Amsterdam
and
in
places
in
one
the
Governor-in-Council
vaary order, twenty-five

to
attendances
in be
one
"
month,
a
month,
efficient
of
child at
shall
in all other placesfifteen attendances School shall be deemed Elementar}'"
elementary
instruction
mean
within
the
meaning
the
of this
of
this
hours
section.
Attendance
attendance under Section of
throughout
6
s.
in the Regulations made specified in the morning or in the afternoon. Proceedings with respect
to
Ordinance
(34
1903,
3.)
child
found
habitually
wandering
not under
or
control, etc.
habituallywandering or not under of rogues, control, or in vagabonds, disorderly proper company such child be taken into custody by or reputed criminals, persons, may District Educational an Officer,or other authorised person, or by any police constable authorised by the Inspector of Schools to detain children until be preferredagainst such so a found, complaint can child and he can be brought before a StipendiaryMagistrate. (2.)The Magistrate shall enquire into the circumstances, and may
15.
"
(1.)If
any
child
is found
the
either make
an
order
"
(".)That
than
case
an
the
child
do
attend
shall
some
Elementary
in such order such either
School
other
Industrial
so
School named if he
as
named be
the school
in such ; and the parent as
may
select,or,
does
the
Elementar}^School {b.)That such child

named in such such
select any, then such Public Magistrate considers expedient ; or

not to
an
shall be sent
Industrial
School
to
be
(c.)That (3.)When
of this
as
order ; or child shall be delivered
to
the
parent.
the provisions into custody under any child is taken the child the into section, taking custody shall, as soon person the to parent, if the practica})le, give notice of such detention
parent is known
the
and
and the
can
be
found have
was
; and
the
Magistrate complaint as if
defendant
shall
the
a
same
parent may appear before rights with resjioct to such
complaint
civil
proceeding and
he
was
the
therein.
A.D.
1876.J
ELEMENTARY
EDUCATION.
[No.
be in the Form
every in the said No.
3.
4
Schedule:
497
(4.)Every complaint under

contained
this section in the be
this section
may
Schedule
to
this Ordinance, and

No. 5 contained
order
under
YJ^^l^ ^-|^' 5
'
may of
in the Form
ss.
Schedule.
(Amd.
16.
is not
an
"
19
lyOO,
7, 22 and
any
24.)
reasonalile
excuse
(1.) Where,
an
without
order
within of any
the
the
meanin*^
at
Proceedings
disobe"lience order of
on
of this Ordinance, Educational

order fit,
for the
attendance
child
school
if he
to
with, any comi)lied

District
as
on StipendiaryMagistrate,
complaint of
may,
Magistrate for
attendance school.
at
Officer
:
"
or
other
authorized
person,
thinks
follows
(a.) In
child
the does
first
not
case
of
non-compliance,
or
if the
parent
to
of
the
appear, the
Magistrate
that he has with
used
appears all reasonable the
and
fails
satisfythe
enforce
efforts to
a order, Magistrate may compliance impose but if satisfies dollai's the two parent ; penalty not exceeding
the
Magistrate
the
a
that
he
has may,
to
an
used
all reasonable
efforts
a
as
aforesaid,the
order
In (/".) the
an
Magistrate
or
without
of the
inflicting
School
penalty,
child to be sent
any
Industrial
; and
second
order, the
Industrial
subsequent case Magistrate may order

; or
non-compliancewith
child
such
to
be
sent
to
School
he may
as
for each
inflict
child
such any to be sent under
penalty
to
an
aforesaid,without
School
:
non-compliance ordering the

that
a
Industrial section
not
Provided
to
a
complaint non-compliance shall

District Officer
or
this
with
respect
pei'son
at
continuing
Educational less interval
be
repeated by
the
any
other
authorized
than
two
weeks. this section may

be in the Form every No. under 6
Schedule Form Form Xo. No.
:
(2.)Every complaint under

contained
this section in the may of Schedule
to
this
Ordinance,
and
order
(J :
be in the
ss.
Form
No.
7 contained
in the said Schedule.
7.
(Amd.
19
1900,
22
and
24.)
Children.
Emjjloyment of
17.
take
After
his
the
commencement
or
of this
shall
Ordinance,
any
;
or
or
no
person
shall
Provisions
with
into
employment
is under of
employ
of years nine
child
"
regard to emplo.yment
of children.
(1.) Who (2.)Who,
the age
the
of nine
upwards, has not being age years certificate of proficiencyin reading, writing, and obtained a elementary arithmetic, unless such child during such employment and half school day for two efficient school on a attends an every six o'clock in o'clock in the morning and between hours seven when the evening, not prevented by sickness or other unavoidable
cause.
18.
Any
or
person
who
a
receives child
to
child
into
his house in his be

to
as
domestic
who
to
Obligationon
person
ploying em-
servant,
not
permits
a
obtained
certificate
of
a
perform any work shall proficiency,

parent
as
house
has have
child in domestic service.
deemed the
undertaken education he does
the
duty
child
such
of
so
with
respect
efficient
were
elementary
him
;
of such
not
cause
long
child
the
child remains
with
and
if
to
receive if he
not
elementary
tion, instruc-
but
be proceeded againstas he may the duty of the parent shall

nor
the pai-ent of such from
child ;
or
thereby be diminished
charged, dis-
shall the
parent be
herein
proceeded againstas
thereby exempted provided.
to liability
^
be
498
No.
3.J
THE
LA
WS
OF
BRlTim
GUIANA
[A.D.
1876.
Giving of
certificate attendance at school. Schedule Form No.
:
19^_(1.) Every
of
teacher
child
of
school
receiving a Colonial grant shall

do
so, to
be
bound,
without
charge,when
requestedto
give weekly
to
8.
he teaches, attending the school wherein the employer of every Schedule to this in the contained No. 8 Form in the certificate a child has attended such which the periods during Ordinance, stating school from
during the
the
previousweek,
cause
and
if such
child far
as
has the
been
absent may
school,
the
of such
absence, so
teacher
be able to ascertain
the
same.
(2.)Every teacher who refuses to give such certificate without the same shall, on being convicted, charge to every employer requiring be liable to a penalty not exceeding five dollars.
Giving of
certificate child of
20. Schools
to
The
Inspector
be
of
to
Schools
and
of
every
Assistant
to
Inspector
who
of
shall and
bound
give, free
cost,
any
child
is able
proficiency
to
when
read
qualified.
Schedule Form No.
:
Addition,
Ordinance
in Simple work out can write, and who any questions of certificate and a Division, Subtraction, Multiplication, the Form such child No. 9
in proficiency
0.
:
contained
shall
in
the
the
Schedule
to
this all for
and
certificate from
or
exempt
parent
and
employers of such
not
providing instruction
any for
proceeding under this employing any child in
Ordinance
contravention
of this Ordinance.
Employer
cliild
on
of
2 1
.
The for
working
work
plantation.
which any child performs any of a plantation on manager thereof the shall, subject to the other provisions proprietors such child into his taken to have of this Ordinance, be deemed
employment.
Duty
child of of to obtain of
employer
certificate attendance at school.
cate (1.)Every employer of a child who has not obtained a certifiwhich such a of on and every manager of proficiency, a plantation on shall, the thereof, for child is employed at any work proprietors has child such which in week after the first Monday in every week obtain the plantation, a been on employed or has begun so to work
22.
"
certificate from
teacher
of
school that
the
the
child has attended

or
school been
required by prevented from

as
this
Ordinance
attending employer or
school
during by sickness
shall shall
previousweek
or
has
other
unavoidable
for six tional Educa-
cause.
(2.)Such
months
such after District
manager
keep such
certificate
same
the
date
thereof, and
or
produce the
to any
Officer
other
to
authorised the
shall pay in payable respect of such
and period,
teacher
herein
when requiredduring person of such child the school fee
child the
be entitled to deduct
to
from
wages
sum
required to payable by him

he has
or so
be
to
paid,and
such
shall
child,or
the
father
of
such
child,the
which such
so
paid.
(3.) Every employer of which on plantation any such

such certificate
of provisions contravention with
any
child,
child is
such be
of any manager does not obtain employed, who the the other
respect
to
child,shall, subject to
to have
this
Ordinance,
deemed
of this Ordinance.
(Amd.
to
19
of
1900,
employed s. 22.)
any
such child in
E.xception to prohibition of ein|)lovrnent

of children.
23.
No
person
to
shall
l)e deemed
liave
taken
child
into of
his
employed any emplf)yment, or Ordinance, if it is proved,to the satisfaction having cognizance of the case, either
"
have
child,in
contravention
this
of the
trate MagisStipendiary
within
(1.) That
.
measured
during the employment accordingto tlie nearest
there
is not
two
miles,
road, from
the residence of such
500
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1876.
on plantationor lands or pursuits any labour of any the full value always that and instruction the the of cost deducting
at
the
cost
of the
school
to
such
child
workshop : Provided performed by a child after of the food (ifany) supplied shall be paid to the parent of or
in any for such
s.
secured
for such
child.
that may be deducted
cost
(2.)The by
Provision children for
amount
shall be fixed
the Inspector of Schools. 30.

Provision who
are
(19 of 1900,
at
10.)
School
for
shall be
made
every
Industrial
allowing
requiredto
attend for school
part onl}' of a daj\
only required to attend an elementary school for in elementary in the day to receive instruction and a half hours two the industrial to without education in such school becoming subject of school. 1900, s. 11.) (19 training at such
children
Execution order child sent
of
an
requiring
to be to school.
3 1 Every child ordered by a at any Industrial School may

.
StipendiaryMagistrateto
time, while
School authorised named
the order in the
or
be sent
to
continues
in
an
force, be
Educational
taken
to
the
Industrial
Officer
an
order
by
District in
or
authorised person.
Powers of
writingby
of 1900,
s.
Educational
person, Officer District
by
or
any
person
authorised
(19
12.)
affect the any 16
case
3-2.
of
Stipendiary
Magistrate
under Ord. 1 of 1852.
shall Nothing in this Ordinance under any StipendiaryMagistrate
the power Industrial

case
and
and
tion jurisdictory Reformabefore

a
Schools
Ordinance,
in lieu of
to
case
1852,
and
in 15
or
coming
StipendiaryMagistrate under
iM
section
of that
Ordinance,
in the
such the said
agistratemay,
to
dealing with
industrial arisen its
the school
thereunder, order
was
child
for
be
as
sent
the
mentioned
Ordinance
if the
had and
under
and
by
that
to
Ordinance,
any
provisionsshall
order
and
child and child

sent
defined)of any
1900,
s.
the parent and father to such school under
provided expressly to apply every such Ordinance this in (as such order: (19 of
13.)
Beligious Instruction,
Reading of Holy Scriptures

daily.
33.
the
more
"
(1 .) In opening
than
Grant every school receivinga Colonial

on
the Lord's
Prayer
each shall,
at
morning
of
which school
the
school
is of
the
by the then present ; and teacher by principal one, shall be read dailywithout comment Holy Scriptures
the
school Colonial hours. Grant shall
the
is open, be publicly repeated teacher of the school, or, if there

a
portion
in
such
this
school
during
is not In
(2.)No
section Religious
in instruction and Colonial Public
be
made
to
any
school
where
complied with.
Colonial
(s.34.)
further
34. be made
every
School
religious instruction
in
as
the
Christian
Elementary
Schools.
to such regulations may Religion shall be given, su})ject sanctioned by the Governor and the Inspector of Schools instruction in the Christian of Policy further and Court religious ; and in be school receiving a Colonial Grant, but Religion may given any
by
no
Colonial
(h-ant
in
shall be
made
to
any
Aided
School 19
for
or
in respect
s.
of instruction
Conscience clause.
religious subjects,
(s.35, amd.
of 1900,
14.)
to
35.
his
"
(1.)Every
from
cliildi-en of
all denominations any

at
shall be open Grant school receiving a Colonial withdrawn be and child may ; any instruction in any any in
by
parents
be
religioussubjects,and
;
religious observance
school
su(;h school
and
no
placed
disadvantage
reason
with
respect
from any in child shall any such secular to the

to
instruction
given therein by
of
tihe denomination
which
such
A.D.
child
1876.]
or
ELEMENT
A K Y
ED
UCA
TION.
[No.
3.
501
of his being withor drawn l)elong, by reason religious subjects. religious observance is (2.)The time or times during which any is instruction in o r religioussubjects practised, given, at any meeting of the school for elementaryinstruction shall be either at the beginning, at the end, or at the beginning and at the end, of such meeting, and or shall be specified in a table approved of by the Inspectorof Schools, (s.36.) from
his parents belongs or in any instruction
School 36.
"
Fees. attends
an
(1.)Every parent
School,
of such School after he
of has
pupil who
attained
Aided
School years,
or
or
Payment
school
anil
Colonial
teacher
passed the prescribedfourth

school Fee for
not
the age of twelve standard, shall be bound

week in which
sum
has
application of
fees.
every
must
such
pay to the pupil attends the

to
school,a
next
exceeding such
be
paid followingthe week in respect of which the payable. (3.)All School Fees shall be applied for
not
All {'!.)
School
Fees
be prescribed. as may later than during the week

same
may
have
become
of the
the maintenance
school.
(19 of 1900,
s.
15, amd.
6 of
1904,
s.
(3).)
of Liability
37.
who
"
has
is on the register of any school and (1.) If a child whose name not fourth Standard passed the prescribed annual (a) is absent from the prescribed examination, or before (b) is not a pupil of such school for the prescribed period, such
parent
child
not
whose
does
attend
examination,
etc.
examination,
not
or
does (c)
make
the
prescribednumber
of
of attendances
to pass
before
it,and
in
the
also fails in any of such cases in which standard children
such age
examination
are
his in
usually
of
examined,
the
parent of such
child
shall
the
absence
be any reasonable excuse, school within two months

a
liable to pay to the manager of such after the date of the examination,
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
examination
always
unless been
that
warned
no
shall liability child has of the
be
a
incurred
under
time
this subsection before such the
the parent of such
reasonable
(2.) Any return Inspector of Schools

or
or
certificate
to state
he is incurringhereunder. liability purporting to be signed by
and
the absence
of any
such
child
from
the failure
shall
of any such child the prescribedexamination to pass be priindfacie evidence thereof. (19 of 1900, s. 21.)
38.
Any
School which
of
Fee is due
or
any
sum
payable
be
under
section
37
of
this
Recovery
school
etc.
of
Ordinance
any
Court
competent
a
teacher any in the case authorized
authorized
of in Colonial
for and recovered in unpaid may of the school or jurisdiction by the manager in writing by such to recover it,or manager Shool by the Inspectorof Schools or any one
in all Courts
and
sued
fees,
due
to
the person
writing by him, and shall suing,by the parent. Supply of
be
s.
deemed
debt
(19
of 1900,
19.)
Schools.
for
39.
"
(1.) If
sufficient
school
accommodation
the
education
in
E.stablishment of Colonial
efficient elementary schools District is not
of all the children
provided before
the 30th
livingin any Educational day of June, 1878, or if in any
502
No.
3.]
the
him
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
other
as
1876.
District directs
are
Governor-in-Council
to
on
economical
of
or
grounds
the
do
so, the
Inspector
provided for the purpose

and establish
by
and
the
Schools, as soon Combined Court, shall

sufficient
funds
erect
schoolhouses
District.
maintain
schools
proper in such
(2. ) Such
schools when
a
established shall be called Colonial School

has been
Schools. tional Educa-
(3.)When
Colonial
established
at
in
any
District, the Inspector of Schools may, all Colonial withhold fair notice, withdraw or
School of
Maintenance of school children for
on
his
discretion, after
from any
Grants
Aided
19
within
ss.
two
miles
of the
Colonial
Schoolhouse.
(s.41,
amd.
1900,
40.
14 and
16.)
a
(1.)The
are
proprietorof
or more
plantationin
shall be bound
or
cultivation
to
as or
on
which
there
on
thirty children
such of
plantation.
at plantation,
such
an
place
of
places
school
tain mainprovide be of approved may efficient
and
by
the
the
Inspector
Schools,
efficient
schools, to
tion educaGrant
satisfaction of the
of such the
Inspector
shall
as
Schools, for
made
to
the
elementary
a
children, and
conditions
be
are
entitled to receive
other
Colonial
on
same
grants
schools.
fails to be for
of a plantation in cultivation who (2.) Every proprietor such school or schools shall to maintain provide or efficiently dollars on being convicted, to a penalty not exceeding fifty
liable,
each
month
such
or
part
of
month
during
on
no
which
he
may
be of
in the be
default, and
penalty may
Provided children
be
recovered
that school
one
the
Schools:
for all the
always
a
complaint shall proj^rietor

the
Inspector
of
or
compelled
entitled to maintain
if there mile
is sufficient school of
accommodation cultivation
shall be 19
:
within
no
plantationin
this section
Provided,
commenced
of
also,
that
without
s.
the
prosecution authorityof the Attorney

a
under
General.
(Amd.
1900,
17.) of (3.)The proprietor
in plantation
cultivation
maybe
proceeded
against for
him
; and
document and of the

Allowance of for
this section without to comply with naming any omission all process be served on such proprietorby affixingthe may of the principal tion, the plantation in cultivato one on buildings
plantationshall penalty, (s.42.)

The
the
be liable and
executable
for
the amount
41.
with
joint school
two
or more
the
of two more or proprietors approval of the Inspector and maintain

a
plantationsin
of
or
cultivation
a
may,
or
Schools,
schools
erect
schoolhouse
plantations.
schoolhouses
distance
school
for their
jointuse,
of the
if the
between
over
by
road
of such two any which children

not
in cultivation, measured plantations

can
without Meaning
of
does difficulty, The
exceed
two
at pass miles,
all
seasons
year
(s.43.)
in
to
42.
expression"plantation
sections houses shall
in
to
cultivation"
mean
the
last
two
"plantation in
cultivation."
preceding
collection
be and
in
deemed
to
and
include
every
on a
of
belonging
the
thereof,situate proprietor
a
in plantation of
one
cultivation
lying
which
wdthin
circle
having
diameter
thousand
yards
more
than
thirty children
etc.
reside,
(s.44.)
Proof of Age of Child,
Power certain
to
in
cases
43.
ages
Whereas
it is often
matter
of
to difficulty
ascertain
Be
the true
in any
of children the
l)orn in this age of any
Colony
is
of illiterate
to recjuired
: i)arents
it enacted
estimate of child.
that, where
child
be
ascertained
age
under judicial proceeding
this Ordinance, the
Magistrate Stipendiary
A.D.
1876.]
ELEMENTARY
EDUCATION.
[No.
the the child is
3.
503
or
before have
if Judge having cognizance of the proceeding, him, after consideringany evidence on l)een adduced and the the appearance of the
produced
may
point
which
child,and
in the
absence
of clear
testimony to
contrary, may
true
declare
age,
what, in his opinion,is the for all purposes connected shall,

age of such child
at
with
and the pronote on ceedings, child,and such age of such that proceeding, be taken to
be the true 44.

The
that time
(s. 45.)
authorized person Officer shall be
a
of Schools, every Tnspectoi' every the General such Educational District Othce
in
writing
to
Certificates of birth.
by him, and
t)btain from
in any
on
entitled
Register
Office with
in register of
a
certified copy of any entry respect to the birth of any child
payment
45.
fee of
eight cents,
(s.46, amd.
19
of
1900,
s.
18.)
School
Every
his
school
a receiving an
Colonial efficient
of this
causes
Ordinance,
child
])e deemed
for the purposes Grant shall, school,and every parent who
receiving
Colonial
to
grant
Colonial a regularlyto attend any school I'eceiving Grant this Ordinance, be deemed to shall,in all proceedings under have performed his duty with respect to the elementaiy education of his child, (s.47.)
be deemed
efficient.
Legal Procedure.
46.
and All
penaltiesincurred
in
a
under
manner
this Ordinance lêfore any
may
be
sued
for
Procedure and
recovered
; and
all orders
summary which any
to
appeal.
such
Magistrate
is authorized
make
under
made, and enforced according appliedfor, of procedure, and to the form subject to the appeal,provided by any Ordinances for the time being in force regulating procedure before See Ordhuinces No. 12 of 1893 StipendiaryMagistratesin the exercise of their summary jurisdiction ami No. 13 of and appealsfrom the decisions of StipendiaryMagistrates. (s.49.) 1893.
47. those
No person
this Ordinance
shall be
whether
requiredto
for of
in any pay any fees for any process the of school taken fees, recovery
or defendant, shall be complainant,plaintiff other than proceeding, or
Exemption from payment

of fees of
had
under
the
visions proprocess.
this Ordinance
s.
against the parent

to
or
employer
of any
child.
(26
of
"
1903,
(1).)
it appears
48.
that
(1)
of
If
any Educational there is reasonable of
the complaint any StipendiaryMagistrate, on District Officer or other authorised person, is employed in to })elieve that a child cause
in any
Power warrant examine in
to
grant
to
place certain;
contravention
this Ordinance
whether place,
building or
cases.
his hand, empower not, such Magistrate may, by order under an Educational District Officer,or other authorised officer person, or police
to enter
such
date of such
place,at order, and
any
to
reasonable
examine of
time such
within
seven
days
from
the
and place,
therein,touching the employment

who refuses
officer authorized (2.) Every person an by order under this section,or obstructs him in the dischargeof his duty when acting under this section, shall for each offence, on being convicted dollars, thereof, be liable to a penalty not exceeding fifty (s.52, amd. 19 of 1900, s. 22.)
any child admission to
any therein.
person
found
49.
from such TItP
The time
Forms
to
contained be varied
shall
or
in
the
Schedule
to
this
Ordinance
may
Power vary
to Forms,
time
or
altered the
by
the
Governor-in-Council, and
have effect been
as
varied
altered
forms, after
have Schedule,
same same
Official Gazette, in the said incorporated
the
if
published in they were
Schedule.
(s.53 )
504
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1876.
Section
49.
SCHEDULE.
FORMS.
Section
11.
Form
No.
1.
Register.
British Giîana. in the Educational District.
Register of Children
Section
14.
Form
No.
2.
Complaint against
British The
person,
Parent
for
not
educating Child.
Gtiana.
complaint of
taken
who
,
an
Educational
District
Officer
or
other
authorised
District,at
1
being the 1876, of the child named

years
undersigned Stipendiary Magistrate for the in the County of this day of in the said County, saith that residing at Education of the the meaning Ordinance, Elementary parent, within
before
me, the
and of twelve years,
which
child
is above
the age
of five
next
excuse
and the
to
under date
the
ol
age
has, for the
period of
the
before omitted
reasonable without complaint, habitually and h said child, for provide efficient elementary education and in said Ordinance; contravention of the thereupon this District Officer may
or
said
the
ho,
said Educational the said
other
authorized with
person, to
makes Law.
that application
be dealt
according
A.
B.
Taken
before
me
the
day
and
year
and
in the
place above
mentioned,
CD.
(Signed.)
Stipendiary/Magistrate.
A.D.
1876.
ELEMENT
A R Y
ED
UGA
TION.
[No.
3.
505
FoiiM
Order
on
No.
3.
Section
14,
Parent
for Attendance
of Child
at
School.
British
Guiana.
of
County
Be
1 the on complaint was day of District, Esquire, Stipendiary Magistrate for the Educational that District Officer, other authorised an or by person, in the County of residing at 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 next before the said period of day of omitted 1 to provide efficient reasonable excuse habitually and without in contravention elementary education for the said child,the said of the said Ordinance, and that on the 1 at day of
it remembered before
that
made
the Court of the said
Room,
at
in the said
County
of
the matter
heard and investigated by the undersigned Stipendiary complaint was District ; and Magistrate for the being satisfied of the truth now, do cause the said of such complaint, I do order that the said the School'] describe child to attend the at [_hfre School being the School which the said parent has selected [ôr which, as the parent has not selected ichich the child is to attend diijs oh mani specif named] on \Jierc "/ how any, I have in each week hours during which such School shall be open for School]
on
each Dated
such this
day. day
of
1
,
at
(Signed.)
CD.
Form
No.
4.
Section 15.
Complaint against
British The
person, 1
Child
found habituallywandering.
Guiana.
complaint of
taken who before
me, the
an
Educational
District
other authorised or Officer, of
at District,
for the undersignedStipendiary Magisti'ate in the County of this day
being a child subject to the provisionsof the Elementary Education Ordinance, 1876, has, for the period of cational Edunext before the date of this complaint, been found within the District habitually wandering,['"r in the under not or control, proper the of rogues or as or reputed criminals, vagabonds or disorderly company persons circumstances of the case may require],
,
saith that
A. Taken before
me
the
day
and
year
and
at the
place first above
mentioned.
(Signed.)
C.
B.
Form
Order under
No.
5. 15.
Section 15.
Section
British Be
Guiana.
that Room
on
it remembered
the
in the
day
of
1
,
at
the
Court Elementary Education

trate
for the
VOL. I.
County of Ordinance, 1876, I, do order that District,
in pursuance
of the
Stipendiary Magisbeing a child 35
506
No.
3.]
the
THE
LA
W8
OF
BRITISH
GUIANA
.
[A.D. 1876.
attend
not the
to siiliject child I have open at has
provisions of section
at
lo
of the
of
saiil
(îdinance,do
which child the has said
Publie
Klementary
School for
beine; the School

as
parent of the said

selected School
any, shall he
selected
[or which,
the
parent
in each such
the
named]
for
days
hours
on
week
each
during which day, [or he sent to

or
such the
Industrial
to his
School
he
delivered
parent].
Dated
this
day
of
(Signed.)
CD.
Stipendiary 3Iayistrate.
Section
16.
Form
No.
6. Order
Complaint for Non-Compliance with

British The
person, Gciana.
of Magistrate.
complaintof
taken before
me, the in the
an
Educational
District
Officer
or
other
authorized
undersigned Stipendiary Magistrate for the this at day of District, County of 1 saith that heretofore the who 1 day of on made order was Esquii-e, Stipendiary Magistrate for an by that the District, being the parent, within the Education Ordinance, 1876, of the child named meaning of the Elementary should cause the said child to attend, and that the said child therein named, in the manner should attend, the School at specified in in the said order, and that the said now residing at next before the the County of has, for the periodof reasonable to date of this complaint, failed, without comply with the excuse, of the said Ordinance, and thereupon he, the said Edvicasaid order in contravention makes that the said other authorized tional District Officer, or application person, be dealt with according to Law. may
,
,
A.B. Taken before

me
the
day
and
year
and
at the
place above-mentioned.
(Signed.)
C. D.
Note.
a
"
For
second
or
any
subseqiientcase
"
ii-ith an of non-comjtliance and further that he, tlie said
order
made
by
StipendiaryMagistrate after tke icords of the said Ordinance," proceed us foUon-s :

heretofore, and
of reasonable
excuse.
to
"
comply with the said order, in contravention
before 1
the
,
in this complaint, to wit, on the day period mentioned was adjudged to have failed to comply witli the said order without
Section
16. Order
Form under
No.
7. 16.
Section
British
Whereas
Guiana.
on
the
complaint of
it has
for been made to
an
Educational
appear to me,
District the
other
authoriKcd
person,
Officer,or undersigned
reasonable
Magistrate
at
the excuse, for th("

of the
the
meaning
attend, the
failed to with
S(;hool
;
District,that, without any Esquire, Stipendiary residing District, requiring that in the County of being the ]iarent, within Ordinance, 1876, of the child named Klementary Education child should such should child to attend, and that such cause been has therein not thereiTi named the times at specified,
the
order
made
by
complied with
and
whereas
the
said
parent, the
said efforts to
has enforce
satisfyme that he has the said order,I, the said
used
all reasonal)le
compliance
StipendiaryMagistrate, do,
this
508
No.
the
3.]
handwriting
in his
own case
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
unless
A
1876.
of the
Schoolmaster who has
; and
no
certificate from
shall
lie valid Surname
the be
master, Schoolinsei-ted
handwriting,
Child
subscribes been the

as
to
it his Christian of absence

can
and shall
in fuU. shall when in the in tlie Column any day has Column of
In the mider headed been the

a
of any
or
absent
cause same
Scliool, the letter

be ascertained sliall be
the
"
day
Causes
days
at
of absence,
as
and far the
be inserted
; and
of Absence," the
the
holiday day.
called above
"
School,
word
"Holiday"
entered
All School
to be
Certificates, if given on
The Fonns School may Certificate be bound
loose sheets, shall, as Book in the order

"
soon
as
received, be fixed in
book,
of their
respective dates.
Copies
of the
together
in
book
for each
Plantation.
Section
20.
FoBM
No.
9.
of Frqficiency Certificate
.
British
Glian^*.
I,
and and
can
work
out
Inspector of Schools, do hereby certifythat I have examined is able to read and wiite, he, the said questions in Simple Addition, Subtraction, Multiplication,and
that
Division. Dated this
day
of
1
,
at
(Signed.
A. B.
Inspector of Schools.
Section
25.
Form
No.
in
10.
Complaint for employing

British Guiana.
Child
Contravention
of
the
Ordinance.
taken before me, the undersigned Stipendiary The complaint of in the County of this Magistrate for the District,at saith that 1 who residing at day of in the said County, did on 1 the day of in the said County, one take into his employment employ] at \_or of the Elementary then being a child subject to the provisions Education of the said Ordinance. Ordinance, 1876, in contravention
, ,
A.B. Taken before

me
this
day and
year
and
at the
place
above
mentioned.
(Signed.)
C. D.
OKDINANCE
A.D. 1876.
*
No.
in the
OF
1876. the
An
Oudtnance held
to
vest
Colony
Propert}^now
and the of Guiana
by Queen's vested in the Lord Property now known as Bisho[)'s College."

"
CollegeGrammar
School
Bishop
WHEREAS, Cellege
Governor
with
a
the
object
of
of
establishing
it
was
Colonial
and and
:
"
Training
Court
College, Policy,on
for the
resolved 16th
by
of
the
the
day
June,
1876,
as
follows
"That of the
arrangements
be
made
acquirement by
known
as
the
lands, buildings,and
premises
the
Colony Queen's
A.D.
1876.]
College Grammar
purposes
QUEEN'S
School
COLLEGE,
and the
ETC.
[No.
4.
509
of the
of
said
terms
Colonial
as a
College, upon
and
Court
"
such
may
sum
for Policy,
Bishop's College, i'i)r tlie College and the said Training be approved by the Governor not exceeding ten thousand
pounds
And
;
on
whereas
to
resolved
And
make
the
on
whereas
and
the Governor
"
Court 17th day of June, 1876, the Combined ; provisionfor these objects requisite resolved by the yth day of August, 1876, it was of Policyas follows : Court
the
"
The
Court made
Court, having
reference
was
to the Resolutions
of the Combined be
the lands
by
for
which the
it
resolved
the
that
arrangements should
of
Colony mises preacquirement by and School Bishop's asC^'ueens CollegeGrammar be approved by the Governor such terms as College, may upon and Court of Policy, for a sum not exceeding ten thousand pounds, and and, having reference to the value of the lands and premises, ship Lordmade His the efforts their of to express sense by desiring of education in this Colony, do the Bishop for the cause of the full sum of ten thousand pounds being appliedfor approve the purchase of such lands and premises;
known
"
and
And
whereas
the
President and the
of
the
Council
of
the
said
Queen's
the said
CollegeGrammar premiseskn(jwn
and
as
School
Governors
thereof,in whom
School
are now
the Queen's
CollegeGrammar
vested,
the said premises known as the Lord Bishop of Guiana, in whom the that now Colony vested, have consented Bishop's College are thousand of ten should for the said sum acquire the said properties be paid to the Lord Bishop of should pounds, and that the said sum the Diocese
;
And Be
whereas
it is
expedientto by
the
vest
the said
in properties
the
Colony
with
:
"
it therefore and
consent
enacted
of the
Govei'nor of
of British
Guiana,
follows
the
advice
Court
Policy thereof,as
Lot of
as piece of land known in the City Cumingsburg District,
1. The
Demei'ara, which
is
now
vested
in
84, situated in South Georgetown, in the County of the Queen's College Graimnar
No.
thereon of in the of the every kind
or
Vesting in the Colony of Lot
eHiminUbni''Georgetown.
School, with
all the
and buildings vested known

4 and
erections
is hereby description,
in absolute
dominion
Half
Colony.
Half
2.
in the
The
piecesof
Half of
land
No.
as
the East
West
and
Vesting in the
the East
Lot
New of
Charlestown
Nos. 5, 6, 19, 20, and 21, situated in the City of Georgetown, in the District,
Lots
are now
^^rtTin other
lots in New
County
Demerara,
all the
which
vested
in
the
Lord
of
Bishop
kind
of
or
Charlestown,
"^"^^
Guiana, with
are description,
thereon and erections buildings hereby vested in absolute dominion Receiver General of Guiana
out shall,
every in the Colony.
3.
pay
"
(1.) The
the Lord
of of
the Colonial
ten
Revenues,
to
Bishop
the
sum
thousand
pounds
or
Payment of Purchase
properties
vested.
thousand dollars, and, until the whole of the said sum forty-eight Revenues to half-yearly fullypaid,shall out of the Colonial pay from said Bishop interest at the rate of five per cent, per annum such part of the said sum at 1st day of January, 1877, on as may time remain unpaid after the said 1st day of January, 1877. not especially by appropriated (2.) All the Colonial Revenues
is the the any
any
510
No.
4.]
now
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1876
Ordinance
said
sum
in force
are
of ten
thousand thereon.
or
hereby pledged for the due payment of the thousand dollars,with pounds or forty-eight
claims of which the exist and
sum so
the said interest

Lien
or on
4. Any
affect and
liens
mortgage
the
may
same
on
mortgage
properties shall, to
may
amount
to
any of the said the like extent,

to
aff"erthe
sum so
be enforced
against the
said
directed
be
paid.
to
be
paid.
ORDINANCE
A.D.
"
No. the
OF
1877. of Horses.
1877.
"
"
An
Ordinance
to
improve
Breed
[28th July,1877.]
WHEREAS prevent
to
in order
to
improve
of small
the breed
of horses
it is
expedient
to
stallions
size from
being
allowed
go
at
large:
Be it therefore
enacted
by
the
Governor of
of British
Guiana,
follows
:
"
with
the
advice
Short title.
and
consent
of the Court may be
Policy thereof,as
as
1. This
Ordinance
cited
the
Horses
(Improvement
of
Breed) Ordinance,
Interpretation
of terms.
"
1877.
2.
In
this
Ordinance,
Stallion
"
"
Small
means
a more
stallion than
of
the
is not upwards which height,such height to
fourteen
years and age of two and a half hands in from the
be
measured
by
the
to
straightline
fore-feet to
contain four
lowêst part of the hoof of either of part of the wdthers, and every hand
the
highest
inches.
Prohibition small
of
stallion
being allowed to go at large.
(1.)No person shall suffer any small stallion to go at large. at large stallion to go suffers 'awj small (2.)Every person who shall be shall a guiltyof an offence,and, being convicted thereof, pay of such penalty shall be and the whole penalty of twenty-four dollars, paid to the informer.
3.
"
Mode small found
of stallion at
4.
small in
"
(1.)Any
than
person
an
who
finds
any the
small
enter nearest
stalhon thereon
at
large,in
and seize the
dealing with large.
place other charge
enclosed
take Pound District the
place,may
same
any such
stallion,and
of such of the
to
Pound, and
to
person such
shall
thereupon report
sut-li Pound
the
Stipendiary
that
Magistrate
stallion has
in which
is situated
been
(2.) The
thereafter such
cause
brought to sucii Pound. StipendiaryMagistrate,on

such
a
receivingsuch
report, shall
stallion
stallion
is
small such
he shall order
successive and
that
measured, and, if he is satisfied that of this Ordinance, the meaning stallion within tisement stallion sliall be pul)licly sold,after an adverto
be
of such
sale has
at
a
been
Saturdays,
expenses,
time
shall further
order
that shall of such
deducting all
unless
Gazette on three in Hie Official in such order, place to be named such the proceedsarising from sale, after such be paid to the person stallion, seizing inserted
and sale the
owner
before
the
day
pays
all the
expenses,
and
A.D.
1877.]
sum
TRA
L\IXa
INSTITUTIOX.
[No.
person who
2.
511
further
of
twenty-four dollars,to
stallion sold
at
so
the
seized such
stallion.
(3.)Every
small
ordered time
to
he
sold
shall,unless
reclaimed, be
from proceedsarising
the
and
such
sale shall be dealt
place appointed,and with as directed by
previously the
tlie
said order.
proceedingsunder this Ordinance for the recovery of a penalty Procedure for the time being *"" appeal, under shall 1)6 taken of any Ordinance the provisiims in force regulating procedure before Stipendiary Magistrates in the '^^ iw'isos and shall Ije subject to the exercise of their summary jurisdiction, appeal provided by any Ordinance for the time being in force regulating Scc Ordiimncc ^"- ^'^ "/ ^^''*3appealsfrom the decisions of StipendiaryMagistrates.
5.
AH
ORDINANCE
An Ordinance for the
to
No. and
OF
1877. Institution Schools.

A.D.
"
establish
an regulate
1877.
"
"
Training of
Teachers
for
Primary
[7th November,
1877.]
the
:
"
B
ance,
it enacted and
consent
by
the
Governor of
of

follows
advice
of the Court may be
Policy thereof,as
as
1. This 1877.
Ordinance
cited
the Training Institution
Ordin-
Short
title.
2. An
persons
Institution
may schools
shall be established trained

to
at which
both
male
and
female for
Establishincut institution.
be
properly
; and
become
shall be
efficient
teachers
"
primary
3.
such
Institution
called
The
Training
of the
Instituticm
of British
Guiana."
may
as
"
(I.)The
Governor such
masters
appoint
may be
Superintendent
Appointment
Institution,and
considered
(2.)The
may from time
Superintendent and masters be provided for them to time
necessary. shall receive such salaries
dent"and"
as
^"
masters.
by
the
Combined
Court.
and Apiwintment
4. The
servants
Superintendent may appoint such number be approved of by the Governor, as may

shall receive
of attendants and such be
attendants
^^^^
^"^
^'^
*'
and
servants
such
remuneration
as
may
sanctioned
by
Primary
to
the Governor.
5."
(I)
Thei'e shall be attached be

as a
to the
Institution
are
primary school,
trained
at
school
may Institution
which
used
by
shall
the be
persons Colonial
who
being
the
to be attached the Institution.
practising school.
a
(2 )
made
Such
school
School, and
provisionshall
school.
the in
be
for the instruction any she
of
and boys,girls,
infants at such
to
6. Before
he
for that
or
shall be person shall pass such
admitted
an
be
trained
as
tution, Entrance Insti-
examination
may
be
prescribedexamination
tution the Instito
purpose
by
the Inspector of Schools.

to
or
be admitted 7. Every person who may the vacations shall,except during
be
trained
in
Residence of person admitted.
when
sick,be bound
reside at the
Institution,unless
he
or
she receives
permission from
the
512
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
to
1877.
with Superintendent, elsewhere.

Management
of the tution. Insti-
the sanction
of the
Inspectorof Schools,
and
reside
shall be under the management 8. The Institution the Inspector of Schools, and it shall be the duty of Schools to frame regulations for the following purposes,
control
of
the Inspector of that is to say,

"
(1.) For regulating the

the and
Institution, the
the
may persons age at which be passed before examination to

;
sexes manner
be
admitted
into
admission,
for admission qualifications necessary of the the separation (2.) For ensuring proper of the For course training,the regulating (3.) hours of and the instruction, study ; (4.)For regulating the diet; (5.) For regulating the punishments which misconduct
;
and
method
of
may
lê inflicted
for
(6.)For regulating the examinations requiredto pass ; periodically shall the fees which For regulating (7.) being trained therein ; the Colonial School (^.)For regulating
and
which
be
each
pe'son
shall
be
payable by
to
the
persons
attached and
tlie Institution,
of the
(9.)Generally for
Institution
:
the
good government
management
Provided
Schools
always
shall not of
that
come
by the regulationsmade any such been have the until into force same
Inspector of laid before,
and
and the Governor and Court of Policy, by, the Governor and such of Pohcy may and Court alter or amend regulations, any shall of Court settled and such regulations, the Governor as Policy, by Gazette and shall thereupon be binding on be publishedin The Official
approved
all persons
concerned.
shall be person such person
Expulsion
from the Institution.
9. No Schools.
10.
to
expulsion of
The
expelled from the Institution until the finally has been approved of by the Inspectorof
Vje bound Court submit
Making
annual
on
of
Superintendent shall
the year, Governor
a
to
to
the
Governor,
report
be
laid before in each
and
the
Institution.
January
includingthe
the progress
working
made
of the the
full report of the Colonial School persons who may
of Policy, in the month of the Institution, working of
attached
have been
thereto, and
trained
at
of the
by
Institution, during the then
precedingyear.
OKDINANCE
An
No.
OF
1877.
A.D.
"
1877.
"
"
Okdinance
for the Prevention
of Cattle
Stealing. 1877.]
advice
[lOth November,
BE
Short
it enacted and This

consent
by
the Governor
Court
of the may
Guiana, with the of Policy thereof, as follows :

of
British
"
title.
1
.
Ordinance
be
cited
as
the
Cattle
Stealing Prevention
Ordinance, 1877.
A.D.
1877.]
In
CATTLE
STEALING.
"cattle"
or
[No.
includes
any
3.
513
2.
this Ordinance, the
term
gelding,colt, or
bull,cow,
any goat
or
filly, any
mule
ass,
whether
ram, ewe,
male
ox,
or calf,any steer, heifei', kid, whether inale or female.
horse, mare, female, any sheep,or lami),and

or
Interpretation
of term.
(1.)No pers(m shall Itraiid with any brand, or until be permanent, any cattle to likely any mark at fourteen some days after he has caused to Ije given
3.
"
shall the
mark
with
Notice
to
be
of expiratif)n Station
a
given
before
of brand
use
Police in the
tliereof. Schedule Form No.

:
notice
under
his
hand,
in the
Form brand
No.
or
1 contained mark cattle which
.Schedule
to
this Ordinance
the specifying of
such
person
intends
or
1.
for the purpose to use his custody,or under of the
marking
the
belonging to
on specifying or
him,
what mark.
in
his control, and
further
part
body of the animal he intends to place sucli brand (2.)Such notice shall state the place of residence giving the notice.
4.
Force If any
at
of
the person
is unable
givethe notice hereinbefore required Filling up of notice where member of the Police to some to write, he shall state verbally jjcrson giving the particulars write to who Police Station can to it is unable a necessary
person
who
desires to
enable member
the
member
of the
Force
Police
Force
to
fill up
to
such
notice, and
or
such
write.
of the Police
without shall,
the same notice, and, after reading over to put his mark such person thereto,and
name
any fee,fill up such person,
write
such
shall and
require
shall mark. Force
then
date
sign his
to
such
notice
as
witness the the

to
to
such
5.
"
notice
shall
of (1.)Every member for give a receipt

to
Police
same
who
Form
receives
in the
No.
such any in 2 contained
Keeping
"
of
the Schedule shall at

once
this
Ordinance the
same
forward
(2.)Tlie Inspector General marks for cattle to be kept for the Register of Brands, and may shall be termed (3.)Such register convenient. General of Police deems the Inspector be in such form as
6. If,on
considers
would he shall
giving such notice,and of Police. to the InspectorGeneral and of brands shall cause a register the whole Colony.
the person
"^ p*^^'^*^"^ ^ poim xo. 2.
receiving any
the
use
such
the cruel
notice,the
brand
or or
that
of
or
mark
be inconvenient
cause
to
be served, at the
to likely place of
InspectorGeneral of Police in such notice specified or mistake, give rise to error

residence mentioned
or
Power
to the
Inspector
altera,.equirc tion of brand,
in such is not bound

to to
under notice,an intimation be used, and thereupon the select for his in the
manner use
his hand person
that
such
brand notice
to
mark be
giving such
or
shall
some
other
brand
mark,
and
give
notice
thereof
hereinbefore
person with
prescribed.
"
7.
"
(1.)Every (".) Brands

he has
who
Offences
the
under
Ordinance.
any brand, or cattle before on, any caused to be given at
places any
fourteen
some
mark to be perlikely manent days have elapsedafter Station
Police
the
notice
hereinafter
required;
or
or manner
Brands {I).)
cattle
marks
in any
or
to likely
be permanent the
any in the specified

or
with
brand
notice with
on
mark
other him
;
or
than
or
brand
to likely
or
any mark
given by
any any notice
or
(c.)Brands
marks cattle
brand
mark animal him

an
be permanent
any
part of the
other
or
than
the the
in the part specified brand Uses {d.) any
given by
after has
mark
intimation
from the
Inspector General
of Police
been
served
at
placeof
514
No.
3.]
THE
LA
WS
OF
HRLTLHH
GUIANA
[A.D.
him
1877.
i-esidence mentioned
brand shall
to
a or
in
to
the be
notice
given by
that
such
mark
is not
used
guiltyof an oiience, and, being convicted thereof, shall be liable dollars. penalty of twenty-five required was duly given (2.) The proof that the notice hereinbefore
be the time when such notice
was :
and
given
Provided
shall
be
on
the the
person member notice
ceeded proof
was
of the the
against under receiptfor the

Force time
at
this section notice be
purportingto
prima facie
always that be signed by

that
production
Police the
shall stated
evidence
any such
given
Punishment of person
. .
in such
receipt.
unlawfullyand with intent to defraud brands or on, any likelyto be permanent places any mark any shall be guiltyof a misdemeanor, cattle and, being convicted thereof, hifent with for five years, or to be shall be liable to be kept in penal servitude to defraud. hard with for term not labour, exceeding two years. imprisoned, any
8.
Every
person
who
with
brand
Keeping for time specified

of skins cattle. of
slaughtered
in to be slaughtered or causes (1.)Every person who slaughters than the Georgetown Market other steer, bull, ox, cow, place any any to keep heifer, calf, ram, ewe, sheep,lamb, goat, or kid shall be bound has been hours after such animal for forty-eight the skin of such animal skin and shall during such time be bound to produce such slaughtered,
9.
"
to
any
same.
member
of the
Police
Force
or
constable
who
may
require to
skin
see
the
(2.)Every
any of the such animal Police
person which
or
who
he
refuses has caused
or
to produce the neglects be to slaughteredto any
of
member
Force after
constable
animal
see retjuiringto
the
same
within be
a
eighthours
an
such
has
been
shall slaughtered, be liable to
thereof,shall
fortyguilty of penalty of
dollars. twenty-five
Power Police cattle to the to enter
10.
time
Every
on
member any
ox,
of
the
Police which
Force he may
and
constable
cause
enter
premiseswhere
are
premises on
have
to
at any may believe that
slaughtered.
any bull,cow, is about to be all such
steer, heifer, calf, ram, sheep,lamb, goat, or kid ewe, examine and slaughtered or has been slaughtered, may and skins of all such animals, found animals, and the carcases
thereon.
Maintenance and
11
.
Gates
shall be
maintained
across
the
bridgesover
the
Mahaica,
closing of
gates at
certain
bridges.
Canje Creeks, and such gates may be kept closed ]\Ialiaicony, Abary, and fastened six o'clock in the evening to six o'clock in the mornfrom ing shall be made for allowing all : Provided always that due provision
and persons who
at
gates
Power Police to the to
have may all times. member
lawful
oct-asion
to
do
so
to
pass
through
such
12.
detain
Every
any
of the
Police
Force
and
ox,
person cattle and make
stop driving
person
drivingaiiy bull, cow,

kid
to
stop and may heifer,calf, steer, ewe, ram,

constable
lamb, goat, or shee]),

which and and
to
along
animal
such inquiries.reijuire residence refuses and before in the

a
person which of the
give
publichighway or road, and may any to the placefrom to liiin full information as
such
owner
who
or
neglects to
detain such
may
to the name is ))eing driven, and as such person arrest thereof,and may every said, aforeinformation as give full or satisfactory be brought in custody until he can person
StipendiaryMagistrate, and
such person.
may
detain
every
animal
found
possessionof
516
No.
4.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1877.
ORDINANCE
A.D.
"
No.
OF
1877.
one
1877.
"
"
An
Okdinance certain
for Provisions the
See also Ordinance iVô. 10/1846.
consolidating in usually inserted

Constitution for and
Ordinance Ordinances
in
relating to
of
a
Companies incorporated
public nature.
of Management takings Undercarrying on
WHEREAS
various of the execution Be advice of it therefore and
it is
expedient to comprise
usually introduced
a
in
one
general Ordinance
and
provisionsrelatingto the
constitution into
management
companies
Ordinances
undertakings of enacted by the

of the Court
publicnature
of
by
such
authorizing companies :
:
"
Governor of
British
Guiana, with the

follows
consent
Policy thereof,as
Preliminary.
Short
title.
1. This
Powers
Ordinance
may
be
cited
as
the
Companies'
of any
Clauses
and
Consolidation
Ordinance, 1877.
of this Ordinance and
Interpretation
of terms Ordinance Ordinances in the and
2. Ill the construction

which may
"
other Ordinances
context
be
incorporated therewith, unless

"
the
otherwise
requires,
"
incorporated
therewith.
SpecialOrdinance passed incorjôrating any on any undertaking and

:
The
shall
mean
company with which
which be any Ordinance may for the of carrying purpose this Ordinance corporate be inmay
"
Prescribed referred
The
"
or prescribed provided for the purpose SpecialOi"dinance : the un'ertakingor works of whatever undertaking shall mean which be authorized nature by the SpecialOrdinance may mean
"
shall
to
in the
"
to
"
be
executed
"
: mean
"
Justice The
shall
any
mean
Stipendiary Maiiistrate
the company
the directors the constituted
"
company Ordinance
"
shall
by
the
Special
:
"
The
directors
shall
mean
include
whether
all jêrsons under the

or
"
having
name
direction
of the and sliall company, of the undertaking,

or
of
directors, managers,
other
name :
committee
of
management
"
under shall
mean
any
Shareholder
the company
or shareholder, jiroprietor,
member
of
and,
in
to referring
a
to properlyapplicable : corporation
"
person
any shall
such
shai'eholder, sions expresto
be held
apply to
and
The
secretary
"
shall
mean
the
secretaiy of the
company,
shall include Arrangement

of the Ordinance.
the word
"clerk." into
3. This
Part Part Part I.
"
Ordinance
is divided
Parts,
as
follows
"
IntroductoryProvisions.
"
II.
Distributi(m
"
of
or
Capital of Company
of Shares.
into
Shares.
III.
Transfer
Transmission
A.D.
Part
1877.]
IV.
V.VT. VII. VIII.
"
COMPANIES'
CLAUSES
AND
POWERS.
of
[No.
4.
-)V
Payment
of Calls.
of
and Subscriptions
means
enforcingPayment
Part Part Part Part
"
l^'ôrfeiture of Shares
"
for
Non-Payment
of Shares. of
of Calls.
Cancellation
"
and of
Surrender
Remedies
"
of Creditors
Borrowing
Conversion
Money
Company against Shareholders. on by Company Mortgage or

into
Bond.
Part Part Part Part Part IX. X. XI.
"
of BoiTowed
Money
into
Capital.
Additional
"
Capital.
of Shares Stock.
Consolidation Debenture
"
Stock.
and Exercise of
XII." XIII. of
General
Meetings
and
of
Company
Right
Voting by Shareholders.
"
Part Part
XIV.
Appointment
Powers of
Rotation
of Directors.
Powers of
XV. XVI.
XVII.
"
Directors, and
Company,
to
be
exercised
Part Part Part Part
"
"
XVIII.
XIX.
"
"
Meeting. only Proceedings and T-iabilities of Directors. -Appointment and Duties of Auditors. Accountabilityof Officers of Company. Keeping of Accounts, and Right of Inspection thereof
of Dividends.
of
in General
by
Part Part Part
Shareholders.
"
XX. XXI." XXII.
Making
Making
" "
Settlement
By-Laws. of Disputes by
of
Arbitration.
Part
Part
XXIII.
XXIV.
"
Giving
of Notices.
Recovery
Provisions
Damages
be made
not
provided for specially affording Access

to
and the
of Penalties.
Part XXV.
"
to
for
Part
SpecialOrdinance. XXVI. Change

"
of Name
of
Company.
PART
I.
Provisions.
Introductory
4. This
shall
Ordinance,
to
apply
commencement
far as the same be applicable so thereto, Applicationof may the Ordinance. the either before after or incorporated company, every ance obtain a Special Ordinof this Ordinance, which may
so
or
Ordinance
this Ordinance, save incorporating be expressly varied may
far
the provisions of this as excepted by such Special
Ordinance. 5.
Any portion of
with Part any of this the
the
of provisions
this Ordinance
may
be
rated incorpoPartial
other
Part Part
any to
Ordinance, and for the purpose of incorporatingincorporation of tlie in any other Ordinance, it shall be sufficient Ordinance Ordinance
of this Ordinance
as so
enact
that
such (describing with
it is hereinbefore
proposed to be incorporated with other Ordinance. shall be incorpodescribed) rated
such
Ordinance,
this Ordinance this Ordinance,
or
6.
the
Whenever
or
any
Part
thereof,or
the
far
of provisions
is
with incorporated
as
any portion of ance, any other Ordinof the may
Effect the
of incorporation of
this Ordinance,
the
so
Part
thereof, or
Ordinance
portion
the
one
Ordinance.
visions pro-
of this Ordinance
so incorporated,
same
be
thereto,and applicable
the
other
shall form
Ordinance,
518
No.
4.]
so
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1877.
save
or
far
as
the
excepted by
shall
the be
so
of this Ordinance be expressly varied provisions may the of other and such other Ordinance, provisions
Ordinance
construed
as
if the
were
substance
of
the
provisionsof
this Ordinance
incorporated
set
forth therein.
PART Distribution
Division shares. of
op
II.
of
Capital
Company
into
Shares.
into capital
shall be divided into shares of the of the company capital such and be numbered and shares shall number in amount prescribed ; with number and such arithmetical one beginning ; progression, every share shall be distinguished by its appropriate number.
7.
The
Shares estate.
to be
personal
be
and shall 8. All shares in the undertaking shall be personal estate and transmissible movable and considered as as such, property,
not
shall
be
of the
nature
of real estate
or
immovable
property.
or
Shareholders. to
9.
the share
Every
in the
of capital
who has subscribed person has the or company, and whose

name
the
sum prescribed
upwards
to
a
otherwise
has been shall
become entered
on a
entitled the
company, hereinafter of shareholders of the Register of

Shareholders.
register
mentioned,
be
deemed
shareholder
company, The shall in such

names
company Shareholders," and from time

to
10.
keep
book
book shall
to
be
called
be
and fairly
"Register of entered, distinctly

the
names
the
time, the
of the
of the persons, of shares
several
and corporations, in the such
tind additions
several
entitled to shares
which share shares shall be
to togetherwith the number each entitled, distinguishing respectively of the subscriptions amount paid on such
comjaany, shareholders are
by
its
number,
the
surnames
and
the
or
; and
corporate
order the
; and
names
of the
said shareholders
shall be
such
first
book
authenticated sucli
at
placed in alphabetical seal of by the common

shall take
company place at the of the
thereto,and being ordinary meeting, or

affixed
authentication
next
the
at
company,
and
so
from
time
to
time
each
subsequent meeting, ordinarymeeting of
the company.
Shareholders'
Address Book.
11.
shall which the of
(1.) In addition provide a book, to

"
to the said
the of shareholders, register

"
company
be
called
the
Shareholders' time
enter
Address in
Book,"
in
placesof business of the several shareholders of the several and the surnames being corporations, company, their respectivechristian other places of shareholders, with names, the same be known to the far as so abode, and descriptions, may
the company.
secretary and corporate names
the
shall from
time
to
order alphabetical
(2.)Every shareholder,
the clerk
or
or, if such
shareholder
is
corporation,
times at all convenient corporation, may such book without charge,and may require a copy thereof or of peruse hundred words for every so required to be part thereof ; and any demand n(')t exceeding twenty-five sum a copied,the company may
agent
of
such
cents.
Issue share. of of
cause a
12.
"
(1.) On
demand of the
certificate
certificate
shall of any share, the company delivered of such be to share to proprietorship of the holder
A.D.
1877.]
COMPANIES'
CLAUSES
AND
POWERS.
[No.
4.
r)19
such
and such certificate shall have the common seal of the sliareholder, affixed and such certificate shall the share in thereto, sj)eeify company such the undertaking to which shareholder is entitled, and the same be according to the Form No. 1 contained in the Schedule mav to this Ordinance
or
Schedule:
*'orm No. 1.
to tli(!like effect.
not
then
(2.) For every such certificate the amount, exceeding the prescribed not a sum exceeding one dollai\
company
or, if
no
may
amount
demand
is
any
sum
prescribed,
in all Courts as /?rmf? Use of 13. Any such certificate shall be admitted of the title of such facie evidence shareholder, his heirs, executors, certificate ^"^"'^'i^^"the share therein to administrators, successors, or assigns, specified ; of such certificate shall not but, nevertheless,the want prevent the holder of any
"
as
share
from
disposingthereof.
certificate
at
some
14.
the
same
(1.)If any such being produced

the
shall and
same
is
worn
out
or
damaged, then, upon
Renewal
of
order may certificate certificate
to
be
to
be of
given
the
the directors meeting of the directors, and another similar cancelled, thereupon the property of such the party in whom
therein is lost mentioned
or
certificate.
share
may similar
so
at
the
time
be
vested,
thereof
or
if such
certificate
destroyed,then, upon
certificate
or
proof
shall be and
to the to
satisfaction
of the
to
a directors,
given
the
case
party entitled
a
the the
certificate substituted
lost
destroyed ;
in either
due
entry
the such
of
certificate
shall be made
the
by
the
secretary in
every
any
sum
(2.) For
ma}'
amount
registerof shareholders. certificate so given or exchanged

not
demand
is
exceeding
a sum
then prescribed,
not
prescribedamount, exceeding one dollar.
the
company or, if
no
PART Transfer
or
III.
of
Transmission
Shares.
or
15."
(1.)Subject
Special Ordinance
Regulations in this Ordinance sell and contained, every shareholder may

to
the
in
the
General
right
transfer
to transfer and sliares, mode of transfer.
all or any of his shares in interest in the capitalstock
the
of
undertaking,or
the
compan}^, in
all
case
or
any such
part of his
shares are,
into
under
stock.
the
provisions
such
hereinafter
contained, consolidated
capital
in which may be
Schedule
Form No.
:
(2.)Every
the
transfer be
shall be
2 contained
by
written
instrument instrument
to
consideration
the
shall Form
truly stated,and
such
according to
or
No.
in the Schedule
this
ance Ordin-
2.
to
the like effect. instrument thereof

of transfer be
a
16.
enter
"
(1.) An
to
(when duly executed) shall

and the the
be
Register of
Transfers.
delivered
a
the
secretary, and
in
kept by him,
book
to
on
secretary
"
shall
memorial
be
called
Transfers," and shall endorse and shall,on demand, deliver
such
a new
entry
the instrument
to
Register of of transfer,
and the
not
certificate
the
purchaser.
endorsement
(2.) For
every
such
entry, together with

may if
no
such
not
the certificate, company prescribed amount, or,
demand
amount
any then is prescribed,
sum
exceeding
a
sum
exceeding one (3.) On

of such
dollar. the
request of the purchaser of any

shall be made
on
shai'e, an
of such
endorsement
transfer
the
certificate
share, instead
520
No.
of
4.]
a
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
new
certificate
being granted,
be
and
such in
endorsement, being signed

respect the
been
so same
as a
by
new
the
secretary,shall
such
as
considered
of vendor may be
every has
certificate.
(4.) Until
the
to
instrument
transfer of the be
delivered
to
secretar}^
the company
the aforesaid, for any
share made
shall continue upon such
liable
calls that
not
share, and
any share of
the the
Restriction
on
purchaserof the share shall of the undertaking or profits

