STI 119, Wilson's wit 1 with Pracl ,.f the II WHITE, "Very great result that a th been produced.' "Their notes , Jov> "Will certa: Review, Jan., 18 Browne a: Being a and Lrelai and Stan BAl.FtH Esq., Bart " Contains in Pitt-Lewis UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY DNS, . w.c. and Forms, the Supreme Court, f, Esq., a Chief Clerk and C. ARNOLD 25s. cloth. revision, with the practice guide has ictical." — Solicitors' s." — Law Quarterly Companies. — impauies in England )pendix of Bye-Laws Edition. By J. H. U.S.THEOBALD, The Times. }lete Practice of the Coi ptcy, embodying the Acts, RuL^, j. v,i«i*o a,uu. v^uots, wnii Auumonai -forms and a Full Index. Third y . By G. PITT-LEWIS, Esq., Q.C., M.P., assisted by H. A.DE COLYAR, Esq., Barrister-at-Law. Vol. I. Demy 8vo. 1887. 1364 pages. Price 11. 10s. cloth. (Vol. II. in the press.) " The standard County Court Practice." — Solicitors' Journal, Dec. 3, 1887. Addison on Torts. — Being a Treatise on Wrongs and their Remedies. Sixth Edition. By HORACE SMITH, Esq., Bencher of the Inner Temple, Recorder of Lincoln, Editor of " Addison on Contracts," &c. Royal 8vo. 1887. Price 11. 18s. doth. " Upon a careful perusal of the editor's work, we can say that he has done it excellently." — Law Quarterly Review, April, 1887. Odgers on Libel and Slander — A Digest of the Law of i and Blander, with the Evidence, Procedure and Practice, both in Civil and Criminal Cases, with Precedents of Pleadings. With Appendix of Statutes. Second ining new Chapters on injunctions and the Newspaper Libel and Registration Act, 1881. By W. BLAKE ODGERS, M.A., LL.D., Barrister-at- Law. Royal&oo. 1887. Price 11. 12a. cloth. "A full, accurate and satisfactory guide." — Solicitors' Journal, August 6, 1887. Morris' Patents Conveyancing. — Being a Collection of Precedents in Conveyancing in relation to Letters Patent for Inventions, arranged Hows : — Common Forms, Agreements, Assignments, Mortgages, Special Clauses, Licences, Miscellaneous. Statutes, Rules, &c, with Dissertations and Copious Notes on the Law and Practice. By ROBERT MORRIS, M.A., Ban ister-at-Law. Royal 8vo. 1887. Price 11. 5s. cloth. 'Well selected, well arranged, and thoroughly practical." — Law Times, Aug. 20, 1887. Mitcheson's Charitable Trusts — The Jurisdiction of the Charity Commission ; being the Acts conferring such Jurisdiction, 1853-1883, with Introductory Essays and Notes. By RICHARD EDMUND MITCHESON, Bar- rister-at-Law. Demy 8vo. 1887. Price 18s. cloth. "A serviceable handbook of the Law of the Charity Commissioners." — Law Journal Aug. 13, 1887. A Catalogue of Modern Law Works (1888) post free for two penny stamps. 8TEVEN8 AND SONS, 119, CHANCERY LANE, LONDON, W.C. Dart's Vendors and Purchasers. — A Treatise on the Law and Practice relating to Vendors and Purchasers of Real Estate. By t J. HENRY DART, Esq., one of the Six (' .nveyancing Counsel of the II: • Jdstice, Chancery Division. lition. By WILLIAM BAEBBH RICHARD BURDON HALDANE, and WILLIAM ROBERT SHELDON, !. Barristers-at-Law. 2 Vols. Royal Svo. lsss. I, ire Zl. 15s. cloth. '• The new edition of Dart is far ahead of all competitors in the breadth of its range, the clearness of its exposition, and the soundness of its law." — Law Tim'./, April 1 1, 1888. Chitty's Index to all the Reported Cases decided in the several Courts of Equity in England, the Privy Council, and the Souse of Lords, with a Selection of Irish Cases on or relating to the Principles, Pleading and P of Equity and Bankruntcv from the Earliest Period. Fbttl Wholly Revised, Re-classified," and brought down to the end of 1883. By HENRY EDWARD HIRST, Esq.. Barrister-at-Law. Vols. I. to V., "Abandonn t" to " Practice and Pleading." Royal Svo. 1882-87- Vols. I., II., 1 1 1., and V., price each 11. Us. Gd. Vol. IV., price 21. 2s. cloth. (Vol. VI. nearly ready.) Dale and Lehmann's Digest of Cases Overruled, not Followed, Disapproved, Approved, Distinguished, Commented on, and Specially Considered in tin' English Courts, from the year 175G to 188G inclusive, arranged according to Alphabetical Order of their Subjects ; together with Extract from the Judgments delivered thereon, and a complete Index of the Cases, in whicl ineluded all Cases Reversed, from the war 1S36. By CHARLES WILLIAM MIT- CALFE DALE, M.A., LL.B., and RUDOLF CHAMBERS LEIIMANX, M.A., assisted by CHARLES H. L. NEISH, M.A., and HERBERT II. CHILD, B.A., Esqrs., Barristers-at-Law. Royal Svo. 1887- Price 21. lOs. cloth. * # * Forms a Supplement to " Chitty's Equity Index" and Fisher 1 6 ■ Pollock's Digest of the Law of Partnership.— With an Introductory Essay on Codification. Fourth Edition. By FREDERICK POLLOCK, Esq., Barrister-at-Law, &c. Demy 8vo. 1888. Price lO.s. cloth. Pollock's Law of Torts: a Treatise on the Principles of Obligations arising from Civil Wrong3 in the Common Law. By FREDERICK POLLOCK, Esq., Barrister-at-Law; Professor of Common Law in the Inns of Court. Demy Svo. 1887. Price 21s. cloth. " To the practitioner as well as to the student Mr. Pollock's work will prove most useful. It fills an empty space in the legal library, and supplies a clear want. It is concise, logically arranged, and accurate." — Law Times, Feb. 20, 1SS7. Pollock's Principles of Contract. — Being a Treatise on the General Principles relating to the Validity of Agreements in the Law of England. Fourth Edition. By FREDERICK POLLOCK, Esq., Barrister-at-Law, Pi of Common Law in the Inns of Court, &c. Demy Svo. 1885. Price 12. 8s. i Hamilton's Law of Covenants. — A Concise Treatise od the Law of Covenants. By G. BALDWIN HAMILTON, Esq., Barrister-at-Law. Demy Svo. 1888. Price 7s. 6d. cloth. Chalmers' Digest of the Law of Bills of Exchange, Promissory Notes, and Cheques. Third Edition. Containingthe Bills of Exchange \. \ L882, with a Commentary thereon. Bv His Honor JUDCI E CHALMERS, Draughts- man of the Bills of Exchange Act, 18S2, &c. Demy Svo. 1887. ' Shirley's Selection of Leading Cases in the Criminal Law, with Notes. By WALTER S. SHIRLEY, Esq., Barrister-at-Law, Am' "A Selection of Leading Cases in the Common Law," fto. Demy 8 l v -^. Price 6s. cloth. Shirley's Leading Cases in the Common Law. — With Notes. Third Edition. By WALTER S. SHIRLEY, Esq., Barri Demy Svo. 1886. Price 16s. cloth. Wigram's Justices' Note Book. — Containing a short account of the Jurisdiction and Duties of Justices, and an Epitome of Criminal La r. tho late W. KNOX WIGRAM, Esq., J.P. FU'th Edition. Revised and b down to end of 1887 by WALTER S. SHIRLEY, Esq., M.P., Barrister-at-Law. Royall2mo. 188S. Price 12s. Gd. cloth. "This is the first issue of this most useful magisterial guide since the death of the author, and we may say without hesitation that its value is enhanced by the careful editorship of Mr. W. S. Shirley."— Law Times, Feb. 25, 1S88. * ■ • # * JU Standard Law Works arc kept in stock, in law calf and other bindings. m i » . THE MAGISTERIAL LAW OF BRITISH GUIANA" PUBLISHED IX 1877: CONTAINING ALL NEW ENACTMENTS IN THE CRIMINAL LAW OF Till- COLONY AND IN THE CIVIL LAW OF THE COLONY (50 FAR AS IT Ml U is THE JURISDICTION OF MAGISHRA 11 AVITH NOTES AND REPORTS of Tin: DECISIONS OF THE REVIEW COURT AND OF THE SUPERIOR CIVIL COURTS ON A1T1 \l. FROM THE DECISIONS OF MAGISTRATES. WITH A COMBINED I XI) EX TO BOTH WORKS, AND Jl Chronological TTablc of (Ordinances. BY ALFRED JOHN POUND, M.A. (Oxon), Hi- Lincoln's inn, barrister-ai-law, and formerly a stipendiary uaoisi IN AND FOR THE COLONY OK BRtTIBfl Gl IANA. LONDON : STEVENS AND SONS, 119, CHANCERY LANE, %\\\a Dubli.'ilurs awb Hock.'Hiln:,. 1888 T 3^5 LONDON I PRINTED BY C. F. ROWORT1I, GREAT NEW STREET, FETTER LANE, E.C. TO SIR JAMES R. LONGDEN, G.C.M.G. $T From 1874 to 1877 c- GOVERNOR OF BRITISH GUIANA ~ And from 1877 to 1883 GOVERNOR OF CEYLON THIS WORK 18 MOST RESPECTFULLY DEDICATED. PREFACE. The work submitted to the Colony of British Guiana in 1877 was bo kindly received by the Judges, Profession, Magistrates, and public, that the Author feels ho needs no apology for publishing the present volume, which takes the form of a Supplement to the original work, and incorporates therein some ninety ordinances, which have been enacted 1 >y the Colonial Legislature since 1876. For facility of reference, the pages of that work, to which the matter of the present work refers, are indicated by figures in black type. A complete Index, including both volumes, will, it is anticipated, render the two works as easy of reference as a single volume. It is contemplated that those who already have the first volume may possibly be inclined to havt the two works bound together, discarding the earlier Index. The Author confidently hopes that one of the most im- portant features of the new volume will be the extensive reports of both criminal and civil appeals from Magistrates' decisions, which it contains, trusting thai they will remedy a defect lately and publicly deprecated by the -Judges of British Guiana. vi Preface. The omission of a List of Abbreviations in the former work has now been supplied, as applicable to both volumes. A Chronological Table of Ordinances (embracing all enactments, civil or criminal) renders a Table of Contents unnecessary in the present volume. The Author has much pleasure in acknowledging the aid kindly rendered him by his friend Mr. J. Bigland Wood, of the Inner Temple, in arranging and indexing (from Mr. De Hamel's work) the subject of "Customs"; and, with these remarks, commits his present work to the kind consideration of the Colony of British Guiana. A. J. POUND. 6, New Square, Lincoln's Inn, Uth June, 1888. LIST OF CASES REPORTED OR EEFERRED TO IN THE "SUPPLEMENT, 1888." Abdool-Kelmax v. Bobinson - Abendanon v. Sproston Abraham (and others) v. Ilodgkinson - Administrator C cncral '•. France - (Serrao) v. Kim . v. Marshall Angoo and Doorjan v. Miller - Anson v. Stuart - v. Wong-a-hy - Antonio v. King - Bagot v. Gunga Baker v. Campbell Baptiste v. Burrowcs - Belmonte v. Anson 1 '.in us v. De Freitas v. Ilollingworth Bonham v. Francis Boodhoo r. Eamnaran Bowen v. Chapman Brasaington v. Raybia Bruce v. Fraser Bullock '•• Bussunteah Burrowes v. D'Abreo - v. Peters - Bushell v. Solomon Oabral v. Younger ( laius v. Jospeh or Joseph ( lalmac v. Birch - PAGE - ! 7, 1G4, 528 9, 296 _ . 8 L80, 181 _ - s 6, 38 . - 40 - 1!H - - Vo - - 225 - 206 - 37, 22 1 - 486 - - 1 1 . _ 38 J80 11. 19, - 279 7. 257 - 227 7. 446 - -Ill - ;,;;n - 360 - 215 viii Keported Cases in Supplement, 1888. PAGE Carreiro v. Anderson - - - - 8, 12, 41, 48G ■ v.Binns ----- 7,486,492 (or Correia) v. Greene - - - - 29, 487 v. Wright - - - - - -7,487 Casey v. Milne - - - - - 3 April'80 Chun-a-hing v. Isaacs - ^ Coates v. Brandon (see Glascow v. Brandon). Cooten v. Buck (see Powers v. Buck). Cornwall v. Consalves - " ^o4 Correia v. Greene (see Carreiro v. Greene). Croppard v. Lewis - - - - ~ 38 Crosby v. Seears - - - - - " *o9 Crossly v. Earn churn ------ 261 Cuckow v. Perot - - - - - 218, 225 Dagleish v. King - - - - -37, 180 Da Silva v. Burrowes - - - - - 227 v. Greaves - - - - - -9 v. Layton - - - -6,33,202,207,227 v.Wright - - - - - - 32 Dawson v. Gopaul - - - - 7, 14, 42, 260 v. Nundlall - - - - - - 260 Day v. Jessidia ------ 180 v.Teixeira ----- 14,28,30 D'Abreo v. Fitzgerald - - - 19, 205 D'Aguiar v. Darrell - - - - - 319 v. Francis ------ 492 „, Wright ' - - - - - - 487 D'Andrade v. Haragin ----- 487 ■ v. Swain - - - - - 228 De Freitas v. Elliott - - - - - 11,195 v. Macallaster (and others) - - - - 34 v. Seigert - - - - -11,19,498 D'Nascimento v. Anson - - - - - - 42 D'Oliveira v. Burrowes - 189, 206 D'Ornellas v. Leacock - - - - --189 v. Wells - - - - - - 189 De Souza v. Anson ----- 224, 236 v. Cuvil ------ 553 L.Francis - 486,487,492 Dinez v. Swain - - - - - ' > 52 ^ Doobay v. Francis - 7,11,488,490 Reported Cases in Supplement, 1888. ix PAOH Dos Ramos v. Francis - - - - -7,488 Dos Santos v. Turner - - - - - -188 Dow v. Chalmers ----- 11,81,36 Edwardes v. Bacchus - - - - -34, '■>'■'> i Eppilie v. Burrowes - - - - - Ewing Sugar Estate Company v. Leal- - 851 Fernandes v. Francis - - - - - - 491 Ferreira v. Francis - - - - - 28, 29 Figueira v. Solomon - - - - - 39 Fitzgerald v. D'Aguiar _____ ;;:, Ford v. De Veuve - - - - - - 278 v. Small - - . - - - - - oAo Eraser r. Giddens (Gittens) - - - - - 450 v. Gonsalves - - - - - -170 Garnett v. Dean - - - - - - - 333 Gibbons v. Straker - - - - - -226 Glasgow (and another) r. Brandon - - - - 13 v. DeFreitas - 6,3. v. Hardeen - - - - 7. 36, 367 v. Kryenhoff - - 7, 9, 10, 11, 14, 19, 536, 548 Gold Mining Co. v. Hodgkinson {see Abraham and others v. Ilodgkinson). Gomes r. Burrowes - 10,11, 13,15,38,39 v. D'Aguiar - - - - 41,480,481—6 v. Francis - - - - 186, 187,492,493 v. Swain _____ 202, 203 Gonsalves c. Chalmers - 29, L80 v. Cuckow - - - - - -227 v. Fraser - - - - - 11. 192 v. Ilarcourt - - - - - -180 v. Layton - - - - 7. 188, 203, 533 v, Swain ______ 225 Goolamally '. Anderson - 11,38,317 v. Dornford - - - - -14 Ghoolestanken v. Pereira (see Warren and McKenna v. Binns (No. 1) - 332333 v. Binns (No. 2) - - " ' Mohur v. Turner - - " 12 262 Monkhouse v. (Narrian-) Sing - " j 2g Moonio r. Dornford - - " -206 v. Solomon - » > — Payne {alias Williams) v. Primo - - _ 38 " 48 g 492 Pequeno v. Binns - -193 . v. Younger- - Perageo v. Bugwanta - _-. . - - " OvJ Pereira v. Davis - 1 - e n • - - - - 110 Pistano v. Swam - - .,_ s Powers and Cooten v. Buck ^ . - - 35 Queenoo v. Doorag - 0Q . 20g Quinta v. Swain - „ n . - 6, 33, 34 Bamessur v. Bussell - - { ., Begina v. Hill - -42 29 v. Kirko Eodricks v. Simons Boss v. King - - 34 Sam v. Nobriga - _ 34 7. 215, 333 - 311 v. Simon Sample v. Butts Serapaul v. Cruikshank Seth v. Anderson - -281 Sewnarian v. Gohind - ft 29 538 Simon v. De Goveia - - ''"_'... Smart V. Austin - .,_ Smith v. Matheson xii Reported Cases in Supplement, 1888. PAGE Smith v. Kover - - - - -18,368 Soiclar (or Sirdar) v. Langevine - - - -7, 367 Sophia, PL v. Police Inspr. Gen. - - - 205, 277 Sproston v. Cross - - - - - - H> 317 Strahan v. Derrell - - - - - - 34 Swain v. Eraithwaite ----- v. Da Silva [9 Oct.'So, under repd. ord. 9,'73]. v. Lopes ------ v. Mathias ------ 223 v. Pimento - - - - - --14 177 Taylor v. Cameron - - - - - 550 Todd v. Chester - - - - - 8, 360 Torrop v. Jardine - - - - - - - 5 To-Yah (and another) v. Morancie (see Yah & W. v. Moraneie). Unmaid v. Burrowes - - - - --31 7 Verbeke v. Fry - 19 Warren (and another) v. Pereira - - - - 41, 352 Webster v. Birch - - - - - 7, 34, 262 Welch v. Fraser - - - - - - 533 Welchman v. Mongree - - 62 White v. Brummell - - - - - 532 Williams v. Douglas - - - - -7, 368 (alias Payne) v. Primo - - - - 277 Winter v. Hastings ------ 368 Wong-a-wing v. Dornford - - - - - 11 Wright v. Da Silva - - - - - 9, 14 v. Garnett (see Me Wright). v. Pequeno ___--- 486 ,Re - - - - - -8,13 Wun-sam v. Eraser (or Wun-sam) - - - 12, 318, 530 Yah and Wing v. Morancie - - - - 334 Chronological LIST OF ORDINANCES OF BRITISH GUIANA. The Union of the Colonies of Demebaby, Essequibo and Berbice dates from 1831. *V* The references to the "Supplement" are in Clarendon Typt 232. Obs. = Obsolete. Lap. = Lapsed. rage 208 89 Tear. m of u, •'/. Subjects, Repeals, &c. 1827 9 Dem. and Ess. 1829 27 Evidence ,, 29 Newtown. 1830 43 Repd. 12,'48 1831 1 Obs. »> 2 Repd. 4, '70. ,, 3,4 Lap., Obs. >» 5 Criminal Courts >> 6 Repd. 20, '47. >' 7 Obs. >» 8 Manumission. u 9 Repd. 4,' 70. L832 10 Obs. ,, 11 Repd. 52,'34. j> 12 Majority. !) 13 -6 Obs., Lap. )) 17 Repd. 22,'32. > ) 18 -21 Obs., Lap. )> 22 Repd. 2, '50. )> 23—4 Lap. >> 25 Repd. 80, '3G. >) 26 Obs. ,, 27 Superseded 27,'4G. > > 28 Lap. 1833 29- -36 Lap. ) > 37 Repd. 19, '44. ,, 38 -40 Obs., Lap. 1834 41 Repd. 4,'37. 232 90 Xiv CUROXOLOGICAL LlST OF OllDINAXCES. 1834 1835 1836 1837 No. of Ord. Subjects, Bepcals, i£c. Page 42—3 Obs. 44—8 Lap. 49 Adoption of English law of civil evidence . . 735 50 Titles of Officers. 51 Lap. 52 Repd. 58, '35. 53—5 Obs., Lap. 56 Repd. 25, '61. 57 Eepd. S6,'36. 58 Marriage Licenses. 59 Tax. 60 Superseded 16, '84 .. 234 61 Lap. 62 Impliedly repd. (20/56, and 26,'62). 63 Repd. 27,'47. 64 Repd. 18/58. 65 Repd. 12/48. 232 66—8 Lap. 69 Tax. 70 Parishes 498 71 Repd. 15/54. 72 Church and Poor. 73 Lap. 74 Repd. by Order 7 Sept.'3S. 75 Stamp Duties 616 76 Obs. 77 Impliedly repd. (20' 56). 78 "Water Police 513 79 Repd. 1/37. 80 Repd. 7/44. 81 Repd. 15/50. 82 B. G. Bank. 83 — 4 Lap. 85 Repd. 6/49. 86 Repd. 15/49. 87 Lap. 1 Petty Offences — amended 5/67 .. 499, 626 2 Repd. 25/60. 3 Obs. 4 Inferior Cr. Ct.— amended IS/51 ; 13/70 ; 7/72 .. .. .. v.. , vi., 74, 1 5 Tax 6 Building — New Am. 7 Promissory Notes 733 8 Special Magistrates vi. Chronological List oi Ordinances. Year. Xn.o/Ord. Subjects, /. . . 1837 9 Repel. 2,'39. )> 10 Harbour Fees — amended 22, '55 ; 11,'HG 478 !) 11 Pilotage —amended 1-1, '39. > ) 12 Lap. >> 13 Church Loans. >> 14 Shipping Duties — amended 2 2,' 55 ; 1 1,'8G . 478 ,, 15 Impliedly repd. (27, '4 7). >) 16 Repd. 11, '57. )» 17 Lap. 1838 1 Obs. ,, 2 Repd. 20, '54. ' j> 3 Repd. 2, '54. ») 4 Counties iv. >! 5 Repd. 4,' 70. )> 6 Repd. 14,' (51. >> 7 Pilot— amended (12, '57 ; 1G,'S1) . 512,160 ,, 8 Limitation. )> 9 B. G. Lank. >) 10 Kingston Stelling. )> 11 Colonial Bank. )) 12 Fort Wm. Frederick 404 >) 13 Repd. 14,' 83 342 )» 14 Lap. >) 15 Tax. )> 16 Disallowed ,, 17 Repd. 14, '83 . 439, 342 >> 18 Disallowed. >> 19 Impliedly repd. (15, 'Gl). >> 20—1 Lap. >» 22 Repd. 14/50. >) 23—4 Lap. >> 25—7 Disallowed. ,, 28 Repd. 29,'47. ,, 29 Lap. jy 30 Repd. 11, '51. J j 31 Lap. 1839 1 Repd. 14, '50. „ 2 Poliec Magistrates — amended 21, '50 ix., 3 5' 3 Coins 165 )) 4 Tax. )) 5 i:. pd. 18, '58. )) 6-8 Lap. 5> 9 Repd. 14, '83 . . 611, 342 )> 10 Obs. )» 11 Repd. 25, 'GO. XVI Chronological List of Ordinances. Tear. No , of Ord. Subjects, Repeals, > 14 Repd. 12,'45. >> 15 Repd. 1,'54. 16 Repd. 19,'50. 17 Colonial Bank. >> 18 Repd. 29, '47. >> 19 Sunday Markets 624 >i 20 Wills. )> 21 Lap. 5> 22 Repd. 6, '85 .. 314, 249 ,, 23 — 4 Lap. )) 25 Repd. 25, 'GO. >> 26 469 ) ? 27. 29 Lap. 28 Repd. 14, '83 ..516,342 1840 >> 1 2, 5 Lap. 166 )» 3 Tax. )? 4 Repd. 14,' 50. 1841 1 Tax. )> 2 Lap. 3 Repd. 8, '50. 4 Rep. 8,'42. !) 5 Repd. 11/86 478 5> 6 Obs. )> 7 Repd. 6,'42. )> 8 Lap. J> 9 Repd. 15/50. )) 10 Repd. 20/55. )) )> 11 Tax. 12 Obs. 13 Disallowed. )) 14 —15 Lap. 16 Repd. 8/42. (J 17 -18 Lap. 19 Testimony of Indians, &c.- -impliedly repd. 12/77,s.l3 14 1842 1 Superseded (12/62). j) 2 Promissory Notes 734 )» 3 Lap. >> i 4 Markets .. 5—6 Obs. 7 Tax. 8 Repd. 7/43. 439 Chronological List of Ordinances. xvii Year. No. of Ord. Subjects, Repeals, (fee. 1842 9 Lap. „ 10 Impliedly repd. (2.3,' GO). ,, 11 Lap. „ 12 Repd. 3,'55. 1843 1 Registration, Baptisms, &c. 2 Obs. ,, 3 Execution Fees. ,, 4 Passports Abolition. „ 5 Repd. 11/49. ,, 6 Lap. 7 Repd. 3,'48. „ 8 Obs. (16,'54). ,, 9-11 Lap. „ 12 Repd. 3,'48. 13, 14 Lap. 1844 1 Promissory Notes . . . . . . 733 2 Obs. ,, 3, 4 Disallowed. „ 5 Tax. ,, 6 Asylum. 7 Repd. 30, '56. 8 Municipal— amended 14,'52; 24, '56 .. 298,456 ,, 9 Auctioneers — s. 5 repd. 4, '45 .. .. 134 „ 10 Repd. 14, '49. ,, 11—14 Lap. or Obs. ,, 15, 16 Disallowed. „ 17, 18 Obs. Lap. ,, 19 Repd. 29, '46. ,, 20 Repd. 24, '55. ,, 21 Repd. 26,'55. „ 22 Jurors— Civil (ss. 1, 2 repd. 19/46). ,, 23 Repd. 13/47. „ 24, 25 Obs., Lap. 1845 1 Obs. ,, 2 Iin. Loans (8,'47). , , 3 Never published. ,, 4 Auctioneers .. .. .. 135 5 Obs. ,, 6 Repd. 15, '54. ,, 7 Repd. and replaced by 12, '77, s. 13 .. 12,14 , , 8 Lap. „ 9 Tax. ,, 10 Repd. tV50. „ 11 Repd. 24,'55. 12 Pilotage Fees. XV1U CnROXOLOGICAL LlST OF ORDINANCES. Year. No. of Ord. Subjects, Repeals, &c. rage 1845 13—5 Lap. >> 16 Municipal 442 >» 17 Eepd. 30,'5G. ij 18 Eepd. 10, '52. >) 19 Eepd. 24,'56. > » 20 Bills of Exchange, &c. )> 21 Documentary Evidence. J? 22 Lap. 1846 1 Eepd. 18,'ol. > » 2 Eepd. 2, '56. )> 3 Loans (Bridges). »> 4 Tolls (Mahaica). ») 5 Eepd. 26,'5o. 5) 6 Tax. 11 7,8 Lap. )) 9—12 Eepd. 26,'62. 11 13 Obs. (9, '54) 74 >) 14 Auctioneers 227 >> 15 Companies — amend. 5 and 15, '47 ; 31/64 ..166, 342, 521, 573 11 16 Bailways 568 11 17 Eepd. 7,'51. >> 18 Eepd. 24,'oo. )) 19 Special Jurors 89,114,116,737 >) 20 Treason 649 )) 21 Eepd. 26, '62. 5) 22 Libel 408 11 23 Eiots 589 11 24 " Other Offences " .. 496 )) 25 Lunatics 410 11 26 Jurors — s. 9 repd. 2, '47 6, 51, 78, 79, 107, 108, 109 3 '47 27 Criminal Procedure — ss. 21, 22, 58, 59, repd ss. 35, 45, pt. repd. ss. 45, 46, repd. \ i »-q ss. 36, 56, pt.repd. | ' ' 16 ss. 40, 41, repd. 11, '56 ss. 4 to 15, and 20, repd. 29,'50 ss. 81, 82, 83, 85, 86, repd. 26,'6 ss. 44 repd. 3, '65 ss. 73, 74, repd. 14, '65 s. 34 repd. 14, '69 ss. 36, 37, 42, 43, 50, repd. 12,'77 j 28 Eepd. 30,' 50. 29 Eepd. 13,'65. 30 Eepd. 2, '48 52, 58, 66, 67, 77-9, 80, 82-4, 86, 88, 90,91,94,98, 100,101,102, 110, 112 647 oxological List of Ordinances. xix Year. No. of Ord. , .1 e. Page 1846 31 Rents— amend. 27/80, 8. 8 .. xvii., 553, 725 ,, 32 Debtors and Creditors, repd. 22, '84. ,, 33, 34 Lap. , , 35 Amending 2 , ' 1 5 . 1847 1 Repd. 1,'4S. 2 Supr. Cr. Ct. .. .. 78,89,110 „ 3 Jury— s. 4 obs. . . . . 59, 79, 82, 83, 88, 93 4 Obs. (17,'59) .. .. .. 314 ,, 5 Amending 15, '4G. ,, 6 Georgetown — Burial — s. 4 impliedly repd. 25/60. ,, 7 Jurors .. .. .. .. 108 ,, 8 Amending 2,'45. „ 9 Repd. 8,'50. ,, 10 Repealing 8 & 9 Vict. c. 93. ,, 11 Repd. 14, '85 .. .. .. 275 12 Tax. ,, 13 Repd. 13,' 63. ,, 14 Lap. ,, 15 Amending 2/45 (35/46). ,, 16 Companies— ss. 32, 33, repd. 6,'50 ; s. 53 disallowed . . . . . . 736 ,, 17 Penalties, actionable .. .. 26 „ 18 Repd. 7, '51. , , 19 Civil Procedure. ,, 20 Repealing ord. 21—3 Repd. 26,'62. 24 Jury .. .. .. .. 88 ,, 25 Disallowed. 26 Repd. 30,'50. ,, 27 Lamaba Canal .. .. .. 377,678 28 Repd. 30/50 ; 7,'66 . . .. .. 367 ,, 29 Repd. 25/55; 33,'68. ,, 30, 31 Lap., Obs. 1848 1 Repd. 24, '55. ,, 2 Repd. 2,'53. „ 3 Repd. 20/51. 4 Obs. 5 Repd. 11, '49. 6 Repd. 26,'62. 7 Tax. ,, 8—10 Lap. ,, 11 Queen's College. 12 Repd. 3,'83 .. .. 232, 522, 67S b 2 x Chronological List of Ordinances. Year. Mo. of On!. Subjects, Repeals, &c. Page 1848 13 Obs. (12,'62). 1849 1 Lap. 2 Railway Capital. 3 Eepd. 5,'50. 4 Eepd. 2,'56. 5 Rep. 7,'51. 6 Vestries . . . . . . . . 653 7 Repd. 26,'55. 8 Repd. 5,'58. 9, 10 Lap. 11 Repd. 10, '73. 12 Repd. 30,'o6. 13 Tax. 14 Supr. Crim. Ct.— ss. 5, 6, repd. 17/52 . . 90, 92, 93, 98, 113 15 Elections— ss. 16, 17, 25, 27, repd. 21, '55; ss. 29, 47, repd. 1,'76 .. .. 194 16 Tax. 17 Repd. 20,'60. 18 Repd. 16, '54. 19 Lap. 20 G. Burial— s. 142 repd. 22,'6S. 1850 1 Lap. 2 Ct. of Pol. 3 Repd. 16,'54 (2, '82). 4 (Tax) .. .. .. .. 214 5 Repd. 25,' 60. 6 Amdg. 16, '47. 7 Loans (amd. 9, '51). 8 Loans (s. 1 repd. 6, '51). 9 Loans. 10—12 Lap. (Tax, 11). 13 Repd. 14,'50. 14 Repd. 14, '55. 15 Repd. 10,'51 ; 8, '58 ; and 25,'68 .. 188 16 Repd. 11, '51 .. .. .. 213 17 Disallowed. 18 Bread . . . . . . 38, 75, 148 19 Repd. 4, '67 ; and 6,'85 . . . . 249, 734 20 Repd. 20,'51. 21 Repd. 21, '51. 22 Repd. 7,'54. 23 Repd. 22, '51. 24 Disallowed. 25 Lap. Chronological I.! XXI .Vo. of Ord. faQ' 1850 26 Tumor's Patent. 27 Repd. 25,'60. „ 28 Lap. ,, 29 Indictable Offences . . ..51,52,52,53,54, 30 Repd. 19/56, b. 45 .. .. .. 31, 164 „ 31 Officer'BProtection(8ee8,'76) .. rvii, 5, 40, 185, 480, 077 32 Repd. 5/52 .. .. 434,536,537 33 Wilful Trespass .. . . 29, 538 (s. 7), G86 1851 1-3 Lap. ,, 4 New Orange Nasi iu, Comrs. (Amd. 1,'52). ,, 5 Lap. ,, 6 Loan. 7 Repd. 26,'55 ; and 8,'65 .. .. 738 8 Tax .. .. .. .. 214 ,, 9 Loans. „ 10 Repd. 6/67 ; and 25/68. 11 Repd. 15,'61 .. .. ..210, 213 ,, 12 Pilotage Fees. 13 Weights and Measures . . 191, 529, 680 ,, 14 Books Importation .. .. .. 190 15 Obs. (12,'62). ,, 16 Laps. ,, 17 Supr. Crim. Ct.— s. 6, repd. 1 7 , ' • j 2 ; s. 10, repd. 1,'53 .. . .57, 77, 79, 102, 108, 109 ,, 18 Affecting Mags.— ss. 1, 2, 14, amd. ; s. 6 and Sched. repd. 9, '54 ; s. 3, Lap. . .xi, xii, xiii „ 19 Repd. 23, '60. 20—2 Repd. 7/54. 1852 1 .. .. .. 735 ,, 2, 3 Repd. 24,'55. ,, 4 Orphans— ss. 2, 3, 8, repd. 17, '57; ss. 1. 1, 5, 7,9, 18, 40, repd. 12, '68 .. .. 485 „ 5 Amended 8/53; 8, '54 ; 2, '57 ; 4,'66 ; repd. 8/78 .. .. .. .. 136, 434 6 Tax. 7 Repd. 25/68 .. .. .. 188 ,, 8 Disallowed. ,, 9 Repd. 9/54 ; 7/72. „ 10 Repd. 4/58. 11 Repd. 4/53. ,, 12 Sec. to C. J. superseded by Registrar. — S. 4 Obs. ,, 13 Lap. „ 14 New Am. xii Chronological List of Ordinances. Tear. 2?o. of Ord. Subjects, Repeals, &c. Page 1852 15 Railway Capital. ,, 16 Reading Society. 17 Supr. Or. Ct.— s. 3 amended 9, '79 . . 58, 92, 108, 110, 113 1853 1 Supr. Cr. Ct.— ss. 4, 0, 8, 11, 13, 15—18, and part of ss. 5, 30, repd. 26,'62 ; ss. 33, 35, repd. 12/77 . . 51, 78, 84— G, 89, 93—6, 98, 101 „ 2 Repd. as to ims. 7,'54 .. ..164,208 ,, 3 Disallowed. ,, 4 Govt. House. ,, 5, 6 Lap. „ 7 Tax. „ 8 Repd. 8, '54. ,, 9 Lap. „ 10 Repd. 20,'54. 11, 12 Repd. 15,'61 .. .. .. 210 ,, 13 Repd. 7, '54. ,, 14 Railway Loan. ,, 15 Lap. ,, 16 Repd. 7, '54. ,, 17 Repd. 14,'5S. „ 18 Repd. 17,'56. ,, 19 Lap. „ 20 G. Burial. ,, 21 Disallowed. 1854 1, 2 Repd. 6,'55. „ 3 Apprentices (Resident)— s. 23 repd. 26,'62 .. 127 ,, 4 Railway. ,, 5, 6 Lap., Tax (5). 7 Repd. 4, '64. ,, 8 Lap. ; Revived 23,'54 ; Repd. 8,'7S ..141,434 ,, 9 Sheriffs— S. 3 repd. 10,'55 (19,'G4) .. xii ,, 10 Loans. ,, 11 Repd. 14,'55. ,, 12 Repd. 12,'57. ,, 13 Pension. ,, 14 Lap. ,, 15 Repd. 26,'62; 15,'GS ; and 13,'69. „ 16 Repd. 12, '55 ; and 16,'S4 .. 160,182,624 „ 17 Repd. 23,'60. „ 18, 19 Lap. ,, 20 Public Works— (s. 2 amd. 2,'55). „ 21 Repd. 14, '58. „ 22 Repd. 24,'55. 23,24 Repd. 8, '78 .. .. ..141,434 < 'lIKOXOLOGICAL LlST OF OeDINAXCES. )'• Of. No. of Ord. Subjects, Repeals, dc. Page 1854 25 Obs. (12/62). 1855 1 Repd. 12,' 77 ..305,470 j> 2 Amending 20,'54. j> 3 Berbice Ferry. >> 4 Ilepd. 11, '02. >> 5 Amending 4, '38. >> 6 Poor — s. 40 repd. 21/50; b. 19 amended 14, '04 .. 360 (ss. 6, 40), 520 >> 7 Lap. > > 8 Repd. 1/60. >> 9 Tax. >> 10 Repd. 7, '71. >> 11 Repd. 15,' 61 210 >> 12 Customs — Obs. 189 >» 13 Lap. >> 14 Excise— Rum— s. 59 pt. repd. 20, '02 ; ss. 49, 58, repd. 15, '08 .. 42,187,188,230 »> 15 Railway Management — ss. 3, 4, repd. 14,'58. )> 16 Imn. Loan (amend. 24/04). >> 17 Obs. >> 18 Stamp Duties ..234,610 >> 19 Disallowed. >> 20 Repd. 32, '50. » 21 Elections 200 >> 22 Harbour (amended 4/70, and 11/80) .. 307, 478 >» 23 Pension. !> 24 Repd. 3,'GO. )> 25 Continuing Ord. >) 26 Supr. Civ. Ct.— s. 147 amend. 15/87 (s. 125) ; s. 238 repd. 23, '00 (see 32/64; 8/65; 18/80).. . . 42, 65 ,, 27 Law Fees— amend. 6/63, and 18/80 .. 226, 738 L856 1 Repd. 3,'/>7. >> 2 Inf. Civ. Ct.— s. 38 repd. 8/85 (s. 2) . . 740 >> 3 Patent. >> 4 Repd. 24/50. >> 5, 7, 8 Obs. (12/02). >) 6 Repd. 11/57. j) 9 ( 'i instruction of ords iii, 491 >j 10 Repd. 10/84 .. 160, 182 >> 11 Repd. 3/65. )> 12 Repd. 11/57. >) 13 Tax. >> 14 Queen's College. i) 15 Lap. ii 1G Repd. 23/00. Chronological List of Ordinances. Tear. A T o. 0/ Ord. Subjects, Repeals, <£c. Page 1856 17 Prescription. j> 18 Lap. >i 19 Summary Jurisdiction — s. 1 . . viii, 6 2 .. viii, 27 3 .. .. 23,277 4 .. 23 5 repd. 5, '68. 6 .. 4 7 repd. 5,'6S. 8 .. 8, 34 9 .. .. 9,11,39 10 .. 10,39 11 .. 6 12 .. 121, 480, 481 13 .. 10 14 .. ..4, 7,253 15 .. 6 16 .. 16 17 .. ..13,16,39 18 .. 20 19 .. 15 20 .. 9, 17, 36, 258 21 .. 11,39 22 .. .. 20,255 23 .. 21 24 .. 22 25—31, repd. 5,'68. 32 repd. 11, '58. 33 repd. 5, '68. 34 .. 28 35, 36, repd. 15, '69. 37 .. 29 38—42 30 43 .. .. 31,164 44 repd. 5,'68. 45 .. 31 46 .. 31 47 .. 9,33 Generally- 87, 185, 431 ! > 20 Petty Offences — s. 10 repd. 24, '5 G 332 (s. 2, sub- s. 6), 334 (s. 2, sub-s. 9), 500 )> 21 Petty Offences — s. 2 (see 4, '85 (s. 34)).. 13, 332(s.l), 334 (s. 2, sub-s. 3), 507 )) 22 Eepd. 1,'60. >> 23 Imn. Loan — amend. 24, '64. )> 24 Petty Offences 511 >> 25, 26 Repd. 1,'60. )> 27 Prescription 743 >) 28 Loans. >> 29 Repd. 16,'58. ( Ihkonologioal List of Ordinances, xxv Year. Xo. of Ord. ■ !■ peals, &c. Fagt 1856 30 Roads — amend. ll,'7G 440, 445, 450 (a. 45), 692 >> 31 Armed Force 131 »> 32 Repd. 16/58. )> 33 Repd. 10/73 (except ss. 1—3) . . 665 1857 1 Repd. 1,'CO. >> 2 Repd. 8,'78 . . 137, 434 j> 3 Imn. Loan. >) 4, 5 Lap. >> 6 B. G. Buiik. >> 7 Repd. 4/64. >» 8 linn. Loan (amd. 21,'G4). )> 9 Repd. 4/62. >> 10 Lap. )> 11 Amd. 20, 21,'58 ; 20/61 ; Repd. 22,'72. >> 12 Dispensaries. ,, 13 Lap. ,, 14, 15 Patent. ,, 16 Repd. 14,'61. 17 Repd. 12,'68. 18 Repd. 1,'G0. 1858 1 Usury .. .. .. "20 2 Repd. 26/58. 3 Repd. 26/62. 4 Repd. 10/73. 5 Repd. 14/83 .. 74, 359, 483 (s. 5), 521 ,, 6 Disallowed. 7 Obs. 8 Repd. 25/68 .. .. •• 188 9 Lap. ,, 10 Amd. 4/64, and rep. 18/70 .. .. 406 „ 11 Jurisdiction of Mags.— s. 4 and Sclied. A. repd. 11/65 ; s. 6 repd. 5/68. . . . viii, 32 12 Obs. (12/62). ,, 13 Vestry Loan, St. M.'s. 14, 15 Lap., Tax (15). ,, 16 Repd. 18/64, s. 8 (except as to Corns', divi- sions) . „ 17 Repd. 4/64. 18 Petty Debts— s. 31 and Sched. 2 repd. 11/65 (amd. 8/85, s. 1, and 17/80, s. 28) .. 545, 717 ,, 19 Lap. 20 Repd. 20/61; 22/72. 21 Repd. 20/61 ; 22/72. 22 Patent. XXVI CiiROxoLoaicAL List of Oudixances. Year. No. of Ord. Subjects, Itepeals, &c. "age 1858 23,24 25 Private. War Dept. )> 26 27 Repd. 4,' 64. Lap. 1859 1 Repd. 1,'60. 2 3 Tax. Loan. ?> 4 Disallowed. )> 5 Repd. 1,'60. >> 6 Loan (amd. 24, '64). ?> 7 Loan (17,'66). )> 8 Lap. )> 9 Repd. 1,'60. )> 10 Lap. n 11 Repd. 22,72. >> 12, 13 Lap., Obs. j) 14 Repd. 4,'64. 11 15 Public Apptmts. ii 16 Repd. 3,' 60. j> 17 Repd. 4, '64. ii 18 Loan (28,'56). ii 19 Railway (14, '58). ii ii 20 21 Asylum. Patent. j) 22 Repd. 3,'60. ii 23 24 Railway (s. 5 amd. 14, '60). Lap. 1860 1 Repd. 4, '64. 2 Post Office — ss. 8, 10, repd. 13, '60 (amd. 29,'80) 361,366, 540 >> 3 Registrar — pt. repd. 4,'63; 12, '80; 20,'80 .. 37 )> 4 Vice- Admiralty. ii 5 Loan (amd. 4, '64). ii 6—9 Patents. ii ii 10 11 Marriage Repd. 5,' 64. ..281 (ss. 11,12) ; ,445 ii 12 Patent. >> 13 Post Office 361,366, 542 ii 14 Amends s. 5 of 23,'59. ii ii ii 15 16, 17 18 Lap. Patents. Tax. ii 19 20 21 Repd. 4,'64. Lap. .. 152 Chronological List of Ordinances. xxvii fear. Xo. of Orel. Subjects, Hepeals, J:c. Page 1860 22 Repd. 4/73. ,, 23 Auditor General. ,, 24 Loans. ,, 25 S. 10 repd. 21/87 .. 1,19,123,152,226,278, 280(ss.l65— 7),298, 401, 498, 524, 551, Gil „ 26 Repd. 22, '72. „ 27—30 Patents. 31 Lap. ,, 32 Repd. 16,'G1. 1861 1 Lap. 2 Obs. .. .. .. x „ 3 Patent. ,, 4 Superannuation. „ 5, 6 Lap., Tax (6). ,, 7 Private. „ 8—10 Patents. ,, 11, 12 Pensions. ,, 13 Patent Laws (9, '76; 10,'71). 14 Eepd. 1,'69; 9,'73 .. .. ..165,177 ,, 15 Excise— S. 7 repd. 26/62; s. 3 repd. 7,' 75 ; s. 4 qualified 5, '85 .. 210, 213 (s. 3), 216 (s. 11), 217 (ss. 8, 9, 13), 220 (s. 15), 262 16 Clergy .. .. .. .. 153 ,, 17 Trader's Contracts . . . . . . 646 ,, 18 Railway Capital , , 19 Private. ,, 20 Repd. 22,'72. 21 Repd. 6, '85 .. .. ..249,314 ,, 22 Opium— s. 1 repd. 26,'80; s. 23 repd. 26/62 . . 225, 313, 317 (s. 5), 318 (ss. 11, 14), 480 ,, 23 Petty Damages— s. 1 amended 17,'SO (s. 29) 724 „ 24 Apprentices— s. 17 repd. 26/62 . . 129 25 Repd. 7/87 .. .. .. 100, 174 1862 1 Repd. 16/84 .. .. .. 160 ,, 2 Commissioners — extended by 14/70 .. xiv ,, 3 Railway Management. „ 4 Repd. 15/76. ,, 5 Assessment (19/46). „ 6, 9 Lap., Tax (9). ,, 7, 8 Private. ,, 10 Repd. 10/73. ,, 11 Penal Servitude— S. 2 repd. 14/65 .. 102 ,, 12 Prisons— ss. 6, 20, 21, 22, repd. 7/76 ; s. 40 repd. 12/87 .. .. xiii, 87, 368, 13 Obs. (21/70). 551, 0-7, 693 xxviii Chronological List of Ordinances. Year. No. o/ On 1. Subjects, Eepeals, ) 15 Burial. >> 16 Gunpowder 542 ) ? 17 Loan — amend. 24,' 64. >> 18 Court House, Ess. )> 19 Gunpowder 298 >) 20 Malicious Injuries — Persons — amend. 28,'64..40, 278 (s. 44), 411 j » 21 Malicious Injuries — Property . . 279 (s. 49), 426 22 Larceny— amend. 16,'65 : s. 104 (4, '85 ,s.32).. 49, 104, 277 (s. 31), 371 (s. 53), 377 >> 23 Forgery .. 280 )» 24 Coinage 158 >> 25 Accessories 121 j> 26 Eepealing Ord. jj 27 Ass. Sworn Clerk (3,'60). >> 28 Eepd. 4, '64. ,, 29 Loan. >> 30 Eepd. 4/64. >j 31 S. 7 repd. 22,'64 677 1863 1 Eepd. 10,'73. >> 2 Admiralty. »> 3 Eepd. 4, '64. >> 5 Tax. )> 6,7 Provost-Marshal 226 j> 8 Church Loan. )5 9 Patents. >> 10 Loans — (amend. 25, '64). J) 11 Vestries 654 J» 12 Burial. »J 13 Arrest (Civil) . »J 14 Eepd. 4,'64. )> 15 Eepd. 25,' 68 188 )) 16, 17 Private. 1864 *1 Legislature — ss. 1, 4, repd. 16, '64. 5) 2 Eepd. 4,'64. >> 3 Emigrants 208 ) J 4 Immigration — repd. 7,' 73 251, 330, 365 )! 5 Fire — ss. 3 and 11 amended 16, '66. ; 1st provo. (s. 11) repd. 16,'G6 : revived 33,' 80 .. 236, 2S0, 739 * Ords. 1 to 10 repd., so far as relating to Inf. Crim. Ct. 15,'83. Curoxological List or Oedhtanoes. xxix ?ear. No. of Ord. Subject*, Septals, die. 1864 6, 10 Lap. 7, 8 Private. 9 "Old "Gold Co. .. .. .. 285 11 Municipal (s. 13 amd. 8,'76) .. .. 167 12, 13 Lap., Tax (12). 14 Trade Marks . . . . . . 498, 039 15 (S. 2 amd. 34/64 ; s. 8 do. 4/85, s. 20) 16 Ct. of Pol. 17 Municipal . . . . . . 408, 739 18 Commissaries— (amd. 30/08)— S. 1, superseded by 6,'73, s. 3 ,, >> 7 6 „ ,,8 .. xvi, 530 19 Municipal . . . . . . 73G 20 Arbitration (amd. 8/05) . . . . 73G, 739 21 Merchant Shipping . . . . . . x 22 G. Waterworks— (ss. 1, 2, amd. 17,'GG). 23 Sworn Clerks (3, '00). 24, 25 Loans. 26 Drainage. 27 Loan. 28 Malicious Injuries — "Whipping.. .. 413 29 Ice Co. 30 Gas Co. 31 Companies . . . . 100, 108, 735 32 Exon. Sales— amd. 8, '05. 33 Lap. (2, '02). 34 Intercolonial Voyages . . . . 373 35 Queenstown. 1865 1 Lap. 2 Loan. 3 Supr. Cr. Ct. .. .. 81 (ss. 1— 4) 4 Repd. 8,'7S .. .. .. 147, 434 5 Repd. 7, '73. 6 Lap. 7 Penal Servitude— ss. 1, 2, amd. 4/85. .51, 370, 371, 372, 503 8 Amd. 10,'0G; 22/81; Repd. 15/87 ..61,62,499,738 9, 10 Lap., Tax (9). 11 Justices' Clerks . . . . 33, 375, rib 12 (Qualified 20/80) .. .. .. 37 13 Repd. 1/72. 14 Supr. Cr. Ct. .. .. .. 102 15 G. (25/00). 16 Larceny . . . . . . 384 XXX Chronological List op Ordinances. Year. A T o. o/ Oi 'd. Subjects, Repeals, &c. rage 1865 17 Repd. 7, '73. >> 18 Insurance Co. — (amd. 8,' 77). 1866 1 Repd. 10,'73. )> 2 Repd. 22/68. >) 3 Evidence 14 )> 4 Repd. 8, '78 . . 142, 435 >) 5, 6, 8 Lap., Tax (8). >» 7 Pounds 367 (s. 9), 368 (ss. 9, 10), 548 j) 9 Post Office 361 (s. 1), 537 )> 10 Repd. 22,'84 ; 15,'87 65 )> 11 Lap. >» 12 Roads 440, 445, 605 >> 13 Repd. 7, '73 .. 330,365 5) 14 Loan. >' 15 Lap. )> 16 Repd. 33, '80 236 )) 17 Loan 736 >) 18 Lap. >> 19 Agricult. Socy. !) 20 Municipal— s. 24 amd. 17, '69 . 180, 736, 741 )» 21 Haokney Carriages 303 1867 1, 2 (Tax). jj 3 Lap. >) 4 Asylum — rep.6,'85 (as apx^licable to Berbice) ; s. 5 rep. 3, '76 . . xii, 278 )> 5 Sunday Trading— 7, '80, ss. 9, 10, apply to ss. 2,3* . 9, 27, 29, 212* 480,Caseson,48O et seq., 624 )> 6 Rep. 25,'68 . 188 >> 7 B. G. Museum. 1868 1 Private. ;> 2 Impliedly repl. 7, '72 71 >> 3 Small Penalties .19, 25, 154, 296, 312, 502 n 4 Registrar (qualified 20, '80) ..13,14,37 >' 5 Review (s. 1 altered by 17,'80, s. 32) . . ix. (ss. 29—30), 7 (ss. 3, 4, 11), 9 (ss. 11, 3), 22 (s. 28), 31 (s. 10 (2) ), 36 (s. 10 (9) ), 37 (ss. 5, 22, 7), 39 (s. 14), 40 (ss. 21, 10), 41 (s. 21), 41 (s. 12), 42 (ss. 14—15), 43 (ss. 20, 16), 44 (ss. 17, 13, 22), 45 (ss. 25, 2—4), 46 (ss. 26—7, 18—9, 21), 47 (ss. 23—4, 8—9), 48 (ss. 31, 5-6), 254 (s. 21). 256 (s. 22), 257 (s. 11), 367 (s. 21), 537 (s. 20) Treason Felony . . . . . . 648 < 'lIUOXOLOGICAL LlST OF ORDINANCES. Year. 1868 1869 Xo. of Orel. Subjects, Repeals, (fee. 1'age 7 Pension. 8 Lap. 9 Repd. 7/73. 10 Registration— amended 24, 27,'68 ; ss.43— 4C amended 8, 'G9 .. .. .. 575 11 Pension. 12 Reformatory .. .. 55,66,490 13 Ministers. 14 Colony Houses. 15 Customs .. .. .. .. 1S1 16 Tax. 17 Civil List. 18 Curates, &c. 19 Parsonages — s. 3 amend. 7,'G9. 20 Repd. 13, '73 (4,'85, s. 35) .. .. 342 Trading Cos. 21 22 Burial. 23 Tax. 24 Postponing 10, '68 25 Excise 587 32, 33, 188, 189 (s. 67), 191 (s. 9), 198 (ss. 21—34), 202 (ss. 50, 53), 203 (s. 54), 205 (ss. 64, 67, 74), 206 (s. 67), 207 (ss. 70, 74), 208 (ss. 67—8), 230, 242, 313 (ss. 12, 28), 317 (ss. 5, 14), 318 (ss. 11, 14) 28 Criminal Procedure — Ss. 2, 6, amend. 14, '69 61, 88, 400 27 Registration 28 Superannuation. 29 Cocoa-nut Rum 30 Commissaries — repd. 6, '73 31, 32 Loans. 33 Marshals— (amd. 3, '78). 1 Crown Lands — repd. 9, '73 2, 6 Lap., Tax (6). 3 Excise (Liquors) 4 Larceny . . 5, 7 Farsonages. 8 Registrar 9—12 Loans. 13 Savings Bank— (ss. 5, 6, 7, 17; 15 pt.) ; rcpd. 24,'80; B. 16 repd. 9,'84 : ss. 20, 27, amd. 24,'SO). 14 Crown Cases Reserved .. 80,117,280 15 Distress . . . . • • ..26, 29 578 261 342, 515, 530 165 .. 208,261 403 587 Chronological List of Ordinances. Year. 2 To. of Ord. Subjects, Repeals, &c. Page 1869 16 (Amd. 6,'73)— Tadjah 17 Amd. 20,' 66. 627 18 Cattle Disease 19 Cable Co. (amd. 3,'70; 6,'78). 153 1870 1 Lees . . 277, 404 >> 2 Obs. 5) 3 Cable Co. (19,'69). >) 4 Quarantine — amd. 6, '72 ..435,564 )> 5, 6 Private. !) 7 Repd. 17, '70. „ 8, 9, 10 Obs., Tax (8). >> 11 Courts Consolidation .. 79,108 >> 12 Supr. Crim. Ct. .. 80, 111 1, 13 Promissory Oatlis .. 1,343 J) 14 Extending 2,'62 ; Comrs. XV )) 15 Remission of Fines, &c. 24 !> 16 Obs. )) 17 Burial. >> 18 Lepers 406 )) 19 Loan J ) 20 Insurance Co. >> 21 Gas 293 1871 1, 2 Obs. j) 3 Registration 577 }■> 4 Inf. Civ. Ct. 746 >> 5 Baking Co. }■> 6 Civil List. j) 7 Tax. >> 8 Obs. )> 9 Excise (liquor) — amend. 25,' 68 : repd. 4,'77 . . 188, 210, 254 >> 10 Amending 13,'61 j » 11 Gas 293 >> 12 Crown Lands — repd. 9, '73 165 >> 13 Inf. Crim. Ct.— repd. 7,' 72 71 >) 14 Puisne Judges' Titles 543 >> 15 Repd. 16, '72. )) 16 Private. !) 17 Town Council Loans 736 ? J 18 Jury Amendment 113 1872 1 Repd. 22,'84 369 ? ? 2, 3 Obs. )> 4 Criminal Procedure— s. 3 repd. 4,'85..14, 17, 51, 52, 77,79,101,110,111, 112, 403, 499 CiiROXOLDJUAL List or Oiidixa.m i:>. Tear. A1>. o/ ' '. Subjects, Itepeals, Sic, 1872 5 Appropriation uf l'in. 9 >> 6 Quarantine II 7 Reference to Superior Courts )> 8 Inf. Civ. Ct. )> 9 Gas — Transports. >> 10 Repd. 7,'73. »> 11 Tax. >> 12 Repd. 7,'73. )> 13 Obs. >l 14 Dangerous Goods M 15 Criminating Evidence )» 16 Gunpowder >) 17 Bishopric > 1 18 Customs — repd. 16, '84 >> 19 Transports (4, '83). >> 20 Scotch Church 5> 21 Hydrophobia — amended 7, '75 II 22 Militia >> 23 Prisons — amending 12, '62 1873 1 Obs. II 2 Diocesan. »> 3 Widows, &c. Fund . . ,, 4 Pensions — Retiring. >) 5 Larceny, &c, "Whipping >> 6 Police >> 7 Immigration — ss. 1, 19, 20, repd. 9/78 s. 10 repd. 9, '86 8. 62 repd. 2, '87 88. 84, 86, 87, 105, 107, 109, 111, 145, repd. 4,'76 181, 303, 401, 406, 145, 564, 589, 652 564 .. 51,05,71,72,73 ..557,716 .. 191, 458 .. 12,396 298 .. 160, 185 xii 193 48, 449, 517 556 57 74 xv, xvi, 342, 515, 680 1 251, 252 (ss. 84, 159, 161), 255 (ss. 40, 90, 159), 256 (s. 105), 257 (s. 3),258(ss. 76, ss. 144, 146, 147, 166, repd. > 164), 261 (ss. 83, 132-6 , 262 (ss. 90, 124, 159), 271 (s. 116), 284, 299 (s. 69), 315, 627 10,'87 ord. amended, 9, '86, ss. 17,18 ss. 19, 20, repd. 9,'7S e. 41 amended 1,'83 B. L66 replaced by s. 7 of 10, '87 8 Repd. 6,'83. 9 Excise, Crown Lands— amended 16,'S5- repd. 18, '87 10 Villages— repd. 4, '83 11 Tax 12 Immigration Registers 13 Police— repd. 14, '83.. 14 Gas— amending 21,' 70 165, 177, 178, 180, 185, 214 377, 513, 655 225 365 .. 342, 515 29 1 c xxxiv CnnoNOLOGiCAL List op Obdinances. i'ear. No. of Ord. Subjects, Repeals, &c. Page 1874 1, 2 Tax., Obs. ,, 3 Tapacooma Lake .. .. .. 629 4 Excise (Liquor)— repd. 4, '77 .. ..188,244 1875 1 Immigration — amending 7,' 73 . . .. 359 ,, 2 Obs. „ 3 Prom. Notes .. .. .. v, 734 ,, 4 New Am. "Waterway .. .. 674 ,, 5 Portug-uese Ben. Socy. (13, '8G). „ 6 Tax .. .. .. 181 ,, 7 Excise — amending 15, '61 ; s. 2 repd. 8, '80, s. 10 .. .. .. 210, 212 (s. 3), 213 (s. 2), 215, 229 (s. 6), 265, 267 8 Consuls exempted as Jurors . . . . 543 9 Ocean Cable Co. . . . . 630 10 Civil List— Lap. 11 Church Maintenance . . . . 57 12 Pensions, &c. (22, '60). 13 Private. 14 Vaccination . . . . . . 649 15 Cable Co. Subsidy. 16 Gas Co. 17 Private. 1876 1 Returning Officers for Electoral Divisions (15,'49) .. .. .. 201 ,, 2 Lap .. .. .. .. 268 ,, 3 Lunatic Asylum .. .. .. 278 ,, 4 Immigration— amending 7,'73 .. 252, 257 (ss. 15, 24), 258 (s. 16), 259 (ss. 16, 25), 260 (ss. 16, 17), 261 (s. 23), 262 (ss. 23, 51), 297 5 Tax. 6 Dollars .. .. .. .. 78 7 Prisons — ss. 5, 7, 10, repd. 15,'84 ; s. 40 repd. 12/87.. .. .. ..368,555 8 Vlissengen (14,'80; 5,'81). 9 Patents (13,'61). 10 Govt. Telegraph (12,'82) . . . . 496, 633 11 Eoad Amendment— ss. 3, 4, repd. 10,'78..44O, 442, 445, 595 12 Inferior Civ. Ct. .. .. ..556,747 13 Infirm Vagrants' Detention . . . . 508 14 Elementary Education (6, '82) .. .. 649,697 15 Board of Education— repd. 6,'82 . . 541, 697 16 Queen's and Bishop's Colleges. I 'lIKOXOLOGICAL LlST OP ORDINANCES. XXXV 1877 No. of n> 1 2 3 4 Page 1878 1879 1880 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 1 2 3 4 '<*• Subjects, Ilepeals, dc Lap. (Tax) .. .. .. ..214 Small Stallions . . . . . . 478 Licenses (Liquor)— amd. 7,'80, s. 2 .. 15 (s. 3), 187 (ss. 13, 14), 190 (s. 2), 191 (ss. 3, 4), 195 fss. 4, 5, 6), 198 (ss. 7— 12 , 199 (s. 8), 200 (ss. 15—17), 203 (s.10), 209 (s. 11), 212 (s.14) G. Sanitary— (5,'78). Teachers (Primary Schools) . . . . 542 Cattle Stealing 1 Prevention . . . . 76 Insurance Co. Private. Companies Clauses . . . . . . 32, 79 Tramways— s. 16 repil. 20,'S6 . . . . 32, 499 Criminal Law Amendt. — s. 7 repd. 4,'85 — ss. 2—5, 7, 9, 10 .. .. 51 ss. 11, 12 .. .. .. 332 ss. 8, 15 . . . . . . 53 s. 16.. .. .. .. 18 Registration— repd. 2, '83 .. .. 439 Wild Birds— repd. 12,'85, as to Crows. Lap. Kitty Road . . . . . . 447 Provost Marshal. (Tax) .. .. .. .. 2 i4 Continuing — 5, '77. Cable Co.— (19,'G9). Volunt .. .. ti 513 Public Health— amd. 10,'SO ; 1-1,'SG .. 375 Immigration Amendments — repealing ss. 19, 20 Road Amendt. Steam Wood Co. Private. Lap. Tax Onderneeming School — amd. 9, '83 Loan. Loan — Wesleyan Miss. Socy. Loan — Belair. Jurors' Reimbursement Tax Loans, Georgetown— (13,'80 ; 4,'84). Lap. Removal of Wrecks . . c 2 ,'73, 251 440 39, 319 306 58 7, 215 458 XXXVI Chronological List of Ordinances. Year. 2fo. of Ord. Subjects, Repeals, He, Page 1880 5 Origin of Fires Inquiry .. ..236,353 ,, 6 Tax. ,, 7 Licenses (Liquor) — ss. 7, 9, 10; see 5, '85 ..187, 189 (ss. 1, 2), 190, 192, 195,196 (ss. 3—8), 209 (ss. 9, 10), 212 (ss. 9, 10) Licenses (not Liquor) — not affecting 25, '68 . . 14, 28, 188, 210 (ss. 2—6), 215 (s. 3), 218 (s. 3), 220 (s. 7), 221 (s. 7), 225, 227 (ss. 5, 8), 228, 236 (s. 0) 8 ») 9 Public Officers— (13,'84). ) J 10 Public Health— (8,'78 ; 14,' 86) .. 375, 382(ss.2,5), 422 (s.4) 430 (s. 3) )) 11 Pension (Crosby). >» 12 Pension (Pollard). ) » 13 Loan (Georgetown) — (2, '80 4, '84). J) 14 15 Vlissengen— (8,'76; 5,'81). Polder— repd. 18,'86 335 ) ) 16 Gold Mining— repd. 16,'86 4, '87 290 >; 17 Summary Jurisdiction — s. 1, 2 .. 2 3 '. . ! ! 4, 5 . . 6, 7 .. 8 ) 9 }Eepd. 11, '87. 10 J 11—14 15, 16 17 .. 18 19 : 20 21—22 23—26 27 28 amending 18,' 58, s. 1 29 amending 23,'61, s. 1. 30,31 32 amending 5, '68 Sched. 6 207 42, 52 6 1 45 16, 52 47 20 12 9,218 9 17, 37 19 545 544 545 28 49 ,, 18 Procedure — s. 9 repd. 15, '87 65 JJ 19 Inferior Civ. Ct. 556 ,, 20 Registrar 37 )) 21 Shipping Casualties . . 460 465 ; 'ss ss. •1-7), 7—10) ,, 22 Shipping Cas. Investigation- —repd. ! 2,'83. 469 J) 23 Prevention of Smuggling . . . 479 ,, 24 Savings Banks (9, '84). Chronological List oi Obdinani es. 1880 1881 1882 1883 1884 No. of Ord. , d-c. 25 Ct. of Pol.— Evidence (7/82). 26 Opium . . Page 27 28 29 30 31 32 33 1, 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 ..14, 189, 198, 313, 317 (ss. 7, 9) 549 268 362 ..252,271 55 .236,353 .223,228 544 Small Tenement Acreage Tax Pod Office I !"-]>it:il Regulations IiiMirance Co. Treason and Felony Fire Brigade Lap. Tax Inferior Or. Ct. Amt. Vlissengen— (8,'76; 14,'SO). Supr. Civ. Ct. (Admor.-Gen. Comrs.) Lap. Tax. Lands for Public Purposes. Tax Education Ct. of Pol. — Evidence — amending 25, '80. Civil List Transport of Colony Lands. Christian Ministers. Adulteration of Food and Drugs Government Telegraphs — (10/76) Amending 7, '73, s. 41 Registration Sworn "Weighers and Gangers . . Villages Lap. Sea Defence Tax. Public Flogging Abolition Onderneeming School — (5, '79) . . Judges' Salaries. Friendly Societies Shipping Casualties Investigation. .469(ss.l — 4), 473 (ss. 4—6), 475 (ss. 7—14) Combd. Ct. Evidence. Police Prevention of Crimes — repd. 4,' 85 225 541 65 496 .251, 263 439 522 .430, 511 451 17 306 240 342 51, 331, 371, 374 (B. 9) Customs — repd. 9, '85. Appropriation of Customs - lioad Amendment . . dap. 442, 446 s. 13) XXXV111 u iiroxological List of Ordin AXCES Year. JV r o. o/ Ord. Subjects, Repeals, &c. I'a'je 1884 4 Loan, Georgetown. >> 5 Documentary Evidence 12 >i 6 Lap. >» 7 Tax . 40 >> 8 Pawnbrokers ..232,320 )> 9 Savings Bank— (13, '09 ; 24, '80) >> 10 Burial, Amsterdam — (20, '60). >> 11 Audit. >> 12 Loan — Lamaha. >> 13 Public Officers— (9, 'SO). >> 14 Infectious Diseases Prevention Quarantine) 435 ?) 15 Prisons— (12,'62 ; 7,'76) ; s. 6, repd. 12, '87) 368 >> 16 Customs . 100 , 366 (s. 29), 370 (s. 198) ?> 17 Georgetown — (21, '60). >> 18 Bcerasirie. 5> 19 Rural Constables 356 >> 20 Customs — (1, '84) Lap. 5) 21 Debtors 52, 273, 554 J) 22 Insolvency ..276,352 it )) 23 24 "Wesleyan Soc. East Dem. Water— (15, '86). 1885 1 Lap. si 2,3 Bcerasirie Loan (2 repd. by 3). 5) 4 Prevention of Crimes — s. 7, see 3/86 ; s. 11, see s. 6, do.- ss. 1—10 11 12, 13 14 15 16 17 18—23 24—27 29—31 32 33, 34 35—39 40 75 (misprint for 35) ss. 1- -5 of 375 21 202 206 352 305 16, 48, 55 353, 458 162 .. 53, 370 54 .. 13, 331 50 371 50 )J 5 Licenses Ord. . . 199 (s. 7), 20 ( ss. 2- -7), 228 (s. 6) )> 6 Public Hospital — s. 3, repd. 9, 'Si .. 249,278,288 !) 7 Service of Summonses . .. 11 (s. 1) )1 8 Petty Debts — amending IS, '58. 9, 10 11 Lap., Tax (10) Loan— (3,'85). 235 f'nnoxoLOGicAL List or Ordinances. XXXIX J' '/■. Xo. of 01 1885 12 j> 13 >) 14 »> 15 m 16 1886 1 ,, 2 )> 3 >> 4 >> 5,6 >) 7 >> 8 >> 9 )> 10 >> 11 >> 12 )> 13 )j 14 1887 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A. Subjects, Repeals, dr. Page Carrion Crow > :mi- n . . . .251, 264 Land Purchase, G. Gold, &c, Mining (with Regulations) . .251, 289 Bartica Town. Trotman Fuud. Coroners.. .. 54,89,251,252,268 -s. 35 amend. 4,'f Tax (3rd Custom* Imn. Person and Property Juvenile Offenders . . Prisons Bonds under (>,'70, prohibited Loan for Public Purposes. Administrator-!, mi i. t;i1 1 .. 210,215-236 ..100,160 amend. 7/73 ..251, 266 43 (ss. 1—7) 369 61, 251,266 x \ Chronological List or Ordinances. Year. No. of Ord. Subjects, Repeals, &c. r "!J e 1887 16 Inheritance .. ■• •• 557 17 Administration 18 Crown Lands .. •• •• 165 19 Dem. W. Coast, Sea Defences. 20 Creeks. 21 G. Town Council— (25,'60). LIST OF ABBREVIATIONS USED IN "THE LAWS," 77, and SUPPLEMENT, 't all. or abort aboriginal (Indian). ace accessory. A.-G Administra tor- General. Ad. -(Jen ,, ,, Admins.-Gen ,, ,, Admor.-Gen ,, ,, admin, regt administrative regiment. Adm. Courts Admiralty Courts. advt advertisement. app apprentice. appd appointed. appett. or applt appellant. apport apportionment. appro approval. appship apprenticeship. appt appoint. ass assistant. asst , , Att.-Gen Attorney-General. Atty.-Gen ,, ,, atty attorney (agent). authd authorised. authty authority. av avoirdupois. B Board. Bs Boards. b., (18, '50) bread. b., (27, 68) birth. b. "in/ (1 births and deaths. xlii List of Abbreviations. B. of Ed. . t Board of Education. B. of S Board of Superintendence (New Amsterdam). B. G British Guiana. bh bhang 1 . cal calendar. C. Colonial. C. Civil. c, (24, '62) copper. c, (21, '66) carriage (hackney). c, oust custody. c cent, or cents. C. B Central Board. C. B. Warehouse Colonial Bonded Warehouse. Col. B. Warehouse ... . ,, ,, ,, C. Customs Colonial Customs. C. Ctms , , j) C. C. E Colonial Civil Engineer. C. C. Eng ,, ,, ,, C. of E College of Electors. certe certificate. certe. of exempt, fr. I. .certificate of exemption from labour. Cler Clerical. Com Commissary. Com. of T. Commissary of Taxation. Sub-Corn Sub- Commissary. C. J. Chief Justice. c. rum cocoa nut rum. Comt Commandant. Contr Comptroller. Corp., Corpn Corporation. Co Company. condemn condemnation. Cor Coroner. C. E Collector of Rates. Crs. (6, '55) Commissioners (Poor). Cr. S Crown Surveyor. Cr. Survr ,, ,, C. Recr.-Gen Colonial Receiver-General. C. of F Court of Policy. Ct. of P. ,, cplt complaint, complainant. Co. Surg. -Gen Colonial Surgeon-General. Ct Court. List or Abbkeviations. xliii (1 death. deft defendant. Hem Demerara. (bml run deodoriflation. disappro disapproval. dispon disposition. Dist 1 district. Dist. Com District Commissary. Div. Capt Division Captain. Dub Dublin. earth c earth closet. earth cs earth closets. E. or Emj England. E. and lr England and Ireland. Ed Edinburgh. El. dist Electoral districts. El. dies Electoral divisions. Ess. , Essbo Essequebo. c. g exempli gratia. excdg exceeding. exs., exors executors. Ex. hills, >\r Exchequer bills, &c. cxon., exn execution. f.p false pretence. fel felony. F. R Financial Representatives. Fin. year Financial year. G Georgetown. ff., (24, '68) gold. ff., (16, '72) gunpowder. Gov Governor. Govt Government. Govt. Sec Government Secretary. (! . JSf. Corps Georgetown Militia Corps. 11. M. Her Majesty. IL-Jf. Harbour-Master. II r. Mr ,, „ ][ Harbour. h. c hackney carriage. ^v List of Abbkeviations. A. I hard labour. S.O Health Officer. ib ibidem (at the same place). I- A. G Immigration Agent-General. Im - A - G i-e id est (that is). im immigrant. imgn immigration. imn impr imprisonment. imprist imprd imprisoned. Infr. Cr. Ct Inferior Criminal Court. Infr. Civ. Ct Inferior Civil Court. ind indenture. Ind. School Industrial School. inhance inheritance. Insprs. . . . ■ Inspectors. Insp.-Gen. of P. Inspector- General of Police. int interest. intd interested. introd introduction. Ir Ireland. Jud. distr. Judicial district. J- P Justice of the Peace. Js. P Justices of the Peace. Jen knowingly. Lieut Lieutenant. L. B Local Board. L. Bs Local Boards. m., (16, '46) market. in month. Med. offi Medical officer. X-0 „ „ Med. Practr Medical Practitioner. *ned medical, medicine. M. and T. C. of G Mayor and Town Council of Georgetown. 'nin minimum. List of Abbreviations. x I / »> ,, post. p. litter ,, post letter. p., (7, '66) pound. />. keeper, (7, '66) .... pound keeper. 1'liys Physician. Practr Practitioner. prodon production. prom, note promissory note. P. El. School Public Elementary School. P. J Puisne Judure. '/• V quod vide (which Bee . xlvi List op Abbreviations. ry., (2, '78) railway. r., (16, '46) railway. lief. School Reformatory School. R.-G Receiver- General. Rec.-Gen ,, ,, Recer.-Gen ,, ,, Reg Registrar. R. c Rural constable. Rural c ,, ,, soil scilicet (forsooth). s section. sect ,, Sec. of the R ofSupr. ) Secreta of the Board of Superintendence, &c. of New Am. ) J r So Society (Friendly) . ss sections. s., (24, '62) silver. s. c solitary confinement. Spe. J. P. Special Justice of the Peace. St. J. P. Stipendiary Justice of the Peace. st street. sumly summarily. Supr. of rivers Superintendent of rivers. Supt ,, ,, Supr. Ct Supreme Court. t telegraph. ts telegraphs. Tit Title (heading). T. Clerk Town Clerk. T.G. „ „ T. Fund Town Fund. transpn transportation. vn vaccination. Yr Vaccinator. Vacr , , Vrs Vaccinators. Yacrs ,, vacd vaccinated. v vestry (6, '49). v village (10, '73, or 8, '78). List of Abbreviations. xlvii V. C Village Council. Vol Volunteer. W. or G "Weigher or Gauger. Wff. machine weighing machine. w weight (13, '51). ws weights ,, w whipping. W. Bank West Bank. W. I. West Indies. toil wilfully. COREIGENDA. Page xx, 1849, Ord. 20, for "s. 142 " read " es. 1 and 2." Page 50, for " s. 75 " read " s. 35." Page 320, dele 598. INTRODUCTION. III. Construction of Ordinances. [See pp. 22—27.] V Semble S. 3 of ord. 4, '37 is impliedly repealed by ord. 13, '70 (post). viii Stipendiary Mags, were originally instituted by an Order in Council, dated 7 Sept. '38, which was not set out in "The Laws, '77," for want of space. See also order, 20 Juno'31. By ord. 1-1, '86, s. 11, the Inspector General, and other Inspectors of Police, are ex officio Justices, with limited powers. See "Police." An assistant Police Mag. for Gr. has been appointed by ord. 17, '80, s. G. By ord. 8, '82, s. 3, £8,400, or $40,320, at the rate of 4.v. 2d. to the 5- is provided for the salaries of St. Mags. 0rd 17 , g0 Her Maj. may appoint such number of St. Mags, as may be s 6 Appoinfc- necessary, and may appoint a Police Mag. of Georgetown, and ment of Bt. J. P. an assistant Police Mac/, of Georgetown. Every such officer shall hold office during II. M.'s pleasure, Tenure, and shall receive such salary as may from time to time be Salary, provided for the purpose. Every St. Mag. as defined in this ord. (s. 2) shall have and s 7 rowers, may exercise all the powers now conferred by law on any St. J. P., and on any Sp. J. P., and on any J. P. Ss. 8, 9, and 10, are repealed by ord. 11, '87. Promissory Oaths Ord. 70. , mm m J Ord. 13, '70. I, A. B., do swear that I will be faithful ami beat true allegiance to si i Her Majesty Queen Victoria, her heirs and successors, according : " ! ' to law. Sn help me God." "I, A. B., do swear that 1 will well and truly serve Eer Majesty s2 official • « *• * •« Queen Victoria in the otliee of .... So help me God." A. I'.., doewear that 1 will well ami t nil v >erve our Sovereign l^atly Queeu Victoria in the office of ... . [e.g., St. Mag.], and I will Ord. 13,'70. S 5 Affirma- tions. S 8 Oaths by aliens. S 7 Oaths by- persons named Sched., Pt. I. s 8 Oaths by persons named Sched., Pt. H. S 9 Refusal, &c. to take oath. s 10 Excep- tions. 2 Introduction. do right to all manner of people after the laws and usages in force in this Colony, without fear or favour, affection or ill-will. So help me God." S. 4 provides for the substitution of the name of the Sovereign of the Realm for the time being from time to time. When an oath is required to be taken under this ord., every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath, may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words, " solemnly, sincerely, and truly declare and affirm," for the word " swear," and omitting the words " So help me God." The oath of allegiance only shall be taken by aliens on naturalization ; form as in s. 1 . The oath of allegiance and official oath shall be tendered to and taken by each of the officers named in the first part of the sched. hereto, as soon as may be after his acceptance of office by the officer. The Att.-Gen., Queen's Advocate in Admiralty, The Solor.-Gen., The Crown Solor., Gov. Sec, Assist, do., Auditor-Gen., Colonial Recer. Gen., Assist, do., Admor.-Gen., Controller of Customs and Rum Duties, Sub clo., Supervisor of Aid- Waiters, Inspector Gen. of Police, Inspec- tors of do., Supt. of the Penal Sett., Colonial Civ. Engr., Sheriffs, Regis- trars of Court, Provost Marshal, Crown Surveyor, Revenue Officers, Supts. of Rivers and Creeks. The oath of allegiance and judicial oath shall be taken by each of the officers named in the second part of the said sched. hereto, as soon as may be after his acceptance of office. The Chief Justice, Puisne Judges, Judge of the Court of Vice-Admi- ralty, the Justices of the Peace. If any officer specified in the scheds. hereto shall decline or neglect, when any oath required to be taken by him under this ord. is duly tendered to him, to take such oath, he shall, if he has already entered on his office, vacate the same, and if he has not entered on the same, he shall be disqualified from entering on the same : but no person shall be compelled, in respect of the same appointment to the same office, to take such oath or make such affirmation more times than one. Nothing in this ord. contained shall affect the oath required to be taken by members of the Ct. of P., financial represen- tatives, members of College of Electors, officers of the Militia, or any other persons not officers in the public service of H. M., who may be required by any law to take an oath: provided that when the oath of allegiance is required to be taken, the form of such oath subscribed by this ord. shall be substituted for the form of the oath of allegiance heretofore required to be taken. Justices. 3 Ord. 13, '70. Saving: of officers mentioned in the sched., and sworn in ,,-77 , . © . a 11 Not rttro- botore passing 01 ord. ix Ord. 2, '39, s. 3. See now " Prom. Oaths Ord. '70," p. 1. Ord. 8. '86. X The Extradition of fugitive Criminals who escape from French Guiana. "Gov. of French * hliana" = any person or persons admi- s l "' lh nistering the Govt, of Fr. G. " Extradition Acts "=Extradi- tion Acts, '70 and '73, and any Act of Pari, hereafter to be passed relating to tho oxtradition of persons accused or con- victed of crime. "Fugitive criminal "=any person accused or convicted of any crime in respect of which extradition may be lawfully granted under tho provisions of any ord. in council applying the Extradition Acts, who may bo lawfully surrendered under the provisions of any ord. in council applying the said Acts as regards the colonies and foreign possessions of France. Any member of the police force of B. G. may arrest and s 2 Detention detain any person whom there is reasonable cause to suspect of fu of being a fugitive criminal, who has escaped from Fr. G. Every person so arrested and detained shall be brought Taken before before a St. Mag. as soon after the arrest as may be practic- ""** able. If it appears from the evidence adduced to the St. Mag. before whom such person is brought, that there is reasonable cause to suspect that such person is a fugitive criminal who has escaped from Fr. G., it shall bo lawful for such St. Mag. to call upon such person to declare his name, the country to which he belongs or is subject, the port or place from whence, the vessel by which, and the clay on which he arrived in the colony. If such person fails to make it appear to the satisfaction of Order of deten- Buch St. Mag. that he is not a fugitive criminal who lias escaped from Fr. G., the St. Mag. shall thereupon order that Buch person shall bo detained in custody until the Gov.'s pleasure bo known, and shall thereupon issue his order of detention, which may be in the form in sched., or such other form as the circumstances may require. The person referred to in any such order maybe detained Period of do- in custody thereunder for any period not exceeding three '';"""''. months, but for no Longer period : and may. during any such period, be detained in any prison, police station, or convenient place, and may from time to time be removed Erom anyone place to any other by order of the Inspector Gen. of Police 01 any St. Mag. b2 Ord. 8,'86. ^\~h< ire several fugitives. Description of fugitive by Inspr. Gen. Do. by magis- trate. Gov.'s power of release. s 3 Proceeding's on requisition. s 4 By French Gov. Police magis- trate's certifi- cate. S 5 Where no French officer can be sent to receive criminal after identifica- tion. Committal to await surrender, 4 Introduction. Where several persons, whom there is reasonable cause to suspect of being fugitive criminals, who have escaped from Fr. G., arrive in the colony together, it shall not be necessary to take separate proceedings under this s. against each such person, but the proceedings may be against all at the same time, and the order of detention of the St. Mag. may apply to any or all of such persons whom there is reasonable cause to suspect of being such fugitive criminals. The Inspr. Gen. shall cause the St. Mag. to be furnished with a full description in writing of each person brought before such Mag. under this s. Where a St. Slag, makes an order of detention under this s. he shall forthwith transmit the description of the persons therein mentioned, with a copy of the proceedings and order, to the Govt. Sec. for the information of the Gov. The Gov. may at any time order any person referred to in such order to be released from custody. Where requisition is made for the extradition of any person who is detained in custody under this ord., the same proceed- ings in all respects shall be taken as if such person were not so detained. Where requisition is made by the Gov. of Fr. G. for the surrender of a fugitive criminal, the Gov. may, by order under his hand, signify to the Police Mag. of G. that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal : and, thereupon, the Police Mag. of G., if the fugitive criminal is brought before him, shall hear the case, and shall have the like jurisdiction and powers as are given to the Police Mag. under the Extradition Acts. If the Police Mag. of G. commits any such fugitive criminal to prison, there to await the warrant of the Gov. for the sur- render of such fugitive criminal, he shall forthwith send to the Gov. a certified copy of all the proceedings, or certificate of the committal, and such report upon the case as he may think fit. Where the Gov. of Fr. G. makes regulations for the extradi- tion of a fugitive criminal, and transmits properly authenticated documents describing the person for whom such requisition is made, but is unable, from quarantine regulations or other causes, to despatch any officer to identify or receive such fugi- tive criminal, the following procedure shall be lawful : — Where the person who is suspected to be such fugitive ■ criminal is brought before the Police Mag. of G., he may, if satisfied, either from the description stated in such authenti- cated documents or otherwise, that the person brought before him is the person for whose extradition requisition has been made, and that such person is a convicted and fugitive Justices. 