17.
No
entitled to receive
in respect of
to
to
vote
such share
share.
after any held
shareholder
made
shall be entitled
transfer
any
right of
call has until he
been has
transfer.
paid
in respect thereof,until he has all calls for the time being due
paid such
on
nor call,
every
share
by
Closing
transfer of books.
him. 18.
lawful for the directors to close the register of then period, prescribed period is prescribed, or, if no for a period not exceeding fourteen days, previous to each ordinary of the same, of which meeting, and they may fix a day for the closing in some seven days'notice shall be given by advertisement newspaper
"
(1.) It
shall be
transfers
for the
as
hereinafter
mentioned. transfer
as shall,
(2.)Any
are so
made
during
the
the time
company
when and
as
the transfer
books
closed
betwêen
under
to
the
same
but not
otherwise, be considered
the party claiming made subsequently
such
ordinarymeeting. (1.) If
of has
or
Authentica-
tion of transmission
of share wise otherthan transfer.
19.
"
the the
interest
in
or
any
share
has
or
become
transmitted
in
consequence
death,
become
affected
by
shareholder,or
to
the
shall
by any other of this or provisions be authenticated by an

manner
as
any of the marriage of any in consequence than lawful means by a transfer according
bankruptcy,
insolvencyof
holder, share-
the
Special Ordinance,
as
such
transmission
or
affidavit
hereinafter
mentioned,
in
in
such
other
the
directors may
shall state any
or
require.
the
manner
(2.)Every
party
any the
or
such such
affidavit
which, and
been
so
the
to
whom,
and
share
interest
thereon
some
has
mitted, trans-
shall
be made
to
and
signed by
person of
authorized
administer
oaths
to
before credible person affidavits ; and such he

to
affidavit shall he left with

name
the secretary, and
thereupon
shall enter such
to
an
such transmission entitled under the person interest therein in the registerof shareholders. may
amount
share
(3.) For every such entry the company amount, and, if no exceedingthe prescribed not a sum exceeding one dollar. of such (4.)Until such transmission
therein
has
demand is
any
sum
not
then prescribed,
of such virtue interest thereof
share
or
been
in
so
authenticated, no
any any such of share share share
shall be entitled to receive

or
person of the
as
claiming by
of profits
the undertaking
to
vote
respect of
the holder
of
thereof. therein
is
Proof
of
20.
virtue
If the transmission of the
or
any
interest
by
transmission
by marriage,
will,etc.
marriage of a shareholder,the said affidavit shall contain of the of the a register of such marriage or other particulars copy of the parties celebration ; and thereof,and shall declare the identity has taken if such transmission place by virtue of any testamentary instrument or intestacy,the office copy of the will, or the probateof l)y
the will, or
the letters of administration
(where such
fact of
letters have
been
that
affidavit proving the an or obtained), the relationship is such of the parties
such
intestacy and
has
that the transmission
taken
A.D.
1877.]
COMPANIES'
CLAUSES the
AND
POWERS.
[No.
4.
521
of law, as placeby operation such such shall
first-mentioned
atHdavit make
an or
affidavit be
of the
case shall, require, may togetherwith produced to the secretary; and, upon
affidavits in any
of
the
or
cases
entry
affidavit
affidavits in
the secretary aforesaid, the registerof
transfers.
21.
"
The (1.)
company
shall not
be
bound
to
see
to
the execution
of of
Relation
of
trust, whether any the said shares may
(2.)The
in
to or constructive, express, implied, be subject. of the party in whose name receipt any such
which
share
any
*t trusP^ff
ing Bhares.
stands
of
more
the
books
of
the
company, of receipt from time

or
or,
one
if it stands of the time

sum
in
the
name
than parties
of
one, the
partiesnamed
a
in the
register
shareholders,shall
for any such
to
be
sufficient money to which
company
of
dividend
other
of
dischargeto the payable in respect

such share
then
such
be
share, notwithstandingany and whether or not subject,

; and
trusts
the
trusts
the
company
shall not such
company be bound
has
to
see
had
to
may notice of
the
cation appli-
of the
money
paid u^Don
receipt.
PART Payment
of
IV. Means
of
Subscriptions
and OF
Enforcing
Payment
Calls. have subscribed

any
22.
the
The
several
shall pay or undertaking, legalrepresentatives respectively, the sums such so subscribed, or respectively portionsthereof as may from time be called for by the company, to time times and at such be the with as places and, appointedby respect to the may company, in this Ordinance in the contained for Ordinance provisions or Special the of the word Shareholder shall extend enforcing calls, payments to and include the legal of such shareholder. representatives
" "
persons their
who
money
towards
Payment
of
subscription
for.
make
shall be lawful for the company from time to time to calls of money the in shareholders respective respect upon of the amount of capitalrespectively subscribed or owing by them,
"
23.
(1.)It
Power '^^^"
such
to "=^11^-
think it may as least is given of
each
fit,provided and call,

that any, does not
that that
twenty-one
no
days'
made
at
notice
at
the
call
are
exceeds
the
amount
prescribed
the of
amount,
made
calls
at
if any,
and
successive
calls
not
less than
prescribed interval, if
in any
one
and
that
the the
aggregate
to
calls
year
exceed
prescribed amount,
pay
(2.)Every
so
shareholder
shall be liable
the
amount
if any. of the
made,
in
respect of the shares held
the times
and
placesfrom
or
time
to
time
by him, to the persons and appointedby the company.

for Liability
day appointed for payment, any shareholder of any call to which he is liable, not pay amount then such shareholder shall be liable to pay the for interest at the same rate allowed by law from the day appointed for the payment thereof to the
on
24.
If, before
the
does
the
'"*''''?^*
""
time
of the
actual
payment.
lawful for the if it thinks company, advance to the same willing
to fit,
25.
from
It shall be
any
receive
or
of the
shareholders due upon upon
all
Power to ^^'^^^ interest of
any
part of the moneys
their
the
called for,and actually

VOL. I.
shares beyond the sums respective so paid in advance, principal moneys
subscription
call.
before
36
522
No.
4].
so
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1877.
or
much
thei'eof made the
as
from the
calls then be
upon
made,
sum
legalrate
such
Enforcement of calls actiou.
company of interest
of the exceed the amount time may of which such advance in shares, respect may may pay interest at such rate, not exceedingthe time
to
for and
the
time
being,
may the the such
as
the
shareholder upon. for the
paying
in advance the time
the company
agree
26.
by
any be lawful
If, at call, any

for
appointedby
fails
to
sue
company
amount
shareholder
pay
of such for
payment of it shall call,

the
amount to
the
thereof in any
recover
to company Court of Justice
shareholder
navmg
the
was
same,
with
lawful
competent from the interest
and jurisdiction,
day
on
which
such
call
Particulars in action call. for
payable.
Ill any action
to
or
the company against for be any money any call,it shall not any shall forth the but it be for sufficient set to matter, special necessary that the defendant of one is the holder share to aver the company or the number of shares), and is indebted in the company more (stating
27.
suit
to
be
brought by
due
shareholder
recover
to
the
amount
in the sum of money company call or more in respect of one and

amount
to
which
one
the
calls in
or
arrear
may
the
number
to
upon of eacii of such calls), whereby virtue of this and any such
at
share
more
an
(stating
action has
accrued
Matters to be in call. for
the company
the trial
or
by
the share and
the
Special Ordinance.
or
28.
On
hearing of
or more
action
suit, it shall
be
proved
action
sufficient to prove the holder of was call this

wâs or
that
one
defendant,
such notice
the time
of
making
as
such that
call,
such
in the
undertaking,and
given
be necessary such call or shall interest be
in fact the
made,
thereof
is directed
to
by
SpecialOrdinance ; and it shall not the directors who of made the appointment and the whatsoever matter thereupon ; company
be due upon may either that any such it appears call of such that due notice
recover
any entitled
prove other
to
what
such
call,with
the
not
thereon, unless
call exceeds
was
given,
had
not
or
interval
between
to
more
two
successive
calls
or prescribedamount, that the prescribed elapsed,or that calls
amounting
calls in
Proof of 29. proprietorship extract of share.
one
than
had been
the
sum
year
made
the
within
prescribedfor the that period.

secretary of the
total
amount
of
The
productionof
certified evidence
amount
of shareholders,or register the
therefrom
by
prima facie
number and
of such
defendant
being a
of or copy shall be company, shareholder and of the

a
of his shares.
PART
V.
Non-Payment
to
of
Forfeiture
Power declare forfeited of call. to share for
of
Shares fails
for
Calls.
30.
If
any
shareholder
time
pay may
togetherwith
at directors,
the interest,, if any,

after the of such
that
any have
call
payal)leby him,
thereon, the
from in the
accrued months
the do
not.
non-jiayment
any appointed for payment
of two expiration
day
the
call,may
of such
declare may
or
share
so
respect
of which
such
has
call sued
was
and payable forfeited,

amount
whether
company
Proceedings
*'*'^'^" v*^,/^^.
"
for the
call
31.
notice usual
or
Before of such last
declaringany
intention
to
share
tlie forfeited,
or
directors
shall
cause
be left at
transmitted
of jjower
of
placeof
abode
of
the
person
by the post to the appearing by the register
forfeiture.
524
No.
4.]
36.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
and
1877.
Paj'ment of
arrears
before
is made been
sale.
If payment before any
of such share
so
arrears
of
and calls,
to
interest in
to
as
forfeited and
revert
vested the
manner
the
sold,
such
share
shall
party
company whom the
expenses, has
same
belonged before
been
such
in forfeiture,
such
if such
calls had
duly paid.
PART
VI. Surrender Shares.

is declared feited forthe the
Cancellation
Power cancel
and
of
to feited forshare.
37.
Where under
of the company any share of the capital of and in pursuance the provisionswith for
non
respect
the and sell
to
forfeiture forfeiture
of shares
payment
a
of
calls contained in accordance been

are
herein, and
is confirmed and notice
by
meeting
the of
with
said provisions,
the in every share
of the
forfeiture has
given, then
unable
interest
to
such
for
a
case sum
if the
directors of the
arrears
equal to
company calls and
and
in
in respect thereof,the company, at any than after such months notice is two
general meeting
given, may,
due
case
expenses held not
due
less
the
arrears
of
and calls,
interest
and
is not
made
by
the
holder registered
held, resolve
and
that the share, instead the share shall thereupon be cancelled

An
payment of respect thereof, expenses the meeting is of the share before of being sold,shall be cancelled,
in
accordingly.
before person of the arrears
a
Evidence
of
38.
interest time
affidavit made
a sum
by
in
some
credible
to
Justice,
calls,and
cancellation of forfeited share.
stating that
of money
sufficient
and expenses, of the cancellation
due
of the
respect share, be
pay of the
share, could
for the
not, at the
same
obtained
upon
the Stock
or
quoted on quoted on
burgh, Exchange of the City of London, or of the City of Edinof the City of Dublin, if the shares of the company are such shares if not such IStock are and, Exchanges, any could not be Exchange, then that such sum any such Stock be sufficient evidence
obtained, shall
to Liability
of the fact share
so
declared.
39.
holder
Where
thereof
it is
so
resolved
and
that
after interest
paj-ment of
calls in arrear, notwitlistand-
from shall, all
any the
shall be
the in and
cancelled,the
resolution, be
;
passingof
of liability all share
precludedfrom
but
right and
shall not
to
therein
respect thereof
last of
ing cancella-
tion.
the cancellation
of the share and
affect the
the
registered
calls,and
of the
holder
interest
cancellation, or
thereof
Deduction value from due share amount in respect thereof. of
expenses, the
or
due
pay to the company in respect of the
arrears
at to
the
time
power
of
the
company
enforce
payment
by
action
otherwise.
that if the
40.
the
Provided
of
always
company
enforces under
the
the payment
last
of
of forfeited
arrears
and calls, value from

arrears
as
interest and
share
amount
provision,the
if payment before such person re-entered
to
of the the
at the
so
preceding expenses, thereof time of the cancellation

then due
:
shall be deducted
Provided, also,that
expenses, is made
to
of all
whom
on
meeting
it the
and interest and of calls, aforesaid is held, the share

at
shall revert
the be
belonged company's registeraccordingly.

time
the
of
forfeiture, and
shall
Cancellation of forfeited
41.
on
Where any
share, with
any share
.share is declared
remains
forfeited,or
company,
wdiere with
unpaid, the
able payany sum the consent in
K.T".
\S'77.]COMPANIES'
GLAUSES
AND
POWERS.
[No.
the sanction
4. of
consent
525
holder writing of the registered

a
of
the
share
and
with
of
generalmeeting, may immediately thereupon

rights
with
resolve
that share
the
share
shall be
and cancelled,
all liabilities be
the
to
share
shall be
cancelled,and
and
respect
the
shall
thereupon
absolutely
extinguished.
42.
it may The company may from time
to
time
accept, on
which
have
such
not
terms
as
Surrender
of
think
fit, surrenders
of any
shares
been
fully "li^ê.
paid up.
43.
The company for shall
or
not
pay
or
refund
to
any
or
shareholder surrender
any
No ^'^
money
to
of money sum share. 44.

have
as
in
respect of the cancellation
of any
paid for
or
cancellation surrender.
The
company
may
or
from
time
to
time, in lieu of any

new
shares
that
Power
to
been
cancelled the
the
same
surrendered, issue
to
shares
of
such
amounts
j^^ ^j^^^ ^^ celled

or
^^^^
will allow
be of from
on
accordingto
of the
resolution and the may calls
or disposedof convenientlyapportioned ordinary or extraordinarymeeting any
sur-
g^'^^^gg"*^
company, of of payment
on
time any
as
to
time
new
fix the amounts
and
times
such may of
shares, and disposethereof

so
such the
terms
and
conditions
be the
resolved
shares
upon
Provided exceed
the up
new
that
amount new aggregate nominal of the shares in lieu of which amount the aggregate nominal
are
shall not
shares
issued, after
shares
deducting
or
the
amount
actuallypaid
in
respect of the
cancelled
surrendered.
PART Remedies
of
VII. Company
against
Creditors
any execution and
of
Shareholders.
45.
to
"
(I.) If
such
has if there such
been
cannot
issued
againstthe property
sufficient be whereon may
or
Liability
of
effects of the
company,
be found
shareholders
on
execvition
to
levy
of any in the
that upon Court
no
an
against against of the shareholders their shares extent to the respectivelycompanj', of extent then not always shares not paid up : Provided capitalof the company such shall issue execution against any shareholder except paid up.
execution, then
execution
issued
order
of
the
Court
or
in
which
the
action, suit, or
upon motion
other
in open
to
proceedinghas been
after
brought
notice such
made instituted,
sufficient
in
writing
such
to
the
issue
charged ; and, upon accordingly. (2.) For the purpose

and
the
amount
motion,
Court
persons order may
sought
be
to
execution
of ascertainingthe
names
of the sharehold'ors,
be
of
the
capital remaining
be lawful for any
to
to
paid
up
or.
their
shares,it shall respective

execution,
at
all reasonable
times,
such person entitled tf^ any shareinspect the register of holders
without
charge.
of any such
46.
any
sum
If, by
means
execution, -any
theu
'
shareholder
from him
has
paid
the
Right
of share-
of money
shall of the
beyond
forthwith
funds
the amount be
of the
due
in respect of
sum
i^,"cr'êxecu
to
calls, he
7
reimbursed, compatiy.
'such
additional
by
re-imbur
"se
directors out
meut
526
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
PART BORROAVING MoNEY
VIII. COMPANY MORTGAGE the be BOND,
OF
BY
ON
OR
Mode
of
47.
borrow
to
If
the
company
is authorised
or
by
borrowing
money.
the
on mortgage money contained restrictions or
bond,
in of
it shall
to Special Ordinance lawful for it,subject to
the
Special Ordinance,
as
borrow
to
on
mortgage
bond
a
such
sums
by
an
order of
not
generalmeeting
in the
money of the whole
may
from be
time
time,
to
borrowed, borrowed,
calls
on
exceeding
company, the sum
authorized
be the
prescribedby
Special Ordinance,
with the
of the money so and for securing the repayment interest, to mortgage the undertaking, and the future hereinafter in manner to shareholders, or give bonds
mentioned.
Power to re-borrow money
48.
to
If, after having borrowed

borrowed
time
on
any
to
part
of
the
money pays
so
so
authorized
same,
be
paid ofif.
mortgage
for time the is it
; but
or
bond, the
borrow power
a
company
off the
it shall be
so
lawful
to
again
the
amount
paid off,and
not
from
such
of re-borrowing shall
of the off any
to
be
exercised unless the
without money
or
authorityof
so
generalmeeting
in order pay
company,
re-borrowed
existing
mortgage
Evidence of
bond.
49.
from
"
(1.)Where
any its
by
the
Ordinance Special
on
authority for borrowing.
borrowing
or
money
mortgage
or
is restricted the company until a definite bond
portion of
this the
or paid up, or where, by capital has been subscribed of the a general meeting is authority Special Oi'dinance,
required for
such
borrowing, the
certificate
of
Justice
that up,
such and
a
definite portion of the capitalhas been subscribed or of the company copy of the order of a general meeting
paid
authorizing
or
the the of
borrowing
secretary
the
or
of
to
any be a
money,
true
certified shall
by
be
one
of
the
directors of
by
fact
capitalrequired to
copy, be subscribed of the
suflicient
or
evidence
the
paid up,
and
order for Justice

he may
paid up' having been so having borrowing money

of the Books think
scribed subbeen
made.
(2.) On
and of such
production to
other
any
as
evidence
such sufficient,
of the company Justice
shall grant the certificate

Term
and of
on
aforesaid. of the
50.
"
(1.)Every mortgage
shareholders
for
undertaking,
money
one
or
of
the
future
calls
execution
the
securing
mortgage.
shall be Coart
as
passed and executed before to (who is hereby authorized

on
of the
pass
are
mortgages mortgages
are
immovable
property property
by company, Judges of the Supreme the same) in the same manner be requiredby law or may
in the
same manner
borrowed
the
to be
as
passed and executed, and

ôn
or
shall be advertised situate

to be
immovable may be
within
the
County
the
on
of
Demerara
requiredby
law
advertised.
oppose
(2.)Every
of such imiiiova))le sliall have
a
would have a person who such mortgage proposed mortgage, if
right to
were a
mortgage
passing specific
County
in
property of
the
company
situate
witliin
tlie said
rightto
deed. such
opi)Ose
die
passingof such
mortgage
mortgage.
shall be
(3.)The
the mortgage
Schedule Form No.
:
consideration
fo.r such
trulystated
3
(1.)Every
3,
mortgage
the Schedule
to
this Ordinance
No. rijay be in the Form that Provided always :
contained
in this
nothing in
A.D.
1877.]
shall
COMPANIES'
CLAUSES
AND
POWERS.
[No.
4.
527
section
l)e construed
of
to
extend
to
mortgages
the
on
any
immovable specific and all such and and form in the
property mortgages
as are now manner
shall
or
as
be
Company and made, passed,

the
from time
to
within
Colony,
manner
executed
be
in such
same
may if this Ordinance
time had
prescribed l"ylaw been not passed.
portionsof the
shall be entitled to their respectiveRights of mortgagees respective and tolls,sums, premises comprised in such mortgages mortgagees. and of the future calls payable by the shareholders,if comprised tliereadvanced, with interest, according to so in, and to be repaid the sums and by the their several priorities rightsas ascertained and determined 5 1
The
.
said mortgages. 52. the

it should (although mortgage unless shall, expressly so shareholders) No
such
comprise future calls provided, preclude

of the
on
Application
of calls not-
the
withst
from receiving and applying to company made by the company. any calls to be
the purposes
company
mortgage.
53.
may and
"
(1.)Every
bond
No.
for
securing money
in the
borrowed
Schedule
to
by
the company
Form and
of bond
lê in the Form the
4 contained be
this
Ordinance,
rightsof
:
obligees.
Schedule No. 4.
consideration
the
(2.) The
according
be
to
trulystated respectiveobligees in such

shall
amount
therein. bonds
of
the
moneys
secured
or
proportionally, Form thereby,be entitled to

shall the company,
to
paid,out of sums respective

secured, without
of priority
was
tolls in
or
other
property
mentioned
effects of and
the be
such
bonds such bond
thereby
at
intended
reason
date
any of any
one preference,
or
above of
another, by
of
the
the
meeting
without
which any
the
same
authorized, or
any
otherwise
howsoever,
and
preference
over
other
creditor.
of mortgages (1.) A register days secretary, and, within fourteen
54.
"
and
after
bonds
the
shall be
date of any
kept by
such
and date
the
Register of
mortgages
and bonds.
gage mort-
or
bond,
an or
entry,
or
the num])er memorial, specifying
of
secured thereby,and the names bond, and the sums in of the partiesthereto,with their proper additions,shall be made such register. times by be perused at all reasonable (2.) Such register may of the creditor bond of or the or mortgagee shareholders, by any any or by any person interested in any such mortgage or bond, company,
such
mortgage
without
fee
or
reward. entitled
to
55."
from
person.
(1.)Any
to
person
any
such
mortgage
therein
in
or
bond
any
may
Right
mode
and of of
or
time
time
transfer his
rightand by
interest
to
other
transfer
mortgage such
(2.)Every
the consideration
transfer shall be
transfer Demerara of
a
instrument
writing,wherein
Office Registrar's
No. 5 contained
bond.
shall be
such of
truly stated.
shall ])e recorded
and in the
(3.)Every
for the Counties
Essequebo.
may
or
(4.)Every
in the Schedule
transfer
to
bond
be
to
in the
Form
Schedule Form No.
this Oi'dinance
the like effect.
o.
thirtydays after the date of every such transfer, Registration within tliirtydays after of transfer of Colony, or otherwise mortgage the arrival thereof,in the Colony, it shall be produced to the secretary, bond. thereof and thereupon the secretary shall cause an entry or memorial of the the in be original mortgage, made the in case to as manner same
56."
(1.) Within
within
if executed
the
or
528
No.
and the
4.]
after
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1877
such
entry
every
such
transfer shall entitle

or
transferee
to
full benefit of the
originalmortgage
such
bond
(2.) No
money the dollar
party having made

the discharge
transfer
or
in all respects. shall have jiower to make

so
void, release,or
mortgage
bond
transferred
or
any
thereby secured. (3.) For such entry the Company prescribedsum, or, if no sum
; and
may is
demand
sum
not
sum
ing exceedof
manner one
the prescribed,
until
to responsible
shall not be in any enti-y the company the transferee in respect of such mortgage. such of the money
Payment
on
of
57. bond
and,
upon any such mortgage or in such shall be paid mortgage or bond, periodsappointed the several to if no titled parties enperiod is appointed,half-yearly, The interest
borrowed
at the
thereto, and
of the
in
to preference
any
dividends
payable to
fix the
the
holders share-
company. may, if it thinks

so
Repayment
of money borrowed at time fixed.
58.
thereof inserted such
The
repayment
in
company the of in such
proper, shall
period for
the
the
principal money
case
borrowed,
cause
with such the
interest
; and
the
company
or
the
mortgage
deed
bond, and,
upon
period to be expirationof
of interest together with the arrears princijâl sum, gage thereon, shall,on demand, be paid to the party entitled to such mortdeed or bond, and if no other place of payment is inserted in shall be payand interest such mortgage deed or bond, such principal able in this of the company office or place of business at the principal Colony or elsewhere, as the case may require. the period,
Repayment
of money borrowed where time
no
59.
"
(1.) If
of
no
time
is fixed in the
so
repayment
or
the money
at
borrowed,
date of
for the mortgage deed or bond gage the party entitled to the mortat
bond
of
fixed.
of twelve
may, months
the
or expiration
any
time
after
or
the
all
expiration
demand of
arrears
from
the
such
mortgage
bond,
payment
in the
the
principalmoney
six months' company the
interest, upon
like
on
giving
case
thereby secured, with previousnotice for that

may
at
any
time
pay
; and purpose otf the money
giving the like notice. (2.)Every such notice shall be in writing or print, or both, and to the bond if given by a mortgagee creditor,shall be delivered or secretary or left at the principaloffice of the Company in this Colony, or elsewhere, as the case require,and, if given by the company, may bond creditor, shall be given either personally or to such or mortgagee
left at his
to
borrowed
residence,or,
or
if such after
mortgagee
in The
or
bond
creditor
is unknown such The notice
the
directors
cannot
diligent enquiry be
London
as
found,
and
shall be
Gazette
of the If the
given by advertisement Colony, and in some

company
or
Gazette
Official
newspaper
notice time of
hereinafter
intention
same
mentioned.
to
Cesser of
interest notice off
or on
60.
any be
has
given
at
a
its
pay
off
such
expiration of
to pay
mortgage
cease
bond,
at
when
the
paid
oft' by it, then

to
mortgage
bond.
intei-cst shall demand of
be
expirationof such payable on such mortgage

the
notice
or
lawfully may all further
bond, unless, on
or
payment
made
pursuant
the
on
to
such
notice
the company thereafter, the expiration of such

Power in
cases
fails to pay notice of the

arrears
principaland
or
time at any due at interest
such
mortgage
Ijond.
tain cer-
61.
The
mortgagees
the
on
for
to
mortgagees
enforce
the, ])ayinent of and interest; due
to enforce shall be ('in]i()werod company of of interest, or of the ai'i-cars i)riiicipal
such
mortgages,
by
the
appointment
of
receiver,
A.D.
and
the
1877.]
if within has is
COMPANIES'
CLAUSES
AND
POWERS.
[No.
4.
529
mortgage
same
thirtydays after the interest accruing upon any such payment of '" thereof in writing, payable and after demand terestbv not prejudiceto his appointment paid, the mortgagee may, without
become
receiver,
^^ in any Court of competent rightto sue for the interest so in arrear jurisdiction, require the appointment of a receiver, by an application after made hereinafter provided ; and to be if,within six months as thereof instalment the principal or owing upon any such money any thereof in writing, has become payable and after demand mortgage to his the same is not paid,the mortgagee, without prejudice right to of all in with for such arrears interest, sue together principal money, of the Court of a require appointment competent jurisdiction, may any hereinafter to be made as receiver, by an application provided.
for a receiver in the cases aforesaid application of the Judges of the Supreme Court of British it such application, Guiana in its civil jurisdiction ; and, on any shall be lawful for such Judge, by order in writing, after hearing the the whole to receive to appoint some a or competent parties, person
62.
"
(1.)Every
made
to
Application
appoiiitment
of receiver,
shall
be
one
principaland
payment of such interest or such until or case be, until such interest, interest, as may all and interest, as the case with such principal be, together costs, may has or aforesaid, includingthe charges of receiving the tolls or sums part
of the tolls
or
sums
liable to the
the
have
paid. fully such (2.) On appointment being made, all such tolls and sums shall be paid to and of aforesaid received as by, the person so money shall be so much the money to be received to be appointed; and so such interest or to whom to the use of the received or by party money such principal and be, is or are then due, and interest, as the case may whose behalf such receiver has been appointed. on interest, and (3.) After such interest and costs, or such principal,
been
costs, have 63.

At
been
so
the received, times
power the
of such
of
receiver
account
shall of the
cease.
all seasonable
books
of the shall be open to the inspection creditors thereof,with libertyto take

or
mortgagees respective
extracts
company and bond
Right
access
of
by
therefrom, without
fee
mortgagees,
etc., to
books of account.
reward.
and
for the purpose of paying off, Effect of borMoney bori'owed by the company rowing bonds of the company in or mortgages duly applied paying off, monejfar for j)aying off so given or made under the statutory powers of the Company shall, mortgage, etc. and be deemed is so applied, borrowed within not the same as money
64.
in
excess
of such
statutory powers.
PART
IX.
Money
into
Conversion
of
Borrowed
Capital.
65.
otherwise
sum
It shall be lawful
for the company, is authorized

to
if it
thinks
to
fit,unless
the any
it is
power
to
provided by
the company shares the
the
Special Ordinance,
raise
or
additional
raise money
which
borrow,
of
by creating part thereof, new

the
same,
etc.
shares,
by creatingnew or, having borrowed

such but
of the
additional
no
such the
without
interest only a part of shares ; new creating by sum, augmentation of the capital as aforesaid shall take place of a generalmeeting of the company. previousauthority and
instead company continue at to same, to raise part thereof
borrowing
530
No.
of
4.J
The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1877.
new
Character
new
66.
same
so capital as
to
be raised
shares.
be considered
of calls
as
part
of the
of by the creation and shall general capital, with reference shares
shares
shall
the
be
to
subjectto
the
provisions in all
or
respects, whether
of
on
jâyment
the
forfeiture
if it had
been
calls
part of
for such
times such time
of
making
time
to
of calls,or otherwise, non-payment the original capital, the to as except additional and the amount of capital, be lawful for the company from
calls,which
to
it respectively fix
as
shall
it may of any
new
think such
fit.
Right of sliareholders, if existing

shares
a are
67.
If, at
the
time of
by
the
creation of
shares, the
at to for
premium,
shares.
premium or then, unless

sum so
greater actual
raised
shall be
it is otherwise be
augmentation of capital taking place then at a existing shares are than the nominal value value thereof, provided by the Special Ordinance, the
divided
to
subscribe
new
to
into be
shares
of
such
amount
as
convenientlyallow the same shareholders in proportion to

will
; and in the
the
apportioned among existingshares held by

be offered such
to to
the them
then
spectively re-
such
new
shares
shall
the
then
holders share-
aforesaid,and jDroportion
hand of the
offer
sent
shall be
made
by
letter under
to
the
each
or
shareholder
or by post addressed secretary given his address the shareholders' in address to according
or
book,
Dealing with
new
left at his usual The who
last
place of
vest
abode.
in and the
68.
said
may the
; and
new
shares the
shall
same
belong
value which
one
to
the
holders shareto
shares.
accept
time and if any
company the company offer of for in such the

Case of existing shares
not
at
by
the
pay instalments
and
thereof be
the
shareholder
for fails,
may month
fixed
by
after
such
and called new shares, to accept the same pay the instalments to dispose of respect thereof,it shall be lawful for the company in such
manner as
shares company.
it may
deem
most
for
the
advantage
of
69.
the of such
as
Tf,at the
amount,
company
time
are
of
not
such
at
a
shares existing and may the
augmentation premium, then

in such
manner
of such
capitaltaking place,
new
shares
on
may
be
being at
premium.
be issued may think fit.
and
such
terms,
Part
Additional
X.
Capital. before
of
or
Creation
and
new
70.
Where
issue of
commencement
incorporated either any company, of this Ordinance for the purpose
after the
on
carrying
any
ordinary
or new
shares
ordinary
stock.
hereafter passed, undertaking, is authorized l)y any SpecialOrdinance and or sums incorporating this Part, to raise any additional sum by the issue of new ordinary shares,or by the issue of new ordinarystock,
or
(at the option of
the
company) by
with and the
either
of
those of
modes, then
such
to vote
and
the company, such case in every of the votes of the shareholders that
or
the
sanction
proportion
in
stockholders
entitled
behalf
at at
a a
l)yproxy,
as
meeting meeting
be
of of
company,
present, either personally

for the
no
purpose,
may
convened the company specially in Ordinance the and, if prescribed Special of three-fifths of such from the
is
then prescrilx^d,
votes, may,
time
to time
for
proportion the
of raising the additional sum or sums, purpose and issue (according the authority given as
create
extends
to
shares
only, or
to
stock
only,or
to
by such l"oth)
Special Ordinance
new
ordinary
532
No.
4.]
offer any
or
THE
LA shares
new
WS
OF
BRITISH
GUIANA
[A.D.
of
1877.
or
new
or
new
stock
to
unless offered
the
amount
every
new
share be is
at
portionof
sum
stock
be
least the
then prescribed,
at
in prescribed dollars. least fifty

new
would, if so apportioned, so the SpecialOrdinance, and, if no sum
Mode shares
of
76.
under every
stock.
The the such
offer of
hand of
shares
treasurer
or
or
or
new
stock
shall
be
made
by
letter
offering new
or
the
shareholder
to
given to secretary of the company stockholder as aforesaid,or sent by post

to
addressed
known
him
according
book,
or
his
address him
at
in his
the
shareholders'
or
or
stockholders'
address
left for
usual
then
last
abode by letter sent by ; and every such offer made which the letter,in due be considered made the on as day on post shall it is at the be delivered of to place to which ought course delivery,
place of
addressed.
Vesting of
shares
or
new
77. and
or
The
new
shares the
or
of portions
or
new
stock
so
offered shall vest
in
stock.
belong
to
shareholders
stockholders
who
accept the
same
their nominees. 78.

If any after
Disposal of
new
shareholder
the offer
or
stockholder
if of
no new
for fails, is
shares stock
to
in
the
Special Ordinance, and,

to
time
or
others
than
month
him
or
shares
prescribed then for one prescribed, or stock, to signify new

the time such have
shareholders.
his acceptance of the same expiration of case, at the
in ever} any part thereof,then and shall be that period,he deemed to

new same
declined thereof
as
the
as
offer
of
such
the
shares may that

or
or
new
stock
or
such
part holder, stockthe
and aforesaid,
be
disposedof by
a
the
company
or
hereinafter from
provided:
absence the company, of the new if
Provided
where
cause
shai'eholder
the time
to
abroad
omits
other
to satisfactory
directors
his
of
to
or
signifywithin
new
aforesaid
acceptance
may,
shares
stock
offered
to
him,
the
the
directors
they think
such
notwithstandingthat
General
to unapproshares stock. power
proper, time has
permit him elapsed.
accept
same,
79.
to
dispose of
new
time
the Subject to the precedingprovisions, and shares stock new dispose of jiqw
on
company at such such
may
from
time such the
times, to
manner
as
priated
and
persons,
such
terms
and
conditions, and
to
in
directors may
think
advantageous
the company.
PART Consolidation
Power solidate
in
o s
XI.
Shares
into
op
Stock.
time
to
to conshares
.
80.
consent
It shall be of
lawful of
for the
the
votes
company
of the
from
time, with
present,
the
held
three-fifths
shareholders
of that the
either
oc
or by proxy, at any general meeting personally due notice for in the Colony or elsewhere, when
company has purpose
been
then the
consolidate or given, to convert the in existing capitalof the

whole
to
all
or
company,
part ot; the shares any and in respect whereof

into
a
money
subscribed
has the
be(;n
paid up,
be
divided
amongst
shareholders
stock, general capital according to their i-espective
interests Right of proprietors of
therein.
fer^same
^^^^
has taken consolidation or place, (1.) After such conversion which Ordinance tho tliis in ^11 tlu! provisionscontained or Spc^cial into shall be divided requireor imply that the capitalof the company numbers fixed amount and distinguished as shares of any shall, to by
81.
"
A.D.
1877.]
of the
COMPANIES'
CLAUSES
AND
POWERS.
converted
[No.
or
4.
533
so
much
capitalas
and
be
may
have
been
so
consolidated of such
the
into stock any
stock, cease
may
of
no
and effect,
the
several
holders
thenceforth
transfer
their
same
inter(!sts respective
manner
therein, or
same
parts of such interests,in the

the
and
subjectto
any
and regulations
of capital
this
be
or
the
provisions might Ordinance. Special

as
or
accordingto
transferred
which under
shares
in the
company
be
the
of provisions
that purpose, of every demand the entry any company may

to
(2.) The kept for
company
shall
cause
an
such
sum
book entry to be made, in some transfer,and for every such

not not
amount,
or, if
no
amount
is shall
a sum prescribed,
exceeding the prescribed exceeding one dollar.

the
names
as
82.
several
The
company
from
time
to
time
cause
of
the
Register
of of
who parties
with
to
the amount entered

in
"
be interested in any such stock may of the interest therein possessed by them book
to
aforesaid, Holders
respectively, Stock.
Consolidated
be
be
kept
to
for
the
the
be the
Register
of Holders
of Consolidated times
and to be called purpose Stock ; and such book shall

'
accessible at all reasonable
the holders
of shares
or
stock in
undertaking.
83. The
several holders of such stock shall be entitled to participate Rights of proprietors of of the company, and profits in the dividends accordingto the amount stock to such such in and interest interests shall in of their respective stock, and dividends
proportionto
the
same
the amount
thereof
confer
on
the holders
thereof respectively
profits.
and privileges would the

have
meetings
other
in the
of the company,
as
advantages,for the' purpose of voting at for the office of director, and for qualification
been but conferred
so
purposes,
by
none
shares of
of
of the capital shall be
company,
that
such
advantages,except
company,
in the dividends and participation of such conferred by any aliquot part
equal amount or pi'ivileges of the profits

amount
of
consolidated such
stock
as
would
not, if
existing
in
shares, have
conferred
or advantages respectively. privileges
84.
of in
All
the
money
or
raised
by .the
loan
or
company,
the
shareholders the and

costs
by
paying
and
Ordinance
all expenses
expenses incident into
by subscriptions Application of capital. first, apjilied, incurred in obtaining the Special in carrying thereto,and, secondly,
otherwise,
shall
whether
be
the purposes
of the company
execution.
PART
Debenture
XII.
Stock.
85.
Where
commencement
incorporated company, any for the purpose of this Ordinance

authorized
create
either
before
of
or
after the
Creation
and
undertaking,is
mortgage
such
case or
by
to
and
any issue
SpecialOrdinance
debenture the of
on any raise money on stock, then and in every
carrying
Jf '^^^
stock,
"^
to
company, SpecialOrdinance, with of the
the
subjectto
the sanction stockholders
restrictions
contained
in
the
such
proportion of
in that
tlie votes
shareholders
and
entitled to vote
or personally
behalf at
at
a
meetings of the company, meeting of the company

in prescribed then of
present, either
convened specially
by
proxy,
as
for the if
no
purpose,
to
may
be
the
Ordinance, and, Special
is prescribed, proportion time time raise all raised

or or
any
three-fifths of such votes, may which for the part of the money
from time
being
it has
is
534
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
issue
1877.
authorized
to
raise, on
amounts
mortgage
and
manner,
by
the
on
creation such
and
at
such such
times,
think the for
same
in
such
terms,
as
subject to
conditions,and
of fit, the time from
to
as
with
to
as
such be
rights and
"
privileges,
Stock,"
the
on
stock
called
Debenture
or
company may instead of and to money which

or
the
amount
the whole
be
being
time
to
owing
created may
by
it may, attach interest
time, have
so
any part of the company to raise power such fixed and fit.
on
mortgage, mortgage,
may which may
and
the
stock
perpetual preferential
the company
think
Priority of
86.
Debenture
Stock, with
the
interest
thereon, shall
all shares transferable and
be
or
charge
of
same
charge of
debenture stock.
the undertaking of the company upon the company, and shall be transmissible and according to the same manner,
other stock of the company, and and shall
priorto
and
stock
in the
regulations
in all other
provisions,as
the
incidents 87.
over
of
personalestate
interest
or on
of moveable
stock any
or
respects have property.

have
or
of Priorit}' charge for interest debenture stock.

on
The
debenture
interest
on
shall shares
of payment priority stock of the shall
all dividends
company,
next
pany com-
whether
the
of
ordinary, preference, interest payable on the mortgages granted before the creation legally
or
guaranteed,and
for the of such time stock
rank
to
being
; but
of the the
holders
to
debenture
stock
shall
not,
as
among
themselves, be
entitled
any
or preference priority.
Power certain
in
cases
for holder debenture stock enforce

to
of
payment
arrears
of
by
appointment
of receiver.
thirtydays after the interest on any such debenture is not of the holders payable,the same paid,any one or more of the debenture stock the sum in or holding,individually collectively, thereof nominal in the Special Ordinance, and if no amount prescribed is prescribed, then a sum sum equal to one-tenth of the aggregate which the Company amount is for the time being authorized to raise of ten stock, or the sum by mortgage, by bond, and by debenture of the thousand last-mentioned is the two sums pounds, whichever smaller in an}' Court the right to sue to sum (without prejudice may of competent for the interest in arrear) jurisdiction requirethe appointment
88.
stock is of
a
If, within
receiver.
Application
for and
appointment
of receiver.
for a receiver shall be made to one application of British Guiana in its civil Supreme Court the Judge may, jurisdiction, and, on any such application, by order in receive the to writing, after hearing the parties, appoint some person
89.^(1.) Every
the
such
of
Judges
of
the
whole of
or
competent part
until all all the
of
the
tolls
of
or
sums
lial)le to
the
on
payment
ture debentolls
the interest
arrears
interest
then
due
the
stock, with
or
costs, includingthe
charges of receivingthe
or
sums,
shall
fvxlly paid. (2.)Up(m such appointment being made, all such tolls be paid to and received so l)ythe person appointed;
so
have
been
sums
and
or
all
to
money
the
use
received
the
shall
be
deemed
so
much
of
several
persons shall
interested distribute
debenture
comes
money in the same
received
by accordingto
without
their
several
priorities.
receiver
(3.)The
among arrear,
rateably and
stock his
to
priority,
is in
a
all the the
proprietors of
so or
whom
interest after
sutlicient
which money thereof in part

or
into
hands,
of
applying
on
towards
satisfaction
the interest
the
mortgages
bonds
of the company.
A.D.
1877.]
(k)
As
soon
COMPANIES'
CLAUSES
of
AND
POWERS.
and
[No.
has been be
the
4.
035
as
the full iunouiit

of
interest
costs
so
received,the
power to account to the company received by him, and to may
tlie receiver
for pay
shall cease, and he shall his acts intromissions ov or

to
bound
sums
over
the
company
any
balance
that
be in his hands.
90.
next
If
the
interest of the time
on
debenture
stock
is in
arrear same
for is
after any
for the for the
days respective
may
a
whereon
the
thirtydays payable,the
jjower with
Right
lecover
to
arrears
holder
to
apply
being thereof apjiointment of

suit
to his (without prejudice the arrears, recover receiver)
actioiroTsiii
costs, by action jurisdiction. 91.

from
"
or
againstthe
shall
to be
company
in any
Court
of competent
(1.)The
to time
company
cause
entries in
a
of
the
debenture
stock for that
Registration of debenture '^*"'^*'-
time
created and
made
registerto lê kept
of the the names and addresses they shall enter from time time entitled to to the corporations persons of the stock debenture amounts to which stock, with the I'espective entitled. they are respectively The registershall be accessil)le for inspectionand perusal at (2.) purpose, several all reasonable times
to
wherein
holder, shareholder, and

of any fee
or
stock eveiy mortgagee, bondholder, debenture stockholder of the company without the payment
charge.
shall
92.
a
The
company
deliver
certificate
stating the
in the
amount
holder of debenture to every of debenture stock held by him

the time
to being applicable
stock
;
Delivery of
certificate to
and
all
regulations or
of shares certificates
provisionsfor
of capital of debenture
or
certifi-
(jebenture
stock,
cates
the company
stock.
mutitis shall,
mutandis,
apply to
93.
of time
or
Nothing
in this
the
SpecialOrdinance
affect before
a
authorizingthe
or
issue any
Mortgages
Montis
not
and
to
debenture
shall in any way legally granted by the company stock
mortgage
the creation
bond of such
or
at
stock,
bond
;
[".^xieof debenture ^^"'^^-
of any power but the holders
the
of
company all such
to
raise
mortgages
on money and bonds
mortgage
continuance thereof respectively, be entitled to and privileges in all respects as they would rights, to if the Special Ordinance authorizingthe issue had not been passed.
shall, during the the same priorities,

have
of
been
entitled stock
debenture
94. present
Debenture
or
stock
at
shall not
entitle the
the
holders
or
thereof
any
to
be
status holder
of of
"^^
vote
any
meeting
of
company,
confer
qualifi-
in all respects, not otherwise cation,but shall, by or under this or the the holders special Ordinance provided for, be considered as entitling and powers to the rights of mortgagees of the undertaking other than the right to require repayment of the principalmoney paid up in
stock!
respect of the debenture 95.

either
or
stock.
stock the
same
in
Money raised by debenture due by paying off money

the
shall company
be
on
applied exclusively
mortgage
be
or
Applicationof
bond
J"""^y
raisc'l
"''^
else for the purposes to which if it were raised on mortgage or
bond
money instead of shall be
would
applicables'tock.'''"
stock.
by
debenture the
Separate and showing how much

debenture gage
or
96.
distinct accounts
money how has much
kept by
for
or
company
of
morton
Keeping
accounts stock,
of of
been
money
received
on
account
stock, bond, or which
and
borrowed
to
it has
power
so
or owing borrow, has been
paid off
536
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1877.
borrowed
on
Ijy debenture
mortgage
Effect of
or
stock bond.
or
raised
thereby, instead
of
being
97.
The
powers
of
borrowing
the money
and
raising money by debenture

stock
or
of shall, to the extent stock, be extinguished.
raised
re-borrowing by by the issue

be
as or
the
of
company debenture
borrowing
powers.
98.
all
Applicationof
Part xii. to
The of provisions stock and preference

as
this Part
to
shall
deemed the
case
to
apply to
may debt
were
gage mort-
funded
debt,
require,in
tioned men-
respect
if
mortgage preference
stock funded and debt.
mortgage
this
stock preference wherever
funded stock
throughout
therein.
Part
debenture
is mentioned
PART General Meetings

of
XIII.
and
Company
by
Exercise
of
Right
op
Voting
Shareholders. of time
Ordinary
general
meetings.
99.
"
(1.)The
within
first
shall be
held
within
generalmeeting of the shareholders the prescribedtime, or, if no

after the
commencement
the
pany com-
is prescribed,
four the
months future if
no
of the
be held
Special
at
Ordinance,
and
general meetings
are
shall
the
of and, prescribedperiods, periods each such other and in stated at or as periods may July, January year, 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 all meetings, whether ordinary meetings," and ordinary or be held the if shall in and, if place, prescribed extraordinary, any, then at some no place to be appointed by the place is prescribed, in the prescribed,
"
months
directors.
Business
at
100.
No
matters,
to
except
be done
such
at
an
as
ordinary
meeting.
SpecialOrdinance
been
are appointed by this ordinarymeeting, shall be
or
the
acted trans-
such at any meeting, unless special notice of such given in the advertisement convening such meeting.
matters
has
Extraordinary
general meetings.
Every general meeting of the shareholders, other than an extraordinary meeting," and ordinary meeting, shall be called an times as be convened the directors such meetings may at such they by
101.
"
may
Business at set
think
fit.
102.
No
meeting extraordinary
notice shall upon be which
shall
enter
upon
any
business
not
extraordinary meetings.
Power
to
forth in the 103.

"
it has been
convened.
to
shareholders
rofjuire extraordinary meeting to

be held.
holders of shareprescribednumber the prescribed amount, or, of shares is not prescribed, the number of share^holders amount were or in the shareholders lawful for be it shall more holdiiig twenty or of the company, one-tenth of the capital hj aggregate not less than writing under their hands, at any time to require the directors to call an extraordinarymeeting of the company. the object of the meeting shall fullyexpress (2.) Such requisition and shall be left at the office of the company, or requiredto be called, left at th(;ir last or usual places of or given to at least three directors,
(1.)It
lawful
for the shares
holding
in
the
aggregate
to
abode.
(3.)Forthwith
upon
the
of receipt
such
the requisition,
directors
A.D.
shall
1877.]
convene
a
COM
FANIES'CLAUSE.'S
AND
POWERS.
[No.
4.
537
after such
and if, for twenty-one days meeting of the shareholders, directors fail call such the to notice, meeting, the prescibed number of shart'holders, such other number of shareholders as or said, aforecall such meeting by giving fourteen as aforesaid, qualified may
days'publicnotice
1 04. Fourteen
thereof.
days' public notice at the least of every general Notice of shall be given by adver- "meeting, ordinaryor extraordinary, the place, tlie day, and the hour of meettisemeiit,which shall specify ing and of notice of or an an meeting, ; extraordinary ordinary every meeting, if any other business than the business hereby or by the Special Ordinance appointedfor ordinarymeetings is to be done thereat,shall for which the meeting is called. the purpose specify meeting,whether (1 ) In order to constitute a general meeting(whetherordinary Quorum there shall be present, either personally or extraordinary) by proxy, general the prescribed is prescribed, then shareholders and, if no quorum (quorum, of the capital in the aggregate not less than one-twentieth holding of the and less than one for every two not being in number company, thousand dollars of such requii'ed five hundred proportionof capital,
"
1 05.
for
or
unless
such
number
would
be
more
than
twenty, in which
of the
case
twenty
the
shareholders company
the
holdingnot
the
one
less than
one-twentieth the time
capitalof
such
shall be
quorum.
(2.) If,within
said quorum
hour
from
no
appointedfor
meeting,
at
is not than the for the
present,
business shall
a
be transacted
the
meeting other the objects of

of
a
meeting
to
of that is one dividend, in case meeting ; but such meeting shall, except in the case the election of directors, hereinafter mentioned, be of declaring die.
at
held
be
adjourned sine
At every general meeting one other of the following or chairman persons of the directors,general as chairman, that is to say, the chairman preside "^^^ ^^^' or, in his absence, the deputy chairman, if any, or, in the absence of the chairman and of the directors of the one deputy chairman, some for that purpose to be chosen by the meeting, or, in the company absence of the chairman and of all the directors, and deputy chairman shareholder to be chosen for that purpose by a majorityof the any shareholders present at such meeting. shall
106.
107. the
"
(I.)The
for
shareholders
of the such which
present at
powers has
any been
general meeting
with
shall
to
Transaction business
proceedin the execution

matters
of the company
respect
and
meeting,
at and
meeting
be
convened,
time
to
those
adjournment.
only. (2.)Every
from
such
meeting may
no
adjourned from
shall he
time any
and journed ad-
place meeting
to
place ; and
other than
business
transacted
at
at
the business
took
left unfinished
the meeting
from
which
At
such any
adjournment
the
place.
108.
vote
general meeting
accordingto prescribed, every
shall be entitled to Votes of every shareholder scale is shareholders. where of scale no and, voting, prescribed
one
shareholder shall have vote ten, and he shall have an additional the first ten shares held by him up to one
vote
vote
for every the
for every share up to five shares beyond and

an
hundred,
be
additional shares
at
:
for every unless
ten
shares
no
held
by
the
him
beyond
shall
first hundred
vote
Provided
always that
he has
shareholder
entitled to
upon
meeting
paid all
calls then
due
the shares
any held
by
him.
VOL. I.
37
538
No.
4.]
109.
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
Mode-
of
(1.)The
votes
may
be
given, either
personallyor
by proxies,
Form
to
voting.
Schedule Forii No.
:
being shareholders authorized by writing according to the in a form contained in the Schedule to this Ordinance, or
'i.
No. 6 the
like
or, if
effect,under
such
the
hand
is
a
of the
shareholder
nominating
such
proxy,
seal. corporation,then under its common be determined shall at general meeting (2.) Every proposition any the of of the votes including parties proxies, present, by majority of the the chairman meeting being entitled to vote not only as a but to have and proxy, a casting vote, if there is an equality principal
shareholder
of votes. Regulations to proxies.
110.
of the
No
person
shall be entitled to has
vote
as
appointingsuch
company
not
within less than
proxy the prescribedperiod,or, if before the such is to be
been
strument the inunless as a proxy transmitted the to secretary

no
twenty-four hours
at
time
period is prescribed, for ajjpointed
holding
Votes of
the If
meeting
several
which
proxy
used.
joint
111.
whose holders be
shareholders.
name
stands
such the sole
persons first in
are
the
of
share
for shall,
entitled to a share, the person jointly of the of shareholders as one register of voting at any meeting, the purpose
on
deemed
thereof, and proprietor

in in
all occasions
the
vote
of be
such
first named
as
shareholder, either
vote
allowed
the
respect of such
holders is
or person share without
by
proxy,
shall
proof of
the
currence con-
of the
other
thereof.
a
Votes
of
a
112.
person
lunatics, etc.
If any shareholder wdiose is estate
lunatic the
or
or idiot,
fatuous of
a
person,
or
under
or
administration
as
curator, such
lunatic, idiot,fatuous
tutor, curator, any shareholder
or or
or
person, person
person
aforesaid
to
other is
a
minor, he may
appointed vote by
vote
manage his guardians be
vote by his may his estate, and if

or
curators,
in person
any
one
of
them, and
e\êry such
may
given
either
V)yproxy.
113.
Whenever in this
votes
or
Evidence
of
the
at
proceeding
having been
carried
Ordinance Special
the consent
is
of any
particularmajority of
to
any
general meeting
by
authoi'ize any
requisite majority.
sliall
only
be
at
proceedingof the company, re([uiredto be proved in

meeting, and,
the chairman if such the that
an
requiredin order such majority particular of a poll being the event

not
demanded
a
such
poll is
to
declaration
by
the
resolution that
demanded, authorizing
such
then sucli of
has pi'oceeding proceedingsof without in favour of

or
been
carried,and
entry
or
eff'ect in the
book
shall be company, proof of the number the

same.
sufficient
authorityfor
of
votes
proportion
proceeding, recorded
against
PART Appointment
Number directors. Increase reduction number directors. of
or
XIV.
Rotation shall be
of
and
Dirkctous.
of
114. 115.
The Where
or
number the
to
of directors
the
number. prescribed
of
to
increase
is authorized company reduce tli(!number of the time

to
by
the
Special Ordinance
due notice
directors, it shall be lawful

of the the directors order of
for the for
from company tliat purpose, to
time
or
in
general meeting, after

tlu^ number
to
increase
reduce any, and
williin
the
prescribedlimits,if
determine
540
No.
4.]
120.
The in
THE
LA
WH
OF
BRITISH
GUIANA
[A.D.
and
1877.
Rotation directois.
of
directors
as
appointed by
or
the
Special Ordinance
elected
to
tinued con-
aforesaid, supply the the to as aforesaid,shall, provision subject retiring of for contained hereinbefore reducing the number increasing or and in the lowing office at the times proportions foldirectors, retire from determined instance to retire being in each by ; the persons
office the directors
places of
those
ballot say,"
among
the
directors, unless
they
otherwise
agree,
that
is to
(1.)At
the of
the
end
of
the
number, and, jjrescribed

such
first year after the first election of directors, if no is prescribed, number one-third be
directors, to
determined
shall
unless
they
the
otherwise
of the is
agree,
(2.) At
no
end
second
determined
themselves, by ballot among go out of office ; number, and, if year, the prescribed
of in the
number
one-half prescribed,
remaining
manner,
number
go
out
of of
such
to be directors,
like
shall
office ; (3.) At the number of
end is
third year, the the remainder prescribed,

of the
number, and, prescribed

of such directors shall
if
no
go
out
(4.) Tn
office ; and each instance
the
places
of in
of
the
retiring directors
shall
at
be
first
suppliedhj an ordinary meeting

if
no
equal number
numl)er have been be
shareholders qualified
; and
the
number, and,
subsequent year the every is prescribed, one-third of the

shall longest irkoffiee, go
out
prescribed
directors, of office,
being those
and
who
their places shall

director
at to
: some so
suppliedin
like manner;
but, neverthe
less, every
or
retiringfrom time, and

out
reference
any the
future
office may be re-elected immediately after such re-election shall, with be considered
as a new
going
by rotation,
director
is
Provided number
number always that,if the prescribed divisible not l^ythree, and the the prescribed, of
as directors,
of directors number
case
of
directors to retire is not

determine what
out
directors
shall in each
as
number of
nearly one-third
number
shall
may
out
be, shall
of
go office in three If any

to
office, so
that
the
whole
go
years.
Filling of
occasional vacancies
121.
cause
director
as a
act
than
that
of
competent inbecomes or dies,or resigns, or disqualified other to be a director by any director, or ceases the remaining going out of office by rotation as aforesaid, think proper such
to
among directors.
some
if they directors, other

so
as a
do
a
so, may
elect in his
place
shareholder elected
so
to duly qualified
he
to
fill up been
any
director elected
long only as
have
the
person
vacancy in whose
holder director ; and the sharein office shall continue
place
if he
he
may
have
been
would
entitled to continue
had
remained
in office.
PART Powers
op
XV.
Powers
IN of
Directors,
ONLY
and
Company,
MeETINO.
and
to
re
EXERCISED
GENERAL
General
powers of
122.
of the
The
affairs of the
directors shall have

of
the and
as
management
superintendence
the
directors. powers
company,
the
company,
except
to
lawfullyexercise all the may such directed to matters are as by they by

a
this
or
SpecialOrdinance
be transacted
generalmeeting
of
A.D.
the
1877.]
company
COMPANIES'
all the powers
CLAUÊ^ be
AND
POWERS.
shall be
[No.
4.
541
but
so
to
exercised
exercised the
in accoi'dance with
and
subjectto
any
to
the
of provisions powers
this and
Special
Ordinance, and
the control and for the purpose,
the
exercise
of all such
regulation of
but not
so as
subject also to convened general meeting specially

invalid such
shall he
render
dii-ectors priorto any
resolution
passed by provided by
that is to
by any act done generalmeeting. Special Ordinance,

the choice
and the and
..
the
123. Except following powers

of the
or
as
otherwise
company,
as
the
say,
tlie
Reservation
of the
removal
P* powers
1)6
to
Gxcrcisccl
directors, except
hereinbefore
were
mentioned,
the increasing only in general

meeting. of the
as
reducingof
their number
authorized
as
by
to
SpecialOrdinance,
to
the choice of auditors,the determination
the remuneration
the
directors, auditors, treasurer,

the amount
as
and
secretary,the determination
on
of money
to be
borrowed
mortgage,
determination
to
the
augmentation
of
a
shall be exercised
only at
and the declaration of dividends, capital, generalmeeting of the company.
PART
XVI.
OP
PROCEEDmOS
AND
LIABILITIES
DIRECTORS.
at
124.
may
"
(1.)The
directors shall
hold
meetings
meet
appoint
placeto proper (2.)At any time any two of the directors may to call a meeting of the directors. In oi'der to constitute a ("3.) meeting of directors present at least the prescribed and, if no quorum quorum,
there shall be present at least one-third
of the directors.
think
for the purpose, and they may from time to time and from
and
times as they adjourn as they place. the secretary require such there is shall be
Meeting
directors.
of
prescribed, by the equal
(4.)All questions at majorityof votes of the

division
to
any
such
meeting
have
shall be determined in
case
directors
present, and,
a
of
an
of votes, the
as
chairman
shall
casting vote, in addition
his vote 125.
one
of the directors. the
"
(1.) At
commencement
directors held
meeting of the directors held after the Ordinance, and at the first meeting of the Special the directors after each annual appointment of directors,
first of the
Election chairman directors of
of of
and, if thought fit,
present
chairman shall
at
such of the
meeting
directors
think
shall for
choose
the
one
of
the
directors such
to
to
act
as
deimty
also,if they
for the the
choose fit,
following year another director

chairman
choice, and
act
as
chairman.
deputy
ceases
chairman
to
same
(2.)If
be
a
chairman
period. or deputy
becomes after
dies,or
or resigns,
otherwise director, or present at the meeting next choose

some
to disqualified
occurrence
the
to
act, the directors shall of such vacancy elected

person
not
as
other
of the directors chairman

or
fillsuch
(3.)Every
aforesaid
shall may
such
deputy
so
vacancy. chairman so
last
continue be
so
in office would
long only as
have been
the
in whose continue if
place he
such
elected
entitled to
death, resignation, removal,
or
had disqualification
happened.
Choosing
occasional of in of
the neither the chairman nor If,at any meeting of the directors, shall choose deputy chairman, if any, is present, the directors present of their number of such meeting. some to be chairman one 1 26.
chairman,
absence
regular
chairman.
542
No.
to to
mittees. com-
4.]
127.
It
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1877.
Power
shall be
lawful
for such
the number
directors of
to
directors
appoint
committees,
within fit, committees
of consisting
directors
prescribedlimits, if any, and of the company behalf to do on respectively any power could the directors which acts relating affairs of the company to the lawfullydo, and which they may from time to time think proper to
the
entrust to
more or appoint one think as they may they may grant to such
them.
committee
meet
Proceedings of
committee.
128.
from the
may
from think
time
to
time, and
for such
at
a
as they place to place,
may
to
purposes the exercise there then

a
of
their
appointment ;
them
proper and no
adjourn may carrying into effect

committee shall
is
present
powers the
to at
entrusted
be all fixed for
except
or,
meeting at which
is
prescribedquorum,
that of
if
no
quorum directors ; and of the members committee
meetings
be
in
purpose the committee

; and
quorum by the
one
prescribed,
of
genei'al body
of the members
any
votes
chairman present shall be apjjointed shall determined

case
all
present, and,
a
of in
an
by a equal division
to
questionsat majority of
his vote
as
meeting
of
the of
of votes, the
a
man chair-
shall have the committee.
casting vote,
addition
member
Exercise power of
of
129.
make
on
The
power
as
which well
as
may
be
granted
of the
making
on
contracts,
of the
"
the power
may
to any directors
such
to
as
committee
contracts
to
make
tracts con-
behalf say,
"
company,
lawfullybe
exercised
follows, that is
behalf company.
of
to
(1.) With
persons,
respect to
would
by
any law be
contract
which,
if made in then
between
by
the parties to
required to be charged therewith,

be such the
contract
on common
writing, and
such of the
private signed
or
committee company
or
the directors may make in writing,either under
behalf
seal of the
or
company
signed
or
by
two
the
members
of
such
committee,
in the
same
any
two
of them,
vary
or
any
of the
same
and directors,
manner
may
discharge
the
(2.) With
persons,
not
respect
would into
to
by
contract which, if made any law be valid,although made
between private by parolonly,and

the directors may
reduced
such
writing,such
on
committee
or
make
contract
behalf
same
of the company
manner
out by parolonly,withvary
or
writing,and
same
in the
may
discharge the
contained
company
; and contracts
(3.) All
shall and
made
in
accordingto
law,
and and shall all other the
the
be
be
effectual
herein provisions binding upon the
their
or
successors,
administrators,as
of any such
cutors, partiesthei'eto,their heirs, exedefault and on case be, any may
in the execution any either other
contract, either
actions
as
V)y the
may
party thereto, such

or
or
suits
or company be brought, same
by
againstthe
been
made
company,
contracts
had
between
might be brought if the privatepersons only.
Piccording of I)roceedingsof
etc company, and effect thereof evidence.
as
,
the as notes, minutes, or copies, (1.) The directors shall cause into entered of all appointments made contracts case or require, may and of the orders and l)ythe directors, proceedings of all meetings of
130.
"
the
company, entered fluly which
and
of
the
to
directors be from
and time
committees
of
directors,
for the
to
be
in books shall be
kept
under
the
to time provided pose, pursuperintendenceof the directors,
A.D.
and
1877.]
every
COMPAXIES'
CLAUSES
AND
POWERS.
[No.
of
4.
543
.such
entry
shall
be
signed by
the
chairman
such
so signed shall be received as evidence in Judges, Justices, and others,without proof of such respective meetings having been duly convened or held, or of the holders, such orders or or proceedings being sharemaking entering persons of connnittee of the or or directors,or members respectively, signature of the chairman, or of the fact of his having been chairman, shall be presumed until the conall of which last-mentioned matters trary is proved.
meeting. (2.) Every
such
entry
all
all Courts, and
before
131.
of
All
acts
done
directors, or
it may
mittee by any meeting of the directors or of a comby any person acting as a director,shall,iKjt-
Validity of
acts
of directors, notwith-
withstanding
defect in the
be
afterwards of any
discovered such
that
or
there persons
was
some
standing
defect
aforesaid,or
valid
to
as a
that
appointment they or any

such
person
of them
been
if every
had
in acting as appointment, be were or was disqualified, as etc. duly appointed and was qualified
directors
be
director.
132.
or
"
) (1.
No
director,by being party

contract
or
to
or
executing
on
of director
any otherwise
other
instrument any of the
behalf
in his city capaof the company,
Exclusion
of
personal
of liability director
on
shall be directors,
or
lawfullyexecuting subjectto be sued or

any person whomsoever
not
powers either prosecuted,

; and to
given
to
the
by collectively,
of
lands
process
the
directors
shall
be
liable
individuallycontract made ])elialf of the bodies, or goods,or corajâuy. execution of any legal
on
other of any contract instrument entered into, or so by reason of any other lawful act done signed,or executed by them or by reason directors. of any of their powers as by them in the execution their heirs, executors, and administrators, shall (2.) The directors, be indemnified of the company for all payments made of the capital out incurred of in respect or liability any acts so done by them, and for all of incur in the execution losses,costs, and damages which they may and the directors for the time of them the powers being granted to ; funds and of the company the company capital apply the existing may for that of such for the purposes indemnity, and may, if necessary if of calls make the remaining unpaid, any. capital purpose,
PART
Appointment
XVII. Auditors
and
Duties
of
133. directed
"
to
shall,
number
at
by the Special Ordinance (1.) Except where be appointed otherwise than by the company, the first ordinary meeting after the commencement
auditors
are
Election tenure
and of offic
tlte comj)any of the
of auditors,and, if no number SpecialOrdinance, elect the prescribed is provided for is prescribed, as two auditors,in like manner of directors ; and, at the first ordinary mcêting of the the election company elect an oftice in each
to
year
thereafter,the
auditor
contained. according to provided,l)eingneither (2.)Every auditor elected as hereinbefore shall continue to he an nor removed, nor disqualified, having resigned, auditor
until another is elected in his stead.
supply the place of the hereinafter the provision
shall in like manner company auditor from then retiring
544
No.
4.]
134.
No
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
nor
1877.
he
Disqualifica-
tion of auditor.
dotation auditors. of
auditor
shall hold
be in any
manner
interested
auditors
any office in in its concerns, determined
the
company,
as a
may
except
shareholder.
135.
One
of the
(to be
of
so
in the agree,
first instance and
by
Ijallot between
themselves, unless
the go out auditor any
they
out
otherwise the of first
afterwards
shall by seniority), each year ; but and re-eligible,
office at
going
office shall
ordinary meeting in be immediately

respect
to
after
such
re-election
a
shall, with
new
the
going
cies Filling vacan-
out
of office If any
by
rotation; be deemed
takes
auditor.
136.
of the vacancy
vacancy
among
current
auditors.
may,
year, then, at if the company
auditors the in the course place among the any general meeting of the company, thinks fit,be supplied by election of the
shareholders.
Failure of for
meeting appointment
of auditor.
respectingthe failure of any ordinary meeting at which directors ought to be chosen shall, mutatis auditor ought mutandis, apply to any ordinary meeting at which an be to appointed.
137.
The
provisionof
this Ordinance
Delivery of
accounts auditors. to
138.
other the
The
directors shall deliver

and
to
the
auditors six the
the
at
or half-yearly
accounts periodical
balance-sheet
at
days
the
least before be
ensuing ordinary meeting produced to the shareholders,as

139.
the
to
which
same
are
required to
hereinafter
provided.
to
Duty
of
It shall be the other the
auditors.
or half-yearly be presentedto
duty of the auditors accounts periodical

shareholders,and
for
to
receive
from
the directors
and
balance-sheet the
same.
required
examine
to
Powers auditors.
of
140.
and
It shall be other
lawful
the
auditors think
a
employ
at
such the
on
ants account-
the company,
accounts
or
as they may persons and they shall either make
proper,
expense
of
specialreport
the
said
shall be
simply comfirm read, togetherwith
and such report or confirmation the same, at the ordinary the report of the directors,
meeting.
PART Accountability Taking of security from

entnuited moneys. with
of
XVIII. Officers
of
Company.
141.
ixioneys,
enters
Before whether
any
control of with the custody or entrusted person other officer of the company, or treasurer, collector, directors shall take sufficient
him
upon for the
the his office, faithful
security
from
execution
of his office. shall from

to
of Liability officer to
account
142.
"
to time, when
when
or
to
required by
directors.
any
(1.)Every officer employed by the company make out and requiredby the directors, that them for a appointed by purpose, person
writing, under
company.
account
time
deliver
true
them,
and
perfect
him
on
account
in
his
hand,
state
of all moneys
received
by
behalf
of the
(2.) Such
purpose such
shall have
how,
and
to
whom,
and
for
what
moneys
account, such officer shall payments ; and every such officer shall pay
pei'soii appear
disposed of, and, together with such and deliver the vouchers receipts for such
been
to
the
directors,
or
to
any may
appointed Ijythem to be owing by him
to
recidve
upon
which all moneys tlie same, of such accounts. the balance
A.D.
143.
in his
1877.]
"
COMPANIES'
CLAUSES
AND
POWERS.
such
[No.
or
4.
545
(1.)If
deliver
any up
such all the
officer
fails to render and
account,
to produce
same
and
vouchers
relating to receipts
thereof when
the
possessionor
he fails being thereunto roquii'cd, to deliver up to the directors, to any them or to jxirson appointed Ijy receive the same, all papers and writings, property, effects, matters, and of this to the execution thingsin his possession or ])Ower relating the SpecialOrdinance, or of any Ordinance or therewith, incorporated or then, on complaint thereof being made belongingto the company, shall summon such to a Justice,such Justice officer to appear before
a
or if,for required,
to pay or power, three days after
the balance
Summarj' remedy against officer failing

to account.
thereunto
Justice
at
time
and
place to
be
set
forth
in
such
summons,
to
answer
such
charge.
his him and
the appearance of such (2.) On officer,or, in was proof that such summons personallyserved upon his last known place of abode, such Justice may hear the matter
in such
a
absence,
or
on
left at
determine
the balance of such that any
owing by
or officer,
and may summary way, officer ; and if it appears, upon in the hands may
adjust
and
declare
either upon
the of such
confession
moneys
him
same
to ;
evidence, or upon of the company are the company, such

if he fails to
a
of inspection
accounts,
officer
or
owing by
Justice the
order
such
and,
to
pay
to
amount,
it shall be
officer to pay the lawful for such
Justice for any
grant
commit
not
thereof,to
term
same by distress, or, in default without bail gaol, there to remain is sooner exceeding three months, unless the same
warrant
levy the
to
the
offender
paid.
144.
or
If any
such
officer refuses to make

to to
out
such
account
in
writing, Punishment
and
officer to deliver
of
produce and deliver thereto,or receipts relating

to
the
Justice any
the
several
vouchers
refusing
.
deliver up
his
property, effects, matters,

to
or
things in
books, papers, writings, documents,up etc. possessionor power ing belong-
such Justice company, lawfullycommit such offender to may there remain to until he has delivered up all the vouchers and prison, if any, in his possession or receipts, to such relating accounts, power,
the
and
has
delivered
and
:
matters,
on
all up if things, any,
books,
in his
writings, property, effects, papers, possession or power belonging to the

director that
or
company behalf
Provided
of
always
company
to
that if any
makes stated oath
other has
person
acting
to
the
he
good
reason
believe,upon
that shall it is the be
grounds
intention for
be
in his
and deposition,
lawful
the
of any such officer as Justice before whom

to issue
believe, aforesaid to abscond, it the complaint is made,

for
no
does
instead of
such
his issuing
a
summons, to
answer
his
arrant
bringing such
executing
officer before
warrant
Justice
the
charge ; but
some
person and
shall
hours, without
lawful
to
keep such bringing him
officer in
custody longer than

Justice;
forty-eight
it shall be
before thinks
at
for the
Justice
before whom
such
his
to
if he dischargesuch officer, to order such or detention, be V)rought before a Justice such officer
officer may be brought either there is no sufficient ground for detained in
officer to be
a
custody, so
of such
as
time
and
place to
the
be named
in such
order, unless
company.
gives bail,to
Justice
the
to
satisfaction
answer
Justice,
of
for his appearance
before such
complaint
the
145.
as
No
such shall
aforesaid
otherwise
officer.
have
proceedingagainst or dealing with any such officer of any remedy which it might deprivethe company such o r officer, against any surety of such against
Sa^^ng
other
of
remedies
against defaulting
officer and
surety.
his
546
No.
4.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
PART Keeping
of
XIX. Right
of
Accounts,
BY
and
Inspection
thereof
Shareholders.
cause or
Keeping
accounts
of
146.
all
sums
The of
directors
shall
full and
true
on
accounts account
or
to
be
kept of
company and of been
generally.
by
the
the
money directors and and
received
matters
or
all persons things for which and
expended employed by
such
sums
of the
under
them,
may
of
money
have
received
Balancing of
books.
disbursed
paid.
shall be
147.
before
(1.)The books of the company and, if no periods, periods are each ordinary meeting.
"
balanced
at
the
at
six prescribed,
days
exact
scribed preleast
(2.) Forthwith
sheet shall be made
on
the
books
being
of
the view
so
balanced,
a
an
balance of the
up,
which
shall
exhibit every
true
statement
and capitalstock, credits, company, such balance arisen

on
property
due
description belonging to
at
the
and
the debts
a
by
the
sheet, and
transactions and
distinct of
company of the in
the date
of
making
has preceding such their of the
or profit
loss which of
the
company
the
course
half-year ;
balance-sheet
shall be shall be
number,
the
and
ordinary meeting previously to each examined or by the directors, any three of or deputy chairman signed by the chairman
balanced, together with
each
such
no
directors
Right of inspection of
Ijooks and accounts by shareholders.
148.
The
books
so
balance-sheet
as
shall,for the aforesaid,

for month six be thereafter,
or
and, if prescribedperiods,
for the
periods are
scribed, pre-
days previous to
place
the the open of
office principal elsewhere

; but
ordinary meeting and for one of the shareholders at the inspection in the Colony or business of the company,
shall
not
shareholders
of
be
entitled the
at
any
time,
such the of
except during books, except in

directors.
Production balance-sheet
at
periods aforesaid,to
virtue
a
demand
of insiDCction
written
order
signed by
three
of
ordinary
meeting.
assembled The directors shall produce to the shareholders at applicableto the period ordinary meeting the said balance-sheet, immediately preceding such meeting, together with the report of the auditors thereon, as hereinbefore provided.
149.
such
A])pointment
of
to enter
150.
such and
"
(1.) The
aforesaid
directors in books
shall
to
i)ook-keeper accounts
etc.
be any
appoint a book-keeper to provided for the purpose,

shareholder
if
to
enter
the every
and
accounts,
shall permit l)Ook-keeper

to
inspect
any
such
l)ooks,
time
take the
copies
of
or
extracts
therefrom, at
reasonable
during
six
no during and, periods are prescribed, periods, prescribed after every ordinarymeeting. days before and one month (2.) If the book-keeper fails to permit any such shareholder to therefrom, during inspectsucli Ijooks,or to take copies of or extracts the periods aforesaid, he shall for every such offence forfeit to such shareholder a sum not exceedingtwenty-fourdollars.
Annual
account
151.
in of
The
to
company
be
shall in every
year
to
cause
an
annual
account
in of
abstract
abstract
prepared and
submitted
the
Governor
and
Court
and receii)tH
expenditure.
sliowing the total receiptsand expenditureof all funds received Policy, and expended l)ythe company levied by virtue of this or the Special for the year ending on Ordinance the thirty-first or day of December
548
No.
4.]
in
to
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
comjiany
all the
respects whatsoever, provided such

laws of this
repugnant
or
Colony
reduced
or
to
the
by-laws be provisionsof
shall copy of
not
this
the
Special Ordinance. (2.)Such by-laws shall

the
common
be
into
and writing, and of

a
have such
affixed thereto
seal of the company,

officer and
servant
by-laws shall be given to every affected thereby. (3.)All such by-laws,before

shall be laid before the alter the
the
into
company
the
same
shall Court of
come
operation,
for their
Governor and the the
and Court
same.
of
Policy
approval,and
thereof, may
Fines breach for of
Governor
or
Policy,before
approving
amend for
157. such
the
It shall be
reasonable company,
by-laws.
by such by-laws to impose company of officers or servants all being penalties persons, upon may offending against such by-laws as the company
lawful for any
one
think
Mitigation of
fit,not
All
exceeding twenty-four dollars by-laws

to
offence. be
so
158.
be before
made whom
by
a
the any
company
shall
framed
the Justice to allow penalties as under by-laws. -^^ sought to be recovered
to
order
part only of such
penalty imposed thereby may penalty to be
paid, if such
Evidence
Justice
thinks
fit
of
by-laws.
productionof a written or printed copy of the by-laws of affixed thereto seal of the company having the common of prosecution shall be sufficient evidence of such by-laws in all cases the person under the same, unless proceeded against can prove that of and Court such by-laws have not been approved by the Governor Policy.
159.
The
the company
PART Settlement
of
XXII.
by
Disputes
Arbitration.
Appointment
of arbitrator when tions quesare
to
be
determined arbitration.
by
disputeauthorized or directed by this or the therewith, to be incorporated by any Ordinance Special Ordinance, in both settled by arbitration has arisen,then, unless concur parties the each the appointment of a on request arbitrator, party, single and his hand, nominate of the other party, shall,by writing under such to whom dispute shall be referred. appoint an arbitrator (2.) After any such appointment has been made, neither party
160.
"
(1.)When
any
or
shall have
nor
shall
the same to revoke power the death of either party the

a
without
the such
consent
of the
other,
operate
as
revocation. any such
(3.) If,for
arisen,
on
space
of
fourteen
days
has
after
dispute has
the
served by one party request in writing to appoint an party arbitrator, such last-mentioned failure the party such fails to appoint such arbitrator, then upon the and himself arbitrator, may an appointed making having I'equest,
and after been the other
party
appoint
in
such
arbitrator
to to
case
act
on
behalf
of
both
the
and parties,
matters
such
are
ar})itrator
dispute;
161.
may and
proceed
in such final.
hear
and
determine
or
which
the award
determination
of such
single
arbitrator Death, etc.,

of arbitrator.
shall be
ar])itrator
(1.) If, before apprtinted by

for
seven
the
matters
so
refei-red
or
are
determined,
any
either
party dies,
act
refuses, or
whom such
arbitrator
to days neglects, was appointed
may
or incapable, arbitrator, the party by as and appoint in nominate
becomes
A.D.
1877.]
COMPANIES'
CLAUSES
AND
POWERS.
and
[No.
4.
549
seven
writingsome days
he
other
after
person notice do
to
act
in his
place;
from the
or
in
purpose,
fails to
so,
the
writing remaining
be
as
other
if,for the space of party for that

arbitrator
may
other
proceed ex parte. (2.)Every arbitrator

the
at
same
so
to
substituted
were
as
aforesaid
shall have
the time
powers of such
and
authorities
his
vested in the former
ai-bitrator
aforesaid. or death, refusal, as disability arbitrators than

one
162.
such
"
(1.)When
and any
more
have the their
been
appointed. Appointment
referred
an
arbitrators nominate
on
shall, before
such
them,
to
they enter appoint,by writing

matters
on
upon under
matters
to
"mi'i'e-
hands,
umpire
decide
which
umpire dies,or refuses,or for seven after such death, refusal,or

his
and if such they may differ, with to act, shall forthdays neglects, neglect,appoint another umpire in such
place and
the
decision
of
every
umpire
on
the
matters
so
referred to him
for
to
shall be
final.
the arbitrators aforesaid, (2.)If, in either of the cases refuse,or, seven days after request cf either party to such arbitration, neglect, appoint an umpire, it shall be lawful for the Governor-in-Council, if the applicationof either on fit, appoint an umpire ; and the decision of
which the The arliitrators arbitrators in differ shall be
or
he
to
on
thinks
party
such
to
such
on
arlîtration,
the matters
umpire
final.
call for the of either
163.
any
or
their umpire may

or
documents he may
examine think
may
the
possession power for determining the necessary or parties their witnesses upon
for that purpose.
the
productionof party which they and questionin dispute,

oath, and
administer
Power
to
to a'|)'tiators
'
etc.
the oath 1 64.

of and
necessary
Ordinance
Except where by this or the Special Ordinance, or by any Costs of incorporatedtherewith, it is otherwise provided, the costs arbitration. trators, to be determined attendingevery such arbitration, by the arbishall be in the
discretion of the arbitrators
or
their
umpire,
as
the
case
may The
be. submission
to any of British
165.
of the
such
arbitration
Supreme Court of either application
Guiana
in its civil
made rule a maybe the on jurisdiction,
Making
mksiou
suhto
of the
parties.
^^jg ^f
Court
PART Giving
of
XXIIT.
Notices.
166. notice, or any writ or other pro- Service of or Any citation, summons, be served requiring to be served upon the company ceeding, by citation,etc, may ^" company, the same being left at or transmitted through the post directed to the office of the company, of its principal where to one or offices, principal there are than to the secretary, more one, or by being given personally there is no or, in case secretary, then by being given to any director of the company. 167.
be served
Any
notice may,
shareholders
unless
by according to the
the
Service the by requiringto be served by the company upon be served to required expressly personally, "u^û^^j same being transmitted through the post directed
on er.
registered address
such
or
other
known
address
of
to
the
or
shareholder,within
period
as
to
admit
of its
being delivered
550
No.
4.J
THE
LAWS
OF
BRITISH
GUIANA:
[A-D.
the
1877.
received if any,
by such shareholder,in due prescribedfor the giving of

be sutlicient it
was so
course
of notice
post, within
;
period,
such
such
and,
in
proving
was
service, it shall
to
prove
that
such
notice
properly
with shall,
to
directed,and
Notice of in
case
that notices
put into
to
the post office. the shareholders
168.
All
to
directed
to
be
given to
are
joint proprietors
of
respect
whichever
shares.
any of the
share said
which persons
persons is named shall be
be given entitled, jointly first in the
registerof
to
holders shareprietors pro-
; and
notice
so
given
sufiicient
notice
all the
of such
Notice
share.
by
169.
All
notices
required by
this
or
the
advertisement.
Ordinance incorporatedtherewith, to be any shall be advertised in the prescribed newspaper,

or prescribed,
SpecialOrdinance, or by given by advertisement

or, to
if be
no
newspaper in published,
is
a
newspaper
Authentica-
prescribed newspaper in the Colony. circulating

summons,
if the
ceases
tion of
170.
the
Every
or
notice, or
company may of the and
other be
such
document
two
mons, sum-
authentication
treasurer
common
etc.
by
the
signed by
and may
directors, or
not
requiring by
be under
or
the
secretary
the
seal of the
print,or
Proof in of debts 171. bankruptc_y, demand
partlyin
If any
company, writing and
company, the same
need be in
writing
in
partlyin
whom
print.
company ])enefit of has any Act claim
or
person
against
the the
or
etc.
becomes
bankrupt, or
company,
takes
for the relief of insolvent

or
debtors,it
in all
any shall be lawful for the
ance Ordin-
treasurer
the
secretary of the
of such of
bankrupt or insolvent,or under or insolvencyagainst such bankrujijt

and
act
proceedings against the estate act or sequestration, any fiat,

insolvent
as
to
represent the
claim
or
pany, com-
in claim
its
or
behalf, in
demand
all of
respects
such
if such
or
demand
not
had
been
the
treasurer
secretary, and
of the
Tender amends execution the of for of
company.
"
in irregularity Ordinance.
(1-) If any person has committed irregularity, trespass, any of this or the Special wrongful proceeding in the execution or Ordinance, or by virtue of any power authoritythereby given, and tender if,before action brought in respect thereof,such person makes of sufficient amends to the party injured,such last-mentioned party
172.
or
other
shall not
recover no
in any
such
action. has Court been
(2.) If
at
such
leave
tender of the
made,
such
it shall action
be
lawful be
for
the
defendant, by
time before issue any of he may sum as money shall be had other in as
to joined,
think
cases
pending, may Office such pay into the Registrar's fit ; and thereupon such proceedings
defendants
are
where
where
allowed
to
pay
money
into the
Office. Registrar's
PART Recovery
of
XXIV.
not specially provided pok
Damages
AND OF
Penalties. any
Ascertainment and of recovery
173.
this
or
"
(I.)In
all
cases
where
or
damages, costs, or
any Ordinance of
damages,
not
etc.,
vided profor.
SpecialOrdinance, directed to be paid,and

the
the
by
are by expenses with, thereincorporated
the method and
ascertaining the
for, such
amount
or case
enforcing
of
payment
be
thereof is not ascertained
provided
determined
amount,
;
in
shall dispute,
by
Justice
and,
A.D.
if the
1877.]
amount
COMPANIES'
ascertained
CLAUSES
is not
AND
POWERS. the
[No.
4.
i51
so
paid by
seven
})arty
amount
liable may
to
pay
the
same,
within distress of
:
be
recovered
Ije
by
the
days goods
uihiw or corni)any after d"Mnanfl,the of the company the same

oi-
other
lia])l(^ as iiai'ty ordered

to
aforesaid
and
the Justice
l)ywhom
issue
liave l)een
paid,on
shall application,
may his warrant
accordingly. (2.)If sufficient goods oi the such damages, costs, or to levy any
the
same
company
cannot
be
found the
whereon
company,
may,
if
the
amount
thereof
of
expenses does
payable by
not
exceed
the
ninety-six
or
dollars
be
recovered
by
distress
;
the but
or
goods
no
of
treasurer
S(^cretaryof the company

shall
and
the
Justice
on afortisaid,
application,
seven
issue his warrant accordingly ; against the goods of such treasurer the previousnotice in writing,stating
such
distress shall issue due

or
secretary unless
so
amount
and
days' demanding
left
payment
thereof,has been given

If
as
so
to
such
treasurer
or secretary,
at his residence.
(3 )
distress
amount
treasurer or secretary pays aforesajd, he may retain a sum paid l)yhim, and all the costs and
such
any money of money expenses
under
such
to
equal
the
to
occasioned
him
his
out of any therel)y, custody or control,or
money
belongingto
sue
he may
coming company for the same. the company
the
into
174.
any expenses,
one
"
Ordinance Justice
of
(1.)In any case where in this or the SpecialOrdinance, or in Method of incorporatedtherewith, any question of compensation, proceeding
charges,
or or
damages
to
summon
is
referred
to
the any
determination
on
or
any
jn
question of
more,
it shall be lawful the
for
either
party,
other
Justice, party to appear
the
applica-compensation tion
before
etc.
a
in such summons. Justice,at a time and placeto be named of such parties, of any (2.) On the appearance or, in the absence of them, on it shall be lawful proof of due service of the summons, for such Justice and such to hear determine question, and for that such to examine of and their witnesses or parties, them, purpose any upon
oath.
(3.)The
such
costs
of every
such
inquiryshall
the amount
be
in
the
discretion
of
Justice,and he shall determine

"
thereof.
of
175.
several
(1.)The Company
offences for which
Ordinance, or by-law of the

or officers,
by
any of
cause
company
shall paper
of the Publication publishthe short particulars penaltyis imposed by this or the Special penalties imposed. Ordinance incorporatedtherewith, or by any other than the shareholders, affecting persons any and of the
amount
shall
servants
the company,
such affixed
on
of
a
every such
such
penalty; and
to particulars to
some
a
be
paintedon
shall
cause
board, or
board
printed upon
to
and
board, and and,

where boards
be
hung
of
up
or
affixed of the
conspicuouspart
any
to
of
the
place
of
business
local
company, shall cause application,
such
be
principal are penalties

in
some
such
affixed
to
conspicuous place in the or penalties are applicable

be renewed
or as
immediate have
same
such neighbourhood and such s reference, particularshall

any
which
often
as
the
or
part thereof
are
or
is obliterated
destroyed. unless (2.)No such penaltyshall be recoverable and kept published in the manner hereinbefore
176.
affixed
as
it has
been
lished pub-
required.
board
or
pullsdown or injuresany the SpecialOrdinance, or of incorporated therewith,for the purpose

any
If
required by
person this
put up
or
Penalty
for
ance by any Ordinpublishing any
defacing board used for publication

of
penalties.
552
No.
4.]
THE
LA
WS
OF
BRITISH
any of the forfeit a sum
GUIANA
[A.D.
1877.
by-law or penalty,or
for every and shall dollars, he shall such
obliterates oifence
letters
not
or
figures thereon,
defray the
expenses
exceedingtwenty-four attendingthe restoration of such
board.
Procedure and
177.
appeal.
Ordinance,
Every penalty or forfeiture imposed by this or the Special or incorporated therewith, or by any by any Oi'dinance
wise otheris not of which recovery for and recovered be sued by summary ceedings proJustice, and the procedure shall be that provided
by-law made in pursuance provided for, may

before
Sec No. See Ordinance 12
a
thereof,the
by
of
1893.
any before
Ordinance
for
the
time
being
the
in
force of
StipendiaryMagistrates
and
shall be
in the exercise
regulating procedure their summary diction, juris-
Ordiv/ince
subject to
in force
iVô. 13
0/1893. for
the
time
being
appeal provided by any Ordinance regulatingappeals from the decisions of
StipendiaryMagistrates.
Effect defect
on
of of form
or nor
178.
of
No
distress Ordinance any
distress.
any shall
by virtue of this or the SpecialOrdinance, incorporatedtherewith,shall be deemed unlawful, be deemed a trespasser, on party making the same
levied
defect
or
account warrant
of of be
any
want
of
form
in
the
summons,
conviction,
shall such
distress,or
a
other
nor proceedingrelatingthereto,
party
or
an
deemed
trespasser ab
initio
on
account
of
any
irregularity
afterwards
action.
committed
by him,
recover
irregularity may
179.
The may,
not
but all persons aggrievedby such defect for the specialdamage in full satisfaction
Applicationof
penalties and
forfeitures.
Justice
imposed
for, award
remainder
where
more
the
such by whom any thereof application one-half thereof the
penalty
is not
to
or
forfeiture
is
otherwise
pi'ovided
the
than
the
informer, and
thereof shall be
No
paid
into
Colony
Chest.
Limitation time for
of
180.
forfeiture Ordinance
making
plaint. com-
before
made
of any shall be liable to the payment penalty or person Ordinance, or of any imposed by virtue of this or the Special cognizable incorporatedtherewith, for any offence made Justice, unless the complaintrespectingsuch offence has been
a
before offence.
Justice
within
six months
next
after
the commission
of
such
Making good of damage in
addition
to
181. whereof
"
(1.)If through
any person has
default account on act, neglect, or any incurred any penalty imposed by this or the
penalty.
incorporatedtherewith, any Special Ordinance, or by any Ordinance been committed has of the the to by such damage property company well such to pay be liable to make he shall as as good damage, person, such penalty. of such damages shall,in case of dispute,be (2.)The amount the party incurring such penalty whom the Justice determined by by
may issue have been
same
convicted, and,
shall be
on
non-payment
and by distress,
of
such
damages
Justice
on
demand, the
levied
such
shall
his warrant
accordingly.
for any officer or agent of the company, detain him to liis assistance, to seize and and
Apprehension
of offender who is
known. un-
182.
all
It .shall be lawful
person this or
persons who
called
may whose
to
by
have
committed
or
the
and
SpecialOrdinance,
name
any of the provisions any offence against with, thereof any Ordinance incorporated
are
and him
residence with
or
unknown
to
such
officer
some
or
or
agent, and
convey
all convenient
Justice, without
any
warrant
other
despatch authority than this
before
the
A.B.
1877.]
COMPANIES'
CLAUSES
AND
POWEIiS.
[No.
4.
553
such Justice shall proceed with all convenient Ordinance ; and Special despatchto the hearingand determiningof the complaint against such
offender. 183.
olFence The Justice
or
before
whom
any
person
or
is
convicted
of
any
Form
of
against this
to
or
the
Ordinance, Special
cause
against any
to
Ordinance drawn
to
co"^'iction.
incorporatedtherewith,
according
the in Form such
may No.
the
conviction in suit
be
up
contained
as
the the
Schedule
this
of
Schedule
ôrmiso.
Ordinance,
the
case.
other
form
will
circumstances
7.
1 84.
or
No
of
vacated
any for
Ordinance
want
of this or the Special Ordinance, proceedingin pursuance shall be therewith, incorporated quashed or of
Want
of form
'"P'"'^''^^ '"S8-
form,
nor
shall
the
of
same
be
removed
into
the
Supreme
Court
otherwise
tlian
by
way
appeal.
Punishment
oath under the 185. Every person who, on any examination upon provisionsof this or the Special Ordinance, or of any Ordinance incorporatedtherewith, wilfullyand corruptly gives false evidence of wilful and corrupt perjury. shall be liable to the penalties
î^^,^^*f"i
e\idence.
PART
Provision
to be made for
XXV.
affording
Access
to
the
Special
Ordinance.
186.
its
"
(1.)The
six months
shall company after the commencement
at
all times, after the of
the
office of business a printed copy principal SpecialOrdinand right ance, other and where like underthe undertaking is a railway,canal, or confined which town of the not to works one or are taking, place, thereof.*' shall also, within in the office of the the space of six months, deposit the works of the company in the several Counties into which Registrar extend of such Ordinance. a printedcopy Special (2.)The Registrar shall receive, and he and the company tively respecshall retain,the said copiesof the SpecialOrdinance, and shall
expirationof SpecialOrdinance, keep in of the Special Ordinance,
Keeping
and
].^^^"^^ ^f
permit
extracts
all persons
interested to inspect the same,

; on
and
make
copies of
or
therefrom
pain, in default
of being liable to forfeit and sum things, exceedingfortyeightdollars. fails to keep or depositas hereinbefore tioned men(3.)If the company shall of of for the said it the Ordinance, Special copies any and also the sum of ninety-six dollars, every such offence forfeit the sum of twenty-four dollars for such day afterwards during which every copy is not so kept or deposited.
not
of any of the said matters pay for every such offence a
and
PART Change
of
XXVI.
Name
of
Company. of any company, of this Ordinance

Conti.." tinuance '^^ powers of
the name by any Special Ordinance commencement either before after the or incorporated
187.
Where
for the in every

VOL.
purpose such
I.
of
case
carrying on
from the
any
undertaking,
of
is
changed,
then
and
-withstandino-
commencement
the
SpecialOrdinance
38
change
name.
of
554
No.
the then
4.]
company
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1877.
by
in
its the
new
name
shall
have its
and
may
exercise
name
vested
company
by
relating to
name
the
if
company
as interpi'eted
by its throughout those Ordinances,

or
original original name

to
and be the
powers all acts and
shall
read
wherever comjâny
or a
of the
occurs,
company,
any
name were
reference of
the
by
its
original original
to
name,
the
its
new
new
the
company
reference
the
company
Continuance of
by
"
name,
substituted.
188.
or
legal
other
proceedings.
before
is then
(1.) No action, suit, process, writ, indictment, information, whether civil or criminal, which, at or immediately proceeding, the commencement of the Special Ordinance, is commenced and of the Company, by its pending, either at the suit or instance
against any
of any
originalname,
suit
or
other
other
instance
company, of
by its original name, impeached or affected for

company
;
nor
corporation or any person, or at the corporation or any person against the shall wise abate, determine, or be other-
or
the
shall
or
summons,
civil pleading,
any criminal
change of the name notice, tender, requisition, warrant, by

reason
of the
writ,
or
other
then deed, contract, agreement, writing,or be made, issued,written, or commenced, be deemed to affected or invalidated,prejudiced, by reason
instrument
or
or
record, process, thereafter to

charged, vacated, disthe company
be of
called by the original undertaking being therein respectively of the name or undertaking. company in any formation action, suit,indictment, in(2.)It shall not be necessary notice, tender, requisition, proceeding, warrant, summons, civil or criminal writ, or other process, or in any record,deed, pleading, that instrument or other or contract, agreement, writing, matter, to aver had been called or known for any period by the original the company of the company, that called or its undertaking had been name or known of the undertaking, within that period by the original name and of that by the Special Ordinance effectingthe change the names the company and its undertaking were changed, and that after the of the Special Ordinance the company had been called commencement known and its undertaking by its new or name by its new name, ; its but it shall be
deemed
true, lawful,and
sufficient
therein
to
aver
the
and its undertaking style and describe the company by its new name, had in the same if the company manner as by its new name, been and called,or known incorporated, originally by its new name, if its undertaking had been called or known as originally by its new
name.
General
189.
the other the
Notwithstanding
before the
the
change
or
of of
the
name
of
the
saving of
etc. rights,
everything
commencement
the
Ordinance vSpecial
or
company, ing effectof any
change done,
had
not
suffered
as
confirmed
as
under
by
virtue
Ordinance
shall be been
valid
if the
SpecialOrdinance
effecting
change
without the all
mentioned and
and before
to
SpecialOrdinance prejudiceto
commenceincnt
and lastpassed ; and the change of name shall l)e accordingly subject respectively everything so done, suffered or confirmed of the last-mentioned
Special Ordinance,
present
such
or
lialjilities, claims, and rights, had future, which, if the change of name
mentioned
to
or
demantls, then
not
consequent
had been not Special Ordinance so on done, suffered, or anytliing tlie
happened and would passed,

confirmed.
of the
last-
])e incident
Saving of
contracts,
etc.
190.
Jeeds
Notwithstanding
instruments,
change
of
the
name
company,
all before
purchases,sales, securities, and
contracts
556
No.
when
4.]
due and
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1877.
the said
capital or interest, assigns,may the amount of capital and l^roceedaccording to law in such case provided to recover in and hy these presents,free of costs and interest secured charges. the to condemn said Judge the said And the appearers requested His Honour of in the payment of the herein aforesaid capital sum Company herein the days and at the time aforesaid,and of the interest aforesaid, on money from aforesaid the day herein aforesaid, until to become at the rate due thereon and [J"'rk/iiirnt'\ fully paid and discharged, fully consenting to such condemnation of annotation (ituiana to make further to autliorize the Registrar of British proper Counties this mortgage in the Eegister of Mortgages remaining in his Office for the and Essequebo in the Colony aforesaid. of Derrerara in the payment the said Company Wherefore His Honour the said Juilge condemns aforesaid of the hereinbeforesaid the day of on capital sum money at the due and of the interest to become thereon and at the time herein aforesaid, from the day herein rate aforesaid aforesaid, until fully paid and discharged, and annotation hereof the as Registrar aforesaid to make hereby authorizes proper requested. who declared to accept of this time And appeared at the same payable
as
herein
aforesaid,
or
of any
part of such
his
heirs,executors,
and representatives
mortgage
and In
to be
satisfied therewith.
the
testimony whereof
partieshave
hereunto
set
have thereunto said appearers to this mortgage, and I, the
affixed the Common
in
the
presence
of
the
said Judge, have the Registrar, on day and
hands, and the Company countersigned the same

their Seal of the year first above
written.
Section
53.
Form
No. Bond.
4.
The
Bond, Number Company. the Special Ordinance^we, By virtue of [herename

of the
sum
"
"
The
Company," in consideration paid by A. B., of

said The
to the
case
of do bind ourselves and

our
pounds
successors
to
us
in hand
unto
sura
the of
A.
B., his executors, pounds.

of the above
administrators, and obligation is such
assigns,
in
the
penal
condition said A.
any
that if the
said
Company
is
shall
pay
(in
on
B., his heirs,executors, administrators, or assigns [at than the Principal Office other place of payment of the Company
intended)']
per cent,
the
day of
with then
in full interest
1
,
the
at the
sum jirinciiJal
of
pounds, together
per annum,
for the
on
same
rate
of
become
pounds
and the
payable half-yearly
the above force.
our
the written
day
of
day of obligation is to
void ; otherwise
to
remain Given
under
Common
Seal, this
day
of
Section
55.
Form
No.
5.
Transfer of Bond.
of of the sum in ( onsideration paid I, A. B., of do hereby transfer to the said O. H., his heirs, me by (J. B., of made executors, administrators, and assigns, a certain Bond, Number to bearing date the Company by "The interest and of for seciiringthe sum 1 if [or, day of within such transfer is hy endorsement, the right, estate,and security]and all my interest in and to the money thereby secured.
to
" ,
In
witness
thereof
have 1
hereunto
set
my
hand
and
seal
this
day of
A.D.
1877.J
WILD
BIRDS.
[No.
6.
557
Form
No.
6.
Section
109.
Proxy.
A. B.,
one
of the
of proprietors
"
The
the
Company
proxy
"
doth
hereby
absence
appoint
to vote
C.
D., of
to be
of the said yl. Ji.,in his
in his name matter relating to the undertaking proposed at the upon any meeting of the proprietorsof 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 the Common
whereof
the said A.
B.
hath
hereunto
set his hand
if a Corporation [or,
1
Seal of the
Corporation]the
day
of
FoKM
No.
7.
Section 183.
Conviction. British Guiana. District. Be it remembered before

me,
that
C.
on
the
day
of
and
1
,
A.
B.
convicted
L., Stipendiary Magistrate lor the the time and place when "jc"ieralhj,(Uid [heredrscrihe the offence the Special Ordinance']. name contrary to the \_here
Given under my hand and
District
where
connnitted']
seal,the day and year first above
written.
OKDINANCE
An
No. the
OF
1877.
of
Ordinance
Birds.
for
Protection
certain
Wild
A.D.
"
1877.
"
"
Ordinance No. 12
of 1885
incorporated.
WHEREAS
of certain Be it therefore
it is wild
expedient to prevent
:
the
unnecessary
destruction
birds
enacted of the
by
the Governor
of
of British
Guiana,
follows
:
"
with
the
advice 1
.
and
This
consent
Court
PoHcy thereof, as
as
Ordinance
may
be
cited
the
Wild
Birds
Protection
Or-
Short
title,
dinance,
2. In
"
1877.
this Ordinance, bird

close and
as
''
"
Interpretation
of terms.
Wild
means :
"
any
bird
in specified
the
Schedules
the first
to
this
Ordinance
"
The
season
means
April period
season
the first
may
rom
day
of
the period between September in each

to
day
of
time
time
be
year, or such other declared to be the close in
the
by Order of provisions
to
of the Governor-in-Council
accordance
with
this Ordinance. contained with
3. Subject
carrion
crows,
the
hei'einafter provisions person who

or
"
respect
to
Penalty
person
or
on
every
ing wound-
killing
l)ir(l
(1.)Knowingly
Schedule
to
wounds
kills any
;
or
wild
bird
in specified has in his
the First
wild P'irst
this Ordinance
or
specifiedin
(2.)Exposes
or
ofi'ers for
sale, or
the
knowingly
this
commencement
possession Schedule.
exports
wild
or
attempts
killed
to
export from
Colony
such
bird
after
any part of any of this Ordinance
558
No.
6.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
shall be
to
a
shall be liable and, being convicted thereof, guiltyof an offence, of dollars wild for each or bird, penalty twenty-four part thereof, the offence is committed. in his
to
in respect of which
Onus
on
of
proof
of
4. Where
any wild
was
charge
unlawful
part of
person any wild bird
is proceededagainst for having in the First Schedule specified
possession
ance, this Ordin-
possession,
etc., of wild
bird.
for exporting or or bird, the proof that wounded

or
attempting
such wild the
to
export any
to
bird limits
which the such
the
part of any such part belonged

or
killed without of this Ordinance it is made of

to to
of
on
Colony
person.
before
the
commencement
shall be
Power Governor
to the to the to
5.
crows
"
(1.) Where
in any for the
to
as
appear
to
are
the Governor
too numerous,
that the carrion it shall be
portion
Governor
the
Colony
number
to
authorize
lawful
to
cause
authorize
the of any
Inspector
General
Inspector
carrion nuisance
crows
General found caused
of Police in that carrion
be may
destroyed such
be necessary
destroy
carrion where
numerous.
crows
district
crows.
abate
by
in districts too
ment (2.)Such authoritymay be given by letter signedby the Governand may be granted from time to time as occasion Secretary, may require. the district or part of the (3.)Every such authority shall specify Colony to which it extends ; and no such authority shall continue in force at any one time for any periodexceeding one month. 6.
cause
Power General
of the under
On
such receiving number
the Inspector General authority,

crows
of Police
may
Inspector
the
of carrion
in the
district
or
part of the Colony

as
authority.
to be reduced, so specified during the periodspecified that may be occasioned nuisance by such carrion crows.
to
abate
any
Penalty
person
on
7.
"
(1.)Every
carrion
not
or
unauthorized
kills any
wounding
crow.
penalty
or
who wounds duly authorized wilfully convicted be liable thereof, being exceeding twenty-four dollars for each carrion crow person
not
crow
or
shall,on
to
a so
carrion killing
wounded
killed.
any person is
(2.) Where
charged with
an
offence
under he
was
this
not
be necessary it shall not that to allege or section, prove duly authorized, and the proof that he was duly authorized the person alleging the same.
shall
be
on
Penalty
person
or
on
8.
Every
Schedule
person
who wounds
"
ing wound-
killing
bird
(1.)Knowingly
to
or
kills any
wild Second
this Ordinance
in specified Schedule
(2.)Exposes or offers for killed duinng the recently

shall be guilty of
to
a an
wild bird specified in during the close season ; or sale, or purchases,any such close season,
the Second
wild
bird
during close
season.
penalty not
offence,and, being convicted exceeding twenty-four dollars

offence is committed. in
shall thereof, for each wild
be liable bird in
respect of which
Exceptions in
certain
cases.
the
9.
shall any the
"
(1.)Notwithstanding anything
be liable bird is
to
tjiis Ordinance,
for bird
was
no or
person
be convicted
can
wild
if he
offence
to alleged
prove have
any that the been
of
offence wild
wounding
killing
committed
at
a
in respect of which killed wounded or

more
for the purpose

miles from
of
food, and jjrocuring
spot distant
than
ten
plantation. any sugar (2.)No Aboriginal Indian shall

this Ordinance,
be liable to
be convicted
of
any
offence under
A.D.
10..
1877.]
WILD
BIRDS.
[No.
6.
559
Notwithstanding anything in this Ordinance, the Governor, by for such time and Secretary, writingsigned hy the Government may, he tliinks authorize such conditions to as fit, to kill subject any person
wild birds,and
wild may also of
so
Power Governor
to
the
to
grant
to
licences
kill wild
authorize 1901
s.
any
person
to
export the skins of
birds, etc.
l)irds.
"
(Amd! 21
may l)ird or
5.)
may be added from declare
to
or
11.
often
names
(1.)The
as
Governor-in-Council birds shall

in either of
time that
to
time, and
the
name
as
Power close
occasion
require,by Order,
the
to Schedules
season.
alter and
or
list of and
of any birds contained
expunged
to
from
the
Schedules in
or
this
Ordinance,
the bird of
or
thereupon,and
read added birds
so
while have
such
Order
as
remains
name
force,this Ordinance
names
name or
shall be birds bird

or so
and
effect
if the
as
of
had
Ijeen
inserted,or
had
not
if the
names
the
to
expunged
mentioned
been Order.
in specified,
the
Schedule the
this Ordinance
in such
(2.) The
hereinbefore
Governor-in-Council declared
to
be
to
the be
in like may close season observed birds

as
manner
alter may close

to
period
what
with
and
the
declare
season
period shall
respect
to
be
the
or
period
to
any
all of the
wild
or specified
be
in specified
the Second 12.

When
Schedule
this Ordinance. is found

Case found of person
offendingagainst this Ordinance, it shall be to require the jjerson so offending to person and placeof abode ; and in case the person give his name, description, or or so gives an placeof a]:)ode, offendingrefuses to give his real name untrue or description, place of abode, he shall be guilty of an name, thereof,shall be liable to a penalty not offence, and, being convicted exceeding twenty-four dollars in addition to any other penalty to
any person lawful for any
offending.
which 13.
on
"
he
is liable under
this Oi'dinance.
under the this
(1.)Every
offence
Ordinance
any
summary Ordinance
conviction, and
for the time
procedure shall
force of
being in
StipendiaryMagistrates (2.)Any offence under l)e inquired of by any may

where
in the
exercise
punishable Procedure be that provided by evidence. procedure before regulating their summary jurisdiction.
committed
on
shall
be
and
this Ordinance
the any
sea
coast
See Ordinances No. 12
be
in
County
may
0/1893
13 of
the accused
person
may
found. this Ordinance, the witness his own on defendant behalf.
(uuJ No. 18!)3.
(3.) In
tender
himself
every and
proceedingunder
be examined
as
a
SCHEDULES.
THE List Black Carrion
Cock
op
"
FIRST Birds
SCHEDULE.
absolutely
Section
3.
Wild
Protected. Bii'd. Dove.
Witch.
Crrass
Campanero. Ca8siqu(!.
of the
(BellBird).
Ground Jacamar.
Hawk. Heron.
Crow. Rock.
Cotinga.
Crane.
Humming
Hutu.
Bird.
Creeper. Egret. Flycatcher.

Gauldiii.
Kingfisher
Kite.
Macaw. INIanakin. Martin.
Goatsucker.
560
No.
6.]
Owl.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1877.
Thrush. Toucan.
Parroquet. Qu'est-ce qu'ildit.

Shrike. Sun Bii-d.
Trogon. Troupial. Woodpecker.

Wren. Vulture.
Sparrow.
Swallow.
Tanager.
Section
8.
THE List
of
SECOND Birds
protected
SCHEDULE.
during
Wild
Close
Season.
ORDINANCE
A.D. 1878.
No. transfer
to
OF
the
1878.
An
Ordinance
Panama the 9th
to
West
India
and
See Ordhiances No. No. No. 1902.
of 1869, 2 of 1870, 6 of 1891,

3 4
ntid No.
of
Telegraph Company, Limited, incorporated on day of January, 1877, the Rights and India granted to the West Privileges heretofore porated incorand Panama Telegraph Company, Limited, the 30th day of July, 18(39. on [18th September, 1878.]
No.
3 of 1869.
No.
2 of 1870.
Telegraph Company's rights and privileges Ocean the International Telegraph Company, were granted to subjectto the terms and conditions tlierein expressed: and Panama India And whereas Telegraph Company, by the West said the subsidy and all the said rights and Limited, Ordinance, 1870, transferred and conditions, were subjectto the said terms privileges, which India Panama and Limited, to the West Telegraph Company, 1869 of the 30th in on was day July, ; incorporated England the said last-mentioned And whereas Company has been dissolved and India West and reconstituted as a new Company called "The Panama Telegraph Company, Limited ; in England the said new And whereas incorporated Company was the 9th day of January, 1877 ; on of the Company And whereas the rightsand privileges incorporated have the 30th on day of July, 1869, secured by the said Ordinances been transferred to the said new Company ; consented to of Policy have whereas And the Governor and Court by the International WHEREAS Ordinance, 1869, subsidy
a
Ocean
and
certain
"
such
transfer ;
A.D.
Be advice
1878.]
it therefore and This
consent
VOLUNTEERS.
[No.
of British
2.
561
enacted
by
the
Governor of
Guiana, with
follows and
:
"
the
of the Court
PoUcy thereof,as
as
1.
Ordinance
maybe
Limited
cited
the
West
India
Panama 1878.
Short
title.
Telegraph Company,
2. The
national Ocean
(Transferof Rights) Ordinance,
and privileges granted to the Intersubsidy and all the rights first hereinbefore Telegrajih Company by the Ordinance India and recited,and made payable and transferred to the West Panama Telegraph Company, Limited, incorporatedon the 30th day of July, 1869, shall be payable and transferred to the said new the 9th day of January, 1877, and called the on Company incorporated West India and Panama Telegraph Company, Limited, subject to tlie and conditions terms as same are expressedin the said Ordinance.
TraiiBfer
of
"Kh*** of
J,(^,^y^^
êw'
(Jompany.
3.
All
to
the
of provisions
the Ordinance
Ocean
first hereinbefore
recited with
Application
^^
DfO
respect the said
the International
new
Telegraph
and Panama
Company
1. "/
shall of
apply
X^ i. "/
to
statutory
Visions y^^^
Company
"
so
incorporated on
India
the
9th
1877,
called
The
West
day January, [^ Telegraph Company, Company.
Limited."
ORDINANCE
An
No. for
OF
1878. and
A.D.
1878.
Ordinance
to
a
provide
the Force
Establishment in British
Ordinance No. 13
of
1894
Regulation of
Volunteer
Guiana.
1878.
the
:
"
s.
(12) incorporated.
3
to the
[5th October,
As
operation of this Ordinance,

see
1) )
it enacted
by
the Governor
Court of
of
British
Guiana,
with follows
advice
Ordinance 12 of 1891 148. title.
and
consent
of the
Policy thereof,as
as
No.
s.
1. This
Ordinance
may
be cited
the
Volunteer
Ordinance, 1878.
Short
Formation
of Corps.
Power to the
to accept the service of (1.) It shall be lawful for the Governor under into a Volunteer this Ordinance to be formed any persons desiring their services to the (xovernor. Corps and offering such On fully lawacceptance, the proposed Corps shall be deemed ("J.) under of this Ordinance the formed as a Corps Colony.
2.
"
,t"service
of
Corps.
of Corps. Officers
3. Corps shall be officered by persons ap(1.)Every Volunteer by the Governor. pointed with the appro\ al of and commissioned pleasure. (2.) Every officer shall hold office during the Governor's
"
Appointment
ofticers.
4.
Officers
of
the
Volunteer
as
Force the
shall of
rank their
with
officers
of
the in
Rank
of officer.
Georgetown Forces. the respective

5.
"
jNIilitia Force
youngest
ranks respective
(1.)Every
and
officer of the volunteer

case
Volunteer
on shall,
as
Force
on shall,
receivinghis
in
Taking
of oath
commission,
roll of his the oath
Corps, or
in the
every in either No.
his enrolment afterwards the

as
the
muster
by
officer and
soon
may
to
be, take
volunteer.
Form
1 contained
in
Schedule
ance. this Ordin-
Schedule Form No.
1.
562
No.
2.]
THE
LA
^Y8
OF
BRITISH
GUIANA
[A.D. 1878.
Governor,
of and
(2.)Every
every
or an
officer shall shall

so
so
take such has
such oath taken
oath before such
before
a
the
volunteer
take who
Justice
the
Peace
officer of the
Corps
oath.
Quitting Corps.
Power to to
volunteer certain
(1.)Any volunteer Corps complying with

"
6.
on
actual service, on quit his except when may, the following Conditions, namely,
"
quit his Corps

on
conditions.
(a.)Giving to the Commanding Officer of his Corps fourteen days'notice in writing of his intention to quit the Corps ; and tear (6.) Delivei'ing up in good order (fair wear only clothing, and appointments, being the excepted) all arms, property of the Colony or of his Corps, issued to him ; and due the or becoming due by him under (('.) Paying all money rules of his Corps, either before or at the time or by reason of his quitting it ;
and
by
the
thereupon he shall be struck out of Commanding Officer. volunteer gives such (2.) If any
refuses
to
the
muster
roll of
the
Corps
notice
and
the
Commanding
the
Officer
strike
him
out
of
the
muster
roll,and
determine
and
volunteer
considers
himself
aggrieved
who
thereby, the
shall hear and
volunteer
may
as a
may the
appeal to a appeal, and
for the witness
thereof administer purposes if it appears to such : and
oaths
Magistratethat
and appointments issued to the volunteer, Colony or of his Corps, have been delivered in good order (fair and that he has paid or is ready to pay tear only excepted), or wear such sufficient compensation for any damage which articles may have due or becoming due by him under the sustained, and that all money rules of his Corps, either before time of his at the or or by reason quitting it,has been paid,such Magistrate may order the Commanding
the Officer forthwith
to
any person the arms, ing, cloththe being property of
examine
strike
such
volunteer be
out
of the
muster
I'ollof
his
Corps, and
his determination
shall
on Ijinding
all persons.
Command
Power Governor
""
of Corps.
are
to the
to
7.
Whenever
any
volunteers
are
on
actual
undergoing inspection,or
Governor officers Volunteer may of may His Force
or
voluntarilydoing
their officers in their senior under
so,
military service, or are any military duty, the

the
Iiiule"
command of officers of the
put
to
them
and
under rank
command
of
the
Majesty'sArmy,
be
so
to every
as
officer of
the
put
shall
command,
own
the Governor
the volunteers
appoint
under
designate ;
command
but
nevertheless, that
put
such
be
led
by
their
officers under
such
command.
Efficiency.
I*ower
(jovernor to
tlie to
8.
order the
course
The
a
Governor volunteer
may
to
from
time
an
to
time
declare what
is
requisite
a
to entitle to
declare
requisitesof
efficiency.
general for that purpose Gazette, defining Ojfjcial of attendance extent at drill to be given by the volunteer, the of instruction to be gone through by him, and the degree of
efficient volunteer be
be deemed
by
publishedin
The
attained to be proficiencyin drill and instruction and such shall be of by an proficiency judged Corps ; otherwise be directed as or by the Governor. may
by him and his InspectingOfficer
564
No.
2.]
or
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
a
1878.
for actual service.
Colony
within
to
the
territorial
waters
of
the
Colony, by
shall and
serve
written
intimation
the
Commanding
Governor
Officer
so
of the
Corps.
out
(2.)Every
assemble
to
as
officer and
volunteer
called
to
be
bound
to
the
directs, and
march
according
orders.
by (3.) If any such officer or volunteer, not being incapacitated infirmityfor military service,refuses or neglects so to assemble, or he shall be liable to a penalty not exceeding two march, or serve, and fortydollars. hundred Discipline.
Discipline
when actual not
on
14.
With
respect
to
to
the
of discipline effect
officers
and
are
volunteers
not
on
the
actual
following
provisionsshall
say,
"
have
while
they
service.
service, that is
(1.)The
from
the
Commanding Corps any

as a
Officer volunteer of
of
Volunteer strike
Corps
him
out
and
discharge may of the muster
for neglectof duty or misconduct for other sufficient cause, or Corps, by and of to be such the existence causes respectively sufficiency charged disThe volunteer Officer. so judged of by the Commanding shall nevertheless be liable to deliver up in good order and and tear only excepted), all arms, clothing, wear ments, appoint(fair being the property of the Colony or of his Corps, issued to due or him, and to pay all money becoming due by him under of at the time the rules of his Corps, either before or or by reason his pleasure and his discharge. The Governor give signify may with directions such respect to such discharge as to him may roll for disobedience him
orders, or
the
member
of
appear
just and
any officer with the
or or
proper
or
; and
(2.)If duty
volunteer, while
under
arms
or
on
march
or
belongs
exercise
or Corps or portion any of such thereof,or while wearing the clothing or accoutrements Corps or Regiment on going to or returning from any place of
any drill
Corps or portion thereof, or

with
such
Administrative while
Regiment
to
which
he
engaged Regiment
in
any
military
exercise
assembly thereof, disobeys any

or
of such
lawful is
or
Corps
order
or
Ri^giment or
any officer the
of
any under
portion
whose in
command connnand
he
then
is
or
guiltyof
misconduct,
officer then
Regiment or of the portionthereof then Corps mand comunder on arms or duty, or any superior officer under whose then is,may order the offender,if the Corps or Regiment the custody of into an oIKcer, into arrest, and, if not an officer, that but to the Corps or volunteer so Regiment, belonging any the offender be not kept in such arrest or custody longer than during the time of the Corps or Regiment or such portion thereof march or or aforesaid then remaining under on duty, or as arms, assembled or continuing engaged in any such military exercise or
of the drill
as
aforesaid.
Discipline
when actual Sec
on
15. and
have
With
respect
when
to
on
the
of discipline
service
officers of the Volunteer the

any
Force
volunteers
actual
following provisionshall
Ordinance offences for the time
service.
Ordinnvce
effect,namely, Ix'ing in force relatingto the Militia the mode of the Militia, and members
shall
all the
of provisions
as
regards
of Volunteer
committed
the and
and procoMlure
Force
by punishments,
apply to
all officers of the
volunteers
A.D.
in all
1878.]
respects as
of
an
VOLUNTEERS.
[No.
Force formed
a or
2.
r)fi5
if
the
to
Volunteer this
part
volunteer
of
the for shall
said
the
Militia, subject only

trial officer
variation Volunteer
that
Force
Court
a
Martial
of
the
be
composed
of officers of the
Volunteer
Force
only.
Rides. 16.
"
(1.)The
may from
officers time
to
and time
the make
volunteers rules of
belongingto
for the
Volunteer of
Making
rules for
of
Corps
management
the
property, finances,and
shall have effect unless
Corps ; but no such rules of pro])ert_v, Commanding Officer of the Corps etc., of Corps. the same the for his approval, transmits and the GoverGovernor to nor's is notified the Officer to of such approval Commanding Corps, to forthwith communicated be by him 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 partlyin pi'int and partly in writing,certified under of the Commanding the hand Officer as a true copy of the rules whereof the Governor's approval lias
and until the been notified
as
civil affairs
the
manageiTient
aforesaid,shall
be
conclusive
evidence
of the rules
of
the
Corps. Money
and
Property of Corps.
subscribed by, or to, or for the use of a Volunteer Vesting of money of Corps or Administrative Regiment, and all effects belonging to any property Corps in such Corps or Regiment lawfullyused by it,not being the property of Commanding belonging to the Corps or Regiment, Officer ex any individual officer or volunteer officio. and the exclusive current right to sue for and recover subscriptions, of and other due the Corps or arrears to subscriptions, money Officer of the Corps or Regiment, shall êst in the Commanding in office, with Regiment for the time being and his successors power 17.
"
(1.)All
for him
and
his
successors
to
sue,
to
make
contracts
and
conveyances,
and
to
do all other
lawful
thereto. thingsrelating
(2.)Any civil or criminal proceeding taken by virtue of this by the Commanding Officer of a Corps or Regiment shall not be discontinued abated or removal from or by his death, resignation, but may be carried on of his successor in office, by and in the name
section office.
Commanding Officer of a Volunteer Corps or Administrative other stores or ammunition, receiving any arms, suppliedat the publicexpense or shall,subject to the approval of by subscription the Governor, appoint a storehouse for the depositing and safe proper keeping of such arms, ammunition, or stores.
Regiment
1 8.
The
Appointment
"^ storehouses ^"^
^^"^^^
belonging or having belonged to a Volunteer Regiment refuses or neglects to pay any money subscribed undertaken or to be paid by him towards any of the funds of such or due or under the rules of such Corps Regiment or expenses Corps and actuallypayable b}^ him, or to pay any fine incurred by him under the rules of such fine shall (without or Corps, such money prejudice to any other remedy) be recoverable from him, with costs,
any person
19.
If
Corps or
Administrative
Recovery of subscriptions
^"'^ ^"^*-
at
any
time
a
within
twelve
months this
after
the is
same
becomes
due
and when
payable,as
penalty under recovered, shall be appliedas or Regiment.
Ordinance
recoverable,and,
of the
part of the general funds
Corps
566
No.
2.]
20.
If any
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Wrongful
etc., of
or Corps property.
sale,
public
designedlymakes away with, sells, pawns, fully wrongdestroys, wrongfullydamages, or negligently loses anything issued to him a to as volunteer, or wrongfully refuses or wrongfullyneglects issued him deliver the to on as a demand, volunteer, anything up, shall be recoverable from value thereof him, with all costs, as a penalty
person
under
offence
this Ordinance of
is recoverable
; and
he
shall
also
for every
such
making away with, selling, pawning, or wrongfully designedly the prosecution of the Commanding be liable, on aforesaid, as destroying tliethingmade Officer of the Corps or Administrative Regiment issuing to or not a with, sold, destroyed, pawned, penalty exceeding away twenty-fourdollars.
"Wrongful
etc., buj-ing,
of arms, etc.
21.
Every
person
who"
(1.)Knowingly
volunteer
or or
buys
or
takes
in
on
(2.) Solicits
assists
or
any person entices any for any
acting
in or jâwn his behalf ;

to
exchange
or
from
any
volunteer in
sell
or
pawn,
or
knowingly
;
or
acts
volunteer
sellingor pawning
(3.) Has
in his
or keeping, without possession
ing accountsatisfactorily
for,
clothingor appointments, Ijeingthe property of the Colony Corps or Administrative Regiment, or any public issued for the use ammunition of any such Corps or Regiment, stores or he shall, the first commission on by him of any such offence,be liable and shall, second to a penalty not a on exceeding twenty-four dollars, and other by him of any such offence, subsequent commission every and on of proceedingas that being convicted thereof in the like course in which penalty is recoverable,be liable to a penalty of not any such and less than twenty-four dollars not exceeding one hundred dollars, with or without imprisonment for any term not exceeding six months,
any
or
arms,
of any
Volunteer
with Obligationon
volunteer
or
without
hard
labour.
22.
within
"
(1.)Every
one
person
ceasingto
serve
in the Volunteer all
Force
shall
ceasing to
serve
to
deliver
property
issued to him.
over propei'ty belonging to any Corps or Administrative Regiment, or providedat the expense of the Colony, which have been be in issued to him or which may may his possession, Officer. to the Commanding of default,every such person shall be guiltyof a misdemeanour, (2.) In case and shall be liable, thereof before a Stipendiary conviction on hard labour, for any Magistrate,to imprisonment, with or without months it shall be lawful for any not term exceeding two ; and search for and seize to StipendiaryMasiistrate to issue his warrant
week
deliver thereafter,
Volunteer
all may Obligation on representative

of deceased volunteer to deliver
such be
property which
found.
is not
so
delivered
over,
wherever
the
same
Force serving in the Volunteer dies, any person the householder in whose heir,executor, or other representative, or h(mse he may of any propert}^ belongingto die,possessed any Volunteer
"
23.
(1.)When
his
Corps
to
or
Administrative
Regiment,
fourteen Officeôf
or
property
issued to him.
at pi'ovided
the
publicexpense,
t(t
.shall be the
})Ound,
within
days
the
after
such
or
death,
deliver all
Commanding
case
Corps
Regiment
up such
property.
(2.)In
or
be
liable,on
of default,every such heir,executor, or other representative, householder, sliall be guiltyof a misdemeanor, and shall thereof conviction before a StipendiaryMagistrate, to a
as
like
punishment
ia
provided
in
the last
preceding section
; and
it
A.D.
1878.]
be lawful in like
manner
VOLUNTEERS.
for any seize all such
[No.
StipendiaryMagistrate to
property.
2.
561
shall
issue
his warrant
to search
and who
24.
Every
or
person
"
Penalty
ncrson
on
coni~
(I.)Wilfully commits
to
-0-4.
any
damage
any
J
lawfully
;
or
used
leave
by J
of for
to any Volunteer
butt
or or
target ])elonging mitting