5 Ord. 8,'86. criminal who has escaped from Fr. (J., commit Buch person to prison, there to awail the warranl of the Gov. for his surrender; and no evidence thai the Gov. of Fr. <>. is unable to despatch any such oilicev shall bo necessary. Where the Gov. is satisfied thai any person in custody is a Qav.ma.rtat- fugitive criminal, who has escaped from Fr. G. and for whosi " V,J to extradition requisition has been made, and that such criminal ought to be surrendered under any ord. in council applying the Extradition Acts, the Gov* may, on the application of any person recognised as the consular agent of France in 1>. <;., alter the expiration of the period required by the Extradition Acts, authorize and direct the [nspr. I ren., or any Inspr. of 1 'olice, to convey such fugitive criminal and cause him to be placed on hoard any vessel proceeding to Fr. < r. Any extract, purporting to be an extract from any register s6 Evidence, of convicted criminals in Fr. G., giving a description of the criminal and stating the particulars of conviction, the crime of which the criminal was convicted, the sentence passed on tho convicted criminal, and the date thereof , or stating any of such particulars, if authenticated by a seal purporting to be the seal of the Gov. of Fr. G., ma}- bo received in any proceedings relating to tho extradition of any person alleged to be a fugitive criminal who has escaped 1'rom Fr. G. as prima facie evidence of all the facts therein set forth. Any certificate stating that any convicted criminal therein s 7 Do. described has escaped from Fr. G., and that tho sentence passed on such criminal is still in force and has not expired, if authenticated by a seal purporting to be tho seal of the Gov. of Fr. G., maybe received in any proceedings relating to tin- extradition of any person alleged to be a fugitive criminal who has escaped from Fr. G. as prima farie evidence of the facts therein set forth. This ord. shall apply whether the person proceeded against s8 Retroepec- arrived in the colony before or after its passing. tlV1 ' - Ord. to take effect when sanctioned by II. M. by order in s9. council, and on and after such order lias been published in the*). G. By Order in Council dated 24th Sep. '86, and published in the colony 30th Oct.'86, the ord. for the extradition of fugitive criminals from Fr. G. was adopted for the colony without modification or alteration as if it were part of the Extradition Act, 1870. xviii Torrop v. Jardine (23 Dec. '£ Rule under 8. 5 of 31, '50 calling upon a T\ I ; i u" . i " show cause 'why he should net issue a summons. The Courl held in effect) thai the Mag. ought to have i^>u< il a Bummons ami In aril i lie casi — as lie hail jurisdic- tion to receive the information. The reasons giv« n were * xtraneous and did not wai rant the refusal of the summons. SuMMAltY PkOCEDURE. Ord. 17,'80. s 1 Title. S 2 Definitions generally. " St. J. P." " Magistrate." S 4 Summary Jurisdiction Orda. s 5 " Summary Jurisdiction Ords." ■ Felonious/ Summary Procedure. "The Summary Jurisdiction Ord. 1880." In this ord. and in any ord. passed before or after this ord. conies into operation (if not inconsistent with the context), "St. Mag." and "Mag."=any St. or Sp. J. P., and the Police Mag. of Gr. and assistant Police Mag. of G. As to general interpretations in criminal ords., see ord. 27, '46, s. 95 (Supreme Cr. Ct.). In this ord. and in any ord. passed after this ord. comes into operation (if not inconsistent with the context), the following expressions shall have the meanings hereinafter respectively assigned to them (that is to say) : — The expression "The Sum. Jurisd. Ord. '56" shall mean ord. 19, '56, entitled &c. The expression " The Sum. Jurisd. Ords." shall mean ord. 19, '56, and any ord. (including this ord.) passed or to be passed amending ord. 19, '56. Where in any ord. passed before this ord. comes into operation reference is made to the Sum. Jurisd. Ords., the expression " Sum. Jurisd. Ords." shall be deemed to mean the Sum. Jurisd. Ords. as defined in this ord. ; and where in any such ord. an offence is made punishable on summary convic- tion, the procedure with respect to any such offence committed after this ord. comes into operation shall be the procedure authorized by the Sum. Jurisd. Ords. as defined by this ord. Ss. 28—31 refer to civil matters ; s. 32 refers to the Review Court sittings ; s. 33, ord. not retrospective. Angoo and Doorjan v. Miller (1 Dec. '83). There is a fatal objection, in that the charge does not set forth that there was a "felonious" taking of the sheep. (Chalmers, C. J.) 4 Jurisdiction. Jurisdiction. — Ousted by questions of title (trespass), James y. Adams (24 Nov. '83) : should not be set aside without proper investigation as to title claimed to test its validity, Simon v. Goveia (8 March'84) : want of, and excess of, /. A. O. (Sookha) v. Hunter (21 April' 77): Ramesmr v.'liiissell (29 April'82) : confined to offences within each Mag. 's district, Glasqoio v. Be Freitas (30 April' 8 1) : of St. or Sp. Mags., Da Silvav. Layton (26 May'83) : offence not committed within district, conviction set aside, Kollichurn v. King (30 Oct. '80). Horton v. Abrahams and M. (23 Sept.'82). "One matter of Charge of unlawfully trespassing— ord. 10, '73 (Villages), repealed,— complaint unlawfully killing a sow, value, &c, and feloniously and unlawfully y- stealing the carcase of the same. Lntokmation.s and Complaints. 7 Ord. 19, '56, s. H— Charge 1>a«l fur duplicity the Mag. Instead of amending, dealt with the two latter parts oi the charge and dismissed it. (Chalmers, C. J.) Henry v. Solomon (24 Feh.'83). Tax Ord. '80, s. 3.— Keeping two dogs without license. The keeping Bach dog kept iif each dog without a license was a complete offence in itself. The com- v - jilaint embracing the two offences was therefore illegal, and the conviction J^T^ee - following on it was also illegal. (Chalmers, C. J.) Serapaul v. Cruickshank (18 April'82). On a oharge of selling rum without a license, the charge was altered Altai tfionof by the addition of some words after the "Jiat" Lad been placed then on, .'''.V"',' 1 "'^ and after the .service of the .summons, and before the calling in Ct. — "a "flat "la serious irregularity " — conviction quashed with costs. ■ < 'halmers, C. J.) illegal. Complaint. — Any defect or omission in stating in a complaint or con- xho compliant viction what might be omitted altogether, 'Iocs nol vitiate that which is correctly stated, Martin v. Burrowes (12 IV1>.*ni ; where ord. cited, not authorizing conviction, Samplt v. Butts (infra) : words of the written law and forms contained in it to bo followed, /. ./. G. v. Bascom (7 S( pt.'78) : wilful abstension from obeying an enactm< nt is a breach of the law, though no ulterior illegal act is contemplated, McGowan v. Davis (5 June, '86): complaint must be within the spirit of an enactment, Mendesy. /.">/toit (27 -Ian. '83): must show jurisdiction, Abendanon v. Sproston (31 March'83): Jeenauth v. Brand (25 March'82) : absence of lawful excuse must Lo ■ alleged and proved, where part of description of offence, Dawson v. Gopaul (29 Sept.'83) : /. A. G. v. Robinson (3 June'87; : territorial jurisdiction to be shown, Powers v. Ruck (is Sept.'85) : the essence of the offence musi be proved, Burrowes v. Peters (13 Aug. '86) : description of locus in quo (Sunday trading, kc.) indispensable, Oarreiro v. Wright (28 Aug.'85) : ownership of goods sold on Sunday no offence, Garreiro v. JSiiiiis (22 May'So) : mere possession of light weights sufficient, without allegation of ownership of shop, Dinezy. Swain (15 April'82) : evidence of a measure having been used consisting only of its being found wet with rum, was pronounced "weak," Gonsalvesv.Layton (17 April' 85) : offence must be clearly stated — and cognizable, Zewis v. Gross (25 Aug. '83): lot standi of prosecutor must be justified, lb.: unlawfully trespassing is not a description of the illegal offence of " wilf id trespass," Sunn-! v. Austin (28 April'83) : a charge of wilful trespass on B. JcK docs not constitute a double offence, (i/usi/uu- v. Kr>/< nhnff (17 April'80) : such objections to be raised before the Mag., lb. : an information can be laid under s. 161 of 7, '73 (Immigration), by the manager — the matter can be substantiated on oath by another person on his behalf, /. A. G. v. Christu I l April'77): as to difference of date as stated in the charge and warrant, lb. : as to what prosecutor must prove under the Sunday trading ord., Dos Ramos v. Francis (26 March' 86 : harbouring several ims. is one matter of complaint, Webstery. Birch (9 April'81) : condonation not admissible except in cases of private injury, Bagot v. Gunga (3 April'80) : i harge can- not be withdrawn after issue joined, Smiij/lr v . Butts (23Oot.'80): in order to be guilty of neglect to begin work the im. need not be present at the place where such work is to be begun, Bullock v. Bussunteah (3 Nov. '77) : offence not charged in the words of the ord., Glasgow v. Hardeen (14 May'81); Williams v. Douglas (16 March'81) ; /. .'/. G. {Ghasitay) v. Dawson (7 Sept. '78) : mala in se and mala prohibita distinguished, Jones \ . D'Aguiar (2 July' 81) ; marginal note taken instead of the body of the s. is wrong, Sirdar v. Langevine (i June'81). " Limitation of time." " No offence." Such objections to be alleged in the lower Ct. Limitation clause — con- tinuing- offence. 8 SUAIMAKY PKOCEDURE. 6 Carreh'O v. Anderson (15 Apr.' 82). (Case of Sunday trading — objection — more than G months between the offence and laying of complaint: and no offence under the ord., as the date alleged was not a Sunday.) I do not gather that either of these objections were stated before the Mag. They ought to have been so stated, and as appellant was represented by counsel, he has not that excuse of ignorance that in some cases disposes the Ct. to a right of omission, when the substantial right seems to be on the side of the party in default. No Ct. of Appeal ought to sanction that a party with open eyes shall reserve his objections before the Ct. of first instance, take his chance of succeeding on the merits, and then, if disappointed in the decision, bring the matter to appeal. (Chalmers, C. J.) Admor.-Gen. v. France (30 June'83). Case under ord. 8, ' 65, s. 44, repealed. The limitation clause in the Sum. Jur. ord. does not apply. The Mag. has not observed that an offence of omission is different from one of commission. He has viewed the non- depositing of the will as if it were an offence done and completed on the 14th day after the death of the testatrix : in reality the offence com- menced on that day, and has been continued ever since up to the present time. (Chalmers, C. J.) Omission of dates a matter for amendment. Mag.'s Record Book. Oral " informa- tion." "Who may " inform." Adrnor.-Gen. v. Marshall (22 Sept.'83). Case under ord. 8, '65, s. 44, repealed. The sole point raised is whether the Mag. was right in dismissing the charge, because such charge did not state the date of the offence, and the date of the death of the deceased. I think the Mag. should not have dismissed the charge on that ground, as in my opinion there is no necessity for the charge to contain any such allegation — if it was necessary, the Mag. should have amended the charge. (Goldney, J.) Appearance bars objection to irregularities not raised at the hearing, Todd v. Chester (2 April' 81). Re Wright (9 Oct.'So). Application for an order on a Mag. to entertain, hear, and determine an information. The duty of keeping a record book is very clearly imposed on St. J. P. by s. 19 of 19, '56. The book is to contain entries concerning all informa- tions and complaints brought before the Mag., and, inter alia, whenever he refuses to entertain a complaint, be is to enter the refusal with the grounds thereof in the book; and under s. 11 (above) it is evidently contemplated that the information contained in this record should be sufficiently full and explicit to afford materials for the determination of any question raised in review with regard to the sufficiency or otherwise of the grounds of such refusal. The informant is in no necessity of tendering a written information at all, but may apply orally (s. 6 of 19, '56): oral application does not relieve the Mag. of making entries. There is no rule that the informant must be the individual upon whom the offence was committed : any person may inform and prosecute in a public matter, except where there is a limitation by statute to particular persons : — a fortiori, an Inspr. of P., as he has a duty to uphold, the disci- pline and effectiveness of the force, has an interest and locus standi in INFORMATIONS AMU CoMl'LAINIs. 9 prosecuting an offence tending to impede the port' ormance of its lawful functions. I am clear that the Mag. is noi invested with discretionary authority "Mayfarae" to issue or refuse a Bummons. It is also clear that the Mag. i> nol a » > ■» i ■ * i ■ 1 1 1 n «.- . mere machine in issuing the summons upon the suggestion of an off* uoe. Ho has u judicial function to exercise in determining whether the elements necessary to tumid his jurisdiction arc shown by the information, or may be clearly inferred from it. These el< ments may nol be precisely alike in all cases. 1 consider that the words "'may issue" are used to give a power to the Mag., not a discretion, the exercise of such power depending nol upon discretion, but upon the presence in the particular case of the circumstances ou1 of which such power arises. (The judgment further enters into the question whether a Mag. is Preliminary competenl to hold a preliminary investigation into the truth of the suh- mvesngation. ject-matter of the information - semble, not.) (Chalmers, C. J.) Wright v. Da Silva (22 Jan. '86). This was an application under s. 11 of ord. ■">, '68, for an order on the Ass. 1'. Mag. uf ( I . tu entertain, hear and deti rmine, a complaint laid by E. F. Wright, [nspr. of Police, against Da Silva ,1;. II.) for a breach of the Sunday Trading Ord. The material facts, as shown by the affidavits, are, that a Bummons was issued for the above offence — a similar case was meanwhile dismissed by the Mag. in question because the man rial word " Sunday " was emitted. The complainant in this case then wished to withdraw his Bummons, which the Mag. would not allow. The complainant not appearing, the case was dismissed, and the defendant obtained a certificate of dismissal. Then a second summons was issued, and the certificate of dismissal, on production, was pleaded and allowed by the Mag. in bar. < hi the general principles of the criminal law the acquittal on this tir.-t ^ v summons was no l>ar to a subsequent prosecution for the same matter; °" djsmieaal not for on the hypothesis on which the Mag. acted no valid com iction could have passed on it. -By s. 20 of 1 ( J, '56, taken alone, the defendant might demur to a summons which was defective in not legally stating an offence and obtain a certificate of dismissal. But the B. musl be lead along with s. 3 of 5, '68, and the latter shows that instead of the summons being dismissed on the objection, as was done, the word ••Sunday,"' which was necessary for the due statement of the offence, ought to have been inserted by way of amendment, an adjournment of the hearing being granted if the Mag. considered the amendment such that the deft, was thereby deceived or misled. Da Silva v. Greaves, which the .Mag. cited as a pre- cedent for the dismissal, took place in '64, four years be tore the enactment providing for amendment. 1 must, therefore, hold thai the dismissal of the second summons was an error. Tin- charge would have tx en b< ard and determined on the tir.-t summons had it not be< o thai the prosecutor, the deft. 'a own advi-i c and the Mag. all failed to take the course which the law directs. (Chalmers, C. J.) Kollicherrun v. King It May'81); Glasgow v. 2 L7April'80 ; l on condition that the respt. paid the costs of appearance of oounsi 1 en two , occasions, Abraham and others v. Hodgkinson (10 Marcl Ord. IT, 80. The following enactments shall apply to offences triable by s2o Summary ell. II. . - St. Mags, that is (o say) : — (1.) The description of any offence in the words of the ord. inscription of creating the ol'l'onci', nr in similar words, shall be sufficient in law. 10 Summary Procedure. Ord. 17, '80. F.xrrptions, &c. provable by deft., need not bo pleaded, if pleaded, need not be proved. Commitment, defects In. s22 Death,&c. of Mag. issuing warrant, &c. s 20 Forfeitures in summary offences, or enforceable by Mag. How sold. Proceeds. (2.) Any exception, exemption, proviso, excuse, or qualifi- cation (whether it does or does not accompany in the same s. the description of the offence in the ord. creating the offence), may be proved by the deft. — But need not be specified or negatived in the information or complaint : And, if so specified or negatived, no proof, in relation to the matter so specified or negatived, shall be required on the part of the informant or complt. (3.) A warrant of commitment shall not be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and there is a good and valid conviction to sustain the same. A warrant or summons issued by a Mag., or a J. P., under the Sum. Jur. Ords. (s. 4), shall not be avoided by reason of the Mag. or J. P. who signed the same dying or ceasing to hold office. (4) All forfeitures (not pecuniary) which are incurred in respect of an offence triable by a St. Mag. : — Or which may be enforced by a St. Mag. : — May be sold or disposed of in such manner as the Mag. having cognizance of the case (or any other St. Mag. acting in the same judicial district) may direct : And, where not otherwise provided, the proceeds of such sale shall be applied in the like manner as fines. s 21 Proof of service, &c. by ailidavit. Proof of con- tents. Made evidence. Fee for same to be included in costs. 8 Service — reasonableness of interval between, and hearing, Gomes v. Burrowes (3 April'SS) : Glasgow v. Kryenhoff '(17 April' 80). In any proceeding within the jurisdiction of a St, Mag., service on a person of any summons, notice, process, or docu- ment, required or authorized to be served, may be proved by affidavit purporting to be sworn before a J. P., or before a Comr. to administer oaths to affidavits. Any such affidavit shall, until the contrary be shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any Court or legal proceeding, without proof of the signature, or of the official character, of the person or persons taking or signing the same. The fee for such affidavit shall be such sum, not exceeding 2s., as may be directed by rules made in pursuance of this ord. (s. 18): And any such fee shall be costs in the matter or proceeding to which it relates. PB00E88. 11 Ord. 7,'85. In every proceeding in which any J. P. has summary iuris- diction, and in every preliminary examination before any J. P. in an indictable matter : — where it is necessary to prove : ' ! ' the service of any summons upon any person in any ease whatsoever : — It shall be deemed to be sufficient proof of such service, if the person by whom such .summons has been Served is duly sworn (by and before any St. J., or Sp., or ordinary J. P., or any Oomr. authorized to administer oaths to affidavits' : — to an affidavit in the form in sched., filled up in accordance with the note thereto. The onus of showing that any service referred to in any such omu probandi affidavit was not duly made shall be on the party objecting. on deft. Every such affidavit shall bo numbered by the Mag.'s Affts. to be nod. clerk consecutively in the order in which it is received, and andffled i shall be filed as of record in the Court in which it is entitled. In every ease in which any such affidavit is used, it shall andmaybe be sufficient to note on the proceedings the number of such !! I ' 1 ''j , ," 1 n ' 5 ' n0 ' ailidavit, and the Court in which it is tiled. 9 Ord. 19, '56, s. 9, commented on, Gomes v. Burrowes (3 April' See also s. 22 of 17, '80, p. 10. 13 Production of documents on criminal charges, T)c Freitas v. Elliott (14 May'81) : tender and rejection as well as admission of documents should be recorded, Hinds v. Fnnil; _ I)cc.'K2): secondary evidence admissible where primary refused, Glasgow v. Kryenhoffiyi Apiil'80). Hi Martin v. Francis (27 Mareh'88), production of licenses. After the close of the case in prosecution, and on its being found materially defective, a Mag. cannot then admit the evidence of an addi- tional witness to remedy the deficiency, Lopesv. King 27 Nov.'85). Illegal evidence, Dow v. Chalmers L6 Dec. '82): improper memorandum or certificate appended to record for revii w, Gomes v. Bun owes 3 April' 88 : illegal evidence when eliminated must Leave behind sufficient legal evi- dence to sustain conviction, Hinds v. Lovcll (4 June' 81 : where sustainable Obj objectii ns were overruled by the Mag., Doobey v. 10 Jan. '88 . Insufficient legal evidence, /. A. <:. v. Dawson 7 Sept.'78 : Ct. would not interfere, Bowen v. Chapman 2 1 Aug '78 : C ■ v. Fraser (-1 June' 82) : as to being licensed retail sphii dealer, Dt Freitas v. Elliott (14 May'81): as to license [ib): Sproston v. Cross 21 May'86 . Case remitted for evidence to !>e taken, King v. Lashley (15 Oct. '77). Defendant's voluntary statements how to 1"- received, D / Elliot {\ 1 May'81). Refusal of Mag. to allow cross-examination, GooloomaUi/ v. Anderson (29 April'82). Greene \. Francis (30 April' 86) : Be Freitas v. Seigert (2 July'86 : W< Wong-a-wing v. Dornford (29 Dec'83) : Glasgow v. Kryi nhoff(l 7 April' 80 . <" ■ 12 Summary Procedure. a question for Facts peculiarly within the knowledge of the party asserting must be the Mag. proved by them, Wimsam (8 May'80). Informal certificate is no defence (Im. Ords.), Monkhouse v. Sing (11 March' 82). Circumstantial evidence — Sunday trading, Carreiro v. Anderson (15 April' 82). Ord. 12, '77, s. 13. Immigrants. 14 Ord. 7, '45, s. 1, is repealed by ord. 12, '77, and replaced by s. 13 of 12, '77. "Aborigines or native Indians, Africans, East Indian and Chinese immigrants, ignorant of the nature and obligations of an oatb, may be admitted to give evidence without oath in the Supr. and Infr. Crim. Cts., as to matters of fact within their direct personal knowledge : provided always, that the admissi- bility of such evidence shall be subject to such deduction from its weight as the Ct. may deem proper to attach to the fact of such testimony, by reason of its being unsworn, and the Ct. or presiding judge shall determine whether the witness is of com- petent understanding to give testimony." 15 As to execution of powers of attorney, deeds, documents, &c, see Evidence (documentary), ord. 5, '84. 16 19, Ord. 17,'80. S 19 Parties arrested without ■warrants to be 1 alien before S. J. P. : or Police In- spector, &c. And where offence not serious hound over to appear before S. J. P. Ord. 19, '56, s. 10. Here should follow ord. 17, '80, s. and 4, '85, ss. 33, 34. A person taken into custody for an offence without a war- rant shall be brought before a St. Mag. as soon as practicable after he is so taken into custody : — And if it is not, or will not be practicable to bring him before a St. Mag. within 24 hours after he is taken into custody : — An inspr. of police, or officer of police in charge of the police station or lock-up, at which such person is detained, shall inquire into the case : — And (except where the offence appears to such inspr. or officer to be of a serious nature) shall, subject to any rules made in pursuance of this ord. (s. 18) discharge the prisoner, upon his entering into a recognizance, with or without sure- ties, for a reasonable amount (as may be prescribed by any rule made in pursuance of this ord.) to appear before the St. Mag. at the day, time, and place named in the recog- nizance. The Hearing. 13 Ord. 4,'85. "Where proceedings arc taken against any person for having ~ — ~. received goods, knowing them to be stolen, or for having in s ~',,i,i 1 '',,|,?-" 1 " his possession stolen property: — evidence may be given at any ]"">•■■ stage of the proceedings that there was found in the poe i«to of such person other property stolen within the preceding "/;'' It ',.' 1,; " period of VI months, and such evidence may be taken into found in consideration for the purpose of proving that such person ',' ,, knew the property to be stolen, which forms the subject of the proceedings so taken against him. Where proceedings are taken against any person for having t;. i . iving received goods, knowing them to be stolen, or for having in [j^Tty^c" " his possession stolen property: — and evidence has been given that the stolen property has been found in his possession, then : — If such person has within five years immediately preceding Whai previous been convicted of any offence involving fraud or dishonesty, [j.'.'p,','^".;"* " K ' y evidence of such previous conviction may be given at any stage of the proceedings, and may he taken into consideration for the purpose of proving thai the person accused knew the to show, property proved to he in his possession to have been stolen : — ''"'• Provided, that not less than seven days' notice in writing ,,nT shall be given to the person accused that proof is intended to be given of such previous conviction : — And it shall not be necessary for the purposes of this section without cb to charge in the indictment such previous conviction. °* Where a person is charged with having committed an s34 ) Am, ' n ' 1 ~, offence against s. 2 of ord. 21, '50 (petty offences — vagrants), law in certain in proving the intent to commit any robbery, theft, or unlaw- c;t " ~ ful act, it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if from the circumstances of the case, and from his known character, as proved to the St. Mag. before whom he is brought, it appears to such St. Mag. that his intent was to commit a robbery, theft, or unlawful act. Glasgow and Coates v. Brandon (17 April'85). Case of breach of the peace. It was for the Mag. to determine from Trial of defts. the words and the circes. under which they were used whether the whole jointly or elements of the offence existed. severally. It was for the Mag., after ascertaining the nature of the case, to use Lis discretion in determining whether to try the defts. jointly or severally. The whole was one matter. It might be very convenienl tor the defts. in such a case to hear the of each other, imt it could nol be held thai they were irregularly or illegally dealt with when this was nut permitted. I ( 'halmers, ( '. J.) Variation of ord. 19, '56, s. 17, from the English Act pointed out, Gomes v. Burrowes ('■> April' 83). See Be Wright t p. 8. 14 Summary Procedure. " Dismissal" ■without reasons. Reasons need not be recorded on dismissal. 17 The effect of reversal on review of an order of dismissal by the Mag. is to restore the case into a position for adjudication afresh by the Mag., Glasgoxv v. Krycnhoff (17 April'SO). See Wright v. Da Silva, p. 9. 18 Day v. Teixeira (24 Sept.'S6). When a prosecution is ' ' dismissed ' ' without any statement of reasons, the adjudication is for purposes of review in a totally different position than where there has been a " conviction," although in equally general terms a conviction always assumes that certain facts are proved, and that such facts constitute the offence of which the deft, is accused. Here are, then, necessarily involved at least two questions of law on which the Review Ct. can adjudicate— whether there was evidence of such facts, and whether the facts constituted the offence. When on the contrary the Mag. merely " dismisses," it may be that he does so because he disbelieves the evidence, and this would involve no legal question at all. The Review Ct. cannot determine or discuss hypothetically what the Mag.'s adjudication ought to have been if he had believed the evidence, or believed part of it and disbelieved some other part, nor does it make any difference although the tenor of the evidence may be apparently all iu the same direction. Appeal refused. (Chalmers, C. J.) Swain v. Pimento (17 Feb. '83). Offence, not having a store licence under s. 3 of 8, '80. Appellant moved for an interlocutory order on the Mag. requiring him to send up to the Ct. a statement in writing of the grounds of his decision— a dis- missal. It appears to me that the term " dismiss " in this clause does not denote a judgment of acquittal on the merits. I am of opinion that the enactment founded on has not required the Mag. to record the reasons of judgment in this case, and there appearing to be no other principle upon which the doing so would be imposed upon him as a duty, I consider it would be ultra vires of this Ct. to make the order moved for. (Chalmers, C. J.) Prosecutor must not rely on deft.'s evidence to meet his own deficiencies. Onus. Cross charges must be pro- perly heard out, like dis- tinct charges. 19 Goollamally v. Dornford (22 May'85). Opium ord. 26, '80, s. 7 — a case resting on facts. To allow a prosecu- tor's defective evidence to be eked out by what deft, may say in defence is contrary to the practice of the criminal law, and would tend needlessly to encourage looseness and uncertainty in prosecutions. Dawson v. Gopaul (29 Sept.'83). The onus of proving the whole ingredients of an offence, where it is not shifted by statute, lies on the prosecution. (Chalmers, C. J.) Binns v. Hollingworth (7 April' 8 3). The appt. (an Inspector of Police) laid an information, charging the respt. with having unlawfully assaulted him whilst in the due execution of his duty. Respt. laid an information of same date charging appt. with having unlawfully assaulted and beaten him. The information at the instance of appt. against respt. was heard on the 16th Feb.' 83, when respt. pleaded not guilty. Witnesses were called by the appt. and examined' by him and cross-examined by the respt. through his counsel ; witnesses were also called and gave evidence for defence of the respt. and The Hearing. 15 wero cross-examined by the appt. At the close of the hearing <>f the infonnation against the reept. the Mag., without putting the appt. on his trial on the information against him, and apparently on such view of the facta as he had gathered on I he hi aring of the firsl information, im- posed tines on botli the parties, and in default of payment imp. with b. 1. The reasons on which the appt. seeks review are stated in t-i.trlit, raising that the proceedings were incuinpeteiit, a mis-trial, and that the con- viction was therefore illegal. When there are cross charges arising out of the same set of circum- stances a Mag. may hear the i vidence upon both charges before coming to a decision upon either ; and often this will lie the course I.eM adapted for doing justice, but each charge must be fully heard in the manner prescribed by law. Amongst other things, the charge must be read or its Bubstance stated to the deft., and he must have opportunity to plead to it, and be heard in whatever defeDce he may desire to make, and be allowed to call and examine such witnesses as he adduces in support of bis defence. It will not do to suppose that the hearing of the first charge, with the cxamn. and cross-examn. of the witnesses called therein for the prosn. and defence respectively, exhaust the merits as regards both charges. In one particular, it is clearly not so ; the deft, in the second charge is entitled equally as the deft, in the first charge to examine his complt. as a witness, if he chooses to do so, and he cannot exercise this right when there is only one hearing. It is immaterial, however, whether the merits have been in point of fact or can be exhausted on one hearing, or whether the hearing of the second charge brings further elucidation : no one maybe convicted and sentenced, except after the procedure which the law prescribes. It is clear that in the case under review, this pro- cedure was not fully followed. Conviction quashed, without costs. (Chalmers, C. J.) Plea "GuUty" with qualifications, I. A. G. (Ghasitay) v. Dawson (7 Sept.'78). Adj udication erroneous in law, King v. Cash (21 Sept. ' 78) : deft, not present at, Gomes v. Burrowes (o April' 8 8). Lopes v. King (16 April'86). Reasons 4 (c) and (d) raise that the adjudication was illegal, because Absence of no complt. was present to prosecute when the Mag. math' his adjudica- {^''^Ti'/mih'aUon tion on the 25 Feb. I do not consider that the proceedings were thereby does not vitiate vitiated. There was then no new material to be placed 1" Eore the Mag. ; the proceedings. he was already in possession of all the evidence, and arguments, and reasons on which his adjudication was to proceed. Conviction affirmed. Appt. to pay costs of this and previous appeals. (Chalmers, C. J.) Antonio v. King (21 March'82). Ord. 4, '77, s. 3 — Selling a pint of rum. The main point alleged by Whenflneia the reasons was that the order of imprisonment was made at the same "nm« , t 1 1 1 | ', , ' ( ^ nvj( ,. time, and in the same conviction as the penalty was imposed, and without Sonm ,",i n0 ( be waiting for a formal return of there being no goods to distrain. The formally drawn penalty was paid in the Ct. immediately upon the conviction, and no pro- U P- oeS s issued to enforce payment. In such eases it does not a]. pear n< ceasary that any formal conviction should have bi en draw n up, and the applicant obviated the necessity of formal steps being taken fco enforce payment by distress or otheru ise, by paying the fine on the sp >t . 1 cannot see, there- fore, that applicant ha- a reasonable groundfor objecting to the Mag. nol having taken the course which by his own act he rendered unnecessary. (H. King, J.) 16 Ord. 17, '80. s 15 Where fear of bodily injury. Deft, to give security. Mode of proce- dure in such Disobedience to order. Jail delivery. Ord. 4,'85. S 17 How chil- dren of female convict to be dealt with. Summauy Procedure. 20 Ord. 17,'80. S 16 Review by Mag-, of order for security, on application. Every St. Mag. : — Upon complaint by or on behalf of any person, that there is reason to fear that some other person will do such first- mentioned person some bodily injury : — May (if such complaint be established) adjudge the person against whom the complaint is made to enter into a recog- nizance, and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person. Such power shall be exercised by an order upon complaint, and the Sum. Jur. Ords. (s. 5) shall apply accordingly, and the complt. and deft, and witnesses may be called and exa- mined and cross-exd., and the complt. and deft, shall be subject to costs, as in any other complaint. The St. Mag. may order the deft, in default of compliance with the order to impr. not excdg. 6 months. [As to review of matter during term of impr. by Mag., see s. 16.] Every person imprisoned under any such orders shall be brought before the Supreme Ct. (Crim.) at every session held in the county in which such person is imprisoned, whenever the county prisons are delivered. Where any woman is convicted of a crime or an indictable offence, and a previous conviction of a crime or an indictable offence is proved against her : — Any children of such woman, under the age of 14 years, and under her care and control at the time of her conviction, for the last of such crimes or offences — who have no visible means of subsistence, or are without proper guardianship : — shall be deemed to be children to whom the provisions of ord. 12, '68 (Reformatories) apply; and the Ct. by whom such woman is convicted, or a St. Mag., shall have the same power of ordering such children to be sent to an Industrial School, as is vested in a Mag. by s. 16 of ord. 12, '68, in respect of the children in the said s. described. "Where a person has been committed to prison by a St. Mag. for default in finding sureties :— Any St. Mag. (acting in the judicial district in which the deft, was so required to find sureties) may (on application made to him in manner directed by any rule (s. 18) made in pursuance of this ord., by such person, or by some person acting on his behalf), inquire into the case of such person : — And if, upon new evidence produced to such Mag., or proof of a change of circumstances, the Mag. thinks, having regard to all the circumstances of the case, that it is just so to do : — He may reduce the amount for which it is proposed the Enforcing Judqmen i . 17 sureties or surety slioukl be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may thiuk just. Ord.17,'80. 23 Ord. 8, '83. No offender after this ord. comes into operation shall bo ssi,2 No flogged or whipped in public. pnWio floggfag', Where by any law or ord. the Supr. Grim. Ct., or any Inl'r. Crim. Ct., or any St. or Sp. J. P. is empowered to order any offender to bo flogged or whipped at any place, or to be publicly flogged or whipped, such enactment, after this ord. (•'lines into operation, shall be deemed to empower any BUch Court or such J. P. to order such offender to be flogged or whipped privately, and not in public. 24 Tho clerk of every St. Mag. shall keep a register of the minutes or memorandums of all the convictions and orders of such Mag., and of such other proceedings as are directed by a rule under this ord. to be registered, and shall keep the same, with such particulars and in such form as may be from time to time directed by a rule under this ord. (s. 18). Such register, and also any extract from such register cer- tified by the clerk having the custody of the register to bo a true extract, shall beprimdfacie evidence of the matter therein entered. Every person on applying therefor (and on the payment of tho fees payable under ord. 11, '65), is hereby declared to be entitled to obtain from the St. Mag. having the custody or control of the original record of any proceedings taken or had before a St. Mag., which are subject to be brought in review, a certified copy of the whole of such record, including a copy of all notes of the evidence taken in such proceedings, as Boon as such copy can conveniently bo made, and within 5 days next alter the day on which the application is made. Every application for any such copy may be made by the person wishing the same, or may be made on behalf of any person by any attorney-at-law, solicitor, advocate, or barrister- at-hiw. Where the application for any such copy is made, by or upon behalf of any person who is a party to any such proceed- ing, before the term has expired within which an application for a review of the proceedings may 'he made, the Courl of Review, if satisfied that justice requires thai the proceedings should bo reviewed, and that there has been no undue d( lay. r. c Ord. 17/80. s 23 Register of convictions and orders, how kept, and evidenced. s 24 Copy of record, tow obtained, within whal time, and by whom. Extern time for pnr- ; review on motion, 18 Summary Procedure. Ord. 17,'80. ex parte, or otherwise ; unconditionally, or otherwise, not exceeding 21 days. S 25 Applica- tion to St. Mag-. for review, &c., by registered letter, proved by official receipt. s 26 Review by Atty.-Gen., by motion ex parte, within 3 months, on notice to parties of review. No cause of action to arise from result of review. Ord. 12,'77. s 16 Remission of penalty. Discharge of person imprd. in default of payment. Conviction. may, on a motion, extend the time -within which the applica- tion for review may be made ; and may so extend the time either on a motion ex parte, or after requiring notice to be given to all parties concerned, and may so extend such time, either unconditionally, or upon such terms as to the Court may seem meet. The term, within which the application for re- view may be made, shall not be extended under this sect, for longer than 21 days from the last day on which the applica- tion for review might have been made under ord. 5, '68. Every application for a review of any proceedings taken or had by or before a St. Mag. under the Sum. Jur. Ords. (s. 4), and every application to a St. Mag., may be transmitted in a registered letter by the post in the ordinary way properly addressed, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of post. Every receipt purporting to be given by any of the officers of the Post Office for any registered letter shall be deemed prima facie evidence of the posting of the letter addressed as described in such receipt on the day stated therein. Where it appears to the Atty.-Gen. that justice requires that any proceedings before a St. Mag. (which are subject to review) should be brought in review, he shall be entitled, on making a motion ex parte in the Ct. of Peview at any time within 3 months from the day on which such proceedings terminated, to have such proceedings brought in review before the Ct. of Peview : Provided always that (a) the proceedings shall not be reviewed until due notice has been given to the pai'ties to the proceedings : (b) if in any proceedings under this sec. any conviction or order is reversed, altered, or set aside, no action shall be brought against any person in con- sequence thereof, unless with the express permission of the Ct. making final order in the proceedings in review. It shall be lawful for H. M. or the Gov. to remit the [sic. ? in] whole or in part any sum of money which, under any Act or ord. now or hereafter to be passed, may be im- posed as a penalty or forfeiture on a convicted person, although such money may be in whole or in part payable to some party other than the Cr. or this Colony, and to extend the royal mercy to any person who may be imprd. for not paying any sum of money so imposed, although the same may be in whole or in part payable to some party other than the Cr. or this Colony. No time fixed for a sentence of whipping, avoids, Herbert v. Abraham (7 May' 86) : Mag. is functus officii by (ib.) : inflicting two penalties for one offence vitiates, Smith v. Hover (14 Dec. '87) ; Jones v. Valz (13 June' 80) : reasons for, to be entered in Record Book, Greene v. Francis Enforcing Judgment. 19 (30 April'86): when bad for uncertainty, reparable by remission to Blag, to be re-drawn, De Freitai 7. Seigert 2 July'8G : where formal conviction not applied for, Mag.'s minute is Bufficii at, C 17 April' 80) : the Ot., in reviewing a conviction, must find a1 a charge of Borne offence in law, and evidence tending to ostein the oharge, Jones v. Tramways Co. (7 Aug.'85 : the Mag. In- no authority to go below the minimum fine, King v. Gomes (7 Oct.'82 : quasi want of proof of identity of deft., WAbreo v. Fitzgerald [2 Nbv.'77 25 Verbeke v. Fry (22 Sept.'83). Charge — creating a nuisance — ord. 25, 'GO, s. 121. Tin; Mag., under the provisions of the Small Penalties Ord. '68, had Small P« jurisdiction to impose a riue, with the alternative punishment of impr. ° rd - — (Goldney, J.) Bo wen v. Chapman (24 Aug. '78). Charge : smoking in Stabroek Market. tons : evidence insufficieut — excess of jurisdiction m fining appl. $3, Proportions— or 7 days impr. with h. 1. flues and impr. The Ct. declined to interfere on the question of evidence. On the reason it was argued that the Small Penalties Ord. 3, '68, having limited the terms of impr. for any penalty not exedg. (2 to 7 days, and for any penalty exedg. j$2, but not exedg. $5, to 1 1 days, and the Mag. having imposed a fine of $3, or, in the alternative, 7 days impr., had exceeded his jurisdiction, inasmuch as the alternative impr. should have been more than 7 days, in case of a fine for more than $2. The intention nf the legislature was to limit the maximum terms of impr. as the alternative for certain amts. of tines; but there is no limit fixed for a mum term of impr., and the Mag. was within his jurisdiction in adjudging a period of 7 days impr. in default of the failure of the pay- ment of a fine of $2. Affirmed, II. Xing, A. 0. J. 29 Ord. 17,'80. "Whoro any goods or chattels have been levied on, or taken s 87 Om by any process issued by a St. Mag-., and any of such goods levied. *° or chattels are claimed by any person other than tho person against whom such process was issued : — It shall be lawful for such person to state his claim in in writing. writing, and lay tho same before the St. Mag., acting in 1 [judicial] district in which such goods or chattels are to be sold : and, therefore, such Mag. shall proceed to inquire into and investigate such claim, and shall direct that the sale of the goods or chattels so claimed shall be stayed until ho has adjudicated on such claim. Where any such claim is made, the following enactm shall apply that is to say) : — (1) The Mag. shall deal with the claim as if tho same v. a complaint of petty debt, and Hie person claiming were fch c2 20 Summary Procedure. Ord. 17, '80. complt., and the person or persons at whose instance the process was issued, and the person or persons against whom such process was issued were the defts., and the Mag. shall have full power to adjudicate on the same. (2) If after hearing the parties when present : — Or, if any of them are absent, on proof of the due service of the summons on the person or persons absent : — The Mag. is satisfied that the goods or chattels claimed, or any of them, ought to be given up to the person claiming, he shall make order accordingly : — And may further order that the person or persons, at whose instance the process was issued, shall pay the costs of the proceedings to the person claiming : — And such further sum as compensation for the incon- venience suffered by the person claiming, not excdg. $24, as to the Mag. may seem right. The Mag. shall not make order that the person or persons, against whom the process was issued, shall pay any costs, or any sum as such compensation, unless satisfied that such person has by his conduct contributed to the illegal act of the person or persons at whose instance the process was issued. (3) When the person so claiming does not establish his claim to any of the goods or chattels so claimed to the satis- faction of the Mag., the Mag. shall direct the sale to be proceeded with. (4) Any person who is a party to any proceeding under this sec, and who considers himself aggrieved by any order of the Mag., may appeal therefrom to the Inferior Civil Court in the same manner, and subject to the same conditions, as if the said order had been made on a complaint of petty debt. (5) Where the Mag. has directed the sale to be proceeded with, the sale shall be proceeded with, notwithstanding any appeal, and the proceeds of such sale shall abide the result of the appeal: — unless on cplt's. Provided that, where the person so claiming is the appel- appeai, he makes lant, the goods and chattels claimed by him shall not be sold deposit, jj! k e flgpog^g w ith the Mag. the full value of such goods and chattels : — Such value to be settled by the Mag., together with all costs, and such further sum as the Mag. may deem reasonable, to defray the cost which will be entailed by the care and custody of such goods and chattels until the appeal can be determined. The Atty.-Gren. may from time to time make, and when made, rescind, alter, and add to, rules in relation to the follow- ing matters, or any of them (that is to say) : — security, (1) The giving security under this ord. ; forms, (2) The forms to be used under the Sum. Jur. Ords. (s. 4), When delivery order to complt. with costs, and compensa- tion. only where deft, debtor was privy to the illegal distress. Claim failing — sale to proceed. Appeal to Inf. Civ. Ct. Sale not arrested pending appeal, including costs of suit, and custody pendin appeal. s 18 Rules how made, as to — Enforcing Judgment. 21 Ord. 17/80. or any of them, including the forms of any recognizance mentioned in this ord. ; (3) The procedure regulating tin- sale of goods or chattels taken for Bale or levied on under any process issw d by a St. Mag. ; (4) Any other matter in relation to which rules are autho- generally, rized or required to be made under this ord. The Atty.-Gen. may, in the exercise of the power given fo ^ ns < j n , 56 him by this see., annul, alter, make, or add to, any for) contained in ord. 19, '56, or any forms relating to summary proceedings contained in any other ord. No rule purporting to be made in pursuance of this ord. andiiow shall come into operation b< fore it has been approved by tho appro Gov. and the Ct. of Pol., and has been published in the Off! Gaz. The Gov. and Ct. of Pol. may alter or amend any rule ; and uud confirmed, the rule or any form authorized thereunder as finally settled and determined when published in the OIL Gaz. shall he judicially noticed. Punishment of certain Offenders. C rd " 4 ' 8 5, When anv person is convicted on indictment of a crime s 11 Offences by 7 A . . „ . . | J..-L" persons twice and a previous conviction ot a crime is proved againsl aim, convicted, at he shall at any time within 7 years immediately after the g£*£j expiration of the sentence passed on him for the last of such sentence; crimes he guilty of an offence (summary) : — [Lmpr. with or without h. 1. not exceeding 6 months,] under the following circumstances, or any of them : — (1) If on his being charged by a police constable with Sj?j£"j!|| getting his livelihood by dishonest means and being brought before a St. Mag., it appears to such St. Mag. that there are reasonably reasonable grounds for believing that the person so charged &u> i KcUd - is getting his livelihood by dishonest means : [As to arrest by order of Inspt., without warrant, see below (a).] ( ) If on being charged with an offence punishable on wiien eimrped indictment or summary conviction, and on being required by &c . a St. Mag. to give his name and address, he refuses, or gives a false name or a false address : (3) If he is found in anv place, whether public or private, Foundm v - . • /1 --1'Aii- suspicious cir- under such circumstances as to satisfy tne ot. Mag. belore cumstau whom he is brought thai he was about to commit or to aid in the commission of any offence punishable on indictment or summary conviction, or was waiting an opportunity to commit or aid in the commission of any offence punishable on indict. or sum. conviction : [As to arrest without warrant, see (b) below.] 