Administrative of the disturbs "lamage to
^^^^ g^^
Corps
r
Kegiment
(2.) Without
the
the
Commanding
in
or
Officer
Corps
the
or
Regiment, searches forming such butt

shall for every
such
a
bullets
otherwise
soil
or
target,
be
offence
liable, on
Officer,to
penalty not
Miscellaneous
of the prosecution dollars. exceedingtwenty-four the

Provisions.
manding Com-
Exemption
of
25.
in the
"
(1.)Every
shall be
officer
of the
from
Volunteer
Foi'ce
serve
and
volunteer
exempt
to liability
in
efficient every Militia Force any in
officers and volunteers from service in Militia.
Colony. (2.) A certificate
(in
the
Form
No.
as
2 contained circumstances
the
Schedule
Schedule Form No.
to
this Ordinance, with of the Commanding Officer of
such
variations
a
Volunteer
Corps
require) may to the efilect that the Corps and

is
2.
named therein is a volunteer enrolled in that person aforesaid shall evidence be conclusive thereof. as
exempt
26.
Peace
under 27.
trative Corps or AdminisCommanding Officer of any Volunteer Justice of the before or Magistrate Regiment may appear any in the authorized of member writing by any Corps or Regiment the hand of such Commanding Officer. The All
Appearance
of Commanding Officer before
Magistrate.
Procedure and
be sued for and recovered under this Ordinance penalties may appeal. before a StipendiaryMagistrate according to the form of procedure, See Ordinances for the tune and subjectto the appeal,provided by any Ordinances No. 12 of 1893 being in force regulating procedure before StipendiaryMagistrates in and No. 13 of 1893. the and of their the exercise jurisdiction appeals from summary decisions of StipendiaryMagistrates.
SCHEDULE.
FOKMy. Form
Oath Section 1. 5.
No.
and of Officer
Volunteer.
I that will be faithful and bear true I, A. B., do swear allegiance to His the Seventh, and that I will faithfully His Majesty in the serve Majesty King Edward and within the territorial waters thereof for the Colony of British Guiana
defence
of
the
same.
Form
No.
2.
Section
25.
and of Jiflicieney Certificate
Exemption
certifythat
Corps, hereby Corps ; that the said C. D. is efficient volunteer ; and that the said C. 1). so long as he remains enrolled in an in Militia Force to serve the said Corps is therefore liability exempt from any of British Guiana under the provisions of the Volunteer ance, Ordinin the Colonv
C. D.
I, A. B.,
Commanding
is
a
Officer
of the
Volunteer
volunteer
enrolled
in that
1878. Dated this
dav
of
(Signed.)
A.
B.
568
No.
1878.
"
"
3.]
THE
LAWS
OF
BRITISH
GUIANA
.-
[A.D.
1878.
A.D.
"
Ordinances No.
1880, 1886, No. 11 of 1890, No. 13 0/1894 s. 3 (13),

No. 14 of No.
s.
10 of
OKDINANCE
An
No.
OF
1878. amend the Laws
Ordinance
to
consolidate
Health.
and
17 of 1894
relatingto
the
Public
(6),
5 of 1901
No.
s.
[nth January, 1879.]
2,
iVô. 10 No. No.

s.
0/ 1902,
18 o/"1903, 26 of 1903 No. 20

s.
BE
it enacted and
consent
by
of
the Governor the Court

of
of
British
Guiana, with
follows
the
:
"
advice
PoHcy thereof,as
6 and
of
1904,
incorporated.
Short title.
Preliminary.
1
.
This In
"
Ordinance
may
be cited unless any

"
as
the Public
context
Health
Ordinance, 1878.
Interpretation
of terms.
2.
this Ordinance
"
the
otherwise
requires,
"
Person
includes
:
body
of
persons,
whether
corporate
or
unincorporate
"
"
Town Sanitary Authority, Village Authority means and Country Sanitary Authority : Sanitary Authority, under the provimeans sions Sanitary District any district formed
Local
"
of
"
this Ordinance
"
Sanitary purposes
The Central Guiana
"
means
"
"
Board
means
purpose the
of this Ordmance
Central Board
:
of
Health
of
British
"
constituted
any
Officer
includes
person
or
by a Local duty :
"
Authority
"
by employed temporarily or otherwise Board to perform any by the Central

include
:
this Ordinance
Lands
Lot
"
and and
"
premises
"
messuages,
buildings,lands,
for
easements,
"
hereditaments
means
of land
taxation
"
by
"
any
means
any portionof Local Authority : any

cane
land
assessed separately
which there includes
are
Plantation
acres
plantationon
forty
lands
of
land
under
cultivation, and
all
forming part
of such
thereon, which
belong
:
with the buildings and plantation, to the proprietorthereof or are

for the time
erections
occupied
rack word
by
"
him
therewith
"
Owner
rent
means
the
or
on
person his
being receiving the

with
as
of the
lands
premisesin
own
connexion
or
which
or
the
is
used, whether
for any
or
"
account
or
agent
so
:
tive representathe
same
other
person,
rent
who
a
would
receive
if
such
lands
premiseswere
means
let at
rack-rent less than
"Rack-rent
rent
"
which
is not
two-thirds
of
of the let
:
at which
"
the property
any drain
might
one
reasonablybe
lot
same
expected to
two
Drain
means
or
of
of
land
or
lots of for the
land,
purpose
drain
"
of
of
premises within the conveying the water

:
"
curtilage,made
thereon
to
received trenches
"
any
main
or
trench
drains
Main
drain
includes
to
drains the
and word
except
"
which
drain
"
of every description said interpretedas afore-
: applies
Street
"
includes
any
not
highway
:
and
road, lane, footway, square,
court,
also any public bridge, whether or alley, passage,
any
a
thoroughfareor
A.D.
"
1878.]
House persons Tank" of
" "'
PUBLIC
HEALTH.
[No.
3.
569
also includes schools,

are
"
means
in which more than ten buildings employed at one time : for the storage of rainwater, made any receptacle
or
wood, iron, brick,stone,

means
concrete
Reservoir" which is not

"
any tank
as
for receptacle
the
storage of fresh
:
water
hereinbefore
defined
"
Magistrate
This
means
into Parts
as
3.
Ordinance
is divided
follows
:
"
Arrangement
of the Ordinance.
Pakt Part Part Part Part Part Part Part
I.- -Authoi'ities II.

"
for Execution
of the
Ordinance.
Sanitaiy Provisions.
"
III. IV. V.
" "
Local General
Government Provisions.
Provisions.
Rating and
"
VI.
Borrowing Powers. Legal Proceedings.

The Central
VII."
Board.
Provisions.
VIII.
"
Miscellaneous
PART
Authorities
for
I.
of the
Execution
and this
Ordinance.
Sanitary Districts 4.--(l.) For the purposes sist of districts to be called {a.)Town
of
TjocoI Authorities.
Ordinance,
"
the
Colony
shall
con-
Division the into
of
respectively
Colony
Sanitary
Sanitary Districts ; (6.)VillageSanitary Districts ; and {c.)Country Sanitary Districts, (in

this Ordinance referred
to
as
Districts
Town, Village,and
Country
tricts). Dis-
(2.)Such Town, Village,and Country Districts shall respectively of local authorities called Town subjectto the jurisdiction Sanitary Authorities, Village Sanitary Authorities, and Country Sanitary referred Authorities to as Town, Village and (in this Ordinance the in this with mentioned Country Authorities)invested powers
be
Ordinance. 5. The
City
Town
of
Mayor
of such
and
Council
District,and the Georgetown shall be a Town of Georgetown shall be the Town Authority
Georgetown.
District. Town Town such of New Amsterdam of New shall be Amsterdam

a
6.
The
Town
and the District,

be
New f^^"-
Amster-
Mayor Authority of
7. Each
a
and
Council District.
shall
the
Town
be
declared or which hereafter be declared to Villagenow may for the time being Villagewithin the meaning of any Ordinance in force relatingto Villages shall, subject to the provisions hereinafter contained, be a Village District ; and the VillageCouncil of such Village, Village Council, the body of persons having or, if there is no shall be the VillageAuthority in such Village, the power to levy rates
of such District.
villages.
See ôOrdinatice 6
of 1892.
contained, be
hereinafter shall,subjectto the provisions plantation Board shall be the a Country District,and the Central Country Authority of such District.
8.
"
(1.) Each
Plantation,
VOL.
I.
39
570
No.
3.]
(2.) The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
such Central
1878.
Central
Board
shall,with
respect
to
on
each the
District,
possess well as
Board by Central but the I'oard, a as Country Authority ; of a exercising the powers Country Authority, shall not be bound to to be performed l^ya Local act perform any requiredby this Ordinance them to perform, (s.9.) which it to inexpedient Authority appears the powers those
conferred
this Ordinance
of
Power
Council declare
to the
to an\"
9.
"
(1.) Notwithstanding
may from
anything
time
to
hereinbefore
contained,
to
the
Governor-iu-
Governor-in-Council in The
time, by Order
portion of the
Colony
a
tary Sani-
District.
Gazette,declare any portion of the Official the present limits of Georgetown such Order, and not comprised within New or Amsterdam, to be a Town, or Village,or Country District. Authority of such district shall consist of not (2.)The Local
fewer within
published in Colony specified
be
than
three
members,
shall shall
of
whom
one
at
least
shall
be
resident
the limits of such

members who
district.
(3.) The
Central of the
Board,
appointed from time to time by the Chairman to be appoint one of the number
be may
Authority. (4.) The Centiâl

and
of any member the Chairman,
of the
by resolution cancel Authority,and may cancel the to be appoint any other member
Board Board
may
the
appointment
of his in
appointment
Chairman
place. (5.) The

to
or
Central
by (2) of
resolution of this the
in Local
their discretion add
diminish
the number
of members
Authority,subject
(s. 10 amd.
10 of
to
the
provisions of
s.
sub-section
section.
1902,
Provision where officer
2.)
Where the Central shall Board be time
as
10.
direct holder
that of
the Local
any office
public any appointed
Sanitary District
shall, during such
Local 26
the
Authority of in the public

of such such
Local
service, the person

office be
for the
Authority.
time
being performing the duties he performs the

the Central Board
duties of
office,
direct.
such
Authority,
of
unless
otherwise
(S. 11
Incorporation
of Local Authority,
amd.
"
1903,
s.
21.)
11.
shall such
otherwise
be
name
(1.) Every Local Authority,other than the Central Board, not and whether consistingof one person or more, incorporated, with a perpetual succession, designated by body corporate thereto be or as approved of by the Central given may
with power be
to
sue
Board, and
lands for
and
be
sued
in
such
name
and
to
hold
sanitary purposes.
shall not necessary for any such
(2.) It
common
corporationto
the
use
seal.
(3.) Where
mor(!
Local Authority not any of this Ordinance, other than

one
before incorporated
mencement com-
the Central the
Board,
the
consist members
of
than
person, necessary
the
to
consent
of
majority of
any
act.
thereof shall
of
I'ower Local
to
name.
be
the
of validity
(s.12
before sanction
amd.
26
1903,
12.
"
8.
21.)
Local
to
(1.) Any
Authority
Ordinance
name.
constituted
may,
either the
or
after of the
rity Autho-
the
commencement
of this their
with
change
Central
(2.) Every
as
Board, change such change

Hoard such
may
of
name
sliall l)e publishedin such shall aflect any defective any and
manner
the
Central
direct.
of
or name
(3.) No
of the Local
change
Authority
or
render Local
rights or obligations stituted legal proceedingsinany
by
against the
Authority ;
legalproceedings
572
No.
that the
3.]
purpose
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
office
1878.
Governor's 20.
The such
Court, by the Combmed (s.18.) pleasure,

Board may, with
and
who
sliall hold
during
Power etc.
to appoint
Central
the
as
approval
may be
of
the
Governor,
for the
officers,
appoint
due
officers, servants, and

of this Ordinance, Central Board may
agents
necessary
execution
(s.19.)
make
Making of by-laws for regulation of

common
21.
The
the by-laws for regulating other

in
are
use
by
in
the
publicof the
dams, trenches,pasture lands, and

vested the time
for
property
Public in force,
lands.
any Works
Village or Country District which Ox'diiiance Department under any
the
being
(s.20.)
i\Iaking of
22a
The
Central
Board
may
make
general
hv-laws.
Local
Village or
Governor
Authority are Country District,and such of Policy,shall and Court

District
or
authorized
to make
by-lawsfor any by-laws to when by-laws,

have
effect
as
for which purpose have effect in any confirmed by the every
in be
Village
or
Country
in any
of such
Districts
may
providedby
such
by-laws.(s.21.)
Power Board
as
to to
the act
or
23.
whenever exercise
The
Central District
Board any
shall have
or
Country
all of Central powers
Local
Authorit_y.
it appears to the such all of any or

or
exercise in any Village may of a Local Authority powers Boai'd expedientto do so, and may the in such
and
there is
Power borrow
to money.
is not
Local
any Authority of such
District,and
whether
District,
(s.22.)
money may for
24.
The
execution any
rate
shall have to borrow power of and the this Ordinance, purposes any for the repayment thereof, (s. 2.3.)
Central
Board
the
of
of
mortgage
Power
to sold for
25.
"
(1)
Where
purchase property non-payment

of rates.
or tax, the Central purchase the same
of any rate any property is sold for non-payment have Board Local shall to or Authority power any if to it them at execution to sale, necessary appears Board shall be entitled to obtain letters of decree their
servants
or
do
so.
(2.)The
Central
for all property heretofore purchased by them, or and the Chief Justice execution at sale, agents, any
to
by
is
hereby authorized
that where sold
grant letters of decree

is
or
for all such

so
property
Provided
be due
property
Central of the
has
or
can
been
purchased,it
shall
again by the
in respect by the
Board
same
Local be
Governor
and
Court
as Authority as soon obtained, or whenever of Policy to sell the same.
all amounts
they are
directed
be received or Board (3.) Every transport by the Central may the Central the to on Board, wlio, receiving or Secretary passed by shall his and the seal of the atlix name sign passing any transport, Board, (s.24.)
PART
II. Provisions.
Sanitary
Drainage.
Obligation
Local
to
on
26.
Central
Every
Town
and
Village Authority,and,
when
requiredby
to
the and
ity Authortain main-
Board,
drainage.
shall at all times and

as
every Country maintain in good

an
Authority,shall
order such and outfall with
cause
be such
made
dams such
and
trenches
or
main
drains, having such

be necessary for
kokcnvs
sluices,
may
drainingtheir effectually
Districts,
(s.25.)
A.D.
27.
sliall
1878.]
Every
cause
PUBLIC
HEALTH.
[No.
the
may
3.
573
Local
Authority,when
required by
as
Central be
Board,
the Central 28.
such their District, or Boai'd,to be drained
part thereof
specified by
Drainage '" machinery
by machinery, (s.2G.)
all trenches and main drains Keeping of Every Local Authority shall cause etc., drainingany portion of their District to be kept so as not to *',^""='ies and be a nuisance and to be properlycleanserl or injurious to health emptied, (s.27.) used for
29.
main may
The
owner
of any
permissionof
cause
the Local
owner
drain, and the

his drains
to
with the premiseswithout a SanitaiyDistrict, Power Authority of the District within wliicli is the iliain ^^^^^ of any premiseswithin a Sanitary District, dischargeinto any main drain, (s 28.)
to
into
^^^^
30.
The
owner,
or,
when
required by
the
Local
or
occupier of every lot of land situate in a Town drain the lot,and for that purpose shall effectually
Authority, the Village District

"
Obligation
^^^^
on
occupier
to
of lot lot.
shall
drain
such dams and drains on the lot as may for be necessary (1.)Make the lot draining effectually ; in the surface of the lot ; and (2.)Fill up all irregularities the surface if thereof,and, (3.)Adjust necessary, raise the level of
the surface
thereof,in
the water
such
manner
"
(a.) That
received
;
on
the lot may
flow
into
the drains
of
without
obstruction
water
can
(6.)That
the
no
remain the
on
lot other the
than
drains
any ; and
not
portionof
remain
the surface
(c.)That
Provided
is occasioned
not
surface the
of the lot does

state
swampy
that where
swampy
of any
which
or a
off all the shall not
by the main drains into having a suflicient outfall water dischargedinto them,
liable under this section such surface
lot in any such District the drains of the lot discharge
sufficient
owner
or
the
to
capacity to carry occupierof the lot

the surface the average
distance of
consent
be
raise
as
the
as a
level of
of the lot if the level of

of the level of
is
high
lot for
height
twenty
of
the land
the
surrounding such
any District
owner
roods:
Local
Authority
on
of
with the may, in which the lot is
the
a
situate, have
pond
31.
the lot.
(s.29.)
Local
"
(1.)Every (a.)For
all the
Authority
may
make
by
laws
"
Making
t)V-laws
of
drains, the
mode
the number, position, regulating length,and width of materials of which they are to be constructed,
of their and construction, the main
to relating
drainage.
drain
into which
they are to discharge ; of the lot,or on the occupier,or {b.)For imposing on the owner of the lot or of any each occupier, on thereon, the l)uilding duty of keeping the drains on or adjoiningthe lot clean and
wholesome and free from in
obstruction what
cases
; and
(c.)For
common
same
determining
to two
there
how
owners
is to the
be
one
drain of
lots,and afljoining
divided between the
expense
or
the
of
is to lots.
be
occupiers
such
(2.) Such
of the District
by-laws
of such
may Local
apply
to
the whole
or
any
specifiedpart
Authority, (s.30.)
574
No.
32.
on
on
3.]
Where land
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
a
1878
Provision where erected swampy house
any
is erected any dwelling-house the which is swami^y, owner the Local
within of
Sanitary District
land,
and
or,
the the
when
land.
required by drain shall effectually dwelling-house ; and

surface-
Authority,
the for that
the
occupierof
land shall
dwelling-house,
around level of such
portionof
the
under raise
purpose
the
the
(1.) Of the land covered by the house ; and (2.) Of the land surrounding the house for a distance side of the house, if the nearest feet from twenty-five
the then
owner
so
of at the
least of
land
far
extends,
and
if the
land
does
not
so
far extend,
case
to
the
portions as
to
boundary of the land, excluding in be requiredfor drains, may
either
such
height as continuing swampy,

a
such
the portion raised be necessary to prevent may be and such land can for unless drainage proper
is forthwith
obtained,
(s.31.)
Mode
of
enforcing obligation to drain lot, etc.
Town lot within a or Village District is not (1.) Where any within is erected and where a dwelling-house d rained, effectually any the Local is swamjjy, Authority Sanitary District on any land which or notice, require,in the first case, the owner shall, by a written
33.
"
occupier of
case, or,
one
the
lot
or
or
of
any
building
the land
or
on
the
lot
and,
in
the
second
the
owner
are
occupier of
than
owners
one
of the
thereon, dwelling-house
if there
or
more
more
of
to
such
or
of such or owners occupiers,then any able occupiers,to perform, within a reason-
time
be
in specified
the
notice, all
owner
or
or
imposed by this draining the lot (2.) If any
Ordinance
or
on
the
of the obligations any occupier for eflectually
portionof land. or occupierfails to perform any act requiredby such notice to be performed, he shall be liable to a penalty not and further penalty not to a exceeding exceeding twenty-fourdollars, continue such failure may dollars for each three day during which in the notice. after the expiration of the time specified the notice is not complied with (and notwithstanding (3.) Where for the about be instituted have to been or are proceedings may the Local of the penalty for non-compliance therewith) recovery the i n the time of notice, specified Authority may, after the expiration the in a summary do the manner work recover required,and may the from incurred them in or owner so occupier doing by expenses
owner
of the
or
lot, in the
of the
occupier order, declare (4.) Any

in
the
the owner from first case, and, in the second case, land or of the dwelling-housethereon, or may,
same
by
to
be private improvement
by the exjênse incurred under this section with notice complying any him the owner from of the lot or of the land on
erected,unless
to
expenses. occupierof any lot may be
or
recovered
which
the the the
building by buildingis
notice
the
was
necessityfor
rendered
otherwise
the
work
be
performed
it has
necessary
requiredby by the act of

the
owner
said
or occupier,
unless
been
agreed
between
and
occupier,
(a.32.)
Power to Local to
34.
Any
Local
Authority
works
Authority
construct
Board,
construct
any
may, for the
with
the
of
consent
of
the
Central
purpose
infecting, storing, disI'eceiving,
works
for
collecting
fie
distributing,or otherwise disposing of sewage or ofiensive is created thereby, (s.33.) matter, provided tliat no nuisance
wage.
A.D.
1878.]
run
Lie
iiKAi/m.
[No.
3.
0/;j
Water
Suj)jily.
35.
tliari
a
"
(1.) The
plantation,
.
.
owner
of every
buildingin
of every
tanks
1
p
Sanitary District
shall
!"
other
and
Obligation
on
and
the
owner
1
plantation,
tor Vli the water
i
erect
"
['^.''';T
maintain
^"
^"
"^
manitani
and
good order a capable of storing

ni
,1
tank
oi-
storage
or
rani
water,
the
huililingor of plantation to
the
quantity
and in this
of
prescribedunder
referred
time
to
as
of this provisions
Ordinance,
Ordinance
the
time may force
prescribed quantity. V)y Order, from (2.)The Governor-in-Council may, shall be the prescribedquantity, and, when direct what
alter
or
to
made,
in
revoke
any
such
Order,
and
while
such
Order
remains
in such Order shall be the prescribed (juantity. quantityspecified the otherwise Until the Governor-in-Council directs, (juantities (3.) in the First Schedule to this (Jrdinance First in the Tal)les contained specified shall be the prescribedquantitiesfor the buildings and plantationsSchedule, therein described, (s.34. ) for the cleansing make regulations (4.)Every Local Authorit}^ may of tanks. (s.34 amd. 20 of 1904, s. 4.)
the
36.
No
tank
requiredto
deemed
Ije maintained
to be
under
the
provisions t^f this Requisitesof

tank.
Ordinance
shall be
in
good
order
"
to roof or a (1.) If it is not connected by pipes to gutters attached least weather foot at the one covering platformexposed to square the of each five for of horizontal area gallons prescribed(|uantity
of water
or
(2.)If
to
such
gutters
or
pipes are
such roof
or
not
of
sufficient
to
size
to
receive the
same
all
the rain
falling
on
platform and
or
convey
the tank, or if such gutters If (3.) the tank is not fitted with
therefrom without tank is not is not
waste ;
or
pipesare
apparatus
;
or
not
in
for
good order ; or drawing of}' water
(4.) If (5.) If (6.) If

when 37.
of
/"i
" "
the
kept covei'ed
the tank there

full.
or water-tight; for discharging the not are appliances proper (s.35.)
overflow
Central
or
may
(1.) It shall not be lawful, except with the permission of the Boaj-d,for any person having the control of any school house, of publicentertaiinnent, which building built for the purposes any be hereafter erected to permit the same to be used, unless and
A (rt.) tank has been
I'rovisiou
for water
secyniig
school erected.
houses,
etc., hereafter
until
erected
with
or
thousand
gallons of
area
water,
four
capacity to contain ten gallons for every sijuare

the
foot of horizontal
covered
by
roof,whichever
school
or
shall
be the smaller
{h.)8uch tank by proper gutters and pipes,of the roof and rain falling to on
be
quantity; and has been coiniected
with
such the
of
building
all the tank. shall
sufficient size to receive convey

same
to
such
(2.)Every person who acts in contravention liundred liable to a penalty not exceeding one
38.
"
this
section
dollars,
(s.36.)
for
or
(1.) Each
to erect
owner
Ordinance
and the
of any maintain
building or plantation required by this Penalty

a
tank
who of
fails to
erect
tank
not
erecting
"
capable
maintain
of
storing
such
tank
in
prescribedquantity good order, shall be
water,
liable
or
who
a
fails to
t^nk.
to
penalty not
576
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1878.
exceedingtwo
for which
not
cents
was
for each bound

to
gallon of
he
exceedingfive
after
dollars for
prescribed quantityof water and further to a penalty provide storage, each day during which such failure may
the this section the
continue
conviction.
burden
(2.)In any proceedingagainst any person under of proving that a tank capable of storing the
been
on
has shall be
Mode of
forcing en-
erected,or
person
that
such
tank
is maintained
prescribed tity quanin good order,
the
proceeded against, (s.37.)
tion obligato
or
erect
maintain
tank.
failure maintain to erect there has been or (1.)When any to be erected or maintained, and requiredby this Ordinance of for recovery whether to be instituted proceedingshave been or are such the Central Board the failure for is on failure, (if any penalty the part of the owner of a plantation) the Local or Authority (if the failure is on the part of the owner of any building within a Sanitary within written the a notice, require able reasonDistrict) by a owner, may, therein of tank tune to erect a storing the prespecified, capable scribed be necessary to put the quantity,or to do such work as may tank in good order. (2.)If such notice is not complied with, the Local Authority may, such tank, or of the time specified at the expiration in the notice, erect and work in such do the recover notice, by parate specified may the expenses execution in so doing or may, incurred by them by order, declare the same to be privateimprovement (s.38.) expenses
39.
"
any
tank
Power Local and
to rity Authoto erect
40.
Every
Local
Authority may,
and
water
and,
such be
when tanks
requiredby
and and
the Central
for the sell the
Board, shall,construct
storage of rain
water
so
or
maintain
as
reservoirs may
maintain
fresh
tanks.
stored
or
permit the
Local attach
may free use
necessary,
thereof,
may,
to
(s.39.)
the purpose of
Power Local
to Authority
use
41. and
or
"
(1.)Any
of any
Authority
for
for
collecting
to roof of
storing rain school,or
water,
gutters
the roof of any
church, chapel,
chnrch,
collect
buildingused
the
water
etc.,
water
to
District, and
reservoirs such
for tank.
convey maintained
collected
publicentertainment, within their thereby by pipes to tanks or

connected
to
church, gallons of water
school chapel, for
by them, unless there is a tank of sufficient size or liuilding

square foot of the
with five
contain
area
every of land
horizontal
covered
by
the roof thereof.
(2.) The
times
enter
on
on or building,
officers the the
Local Authority may every whereon is such church,
at
all reasonable
chapel,school, or
land such
used
and
or
may under
so
attach
gutters and
therewith, and lay down

all reasonable
tanks erect thereon, may such pipes over, or on, times

enter
on
such
and
examine
land, and may at and repair such

the
control of
such
land
tanks, gutters and

ei'ect any
pipes :
any control
Provided
always that, before

to
or
proceedingto
the
tank
on
land belonging
of
under
persons
having
the
such
the Local Authority shall apply to church, chapel, school,or building, a Magistrate for permissionto do so ; and the Magistrate, after having aff'orded such full opportunity of being heard, is hereby required, persons to grant such permission, unless it is proved,to his satisfaction, such that the granting of such an injury to permission would cause be land could the persons such not the of control as owning or having stantial subthat and considers if a the Magistrate compensated by money ;
injury would
such tank Ijut that
be the
occasioned
same
to
such
})ersons
by
in
the erection
he
of
could
to
deteiTBine
what
sum
ought
be
compensated money, paid by the Local Authority to
he
shall
such
A.D.
1878.]
and such
PUBLIC
HEALTH.
[No.
3.
577
persons,
to erect
thereupon
tank
on
shall
grant, permission to the Local

that
to
condition
such
erect
sum
is
so
Authority the j)aid ; and

such
sum
or
Local is
so
Authority shall not conunence paid. No permission shall

such
such
tank
until such
))e
to rH(|uired
no
attacli tank
gutters
lay down
any Local
pipes :
Provided, also,that
the
shall be
on
placed by
any land
Authority under
provisionsof
this section
the control of the persons belonging to or under having the control of such church, chapel, within hundred and school,or l)uilding one fifty feet of sucli church, chapel, school,"ir building, except with the consent
of such their
for
persons,
and
that
the
Local
authorityshall
so
be bound
to
place
pipesunderground (3.)Every person who

any
if such
persons
obstructs be
such
purpose
shall
any liable
recjuire. officer entering

to
a
as
aforesaid
penalty
for
not
exceeding
twenty -four dollars,

42.
(s.40.) Authority
any tank
or
F.very Local
from
issue of water
make may reservoir
by-laws
under
their
regulatingthe charge or on a
laws
to
Making of b}-relating
issue of water.
plantation, (s.41.)
43.
Every
person
who
any
"
Penalt}'on
water
fouls (1.)"Wilfully
in
tank
or
reservoir; or
a
person
or
fouling wasting
etc.
(2.) Wilfullywastes any water (3.)Wilfullydamages any tank platform,i-oof, tap, or cover,
shall be
addition
stored
or
in
tank
or
or
reservoir;
or
water,
reservoir connected
pump
any guttering,pipe, therewith,
dollars ; and shall in penalty not exceeding fifty by the Magistrate to pay to the person aggrieved such sum, hundred not dollars, exceeding one by way of compensation for so fouling or wasting such water the Magistrate may as consider adequate,and, in the case of damage, to pay to such person the cost of and such cost shall be ascertained the same, and determined repairing the a]id all ordered be be to sums recovered so Magistrate ; by paid may the in the same as manner penalty, (s.42.)
a
liable to
be
ordered
Water-closets, Privies, etc.

44.
for the In
Ordinance, the term reception and deodorization

of the If
a
this
"
earth-closet
matter
"
includes
anyplace
to
Interpretation
of term "earth-
of faecal
constructed
the
satisfaction
Local house
Authority, (s.43.)
within the District
of of
a
closet."
45.
to
a
(1.)
Local
Authority appears
a
Power Local
to rity Authoto enforce
such
Authority,by
matter, other
the report of any

than faecal
their officers, to be without
sufficient
or water-closet, earth-closet,
privy, and
furnished
for receptacle proper time
refuse and
matter,
with
doors
be
of l)rovision ])rivvacconiniodation houses. for
the
coverings, the Local owner or occupier
Authority shall,l)y written

of the
notice, require
to
house,
within
reasonable
therein
sufficient water-closet,earth-closet, to provide a specified, or furnished as aforesaid, either of as aforesaid, or privy and a receptacle them, as the case require. may (2.) If such notice is not complied with, the Local Authority may, the expiration of the time in the notice, do the work at specified and be in a summary to recover done, thereby required manner may incurred from the owner the expenses in them so by doing or may by order that in declai'e the
same
to
be
where
water-closet
common
by
the inmates
private improvement expenses or earth-closet, privy has been two or o more houses, or if,in
Provided
is used
and the
opinion
578
No.
3.]
Local
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
be Authority, a water-closet,earth-closet,or privy may for each be the house. need not to same provided so used, they require (s.44.) of the
Supply
of
diy
46.
with
Any
Local
to to
Authority
undertake any house
may
a
themselves of dry suj^ply their
undertake earth for

or
or
contract
earth, etc., for

earth-closets.
person any substance
other
rizing deodoof
within
District
the
jûrpose
any
Privy
accom-
earth-closet,
(s.45.)
it appears be used
to
as
47. modation for

is
use
"
(1.) Where
or
any
a
intended
sexes
to
are
factorv.
of both in any if they think such time
employed
trade, or
or
manufacture,
Authority that any house building in which factory sons perintended to be employed at one business, the Local Authority may,
or
Local
or occupier of tit, by written notice, require the owner sufficient to construct a house, within the time therein specified, of water-closets, earth-closets, or number privies for the separate use
of each
sex
and
for receptacles who
refuse
matter.
or
(2,)Every
such
notice
person shall be liable for each

a
refuses
neglects
to
a
default
to comply with any penalty not exceeding
for every
Provision of
twenty-fourdollars, and to day during which

48.
and
further default
the
penalty not exceeding ten is continued, (s.46.)

if
dollars
Any
maintain
Town in
or
Village Authority may,

and convenient
they
think
public closets.
proper
situations refuse
fit, provide waterui'inals,

matter,
and
and closets, earth-closets, privies,
other
Construction and of
similar
conveniences Local
for
for receptacles publicaccommodation,
(s.47.)
keeping
drains, etc.
Authority shall provide that all drains, waterfor refuse pools matter, and cessreceptacles closets,earth-closets,privies, constructed and their District are within kept so as not to be a nuisance or by-laws for regulating injurious to health, and may make
49.
Every
the
size
and
mode
of construction
of
all
such
earthwater-closets,
for refuse closets,privies, receptacles
matter, and
cesspools, (s.48.)
Penalty
|)erson
on
wilfully
or closet, privy,
damaging
water-closet,
etc.
who wilfullydamages any water-closet,earthshall be liable to a penalty for refuse matter receptacle not exceeding twenty-four dollars,and, in addition, shall be ordered by the Magistrate t pay to the person aggrievedthe cost of repairing
50.
Every
person
"
such
damage,
the
amount
whereof and may be
shall
be
ascertained in the
same
and way
mined deteras
by the Magistrate penalty, (s,49.)

Examination of
on
recovered
the
51.
"
(1.) On
the
written that any

or
applicationof
on cesspool
or or
any
person
to
Local
drain, etc., complaint
Authority
within
stating
refuse
drain, water-closet,earth-closet, privy,

to ])elonging
of nuisance.
for receptacle
matter,
is
a
any
premises
injurious to health, the Local after twentyl)ywriting, empower Authoi'ity any of their ofticers, may, such of notice to the occupier four houi's' written premises, or, in case
their District
nuisance with without or premises, be and examine to cause ground opened assistants,and, for refuse matter such drain, water-closet, earth-closet, privy,receptacle or cesspool. for privy, receptacle (2.) If the drain, water-closet, earth-closet, in found be is examination to refuse on matter, or cesspool proper of emergency,
without
notice, to
enter
such
if necessary,
the
condition, the
made
Local
Authority
the
shall has
cause
any
damage
done
cause
to
be
good, and, when
ground
been
opened, shall
it to be
580
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
the
case
1878.
thereof)to
be,
within
cause seven
the
house such
same
to
be
removed
or
cleansed, as
be
two
days, the
a
Local
Authority
continues
shall
liable
to pay
to
may the
occupierof day during

said
such
which
penalty not
default
exceeding
dollars
for
aftei- the
expiration of
every the
period,(s.52.)
"
Power Local
to
to
54.
or
Autho make posing im-
(1.) Where
for
"
the Local
Authority do
not
themselves
undertake
rity by-laws
contract
duty
of
cleansing footway, etc. on occupier.
adjoining any (".)The cleansing of footways and pavements premises; refuse from of house premises; and (6.)The removal any and cesspools The of earth-closets, cleansing a privies,shpits, (c.) to belonging any premises, they
the may
at
ovner
make
by-laws imposing
intervals and in such
the
manner
duty
of
as
such
cleansingor
may think
moval, re-
such
they
on fit,
or occupierof any such (2.) Every Local Authority
premises.
may also make
by-laws
for
the
vention pre-
and
as
for
to
be
dust, rubbish, or arising from filth, the prevention of the keeping of animals on any injurious to health. (26 of 1903, s. 6.)
of nuisances
refuse matter,
premises
so
Provision
of
55.
and
Any
of
Local
Authority
may,
if
they
see
fit,provide,in proper temporary

;
for receptacles
convenient
deposit of
nibbish.
collection
for the situations, receptacles dust, rubbish, and refuse matter the
and
deposit and also they may

collected
provide fit buildings and placesfor of this Part. by them in pursuance

WTiitewash-
depositof (s.54.)
of any
any
matters
56.
thereof of any
"
(1.)Where,
it appears is in such person
a
on
the any
certificate Local
licensed
that
medical
tioner, practi-
ing, etc., of
house
on
to
Authority
certificate licensed medical
of
or filthy
or
unwholesome
house or part any the health condition that
practitioner.
washing, endangered thereby, or that the whitewould house thereof of or part cleansing, pui-ifying any infectious tend to prevent or check disease,the Local Authority shall or occupier of such house or part give notice in writing to the owner the case as thereof to whitewash, cleanse, or purify the same, may require. with notice is so given fails to comply there(2.) If the person to whom he shall be liable to a penalty within the time therein specified, he continues not exceeding three dollars for every day during which think if and Local the default ; cause fit, to make Authority may, they to be whitev/ashed, cleansed, or sucli house purified, or part thereof incurred the expenses in a summary and may mann(uby them recover in default, the person in so doing from (s.55.) is affected
or
Penalt}' in respect of
certain nuisances
on
57.
or
"
(1.) Every
Sanitary
to
in any
who person District

"
in any
Town
District
keeps any
swine;
(a.)Keeps
be
a
premises.
or any swine nuisance to any Sullers any waste or {!).)
pigstye in
person
;
or
an}water
dwelUng-house
to
or
so
as
stagnant
remain
in
any
place
same
for \\ itliin any (IwelHng-house from the Local notice to him

or
twenty-fourhours Authority
to
remove
after
written
;
the
(c.)Allows
to
the
contents
of
any
water-closet, privy,or
cesspool
overflow,
A.D.
1878.]
for
PUBLIC
such
a
HEALTH.
[No.
a
3.
581
shall
every
to
offence
lie liable
and dollars, during day such
further the
penalty not
penalty not exceeding ten exceeding two dollars for every

to
cause
which Local
oil'ence is continued.
to
manner
The (ll.)
or Authority shall al)ate,
he
ahatofl, every
the expenses
on
nuisance, and
incurred
which
by
them
may \\\ so
recover
in
the nuisance
doing from exists, (s..50.)
summary the occupier of
the
premises
and Drainfi, Trenchet^, Offensive
CoUectiuns
of Matter.
forming
main to or drain, or drain near watercourse, (1.)Where any for Provision the boundary of the District of any Local Authority is foul obtaining order for and offensive so as injuriously of such Local to affect the District thority, Aucleansing the application of such Local on Authority, offensive any Magistratemay, the person summon having the charge of such watercourse, main drain, watercourse etc., lying drain before to appear or a Magistrate to show cause why an order near to such watercourse, should not be made by such Magistratefor cleansing forming
58.
"
or
main
drain,
or
structural
works
(2.) Such
case
other or executing such permanent to such to be necessary. as INlagistrate appear may Magistrate,after hearing the parties,or ex parte in
drain,
and
for
boundary
Districts.
of
of
the
default
to
of any
of
them
with
the
costs
reference
sanif^
the
execution
of the
shall
be
works and
of such the
time
executed,and by shall be paid,and

mode
of
such make order appear, may and the whom works, by persons whom and in what the proportions
to
also
as
as
to
the
amount
seem
thereof
:
and
payment,
two
to
him
may
reasonable of any works
Provided of which
that the the
Magistrateshall not
exceeds Town that
or
order
the execution
and
probablecost
in any
hundred
dollars forty
it appears of
manure, to
(s.57.)
to
an
59.
"
(1.) Where
Local other
or
Village District
accumulation
Removal filtli on
of
officer of the
Authority
offensive
or or soil, filth,
any noxious
dung,
removed,
to the
1
,,,,.'.
he
matter,
Ill
ought
the
be
"ffil^T.^^^J^
"
oincer
or
the to the same give notice pei^son to whom of the whereon it to premises exists, remove occupier
shall
belongs,or
same.
Local
Authority.
(2.)If
from the
to
such
notice
is not
complied with
manure,
within
twenty-four hours
service
thereof, the
vested
in the
referred
shall be and
and
be
Authority ;
expenses if surplus,
incurred
any,
proceedsthereof in the execution by them shall be paid,on demand, to

of removal
as
matter or dung, soil,or filth, of the Local or disposed by shall be applied in payment of the
sold
of
the
owner
this section, and the of the matter
removed.
accumulation,
may the the
by the Local Authority of any such they are not covered by the sale thereof, be recovered from manner by the Local Authority in a summary to whom the accumulation from the occupier of or person belongs, there is no premises, or, where occupier,from the owner, (s.58.)
expenses if and
so
(3.)The
far
60.
removal
"
(1.) Notice
of
manure
may
be
given by
District
any
or
Town
or
VillageAuthority
other or stables,
to
Periodical removal and of
(by public announcement

or
in the
otherwise) for the periodical

from
mews,
other refuse
such refuse notice
matter
matter
mews
premises. (2.)Where
the
same,
manure or or
other
premises.
any other
a
has
been
given, any
fails
so
person
to
whom
belongs who
and
as
remove
the
such
permits
further
at
accumulation intervals
does
not
continue
removal periodical be
such
the I.ocal
liable without
further
notice
to
penalty not
Authority direct,shall exceedingfive dollars
582
No.
3.]
each
THE
LA
W8
OF
BRITISH
GUIANA
[A.D.
1878.
day during which such manure (s. 59.) permittedto acccumulate.

for Common
or
other
refuse
matter
is
Lodginy-liouses.
this Ordinance, the
Interpretation
of term house.
' ' "
6 1
.
For
the
"
purposes
means or more
of
expression
hotel
same
"
common
or
mon com-
lodging-
lodging-house
in
any
house, not
being
Kcensed of the
tavern,
which
two
admitted,
for any
for
payment
members not persons of money, to occupy,

one
by
the
of
family are day or night or

house, and
as
a
in any includes,
part any case only part of a house the part of such house so used. lodging-house,
in which
less
period
than
month,
such
is used
common
Keeping
common
of
62.
be
"
(1.)Every
the
names
Local
Authority shall keep

residences District the of
registerin
which all
common
shall
register of lodginghouses.
entered
and
the
the
keepers of
within lodging-houses
of every Ordinance such
of such of
house, and
number be
and the situation Authoiîty, lodgersauthorized under this
the
and
by such Authority to (2.) A copy of any entry in Local Authority to be a true

on
received
shall
therein.
an
such copy,
certified by register,
he received
officer of
in all Courts
shall be sufficient proof of the of the register of any document without production or registered, or thing on which the entry is founded. gratisby (3.)A certified copy of any such entry shall be supplied the Local Authority to any person applying at a reasonable time for all occasions
as
evidence, and
matter
the
same.
Obligation of
registration.
63. A person shall not keep lodgertherein,unless the house of this Ordinance, nor provisions
is entered when the in the person
common
is
or lodging-house, in accordance registered
receive with
the
unless
his
name
as
registerkept
so
under
this
Ordinance
or
the keeper thereof Provided : that,

any member of
dies,his registered
house
as a
widow
his
family may
than four
keep
weeks
the
after
common
for not lodging-house

as being registered
more
his death
without
the
keeper
thereof.
Conditions of
registration.
it has
shall not be registered until common as a lodging-house officer of inspectedand approved for the purpose by some the Local Authority ; and the Local Authority may refuse to register who does not produce the keeper of a common a person as lodging-house
64.
house
been
to
the Local
Authority
certificate
of
character,in
such
form
as
the of
Local
the
signedby thi'ee inhabitant Authority may direct, rated for property of the value District respectively
householders
of
one
thousand
dollars.
common shall, if lodging-house, (1.)The keeper of every and do affix the Local keep Authority to so, requiredin writing by tlie words and legible with notice undefaced a RegisteredCommon Lodging-house in some conspicuous place on the outside of such
Affixing
notice of
65.
"
registration.
"
"
house.
(2.)The
from notice the
and
or
to
in writing keeper of any such house wlio,after requisition such affix refuses or renew to or Authority, neglects shall be liable to a penalty not dollars, twenty-four exceeding further penalty of three dollars for every day that such refusal a Local after
neglect continues
conviction.
A.D.
1878.]
Every
who
Local
PUBLIC
HEALTH.
[No.
time
to
3.
Making
of
583
66.
Authority shall
from time
as
from
time
make number
V^y-laws
"
by-laws.
and (1.) For fixing, n)ay
to
be received
time varying, the lodgersinto a common
of
sons per-
lodging-house,
; in
therein ; of the sexes and for the separation (2.) For promoting cleanliness and ventilation in such houses (3.) For the giving of notices and the taking of precautions
case
the
of any
infectious
disease
and
such
(4.)Generallyfor
67.
"
the well
orderingof
houses.
Power to
Local it appears to any Authority that a common (!") Where of for the use is of the without water a supply lodging-house proper be and that furnished thereto at such a a reasonsupply can lodgers, able rate, the Local Authority may, hy notice in writing, require the therein,to obtain owner or keeper of such house, within a time specified for that such supply and to do all works necessary purpose. the Local (2.) If the notice is not complied with accinxlingly, from until is the it such house remove register complied Authority may
"^"*"?T^^^fi
supply
water.
of
with. 68.
of the The Local
keeper of a common Authority,limewash

of the months
so,
shall,to lodging-house
the of walls
the satisfaction
in
Limewashing
house,
and
and
thereof ceilings
the
first week and
of each he
April
October
not
in
eveiy
year,
shall,if
fails to do
be
liable to
penalty
exceeding ten
dollars. 69. The

are
keeper
the
of
common
lodging-housein
time
so, to to
which
beggars
Local Autho-
or
Power
to order
vagrants
received
Local
to lodge shall from
time, if required in
to
from j'eport
writing by
Authority
as
do
report
the
hcnls" receiving vagrants,
rity, or
person
to
such has
person
who
; and
resorted
to
night
for that
to
Authority
shall fill up
any
with
purpose ordered to report, which so person the information requiredand transmit
direct, every Authority may such house during the preceding day or schedules shall be furnished by the Local
schedules
to
the
Local
he Local
the
Authority.
70.
such
to
some
The
keeper of
common
lodging-houseshall, when
house
is ill of any infectious disease,giveimmediate officer of the Local Authority.
in a person notice thereof
Giving
notice
"i^^ctious ?,!
71.
"
(1.)The
or
keeper of
acting
house
in
common
and lodging-house,
care or
every
other
Right
of
having person all times when

free
access
the
any any
management
requiredby
or
officer of the Local
thereof,shall,at Authority, give him

access
inspection,
to such
part thereof.
shall
liable to
(2.)Any keeper or person who refuses such not a exceedingtwenty-fourdollars. penalty

such
be
72.
Any keeper of
common
who lodging-house such house

;
or
"
Offences
bv
(1.) Receives any under registered (2.) Fails to make

Authority Ordinance,
with
lodger in
this
a
without
the
same
being
Local
this
''^P^^-
Ordinance
report, after he has been

schedules
purpose resorting to such for
furnished
in house
the b}'^
the
pursuance
;
or
of
of the
(3.) Fails
person
to
give
been
persons the notices
required by
his bed
this Ordinance house
where any
any
has
confined
to
in such
by
infectious
disease,
shall be liable to
a
penalty not
and, exceeding twenty-four dollars,
in
584
No.
3.]
case
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
the
of
a.
continuing offence,to
further the
not exceeding ten penalty,
for dollars,
Effect of of
every the
day during keeper of

of
a
which
common
offence
continues. convicted of
a
73.
Where
is lodging-house
conviction
third offence
to
common
keeper for
third offence.
against any
the
provisions of
this Ordinance
relating
for such the the
third
the Magistrate before whom the conviction lodging-houses, offence takes place may, if he thinks fit,adjudge that convicted
or
so person conviction
shall
within
such
not, at any time within shorter periodafter the

common
three
years conviction
after
as
the the the
Magistrate may previous licence

Local
as
think
in
fit, keep a writing of the

or
Local
without lodging-house Authority,which licence

on
Authority may withhold they may think fit.