22 SUMMAKY PllOCEDUllE. Ord. 4, '85. Power of arrest- ing offenders against s. 8. (4) If lio is found m or upon any dwelling-house, or any Found in build- -, \, i. , . \ . J i <• -, x. J x fog, &c. -without building, yard or premises, being parcel of or attached to accounting. such dwelling-house : — or in or upon any shop, warehouse, counting-house or other place of business : — or in any garden, orchard, pleasure-ground or nursery-ground : — without being able to account to the satisfaction of the Ct. before whom he is brought for his being found on such premises. , [As to arrest, see (c) below.] Any person charged with being guilty of any offence men- tioned in this sec, may be taken into custody as follows : — (a) In the case of any offence under s. 11 (1), by any police constable without warrant, if such police constable is autho- rised so to do by an inspr. or non-commissioned officer of police : (b) In the case of any offence under s. 11 (3), by any police constable without warrant, although such constable is not specially authorised to take him into custody : (c) Also where any person is charged with being guilty of an offence under s. 11 (4) he may, without warrant, be apprehended by any police constable or by the owner or occu- pier of the property on which he is found, or by the servants of the owner or occupier, or by any other person authorised by the owner or occupier, and may be detained until he be delivered into the custody of a constable. By s. 6 of ord. 3, '86 (alien criminals), every person adjudged a sus- pected person under that ord. shall, during the term for which he is subject to the supervision of the police, be deemed a person to whom s. 11 of ord. 4, '85, shall apply, and if guilty of any of the offences therein mentioned shall be dealt with and punished under the said s. Eules for the Construction of Ordinances. Literal construe- The duty of a Ct. is not to make the law reasonable, but to expound it tion. as jt stands, according to the plain (or real) sense of the words. "It may have been an oversight in the framers of the Act," says Parke, B., in one case, ' ' but we must construe it according to its plain and obvious meaning." Ld. Tenterden says again, " Our decision may, in this par- ticular case, operate to defeat the object of the Act : but it is better to abide by this consequence than to put upon it a construction not war- ranted by the words of the Act, in order to give effect to what we may suppose to have been the intention of the legislature." External cir- Any grounds which justify or require a departure from the literal and cumstances. obvious meaning and construction of the words, phrases and sentences, are to be sought in the context, read, when necessary, by the light which the history of the enactment may throw upon it. The general rule which is applicable to the construction of all other documents is equally ap- plicable to statutes, viz., that the interpreter should so far put himself in Construction oi- Okds. 23 the position of those whose words he is info rpreting as to be able to see what those words relate to. The function of external circumstanci - limited to suggesting a key to the true senBe when the words are fairly open to more than one. It is an elementary rule that construction is to be made of all the parts The context. together, and ao1 of one pari only by itself. Where there an Acts relating to the same subject, the survey must ext< ad to them ; all are considered one consistent body of law, and each of them ^ may explain and i othi r pari of the © mmon sj item to which Lt belongs. Not only is the later Act construed by the lighl of the earlier, but it sometimes furnishes a legislative interpretation of theearlier. The language and provisi ired and repealed Acts on r ab- ject, and the construction which they have authoritatively received, also to be taken into consideration ; for it is presumed that the legislature th e same language in the same sense, when dealing a1 different times with the Bame subject, and also that any change of language is gome indication of a change of intention. The construction which has been put upon Acts on similar subjects, even though the language should be different, should for a similar reason be referred to. Bui wh< re the Acts are not analogous, the construction which has been put upon one cannot be relied upon as a guide to the construction of another, t b e Bame : ool being applicable. The title is regarded by the Cts. as not forming part of the Act. Title, preamble, Neither the marginal notes, nor the punctuation, form part of th< A t. &c. The preamble has been Baid to be a good means to find out the meaning of a statute, and, as il were, a key to the understanding of it. But I preamble cannot either restrict or extend the enacting part, when the language of the latter is plain, and not open to doubt either as to its meaning or its scope : but its effect (if any) is usually n strictive. When two passages of an Act are so repugnant as to be mutually Repugnant destructive, the earlier passage gives way to the later, which is taken to clauses. speak the latest intention. A difference, however, is said to exisl in this respect between the effect of a saving clause or exception and a proi in a statute. When the proviso appended toth nant to it, it repeals the enacting part. When the enactment ana the saving clause which qualifies it arc repugnant, the saving clause is to be i ted, because otherwise the enactment would have been made in vain. If the enacting part and a schedule appended to the statute are repug- nant, the former prevails over the latter. Where a general Acl is incor- porated into a special one, the provisions of the latter would prevail over any of the former with which they were inconsistent. The language of a statute musl be understood in the Ben6e w hich h s1 Words, harmonizes with the subject-matter. All words, if they be gem ral, and not express and precise, are to he restricted to the fitness of the matter — particular, if the intention be particular. Sometimes, however, the meaning i E words may be extended beyond what is usually and popularly attached to th< m, when such seems to meet more completely the obj and the intention of the legislature. With few exceptions, a guilty mind is an essential element in a breach Guilty i ofacrimini I al law'; and unless a contrary intention is expressed (■««"»«»)• or plainly to be inferred from the Btatute, it would be construed as silently requiring that this element should be imported into the definition of the oltence. Thus, an Act which punished breaking oul of prison would not be construed as applying to a prisoner wh • or to a jailor who suffered him to escape from a prison on fire, unless, indeed, it had been set on lire by him or with his privity, for th( purpose of enab him to escape, lt would be unreasonable to infer from the general Ian- 24 Summary Procedure. Tax ordr. Discretion of St. J. P. g-uage of the legislature an intention that the prisoner should be punished for saving himself from being burnt alive. But this presumption is of little weight where a different intention is to be inferred from other con- siderations. A man is liable to conviction for assaulting a police officer in the execution of his duty, though the latter was in plain clothes, and the former did not know that he was an officer. A man who committed an offence on a girl, when the a^e of the girl was material, would not escape by ignorance of the fact that she was within the protected age. Construction to To carry out effectually the object of a statute it must be so construed, prevent evasion. po f ar fls the language will admit, as to reach and defeat all attempts to do or avoid in an indirect or circuitous manner that which it has pro- hibited or enjoined. A statute is to be understood as extending to all circumventions, and rendering them unavailing. When the Act is in derogation or restriction of the legal rights of the subject, it is not evad- ing it to keep outside of it. A beershop-keeper who is licensed to sell beer only to be drunk off the premises, evades the Act if he sells beer to be drunk on a bench which he provides for his customers close to his shop ; the intention makes it substantially and in effect a sale for con- sumption on the premises. But a mere sale through a window' to a person who stood on the road outside, would not be an evasion, though the buyer drank the beer immediately on receiving it. A statute which imposes a tax is always construed strictly. Where something is left to be done according to the discretion of jus- tices or other authorities on whom the power of doing it is conferred, the discretion must be exercised honestly, and in the spirit of the Act, other- wise the thing done would not fall within the statute. " According to his discretion " means, it is said, according to the rules of reason and justice, not private opinion — according to law, and not humour — not arbitrary, vague and fanciful, but legal and regular. Justices empowered, "if they thought Jit" to issue a distress wairant to enforce the payment of a rate, would not be entitled to refuse it merely because they considered that the Act under which it was imposed was unjust in principle. Precedent. Where the discretion has been settled by practice, this shordd not be departed from without strong reason. Where an Act, after fixing the hours within which intoxicating liquors might be sold, authorized the licensing justices to alter the hours in any particular locality, within the district requiring other hours, it was held that they had no right to alter the time in every case by virtue of a general resolution to which they had come. They were bound to satisfy themselves that the special circum- stances of the particular locality, which they took out of the general rule laid down by Parlt., required that the exception should be made. The Crown. The Crown is not bound by a statute unless named in it ; the law being prima facie presumed to be made for subjects only. The Crown, however, is sufficiently named in a statute, when an intention to include it is mani- fest and not dubious. Where neither its prerogative, rights, nor pro- perty were in question, the Crown would not necessarily be excluded from the operation of a statute. The legislature does not intend to exceed its jurisdiction. A statute must be interpreted so as not to be inconsistent with the comity of nations, or the established rules of international law. Foreigners. How far statutes which confer rights are to be construed as extending to foreigners abroad, the authorities are less clear. In one case it was held, that as the English sailing rules are not binding on foreign ships on the high seas, a foreign ship was precluded in a collision suit from im- puting to the British ship with which the collision occurred a breach of any of those rules, on the ground that it had no right to benefit by rules by which it was not itself bound. Construction or Ords. 25 If two passages are absolutely repugnant, the earlier stands impliedly repealed by the tatter; but repeal by implication i- favoured but little. When the later enactment is worded in afiii ma ti ve terms Only, without any negative expressed or implied, it doesnol take away the earlier law. But an affirmative enactment oannol always be construed bo as to be consistent with the oontinuance of an earlier one ; and it repeals by implication a precedent affirmative enactment, so far as it is contrary to it. If the co-existence of two sets of provisions would be destructive of tlio object for which they were passed, the earlier would be repealed by the later. An intention to repeal an Art may be gathered from its repug- nancy to the gem ral course of subsequi nt Legislation. If "the offences are not identical, the two Arts cannot come into con- flict. An Act which without altering the nature of the offence, as by making it felony instead of misdr., imposes a new kind of punishment, or provides a new course of procedure for that which was already an offence, is usually regarded as cumulative, and not as superseding the pre-existing law. On the other hand, where a statute alters the quality and incidents of an offence, as by making that which was a felony merely a misdr., it would he construed as impliedly repealing the old law. Again, where the punishment or penalty is altered in degree but not in kind, the later provision would he considered as superseding the earlier one. It' a later statute, again, describes an offence created by a former statute, and affixes a different punishment to it. varying the procedure (giving, for instance, an appeal where there was no appeal b directing something more, different, or more comprehensive, the earlier statute is impliedly repealed by it ; but in the case of revenue laws, this must be applied very guardedly. "Where the objects of two apparently repugnant Acts are different, no repeal takes place— the language of each being confined to its own object. Where the provisions of one statute are incorporated by reference in another, and the earlier statute is afterwards repealed, the provisions so incorporated obviously continue in force, so far as they form part of the second enactment. A general later law does not abrogate an earlier special one. When the intention is char that the Act should have a retrospective operation, it must unquestionahly he so construed, however unjust and hard the consequences may appear. l; medial statutes are to he construed liberally and beneficially : penal do. strictly. It is sometimes necessary to read the conjunctions "or" and "and' 1 one for the other, to carry out the intention of the legislature. When a statute confers an authority to do a judicial, or, indeed, any other act which the public interest, or even individual right, may demand, it is imperative on those so authorized to eviviso the authority when the case arises, and its exercise is duly applied for by a party interested, and having a right to make the application. In giving one person the authority to do the act, the Mai ute impliedly gives to others the right of requiring that tie act shall he, lone: the power being given for the benefit, not of him who is invested with it, but of those for fl horn it is to be exercised. The Legislature in such oases imposes a positive and absolute duty, and not merely gives a discretionary power, and it must be exercised upon proof of the particular facta out of which the power arises. When, therefore, the language in which the authority is con- ferred is only directory, permissive, or enabling, for instance, who.,' it is enacted that' the person authorized " may," or " ■ >>■ <." or " shall, if he deem* it advisable," or that "it shall be lawful" for him to do the D int i Icnsi • Inconsistent do. Implicit i ] ■ I in penal Acta. Different objects of statutes. Retrospective. "Or," "and." Authority to lie, &0. ■• May," Ac 26 Summary Procedure. Strictness of penal statutes. Qualifications as to do. Sunday trading one offence. Varied terms. Associated words. Generic words following more specific do. "Wareliouse." "Place. act, it has been so often decided as to have become an axiom that such expressions have a compulsory force, unless there be special grounds for a different construction. The degree of strictness applied to the construction of a penal statute depends iu great measure on the severity of the statute. Where it merely imposes a pecuniary penalty, it would seem to be construed less strictly than in matters of life and death. A strict construction requires at least that no case shall jail within a penal statute which does not comprise all the elements which, whether material or not morally, are in fact made to constitute the offence, as defined by the statute. An Act which made it penal to personate " any person entitled to vote" would not be violated by personating a dead voter. It would be different if the offence were per- sonating a person " supposed to be entitled to vote." That sense, however, of the words is to be adopted which best har- monises with the context and promotes in the fullest manner the policy and objects of the legislature. Under an Act which imposed a penalty for exercising one's ordinary calling on the Lord's Lay, only one penalty would be incurred however numerous might be the acts done in the course of the day in the exercise of the calling. The calling is exercised but once in the day, whether it be exercised for a moment only, or for the whole day. The tendency of modem decisions upon the whole is to narrow materially the difference between what is called, a strict and a beneficial construction. Remedial statutes are now construed with a more strict regard to the language, and penal with a more rational regard to the manifest aim and intention of the legislature than formerly. The effect of the ride of strict construction might almost be summed up in the remark that where an equivocal word or ambiguous sentence leaves a reasonable doubt of its meaning which the canons of interpretation fail to solve, the benefit of the doubt should be given to the subject and against the legislature, which has failed to explain itself. Varied phraseology, without conveying a different intention, is some- times found. Thus it has been held that there is no difference between a "stream" and a "river," both terms being found in the same Act: nor between "ordinary luggage" in an Act and "personal do." in a bye-law. Though the words "cows," sheep," and "horses," standing alone comprehend heifers, lambs and ponies, respectively, they would be understood as excluding them, if the latter words were coupled with them. An Act which prohibits the "having or keeping" gunpowder does not apply to a person who "has" gunpowder for a merely temporary purpose, as a carrier ; the kind of " having " intended by the Act being explained by the word " keeping," with which it is associated. The general word which follows particular and specific words of the same nature as itself takes its meaning from them, and is presumed to be restricted to the same genus as those words, unless there be something to show that a wider sense was intended, e.g., an act which made it felony to break and enter into a "dwelling, shop, warehouse, or counting- house ' ' would not include a workshop, but only that kind of shop which had some analogy with warehouse : that is, one for the sale of goods. But this principle is abandoned when there are adequate grounds to show that the general word was not used in the limited order of ideas to which its predecessors belong. Thus, where an inspector of nuisances was authorized to inspect articles of food deposited in any " place " for sale, and a penalty was imposed on persons who prevented him from entering any "slaughter-house, shop, building, market, or other place" Construction of Okds. 27 ■where any carcase was deposited for sale, it was held thai th rda were not confined to places ejusdem g with those which preceded it. The earlier authority to enter "any place" obviously ri quired thai the same word should receive an equally extensive meaning in the suhei qu passage. The 103rd s. of the Publio Health Art, '48, which imposes a penalty « Building. for making any "sewer, drain, privy, cesspool, ashpit, building, or other work contrary to the provisions of the Act," would include under the word " building " not only constructions of a character similar to those previously mentioned, bul also dwelling-houses. Further, the principle in qui stion applies only where the specific \. are all of the same nature. Winn- they arc of a different nature, the meaning of the general word remains unaffected by its connection with them. Thuswhi re an Acl made it penal to convey to a prisoner, in order "Article or to facilitate his escape, "any mask, dress, or disguise, or any letter or thing." any other article or thing," it was held that the lasl general terms were to be understood in their primary and wide meaning, and as including any article or thing whatsoever which could in any manner facilitate the escape of a prisoner, Buch as a crowbar. Here the several particular words " disguise " and "letter," exhausted whole genera, and the last general words must he understood therefore, as referred to othi When a Btatute requires thai something shall be done "forthwith " or Particular ex- diately" or even " instantly," it would probably be understood as praesions. allowing- a reasonable time fordoing- it. It it requires some act to l>c done "immediately." periodically and recurrently once in a certain space of time, as, for instance, the inspection of the boilers of steamers once in 6 months, it would tbly be understood to mean thai not more than G months should elapse between the two acts. It would not be satisfied by dividing the yen- into two equal periods, and doing the act once in the beginning of the first and once at the end of the second p< ri' > 1. Cts. do not usually take notice of the fraction of a day, but they do so Time. when it is necessary for the purpose of justice between subject and subject. Thus, they will notice the hour when the sheriff seized goods. Judicial proceedings [e.g., issuing- execution) are conclusively regarded as done on the first instant of the day. Sundays are included in all computations of time, except when tho time is limited to '2-1 hours, in which case the following day is allowed. If an Act expressly excludes Sundays, of course it is otherwise. A continuing act, such as trespass or imprist., dates in the compui of the time allowed for bringing an action in respect of it from the day of its termination. When imprist. is provided, immediate imprist. is generally understood. An Act which authorizes the making- of a bye-law impliedly authorizes Implied powers, the annexation of a penalty for the breach of it, otherwise il would b nugatory — but pecuniary only recoverable by action or distri as. A power to remove a person from his office or employment for lawful cause only, would jury there would net have been sufficient evidence to sustain the verdict. (Ordo, 'GS; s. 10 (2).) In the present case, the complt. swears that the deft, cut him on the temple with a broken basin ; a witness says he saw deft, cut eplt. with something, and the policeman who made the arrest saw the two holding on, and going up, found the eplt. had a cut on the head and en the face. This, if believed, was plainly enough to sustain the decision. The y\ who had the parties before him convicted the deft., after hearing his story and the evidence of the witnesses called by him. The Mag.'s decision as to the weight of the evidence is final, and it is idle to allege as reasons of review that the deft, was justified in using violence in defence of his person and property (reas. 9), and that the complt. 's evidence was untruthful, and that the deft., having contra- dicted him by reason thereof, was entitled to the benefit of the doubt (reas. 12). (Atkinson, A. J.) Hinds v. Lovell (4 June'Sl). Assault, §c. — When the admission of illegal evidence is relied on, the Illop-.il>'. appt. must show not only that some illegal evidence was admitted, but w ~? eliminated that upon rejecting the illegal evidence! there was not sufficient legal behind sui evidence to sustain the conviction on the adjudication. legal evidi i A misapprehension by a Mag. of some part of the evidence (assuming sustain eon- vould not necessarily per st be a -•round for quashing his viet1 " 11 - decision, or that, indeed, it should have a different effect than if the Mag. had admitted some item of illegal evidence. The question under the Review Ord. is, in either case, not whether there has been absolute freedom from error, but whether, after eliminating the evidence erro- neously introduced, there is or not sufficient evidence remaining to sustain the Mag.'s decision. (Chalmers, C. J.) Dow v. Chalmers (1G Deo.'82). A view of the locus in quo, if held, should be in the presence of the "View." parties, or after notification to them to appear if they desire ; a view in the presence of the witnesses of one side only is within K.viewOrd. s. 10, sub-s. 9, " as substantially affecting the merits of the c In this ease the Mag. stated in his judgment that he took into con- Ebrtrinsio siih ration a certain seizure of timber made on the deft, which was evidence. published in the O. G-., but no evidence of this seizure appeared in the proceedings, even by the production of the (i«;i n ^ no more force than was necessary for such purpose, he was justified in finding that there was no assault, and his determination upon this point being a question of fact is not subject to review. (Chal- mers, C. J.) King v. Aumeerun (21 March'82). This was a question of weight of evidence. — Ct. declined to interfere, citing Bonham v. Francis (3 Aug.'81.) (King, J.) Ramessur v. Russell (8 July'82). The practice of the Review Ct., following that of the Q. B. in Eng., Technical has been not to admit review on technical grounds, where there has been j-'i.t the usual or regular method of communicating with a Mag. ; and prosecutor, not he also thought that in a case of this kind it was for the prosecutor to Ma'--., to move in initiative, rather than for the Mag. ; the sentence of the Ct. of l Bxn I;, \\r\v had a certain operation, but it was for the prosecutor or his counsel to move the Mag. rather than for the Mag. to move the parties; therefore in coming there counsel should show that he had moved the Mag. either in the usual way by motion, or why ho could not make a motion. ( lounsel expressed his intention of laying over a supplementary affidavit ; Supplementary he had no desire to ask for costs, but only to obtain redress for his client affidavit. in the Ct. below. Leave granted to applt. to put in affidavits, Quenoo v. Doorag, Affidavits— (8 May' 80). leave. I. A. G. (Ghasity) v. Dawson (7 Sept.' 79). On the original appeal the decision of the Mag. was affirmed. The Appeal from appeal was, therefore, brought to the full Ct. in order to obtain a review K* 716 ^ oi Mr. Justice King's division. The respt. did not appear. An affidavit of service made by (polico Sufficiency of constable) was then put in, but the question arose whither the affidavit affidavit. was sufficient, as it simply deposed to the fact that a copy of a notice of appeal had been served on the respt., but did not state whether the copy referred to was the copy of the notice appended to these proceedings. The Ct. decided that the affidavit must be set aside, and verbal testimony was then adduced to prove the service. The im. had been ordered to pay a tine of $3 for a breach of the labour Deposit - I law; in default, impr. for 11 days with h. 1. The amount Bufficii nt to as well a-- abide the costs of the appeal had been deposited, but not the penalty in the payment of which the party had been condemned: the im. had servi 1 the term of his impr. Appeal dismissed. (Semper, J., contra.) I. A. G. (Beerungeal) v. Bascorn (7 Sept.' 79). The question raised in this oase was similar to that, in the previous Application for - applt. applied for time to enable him to comply with the law: tune refused, application refused. (Semper, J., eontri.) Fitzgerald v. D'Aguiar (8 March' 79). The appeal was heard on 1 March, and decision reserved to enable the Afl respt. meanwhile to file an affidavit supplementary to tho Mag.'s record. ^ i> 2 36 The Court of Eeyiew. Affidavits filed without leave are irregular. Procedure on re- hearing when matter remitted to a Mag. General issue. The affidavit was not forthcoming' on 8 March. Matter remitted back to the Mag. Luckput v. Nudjoe (7 Oct. '82). Assault and baiter;/ upon the respt. : plea, not guilty — conviction. The applt. maintained his case on the single ground that he tendered witnesses in defence, which the Mag. refused to hear. Five affidavits have been filed in support of this allegation, irregularly, it must be remarked, leave of the Ct. not having been asked or given, and there not being any authority under the procedure of the Review Ct. enabling parties as of right, or as a matter of course, to introduce evidence in this Ct. other than the record of the proceedings before the Mag. The irregularity was, however, waived to the extent of referring the most material of the affidavits to the Mag. for his answer. On review of the minutes and statements I am inclined to think that the deft, (applt.) who is a Coolie, not apparently speaking English, really had witnesses in attendance whom he intended should be examined, but did not call from supposing it to be a function of the Mag. to do so, or from some other error ; it seems also possible, that the Mag. on hearing the admission which he has minuted as made by the deft. — viz., that he knocked the complt. down— may have considered that to be equivalent to a plea of guilty, and proceeded thereupon to convict. But the pro- cedure prescribed by 19, '56 is to be closely followed ; and under s. 20 it is clear that, where a defendant has not pleaded guilty to the charge in its entirety, he and any witnesses he may desire to examine are to be fully heard, notwdg. any partial admission the deft, may make ; and for a very obvious reason, inasmuch as a deft, may admit a sub- stantive act which might be prima facie an offence — e.g., a blow on complt. — and yet may prove that the act was done under such circes. as may either deprive it altogether of the character of an offence, or show that the offence was qualified and mitigated by the circumstances ; whether thus there was misconception by the applt. , or any error by the Mag., the case ought not to stand as it is. I do not consider the situation is such that the conviction ought to be quashed as suggested by the applt. ; but, as there seems to have been a defect of hearing, oppor- tunity should be given for remedying that defect. I shall, therefore, recall the conviction hoc statu, and refer the case to the Mag., in order that he may take the exam, of such witnesses as the applt. may produce and examine, and any other evidence he may adduce in his defence, on a day to be appointed by the Mag. and notified by him to the applt. and respdt. ; and after hearing the evidence of the applt. (if any), and any further evidence adduced by the respdt., he will proceed to dispose of the charge by a conviction and penalty, or by an acquittal, as he may deem just. The applt. may possibly be at some disadvantage, owing to the time which has elapsed since the previous hearing, but this delay rests with himself or his advisers. General issue is not a valid statement of a reason of review, Glasgow v. Eardcen (14 May '81). 1 View." Costs. 40 A view improperly held is within the s. (5, '68, s. 10, sub-s. 9), Dow v. Chalmers (16 Dec' 82). Where the appt. offered no argument, and the respt. did not appear, the appeal was dismissed without costs to either party, Hard v. Goveia (29 April' 82). The Court or Review. 37 Appellant most serve a copy of hia affidavit on the respond* at, Belmonto Affidavit set v. 4»M0M (25 March'88). There is .'i case of Smart v. Math '81) [she< p stealing , bul it has only been "noticed," not reported, in 0. Gh'81, p. 2151. Rou v. Etna, 26 Nov.'81. There is no reported judgment in this case. (Semper, J.) 42. 0rd ' 20 -' 80 - The Registrar's ord. '80— to be construed with 3,'GO : 12, a 2 "Eegfa- , , ° i '65: 4,08. British Guiana." The Beg.'s office of the counties of Dem. and Ess., and the Reg.'s office of the county of Berbice, are hereby amalgamated, and shall in future be one office or dept,, and shall bo called and known as the Reg.'s office of B. < J. 8. 3, officers appd. by H. M. ; s. 4, provisions of prior ords., 3,'60 ; 12,'G5 and 4,'(58 to apply to Keg. of 15. Gk : s. 5, con- solidation of fee funds. There shall be a branch office of the Reg.'s office to B. Gk ^Berbice at New Am. in the county of Berbice. Power to establish ra other branches: s. 7, officers of Berbice branch: s. 8, clerks. Where any asst. sworn clerk or other person holding office s9 Certes-of in the Reg.'s office of 13. G. desires to obtain a certificate of If^J^JjS* his fitness to discharge the duties of a sworn clerk and notary and notary public, ho may apply to the Judges to be examined, and thereupon it shall be lawful for the Judges to proceed to the may be applied * _ _ * ■ i'pp ii.T lor tit &n\ tunc examn. of the person so applying, and it found to be compe- tent, to grant a certificate of his fitness to discharge the duties of the oflice, although there may be at the time of the applon. no vacancy in the said Reg.'s office of the office of sworn clerk and notary public, anything in ord. 3,'GO to the contrary notwg. S. 10, transports, &c, may be executed in any part of the colony. S. 11 repeals ss. 2, 3 of 3,'60 ; and inconsistencies herewith of 3,'GO: 12,'65: 4,'G8. Dagleish v. King (9 May'83). The filing of a copy of the applon. for Review with the Feu-, at G. is EOiBgoopy, Jm. a sufficient filinjr in point of law when the Ot. sits at Berbice, the Berhd jy* Reg. office having by ord. 20, '80 become amalgamated with thai of Nowenacb- Dem. and Ess., the new office thus constituted being i ! E B. G., menta. of which the office now in Berbice is a branch. By ord. L7,'80, s. 23, the Mags.' clerks register all convictions and orders, &c. The register and extracts therefrom to be j By s. '24, copies are obtainable by any one on payment of f< 68 within 6 days of application. Extension of tim< w in certain cases, not exedg. 21 days : see orcl., supr d. As to how copies of record are obtained, sec 17,'80, B8. 23, 24, p. 17. 38 The Court of Keview. Time. Copy record. Irregular proceeding's alleged. Affidavit by- Mag. Matters not to be assumed. Essential terms. Applt.'sevidence not taken. Errors not mis- leading do not vitiate notice of appeal. 42 Proceedings other than those required by law, when sent up by Mag., are not a subject for review, Gomes v. Burrowcs (3 April'80). Extension of time, King v. Nasebun (29 April'82) ; Croppard v. Lewis (7 May'87) ; Abdool-Kelman v. Robinson (ib.). As to difficulty in getting copies of papers from Mags., Boodhoo v. Ram- naran (10 April'80). King v. Nasebun (29 Apri.'82). Applt. applied for extension of time to serve reasons of appeal, the papers not having been received from the Mag. to permit of its being done within the 10 days. The point to be determined was the meaning of the word " merchandize " in relation to the use of a cart for the pur- pose of trade. The Mag. held that bread was not "goods or merchandize." The C.J. (Chalmers) granted the applon. Gooloomally v. Anderson (8 July' 82). It was alleged that the Mag. acted maliciously in refusing to allow the applt. to cross-examine the complt. (who was the only witness examined for the prosecution), or to make any defence or call any witness. The applt. was then fined §50 and costs. It was stated that the shop was closed, and that the Com. jumped through the window to look for the book in which the ganje should have been entered, and, finding that the book had not been written up in accordance with the law, he seized the ganje, and brought the applt. before the Mag. (the reserved decision has not reached Ed.). Reasons of review to be dealt with strictly, Greene v. Francis (30 April' 86). Affidavit by Mag. as to grounds of decision is inadmissible, Greene v. Francis (30 April' 86) : Eeview Ct. does not assume matters which do not appear in evidence, e.g. nationality of witness, or ignorance of English and Wun-sam (8 May' 80). Jack v. John (5 March' 8 6). Conviction of stealing 72 c. the property of the resp. The reasons raise that the terms of the information, which were fol- lowed also in the conviction, do not give the necessaiy legal description of the offence. This is correct : There is no allegation that the act com- plained of was done "feloniously" which was formerly ruled in Angoo and B. v. Miller, 1 Dec. '83, as an essential term in describing larceny. The information ought to have been amended before trial, but it is now too late. It is also raised that the conviction is bad, inasmuch as it does not appear on the face of the minutes of the proceedings that the appt. was called upon to make her defence. I need not say that if in fact she had not an opportunity of doing so it would render the conviction a nullity, but I cannot doubt that if it were necessaiy to inquire it would be found that the omission was only in the record, and not in the actual proceed- ings : it is not necessary, however, to go into this, as the conviction is bad for the error already stated. Conviction quashed, with costs. (D. P. Chalmers, C. J.) Pequeno v. Binns (22 March'S3). An error in a notice of appeal in stating 44 c. worth of rum, instead of 48 c. worth, was held not to vitiate the notice, as it appeared the respdt. was not misled by it. (Fleming, J.) The Coukt of Keview. 39 Figueira v. Solomon (13 Aug.'S7). The respondent objected to the appeal being proceeded ■with on lonment ground that the applon. for review had not been made within ten days of ■■ after tin' hearing before the Mag. Tin' appt. admitted the fact, .-is shown by his affidavit ; bui 1m- referred to b. li, Ord. •'>. '68, under which provision was made for the appt. to petition the Court for relief if lie were "unavoidably prevented from applying for review " within tin.' prescribed time, lie- proposed to abandon the presenl proceedings and begin de novo by such petition, and he would be able to satisfy Ids llunour as to the cause of delay in the matter. The matter was allowed to be abandoned. (Chalmers, C. J.) 43 Gomes v. Burrowes (3 April'88). Charge, 42 galls, of rum found in shop of a strength below 20 p.c. uiuli r proof, contrary to ord. 4, '79, s. 10 (Tax. ord.). On the hearing- of the case being commenced, a preliminary objection Ehe Ct. will was taken by the counsel for respt. on the ground that the appt., who ha. I ""' ii, '> on 1m en convict* d and fined, had nut paid the fine, and had not entered into "^ ,",',' j : ,'i,y'th.' r us. to pros, cute the review, and c imply with the judgment of the Mag. which ia Court of Review in terms of s. 1(1 of Review Ord., and he moved on this not n quired by ground that the hearing of the appeal should lie staved. The objection k^tohe . was founded on a mem. or certificate which the Mag., who made the eon- t j 1L . }j ;l ,,_ viction, had a p; 'ended to the copy of the record si of up to the Regi in which he stated the circes. i have jusl mentioned and requested the opinion of this Ct. as to whether the deft, was entitled to appeal. This certificate is not a part of the proceedings which the Mag. is directed to send up by the ord. ; and as the existing law does not contain any provision for the opinion of the Ct. being returned upon a question put, or case stated by a Mag., I was of opinion that the certificate did not form such material as the respt. could use in order to raise the epiestion involved in his motion. Of course, there were other methods by which the facts might have been placed before the Ct. so as to obtain a decision should the respt. have so desired. But on the evidence offered I refuse tho motion. The respt. did not propose to produce any othei evidence. It is shown by the Mag.'s notes that the appt. was not present at the The appellant hearing or adjudication. It was argued that under S. 17 of 19,'56 (regu- n ^e^»nt at*the luting the procedure in this case) it was essential that the appt., not %5j^rc5ji"". having appeared upon summons, should have been compelled to he pre- sent by being apprehended and brought before the Mag. upon a warrant. There were no grounds on which this contention was supported, except a construction of the s. in question, which I can only consider a forced one. The s. as printed in the collected edition of the ords. varies from Variation of t lie corresponding s. (13) of the English. Act, inasmuch as the express ord. 19, '66,8.17, provision as to ex parte hearing, which the latter contains, is not repro- from Bag. Abb. duced. Assuming the print to be correct (as to which there may be some doubt) it has not the effect contended for. The direction to issue the Direction of oxd. warrant is not made imperative, but remains permissive, and tin iv i- uoi ls permissive, the slightest iv.i on to show that, it was intended to take away the difl- oretionary power of proceeding either by warrant or ex parte, which U dearly given by s. 9 (19/56). This s. authorizes an , iringof Ord. 19,'66, a. 8. summary complaints when the deft, is absent at tin- time and place Export* appointed in the summons for tho hearing, and service of the .summons hearings. upon him, a reasonable time before, is didy proved. 40 The Court of Eeview. Mag. is judge of reasonableness of interval between service and hearing. The Mag. may, it is true, issue his warrant to bring the deft, before him ; the subject-matter of the complt., &c., being in that first sub- stantiated by oath or solemn information, but the Mag. has a discretion to adopt either course which he considers most suitable to the circes. of the case put before him. I must therefore overrule the first reason — " Because the appt. was not present at the hearing or adjudication." Second reason— " Because there is no proof that the appt. was duly summoned." The evidence upon this point upon the Mag.' s notes was, "the deft, does not appear : personal service of summons proved by (police con- stable)." The jurisdiction to hear and convict in the absence of the deft, is a statutory one, and it is necessary that the facts requisite to found the jurisdiction should be stated on record, or, at the least, that they should be capable of being deduced by necessary inference from what is stated. In support of the conviction it was argued that it should be pre- sumed that all facts without which the Mag. could not legally have con- victed were proved before him, and the maxim Omnia prcesumuntur rite et solemniter esse acta was cited. But the maxim does not apply to proceed- ings before Mags., especially when the question is as to jurisdiction; and where the record leaves it in doubt whether the Mag. had jurisdiction or not, the Ct. cannot supply the defect by intendment (citing English cases). In the present case the evidence as noted shows only one of the facts necessary for jurisdiction to have been before the Mag. (service of the summons) ; the other was that a reasonable interval had elapsed between the service and the hearing. The statute has made the Mag. the judge of the reasonableness of the interval, but it ought to have appeared in some manner that the question passed sub judlce, and that he considered that the interval was sufficient. I am satisfied that this is the safest practice rule, as well as the one which is in accordance with law. Conviction quashed. (Chalmers, C. J.) Case under tax ord. One offence charged — another proved. Mag. bound to amend. 1 -whether sub- stitution of one offence for another would be amending. Variances not amendable. Defects amend- able on condi- tions. 45 Anson v. Stuart (16 Dec'85). The question was whether, in terms of s. 3 of the then current tax ord., the respt. kept and used — or owned and permitted to be used— a donkey cart, licensed as not kept for the pposes. of trade, in transporting wood for sale. The charge was that respt. "permitted to be used." The cart was driven by the son-in-law — a driving by the father. The keeping and using a cart is not the same thing as owning and permitting to be used— the two acts being different offences. Here, therefore, one offence is charged and another proved, and, amendment apart, the Mag. was bound to dismiss the charge (which he did). As to amendt. in cases within s. 3 of 5, '68, the "may" is, I am inclined to think, imperative (see p. 25), and the Justice is bound to amend. No amendt. was here made before the final decision. I am not at all clear that the substitution of one offence for another — however slight the difference — would be allowable as an amendt. on the ground that it was mere variance. But taking it to be so, the Mag. having finally decided is functus officii, and cannot now amend. Neither can this Ct. This is not a defect under s. 21. If anything there is a variance. S. 3 distinguishes between defects and variances — they relate to matters quite different. Variances are not mentioned in the s. ; and under it the Ct., taking this to be a variance, could not amend. Even if it were a variance, and a variance could be deemed a defect within s. 21, it is only where the objection is taken " upon the hearing" The Cotot or Review. 41 that tlio Ct. can amend ; and by the proviso no objection on acconnl any complt., &c. .-hall be allowed " unless Bucb . . . defect -hall have been specified in the reasons of review." N" such variance or d< : objected upon the bearing, or specified in the reasons. By b. 10 the Ot. may amend "any order," &c. for any of the reasons Btated. [f the unendmenl of an order of dismissal is contemplated by that b., no one of the reasons named in thee, is applicable to the oiionmsl this case. Mag.'s decision affirmed. (Atkinson, A. J.) Harel v. Goveia (29 April'82). Where the applt. did not offer any argument, and the respt. did not No appearance. appear, the appeal was dismissed without costs to any party. (Chalmi C.J.) 46 Warren and another v. Pereira (18 Dec.'So). A conviction must be so framed thai it is capable in its terms, without Proper convio- being construed by means of extrinsic evidence, of supporting the plea laoniaabar. of autrefois convict in the event of a >< cond prosecution being brought for the Bame offence. This is not accomplished where the Btatute under which the conviction is made creates more offences than one, by saying ''"inmittii.L- or the deft, was convicted of committing, or of abetting, an offence against : '\, thai statute: it must express v. 1 1 : 1 1 offence. Unless amended under the enAjLgnt powers conferred in s. 21 of 5, '68, the conviction of Warren cannot J,,!"', 1 ,'^.' stand. The Ct. alsoobjected to the absenceof the prosi enter— personally prosecutor's or by counsel. Gomes v. IP A g mar commented on — having been relied on a ) by counsel. (Chalmers, C. J.) Carreiro v. Anderson (15 April'82). The error in the charge (1881 for 1882) as to time was quite within the An error in tote Mag.'a power of amending, and doubtless he would have amended had amendaMeby his attention b< en called to it. Then if there was any appreh nsion that the deft, had been misled, so as to be put to any disadvantage in his defence, the Mag. would have granted an adjournment to some future day to conclude the hearing. Bui the deft, showed clearly that he was not under disadvantage, not only by not objecting and cross-e xamining the witnesses for the prosecution without any reference to the date being in L881 or 1882, but producing a witness in defence, who gave evidence in rebuttal on the facts with reference to the same day of which the wit- nesses for the prosecution had spok< n. In fact, it appears as if none i f the parties at all, including perhaps even the counsel for the defei noticed at the time thai the date of the charge was 1881, and not 1882. The questii n, therefore, is whether the power of amending which is given Bene* i to the Review Ct. by s. 21 of the ord. should be exercised. I am of ; opinion thai sufficient -rounds were in proof for conviction, and thai the ;'")' r '^^j' , 2 l). deft, was not misled or hindered in his defence. 1 therefore direct the p complaint to be amended by substituting the figures '82 for '81 in the _ y year of the date of the alleged offence, and remit to the Mag. to draw up a conviction for the offence as commit t id on the date bo amended. (Chalmers, C. J.) 42 The Court of Eeview. Excess of juris- diction not reparable. Acquittal. Acquittal. Form of Mag.'s decision on case being' referred back and no new evidence adduced. On rehearing conviction must be in terms. On remittal, evidence on first hearing admis- sible on secund hearing. 47 D'Nascimento v. Anson (2 Feb. '84). Ord. 14. '5-5, s. 32. In imposing a fine less than that fixed by the ord. the Mag. exceeded the authority given him by the ord. The Ct. has no power to amend the conviction. Dawson v. Gopaul (29 Septr.'83). When the Ct. refers a case back to the Mag. upon an acquittal, it must appear that the adjudication has proceeded on some mistake in law. (Chalmers, C. J.) McGowan v. Davis (5 June' 85). An acquittal is never remitted (to the Mag.) on any technical or formal objection by the prosecutor. Lopes v. King (16 April'86). In a case of occupying a store for sale of goods without a license, the case was remitted by the Ct. of Review to the Mag. to take further evidence. Before the Mag. applt.'s attorney declmed to call any evi- dence, contenting himself with contending that the order of the Review Ct. was wrong. The Mag. under these circumstances adhered to his original decision. Some time afterwards motion was made in this Ct. touching the form of the Mag.'s decision, when I stated that it would be more correct that the Mag. should convict in terms instead of adher- ing to the former decision. The Mag. notified the applt. through his attorney to attend, and formally adjudicated. Appeal is again brought. The reason which states that the Mag.'s adjudication was not given on any evidence is entirely incorrect, seeing the adj udication was made on the evidence adduced at the first hearing. Mandamus. 48 A mandamus will lie where the Review Ord. provides another remedy, Reg. v. Mill; contra lieg. v. Kirke: both cases being applications for a rule "to hear and adjudicate" under 31, '50. Ord. 17, '80. s 3 (Confinel to this ord.) " Child. 51 Procedure in Indictable Offences before the Magistrate. The New Summary Procedure during Triad of Indictable Offences. In this ord. (if not inconsistent with the context) the fol- lowing expressions have the meanings hereinafter resjDectively assigned to them (that is to say) : — The expression "child" means a person who, in the opinion of the Mag. before whom he is brought, is under the age of 12 years. In s. 2 of 11, '87 (Juvenile Offenders), " child "=any person who, &c. is under 16 years of age. Indictable Offences. 43 Ord. 17,'80. Tho expression "young person "means a person who, in " the opinion of the Mag. before whom he is brought, is of tl. age of 12 years and under the age of 16 years. The expression "adult "means a person who, in the opinion -Adult." of the Mag. before whom ho is brought, is of the age of 16 years and upwards. Tho expression "person" includes a "child," "young "Pa person " and " adult," and also includes a body corporate. The expression "guardian" in relation to a child, includes "Guardian." any person who, in the opinion of the Mag. having cogni- zance of any case in which a child is concerned, has, for the time being, the charge of, or control over, such child. The expression " higher Court" means the Inferior Ct. "Higherct." (Crim.), or the Supreme Ct. (Crim.), of 13. Gr. The expression "indictable offence" means an offence ^j! l I f ( £' t .? blc punishable by the Inf. Or. Ct., or by the Supr. Cr. Ct. The expression " indictment " includes a charge before tho "indictment." Inferior Ct. (Crim.). As to general interpretations in crim. ords., see ord. 27, '46, s. 95, post (Supr. Crim. Ct.). N.B. — Ord. 11, '87 repeals s. 8, and takes the place of ss. 8—10 of 17, '80. " The Juvenile Offenders Ord. '87." OrdLivw. " Child "=(in this ord.), any person who, in the opinion of s 1 Title, the Mag. before whom he is brought, is under 16 years of s2Denn. age. [S. 4 fixes the other limit at 7 years.] A child shall not, on summary conviction for an offence s 3 under this or any ord., be adjudged to be imprisoned, or bo i )Um?hl " fined a larger sum than Sl<). When a child is ordered to pay a fine, the process for WhatdiefoesB. enforcing payment thereof shall be by warrant of distress to levy on and. sell the goods and chattels of the father or guar- dian, if a male, of such child. Where a child is charged before a St. Mag. with an in- g^^SF cM1(1 dictable offence other than homicide, the Mag., if he thinks it Bummanly; expedient so to do, and if the parent or guardian of the child withparenfa SO charged, when informed by the Mag. of his right t>> have oonaeni; the child tried by a jury, docs not object to the child being dealt with summarily : — May deal sumly. with the offence, and may order that the said child shall pay a line, or (if a male) be sent to the Onderneeming School, and if a female, to a reformatory, or an industrial school for girls. 44 Indictable Offences. Ord. 11,'87. and charge being read ; explanatory statement. When parent not present, remand ; or deal with case. For the purpose of proceeding under this sec, the St. Mag. at any time during the hearing of the case at which he becomes satisfied by the evidence that it is expedient to deal with the case sumly., shall cause the charge to be reduced into writing, and read to the parent or guardian of the child, and then address a question to such parent or guardian to the following effect : — ' question put, " Do you desire the child to be tried before a higher Ct., and object to the case being dealt with summarily ?" with a statement, if the Mag. thinks such statement desir- able for the information of such parent or guardian, of the meaning of the case being dealt with summarily, and of the time at which the child will probably be tried, if tried before a higher Ct. Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a Mag., the Mag. may, if he thinks it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian, with a view (so far as is practicable) of securing his attendance at the hearing of the charge : — Or the Mag. may, if he thinks it expedient so to do, deal with the case summarily. The Mag. is not bound to inflict punishment. See end of s. 4. This s. shall not render punishable for an offence any child who is not, in the opinion of the Mag. before whom he is charged, above the age of seven years, and of sufficient age and capacity to commit crime. If upon the hearing of a charge against a child in respect of any offence which under this s. or otherwise is punishable on summary conviction, the St. Mag. thinks it inexpedient to inflict any punishment, he may discharge the child. Where a child is convicted by and before a St. Mag., under the provisions of this or any other ord., the Mag. may send such child (if a male) to the Onderneeming School (post), or (if a female) to a reformatory or an industrial school for such time as may be authorized by any ord. in force regulating such institutions. Where the child is a male, the St. Mag. may, either in addition to, or instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped, with not more than 12 strokes of a tamarind rod by a constable, in the presence of an inspector or the officer of police of higher when in rank than a constable, and also in the presence, if he desires paren nce to be present, of the parent or guardian of the child. wheTsuspended Such punishment may be at once inflicted unless the child, pending review. Discharge. s 5 Reforma- tories, &c. S 6 Whipping, Indictable Offences. 45 Ord. 11, '87. or tho parent, guardian or person having charge of such child, forthwith applies for a review of the proceedings and lodges tho required fee. After this ord. comes into operation it shall not be Lawful s ~ for any St. Mag. to order any corporal punishment to be in- flicted on any child, except the corporal punishment autho- rised by this ord., anything in any other law or ord. to the contrary notwithstanding. And no corporal punishment shall he inflicted on any child inevery under any order of a Mag., except in the manner provided b; this ord. Ord. 17/80. Where a person, who is an adult (s. 3), is charged hefore a ( s i) 11 * ummary Mag. with any indictable offence specified in the 2nd column lienofcom- of the schedule to this ord., the Mag. :— g*? 1 * to If he thinks it expedient so to do, and if the person charged [2nd column with the offence (when informed by the Mag. of his right to ! = c: ' he tried before a higher Ct.), consents to be dealt with sum- by consent; marily : — May deal summarily with tho offence, and adjudge such person, if found guilty of the offence, to : — Impr. with or without h. I., not exedg. 4 months, or, fine not exedg. §96. For the purposes of a proceeding under this sec, the Mag. to be obtained at any time during the hearing of the case at which he be- comes satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the person charged : And then address a question to him to the following effect : — " Do you desire to be tried before a higher Ct., or do you consent to Dy on ; the case being dealt with summarily?" With a statement (if tho Mag. thinks such statement de- ^. d statement sirable for the information of the person to whom the question is addressed) of the meaning of the ease being dealt with summarily, and of the time at which he will probably be tried, if tried, before a higher Ct. Grant v. Josa (21 Nov.'83). Larceny (§lf>). It is sufficient if the Mag. 'a minute indicates that "Question" the question (required by the s.) was put, and at the proper stage of the need not be proceedings (without embodying the question in externa in the minutes) : r(;cor< led- and tho like information is given with more particularity in the con- viction which is part of the record. There is no reason the Mag. should also state in the minutes his opinion Age of as to the age of the accused, provided ho took the right procedure in should be relation to his age, as child, young person, or adult, as defined by the rcconl< - J - ord. There may, however, be some reasons (as matter of practice) in 46 Indictable Offences. Ord. 17,'80. S 12 Summary conviction in lieu of commit- ment for trial. [1st column Scried. ] Where sufficient evidence, and Mag. elicits by question. Plea "guilty." Before question, explanations, with statement — (1) discretion- ary, (2) obligatory, cautioning prisoner. favour of the Mag. stating on his minutes the classification he makes of the accused as to age, in all cases both of conviction and acquittal. (Chalmers, C. J.) Where a person, who is an adult (s. 3), is charged before a St. Mag. with an indictable offence which is comprised in the first column of the sched. to this ord. (and is not comprised in the second column of the sched.) : — And the Mag. at any time during the hearing of the case becomes satisfied that the evidence is sufficient to put the person charged on his trial for the said offence ; And, further, is satisfied (either after such a remand as is provided by this ord. or otherwise) that the case is one which (having regard to (a) the character and antecedents of the person charged ; (b) the nature of the offence ; and (c) all the circumstances of the case) [but this sect, is by s. 13 excluded, where there is a previous conviction, and the offence is punishable by penal servitude] may properly be dealt with sumly., and may be adequately punished by virtue of this ord. : — Then the Mag. shall cause the charge to be reduced into writing and read to the person charged : And shall then ask him whether he is guilty or not of the charge : And if such person says that he is guilty, the Mag. shall thereupon cause a plea of guilty to be entered, and adjudge him to : — Impr., with or without h. 1. not exedg. 6 months. The Mag., before asking in pursuance of this s. the person charged whether he is guilty or not ? shall explain to him : — ■ («) That he is not obliged to plead or answer ; (b) That (if he pleads " guilty ") he will be dealt with sumly. ; (c) That if he does not plead or answer, or pleads "not guilty," he will be dealt with in the usual course : — With a statement (if the Mag. thinks such statement desir- able for the information of the person to whom it is addressed) of the meaning of the case being dealt xoith summarily, or in the usual course, and of the time at which such person will prob- ably be tried, if tried, before a higher Ct. The Mag. shall further state to such person to the effect that : — (a) He is not obliged to say anything unless he desires to do so ; But (b) that whatever he says will be taken down in Indictable Offences. 17 Ord. 17/80. writing, and may ho given in evidence against liim upon his trial : And (r) shall give him clearly to understand that he lias nothing to hope from any promise of favour ; And (d) nothing to fear from any threat which may have been held out to him to induce him to make an admission or confession of his guilt ; But (e) that whatever ho then says may In. given in evi- dence against him upon his trial, notwithstanding such pro- mise or threat. If the prisoner does not plead guilty, whatever he says in w ^,?^j answer shall he taken down in writing and read over to him, duty to take' and signed by the Ma^., and kept with the depositions of the witnesses, and transmitted with them in manner required by law : And afterwards, upon the trial of the prisoner, may (if u ^ s si?n dcposi - necessary.) be ^iven in evidence against him without further proof thereof, unless it is proved that the Mag. purporting to have signed the same did not in fact sign the same. Where a person, who is an adult (s. 3), is charged before a sl3 Summary St. Mag. with the (sic, but? any) indictable offence specified ESS*^ in the 1st column of the sched. to this ord. : — ousted by , -. . .i -. r ,-i • it ro • i-i previous oonvio- And it appears to the Mag. that the offence as one which go,,, and offence (owing to a previous conviction or indictment or otherwise of ^j|!y! V the person so charged) is punishable by law with penal servi- servitude! tude, the Mag. shall not deal with the case sumly. in pursuance of this ord. Where a person is charged before a St. Mag. with an ? 1 ^^^ nd indictable offence, with which a St. Mag. has (or may have, determine under the circumstances in this order mentioned) power to pr0 1 ^f under deal sumly. : — The Mag. before whom such person is charged (without prejudice to any other power that he may posses- may for the purpose of ascertaining whether it is expedient to deal with the caso sumly.), either before or during the hearing of the case, adjourn the case, and remand the person accused. A person may be remanded under this sec in like manner in all respects as a person accused of an indictable offence may be remanded. Where an indictable offence is, under the circumstances in s 17 f, ■ this ord. mentioned, authorised to be dealt with summarily: (1) The procedure shall, until the Mag. assumes the power of to deal with such offence sumly., be the same, in all respects. »*"»!»' ' as if the offence wcro to be dealt with throughout as an indictable offence : — But when and so soon as the Mag. assumes the power to deal with such offenco sumly., the procedure BhaD be the bs.u,u, 48 Indictable Offences. Ord. 17,'80. Evidence taken before summary- powers acted on. Cross-exn. Effect of sum- mary conviction under ss. 11, 12. Restitution of property order. On dismissal of charge (under ss. 11, 12) deft, entitled to certificate. Effect of dis- missal. Conviction to record plea guilty, or consents when given. Ord. 4/85. s 17 "Women convicted — after prev. conv. children under 14— dealt with as under ord. 12, '68. same from and after that period as if the offence were an offence punishable on summary conviction and not on indict- ment : And the provisions of the ords. relating to offences punish- able on summary conviction shall apply accordingly. (2) The evidence of any witness taken before the Magis- trate assumed the said power need not be taken again : But every such witness shall, if the deft, so require it, be recalled for the purpose of cross-examination. (3) The conviction for any such offence shall be of the same effect as a conviction for the offence on indictment : And the Mag. may make the like order for the restitution of property as might have been made by the Ct. before whom the person convicted would have been tried, if he had been tried on indictment. (4) Where the Mag. has assumed the power to deal with the case sumly., and finds the offence not proved, he shall, if required, deliver to the person charged a certificate under his hand stating the fact of the dismissal of the charge : And such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence. (5) The conviction shall contain a statement : — (a) As to the plea of guilty of an adult (s. 3) : (b) In the case of a child (s. 3), as to the consent or other- wise of his parent or guardian : — (c) In the case of any other person, of the consent of such person : — to be dealt with summarily. "Where any woman is convicted of a crime or an indictable offence, and a previous conviction of a crime or an indictable offence is proved against her, any children of such woman under the age of fourteen years and under her care and control at the time of her conviction for the last of such crimes or offences, who have no visible means of subsistence, or are without proper guardianship, shall be deemed to be children to whom the provisions of ord. 12, '68 {Reformatories) apply; and the Ct. by whom such woman is convicted, or a St. Mag., may order such children to be sent to an industrial school in pursuance of s. 16 of ord. 12, '68 {Reformatories — Orphans). Indictable Offences. Schedule to Ord. 17, '80. Indictable Offences triable summarily under this ord. First Column. Second Column. 49 Ord. 17.'80. Schedule. Young Persons consenting and Adults pleading guilty. 1 . Simple larceny. 2. Offences declared by any ord. for the time being in force to be punishablo as simple larceny. Larceny from, or stealing from the person. 4. Larceny as a clerk or servant. 5. Embezzlement by a clerk or ser- vant. 6. Stealing animals, or killing animals with intent to steal the carcase, or any part, of the ani- mal so killed : (that is to say) committing any of the offences specified in any of the sees. 11, 12, and 13 of ord. 22, '62 (Larceny). 7. Receiving stolen goods : (that is to say) committing any of the offences relating to property specified in ss. 83 and 87 of ord. 22, '62 (Larceny), or in either of such sees. 8. Aiding, abetting, counselling, or procuring, the commission of any offence hereinbefore in this first column specified. 9. Attempt to commit any offence (&c, as in 8). Adults consenting. 1. Simple larceny, where the value of the whole of the property al- leged to have been stolen does not, in the opinion of the Mag. before whom the charge is brought, exceed $25. 2. Ditto — where the value of the whole of the property alleged to have been stolen, destroyed, in- jured, or otherwise dealt with by the offender does not, (&c, as above (1),) §25. 3. Ditto — where the value of the whole of the property alleged to have been stolen does not, (&o., as above (1),) §25. 4. Ditto — where the value of the whole property alleged to have been stolen does not, (&c, as above (1),) §25. 5. Ditto — where the value of the whole of the property alleged to have been embezzled does not, (&c, as above (1),) S-"». 6. Ditto — where the value of the animal does not, (&C, as above (I),) $15. 7. Ditto — where the value of the whole of the property alleged to ha ve been received does not , as above (1),) §25. . Ditto — hereinbefore mentioned in this column of this schedule, where the value "f the whole of the property which is the sub- ject of the all. 14', .1 (lift nee does not (&c, as above (1)) exceed the sum hen inbefore in this column respectively speeiiied. . Ditto (2nd col.) — where the whole of the value of the pro- perty which (&c, as in B Ord. 4,'85. s 75 Where -wit- nesses for de- fence must have been before Mag. 50 Indictable Offences. Witnesses for the Defence in Criminal Cases. No person shall be taken or deemed to be a witness for the defence within s. 4 of ord 26, '68 (Crim. Law Aniendt.) or B. 31 of ord. 7, '72 (Infr. Crim. Ct.), unless the examination of such person has been taken by the J. P. at the preliminary examination. s 36 Witnesses for defence (in- dictable) on same footing 1 as do. for prosecu- tion, and to have depositions taken. Adjournment for attendance of wits, for defence. s 37 Witnesses for pros, or de- fence on same footing 1 , gene- rally. s 38 Witnesses for defence not appearing before Mag., in what cases, on same footing as wits, for pros. 62 In every preliminary examination the J. P. at the close of the case for the prosecution shall ask the accused whether he desires to call any witnesses, and shall inform him that any witness he may call will be summoned and be remunerated, and have his expenses paid in the same way as witnesses for the prosecution, if the examination of such witness is in any way relevant to the case. It shall be the duty of the J. P. to transmit every such relevant examination of a witness for the defence to the Atty.-Gfen. if the case be referred to the Supr. Crim. Ct., or the Crown Solicitor if the case be referred to the Infr. Crim. Ct., along with the other depositions. In every case the J. P. ma} ? , on the application of the accused, adjourn the preliminary examination for such reason- able time or times as to such J. P. may appear necessary to enable the accused to procure the attendance of any witness or witnesses for the defence. Every provision or requirement of the law now existing or hereafter enacted which applies to witnesses for the prosecu- tion shall apply mutatis mutandis to witnesses for the defence whose exams, are taken at the preliminary exam, and trans- mitted to the Atty.-Gren. or Crown Solicitor as hereinbefore provided (s. 36). Every witness required for the defence whose exam, has not been taken in manner aforesaid at the preliminary examn. and transmitted to the Atty.-Gen. or Crown Solicitor, shall be summoned by the accused at his own expense : — Provided, however, that if the presiding judge shall certify that in his opinion any witness so summoned at the expense of the accused has — (a) Given material evidence : (b) Spoken the truth to the best of his knowledge, ability, and belief : and (c) That a reasonable explanation has been given as to the non-examn. of such witness at the preliminary examn.: — the remuneration and expenses of such witness, together with the cost of summoning such witness, shall be allowed, and paid as part of the expenses of the prosecution. Supreme Criminal Court. 5 1 Ord. 4/85. This ord. shall not affect the infliction of capital punish- ~~ ; — ~~ raont in any case where cap. pun. would have been inflicted it' tocap.pna?" 1 this ord. had not passed: s. 40 repeals ord. L5, '83, and -.11, ord. takes effect 1 July'85. The ord. also repeals s. 3 of l, '72; s. 2 of 7, '65 ; part s. 1, do. ; s. 7 of 12, '77. 65 Ord. 12/77. When any person shall have heen, or shall be, referred for s ( l£ trial by any J. P. to the Supr. Grim. Ct., any judge or the i i Atty.-Gen. may, in his discretion, direct the trial of such , ; ,". j : ' '""• person to he had or take place before the next or any other session of any Infr. Ct., in which case the accused person shall be dealt with as if the original reference for trial had been to such Infr. Ct. This s. was necessitated by the constant neglect of the Mags. to avail themselves of their powers — if not duty — of referring cases within the jurisdiction of the Infr. Cr. Ct. to that Ct., instead of the Supr. Cr. Ct. Sec ord. 7, '72, s. 11. 78 The Supreme Criminal Court. S. 36 of ord. 27, '46 (amen led by s. 38 of ord. 1, '53), as well as s. 83 of 1, '53, is repealed by ord. 12, '77, and the following s. substituted. The Supreme Ct. of Cr. Justice of B. Gr. shall hold sessions s2 Sessions for delivering the jails in every year in each of the counties 0l ct- of Dem., Berbice and Ess., at the times and places follow- ing : — At the court house in Gr. Dem. on the dtli Tuesday in Demerary. Jan. ; on the 3rd Tuesday in April ; on the 3rd Tuesday in July ; and on the 1st Tuesday in Novr. At the court house at New Am., Berbice, on the 2nd Tues- Berbice. day in March ; on the 1st Tuesday in July; and on the 4lh Tuesday in Nov. At the court house Suddie, Ess., on tho 3rd Tuesday in Essequibo. Eeb. ; on the 3rd Tuesday in June ; and on the 3rd Tuesday in Oct. When any of the aforesaid days shall fall on a public b 8 When holiday, the session shall commence on the next succeeding J; x ; week-day not being a holiday, and may thence be continued as occasion may require. The Gov. may bv proelamation suspend or postpone any 9 4 GoT ;' s such session, or order and direct a crim. session to be held in aiteringaeaiana. lieu thereof at any other time or place within the colony, and he may at any time appoint a special session of the Supr. Crim. Ct. to be held at such place within the colony and at such time as shall seem to him fit, for the trial of offences e 2 Ord. 12,'77. 52 Supreme Criminal Court. wheresoever committed, within the colony or within the juris- diction of the Ct. s 5 One judge at Cr. Sessions. s 9 Where dis- charge or bail before trial. Ord. 17,'80, s. 15. Jail delivery in certain cases. Ord. 12,'77. S 10 Persons referred to Supr. Cr. Ct. may be referred to Inf. Cr. Ct. 79 Each session of the Supreme Ct. of Crim. Justice may be holden by or before any one or more of the Judges of B. G. sitting separately, in the same manner and with the same powers as any Judge of Assize, of Oyer and Terminer or Jail Delivery in Eng., or any Judge of the Supreme Ct. of Crim. Justice in this colony is wont to hold any crim. session. 80 The Chief Justice, or any Judge of the Supr. Ct., may dis- charge from impr. any person before trial, or admit to bail any person before trial, if it shall be made to appear to such Judge that such person ought in due course of law to be discharged or admitted to bail. Every person imprisoned under any order made on com- plaint of fear of bodily injury (summary procedure) shall be brought before the Supr. Crim. Ct. at every session held in the county in which such person is imprisoned, whenever the county prisons are delivered. "Indictment" includes a charge before this Ct., ord. 17, '80, s. 3. When any person shall have been or shall be referred for trial by any J. P. to the Sup. Crim. Ct., any Judge, or the Atty.-Gen., may, in his discretion, direct the trial of such person to be had or take place before the next or any other session of any Inferior Ct., in which case the accused person shall be dealt with as if the original reference for trial had been to such Inferior Ct. Ord. 21,'84. s 13 Court on detecting offences against Insolvency Ord. May commit offender for trial, under ord. 29, '50. 82 Where there is, in the opinion of the Ct. or Judge, ground to believe that the insolvent, or any other person, has been guilty of an offence which is by ord. made a misdr. in cases of insolvency, the Ct. or Judge may commit the insolvent, or such other person, for trial. For the purpose of committing the insolvent, or such other person, for trial, the Ct. or Judge shall have all the powers of a St. Mag., as to taking depositions, binding over wit- nesses to appear, admitting the accused to bail or otherwise. As to indictment, see s. 14 of 21, '8-i (Insolvency). Supreme Criminal Cotjbt. Ord. 12. '77. Every prosecution shall be in the name of the Atty.-Gen., fl ^~ and every indictment shall be filed with tho Clerk of the Ct. Sons. 84 Ord. 4,'85. S. 29 repeals s. 7 of ord. 12, '77. The registrar shall. 3 clear days at least before the actual s |2 ?° _ & i i i • i i i i c indictmenta in day of trial, deliver or cause to bo delivered to the keeper oi . .. the prison to which the accused has been committed to await his trial, a certified copy of tho indictment, to be by Mich keeper given to the accused forthwith if in custody, and when he calls for it on bail ; and for the purposes of this s. : — As to prisons other than the gaols of Or. and New Am., tho When bj delivery of such copy may be made to the keeper by trans- tcredl,: mitting the same in a registered letter by tho post in tho ordinary way, properly addressed to the keeper. Every receipt, purporting to be given by any of the officers r -°, """''P.t "» of the post office for any registered letter, shall be deemed envelope. prima facie evidence of the posting of the letter, addressed as described in such receipt on the day stated therein. A certificate under the hand of the registrar that a certified ]*!§enoeof " copy of an indictment was enclosed in such registered letter .,, . shall be deemed prima facie evidence that such copy reached the accused person against whom such indictment is filed. S. 31 repeals s. 3 of ord. 4, '72, and tho last clause (7 years, &c.) of s. 1 of ord. 7, '05. gg Ord. 12/77. When the jury in any crim. case shall have returned their s 15 Same jury ,. , J J . J -, .i i. • can try con- Verdict, the samo jurors may be sworn to try tlio next issue seC uUve cases. without being re-drawn— unless the Att.-Gen. or counsel for tho prosecution or the accused shall challenge such jurors, or any of them — or unless the Ct. shall otherwise order. 93 S. 50 of 27, '46 is repealed and replaced by the following B. : "A person accused of any offence may not less than 24 ■gJ5c^ed to hours before the day of trial plead in writing any matter of mayplead- law or fact, which he would be permitted to plead according to the law of England, whereupon the Att.-Gen., or counsel Ord. 12,'77. 54 Supreme Criminal Court. for the prosn., may at any time before the trial, join in demurrer, or demur, or reply as he may see fit, or the prisoner may j)lead the general issue, ore tenus, on his arraignment." 95 S. 35 of 1, '53 has been repealed by ord. 12, '77. 99 In case of indictments for murder or manslaughter, after inquest or coroner's inquiry, see s. 51 of 7, '87 (Coroners), as to how far report of (deceased) doctor who made the post mortem examn. is evidence. 101 Ord. 4 '85. s - 3 of or(1 - 4 > ' 72 is re P ea l e(i b Y s - 40 of or<1 - 4 > ' 85 - s 32 Indictable offences here- under to be treated as if under s. 104 of ord. 22, '62. Previous convic- tion proved by record or ex- tract therefrom on proof of identity. What is extract of conviction (indictable) (summary). Section is addi- tional, not sub- stitutional. The rules contained in s. 104 of ord. 22, '62 (Larceny), in relation to the form of the proceedings upon an indictment for any offence punishable under that ord. committed after previous conviction, shall, with the necessary variations, apply to any indictment for committing a crime as denned by this ord. after previous conviction for a crime, whether the crime charged in such indictment, or the crime to which such previous convic- tion relates, be or be not punishable under ord. 22, '62. A previous conviction may be proved in any legal proceeding whatsoever against any person by producing the record or an extract of such conviction, and by giving proof of the identity of the person against whom the conviction is sought to be proved with the person appearing by the record or extract of conviction to have been convicted. An extract of conviction in the case of an indictable offence shall consist of a certificate containing the substance and effect only (omitting the formal part of the indictment and convic- tion), and purporting to be signed by the Eegistrar of B. Gr., or by an officer of the Eegistrar's office : — And in the case of a summary conviction, shall consist of a copy of such conviction purporting to be signed by any clerk of any St. Mag. having jurisdiction over the offence in respect of which such conviction was made. The mode of proving a previous conviction authorized by this s. shall be in addition to, and not in exclusion of, any other authorized mode of proving such conviction. Supreme Celmixal Coii: i. 55 Ord. 4,'85. Where any woman is convicted of a crime or an indictable Jul _ . offence, and a previous conviction of a crime or an indictable ,„ ..' otfence is proved against her, any children of such woman ;|; ;',;;;;;; Under tin-' age of 14 years, and under her cure and control at fa the time of her conviction Eor the last of such Crimea or ^i'lio™ 1 " offences, who have no visible means of subsistence, or are without proper guardianship — shall be deemed to be children to whom the provons. of ord. 12, 'G8 (Reformatories) apply; and the Ct. by whom such woman is convicted or a St. Mag.) shall have the same power of ordering such children to be sent to an Industrial School as is vested in a Mag. by s. 16 of ord. 12, '68, in respect of the children in the said s. described. The tendency of modern opinion in England (in 1888) will be gathered ^^j,™ how from the following newspaper cuttings : — now regarded in "At the Bristol Assizes, Mr. Justice Mathew said that he was happy to Ln.-'lau'L say that Mr. Justice Day had come to the conclusion that for minor offences, either against person or property, sentences of long periods were inexpedient and unjust, as well as impolitic. He was glad tu think that that view was spreading largely among all charged with the exercise of judicial functions. There was at one time an opinion that the proper way was to go on accumulating punishment— that was to say, if a man were punished for larceny, or any other crime, he ought on subsequent convictions to be punished also for his previous offences, and ought to have a large extension of the punishment. A criminal now could not go long without having the vigilant eye of the police upon him, and there was little chance of escaping from justice. In dealing with the ease of D., aged 67 years, who pleaded guilty tostealinga pair of stockings, after several previous convictions and terms of seven and eight years' penal servitude, he said such sentences were unjust and absurd, and he sentenced her to only one day's impr., which meant her immediate discharge." "At Liverpool Assizes, five men convicted of robberies with violence were brought up for sentence. Mr. Justice Day, in sentencing them to be flogged, said the punishment was for their own good and the good of society. It made their impr. shorter, and he had it from those who ought to know that it reformed men more than anything else, for onco subjected to it they never returned to receive it again." [1888.] J_03 0rd - 32, '80. Whereas it is expedient to assimilate tho law of this Colony rrcambie. to that of England as respect persons who, when convicted of treason and felony, hold in this Colony any Crown, colonial, or other public offices or appointments, military, naval, eccle- siastical or civil : — Or who hold any liko ptiblic offices or appointments, the duties of which are lobe performed out of this Colony, but the salaries or remuneration attached thereto are, or is, in any way derived from this Colony : — 56 Supreme Criminal Court. Ord. 82,'80. S 1 Specified convicts (treason or felony) hold- ing office in and paid by Colony, or out of and paid by Colony, or pensioner paid by Colony. Office vacated : pension stopped, unless pardoned within four months. Incapacity to hold office till sentence ex- pired or par- doned, or exercising franchises, or sitting in Ct. of Pol., &c. S 2 "WidoTvs and orphans ex- cluded from ord. 3, '73. Or who are entitled to any pension, superannuation allow- ance, or other emolument payable out of any Crown, imperial, colonial, or other public fund in any way derived from this Colony : be it, &o. If any person (hereafter convicted of treason or felony, for which he is sentenced to death (but is reprieved), or to penal servitude, or to any term of impr. with hard labour, or excdg. 12 months) at the time of such conviction holds in this Colony any military, naval, or civil office, or any eccles. office or benefice, or any other public appointment under the Crown or the Govt, of the Colony (the salary or remuneration attached to which, or any part thereof, is in any way derived from this Colony) : — Or who, at the time of such conviction, holds any like public office or appointment, the dutiee of which are to be performed beyond the limits of the Colony, but the salary or remunera- tion attached to which, or any part thereof, is in any way derived from this Colony : — Or who, at the time of such conviction, is entitled to any pension or superannuation allowance or other emolument (payable as a whole or in part out of any Crown, imperial, colonial, or other public fund in any way derived from this Colony) : — Such office, benefice, employment, or place shall forthwith become vacant, and such pension or superannuation allowance or emolument shall forthwith determine and cease to be payable : — Unless such person receives a free pardon from Her Majesty within 4 months after such conviction, or before the filling up of such office, benefice, employment or place, if given at a later period : — And such person shall become and (until he has suffered the punishment to which he is sentenced, or such other punishment as by a competent authority may be substituted for the same, or receives a free pardon from H. M.) shall continue thenceforth incapable of holding in this Colony any military or naval or civil office, or other public employment under the Crown or the Govt, of the Colony, or any eccles. office or benefice ; or of being elected or sitting or voting as a member of the Ct. of P., or of the College of Financial Representatives or of the College of Kiezers, or of exercising any right of suffrage in the election of members of either of the said colleges, or of any municipal body, or any other electoral franchise whatever within the Colony of B. G. Neither the widow nor any child of any person whose office, benefice, employment, or place becomes vacant under the provisions of this ord., shall have any claim to a pension Supkeme Criminal Court. 57 Ord. 32/80. under the provisions of ord. 3, '73, or any interest in the widows' and orphans' fund by that ord. established. In case any person hereafter convicted (&c. as in s. 1). . . . s 3 N^n-estab- months is at the time of such conviction attached to or con- body drawing nected with any religious body (other than the Church of P ublicm ' Eng. or the Ch. of Scotland) in this colony, to which any moneys granted by the combined Ct. from and out of tho public funds of this colony are payable : — And in case any part of the moneys so granted at the time out of which of such conviction is applied by such religious body directly ^Luy, or indirectly towards paying the salary of, or towards the maintenance of, or in any way whatsoever for the benefit of the person so convicted, or of any member of his or her family : — Such religious body shall forthwith take steps by depriva- *? deprive con- ,. j- ■ i ,1. / ,i • \ vict of nil salary, tion, dismissal or otherwise (as trie case may require), to & c . prevent any part of the moneys so granted being applied from and after such conviction directly or indirectly towards paying the salary of, or towards the maintenance of, or in any way whatsoever for the benefit of, the person so convicted, or of any member of his or her family. In case of non-compliance by any religious body with the s 4 Punishment requirements of s. 3, no item for the payment from and out body nol of the public funds of this colony of any moneys to and for complying, the use of such religious body, shall, so long as this ord. is in force, be placed by the Gov. upon any estimate submitted to the Combd. Ct., when ord. 11, '75 or any subsequent ord. of a like nature is about to or does expire, and the Combd. Ct. is about to consider what provision (if any) shall then be made for the maintenance of the ministers of the christian religion of this colony. 109 Ord. 17,51, Jurors. s,9 ~ The no. of jurors to be summoned at each sessions of tho £™I^' I ',, , ' i ','< u,:! Supr. Ct. in Dem. and Ess. respectively, and the rotation, jointly to apply times, mode, and manner of summoning said jurors, shall be Se^parately. the same as those provided for the counties of Dem. ami Kss. jointly by ord. 26, '46. S. 10. was repealed bys. 38 of 1, '53— [s. 9 was omitted in "the Laws," '77.] 58 Ord. 9,'79. s 2 Jurors' expenses. Unl. 17, '52, s. 3, no longer applies. s 1 Jurors' remunerution- tmvelling. Jurors. 113 S. 3 of ord. 17, '52, in so far as the same relates to the amount to be paid to jurors attending the Supr. Cts. of Crim. Justice for their travelling expenses, is hereby repealed ; but such repeal shall in no way affect the amount to be paid to witnesses, and the rates to be allowed to witnesses for their travelling expenses shall continue to be regulated by the said section. Every juror attending any session of the Supr. Ct. of Crim. Justice, for each day during which he shall so attend as a juror, shall be allowed, after the close of each session and after his account has been duly taxed, the sum following (that is to say) : — Where the juror resides at or within half-a-mile of the city of G., the town of New Am., or Suddie, the sum of $1- Where the juror resides at any place situate at a distance greater than half-a-mile, and not excdg. 5 miles from, &c. (as above), a sum not excdg $2. Where the juror resides at any place situate at a greater distance than 5 miles from, &c. (as above), a sum not excdg. . .$2.50. Provided always, that no sum excdg. $1 for each day's attendance shall be paid to any such juror unless he proves to the satisfaction of the taxing officer that such larger sum has been necessarily expended or lost by him by reason of his attendance at the said Cts. N.B. — S. 3 of 17, '52 is repealed by s. 2 of 9, '79, as to jurors, and made apj>licable to witnesses only. MAGISTERIAL LAW Of BRITISH GUIANA. 123 Administration. The Administrator General's Ord. '87 ; 15, '87. The Administration Ord. '87 ; 17, '87. The early part of this ord. provides for the appt. of officers ; ss. 3—10 Ord. 15/87. provides for the admon. of unrepresented estates (defined in s. 11, inserted below, s. 40), and unclosed estates (s. 14), by the A. G., who cannot be apptd. exor., &c. (s. 12), nor (s. 13) substituted without leave of the Ct. ( ss . H—14) :— the general duties and powers of the A. G. are laid down, es. 15 — 35, and where a trust is administered by others, ss. 36 — 37. (As to repeal of Ord. 8, '65, &c, see s. 125, post.) Where the death occurs in G. or New Am. of any person s 35 Report of possessing property, the proprietor, tenant, or occupier of the eat house in which, or of the premises on which, such death occurs shall be bound, within 24 hours after any such death comes to his knowledge, to report the same at the office of the Admor. Gen. in Gr. (or New Am. as the case may be), on pain, in default, of being guilty of an offence (summary) : — Fine not excdg. $24. Where the death occurs in any part of the colony other than s 39 (Rural). G. or New Am. of any person possessing property, the pro- prietor, tenant, or occupier of the house in which, or of the premises on which, the death of any such person dying intest. occurs, shall immy., and in the presence of two of the nearest relations or neighbours of the deceased, if there be any such, and if there be not any such, then alone, seal up the property and effects of the deceased, and forthwith give notice thereof to the nearest J. P., on pain, in default thereof, of being guilty of an offence (summary) : — Fine not excdg. §24. Every J. P. on receiving informon. of the death of any such s 40 J. P. to person dyiug intest, in the country within 5 miles to his resi- ™£ kemve dence shall immy. repair to the house in which, or to the premises on which, the deceased has died, and ascertain whether or not the estate of the deceased falls under any of the defns. of an unrepresented estate [see s. 1 1 below] : and in the event of the estate of the deceased being unrepresented, 62 Magisterial Law. Ord. 15,'87. s 11 Dcfin. of unrepresented estates. s41 J. P. to secure will in absence of exor. he shall cause an inventory of tho movable property left by the deceased to be made, or such property to be sealed up as far as practicable, and shall place a person in charge of such estate, and shall forthwith transmit such inventory, with an account of tho death, and a statement of the measures token by him, to the Admor. Gen., who shall pay to such J. P. on sale of the estate all expenses by him incurred. (a) The estate of every person who is absent from the colony, and who is not represented by any attorney or agent in the colony. _ (b) The estate of every person who dies intestate, and whose estate is not adiated and taken possession of by the heir, or by the attorney or agent of such heir. (c) The estate of every person who dies testate, but without appg. an exor., or whose exor.. if appd., neglects, refuses, oris unable to act, or whose heir repudiates the inhance., or fails to adiate the same. _ (d) All immovable property belonging to any absent owner who is not represented by any attorney or agent in the colony. (e) All goods, wares and merchandise sent on consignment to any person whose estate is unrepresented. (f) All other estates, property and effects, which, not falling under any of the foregoing descrpns., are unrepresented: but nothing in this ord. shall require the Admor. Gen. to administer to the estate or effects of any officer or person dying in the naval or military service of H. M., and subject to the articles of war, or of any deceased seaman or apptice., for the admon. of whose estate and effects pro von. is made by any act of the Imperial Parlt. Upon the existence of any last will and testament, or other testy, dispon. of any deceased person who shall be considered to have died intestate, coming to the knowledge of any such J. P., and if the exor. to said last will, &c, entitled to posses- sion of the same is not present, such J. P. shall endeavour to obtain possession of the same, and forthwith transmit the same to the Admor.. Gen. See cases on s. 44 of repealed ord. 8, '65, at p. 8. Every person who : — (a) removes any property belonging to the estate of any deceased person from the house where such person died without the permission of a J. P. or Admor. Gen. : — (b) obstructs or molests any J. P. acting tinder the provns. of ss. 40, 41, or [any] person placed in charge : — shall be guilty of an offence (summary) : — Fine not exedg. $50. s 42 Custodian of will of de- ceased to ex- hibit it. Upon the death of any person who leaves a last will and test., codicil, or other testy, dispon., the exor. to the same, or the person in whose possession the same may be, shall be bound, within 14 days after such death, to exhibit such last will, &c, to tho Admor. Gen., and within 14 days as afsd., to deposit, the Ord. 15/87. Administration. 63 same in the Regr.'s office (Dem. and Ess. or Berb., as the case may require), on pain in defaull of both or either of Baid .■•■ within the time afsd. of being guilty of an offence (summary) : — Fine §5 — 24 for each of such defaults; and in the event of any such person continuing in default after being convicted under this s.. farther penalty of $2 for each and every day that he shall he in such default. The Admor. Gen., by himself or by any person authd. by s43 I,iv <- n - him in writing, shall make in duplicate in the prescd. manner in the presence of two witnesses a full and articulate inven- tory of all the property of every estate which comes into his possession in any manner whatsoever, and every such inventory shall be signed in duplicate by the Admor. Gen., or the party Signed, authd. by him as afsd., and by the witnesses afsd. One of such duplicates shall be deposited as of record in the Reg.'s office, and the other duplicate shall be kept by the Admor. Gen. No affidavit of exon. shall be required with respect to such Proof of exon. deposit and inventory. Where any property of any estate is delivered by any person Correctness to the Admor. Gen., such person shall ackge. in writing the ack = ed * correctness of the inventory taken thereof, or state thereon his objections thereto. If such person is unable to write, he shall procure the assistance of some person able and willing to write the neces- sary statements on his behalf. Any such person refusing or neglecting without reasonable When refused, excuse so to do, shall be guilty of an offence (summary) : — Fine not exedg. §50. The Reg. shall record, in a book to be kept by him for that ppose., the s 44 Registra- name of the estate, the date of the inventory, and the date of the deposit, tlou " and shall record, on the duplicate inventory kept by the Ad. G., a cert, that the said inventory has been duly filed in the Reg.' 8 office. The fee for such record, deposit, and cert, shall be §1. Then follow special provisions with respt. to absent owners, ss. 45 — 4G ; proceedings where persons intd. are under disability, s. 47: proceedings to realise an estate, ss. 48 — 62 ; do. where persons claim adverse rights, s. 63; calling up creditors and proof of debts, ss. 64— 68 ; appeals, ss. 69 — 70 ; distribution of an estate, ss. 71 — 78 ; investments, s. 7 closing estates, ss. 80 — 83 ; accounting, ss. 84 — 94 ; commissions and f< ss. 95 — 98 ; contingency fund, s. 99. The Admon. of Small Estates. Where, in the opinion of the Admor. Gen., the asseta of an slOO "Small estate do not exceed in value §240, the estate shall be deemed eatato " to be a small estate, and shall bo dealt with in a summary way. 64 Magisterial Law. Ord. 15,'87. s 101 to be realised. s 102 Em- ployer of ims. to report death, s 103 and make inventory of his property. 8 104 Inquiry as to property. 8 105 Ord. 2, •87 to apply. s 106 Sum- mary sale. s 107 Balance of im.'s pro- perty. s 108 Real property. The Admor. Gen., without any previous legal formality, shall enter into and take possession of small estates and realise the same. The employer on ivhose pi. or premcs. or in whose service any im. labour// not under ind. dies, shall, without delay, notify in writing the decease of such im. labourer to the Admor. Gen. : — Under a penalty of §24 in case of default, to be recovered under the summary jurisdon. ord-. The employer on whose pi. or premes., or in whose service, any im. labourer not under ind. dies shall, with the notifon. of his decease, and under the like penalty in case of default, transmit to the Admor. Gen a Bhort inventory in writing, duly signed by such employer, of all the goods, chattels, personal effects, wages, and other assets which, to the knowledge of the employer, belonged or were due to such deceased im. The Admor. Gen. shall make inquiry whether the deceased im. possessed other effects or property of any kind, and in case of any such being discovered by him, he shall prepare a short inventory thereof. Where the im. dies under ind. the provisions of the Im. Ord. 2, '87 shall apply. The Admor. Gen. shall cause the goods, chattels, and effects belonging to a small estate to be sold in a summary way ; and all such sales may be made at any place which may be deemed suitable and convenient, and either with or without previous advt., except articles of jewellery or of gold or silver apparently exceedg. in value $50, which shall be sold after previous advt. All balances belonging to the estates of ims. shall be paid over forthwith by the Admor. Gen. to the Eec. Gen., who shall give notice thereof to the I. A. G., in order that the heirs of such ims. may, if possible, be ascertained without delay. Immoveable property belonging to a small estate shall be sold in the manner prescd. Then follow provisions as to the acquittance and release of the Admor. Gen. in respect of his intromissions, ss. 109 — 111 : the making, gazetting, ire, of general rules [which were duly made and came into operon. on 1 July, '871, s. 112: applon. to the Ct. of Ad. Gen. for directions, ss. 113 — 114 : register of trusts, s. 115: continuation of existing officials, s. 116; trusts and fee funds continued under this ord.; closing of 1 p. c. fund under ord. 8, '65, s. 117: disposal of unclaimed moneys, ss. 118—122. S 122 State- ment of un- claimed moneys. On or before 10 Jan. in each year the Col. Eec. Gen. shall prepare a statement of every balance and divd. which has been previously deposited in the colonial chest [under s. 118, as unclaimed j and which shall remain unclaimed and un- prescribed, and such statement shall be gazetted 3 times Administration. fi5 Ord. 15/87. beforo 31 March in each year, during 5 successive years in the case of balances and divds. not exedg. $50, and during 10 successive years, &c, exedg. that amt. All persona having airy right, title, or int. in and to any such balance or diva. shall be called upon to make claim for the samo within 20 Limitation. years from and alt er the day of such balance or divd. being deposited in tho Colony chest, and such date shall be expressi I and set forth in such notice During the month of April in each year the Govt. Sec. sl23 a shall send a copy of the 0. G. containing such statemenl to Se£&! the Crown Agent for the Colonies in order that the same may be deposited in their office for public inspection in England, and that notices thereof may be published in the London Times, or some other leading newspaper, in such manner as the Gov. shall direct. In like manner, notices of all balances appertaining to the ( " In,lil 'immi- estates of Indian ims., or of divs. awarded to such ims., who may reasonably be presumed to be dead, shall be forwarded to the Emigration Agent for the Colony in India, to be there notified in such manner as the Gov. shall direct. "Where in any ord. any of the following terms occur: — s 124 "Ad. " Admor. Gen. of Dem. and Ess.," " do. of Berbice," or "the « e d n -' ,lulderthi3 Admor. Gen. of B. G.," or words to the like effect: — they shall be construed to mean the Admor. Gen. appd. under this ord. Ord. 26, '55 — so much of s. 147 as enacts that when a pi. m cultivation s 125 lVpeal— is levied upon the Ct., or Chief Justice in non-session, shall appi *"■ *■ Ad. Gen. to be a sequestrator. The whole of ords. 8, 'Go, 10, '66, and s. 9 of ord. 18, '80. The repeal to be without prejudice to anything doue, any right, «!cc. acquired, penalty, &c. incurred, or proceeding', &o. iustituted before 1 July'87, the date (s. 125) of the operation of the ord. Ord. 11, '82. " The Adulteration of Food and Drugs Ord. '82." a i t,h, [38 & 39 Vict. c. G3, and 42 & 43 Vict. c. 30.] " Food"=every article used for food or drink by man other s 2 Definitions than drugs or water. [Baking-powder has been held not to be " food " in England.] "Drug "=medicine for internal or external use. "Analysis "=examination by means of tho microscope or other instrument. No person shall— *"/. (a) Mix, colour, stain, or powder: — or order or permit any other person to mix, &c. : — Any article of food with any ingredient or material, so as to v. F Ord. 11, '82. Selling. Tampering with drug-. Selling. Punishment under s. 3. S iving clause as to sales. s 4 Pule of in- ferior, &e. arti- cles of food or drugs. 66 Magistemal Law. rm der the article injurious to health, with intent that the same may bo sold in that stale: . , (b) AV// ony smcJ «>■//<■/<• .so »m;«*, coloured, sfcwnerf, oj *° W (mpnunded . v J , ■ -, J ■ ' undo is mentioned. (5.) Where the food or drug is considerably mixed with some extraneous matter in the process of collection or preparation. ' The language of the Imperial Act is "unavoidably," not "con- Butter-milk, siderably " — and it has been held that the sub-s. protected a person who sold butter-milk mixed with water, as water was necessarily added in process of manufacture. (Lumley.) (6.) Whero the food or drug was entrusted to some person Altered at for sale or delivery, and was without the knowledge or consent of &£*$ the person by whom it was entrusted, altered, or permit ted to be altered. Any person who being entrusted with any article of food or ^ 5 v 'V :di ^. f " T drug alters the same, or permits it to be altered, so as in- juriously to affect its nature or its substance or its quality: — with intent that the same may be sold without nonce in its altered state : Fine— $50. By s. 15 the onus probandi as to exceptions, &c. is thrown on deft. English Decisions. When the seller of an article brings to the purchaser's knowledge Purchaser's the fact that the article sold to him is not of the nature, quality, or prejudice. substance of the article which he demands, the sale is not to his prejudice within this s. The purchaser may purchase the article by an agent. Agent. Proof of mens rea does not appear to be necessary. Lard adulterated with 15 p. C. of water is noi lard. Where the purchaser asked for cream and was supplied with cream al Cream. Id. per gill, which was found on analysis to have been diluted with 34 p. c. of skimmed milk, and it was proved that the seller ha 1 for sale a superior quality of cream diluted with less skimmed milk, which he sold at a higher price, it was held that the seller had not o tmmitted an offi in selling the inferior cream at a lower prio Where the only evidence waa the report of the public analysl that Milk, milk had been diluted with 27 p. c. of added water, and the Mag. dismissed the charge, the Ct. refused to interfere, holding that it \\ <■ question of fact whether, taking into consideration the whole circumstam ea q U i sti ■ of the case, the article was not of the nature, quality, and substance demanded by the purchaser. F2 68 Magisterial Law. Ord. 11, '82. s 6 Bale of compounds. S 7 Saving clause, where notice of mixture given. Label. Coffee and chicory. Verbal notice. s 8 Abstracting ingredients. Selling in such condition. An inspector who asked for "milk" was supplied with skimmed milk, which by reason of being skimmed was deficient in butter fat— held no offence committed. , The s. same as s. 4 of ord.) applies not only to sales of adulterated articles, but also to cases where the article sold is not adulterated biit wholly dill, nut from that demanded: for example, when savin is delivered for saiiron. (Luinley.) Subject to the provisions of this ord. : — No person shall sell any compounded article of food, or compounded drug, which is not composed of ingredients in accordance with the demand of the purchaser. Fine not exceeding $50. No person shall be guilty of an offence under this ord. in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, weight, or measure, or conceal its inferior quality : //; at the time of delivering such article or drug, he supplies to the person receiving the same notice distinctly and legibly written, printed or stamped, with the article or drug, and to the effect that the same is mixed. (See s. 20 as to false label.) The English Act runs — " notice by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed." Where a label was used stating that an article purchased as coffee was a mixture of coffee and chicory, on analysis the coffee was only 60 per cent., and the Maps, found that the chicory was used fraudulently to increase the bulk, the Ct. held that they were right. The Mag. must find whether the chicory is fraudulently intended to increase the bulk, and if he so finds he must convict. A sale, however, of a mixture represented to be of coffee and chicory, when there was only 30 or 50 per cent, of coffee, was held not to be an offence. Notice may be given verbally at the time of sale as well as by label. It is sufficient to give notice that an article is mixed, without stating the ingredients or proportions. (Lumley.) No person shall — with intent that the same may be sold without notice (s. 7) in its altered state — abstract from an article of food an;/ part of it, so as to affect injuriously its nature, or its substance, or its quality: — No person shall sell any article so altered ivithout making disclosure of the alteration : — Fine, in each case, not exceeding §50. s 9 Analysts. The Gov. may, from time to time, appoint any person or persons possessing competent skill and knowledge (and not Adultekation— Food, &c. Ord. 11, '82. directly or indirectly engaged or interested in any trade or business connected with the sale in, or importation into, or exportation from, this colony of food or drugs) to be Govt. analyst or analysts of all articles of food and drugs sold in this Colony, and may, at his pleasure, cancel any such ap- pointment. Any purchaser of an article of food, or a drug, shall be s 10 Analysis, entitled, on payment to a Govt, analyst of a fee [according to a scale to be approved by the Gov. and published in the ( Hi'. Gazette) to have such article or drug analysed by such analyst, and to receive from him a certificate of the result of such analysis (form in schedule, s. 14; as to evidence, s. L5). Any Govt, medical officer, any com. of taxes, any sanitary sii Waomay inspector, the Inspr.-Gen., and any inspr. of police, and any g^da police constable : — (Subject to obtaining "fiat" of higher authority — see s. 12):- May procure any sample of food or drug : — Or may procure, at the place of deliveiy, any sample of Milk, milk in course of debvery to a purchaser or consignee : — And if he expects [? suspects'] such sample to have been Analysis. sold contrary to this ord., may procuro the same to be analysed by a Govt, analyst. Upon anv such officer or constable as aforesaid (s. 11) sl2Befu8al i • . i j- 7 j- * i j i to sell sample to applying to purchase any article of Jood or drug exposed or oiucer. offered for sale by retail in any shop, or store, or premises : — or in any street or place of public resort: — Or any milk in course of delivery : — And tendering a reasonable price for the quantity which he requires for the purpose of analysis : — If the person exposing or offering for sale: — or having power to sell: — or having the charge of: — any such food, drug, or milk as aforesaid, refuses to sell the quantity required to such officer or constable : — Fine not exedg. $50. In exercising the powers given by tin's s. a police constable Whorequira shall comply with the directions of tho Inspr. under whose higherautho- immediate command ho may be, and any other of the officers ' aforesaid shall comply with the directions of the Govt. Bee; but non-compliance with such directions shall not affeel the g ^ff nc*^ validity of any act, or afford any defence to proceedings under this s. The English Act, s. 13, runs "tinder the direction and at the oobI of the local authority appointing such officer," &c, but the ord. is silent as to finding of the costs of the purchase. 70 Magisterial Law Orel. 11, '82. s 13 Sample isi 1 by offlcei analysis. Noti analysis, and offer hi Beller— pted, Jrd to analyst and i aoJ cd. It' declined, ■whole to analyst. Re-delivery of .'. to purchaser. The person purchasing any article of food or drug — with. the intention of submitting the same to analysis — shall, after the purchase is completed, forthwith notify to the seller (or hisagenl selling the article) his intention to have the same analysed : — And shall oiicr then and there to divide the article or drug, in the presence of such seller (or agent) into three parts: — each part to be marked and sealed or fastened up in such manner as its nature will permit : — and, if such offer is accepted, shall proceed accordingly, and deliver one of the parts to the -Her (or his agent). He shall afterwards retain one of the said parts for future comparison, and submit the third part (if he deems it right to have the article analysed) to a Govt, analyst. If such oiler is not accepted, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts, and shall cause it to be delivered, either upon receipt of' the sample or when he supplies his certificate, to the purchaser, who shall retain the for production in case proceedings shall afterwards be taken in the matter. The person purchasing, or his agent. Where a sanitary inspector purchased by his agent, and then himself entered the shop and gave notice, &c, under s. 14 of the statute (s. 13 of the ord.), it was held that this was a sufficient compliance with the Act. The provisions of this b. apply to a purchase by a private person, as well as to a purchase by a public officer. On a purchase of a pint of milk, completed by payment, the purchaser told the vendor that he intended to have the milk analysed, and offered to divide it with the vendor — which offer was refused. It was held on appeal that the provisions of the s. had been sufficiently complied with. ''To the seller or his agent." — A railway porter delivering milk on arrival at a railway station is not the vendor's agent. It is not enough to notify that the article is for analysis simply, must be given that the analysis is to be by the public (i.e., Govt, under li oalyst. This s. does not apply to milk. (Lumley.) S 14 Certificate of analyst. s 15 Summary oll'enees. A Govt, analyst, after completing an analysis under this ord., shall give a certificate of the result of such analysis Lule, varied as necessary) (see s. 15). Every act or default in respect whereof a penalty or impr. is imposed by this ord. (not expressly made a misdr. by this ord.) shall be an offence punishahle on a summary juris- diction. The English statute provides a limitation, "a reasonable time"; and in the case of a perishable article not exedg. 28 days ; but the ord. is silent on this point. Adulteration — Food, &c. 71 Ord. 11/82. At tlio hearing of any information or complaint of an .- offence against this ord., the production of a certificat Bigned by the analysl without proof of the signature or official character of the analyst) .shall bo sufficient evidence of the fact therein stated: — unless the deft, requires thai the Deft, may have analyst be called as a witness. ' ::cd - The parts retained by the purchaser shall be produced Production of (s 13^ The deft, may, if he or she thinks fit, tender himself and Deft, and ■wife his wife, or herself and her husband, to be examined on his evidence or her behalf, and either or both of them shall, if he or she so desire, be examined accordingly. If no evidence is tendered by the deft., the Mag. must act on the certificate and convict. (Lumley.) Where the fact of an article of food or drug having been Exception- sold in a mixed state is proved, if the deft, desires to rel; upon any exception or provision contained in this ord., it shall be incumbent upon him to prove the same. If the deft, in any proceedings for selling contrary to this s 16 When ord. proves (a) that he purchased the article in question as ^'enti^lum the same in nature, substance, and quabty as that demanded to acquittal, of him by the complt., and with a written warranty to that effect ; (b) that he had no reason to believe at the time when he sold it that the article was otherwise ; and (c) that he sold it in the state in which he purchased it : — An invoice describing an article as lard, when the lard was adulterated with water was held not to be a warranty (3 Ex. D. ?0'J). A written contract to supply new and pure milk is not a warranty within this s. (English Statute.) (Lumley.) He shall be liable to pay the costs incurred by the complt. orpaymentof (unless he gave him reasonable notice that he would rely on C0SlS0Dl J'- this defence); but (except as to such costs) shall be dis- charged from the proceedings. Any person who forges, or utters knowing it to be forged, any s 17 Forgery. certificate of the result of an analysis under this ord. : — or, with intent that the same shall be used for the purposes of this urd., any written warranty : — ilisdr. — impr. with or without h. 1. not exedg. 2 years. Every person who wilfully applies to w hand, require such person to reside within any district of the colony therein specified : — Any such person who does not conform to such requirement shall be guilty of an offence (summary) : — Impr., with or without h. 1., not exceeding 3 months. 149 Bread. Mendes v. Layton (27 Jan. '83). Ord. 18, '50, Ord. 18, '50, s. 5 — Carrying out bread for sale by a servant ' without beam and scales. The spirit of an The appelt. is a baker of bread, and supplies various retail ei '"'" shops under contracts, and the bread now in question was being conveyed from the place where it was made to one of these retail shops. It had been sold already to the retail dealer, and was not being convened or carried out for sale. It was thus not within the terms of the enactment, nor was it within its spirit, for the retail dealer is bound by the imme- diately preceding e. of the same ord. to have beams, scales and weights in his possession, and to weigh out the bread to his customers. — Conviction reversed, with costs. (Chal- mers, C. J.) Ord. 7/77. S 2 Definitions. s 3 Ni intention to brand. s 4 "When per- son unable to ■write, police to till up notiee. s 5 Police re- ceipt. Register of brands. S 6 Refusal of notified brand. 7G Magisterial Law. 153 Cattle. "The Cattle Ord. '77." " Cattle "= any horse, mare, gelding, colt, or filly -any mule or ass, whether male or female :— any bull, cow, ox, heifer, steer, or calf:- any ram, i we, Bheep, or lamb: — and any goat or kid, whether male or female. No person shall brand with any brand, or shall mark with any mark likely to be permanent, any cattle until the expira- tion of 11 days after he shall have caused to be given, at some police station, a notice under his hand (form A., Schedule) specifying the brand or mark which such, person intends to use for the purpose of marking ishe cattle belonging to him, or in his custody or under his control, and further specifying on what part of the body of the animal he intends to place such brand or mark. Such notice shall stato the place of residence of the person giving the notice. If any person who shall desire to give the notice hereinbe- fore required is unable to write, he shall state verbally to some member of the police force at a police station who can write, the particulars necessary to enable the member of the police force to fill up such notiee, and such member of the police force shall, without any fee, fill up or write such notice, and after reading over the same to such person shall require such person to put his mark thereto, and shall then date and sign his name to such notice as a witness to such mark. Every member of the police force who shall receive any such notice shall give a receipt for the same (form B., Sched.) to the person giving such notice, and shall at once forward the same to the Inspector Gen., who shall cause a register of brands and marks for cattle to be kept for the whole colony. Such register shall be termed " the register of brands," and may be in such form as the Insp. Gen. shall deem con- venient. If on receiving any such notico the Insp. Gen. shall con- sider that the use of the brand or mark specified in such notice would be inconvenient or cruel, or likely to give rise to error or mistake, ho shall cause to be served at the place of residence mentioned in such notice an intimation under his hand that such brand or mark is not to be used, and there- upon the person giving such notice shall be bound to select for his use some other brand or mark, and to give notice thereof in the manner hereinbefore prescribed. Cattle. 77 Ord. 7/77. ■ 7 Ofl Every person shall be guilty of an offence : — (1) Who shall brand with any brand, or place any murk \' ^'" a likely to be permanent on any cattle, before 11 days shall haer before 14 days elapsed after he shall have caused to he given at some police '" station the notice hereinbefore required : or, (2) Who shall brand, or marl- in any manner likely to < ; r brand permanent, any cattle with any brand or mark, other than the onenota brand or mark specified in the notice given by him : or, (3) Who shall brand or mark, with any brand or mark 8 Branding on likely to be permanent, any cattle, on any part of the animal tfa^oaenottfiad. other than the pari specified in tho notice given by him : or (4) Who shall use any brand or mark, after an intimation i Using noti- from the Insp. Gen. shall have been served at the place of ! ! ',! 1 h, , l ,"l 1 1 ?. f if„ r •*-..- , , in* 1 t *t.*l«t*l OI oft Til C« residence mentioned in the notice given by him that such brand or mark is not to be used: — Fine $25. The proof that tho notice hereinbefore required was duly given, and of Onus prdbandi. the time when such notice was given, shall be on the person proceeded against under this s. Provided always, that the production of the receipt for the notice pur- Police receipt porting to be signed by any member of the police force, shall be prima ( s -&)- fade evidence that such notice was given at the time stated in such receipt. (Cp. s. 13, infra.) Ever} 7 person who shall, unlawfully and with intent to de- s 8 Illegal and fraud, brand with any brand, or place any mark likely to be brandni^ 4 permanent on any cattle, shall bo guilty of a misd. : P. s. 5 years, or impr. with h. 1. not exedg. 2 years. Every person who shall slaughter, or cause to be slaughtered, s 9 skins of 7 ,7 ,7 ,i j*r t . i n animals slanifh- in any place other than the (jr. market, any hull, cow, ox, Bteer, teredelse 1 heifer, calf, ram, ewe, sheep, lamb, goat, or kid, shall be bound tii:m m o. to keep the skin of. such animal for 48 hours after such animal shall have been slaughtered, and shall, during such time, be bound to produce such skin to any member of the police force or constable who shall require to see the same ; and Every person who shall neglect or refuse to produce the skin Non-nroduction of any such animal which he shall have caused to be slaughtered to any member of the police force, or constable requiring to see the same within 48 hours after such animal shall have beat slaughtered, shall be guilty of an offence: — Fine $25. Every member of tho police force and constable may, at any s 10 : J , • 1 • "U 1 1 11 1 i ,,; 1 tlon - time, enter on any premises on which he snail navo cause to believe that any bull, cow, ox, steer, heifer, calf, rani, ewe, sheep, lamb, goat, or kid, shall be about to be slaughtered, or Ord. 7,77. s 11 I ■ ifos to be mainta S 12 Police may stop per- BOna ilriviii 78 Magisterial Law. shall have been slaughtered, and may examine all such animals, and the carcases and skins of all such animals found thereon. Gates shall be maintained across the bridges over the Mahaica, Mahaicony, Abary, and Canje creeks, and such gates may be kepi closed and fastened from 6 p.m. to 6 a.m. : — Provided always, that due provision shall be made for allowing all persons, who shall have lawful occasion so to do, in pass through such gates at all limes. Every member of the police force and constable may stop and detain any person driving any bull, cow, ox, steer, heifer, EtUUB Ull\ UXK , rt v L 111 1. 1*1 cattle, and make or calf, or any ram, owe, sheep, or lamb, or any goat or Kid, miuines. alon^- any public highway or road, and may require such per- son to give to him full information as to the place from which and to which such animal is being driven, and as to the name and residence of the owner thereof; and may arrest every such person who shall refuse or neglect to give full or satisfactory information as aforesaid, and may detain such person in custody until he can be brought before a Sp.* J. P., and may detain every animal found in the possession of such person. Any extract from the register of brands kept under the provisions of this ord., if the same shall purport to be certified under the hand of the Inspr. Gen., or of any Inspr., shall, without proof of the signature, be received in all Cts. of Justice as prima facie evidence of the facts therein stated. Procedure under ords. 19, '56, and 5, '68, and ords. amending same, including review. Every Sp. J. P. shall have jurisdiction to hear and determine any complaint brought to enforce the payment of any penalty under this ord. s 13 Extracts from register (s. 5) evidence. sl4 Ord. 6,'76. S 1 What coins arc illegal tenders. 21 Sept/87. Jubilee coinage. 165 Coins. From and after 22 Aug.' 76 no tender of payment in Spanish, Mexican, or Columbian silver coins, called " dollars," shall be deemed, or taken to be, a lawful tender, anything contained in any law, ord., or proclamation in anywise to the contrary notwdg. S. 2 provided for the exchange of all such coins on or before 22 Aug.'76. < Hlicial notice of new coinage, £5 piece, £2 piece, sovereign, half sovereign, crown, florin, shilling, sixpence, and Queen's Maundy monies [4r/., 3d., \d.~], and a new coin, "the double florin," value As., or one-fifth of a pound. Semble misprint for St. J. P. Companies. 79 Ord. 10/77. 166 Companies. " The Companies Clauses Ord. '77." Part I. s. 3. Definitions; incorporation of ord., 88. 4—6. Part II. The distribution of thecapitalof the co. into shares, ss. 7 14; byB. 13 a certificate of the proprietorship of a share, with the common si co. affixed, is ridence of the title of the shai Part III. The transfer or transmission of shares, ss. 15 IV. The payment of .subs, and the means of enforcingthe paymeni of calls; s. 22, calls to 1)'' paid on demand; s. 23, power to make calls; s. 24, interest on unpaid calls; B. 25, advance of uncalled capital to carry interest. If at the time appd. by the co. for the payment of any call ■JJ^gg; fur any shareholder fail to pay the amount of such call, the co. may sue such shareholder for the amount thereof, in any Ct. of Justice having competent jurisdiction, and to recover the same, with lawful interest, from the day on which such call was payable. In any action or suit to be brought by the co. against any f^J-^'^' shareholder to recover any money duo for any call, it shall not action, be necessary to set forth the special matter, but it shall bo suf- ficient for the co. to aver that the deft, is the holder of one share or more in the co. (stating the no. of shares), and is indebted to the co. in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the no. and amount of each of such calls), whereby an action hath accrued to the co. by virtue of this and the special ord. On the trial or hearing of such action or suit, it shall be s28 TO"*to sufficient to prove that the deft,, at the time of making such m,,',^ call, was the holder of one share or more in the undertaking, and that such call was in fact made, and such notice thereof given, as is directed by this or the special ord. ; and it shall not K^^f^ * be necessary to prove the appt, of the directors who made Buch socb action. call, nor any other matter whatsoever; and thereupon the co. shall be entitled to recover wind shall be due upon such call, with interest thereon, unless it shall appear either a) that any such call exceeds the prescribed amount, or {/> . that due notice of such call was not given, or (c) that the prescribed interval between two successive calls had not elapsed, or (d) that calls amounting to more than the sum prescribed Eor the total amount of calls in one year had been made within that period. Tho production of the register of shareholders, or a copy b S thereof, or extract therefrom, certified by tho sec. of tho co., ■"■* ■«■■» Ord. 10/77. 80 Magisterial Law. shall be primd facie evidence of such doft. being a shareholder, and of the no. and amount of his shares. Part V. The forfeiture of shares for the non-payment of calls, bs. 30 36. Pari VI. Cancellation and surrender of shares, ss. 37 — 44. Pari VII. The remedies of creditors of the co. against the shareholders, ss. to, 46. s 47 Power to borrow money. s 48 And to pay off and re- borrow. s 49 Authority for borrowing. Certificate of J. P., &c. s 50 Mortsjasres, bow passed, i;c. Taut VIII. The borrowing by the Co. of Money on Mortgage or Bond, ss. 47 — 64, of which the following ss. affect Mags. If the co. ho authorised by the special ord. to borrow money on mortgage or bond, they may, subject to the re- strictions in the special ord., borrow on mtge. or bond such sums of money as shall from tune to time by an order of a general meeting of the co. be authorised to be borrowed, not exedg. in the whole the sum prescribed by the special ord., and for securing the repayment of the money so borrowed, with interest, to mtge. the undertaking and the future calls on the shareholders, or to give bonds in the manner herein- after mentioned. If after having borrowed any part of the money so autho- rised to be borrowed on mtge. or bond, the co. pay off the same, they may again borrow the amount so paid off, and so from time to time : but such power of re- borrowing shall not be exercised without the authority of a general meeting of the co., unless the money be so re-borrowed in order to pay off any existing mtge. or bond. (See s. 97, as to these powers where debentures are issued.) Where by the special ord. the co. shall be restricted from borrowing any money on mtge. or bond until a definite portion of their capital shall be subscribed or paid up : — or where by this or the special ord. the authority of a general meeting is required for such borrowing : — the certificate of a J. P. that such definite portion of the capital has been sub- scribed or paid up, and a copy of the ord. of a general meeting of the co. authorising the borrowing of any money, certified by one of the directors, or by the secretary, to be a true copy, shall be sufficient evidence of the fact of the capital required to be subscribed or paid up having been so subscribed or paid up, and of the order for borrowing money having been made : — And upon production to any J. P. of the books of the co., and of such other evidence as he shall think fit, such J. P. shall grant the certe. aforesaid. Every mtge. of the undertaking, or of the future calls on the shareholders for securing money borrowed by the co., Ord. 10,'77. Companies. 