In any
grant
such
terms
and
conditions
Onus
as
to
of proof family in
74.
of of
relatingto
proceedings.
the proceeding under provisions of this Ordinance if of any house inmates the or lodging-houses, part of the same the house burden a allegethat they are members family, shall lie on the persons making it. proving such allegation
common
Houses Making
houses
rooms.
Let
in
Rooms. make
of to let in
75.
"
(1.)Any
that
Local
"
Authority may
from time each
or
by-laws for
the
following
by-laws as
matters,
is to say,
(a,)For
fixing,and
who
to
time
room
varying,the
in
a
number
of
a
persons which house
occupy may is let in rooms
house
members
or
part of
of
more
occupiedby
or
than
one
family; occupied;
(6.)For
(c. )
For
of houses let the registration so the inspection of such houses ; the for for such
(d.) For enforcingdrainage and

houses, and
houses
;
modation provisionof privy accom-
promoting
cleanliness
and
ventilation
in such
the cleansing and For limewashing at stated (fi.) and for the paving of the courts and premises,
times
court
of
the
yards
in
thereof ; and [/.) For the giving of notices

case
and
the
taking of precautions
of any
section
infectious shall not
disease.
(2.)This
the
apply to
common common
of this Ordinance provisions
relatingto
the
within lodging-houses lodging-houses.
Evidence
to
as
76.
house
In
to
in fainilj-
any houses
proceeding under
let in rooms,
are
of provisions of
same
this Ordinance house

or
lating rea
if the members lie

on
inmates of the
proceedings.
any
part of
burden
allege that they
the
shall proving such allegation
persons
family,the making it.
of
LeUing
Implied
condition where
room
of House,
etc.
for the lettingof any house any contract furnished whether or unfurnished, there habitation,
77.
In
or
room
for human
house is let.
or
condition such inmate

or
that
the
;
house
or
room
is in of
a
all
an implied fit for reasonably respects
shall be
hul)itation of such
and,
in the event
room
breach any
of loss be
such
condition, any
health
recover
house
or
who of such
sullers
by injury to
entitled
to
otherwise from
in consequence
V)reach shall such
damages
the person
for responsible
breach.
A.D.
1878.]
PUBLIC
HEALTH.
[No.
3.
585
Nuisances.
78.
/
ôv
A
the
purposes
" "
of this
such
1
Ordinance,
"
Explanation as
to nuisances.
" ...
(1.) Any
premises
state
j^
as
to
be
nuisance
or
injurious
to
health ;
trench,drain,gutter, watercourse, privy, urinal, pool, cess(2.)Any pool, foul or in such for refuse matter so drain, or receptacle a to health ; state as to be a nuisance or injurious to health ; (3.)Any animal so kept as to be a nuisance or injurious is nuisance which a or or deposit (4.)Any accumulation injurious
to
health ;
house
or
(5.)Any
or
part of
house
of the
so
overcrowded
as
to
or
be
not
dangerous
members
injuriousto the
same
health
inmates, whether
of the
(6.)Any
state, or
as
family; workshop, factory,

not
or
workplace
a
not
as
kept
to
in
cleanly
ventilated
in
such
manner
render
harmless,
practicable, any gases, vapours, dust, or carried of the work in the on course generated
far
as
other therein
impurities
that
are
nuisance
on
or
as
is carried
while work injurious to health,or so overcrowded to the health of those to be dangerous or injurious
furnace which does
employed therein ; or (7.)Any fireplace

consume
not,
as
far
as
practicable,
therein, any mill,
in any
used the combustible arising from and which is used for working an engineby steam, or in factory, dyehouse,brewery, bakehouse, or gas- work, or
the
smoke
manufacturing or trade process whatsoever ; and (8.)Any chimney (notbeing the chimney of a sugar factory) sending forth black smoke in such quantityas to be a nuisance,
shall
manner
be
deemed
to
be
nuisances
liable to be
:
dealt with
"
summarily
in
providedby
a
this Ordinance
not
or
Provided
First "That of any
penaltyshall
accumulation
imposed on any deposit necessary

or
be
in respect person for the effectual
carrying on
the
of any satisfaction of
not
deposit has
purposes available
to
means
of the
manufacture, if it is proved,to or Magistrate, that the accumulation is for than been the kept longer necessary that the best business or manufacture, and
business the
have
been
taken
for
preventinginjurythereby
lêfore any
the
"
Secondly
in
publichealth ; and That where a person

a
is summoned
Magistrate
furnace or arising from a fireplace which does not consume the smoke arisingfrom the combustible used in such fireplace or furnace, the Magistrate shall hold that nuisance the meaning of this Ordinance is created within no
respect of
nuisance
and
or
dismiss the
furnace
if complaint,
he
is satisfied
manner as
that
to
such
fireplace
as
is constructed
in such
consume,
far
px'acticable (having regardto the nature of the manufacture or arising therefrom, and that such fireplace trade) all smoke has been attended to by the person furnace or having carefully the charge thereof.
as
79.
made
It shall from time
be
to
the
time
ascertain
VOL.
what
I.
nuisances
to be duty of every Local Authority to cause with view of their to a District, inspection under the powers exist callingfor abatement
Duty
of Local
Authority
District
for
40
586
No.
of
3.]
THE
LA
WS
OF
BRITISH
GUIANA
of provisions
[A.D.
1878.
in
detection nuisances.
of this order
Ordinance,
to
and
same.
to
enforce
the
this
Ordinance
abate
the
Giving
nuisance Local
of of
to
80.
District
Information
of any
of Local
anj^
nuisance may
under
this
Ordinance
to
in
the
information
Authority
be
given
any
such
Local
Authority by
householders
Authority.
aggrievedthereby,or by any two inhabitant any person of such District, or by any officer of such Authority,or
or
Hy
Ser^^ce notice of
any
constable
member
of the Police
Force. of of
a a
requiring
abatement nuisance. of
81. On receipt of any information respecting the existence if satisfied of the existence nuisance, the Local shall, Authority the person notice on a nuisance, serve by whose act, default,or the
nuisance the
owner
ance suffer-
arises
or
or
continues,
the
same
or,
if such
on
a
found,
on
occupier of
to
premises
within and do
be cannot person which the nuisance time

to
arises,requiring him in the notice, and to

necessary First
-
abate
the
be
specified
may be
execute
:
such
works
"
such
thingsas
for that purpose That where the
Provided
nuisance
arises
from
the want
or
defective
there is
no
construction
of any structural of the premises,notice occupier the

"
convenience, or where
under
this section
shall be served
on
owner
and
cannot
or
Scj-n'lly
That and
found,
the person causing the nuisance it is clear that the nuisance does not arise the
owner or
where
be
continue the
by the act, default,or sufferance of the Iiocal Authority may premises,

without Making of complaint on
non-com-
occupierof
abate
the
themselves
same
further person
on
oixler.
whom
a
82. served within

service
to
recur
If the makes the of

on
notice
to
abate of the
nuisance
has
been
the
default in
time
complying with
if the
pliance with
notice.
or specified,
requirements any since nuisance, although abated

Local
thereof
the the
notice, is,in the opinionof the Local

same
Authority,likely
cause a plaint coma
the premises,
Authority shall
before
such
on
to be made relating to such nuisance Magistrate shall thereupon issue a summons
Magistrate, and
person
whom 83.
"
the notice
was
served
to
appear
before
requiringthe Magistrate.
the the
order with
Making of dealing
nuisance.
(1.)If
the
the
Magistrate is
make
satisfied that
is
an
allegednuisance
on
same
exists,or
him
to
that, although abated, it

any nuisance of
to likely
recur
mises, pre-
Magistrateshall comply with all or

to
order
on
such
the
requirements
a
person of the
requiring
notice the
or
otherwise and
to
abate
the
within
time
in specified
do
any
works
the
any works
recurrence
an ; or necessary for that purpose and of the nuisance directingthe
order
order, biting prohiof
execution order
necessary that of the any
to
prevent
the
recurrence recurrence
or
an
both
:
requiringabatement
Provided execution hundred
and
the prohibiting shall

not
of this
the
nuisance direct the

two
Magistrate
works of
under
section
cost
which
the
probable
exceeds
and
fortydollars. Magistrate
may,
(2.)The
by
the
to
his
order, impose
on
penalty not
oi'der is
dollars on exceeding twenty-four and shall also give directions as uj)

to
jêrson the payment the
whom of
the
made,
or
all costs
incurred
the
time
f)f the the
hearing or
making
order
for a])atement
pn)hibiti(mof
Making
order of
a
nuisance. exist the is such

as
of
84.
"
house
prohibition
the nuisance (1.) Where proved to in the judgment of or a liuilding,
to
render
Magistrate,unfit
for
588
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878
their
shall officers,
at on,
be
admitted
from
time
to
time
at
all reasonable
hours, or
carried
all hours into
during
which where
business the
the
premises
to
is in progress is usually or order nuisance in to exists, of this section oath
abate
is
the
same.
(4.)If
officer of the
admission
Local
premises
on
by any writing of the intention has been given to the person the same to make having custody of the premises),may, by order under his hand, require the having custody of the premises to admit the Local Authority person their officer into the premises during the hours aforesaid or ; and, if no of the be the can found, having custody premises Magistrate person oath made before him of that order under his hand, shall, fact, by upon authorize the Local such to enter Authority,or any of their officers, premises during the hours aforesaid. of the Local (5.)Any order made by a Magistrate for admission in force on Authority, or any of their officers, premises shall continue Magistrate, Authority (made
after reasonable notice in
refused, any
of the purposes complaint therectf upoa for any
until
was
the nuisance
necessary
has
been
abated
or
the
work
for which
the entry
has ])een done.

person of the be who Local liable refuses order of a Magistrate to obey an Authority, or any of their officers,on to a penalty not exceedingtwenty-four
(6.)Every
for admission
any
premises
shall
dollars. 90.
of of
Costs
and
"
(1.)All
or
reasonable
a
costs
and
expenses execution
notice,
the and the the
or
in
making
into
complaint,or
a
incurred in expenses oixler in obtaining any this Ordinance,

to
or
giving
of
nuisances.
Magistrate
same
in relation
to
nuisance
under
effect,shall be deemed
of the
on
be money
the if the
no
paid
order
any in ing carryfor the use

or, if
at
the
request
is
order
the
is made
the
to
on person Local Authority, or
whom
order is made,
is made
was
but made the

or
nuisance notice
was
proved
;
have of in
existed
when
complaint
or
given, then
caused and of
owner
the
case
nuisance default recovered
by whose act person caused of nuisances

such
costs
default
by
owner
the act
of
the from
premises,
and
expenses shall
not
premises:
the whole
any Provided
one
is for the time who person that such costs and expenses rack-rent of the year's premises.
costs
being
may of such
be
exceed
in
(2.) Such
nuisance may
and
be recovered and the
expenses in any shall
incurred Court have

acts
in
relation
to
any
costs
such
of
civil
justiceof competent
to
jurisdiction ;
expenses
Court
power
or
divide
a
and is
between
as
persons
seem
by
just.
whose
defaults
nuisance
caused
Local the
to it may costs
(3.)Any
and
exjênses
recoverable
under
this section
be recovered the may
owner
by
from
of premises may Authority from any owner of such premises ; occupier for the time l)eing such
and he
shall under due in
allow
occupier to
out
deduct the
rent
this enactment
of
any moneys from time
which
to
pay
time been
no
becoming
such
of
respect of the said premises as if the same such owner as part of such rent : Provided
be
had that the
paid to actual!}^
occupier shall
of rent such
costs
requiredto time being due

from
sum pay any further from him, or which
than
amount
for the
or
penses ex-
demand (aftinnotice not to
such
occupier and
after
pay
his landlord
any
rent
without
))ecomes made
to
of such costs or expenses) deducting the amount such he refuses, on unless application payable by occupier, of him by the Local Authority,truly to disclose the amount first
A.D.
liis rent
1878.J
;uid the
; but
name
PUBLIC
and address of
HEALTH.
of tlie person
[No.
to
3.
is
589
whom
sucli rent from
payaWe
such
the
burden
pi-oofthat
the
sum
demanded
occupier is greater than the rent due by him at the time notice,or wliich lias since accrued, shall lie on such occupier : Provideii, between also,that nothing in tliissection shall allect any contract any of other owner or or house, occupier any building, pKtperty whereby it
is
or
any of such
may
dues, and
other tenant.
the occupiershall pay or dischargeall rates, of moiiey of such in house, building, or jiayable respect affect whatsoever and landlord l:"etween contract or property, any
sums
be
agreed that
91.
of
ot
e
"
(1.)Complaint
under
1
*
may
1
be
made
on
to
any
Magistrate of
premises within
"
the
existence
nuisance
Liocal
T
this Ordinance
-j^
tlie District
1
any
inhabitant
District
Authority by any person of such District, or by any
i.1
aggrieved
owner
j_i
thereby, or
Making of coiniilaint by private person

as
by
any
to
nuisance,
of
premises within
such
; and
thereupon
and
the
like
as
like incidents
consequences
proceedings shall be had, with the for to making of orders, penalties
disobedience
of orders, appeal, and otherwise, as of a comin the case plaint made to a relatingto a nuisance Magistrate by the Local that the Magistrate may, if he thinks fit, Authority : Provided adjourn the hearing or further hearing of the summons of for an examination the premises where the nuisance authorize is allegedto exist, and may the
entry
into of
such
premises
examination
of
any
:
constable
or
other
purposes may for
such any the

other
for the person the Magistrate

acts
authorize
from
constable
order made
on
or
executing an
under
whom
to do all necessary person this section, and to recover
the
expenses
manner.
person
the
order
is made
in
summary
(2.)Any
shall have he
were an
constable
or
other and be
person
authorized
under
this section
the
like powers officer of the
of and do any
this Ordinance
acts
subject to the like restrictions as if Local Authority authorized under the provisions to enter relatingto nuisances any premises
thereon.
it is the satisfaction default in of the Central their
92.
that
a
Where Local
to
proved, to Authority have

nuisances
Board,
in dut}'^
may
I'ower Central
to
the
made
doing
Board
relation
under
of
this the
authorize
any
member
Ordinance, the Central Police Force, or any person

the
; and
Board named
to authorize in jiroceeding certain in nuisance.

cases
them,
the
to
institute any
proceedingwhich
to
by defaulting authoritymight
such
manner
respect
of
institute with Central
respect
such
nuisances in
a
officer
or
Boai'd,may recover of civil justice, any expenses proceeded against, from person
that any such
summary incurred by the Force used
him,
and
not
or or person, in any Court paid by the
member
or
of
the
a
Police
defaultingAuthority : Provided shall not be at libertyto enter

as
house
part of
house
the the
dwelling
warrant
of
any
person
without
for the
person's consent, or of carryinginto effect purpose Any

Local
such
without
of
Magistrate,
this enactment.
93.
be taken
to
would
afford
Authority may, if in their opinion summary ceedings proTaking of ])roceedingsin to an inadequateremedy, cause proceedings any
person
or
against any
the
in
the
Supreme
Court
of
British
Guiana
the
Supreme
for of
Court
enforce
abatement
Ordinance, or for the of, any persons relatingto nuisances, and
under of any nuisance this prohibition of for the or from, ment punishpenalties recovery any of this Ordinance against the provisions offending may order the expenses of and incident
to
aVmtement nuisance.
590
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1878.
all such them

to
proceedings to be paid out of this the generalpurposes (1.)Where

in the
an a
of
the
fund
or
rate
by applicable
Ordinance.
in
Special remedy for

abatement nviisance. of
94.
any
"
nuisance Local Court Court
exists
Hanitary District, the

motion for
is likelyto occur or Authority of such District of British

on
or
near
by
Supreme
of such
or on
Guiana
owner
on
apply, may in its civil jurisdiction, occupier of the to offending,

satisfied that
a
order which
the
the
such
or
premises on
enforce the
nuisance
exists,or
such
abatement
of pi-ohibition any
person nuisance. if it is
the
(2.)The
nuisance exists
Court,
or
motion,
order the make as likely to occur, may the nuisance circumstances abatingor preventing requirefor effectually of a nuisance. or prohibiting any recurrence (3.)Ihe Court, on any such motion, may also order the execution, be necesI'easonable and within as sary a time, of such works specified may nuisance to efi'ectually abate or prevent any such or prevent the direct the owner of any such nuisance, and may or recurrence occupier which to occur, of the premiseson such exists or is likely nuisance or the Local authorize such works the person execute or t o offending, may such works. Authority to execute to the Local (4.) Where Authority are authorized by the Court is such works any shall have Authority
execute to recover,
under
the
provisions
to execute
of
this works
section, the
and which
Local
by
all
full power parate execution any Local
such the the
immediately
the such
nuisance
works in and
exists,or
the
portion
of
against them,
premises on
costs
of
executing
incurred by the Local Authority expenses declare such costs, charges, Authority may and expenses to be privateimprovement expenses. the of effectually cost abating or prohibiting any (5.) Where of is estimated nuisance by the Local Authority not to exceed the sum
charges and
so
doing, or
one
thousand exercised
the dollars, any vacation under
be
by
one
under of the Court powers of the Judges of the Court.
this section
may
(6.)In
of the Court
and this
during non-session
section
of
the
Court,
the
one
Judges of the Court, (7.)Any Judge

the
to matter to
whatever
before
:
be exercised by any may be, the estimated cost may any such motion any is made nuisance
to
powers of the
whom
may the
refer
the
Court
Provided
that, where
dangei'ous
Court,
health make
the exists,
an
shall
order
Judge, before referring the matter of any directingthe execution

nuisance. lie from
:
works
actually
necessary
to
abate
the
(8.)An
this section
to
appeal
to
shall
the
Court
Provided
by any order that where
a a
nuisance
single Judge under dangerous
is, in the opinion of the Judge, proved to exist, the Judge to in giving tlie order, direct that any works actually necessary may, and shall be executed, notwithstanding any appeal, abate the nuisance thereupon such direction may be immediatelyenforced,notwithstanding
health any
appeal. (9.)Where
notice of appeal and fifty desires to appeal, any person for costs shall be lodged at an Otiice of the Registrar of British which the order is made within the from by on seven
dollars Cuiana the
days
day
Judge, and, appeal. (10.)The

section
on
in
default
of
so
doing, the
have the
Court
may
dismiss
the
Central Local
Board
shall
powers
conferred
by
this
the
Authority.
A.D.
1878.]
(11.) In
to
PUBLIC
HEALTH.
[No.
includes
3.
.501
this
section, the
either
terra
"works"
anything
sary neces-
be
done
by
way
of
construction,alteration, or
tion. destruc-
95.
a
Where
nuisance
under
to
this Ordinance
be
within
the District
of
Proceedings
where nuisance witliout District.
cause
caused by some wholly or partially appears their District, the default eominitted act or or taking place without Local to be taken Authority may take or cause against any person, in respect of such act or default,any proceedingsin relation to nuisances and consequences incidents by this Ordinance authorized, with the same such if took committed act or default were as or placewholly within Local
Authority
of
arises
their District.
convictions of any Ordinance 96. Where two against the provisions house have taken to the overcrowding of a relating place within a or were period of three months (whether the persons convicted were the of the Local not the application on same) a Magistrate may, the house is situated,direct the Authority of the District in which deem closingof the house for such period as the Magistrate may
Provision
case
in for
of two
convictions
overcrowding.
necessary.
For the "(1.) to nuisances, relating
"
97.
purposes
of
the
other
to
a
water
within
any ship or the District of
vessel
a
provisionsof this Ordinance lying in any river, harbour, or Local Authority shall be subject
in the
same
Applicationto ships and

vessels of
the
of jurisdiction
that
Authority
water to not
manner
as
if it
were
nuisances.
house
within
shall
such
or
District ; and
deemed be
river,harbour,
other
ship or any within the

within
the
vessel District
lying in
of such
a
any Local
Authority Authority as may Local Authority

whose District
be
the
District
of
Local
no
be have
nearest
prescribedby then been prescribed, the adjoins place where

or
Central
of
Board, and,
the such Local
where
Authority
or
ship
vessel
is
lying. (2.) The

vessel shall be
master
other for the vessel.
officer purpose
in
charge
of any
such
ship
be
or
deemed,
of the said
to provisions,
the
occupier
command
or
of such
ship or
(3.) This
or
to any
section shall not apply to any ship or vessel under the charge of any officer bearing His Majesty'sCommission, ship or vessel belonging to any Foreign Government. of provisions be in addition
98.
deemed
The
to
or
this Ordinance
relating to
nuisances
shall
be
Saving
of
to,
and
not
remedy,
under
proceedingunder
other Ordinance
same
any
any other law : Provided or both under any the
abridge of provisions
to
or
aifect, any
this Ordinance
no
right, other
or
remedies
relating to
nuisances.
ance
punished for the to relating

99.
offence and
shall be person of this Oi'dinprovisions
that
law
nuisances
under
other
or
enactment.
Every
Local
Board,
such
make shall,
Authority may, and, when requiredby the Central by-laws for regulating the keeping of animals, and
authorize
with the destruction of swine which
are
Making
of
hy-
toTeepinc'cl
animals.
kept
by-laws may in accordance
not
such
by-laws.
Offensive Trades.
100.
their
Every
establishes within
consent
of this Ordinance who, after the commencement person the District of a Town or Village Authority,without
Restriction establishment of offensive trade.
on
in
writing, any
noxious
or
offensive
trade, business,or
592
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878. hundred
every
a
manufacture and
shall
be in
on
liable
to
penalty not
so
exceeding two
thereof shall
on
forty dollars
who carries
respect
a
of
the
establishment established
every has not
; and
person is
business
dollars has
be
liable to
the
penalty not
exceeding ten
whether
for
or
day
been
which any
offence in
continued,
there
conviction
respect of the establishment

Making of by-laws as to
oflfensive trades.
thereof.
from time
to time
101.
Any
with
Town
or
VillageAuthority
to
may
make their
by-laws
respect
any
offensive
trades
established
with
of this Ordinance, in consent, either before or after the commencement order to prevent or diminish the noxious or injurious effects thereof.
or
Dut}- of Town Village

to
1 02.
or
"
(1 )
.
Where for
any
or slaughter-house,
any
manufactory,building,
Authority
complain to Magistrate of
nuisance
arising from
offensive trade.
causing any trade, business, process, or manufacture is certified to any Town or effluvia, Village Authority by their Medical and licensed medical Officer of Health, or by any practitioner, by any of the District of such Town or Village Authority, eight inhabitants of to be a nuisance or injurious to the health of any of the inhabitants the District,such Town or Village Authority shall direct complaint to
place used
be
made
before behalf
whose
a
the
Magistrate,who may trade so complained of
summon
the
on,
person
to
by
or
on
is carried
appear
before
Magistrate. (2.) The Magistrate shall inquire into the complaint, and if it carried on the business to the Magistrate that by the person appears which of effluvium is a nuisance is nuisance a or causes complained any of the the health of of the inhabitants and to or District, injurious any that such has used the best unless it is shown means practicable person ""or abating such nuisance or preventing or counteracting such effluvium, the person so or offending(being the owner occupier of the premises other person or or or employed by such owner occupier) being a foreman dollars and shall be liable to a penalty of less than ten not not exceeding twenty-four dollars,and, on a second or any subsequent of the penalty imposed conviction,to a penalty of double the amount of such for the last preceding conviction ; but the highest amount of the five hundred exceed sum case penalty shall not in any tion dollars : Provided that the Magistratemay suspend his final determinaundertakes condition that of to adopt, the person on complained
within
a
reasonable
time, such
order
or
means
as
the into the
Magistrate
efiect,for
may
deem
to
be
and practicable,
or
to
be
carried
abating
effects of
such such
nuisance effluvium.
mitigating
Town
as or
preventing
injurious
may, if
(3.) Any
such certificate
Village Authority
in this
they
to
think taken
fit, on
any
is mentioned
section, cause
be in
proceedingsin any Court of J ustice, or against any the matters in such certificate. alleged
Power nuisance from trade
on
person
respect of
to
"
103.
arises
or
a
Whei'e
any
house, building,manufactory,
of the last of
or
place which
to be
a
is
proceed where
offensive carried
certified in
pursuance
preceding
the
section of
nuisance of such
injurious to the health of any Town or Villagf; Authority is

or
inhabitants without
the
District
situated
such
to
without
District.
take, or cause Village Authority may that section in respect of authorized proceedingsby
Town in the the
be
I)istnct, taken, any

as
the
matters
alleged
if such
certificate,with
the
same
incidents
and
house, building, manufactory, or
place
were
situated
consequences within
District.
A.D.
1878.
PUBLIC
HEALTH.
[No.
3.
593
UnsoioiuL
Meal,
I'ic.
104. animal,
Any
licensed medical
may,
at
or practitioner,
any
officer and
Authority,
all
reasonal)le
times
carcass,
meat,
milk
or bread, flour,
of sale or of purpose the proof that man, such purpose,

or was
poultry, game, exposed for sale or deposited in any placefor the of for the food for sale, and intended preparation the not was same exposed or deposited for any
not
inspect any fruit, vegetaljles, fish, flesh, corn,
of any examine
Local
Power
to
'
"Jc!^^'^
the
party charged ;
game, to such
food of man, resting with meat, poultry, animal, carcass, bread, flour, or milk appears flesh,fish, fruit, vegetables, corn, or ofHcer to be unsound, unwholesome, metlical practitioner or intended
-if any for
the
and
such
unfit for
the
food
an
of man,
he
may
seize
to
and the
carry
same
away
the
same,
himself, or
Justice.
by
assistant, in order
have
dealt with
by
105,
meat,
milk of man,
so
(1.) If it appears to the Magistrate that any animal, carcass, bread, flour, or fruit, vegetables, corn, poultry,game, flesh,fish,
"
Power
to
Magistrate to
^j^j^ ^f unsound ^*''-
seized he
is
diseased, unsound,
condemn
unwholesome,
and
or
unfit
for the
food
so
shall
as
the
same
order the
it to be for sale
or destroyed,
meat,
disposedof
food of
at
man
to ; and
prevent it from
the
to
being exposed
whom
same
or
used did
for the
whose on or possession, sale,or in whose not shall be liable to a penalty exceeding found, was premises the same dollars for every or or pieceof meat, flesh, animal, carcass, or fish, fifty for the parcel of fruit, vegetables, or fish, or any poultry or game, for the milk, so condemned, or, at the discretion bread, or flour, or corn, of the Magistrate, without the infliction of a penalty,to imprisonment
the time of
person for exposure
belongs, or
belong
exceeding three months. Magistrate who under this section is empowered to has ordered the offender the be either Magistrate who may article to be disposedof or destroyed or any other Magistrate.
for any
term not
(2.)The
vict con-
the
106.
Every
any Local
person
manner
who
"
Penalty
person
on
(1.) In
the any
prevents
meat,
any
medical
any
Authority, from
carcass,
entering
officer of hindering or practitioner, and inspection inspecting premises

of meat,
animal,
purpose of man ; or Obstructs (2.)

or
fruit, vegeflesh,fish, tables, poultry, game, for the milk or deposited exposed flour, or bread, corn, for the food for sale and intended of sale or of preparation
or
etc.
when assistant, Ordinance,

a
his
impedes any such carryinginto
medical execution
officer, or practitioner of this the provisions
shall be liable to 107.

or
penalty not
exceedingtwenty-fourdollars.
"
(I.) On
officer
to
by
an
Granting of complaint made upon oath by a medical practitioner search warrant of a Local grant a for inirjioses may Authority, any INIagistratc officer to enter has
reason
warrant
any
such officer
or practitioner
in which such any building there is for believing that
medical
of
inspection.
kept
for for
or
concealed
any
animal,
and and
carcass,
meat,
poultry,game,
flesh,fish,fruit,
the the
vegetables, corn,
food of
food
man
of man,
for sale is intended flour or milk, which Ijread, unfit or is diseased, unsound, unwholesome, such and search to for,seize, any away carry
animal
594
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
1878.
or
other
article in order
to
have
the
same
dealt
with
by
Magistrate
under
the
provisions of this Ordinance.
ance (2.)Every person who obstructs any such officer in the performother of his duty under to any such warrant shall, in addition be liable which he not to be to a penalty punishment subject, may hundred dollars. one exceeding
Provisio7is Duty of Local Authority
to
cause
against Ivfeclion.
108.
medical
or
"
(1.) Where
of their
any Medical
Local Ofiicer the
Authority are
of Health and
or
of of
on opinion,
the
tificate cer-
any
other
licensed any house
premises
cleansed in disinfected
case
to
be
that practitioner,
cleansing
disinfecting of
and of
articles therein retain infection, to likely part thereof, and of any would infectious tend to prevent or check disease,it shall be the duty of such of such such
to give iûthority
infection.
notice
in
writing
to
the
to
a
owner
or
occupier
disinfect such
house
or
or
house
part thereof, requiring him within part thereof and articles,

notice is
so
cleanse time
and
in specified fails
notice.
(2.) If
and
not
the
therewith, he
continues
to
to whom person shall be liable to a
given
to
comply
dollars
penalty of
for the
to
not
less than
three
exceeding twenty-four dollars

make default
; and
Local be
day during which he every such Authority shall cause

and
owner
house
may
or recover
part thereof and

the
a
articles incurred
cleansed the
and disinfected,
or
expenses
manner.
owner
from
occupier
in
default
summary the (3.) Where
in
is, from
poverty
or
such house or occupier of any otherwise, unable, in the opinion
or
part thereof
the Local
of
the requirements of this section,such to carry out Authority,effectually enforcing such requirements on such owner Authority may, without with his consent, cleanse and disinfect such house or or part occupier, thereof and articles, and defray the expenses thereof.
Destruction of infected
bedding, etc.
of any direct the destruction Authority may Any Local tion infecother which been articles to have or exposed bedding,clothing, from infectious and disorder, give compensation any dangerous may
109.
for the
Provision
means
same.
of
110.
necessary
Any
Local
Authority
and which
may have
provide a
for the become
to
of disinfection.
apparatus
other
attendance,
disinfection
place,with all proper disinfection of bedding,

infected,and
free of may
cause
clothing,or
any
Provision of
articles
articles
brought for
be disinfected
charge.
conveyance for infected persons.
111. or a Any Local Authority may provide and maintain carriage suitable for the conveyance of persons suffering under carriages any infectious of conveying therein any disorder,and may pay the expenses other ])lace. so (jr sufferingto a hospital person
or hospital placefor the reception of of a Local Authority,or within distance of convenient which the Local such to a District, Authority entitled who is to remove are sufferingfrom any patients, any person is without disorder, and dangerous infectious lodging or proper than in or one accommodation, a room lodged occupied by more is board certificate or on or a on signed vessel, family, any ship may, of any be by a licensed medical removed, by order practiti(jner, such of the Local the to at cost or Magistrate, hospital place
Removal infected
of
112.
"
person without
the
sick
is
(1.) Where any providedwithin
suitalile
the District
proper
to
lodging
of
by hospital
order
Magistrate.
596
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
disinfected testified
not
to
a
the
satisfaction
of
licensed
medical be
practitioner (as
a
by exceedingone (2.)For the

or
certificate hundred
signed by
dollars.
him), shall
liable to
penalty
hotel,
to
tavern,
person
inn
of this section, the keeper of an purposes shall be deemed to let for hire part of a, house
as a
any
admitted
guest into such
hotel, tavern,
or
inn.
Penalty
person house
on
117.
Any by
any
person
letting making
as
lettingfor hire,any
a
false statement
to
infectious disease.
house, as to having been,

be
one
person the fact of therein
of lettingfor hire, or showing for the purpose house, or part of a house, who, on being questioned negotiating for the hire of such house, or part of there person makes
being, or
a
within
six weeks
previously
any
sufiering from
false
answer
disorder, knowingly
at the liable,
tious any dangerous infecsuch to questionshall
discretion of the
or
hundred
term
dollars
not
to
Magistrate, to a penaltynot exceeding hard labour, unprisonment, with or without

month. may
seem
for any Making of regulations for
exceedingone
Central the Board
118.--(1.) The
regulationsas
to
Board may
from fit with
time
a
to
time the
make
such
view
to
treatment
epidemic,
endemic,
di and
affected with ^^ persons and infectious disease, or

seas,
cholera,yellow fever, or
preventnig
of the
as
ses"^
rivers, and
waters
the
Colony
such
endemic any epidemic, the thereof, as well on spi-ead land, and may declare by on
what
authority or (2.)Every
authorities
who
regulations shall
or
be enforced
and
executed.
person be
wilfullyrefuses
execution
a
neglects to
made
obey
or
carry out, this section
or
obstructs
the
of, any
regulation
under and
shall
liable to
penalty not
Hospitals.
exceedingtwo
hundred
fortydollars.
Power
to
119.
Central District
--(I.) Every
or hospitals
Local
Authority may,
for
and,
of the
when
required by
of
the
rity
to
provide
Board, shall, provide

temporary
may,
"
the
use
the
inhabitants
their
District
places for
receptionof sick,and placesof reception ; or hospitalor part of
hospitals.
they
for that
purpose
(a.)Themselves (6.)Contract
hospital or
build for the
such
use
or hospitals
of
any
or
such
placeof reception;
(c.)Enter
into
management
inhabitants
other
sum as
with having the agreement any person any of any hospitalfor the reception of the sick
of their may be
District, on
payment
of
such
annual
or
agreed on.
Authorities may combine in
common
(2.) Two or more hospital.

Any
expenses in
Local
providing a
Recovery
of
120.
ill
a
incurred
a
maincost of tenance of in [)atient
hospitalor (whether or not

a
temporary
to
belonging to
be
hospital.
shall be deemed pauper Local Authority,and may after his from
Local a Authority in maintaining place for the receptionof the sick such Authority) a patient who is not be a debt due from such patientto the
by
recovered such
from
liim at
any
time
within
six months
or
dischargefrom
his estate, in the event
of his
or reception, hospital or place. dying in such hospital
placeof
Power Local and
to Authority to
121.
be may reasonable
Every
Board, shall,provide
provide regulate dispensaries.
Authority may, and, when requiredby the Central medicines and maintain dispensariesat which oVitained and medical compounded at ])rescriptions prf)perly charges; and the Local Authorities may make by-laws for
Local
A.D.
1878.1
PUBLIC
HEALTH.
[No.
3.
597
regulating such
to
whom
luedioino shall be
the issue of dispensaries, and supplied,
the
merlicines thereat,the persons charges to be made.
PrevenHon
of Epidnnic, Endemic,
any make
and
Infectious Diseases.
122.
Whenever is affected B(jard may

"
part
with, or
Central purposes,
by, any
to Vje threatened Colony appears Making of regulations for infectious the or endemic, disease, epidemic, prevention of of the for all or following regulations any epidemic, endemic,
of
the
namely,
and infectious diseases.
of the dead ; (I.) For the speedy interment visitation house house For to ; and (2.) aid and accommodation, for (3.) For the provisionof medical promotion of cleansing, ventilation, and disinfection,and guarding againstthe spread of disease ;
the for
and
by order, declare may, in force within the whole

Locil within
or
Authority,and
the may,
to
made to be or any of the regulations so in any part or parts of the District of any apply to any vessels within the Colony or all for the thereof period in subsequent order, abridge or such
territorial waters
order such
mentioned, and
by
any
extend
period.
or (1.)The Local Authority of any District within which declared issued by the Central Board are so regulations execution to the thereof,and see to be in force shall superintendand and officers or persons, other such medical shall appoint and or pay be do and provideall such acts, matters, and things as may necessary or for mitigating any such disease, or for superintending aiding in the the case for executing the same, of such as execution or regulations, require. may cution (2.)The Local Authority may from time to time direct any proseviolation or for or in respect of the wilful or legal proceedings neglectof any such regulations.
123.
"
Dut\to
of Local to of
part of which
Authority
see
execution
regulations.
124. entry
Board
on
The any
Local
Authority premisesor vessel

of any
and
their
officers of
shall
have
power
of
Power
of
for the
purpose
so
the execution
as
regulations
executing or issued by the
intendingexecution superof Central regulations.
entrj' for
aforesaid.
125.
"
(1.) Whenever
Central
a
in
J
compliance
Officer service
with
any
so regulation
issued
Right of
medical
by
the
Board
as
aforesaid,any
Medical
medical any
on
licensed
medical under
practitioner,licensed
the
Governor's
other
than
Government
acting
on
instructions, performs any

be
board
on
entitled
extra
to
charge
of
for
service
account
rendered
of
practitioner he shall to costs of vessel, any on board such vessel, attendance

board vessel.
with
he
remuneration habit and such
distance,
at
the
same
rate
as
is in
the
receiving from
on on
those the
with
attended
of
treated vessel expenses
captain
any
privatepatientsof the class of shipboard, such charges to be paid by behalf of the owners thereof,together
of the sick.
reasonable of
for the treatment
may
(2.) In case (where the charges do not by a Magistrate ; and

the
amount
dispute in
respect
exceed
of
such
one
hundred
charges, such dispute mined dollars) be deterdetermine

marily sum-
such
Magistrate
the
shall
which the
is reasonable,
rate
on
of
charge within
placewhere
as
accordingto the disputearises for

whom
accustomed attendance
patients of the
like class
those in respect of
the
charge is
made.
598
No.
3.]
126.
The
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Power
secure
to
or
Central
two
or
Board
more
combination Local among Authorities.
requireany
of the
if they think may, Local Authorities
fit, by order, authorize

to act
togetherfor
the
the
purposes and of epidemic diseases, and of
of this Ordinance provisions may the prescribe

costs
to relating
mode
of
such
prevention joint action
defrayingthe Every
person
thereof.
"
Penalty
person
on
127.
who
any
violating or obstructing
execution of
(1.)Wilfullyviolates
aforesaid ; or (2.) Wilfullyobstructs
as
so regulation
issued
by
the
Central
Board
regulations.
the
execution
a
of any
acting under any person such regulation,
the
authority or
in
shall be liable to
penalty not exceedingtwenty-fourdollars.

Mortuaries, etc.
Providing by
Local
128.
dead
Authority mortuary.
of
may of the
tral (1.)Any Authority may, and, if requiredby the Cenand fit for the a shall, Board, provide place reception of up proper bodies before interment called a mortuary) and (in this Ordinance make and by-laws with respect to the management chargesfor use
"
Local
same.
(2.)They may at charges to

may
Power certain to order of to removal dead in
cases
also
be fixed
a
provide for the decent by such by-laws,of body

in
a
and any
economical
ment, inter-
dead
body
of
or
which
be received
into
mortuary.
the
of any
room a
129.
"
(1.) Where
disease
is retained which
same
person in which
state
as
who
has
died
live
any
fectious in-
persons
to
or sleep,
body
any the
room,
dead
inmates
body
is in
such
or
endanger the
in such
health house
of
or
of the
house
room,
is retained
mortuary.
certificate signedby a licensed medical on a any Magistratemay, order the body to be removed at the cost of the Local practitioner, Authority, to any mortuary provided by such Authority,and direct
the
same
to
be
buried
or
within
time of
to
be limited
deceased
in
such
unless
the wuthin of the
friends
relations
so
the do
undertake
same, to be
order ; and, to bury the

be
at
body duty
the time Local any

a
limited,and
to
cause so
bury
such may any
the
it shall buried
the their
Authority
expense
body
expense the
; but
incurred from
be recovered
person
Authority in
expense
manner summary of such burial.
by the legallyliable
of
an a
Local
to
pay
who obstructs the (2.)Every person under shall this section by a Magistrate dollars. exceedingtwenty-four
execution be
order
made
liable to
penalty not
the Central
than
at
Providing by
Local
1 30.
"
(1. ) Any
for the
Local
Authority may, and, if requiredby

maintain
a
Authority of place for post-rnortem

examinations.
Board, shall, provideand

a
mortuary)
conduct
of reception
dead
proper bodies
place (elsewhere
to
any
post-mortem
examination
ordered
during by
the
a
time
required
or
Coroner
other
and make regulations with respect to the authority, may of such management place. Coroner other a or (2.) Where any such placehas been provided, order the removal constituted authoritymay of the body to and from sucli placefor carrying out such post-mortem examination, and the costs of such removal shall be paid by the Local Authority. Cemeteries and Interments. any
constituted
Power Local
for to
Authority
131. (1.)It shall be VillageSanitary District

"
lawful
or
any
for the Local Authority of with Country Sanitary District,
the
A.D.
1878.]
of the Central
PUBLIC Board
for
HEALTH.
of
[No.
to
3.
establish ^^'"eteriea.
599
approval
cemetery
Health,
establi.sli
to
general
and
for such
and district,
under lands, and to borrow money Local The Authority, with the approval of the Central (2.) allot any part of such cemetery for the exclusive of Health, may denomination. religious or any Church
acquire purpose section 185 of tliis Ordinance.
that
liold
Board
use
of
(3.)The
matters
Local
"
Authority may
make
by-laws for
all
or
any
of
the
following :
and control of any cemetery established (a.)for the management for order therein ; preserving by it,and and position of graves ; the for size,deptli regulating {h.)
(c.)for regulating Vjurials in such cemetery ; and [d.)for fixing the fees to be paid for graves and in respect burials in such cemetery. (18 of 1903, ss. 3-5.)
132.
"
of
regula- Making of (1.) It shall be lawful for the Central Board to make legulations as of any human in an unsuittions for preventingthe interment corpse the of from able placeor in any proximity dwelling-houses^^ place where, human the puljlic to otherwise, danger might arise from such interment or corpses, the time after death within which ments such interhealth, and for limiting shall take place. (2.)Such regulationsmay apply to any part of the Colony therein and different regulations apply to different parts of the specified, may Colony. shall (3.)Every person who offends against any such regulation hundred dollars. be liable to a penalty not exceeding one (s. 60, amd. 5 of 1901, s. 2.) to make regulations (4.)It shall be lawful for the Central Board used burial grounds, with cemeteries to or as places regard any prescribing in which The manner they shall be laid out ; (rt.)
The {b.)
(c.)The {d.)The
And
proper
from of graves of depth graves ; of bodies which number distances
one
another
be may
may
as
buried
in
one
grave
all such generally,
other matters
s.
be necessary
for their
regulation. (20
of 1904,
(2).)
III.
Provisions. Street^. materials of all streets
Control ^^''êts. of
PART
Local Government
of Regulatioit
133. within
and
"
(1.)The pavements, stones, and other Town or VillageDistrict shall vest in

streets
the
Local Local
cause
all such
shall be
under
the
control time
of the
to
Authority ; Authority.
all such
(2.) The
streets
Local
Authority
shall from
time
injures pavements, stones, materials, fences, or posts of or the trees in any such street, shall be liable to a penalty not exceeding twenty-four for every and not to further a dollars, exceeding two dollars, penalty,
up
or
to be kept in proper order. (3.)Every persf)n who, without the consent or or Authority,wilfully unlawfullydisplaces
of the Town takes
or
Village
who
the
square
foot of
stones
or
other
injured; and he pay to the Local

award,
shall
be
in liable,
Authority (s.131.)
such
taken displaced, up, or to trees, to any injury the as Magistrate compensation may materials the
so case
of
600
No.
3.]
134.
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Power widen
to streets.
(1.)Any
Town
or
Village Authority may,

otherwise
street.
with
the sanction
purpose of for
of the
Governor-in-Council, purchase any

of
premises for
improving
any
the
any
widening,opening,enlarging,or
the purpose
street,
or
making
the
; and
any
new
(2.) The
may shall be direct how borne
expense of such
in
sanctioning
borne
purchase and
purchase, completing the work

manner
such
the expense
shall be
in the
directed.
(s.132.)
Regulation of Buildings.
Making
of
135."
(1.)Every
Local
by-laws
3inSer
their Sanitary District, may matters, that is to say,-
in Authority, with respect to all buildings the with to make following respect by-laws
(a.)The height to the ground ; (b.)The minimum

the floor to the
The (c.)
as
a
which
the
ground
each
floor shall be
raised
above
height plate;
size of
;
of
story, and
to
the
height from
any person
minimum
room
each
room
be
used
by
to
sleepin
{d.) The (e.)The
internal
ventilation space
of each about
room
;
secure
a
of sufiiciency
buildingsto
free
of air ; ventilation of The line in any street; buildings {/.) of The to water-closets buildings drainage {g.) connection The (/;,) human with
and
in cesspools for such
closing habitation,and
buildings ; and of buildingsor

the
parts of
buildings unfit
their
use
of prohibition
for
habitation.
(2.)They may by enactingtherein
providefor the observation of such by-laws as they may think necessary as to provisions ing intendthe giving of notices and as to the depositof plans by persons and Local the to to construct a s Authority, by buildings, inspection order requiring the of such Authority to apply for an to the power as work of any removal, alteration, or taking down begun or done in of this that the provisions of this Ordinance contravention : Provided section shall not apply to buildings belonging to His Majesty or to the Colony, (s.133.)
further
such
Commenceand made to
ment of works,
removal of works
136.
Where
by-law made any shall, within fourteen by

them the and the and
or
contrary
their
required Authority by any Local has been delivered or sent to days after the same of their in approval or disapproval Clerk, signify writing
a
of notice,plan, or description
any Authority, the
work
is
Local
by-laws.
intended
if the work
work
to
the
is commenced such
who person after such fourteen
the same to execute ; proposes before notice of disapproval or
expiration of
period of
days
without
such of
on
approval,
the the the Local person
same.
is in any respect not in conformity with any Authority,the Local Authority may apply for an
by-law
order
or
causing
such
work
to
be
executed
to
take
down
alter
(8. 134.)
Continuing
offence in
137.
offence
to
"
(1.)Where
the penalty,
the
beginning
the otfender of
or
execution is liable in
of
any form
work
any
is
an
in respect whereof
a
respect of
a or
law byas
respect of
work.
existence
the work
in such
state
A.D.
1878. contravention
PUBLIC
of the bv-law
HEALTH.
[No.
deemed
to
3.
60J
to be in
shall be
be
continuing
offence.
(2.)Where
any
work
is commenced
or
maintained
in contravention
of any by-law, the Local order to any Judgt^ of the

to
Authority
Supreme
to to
may, Court
by petition,apply fc^r an (who is hereby authorized

causing the
work
same, to
so
grant
the
or
same) requiringthe
maintained
take pay
person
be
as
so
commenced
confoi-m
down
or
alter
the
to
to such
by-law,and
lot is
all the expenses
incurred
thereby,
Sub-division
^^
(s.1 35 )
Where -(1.) any Country SanitaryDistrict
138.
"
land in any or Village shall be lawful it not to rated, separately

or
share
of any
^'
sub-divide
any
such
lot
or
share,except with
or
the
sanction
of the Central
Board.
(2.)Any su})-division hereafter made of this section shall be null and provisions
void.
attempted contrary (s.136.)
to
the
Regulation of
139.
Trades.
Ever}'Local
make shall,
Board,
tral Making of Authority may, and, when requiredby the Cenby-laws for sale of the for regulating provisions, by-laws regulatingsale
of
(s.137.)
140.
that
provisions.
Any
the
"
Local
Board, do
Authority may, with the consent things,or any of them, within following
a
of
the
Central
Power
their District, regulate

markets.
to establish and
is to say,
(1.)Provide
conveniences
and market-place
construct
market-house
and
other
(2.)Provide (3.)Make convenient (4.)Provide all such

convenient
use
or
of for the purpose for houses and places

matters
holdingmarkets ; weighing carts;

;
approachesto such market and thingsas may

market
;
be
necessary
for the
of such
take
on
(5.)Purchase
markets and
lease, land
of the
and
publicor privaterightsin
; and
use
(6.)Take
141.
;
for any tolls, stallages, rents, and market,
tolls in
foregoing purposes respect of the
by
any
son per-
of such
(s.138.)
Any
and and
Power to provideslaughterhouses Authority may, if they think fit, establish and the to with make respect by-laws they ment manageregulate so provided, slaughtercharges for the use of any slaughter-houses
Local
shall
(s.139.)
142.
The
owner or
houses.
of
to
of occupier
any
licensed slaughter-house
one
or
tered Affixing of regisnotice
under
or
this Ordinance the
within shall,
month
after
the
licensing licence
of registration
some
on legible,
words
as
"Licensed
case
the
may
and slaughterpremises,affix,and shall keep undefaced house. conspicuous place on the premisesa notice with the or "Registered Slaughter-house," Slaughter-house" be. (s.140.)
or
143.
the and
Every
make
Town
VillageAuthoritymay,
and
maintain
and, when
baths
and
required by
Power
to
vide proregulate and
Central may
Board,
erect shall,
by-lawsfor
Town
or
the due
thereof, regulation
wash-houses, (s.141.)
the proprie-
and baths washhouses.
144^
"
(1) Any
Village Authority may
licence
Power
to
of horses, ponies, and conductors mules, or tors, drivers, and with the for hire within the District,in like manner
VOL. I.
asses
standing
41
^^^^^^^ '^'^^
like incidents
602
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1878.
and
drivers of hackney and of proprietors in the case as consequences and stands rates for and make fixing regulating carriages; by-laws may drivers and conductors, and of such of hire,and as to the qualification
for
securing
of
their Town
good
or
and
(2.)Any
persons carried
rates
orderly conduct Village Authority

vessels
; and
while may
in
charge.
the
also license
tors proprieor
pleasure boats
in of such
and
for
hire, and
make
the
number
boatmen for
other
charge thereof
boats the
may
by-laws
the
for the
regulatingthe
of persons and for
to
numbering
of hire
and
vessels,and
be
therein, and
and for the
mooring
places
same,
fixing
charge,and (s. 142.)
securing
boatmen of such or qualification their good orderlyconduct
other while
in persons in charge.
PART General
IV. Provisions.
Contracts
General
of powers of contract Local
145 45.
Any
Local
Authority may
enter
into
any
contracts
necessary
this Ordinance for carrying, carrying
into execution,
(s. 143.)
Authority.
Provisions contracts Local Authoritv.
as
to
146.
With
respect
the
by
this Ordinance,
say,"
by a Local Authority under following regulationsshall be observed, that is to

to contracts
made
(I.)Every
or
contract
made
two
by
Local
amount
exceeds
hundred
and
Authority, whereof forty dollars
the shall
value be in
writing; (2.)Every such conti'act shall specifythe work, materials, matters, or things to be furnished, had, or done, the priceto be paid,and is to be performed, the time or times within which the contract and shall specifysome pecuniary penalty to be paid in case the of the contract not terms are duly performed ; the probable of any works (3.) Before contracting for the execution dollars under the and exceeds hundred cost of which two forty from obtain shall of this Ordinance, a Local Authority provisions of the well estimate in wi'iting, as some able proban qualified person of as of executingthe work in a substantial manner, expense the to also the annual of the as a same report repairing ; expense
most
advantageous mode by contracting only for

also
;
of the
contracting,that
execution in
is to
or
of the work,
a
say, whether for executing of years,

or
and
maintaining the
any
contract
same
repair during
or a
term
otherwise
(4.) Before
dollars
and
same,
or
of
the
value
amount
of
fi\'e hundred
upwards
at
is entered least
into shall
public notice
purpose and such
the
Authority,six days' by be given, expressing tlie nature

Local for the execution of the
thereof,and
inviting tenders
and take sufficient secui'ity Authoiity may recjuire for the due performance of the same ; and entered into by a Local Authorityin conformity (5.) Every contract with the by the provisions of this section, and duly executed other partiesthereto,shall be binding on the Authority by whom all other parties the same and on is executed and their successors,
thereto,and
successors,
or
their
executors, administrators, heirs, representatives,

all intents and
assigns,to
pui'poses
Provided
that
604
No.
3.]
THE
LAWS
OF
liRITISIf
(ÛIAXA:
[A.D.
1878
reasonable
and
hours, and
"
of land they require stating the (iiiantitv ;
shall further
a
{h.) Serve
case an
notice
on
every
owner
or
reputed
to
owner,
lessee
or
lessee, and i-eputed

the
answer or
occupier
of
such
lands particular
intended
the
lands,defining in each be taken, and requiring
stating whether
is neuter the
in respect of
sents, served assents, disso person lands ; the taking of such
(3.)On
to
compliance with
and
a
provisionsof
Local the
this section
with
respect
if
advertisements
notices, the
Authority may,
be
they
The poses pur-
think
fit,present
state
petition to
the
to
petitionshall
for which
lands intended
taken, and
of the
the
lessees,and
or
are
and they are required, who lands of the occupiers in
the have of
names
owners,
neuter
no
returned
force
to
answer
respect of the to the notice

reference the said of
taking
; and
such
assented, dissented, lands, or who have

the
to
Authority may,
the powers
with
to
such
it sh ill pray that lands, be allowed than
Local
incorporatedOrdinance
otherwise
such
the
purchase and
prayer of receipt
taking
shall may such be
of lands
put in respect by agreement ;

wdth
as
and
such
Governor-in-Council
(4.)On
the
supported by require ; the same petition,

Board,
on
evidence
the
shall be
referred to the
the
Central
Board
and
the Central
been
due
proofof
advertisements take such

as
having
published and
notices shall prayer Central
served,
direct
a
proper shall
inquiry
;
to
petitioninto consideration, and of assenting to the the propriety completion of

sees
local
of such
tion petishall
and the
to
(5.) After
report
may, the if
such
the inquiry,
;
Board
the
he
Governor-in-Council
fit to do
so,
and
the the
Governor-in-Council
Local
put in force,with
powers of the
reference said of
empower to the lands
vVuthorityto
order,
to
or
referred
than
to in such
Ordinance incorporated
lands
with
respect
the
of and
purchase and
taking
otherwise
by agreement,
such
of them, and either absolutelyor any the Governor-in-Council modifications as be

so
with
may
serve
conditions
;
direct
a or
and
in
it shall
the
duty
in whom
:
of
the
Local
Authority
and
on
to
copy
of any
order
which be
made
on
the
manner
the
and
notices
in
respect of
orders
person such lands
persons
are
requiredto required to
or
served
Provided served
on
that
a
any number
notices
or
by
this
section
be
in undivided
on
shares
behalf
of persons having any rightin, over, be served more or on any three may of all such persons (s.147.)
on
lands,
sons per-
of
such
Power anda.
to let
150.
Any
Local
Authority may,
term
with
the
consent
of
the
as
Central
when
Board, let for any
any
lands which
the
same.
they
can
convenientlyspare
they may (s.148.)
possess,
and
Arhiiration.
Mode of to
reference
(irbitratioii.
of any compensation to dispute as to the amount of this Ordinance (except where the provisions mode of determining the same is specially providedfor)and in case of directed to be which is authorized or by this Ordinance any matter the appointin settled Ityarbitration, concur then, unl"!ss both parties
151.
In
case
of
be
made
under
the
A.D.
ineiit
1878.J
of
a
PUBLIC
HEALTH.
[No.
an
3.
605
each arbitrator, single
party shall appoint
arbitrator
to
wlioiii the matter
shall be referred,
to arbitrations
(s.149.)
under this Ordinance
"
1 52.
With
respect
be
the
following Regulations
as
shall regulations
that observed,
of
an
is to say,
to
arhitrations.
(I.)Every appointment
ne in
arbitrator
shall be
under delivered
this
Ordinance the
shall
writing
such
(2.)Every
and
shall
appointment
deemed
;
a
to
arbitrators,
the
be
submission
to
arbitration
by
parties
making
the the
same
(3.)After
death
of
making
without
of
Ije revoked
any such the consent

as a
appointment,the same of both nor parties,

revocation after
; matter
shall not
shall the
either party operate

the space notice has of
or
(4 ) If, for
fourteen
days
to
authorized
directed
be
any settled who
by
this
dinance Or-
by
has
arbitration
has
one duly appointed party given to the other party stating the matter to be referred and accompanied by a copy of such appointment, the the is given fails to appoint an notice arbitrator, party to whom arbitrator appointedby the party givingthe notice shall be deemed behalf of, both parties shall act on to be appointedby, and ; of matter the determination so before referred, any (5.) If, any arbitrator dies or refuses or becomes incapableto act, the party by such arbitrator whom other was appointed may appoint in writing an-
arisen,and
an
in
writing by
arbitrator
been
person space in that
in his stead
; and
if such in
of
seven
days
so were
after
notice
party fails to do so writing from the other

may have the in
same
for the
party
and and the
behalf,the remaining
arbitrator
as
arbitrator shall
proceed ex jxirte;
wliose
powers stead
every authorities
appointed
vested
in
the
arbitrator
appointment ; (6.)If a singlearbitrator

the
one
is made
dies
or
becomes make within
incapable to
his award
act
before
making
of his his
days
as
after
award, or fails to appointment, or

been
within
twenty-
such
extended
that
to
time, if
purpose, reference
any, may the matters under had the been
have
referred to
duly appointed by him for shall be again referred him

this Ordinance,
as
arbitration
of provisions
if
no
former
made there
;
are more
(7.)Where
under
arbitrators
on
than the
one,
the
arbitrators
be
shall, before
their dies
they
hands,
or
enter
an
the
reference, appoint,by writing

person
umpire
forthwith
becomes
umpire ; and if incapable to

person
to
appointed to
arbitrators
act, the
shall
trators arbi-
appoint
refuse
or
another
in
neglect
do the
after
being requestedto
Board
;
so
Central
an
shall,on
appoint by any party to of any application

make the their
if the his stead ; and for seven an umpire the
days
arbitration, the
such
party, appoint twenty-one
umpire
(8.)If the arbitrators days after the day

within such
fail to
on
award
within
was
which
last of them
as
extended them
for
time, if any,
that
may
have
appointed,or been duly appointed

referred
sliall be
by
determined
purpose,
an
the
matters
by
the umpire ;
(9.)The
two
time
for
making
in any the date
an
award
of
by
arbitrators
under
the the time
this
Ordinance
months
an
shall not from award
case
be extended
beyond
;
of ])eriod for in
the
submission
and
making
by
umpire
under
this Ordinance
shall not
606
No.
3.]
any date
case
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
months
1878.
be extended
beyond
of the
or
the
period of
to
two ;
on a
from
the
of the reference
matters
him
(10.) Before
any this Ordinance before

"
arbitrator he
mnpire
and
enters
reference
under
shall make
subscribe
" "
the
tion followingdeclara-
Magistrate, that
is to say,
sincerely declare I, A. "., solemnly and skill and honestly, and to the best of my
the
matters
that
will
and faithfully and determine
hear ability,
referred
to
me
under
the
Public
Health
Ordinance, 1878.
A.li.";
(11.) Such
and
declaration arbitrator
or
shall
be
annexed who
a
to
the
award
when
made;
to such
any declaration
umpire
wilfullyacts
;
contrary
shall be guilty of
misdemeanor
(12.) Any
the
arbitrator, arbitrators, or
may
umpire appointed by
he may
virtue
of in
this Ordinance
require the
power of the
possessionor
for
production of such either party as they or

matters
documents
necessary the parties or
determining
their of and
referred,and
think may examine
witnesses
upon
oath ;
shall be
case
(13.) The
referred
costs
discretion
are
of
the
consecjuent upon the reference arbitrator arbitrators, or, in or
in the
the matters this
determined
to
by
a
an
umpire, of
under the the of
the
umpire.
(14.)Any
Ordinance Guiana thereto
submission may its civil be
arbitration rule
the
provisionsof
Court any
made
supreme
of British
in
on jurisdiction,
applicationof
of
an
party
; and
(15.)The
under the
award
of
an
arbitrator
shall be
or
arbitrators, or
and
this Ordinance
final
binding on
under
one a
all
umpire, to parties
reference, All
(s.150.)
arbitration less than this Ordinance hundred
Reference claim under
of
153.
may,
when
the
at
questionsreferrible to in disputeis amount

the
dollars, be
; but
^100 to Magistrate.
determined,
which of the the
option
of the
of either
party, before
is
Magistrate
work and in the
the
Magistrate may,
claim
if he
thinks Local
fit, require that
any
respect of
claim, shall
of the of Local
costs
being
amount
any
part of them
made, particulars Authority not reportedon to him by any qualified person the determine and the Magistrate may Authority ; such and by whom costs or in that behalf incurred shall be paid. (s.151.)
be
By-Laws.
Authentication of
154.
purposes members made
All of of
by-laws
this the Local
made
by
Local be
Authority
under all the
under of and
and
one
for the of the
Ordinance
shall
hand
by-Iaw.s.
Authority ;
shall be the
and
under
by-laws
seal.
by
made
same
the Central
Board
their
regulations (s.152.) by
any
Power
to im-
155.
laws the
sum
Any
such
Local
Authority,or
under this
Central
Board,
on
may,
pose penalties for breach of
by them
Ordinance, impose
or,
otienders
byagainst
the
sum
by-laws.
reasonable
as they think penalties
not fit,
exceeding
of
a
in this specified
Ordinance,
where
no
sum
is
case
the specified,
each
twenty-fourdollars for each oflence, and offence, a further penalty, not exceeding
of after written notice of the ofi'ence from all such of the
in the
ten
continuing
dollars, for
Local
so
day
; but
the
full
Authority
framed
of
as
by-laws imposing any

recovery
of any
sum
penaltyshall
the
Ix;
to allow
less than
amount
the
penalty.
(s.153.)
A.D.
156.
1878.]
No
PUBLIC
HEALTH.
[No.
no
3.
6o;
regulation made
effect unless the the Governor
same
as
by Ly-law made l)ythe Central

until the Court may
same
Local
Authority, and
under submitted may allow
to and
or
by-law
or
Confirmation "^^ "y-'*^^'**-
Board,
has been
this Ordinance
shall take confirmed
and and
by
alter
of
who Polic}',
disallow,or
they
think
proper,
Ordinance
to
(s.154.)
any
Alteration
'*'
Local Authority or the or by-laws regulations for any the Central the Local herein Board or Authority specified, any purpose add such have been or alter, made) regulations (when by-laws may any such by-laws or regulations for any such purpose to, or repealany ; but addition such alteration, or no repeal shall take efiect until approved of by the Governor and Court of Polic}'.(s.155.)
157.
Where
under
this
Central
Board
are
authorized
make
'bylaws,
by a Local Authority, and eveiy by-law Every by-law made is settled and and regulation made by the Central Board, after the same shall be binding on and Court of Policy, all approved by the Governor
158.
Operation of by-laws when settled by the

(iovernor
and
concerned, and persons effect in all respects and

were
an
shall,until
revoked
or
altered,have
the
same
(_'o\irt of
enactment
if such for all purposes as contained in this Ordinance,
by-law or regulation Policy. (s.156.)