81 shall ho passed and executed before ono of the Judges <"»{' the Supr. Ct. (who is hereby authorized to pass the same) in t In- same manner as mtges. on immoveable property are or shall be required by law to be passed and executed, and shall be advertised in the same manner as mtges. on immoveable pro- perty situate within the County of Demerara. Part IX. The conversion of borrowed money into capital, as. Go — G9. Part X. Additional capital, 88. 70—79. Part XI. The consolidation of the shares into stock, ss. 80— 81. Part XII. Debenture stoi Part XIII. General meetings of the co., and right of voting by I shareholders, ss. 99—113. Part XIV. Appointment and rotation of shareholders, ss. 114—122. Part XV. The powers of the dired and of the co. to be exercised only in general meetings, ss. 123, 12 1. Part XVI. The proceedings and liabilities of directors, ss. 125 — 133. Part XVII. The appointment and duties of auditor. Part XVHL Accountability of the Officers of the Co. Before any person entrusted with the custody or control of s 142 Security, moneys, whether treasurer, collector, or other officer of tho co., shall enter upon his office, the dirors. shall take sufficient security from him for tho faithful exn. of his office. Every officer employed by the co. shall, from time to time, s 143 To when required by the dirors., make out and deliver to them, demand ° D or to any person appd. by them for that ppose., a true and perfect acct. in writing- under his hand of all moneys received by him on behalf of the co. : and such acct. shall state how, and to whom, and for what ppose. such moneys shall have been disposed of, and, together with such acct., such 'offici r shall deliver the vouchers and receipts for such payments: and every such officer shall pay to the dirors., or to any person appd. by them to receive the same, all moneys which shall appear to be owing by him upon tho balance of such accts. If any such officer fails to render such acct., or to produce s 144 Failure and deliver up all tho vouchers and receipts relating to tho same in his possession or power, or to pay the balance thereof when thereunto required, or if, for .'3 days after being there- unto required, he fail to deliver up to the dirors., or to any person appd. by them to receive the same, all papers and writings, property, effects, matters and things in his possession or power (relating to the exon. of this or the sp< ciaJ ord., or any ord. incorpd. therewith), or belonging to the co. : — Then, on cplt. thereof being made to a J. 1'.. such J. P. Summons, shall summon such officer to appear before a J. P. at a tin and place to be set forth in such summons, to answer such charge : and upon tho appearance of such officer, (or in his r. o 82 Magisterial Law. Ord. 10,'77. Order for pay- ment. Distress. Imprisonment. s"145 Refusal to deliver up papers, &c. Imprisonment. absence, upon proof that such summons was personally served upon him, or Left at his last-known place of abode) such J. P. may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such officer. If it appear, either upon confession by such officer, or upon evidence, or upon inspection of the accounts, that any moneys of the co. are in the hands of such officer, or owing by him to the CO., such J. P. may order such officer to pay the same: — If he fail to pay the amount, such J. P. may grant a warrant to levy the same by distress : — Or in di fault thereof, to commit the offender to gaol, there to remain >ut bail for a period not excdg. 3 months, unless the same be sooner paid. If any such officer refuse to make out such account in writing : or to produce and deliver to the said J. P. the Beveral vouchers and receipts relating thereto: or to deliver up any books, papers, or writings, property, effects, matters, or things in his possession or power belonging to the co. : — Such J. P. may lawfully commit .?uch offender to gaol, there to remain until he shall have delivered up all the vouchers and receipts (if any) iu his possession or power relating to such accounts, and have delivered up all books, papers, writings, property, effects, matters, and things (if any) in his possession or power, belonging to the co. s 146 Warrant in first instance when i I intends abscond- ing. S 147 Without prejudice to civil remedies. Provided always, that if any director or other person acting on behalf of the co. shall make oath that he has good reason to believe, upon grounds to be stated in his deposition, and does believe, that it is the intention of any such officer as aforesaid to abscond : — The J. P. before whom the complaint is made, instead of issuing his summons, may issue his warrant for bringing such officer before a J. P. to answer to the charge ; but no person executing such warrant shall keep such officer in custody longer than 48 hours, without bringing him before such J. P. The J. P. before whom such officer may be brought may either discharge such officer, if he thinks there is no sufficient ground for his detention : — < >r order such officer to be detained in custody, so as to be brought before a J. P., at a time and place to be named in such order, unless such officer give bail to the satisfaction of such J. P. for his appearance before such J. P. to answer the complaint of the co. No such proceeding against or dealing with any such officer as aforesaid shall deprive the co. of any remedy which they might otherwise have against such officer, or any surety of such officer. Ord. 10,'77. COMPANIES. 83 Pake XIX. Keeping of Accounts, and Right of Inspection thereof by the Shareholders. Tho directors shall cause full and true accounts to bo kept s 148 Account*, of all sums of money received or expended on account of the co. by the directors, and all persons emplo3*ed by or under them, and of the matters and things for which such sums of money shall have been received or disbursed and paid. The books of the eo. shall be balanced at the prescribed s 149 Balance periods, and (if none) 6 days at least before each only. mtg. ; sLoet " and forthwith, on the books being- so balanced, an exact balance sheet shall be mado up, which shall exhibit a true statement of the capital, stock, credits, and property of every description belonging to the co., and the debts due by the co. at the date of making such balance sheet, and a distinct view of the profit or loss which shall have arisen on I transactions of tho co. in the course of the preceding hall- year ; and previously to each ordy. mtg. such balance sheet shall be examined by the directors or any 3 of their number, ai id shall be signed by the chairman or deputy do. of tho directors. The books so balanced, together with such balance-sheet eisoinspec- as aforesaid, shall, for the prescribed periods, and (if none) tlon • for 6 days previous to each ordinary meeting, and for one month thereafter, be open for the inspection of the share- holders at the principal office or place of business of the com- pany, in the colony or elsewhere; but the shareholders shall not be entitled at any time, except during the periods afore- said, to demand tho inspection of such books, unless in virtue of a written order signed by 3 of the directors. Tho directors shall produce to the shareholders assembled Bl51Produo- at such ordinary meeting the said balance-sheet, applicable tlouatmeetin ff- to the period immediately preceding such meeting, together with the report of the auditors thereon, as hereinbefore pro- vided. (S. 141.) Tho directors shall appoint a book-keeper to enter the s 152 Book- accounts aforesaid in books to be provided for the purposi : » i i i i in -i i ill iipiHimiment, and every such book-keeper shall permit any shareholder to ■, ,»,, «,, inspect such books, and to take copies or extracts therefrom, at any reasonable time during tho prescribed periods, and (if none) during 6 days before and one month after every ordinary meeting : — And if he fail to permit any such shareholder to inspect such Breach of do. books, or take copies or extracts therefrom, during the periods aforesaid : — Forfeiture to such shareholder for every 6uch offenco not ezoeedinj G2 84 Magisterial Law. Ord. 10,'77. S 153 Animal n iunte ii> lie submitted to Govt. Deposited in Registrar's office. Penalty for omission. And bo it enacted, that the co. shall every year cause an annual account in abstract to bo prepared and submitted to the Gov. and Ct. of Pol., showing the total receipt and ex- penditure of all funds received and expended by the company, levied by virtue of this or the special Ord. for the year ending on the 31st Dec, or some other convenient day in each year, under the several distinct heads of receipt and expenditure, ■with a statement of the balance of such account, duly audited and certified by the directors, or some of them, and by the auditors; and shall, if required by the Gov. and Ct. of Pol., deposit a copy of the said account in the registrar's office, which last-mentioned account shall be open to the inspection of the public at all reasonable hours on payment of the sum of 50c. for every such inspection ; provided always, that if the said company shall omit to prepare or deposit (if required so to do by the Gov. and Ct. of Pol.), such account as aforesaid: — Forfeiture for every such omission §96. Part XX. -Dividends, ss. 154—157. S 158 Bye- laws, ^rith approval of Govt. s 159 Fines for breaches. s 160 Re- ducible at dis- cretion of the Mag. Part XXI. Bye- Laics. The company may, from time to time, make such bye-laws as they think fit for the purpose of regulating the conduct of the officers and servants of the company, and for providing for the due management of the affairs of the company in all respects whatsoever, and from time to time alter or repeal any such bye-laws, and make others : provided such bye-laws be not repugnant to the laws of this colony, or to the pro- visions of this or the special Ord. : and such bye-laws shall be reduced into writing, and shall have affixed thereto the common seal of the company, and a copy of such bye-laws shall be given to every officer and servant of the company affected thereby. All sucli bye-laws, before the same shall come into ope- ration, shall be laid before the Gov. and Ct. of Pol. for their approval, who, before approving thereof, may alter or amend the same. (See s. 179.) The company may, by such bye-laws, impose such reason- able penalties upon all persons, being officers or servants of the company, offending against such bye-laws, as the com- pany shall think fit, not exceeding $24 for any one o fence. All the bye-laws to be made by the company shall be so framed so as to allow the J. P., before whom any penalty imposed thereby may be sought to be recovered, to order a Companies. 85 Ord. 10,-77. part only of such penalty to bo paid if such J. P. shall think tit. (See s. 179.) The production of a written or printed copy of the bye-laws slf;; of the company, having tho common seal of the company affixed thereto, shall bo sufficient evidence of such bye-laws in all cases of prosecution under the same, unless the person proceeded against can prove that such bye-laws have not been approved by the Gov. and Ct. of Pol. if apj Part XXII. — Settlement of Disputes by Arbitration, ss. 162—168. Part XXIII. Notices. Any citation, summons, or notice, or any writ or other sl69 Service proceeding- requiring to be served on the co. may bo served on by the same being- left at or transmitted through the post, directed to the principal office of the co. (or one of their principal offices, where there shall be more than one), or being given personally to the sec, or in ease there be no sec, then by being given to any one director of the co. S. 170 provides as to the mode of service by the co. upon shareholders : 8. 171, on joint proprietors : s. 172, as to advt. of notices. Every summons, notice, or other such document requiring sl73Pigna- authentication by the co. may bo signed by 2 directors, or by tare > &a tho treasurer or the sec. of the co., and need not be under the common seal of the co., and the same may bo in writing or in print, or partly in writing and partly in print. S. 174 relates to proofs in bankruptcy by the co. : s. 175, tender of amends. Part XXIV. Recovery of Damages not specially provided for. In all cases where any damages, costs, or expenses are by si76i' this or the special ord., or any ord. incorporated therewith, j # C p" uut0fltrt y directed to be paid, and the method of ascertaining the amt. or enforcing the payment thereof is not provided for, such amt. in case of dispute shall be ascertained and determined by a J. P. If the amt. so ascertained be not paid by the co. or other How] ymeat party liable to pay the same within 7 days alter demand, the " ,; amount may be recovered by distress of the goods of the . or other party liable as aforesaid; and the J. P., by whom the same shall have been ordered to bo paid, on application, shall issuo his warrant accordingly. 86 Magisterial Law. Ord. 10,'77. ■ 177 In default :i stress, - on on due notice, and they may recover frum the s 178 Damages .' le by j. r. Summons and hearing. s 179 Publica- tion of penalties, by a board, &c. on co.'s offices, and locality. sl80 Defacing, If sufficient goods of tlio co. cannot be found whereon to levy any such damages, costs or expenses payable by the co., the same nun/, if the amt. thereof do not exceed $96, be recovered by distress of the goods of the treasurer or sec. of the co. : And the J. P. aforesaid, on application, shall issue his warrant accordingly : but no such distress shall issue against the goods of such treasurer or sec. unless 7 days' previous in writing, Mating the amt. so due and demanding payment thereof, have been given to such treasurer or sec. or left at his reside If such treasurer or secretary pay any money under such distress as aforesaid, he may retain a sum of money equal to the amt. so paid by him and all the costs and expenses occasioned to him thereby out of any money belonging to the co. coming into his custody or control, or he may sue the co. for the same. Where in this or the special ord. or any ord. incorpd. therewith, any question of compenson., expenses, charges, or damages is referred to the determon. of any one J. P. or more, any .1. 1'. may, upon the applon. of either party, summon the other party to appear before a J. P. at a time and place to be named in the summons; upon the appearance of such parties (or in the absence of any of them, upon proof of due service of the summons), such J. P. may hear and determine such question, and for the purpose examine such parties or any of them and their witnesses on oath, and the cost of every such inquiry shall be in the discretion of such J. P. and he shall determine the amount thereof. The co. shall publish the short particulars of the several offences for which any penalty is imposed by this or the ial ord. or any ord. incorpd. therewith, or by any bye-law of the co. affecting other persons than the shareholders, officers - vants of the co., and of the amounts of every such penalty; and shall cause such particulars to be painted on a board, or printed upon paper and affixed to a board, and shall cause board to be hung up or affixed on some conspicuous part of the principal place of business of the co., and where any such penalties are of local applon. shall cause such boards to be affixed in some conspicuous place in the im- ite neighbourhood to which such penalties are appli- cable or have reference, and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed. No such penalty shall be recoverable unless it shall have been published and kept published in the manner herein- before required. If any person pull dozen or injure any board put up or Companies. 87 Ord. 10, '77. affixed as required by this or the special ord., or any ord. incor- porated therewith, for the purpose of publishing any bye-law or Vir.! inLi penalty : Or shall obliterate any of the letters or figures thereon : — Forfeiture for every suoh ntfenco not exedg. $_'l, ami payment of expenses attending the restoration of the board. Every penalty or forfeiture imposed hy this or the special ord., s 181 Summary or any ord. incorporated therewith, or by any bye-law made in Jun ~ ai " u- pursuance thereof the recovery of which is not otherwise provided for, may be sued for and recur, red by summary proceeding hi fore a J. P.: — procedure under ord. 19, '56, and its amendments, and the review ord. No distress levied by virtue of this or the special ord., or sl82 Distress any ord. incorporated therewith, shall be deemed unlawful, Krtofta££ nor shall any party making the .same be deemed a trespasser on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ah initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defects or irregularity may recover full satisfaction for the special damage in an action. The J. P. by whom any such penally or forfeiture shall be si83 in- imposed may, where the application thereof is not otherwise iormei ' 6 moi ety. provided for, award not more than one-half thereof to the informer, and the remainder thereof shall be paid into the colony chest. No person shall be liable to the payment of any penalty or s 184 Limita- forfeiture imposed by virtue of this or the special or any ord. 6 months. incorporated therewith, for any offence made cognizable before a J. P., unless the complaint respecting such offence shall have been made before a J. P. within 6 months next after the commission of such offence. If through any act, neglect, or default on account whereof s 185 where any person shall have incurred any penalty imposed by this addrtwnto or the special ord., or any ord. incorporated therewith, an damage to the property of the c >. shall have imitti d by such person, he shall be liable to make good such dama_ as well as to pay such penalty; and the amount of such damages shall, in case of dispute, be determined by the J. P. by whom the party incurring such penalty shall have been convicted, and on non-payment of such damages on demand the same shall be levied by distress, and such J. P. shall issue his warrant accordingly. Any officer or agent of the CO., and all persons called by b 186 Anu-t. him to his assistance may seize and detain any person wh.0 shall have committed any oii'ence against tho provisions of this or 88 Magisterial Law. Ord. 10,'77. s 187 Form of conviction. s 188 Review. s 189 Terjury. the special ord., or any ord. incorporated therewith, and whose name and residence shall be unknown to such officer or agent, and convey him with all convenient dispatch before some J. P., without any warrant or other authority than this or the special ord., and such J. P. shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender. The J. P. before whom any person shall be convicted of any offence against this or the special ord., or any ord. incorpo- rated therewith, may cause the conviction to be drawn up in Form Gr (Sched.), or in such other form as will suit the cir- cumstances of the case. No proceeding in pursuance of this or the special ord., or any ord. incorporated therewith, shall be quashed for want of form, nor shall the same he remo\3d into any of the Supr. Cts. otherwise than by way of review. Every person who upon any examination upon oath under the provisions of this or the special ord., or any ord. incorpo- rated therewith, shall wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. Part XXV. Access to the Special Ordinance. The co. shall at all times after the expiration of 6 months after the passing of the special ord. keep in their principal office of business a printed copy of the special ord. ; and where the undertaking shall be a railway, canal, or other like undertaking, the works of which shall not be confined to one town or place, shall also, within the space of 6 months, de- posit in the office of each of the Pegs, of the several counties into which the works of the co. shall extend, a printed copy of such special ord., and the Pegs, shall receive, and they and the co. respectively shall retain, the said copies of the special When inspection ord., and shall permit all persons interested to inspect the same, and make extracts or copies therefrom — On pain, in default of any of the said matters and things, of being liable to forfeit and pay for every such offence not exceeding $48. s 190 Copy special ord. to be kept in office, or deposited at registry. refused. S 191 Failure to deposit copies, &c. If the co. shall fail to keep or deposit, as hereinbefore men- tioned, any of the said copies of the special ord. — Forfeiture— §9G for every such offence (Summary, s. 181), and $24 for every day afterwards during which such copy shall not be so kept or deposited. Part XXYI. relates to the change of name of the co. (ss. 192 — 196), by which actions are not to abate, &c. Coroners. 89 Ord. 7,'87. 174 Coroners. " Tho Coroners' Ord., '87. " s l [Ord. 25, '66 is repealed.] In this ord., unless the context otherwise requires — s2 Dcfns. " Unnatural death "= every case of death of any person : — (a) Which occurs in a sudden, violent, or unnatural manner ; (b) "Whero a dead body is found ; (c) As to -which any reasonable suspicion exists that the same has not arisen from natural causes ; (d) As to which any reasonable suspicion exists that any person is criminally responsible for such death. " Inquest "= An investigation as to the cause of any death held by a Cor. with a jury as hereinafter provided ; " Inquiry "=Any such investigation held by a Cor. without a jury. Every J. P. in and for the colony shall be ex officio a Cor. s 3 Coroners, in and for the colony. Every person who becomes aware of an unnatural death s 4 TTmurtraal shall notify the same to the nearest Cor. or at tho nearest reported, police station. Where any unnatural death is reported to or comes to the s5 by police, knowledge of any member of the police force, he shall forth- with cause a report of the same to be made to the nearest Cor. Where any unnatural death is reported to or comes to the |f u ^° n £££ 8 t knowledge of the nearest Cor., he shall, Bubject to the other o^rep^rC 08 provisions of this ord., forthwith cause due investigation to be made as to the cause of such death, and if necessary shall hold an inquest, or, if the circumstances so require, he shall hold an inquiry. In every case where it is expedient that the dead body of s 7 to order any person should be examined by a duly qualified Med. Practr., pos> the Cor. shall forthwith issue his order to a duly qualified Med. Practr. to make a post mortem examination of the body of the deceased. "Where from any cause the instructions of the Cor. cannot s 8 who else be promptly obtained, and it is expedient that the dead body ™? t ^ apost of the deceased should be examined by a duly qualified Med. Practr. without delay, it shall be lawful for the Insp. Gen. or any Insp. of police, or (if the instructions of any of these "di- cers cannot be promptly obtained) then for the member of the police force in charge of the police station nearest to the place where the dead body may be lying, to require a duly quali- 90 Magisterial Law. Ord. 7,'87. S 9 Doctor's duties — .nation ; dissection. S 10 Report; how delivered ; made evidence. s 11 "When doctor in attend- ance not to hold post m. fied Med. Practr. to make a post mortem examination of the body. Every such Med. Practr. who is so ordered or required to make a post mortem examn. of the dead body of any ,. unless unavoidably prevented, shall thereupon pro- ceed to the place where the dead body may be lying, and shall make such examn. of tho same as may enable him to ascertain tbe cause of death. Such Med. Practr., if it is necessary in order to ascertain the cause of death, shall extend the examn. to the dissection of the body, and an analysis of any portion thereof, and may any portion thereof to be transmitted to any qualified Gov. med. officer or to any Gov. analytical chemist. Such Med. Practr. making any such examn., after making the examn. shall draw up a report of the appearances of the body, and of the conclusions he draws therefrom, and shall certify as to the cause of death so far as he can ascertain such cause, and shall date and sign the report. The report may be delivered to a member of the pohce force or to a rural constable for transmission to the Cor. The report so made shall be admissible as evidence at any inquiry or inquest, and shall be prima facie evidence of the facts 1 herein stated. "Where any credible information is given to the Cor. or to any member of the police force authorised to require a post mortem examn. to be made of the dead body of any person, that the death of such person was caused partly or entirely by the improper or negligent treatment of any Med. Practr. or other person, such Med. Practr. or other person shall not be allowed to perform or assist at the post mortem examn. of the deceased. S 12 Order for burial, without inquest, ice. Report to Att. Gen. Order for the Burial of the Dead Body. "Where tho death of any person is reported to or first comes to the knowledge of the Cor. as an unnatural death, the Cor. may make a prelim, investigation, and if he considers, after making such prelim, investigation, that it is unnecessary to hold an inquest or an inquiry, he may issue an order for the burial of the bod)-. This order may be issued either before or after any examn. of the body by a qualified Med. Practr. In every case where the Cor. issues an order for the burial of the body without holding au inquest or inquiry he shall report the facts to the Atty. Gen., and the grounds for such order, and shall transmit all reports and documents in his possession connected with the matter. Coroners. 91 Ord. 7,'87. Where an inquest or inquiry is to be held and the ( lor. oon- eiders that it is unnecessary to order a post mortem examn. of f„ u ' hi l' the body of the deceased to be made, he may authorise I burial of the body without any such examn. Where any inquest or inquiry is to be held, and the Cor. considers it expedient to order a post mortem examn. of the body of the deceased to be made, he may authorise the burial of the body after such examn. has been duly made by qualified Med. Practr. Where from any cause the instructions of the Cor. cannot be promptly obtained, the Inspr. Gen. of Police or any Inspr. of police (or, if the instructions of any of these officers cannot be promptly obtained, then the member of the poli in charge of the police station nearest to the place where the dead body may be lying) may authorise the burial of the body after a post mortem examn. of the body of the deceased lias been duly made under this ord. by a duly qualified Med. Practr. Every such authorisation shall be immediately reported to the Cor. The order for burial under this sec. shall not, except in After view, if cases of necessity, be made before the Cor.'s Jury in the case P osslble - of inquests have, or the Cor. in the case of inquiries has, an opportunity of determining whether it is expedient to view the body. Provided that where the condition of the body requires that the body should be immediately buried, an order or authorisa- tion for burial under this sec. may be given before the com- mencement of any inquest or inquiry. Inquest and Inquiries. Where an unnatural death is reported to or comes to the s 14 inquest or knowledge of the nearest Cor. he shall, subject to s. 12, hold mqmry an inquest, except in the cases where he is authorised or re- quired under the provisions of this or any ord. to hold an in- quiry, and in such last-mentioned cases shall hold an inquiry. An inquest shall be held in every case of the death of b 15 Inquest on any person confined in any prison or in any lock-up or pkv uSS! of confinement used as a place of confinement for persons a cused or convicted of having committed any offence : — except in cases where it is not practicable to obtain the services of a sufficient number of Jurors. No person shall bo summoned or serve as a Juror on any jurors, such inquest who is connected with the prison service or with the police forco of the Colon)-. Where the services of a suffi- cient number of jurors cannot bo obtained, the Mag. of the 92 Magisterial Law. Ord. 7,'87. s 16 Unnatural death of im. on pi. Dt'fns. s 17 When nearest Cor. unable to act. s 18 When body cannot be found. s 19 When a second inquest, ice. Exhumation. s 20 When further investi- gation. district in which such prison, lock-up or place of confinement is situated, shall he deemed to be the nearest Cor., and he shall forthwith hold an inquiry as to the cause of such death. Where the death of any im. is an unnatural death within the meaning of this Ordinance and such death occurs on any Plantation, the Mag. of the district in which said PI. is situated shall he deemed to be the nearest Cor., and he shall forthwith hold an inquiry. "Immigrant" and " Plantation" in this sec. have the same meaning as in the Im. Ords. '73 to '76, or in any Ords. here- after to be passed relating to ims. See s. 56 as to report to I. A. G. AVhere any Cor., whose duty it is as the nearest Cor. to hold any inquest or inquiry, neglects or refuses or is unable to attend, then such inquest oi inquiry shall be held by the nearest Cor. who is able to act : — Provided that where, under the provisions of this ord., the Mag. of the district is to be deemed the nearest Cor., and such Mag. is unable to hold any inquiry, such inquiry shall be held by some other Mag. And whereas cases occur in which persons come to their deaths or are reasonably supposed to be dead, but their bodies cannot be found : Be it enacted that in every such case a Cor. may, and whenever required by the Atty. Gen. shall, hold an inquiry into the circumstances connected with any such death or supposed death. The Atty. Gen. may require any Cor. to hold an inquest or to hold an inquiry into the cause of, and the circumstances connected with, the death of any person, and may so require any Cor. to hold such inquest or inquiry, although an inquest or inquiry with respect to the same death may have been already commenced, or held, or returned ; and every Cor. so required shall have full power to and shall hold such inquest or inquiry. AVhere the Atty. Gen. requires any Cor. to hold any inquest or inquiry, and an inquest or inquiry with respect to the same death is in the course of being held, or has been held by any other Cor., all proceedings at or founded on such last-mentioned inquest or inquiry shall be stayed. The Atty. Gen. may also direct whether the body shall or shall not be exhumed, and the Cor. shall comply with such directions. [See s. 40.] "Where the proceedings at any inquest or inquiry have been closed by the Cor., and it appears to the Atty. Gen. that further investigation is necessary, the Atty. Gen. may require such Cor. to re-open such inquest or inquiry and make further investigation, and thereafter proceed in the same manner as Coroners. 93 Ord. 7,'87. if the proceedings at such inquest or inquiry had not been closed by the Cor. Provided that this s. shall not apply to any inquest or Saving clause, inquiry at which any verdict or finding of murder or man- slaughter has been returned against any person therein named. Where an inquest is to be held, tho Cor. with all convenient B 21 jurors. speed shall summon not more than 5 nor less than 3 good and lawful men residing in the neighbourhood, of full age, to appear before him as Jurors, at such time and place as he may direct. The summons may be served personally on each Juror by now summoned, leaving the same with some person at his abode, or may be communicated by any member of the police force, in any manner authorized by this ord. Where it is practicable to do so, the place so appointed and where, shall be the place where the body shall then be, unless the body has been buried. So soon as the Cor. and Jurors at any inquest shall have s 22 Jutom' assembled, the Cor. shall administer to each of the Jurors tho following oath : — oath. "You shall diligently inquire and true presentment make on the behalf of our Sovereign Lady the Queen, when, when', how, and after what manner (here name the deceased [if known], or if unknown state, a p< >• ■■■■>» inil.if ir,i), now dead, came to his death, and of such other mat- ters relating to such death as shall be lawfully inquired of you. — So h you God." The Cor. or any Jury may view tho body, but it shall not s 23 View, '- to view the body : Provided that where at any inquest it appears to the Cor., or to tho greater number of the Jury attending at any Cor.'s inquest, to be expedient to view the body, the Jury shall thereupon proceed to view the body, and if the body has been buried, the Cor. shall order the exhumation of the body for the purpose, unless the Cor. certifies that in his opinion such exhumation would bo useless for tho purposes of the inquest, or dangerous to the public health. The Jurors at every inquest, and the Cor. at every inquiry, B24Particnla« of iii'jiiirv shall inquire when, where, how, and alter what manner the deceased came by his death, and also whether any person is criminally concerned in the cause of such death. The Cor. .shall summon such witnesses as lie may deem s 25 Witnesses necessary, and shall examine them upon oath touching the matter of the inquisition or inquiry, and the evidence of every such witness shall be taken down in writing by tho Cor., and 94 Magisterial Law. Ord. 7,'87. s26 not attend- ing, &c. 8 28 Accused may be present. S 29 If accused desires to cross- examine doctor, Coroner to summon him. S 30 When Jurors are dis- satisfied with doctor. distinctly read over to and subscribed by such witness in the presence of the Cor. and Jurors in the case of an inquest, and in the presence of the Cor. in the case of an inquiry. Where any person summoned as a witness at any inquest or inquiry neglects or refuses to appear at the time and place appointed by the summons, and otherwise to comply with the same, and no just excuse is offered for such neglect or refusal, then after proof upon oath of such summons having been served upon such person either personally or by leaving the same for him with some person at his place of abode, or having been communicated to him in any manner authorised by this ord.) it shall be lawful for the Cor. to issue a warrant uuder his hand to bring and have such person at a time and place therein mentioned before him to testify as aforesaid. Where on the appearance of any person who has been so summoned, either in obedience to the summons or upon being brought by virtue of a warrant, or where any person present is called on by the Cor. to give evidence, then if such person : — (a) refuses to be examined upon oath concerning the premises ; or (b) refuses to take such oath, or, having taken such oath, refuses to answer such questions concerning the premises as shall be then put to him ; or (c) refuses to produce any docu- ment which he may be summoned to produce ; or (d) refuses to subscribe his deposition : — the Cor. may by warrant under his hand commit the person so refusing to any jail of the Colony, for any time not exedg. 7 days, unless he shall in the meantime consent to be examined, and to answer concerning the premises, or to produce such documents, if any, or to subscribe his deposition, as the case may be. Every person charged with having caused the death of the deceased, or with having been accessory thereto, shall be at liberty to attend and to cross-examine each witness produced against him, as well as to produce witnesses in his defence ; and every witness produced for the defence shall be sworn, and his examn. shall be taken down by the Cor. in manner and form hereinbefore mentioned. Where, at any inquest or inquiry, the report of any Med. Practr., who made a ])ost mortem examn. of the body of the deceased, is received in evidence : — and any person who is charged with having caused the death of the deceased: — or wit] i having been accessory thereto : — desires to examine such Mod. Practr. : — he may require the Cor. to summon such Med. Practr.; and the Cor., when so required, shall thereupon sum- mon Mich Med. Practr. as a witness for the Crown. Where it appears to the greater number of the Jurors sitting at any Cor.'s inquest that the cause of death has not been satisfactorily explained by the evidence of the Med. Coroners. 95 Ord. 7,'87. Practr. or other witness or witnesses who may bo examined in the first instance, such greater number of the Jurors are hereby empowered to name to the Cor. in writing any Other legally qualified Med. Practr. or Practrs., and to require the Cor. to issue his order for the attendance of such last men- tioned Med. Practr. Or Practrs. as a witness or witnesses, and for the performance of a post mortem examn., with or without an analysis of the contents of the stomach or intestines, and whether or not any such an examn. has before been performed or not. If the Cor., having been thereunto required, shall refuse to issue such order, ho shall be deemed guilty of a misdr. When at any inquest or inquiry it appears to the Cor. that g^JJ^, the cause of death has not been satisfactorily explained, he may require any qualified Med. Practr. to make & post mortem examn., with or without an analysis of any portion of the body, and whether or not any such examn. has before been performed. After the evidence on the behalf of the Crown is closed, the J} £ ^^ cment Cor., in the event of any accused person being present, shall say to him these words, or words to the like effect : — " Having- heard the evidence, do you wish to Bay anything ? You are not obliged to say anything unless you desire to do bo; bul whatever you say will be taken down in writing, and maybe given in evidence against you, and you are clearly to understand that you havi nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of guilt, and whatever you may now say may he given in evidence against you hereafter, notwithstanding such promise or threat." And whatever the accused then says shall be taken down Evidence, in writing and read over to him by the Cor., and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned, and afterwards, upon the trial of the accused, the same may, if necessary, be given in evidence against him without further proof thereof : — unless it is proved that the Cor. purporting to sign the same did not in fact sign the same : Provided always, that nothing hen in enacted shall prevenl ™'' the Atty. Gen. or other Public Prosecutor in any ease from !l giving in evidence any admission or confession or other state- him - meat of the person accused or charged, made at any time, which by law would be admissiblo as evidence against such person. After the whole of the evidence shall ed, and the s33 (i y statement of the accused if any taken down, the < 'or. at an '' avm ' inquest shall sum up the evidence, and then proceed to take the verdict of the Jury, the finding of the majority being for 96 Magisterial Law. Ord. 7,'87. Cor.'s finding at inquiry. S 34 Committal of accused. s 35 Bail- manslaughter. s 36 Recogni- zance of wit- nesses. s 37 Copies of depositions. such purpose sufficient, and such verdict shall bo thereupon reduced into writing, and authenticated by the signature or mark of the Jurors finding the same, and countersigned by the Cor. The Cor. at an inquiry shall record in writing his finding on such evidence, and every such finding shall have the same effect as if it were the verdict of a j ury . Where a verdict or finding of murder or manslaughter is returned against any person, the Cor. shall forthwith make out his warrant for the committal of such person to any gaol of the Colony for trial at the next session of the Supreme Crim. Ct. to be holden in and for the county within which the inquest or inquiry was held, and thereupon such person, if then present, shall be forthwith taken and conveyed to such gaol, or, if absent, may be apprehended under such warrant and conveyed as aforesaid. Where a verdict or finding of manslaughter is returned against any person, it shall be lawful for the Cor. before or by whom the inquest or inquiry is taken to accept bail if he shall think fit, with good and sufficient sureties for the appear- ance of the person so charged with the offence of manslaughter at the next session of the Supreme Crim. Ct. to be holden in and for the county within which the inquest or inquiry was held ; and thereupon such person, if in custody, shall be dis- charged therefrom. AVI u -re a verdict or finding of murder or manslaughter is returned against any person, it shall be the duty of the Cor. to bind by recognizance every witness who has been examined at the inquest or inquiry to appear at the next session of the Supreme Crim. Ct. at which the accused is to be tried, then and there to give evidence, and the said recognizance being duly acknowledged by the person entering into the same shall be subscribed by the Cor. ; and the several recognizances so taken, with the depositions, the statement of the accused, and the recognizance of bail (if any), shall be transmitted by the Cor. to the Att. Gen. : — Provided always, that if any such witness refuses to enter into any such recognizance it shall be lawful for the Cor. by his warrant to commit him to any jail of the colony, there to be imprd. and safely kept until after the trial of the accused party, unless in the meantime such witness duly enters into a recognizance in manner and form aforesaid before some J. P. Every person who has been committed to jail, or held to bail under and by virtue of any verdict of a Cor.'s jury, or any finding of a Cor., may require, and shall be entitled to, copies of the depositions and of the statement of the accused CORONEKB. 97 Ord. 7, '87. (if any) on payment of the liko fees as lie is by law entitled to demand for copies of other depositions. Any inquest or inquiry may be adjourned by the Cor., if he s38 Adjourn- shall see lit, from place to place, and from time to time, until the whole of the evidence touching and concerning the death of the deceased and the cause thereof shall be obtained. All inquisitions and records, and minutes of proceedings at s39 R any inquiry, shall be transmitted to the Att.-Gen. within }'; '_. 7 days at the latest after the inquest or inquiry is closed. Exhumation. Where the dead body of any person is buried without any £ 40 Exhuma- exanxn., or without sufficient examn., it shall be lawful for any Cor. about to hold an inquest or inquiry as to tho death of such person to order such body to be exhumed. Sees. 19. Every Cor. who refuses, or neglects, without reasonable excuse, s 41 Neglect of to hold any inquest or inquiry which it is his duty to hold, or u } J) M to perform any duty which he is required to perform under this ord., shall be liable to a penalty not exedg. $250, which may be recovered before the Supr. Criin. Ct. on the motion of the Att.-Gen. Every person, becoming aware of any unnatural death, who b42 Eaffingto neglects to notify the same to the nearest Cor., or at the nearest police station : — Fine not exedg. §48 (summary). Every person, who — (a) beiner summoned as a -juror at any inquest refuses or s43 Juror's v/ , .... 7 J ' offences. neglects to attend: — (b) being in attendance on such inquest refuses to be sworn or to serve as a juror : — (c) being called to complete the number of jurors, refuses to be sworn or to serve as a juror : — Fine not exedg. $2.5 (summary). "Where any Med. Practr. is ordered or required to make any s 44 post mortem examn. of the body of any deceased person, and such order or requirement has been personally served on or left at the residence of such Med. 1'raetr., or has been com- municated to such Med. l'ractr. in any manner authorised by this ord. in sufficient time to enable him to comply with such p. n 98 Magisterial Law. Ord. 7,'87. s 45 Burying •without au- thority. order or requirement, and such Med. Practr. fails to comply with such order or requirement : — Fine not exedg. $48 (summary), unless he proves to the satisfaction of the Ma*, that he had good and sufficient cause for not having complied with sii.-h order or requirement, and that he forthwith give [Pgave] notice to the Cor., or at the nearest police station, that he was so unable to comply with such order or requirement. Every person who without lawful excuse inters, or causes to he interred, the dead body of any deceased person in respect to whose (hath an inquest or inquiry ought to be held:—bejore_ he has received the order of the Cor., or before he is authorised to do so by any member of the police force empowered under this ord. to give such authority :— shall be guilty of an offence (summary) : — Fine not exedg. §100. Where any person is charged with having committed an offence under this s., the onus of proving :— (a) that he had lawful excuse ; {b) that he received the order of the Cor. ; (c) was empowered by any such member of the police force as aforesaid : — shall be on the person accused. Every person who obstructs or molests any officer or person acting under this ord. shall be guilty of an offence : — Fine not exedg. $50, or impr. with or without h. 1. not exedg. 3 months. Financial Provisions. "When any qualified Med. Practr. has made any examn. of the dead body of any person in obedience to any order or requirement under this ord., such Practr., subject to the other provisions of this ord., shall be entitled to receive the prescribed fee, and the Coroner, when the service has been performed, shall certify for payment the account of every such Practr. 48 No fees in "Where any inquest or inquiry is held with respect to the case of hospitals, death of any person who has died in any hospital, jail, lunatic asylum, almshouse, or other institution, the med. officer whose duty it may have been to attend the deceased person as a med. officer of such institution as aforesaid shall not be entitled to the fees or remuneration herein provided. There shall be paid from and out of the vote for the contingent expenses of justice, in respect of Cor.'s inquests and other matters and things connected therewith, such fees as may from time to time be determined by resolution of the Gov. and Ct. of Pol. : — and until otherwise ordered by the Ct. Onus probandi on uccused. s 46 Obstruc- tion. s 47 Medical fees. &c. s 49 Amount of fees. Coroners. 99 Ord. 7,'87. of Pol. the fees prescribed in the first schedule to this ord. shall be the fees payable in respect of the several matters therein mentioned. Schedule I. Table of Fees. (a) To every Cor. (not being i" the receipt of any puolic pay or emolument holding and complct in g any inquest or inquiry, and thereafter duly transmitting the record of the pro- ceeding's in terms of tins ord §5 (i) To every qualified Med. Pfactr. who is in the receipt of any salary or remuneration from the public revenui s, the fi e for making an examn. of the dead body of the deceased, where it is not necessary to make any dissection of the body, and for making the report required by the ord. and O n i tying the cause of death, shall be $2 (c) Where it is necessary in any such case to attend to give evi- dence, an additional sum shall he paid of §3 (d) To every qualified Med. Practr., &c. (as in (b)), making a complete post mortem examn. of the dead body of the deceased, including the dissection of the body, cither with or without an analysis of the contents of the stomach and intestines, or preparing them for transmission to the Govt, analyt. chem., and including the report required, by the ord., and. certifying the cause of death, and if necessary attending to give evidence, shall be §10 (e) Where the Med. Practr. is not in the receipt of any salary, &c. (as in (b)), the fee for such complete post mortem examn., including all matters mentioned in the preceding item, shall be §15 N.B. — No mileage or travelling expenses to bo allowed, but in special cases it shall he lawful for the Gov. to order the payment of Buch extra remuneration for travelling expenses, or otherwise, as he may deem just and reasonable. If upon the trial of any person against whom a verdict or s 50 witness finding of murder or manslaughter has been returned at any dead » kQ - inquest or inquiry, it is proved by the oath of any credible witness that any person whose deposition has been taken at the inquest or inquiry is dead, or absent from the Colony, or so ill as not to be able to travel, then, if such deposition purports to be signed by the Cor. before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence without any further proof the: unless it shall be proved that such deposition was not in fact signed by the Cor. purporting to sign the same. Where upon the trial of any person on an indictment for bBI Reporting murder or manslaughter it is proved that the Med. Practr. doctord8ad ' ** wl 10 made a jwst mortem examn. of the body of the deceased is dead or absent from the Colony, it shall be lawful to receive any report of such Med. Practr. made under this ord. aa evi- Report made dence with respect to the appearances of the bn.lv when B1 I! 2 1Q0 Magisterial Law. Ord. 7,'87. but liable to deduction. S 52 Trans- mission of orders. s 53 Matters not provided for to follow English law. s 54 Franked letters, &c. s 55 Filing, Szc. s 56 Report to I. A. (i. a 57 Forms. s 58 Repeal. s59 examined by such. Med. Practr., and as regards the cause of death. Provided always, that such evidence shall he subject to such deduction from its weight as the Ct. or jury may deem proper, by reason of such report not having been made on oath and the accused not having any opportunity of cross-examination. Any order, authorisation, or summons under this ord. may be communicated verbally, or by telegraph or telephone, or any electrical apparatus. In all questions of form and practice which may arise on any Cor.'s inquest not herein provided for, the Cor. shall follow as nearly as possible the forms and practice which would be adopted in England under similar circumstances. All correspondence, papers, and documents transmitted by or to the Atty.-Gen. or a Cor. relating to any matter to be dealt with under this ord., may be transmitted through the post free of charge. The Atty.-Gen. may deposit in the Office of the Eegistrar of B. G. all inquisitions and records of proceedings of any inquiry. The Peg. shall cause a register to be kept of every such document so deposited, and shall cause an alphabetical index of the same to be made. Where any inquest or inquiry is held as to the death of any Asiatic im., the Cor. shall transmit to the Im. Agent Gen. the name and description of such im., and the date and cause of his death. The Atty.-Gen. may direct what forms shall be used in any proceedings under this ord., and such forms when sanctioned by the Gov. and Ct. of P., and published in the 0. G., may be used for and in respect of the several matters therein men- tioned ; and until otherwise ordered, the several forms in the "2nd sched. to this ord. may be used for and in respect of the several matters therein mentioned. Ord. 25, '61, is hereby repealed, except as to proceedings pending, &c. Ord. to take effect on publication. Ord. 16,'84. s 2 Definitions. 181. Customs Ords. 16, '84, and 9, '87. "The Customs Ord. '84." For repeals, see s. 218. In this ord., unless the context otherwise requires, "The Combined Ct."=the Gov. and Ct. of P., with the Financial Pepresentatives in Combd. Ct. assembled. Customs. 101 " Atty.-Gen." includes Solr.-Gen. " Receiver Gen." =As8t. Ree. Gen., and any public officer authorised by the Gov. to receive duties of Customs al any port or plate other than I '<. " Comptroller" (Contr.)=thi- Contr. of Customs. " Sub-Contr."=Senior oilicer of Customs having authority at any port or place other than G. " Officer of Customs" (Off. of Ctms.)=:Any offr. authorised to superintend the landing or exportation of goods, or to per- form any duty connected with the service of Customs, or tho storing of goods in warehouses. " Customs Ords."=This and all or any other ords. or ord., whether past or future, relating to Customs or levying duties of Customs. " Ship "=A boat or other vessel of any description. " Master "=The person having the charge or command of any ship. " Seaman "=Mate, mariner, sailor or landsman, being one of the crew of any ship. " Agent of the owner of a steamship "=The person or firm doing tho business of any steamship, other than tho master thereof. " Warehouso"=rAny place in which goods liablo to duties entered to be warehoused may bo lodged, kept and secured. "Colonial Bonded Warehouse "= Any such warehse. pro- vided by the colony for lodging goods therein for security of the Ctms. " Warehouse-keeper "=The keeper, owner or occupier of any warehse. other than a col. bonded warehse. " Official Import Lists " and " Official Export Lists "=Any lists issued now, or from time to time, by the Contr. with the approval of tho Gov., prescribing the denominations, descrip- tions and quantity by tale, weight, measure, value, or other- wise, by which articles of merchandise are required to be entered on imprtn. or exprtn. " Importer "= Any owner or other person for the timo being interested in any goods at and from the timo of tho imprtn. thereof until the same are duly delivered out of tho charge of the offrs. of the Ctms. " Person "=A corporation and any other body of persons recognised by law. "Day "=24 hours, reckoned dc momento in momentum. " Coasting trade" — " Coasting vessels," see s. 133. Ss. 3 — 10, appt. of salaries ami duties of ( \>ntr. and oft'rs. : s. 11, power for the Contr. to make rules to I"' approved by the (!uvi., with penalties (summary) not exodg. $24 : s. 12, prescribes holidays. Ord. 16,'84. 102 Magisterial Law. Ord. 16/84. s 13 Power to porta and legal quays. S 14 Appoint- ment of bonded warehouses. sl5Warehonse keeper to give security. The Gov., with the advice and consent of the Ct. of P., may, by resolution, declare any place in the Colony to he a port, and declare the limits thereof, and appoint proper places within the same to he legal quays for the unshipping or land- ing of goods entered to he warehoused, or on which any duties of Customs or Inland Eevenue have not been paid, and de- clare the bounds and extent of any such quays, and annul the limits of any port or quay already appointed, or to be here- after appointed, and declare the same to be no longer a port or legal quay, or alter or vary the name, bounds and limits thereof ; and may also direct at what particular part or parts of any such legal quays ships laden with tobacco or any other particular cargo shall discharge such cargo ; and may direct at what particular part or parts of any such legal quays goods shipped for drawback, or from any colonial bonded or other warehouse, shall be shipped; and may also appoint in the Colony stations or places for ships arriving at or departing from any port to bring-to for the boarding or landing of officers of Customs ; and may also direct what particular part or parts of any harbour, quay, or other place in any port shall be the proper place of lading and unlading for ships arriving in such port. The Grov., with the advice and consent of the Ct. of P., may appoint such number of colonial bonded warehouses as may be necessary, and may approve and appoint warehouses, or places of security, within the Colony for the warehousing of goods without payment of duty on the first entry thereof, and may direct with what sureties, and to what amount, security by bond shall be required in respect of any ware- house so approved or appointed as aforesaid, or in respect of any goods deposited therein, or for the security of the duties thereon ; and may direct what description of goods shall be allowed to be warehoused therein, and may cancel the appointment of such warehouses, on notice of which cancel- lation the warehouse-keeper shall be required to pay duty on the goods remaining therein, or remove them to an approved warehouse within one month from the date of such notice, in default of which the goods shall be forfeited. The warehouse-keeper, or someone on his behalf, shall give, or procure to be given, security to H. M. by bond, with two sufficient sureties, such sureties to be approved by the comptroller, for the payment of the full duties of importation on or for the exportation of all such goods as may be at any time Avarehoused therein, and no goods shall be warehoused in any such warehouse until such security has been given : Provided always, that in cases of warehouses of special safety Customs. 