Sujiplyof
copies
bv-laws. of
159.
furnish
Local
every
the application of an3M"atepayer, on Authority shall, made of a or proposed by such by-laws copy any of eight cents for of Authority,or any part thereof,on payment in such copy. hundred words contained (s.157.) The Local with him
160.
"
(I )
or
All for
by-laws
any purposes Local
made
by
same
a as
Local
or
Authority
to
under
of
this this
in
to
Notification of bv-laws.
Ordinance,
Ordinance
the
similar be
those
be
under
Ordinance, shall
a
printedand
shall
the Oliice of such

iu\\
ratepayer
Authority ; and of the District to
copy which
thereof sucli
hung up delivered
by-laws relate,on
his
for the same. application A (2.) copy of any open

to
made b^'-laws
by
Local
the inspectionof any
ratepayer
at all
reasonable
Authority shall be hours, (s. 158.)
made under this Ordinance, Publication (1.) All by-laws and regulations of and Court of Policy, and approved l)ythe Governor shall and jjroof by-laws. Gazette. be publishedin The Official Gazette containing a copy of (2.)The production of The Official such l)y-laws evidence thereof for all or regulationsshall be conclusive in force,unless the pei'son disputing and that the same are purposes, that such by-laws or regulationshave the validity thereof can prove and Court been altered or I'epealed witli the approval of the Governor of Policy,(s.159.)
161.
"
when
settled
and Officers
Conduct
of Business
from
a/
Local
Authorities.
to
as
162.
fit and and
Every
Local
Authority shall
to
time
time may
:
appoint such
necessary Provided that be
Appointment
proper persons for the efficient execution proper such
be
ofiicers and
servants
"^".!^*^f'^^
of Local
of this Ordinance
empowered by any other Ordinance in force this enactment such their District to appoint any officei', may under of this Ordinance be deemed to be satisfied by the employment the officer so appointed, and no second appointment need be made under this Ordinance (s. IGO.)
if any within
Authority are
Authority,
608
No.
3.]
163.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Making of regulations
for conduct of officers.
Every
and
Local
Authority may
of the
make
regulations with
servants
so
respect
to
or
the
duties
conduct
officers and
appointed
employed, (s.161.)
164.
under their
Power
remove
or
to
Every
this
officer and shall
servant
officer
Ordinance
be
removable
ap2:)ointed by by the
Local
Local
Authority Authority at
servant.
(s.162.) pleasure,
A
Qualification
of Medical Officer Health. of
165.
unless
person
a
shall not
be
he is The
licensed medical
same
an
appointed Medical (s.163.) practitioner,

with the sanction
Officer
of
Health
Appointment
of officer for two or more Districts.
166.
be of such mode of such
appointed
of such
may, person officer for two

; and
of the
Central
Board,
or
more
Districts Board
Districts
the
Central and the
by the Local Authorities shall, by order, prescribethe

in which such the expenses officer shall be
appointment
and
proportions
appointment
the
borne 167.
by
"
such
Authorities,
salaryand (s.164 )
chargesof
Prohibition officer interested contract.
of in
or
being
Ordinance
appointed or employed under this (1.) Officers or servants shall in any wise be concerned the Local not by Authority made such Authority for with interested in any bai'gain contract or
of the
or
any
of this Ordinance. purposes such is so concerned If officer or servant (2.) any under colour of his office or or employment, exacts whatsoever other than shall be
interested
fee
or,
or
accepts any
reward he
or
incapableof shall forfeit and this Ordinance, and employment under which be recovered hundred of two and sum fortydollars, may full of action, with costs suit, by (s.165.) person,
Giving of security by
officer.
his proper salary, wages, and allowances, afterwards holding or continuingin any office pay the any
by
168.
any will
Before
or
any
officer
or
servant
of
Local
office
or
employment
be entrusted
under
with
this Ordinance
the
or
Authority enters whereof by reason

of
on
he
the
custody money, may him sutHcient he is appointed shall take from Authority by whom of such office or employment, and for for the faithful execution security be for all which to him entrusted by accounting duly moneys may thereof, (s.166.) reason
Local
control
Duty
to
of officer
render
accounts.
appointed or employed under this Every officer and servant Local and in such manner when as by a Authority shall, may them deliver and b(! requiredby such to true make a out Authority, him for received the and perfect in writing of all moneys account by and what for of this and to whom, how, Ordinance, stating purposes such have been disposed of ; and shall,together with purpose moneys made for all payments such account, deliver the vouchers or by receipts all the Local to the person him, and pay over Authority ])y appointed him the of balance accounts, on owing by (s.167.) inoneys
169.
Ordinance
Duty
to pay
monevs.
of officer
over
1 70.
rale
Every
under
such this
officer
or
servant
employed
any such
in the collection
made
Ordinance
on
within shall,
of
seven
days
over
after
he
of any has
same
received
to the
any moneys Treasurer or when
account
rate, pay
the Local
the
other officer
the Local
shall
(as and
Authority ; and appointed by list signed deliver a Authority may direct)

of and all persons the sums who have refused
or
))yliim, and
Jieglectedto
them.
containingthe
pay any such
names
rate
due respectively
from
(s.168.)
A.D.
1878.]
"
I'm
Lie
HEALTH.
[No.
or
3.
609
171.
(1.) If
any
a
officer Local
or
servant
"
appointed
to
employed
and
under
this Ordinance
by
,
Authority
or
Summary proceedings
aguiiiKt lefaulting
"
,
(a.)Fails
vouchers when
to
I'ender accounts
and
,
.
produce
over
deliver
as
up
and
officer.
receipts or
to
to
pay
;
any
moneys
rcfjuired by
this Ordinance the Local
or
(6.)Fails to deliver up in that after notice

books, papers, or relating power
Authority,within five days the Local behalf from Authority, all writings,property, and things in his possession
to
the
execution
of
this
Ordinance
or
belonging to
the Local shall
such
Authority,
trate Authority may complain to any Magistrate; and such Magisbefore a the party charged to appear thereupon summon Magistrate. of the party charged,or on proof that the (2.)On the appearance served on him or left at his las^t known was place summons personally
of abode
to
or
business,if
such any such
it appears
or
to to
render
and
any deliver up
accounts,
pay
or
the Magistrate that he has failed such moneys, to produce or over accordance
vouchers
property, or things as aforesaid this Ordinance, and that he still

may bail until commit he has the offender such up all
to
in
fails any
books, papers, writings, receipts, of with the provisions refuses to do so, the Magisor trate
to
Prison, there
remain
without and
rendered
acctjunts,
such in
paid
of be
over
such
the
moneys,
produced and delivered writings, property, and

made
section
:
books, papers, vouchers, receipts,

respect
which
things
Provided
for
a
shall not jierson periodexceeding six months. that

a
charge imprisoned under

be construed
was
this
(3.)No proceedingunder this section or discharge any surety of the offender (s.169.)
shall from
to deliver
any
whatever, liability
PART Ratixg
and
V. Powers.
a
Borrowing
or
AuthoVillage Mode of provided defraying for, shall be defrayed out of the general rates and taxes levied by j^nJ'urred*^ hv them all expenses incurred by a Country Authority in the execuLocal ; and tion of this Ordinance, and not otherwise providedfor,shall be defrayed Authority. hereinafter levied in manner out of the rates provided, (s.170.)
172.
All
expenses
incurred of
by paya})le
Town
or
rityin
the execution
this
Ordinance,
and
not
otherwise
Ordinary
173. "(1.) The
a
Rate. of
other Country District, any of defraying the expenses plantation, may, purpose incurred hj them in the execution of this Ordinance, levy a rate, not in exceeding at any one time one-twenti(!th of the value as ascertained within hereinafter all immovable the manner property provided, on to the Crown their District, other than property In^longing or Colony or than the land other than any church, chapel, or or school, occupied
Country
Authority
the
Levying
rate
on
of
than
for
value
of immovable
]"roi)erty by
('ountry
Authority
Country
District than
of
other
therewith such
and
such
rate
shall
be
make
levied
and
on
the
ascertained
value
of
plantation.
property.
(2.) Such
in order
Authority may
to
levy
raise money
for the
payment
any of
such
rate
tively, prospec-
future
charges and
610
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
."
[A.D.
1878.
for the payment in order to raise money or retrospectivel_y, expenses, within twelve time months incurred at of charges and any expenses before the making of the rate.
(3.)With
shall be
respect to levying such observed, that is to say,

"
rate
the
followingregulations
the
{a.) The
Country
before
Authority shall,
if
before practicable,
once
thirtieth day of June thereafter

prepare District such
a
next, and shall the thirtieth day
statement
showing
the
all of
in every third year of June in such year, the their property within the
rate
liable to
as
payment
at at
some
and
the
value
of
property
ascertained
by
such
statement
shall be
kept
shall
place of
;
Authority which publicnotice

times be open value for
; and
such
shall be the If (/;.)
given, and
person
all reasonable interested feels
of any inspection any
person
interested such
have
aggrieved
may
at
the
to
as
ascertained
by
Authority, he
appeal
be
the
Central
Board,
decide value the
as
who
shall
thereon, and
ascertained
value
to entertain power shall their decision
such
apjêaland
;
final shall
and
the
by
the
Central
Board
be
deemed
proper
ascertainingsuch
(c.)Where
the and
the
the until next period arrives for by the Country Authority ; ment, Country Authority fail to prepare such state-
thereof
value
Central
as
the value
the
Board may ascertained value
at
by
any the the
time Central
next
the same prepare Board shall
be for
deemed
ascertaining such
{d.)The
such
period arrives by Country Authority ; and before enforcing the payment Country Authority,
true
until
value
the
of
rate, shall forward

it
statement
to
the
Central and
Board the
of
.
the amount
in which Board
same
requiredto be raised by such is proposed to exjêndthe same

approve of
or
rate
mode
the may fixed
; and rate
as as
or
the
Central
may
to
diminish
such value
rate rate
increase
one-twentieth
of the said them

;
as aforesaid,
appear by the
expedient to
Central Board
and be
the the
approved
be levied
or
shall
to
by
the
Country Authority. (4 )
of such has been In any
proceedingsby
not
Country Authority for

allege or
Board,
prove
the that
rate, it shall
approved
"
or
to necessary fixed by the Central
be
recovery the rate
(s. 171.)
Levving
uniform
of rate
174.
than ^j
a
Country Authority of any Country District,other plantation,may impose a rate in labour assessed according to (1)
The
dwellings on by Country Authority of Country District, other

than
appraised i
.i
or
values,
ot land
may
"" i
or
i
"
according
in
to
"
the
areas
of
the
several
lands, by such
, ^
premises,
k
lots
the
district. to any
(2.) Such
L
rate
be in addition
other
rate
levied
plantation.
.\ Authority. of the form, either take rate of a fixed number (3.)Such may task and thi^ owners lands, of the several days' labour, or of a specific be wliich such is levied, shall rate premises or lots of land on of number the due for days' performance of the prescribed responsi})l(! task as the case labour foi' their proportionate parts of tlie specified or
. ,
may task
or
be
Provided
may task
as
for such labour or always that the person responsible elect to pay the Country Authority the value of such labour fixed by the said Auihoi'ity.
612
No.
3.]
(2.)If
THE
LA
W^
OF
BRITISH
GUIANA
[A.D.
1878.
private
improvement
rate.
with in
any
so directed,neglect to Authority,when any Local deemed shall be of such directions, made to have they
a
comply
default shall work
enforcing
the the Local
of this provision and shall have
Ordinance, and
the
same
the
to
Central
execute
Board such
enforce
as
same,
power
shall have to Authority,and the Central Board power directed be the rate to and levied, recover improvement private levy and for enforcing and shall have the same rights, preferences powers, the Local of the and as same Authority, securing the payment (s.175.)
of Levying,' private improvement rate to defray private improvement expenses.
178.
or
Where
Local for
Authority or
expenses to be
the Central
in
Board
this be if
on
have
or
incurred any think other

to
become
liable
now or
Ordinance
any hereafter
which, by force, may

rates
declared
be
make
privateimprovement and levy a rate

respect of which
"
expenses, in addition expenses with
such
to
Authority may,
all other
they
the
fit,
a
pnjperty in
be called
sufficient
to
the
have
interest
been
amount
incurred,
as
to
private improvement
expenses,
annum,
as
rate,"of such
may
a
be
such dischai'ge six per

cent,
thereon times
at
rate
not
per
payable at
the
such
and in
in such
case
exceeding not period,

determine.
exceeding ten (s.176.)

Prefereut lien for
years,
Authority may Authority
each
179.
incurred Ordinance
"
(1-)Where
or
Local
or
the
Central
Board
have other
to
become
now
private improvement
expenses and
or
liable for any hereafter to expenses,
which, by this or any expenses be in force, may be declared

such
be
private improvement
lien
on
Authority shall
which the interest
have
prefereijt
have
a
private improvement
rate.
the for
pi'operty in
all
sums
respect of
with per annum, and except
expenses
been
not
or
incurred
advanced,
cent,
thereon above
the
at
rate
exceeding six
claims
per
over
and
in
all other Crown

taxes
liens
or
wdiatsoever,save
and
save
claims
due
to
the
rates
Colony
levied
and
except
claims
due
I'espect of
or
by such Authority to defray the general expenditure of such Authority. lien shall continue in full force until the whole (2.) Such preferent advanced has been sum repaid in full,with all intei'est thereon, and vested such continue on change of property notwithstanding any of such or tion ownership by devolution privateor execuproperty, whether other publicsale. or such Authority levy a privateimprovement rate, they (3.) Where shall have the same preferent lien for the payment of such private for the of rate as improvement private improvement payment Where of a private the to payment expenses. any property subject is sold execution the rate at sale, improvement Authority levyingsuch if they think the realized rate may, amount fit, require by such sale, after payment of all claims preferent be to thereto, appliedin payment of the whole with levied such then remaining rate interest, amount, by far such suftice for the as so unpaid, proceedsmay (s.177.) purpose,
180.
Private
Mode
of of rate
owner
improvement
and in
recovery
))rivate improvement
cx])enHes and
may of
l)o levied the

are
expenses recovered
and
every such
privateimprovement
execution
by parate
against
the
property
]"rivate iiii["rovement
rate.
expenses rate is
levied,without
A
statement
payable or naming
respect of which in respect of which

such
owner,
privateimprovement such privateimprovement (s.178.)

the Local in
Evidence
to amount
as
181.
or
purporting
of such Local
to
be
signedby
Authority,
writing
of due.
})y any
officer
Authority authorized
by
money
A.D.
1878.]
Lociil
PUBLIC
HE
ALT
IT.
[No.
3.
61.3
such
Authority to proceed for the ro^covery of iiioiicys (hu; to the seal of the Central under Authority, or a statement tlie expenditure has Ixmmi incurred the or not or Board, and whether that the levied Central Board, stating rate private ment improve))y any or private improvement rate are or is due from the expenses of any pi'operty, or shall, without proof of any matter thing, he owner
such Local in is At
so
deemed claimed 182. thereto
all
Courts
prima facie evidence
that
the
amount
therein
due.
179.) (s.
Ijefore the
rate
anytime
redeem
of expiration the
owner
the of
privateimprovement
may expenses in
as
is
same
made,
the
the
the
of
by paying
rate
was
to
the
period for which any premises assessed Local Authority the

or
Redemption
?f pnvatc
j-ate.
respect
have
which that
made,
such
already levied defi'ayed by sums in the same redemption of any private paid : money shall be not applied by the Authority otherwise improvement rate of private incurred than in defraying expenses by them in works of the borrowed in principal any moneys by discharging improvement or of a sinkingfund whether those expenses, them or to meet by means otherwise, (s.180.)
may
not
been
part ther.iof in respect of
Provided
Payment
183.
makes any
"
of Rate.
property in
a
default
the (1.) Where in paying

rate
or
owner
of any
Local
SanitaryDistrict
the Central
to
any
Authority
due
or
Board
Right of occupier to
pay
recover
tax,
amount
levied, assessed, or
the
same
in
respect of such
or
rate, and
property, as
any of pei'son such
and
when
becomes in
payable,the
property,
and
recover
having
pay such the
any
interest
such
occupierof or pirtion any

the
owner
amount
thereof
owner.
from
thereof, may
tax, rate, or
amount
so
amount
from
paid, together with interest at the with all costs of suit. until repaid, of eight per cent, per annum rate such several owners, there are occupieror person may (2.) Where and the part owner of such owners, so from paying recover so any one
property
shall
be
entitled
to
recover
from
the
other
part
owners
of
such
property the amount

184.
"
of their proper
contribution,
(s.181.)
consists incurred
amount
(1.)The Local for the plantation may,

them in the execution from every
Authority of any District which of defraying the expenses purpose

of this
where
of
Recovery
expenses District etc.
of
})y
all
where is
a
Ordinance,
recover
the
of
plantation,
such
expenses
the
case
(2.)In
any
rate
of such plantation. proprietors a plantationforms part of
levied under
a
this
Ordinance
shall
be
assessed
any and
District,
levied
on
the
as plantation
whole,
(s.182.)
Borrorving
185.
Powers.
Power Local
to
Every
for
or
Board,
incurred
borrow
the
to
sum
any the
rates
Authority may, with the sanction of the Central and of defraying any costs, charges, expenses purpose of this Ordinance be incurred by them in the execution of the rates, and the security gage mortof money on may thereof, for the repayment (s.1^3.)
Local
Authority
borrow
on
to
creilit of rates.
tank under of any plantationrequired to erect a The owner of borrow of this Ordinance to sum any provisions money may defray the cost thereof, at interest not exceeding five per cent, per
186.
Power
owner
to of
the
plantationto
borrow money
614
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
for erection
*"
"
of
from the time five years repayable within have shall the the person same lending due debts the plantation other all to creditors, over alone Colony being excepted, (s.184.)
annum,
same
of
a
borrowing the
on
; and
lien preferent Crown

or
the
the
PART Legal Procedure

Procedure and
YI.
Proceedings.
Generally.
Ordinance,
before
and all
appeal.
See No. See
Ordinance 12
of 1893.
Ordinance
i\ô. 13
0/1893.
and feitures forpenalties the a Magistrate or recovery be prosecuted for and of which otherwise is not provided for, may of procedure prorecovered before a Magistrate according to the form vided force the in Ordinance for time procedure regulating being by any before StipendiaryMagistrates in the exercise of their summary diction, jurisand shall be subject to the appeal provided by any Ordinance the decisions of for the time being in foi'ce regulating appeals from StipendiaryMagistrates, (s.1S5.)
187.
All
offences
to
under
this
directed
be
recovered
Restriction recovery of
on
penalties.
ance Proceedingsfor the recovery of any penalty under this Ordinbe had is pi'ovided) or not (except as in this Ordinance or taken by the Local by any person, other than a party aggrieved, is committed, without the offence Authority of the District in which that such in writing of the Attorney General the ccmsent : Provided shall not be required to proceedingswhich consent are, by the provisions 188.
shall of this
to
Ordinance
taken
or
relating to
a
nuisances in
or
offensive of
or
trades,
act
or
authorized default
of any District,
be
by
Local
Authority
or
respect
District
committed
taking place without
their
any in
respect
their
house, building,manufactory,
place situated
without
(s.186.) Any
of Local the in
Appearance
of Local
189.
member
Authority.
or generally
member
Proof of
of the In
before a Magistrate by any Authority may appear Authority or by any person authorized in writing proceeding so to appear by any respect of any special Local Authority, (s.187.)
Local
name
1 90.
under
any
proceedinginstituted
it shall not Local be of the
by
or
against a
for the the
or
of Local
this
Authority.
Ordinance,
necessary
Local Authority to prove plaintiff"

or
the corporate name of their District, 191.

of
Authority
constitution
limits
(s.188.)
who,
on
Punishment of person giving false evidence.
J^^very person
any
examination
upon
oath
under
any
and the provisionsof this Ordinance, wilfully evidence inflicted shall be liable to the penalties
wilful and
corruptlygives false on guiltyof persons
corrupt perjury, (s.189.)
Execution of document
by Local
Authority.
(1.)Any document requiring to be signed by any Local be than one person, Authority may, if such Authority consist of more consist executed thereof,and if such Authority by any two members of only one then by such person. person, (2.) In any legalproceedingit sliall not be necessary to prove any
192.
"
signature purporting
to
be
the
so
signature
of
a a
member
of
Local
Authority
or
that
the
person
signing was
member
thereof,but
A.D.
the
1878.]
burden of
PUBLIC
HEALTH.
[No.
person
3.
615
proof
sliall })e
on
the
disputing
the
same.
(s.190.)
193. the
common
Any
seal
document
Board of
requiring
to
V)e executed
or
or
authenticated Justice
shall
Central
be executed may such Board ; and

seal.
authenticated
of
by the by affixing
take
Execution document
of
all Courts
by
the
Central
lioard.
notice judicial
of such
(s.191.)
or
194.
of
a
Any notice, summons,

may
order
with
respect
in the
to
the abatement
Schedule
to
Use
of forms,
nuisance
be in the Form
contained
Second
Second Schedule Form Form Form Form No. No. No. No.
:
this Ordinance,
(s. 192.) Recovery of

Rate.
1 2 3 4.
as
195.
this purpose
"
(1.)The
may
Ordinance
payment of any rate at any time imposed under be enforced, notwithstanding that the period or
such
rate
Provisions
to
in respect of which levied
has
been
imposed
has
expired or
on
recovery of rates.
terminated.
(2.)Any
immovable
be recovered
rate
by
Village
may
or
Country Authority
be
any
property may,
whatever
the
owner
amount
of such such
rate,
by
such
Authority against the

of the District in which
of
property
is situated.
before the
Magistrate
such
property
(3.) The
in force
be modifications,
shall,with the procedure in any such case for the that prescribed in any Ordinance for the of regulating procedure petty debts, recovery
In any
can
necessary
time
being 193.) (s.

or tion execuno
See No.
Ordinance
11 of 18;)3.
196.
such
owner
case
where
there is
the such
rate
no
owner
of
such
property
Case
where
no
be
found,
of
may
be
recovered without
againstthe (s. 194.)

197.
In any under
owner
property
further
by parate rated. description.
etc., owner, of property
proceedingfor the recovery of any such rate, a stateof the Village or Country Authority, or under the hand of any of them, that any amount of is due by the owner one immovable property shall, without proof of the signatures or any signature or of any other matter or thing,be deemed, in all Courts of Justice and for all other whatsoever, prima facie,proof that purposes the amount mentioned is due by such owner, so (s.195.)
ment
Proof
amount
of due
the hands
198.
"
(1.) All
the
under
by
without
seal of
Recovery of payable by the proprietor of a plantation money due from sums be levied of this Ordinance and covered reprovisions may plantation. parate execution against the proprietorof such plantation,
sums
of
further
the
(2.) A
statement
description. signed l)y the
Local
Authority, or
is due of
under from
matter
the
the
or
Board, stating that any amount proprietor of the plantation shall, without proof thing,be deemed in all Courts / rimd facie evidence therein claimed is so due. (s.19B.)
Central
any that the
amount
Obtninivg Title
"
to Lands
sold
for
Rates.
Fees and for
199. (1.) Where proceedings by process of parate execution to enforce the payment of money taken are by a Local Authority or by the Central Board a against any property (other than a plantation as
process
Jfi^hlcase
proiêrty
for rates. sold
whole) in
the from
any
to
other Sanitary District, such time process until and for
than
Town
Sanitary District, of
shall be
fees for time

of
letters
of
decree
of
the
fees and and
determined
by
Pesolution
the the
Governor
Governor
Court
and Policy,
otherwise
resolved
by
G16
No.
3.]
of
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Third Schedule.
Court
shall Policy, in
be the fees mentioned

such
in the
Third
Schedule
to
this Ordinance.
(2.) Where,
at
any
proceedings, any
five hundred
such
property
is purchased
execution
sale for less than
be necessary for the such purchaser shall
purchase money
without such filing
in
purchaser to petitionfor be entitled,on paying to with all charges, to receive full,

payment,
with the in
a
it shall not dollars, letters of decree, and the from that
Registrar the the Registrar,

effect,and,
the from
on
further any certificate British

non-
certificate
to
Registrar,to
its civil
receive
from
Supreme
the
Chief
Court Justice
of in
Guiana
or jurisdiction
session, letters of decree for such

this than section
a
property.
any sold
(3.)The provisions of other Sanitary District,

at
shall
Town
apply to all property in heretofore Sanitary District,

of decree have
not
execution
sale
and
for which
letters
been
obtained, Recover}'of
money authorised be recovered summary
manner.
197.) (s.
Where in any
a sum
200.
of
money
is authorized and
manner
by
a
this
Ordinance
to
be recovered
to in
same
sum
may
be
manner, summary recovered in the same
it is not
as
provided that the then if such penalty,

may
sum
does not
exceed
one
hundred
the dollars,
as sum
same
be
were one
recovered
a
same manner Magistrate twenty-four dollars,and, if such dollars, by parate execution, (s.198.)
before any
under
in the
if such
debt
exceeds
hundred
Protection
of
Local
Authority.
Giving
notice action Local
of
in
against
or
Authority
their
(1.)No process shall be sued out against or served on any thereof, or any officer of a Local Authority or any member his in aid,for anything done, or intended Authority or person acting under the provisions of this Ordinance to be done, or omitted to be done
201.
"
Local
officer.
until
the
on
expiration
such
cause
of
one
month
after
notice
in
writing
person abode
has
been
served intended
Local of
Authority, member,
the
name
or
or officer,
clearly
of the
stating the
action,and
of his
and
place of
in the
and plaintiff the into

so
(2.) On
in the go notice
to
trial of any
agent attorney shall such action, the plaintiff"

cause.
not
be
evidence
of any
cause
of
action
which
is not
mitted perstated
shall have
judgment (3.)Every such

after
served ; and, unless in his favour.

action of shall
such
be
notice
is proved, the defendant within

not
commenced
of
six
months
next
the
accruing
the
cause
action, and
afterwards.
(s.199.)
Tender of
as
202.
"
(1.)Any
any may time
amends.
aforesaid
at
person tender
to
whom
month
amends
one
to
is given any such notice of action his attorney or the or plaintiff, after service of such
agent,
in
case
within
notice,and,
in
the
same case
is not
accepted, may
have
are
plead such
been
tender
as
in bar.
(2.)In
case
amends tendered any

he
not
tendered
into
aforesaid, or
may,
the
amends
at
as
the defendant insufficient,
of the
sum
"
Court,
time
before trial pay

tliink proper. upon
or
Court
under
by leave plea such
of money
(3.)If, upon joined or is non-suited action,the plaintiff'

then
the
may issue
plea pleaded for the whole judgment is given for the defendant,
any of suit and
defendant
shall be
entitled to the full costs
have
judgment accordingly, (s. 200.)

Protection Local of and
203.
Local
No
matter
or
thing done
no
and
or
no
contract
entered
any
into
by
of
any
Authority
Authority,and
matter
thing done
by
member
any
A.D. such
matter
1878.]
Authority,or by
or
PUBLIC
HEALTH. such
[No.
3.
617
their officers from
any
officer of the
whomsoever
entered the contract into bond were fid",for this Ordinance, subject them or any of them executmg whatsoever claim, or demand personallyto any action, liability, ; and incurred such other officer, member, o r Authority, by any any expense
acting under thing done or

of
direction of such
other or Autliority person if the Authority,shall,
personal
liability.
the purpose
and be borne repaidout of the Authority to the generalpurposes of shall exempt that nothing in this section this Ordinance : Provided such Authority from of any Uabilityto be surcharged any member be disallowed of any with the amount by the payment which may of such Authority,and which such member auditor in the accounts authorized or joinedin authorizing, (s. 201.) person fund
acting
rate
as
last
aforesaid shall such
or
applicable by
Notices. 204.
may and and other such documents Notices, orders, in under
this Ordinance
Notice, etc.,
ma}' be
be in writing, or
if the
same
or print, partlyin writing and
partlyin
print;
printedor
written.
require authentication
or
thereof
by any
"
member
officer of
Local
the signature by authority, Authority shall be sufficient
authentication,
(s.202.)
other document
may
to
205.
to
same
order,or (1.)Any notice,

under the
copy
on or
be served
at
this Ordinance
be
served
ized requiredor authorthe by delivering

; or,
Service
of
notice, etc.
to
the
residence
to
of the person
or
whom
it is addressed
where
the
same
addressed
or no some
a
owner
occupier of premises, by delivering

some
true
thereof
to
person
can
on so
there is
same on
person
the
premiseswho
of the other
be
the premises ; or, if served, by fixingthe also
conspicuous part
premises.
document may
(2.)Such notice,order, or and, post by a prepaid letter,

have
would
be served
by
to
if served when
been
served
at
the
time
by post, shall be deemed the letter containingthe

of
same
be delivered in the
shall
was
course oi'dinary
post, and, in proving such
service,it
document 206.
be
sufficient
to
properlyaddressed
notice
that the notice,order, or other prove and put into the post. (s.203.)
of etc.
by this Ordinance required to be given to the Address Any of be addressed by the descriptionnotice, owner or occupier any premises may of the "owner" of the or (naming them) in respect premises "occupier" of which the notice is given, without further name or description, (s.204.)
PART The
VII.
Board.
Central Board
207.
"
purposes,
(1.)The namely,
"
Central
shall make
by-laws for
the
following Making
of
of
by-laws for care sanitarjcare sanitary care sanitary
(a.)For {b.)For
of the
the the
to
of the ports of the Colony ; and and other of all seamen persons
or therein,
ports, etc.
longing be-
any
vessels
Colony, or
in the
in any of the rivers territorial waters thereof. any person less than five of
a
or
creeks
(2.)Such
therewith further
by-laws shall provide that

a
not
complying
not
a
shall be liable to
fine of not in
case
dollars and
after the
exceeding forty-eight dollars, and, penaltynot exceedingten dollars

from any officer of the
to offence, continuing
for each
of the breach
VOL. I.
Board,
day (s.205, )
notice
42
618
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1878-
Inquiries by
Power Board to the to make
the
Board. time
to
208.
sucli
The
Central
are
Board directed
to
may
from
time
cause
to be
made
inquiries.
inquiriesas
may
see
by
any
this Ordinance, and

matters
such
the
they
in
fit in relation
concerning
as inquiries publichealth
with respect to which their consent, place,or any matters any (s.206.) sanction, or approval is requiredby this Ordinance,
Effect of the of order Board.
209.
Ordinance
Any
be that
order
made
by
in
the
Central
Board
matter
in pursuance
to
of it
this
shall be
binding
respect of the
such
be
manner
as
which
refers,
:
and
shall
Provided
published in an appeal may

decision officer of the the
the
Board
to
made
therefrom
the
direct may Governor-in-
Council, whose
Power oiEcer to of directed
shall be
final,
(s.207.)
shall,for the purposes
relation
to
210.
Any
Central
Board
in
of any
inquire.
iSee Ordinance No. 12 of 1893.
their by and the of and accounts, inspection production papers of placesand matters similar powers to those requiredto be inspected, in under Ordinance for time which the being Magistrates have any the exercise force regulatingprocedurebefore Stipendiary in Magistrates of their summary (s.208.) jurisdiction,
inquirydirected
examination,
Board, have,
witnesses
and
the
Enforcement
of Per/ormmice
of Duty
by defaulting Local
AutJiority.
Mode of
211.
Local
"
(1.)Where
complaint is
default the
made
in
to
the
of
Central
Board
District
that with drains where
enforcing obligation of
Local
Authority have made sufficient main drains, or in
providing their supply of water

from
water
maintenance with
a
existingmain
in
cases
Authority.
providing their danger arises to the health

or
in
District
of the
inhabitants
that
unwholesomeness
can
of
a
the
existing supply of
cost, or
a
be
got
in
at
reasonable
Local
or insufficiency supply proper Authority have made
the
and
default
enforcing any
the
provisionof
Board,
been
if have
this
Ordinance
which
it is their
duty
quiry, inthey are shall of the default, Authority alleged guilty make for the order an limiting a time performance by the Local of such complaint. Authority of their duty in the matter If such is not (2.) duty performed by the time Kmited in the order, such order may be enforced by writ of mandamus, or the Central Board to some perform such duty and shall,by order, appoint may person of performingthe same, direct that the expenses able together with a reasonremuneration the person to appointed for superintendingsuch in the order, together specified performance,and amounting to a sum with the costs of the proceedings, shall be paid by the Authority in
to
enforce,the
Central
after due satisfied,
that
and order made for the payment of such expenses default ; and any in the be removed into the Supreme Court of British Guiana costs may exercise if it
were
of its civil
an
and jurisdiction Court.
be
enforced
in
the
same
manner
as
order of such
of
person defaulting Local of
(3.)Any
purposes
other
rates.
than
appointed under this .section to perform the duty and for the in tlie performance Authority shall, such of such duty, be invested all the with Authority powers of levying the hereinafter (save as jirovided) powers
Central
Board may
from
(4.)The
any person
so
time
to
time, by order, change
appointed, (s. 209.)
620
of
No.
3,]
"
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
Definition
"
216.
under
expenses."
person
of this Part lating reExpenses,"for the purposes of the provisions defaultingLocal Authorities,shall include all sums payable those provisions by or by the order of the Central Board the or appointedby the Board, (s.214.)
to
PART
VTII. Provisions.
Miscellaneous
Power certain Local of
217.
of their
of
Whenever
officers pui'pose
or
it becomes
to
entry in
cases
enter, examine,
of oiBcer
for the
making,
course or
Authority.
of
making keeping in repair, or examining works, ascertaining the drains, or ascertaining or fixingboundaries, and the owner
such lands
or
or
of
Authority or any lay open any lands or premises plans,surveying,measuring, taking levels,
necessary
or a
for
Local
occupier of
entered
of upon,
premises refuses
laid open
to
joermitthe
same
to
or
be any
Second
owner
:
examined,
for the
them, the Local Authority may, after or occupier,apply to a Magistrate for an
purposes notice written
aforesaid
to
such
order
the
the authorizing
said lands and
Schedule
Form No.
Local
.5.
Authority
for the
to
enter, examine,
aforesaid
and
or
lay open
of
premises
218.
District
purposes
any
them.
(s.215.)
Penalty
person
on
neglecting to quit land belonging to

Local
Authority, etc.
occupiesany land or house in any Sanitary Board Authority or the Central without their such land house to quit or neglects on being required to do so, shall be guiltyof an offence, and, being convicted thereof,shall be Uable to a penaltynot exceeding ten dollars
Local any permission, and who
or
Every person belonging to
who
to
imprisonment,
one
with
or
without
hard
labour,
for
any
term
not
exceeding
Provision
case
month,
(s.216.)
for
where
occupier prevents owner from carr3'ing

out the
the occupier of any premises prevents the owner (1.) When thereof from of this obeying or carrying into effect any provisions make order for the Ordinance, any Magistrate may, if he sees fit, an
219.
"
Ordinance. Second
Schedule Form No.
:
carrying into occupier fails
effect
to
of
the
provisions of
within shall be
this
Ordinance
; and
if such
comply
he
therewith
making of the order, twenty-fourdollars for

6.
liable
twenty-fourhours after the to a penalty not exceeding

the continuance
of such
compliance. non-
every
day during
behalf of the Local
of any premises, when requestedby or on of the owner of the Authority to state the name disclose omits to premises occupied by him, refuses or wilfully or mis-states he shows the he shall, unless the same, to wilfully cause, satisfaction of the Court, for his refusal,be liable to a penalty not exceeding twenty-fourdollars, (s.217.)
(2.)If
the
occupier
Penalty on wilfully person

damaging
works of Local
Authority.
Compensation for damage by Local Authority.
or Every person who wilfully damages any works property Local to shall belonging any Authority (in cases where no other penalty is provided by this Ordinance)be liable to a penalty not exceeding twenty-fourdollars, (s.218.)
220.
221.
exercise
matter
Where
of
as
to
any which
to
sustains damage any person any of the powers of this Ordinance, he is not himself in such
by
in
reason
of the
to
relation
any
default, full compensation

exercising such Authoi'ity of compensation damage or amount in manner provided by this
does
not
shall be made powers

; and
person
to
by
the
Local
of
any disputeas shall be settled

; or,
the
fact
Ordinance
of
if the
by arbitration compensation claimed

may,
at
a
exceed either
the
sum
the same dollars, ninety-six ascertained by and recovered
the
option
of
party, be
before
Magistrate, (s.219.)
A.D.
1878.]
Notliing
or
PUBLIC
HEALTH.
shall Board in His he
to
[No.
construed disturb
or
3.
Exemption
Crown and
621
of
222.
any any Local lands
in
this
or
Ordinance Central
to
authorize
with
Authority
other
the
interfere
Colony
property.
property vested
Majesty'sPrincipalSecretaries
223.
or
of State, or
Majesty, or in any of His in the Colony, (s.220.)

this this
No
person
shall
shall
be deemed
any
to have
be liable to any incurred any

offensive
matter
or
penalty under under liability

any
Ordinance,
Saving in
of re.sj)ect
in
respect of
the
foul
or
trench, watercourse,
on
Ordinance, main drain,

it is
or
plantations.
for drain, or receptacle

to
refuse Court
if plantation, the foul

or
proved,
satisfaction of the
of the
Magistrate, that
main in of
ollensive
state
trench, watercourse,
has
in the been
drain,drain,
on
for receptacle
refuse
matter
or
caused been
carrying
or
the
rum
business
of
the that the
plantation
manufacture
all reasonable
means
have
sugar for taken
thereon,and
preventing injury to
shall be deemed
be
to
publichealth,
224. addition
in the All
to
(s.221.)
not
or
powers
and
given by this Ordinance in derogation of any

custom
as
be
in
Powers Ordinance be
of the to
other
powers may
conferred
by
cumulative.
Ordinance, law,
same manner
; and
such
other
if this shall
Ordinance
powers had not person
exercised
been
from
nothing
to
in this
Ordinance have
exempt
who
any has
passed; and any penalty

had
to not
which
he would
been
no
subject if
this Ordinance been

for shall
been
that passed : Provided of penalty in pursuance liable to a penalty under
person
adjudged
the
same
this Ordinance any other
pay any offence be
Ordinance,
(s.222.)
SCHEDULES.
THE Tables
relating to the
Section
35.
FIRST
storage
SCHEDULE.
of
Water
in
Buildings
and
Plantations. The second

owner
following Tables
columns
of any Building or Plantation shall provide tanks to store of the said Tables in relation
described
the to the
in
the
first columns
water
of the
quantityof
said
in the specified Plantations
Buildings and
respectively.
TABLE I.
Buildings in
Town
Districts.
Quantity
in
of "Wâter
Imperial Gallons.
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 than as a one dwelling-house of more storj*so appraised at or above $7,000 Each house used as a dwelling-houseof more than one story so appraised at or above $3,000 and under $7,000 Each house used as a dwelling-houseof more than one story so appraised at or above $1,000 and under $3,000
.
Each
20,000 10,000
5,000 4,000
.......
3,000 2,000
1,000
500
Each Each Each
house house house
used used
or
as
a
sum as
dwelling-houseof
under
a
more
than
one
story
so
appiaised at anjajipraised at
used under any sum Each house families for each
$1,000
of
one
dwelling-house above $1,000 as a dwelling-house of

$1,000, for each
the different not
.....
story
so
only
so
1,000
one
story
room
appraised at
100 different
inhabited
rooms
are
of which
or
occujned by
of the
same
different
so
persons
members
familj-,
100
I'oom
occupied
622
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D. 1878.
TABLE
II.
Buildings in Villagesand
Country
Districts.
Quantity
in
of "Water
Imperial Gallons.
Each of Each
more or
house
used
as
dwelling-houseof
.......
more
than
one
story and 1,500
exceeding |500 in value house used as a dwelling-house of one than one story and of less value than
...........
story onl}',or, if of $500, for each room

100
are
therein Each house of which

or
the
diiieront
rooms
occupied
of
by
the 100
different
same
families
different
room
so
persons
not
.....
members
family, for each
occupied
TABLE
III.
Description of Plantation.
Quantity
in
of
"Water
Imperial Gallons.
Each tons made
Plantation in
on
which
not
weight
and
any qiiantity of sugar exceeding five hundred

......
exceeding fifty
tons has been
during the preceding year Plantation which Each on any quantity of sugar of or exceeding five hundred tons has been so made, then, for every additional hundred of sugar less so tons or quantity of one made, an
additional
25,000
2,500
is
in writing that there that, where two licensed medical practitioners certify fresh water the Plantation sufficient for the wants of all on supjjlyof whole.'ome 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. Provided
a
THE
SECOND FOKMS.
SCHEDULE,
Section
194.
Form
Notice To the
No.
1.
requiring Abatement Nuisance,

may
or
of Nuisance.
or
causing [the person the nuisance as exists,

notice
the
case
the
otcner
occupier of the premises wherein

Health existence
hc'\.
Ordinance, 1878,
of from
a
Take the
that, under
or
the
provisions of the Public

satisfied of the
nutiance
the Local [describe the premises [describe

cause a
being Authority']
the
nuisance
at
place %chere of tmisance, for instance, want

or
arising exists],
the [dcscrilie
ditch
drain
so
foul
so as
as
to
be
a
instance, swine
you
same,
kept
that
to be
of a privy or drain ; or, for further instance, nuisance, or injurious to health; or, for further nuisance or injurious to health] do hereby require
a
within and for purpose

to
from
the
service
of
this
be
notice
done
or
to
abate
to
the
be
[state any
thingsrequired to
works
executed].
make default in complying with the requirements of this notice, or if will be issued requiring nuisance, though abated, is likelyto recur, a summons to answer attendance will be made to a a complaint which Stipendiary your of the nuisance and prohibiting a recurrence Magistrate for enforcing the abatement thereof,and for recovering the costs and penalties that may be incurred thereby. If you the said Dated this
day
of
19
.
(Signed.)
Officer of Local \ Authority. ]
A.D.
1878.]
PUBLIC
HEALTH.
[No.
3.
623
Form Summons British Guiana.

on
No.
2.
Section
104.
Compluint relatbtgto Nuisance.

District.
To the
oicncy
as description
luav
situated at \_or occupier]of [describethe premises], [insertsuch to A. B., of be sufficient to identifv the premises] \_or ]"
You
trate at
are
requiredto
appear
on
before the the

noon,
Court
to
on
holden
before
the
MagisStipendiary
1
,
day
answer
in or
of
at the
hour
me
a
of
in the that
may be
by as description under District,
certain
complaint this day made to such premises situated at {însert
the premises'], in the to identify sufficient the Local Authority] Health Ordinance, 1878, of [describe the case it as and that the said exists, [describing be], may
the Public
the
following nuisance
nuifance is caused [or occupier] of the said by the act or default of the owner the nuisnuce but likelyto he is discontinued premises [or by you, A. B. [or,in case about the or day of repeated, say, there existed recently,to wit, on the nuisance'], that the premises, the following nuisance and the said on [describe nuisance was has, since the last-mentioned caused, etc.,and although the same day, been abated that the same ground to conclude or discontinued,there is reasonable the said premises.] the like nuisance is likely to recur or on
,
Dated
this
daj' of
(Signed.)
Form Order British Guiana.
No.
or
3.
Section
11)4.
for
Abatement
Prohibition
of Nuisance.
District.
To the
ou-ner
as description
situated the premises], at such [or occupier] of [ilescribe [insert be sufficient to identify the premises][or to A. B., of may
]"
Whereas before
on
the
1 complaint day of Esquire, StipendiaryMagistratefor the

,
was
made
District, by
in the District under the
that in Public nuisance
or
on
certain
premisessituated
at Local
Health then default
the Ordinance, 1878, of [describe existed of
Authority] the following

nuisance
was
caused
premises ; [orwas
nuisance
by the act or caused by A.B.]

on or was
[describing it] and that the owner of [or occupier]

been
was
the
said
the said
existed
about is
[Lf the )iuisauce has [the day the nuisanee
ing removed,say, the followascertained

to
and exist],
that the said nuisance

same or
and caused, etc., the
although the
same
is
now
removed, the
Health
answer
say, and
a summons
the said premises] And whereas on likelyto recur ; within the meaning of the Public [oroccupier] to Ordinance, 1878, [or the said A.B.] has this day appeared before me the p^rty charged does not appear, in case the matter of the said complaint ; [or, satisfaction that a true copy of whereas it has been this day proved to my of the said premises [or the said A.B.] requiring the owner [oroccupier] the like nuisance
owner
has been duly served accoi'dingto the day before me before that the nuisance me : Now, on proof being here made so is caused by the complained of does exist on the said premises, and that the same act of default of the owner of the said premises [or by the said A. B.' [oroccupier] of the said Ordinance, do order the said owner or vi. B.' I, in pursuance [oroccupier, true the time] from within the service of this order, or a thereof, [specify copy to be done or work to be according to the said Ordinance specif [here y anything reijidred and wholesome to provide for the cleanly executed, as, for instance, keeping of, [orto to health ; or, for further remove] the animal kept so as to be a nuisance or injurious to cleanse,whitewash, purify, and disinfect the said dwelling-house; or. for instance, to construct a further instance, privy or dig a drain, etc. ; or, for further instance, to appear
this
said Ordinance
"
to clean
or
to
cover
or
to
or
fill up
the
said
etc.]so cesspool,
as
that
the
same
shall
no
longer be a nuisance [And if it appears
to
injurious to health the Magistrate that
aforesaid.
is
to likely
recur on
the nuisance
the
premises,
624
No.
3.]
And
be
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1878.
of nuisance or causes T,being satisfied that,notwithstanding the said cause is [or are] likely to recur, do hereby under this order, the same [here insert the iiiaiter of the [or occupier, or A. B.] from prohibit the said owner ation habitusing the said house or building for human prohibition, as, for instance,from
say,
may
removed
until the same,
in my
was
judgment, is
removed
rendered
fit for that
purpose].
on
[In
made
case
the
me
nuisance
before comp'aint, say. Now,
before
that,at
or
the time of making recently beifore

,
the
said
proof being here complaint, to
of nuisance aforesaid, the cause 1 as day of wit, on the that the but has since been same complained of did exist on the said premises, removed, yet, notwithstanding such removal, I, being satisfied that it is likely that the said premises, do hereby prohibit will recur the like nuisance on the same or then I [order on if this order of prohibition is infringed, of prohibition'] ; and [order Local Authority to do icorks']. Dated this
day of
19
.
(Signed.)
Form
Section 194.
No.
Xuisance
4.
Order British Guiana.
for Abatement
of
by
Local
Authority.
District.
To the Ton-n etc Council,
,
as
the
case
may
be.
it has been whereas in last Forni] as ; And complaint of nuisance [recite that nuisance satisfaction such or exists,but that no owner proved to my causing the nuisance, is known [or can be occupier of the premises,or person of the said Ordinance, do order Now : I, in pursuance found, as the case may be'\ to [here specify the works to be the said [Local Authority, naming it] forthwith done. ]
Whereas
now
"
Dated
this
day
of
19
.
(Signed.)
Section
217
Order
Form
No.
5.
of Magistrate for
Admission District.
of of Officer
Local
Authority.
British
Guiana.
the Local Whereas Authority] have by their officer [naming him] [describe to me, the undersigned StipendiaryMagistrate for the application
made
made that demand oath has been to me the said oificer has made and District, to pursuant to the provisions of the Public Health Ordinance, 1878, for admission of 'describe the situation of the premises so as to identify them], for the purpose and that such demand has been refused : the case the purpose, as be,] 'describing may [name the person having custody of the Now, therefore, I do hereby require you of the Local premises]to admit the said [name the Local Authority, or the officer Authority]to the said premises for the purpose aforesaid.
"
Dated
this
day of
19
(Signed.)
Section
219. Order
to
Form
No.
6.
permit
ExMcuiion
of
Works
by
Owner.
British
Guiana. District.
Whereas
for tho
complaint has been
Public
He;tlth
to me, the undersignedStipendiary Magistrate of the within the meaning District, by A. B., owner, the situation of the Ordinance, 1878, of certain premises [describe
made
A.D.
1879.]
as
ONDERNEEMING
SCHOOL,
[No.
1.
625
premises so
that C. B., the occupier of the said premises, identify prevents them'\, obeying? and carryins^ into effect the provisions of the said wit, that he, the said C. B., prevents the said A. Ji. from the said whereas describe the works generally according to circumstances'] \_here ; And not the complaint and to answer C. D., having hoen duly summoned having shown that the said works and it appearing to me sufficient cause against the same, nto of enabling the said A. li. to obey and carrj' for the purpose are necessary effect the provisions of the said Ordinance, I do hereby order that the said C. V. do permit the said A. B. to execute in the manner the same requiredby the said
to
the said A. B. from Ordinance in this, to
Ordinance. Dated this
day of
19
(Signed.)
THE Table For

of
THIRD
for
SCHEDULE.
and
Section
199.
Fees
Process
Letters
of
Decree.
c.
Summation, and servingsame For Writ of Execution, to be endorsed Summation on For Act of Levy, Inventory, and Advertisements of Sale of For Selling,a Commission of two and one-half per cent, on the amount Purchase Money. For Letters of Decree where for less than $500, to Property is Purchased include all charges for recording
........ .... ....
1 0 1
00 25 00
00
ORDINANCE An Ordinance
and
to make
a
No.
OF
1879.
A.D. 1879.
"
for provision School and
the Establishment
Instruction Youthful and Male
No.
"
"
Ordinance 9 of 1883 incorporated. Ordiwince No. 1
of liegulation of
for the
Training
Offenders.
Vagrant Boys
Sec also
of
1852.
[20thSeptember, 1879.]
WHEIIEAS
and which Be it therefore and
consent
ment expedient tc make provisionfor the establishof a School for the proper instruction and regulation at training of vagrant boys and of youthful male offenders, the boys may be employed in agricultural : pursuits enacted
of the
it is
by
the
Governor of
of
British
Guiana, with
follows
:
"
the
advice 1
.
Court
as Policythereof,
This 1879.
Ordinance
may
be cited
as
the
Onderneeming
School
Ordin-
Short
title.
ance,

"
the context
School
otherwise
requires,
"
Interpretation
of terms.
The
under The
School
"
means
the
"
established
at
Onderneeming
School
:
*'
the provisionsof this Ordinance : the Superintendentof the Superintendent means

"
"
Magistrate
means
any
StipendiaryMagistrate of
the
Colony.
626
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
A.D. [
1879.
Eslablishrrient of the School.

Establishment of Onderneeming School.
3.
School,
at
to
be
called
"
The
Onderneeming
Parish of
and
established
or
Onderneeming for the proper
in the
School," shall be St. John, in the County

training of vagrant boys
as
Essequebo,
of in
instruction
and
youthful male
offenders,who
shall, as
far
be practicable,
there
employed
Appointment
of
agricultural pursuits.
on
4.
The
to
Governor,
be
behalf
of of
His the
Majesty, may
School, who
appoint some
hold
fit
Super-
23erson intendent.
Superintendent during pleasure.

5.
The
as
shall
the office
Appointment
of oificers, etc.
Governor he may
servants
may consider
appoint
such
masters, matrons, and
necessary shall servants
for the hold
officers, masters, matrons, and School, and such officers,

office
during the
Governor's
pleasure.
Salaries of
6.
of the
Ihe
salaries shall
of the
officers, masters, Superintendent,

as
and
matrons
superior
officers.
School
be such
may
from
time
to
time
be
provided for
that purpose
and
by
the Combined of the

of such
servants
Court.
and all other
Wages
7.
which
The
wages
out
charges and
of the
time School
to
of expenses maintenance
paid
may and from
be incurred
in the due
maintenance from may Court.
expenses shall be be vided pro-
for that
purpose
by
as moneys the Combined
time
Appointment
and duties of Official Visitors.
8.
"
(1.)The
or
Governor
Official Visitor
appoint any person may Official Visitors of the School.

may
or
or
persons
to
be
(2.) The guidance of

or
Governor-in-Council such Official such Visitor
make Visitors
their
duties ; and
be
regulations,when
regulations for the the dischargeof his published in The Official

in
Gazette,shall
binding on
shall at
(3.) The
member
School
all persons concerned. all times be open to the
of inspection
any
of the Combined
Court.
Administratio7i
oj the School.
make of
Making of regulations.
9.
"
(1.) The Superintendent shall (".) For

For (h.) for the and the the proper for the
regulations
"
classification
the
inmates moral
training, education,
and in
and
struction inreligious the School
employment of the apprenticeship
pursuits,and agricultural
sent to ;
children
(c.)Generallyfor maintaining
proper conduct and
so
proper
in, and discipline

School. before
time
for the
management
made sliall be have
no
of, the
laid
or
(2.) All
Council for
regulations approval,and shall

Governor-in-Council
the Governor-in-
force
at
effect until alter

or
approved.
amend
any
(3.) The
sucli
may
any
regulation. (1.)Any regulation,as

and with
Council revoked
were
settled and approved l)ythe Governor-inuntil altered or Gazette,shall, publishedin the I'he Official the like approval, effect as if such regulahave the same tion in this Ordinance.
inserted
628
No.
1.]
ordered
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
the
1879.
be
to
be
detained
on
in
an
Industrial it is him
School,
sent to
M;igistrate,
the
if he under
is satisfied this
inquirythat
may order
expedientto
be
deal
with
boy
Ordinance,
order referred of
a
to
the School. the School
Form
of order
16.
and
The
Magistrate sending
as
boy
to
(in this
of detention. Schedule Form No.

:
Ordinance
1.
to
the for
as
"
order which
of detention
") shall
shall
the specify such
time time
School, being
the
to
the
teaching and
The
training of the
the boy is to be Magistrate may boy.

to
be in writing, in the detained

proper for
seem
Effect
of order.
17.
with
order of detention
and shall be
a
shall be forwarded sufficient

warrant
the
Superintendent
conveyance of
the
boy,
for the
the
boy
thither and
instrument
to
his detention
there.
in the
a
Evidence order.
of
18.
School of
An and
an
be
such
order
purporting to be an order of detention signed by a Magistrate,or purporting to be and be certified as such by the Clerk to
the order
was
to
copy the
Magistrate by
order.
whom
made,
shall
be
evidence
of
the
Sending to
the School of
19. under
with British
Where
the age
offender who, in the judgment of the any convicted of an offence of sixteen is years
Court,
is
j-outhful
offenders.
impi'isonmentor
Guiana
a
penal
of
servitude
before
the
punishable Supreme Court of
in
its
awarding
him
not to
sentence to two
be sent
the
years
the Court, instead of jurisdiction, oi'der imprisonment or penal servitude, may and be detained for there to a period of School, criminal and
not
more
less than 20.

The
than
five years. in his shall
Removal
of to the
Keeper
to
of every
Prison
to
having
School
custody any
deliver such
youthful
offender
warrant to
youthful
offender School.
offender
into
or
ordered
be
in
sent
the
the
custody
document
of
the
Superintendent,together with
of which
the
is sent
other
pursuance
the
offender
the
School.
Authority for detaining

offender
21.
of
The
a
of jôssession
the
warrant
or
other document
the School shall
which
youthful
offender
is sent
to
in pursuance be sufficient
authorityfor
his detention
in the School.
Government
Refusal in the of
and
of the Discipline
School.
boy
to
School
to conform
regulations.
refuses or in the School detained neglects wilfully conviction thereof,he shall, on summary regulations hard before labour, a Magistrate, be imprisoned,with or without without with and or for any term not months, exceeding three 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 remained of detention of his period as period equal to so much unexpired at the time of his being sent to prison.
22.
If any
boy
to
conform
to
the
Escape of boy from

School
23.
the
If
at
from therein the School escapes ordered to be detained any lioy he of of liis detention, time the })efore period expiration any
be apprehended without warrant, may be thinks then fit,may brought before
thereupon
to
be
liable,on
be
imprisoned, with
or
summary without
and, if the Superintendent a Magistrate, and he shall before such Magistrate, conviction not hard labour, for any term
A.D.
1879.J
three
ONDERNEEMING
SCHOOL.
[No.
1.
629
exceeding
to
months, and
term to
expirationof the
the his
of his
be
School,
there of
period escaping.
of
detention
whipjjing ; and, at the shall bo hack lirought imprisonment, detained during a period equal to so much remained as unexpired at the time of his
or
with
without
he
24.
Every
person
who
"
Penalty
on
either directly or indirectly, any (1.)Knowingly assists, in the School

to
boy
detained from
the
i'ssi^s'thig boy
to escape from
escape
from
the School
any
or
(2.)Directlyor
School
;
or
induces indirectly
such
boy
to
escape
*^^'^
School,
(3.)Knowingly
the School
shall be any
harbours, conceals, or
boy
an
who
has
escaped from
a
returning to prevents from the School,

thereof
before
a
guilty of
shall the

liable
to not
Magistrate, dollars, or, at

or
be
discretion
of any
the
term
without
hard
labour, for
exceeding ninety-six penalty to Magistrate, imprisonment, with not exceeding four months.
Granting
of
'
Superintendent may, with the approval of the Goverof the period of of six months the expiration nor, any to under his hand, permit him allotted to a boy, by licence detention named in the licence live with any trustworthyand respectable person and willing to receive,teach, train,and take charge of him. than (2.) Any licence so granted shall not be in force for more of those six before the expiration at six months, but may, any time six not for a further period, months, to exceeding months, be renewed from time to of and six f r'om the previousperiod so months, commence has of detention of the the time until expired. boy period time at any by the (3.)Any such licence may also be revoked his with the under hand, approval of the Superintendent, by writing be licence related whom the the and to Governor, thereupon boy may School. the under his to return to hand, required l)y him, by writing (4.)The time during which a boy is absent from the School in
25.
"
(1.) The
time
at
after
o^t'ôf ^jj^^^'e ^g
the SchooL
pursuance
of his in
licence
shall, except
be deemed
back
where
to
such
licence of
the
has been
time of
feited forhis
by
detention
misconduct,
shall be
be
part
the School, and, at the expiration of the time

taken
to
allowed
by
the licence, he
the
School.
(5.)Any
under
his
a
boy
or
who
licence
or
escapes from refuses to return
to
with whom he is placed the person of the School on the revocation
licence
to
at
the
deemed
same
escaped punishment.
The be
have
expiration of the time allowed thereby shall be from the School, and shall be liable to the
from time to such regulations as Superintendent, subject may with the consent the Governor-in-Councii, may to time approved by detained be in the ordered to of the boy concerned, bind boy any School apprentice to any trade, calling,or service until lie shall complete the age of eighteen years, notwithstanding that his period has not of detention expired; and every such binding shall be valid
26.
Power
to
^f'tifg^Scf
and
effectual to all intents 27.

A
and
purposes.
be
as
certificate, purporting to
the
the the
or
effect that removed
boy
therein
named in the
signingthereof,detained
therefrom,
of
or
otherwise therein
Evidence to signed by the Superintendent, at was duly received into and is, *"j/|g^j^Q"i School, or has been duly discharged disposedof accordingto law, shall
cion in
be evidence
the matters
stated.
630
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1879.
Maintenance 28.
When
of Boys
in
the
School.
Liability of etc., persons,

to contribute to maintenance of the
hoys
at
Scliool.
in the School, the father of the boy boy is detained is a legitimateor illegitimate son) shall,if of boy and sufficient ability, contribute maintenance to the training of the the dollar where in School week not one a a sum boy exceeding ; and where the the father of the boy aforesaid is not of sufficient ability, or of father is of sufficient ability the said then to a part only sum, pay bound the mother, the guardian, every by law to contribute to person male the support of the boy, and cohabiting with the every person of the boy shall, if of sufficient ability, be bound mother singuli in of the boy in the School the solidum, to contribute to the maintenance such part thereof as the father is not of sufficient ability said sum or any
(and
whether
the
to
pay.
Mode
of
enforcing liability.
Schedule Form Form Form No. No.
:
(1.) On the complaint of any Inspector of Police,or of the authorized of any police officer or constable thereto or Superintendent, the time of detention the at a during boy in Superintendent, any by
29.
"
2 3 4.
; ;
the under such
School, any
the last in
Magistrate
preceding
may, section
on
summons
to to
to
contribute his
liable person any the maintenance of maintain the
No.
boy
may,
to
the
and
if he thinks the
one
School, examine make fit,

or
as a
into
an
to ability
on
boy,
ment paynot
order
his
to
such of
Superintendent
dollar
agent
him may
person such weekly sum,
for the
exceeding
the whole
week,
the
seem
reasonable,during
detained
or any part of in the School.
time
for
which
the
boy
is liable
to
be
(2.) Where any the burden against,

to
person other than the father of proving that the father maintenance of the
of the is of
boy
be
on
is
sufficient
proceeded ability
contribute
to
the
boy
shall
the person
to
proceeded against. two (3.) Where

maintenance such persons may of
or
more
persons
either shall
or
are
liable
may
same
to
summon
contribute all
or or
the
the
order
boy, the
him,
that
to
Magistrate
at
before ordered
the
and
the such
time
at
any of different of
as
times, and
whole
svan
each
be liable for the

for
payment
thereof
the
be
paid
portion
one
the
Magistrate may (4.) Where

amount,
each shall
:
direct.
order
shall be where
directs
more
than
to
person that
one
to
pay
any
the
order
deemed the
be
separate order
each
against
person shall
Provided
liable to
that pay
be
the
whole from
amount
Magistrate orders named, the

others
this named
paying
order.
be entitled to contribution
the
in the
every of this Ordinance, to inquire into and for the purposes full power, the person whether determine proceeded against is liable to contribute the in the School of the boy to whom to the maintenance proceeding
(5.) In
proceeding under
section, the Magistrate shall
have
has
relation. such order

or
Terms of order
and for
30.
order
a
:
Every
is to be
;
shall
specifythe
the may hard
time
to
during
be made
which until
enforcement maintenance.
made,
every
and
such
may order
direct
payment
be
in default
the ment payfurther
enforced
summary three
manner
and, by distress,
or
by any Magistrate in of sufficient distress, by

any
term not
5 C.
imprisonment, with
months.
without
labour, for
ing exceed-
A.D.
1879.]
Every
such
ONDERNEEMING
SCHOOL.
[No.
1.
631
31.
Colonial
by
seven
the
shall go in relief of the charges on the the of and shall be accounted for School, respect and Receiver the to General within over paid Superintendent
payment
Appropriation
"^
Treasury
after
in
payment,
days
The
the
of expiration may
so
every
month.
32.
Govei'nor
in
his
discretion
remit, either wholly
or
Power
to remit
partially, any
33.
payment
ordered.
payment.
Any Magistratemay from time to time vary any such order of Variation ^^ order of tlie order whom the application either of the person on payment, on payment. of the made of the the case or School, as was he, Superintendent may his agent, on fourteen or days' notice being given to the Superintendent such or respectively. person
Discharge of Boys.
34.
tained 35.
from
nor
No the The
boy
age
"
who
has, to
J
the
'
knowledge
of the
atSuperintendent,
Discharge of
.
of
eighteen ^
may
years, at
shall be detained
time
in the
School. be
as
mg
"-^'"" attam18 years. to the

to
Governor
any
order any
such
boy
to
discharged
the Gover-
Power Governor
the School, either absolutely or on and the boy shall be approve, may
conditions
dischargedaccordingly.
charge of boy.
Miscellaneous 36.
into
want
Provisions.
made
of carrying Use of Forms, for the purpose invalidated for shall he effect the provisionsof this Ordinance the in Schedule contained this Schedule. to of form only ; and the Forms No
summons,
notice,or order
'
Ordinance,
which
or
forms
to
the such
like
effect, may
as
be
used
in the
matters
to
they
with refer, be
variations
circumstances
and, require,
when
used, shall
Service
deemed
sufficient.
be made
37.
of notice
notice
to to
liveryof
the
letter addressed
the
personally Superintendent,
the warrant
to
11
may him
on or
the Superintendent by deby being sent by post in a
Service notice,
of
38. of which
endorsed
1
The
a
11
productionof
or
or
other document the School, with

i-ii-iii_i
in pursuance
a
Evidence
as
boy is directed
annexed
be
sent
to
statement
}"g *"J'?'^' 'f

detained m the School, etc.
thereon
thereto, purportmg
to
therein Superintendent,that the boy mentioned the signing thereof, detained in the School, or in all proceedings relatingto dealt with accordingto law, shall, be the evidence of of, and of the due making of the boy, identity and subsequent detention of, the person in the warrant named or
signed by the of is, at the date has been otherwise

such order
be
other
document.
39.
of
Whenever
whipping
is awarded
under the
this
Ordinance with
by
which
"WTiipping,
Magistrate, the Magistrate

strokes, not
shall be
in specify and exceedingtwenty-five, shall
conviction instrument
the number
the
they
inflicted.
for the time
40.
before diction
The
Ordinances
being in
of
force of
procedure regulating
their summary
Procedure
StipendiaryMagistrates in the
and
to
exercise
juris- and appeal.

shall
jy^ 12 No.
appealsfrom
the
decisions
Magistrates Stipendiary
in
apply
all
oifences, payments, and
orders
respect of which
juris-and
o/ 1893 13 of
lo93i
632
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1879.
diction is
are
givento
manner
by
this Ordinance
section 16
summary
under
Stipendiary Magistrateby this Ordinance or which directed in to be prosecuted, enforced, or made that order of detention made : Provided no always shall be subjectto appeal.
a
Section
36.
SCHEDULE.
FORMS.
Section
16. Order
Form
No.
to
1.
sending
Child
School. Ondernee)ni)ig
Bbitish
Guiana. District.
Be
it remembered of the
that
on
the School
day
of
19
,
in pursuance
Onderneeming
Magistrate of the apparently of the age of said Ordinance, be sent to the there until the day
Ordinance, 1879, I, the undersigned Stipendiary do order that A.B., being a boy District, subject to the provisions of the years, and Onderneeming School, and that he be detained
19
(Signed.)
Form
Section
No.
2.
29.
Complaint for enforcing Contribution for Maintena)ice

British Guiana. District. The
case
from Parent, etc.
mag
complaint made be'],
of the
to
Superintendent of
me, the
the
undersigned
Onderneeming School [or,as Stipendiary Magistrate for

19
,
the the
one
this District, A.B., of the age of the Onderneeming School under directed and
,
day
years School
or
of
who
says that
detained in the said thereabouts,is now Ordinance, 1879, and has been duly ordered the
the
and
19
to
be
one
detained
C.
therein is
until
in
day
Parish of
to
of in the of and maintenance
that
I).,dwelling
a
County of
the
person
liable to
contribute contribute
the
to
said
A.
B., and
of the
may
is of said A.
sufficient
ability to
the
the
support
not
maintenance the said C. D.

on
B.; and
to
said
cause
complainant therefore
be simimoned
show
why
an
order
should
that prays be made
him
so
to contribute.
Exhibited
before
me,
(Signed.)
Form
Section
No.
to
3. etc.
29. Summons British

To
Parent,
Guiana. District. C. P.,
of
this
Whereas
complainthas
"
day been
made
before
me,
the
Magistrate for the This the matter : of complaint'] day, the on

o'clock in the
as noon
District,for that is, therefore,to command
you 19
undersigned Stipendiary state shortly \_here

you
to
,
be
at
and
appear
day
at
of before such and complaint,
to
may
then
be
there, to
answer
the
said
be
further
dealt with
according
Dated
to law.
this
day
of
19
.
(Signed.)
A.D.
1879.
ONDERNEEMING
Form No
a
SCHOOL.
[No.
1.
Section
633
4.
29.
Order
on
I'areiit, etc., lo contribute
Weekly
Sum
for Mainteuaxce.
Bkitibh
Guiana. DiRTKICT.
Be School
it remembered
a
that
on
certain
nun/
19 at day of complaint of the Superintendent of the Onderneeming
this
\or as
the
cii"ie
for h"'\
that
one
A. B., of the age
of
years
or
School in the said School under the Onderneeming detained thereabouts, is now Ordinance, 1879, and has been duly ordered and directed to be detained therein C. D., dwelling in and that one 19 until the day of
,
the Parish contribute contribute before
of
to
in the
County
said
of A.
is
person
liable to
the
maintenance
of the
B., and
is of
sufficient
of the said A. B., was support ami maintenance undersigned Stipendiary Magistrate for the and the said C. D. not District,in the presence hearing of the said C. /). ; \ôr appearing to the summons duly issued and served in this behalf] and I, having of all the duly examine 1 into the abilityof the said C. P., and on consideration
to the me,
ability to duly heard by and
the
circumstances
[or
week
19 may
to
an
Agent
the
same
of the case, do order the said U. B., to pay the sum of the said Superintendent], date
to
to the
said
Superintendent
per of the
case
of
from
,
of be
this
order, until
the
the
day
each fourteen
the
paid at day
of expiration
days [or as
bc~\.
Dated this of
19
(Signed.)
Note. suit
"
Where
an
order
is
made
on
several
persons,
this Form
must
he varied
to
the circumstances.
Form Warrant British Guiana.
No.
6. Contribution
Section
30.
of
Distress
for
Amount in
of
Arrear.
for
Maintenance
District.
To all Members
on
of
the
Police Force of
a
and
Constables.
Whereas
the
Onderneeming
years
or
School
hearing {or us
the
School
therein
thereabouts, is now Ordinance, 1879, and

until the of
to to
by the Superintendent of the complaint made that A.B., of the age of be'\ may in the said School under the Onderneeming detained has been duly ordered and directed to be detained
case
day of
in the maintenance the
the
19
,
and
that is of
A.
one
C.
D.,
dwelling in the Parish

liable
to
County of
said A.
19
,
is
person
contribute contril)ate
on
of the
B., and
said
sufficient
an
to ability
was
s\ii)portand
maintenance
of the
B.,
order
made the
the
day
of
by
for Stipendiary Magistrate

to
week
19
case
the against the said C. D. to pay District, of the sum Superintendent [or as the cue be'] may per from the date of the said order,until the day of the the as to be paid at the same expiration of each fourteen days [o;said
,
may
be];
And
whereas
there
is
due
upon
the
said
order
the
sum
of
days each, and default being for [three] periods of [fourteen] has been made of fourteen thererein for the space days : This is,therefore,to of you command distress of the goods and and forthwith to make you every after the the space of [fee] days next chattels of the said C. D., and, if within the said last-mentioned making of such distress, together witli the reascmable sum, do is not paid, tlu-n that charges of taking and keeping the said disti'ess, you sell the goods and chattels so by you distrained,and do pay tlie'money arising sale from such and to my Clerk that he may as by law apply the same pay said C. J). ; to the demand render the overplus, if any, on directed, and may to me, to the and if no such distress can be found, then that you certify the same end that such proceedings may be had therein as the law requires.
"
Dated
this
day
of
19
(Signed.) StipendiaryMagistrate.
VOL.
I.
43
634
No.
1.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1879.
Section
30. Coiiiinitment
Form
in
No.
6.
BefauU
of Distress.
British
Guiana. District.
To all Members
of the Police
in the
Force
and
and Constables,
to
the
Keeper of
the
Gaol
at
Comity of
Whereas the hearing of a complaint made on by the Superintendent of the that A.B., of the age of ^.9 the ease Onderneeming School [o?be'] mag in the said School under detained the Onderneeming or thereabouts,is now years School Ordinance, 1879, and has been duly ordered and directed to be detained that therein and 19 until the one day of in the County of is CD., dwelling in the Parish of of the said A. B., and is of sufficient to the maintenance liable to contribute a person of the said A. B., an order to the support and maintenance ability to contribute made the 19 day of by was on Stipendiary Magistrate for the District, against the said C. D. to the cane may of to the said Superintendent [_or as be]the sum pay from the date of the said order until the day of per week the 19 to be paid at the expiration of each fourteen the same as days \_or case day of be]; And whereas afterwards, on the may
, , ,
19
,
warrant
was
issued
every
to
all
Members
to
of
the
Police
Force
and
Constables
of due upon levy the sum the said recited order,being for \_tJirce'\ periods of \_ fourteen'] days each, by distress A nd whereas and sale of the goods and chattels of the said CD.; has this a return day been made to me, the undersigned StipendiaryMagistrate for the be found : This is, fore, thereDistrict,that no sufficient goods of the said C. D. can and to command Force Constables,and you, the said INIerabers of the Police safely convey to the Gaol at every of you, to take the said C. D. and him 1 and there to deliver him to the Keeper thereof,together with this precept ; And the said Keeper, to receive the said C. D. into your hereby command custody you, in the said Gaol, and for the there to imprison him [and keep him to hard labour'] term unless the said sum, all costs and charges of the said of and and distress and of the commitment conveying of the said C. D. to the said Gaol, of shall be sooner paid unto you, the amounting to the further sum said Keeper ; And sufficient for your so doing, this shall be your Warrant.
commanding
them
and
of them
"
Dated
this
day of
19
.
(Signed.)
OEDINANCE
A.D.
"
No.
OF
1879.
1879.
"
"
An
Ordinance
for
raisinga
Loan
for Public
Purposes.
See No.
s.
Ordinance
7 of 1887
10.
WHEHEAS
was,
at
the
Annual
meeting
of
of
the
Combined
Court
it said
on as
the
21st
:
"
day
and
April,1879, resolved
of
not
by
the
C((urt
"
follows
I. That bonds
the
to
Governor
issued five
to
Court
amount
be and
an
Policy be authorized to exceeding in the whole

dollars
cause
two
millioiis Public
hundred
thousand
not
charged
interest
upon thereon
the any
at
Revenues
now
of the in
Colony
approju-iated by specially
with
Ordinance
a
force,and
redeemable,
rate
any
to
.
within exceedingfour and one-half per cent, per annum, the date of issue, subject term not exceeding thirty years from the conditions hereinafter expressed,and that the said Loan
not
636
No.
2.]
4.
"
TFIE
LA
WS
OF
BRITISH
GUIANA
[A.D.
on
1879.
Issue for
sum
of bonds
sanctionerl. Schedule.
(1.) It shall be lawful for Colony, from time to time and as

to
or
the
Governor, for and

may in the
liehalf of the
cause
occasion
to require, to
bonds
be
as
issued in the
near
Form
as
contained
Schedule
for
as
this Ordinance,
the ment Govern-
thereto
circumstances the Receiver of the
will General
admit, signedby
the time thereto may
Secretary and
such other authorized persons by the
on
behalf
Colony
being, or by be specially
Governor-in-Council. shall be
and of four hundred for the sum eighty and sixty hundred of nine or pounds sterling, and four hundred of two thousand dollars or two or pounds sterling, four thousand of hundred dollars five hundred or or pounds sterling, thousand to dollars or one and eighthundred payal)le pounds sterling, of of such numljer bearer at the expiration exceeding thirty, years, not at of issue and from the time bearing interest to be paid half-yearly and cent, as four one-half such rate not exceeding per annum, per Governor-in-Council. the be from time determined tune to by may
(2.) Each
or one
bond
dollars
hundred
Provision
to
as
5.
any shall
Where
the bonds drawn

the
Comljined
be drawn
as
Court
directs any of
that
the
amount
raised for
than
limitation for
of time
objectshall special
be
so
paid within
the
less number
of years
repayment.
the thirty,
for the that
purpose whole of the
raisingthe
the
funds necessary shall become said bonds

Court
payable within
Prov-ision for of
time
specified by
Combined
repayment
loan.
(1.) In order to providefor the repayment of the said loan, there each year, in addition to the Colonial Revenues shall be set apart from
6.
"
the
interest
on
the amount
such
a
of the
bonds
from
time
to
time
sum
issued under
of the
this Ordinance,
bonds when
as
proportionate part
in the
of the
to
capital
the
said
sum
will be
same
sufficient becomes
to
aggregate apart
pay
said
capital
the
payable.
be
be
so
of
the
(2.) The amount capitalsum

Court
set
each
year
for
the
repayment
raised
for each
an
specialobject sanctioned proportion of

year
which Governor the
by
the
so
Combined
shall
equal
sum capital
raised.
the set apart each sum (3.) Where appliedto the redemption of the l"nds to be the in invested under the direction be
so
cannot
it is
be immediately it shall applicable, the

same,
of
the
until
with
accruing interest,can
applied:
be
set
sums
Provided
he
always that when,

allowance interest four per
determining the
for interest be
aiiiount to
accrue
to
on
apart each year, any

to
a
is made
to
the
invested, the
rate
obtained
per
annum.
shall not
be
estimated
at
higher
than
cent
Pledging of
Colonial
Revenues for
7.
shall
During
not
the
continuance
of
this
Ordinance,
Ordinance of
all
the
Colonial
Revenues
paj'ment of capital and

interest.
be held
appropriated by any specially to be pledged for the payment

in
becoming due
this Ordinance. 8.
made
"
respect of the
bonds
issued
alreadyin force and interest the principal of under the provisions

is
new
Replacement
of defaced bond.
(1.) In
and
case
defaced, it
cancelled.
shall be
issued under any bond for the Governor lawful

to
this Ordinance
to
cause cause
a
by accident
bond bond
to be to
delivered
the
and Ijearer,
to
the
defaced
be
(2.)The
the
Replacement
of lost
or
new as
1 ond the
on
shall l)ear the
same
interest
and
be
subject to
issued the
same
rules
originalbond. proof
has
to
9.
under
The
Governor,
his
satisfaction
that
or
any
bond
destroyed
this Ordinance
by
accident
been
lost
before destroyed
A.D.
1879.]
has
PUBLIC
LOAN.
[No.
and
amount
2.
637
same
are
been
paid off, may,

and
on
if the
nuiiiljer
of
such
bond
said
bond,
or
pay-
ascertained
due
securitybeing given,
Government time in when be all for any
to
his
for satisfaction, the
ovlnluT"^' jf
indemnifying
Government
a new
tlie Colonial may

at
loss to which
reason
any
subjected by
respects with
so
thereof, issue
bond
so
bond, corresponding destroyed ; or, if any bond,

Governor may
cause
the
lost
or
lost
the
money
due
destroyed,is overdue, thereupon to be paid off

or
the and
discharged.
SCHEDULE.
Form The Guiana Public Governor of British
of
Section
4.
Bond Guiana.
riiblic
^^l)^ ^^^^
^SSiSi
British
is authorized Loan
to
cause
1-
by the
Loan Public ^gyg
Bond. Loan
Issued
undek
the
Ordinance,
Ordinance,
this Bond the
^gg?5'
*t^
1879,
to
Series The
No. Government
be
issued, and
of British
all
Undersigned, the
Receiver General hereto
Secretary by
the
^^^^
Revenues
not
and
the
\_or
authorized
Guiana
being
specially
Governor^^^^ behalf ^^ specially appropriated jf^S^^^s

any
in-Council]of British Guiana, for and of the said Colony, do herebyacknowColony

ot
or
by
Ordinance the
in
force the
ledge that the '^f"w^ ^"^" indebted unto
British
" "
Guiana
'
is
before
passing
of
^^
5ôf
^'^
of
which
at 1
,
on
bearer, in the sum for the payment the day of

interest
at
Public
Loan
Ordinance, '^^.
of
per cent,
with
annum,
the rate
per
1879,
are
pledged
by
the
'^^"
.(25X
at
the
same
place, on
and
on
the
payable half-yearly successive days

ensuing
of the the date of
ôf
a,
next
last-mentioned
for
"
Ordinance
this
Bond,
the
surrender
ix'spective
^^3^
the
,
Interest
payment
sum oi
*
tuthis
of
Tj
the
^^
^^t"^
1^3^^,^^^^,^ ^^g Given this
capital
with the
Bond, T
f^(?5)/a visions
hereto attached, the Colonial the prople^lgedas Security under Loan of the Public Ordinance, 1879.
Warrants
'
under
our
Hands of
at 1
interest due
accruing
^5"^
day
thereon, and
for Bond the is
provision ^^"
"^
A.B., Government Secretari/. General, CD., Receiver [or A.B.,

CD.
,
redemption
of this the
^1^1^??
Specially authorized
this Bond
to
prescribed by
sign
Recorded
by
the
Governor-in-Council.j
Auditor Coupons. General.
said Ordinance.
"^m
Series The
Bond
No. and
Interest the
"Warrant
No.
Undersigned, [or Secretary hereto authorized being sijeciilly Council] of British Guiana, by tlie Governor-inthe Bearer, on the hereby undertake, for and on behalf of the said Colony, to pay of 1 at the sum Dollars, being Oneday of
the Grovernment Receii-er
,
(-ieneral
Half
Year's
Interest
on
their Bond
No.
Secretary. A.B., Governuient CD., Receiver General.
[or A.B.,
CD.,
Specially
authorized
to the
sign this Coupon by
Governor-in-Council.]
638
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1880.
ORDINANCE
A.D 1880.
No. facilitate
OF
1880. of
An
Ordinance
to
the
Removal
Wrecks
obstructing; Navigration.
June, 1880.] [9tli
B
Short title.
it enacted and
consent
by
the
Governor of
of
British Guiana,
as
with
the
:
"
advice
of the Court
Policy thereof,
as
follows
1. This
1880.
Ordinance
may
be cited
the Wrecks
Removal
Ordinance,
Exception of certain ships.
2.
This
Ordinance and shall
shall
not
not
apply
to
to
any
ship belonging to
to
His
Majesty,
Government
abandoned
apply recognized by His by such Government

any
or
any
ship belonging
such
any
Foreign
been
Majesty, unless
ship has
Power
to the to
3.
in the
Where
vessel the
is sunk, stranded,
or
abandoned
in any
fairway
Comptroller
of Customs
remove
wreck
obstructing navigation.
adjacentsea, or in or near any approach to any bay, the seashore of the Colony or the adjacent sea, or on port, or harbour of in the Colony or the adjacentsea, or in any of the territorial waters such vessel in his opinion, the Colony, the Comptroller of Customs, if, obstruction is or is likely to be an or danger to navigation, may take the whole or or destroy, any part of, and raise and remove possession vessel or part until the of the vessel,and light or buoy any such
Colony removal, raising,
as or
destruction vessel
or
he
thinks
fit,any
all
the
over
proceeds, pay
the
:
expenses surplus,if any, of such
thereof,and may sell,in such manner of out removed, and may, part so shall pay incurred in so doing, and
proceeds
to
the
persons
entitled
thereto
Provided
as
follows in the
"
(1.) Except
or
case
of property which
in value until been
at
is of
nature perishable
which
would
deteriorate
by delay,a
least
seven
sale clear
shall not
be
made of
two
under
this Ordinance sale has
days'notice
in
at
the intended
newspapers any time
owner
on
given by
advertisement and under the

same
least
publishedin the
before
Colony ;
(2.)At
the
thereof
sold any property is shall ))e entitled to have
this Ordinance,
delivered
fair market
to
him,
value
payment
of Customs
to
to
the
and
thereof,to be
person
of any
ConaptruUerof Customs ascertained by agreement

the
owner, or,
of the
the Compbetween troller failingsuch agreement, by
some
be
the
named
sum
for
the the
Secretary,and
value of
paid to
under
property
this
to
this Ordinance, be
deemed
by the Government purpose the as Comptrollerof Customs the for purposes provisionshall, be the proceeds of sale of that
property.
Extension
powers removal of to of
4.
The
or
of provisions
collection of
this Ordinance
sliall
or
apply to
thing
things being
forming
article or every of the tackle, part
A.D.
1880.]
cargo, in
WRECKS
REMOVAL.
[No.
in for
a
2.
639
equipments,
it
wore
stores,
the
or
ballast
"
of
a
"
vessel
;
the the
same
manner
as
if
tackle,
included any
term
vessel sale
and,
purposes and
of from shall
this the be
gar'go""eU!!^
Ordinance,
cargo
proceeds
or
of other
arising
from
vessel
thereof
as a
any
property
recovei'ed
therefrom
regarded
common
fund.
5.
"
(1.)
If
such
to to
fund
is
more
than
sold of
sufficient shall have
to
pay the for
all expenses,
same
the
Disposal of proceeds
of
persons similar
entitled
the
the
property
balance
in
proportions
th(; purpose of
rights
the of his be
the the
with
fund,
owner
and,
of any
of
vessel, etc.
ascertaining
value
pi'operty,
deemed
portion payable to as compared

to
property
the
other
sold, the property
the
of
value the
sold,
sale
near
shall such
be if
the
amount
same can
proceeds
realized
by
the
as
of
pi-operty,
as can
the
be
ascertained,
and,
if not,
thereto
be
estimated.
is any
(2.)
or
as
Where share whole
there of the of
to
the
balance
dispute or payable
of
doubt
to
as
to
the
persons the
entitled
any fund
may
pay
the
the
balance
the
person, the into
Comptroller
of the
Registry
Court.
6.
No
action done in
or
shall
lie
or
against
the
one
Comptroller
acting
under
of his
or
Customs directions
for
or
Protection
anything authority,
vessel
or
by him,
about article
by
any
of *lie
^f and Customs those
the
or
raising, removal,
destruction,
of
or
sale
or
of
any form-
of of
any the
thing
or
collection cargo,
things being
ballast in of any
ing part sunk,
tackle, equipments,
or
stores,
was,
vessel,
of
to
on
y^^^^^ceftain
cases.
stranded,
of
abandoned,
and
to
which
be
to
an
the
or
opinion danger Colony

limits
the
the
Comptroller
navigation
Customs,
the
act
likely
coasts
or
obstruction
along
the
the
ports
done
of
the
the of the
ground Colony.
7.
that
complained
of
was
without
the
Where
any
or
vessel in
or
is sunk
near
or
stranded
in
or
near
the
Harbour
the
of
Taking
of
Georgetown
Master
near
the
where
fairway
any
or
leading
vessel
thereto,
or
Harbour
in
or
^hriiarbour'"^
Master,
of the
Georgetown,
Port of Harbour of of New
and
is sunk
near
stranded
Amstei'dam Master of New
in
or
the
fairway
soon
leading
as
as
thereto,
become
the
aware
Amsterdam,
such
measures
shall, as
of
to
they
the
be
the
the
fact, adopt
case
precaution
and
to
circumstances within of
as
may and
appear
to
them
require
the
may
their
command,
and aflbrd
shall
Customs
to to
the
notify Comptroller (Amd.
the
casualty
of of
Customs
Comptroller
assistance
such
they
may
be
able
render.
1904,
s.
5.)
8.
The
or
Comptroller
control,
of
Customs,
be
entitled
and
to
all
persons benefits
acting
of
under the
his
Protection
direction
shall 1850.
the
Justices
Comptroller
of
etc.
Protection
Ordinance,
Customs,
No. 2 of
1850.
640
No.
3.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1880.
ORDINANCE
No.
OF
1880.
A.D.
1880.
*
An
Ordinance
the in
to
make Fires
provision for
and of
Origin
Serious
of
Inquiry into Occurrences resulting
Injury.
[9th June, 1880.]

T)
E it enacted and
consent
by
the
Governor Court
of British of
Guiana,
with follows
the
:-
advice
of the
Policy thereof,as
as
Short
title.
1. This
1880.
Ordinance
may
be
cited
the
Fires
Inquiry Ordinance,
Interpretation
of terms.
2. In
Ordinance.
this
Ordinance
"
Inquiry
"
means
an
inquiry
under
this
Making of inquiry into origin of fires

and other
occurrences.
certain
fire occurs causing injury to person or property, or any reasonable which there is in respect of ground to suspect that a crime where takes place resulting in been has committed, or any occuri-ence
3.
Where
serious District
injury to
in which it
person such
or
property, the
fire
considers
make
expedient or is inquiryinto the origin of (1.)The
StipendiaiyMagistrate of the if he has taken or shall, occurrence place, do the to Attorney-General requiredby so,
such
fire
or occurrence.
Summoning
witnesses,
of and
as
4.
he the
"
necessary, and
taking of
evidence.
may
deem of the
may shall examine
summon
such upon oath
witnesses
them
touching
matter
inquiry.
by
the
(2.)The evidence of every witness shall be taken down in writing scribed subread to and over Stipendiary Magistrate, and distinctly by such witness in the presence of the StipendiaryMagistrate. (1.) If
any
to
Committal witness
of
5.
or
"
person
at
summoned the time and
as
witness
at
any
inquiry refuses
the
summons excuse
failing
or
to appear of witness
neglects to
otherwise
appear
place appointedby
and if
no
and
comply
or
with
the same,
just
oath
is offered
summons
refusing to give evidence.
for such
refusal been for for
neglect,then (after proofupon

upon
some
of such
having
the
same
served
him the
such
with
have
to
or Ijyleaving personally p(!rson, either his of it shall be at abode) place person
lawful
such person
at
to
a
issue time
warrant,
under
his
tioned, men-
hand,
to
Ijringand
him the the
and
place therein
before
as testify
aforesaid.
(2.)If, on
obedience warrant,
refuses
to to
appearance
summons
or
such
person
refuses
to
refuses or preniisi^s,
answer
take
of the person summoned, either in so being brought by virtue of the upon oath to be examined concerning the upon such taken such oath, oath, or, liaving
questions concerning the premises as may be be he may which refuses to jiroduce then put to him, or any document the his sul)scribe refuses to suunnoned to deposition, produce, or his hand, commit the under StipendiaryMagistrate may, by warrant
such
A.D.
1880.]
so
IXQUIRY
any
AS
TO
FIRES,
ETC.
[No.
for any
consent
3.
641
person
not
refusing to
and
to
exceeding seven
examined
be. The of may
be
ordinary Prison of days, unless lie shall in answer concerning the

oi-
the
Colony
meantime
time
to
the
premises, or
to
produce
the
case
such
may
documents,
if any,
to
sul)scribe his
as deposition,
6.
General
his behalf, the Inspector Powers on Attorney CJeneral or anyone Police,or any Inspector of Police, or any person wliose certain be called in
to persons
conduct of the
any
inquiry, may
attend
may
witnesses, and 7.
"
questionor who may be affected by the result examine cross-examine or at the inquiryand requirethat any witness shall be examined.
becoming
aware
j^ inquiry."^
(1 ) A StipendiaryMagistrate, on
as
of any
to
fire or hold
"
Powers
of
occurrence
to
the
or
origin
any
of which
it appears
expedient
an
inagistrrte
inquiry, may
do all
of the
following things,that
is to say,
or, by order in ) He may from time to time himself inspect, (rt. and direct authorize under his or hand, writing any person fire where the the occurrence to or locality inspect persons and take such make has taken such examination and place, he deem as or expedient; they may photographs his hand, require that He by order in writing under (6.) may, has taken which the fire or occurrence the placein and near article and that left shall be or undisturbed, no thing place
shall
be
removed
for therefronj,
such
reasonable
for
time, to
the
be
in such .specified of the
be may order remains

liave full
to
and inquiry, extended by
purposes order any such like order in writing. While a any such shall of the Police Force in force every member
as
order,
the
may time
necessary mentioned in
be
authorityto
any person
remain from
prevent
may, memljers
to
of in possession and going thereon his
such any
placeand
article
or
thing from (c.)He

any he
being disturbei or removed ; by an order in writing under

of and the Police
Force,
without
hand, authorize bers, naming such mem-
take
should be it necessary productionat the inquiry; and

deems any
to
of any article or thing which keep possession or safely kept for inspection
{d.)Where
is
reason
article consider
or
thing,the production of
is
which
there
of the for the purposes necessary rant has been removed is concealed, he may, or by warinquiry, of the Police under his hand, empower any members Force, without naming such members, to search for such article
same or
for
as a
found, to keep possessionof thing and, when productionat the inquiry:

person under facts motion feels
the
Provided
any
follows,that
on
an
oi'der of
is to say, if any StipendiaryMagistrate made athdavit of the
the and
to
a
aggrievedby provisionsof
notice,
this section, he may,
without
Judge of the to jurisdiction vary or Supreme is and the the order of the Stipendiary annul hereby Judge Magistrate, the circumstances such order as make authorized to require. may shall, twentyEvery person who wishes to make any such application leave at the chambers four hours at least before making the application, to apply in writing of his intention notice of the Attorney General a he intends to use on and a copy of every affidavit which making such application.
except
as
hereinafter
directed, apply by
Guiana in
Court
of British
its civil
642
No.
3.]
THE
LAWS
OF
BRITISH
GUIANA
[A.D.
1880.
(2.)Every
any person offence punishable on shall

or
acting
to
who obstructs person under his order or summary fine not

or
the
StipendiaryMagistrate, or
shall be guiltyof an direction, conviction,and, being convicted thereof,

two
be
liable
exceeding
without
hundred
and
fortydollars
any
term not
to
imprisonment, with
month.
hard
labour, for
exceeding one
Expenses
witnesses of of and
8.
witness
remuneration
inquiry.
allowed,
witness civil from
not
on an inquirymay receive such reasonable should be Stipendiary Magistrate may certify what would be allowed to the exceeding in any case as
examined
the
for
attendance
at
the
Supreme
Court
of British
Guiana
in its
and all the jurisdiction, the sum annually voted of Justice.
of an inquiryshall be expenses for the miscellaneous expenses
defrayed
of the
administration
Inquiry
public.
to be
9. Every inquiryshall be conducted

10.
After all the witnesses has made full in have
publicly.
examined
Finding of Magistrate,
etc.
been
Magistrate
he in(|uiry, fire
or
investigation into
the
Stipendiary of the subject-matter
and
the
writing his opinion as to the origin of the the occurrence respect of which inquiryis held, and shall such shall thereafter be practicable, as sign as soon opinion, and, may the same transmit the to the with all Attorney General, together taken and the documents depositions produced.
in
shall record
Use See No.
of forms. Ordinance 12 of 1803.
11.
under before
The any
forms Ordinance
of
summonses
and
warrants
authorized
to
be
used
for the time in
being in
the
force of
StipendiaryMagistrates
may, with under
exercise
procedure regulating their summary diction jurisused for

summonses
the
necessary
be modifications,
and
warrants
this Ordinance.
ORDINANCE
A.D. 1880.
No.
OF
1880. Office of
An
Ordinance
to
anialoamatc
the
I\eoistrar's
Ordinances No. No. No. No. and 1868 3 27 of 23 of
Denierara
of Berbice.
and
Esscquebo
aiitlthe
Office Ixegistrar's
of 18G0, 1862, 1864, 12 of 1865, No. 4 of
incorporated.
it enacted and
consent
by
the Governor
Court of
of
British
Guiana, with
follows
the
:
"
advice
of the
Policy thereof,as
as
Short
title.
1. This
1880.
Ordinance
may
be
cited
the
Registrar'sOrdinance,
mid Iiegisirar\s O^ffice
Oj/icers.
Counties tlie of Demerara of Berbice and
are
Amalgamation
of Offices,
(1.) The Essequebo and

"
2.
the
Oflice of Registrar's OlUce Registrar's
the of
County
644
No.
6.]
7.
"
THE
LA
WH
OF
BRITISH
GUIANA
[A.D. 1880.
Sworn Clerk any has has
Filling of acting apSworn and Public.
(1.)Whenever Notary Public, it pointment of

and
Clerk
leave shall
of be
absence
lawful his
is for
granted
the
to any to
Governor
appoint
Notary
to act person been examined
for
him
during
of the
to
absence, provided
such
been office.
certified
by two by them
the
the
be
fit to
Judges of the Supreme discharge the duties
person Court and of the
said
(2.) It shall be Judges thereof, on
duty of the Supreme Court or any two of the applicationof the Governor, to proceed to named for such acting examine be to by him as a candidate any person and his for the fitness office in question. to to as certify appointment,
8.
Where
Application
for certificate of fitness for office of Sworn Clerk and
Notary Public.
Sworn Clerk, or other person holding office any Assistant certificate of his fitness to Office,desires to obtain a Registrar's and Clerk discharge the duties of a Sworn Notary Public, he may be examined to apply to the Judges of the Supreme Court ; and the thereupon it shall be lawful for the Judges to proceed to examine so applying, and, if he is found to be competent, to grant a person certificate of his fitness to discharge the duties of the office, although there may in the office of no be, at the time of the application, vacancy Sworn Clerk and Notary Public. in the
Duties Sworn and Public Sworn
of Clerk
Notary and of
(1.) Each Sworn perform all or any of

9.
"
Clerk the
and
Notary
and this
Public
duties
services
may which
or
the
authorized Ordinance behalf the
to
now
do
and in
perform ]"y
and may
Ordinance
lawfullydo and Registraris by any other

and and receive services
on
Assistant
force,
lawfully demand
duties
Clerk.
of the
Office the fees in
respect of such
Clerk may
to
for
time
being lawfullyprescribed.
Assistant duties in the Clerk behalf and and
same
(2.)Each
First Schedule.
or
Sworn services
lawfullydo
in the and may
and
perform
Schedule
as
all
to
any this Ordinance he and

were
a
of the
mentioned
First
manner,
all intents
purposes,
if
Sworn
on
and of the
Notary Public, and

Office the
for the time and fees in
lawfullydemand
last-
receive
respect of such
and
a
mentioned
Clerk
duties
services Clerk
being lawfullyprescribed.
Public
as
(3.) Each
his Office
17 Payment
for
over as
Sworn
Notary
from time
Assistant and
Sworn
shall likewise
perform
all such
duties
to
clerk
the Registrar may

s.
time
assign to
copyistin him. (Amd.

Public kind
of
1901,
The
9.)
who and Clerk Swoi'n every draws up any document fee or reward, without the credit of the Office
10.
and Registrar, Sworn
Notary
of
or or
of fees received
drawing
Assistant
Clerk,
reward
any be
documents.
whatsoever, description
of such fee
or
for
to
paying the
shall
whole
liable to
dismissal. Appointment
and salaries and of clerks
11.
of
"
(1.) The
such the
employ
clerks
Registrar may, with and copyists as may

business and from of of the
Office
the be with
approval
necessary such
of
the Governor,
the purpose
for
copyists.
conducting
and efficiency salaries
(2.)Such
as
clerks may number

or as
shall copyists time such

to
receive
despatch. respectively
time
to
the Governor
The (.3.) be
time
sanction.
clerks
and the
copyistsmay
Registrar, with
from the
time
increased
diminished the l)usiness
by
approval
of the
Fiuther
Governor,
"
of the
Office may
retjuire.
12.
as
provisions as to copyists.
part
of such Governor.
(1.) No salaryof any of the expenses of the and the amount copyist,
copyistshall at any time be considered unless the appointment Ofiice, Registrar's sanctioned of his salary, are by the
A.D.
1880.]
may any
REGISTRAR.
oi'der the
[No.
dismissal
from
on
6. the
645
(2.)The Governor Office of Registrar's

or
at
any
time
copyist employed
Branch
there,whether
salary
not.
Offices.
Office Registrar's
at
13.
There
shall in the
be
Branch
Office of the
New
of'Brancir^'^
Office at Amsterdam. New Power Branch to other Offices.
Amsterdam
County
lawful
of Berbice. the
14.
Office
,,^
It shall be
to
'
for such may
Registrar, with
Branch
,
the of
sanction
-of the
'^
Governor,
as
estabhsh
"
other
seem
Offices
the
establish Registrar's
to
the
.,
Governor
meet.
15,_(1.)
the direction and the Clerks
The
Berbice
Branch
of the
Office shall, under Registrar's in
Officers
of
of the Notaries
be Registrar,
always
charge of
one
of the Sworn
Branch Office.
Public, who
under
like direction
by
another
from time to may of such officers.
time
be reheved
Office time
to
(2.)The
an
Registrar
Swoni
Assistant
also may and one Clerk
assign
or mox-e
to
the clerks
Berbice
as
Branch
from
may
time
be
requiredfor the business

Fee Fund
of the said Office.
in Demerara
and
Esseqicebo.
a
with respect to following provisions Office in the of the Registrar's effect in the case that and Essequebo, is to say, 16.
The
" "
Fee
Fund
shall have of Demerara
Provisions
as
Counties
pj y^^j'jij
Demerara and ''^'^'i^^^^-
(1.)The
to
fees of the Office shall l)e General

to
on Registrar,
paid in regularly
a
by
the
;
Registrar
the Receiver
document
the credit of
Fee
Fund
(2.)The
each
or
or
instrument
or depositing executing, recording, preparing, whether original, whatsoever, grosse,
copy,
amount
before giving off the shall, of the fees,if any, payable

or
same,
demand
and
receive
the
grosse,
or
copy
of the same,
and
and respect of the original ment advertisealso in respect of any

in
;
stamp
be
connected
such
therewith
(3.)On
book,
ment
receiptof
to
fees, the Registrar shall
enter
in
cash
fee
in
Second
the Second
or
No. kept for that purpose in the Form Schedule to this Ordinance, the number
nature
1 contained of such of the
docu-
lo^^^^jj^; j^
instrument, the
name
thereof,the
the requiring
name
names
parties
of the
thereto,the
same
of the person and the fees paid for the same,

is in arithmetical
same,
the amount
to
of
the
person
whom
and such entries shall in each year be numbered delivered, one commencing with number ; sequence
or
(4.) No
until
document
the entries for the
instrument
shall be
given off by
made the
the
and
Registrar
the fees
of the
received
initialed
matters
been in respect thereof have been to have same paid over
cashier
Office for the time
by
him
being,and a receiptfor the Provided always that,in cases
same
signed and
or-
of arrest
other
documents of emergency, where are prepared out of any off be given the usual office hours, the same on payment of may thereof the fees without or receiptof the any entry being made shall in all such cashier obtained at the time ; but the Registrar interim document and such write an receipt for the cases sign on
fees, and
the cash
shall
take
on
slip of
the
can
paper
to
memorandum
same
of
the in
of the particulars fee

as
document, and
and pay
enter
the
the next
day
as
book such
fees
the
cashier, and
and
soon
thereafter
document
be
obtained
brought
to
the
646
No.
6.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1880.
Office the number
shall be
filled in
and
the
of receipt
cashier
obtained
(5.) On
the
Registrar shall produce to containing the record of all fees received the month, during together with an preceding he shall then pay over such absti'act thereof signed by him, and
the first
day
of each
month,
fee
the
Receiver
General
his cash
book
fees to the Receiver

a
General
; and
he shall at the
incurred
same
time
submit other
list
or
schedule
for clerks'
of all the expenses
during
the
preceding
month necessary
and advertisements, stationery, salaries,

;
expenses
and
of the cashier Accountant Clerks and
(6.)The
shall
pei'formthe duties his hand, depute,by writing under

Registrar
shall of the Sworn
himself, or
of the Notaries
Office, or, in his absence, one Public, to perform such duties.
Fee
Provisions to fees and Fee Fund in
Fund
in
Berbice.
as
17.
that
The
with followingprovisions
case
"
respect
to
Fee
Fund
shall
have
effect in the
of the Berbice
Branch
Office of the
Office, Registrar's
in
to
Bei'bice.
is to say,
(1.) The
Clerk
fees of and
the Office
Public
to
shall in
Notary
General,
regularly paid charge of the Office

a
be
by
the Sworn
the Assistant
any fee any fee of in a book to Schedule book for
to
Receiver
the
credit of
or
Fee in
Fund
(2.)Every document, original copy, and be payable at the Office, may

such
Second Schedule Form No.
:
respect of which
every in
receiptfor
the cash
shall,on Office, Ordinance,

and
payment
No. which
of such
fee,be entered
Second
fee
lie kept in the Form

this
1.
1 contained shall
be
the
the
of this Ordinance and receipt ; and purposes every such document shall have of such fee fairly the number, the year, and the amount and legibly Clerk and Notary written thereon by the said Sworn
Public
; and
all entries in
in
such
cash
fee book
; and
shall in each
be numbered be received
be
arithmetical said
to
paid
or
in
by by
the him
Swoi'n
sequence Clerk and
every
such
year fee shall shall
Notary Public, and

General, who
the
Assistant and
Receiver
shall such
write
stamp
his
name
official
designationunder
writing of the said Sworn Clerk or Notary Public ; and, immediately shall make so a on writing or stamping his name, corresponding entry of such fee in a book to be kept by him for that purpose, and to be called The Fee Fund Book, Berbice"; and Registrar's document the no or receipt coming within provisionsof this Ordinance section, shall,except as provided in the next succeeding subbe received in evidence in any Court, or by any Judge, Justice of the Peace, or other legal authority in this Colony,
"
without Assistant
its
being
or
so
written General
;
on
or
stamped
as
aforesaid
the
on
by
the
Receiver
(3.) No
Clerk
as
document and
receiptshall
be
aforesaid
cases
Notary Public, without Receiver by the Assistant

or
given olF by its being written

General
:
said
or
Sworn
stamped
that, Notary
Provided
are
in
out
of arrest
of the usual may
where documents emergency, Clerk office hours, the said Sworn
other
prepared receipts
and
Public
give
off sucli
documents,
and hour
and in
on
thereon, dated
such
of the
day
the
may which
write
interim
and receipts,
documents
which
they are given, and they are written,
A.D.
1880. received
the
REGISTRAR.
[No.
hours forty-eight the of time of
6.
C47
may
be
in
evidence
for
at
after
any
such such
same
date, but
interim is
to
Registrar shall,
amount
giving
as
write the receipt, of paper, given on a slij)
the fees for which

soon as
the
which
he shall hand
;
possible
aforesaid
the
Assistant
Receiver
(Jeneral
and,
within
the
shall be entered hours, every such document space of forty-eight in the said cash fee book, and numljered to correspond with the
same,
and purpose such
shall of
be
taken
to
the
on
Assistant
or
Receiver
as
General
of
for
the
being
after the
written
stamped
in
hei'einljefore
provided ; and,
hours,
same
of expiration be
the said space

as
forty-eight
document
written
; and
shall not
on
or
received
evidence, until the
has
been
stamped
the Public fee
with time of book
an
aforesaid
by
the Assistant
Receiver
General
(4.) On
said
sf)me
day, not
Clerk
General
later
than
third
Sworn
and the
Notary
cash
shall
Receiver
preceding month,
him,
and shall also
at
together
the
same
day, of each month, the produce to the Assistant kept by him during the abstract thereof,signed by
a
submit
detailed
statement,
showing
whatever
the
aggregate
kind, incurred
during
of expenses the precedingmonth.
all the
the Office, of
General 18.^ dated

Guiana
"
Fee
Fund. mentioned the

shall be of consoliBritish
Consolidation of Fee Funds.
(1.)The
form
the which
Fee
one
Funds Fee
hereinbefore
Fund of
and
the
Registrar's Office
List
shall,so
long as
of
the
of His the
of Legislature the Civil
Colony
make
due
of the
provision for
maintenance
Establishment
no
Colony, to
to
the
satisfaction
Majesty, and
control of the
longer,be sultject
and Court
the
appropriation and
under
of
Governor
of
Policy for the (2.) From
carryingon purpose and out of the said Fund

General expenses
the said the

the
Office.
General of
or
Receiver
warrant
the
Assistant pay
Receiver
shall,upon
of the
the Governor,
all salaries and
Office. months
head
19.^
The
Registrar shall,in
render under
the
to
of of
every year, make up and of the fees received ment
the Court
January and July of Policy a detailed stateand tariff, of the costs,
Making
of
half-yearly
each
of the each
fees^receive
of his Office, under charges,and expenses incuri-ed during the preceedinghalf-year.
head
of
disbursement,
Records 20.
All
of
the
Supreme
Court.
Keeping
records of of the Com-t
the records of the Supreme Court of British Guiana in its in and of Demerara and for the Counties Essejurisdiction and all depositions and other documents connected i|ue})0, therewith, shall be kept and preservedin the Registrar'sOffice for Demerara and and custody of the Registrar; and the Accountant Essequebo in the care in the said Office shall charge and and receive to the over pay Registrar the fees allowed by the Fees and Costs (Supreme Court) and also the fees allowed Ordinance, 1855,- for copies of depositions, Ordinance for for subpoenas when time in force the by any being of tried before behalf be the said to required by or on any person criminal
^
Supreme
in its criminal
jurisdictionin
Demerara and
Essequebo.
See No.
Ordinance 19
of 1893.
See
now,
however,
s.
7 of the No.
Civil List
Eepealed by
Ordinance
17 of 1901, and
Ordinance, 1904. (No. 18 of 1904.) in lieu. other provisions made
648
No.
Court
6.]
; but
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1880.
charge shall be made againstthe Colony for any service required performed,or preparationof any subpcena or document at certified by the Registrar, or to be given off, made, signed, copied,
no
for the
the instance
of the Crown.
Keeping of separate
records of the Court
Supreme
all other 21. The Registrar shall set apart, and keep separate from in his of every kind and description books, deeds, acts, and documents in its civil of British Guiana Court the records of the Supreme Office, for the jurisdiction County of Berbice. Counties of Demerara and
in its civil
Essequebo
and
for the
jui'isdiction.
Registers of
Keeping of separate registersfor recording
documents.
Documents.
22.
from
and
series of registersfor entering (1.)The Registrar shall keep one this wills of to and sent all deeds Colony probates recording for entering and place abroad ; another series of registers any
"
recording
estates
all last wills and persons
testaments,
and codicils,
inventories another
of
the
of deceased
dying
in
the
Colony
; and
series of
for entering and recording all instruments registers in (2.)The said registers shall be written
of books
protest.
stronglybound,
and
made
The
of thick durable
books the of Offices
paper.
Validity of existing
records.
23.
registersor
of the
records
heretofore of
and
at
present
and
existing in
are
Registrars respective
be considered
and and
Demerara
to
Essequebo and of Bei'bice shall hereby declared to be, vahd

of
or
taken
; and
be, as they
in all
records legal
taken
all authenticated
copies
Courts
extracts
therefrom
shall be
and
received
if not said
of this
as
shall be
Colony as prima facie evidence,which, the good evidence as the originalsof which
records.
of easy
to
rebutted,
records
purport
Indexing of registers.
to
be
24.
For
the shall
purpose
annex
reference book
to
an
the
the aforesaid registers, of the
Registrar
documents
one
each
alphabeticalindex
the
said for
therein
contained, and
shall, from
indexes, form
class of the
generaland
index comprehensive alphabetical
each
records in his Office. 25.

one
Removal
of
The
or
Registrar, under
more
the
direction
of
the
Supreme
Court the
or
of
pai)ers from vault, under direction the of
Judges.
vault of from Judges thereof, may remove any the named Governor, any the Registrar's by Office,to any place to be of the trunks, boxes, packages, books, antiquated legalproceedings, of the and papers
which,
any
to
one
the
or
Registrar
more
and
the
said
Court
or
to
the
Registrarand
necessary
of
remove.
the
Judges
thereof,it may
appear
and
expedientso
Execution
to
and
Recording of
Documents.
Execution
and
custody of transports,etc.
executed Any transport, mortgage, lease, or other document in be executed such of in the discretion Judge, before a Judge may, such of the that Provided original any always any part of the Colony : 26.
transport, mortgage,
in
lease,or
Demerara
other
document
relating to
shall and be those and
lands
situate served pre-
the
Counties
in the situate
of
and
in
Essequebo
Georgetown
shall be
kept
and
Registrar's OHice
in the
relating to
lands
the Branch
of the
County af Berbice Office in Registrar's
kept
preservedin
New
Amsterdam.
A.D.
1880.]
(1.)No
or
REGISTRAR.
transfer
[No.
of any action
or
6.
Mode of
649
27."
or
assignment
or
mortgage, lease, ment, agreewhatsoever

of
or cerning con-
contract, instrument,
cause
of
whereby
be in in
any way
lands, tenements,
affected in law
Colony
and favour
or
may executed of any

on
any this
or
executing, and or dejrosit, hereditaments in this recording of, transfer of in equityentered into
Colony, by
person be
whomsoever,
person any whether for
whomsoever,
a
to
and
in
mortgage
document
or
valuable
consideration
not,
and
subsequentto
the 16th
be
may
hereafter
executed, shall
the
be in any way or or pleadable Justice in this Colony,unless presence is of two
allowed
same
day of February, 1845, or which good, valid,and effectual in law, Court to be pleaded in any of is signedand executed in the
same,
as
affecting lauds in the Colony.
witnesses, and
or
until
the
well
as
lease, agreement, contract,

in duly deposited When (2.) any
or
instrument
the evidencing
or
cause
the mortgage, of action,

ment, instruin
the
such
Office Registrar's
recorded
therein. recorded the
mortgage,
is
lease, agreement, contract,

transfer
or
cause
of
action
alreadydeposited or
such Office in which Registrar's depositedor recorded, it shall not
record such mortgage,

of action.
assignment is to be be necessary again to depositor lease,agi'eement,contract, instrument, or cause

i
28.
No
act
of
or verweezing,ante-nuptial
marriage contract,
other
dona-
Mode
of and
tio inter
vivos,act
the
on
of division
of
an
inheritance,or
or
instrument
executing,
whereby
executed
which in may
or
interests and
of creditors
subsequent to
any way in this
l)e hereafter be
in
law,
Court
of Justice
be affected, parties may recording of, day of February, 1845, or act of etc. executed, shall be good, valid, and effectual feezing, in be allowed to pleaded pleadableor any Colony, unless the same, if executed in this the 16th
ver-
third
Colony, is signedand
executed
which the
executed
in the
presence
of
two
witnesses, or, if
of the
abroad,
been
is executed
according to
therein.
or
the laws
same
country
in
it has
entered
or
into,and
until the
is
in duly deposited
Office Registrar's So
soon as
recorded transfer
29.
recorded
shall the such action
any
assignment of
or
agreement,
as
hereinbefore
to
or
cause
of
any mortgage, lease. Effect of or depositing action is depositedor

or
provided for, such

valid
transfer
assignment
transfer
^f
etc.
be
held
be
transferee
primd facie and title, assignee all right,
and
effectual,as
interest
conveying
in and
or
to
mortgage,
to
cause
any
of
mortgage,
lease, agreement,
or transferring possessed by the person assigning interested to the right of any person the same, nevertheless, subject, such transfer of any or assignment. disputingthe validity
theretofore
30. extend ment,
Nothing
to
any
''
in
this
or
Ordinance
shall of
ot
extend
any
i"
or
be
1
construed
i"
to
Saving
executed to IGth
as
to
transfer
.
assignment "
or cause
mortgage,
lease, agreeor
or
t^'ansfers, etc.,
prior Feb-
contract,
instrument,
action
whatsoever
in luaiy, concerning or whereby any lands, tenements, or hereditaments affected law in be in any or this Colony might or may equity, way act of verweezing, ante-nuptial or to any marriage contract, donatio or inter
1845.
vivos,
the
act
of
division
of
an
inheritance,
or
or
other
instrument
whereby
so
interests if
which, affected,
entered 31.
"
into and
might or may be parties entered into and executed in this Colonj, has been executed priorto the 16th day of February, 1845.
of creditors
third
document or deposited or left for record (1.)Every instrument the to same in the Registrar's Office,previously being received by the in the executed if the is same Colony, shall be verified and Registrar,
VOL. I,
Mode
of
P'o^^"?
document.
44
650
No.
6.]
THE
LAWS
OF
BRITISH
GUIANA:
[A.D. 1880.
proved, by
have been authorized
the
oath
of
one
at
least
of
;
the
and
duly signed
to
and
executed
and
subscribingwitnesses, to the Registrar is hereby

oath.
the
administer
(2.)Whenever
subscribing
either
or
any it is made
every
such
to
apparent
to
Registrar that
or
all the
are
or or
attesting
absent
witnesses
any
instrument
document
to
dead
from
the
Colony,
the
person
wishing
may
more
aforesaid document as or registerany such instrument of the signature of any one or evidence, by affidavit, of the party who or subscribing or attestmg witnesses and the Registrar shall receive every the same, executed in the
deposit produce
of
such
has
signed or
place
and
stead
of
an
affidavit
by
any
such
such affidavit, subscribing or
himself. attesting witness (3.)The Registrar shall

and
Second
enter to
the
be
documents
in
in
book the
of particulars kept for that
all such
ments instruthe in
Schedule
Form Form No. No.
Form
:
ISTo. 2
case
contained
Office No.
Second
Schedule
of Demerara
to
in purpose, this Ordinance
2 3.
the in
of the Form
for the
Counties in the
and
and Essequebi)
case
the
3 contained
said Schedule
in the
of
the
Branch 32.
Office for the
County
upon
of Berbice.
Numbering
dociiments
of
The
Registrar,
preparing
or
each
copy,
instrument, document,
shall
a
prepared by
the
Registrar.
extract, certificate, a same number, and

in the Form No.
grosse shall
copy,
cause
other Second
place upon
book,
to
the
to
be entered in Schedule
be
kept
Second Schedule
Form No.
1 contained said the
in the
to
this
Ordinance,
the number
1.
or
of the
copy, copy, the parties thereto, the
other
instrument, document, certificate, extract, grosse of nature thereof, the date thereof,the names of the person to be name requiring the same
amount
prepared or made,
name
the
to
of fees to be the
same
paid for
the
same,
and
the
of the
person
whom
is delivered.
Specification
of fees in
case
of grosse
copy.
of any in which act or case a (1.)Ill every grosse copy of the fees for is required to be given off, the whole and for all advertisement, for passing or executing, for copy or copies, other matters such and things relating to act or instrument, from the advertisement the of the to the party entitled to delivery grosse copy such both shall be thereto, included, specified grosse copy, and upon each fee for such shall forth and show the set particular specification the total amount of all the fees is composed. item, of which shall be delivered (2.)No grosse copy of any act or instrument
33.
"
instrument
oft'to the
person
or
entitled to receive
instrument
a
the
same,
unless
he
grants
on
the
originalact
Specification
of fees in of other documents.
cases
receiptof such
the
grosse. instrument
34.
Tn
all other
out
cases
document
or
given
off
or
delivered
the face of it a Office shall bear upon Registrar's of all the items s])ecification charged by the Registrar or in his Office for all services, matters, and things done and performed for or on
of the
account
of such
document
be in
or manner
instrument, and
and form
relative
thereto,and
directed.
such
shall specification Giving of receipt for

document
hereinbefore
35.
either reward mislaid returned
The
for
document or Registrar, upon receiving any instrument without fee or shall or registration record, give a receipt
same
brought for registrationor record, etc.
for the in the within
; and
if such
instrument it is the
or
document
or
is lost
or
Registrar'sOffice
a
before
to
registered
recorded, and
to
reasonable
time
part}' entitled
the
sion posses-
the Registrar shall be responsible for all and ther(!of,
the singular
damages
which
may
be
therebysustained.
652
No.
6.]
THE
LA
^YH
OF
BRITISH
GUIANA
[A.D.
for
or
1880.
document,
of
or
or
instrument,
to
on
receipt
fees
are
of
the
fees
to
payable
be
in virtue
relative
which
such
claimed
the shall
payable.
of
Provisions
as
41.
Counties
British
The of
officer Demerara and
now
lawfully holding
and all the the
office be
now
Registrar
first
office
for
the of the all
regards
existing
officers.
Essequebo
other of
the
Registrar
in and
Guiana,
Office officers the
officers Demerara
holding
and tlie office any office and duties in the other in the every
Registrar's
the other of Office
of
Counties the officer

now
Essequebo,
of the
(except
of
performing holding
shall,
without like
trar Regisfurther
of
the
County of County
be
Berbice)
officers
;
Registrar's
or
Berbice,
and the His
appointment,
Office officer of British shall
deemed
Guiana office
holding
said
Registrar's
such other
Registrar
hold
during
Majesty's pleasure.
SCHEDULES.
THE FIRST SCHEDULE.
Duties
Section 9. 1.
of
Assistant
Sworn
as
Clerks. of Court
any
;
Attending Supreme
any of
on
behalf of
of
the
Registrar
Guiana in
Clerk
Session and
in
of
the
Court
the
British
its civil
upon
jurisdiction Registrar
and
or
performing
the Judicial
duties of
legally
Powers any
devolving
ad Hies.
the
Department
2.
liis Office.
Drawing Sealing,
deceased
and when
Passing
Drawing
Passing package
in
any
Inventory.
house
necessary,
door, box, trunk,

of of any
the
of
person.
3. 4. 5.
Drawing Drawing Sealing
and and up,

od
Passing Passing
when
acta.
any any
Act
Sealing. breaking
paper, the
Act
Seals
and
taking trunk,
Sales.
or
them
off. posited de-
necessary,
parcel,
box,
package
6. 7. 8.
Attending
Drawing
Documents
and
Execution
Sales Acts
and
of
Administrator of Wills
General's and and of
Passing
Act, any recorded
any
Deposit
or
other off
Documents. certified
Registering Administering
Paper,
or
Document,
in the undnr
giving
Copies
of
deposited
or
Registrar's
the
Office. of this Ordinance.
9.
Oath
Affidavit
provisions
THE
SECOND
SCHEDULE.
FORMS.
Section
16 32.
Form
No.
1.
17,
and
Cash
Fee
Book.
Nature No. Document.
of Date.
Names Parties
of thereto.
By
whom Amount to be of Fees. delivered. To whom
required
jKepared.
A.D.
1880.]
COURT
OF
POLICY
(EVIDENCE).
[No.
7.
653
FoKM
No.
Denierara
2. and
Section
31.
Register Book
for
Essequebo,
To whom Date of back recorded.
Names No. Nature Document. of Parties thereto.
of
liy whom
deposited
or
Year, Montli, Day, and Hour

when left for Record.
delivered
left for
Delivery.
Record.
Form
No.
3.
Section
31.
Reyistvr Book
By whom
or
for Berhice.
Year, Month,
and Hour when left for To whom
'
No.
; Nature
of
Date Docu-
of
Names Parties
of
(Document.
ment.thereto.
deposited Day,
left for Record.
delivered back
Date
i
of
Delivery,
Record.
recorded.
OKDINANCE
An
No.
OF
1880. Council
A.D.
"
Ordinance Governor
of the said
for and
enablingthe Go vernor-inof Policy, Court or any

to
or
1880.
"
"
Committee
Evidence
Ordinances No. and
Court,
procure
and
take
7 of 1882 No. 21 of
upon
Oath.
I'JOl, s. 4 incorporated.
[28th July, 18H0.]
As
to the
bined Com-
Court,
THEREAS Governor
it and
is
expedient that the Court of Pohcy, and any

be
are
Governor-in-Council
Connnittee of the
see or
Ordinance 5
No.
of 1883.
said the
Court, should
various
matters
enabled
to
make
full
investigation into
which
the powers have i-espectively oaths and of administering Be it therefore and This
.
subject to their determination, and should of compelling the attendance of witnesses

to
vsîtnesses the Governor of
enacted
of the
by
be
of

follows
:
"
the
advice 1
consent
Court
Policy thereof,as
as
Ordinance 1880.
may
cited
the
Court
of
Policy (Evidence)
'^hort title.
Ordinance,
2.
and
"
it appears (1.)Where of Policy, to any Court or
to
the
Governor-in-Council
of the said
or
Governor
Power Court
to the of
Committee
Court
appointed
654
No.
7.]
the
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1880.
Policy,
Committee thereof
summon
or
to
to give person and evidence
Colony is able to give respect subject-matterof any question any arisingfor their determination, or has any books, plans,or documents his control in any in his possession or under to the subjectway relating
Governor,
any person
to
by
that
within
the
information
with
the
to produce documents, etc. Schedule Form No.