103 Ord. 16,'84. the Gov. and Ct. of P. may direct that security to a loss amount be accepted, or that security bo dispensed with. All sums of money grants I and payable as duties under f l ' ] any ord. or law relating to duties on goods, shall be paid into the hands of the Kec. Gen., or other proper officer autho- rised to receive the same, to be applied to such uses as shall he directed by any ord. passed, or to be passed, by the Combd. Ct. All duties of Customs, rates, charges, drawbacks, and f* 7 J?5!j allowances imposed and allowed according to any specified quantity or any specified value, shall be deemed to apply in CU1 the same proportion to any greater or less quantity or value, and shall be paid and received in every part of the Colony in the current money of B. G., and according to imperial weights and measures. In all cases where any new duties of Customs, or other a 18 when new duties, rates, or charges under the management, collection, or tomaareim- control of the Comptroller, are or may be imposed by an "^ ord. in lieu of any duties payable at the time of the passing tinue until the of such ord., such former duties shall be and continue payable "h "r^ibi" ° and until such new duties imposed in lieu thereof shall become rds. in force at the time of passing such entry, save and except in cases where special provision shall bo made by such ords. to the contrary. In the event of any increase, decrease, or repeal of duties r' :0 ' of Customs chargeable upon any goods or commodities afti into, the making of any contract or agreemenl for the sale or mdBm delivery of such goods duty paid, it shall be lawful for tho creaaed duty to 104 Magisterial Law. Cra. 16/84. seller, in caso such increase shall accrue before the clearance 'i,/;/; 1 ,' 1 "" 1 '" and delivery of such goods from any colonial bonded or other warehouse at such increased duty, and after payment thereof, to add so much money to the contract price as will be equivalent to such increase of duty, and he shall be entitled to be paid and to sue for and recover the same ; and it shall be lawful for the purchaser under any such contract or agree- ment, in case such decrease or repeal shall take effect before the clearance and delivery of such goods from any colonial bonded or other warehouse at such decreased duty, or free of duty, as the case may be, to deduct so much money from the contract price as will be equivalent to such decrease of duty or repealed duty, and he shall not be liable to pay or be sued for or in respect of such deduction, s 21 As to poods Th e duties imposed by any oid. or law in relation to duties w^rri^or on goods shall be ascertained, levied, and recovered for and navigation. U p 0n a n goods brought or imported or exported by land or inland navigation, in the same manner, and by the same means, and under the same rules, regulations, restrictions, penalties, and forfeitures, as far as the same are applicable, as the duties on the like goods imported or exported by sea may and can be ascertained, levied, and recovered ; and if any goods shall be brought or imported or exported contrary hereto, or if any goods so brought or imported or to be exported shall be removed from the station or place appointed for the examination of such goods before such examination has been made, and before all duties payable thereon have been paid, such goods shall be forfeited, together with the vessel, boat, or carriage, and the horses or other cattle, in or by which such goods have been so imported or brought by land or inland navigation, or so removed. s 22 Abatement No claim for any abatement of duty in respect of any of duty. goods imported shall be allowed on account of damage, unless such claim be made on the first examination thereof, and in such form and manner as the Comptroller directs, nor unless it be proved to his satisfaction that such damage was sus- tained after such goods had been laden on board the importing ship, and before the landing thereof, and the damage sus- tained by such goods shall be ascertained on survey by two disinterested merchants, who shall certify to what extent, in their judgment, the same are lessened in value by such damage, whereupon the Comptroller may make an abatement of duty according to such estimation. s 23 Certain All moneys, bills, notes, drafts, or other valuable securities whnm S meTinin- which shall or may be received by any officer, clerk, or other of 22, '62. ' person in the service of H. M. in this Colony, either as duties of Customs, or under or by virtue of any ord. or by the order Customs. log Ord. 16/84. or direction of the Comptroller of Customs, or in virtue of his office or employment, or otherwise, for the use and service of H. M. or of the Colony, or of any public department, shall bo deemed to be moneys, bills, notes, drafts, or valuable securities within the meaning of the ord. 22 of the year L862 ; and in any information, indictment, or other instrument in relation thereto, the same may be laid as the property of H. M. If any dispute arises as to the proper rate of duty payable a 24 Dispute in respect of any goods imported into this Colony, and admis- tofc?. iaterf sible for consumption in the colony, the importer or his agenl shall deposit in thehandsof the Recr. Gen. the amount of duty demanded by the Contr. or sub-do., and such deposit shall be deemed and be taken to be the proper duty payable in respect of such goods, unless an action is commenced by the importer of such goods within 3 months from the time of making such deposit against the Att.-Gen. for the purpose of ascertaining whether any and what amount of duty is due and payable upon such goods ; and upon payment of such deposit and passing a proper entry for such goods by the importer or agent, the Contr. or sub-do. shall thereupon cause the goods to be delivered in virtue of such entry. In case no action is brought within the time limited for s 25 if no that purpose, such deposit shall be retained and applied to !1, ,!!,'!',,'■ the use of the Colony in the same manner as if the same had retamedaa been originally paid and received as the duty due and pay- able on such goods; and in case such action is brought, and it is thereupon determined by due course of law that the duty so demanded and deposited was not the proper duty due and payable upon such goods, but that a less duty or no duty was payable thereon, then the difference between the sum so deposited and the duty so found to be due, or the whole sum [faction go so deposited, as the ease may require, shall forthwith be "evenue 1 ^- returned by the Recr. Gen. to such importer, with interest portertobe thereon after the rate of $6 p. c. p. an., for the period during m vlumh ■ which the sum so paid or returned has been so deposited; and such payment shall be accepted by such importer in satis- faction of all claims in respect of the importation of such goods, and the duty payable thereon, and of all or any damages and expenses incident thereto, except costs of suit, which shall be in the discretion of the Ct., and if ordered to be paid shall be paid to the importer by the Recr. Gen. on the warrant of the Gov. It shall be lawful to import into the Colony any goods s 26 u. ■ which are not by this or any law or ord. in force at the time i'i-'i!i:i'!,'l,'m S '!"" of importation thereof prohibited to be so imported, and to warebxmse, under the laws in force for the warehousing of goods, except as hereinafter provided, in warehouses duly 106 Magisterial Law. Ord. 16/84. s 27 Time of importn. of g loda -and of arrival of ship- defined. approved for the warehousing of goods, without payment of duty on the first entry thereof, any goods subject to duties of ( lustoms, the importation and warehousing whereof is not pro- hibited by any law, &c. (as above) : Provided always, that the duties on such goods as the Gov. and Ct. of P., or the Combd. Ct. may from time to time enumerate, shall be paid on the first importation thereof, and such goods shall not be ware- housed, either for consumption in the Colony or exporta- tion. If upon the first levying or repealing of any duty, or the first permitting or prohibiting any importation, or at any other time, or for any of the purposes of the Customs Ord., it shall beconrShecessary to determine the precise time at which an importation of any goods shall be deemed to have had effect, such time shall be deemed to be the time at which the si iip importing such goods actually came within the limits of the port at which such ship shall in due course be reported, and such goods be discharged; and if any question shall arise upon the arrival of any ship in respect of any charge or allowance for such ship, exclusive of cargo, the time of such arrival shall be deemed to be the time at which the report of such ship shall have been or ought to have been made. No goods shall be deemed to be imported from any par- ticular place, unless they be imported direct from such place, and shall have been there laden on board the importing ship, either as the first shipment of such goods, or after the same shall have been actually landed at such place. The Postmaster- General may detain any letter, package, or other postal matter arriving in the Colony from abroad, which in his opinion may contain or consist of goods liable to duties, giving notice of such detention forthwith to the person to whom such postal matter is addressed, in order that such postal matter may be examined by such person or his agent in the presence of an officer of Customs ; and in case any dutiable goods shall be found such goods shall not be delivered by the Postniaster-General until the Contr., the duties being paid, issues his warrant for their delivery. The goods enumerated and described in the following table of prohibitions and restrictions inwards are hereby prohibited to be imported or brought into the Colony, save as thereby excepted, and if any goods so enumerated and described shall be imported or brought into the Colony contrary to the prohi- bitions and restrictions contained therein, such goods shall be forfeited, and may be destroyed, or otherwise disposed of as the Gov. may direct. Goods prohibited a. Books — wherein the copyright is subsisting, first composed, or to be imported, written or printed in the U. K., and printed or reprinted in any other country, and named in any printed list of such books made by the Comrs. s 28 Importn. to be direct. s 29 Power of Postmaster-Gen to detain letters, See. s 30 Prohibi- tions, &c. Customs. L07 Ord. 16/84. of H. M.'s Custom.s, not being foreign reprints, imported aooordingto ord. 14, '51. b. Coin — viz., false money or counterfeit Bterling. c. Coin — silver of the realm, or any money purporting to be soon, not being of the established standard iu weight or fineness. d. Indecent or obscene prints, paintings, photos, books, cards, litho- graphic or other engravings, or any other indecenl or obscene artii c Articles not the manufacture of the V. K.. and any packages of such articles, bearing any names, brands, or marks, being or purporting to bo the names, &c, of manufacturers resident in the U. K.. or any nun , . -which states or implies thai snch articles were manufactured at any place in the U. K. /. Any name. &c. (as in e), which states or implies that any such articles were manufactured at a town or place having the same name a place in the U. K., shall, unless accompanied by the name of the country in which such place is Bituate, be deemed for the purposes of this s. to state or imply that such articles were manufactured at a place in the U. K. g. Parts of articles — viz., any distinct or separate part of any art' not accompanied by title other part, or all the other parts of such article so as to be complete ami perfect, if such article be subject to duty, unl — with the permission of the Gov. //. Clocks and -watches not manufactured in the U. K., or any other article of metal impressed with any mark or stamp representing or in imitation of any legal British assay, mark or stamp, or purporting by any mark or appearance to be of the manufacture of the U. K. i. Infected cattle, sheep, or other animals, or the carcases thereof, and hides, skins, horns, hoofs, or any other part of cattle or other animals, which the Gov. and Ct. of P. may by restriction prohibit, in order to pre- vent the dissemination of any contagious distempi r. ,/. Spirits (not being cordials, or perfumed or medicinal spirits), un- less in ships of 35 tuns burthen at least, and in casks or other vessels capable of containing liquids, each of such casks or other vessels being of the size or content of 15 galls, at the least, ami duly reported; or un- less in cases of glass or stone bottles capable of containing in the whole not less than one gall, and a-half, or of not less than two demi-jeans capable of containing each not less than one gall., and forming part of the cargo of the importing ship, and duly reported. k. Tobacco, unless into ports approved by the Gov. and Ct. of P. for the importation and warehousing thereof ; nor unless in ships of not less than 35 tons burthen ; nor unless in whole and complete packages, each containing not less than '20 lbs. nett weight. /. Cigars, cigarillos or cigarettes, and snuff, unless into ports ap- proved by the Gov. and Ct. of P. for the importation and warehousing thereof; nor unless in ship* of not less than 35 tons burthen; nor unless in whole or complete packages, each containing not less than 5 lbs. of nett weight of cigars or snuff, or 20 lbs. nett. weight of cigarillos or cigarettes, including the paper forming the cover of each oigarillo or cigarette. Provided, however, that any adult male passenger arriving in tic Amonntof Colony may be permitted to land, free of duty, lib. in nett weight of '; cigars, cigarillos, or cigarettes, including the paper cover aforesaid, if IUv the proper officer of Customs is satisfied that such cigars, &o. are for such passenger's exclusive personal use; and thai on making entry and paying duty on board, as allowed by s. 91 hereof, any Buch p may land with his luggage any quantity nol exedg. 5 lbs. in netl weight of cigars, &c, including the paper covers afrsd., in addition to the 1 lb. nett weight which may be landed free of duty a* afrsd., if the pro] Ord. 16/84. 108 Magisterial Law. officer of customs is satisfied that such cigars, &c. are for such passenger's Pe ™° Opium— unless in ships of at least 120 tons burthen, and unless in packages, each containing not less than 5 lbs. nett weight, and forming part of the cargo, and duly reported. h. Ganje, charas, bhang, cannabis indica, or any preparation or mix- ture thereof, except under such regltns. as may be approved by the Gov. and Ct. of P. . . . ,, . , Wine— except into such ports as may be approved tor the importa- tion thereof by the Gov., &c, and in ships of not less than 35 tons. s 31 Arms, &c. The importation of arms, ammunition, gunpowder, or any other goods may be prohibited by proclamation of the Gov. s 32 Not bring- jf ((n!/ s fc p arr l v inq at any port or place in the Colony does not ^toatproper ^ ^ ^ ^.^ appointed by the Gov . or Ct . of P. for the boarding of ships : — or after arrival at stick place removes therefrom, except directly to some other proper place of moor- ing or unloading, and with the knowledge of the proper officer Not providing' of Customs :— or if the master of any ship on board of which S for otfr. any officer is stationed neglects or refuses to provide [for] every such officer sufficient room and accommodation under the deck for his bed or hammock: — Fine on the master of such ship $25—100. s 33 Vessel not If a ship arriving at any port or place in the Colony goes to ro alongside (l l onq side of any quay, wharf, stelling, or other landing place quay. &c. before J J J ■% J '„ , 77 ± • i l, .u „ reporting, with- before the master thereof has made due report as required by the out leave. Customs Ords., unless with the permission of the proper officer of Customs : — Fine on the master of such ship §100—500. s 34 Offrs. The proper officers of Customs may board any ship arriving and stay may board and n board until all the goods laden therein shall be duly delivered therefrom, search ships, and or un tii her departure, and shall have free access to every part thereof, stores g °° dS and w ith P°wer to fasten down hatchways or entrances to the hold, and to mark any goods before landing, and to lock up, seal, mark, or otherwise secure any goods on board such ship ; and if any place, or any box, or chest be locked and the keys be withheld, any examining or superior officer may open any such place, box, or chest in the best manner in his power. And if any goods be found concealed on board any such ship they shall be forfeited ; and if any officer shall place any lock, mark, or seal upon any goods on board, or on any place or package in which the same may be, and such lock or seal be wilfully opened, altered or broken before due delivery of such goods, or if any of such goods be secretly conveyed away, or if the hatchways or entrances to the hold after having been fastened down by the officer be opened : — Fine on master of ship $500. Ord. 16/84. Customs, 10 'J If the proper officer of Customs shall place anj- lock, mark, or seal, upon any stores or upon any place <>r package in which the same may be on board any ship or vessel arriving in the Colony, and suck lock, mark, or seal be \\ ilfully opened, altered, or broken, or if any such stores be secretly conveyed away, either while the ship remains in the port at which she shall have so arrived, or at any other port in the Colony to which she may then bo about to proceed : — Fine on master, §25 — 100. No goods, except bullion or coin and fresh fish, which may be s 35 Time and landed without report or entry, shall be unshipped from any So^ oflan regulations as may be from time to time made by the Contr., withauth grant permission under his hand to the master of any vessel for the landing of any goods to be specified in such warrant, of which due entry has been made, at any place or places in the colony to be specified in the permission, although the same may not be a legal opiay, and such goods may be lawfully landed at the place specified in such permission, although no officer of customs be present at the landing thereof, and such goods may he lawfully landed at the place specified in such permission, although no officer of customs be present at the landing thereof, and such goods may be lawfully landed on any day except a Sunday. Provided always, that the proper officer of customs may direct thai any part of such goods shall nol he removed from the ship, or from the place at which they were landed previous to his examination : — Any such goods removed contrary hereto shall be forfi 118 Magisterial Law. Ord. 16/84. s 67 Account of goods to be warehoused. Book entries. Account of goods for expor- tation. Subject to full examn. Upon tho entry and landing of any goods to be warehoused, or within such period as tho Contr. or sub-do. may direct with respect to the same or any of them, the proper officer of customs shall take an account of such goods at the quay or wharf at which they shall be so landed or in the warehouse, if they be goods of which the account is permitted to be taken in the warehouse, and shall enter in a book prepared for that purpose the name of the importing ship, and of the person in whose name they are entered, the marks, nos., and the general description of the goods, and the warehouse or place in the warehouse in which the same are deposited. Provided that where any such goods are entered to be ware- housed for exportation only, there shall be taken at the quay or wharf, or in the warehouse (as the case may be) the no. and description only of the packages and marks of all such goods entered to be warehoused for exportation only, unless the Contr. or sub-do. directs that a full examn. be made ; and when the same shall have been so deposited with the authority of such officer, he shall certify that the entry and warehousing of such goods is complete, and such goods shall from that time be considered goods duly warehoused. If any such goods shall be delivered, withheld, or removed from the proper place of examn., before the same shall have been examined and certified by such officer : — Such goods shall be deemed to be goods not duly entered or ■ware- housed, and shall be forfeited. s 6S Ware- housed p-oods deposited in their packages (exceptions). All goods warehoused shall be deposited in the packages in which the same were imported, except such goods as are per- mitted to be skipped on the quay, or bulked, sorted, sepa- rated, lotted, packed, or repacked in any Col. B. or other warehouse after the landing thereof, in which case they shall be deposited in the packages in which the same are when the account thereof is taken by the proper officer. If such goods are not so deposited : — or, if any alteration is afterwards made in the goods or packages so deposited, or in the packing thereof in the warehouse, or in the marks and nos. of such packages : — or, if the same are removed from the room, or compartment in the warehouse, within which the same are deposited, without the presence or sanction of the proper officers, {except for delivery under the proper warrant, order, or au- thority for that purpose) : — Such goods shall be forfeited. s69 Mode of The Contr. (with the consent of the Gov.) may direct what dlsMetonof ' m goods may be shipped on the quay, or be bulked, sorted, Contr. and Gov. Customs. 119 Ord. 16,'84. separated, lotted, packed or repacked, and determine in respect of what goods tko account may be taken in any warehouse approved by the Oontr. for that purpose, and within what time after the landing thereof, and on Buch conditions as ho may deem necessary. If the occupier of any warehouse neglects to stoio the goods s70rvmiity warehoused therein so that easy access may be had to the „• ', packages and parcels thereof: — Fine on occupier for every such neglect, $25. If any warehouse-keeper docs not produce to any officer of s 71 for not cttns. on his request any goods deposited in his warehouse which [lanaedgooda. have not been duly cleared and delivered therefrom : — Fino on warehouse keeper for every such neglect, $25 in respect of every package or parcel not so produced, besides the duties due thereon. If any goods entered to be warehoused are not duly warehoused S ^,^ J "'\T "" ? in pursuance of such entry: — Or {being duly warehoused) are in any way concealed in or removed from the warehouse, or ab- stracted from any package, or transferred from one package to another, or otherwise, for the purpose of illegal mixing, removal, or concealment : — Forfeiture of such goods. If any person clandestinely opens any warehouse : — Or {except s ^ 3 lr I>c 1 n ^ el in the presence of the proper offr. of ctms., acting in the execon. opening -waix- of his duty), gains access-to the goods therein : — Fine for every such offence, §500. house. If any goods are taken out of any warehouse without duo s 7 f Removing entry, the warehouse-keeper shall forthwith pay the duties warehouse with- due upon such goods. out duc untr J- Every person taking out any goods from any warehouse with- out payment of duty: — Or, who aids, assists, or is concerned therein : — Every person who destroys, or embezzles, any yoods duly ware- housed; — misdr. : — Fine not exedg. §1,000, or impr. with or without h. 1. not exedg. 2 years : — or to be so fined and imprisoned. But if such person is an offr. of ctms. or excise, not acting in the due execution of his duty, and is prosecuted to convic- tion, no duty shall be payable for or in respect of Buch goi and the damage occasioned by such destruction or embezzle- ment shall, if tho Gov. sanction the payment of the amount, 120 Magisterial Law. Ord. 16/84. S 75 Accidents to warehoused goods. s 76 Accidents to goods ware- housed in transit, &c. be repaid, or made good, to such importer, consignee, or pro- prietor. No compensation by the Govt, to importer, &c, for damage in any colonial bonded warehouse by fire or by un- avoidable accident. If any goods warehoused, or entered to be warehoused, or entered to be delivered from any Col. B. or other warehouse, are lost or destroyed by unavoidable accident, either on ship- board, or in removing, landing, or receiving into any Col. B. or other warehouse, or in any such warehouse : — The Gov. may remit or return the duties due, or paid thereon. s 77 Removal of goods from one warehouse to another. Modus operandi. S 78 Particulars of removed goods. Bond of re- mover. Custody of bonds. Controller's cer- tificate. Discharge of bond. Any goods warehoused at any port in the colony may be re- moved by sea or by inland carriage to any other port (in which the like kind of goods may be warehoused), to be re-ware- housed at such other port, and again (as often as may be required), at any other such port to be there re-warehoused, or (with the permission of the proper officers of customs), from any warehouse in any port to any other warehouse in the same port {under such reyns., and with such security, as the Contr. may direct), on the delivery to the proper officer, by the proper person requiring such removal, of a request note stating the particulars of the goods requiring to be removed, the name of the port (or of the warehouse if in the same port), to which the same are intended to be removed, and with such other information, and in such manner and form as the Contr. or the proper officer may direct or require. On the delivery of any goods for removal, an account con- taining the particulars thereof shall be transmitted by the proper officer of the port of removal to the proper officer of the port or place of destination : — and the person requiring the removal thereof shall enter into a bond, with one sufficient surety, in a sum equal at least to the duty chargeable on such goods, for the due arrival and re-warehousing thereof at the port or place of destination within such time as the Contr. may direct : — such bond to be taken by the Contr. or other proper officer, either of the port or place of removal, or the port or place of destination, as best suits the residence or convenience of the parties interested in such removal : — and if such bond is given at the intended port or place of destination, a certificate thereof, under the hand of the Contr. or sub-clo. shall, at the time of the entering of such goods, be produced to the Contr. or sub-do., at the port of removal : — and such bond shall not be discharged unless such goods have been produced to the proper officer and duly re-warehoused at the port of destina- tion within the time allowed for such removal, or have been Customs. 121 Ord. 16/84. otherwise accounted for to the satisfaction of the Contr., nor until the full duties due upon any deficiency of such goods not so accounted for shall have been paid. But any remover General bond. or warehouse-hooper may enter into a general bond, with Bueh sureties, in such amount, and under such conditions, as the Contr. may approve, for the removal from time to time of any goods from one warehouse to another, and for the due arrival and. re- warehousing of the Bame at the place of destination, within such time or times as the said ( lontr. may dn Upon the arrival of such goods at the port or place of des- s79 "nre- tination, the same shall he entered and warehoused in the '",;',',',!'"'.; same manner, and under and subject to the same laws, roll ^g. and regulations, so far as the same are or can he made applic- able, as are required on the entry and warehousing of goods on the first importation thereof. If, upon the arrival of goods so removed as aforesaid at s 80 Ooods the port of destination, the parties are desirous forthwith to re-war,'!.' export the same, or to pay duty thereon for use in the Colony, ->n »yn without actually lodging the same in the warehouse for which they have been entered and examined, to be re-warehoused, the officers of customs at such port or place may permit the same to be entered and delivered for use in the Colony upon may be ddivered payment of the duties due thereon ; or, after all the formalities urUst -' mcu on >> of entering and examining such goods for re-warehousing have been duly performed, to be entered and shipped Eor exporta- ^' i( \ 1 j|.;J- ( 1 J ^' r tion, as if such goods had been actually lodged in Buch ware- house ; and all goods so exported, or for which the duties have been so paid, shall be deemed to have been duly cleared "£" d cmcd from such warehouse. All goods warehoused in any col. bonded or other ware- 5SJ5JJ house shall be cleared, either for use in the Colony or exporta- housing, tion, at the expiration of one year from the day on which the same were so warehoused, unless the owner or proprietor of such goods is desirous of re- warehousing the same, in which case the same shall be examined by the proper officers, and the duties due upon any deficiency or difference between the quantity ascertained on landing and the quantity found to exist on such examination, together with the necessary ex- ^^J^d. penses attendant thereon, shall (subjed to such allowances as are by law permitted in respect thereof) be paid down, and the quantity so found shall be re-warehoused in the name of the then owner or proprietor thereof, in the same manner as on first importation : — Provided that if the owner or proprietor, with tho con- Wbenaooonnt „ , -, 1 , • i I 1 ikeii at l.iinline currence of the warehouse-keeper, desires to warehouse tne may be adopted same according to the account taken at the landing thereof, ■g-^ without re-examination, such re-examination may bo dis- 122 Magisterial Law. Ord. 16,'84. Liability of warehouse- keeper for deficiency. s 82 Goods remaining in warehouse over time, to be sold by auction. Application of proceeds. Where insuffi- cient value — balance primarily pay- able by ware- house-keepers. s 83 Sorting &c. in ware- houses ; to bottle wines, &c. ; pensed with if tlio officers are satisfied that the same are still in the warehouse — that the packages are entire — and that there is no reason to suspect that there is any undue defi- ciency ; but the warehouse-keeper shall be liable to make good the duty on any deficiency not allowed by law which may be discovered in tho goods at the time of delivery Hie roof. If the goods warehoused in any Col. B. or other warehouse are not duly cleared, exported, or re-warehoused, and the duties ascertained to be due on the deficiencies as aforesaid are not paid down at the expiration of 1 year from the previous entry and warehousing thereof, the same, if worth the duty, shall, after one month's notice in the 0. Gr., giving marks, numbers, importing ship and importer's name, if known, with all con- venient speed be sold by public auction, with or without the consent of the warehouse-keeper, or any person claiming any charge or lien thereon or any property therein; and the proceeds thereof shall be applied to the payment of the duties, warehouse rent and charges, and the surplus (if any) shall be paid to the owner or proprietor of such goods (if known)— but if such owner or proprietor cannot be found, such surplus shall be paid to the Beer. Gfen., to abide the claim of such owner or proprietor, on his appearing and making good his claim thereto, if such claim is made within a year from the time of sale : — And if such goods are not worth the duty, then the same, after such one month's notice as afsd., shall be forfeited to H. M., and the duties due upon any deficiency in any ware- housed goods not allowed by law shall be forthwith paid by the warehouse-keeper, who shall be entitled to recover the amount from the owner of the goods. AVith the sanction of the Contr. or sub-do., and after such notice given by the respective importers or proprietors, at such times and under such regulations and restrictions as the Contr., with the approval of the Gov., may from time to time require and direct, it shall be lawful in any Col. B. or other warehouse to bulk, sort, separate, lot, pack and re-pack any such goods, and to make such alterations therein as may be necessary for the preservation, sale, shipment, or disposal thereof, provided that such goods be repacked in the packages in which they were imported, or in such other packages as the Contr. or sub-do. permits (not being less in any case, if the goods are to be exported or to be removed to another ware- house, than is required by law on the importation of such goods) ; and also in any Col. B. warehouse to draw off wines or spirits into reputed quart or pint bottles, or bottles or flasks of such small size as the Contr. may see fit, for con- Customs. 123 Ord. 16,'84. sumption in the colony or for exportation: and to draw i — and mix any wine with spirits, and not exceeding the pro- spirit*-, portion of 10 galls, of spirits to loo galls, of wine — provided [timitati that if the wino so mixed be thereby mixed to a degree of strength than S3 p. c. of such proof spirit, Buch wine shall not he admitted for consumption: — hut wine rfor bond may ho fortified to a greater degree of strength for c ' ilKJlt ' exportation only if it appear to the said Contr. to be ary for its preservation : and also to fill up any casks of wine or to fill up casks ; spirits from any other casks of the same respectively securi d in the same warehouse : and also to rack off any vino from rack off wines; the lees and mix any wines of the same sort, erasing from the casks all import brands, unless the whole of the wine so mixed be of the same brand : and also to take such samples to take samples: of goods as may be allowed by the Contr. or sub-do., with or without entry, and with or without payment of duty, except as the same may eventually become payable, as on a defi- ciency of the original quantity : and the duty on the surplus payment of duty /•on,. i ° i i ii- in • ,i uu surplus ; (it any) of such goods as may be delivered tor use in the colony shall be immediately paid : and such surplus shall thereupon he delivered for use in the colony ; and alter such goods have been so separated and re-packed in proper or approved packages, the Contr. may, at the request of the importer or proprietor of such goods, cause or permit any refuse, damage, or surplus goods occasioned by such separa- tion or re-packing, or, at the like request, any goods winch remission of may not bo worth the dutv, to be destroyed, and may remit '!'"" BOn lossea •/ ** * \j ' «/ e), shall deliver as many copies Ord. 16/84. Customs. 125 of tho bill of entry thereof as the Contr. or sub-do. may require, in which copies all sums and numbers may be expressed in figures. Tho importer, or his agent, shall produce to such officer (if required by him) the invoices, bills of Lading, furnisher's accounts, and all other documents relating to the goods. If such importer, or agent, wilfully refuses to produce such invoict 8, Src. : — Or produces any invoice, 8fc, relating to the goods which, within the knowledge of such importer, or agent, is false in any particular : — Fine on importer or agent §300 — §500. McGowan v. Davis (5 June,'85). Where there is a positive enactment that a person under certain s90 Wilful ub- circumstances shall do a certain thing, if, on the occurrence of such M '-'".'"» fr,,Ii i circumstances, he wilfully abstains from, doing what is enjoined (which, j, of course, implies that he has the power to do the thing), the abstention is, in itself, a breach of the law, although no ulterior illegal act is contem- plated. The regulations of customs are of this nature, and all thai tho prosecutor required to prove is, that the deft, failed to do what the law required, and that his failure was wilful. If any goods or othor things are found concealed in any s91 Goods con- way : — or packed in any package or parcel, to deceive the without r entiy to officers of customs : — bc forfeited. Forfeiture of package or parcel, and all the contents. Provided always, that no entry shall be required in respect Passengers need of the baggage arriving in the colony in any ship which !.', maybe examined, landed, and delivered under such regula- tions as the Contr. (with the approval of the Gov.) may direct ; but if prohibited or uncustomed goods be found concealed therein, either before or after landing, the same shall bo forfeited, together with the other contents of the package containing tho same : and provided further, that such passengers having any dutiable goods among their baggage may enter the same with, and pay the amount of tho duties to any customs officer on board such ship, and such officer may receive such duties at once, and grant a warrant for the immediate landing of such goods: and such officer shall, within 24 hours thereafter, pay over to the Rec.-G-en. all amounts so received by hi in for duties. If am/ person imports, or causes to he imported, floods of one s 92 Fnudn- denomination concealed in packages qj goods OJ ana other de- entries and oan- nomination : — or any package containing goods not corresponding oeahneats. with the entry thereof: — or directly or indirectly imports, or causes 126 Magisterial Law. Ord. 16/84. s 93 Surplus stores may be entered for private use. S 94 Agent to produce au- thority if re- quired. s 95 Officers may take S 96 Procedure ■where goods are undervalued. Detention. to be imported or entered, any package of goods as of one de- nomination, which is afterwards discovered {either before or after delivery thereof) to contain other goods, or goods subject to a higher rate, or other amount of duty, than those of the denomi- nation by which such package, or the goods in such package, were entered : — Forfeiture of such package and the goods therein, fine on such person for every such offence, §500, or treble the value of the goods contained in such package, whichever is the greater amount. Provided that the Contr., when satisfied that fraud is not intended, shall allow the amendment of entries in cases where the duty on goods incorrectly declared does not exceed $25. The Contr. or sub-do. may permit surplus stores, not being merchandise, nor by him deemed excessive, to be entered for private use under and subject to the same duties, rules and regulations as the like sort of goods would be subject to on importation as merchandise, or permit any surplus stores to be entered and warehoused for future use as ship's stores, although the same could not be legally imported by way of merchandise. "Whenever any person makes applon. to any officer of customs to transact any business on behalf of any other per- son, such officer may require of the person so applying to produce a written authority, properly authenticated (if need be) from the person on whose behalf such applon. is made, and in default of the production of such authority may refuse to transact such business. The officers of customs may, on the entry of any goods, or at any time afterwards, take samples of such goods for examn., or for ascertaining the duties payable on such goods, or for such other purposes as the Contr. may deem necessary, and such samples shall be disposed of and accounted for in such manner as the Gov. may direct. If upon the examn. of any goods entered for duty, which are chargeable with duty upon the value thereof, it appears to the Contr. or sub-do. that such goods are not valued according to the true value thereof — or that they are properly chargeable with a higher rate or amount of duty than that to which they would be subject according to the value thereof as described in the entry — it shall be lawful for such Contr. to detain the same, in which case he shall forthwith give notice in writing to the person entering the same of the detention of such goods, and of the value thereof as estimated by him, either by delivering such notice personally or by transmitting the same by post to such person addressed to him at his place of abodo or of business if the same is known : — and the Contr., Customs. l_-7 &c, shall, within 48 hours after tho detention of such goods, 0r d ' 16 ' 8 4 - determiuo either to deliver such goods on the entry of Buch person, or to retain tho same for the use of the colony, in Retention for which latter case he shall cause tho value at which the were so entered, together with an addition of 10 p. c. and the duties already paid on such entry, to he paid to the person entering the sanio in full satisfaction for such goods, or ho Amendment of may permit such person on his application for that purpose to entry- amend such entry by inserting such value, and on such ten as he may direct. Such goods, if retained, shall be disposed of for the benefit of the colony, and if tho proceeds arising therefrom in case of sale exceed tho sums so paid, and all charges incurred l>y tho colony, one moiety of such surplus shall he carried to account as import duties, and the other half shall be disposed of as the Gov. may direct. No entry or warrant for the landing of any goods shall be s 97 Validity of deemed valid unless made in accordance with the provisions of entry ' the Customs Ords. Every importer, uncut, or other person entering any goods, s 98 Failure to 7 ,• '■• , 7 '..i !i , • J 7 .. n .1 'umplv with who Jans to comply with the joregovng regulations, so Jar as they regulations. are respectively applicable to the goods entered by Jiim : — Fine not exedg. §100, and forfeiture of such goods. No person shall export any warehoused goods, or goods s . " Esporta- liable to duties of customs transhipped, or goods entitled to housed goods- drawback on exportation, except in the presence of an officer hiz ' " f >1 " 1 '- of customs, nor shall enter any such goods for exportation from tho colony to parts beyond the seas in any ship of less burthen than 35 tons, unless by special license of the Contr. In case any goods upon which duties have been paid and s 100 Duty- upon which no drawback has been claimed are, after being takeout of duly entered for exportation, taken out of or exported from oolonyana the colony, such goods may, subject to any regns. which bl "" M 1: " k - may at the time be in force, be brought back to and landed in the colony without payment of further duty or on payment of such further duly, if such goods are increased in value, as may then be legally chargeable. It shall bo lawful for the officers of customs to open and slOlExami- examine all goods shipped or brought for Bhipment at any j'/.,'. placo in the colony, and the opening for that purpose of packages containing such goods, and the weighing, re-packing, landing (when water-borne), and the shipping thereof shall be done by or at the expenso of the exporter. Tho Contr. or sub-do. may, if he thinks lit, grant a b 102 Shipment license to the master of any vessel for a time to lie limited in | a J such license to take on board such vessel any of the products of tho colony, except goods liable to excise duty at any port 128 Magisterial Law. Ord. 16/84. s 103 Power for Got. to prohibit exptn. of arms, &c. s 104 No spirits to be exported unless in 9 gall, casks or (bottled) 9 gall, cases. s 105 Bonds on exportation of certain goods. s 108 Exporter to deliver ship- ping bill before claiming draw- back. of tho colony without first mating an entry of such products for shipment. The following goods may by proclamation of the Gov. be prohibited either to be exported or carried coastwise :— arms, ammunition, and gunpowder, military and naval stores, and any article which the Gov. judges capable of being con- verted into, or made useful in, increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food for man. If any goods so prohibited are exported, or brought to any quay, or other place, to be shipped for exportation from the colony, or to be carried coastwise, or are water-borne to be so exported or carried: — Forfeiture of such goods, and fine oa the exporter, or his agent, or the shipper of any such goods, §500. If any spirits are exported from the colony to parts beyond the seas, or are brought to the colony, or to any wharf, quay, or other place, or are water-borne for that purpose in casks, or, if such spirits are bottled, in packages containing less than 9 galls, each of such spirits, the same shall be forfeited : provided that with the permission in writing of the Contr. any smaller quantity, not being less than 1 gall., may be exported. Before any warehoused goods, or goods entitled to any drawback of customs on exportation, or exportable only under particular rules, regulations, or restrictions, are permitted to be exported, the exporter, or his agent, shall deliver to the Contr., or other proper officer, a shipping bill, and give such security by bond as the Contr. requires that such goods shall be duly shipped and exported, and landed at the place for which they are entered outwards, within such time as the Contr. deems reasonable, or be otherwise accounted for to his satisfaction ; and such shipping bill, when certified by the proper officer, shall be the export entry for the goods enume- rated therein, provided that any person desirous of exporting any such goods may, at his option, and subject to such regu- lations as the Contr. may direct, give a general bond with such security, in such amount, and under such conditions, as the Contr. may require, in lieu of a separate bond for each expor- tation, first delivering in each case to the proper officer a notice in such form as the Contr. prescribes, containing an account of the particular goods to be exported by him under such general bond in any particular ship. Before any goods upon which any drawback of customs on exportation is claimed are shipped or water-borne to be shipped for exportation, the exporter or his agent shall deliver to the Customs. 129 Ord. 16,'84. proper officer of customs a shipping bill, with claim and declaration. (Form 6, Sched. B., &e., as in s. 47.) If ami (loads uikiii which any drawback is claimed an found si07r>ruw- J i <•■ t> i * 4 1 ■ 41 l ' ■ back, on examn. by any officer <>J customs not t<> be m tin packages m improperly which they were originally imported: — Or not to agree with the shipped. entry in the shipping hill <>r other proper document for allowance of drawback mi shipment : — Or are found to be of less value for use in the colony than the amount of the drawback claimed: — Or if the declaration be false : — Forfeiture of all such goods, and the packages containing the same shall be forfeited, and fine ou the person entering such goods and claiming the drawback thereon, in any <>r every such case, §-3U0, or treble the amount of drawback claimed, whichever is the larger. Before any warehoused goods not subject to any duty ou s 108 shipping J , . , ° , ■, J . -i i ■ -in bill of rob. not exportation are snipped, or water-borne to be snipped ior dutiable. exportation, the exporter, or his agent, shall deliver to the Contr. or sub-do., a shipping bill of such goods, and a declara- tion. (Form 7, Sched. B., &c, as in s. 47.) If the shipping bill or declaration is false: — Fine on the exporter, §100— §5u0. The provisions of the Customs Ord. with reference to the sl09 Tran- • xportation of warehoused goods, so far as they are applicable, drawback goods. shall be deemed to apply to and include goods liable to duties of customs transhipped, and goods exported on drawback. Any person exporting goods from this colony, not being s 110 warehoused or drawback goods, shall, before the clearance of the ship in which such goods are to be exported, deliver to the Contr., and if the same are liable to dut}', to the Becer.- Gen. in duplicate, a bill of entry (forms 7, 8 or 9, Sched B., &c, as in s. 47), and such person shall pay to the Eecer.-Geu. all duties due, if any, upon the goods : — If any such bill of entry be false : — Fine on exporter, §100 — §500, and forfeiture of goods. //' any exporter of goods who has delivered a specification s 111 Gds. not thereof for exportation in any ship fails, in case such goods < any of them are nut dull/ shi/>j>ed, to attend the proper officer ■ customs within six days after the final clearance outward of such ship, either by himself or his agent, a/id correct such specif' - tion : — Fin, The shipping bill or bills, when filled up and signed by the Bll . • & i • ■■ S i • / xi. 1 " 11 duly exporter or his agent, or the consignee ot the ship v as the ease u P. K 130 Magisterial Law. Ord. 16,'84. signed to be clearance ; tran- shipment gds. to be a i arately specified. s 113 Improper removal of warehoused goods. S 114 Loss of ■warehoused goods — remis- sion of duties — Gov. S 115 On cer- tificate of land- ing of goods ; or evidence of loss of ship ; or of consump- tion of goods at sea; return of import duties. may be\ in such manner as the officer of customs may re- quire, and countersigned by him, shall bo the clearance for all the goods enumerated therein; and if any of such goods consist of transhipment goods, the exporter or his agent shall, under a penalty of MO, furnish to the officer of customs an accurate account thereof, with the marks, nos., and descrip- tion of the packages, and the contents thereof, which, when certified by the officer of customs, shall accompany the ship. If the exporter or his agent requires a similar certificate in respect of any goods shipped for exportation, the officer shall, en its being presented to him for the purpose, certify the same. If any goods In km from any Col. B. or other warehouse, for removed or for exportation, are removed or shipped, except with the authority or under the rare of the proper officer of customs, and in such manner, within sad, time, and by such roads or ways as such officer permits or directs : — Forfeiture of such goods. If any such goods are illegally removed or carried away from any carriage, cart, boat, lighter, quay, wharf, or other place, prior to shipment thereof on board the exporting or removing vessel :— Or from any ship, cart, or carriage in or on which the same have been shipped or laden : — The bond given in respect thereof shall be forfeited, and may forth- with be put in suit for the penalty thereof, although the time prescribed in such bond for the landing or removal and re-warehousing of such goods at the place of destination has not expired. If any goods duly entered for delivery from any Col. B. or other warehouse for removal or exportation are lost or de- stroyed by unavoidable accident, either in the delivery from any such warehouse or the shipping thereof, the Gov. may remit the duties thereon. The party exporting any goods shall produce to the Bee. Gen. within 12 months from the date of exportation, a certifi- cate from the principal officer of customs, the British Consul (or where there is no British Consul, from any two merchants of known respectability), of the port whereinto the goods are exported, or such other certificate as shall satisfy the Bee. Gen. of the due landing of the same in such port ; or such other evidence as shall satisfy the Bee. Gen. either of the loss of the ship in which the goods were exported, or that such goods were consumed at sea on board the exporting ship, and thereupon the Bee. Gen. shall repay to such party the amount of duties paid on the importation of the said goods ; but no drawback allowed upon the exportation of any goods shall be paid after the expiration of 12 months from the date of the shipment of such goods. Customs. 131 Ord. 16/84. No drawback shall be allowed upon the exportation of any ,,TT goods entered for drawback or as stores, which are of less value entered! for use in the colony than the amount of the drawback claimed : — lVi.~ .1/1U Pi rf eiture of all such g 1- bo entered, and fine on the person wl caused such <_-■,, ods to 1,.- entered, si, mm, or treble the amount of drawl claimed, « hichei i c La the largi c sum. No drawback shall be allowed for any goods where the sirr v ■■;»»»» amount of Buch drawback is Less than v">. If any goods which have been cleared to be exported from any s 118 Gda. Col. B. or other warehouse, or for any drawback, are shipped, or \.. entered to be shipped, on board any vessel of less burden than 35 Penalty. tons, or are not duly exported to parts beyond the seas : — Or if the saute or am/ other goods which hare /,(<,/ shipped for expor- tation are unshipped, tranship/nil, tir re-landed, in any part of the colony such goods not having been duly re-landed or dis- charged as shortshipped under the care of the proper officers) : — Forfeiture of such goods, together with any ship, boat, or craft, which may have been used in bo unshipping, transhipping, re-l an di n g, landing, or carrying such goods from the ship in which the same were shipped for exportation : and forfeiture by the master of such ship, and any person by whom, or by whose orders, or means, Buch goods arc unshipped, tran- shipped, re-landed, Landed, or carried; or who Bhall aid, assist, or be concerned therein, of all claim to such drawback, if not received, or if received, a sum equal to the amount of such drawback, or treble the value of Buch goods, or $500, whichever is the largest sum. The muster of every ship of the burthen of 40 tons or sll9Bowerto p" 7 J . , , permit shipment upwards, departing from any port in the colony upon a of ship's t voyage to parts beyond the seas shall, upon due authority and request made by him, and upon such terms and con- ditions as the Contr. may direct, receive from the Contr. or Bub-do. an order for the shipment of such stores as may be required and allowed Ly the Contr. or sub-do. for the use of such ship, having regard to the number of the crew and passengers on board, and the probable duration of the voyage on which she is about to depart; and every such request shall he made in such form and manner a^ the Contr. or Bub-do. requires, and shall be signed by the master or owner of the vessel; and the master, or his agent duly authorised by him in writing for that purpose, shall deliver to the export officer the stores content, containing the particulars of such stores, and shall make out and subscribe thereon, in the presence of the proper officer, a declaration that the contents then of are true, and that all the requirements of the Merchant Shipping Acts respecting outward-hound ships have been complied with, and also an accounl of the Btores so shipped, together with any other stores then already OS K 2 Ord. 16,'84. 132 Magisterial Law. board, and tho latter, when signed by the export officer, and countersigned by tho Contr. and sub-do., shall be the victualling- bill ; and no stores shall be shipped for the use of any ship, nor shall any articles taken on board any ship be deemed to be stores, except such as are borne upon such victualling bill : — If any such stores be re-landed at any place in the colony {without the sanction of the proper officers of customs) : — Forfeiture of such stores, and fine on the master and owner of the ship (each) treble the value of such stores, or $500, whichever is the larger sum. s 120 Copy of If there be on board any ship any goods being part of the given tosearcher inward cargo reported for exportation in the same ship, the in certain cases, master shall, before clearance outwards of such ship from any port in the colony, deliver to the searcher a copy of the report inwards of such goods certified by the Contr. or other proper officer, and if such copy be found to correspond with the goods so remaining on board, the proper officer shall sign the same, to be filed with the certificates or shipping bills (if any), and victualling bill of the ship. sl21 Contents Beforo any ship, not being: s. ship allowed to land goods <>t snip cli 'urin*-'* ■/ x* o ±. *j outwards. ' without first making a report, is cleared outwards from the colony, the master, or other person authorized in writing by him, shall attend before the Contr. or other proper officer, and shall answer all such cpuestions as shall be demanded of him by such Contr. or other proper officer concerning the ship, the cargo, and the voyage ; and shall deliver to the Contr., &c. a content of such ship, Form 10, Sched. B., or to the same effect, and containing the several particulars therein required, as far as the same can be known by him ; and shall make and subscribe the declaration at the foot thereof in the presence of the Contr. or sub-do., unless such content shall be in any case dispensed with by the Gov. ; and before clearance shall deliver the certificates (if any) to the Contr., &c, who shall file them, together with a copy of the report inwards (if any) of goods reported for exportation in such ship and the victualling bill, with a label attached and sealed thereto in the form and to the effect following : — (Seal.) Clearance Label. No. of certificate {Nos. in figures). Ship [name of ship). Master {name of master). Destination ■Date of clearance Signature of Contr. or other proper ) officer of customs. ) Ord. 16,'84. roMS. and such label, when filled up and signed by the proper officer, shall be the clearance and authority for the departun the ship. If any master, or other person authorized l>y the master to obtain the clearance of any .such ship, fails or refuses to answer any such question, or to answer truly: — Or if any of the parlars. contd. in such content are false : — Fine on master -InO— $500. If any such ship is not duly cleared as herein directed: — Fine on master $500. When any ship, having been cleared at one port, proceeds Bl22Add to take in goods at any other port, the master shall, after due SJTpped a* S£ ' shipment of such goods at such other port, deliver to the ferentporto. ( lontr. or other proper officer there an additional like content of the goods so shipped, and so on from port to port until final clearance outwards of the ship ; and in each instance the additional certificates if any and other necessary documents shall be attached to the label used at the first port of departure, and be sealed in like manner. [f a s. ship, allowed to bo cleared by the agent of the s 123 clearance owner thereof, departs with any goods shipped on board, or a in ballast, and without being cleared as required in the ease of other ships, the agent of the owner shall, within -is hours of such departure, exclusive of Sundays and holidays, clear Buch steamship by delivering a content thereof in the manner and form required in the ease of other ships, and generally by doing all things in reference to such content which the masters of other ships are required to do : — In case of any default, lie shall be liable to the penalties to which such masters in like cases are liable. If any goods liable to duty on exportation, or taken from b 124 .Shipping any Colonial 15. or other warehouse to be exported, or entitled £ds. amtraxyto to drawback on exportation, or transhipped, which are enu- merated in the content of any ship, are not duly shipped before the departure of such ship, or are not duly certified by the proper officer of customs as short-shipped, such goo shall be forfeited. If any goods arc unshipped without the sanction of the proper officer of customs in any part of the colony from any ship entered outwards: — Forfeiture of such goods, and fine on master of such ship and every person concerned in such unshipment, $500, or treble the value of the i- unshipped or landed, whichever is the larger sum. 134 Magisterial Law. Ord. 16,'81 s 125 Gds. Bhipped witht. clearance. S 126 Depart- ing witht. clearing. If any goods for which entry before shipment is required are shipped, put off, or water-borne to be shipped without being duly cleared, or otherwise contrary to the provisions of the Customs Ords. : — Forfeiture of goods. If aiii/ ship departs from the cleared : — s 127 Clearance of ships in ballast. Passenger ships are "in ballast." s 128 Tower to board after clearance. colony without being duly Fine on the master, and the agent of the owner hy whom the ship ought to have been cleared, §500, and, when practicable, the ship may be seized by any officer of customs, and detained until such fine is paid. If any ship departs in ballast from the colony for parts beyond the seas, not having any goods on board except stores borne upon the victualling bill, nor any goods reported inwards for exportation in such ship, the Contr. or sub-do. may, on the application of the master, clear such ship in ballast by notifying such clearance and the date thereof on the victualling bill, and he shall deliver such victualling bill to the master of such ship as the clearance. Provided, that if after such clearance a cargo is obtained for such ship, or other good cause is shown, the clearance may be cancelled by the Contr. or sub-do., on the applon. of the master thereof; and the master of such ship shall answer to the Contr., or other proper officer such questions touching her departure and destination as shall be demanded of him ; and ships having only passengers with their baggage on board, shall be deemed to be in ballast : — If any sack ship departs without being duly cleared: — Fine on the master $500, and seizure and detention of the ship by any officer of customs until the fine is paid. Any officer of customs may go on board any ship after clearance outwards within the territorial waters of the colony, or within one league of the coast of the colony, and may demand the ship's clearance. //' the master shall refuse to produce the same, and to answer such questions concerning the ship, cargo, and intended voyage as mag be demanded of him : — Fine $25. If there be ang goods on board not contained in the ship's content, or ang stores not indorsed on the victualling bill : — Forfeiture of such goods or stores. If ang goods contained in such content be not on board : — Fine on master §100 for every package or parcel of goods contained in such content and not on board : — and forfeiture of such ship. Customs. 185 Ord. 16,'84. If any officer of customs places any lock, mark, 01 seal, 10 7 _ j — upon any stores or goods taken from any Col. B. or other properly renur*. •warehouse without payment of duty as stores on board any '" snip or vessel departing from any port in the colony: — and such, lock, &c. be wilfully opened, altered, or broken: — or such stores be secretly conveyed away : — either while such ship or vessel remains at her iirst port of departure, or at any port or place in the colony : — or on her passage from one such port or place to another, beforo the final departure of such ship or vessel on her foreign voyage : — Fine on master $500. If any ship departing from any port in the colony docs not s 130 renalty bring to at such stations as arc appointed by the Contr.for landing t u! " u nUr of customs officers from such ships : — Or for further exami- nation previous to such departure; — Fine on master $100. If any ship departs from any port with any customs or other Govt, officer on board, without the consent of such officer: — Fine on master $500. The time at which any goods, unless prohibited, are shipped s 131 Times ut on board any export ship shall be deemed to be the time of i exportation of such goods; and the time of the last clearance exported. of any ship shall be deemed to be the time of departure of such ship, except as to any goods prohibited to be exported as contraband of war, with reference to which the exportation Do. contraband shall be deemed to be the actual time of the ship's departure ot ""■ on her voyage from the colony. The Gov. and Ct. of P. may by resolution recpuire due b 132 Entry of entry and clearance before shipment, in such manner as they coastwise may may direct, of any goods intended for carriage coastwise. bedireofced. //' upon such entry the goods shall not be found to correspond with the particulars contained therein : — I >• t< ntion of goods \uitil the cause be explained to the satisfaction of the Guv., who may thereupon restore the same on such tonus as he may see ht. //' any such goods as aforesaid arc shipped on any ship with- OUt being duly entered and cleared : — Fine on master §500 and forfeiture of goods. All trade by sea from any one part of the colony to any s 133 Defini- other pari thereof shall be deemed to be a coasting trade, and ' all ships while employed therein shall be deemed to be coast- ing vessels, and no part of the colon) - , however situated with 136 Magisterial Law. Ord. 16/84. s 134 Foreign coasting ship. s 135 Cars book. Production of cargo-book. regard to any other part, shall be deemed in law, with reference to such other part, to be beyond the seas; and if any doubt at any time arises as to what, or to or from what, parts of the coast of the colony shall be deemed a passage by sea, the Gov. may determine and direct in what cases the trade by water from one port or place in the colony to another of the same, shall or shall not be deemed a trade by sea within the meaning of the Customs Ords. Every foreign ship proceeding either with cargo or pas- sengers, or in ballast, on any voyage from one port of the colony to another, shall be subject as to stores for the use of the crew, and in all other respects, to the same laws, rides, and regulations to which British ships when so employed are subject. The master of every coasting vessel shall keep or cause to be kept a cargo book, stating the names of the vessel, the master, and the port or place to which she belongs, and of the port or place to which she is bound, on each voyage, and shall at every port or place of lading enter in such book the name of such port or place, and an account of all goods there taken on board such vessel, stating the descriptions of the packages, and the quantities and descriptions of the goods therein, and the quantities and descriptions of any goods stowed loose, and the names of the respective shippers and consignees : — and shall at every port or place of discharge of such goods note the respective days on which the same, or any of them, are delivered out of such vessel, and the re- spective times of departure from every port or place of landing, and of arrival at every port or place of discharge. Such master shall on demand produce such book for the inspection of any officer of customs, who shall be at liberty to make any note or remark therein. If such master fails correctly to keep such cargo book, or to produce the same,' or to comply with any of the foregoing re- quirements : — Fine : for each instance of failure as to any such requirement not exedg. §25. In case any goods taken on board such vessel as aforesaid are goods on which the duty has not been paid, if upon examination any package entered in the cargo book as con- taining any such goods is found not to contain such goods : — Forfeiture of such package with its contents. If any package is found to contain any such goods not entered in such book : — Forfeiture of such goods. Customs. 137 Ord. lG,^. If at any time there are found on board such vessel any such ' goods not cult nd in such book as laden, or any such goods noted as delivered, or if any such goods entered as laden, or any such youds not noted as delivered, be not on board: — Fine cm master $100 — $500, and seizure and detention of the vessel until the fine is paid. Any oificer of customs may go on board any coasting vessel si:; in any port or place in the colony, or at any period of hi c voyage, search such vessel, and examine all goods on board, and all goods thru lading or unlading, and demand all docu- ments which ought to bo on board such vessel, and may require all or any such documents to be brought to him fur inspection. Fine on the master of any vessel fur refusing to produce Buch docts. on demand, or to bring the same to the Contr. or other proper officer when required, $100, and Beizure and detention of the vessel until the fine is paid. If the master of any ship bringing any goods not liable to s 137 Enfay duty coastwise from one port of the colony to another, desires SxXcarried to proceed with such goods, or any of them, to parts beyond ' ■ the seas, he may, subject to such regulations as the Contr. may see fit, enter such ship and goods outwards for the in- tended voyage without first landing the same. Where the owner of any goods imported in any ship into Bl38Entry,4c this colony fails to make entry thereof: — or, having madi . \,\ hl . entry thereof, fails to land the same, or take delivery owner's default, thereof, and to proceed therewith with all convenient speed by the times severally hereinafter mentioned: — the ship- owner, or his agent, may make entry of and land or unship the said goods at the times, in the manner, and subject to the conditions following : — (1) If a time for the delivery of the goods is expressed in the charter-party, bill of lading, or agreement, then at any time after the time so expressed: (2) If no time for the delivery of the goods is expressed in the charter-party, bill of lading, or agreement, then at any time after tho expiration of 72 hours, oxclusivo of Sunday or holiday, after the report of the ship : — Provided that if at any time before the goods are landed or unshipped the owner of tho goods is roady, and oilers to land or take delivery of the same, he shall lie allowed so to do, and his entry shall in such case he preferred to any entry which may have been made by the shipowner or his agent. If at any time when goods are landed from any ship. Mich sl39s goods are placed in the custody of any warehoused;, eper, and j', 1 ,",!'','," 1 ,, the shipowner or his agent gives to such warehouse-keeper '• ■ ■• - I 138 MA< '> ISTERIAL L AAV. Ord. 16,'84. s 140 Discharge of lien. s 141 Payment of deposit to shipowner. s 142 Return of deposit. notice in writing that the goods are to remain, subject to a lien for freight or other charges payable to the shipowner, to an amount to be mentioned in such notice, the goods so landed shall in the hands of such warehouse-keeper continue liable to the same lien, if any, for such freight or charges, as they were subject to before the landing thereof, until the lien is discharged, as hereinafter mentioned : — And shall, if he fail so to do, make good to the shipowner any loss thereby occasioned to him. Upon the production to the Contr., or sub-do., or warehouse- keeper of a release of freight from the shipowner, or of a receipt for the amount claimed as due, and delivery to such Contr., &c, of a copy of such release or receipt, the said lien shall be discharged. The owner of the goods may deposit with the Contr., &c, a sum of money equal in amount to the sum so claimed as aforesaid by the shipowner ; and there- upon the lien shall be discharged, but without prejudice to any other remedy which the shipowner may have for the recovery of the freight. If such deposit as aforesaid is made, and the person making the same does not within 15 days after making it give to the Contr., sub-do., or warehouse-keeper, notice in writing to retain it, stating in such notice the sum, if any, which he admits to be payable to the shipowner, or (as the case may be) that he does not admit any sum to be so payable, the Contr., &c, may, at the expiration of such 15 days, pay the sum so deposited over to the shipowner, and shall by such payment be discharged from all liability in respect thereof. If such deposit as aforesaid is made, and the person making the same does within 1 5 days after making it give such notice in writing as aforesaid, the Contr., sub-do., or warehouse- keeper shall immediately apprise the shipowner of such notice, and shall pay or tender to him out of the sum deposited the sum, if any, admitted by such notice to be payable, and shall retain the remainder or balance, or, if no sum is admitted payable, the whole of the sum deposited for 15 days from the date of the said notice ; and at the expiration of such last- mentioned 15 days, unless legal proceedings have in the mean- time been instituted by the shipowner against the owner of the goods to recover the said balance or sum, or otherwise for the settlement of any disputes which may have arisen between them, concerning such freight or other charges as aforesaid, and notice in writing of such proceedings has been served on him, the Contr., &c, shall pay the said balance or sum over to the owner of the goods, and shall by such payment be dis- charged from all liability in respect thereof. (Vstoms. 139 Ord. 16/84. If the lien is not discharged, and no deposil La made as — : — hereinbefore mentioned, the Contr., Bub-do., or warehoue keeper may, and if required by the shipotoner shall, at the ''""• expiration of 30 days from the time when the goods were placed in his custody (or if the goods are of a perishable nature, at such earlier period as he in his discretion thinks fit), sell by public auction for use in the colony, or for ex- portation, the said goods or so much thereof as may be neces- sary to satisfy tie' charges hereinafter mentioned. Before making such sale the Contr., sub-do., or warehouse- "fM-* •"' keeper shall give aotice thereof by two advts. in the 0. Gr., and also, if the address of the owner of the goods has been stated on the manifest of the cargo, or in any of the documents which hare come into the possession of the Contr., &c., or is otherwise known to him, give notice of the sale to the owni r of the g Ls lii/ letter sent by the post ; but the title of a bond Protection of fide purchaser of such goods shall not be invalidated by reason Pur of the omission to send notice as hereinbefore mentioned, nor shall any such purchaser be bound to impure whether such notice has been sent. In every case of any such sale as aforesaid, the Contr., b. l45Appii- sub-do., or warehouse-keeper shall apply the moneys receivi d ] from the sale as follows, and in the following order ; — (1.) If the goods are sold for use in the colony in payment of any customs duties, and of all sums due to the colony owing in respect thereof : — (2.) In payment of the expenses of the sale : — (3.) In the absence of any agreement between the ware- house-keeper and tin' shipowner concerning the priority of their respective charges, in payment of the rent, rate and other charges due to the warehouse-keeper in respect of the said goods : — (4.) In payment of the amount claimed by the shipowner as due for freight or other charges in respect of the goods : — (5.) But in case of any agreement between the warehouse- keeper and the shipowner concerning the priority of their respective charges, then such charges shall have priority ac- cording to the terms of such agreement : — (6.) The surplus, if any, shall lie paid to the owner. Whenever goods are placed in any col. bonded warehouse, si46 Rights of or in the custody of any warehouse-keeper under the authority ]., of the Customs ()rd., the Contr., sub-do., or warehouse- keeper shall 1 ntitled to rent in respect of the same payable quarterly, the quarter in each case to commence with the day on which the goods are Landed; and it' any such lent is not paid within 11 days after the same falls due, the Contr., suh- do., or warehouse-keeper (as the case is) may cause tho goods HO Magisterial Law. Ord. 16,'84. s 147 Preserva- tion of ware- housed goods. s. 148 Limita- tion of liability of warehouse- keeper. s. 149 Validity of bonds. Bonds by per- sons under 21 years valid. s. 150 Entry of satisfaction. in respect of which, such rent is due to be sold, after one month's notice in the 0. Gr., giving marks, nos., importing ship and importer's name (if known), with all convenient speed, by public auction, ivith or ivithout the consent of any person claiming any charge or lien thereon, and the proceeds shall be applied, firstly, to the payment of the duties due in respect of any such goods ; next of the rent and other charges, and the overplus (if any) shall be paid to the owner of the goods. The Contr., sub-do., or warehouse-keeper shall have power from time to time, at the expense of the owner of warehoused goods, to do all such reasonable acts as may by them respectively be deemed necessary for the proper custody and preservation of the said goods, and shall respectively have a lien on the said goods for rent and for expenses so incurred, or otherwise due and owing ; but in all cases where imme- diate action is not absolutely necessary for the preservation of the goods, no such acts are to be done until the expiration of 24 hours after the owner of such goods has been notified that such acts are required : Provided that if any such acts are deemed necessary and are done, such acts shall be held to have been absolutely necessary, although it thereafter appears they were not. Nothing in this ord. contained shall compel the Contr., sub-do., or any warehouse-keeper to take charge of any goods which he would not be liable to take charge of, if this ord. had not passed, nor shall either of them be bound to see to the validity of any lien claimed by any shipowner under this ordinance. All bonds and other securities entered into by any person or persons for the performance of any condition, order, or matter relative to the customs, or incident thereto, shall be prepared at the expense of the person entering into such bond, and every such bond shall be vabd in law, and upon breach of any of the conditions thereof may be sued and pro- ceeded upon : — and all bonds relating to the customs, or for the performance of any condition, order, or matter incident thereto, shall be taken to or for the use of H. M. in the name of the Contr. :— and all such bonds, except such as are given for securing the due exportation of, or payment of duty upon, warehoused goods, may, after the expiration of 8 years from the date thereof, or from the time, if any, limited therein, or in the performance of the condition thereof, be cancelled by or by the order of the Contr. : — and all bonds given under the provisions of the Customs Ords. by persons under 21 years of age shall be valid. If any bond given under the provisions of the Customs Customs. 141 Ord. 16,'84. Ords., or in respect of any matter under the control or management of the Contr., has been satisfied, the (Jontr., by certificate [form in ord.] under his hand, may authorise the Reg. to enter up satisfaction in the record of such bond or obligation ; and such certificate may be in the form or to the effect following, &c. : — And upon the receipt, of such certificate, the Reg-., on pay- ment of the proper fees, is required to enter up satisfaction accordingly, whereupon the bond or obligation shall be discharged. The sum secured by any bond given, or purporting to bo s. 151 Enforce- given, for the performance of any condition, order or matter ment0 on • relative to the customs or incident thereto, may be recovered, at the instance of the Atty.-Gen., byparate execution, and the onus of proving that the bond has been discharged, or that Onw proband*. the condition thereof has been performed, shall be on the person proceeded against. If any person, in auy matter relating to the customs, or s 152 Penalty under the control or management of the Contr., wilfully makes Sonandother*' and subscribes, or causes to be made and subscribed, any false '■ declaration, or makes or signs any declaration, certificate or other instrument required to be verified by signature only, the same being false in any particular : — Or if any person makes or signs any declaration made for. the consideration of the, Gov. or Contr. on any application presented to him, the same being untrue in any particular : — Or if any person required by the ( 'nstoins Ords. to answer questions put to him by any such officers of customs, wilfully, and with intent to ilea ire, answers such questions falsely : — Or if any person counterfeits, falsities, or wilfully uses, iclien counterfeited or falsified, any document required by the Ctms. Ords., or by or under the directions of the (•'ov. or Contr. : — Or any instrument used in the transaction of any business or matter relating to the ctms. : — Or fraudulently alters any doct. or instrt. after the same has been officially issued: — Or counterfeits the seal, signature, initials or other marl; of or used by any offr. of ctms. for the verification of any such doct. or instrt. , or for the security of goods, or for any other purpose in the conduct of business relating to the ctms. or the ofrrs. of ctms., or under the control or management of the Contr. or bis ofrrs ; misdr. : — Fine (Supr. Cr. Ct.) not exodg. s500, or impr., with or without h. 1., not exodg. - years, or both such tine and such impr. as the Ct. may direct. 142 Magisterial Law. Ord. 16/84. Regulations for the prevention of Smuggling. sl53 Goods j£ any o-oods liable to the pavment of duties are unshipped uni-liiPi'H'il duty •/ o l •/ xx nnpaicC from any ship in the colony (customs or other duties not being Prohibited first paid, or secured) : — Or if any prohibited goods whatsoever are imported or brought into any part of the colony : — Or if ex™mn dpn0rt ° an y goods are removed from any ship, quay, wharf, or other place, previously to the examn. thereof by the proper officer of customs, or being entered to be warehoused are carried into the warehouse, unless under the care or authority of such officer, and in such manner and by such roads or ways and Entered to he within Buch time as he shall direct : — Or if any goods entered Tvar.-housrfaM ^ ^g -warehoused after the landing thereof are removed or withdrawn from any quay, wharf, or other place in the colony, so that no sufficient account is taken thereof by the proper Clandestinely or officer, or so that the same are not duly warehoused : — Or if any illegally removed g 00( j s whatever, which have been warehoused or otherwise cured in the secured in the colony, either for consumption in the colony or colony. exportation, or have been delivered from any warehouse or other place without paj'ment of duty for removal to any other warehouse or place, are clandestinely, or illegally removed from or out of any warehouse or place of security, or are not duly delivered at the place to which such goods were destined Prohibited ?oods to be removed : — Or if anj r goods which are prohibited to be exported^ t0 be exported are put on board any ship or boat with intent to be laden or shipped for exportation, or are brought to any quay, wharf, or other place in the colony, in order to be put on Prohibited goods board any ship for the purpose of being exported : — Or if any duced^unpro -" goods which are prohibited to be exported are found in any hibited. package produced to any officer of customs as containing Goods imported goods not so prohibited : — Or if any goods subject to any duty raoMWted'to'be 1 or restriction in respect of importation, or which are prohibited imported, found to be imported into the colony are found or discovered to be OT n on a iand afl ° at or nave ^ een concealed in any manner on board any ship or boat within the limits of the colony, or are found either before or after landing to be or have been concealed in any manner on board any such ship or boat within such limits as afore- said : — Then and in every of the foregoing cases all such goods shall be for- feited, together with any goods which shall he found packed with or used in concealing them. s 154 Pre- All goods, the importation of which is in any way restricted, to^trieted which are of a description admissible to duty, and which are goods seized. found or seized in the colony under the Customs Ords., shall, for the purpose of the forfeiture of them, or for the recovery Customs. 143 Ord. 16,'84. of any penalty incurred in respect of thom, be deemed and taken on tin-* trial or hearing in any Courl to be goods liable to and unshipped without payment of duties, unless the con- trary be proved. If any ship is found or discovered to have been within any s 155 Ship port, hay, harhour. river, or creek of the colony, or within 3 \ miles of the const thereof, having false bulkheads, false bows, or found under double sides, or bottom, or any Becret or disguised place, 8U8 P lc,0U8Circea - adapted for concealing goods, or any hole, tube, pipe, or device adapted for running goods, or having on board, or in any manner attached thereto, or having had on board, or in any manner attached thereto, or conveying, or having con- veyed in any manner any spirits, tobacco or opium, in pack- ages of any size and character in which they are prohibited to bo imported into the colony, or any spirits, tobacco, or opium, imported contrary to the Customs Ords., or any ganje, charas, bhang, or cannabis indica, or is found or discovered to have been within 3 miles of any part of the coast of the colony from which any part of the lading of such ship is or has been thrown overboard, or on board which any goods are or have been staved or destroyed to prevent seizure : — Forfeiture of every Buch ship ; together with any such spirits, tobacco, opium, ganje, charas, bhang, and cannabis indica, ;me dealt with as hereinafter directed: provided that no person shall be detained whilst actually on board any vessel in the service of a foreign state or country. If any Bhip belonging wholly or in pari to EC. M.'s subjects, s 156 < or having one-half of the persons on board subjects of II. M., gg| does not bring to upon signal made by any vessel or boat in II. M.'s service, or in the Ben ice <>i' the Colonial Revenue by hoisting the proper ensign, whereupon chase is given, and any person on board such Bhip during chase, or before such Bhip brings to, throws overboard any part of her lading, or staves or destroys any part thereof to prevent seizure: — Forfeiture of Buch ship. 144 Magisterial Law. Ord. 16,'84. s 157 Power to board and search. s 158 Ship with cargo : afterwards found light. All persons escaping from any such ship or boat during chase shall be deemed subjects of H. M. unless the contrary bo proved. Any officer of customs, or other persons duly employed for the prevention of smuggling, may go on board any ship which is within the limits of the colony, and rummage and search the cabin and all other parts of such ship for prohibited or uncustomed goods, and remain on board such ship or boat so long as she continues within the limits of the colony. If any ship whatever is found within the limits of the colony with a cargo on board, and such ship is afterwards found light or in ballast, and the master is unable to give a due account of the port or place within the colony where such ship legally discharged her cargo : — Forfeiture of such ship. s 159 Collusive Beizure or neglect to seize by customs offr. Briber to be fined. s 180 Power to search. Penalty for obstruction. As to Offences committed by and Penalties attaching to Persons. If any officer of colonial customs, or any person authorised to make seizures, makes any collusive seizure, or delivers up or makes any agreement to deliver up or not to seize any goods, ship, vessel, boat, or other matter or thing liable to forfeiture under the Customs Ords., or takes any bribe, gratuity, recom- pense, or reward for the neglect or non-performance of his duty : — Fine §500— §1000. Every person wlio gives or offers, or promises to give or procure to be given any bribe, recompense or reward to, or makes any collusive agreement with any such officer or person as aforesaid to induce him in any way to neglect his duty, or to do, conceal or connive at anything whereby the provisions of any such ord. or lata as aforesaid may be evaded : — Fine §500— §1000. Any officer of customs or other person duly employed in the prevention of smuggling, or any police officer may search any person on board any ship or boat within the limits of the colony, or any person who has landed from any ship or boat : — provided such officer or other person duly employed as afore- said has good reason to suppose that such person is carrying, or has, any uncustomed or prohibited goods about his person. If any person rescues, destroys, or attempts to destroy, any goods to prevent seizure: — Or obstructs any such officer or other person duly employed as aforesaid in going, remaining, or returning Customs. 1 \~> Ord. 16,'84. from on "board, or in searching such ship, or hoat, or person, or otherwise in the execution of his duty: — Fine not exedg. §500. Before any person is so searched he may require to be taken b161 with all reasonable speed be/ore a St. Mag., or before the ( !on1 p. or other superior officer of customs, who shall, if he Bee do bj reasonable cause for search, discharge such person, but if ' otherw i8e, direct that ho be searched ; but a female shall not be searched by any other than a female. If ami officer, without reasonable ground, requires una person Penalty for un- •/ •' •; . 'liable to be searched : — search. Fiuc not exedg. $50. If any passenger or other person on board any ship or boat, Penalty for or who has landed from any ship or boat, upon being questioned dutiable goods by any officer of customs or other person duly employed for £^^ in the prevention of smuggling, whether he has any goods upon baggage, which any duties of customs are payable upon his person, or in his possession, or in his haggage, denies the same, and any such goods are, after such denial, discovered to be, or to have been, upon his person, or in his possession, or in his baggage : — Forfeiture of Buch goods and fine on such person not exedg. &500, or win re treble the value of such goods exceeds $500, such treble raiue. The offender may cither be detained, or proceeded against by summons. Every person who impts., or brings, or is concerned in b162 Penalty i • ■ • 7 y> 7 ; •; •/ 7 7 II' xmptxng. or bringing, into the lot. any prohibited goods, or any ,i,, goods the iniptn. of which is restricted, contrary to such prohibon. or restriction, whether the same be unshipped or m it : — Ot unships, or assists, or is otherwise concerned in the unshipping of any goods which are prohibited, or of any goods which are restricted and impted. contrary to such restriction, or of any goods liable to duty, the duties for which have not been paid ot secured: — Or delivers, removes, or withdraws from any ship, quay, wharf, or other place previous to the examn. thereof by the proper officer of customs, unless under the care or authority of such officer, any goods imported into the colony, or any goods entered to be warehoused alter the landing thereof, so that no sullicienl account is taken thereof by the proper officer, Or so that the same are not duly warehoused : — Or carries into any Col. B. or other warehouse any goods entered to he warehoused, or to be re-warehoused, except with the authority or under the cure of the proper officer of customs, and in such manner, within such time, and hy such roads or way- such officer directs: — Or assists, or is otherwise concerned >n the illegal removal OX withdrawal of any goods from any < !ol. B. or other warehouse or place of security in which they have P. L 14G Magisterial Law. Ord. 16,'84. s 163 Penalties for rescue — obstruction. s 164 Tenalty for assembling' to run gds. Leon deposited:— Or knowingly harbours, keeps, or conceals, or knowingly permits or suffers, or causes or procures to be harboured, kept, or concealed, any prohibited, restricted, or uncustomed goods, or any goods which have been illegally removed without payment of duty from any Col. B. or other warehouse or place of security in which they may have been deposited: — Or knowingly acquires possession of any such goods: — Or is in any way knowingly concerned in carrying, removing, depositing, concealing, or in any manner dealing with, any such goods with intent to defraud H. M. or the Colony of any duties thereon, or to evade any prohibition or restriction of or apphcable to such goods : — Or is in any way knowingly concerned in any fraudulent evasion, or attempt at evasion, of any duties of customs, or of the laws and restric- tions of the customs relating to the imptn., unshipping, tran- shipping, landing, and delivery of goods, or otherwise con- trary to the Customs Ords. : — Fine for each such offence, treble the value of the goods and of the duty payable thereon, or §500, whichever is the larger sum : the offender may either be detained or proceeded against by summons. Every j) er son xoho rescues, or endeavours to rescue, any goods seized by any officer of customs, or other person authorized to seize the same, or before or after the seizure, staves, breaks, or destroys, or endeavours to stave, break, or destroy, any goods to prevent the seizure or securing thereof by such officer or other person : — Or rescues, or endeavours to rescue, any person apprehended for any offence punishable by fine or impr. under the Customs Ords., or prevents, or endeavours to prevent, his apprehen- sion : — Or assaults, or obstructs any officer of the army, navy, marines, coastguard, customs, or other person duly employed for the prevention of smuggling in the execution of his duty, or in the seizing of any goods liable to forfeiture under the Customs Ords.: — Or aids, abets, or assists in committing any of the foregoing offences ; misdr. : — Fine on conviction (Supr. Crim. Ct.) not exceeding $500, or impr. with or without h. 1. not exceeding 2 years, or to both such hue and such impr. as the Ct. may direct. All persons to the number of 3 or more who assemble to, or, having so assembled, unship, land, run, carry, convey, or conceal, (in;/ spirits, tobacco, or prohibited, restricted, or uncustomed, goods, shall each be guilty of a misdr. : — Fine on conviction (Supr. Crim. Ct.), §500 — §2,500, or impr. (&c, as in B. 103). Customs. 147 Ord. 16/84. Every person who 01/ anu means procures, or hires, or deputes .JZ~Z . ,-' '. ■' ' ,. Sl85 Procuring or authorises, any other person to procure, or aire, any person or ,,. persons to assemble for the purpose of being concerned in the Metonmgda. landing, or unshipping, or carrying, conveying, or concealing, any goods which are prohibited to be imported, or thedutiesfor which have not been paid or secured; niisdr. :— On conviction (Supr. Grim. Ct.), impr., with or without h. 1., not ex- ceeding' 12 months. If any person engaged in the commission of any of the above offences be armed with //rearms, or other offensive weapons, or, whether so armed or not, be disguised in any way, or being so armed or disguised is found with any goods liable to forfeiture under the Customs Ords. within 3 miles of the sea coast, or of any tidal river ; misd. : — On conviction (Supr. Crim. Ct.), impr., with or without h. 1., not ex- ceeding 2 years. No person shall, after sunset and before sunrise, make, aid, s 166 signai- . L , . t . ' . ■, • i i s £ hng smuggling or assist ni making any signal, m or on board of or rrom any vemek. ship or boat, or on or from any part of the coast or shore of the colony, or within 3 miles of any part of such coast or shore for the purpose of giving notice to any person on board any smuggling ship or boat, whether any person so on board of such ship or boat be or be not within distance to notico any such signal. If any person, contrary to the Customs Ords., shall make or cause to be made, or aid or assist in making, any such signal; misdr. : — Offend r may be stopped, arrested, detained, and conveyed before any St. Mag., who, if he see cause, shall commit him to prison, there to remain until delivered by due course of law. It shall not be necessary to prove on any Lndictmenl or information in such case that any Bhip or boat was actually on the coast. On conviction (Supr. Crim Ct.), fine not exceeding &500, or impr., with or without li. 1., not exceeding 1 year, or both such fine and impr. as Ct. may din cl . 1 1 any person bo charged with having made or caused to be sifj 3 ,'', made, or for aiding or assisting in making any Buch signal as [ntendedon aforesaid, the burden of proof that such signal so charged as deft having been made with intenl and for the purpose of giving " : ""'"' su.b notii e as aforesaid was not mad" with such intent, and for siuli pin-pose, shall be upon the person againsl whom such charge is made. Am- person whatsoever may prevenl any such signal being sies Anypsn. i Lade as aforesaid, and may go upon any lands or into any M . buildings for that purpose without being liable to any indict- ment, suit, ot action for the Bame. i. -l 148 Magisterial Law. Ord. 16,'84, sl69 Shooting :it ivy. i, &c, felony. s 170 Officers may haul their vessels on shore without being' liable to suit. S 171 Penalty for cutting cstms. boats adrift, &c. s 172 Officers may patrol coasts without being liable to suit. s 173 Jurisdic- tion, where none already exists, of St. Mag. If any person maliciously shoots at any vessel or boat belonging to H. M.'s navy or in the service of the Col. Ee- venue : — Or maliciously shoots at, maims, or wounds any officer of the army, navy, marines, or coastguard being duly employed in the prevention of smuggling and on full pay, or any officer of customs or excise, or any person acting in his aid or assistance, or duly employed for the prevention of smuggling, in the execon. of his office or duty :— Every person so offending, and every person aiding, abetting, or assisting therein, shall be guilty of felony : — On conviction (Supr. Cr. Ct.), p. B. not less than 5 years, or impr. -with h. 1. not exedg. 2 years. The officer in charge of any ship or boat employed for the prevention of smuggling, or acting in his aid, may haul any such ship or boat upon any part of the coast of the colony, or the shores, banks, or beaches of any river, creek, or inlet of the same (not being a garden or pleasure-ground), which is most convenient for that purpose, and may moor any such ship or boat on any part of the aforesaid coasts, shores, banks and beaches below high-water mark over which the tide flows on ordinary occasions, and may keep such boat or ship so moored for such time as he deems necessary and proper ; and such officer, or person aiding him, shall not be liable to any indictment, action, or suit for so doing. Every person who cuts away, casts adrift, removes, alters, defaces, sinks, or destroys, or in any other way injures or conceals, any vessel, boat, buoy, anchor, chain, rope, or mark in the charge of, or used by, any person for the prevention of smuggling, or in or for the use of the service of the customs : — Fine — §.50 for every such offence. Any officer of the army, navy, marines, or coastguard, being duly employed for the prevention of smuggling, and on full pay, or any officer of customs, or any persons acting in his aid or duly employed for the prevention of smuggling, when on duty may patrol upon and pass freely along and over any part of the coasts of the colony, or any railway, or the shores, banks, or beaches of any river, creek, or inlet of the same (not being a garden or pleasure-ground) ; and any such officer or person patrolling shall not be liable to any indictment, action or suit for so doing. Any person brought before any St. Mag. for any offence against the Ctms. Ords. in respect of which such Mag. is not empowered to proceed summarily, may by his order be detained in prison, or in the custody of the police or con- stabulary force, for a reasonable time, not exceeding 7 days, Custom.-. 1-19 Ord. 16,'84. at the expiron. of such time to be brought before bim, or any other St. Mag., to proceed in the matter in due course of law. II' any informon. has been preferred before any St. Mag. against any person for any Midi offence, and it is made to appear to such St. Mag. thai such person is Likely to abscond, such St. Mag. may, in lieu of issuing a summons for bis appearance, grant bis warrant to bring such offender before him, or any other St. Mag., at a time and place to he named in such warrant for the hearing of such informon. ; hut such person may ho liberated on giving security to the satisfaction of such Si. Mag., in such sum as In- may Bee tit, to appear at any time and place appted. by such St. Mag. for hearing the case. If any person liable to be detained under the Ctms. Ords. s 174 Limtta- is not detained at the time of committing the offence, or, 3y£ a °8. time_ being detained, escapes, he may afterwards be detained at anyplace in the colony within 3 years from the lime such offence was committed; and, if detained, may be taken before any St. Mag., to bo dealt witlt as if he had been detained at the time el' committing such offence, or, if not so detained, be proceeded against by informon. or summons. If any person, not bein-' an officer of the navy, customs, or s 175 Officers . *■ i-n -,i ,i • -j. v • • only allow excise, intermeddles "with or takes up any spirits, being m take up spirits casks of less content than 15 gallons, found floating upon or j|j a"* 8 bating sunk in the sea, such spirits shall be forfeited, together with any ship or boat in which they may be found; but if any person gives information to any such officer, so that seizure of such spirits may be made, he shall be entitled to such reward as the Contr. may direct. If any person offers for sale any goods under pretence that the s 176 renaity J ' * -i ■ i J 7 7 7 • 77 7 for offering gda. same are prohibited, or have been unshipped and ran ashore forBaleunder without payment of duties:- fgSi Forfeiture of all such goods (although not liable to any duties or smu eS e • prohibited), and fine on every person so ottering the same for sale treble the value nf goods. All ships, boats, carriages, or other conveyances, together s 177 Powerto with all hois, s and other animals and things made use of in |, m ',"'., "J.'T,' ., the importation, landing, removal, or conveyance of any un- tt8edinct 5 1 ^ customed, prohibited, restricted, or other goods liable to ifeLetofor- forfeiture under the < 'ustoms Ords., shall be forfeited; and all Mtnxe. ships, boats, goods, carriages, or other conveyances, together with all horses and other animals and things liable to for- feiture, and all persons liable to he detained for anj offence under the Customs < »rds., or any other act or ord., and w hereby officers of (ustoms are authorised to seize or detain persons, goods, or other thine-., shall or maybe seized or detained in 150 Magisterial Law. Ord. 16,'84. s 178 Power to search con- veyances. Penalty. s 179 Writs of assistance. s 180 Search warrants. any place either upon land or water by any of the following persons, being duly employed for the prevention of smug- gling : — any officer of II. M. army, navy, marines, coast- guard, customs, or excise, or by any person having authority from the Contr. to seize, or by any constable or police officer ; and ships, boats, goods, carriages, or other conveyances, together with all horses and other animals and things so seized, shall forthwith be delivered into the care of the Contr. or other proper officer : — and the forfeiture of any ship, boat, carriage, animal, or other thing shall be deemed to include the tackle, apparel, and furniture thereof, and the forfeiture of any goods shall be deemed to include the package in which the same are found, and all the contents thereof. Any officer of customs, excise, coastguard, constabulary, police, or other person duly employed for the prevention of smuggling, may, upon reasonable suspicion, stop and examine any cart, waggon, or other conveyance, to ascertain whether any smuggled goods are contained therein : — and if none shall be found the officer or other person shall not, on account of such stoppage and examination, be liable to any prosecution or action at law on account thereof. Fine on any person chiving or conducting' such cart, waggon, or other conveyance, refusing to stop or allow such examination when required in the Queen's name, §100 — §500. All writs of assistance issued from the Sup. Ct. shall con- tinue in force during the reign in which they are granted, and for 6 months afterwards ; any officer of customs or person acting under the direction of the Contr. having such writ of assistance or any warrant issued by a St. Mag. may, in the daytime, enter into and search any house, shop, cellar, ware- house, room, or other place, and, in case of resistance, break open doors, chests, trunks, and other packages, and seize and bring away any uncustomed or prohibited goods, and put and secure the same in any col. bonded warehouse, and may take with him any constable or police officer. If any officer of customs has reasonable cause to suspect that any uncustomed or prohibited goods are harboured, kept, or concealed in any building, or in any place in the colony, and it is made to so appear by informon. on oath before any St. Mag., it shall be lawful for such St. Mag., by warrant under his hand, to authorise such officer to enter and search such building or place, and to seize and carry away any uncustomed or prohibited goods found therein. It shall be lawful for such officer, and he is hereby autho- rised in case of resistance, to break open any door, and to force and remove any impediment or obstruction to such Customs. L51 Ord. 16/84. entry, scare]], or seizure as aforesaid; and such officer may, if he see lit, avail himself of the Bervices of any constable or police officer, to aid and assisl in the execution of Buch warrant, and any constable or other police officer is hereby required when so called upon to aid and assisl accordingly. If any goods liable to duties of customs, or prohibited to BlSlCustom- be imported, or in any way restricted, are stopped or taken ;'|, by any constable or police officer on suspicion that the same I liirrc been feloniously stolen, he may convey the same to a police station to which the offender (if detained, is taken, then- to remain until and in order to bo produced at the trial of sack offender, and in sack case the officer is required to give notice in writing to the Contr. of such stoppage or detention, with the particulars of the goods; but immediately after Buch stoppage, if tke offender be not detained, or if detained, immediately after the trial of sack offender, suck oilicer shall convey to and deposit the goods in the nearest customs warehouse, to be dealt with according to law. Whenever any seizure is made, unless in the possession or s 182 rrocccd- presence of the offender, master, or owner as forfeited under ^jg^J* 1 the < !ustoms( >rds., or under any ord. by which customs officers are empowered to make seizures, tke seizing officer shall give x.>tice of seizure, notice in writing of such seizure, and of the -rounds thereof, ^£ # tobe to the master or owner of the things seized (if known), either by delivering tke same to him personally, or by letter addressed to him, and transmitted by post to, or delivered at, his last-known place of abode or business (if known); and all seizures made under the Customs Ords., or by any such ord. as last aforesaid, shall bo deemed and taken to be for- feited, and may be sold or otherwise disposed of in such manner as the Contr. directs, unless the person from whom Buch seizure has keen made, or the master or owner thereof , or some person authorised by him, shall within 30 days from Chintobo ,i n • • . • • • • i ,1.1 7n.nl'- wilhltl 30 the day of seizure give notice in writing- to tke ( ontr. that lie days of seizure. claims the things so seized, or intend- to claim them, where- upon proceedings shall within 30 days from the day when j^;;;,;!!''-;,';; such notice was given be instituted by the claimant in any within SO dayia Ct. of competent jurisdiction to establish his claim on pain of of claim. the claim being deemed and taken to be abandoned: Pro- vided that if any things so seized are of a perishable nature, or consist of horses, or other animals, the same may by direction of the Contr. be sold, and the proceeds thereof re- tained to abide the result of any claim that may legally bo made iu respect thereof. [f the value of the things seized be Less than $500, the f ^ '. claim Eor their restoration shall be made before a St. Mag., underSOOdols. who shall have jurisdiction to determine the same after 152 Magisterial Law. Ord. 16,'84. Jurisdiction of Supr. Ct. Saving of Vice- Ad. Ct. s 184 Claim may be heard in vacation. S 185 Form. s 186 Seized gds. may be re- leased on security. S 187 Security for costs to be given. sl88 Powers to release seizure, remit penalties, &c. hearing the testimony on oath of such witnesses as may he called, and after considering such documentary evidence as may he adduced hy either party, and his decision shall he subject to an appeal hy either party in the first instance to a Judge of the Sup. Civ. Ct. sitting apart, and to a further appeal from the decision of such Judge to the full Ct. If the value of the things seized he over $500, such claim shall he made before the Sup. Civ. Ct., and may he heard and determined summarily in the same way as a motion by any Judge of the said Sup. Ct. sitting apart, after hearing the testimony of any witnesses who maybe called, and considering such documentary evidence as may be adduced by either party, and the decision of such Judge shall be subject to an appeal by either party to the full Ct. : — Provided, however, that nothing herein contained shall be deemed or taken to apply to seizures of ships, which shall as heretofore be dealt with by the Vice-Adm. Ct. Every such claim may be filed, heard, and determined, and every such appeal (except an appeal to the full Ct.) may be made, heard, and determined in vacation. Any such claim may be in the form 11 (Sched. B.). If any goods are, or any ship is, seized as forfeited under the Customs Ords., or any ord. by which customs officers are empowered to make seizures, it shall be lawful for any Ct. having jurisdiction to try such seizures, [and] with the con- sent of the Contr., to order the delivery thereof on security by bond, with two sufficient sureties, approved by the Contr., to answer double the value of such goods or ship, in case of condemnation. No person shall be admitted to enter a claim to anything seized in pursuance of the Customs Ords., or any ord. by which customs officers are authorised to make seizures, nor to proceed in any Ct. as aforesaid to establish his claim to any matter or thing seized, nor to enter any defence to any pro- ceedings instituted for the recovery of any fine, penalty, or forfeiture incurred in pursuance of any such ord. until suffi- cient security has been given by or on behalf of such person, in a sum not exceeding $100, if the matter is within the jurisdiction of a St. Mag., and not exceeding $300 if the matter is within the jurisdiction of the Sup. Civ. Ct., to answer and pay any costs occasioned by such claim or defence (as the case may be) ; and in default of giving such security all such matters and things shall be deemed and taken to be forfeited. AVhen any seizure has been made, or any fine, penalty or forfeiture incurred or inflicted, or any person committed to prison for any offence under the Customs Ords., or any ord. Customs. 1 53 Ord. 16/84. Ly which the Customs officers are authorised to make seizin the Gov. may direct the restoration of such seizure, whether condemnation has taken place or not, or waive proceedings, <>r mitigate or remil such fine, penally, or forfeiture, or release from confinement, either before or afteT conviction, such person on Buch terms and conditions as he shall see fit ; and, in case the Gov. shall nol so interpose, the proceeds of all fini penalties, forfeitures, and seizures shall be paid into the •Treasury, and shall ho tin reafter disposed of in such manner as the Gov. directs; and one-tenth of the proceeds of such fines, penalties, forfeitures, and seizures, shall he placed to tho credit of the L'evenue Defence Fund. The Contr. shall Contr.notto not be entitled to, or receive, any portion of the proceeds of i" u ' Uci i' uU '- any line, penally, forfeiture, or seizure. Upon the exhibiting of any information before any St. 8 189 Sum- Mag, against any person for any offence against the Ctms. inf onnon. bfre. Ords., for which the party charged is not liable to be detained, St. Mag. or being liable is not detained, or byivhich any penalty or forfeiture is sought to be recovered, or any punishment of h. 1. sought to be indicted -within o years next after tho commission of the offence, such St. Mae-, may from time to time and at any time afterwards issue his summons directed to such party, stating shortly the matter of such informon., and requiring him personally to appear at a certain time or place before him, or any other St. Mag., to answer to the said informon. and be further dealt with according to law. If on the dav and at the place appointed in such summons, s 190 Pro- i i t_ j> x. ai ■»*■ ,i -i cedure on hcar- the party summoned appears before such bt. Mag., then such ingtrfre. 8t. St. Mag. shall proceed to hear and determine the matter of Ma s- such information, and on proof thereof either upon the confession of the party, or upon the oath of one or more credible -witness or witnesses, shall convict the party charged in such informon.; but if the party so summoned fails so to Non- appear, then if it be proved upon oath or allirmon. : — appeal [Or now by affidavit, see Summary Procedure, p. 10.] to the St. Mag. then present that such summons was duly served at a reasonable time before the day appointed for his appearance, such Mag. may proceed ex parte to hear such informon. and adjudicate thereon, as if such party had per- sonally appeared before him in obedience to such summons. When any claim is made before any St. Mag. for the sl91 Bxamn. restoration of any goods seized under the Ctms. Ords., such "' c1 """- * In adopting tho Eiiirlish Act, tin re was evidently an omission altering " into the Treasury " to "to the Reo Lver-< r< neral." 154 Magisterial Law. Ord. 16,'84. s 192 Service of summons — personal m to satisfy the Court, such action or suii shall discontinue. 't' 1 'nuej dl8Con " Provided always, that if the pit. does so satisfy the Court he [f proof pit, shall not he allowed, on the trial of such action, to givi ' ' his evidence of any cause of action other than such as has bi disclosed in his said affidavit. Upon the trial of any action brought in pursuance of such s 213 Pll notice, the pit. shall not ho entitled to a verdict withoi proving on the trial that such notice has been duly served, in '-'\\'- . "'.'''j'!'- default whereof the deft, shall obtain judgment, with costs, mentwii nor shall the pit. be at liberty to produce evidence of any cause of action, except such as has been distinctly .stated in such notice. It shall be lawful for any such oilicer, ox other such person s 214 Tender to whom such notice is given, at any time within one month ul; " 1K ' IMla - after service thereof, to tender amends to the pit., or his agent or atty., and, in case such amends be not accepted, to plead [fi such tender in bar of the action, together with the plea of m *7 b ?P ! , > 8 1 vithi'I' '• not guilty. If upon the trial of such action the Ct. or jury find the rfanfflotont amends so tendered sufficient, they shall give a verdict for the verdict f"r ik-ft. deft., and in such case, or in case the pit. be non-suited or nponpi discontinue his action, or in case judgment be given for such §3^ deft., then such defendant shall be entitled to the bi- as he would have been entitled to if he had pleaded the general is sue only. But if upon issue joined the ( It. or jury find thai no amends n insuffl were tendered, or thai the same were insufficient, or find ;\ , 1 ." 1 J 1 ' t " ls ' u "" t against the deft, on such plea or pleas, th< il give judgment for the pit., and such damages as they shall think proper, together with costs of suit. _ Tn case any officer or other such person neglects to tend 160 Magisterial Law. Ord. 16,'84. Ct. by leave ■where there has been no tender. s 216 Limita- tion of action. s 217 Form. s 218 Repeal. Ord. 9,'87. Gunpowder, ord. 16, '84. amends, or does not tender sufficient amends, before the action be brought, it shall be lawful for him, by leave of the Ct. in which such action is brought, at any time before the trial of the action, to pay into Ct. a sum of money by way of amends, to abide the usual practices in such cases. Every action against any officer of customs, or other such person, shall be commenced within 60 days after the cause of action arises ; but if such action be brought in respect of any seizure made by such officer or other such person, the month shall be computed from the day of seizure, unless it shall within that time become the subject of a claim for the restora- tion thereof, in which case the cause of action shall not be deemed to have arisen until the day after the decision on such claim, and the venue in such action shall be laid in the county or place where the cause thereof is alleged to have occurred ; and the defendant may plead the general issue, and give the special matter in evidence on the trial thereof, and if the pit. shall be non-suited or discontinue, or if judgment shall be given against him, the deft, shall be entitled to costs. With the approval of the Gov., any form required by the Customs Ords. to be used may be altered, or any new form or forms may be substituted therefor or added thereto ; and all forms required by the Customs Ords. to be used, and all forms so altered, substituted, or added shall be supplied by and at the expense of the persons by whom, at whose in- stance, and for whose purposes it may be necessary that the same shall be used. Eepeal of s. 24 of 7, '38 ; 16, '54; 10, '56; 1,'62; 18, '72: Except as to anything done before the commencement of this ord., and except so far as relates to any arrears of duty or to any drawback which may have become due or payable, and except so far as may be necessary for the purpose of support- ing or continuing any proceeding heretofore taken or to be taken after the commencement of this ord , and except as to the recovery or applon. of any penalty for any offence com- mitted or any forfeiture incurred before the commencement of this ord., and all bonds taken or Hcenses granted, and all things done under the authority or in pursuance of any of the enactments hereby repealed, shall nevertheless be valid and effectual. S. 219, ord. took effect when proclaimed. " The Customs Ord. '87." S. 1 provides a schedule of duties for financial year. S. 2 provides an ad valorem duty at the rate of 11. per cent. on all goods not mentioned in s. 1, with a schedule of exempted articles, including Grov.'s wines, &c. S. 3 precludes Customs Ord. '84 applying to gunpowder Customs. 1G1 Ord. 9,'87. imported during continuance of this ord. — duty on gunpowder to be paid on importation. S. 4 provides for a drawback on exportation of imported goods, as allowed by Customs Ord. '84, and future ords. No drawback allowed on opium, bhang or ganje, wine or spirituous liquor, or gunpowder, during continuance of this ord. ; and not on animals, unless allowed by Govt. regulations. 8. 5. Contractors with II. M.'s Govt, for stores for troops entitled to drawback when proved by certificate of commanding officer. S. G. All moneys to bo paid to Colonial Recer.-Gen. Whenever the duties upon goods, &c, imported or taken s 7 rr<»m. notes out of bond for consumption, payable by any ono person or for dutK '"- firm at any one time, amount to or exceed $100, the Col. Eecr.-Gen., or assist-do., may take the joint and several prom, note of any such person or firm, and of some other good and sufficient person or persons, for the payment of such duties, payable 30 days after the date thereof. Every party to any such prom, note shall be deemed to be and shall be held liable in every respect as a principal debtor to all intents and purposes in any proceeding upou any such prom, note at the instance of the Col. Rec.-Gren. It shall not be competent to any party in any such pro- ceeding to set up any defence other than might be set up by a principal debtor. In default of payment, when due or demanded, of any of s 8 Recovery of the taxes or dues imposed by this ord., or ord. G, \SG, or of dutl,s - any promissory note allowed by this ord., or ord. 6, '86, to bo given for duties, the same, with int. at £6 p. c. p. a. from the date when the same became due and payable (where otherwise not specially provided for), shall be enforced and recovered by the Col. Eecr.-Gen., or assist. -do., by parate execution. 8. 9. Duties to be levied subject to any ord. now in force or hereafter to be passed. Any proceeding heretofore taken, and any penalty or forf ei- s 10 Saving ture heretofore incurred under any ord. relating to duties i '".j* customs which has ceased to be in operation, may be continued or recovered as if such ord. continued in operation. All bonds taken or licenses granted, and all things done under any ord. relating to duties of customs, and ceased to be in operation, shall be as valid and effectual and enforceable as if such ord. continued in ton . . Where any obligation has been entered into Eor the pay- sii nient of duties of customs, such obligation shall be deemed to ! ,, ;i lie an obligation to pay all duties of customs which may bei i ***• legally payable, or which are made payable or recoverable P. M 1G2 Magisterial Law. Ord. 9,'87. s 12 Operation of ord. Ord. 4,'85. s 24 Gov.'s power of pro- hibiting or allowing manu- facture, &c. Definition. 8 25 Machine, when forfeited. S 26 Who may enter, search for, and seize ex- plosives ; including con- stables with warrants ; under any ord. levying duties of customs for the time being in force, and to pay the same as the same become payable. Ord. to take effect from 1 July'87— 1 July'88, unless other- wise enacted, &c. ^__ 191 Dangerous Goods— Specially dangerous Explosives. Ord. 4, '85, ss. 24—7. Compare 38 Vict. c. 17, and 46 Vict. c. 3. The Gov. may from time to time by proclamation prohibit (either absolutely, or except in pursuance of a license issued under his hand and the seal of the colony) : — Or may make subject to conditions or restrictions: — the manufacture, keeping, importation from any place out of the colony, conveyance, sale, receipt or possession, or any of them : — of any explosive (which is of so dangerous a character that in the judgment of the Gov. it is expedient for the public safety to make such pro- clamation) : — and of any detonating machine, constructed or intended to be used in the detonisation of any such ex- plosive. " Detonating machine" shall include the separate parts of any such machine, and all machinery and parts of machinery constructed or intended to be used in the detonisation of any such explosive. Any explosive or any detonating machine manufactured, kept, imported, conveyed, sold, received, or possessed, in con- travention of any such proclamation, shall be forfeited : — [And when forfeited, to be destroyed: — s. 27.] («) Every person manufacturing, keeping, importing, con- veying, selling, buying, or receiving : — (b) Every person found in possession of: — (c) Every person in any way aiding, or being concerned in the manufacturing, &c. [as in (a)], . . . receiving, or jwssessing °f : - . ... Any explosive, or any detonating machine, in contravention of any such proclamation, shall be guilty of an offence (sum- mary) : — Fine, §100 — §500 ; in default, impr., with or without h. 1., 3 — 6 months. Where any of the following officers : — any inspr. or sergt. of police : — Or any constable or police officer, if specially authorised : — (a) by a ivarrant of a J. P. (which warrant such J. P. may grant upon reasonable ground being assigned on oath) : — (b) by a Dangerous Goods. 