:
matter
or
of such and
to
question, it
Court issued
to
shall
be lawful for in in
for such the
the
Governor-in-Council
to
cause
a
Governor
of
to
or Policy,
Committee,
Form No. form
as
summons
be
such
person
or
1 contained the
in
the
1.
Schedule may
this
Ordinance
such
other
stances circum-
and
appear
to render expedient appear before the Governor-in-Council
requiringsuch
or
Governor
to be person and Court of
or Policy,
before of
such
Committee,
at
the if
time
so
purpose produce the
the
being eyamined, and, books, plans,or documents

to
and for placespecified, required,then there to

to
referred
on
in the
summons,
or
and
thereafter and
remain of
in
attendance
on
the and
Governor-in-Council until
Governor
Court
Policy,or
or
such
Committee,
Court
of
by
such
Governor
permitted Policy,or by by
now
Committee,
to
withdraw.
summons
(2.)Every
a
such
shall in the
on
a
be served
same
by
the
Registrar or
is
to
Marshal, and may

law
a
be served
be served the
by
as
requiredto
witness before
Supreme
person Court of
a summons wây as who is summoned
attend its civil
British
Guiana
in
jurisdiction.
Administraaffirmation witness.
tion of oath
3.
or
"
(1.) The
administer Court
Governor-in-Council
an
or
Governor examined
and before
of
Court the
of
Policy
or
to
may the
oath any
to
any
witness of
an
Council
said the
; and
Committee
the
Court
to
Policy appointed
e\amined
by
Governor
before the said
administer may Committee.

to
oath
any
witness
witness (2.)Where any objects to conscientiously affirmation and
be
an
examined
under may
this make
Ordinance
his solemn
"
take in the
oath,
he
declaration
words
that following,
is to say,
and truly affirm and declare that the taking "I, A. B., do solemnly, sincerely, of any oath is,according to my religious belief,unlawful, and I do also and truly affirm and solemnly, sincerely, declare,etc."
(3.)Any
the oath
same
solemn and
affirmation
and
declaration the
same
so
made
shall
be
as
of
an
force
and effect, usual form.
shall entail
consequences,
to
taken
in the
(4.)Any by
the Clerk
oath, or
of the
affirmation
Executive
to
may Council
be
or
administered
the
witness Court be
by
of Policy who
administered Apprehension
of witness
is authorized
do
so
by
any the Governor, and
member
of the
may
by
any
member summoned
or
of the
Committee.
to
4. If any person Governor-in-Council

Committee
without in the sufficient
summons,
attend
Court
as
witness
before before
or
the
any
Governor
and
of
time
or Policy,
refusing or neglecting
attend.
of the Court
cause,
to
appointed by
to
the Governor,
the for
a
refuses
neglects,
or
attend be
at
and
place
mentioned
it Court the
shall of
lawful issue
the
Governor-in-Council
Form other No. in such
Schedule F''orm No.
Governor
2.
and in
Policy to
to
warrant, in the
or
contained
as
Schedule
this
Ordinance
form
to require, signedby the Government may appear and the to authori/ing Secretary, Registrar or any Marshal directing such person and detain him be brought arrest in custody until he can
the
circumstances
before person
one
the said Court

shall be
or
the said Committee

under such
warrant
Provided for
a
detained
always that no longerperiodthan
week.
A.D.
5.
1880.]
"
COURT
OF
POLICY
(EVIDENCE).
[No.
7.
G55
(1.) Every (a.) Being

any
person
who
"
Mode
of
sunnuoned
or
to
attend
as
witness of
before
tlie Go-
witues"
vernor-in-Council
Connnittee
sworn,
or,
Governor
and
Court
Policy,or
before
to
an
Tefusing
''"'"''"' ^
to
"
be
thereof where
to
or
be
appointed by the Governor, refuses he conscientiously objects to take

a
oath,
or
refuses
answer,
make
to
solemn
affirmation
and
declaration,
the
to
to
answer
fully and
sufficient in his
to satisfactorily,
best
or
of
his
or
knowledge
or
and
all questions put belief,

cause, to
or
him,
any his
refuses
omits, without
documents
produce
under
books, plans
control
;
or
possession
(6.) Being present

and Court member Court of
before
the
Governor-in-Council
any said
or
Governor of the said any
Policy,or appointed by the

of
before
Committee
Governor,
or
wilfully
Court
or
insults
the
Council
the
of
the
said
Committee,
may
be committed
to
period not
improper
the
in
exceeding
conduct has
any three taken
Ordinary
months
Prison
:
and
there
detained
that of
to
for where the
Provided
any
always
Committee Committee
any the
circumstances
shall
be
place before reported by

is the stated in
so
Court,
such
the Court
writing.
(2.) Whei-e
shall
any
person
committed,
warrant
of commitment
to
be
issued
authorizing
Keeper
; and
of
the
Prison such
detain
may and
such be
or
for the time therein person the Form No. 3 contained
the
every Schedule to
or
warrant
in in of
Schedule
^^""
:
this
Ordinance,
such
other
form
as
Governor
Court
^*'- ^"
Policy may deem (3.) Every

Governor-in-Council the Government and Prison
right.
warrant
or
purporting
Governor
to
be
issued of
and
Court
by direction of the Policy may be signed hj

in all Courts of law
to
sufficient the and said
and shall be deemed Secretary, effectual for detaining the person for the
cause.
be
in
mentioned been
issued
therein for
time
stated
and
to
have
good
sufficient
6.
shall
a
Every
be
witness
to
examined the
same
entitled
in the
under the provisions of and privileges, protection, of British Guiana
this
Ordinance
as
Privilegeof
witness.
immunities
witness
Supreme
Court
in its civil
tion. jurisdic-
7.
with
No the
officer
of
the of
public
service of
of
the
commission
give
or
evidence or any in connection with
any make any any
breach
his
Colony duty shall

oath
who be with
charged required to
is
Protection
of
"^th^^jre^ch of
duty.
statement
upon
respect
to
charge against himself.

who
8.
Every
false evidence
this Ordinance under person examined shall be guilty of perjury.
wilfully gives
^^""f^^'^gg"
giving false
evidence. E.\ercise of
9.
Court
The of
Governor
and
two
or
more
of
the
official members
of
of
the
Policy
to
sitting together for the

Governor-in-Council
consideration all the

or
arising
Ordinance
for
tlieir determination the
sliall have
powers
question any given by this

Court of
g'oTCli^j^r'
official
Governor
and
members.
Policy.
656
No.
7.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1880.
SCHEDULE.
FOEMS.
Section 2.
Form Summons
To
No.
1.
to
Witness
A.
are
B.
You
before fo"" before

the
His
before His hereby required to appear Excellency and the Honourable Excellency the Governor
the
Govemor-in-Council Court of
the
the
of
Policy,
of
or
His
Excellency
of
the
Governor
a
and
the of at and
,
Official
the
Members
the Court
Honourable
Court
appointed
the until
Policy, or before by His Excellency day of permitted to withdraw.

you
terms
are
Committee Governor
1
Honourable
Policy
m.,
on
the
at [_pl((ce'\
o'clock,
to
thereafter
remain
in
or
attendance
documents is
\_Ifthe
production
required, add. And describe in general

Therefore Dated this
fail not
at
hereby further the hooks, plans, peril. your

of
1
of any required then

documents
books, plans,
and there
to
produce
{here
or
required)^.
day
Section
4.
Form Warrant
To the
No.
tchere
2.
of jipprehension
and all Marshals.
Witness
neglects
to
atteyid.
Megistrar
A. B.
was
Whereas
duly
the
summoned
m.,
on
to
appear
as
witness
before
[r/s in
last
Form']
1
at ; And
o'clock,
whereas
; And
the
day of
B.
said
the
summons
duly
"
served
whereas
said
A.
therefore, this is to before [as in last Form'] and Issued of His by direction His Excellency the Governor
of his Dated
Now,
empower
you
of the Marshal, has, by the return has neglected to obey the said summons the said A. B. and to apprehend bring sufficient
warrant.
been
:
him
for so doing, this shall be your Excellency the Governor-in-Council
[or by
of
direction
of
and
the and
Honourable Official Members

1
the
Court of the
Policy,
of
or
by direction
Excellency
this
the
Governor
Court
PoKcy.]
day
of
(Signed.)
Section
6.
Form Warrant
To
No.
3.
of
Prison
Committal
of
Person
for
Misconduct.
the
Keeper
A. B.
of
the
at
Whereas of this is to
being
1
present
did
,
before
and to
now
[us
keep
next
in
Form
Xo.
1]
on
the
:
"
day
Now, therefore, custody for the day of
1
;
then you
there
the
misconduct said
A. from
himself
empower
1
and
direct
B., safely in
the
period of
to
,
ensuing
the
waiTant. the
day
of
and
for
so
doing
His
this
shall
Issued
by Excellency
your direction of His the

Governor
be
sufficient
Excellency
and the
Governor-in-Conncil
the
Honourable Official
Court
of
of [or by direction Policy, or by direction Court of
of His Dated
Excellency
this
the
Governor
and
Members
1
of the
Policy].
day
of
(Signed.)
A.D.
1881.J
GEORGETOWN
IMPROVEMENT.
[No.
1.
657
ORDINANCE
An Ordinance
to amend
No.
the
OF
1881,
Georgetown
1876.
Improvement
1881.]
the
a.d.
"
issi.
Ordinance (Vlissengen)
[12tli November,
Be and
it enacted
consent
by
the
Court
Governor of be
of
British
Guiana, with
follows
:
"
advice
of the
Policy thereof,as
cited
as
1
.
This
Ordinance
may
the
Georgetown
Ordinance,
Improvement
Short
title.
Ordinance, 1876, Amendment (Vlissengen)

2.
The
1881. is Reference to the Georgetown Improvement
Georgetown
referred to Lot
into
Improvement
as
^
(Vlissengen) Ordinance, 1876,
hereinafter 3.
to
the Principal Ordinance.

4 in the New Town Ward is hereby prolongationwestward
Building
divided
lines
; and
No.
declared
of
Enanle,"^
187"".
No. 2 of 1876. of Lot Division
be
three
parts
Lots No.
by
4
the
the
1 is
boundary
Ward
between
No.
1, No.
so
2, and
No.
in the said
incorporatedwith Lot No. 1 and the parts so defined respectively adjoiningLots No. 2 and No. 3 are in like manner hereby declared to be respectively incorporated with the said Lots hereby
,
the part of declared be to
Lot
defined
adjoiningLot
No.
"^ iJi^Ncw ^"""^*^ ^^

'
No. thus
2 and
No.
3 ; and
no
division
or
or
sub-division
of
the
said
lots
as
enlargedshall
The Ward lessees of
be made
recognized.
No.
to
4.
Town
Building Lots
be
entitled
as
1, No.
receive this
2, and
from
No.
3 in the
New
Transport
lots in New
of
shall
the
^Commissioners
on
transport of the said lots

tor
"
enlarged by
sum
Ordinance
payment
Jnia,-led bv
**
division
of Lot
Lot
Lot
No.
1, of the
2,
of
No. No.
do. do.
Lot
3,
$2,967. 2,366. 2,667,

if any, as be may the improvement of
No.
4.
together with such further sum, proportiondue by the said lots for
5.
"
payable
the said
as
the
Waixl.
Council of Georgetown (1.)The Mayor and Town shall,as soon Appraisement be practicable after the boundaries of any lot or half-lot situate "f'o*" 'l^ "'^ in the Columbia and Wârd l)een marked-out have and Lacy Town Laiy Town as Ordinance paaled-ofi^ requiredby section 65 of the Principal proceed Wards and at their own cost to make an "", "^ appraisement of each such lot or half-lot l*^? marked and paaled-ofi' out with the buildingsthereon, if so any, until the whole of the lots and with the buildings half-lots, 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
as
may
within the
same
the said
Ward
shall
be
levied
on
its value
so
ascertained,until
is altered in due
course
of law. may
at any satisfied
6.
The
Governoi'-in-Council
to
time
hereafter
such any lot
direct
in
an
power
to
alter
alteration
reasonable
^
be
made,
on
being
the
that
of
alteration and
is the
boundaries,
st''^^*^'^^"-
and
expedient,in
were
boundaries
and
22
The
CommiBsioners General
abolished No.
their
rights and
powers
transferred
to
the Eeceiver
by Ordinance
of 1896.
658
No.
1.]
THE
LA
WS
Ot" BRITISH
of any
to
GUIANA
[A.D.
1881.
and direction, position, space which

or
limits
or
street,road, drain, trench, or

be marked
open
has
been
is about with
out,
made,
Court
dug
in accordance
the
plans settled
65^ is
so
Policyin pursuance Px-ovided that, before such

alteration shall be
of
of section alteration in The
of the
laid out, paaled-ofi", and Governor the by Ordinance Principal ;
given
the
the
directed,notice of the proposed other Gazette and in one Official

order
that of
newspaper
Council whose of
publishedin
Georgetown,
interests may
Colony, in
the
Mayor
and
Town
proposed alteration the after days next Gazette,lodgetheir or

Construction of the Ordinance.
may, first
Vlissengen, or any person be prejudicially aflected by the making of the he within thirty if they or or sees see fit,
-Commissioners of the said notice in The publication the to proposed alteration, objections
his
Official13.) (s.
part of
7.
the
This
Ordinance
shall be
construed
with
and
shall form
Ordinance, Principal
(s.16.)
ORDINANCE
An Ordinance
to
No. the
OF
1883.
A.D.
"
1883.
"
"
amend
Law
relating to Sworn
Weighers
and
Gangers.
[24th Febrnary, 1883.]
B
Short title.
it enacted and
consent
by
the
Governor Court of
of

follows
the advice
:
"
of the
Policy thereof,as
as
1. This
Ordinance
1883.
may
be
cited
the
Weighers
and
Gaugers
Ordinance,
Board Appointment
of Board Examiners. of
of
Examinei's.
2.
"
(1.)The
as
examine
carry
on
from time to time appoint persons to may all of and desiring to to the capability knowledge persons Governor of
the business
"
(2.)The
Board
persons of Examiners
Weigher appointed shall referred (hereinafter

a
Sworn
or
Ganger.
form
as
so
to
to
which shall
of the Board (3.)Any two members be performed by the Board. from time to (4.)The Board may for of applicants the examinations 1)6
may time
be styled "The Board"). ized perform any act authorand the

"
make
regulationsunder
this Ordinance
licences
under
been The
to be possessed conducted, and for determining the qualifications by those hereafter obtaining licences. into force until they have shall not come (o.) Such regulations of Policy. and Court laid before and approved by the Governor
such amend alter and any Policy may and the Governor settled and the regulations, by as finally regulations, be shall binding The in when Gazette, C(.urt of Policy, Official published unaltered, and shall have or all persons concerned, while unrevoked on Governor and Court of the
same
efi'ect as
if contained shall
use
a
in this Ordinance.
Seal of the
Board.
3.
^
""'
'Hie
Board
was
seal.
2'2 of
Sect. 65 See noto
by repealed
s.
No.
18i)G,8. 15.
to
4.
660
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1883.
section sball be be
liable
to
one a
guiltyof an penalty of
that
and, being convicted offence,

not
:
thereof,shall
and
not
less
than
twenty-fivedollars
exceeding
to
hundred
dollars
Provided
always
persons
prevent
from
nothing herein contained shall be construed weighing or gauging produce belonging to

or
themselves
or
employing
their clerks
servants
to
do
so.
Regulation of
Keeping
Licensed of
Business.
register by AVeigher and

Licensed
Ganger.
(1.)Every Licensed Weigher and every Licensed Ganger shall the description, he shall enter in which be bound to keep a register, of and package or thing weighed or marks, weights or gauges every gauged by him. Licensed Ganger who (2.)Every Licensed Weigher and every therein full the such to enter or particulars register, neglects to keep of each package or thing weighed or gauged by him, shall be guiltyof an and, being convicted thereof,shall be liable to a penalty of offence, dollars. five dollars and not exceedingtwenty-five less than not
8.
"
Fees
payable
and
9.
Every
Licensed and
as
Weigher
receive
and
every
Licensed
Ganger
shall
be
to Licensed
entitled to demand
for such services
at
Weigher
Licensed
Ganger.
payable
10.
notice and
"
the
time
may when
under this Ordinance prescribed such fees shall be be performed by liim,and the duty is performed.
the fees
Duty
of
(1.) Every
from any
Licensed
between
Weigher
of any
or
Ganger
shall, on
in the
Licensed
or Weigher Ganger to
six
o'clock in
or a
person the
the hours
of six o'clock
receiving morning
attend
and
Sunday
within
Public
weigli or gauge
one
hour
produce, when
required
do
so.
to
of the duties the of
of
or
weighing
him
at
such vessel
day of the week, other than engaged, proceed immediately,or after receiving such notice, to the performance of such his office as Licensed Weigher or Ganger in respect to gauging of produce of the Colony as may be required place or placeswithin the limits of Georgetown or on
evening
Holiday, if
not
board
carries
any
on
within in
or
the
near
limits
of the
Harbour
or
of
Georgetown,
the of limits the
if he
business
or on
Georgetown,
within limits New
of New Harbour which
Amsterdam
of may and New
board
Amsterdam,
vessel within any resides if he in or such

as
the
near
Amsterdam,
be appointed by perform such duties (2.) Every Licensed to comply with neglects
of
an
notice,and
there
continue
his attendance
of not Regulations
as
long as he may be reasonablyrequired. Ganger who Weigher and every Licensed shall be guilty of this section the provisions ofience, and, being convicted thereof,shall be liable to a penalty dollars. not less than ten dollars and exceeding fifty
"
1 1.
use
to
use
of
(1.) Every
for
Licensed
instruments.
instruments
Weigher and every weighing or gauging which
Licensed
are
Gauger shall accurately adjusted
and no other. plainlymarked used by a Weigher or Gauger for weighing instrument (2.)Every and stamped by order of the Board. be shall or approved gauging Licensed or Gauger who uses Weigher Every any instrument (3.) has not been approved and for weighing or gauging which stamped by of an shall be guilty order of the Board offence,and, being convicted dollars. of fifty thereof,shall be liable to a })enalty (4.)Every Licensed Weigher or Gauger who uses any instrument for weighing or adjusted or plainly gauging wliich is not accurately shall marked shall be guiltyof an offence, and, being convicted thereof, dollars. be liable to a penalty not exceedingfifty
and
A.D.
12."
machine and
1883.]
WEIGHERS
AND
G AUGERS.
[No.
every
1.
Testing of
GGl
(1.)Every Licensed Weigher shall used by him in weighing tested by

at
have
an
instrument
or
Inspectorof
^\'eights
"'"'*t''"'""^"*
or
exceeding three months. does not (2.)Every Licensed Weigher who comply witli this section shall be guiltyof an offence,and, being convicted thereof,shall
not
Measures
intervals
weighing
at
macliine intervals,
be liable to loose coals. 1 3.
(3.)This
dollars. penalty of twenty-five section shall not apply to instruments
used
in
weighing
Giving of
Every
Licensed any
Weigher
package
and
every
Licensed
Gauger, on
weigh-
or thing,shall,on receiving payment of to give off' weighing or gauging,be bound each of the persons to certificate of the employing him a correct description, marks, weights,or gauges of the package or thing weighed or gauged by him. or
ing
the
gauging
artfcfe'^w
or
fees prescril)ed
for the
gauged."
Offences.
1 4.
Weigher and every Licensed Gauger who gives Penalty for of any package or thing which weight or contents t^^^v^ti** |'^ has not been and under his personal personal weighed or gauged in his presence shall be guiltyof an offence,and, being convicted thereof, knowledge, supervision shall be liable to a penalty of fifty dollars.
a
Every
Licensed
to
certificate
as
the
*.
15.
"
(1.)Every
untrue
Licensed
be
Weigher
be
a
gives an
convicted
certificate shall
thereof,shall
and
not
liable to the
shall
and every Licensed Gauger who guilty of an offence,and, being penalty of not less than twenty-
Penalty for giî'iguntrue
five dollars
exceeding one
hundred
dollars.
of any
(2.)Every certificate of given by a Licensed Weigher

of this in the the
weight
package
or
packages
section,if
the
correct
certificate
by
more
than
the meaning untrue, within from the differs weight weight stated one per cent, of the weight stated in
be deemed
certificate.
of any (3.)Every certificate of the quantity of the contents package or packages given by a Licensed Gauger shall be deemed the meaning of this section, if the correct untrue, within quantity differs from the quantity stated in the certificate by more than three per
cent,
of the
quantity stated
several transaction certificate
in the
or
certificate.
(4.)Where
part of
stated
packages
and
the
in
same
things are the weight
the
differs from
be
thereof,such certificate shall of this section, although such

hereinbefore hears the
in this section of
deemed
if the
weighed or gauged as quantity thereof as the true weight or quantity the meaning untrue, within
or
difference
is less
than
the
difference
stated
complaint is
opinion that the
Stipendiary Magistrate who could error only have arisen
through
16.
"
gross
carelessness. Licensed
Punishment Weigher and evex'y Licensed Hanger who giî^g false weight of any package,or of the quantity foi; of the contents of any package, which he knows false shall be to be guiltyof a misdemeanor, and, being convicted thereof,shall be liable to a penalty not dollars or to imprisonment, exceeding five hundred with without hard or not labour, for any term exceeding twelve
(L) Every
gives a
false certificate
of the
months.
(2.)A
conviction
under
this section
so
shall
operate
as
cancelment
of the licence held
by
the person
convicted.
662
No.
1.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1883.
Miscellmieo^ts
Provision
case
Provisions.
to
in
17.
"
dispute to weiglit as or quantity of thing weighed or gauged.
of
(1.)Where
there
is any
dispute as
the
correctness
of the Licensed such
of any package or thing as weight or (|uantity interested Weigher or Gauger, any person for package or thing shall be left untouched if it is
ascertained may
by
of
require that
space
two
the
hours,
interval, such
General.
do so : Provided to practicable package or thing may Licensed Weigher or Gauger or any
always that, during the said weighed or gauged by any two or or by the Receiver more,
be Receiver of General
(2.)A weight or
shall
certificate
the
signed by quantity of the

without the
or
be
is the
admitted,
as
proceedings
shown.
Table Second Schedule. of fees.
proof that
correct
weight
fees set
stating the package or thing any proof of the signature,in all legal cate weight or quantity stated in the certifiunless the is quantity, clearly contrary
contents
the
18.
Second several
"
(1.)The
Schedule
matters
out
in
the
shall
Table be
of
Fees
contained in
in the the fee
to
this Ordinance
payable
Provided therein : that no specified shall be payable by of Taxation Oflicer or Commissary any (Amd. 20 of 1904, s. 5.) from and Court of Policymay time (2.)The Governor
respect of examination
of Customs.
Resolution, alter the said fees, and be to tion,determine the amount

any
Conviction not to affect
to liability
may
from for
time any
to
to time, by time, by Resolu
paid
service
performed by
person
under
this Ordinance.
19.
Where
of any of the
any Licensed offence under
Weigher
any person of which
or
any who
Licensed
has
Gauger
loss took
is
victed con-
this Ordinance, such the
conviction suffered
shall in
in
compensate
for loss.
no
way
affect the
act
right
in Licensed
of
sequence con-
respect
conviction full
recover
from loss.
such
Weigher
or
Gauger
place to compensation for
such
SCHEDULES.
Sections. Oath I
a
THE
FIRST
by
SCHEDULE. Weirhek
or
to
be
taken
Licensed that
I will
Gauger.
do
swear
discharge
and
Licensed
mill/
case
Weigher "Weigher [or Licensed Gauger or Licensed and and ability, /v]to the best of my knowledge, skill,
or
perform the duties of and Gaiiger, as the without fear, favour,

!
or
of partiality
to any
person
whomsoever.
"
So
help
me
God
Section
18.
THE
SECOND Table
of
SCHEDULE. Fees.
Fees
to
be
paid
the
to the Board
of Examiners, etc. by Applicant

or
1. Fee
to
Board
of Examiners of Taxation
being a Commissary ap2)lication

...........
Ulliccr
of
for Examination, not Customs, ou making 25 00
2. Fee
to the
Board
any
stamping
3. Fee to the
for inspecting and Examiners, or their Officer, for wt'ighing or gauging instrument
....
of
00
Keceiver gauges
General
........
for
Certificate
in
any
case
where
.
he f)
.
weighs or
00
A.D.
Ftes 4.
1883.]
to he
SEA
DEFENCE.
[No.
Gioujer.
2.
(iG3
paid
to
Licensed
Weigher
or
lAcotscd
Weighing
5.
every Package of Sugar, Tobacco, or other article exceeding 10 cwt., jier package exceed 4 cwt. and arc Pack^go where the cont'Tits Weighing every under
] 0 cwt.
.........
6.
Weighing
under
every 4 cwt.
Package
where
the
contents
exceed
cwt.
and
are
............
I.
8.
10. 11
.
do not exceed 2 cwt the contents Weigliing- every Package where Weighing Loose Coals, per ton other Spirits or Gauging and proving every Package of Rum Gauging every Package of Mohisscs Liquid tlian those Package of any other Gauging every
........ .......
before
0 12
mentioned Provided
............
day of July, 1883, no fee shall be payable under always this Ordinance is for gauging any jiackage wliere the quantity of the contents known not ascertained as Calipers. by instruments Where only a single Package is weighed or gauged,treble the above fees according The be charged. fees shall be payable at to the description of Package may the the the time when Licensed or duty is performed ; and when Weigher pensed disGauger is required to attend at any place and his services are afterwards with without duty being required to be performed, he shall be any entitled to a fee of One who required his Dollar, to be paid by the person has attendance, unless such person given notice to the Licensed Weigher or of attending at Gauger, previously to his leaving the Office for the purpose not required. such place,that his services were that, after the
1st
ORDINANCE
An
No. the
OF
1883. of the
Ordinance
to
secure
Maintenance
Sea,
A.D.
"
1883
"
"
River, and
Outer
Dams
of Estates.
Ordiwtnces
[9th June, 1883.]
No. and 1899
G of 1899 No. 23 of
it enacted and
consent
by
the Governor
of
of
British Guiana,
with follows
the advice
:
"
incorporated.
of the Court may
Pohcy thereof,as
as
1. This
Ordinance
be cited
the
Sea
Defence
Ordinance,
1883.
Short
title.

"
the context
"
otherwise
any
requires,
"
Interpretation
The
the
"
Colonial Public
Civil
duties of Colonial
Works and
Engineer Civil Engineer
includes
:
"
person
performing
Civil
Civil
The
Department
means
the
of
Colonial Colonial
"
employed by the person Colonial Civil Engineer or by any officer of his department : Works for repairing,strengthening, heightenwork means ing, any for or protecting any existingdam, and includes any work dam. It also includes a constructing or protecting new groynes and constructions of work and of any material description every
"
Engineer, Engineer's Department
includes
every and every
officer
the
or
arrangement
intended
to
protect
It
an
estate
or
any
land
removal
from of
being submerged or flooded. anything which, in the opinion of
also the
includes Colonial
the
Civil
Engineer,
of
ought
"The
to
:
be
removed
for
the
the
protectionor
time
conservation
in any notice
the
foreshore
time the
limited" Colonial
means
mentioned within which
given
by
Civil
Engineer
the
of proprietor
664
No.
2.]
an
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1883.
estate
is
where
Council
"
there
:
"
is
required to commence means an appeal,

any
near
or
the time
complete any works, and, fixed by the Governor-inany pieceof land any river or creek or 6 of 1899, s. 3.)
Estate
includes
on or
plantationor
to
or
estate, or
or
abutting
the bank
any
sea
shore
of any
river
creek.
(Amd.
Supervision of Defences.
Inspectionof
dams of estate.
3. and
The
Colonial
at
Civil
Engineer,and
enter
on
all persons
estate
authorized
by
sea,
him
in
T^^riting, may
outer
all times
any
and
inspect the
river,
dams
thereof.
the dam Colonial of any Civil
estate
Requiring to proprietor
execute necessary works.
4,
sea,
"
(1.)When
outer
Engineer
is in bad
is of
opinion that
or
any
river, or
order
or insufficient,
is
not
improperlyconstructed,either as regards positionor material,or is he is hereby empowered to requirethe proprietor protected, sufficiently
of the may
to estate
to
execute
Engineer
obedience
consider
any
an
ought
such of
to
woi'ks any be executed. has been Civil
which
the
Colonial
Civil
(2.)Where
shall be lawful of proprietor time
to
dam
completed, whether
Engineer
or on
in
order
for the
the
Colonial
Civil
otherwise, it
the
from
Colonial
as
the
to
estate
hereinafter works and

as
notice a Engineer to serve provided requiringhim may be necessary of 1899, s.
time dam
execute
such order
ing for maintain-
such
in
good
repair. (23
3.)
Works
Procedure where
of Defence.
Civil
5.
of
an
"
(1.)When
estate to
the
execute
Colonial any Civil
Engineer requiresthe proprietor

cause
a
works, he shall
and
notice, in writing
to
proprietor is
required to
execute
signedby
of
the
Colonial
works.
the
estate, without
in the
same
Engineer naming such

that
a
to proprietor,
Marshal
an
way
citation
estate, without
be served.
naming
shall
him, is for the

state
proprietor by a of addressed to a proprietor time being required by law

addressed
be
the
served
to
(2.)Such
the works
a
notice be
shortly the
shall,
4
save
nature
and
case
of description of
a
to
executed,
under
and
in
the
notice
to
maintain works
dam
section
state (2),
the time
of
within
which
such
shall be commenced.
(3.) Such
dam works under
notice 4
save shall,
in
the the
case
notice
cost
to maintain
section
also state (2), of
estimated the notice
of executing the
Marshal Courts of the
referred to in the notice.
(4.)A
shall, without
Justice
return
the
of
service
of
signed by
in all
proof
the
23
signature, be
of
deemed
therein
sufficient is
evidence
the
service
s.
stated, until
contrary
Provision
case
proved. (Amd.
the
of 1899
4.)
fails to
or commence
for
6.
he the
"
(1.) Where
been
of proprietor of the
an
estate
within
which
or, in
of default
the time
has
case
limited the execution

of works
works Civil
in
commencing
any
of the works
to
works.
requiredby the Colonial required to be done

execute
Engineer
section
as
execute,
4 where (2),
under and
the
proprietorfails to
necessary,
Council for
on
them
when
soon
as
they
make
become
the Colonial
the
Civil
Engineer
the the
shall
to ai)ply
the
may
Governor-insuch
and directions,
as application
Governor-in-Council
circumstances may
order
require.
A.D.
1883.]
(2.)The
Public Works
SEA
DEFENCE.
such Department shall execute direct. of 1899, s. (23 5.) the line in existence of any the
[No.
works
2.
665
as
the Govenior-in-Couiicil
may from
7.
first
"
(1.)No
outer
deviation
dam of of any
sea,
river,
such
to
Prohibition of
front,or
estate
shall be made
without may
permission
as
making
in
obtained
the attach
may
Governor-in-Council, who
thereto
seem
alteration line of dam without
refuse
permission or
permission of expedient. the GovernorIf such deviation is attempted without such permission in-Council. (2.) any shall be entitled to having been first obtained, the Attorney General motion such order on rx o})tai)i, prohibiting attempt, and an yarto^ an order requiring of any work the removal alreadybegun or executed in contravention of the provisions of this section ; and in case of noncompliance with of the conditions terms attached or by any person any such permission to any the Attorney General shall be enas titled aforesaid, the Supreme Court of British motion to obtain, on p,x parte, from Guiana in its civil jurisdiction order to enforce such compHance. an No ad litem in any proceeding shall be necessary under (3.) power
may Governor-in-Council
such
terms
or
conditions
the
this section.
(4.)The
to
proprietorof
the line of
an an
estate
shall be deemed
to
have
attempted
meaning
a
deviate from
this
se
existingouter
or commences
dam, within
to
the
of
tion, if he
as
an
constructs
construct
dam
to
which,
8.
the
in the
of ojainion
the Colonial dam.
Civil
Engineer,is
interest in
intended
be
used ultimately
"
outer
(1.)The
to
or secure
of any propi'ietor the river

estate
or
right
he from
or
or
desires
sea
in which
is interested
any from
estate
who of
Power
to
inroads
proprietor to
raise money for
sea
any
creek,
being
flooded
for
by
an
water, may
advance
as
either to the Governor-in-Council apply by petition of loan to defray the of such permanent way expense
by
be
to
defences.
works
may
necessary
execute estate.
or
for
an
order authorizing the Public

works and
Works
cost
Department
thereof
on
such
permanent
the
charging the
the
(2.)Where
any Council
as
Combined may
such
advance
be
such
made
may
grant any
provides the funds from which cost or defrayed,the Governor-inand conditions such terms on apj^lication
Court
may takes
or seem
to
the Governor-in-Council Where

an or
meet.
9.
occurrence
place by
which
any
estate
is in
Pro\asion
danger of being
flooded,and the occurrence is,in occurs submerged the opinion of the Governor-in-Council, which it is expedient estate. a calamity in the publicinterest to I'emedyor to mitigate, the Governor-in-Council, if the Combined Court funds, may out of such provides the necessary
is funds
wlierecalamity
to
grant
as
to
the
of proprietor
the
estate
so
situated
meet ; and
such such
sum sum
of of
money money
may
to
the
Governor-in-Council
may works
seem
shall be
expended,under
execution
the
supervision of
as
the
Public
Works
Department,
direct. 10.
in the
of such
Where,
in
order
or
to
protect the foreshore

Civil
are
of
any the
the district,
that it is of protection
Execution works for
of
Governor-in-Council
Colonial which
Engineer
intended
for
deems
of jjrotection
a
expedientto
more
execute estate
works
or
district.
than
one
of any
"
district the
followingregulationsshall
be observed, that is to say,
(1.)The Public Works Department shall prepare detailed plans and of the specifications proposed works, togetherwith an estimate of
the
VOL.
cost
I.
thereof ;
45
666
No.
2.]
(2.)The
THE
LAWS
OF
BRITISH
GUIANA:
[A.D.
1883.
Public the
Works
estates
showing
should
propert}^ of any
be made maintenance in which it is
Department shall also prepare a statement canal, buildingor immovable any railway, which it is proposed not a being kind, plantation,
and
to
liable to contribute of such

to
the the
cost
of the execution
manner
or
of any and
woi'ks, and
assess
proportions or
to
proposed
the amount
be
paid by
or
each
of
kept at the Office of the Public Works Department in Georgetown, and, if any portion of the shall be lodged district is in the County of Berbice, another copy Amsterdam in New at the Office of the Department ; and (4.) A notice containing a short descriptionof the nature of the total estimated of the proposed works, the amount position and any railway, of the estates canal, building cost, and the names which immovable or property of any kind, not being a plantation, the that intimation and be made it is proposed should an liable,
any of any kind, not and (3.)A copy of the documents requiredto be prepared shall be
such
estates
property
railway, canal, building being a plantation ; plans hereinbefore
immovable
in this section
planshave been lodged and in shall be given l)ypublicadvertisement other newspaper at least one publishedin remain shall and plans (5.)The documents
documents
and of every person
or
are
open
for
inspection,
and
The the open
Gazette Official
Colony
for the
desiringto
see
the
Sunday
the date
of the person
or
during publicholiday, of first publication

who the
estate
every office hours, for

same on
inspection day, not being a

one
month
after
the
notice
(6.) Any
works,
assess
objects to
in which
the
execution
to
or jiroportion
manner
of any of the proposed it is proposed to in which
any
he with
is
one month, lodge period the grounds on his objections in writing and and objections ; (7.)After the expirationof such period of one
of
the
such interested,shall, within Works Public Department which he bases his
month,
and
to
the
Public
Works the
Department if any, objections,

to Secretary, 1899, s. 4.)
shall with laid
forward
a
the
documents
plans,and
the ment Govern-
full
report thereon,
be
before the Governor-in-Council.
(Aind.
10
of
Decision works
to
as
to
11.
with
The
Governor-in-Council, after
the
considering the expediency

to in the last
of
he
execute'l, and
executing
necessary
proposed works
referred
precedingsection,
if he
apportionment
of costs thereof.
all the
objections thereto, and
after
hearing,
considers
Committee
as
it
to do
thereof,any
may
seem
itself or any before the Council so, either such order make of the persons interested, may
it the any
to
them
meet, and,
direct that
as
Combined
be
Court
provides the
for the order and direct
funds, may
f )reshore
cost
works
executed
of protection that
necessary the the
to them
of the execution
may and
seem meet, and may of the maintenance
thereof shall be
district
as
repayable
to
of the estates situated in the l)ythe proprietors such and in such manner in protected proportions
in-Council
I'ower to material
intended
be
to the
Governor-
may
seem
meet.
12.
under for
"
take
(1.)Wliere
this Ordinance Public Works
the
for execution of works.
the
any works Department execute be lawful shall it for the protection of an estate, Department to dig earth, cut wood, and take Pu])lic Works from
or on
material
for
any
of every kind of such works.
such
estate
which
may
be
necessary
668
No.
2.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
the
1883.
shrubs
between
high
and
low
water
marks
on
foreshore of from the
his estate,
(c.)Remove
foreshore
dead trees, shrubs, or other any of his estate. (6 of 1899, s. 6.)
debris
Appeals.
Appeal by
person
16.
"
(1 ) Every
Civil this for
person
who
is any who
aggrievedby
action of considers
or
any
Colonial
aggrieved against requirement

Civil etc.
under
of
Engineer or by Ordinance, or
the
commencement
the Public
that the of
requirement of the Works ment Departtime any limited in works is too
^ny
notice
completion
Engineer,
short,may
appeal to
such order
the
Governor-in-Council. of be by way Governor-in-Council
(2.)Every
(3.) The
appeal shall
of the
petition.
on
any
such
petition
shall be final and
shall bind
all persons
interested,
(s.14.)
Loans
for Works.
Repayment
loan made execution works. of
of for
17.
under and and
"
advanced
(1.)The by way
Governor-in-Council
of loan
this Ordinance in such
direct that may any money the execution of any works in or expended and at such times, shall be repaid in such manner, with interest
at
instalments, and
of deem
such
rate
as
the Governor
expedient. Policy may the cost of any works executed (2.)Where the exceeds under this Ordinance Department
one-third it of such do estimated
so
Court
by
the
Public
cost
Works
estimated
by
more
than
cost, the
if the the
amount
deem
expedient to necessary funds, may

amount
and that and
Governor-in-Council,if he Combined Court provides the
direct
expended
added
in
excess
of the of
of such
estimated
cost
one-third
shall
be
paid out
under
such
Preferent of the foi- amount
loan.
funds,
"
(s.15.)
and moneys all money due
to
lien of
18.
under deemed
(1.)All
this
a
Colony
Ordinance
of advanced by way expended by the Public than
loan
this
Works
section
Department
9, shall be
Ordinance, other
debt the
grants made
under
Colony
Crown,
shall have and

or
such
Colony, and for the repayment thereof the the estate, after debts due to the lien on a preferent lien shall continue notwithstandingany devolution,
of decree of such
estate.
transport,
instance of
letters such the
(2.)All
without
money Receiver
be may General
recovered
by parate
execution of the
at
the
against the
proprietor
estate,
naming him.
any instalment
sum
repayableby instalments,on the failure to becomes within ten days after the same or pay any with interest the whole then the amount due, remaining unpaid, due and payable. thereon, sliall immediately become that a specified (4.) A certificate signedby the Receiver General from the proof this Ordinance is due under the provisions amount prietor the of of the estate signature, proof shall, without any be received in all Courts as proof of the fact, until the contrary is proved. (S.16.) (3.)Where
is interest Miscellaneous
Notices.
means
Provisions. may be
\Q^
Any
of
a
notice
under
this
Ordinance
given
Civil
by post by
Engineer and
letter registered
signed l)ythe
Colonial
A.D.
1883.]
SEA
DEFENCE.
[No.
2.
669
addressed
his attorney or to the proprietor the manager or or any and the production occupier of the estate to which the notice relates, letter shall be jjrimafacieevidence in for such registered of the receipt of law. all Courts (6 of 1899, s. 7.)
20.
The
production of
under
Governor-in-Council
of any copy this Ordinance,
order
or as
direction
a
of
the
Proof of the
of order
certified
by the Government productionof the

of
any order shall and
("r
The
Secretaryor Clerk of the Executive Gazette containing the official intimation Official
of the Governor-in-Council that such order
or
copy Council, or the under this
correct
ôunciT^
'"
direction be conclusive
Ordinance,
been
is made
proof
has
direction has
and
that
the
same
been
in all
made respects rightly
binding on
.
all persons,
(s.17.)
the work 2 1 Any or thing which to execute reciuired under this Ordinance
proprietorof
or
plantationis
refuses
or
Execution works
of
do
may,
if he
by
tîvu
within the time do the same in the or specified neglects to execute and done by notice given by the Colonial Civil Engineei",be executed shall therefor have the powers the Colonial Civil Engineer, who ferred conshall
ôiomai
(6
of
by section 12 of this Oi'dinance, and section 18 apply to the cost of any work or thing so executed 1899, s. 9.)
"
of this Ordinance
or
done
by
him.
22.
before vmder
(1.)No
person,
other than
have in have
the officers of Government
herein-
Limitation
of
mentioned, shall
this Ordinance
or or
for anything any right of action to be respect of anything omitted

been done under this Ordinance.
done done
"ght pubUc
of action officers,
which
might (2.) Any

take
ought
to
should the
that Civil Engineer who desires the Colonial person shall apply by petition under this Ordinance to action any
Governor-in-Council. 23.
(s.18.)
Penalty
on
of the Public obstructs wilfully any member of this Ordinance shall Works Department acting under the provisions shall be liable to be guiltyof an offence, and, being convicted thereof,
Every
person
who
^^structin
officer under
acting
the
penalty t^ -^ 24.
not
exceeding "
person who
two
hundred
and
forty dollars,
J
(s.19.)
\ /
Ordinance. Punishment of
Dcrsoii
Every
water
"
(1.)Wilfullydamages
; or
any for
dam
or
defence
againstthe
of the
sea
or
any of
damaging
defences.
(2.)Unlawfully
any shall be such dam
an
takes
or
his
own
benefit any
material
defence,
guiltyof
or
offence
punishable on
liable to
or a
summary
conviction, and,
being convicted
dollars
not to
thereof,shall be
two
penalty not
hard
exceedingfifty
any
term
imprisonment,with
months,
without
labour, for
exceeding
25.
(s.20.)
infringes
to
a
Every
Ordinance dollars
who person shall be liable under
recoverable
s.
the
of the provisionsof this any hundred penalty not exceeding one Summary Jurisdiction Oi-dinances. (6 of
Penalty.
1899,
26.
to
8.)
This Ordinance shall be any in force Ordinance
throughout
from
s.
the
Colony subject Operation of

to
the
specialprovisionsof
time
time
in force
Ordinance,
affecting part any specified
thereof.
(6 of 1899,
10.)
VOL.
I.
"iC
670
No.
4.]
THE
LAWS
OF
BRITISH
GUIANA
.-
[A.D.
1883.
ORDINANCE
A.D. 1883.
No. make
OF
1883.
An
Ordinance
to
provision
of
for
Due
tion Investiga-
into the
Causes
Shipping Casualties. [5th December, 1883.]
WHEREAS
the
causes on
expedient to provide for due investigationinto attending wrecks or other casualties and into charges of incompetency or misconduct affecting ships, the part of masters, mates, or engineers of British ships:
it is and circumstances it therefore and This
.
Be
enacted
by
the Governor
of
advice
Short title.
consent
of the Court may 1883.
of British Guiana, with follows : thereof, as Policy

"
the
Ordinance
be cited
as
the
Shipping
Casualties
gation Investi-
Ordinance,
Interpretation
of terms.
2.
"'
In The
this Ordinance, unless

Court
"
the context
of
:
otherwise
requires,
"
means
Court
Inquiry
or
appointed under
the
pro
visions
"
of this Ordinance
means
Ship
"
any
vessel sea-going shall of His be
steamer. to
or
Exemption
""!ertain from of the Ordinance.
of
sliijis operation
Nothing in this belonging to or in the to any Foreign Prince

3.
Ordinance service
or
deemed
Majesty
to
apply to any ship any ship belonging
State.
Court
in which of
a
of Inquiry,
Governor,
in
"
Cases Court be
4.
It shall of
be lawful
for the this
his
to appoint discretion,
Court
Inquiry
any
under
Ordinance,
Inquirj' may
appointed.
(1.) In
of the
any
coasts
followingcases,
ship
has been of this
that
is
to
say,
"
When ("7.)
near
lost, abandoned,
;
or
or
damaged
to
on
or
the
Colony
of
or
(6.)Whenever,
board ensued
of
;
or
any
by reason ship on
any
any
near
casualtyhappening
such
or
on
coasts, loss
of
life has
(c.)Whenever
ship
on
ship has
such
coasts
caused
;
or
loss
or
damage
to
any
other
or
near
{d.) Whenever happened

witness this
such elsewhere
loss,abandonment,
any arrived
to
British
or
has damage, or casualty ship and any competent found

at
thereof
;
or
has
is to be
any been
to
place
in
Colony
evidence
{e.)Whenever
any under
any
can
British
be obtained
which
ship is supposed to have in this Colony as such ship proceeded to sea

that is to
lost and
last
the circumstances
or was
heard
(2.) In
of
a
of ; and any of the has

reason
followingcases,
to
say, whenever
or
the
Governor
believe that the master, mate,
engineer
unfit
to
British
ship is,from
duties.
incompetency
of
or
misconduct,
dischargehis
Constitution and powers Court. of
5.
"
(1.)The
Court
shall consist
Assessors, being persons
having
nautical
StipendiaryMagistrate and two other special or or engineering
A.D.
skill
1883.]
or
SHIPPING
CASUALTIES
(INVE.'^TIGATIOS). [No.
the Governor, and the
4.
671
knowledge, to
shall be Court 4 and
be
appointedby
of the
Stipendiary
Magistrate
to
President is all
Court. make
to
(2.) The
in section tribunal under
to hereby authorized authorized inquiries
the
referred inquiries
be
made
the
provisions of
the
Merchant
by a colonial Shipping (Colonial45

c.
46
Vict.,
Act, 1882, of the Imperial Parliament. Inquiries) of whether (3.) The Court may suspend or cancel the certificate, of any master, mate, or engineerin the following competency or service,
cases,
7"".
that is to say,
"
{a.) If, on
the Court
British
act
or
any
finds that
investigationunder sub-section the loss, abandonment,

loss of
or
ship or
default ;
life has
been
caused
(1) of section 4, or damage to any by his wrongful
(h.)If, on
the Court
under sub-section (2) of section 4, any investigation finds that he is incompetent or that he has been any gross
act
guiltyof
wards with
cases
of misconduct, drunkenness,
or
tyrann3\
aftei'come
of the case at the conclusion or as (4.) The Court shall, the decision in open Court state as to which possible, and or respect to cancelling suspending any certificate, send shall the a full report upon also, if it determines certificate
to case, to
soon
it has
shall in all
with the evidence,to the Governoi",
and
suspend
with
or
cancel
any
certificate,
a
forward
such
the Governor
the
to
their report ; and

any,
of such
report, togetherwith
if certificates, Board
shall forthwith
copy be
forwarded
unless
by
a
the Governor
the
of Trade.
(5.) No
certificate
shall be
suspended or
cancelled
under
this
of
tion sec-
of the case upon copy of the report, or a statement the investigation the owner is ordered, has been furnished to
which
the
certificate befoi'e the

one
commencement
of his
concurrence
the
investigation,
nor
unless
Assessor
at
least expresses
in the report forwarded
to
the Governor. such (G.)Where any to as question any

a
involve
of
the cancellingor
involves or likelyto investigation appears cate suspending of the certifishall be held with
of
not
master, mate, less than two
or
engineer, it
persons
the assistance the merchant
having experience in
service.
6. In
or
case
any
member
may
of the Court
dies,the Governor
in his
place;
and
no
Court
is or becomes unwilling to act Provision member similarlyqualified appoint another ^'^^^^ person be of Inquiry shall lapse by reason of, or unable'^to*''
otherwise
affected
same.
by, the death, absence, or
removal
of
the
Governor
act, etc.
appointing the
Proceedings on
7.
"
Inquiry.
master,
to likely
(1.)The
a
Court
may the
requireany
or
mate,
or
engineer, posPower sessing

is called in in
to
to Court
certificate of competency
to appears of such
service be
whose
conduct
require
question,or
in the
course
Court
to
be called the
so
question,certificate.
to
deliveryof
to investigation
deliver
certificate
the the
Court, and
conclusion
to
or
the Court
of the
shall hold
the
certificate shall then
dehveretl
return to
until tl:e
and investigation,
either
same
master, mate, or engineer, or, if the Court cancel such certificate, shall transmit the same
to
such
decides
to
suspend
to
the
Governor
be forwarded
the
Board
of Trade.
or
(2.) If
when
any
master,
mate,
to
engineer
fails to deliver
his
requiredl)ythe
Court
do so, he
shall be
guiltyof
an
certificate, oflence.
672
No.
4.
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
not
1883

two
thereof,shall
be
liable to
penalty
make
exceeding
hundred 8.
"
and
fortydollars.
of the
matters
Making of report by
Court.
and
(1.)It shall be the duty impartialinquiry into the

the member and his members shall
reasons.
Court
to
full,faithful,
in specified
the
appointment
in their which he
thereof.
(2.)Where each opinions,

has Making
rules of of
of the
state
Court
are
not
unanimous
in
writing
the
conclusions
arrived
"
at
9.
and may
(1.) The
and for time
Court
may
make of
such
rules
for
its
guidance
and
the
conduct
procechire.
management
its
to
proceedingsbefore
inconsistent with
it,and
its
to
the hours, times,

as
places
from
not sittings,
appointment,
the
terms
it its
time
think
fit,subjectonly
the Court
to
of
appointment. (2.)It shall

person
or
be from
lawful
for
exclude
any of order, for the due
persons
sittingof the
conduct
of
Court, either
the
or inquiry,
particular any for the preservation

for any other
reason.
Power members Court.
of
10
.
The
members such
or
of the Court
may
go
on
board
any
ship in respect
same
or
of insjjection of
to
any part thereof
which
inquiry
of the
any
held, and may inspect the machinery, boats, equipment

is
.
or
any
on
articles from
board
thereof, not
on
detaining or unnecessarily
delaying
her
ceeding pro-
any
voyage.
a
Summoning
and examination of witnesses. See No. Ordinance 12
11.
of and
(1.) The Court shall have the power of witnesses, and to Colony to summon books, plans,and documents, and to examine
"
of this
call for the upon
trate Stipendiary Magisproduction

oath witnesses
partiesconcerned.
of 1893.
(2.) All
or
summonses
for the
attendance
may shall be
of witnesses
be in the form
one
or
other contained of the member
sons perin
the
production of documents
to
Schedule.
the
Schedule of the
this
Ordinance, and
oaths clerk may of the Court be
Court,
or
and
administered
signed by by any
bers mem-
of
the
Court,
by
or
the
Court. shall be
as a
(3.) No
for any
Mode of
member
of the
matter
thing done
by
him
member
liable to any action of the Court.
or
suit
1 2.
without any the
dealing with person refusing

to
If any person present in Court is requiredto give evidence and, if lawful refuses to be sworn, to give evidence, and or excuse,
at
or
be
sworn,
etc.
person Court
the
sittingof
or
the
Court
of lawful
any the Court,
officer of tlie Court, otherwise
wilfullyinsults any member or wilfullyinterrupts the

in
of
misbehaves
proceedings Court, it shall be
other person, for any constable or the oifender into custody and detain him and the the Court members
to
by
order
of the Court, to take

;
until
the risingof the Court

warrant to
sliall be of any such the
empowered,
Court
or
if it thinks
a
by
such
to
fit, by a majority of them,

not
signed
any
commit
offender
upon such
Prison
offender
for any
a
time
not
impose
fine,
for every to commit unless

Mode witness
to r(;f\ising
offence, and, in default of the oifender to Prison for any

fine is any
sooner
exceeding one month, or dollars, exceeding forty-eight immediate thereof, payment time not exceedingone month,
the
said
paid.
summoned
at
to
as
a
of
13.
refuses said
excu.se
"
(1.)If
or
person appear otherwise
witness
before
and
the
Court
the
dealing with
neglects to
and
the
time
and
place appointed by
the
same,
summons
comply
or
with
if
no
just
oath
appear.
is olfered
for such
refusal
proofupon neglect,then (after
A.D.
of such
or
1883.]
sunuiions
SHIPPING
CASUALTIES
(INVESTKIATIOX).
such
[No.
4.
673
having been
same
served with
upon
some
by
leavingthe
or
a
for him
persf)n, either personally of his placeof abode) person
it shall be lawful of the Court

a
for the Court
majority of
time
and
place therein
the said
a warrant, signed by the memljers them, to bring and have such person, at to testify mentioned, before the Court as
to issue
aforesaid.
(2.) Jf, on
obedience
said
to
appearance
sunnnons
of
or
the person
so
summoned,
either
of
in the
the
warrant,
such
the premises, or
upon refuses to be examined person refuses to take such oath, or,

cause, to
answer
being brought by
virtue
refuses,without
then
sutiicient
oath concerning upon having taken such oath, such questions as may be of the
put
to
him
))yor
cause,
with
to
the
concurrence
Court,
which
or
refuses,
be may Court
without summoned
may any
sufficient
to
produce
any
document
his the time
to
he
by warrant Ordinary
unless
produce,or signed
Prison he in the of the
refuses to subscribe
as
the deposition,
person
not
commit aforesaid,
the
Colony
for
any
so refusing to exceeding one
month,
answer
meantime
consents
be
examined
and
to
to produce such or documents, if any, premises, to sul)scribe his deposition, be. the case or as may (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 shall be liable to dollars : thereof, a penalty not exceeding one hundred Provided that no shall offence under tliis for be an punished person section for any offence for which under he has been the punished visions pro-
concerning
of section
12.
.
14.
and may
to
The
Governor such
may
appoint a
the
clerk
to
afford
clerical
assistance
the
Appointment
of clerk Court. of
perform prescribe, subjectto

15."
duties connected
with
the
inquiryas
Court
if directions,
any,
of the Governor. if any, shall

Remuneration of members and
(1.) The
the
Governor
be
paid to (2.)A
be
members
may of the Court

or as
direct what
or
remuneration,
the clerk.
at
to
witness
summoned
attending
the in President any
case
the
Court
may
receive
clerk, etc.
such should
to
reasonable
remuneration
of the Court what Court would of
allowed, not
exceeding
at
certify may be allowed
the
witness
for attendance
the
the
Supreme
with
British Guiana
in its civil
jurisdiction.
expenses connected the shall of
(3.)All
Court
sum or
inquiryunder this provided for the miscellaneous

any The
Ordinance
expenses Court
appointment of defrayed from justice

be Ordinance the shall effect from
any
the
16.
appointment
of
any
under shall
this
be of
Notification
of
Gazette,and published in The Ojficial such publication.
take
date
appointment
of Court.
SCHEDULE. Summons
To You
to
Section
11.
Witness.
A.
B.
arc
of iri/iirss and \îiainf hereby

summoned
the
his to
raid rcxidoicr. if Jaioioi.'] calling the mcmherH of thr Kuhjcctof the inqiiir\f\ to give o'clock, m., and is to produce oiuj documents, [specifythe books, plans, and
appointed by CoHyt'\ the at Sj)l(tce^ on

evidence
add
Governor
before [//dv jiamr appear the to inquire \_sfi(te hricjhj

,
1 at day of respecting such inquiry \if the persux tiummoned andyouaie hereby required to bring with you
doctonents
required)'].
fail not at yovir
Therefoie Given
peril.
member of the Court of
under
the of
hand
of
1
Inquiry,this
day
674
No.
5.]
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1883.
OKDIXANCE
An Ordinance for of
No.
OF
1883.
A.D.
^
1883.
enablingthe
the said
to
Combined
or
Court,
take
or
Ordinance 13 0/1894 (14) incorpo}'ated. No.

.^.
Committee
Court,
procure
the
Committee
any of
Ways
upon
and Oath.
Means
and
Evidence
As
to the Court
of Policii,
see
[8th December,
1883.]
Ordiivance 7 of 1880.
No.
WHEREAS
and
it is
expedient that
said of Court
the
Committee
of the
Court, and any appointed by the Governor,

Combined Means
matters
the Committee
Ways
and
should
which
be
are
enabled
to
make
their
full
into investigation
the various
subjectto
of
to
determination, and
attendance
:
should of
compellingthe
witnesses
Be
the respectivelyhave powers and of administeringoaths witnesses
it therefore and
consent
enacted of the
by
be
the
Governor of
of British
as
Guiana,
follows Court
with
:
"
the
advice
Short title.
Court
Policy thereof,
as
1.
This
Ordinance
may
cited
the
Combined
(Evidence)
Ordinance, 1883.
Interpretation
of term
2. In
Means Court.
"
this
means
Ordinance,
the
the
term
"
The and
Committee Means of
of the
Ways
and
Committee
of
Ways
the
Combined
Tower Combined
to the mittee Com-
3.
"
(1.)Where
of of the
it appears said and

Court
to
Combined
the
Committee
or
appointed by
that any
Court, Governor,
within the
or or
to to
any
the
is
Court,
to
summon
Committee able
to
thereof,
\vitnesses.
Ways
Means
person
Colony
of with respect to the subject-matter give any information question arisiug for their determination, it shall be lawful for Combined Court, or for such Committee, or for the Committee
any the of
Ways
Schedule Form No.
:
and
Means No.
as
to
cause
summons
to
be
issued
to
such
the Form
1.
1 contained the
in the
Schedule may
to this
Ordinance,
or
in person, in such
other
form
circumstances
requiring such person to be and appear before such Committee, or before the for the at the time and place specified,
thereafter
to
or
to render appear before the Combined
expedient,
Court,
or
Committee of purpose the Combined and
Ways and Means being examined, and

of
I'emain
on
in attendance Committee
or
on
Court,
until the
or
on
such
Committee,
the
of such
Waj's
Means
or
permitted
of
by
the Combined
and Means
Court,
such
summons
by
Committee,
he the served
same
by
the
as
Committee
Ways
a
to withdraw.
(2.)Every
Marshal,
witness and law
a
shall in
by
way
may to })e served recjuired

at
be
served
on a
Registrar or by is by summons
to
the
Supreme
person Court
who
of
is summoned British Guiana
attend
its
as
in
civil
jurisdiction.
Power Combined to the
4.
Court
"
(1.)The
before
Combined
the said the
an
Coui't
examined
etc., to
Court,
oath
may and
administer any
or
an
oath of
to
Committee the Committee
the of
any witness Combined
Court,
oatli
or
administer
appointed by
administer may (2.) Where any
(governor,
to to
Ways
and
Means,
affirmation.
witness
any be examined
witness
examined
under
before this
them.
Ordinance
676
No.
shall
5.J
THE
LA
WS
OF
BRITISH
GUIANA
[A.D.
1883.
for
be deemed
in all Courts person to have
of law
to
be
sufficient in the and
and
effectual for
detaining the
time
Punishment of person giving false evidence.
mentioned been
therein issued for
said
Prison
the
stated,and
good
sufficient
cause.
7.
Every
false evidence
examined under this Ordinance person shall be guiltyof perjury.
who
gives wilfully
SCHEDULE.
FORMS.
Section 3.
Form
Summons To
No.
to
1.
Witness.
the
A.
are
B.
You Committee before

the
hereby required
of the Combined Committee of
to
appear
before
Court and
,
appointed by His
the
Ways
1
Means,]
and
at
Court, [or before a Excellency the Governor, or at o'clock, \_ph(ce], m., on

to remain
Combined
day of
to withdraw.
thereafter
in attendance
until
permitted
Therefore Dated
fail not
at your
peril.
1
this
day of
(Signed.)
Section
5.
Form
No.
where
2. Witness
to attend. neglects
Warrant
To the
of Apprehension
all Marshals.
Registrar and
A. B.
was on summons
Whereas
duly summoned
the the has return
to
Form"] at
the said
whereas the
day neglected
appear of
as
witness
1
before
; And
in \_as
last
whereas
has, by
said
to last A. B. empower
therefore, this is
before
warrant.
["-" in
by
the
Form']
to you and for
Marshal, been duly served ; And said : summons Now, obey the apprehend the said A. B. and bring him sufiBcient doing, this shall be your so
of the
to
"
Issued
direction
of the
the
Combined
Court
or
of \_or of
the
Committee of
of the
bined Comand
Court
appointed by
Governor,
1
Committee
Ways
Means].
Dated this
day
of
(Signed.)
Section
6.
Form Warrant
To
No.
3.
of
at
Committal
for Misconduct.
the
Keeper of
A. 1
the
Prison
Whereas of this is to
the to the sufficient
B., being present before

did
,
in [r/s
Form
No.
1]
on
:
"
the
day
then
and
you
there
misconduct
A.
himself
empower
and
direct
now
period of day of
warrant.
next
to keep the said ensuing, from the 1 ; and
Now, therefore, B. safely in custody for 1 day of

,
for
so
doing,this
shall be your
Issued Dated
by direction of the Combined

this
Court.
1
day
of
(Signed.)
End
of
Volume
I.

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THE

VOL. Resolutions of tlie

PRINTERS, LIMITED SONS "WATERLOO AND

revised edition of the Statute

of the Statute Laws the authority

issued may be of interest. The earliest compilations of the

the first issued. called in the

listof the estates

for the year.

have been issued

1825, each of which

years, but in 1843

of compilation complete beginningof the year 1843,

enacted by Netherlands, the

Policyof Berbice,the Governor and Essequeboand Demerary, or the Governor

is the first con'pilationwhich This,therefore,

complete, Laws, system

gives the pages

slaveryin 1838, adapt

and requiredlegislation, that been

complete compilationof the

along Supplement, containing,

information, all such

and irregular, In the

(1.) All (2.) All

passed from Essequebo ; passed from

Ordinances the Union

volume, containing the

table of the chronological

1869, similar to the

subsequent legislation upon

the Ordinances the

found. second but

work, comprising both

including the printed in

largertype compilation, though

the first volume.

the editor the

been there The

the sixth volume, the the

contemplated) compiler originally Index volume was published.

chronoloa;ical order, and

repealedand including passed,

of Firth's,and before referred

to, like the earlier editions of the

and result of privateenterprise,

publish his edition.

prepare the Sir

(Revised Edition) Ordinance,

Commissioner The volume.

Edition) Ordinance, 1894,]

the Commissioner Legislatureupon and edition passing it through the

necessary, very large. It was be conferred, having regard to fact of that

that desirable, of the Statute issued

this could involved

the sub-sections, and clearer, The that

conceived, was entrusting should, as

the Legislaturewhen was passed,viz.,that the clear in its

be simple and practicable,

valuable with Statute

brought together within welding such scattered

preference having repeal.

have and the any