163 Ord. 4,*85. written order from an inspr., sergt., or superior officer of ~~ ~ police (where it appears to an inspr. or a Bergt., i>r other officer wan of police of .superior rank that the case is one of emergency, and that the delay in obtaining a warrant would be likely to endanger life*) : — Has reasonable cause to believe that any offence has been, or is on suspecting being, or is likely to lie, cum milted with respect to an explosive in ° ence; any place (whether a building or not, or a railway, canal, harbour, wharf, carriage, boat or ship) : — Or that any explosive is in any such place in contravontion of this ord. : — Or that the provisions of this ord. are not duly observed in any such place : — Such officer may, on producing (in tho case of any constable production of or police officer) his authority, if demanded, enter at any time, and if needs be by force, and as well on Sundays as on other days, tbo said placo and every part thereof: — and examine search. the same and search for explosives therein, and may either seize the whole or take samples of an}' explosive, or any ingredient of an explosive, or any substance reasonably sup- posed to be an explosive and ingredient thereof, which maybe found therein: — and may remove an} r such explosive, ingre- dient, or substance so found therein, in such manner and with such precautions as appear to him to bo necessary to prevent any danger to the public, and may detain the same as if it were liable to forfeiture. Any such officer: — who has reasonable cause to suppose that Powextostop, any offence against this order is being, or is likely to be, com- carriage, ante, milted, in respect of any carriage or boat or ship conveying, ^.;: 1 t I ' 1 ' r tr p 1 x ,^ 1 iT loading, or unloading any explosive, and that the case is one without* of emergency, and that the delay in obtaining a warrant will be likely to endanger life : — May] slop and enter, inspect, examine and detain such carriage or boat or ship, and by detention or removal of such explosive, or otherwise, take such precautions as may be reasonably necessary for removing Buch danger in like manner as if such explosive w< re liable to forfeiture. Where a constable or police officer specially authorised l>v I'ntn-. &e. with- . , K j .. r ,, i nut warrant to written authority, other than a warrant oj a J. 1 ., enters ana ,, reported to searches as above provided, a special report in writing of every H* act done by such constable or officer in pursuance <>f that authority, and of the grounds on which it is done, shall be * The order of the part nthesie has been slightly changed here f<>r con- venienoe, as the ord. read obscurely as it stood, though it follows s. 73 - ict. o. 17. t Semble— the words without warrant appear to be accidentally omitti 5 h< re.— Ed. M 2 164 Magisterial Law. Ord. 4,'85. Officer's powers without, same us with, warrant. Offences against sec. Detonating machines within sec. S 27 Destruc- tion of seizures. S 28 When apprehension without warrant. forthwith sent by the person by whom or under whose autho- rity it was done to the Grov. Every officer shall for the purposes of this s. have the same power, and be in the same position, as if he were authorised ty a search warrant granted under this ord. Any person who by himself, or by others, fails to admit into any place occupied by, or under the control of such person, any officer demanding to enter in pursuance of this s. : — Or in any way obstructs such officer in the execution of his duty under this s. : — Shall be guilty of an offence (summary) : Fine $50— $240 ; in default — impr., with or without h. 1. not excdg. 4 months, and liability to forfeit all explosives and ingredients thereof, which are at the time of the offence in his possession or under his control at the said place : (to be destroyed, s. 27; . The preceding provisions, so far as applicable, shall apply to detonating machines (s. 24). Every explosive, and every detonating machine forfeited under the provisions of this ord., shall be forthwith de- stroyed. As to powers of police [previous to Ord. 4, '85] to search for "any explosive substance other than gunpowder," see 16 '72, s. 9—" Gun- powder." Any person ivho is found committing any act for which he is liable to a penalty under this ord. : — or ichich tends to cause explosion or fire in or about any p>lace (whether a building or not, or a railway, canal, harbour, or wharf, or any carriage, ship, or boat), may be apprehended without a warrant by a constable, or police officer, or by the occupier of, or by the agent or servant of, or other person authorised by the occupier of such place : — or by any agent or servant of or other person authorised by the railway or canal co., or harbour authority : — and be removed from the place at which he is arrested, and conveyed as soon as practicable before a J. P. As to combustibles being warehoused with leave only, see Customs, 16, '84, s. 62. Crd. 2,'53. Complaint must show jurisdic- tion. 209 Abendanon v. Sproston (31 March'S3). Employers and servants, ord. '53 — by negligence damaging ship's boiler. Under the ord. '53, procedure is to be under ord. 30 '50, which is repealed, but s. 43 of 19, '56 provides for such cases. It is essential that it should be shown that tbe offence charged in point of fact occurred within the Mag.'s jurisdiction. (See this judgment for clear and elaborate exposition on the subject of jurisdiction.) The decisions of the Review Ct. dealing with dry points of law, or with facts equally dry, are, and I trust always will be, entirely impersonal in then- tone and character. (Chalmers, C. J.) Excise — Crown Lam 165 Ord. 17, '86. 214 Excise— Crown Lands. "The Government Land Department Ord. 17, '86," and " Tho Crown Lands Ord. 18, '87." [Ords. 11, 'Gl ; 1, '69, and 12, '71 were repealed by 9, '7:;. Ord. peals. was amended by 16, '85. Ords. 9, '73 and 16, '85 are repealed l»y 18, '87.] " Tho Govt. Land Department Ord." S. 2, creation of dept. ; s. 3, Crown surveyor ; b. I, stall'; b. 5, salarii - ; s. 6, duties as directed by the ( rov. : ss. 7, 8, continue existing i ffia i a ; s. 9, officers nol to engage in other businesses; b. 10, La future, pro- fessional qualification as surveyor ; s. 11, temporary appts. Tlio Govt. Land Dept. shall have the charge of and act as si2 Limitation guardian over all the Cr. lands, forests, rivers and creeks ■■ roperfcy. the colony for such period and so long as the legislature of the colony make provision for a civil list to the satisfaction of II. M., and for no longer. S. 13, the dept. to execute all surveys for any grant or license under any Crown lands ord.; s. 14, to keep proper registers of all --rants of Crown lands and licenses, heretofore (as far as ascertainable), and in future issued ; b. 15, charge of all lands, property of the colony, i usept Lands of the lands occupied with buildings under tin- charge of the public works dept., colony, who are to retain the charge; b. L6, registers; b. 17, colony land- not to be rented or sold without sanction of the G-ovt. ; s. 18, transports passed by Uol. Wee. Gen., and registered by Crown surveyor; ss. L9, 20, plans; s. 21, registers op< a to the public during office hours on paymenl E f ees, and copies obtainable in like manner. Ord. 18, '87. "Boat" = any vessel or craft, and includes the tackle, s2 i apparel and furniture belonging to or used therewith. ••< Irown Lands Regulation" = anyreguln.contd. inSched. 1, or made or passed by the Gov. under this ord. •• Vehicle" = anything used in conveying on land any Bub- stance or thing seized or liable to seizure under this ord., and includes any animal attached to, or used with, such vehicle, together with all harness, tackle and appurts. Subject to the provons. of this ord.: — the Cr. lands and s3< fon-sts of the colony may be granted or sold by the Gov. in the name and on the behalf of H. M. : — Tho Gov. (in the name, &c, s. 3) may issue licenses to cut s4 Licenses, wood in the Cr. forests; or may grant permission, or i-sue licenses, to occupy any portion of the Cr. lands, or to take or obtain any substance or thing found in the Cr. lands or forests. Provd. thai no license shall issue under this ord. to take or Minerals, obtain any mineral, except stone, for building or road mate- rial, or for constructing sea defences. Ord. 18,'87. S 5 Free grants. 1G6 Magisterial Law. The Gov. (in the name, &c, s. 3) may issue free grants of Cr. land in such localities, and allotments, and subject to such conditions, as may from time to time be approved by the Gov. and Ct. of Pol. Sched. I. Price. Application. Survey. Auction. Applicant not purchaser. Half purchase- money down. A. Regulations with respect to the Sale of Crown Lands. 1. No land (other than forest land which is more than 10 miles from any public road) shall be sold at less than $10 per acre. 2. Such forest land may be sold at any sum not less than $5 per acre. 3. The applon. must be addressed in writing to the Govt. Sec, and must contain a descrpton. of the land applied for, setting forth, as far as practicable, its situation, extent and boundaries, and furnishing such further informon. as may, in each case, be required by the Govt. Sec. in order to deter- mine whether there are any existing grounds against such applon. beiug complied with ; and it must further (unless the applicant be prepared to pay cash), be accompanied by a letter signed by two sureties, engaging to become bound for the fulfilment of the terms of purchase, and such sureties shall be subject to approval by the Auditor-Gen. 4. Should no ostensible grounds against the applon. being entertained be found to exist, the Gov. may, if he thinks fit, authorise the Cr. Surv. to direct a survey to be made of the land applied for, and, on its completion, notice of the applon. shall be published for 3 successive Sats. in the 0. G., during which period any person having grounds of opposition to the intended sale may enter his oppon. at the office of the Govt. Sec. 5. In the event of there being no sufficient ground of oppon., the Gov. may, if he thinks fit, at the expirn. of one cal. month from the last publicon. of the notice, direct that the land shall be exposed to public auction at the upset price, and thereupon the land shall be exposed to public auction at a time and place to be appd. by the Cr. Survr. 6. If the highest bidder is not the applicant, he shall repay to the applicant all fees paid by such applicant, including the expenses of survey. 7. Where the Gov. thinks fit to issue the grant, the purchr., in the event of his not being prepared to pay the whole amount in cash, must forthwith pay down one-half of the pur- chase-money, whereupon he shall be entitled to occupy the land free of rent for the term of 2 years from the date of payment, and the balance of the purchase-money shall be Excise — Crown Lands. 107 Ord. 18/87. payable- in two equal annual instalments from such date with int. at the rato of 6 p. c. p. a., and on lull pa; a grant of the land shall be given to the purchr. As to penalties for breaches, &c, see ss. 21, 22. And whereas in certain cases where grants or licenses have se Confixma- been, or are presumed to have been, issued, it is expedient I issue grants of Or. land, or licenses to occupy Or. land o special condons: — bo it enacted that in sue!, •• Gov. may issue a grant of Cr. land, or a license to occupy Or. land on any condons., but no such grant or license shall have any forco or effect until approved by the Gov. and Ct. of P. [Sees. 10.] Whcro any Cr. lands are empoldered (see Polder) by or e 7 Empowered under the diron. of tho Col. Govt., the lands so empoldered Cr ' hlud *' (if the Gov. consents thereto) shall bo deemed to be vested in the colony : and tho Gov. shall cause a grant of such lands to and in favour of the colony to bo issued under his hand and tho public seal of the colony, describing the lands so empoldered, and certifying that such lands have been so empoldered, and thereupon such lands shall vest in tho colony: provd. that nothing herein shall be deemed to confer Reservation of any right to any minerals in such land which shall remain the m i nCT a1 "- property of H. M. Every grant or license issued by the Gov., except any grant s 8 or license issued under ss. .5—7, shall be subject to tho Cr. ^i"** "* * Land Regns. for the time being in force. No grant or sale of any Cr. lands shall bo deemed to confer, s 9 HJnerala or to have conferred, any right to any minerals in such Or. " lands, and all such minerals, notwg. any such sale or grant, shall be deemed to remain, and shall remain, the absolute property of II. M. No permission and no license, except licenses issued under s io i % s. G, to occupy any of the Cr. lands or forests shall be issued '"j"" 1 ""- except in accordance with the Cr. Lands Ecgns. for tho timo being in force: provd. that this s. shall not apply to any license or privilege which may lawfully be granted to mine or search Eor, or take any valuable mineral (i.e. under gold and silver) (see "Mining Ord." 4, '87). No grant or license, except any grant or license issued all under ss. 5 — 7, shall be issued under this ord., excepl on a andpubtie written applon. by or on behalf of the person desiring the same, and after notice of the same has been published by the Govt. Sec. one day in each of -1 successive weeks. Before any grant of Cr. land is issued, excepl any granl sic issued under ss. 5 — 7, the land proposed to be included in KrtiUt9 - such grant shall be exposed to public competition at auction 168 Magisterial Law. Ord. 18,'S7. at the upset price, which may also from time to time be fixed by the Or. laud regns. s 13 stated Where two or more persons desire to obtain a license under privilege license. ^ g orc i £ Qr s i m i} ar or anv privileges in the same land, or for the same or similar privileges, or where it may appear expe- dient to the Gov. to do so, the Gov. may direct that a license for stated privileges shall be exposed to public competition at auction. s 14 Provisions Where any grant or license is exposed to public competition, the following regulations shall be observed : — Notice - («) Public notice of the time and place at which such grant or license shall be exposed to public competition shall be given for at least 21 days before the day on which it is so exposed to public competition. Auctioneer. ^ The Cr survevor) or any officer of the Govt, land department authorised by him, shall expose to public com- petition at auction, such grant or license as the Gov. has sanctioned being so exposed at auction. lots 8- wh ° le ° r m ( c ) Wh ere any grant or license for any privileges is applied for under this ord., the land proposed to be comprised in such grant, or the license for such privileges, may be exposed to public competition at auction as a whole, or may be divided and separately exposed to pubhc competition as may appear to be most advantageous to the public interest. Xatea. ( f /) The person offering the highest sum at such public competition shall, if a grant or license be issued to him, pay the church and poor rate payable by the purchaser on sales at public auction. s 15 Highest Where any grant or license is exposed to public competition, bidder. ^ p erson offering- the highest sum (if such highest sum is equal to or above any upset price which may be fixed) shall be deemed to have a preferent claim to such grant or license, if the Gov. deems it expedient to issue such grant or license; but nothing herein contained shall be deemed to give any person a right to any such grant or license. s 16 Objections Any person claiming any interest in any land proposed to licen?e nt0r he included in any grant or in any license under this ord., or having any reason to oppose the issue of any grant or license, may lodge in the office of the Govt. Sec. his reasons of objec- tion (which must be in writing), and the grant or license so objected to shall not be issued until the Gov. has decided as regards the validity of such objections. s 17 Governor's It shall not be compulsory on the Gov. to grant, sell, or dispose of any portion of the Cr. lands or forests of the colony, or to issue any license under this ord. in any case whatsoever. s 18 peter- Where any condon. of any grant or license is not complied ^tf&o.° f witll > or w ner e any of the Cr. land regns, the breach whereof ExcisK — Grows Lands. 169 Ord. 18, '87. entails forfeiture, is not complied with, the grant or licen .shall thereupon determine Where any grant or license in any way determines, all s L9 bldgs. and erections on the land, at the time when the granl /;.. or license determines, shall absolutely belong to 11. M. Where any grant or license determines in consequence of "20 the non-compliance with any condn. or Or. land regn., tin' tion. unpaid portion of any renl or acre money to 1'" paid in respi of the unexpired portion of tin- term mentd. in such grant or license shall fall duo and become payable, and may he re- covered by summary execution against the grantee or licenseo and his sureties. The Gov. and Ct. of P. may from time to time make, and s2l i:.L-ula- when made, alter or revoke, regns. for any of tin' ptoses, of this ord. Until otherwise ordered by the Gov. and Ct. of 1'. the regns. in tho Sched. 1 shall he in force as regards the several matters to which they relate. Every regn. contd. in the said Sched., until altered or re- Publication, &c voiced by the Gov. and Ct. of 1'., and every regn. made and passed by the Gov. and Ct. of 1'. purporting to he made and passed under this ord. when published in the 0. G., shall have, until altered or revoked by the Gov. and Ct. of P., tho same effect as if expressed in an ord. and shall be judi- cially noticed. Any regn. may provide that any person not complying Br i therewith shall be liable to a penalty not exceedg. $2 10, re- coverable under the summary jurisdiction ords., and in addi- tion forfeiture of grant or license. Any regn. may provide Grantee,* that the holder of any grant or license shall he liable for any l\ penalty for a breach thereof committed by any member of his ^-. family, or by any person Unix/ with or employed by him. livery person who does not comply with an;/ Cr. lands regn., *—- for the breach of which no special penalty is provd. } shall be guilty of an offence (summary) : — Fine not exceeding §18. B. Regulations with respect to Licenses gene- Bchea.i. rally, which give a Right of Occupation for more than Twelve Months, or to cut Wood. 1. The holder shall not sub-divide or sub-lei his int. in any Nol tow such license, except with the permission of the ( the Cr. Surv., a, id it' there Application. apneai-s to lie no objection, shall be advtd. for three successive Sats. in the 0. GL, and in the event of there being no good ground of opposition, may be issued to the applicant. 4. The applicant, before obtaining the license, shall give seenritj ■ security to the Cr. Surv. in the sum of si, 000 (to the Batisfon. tvc<." l °' 174 Magisterial Law. Ord. 18/87. Licenses only to collect balata, &c. Scientific know- ledge of licensee. Fee. Term. When regn. 5 began to operate. Bleeding. Incisions. Depth, &c of do, Only licensee can purchase substances. Fee. Term. When. regn. began to operate. Book of entries. of the Cr. Sur.) to avoid injury to the Cr. forests; and in the event of the person holding the license injuring the timber or growing trees in the Cr. forests, such amount may be re- covered by parate execution. 5. The holder of any such license shall not employ any person to collect balata, india-rubber, or any substance of a like nature who has not a license from an officer of the Govt, land dept. to collect such substances : — No person shall collect any such substance who has not obtained such a license. No such license shall be granted, unless the officer granting it is satisfied that the person to be licensed is acquainted with the proper method of bleeding the trees producing such sub- stances. The fee to be paid to the general revenues for every such license shall be $1 . The license shall only remain in force for one year. This regn. shall uot come into force until 1 Oct. '87. 6. No tree shall be cut on more than half the circumference at one time, and no tree shall be bled for any such substance until the part cut by any previous incisions has grown together. 7. The incisions must either be made by one stroke of the instrument, or so cut that they do not cross each other, but run one into the other, conveying the milk towards the base of the tree. 8. The incisions or gutters formed in the bark must not be more than one and a-half inches wide on the outside, and barely the full depth of the bark, so as to prevent injury to the wood. 9. No person shall purchase any balata, india-rubber, or other substance, unless he has a license to do so from the Cr. Surv. The fee to be paid to the general revenue for every such license shall be $10, and [such license] shall only remain in force for one year. This regn. shall not come into force until 1 Oct. '87. 10. Every holder of a license to collect balata, india-rubber, or any substance of a like nature : — and every holder of a license to purchase any such substance : — shall keep a book in which shall be entered the quantity of every parcel of balata, india-rubber, or other substance of a like nature, re- ceived by him, the date of such receipt, and the person from whom he received it. Such book shall be at all times open to the inspection of any officer of the Govt, land dept., any Com. of Taxn., or mem- ber of the police force. Excise — Crown Lauds. 175 Ord. 18,'87. 11. Every person who purchases anybalata, india-rubber, , ~ or any substance of a like nature, shall pay to the Col. Rec. ,,.; Gen. or assist, do., ;i royally at the rate "1' 1 c. per Lb. 12. Every person who desires to collect any gums or fruit, Froita,&a— or any substance which can bo obtained without cutting any tree or shrub, shall take out a License from the Or. Survr. and pay for the same the sum of $o, to be paid to tho general revenue. Tho license shall only remain in force for 6 months. Term. Every person who wilfully trespasses on, or unlawfully occu- s23 Wilful pies, any of the Cr. lands <>)' the colony, shall be guilty of an bK "B au > *»■ offence (summary) — Fine not exedg. s-1 ; or impr., with or without h. 1., not cxccly. 2 months [as in arrest, sec s. 39, or summons, s. 40]. I. No person shall be deemed a wilful trespasser on, or to Proviso. have unlawfully occupied, any of the Cr. lands under this .v., Lawful who proves /<> the satisfaction of the May. before whom he is defences - brought, that : — (a) He was travelling, and reasonably occupied or used the Cr. lands for the purposes of his journey ; (&) Ho was authorised to occupy or use such lands by com- petent authority ; (c) He, or those through whom he claims, has been in possession of such lands for one year next before the day on which the (pit. against him has been lodged ; (d) He, or those through whom he claims, occupied tho land under a bond fide claim of right. II. Where any person is convicted for a first time under Whereimpr. this s.: — Ho shall not bo liable to be imprd.. whether in jSj^ed? default of paying any penalty or otherwise, if ho thereupon surrender peaceable possession of all the Cr. lands occupied by him, with all the crops growing thereon, and all bldgs. and erections upon or affixed to such lands. Save as hereinafter except* d : — livery person who takes any s24 Taking substance, or thing, from or off, the Cr. lands, or forests, shall i;,',"']^'. be guilty of an oil'ence (summary) : — Fine not exedg. $48 ; or impr., with or without h. 1., not exedu-. - mouths, and such substance or thing shall be deemed to bo forfeited and i ondemned [as to arrest, see s. 39, or summons, s. 40]. Where tho person : — (1) Holds a grant of tho lands from or off which the sub- Exceptions. stanco or thing was taken, and is authorised by such grant to take such substanco or thing; (2) Holds a license from the Gov. to take such substance or thing from or oil such lands; (3) Is tho servant or agent of any person holding any such 176 Magisterial Law. Ord. 18 '87. s 25 Impeding navigation a misdr. ; unless with Govr.'s leave, temporarily, or as stop-off. s 26 Obstruct- ing officer. grant or liconse as is referred to in the two pre- vious paragraphs, and is acting within the privges. conferred by such grant or license ; (4) Is travelling, and reasonably takes the substance or thing to enable him to support life or to continue his journey; (5) Is lawfully travelling, and takes the substance or thing for any purpose other than the purpose of profit or gain. Any person who wilfully causes any impediment to the free use or navigation of any river or navigable creek shall be guilty of a misdr. : — And punishable accgly. — except he has previously obtained the per- mission of the Gov. to cause such impediment. The Gov. may sanction the temporary placing of any impediment in any river or creek, for such time as may be expedient, on such condons. as to the Gov. may seem proper. Provided that the constron. by any person (authorised to cut wood, or to search or mine for minerals) of a temporary stop-off or obstruction, made for the ppose. of raising the water in a creek to facilitate his business, shall not be deemed to be an offence under this s. Every person obstructing any officer or person acting under the provons. of this ord. shall be guilty of an offence (sum- mary) : — Fine not excdg. $50, or impr. with or without h. 1. not excdg. 2 months. s 27 Licensees inciting, &c. to trespass. If the holder of any license issued under this ord. shall unlawfully cause or procure, or incite or aid, any person : — to commit any trespass on Crown lands : — or to remove anything seized under this ord.: — he shall be guilty of an offence (summaiy) : — Punishment as in s. 26, and, in addition, forfeiture of license. s 28 Who may make seizures. What may be seized. Any officer of the Govt, land dept., or any Com. of Taxn., or any member of the police force, or any rural constable (if such const, is authd. in ivriting by the Inspr. Gen. of Police to make seizures), may seize, take possession of and detain, any substance or thing illegally taken from or off the Cr. lands, together with any boat or vehicle used in the removal thereof, and all tools and implements found with or in the possession of the person having such substance or thing ; and every article so seized and detained under this ord. shall be deemed and taken to be forfeited and condemned. See Fraser v. Gonsalves, p. 170. Excise — Crown Lab i 177 Ord. 18, '87. Where any article is so detained, tho May. of the district in which such article was seized shall advertiso the same for l Jdatf ae5ure! successive Sats. in the 0. <>. !'<>r salo on a specified day at some convenient place, and on tho day appd. sell the tame by and «aie unless himself (or by sumo person authd. in writing by him) publich to the highest bidder, unless the person claiming the Bame, or some person authd. in writing by him, shall on or before the third Bat. givo notico in writing to tho Mag. that ho intends to claim such article. No claim to any article seized under this ord. shall be enter- s3 ° Claimsto tained unless the same shall be entered in tho namo of tho person who removed such article, or in the namo of some perlyente person who in such claim shall state himself to bo, at the time of making the same, the person bond fide entitled to such article, and unless the sum of S-4 be deposited with tho Mag. Deposit fur in security to pay any costs that may bo awarded in the event co * u ' of judgment being given against the claimant. The proof of the illegality of any seizure made under this ord. s 31 Onus pro- shallbe on the claimant of the article seized; and the proof of the legality thereof shall not be on the seizing officer. If upon any trial or proceeding a question shall arise whether Authority of any person acting as a seizing officer under this ord. is such scizm b' a»oer. officer, evidence of his acting as such officer shall be deemed sufficient; and such person shall not bo required to produce his commission, warrant, or authty. Mendinho v. Chalmers (26 May'83). Where a fact has to he affirmatively proved, it is not open to infer the This case under existence of such fact from oirces. which arc equally conaistenl with its t! ; non-existence. Bufctheonwsof proof here is not according' to the ordinary :V ',' ! a ''.'' ( ' i '! ? { ° course. Theregn. referred to adopts the i with all its incidents appertaining to seizures of timber cut on ungranted Cr. lands, amongst which there isa very important provision found in s.-b! of Cr. Lands Ord. '61, and re-enacted in thai of '73 [and again in s. 31 of ord. 18, '87, Ed.], that the onus .shall be on the claimant of the article seized, and not on the .seizing officer. Swain v. Lopes, M. J. (19 Nov.'86, and 14 Jan.'S7). Three Lots of Bhingles, &c, were seized — 2 lots on the case being rcf erred Title to lend, bark to the Blag, were proved to have been cut on private lands, bul not evidence as to. so the third lot. N. is. the concluding words of Chalmers, C. J.: — '•There is one further remark which I think it advisable to make with regard to the nature of the evidence given effeel to in this case. The Mag-, who adjudicated originally gave effect to oral evidence as to the Ownership of land, as it was open to him to do, and without objection from the applt. ; and it would have been unfair to the respt. to insist in tl: subsequent proceedings on a new depasture. But -Mags, who may ha to adjudicate in oases of this kind would do v. : in mind that though the law does not in all cases absolutely require the production of written title to land, i; doe, require the best, evidence thai the nature oi the thing will admit, and when the question is whether a given land is P. N 178 Magisterial Law. Production of grant. Cr. land, or has been granted to a subject, the production of the grant should be required, unless some satisfying explanation be established for the non-production. 219 Manoel Pistano v. C. S. Swain (6 March' S6). The appt. was convicted before the Sp. Mag. (Dem.), under s. 32 of the (repealed) ord. '73, charging him "with having made shingles upon unerranted Crown lands. The first reason for review is that the "charge or complaint does not disclose any offence," which was maintained at the hearing on the ground that the charge contained no description, by locality or other- wise, of the Crown lands where the shingles were said to have been unlawfully made. It is obvious the information ought to describe the land, as well for the purpose of informing the deft, concerning the charge he has to meet, as of bringing the proceedings ex facie, within the territorial jurisdiction of the Mag. before whom they are taken. Eut in this case there is a description. Pistano is described as the holder of a license for " a certain grant of land in the B. Creek, situate in the County of Dem. and Colony of B. G-.," and the making of shingles charged is said to have taken place " on the ungranted Crown lands," without the limits of his said grant of land situate in the B. Creek, in the Dem. River District, &c. The fair reading of this description is that the locus of the offence was situated on the B. Creek, and the evidence is to the effect that it was so situated. Objections to be If p. was deceived or misled by the terms of the information (though I made at hearing. f -j not gee -^ ow ^ s wag p 0SS ibi e ) ; his course was to object at the hearing before the Mag. and ask for postponement ; he did not do so, and I overrule the objection now taken. The remaining and principal objection raised in reasons 2 — 4, and maintained in argument, is that the evidence does not establish that appt. committed any offence. The evidence on record shows that deft, is the holder of a grant : that he was himself at the grant, and presum- ably directing operations in Jan . of last year : that he then got sick and went to G., and thereafter the grant was in charge of a manager ap- pointed by deft. He was paid by a share of the profits. This manager employed and paid the workmen. In June a quantity of shingles was found to have been made on Crown lands abutting on deft.'s grant, and two of the workmen employed on the grant say that in March the manager told them to cut trees and make shingles on the Crown lands, as the timber fit for shins'le-making' on the grant had then become scarce. These workmen are flatly contradicted by the manager. The Review Ct. has no function to decide in this case whether any part of the evidence was more worthy of belief than another, but the question is whether, assuming all the inculpative evidence to be true, there was or was not any case against the deft, for the Mag. to decide. Taking it together, it is clear there is no evidence showing that deft, directed shingles to be made on Crown lands, or knew that shingles were being so made, or that he ever knew that timber suitable for shingle-making had become scarce on his grant. The circes. on which stress was laid — that there was a cart path leading from the grant upon Crown land, whatever it might avail, is not connected with the deft., for the path is not proved to have been in existence up to the time when he left the grant. Personal com- rr^e Mag. appears to have quite correctly judged that there was no Ex( [8E — Ceown Lam.-. 179 . nee of the deft.'s personal complicity or knowledge thai anything improper was going on, for he rests the conviction expressly on "the decisions making the master criminally liahle for the acts of bis Bervanl inthingsdone within the Boope of his employmi nt." New although there D i- a rub thai the master is liahle civilly for Buch acta, th< re is ao gi ••■■ raJ ' rule thai he is liahle criminally, [f acah-driver in the course of bis i m- ' , . , iiii i ••]iin:ii;ilJv imu ployment drives carelessly against a Becond cab and does injury, the dvflly. ' employ r of the driver who was in fault would be liahle for damages in a civil action ; bat if his driver should drive carelessly over a I Benger and kill him, it is the driver, not the employer, who would be prosecuted for manslaughter. It is the person who do ory to a criminal ac1 who is liahle. Occasionally it happens that a master is criminally Liahle as an accessory or abettor of the criminal act of his sen ant ; ' but that is where he would be equally liable although the rela- tion of master and servant had no existence. It is true thai i 1 some enactments which impose on a master criminal liability for the a of his servant, e.g., b. 65 of 25, '68 (Spir. Liq.); but such exceptional 26,'68,b.66. enactments are passed b< cause the general law does not impose liability on a master, and the legislature has deemed it necessary to impose such liability exceptionally in order to meet particular circumstances. Pas- in text books which might perhaps seem to state the masters' liability generally relate to enactments of this class, or else to eases where the t'a' t of 1" ing master or employer was an adminicle of evidi nee in< j- tablishing actual complicity, as, for instance, Atty.-Oet . v. Siddons, 1 C. & J. 220, and Atty.-Gen. v. Burgess, 2 0. & I. 493; Multins v. Collins, 1 L. K. Q. B. 292, which was cited as an authority fo t. in this appeal, was a case where theCt. construed a clause in the English Licens- ing Act (35 & 'JO Vict. c. 94, s. 1G) as imposing on a lie* nsed victualler liability for the act of his servant iu supplying liquor to a constable on duty. The judges appear to have held i. en the intention of the legislature to impose such liability although it was not imposed ex - ly. They reasoned on the terms of the cl [location with those of e, rtain other adjacent clauses and on theconsidi ration that anil 38 construed in the way they did the clause would be inoperative, bul Mr. Justice Archibold expressly said that the Ct. was not interfering with the maxim that before a person can he criminally convicted he must be shown to have th( .1 do not see that the reasoning on which this deci- sion proceeded would be applicable to s. 32 of the Crown Lands Ord. Tin' latter would not be inoperative although the licensee were not punished personally, for any one who tines any of the prohibited act.- may be pun- : - nol as in the English enactment in question, where the penalty is expressly directed against the licensee, and there is no collocat here as in the English enactment. Somerset v. Kart, L2 Q. B. I'. •' cited for the app medasanauth for the respt. , was a ler s. 17 of tie Bame Licensing Act imposing a penalty on the licensee if he Buffers any gaming to he carried on in 1.: Th< re dug in the premises to the knowli I the lice ns, e, but no evidence of connh ance or wilful shutting his eyes by the lii ad the Ct. held the Jusl inn fusing to convict the licensee. Lord < loleridge, C. .1.. in giving judgment, Bald that in all the pi Mullins v. Collins, the judges expressly say that there musl methrag from which connivance on the par: of the licensed \ ictualler may he inferred al all events to necessitate a conviction, and thai il nowhere 1m Id in those cases that be can be -aid to sutler gaming wh< what takes place is nol within his knowledge ; and, t which he attributes little weight to Mullins \. as an authority for the opposite doctrine. Redgatt v. Kayn i, 1 Q. B. J». 89, and A /v. Davies, 1 Q. B. I >. 84, also show the sort of evidence which 1 u- x •_• 180 Magisterial La'sy". sidered necessary. If some evidence of connivance is needed where the offence consists in "suffering" something prohibited a fortiori, it is needed where the offence, as alleged in the present case, consists in posi- tive act. Suffering a criminal or quasi criminal act to be done even with full knowledge is not at all equivalent to doing the act. Beg. v. Hawley, 9 L. T. N. S. 827 ; St arle v. Reynolds, 14 L. T. 518 ; Reg. v. Barrett, L. & C. 2G3 ; and Reg. v. Stannard, L. & C. 349, may be also referred to. The cases which, perhaps, might at first sight seem best to support the view taken by the Mag. , are some of those upon indictments for nuisance, as, for instance, B. v. Stephens, 1 Q. B. D. 702. This was a case of ob- structing a public river by the dt bris from a quarry, and it was held that the owner of the quarry carrying on the work by servants was answer- able upon indictment for what was done by his servants. But proceed- ings of this kind for the abatement of nuisance, although in form criminal have been considered to be in substance civil. In Reg. v. Stephens, Lord Blackburn said, ' ' I wish to guard myself against its being supposed that either at the trial or now the general ride that the principal is not criminally answerable for the act of his agent is infringed." I think the present proceeding, which involves fine or imprisonment, or both, is distinctly criminal. Another consideration in these cases of nuisance is, that the nuisance has arisen as an incident of the manner in which the work was carried on, and there has been breach or fadure of duty by the person convicted in not sufficiently supervising or controlling his servants in their manner of working, so as to prevent their acts infringing public rights. I do not see that the making of shingles on the Crown lands outside of applt.'s grant would be in any way an incident of the work- ing of the grant or a thing which the applt. was bound to anticipate and provide against. On the ground, therefore, of the absence of evidence either directly or indirectly implicating the applt. personally, and on the view of the law which I have explained, I set aside the conviction with costs. (Chalmers, C. J.) Gonsalves v. Harcourt (15 Oct.' 85). "Corn." 0. G. '85, p. 714. Illegal seizure under repd. ord. 9, '73— seizure of " corn" — that article not being within the repealed ord. 9, '73. Admor.-Gen. (Serrao) v. King (9 May'83). Balata. This was a case under the repealed ord. 9, '73. Atkinson, J., held that "balata" was not within s. 32. Dagleish v. King (9 May'83). This case was similar to the last, except that the question as to balata being within s. 32 or not, was not gone into, because the conviction was quashed for want of proof that the balata in question came from Crown lands. (Atkinson, J.) Gonsalves v. Chalmers (18 Aug.'83). This was another case under the repealed ord. 9, '73. Appearance to a summons waives irregularities of service of complaint. A postponement would have been desirable, but the case was not remitted to the Mag. because Goldney, J., thought that the Mag. would not have altered his decision on a rehearing. Day v. Jessidea and Others (18 Dec'85). The applt. (who is Com. of Tax.) charged the respdts. before the Mag. of the Mahaica District for that they, not being licensees or grantees under ord. 9, '73, did on 5 Nov.' 85, remove certain rice from the Crown Exi isi:— Ciiow.v Lwi>s. 181 lands situated in that distrust, contrary to s. 32 of the peale I. The facts were established, but the Mag. held thai the defta. could not be prosecuted under s. 32 of the Crown Lands Ordinance, and d d the information, Btating that he considered the by the decision in v. King, 9 M -ju- dication affirmed. (Chalmers, C. J.) Haly v. Hopkins (3 Nov.' 77 . This was an application to review the proceedings on a claim bytl pealed respt., i" certain timber and a punt seized in New Am. by thi eguWpro- (Com.) on the ground that the timh r ha ' bei a cul on ungranted < Irown ,\, : ■ land. The respt. claimed the timber as cut on Phi. A. of which he was mentaryew- owner, and the Mag. sustained the claim and directed the timl ucc - delivered to the claimant. Tho Com. produced in Ct. Downer's Map of Berbice, dated '11. which Bhews a space of Crown land in forest between Pin. A. and 0. of which last plantation claimant is also owner. An older chart by Bouchenroeder of Berbice and Surinam, dated 1802, was also produced, ami that shews no space between Plantations A. and 0. The M ig. in giving liis decision states, that on leaving Ct. he went to the Reg.'s Office and examined the original chart from which ; : E A. was given. From this he perceived thai the northern boundary of l'ln. A. is <)., no vacant land whatever lying between the lots. The Mag. proceeds ty that applicant's principal witness appears to have been misled by a copy of Downer's .Map which ah< ws a space of Crown Ian i A. and < K which is an error, as by the original chart < ). abuts on A . 1 ruder those circumstances, he confirmed the claim, and directed the timber to be delivered to the claim appeared in this Ct. and admitted that the timbi r had been delivi red to him, hut that he had not received the punt. It would seem that the claimant is, or claims to be, in pos- Bession of the land on which the timber was cut, but it does not appear how long he may have been in Buch possession. The Com. has asked for review on the grounds (1 that I - died original char! from which the grant of A. was given in the first instance is of itself no evidence, and can onlj become evidence when prop I in the ordinary way ; (2) that it was not competent for the Mag. to loot at, take mt > consideration, or adjudicate upon documents or facts which were not produced or stated and proved in open Ct. by sworn testi- mony; and (3) thai the Mag. has acted illegally, inasmuch as on the i of the decision it is based upon documentary evidence not produced and proved in Ct., and which he, the applt., had no opportunity therefore of rebutting or commenting upon. 1 am of opinion thai the Mag. should not havedecided on evidence no! regularly brought before him, and I rctVr the proceedings hack to the Mag. to di oide on e\ Ldence duly taken in Ct. with liberty to the parties to produce any further evidence. Sffi C. J.) Ord. 18/87. Any claim made under litis ord. shall be proceeded with s 32 .vajuuica- bofoiv the Mag. at Borne time to be fixed by him, and Buch Mag. shall adjudicate upon the Bame, and. it condemned, the On condemn. article shall be Bold publicly by, or by the order of, the Mag., g^advtd.and after advt. Eor l successive Sats. of the day of sale in the 0. G. Provd. that the Gov. may, by general regn. or special B wrv< rricc, order, direel that an upset price shall be fixed, and if at any 182 Magisterial Lav. Ord. 18, '87. if not reached, Crown to buy. sale, where the upset price is fixed, a sum equal thereto or larger be not offered for any of the articles so exposed to sale, the same shall become the property of H. M. s33 Att.-Gen. "Where any article is seized, the Atty.-Gen. may authorise sc£ure e orfde- the release of such article on sufficient security being given posit of value to to pay the value thereof, if such article be condemned : and thereupon the procdgs. shall continue in all respects [as] if such article had not been released, except that, on final sen- tence of condemnon., the amount so secured shall become payable, and may be recovered at the instance of the Atty.- Gren. by parate exon. [See s. 45, when there is an applon. for review.] If on the trial of any claim in respect of any detention or seizure made under this ord., the decision shall be in favour of the claimant, and the St. Mag., in case of there being no review, or the Judge or Ct., in case of there being a review, shall certify on the record that there was a probable cause of detention or seizure, the claimant shall not be entitled to any costs : — nor shall any suit, action, indict, or other prosecution, in respect of such detention or seizure, be thereafter com- menced or further carried on against the person who made such detention or seizure. "Where any suit, action, indictment or other prosecon. against any rjerson in respect of any detention or seizure made under this ord., is brought to trial, and judgment or sentence is given against the deft., and the judge or Ct. before whom such trial takes place certifies on the record that there was a probable cause of detention or seizure, the pit. in any such suit or action, besides the articles detained or seized, or the value thereof, shall not be entitled to more than 4c. damages, or to any costs of suit, and the deft, in any such indict, or prosecon. shall not be liable to any punishment beyond a fine of 24c. If any officer authd. by this ord. to seize any article shall make any collusive seizure : — or deliver up : — or make any agree- ment to deliver up, or not to seize any article liable to forfeiture : — or shall take any bribe, gratuity, recompense, or reward for neylect, or non-performance of his duty : — Fine on such officer or other person, for every such offence, §500 : and incapacity of serving H. M. in any office in the Colony. s 34 On certe. of probable cause, no costs to claimant, nor action, &c. against party seizing, &c. on action, &c. agst. party seizing, &c, and certe. of. &c, damages, and costs (nominal). s 35 Collusive seizures, &c. Bribinj &c. officer, Every person who shall yive or offer, or procure to be given or offered, any bribe, recompense, or reward to : — or shall make any collusive agreement with : — any such officer : — to induce him, to in any way neylect his duty, or to do, conceal or Excise — Crown Lands. 183 Ord. 18, '87. connive at any act whereby any of the protons, of this ord. may be evaded : — Fine §500. Any person who : — (a) Unharfidli/ removes, or attempts to remove, am/ thing s 36 illegal re- ./•,,.,, ,,. .it, ' i moral of at or detained by any officer autna. to make any seizure ; — (b) Wilfully defaces, or removes, any notice affixed by any wilfully de- such officer under the provisions of this ord. : — u ° e8, shall be guilty of a misdr. Fine not exedg. §100, or impr. with or without h. 1. nol months; or both : — and if the person convicted be B ^wood cutting or occupancy;, forf< iture of license. Subject to s. 38, the proceeds of any seizure and forfeiture s 37 Appro- of articles under this ord., a iter payment of all expense all fines and penalties levied under this ord., shall be paid to the Col. Eec. Gen. In cases of forfeiture the balance realized by the sale of the Deduction of articles seized, after payment ol all expenses, shall Ijc deemed ' a q the amount of the forfeiture, and such balance shall be appropriated as provided by ord. 5, '72 (Customs). It shall be lawful for the Gov., with or without the advice s38 Govr.'e and consent of the Ct. of P., to order any article seized or g^&? mi * igfr forfeited under or by virtue of the provisions of this ord. to be restored in such manner and on such terms and conditions as he may think fit to direct, and also to remit or mitigat any fine, penalty, or forfeiture incurred under this ord.; and every fine, penalty, or forfeiture so mitigated, shall be appro- priated and divided in accordance with the terms of any such order. Every police officer or constable may arresl [see s. 40] any s - 39 Arrest. person wilfully trespassing on [s. 23], or unlawfully occupy- ing any of the Crown lands or forests, or who illegally tal. therefrom [s. 24] any substance or thing. In every case under tins ord. where a righi of arrest is b40 Summons • , ,, -i i n T II ' l< 111 ll' 11 Ol given, it shall be lawful to proceed by way of summons instead of arrest at the discretion of the complainant or officer. Any officer of the Govt. Land Dept., and any com. of tax., s 41 Right of may by himself, or with such servants and assistants as he '"""' may desire, enter on tiny Crown land held under any -rant which has been issued subject to any conditions, or held under any license, and may inspect (he same. Nothing herein contained shall extend to abridge or affect b42 -mnsas the prerogative of tho Crown in relation to the Crown lands ,,,r " NU1 - and forests of the colony. In the event of the legislature of the colony at anytime Indefaulfrof 184 Magisterial Lav. Ord. 18,'87. civil list, oriL to lapse. s 43 Saving as to Indians. hereafter failing to grant a civil list to and to the satisfaction of H. M., it shall be lawful for the Gov., in the name and on behalf of II. M., to issue such regns. with respect to the Crown lands and forests, and to charge such fees and sums of money for grants and licenses thereof, and otherwise, as he may think fit, anything in this ord. contd. to the contrary notwithstanding. Nothing herein contd. shall be construed to prejudice, alter or affect, any right or privilege heretofore legally pos- sessed, exercised, or enjoyed by any aboriginal Indian in this colony : provided always that it shall be lawful for the Gov. from time to time by publication in the 0. G. to make such regns. as to him shall seem meet, defining the privileges and rights to be enjoyed by any such aborl. Indian, in relation to the Crown lands, forests, rivers and creeks of the colony, and in like manner to cancel, alter, and amend any such regns. Provided further that until cancelled, altered, or amended the regns. made by the Govt., and published as aforesaid on 12 Sept."71, shall be held to be the regns. defining the privileges and rights of the aborl. Indians. Gov. Notice, O.G. 13 Sept. '71. Timber. Troolies, &e. Charcoal. Stone, &c. (ex- cept minerals,) . Timber, &c, not to be sold. Regulations under ord. 12,71 defining the privi- leges henceforth to be enjoyed by the aboriginal Indians of this colony in rela- tion to the rivers, creeks, crown lands and forests of the colony. 1. All such aboriginal Indians shall be at liberty to cut on any land of the Crown and not licensed or granted to, and not in the lawful occupation of any person, timber to be used by them, or to be disposed of by them in the shape of squared timber, under the restrictions hereinafter set forth, and of a size which will square not more than 12 in. 2. They shall be at liberty to cut or gather on any such land of the Crown as aforesaid, any troolies, palm, or other leaves, and to make any shingles from trees of whatever size, growing on any such land of the Crown, and to burn any char- coal on, and to dig, remove and carry away any soil, rock, stone, sand, or other substance or thing, except minerals, from any such land of the Crown. 3. Provided that they shall not be at liberty to dispose of any timber or shingles to any person engaged, or to any person employed by any one engaged in the business of woodcutting ; and any timber or shingles that may have been "cut or made by any aboriginal Indian, and that shall be found in the possession of any person engaged, or any person em- :: — CeOWN LAKDS. 185 Gov. Notice, ployed by any one engaged, in the business of woodcutting, 12 Sep. '71. shall be liable to seizure, and, if seized, shall be forfeited in tlie same way as if Buch person had cul or made such timbi t or shingles on Lands of the Crown nol licensed or granted to, and not in the lawful occupation of, any person. •1. Provided further, thai if ardenl spirits or intoxicating Spirit*, && drink of any description shall be given by any pi rson to any aboriginal Indian, in full or part for any article or articles whatever, mentioned or referr< il to in th< se regulations, dis- '1 of by Buch Indian, such article or article-, and all articles -whatever mentioned or referred to in these regu- lations disposed of at the same time, shall be liable to seizure in the possession of such person, and if Mixed shall be for- feited in the same way as if .such person had cut, gathered, made, burnt, or dug, or had removed or carried away such article or articles on or from lands of the Crown not licensed or granted to, and not in the lawful occupation of, any 0rd 18 - 87 person. J L Nothing' herein contained shall extend or apply to pins, s 44 Saving as in cultivation, the proprietors whereof may become entitled '"' to second or other depths, under and by virtue of the regula- tions of their late High Mightinesses, the States of Holland, dated 24 July, L 792 [which will be found at p. 20 of tho Laws of British Guiana, by L. M'Dermottl. All proceedings under this ord. shall be conducted as near as s 45 summary may be accg. to tho form of procedure provd. by the Summary !';', "','.'«"." ' Jurisdn. Ord.; and in case of review, no article seized under tins ord. shall bo redelivered to the claimant except by order of the Ct. of Review. [See s. 33.] Fees as in Sched. II. [p. 18G] — or as may be fixed by tho s46 Fccs - Gov. and Ct. of 1'.— to be charged by the Govt. Lands Dept. The Atty.-Gen. may direct what forms shall be used in any s 47 r«rms. proedgs. under this ord., and such forms, when sanctioned bv the Gov. and Ct. of P., and published in the 0. G., may be used for and in respect of the Beveral matters therein mentd. Every Mag. or officer, or person acting under this ord.. shall s48 0ni.3i - 5o. be entitled to the benefit of ord. 31, '50. (Introduction.) Ord. 9, '73, and ord. 16, '85,* are hereby repealed, except b49 Repeal. as to anything done thereunder, and except so far as may bo necessary for continuing anyproedg. heretofore taken or to bo taken, and except as to iho recovery of any penalty for any • This ord. was passed to define "wood" and ' ' other aubstai thing-," and to enable a police or rural constable to arrest any person who might offend againsl ord. 9, '73. 186 Magisterial Law. Ord. 18/87. Sehed. II. Except under Regns. D. and E. (12). Fees for D. and E. (12). Generally. offence or forfeiture incurred before this ord. comes into operon. ; and all bonds taken or licenses granted under the said ords. shall nevertheless be as valid and effectual as if the said ords. were not repealed. S. 50, ord. to take effect on publication. Fees to be paid. I. To the Crown surveyor on account of the Govt. For report on any applon. for a grant or license, or for a transfer or removal of the same, to be paid on the petition being lodged $12.00 For making out and recording any grant or license, or transfer or removal of a license, to be paid previous to the preparon. of the instrument .... 24.00 The two preceding fees shall not apply to cases where the applon. is for a license to occupy Crown land for the purposes of cultivating rice or col- lecting gums or fruit : — In these cases the fee for the report shall be. . 1.00 ,, ,, license ,, . . 1.00 On exhibiting for inspection the record of any grant or license i 0.48 On giving off. copy of any grant or license, in- cluding copy of diagram 5.00 On making any survey, including duplicate dia- gram, at the rate per acre surveyed (exclusive of distance money) 0.10 On making any survey of a strip of Crown land for canal or other purposes, including diagram and duplicate, and any preliminary survey required, at the rate per rood in length surveyed (exclusive of distance money) 0.25 II. To the Crown or assist. -do., or Govt. Surveyor executing the survey. Distance money to be allowed in addition at, and after the same rates and regns. as are enacted with respect to the depts. of the Reg. and Marshal by ord. : provd. that where any portion of the journey is performed by a steamer, only the actual outlay to be charged as regards such portion ; and that where several surveys are made in the same locality at the same period, only one charge for distance money to be made, and the amount to be apportioned equally between the parties. Excise — Rum. 187 230 Excise— Rum. Ord. 4,'77. Ord. 14, '■')■'>, is not affected by ord. 4, '77, s. 13, which prohibit removal of rum in quantities over one quart (7, '80, s. 2). See " Spiritu- ous Liquors." By s. .5 of 4, '77 (post, "Spir. Liq."), books for entering' rum received Books. or brought bop are to be kept. Neglecting to make th< 8firy entries on the same day as tin- ri ci Lp1 is an offence ; as also n rusal to produce the book a. 6 : preventing inspection ; preventing ascertain- ment of quantity and strength of (rum) in Bhop; molesting, iVc. com. when so ascertaining. As to offences will i regard to selling rum without occasional license and the unwholesomeness of rum, see 4, '77, ss. 15, 16; "Spir. Liq.," 233 No rum. exceeding in quantity one [half of one gal.*] shall si3 Removal ho removed without a permit accompanying tho same, given n im n \vithout and signed by a Com. of Tax., or other person authorised by permit any law now or hereafter to be in force to grant permits for tho removal of rum; and Every person concerned in the removal of any nun excdg. in an offence. quantity one [half of one gal.*] without such permit accompany- ing the same, shall be guilty of an offence : — Fine §50, and the rum so removed, together with the packages con- taining the same, and every cart, vessel, or other conveyance, and every animal, employed in removing - the same, shall be forfeited. The provision of this s. shall in no way repeal the provons. of ord. 14, '55. Every Com. of Tax., every officer of customs, every mem- s 14 in cases of ber of the police force, and every constable, who shall have So cause to suspect that any person is carrying or removing any one quart rum. rum, exceeding in quantity one [half of one gal.*], may stop, detain and examine such person, and may examine every package, cart, vessel, or conveyance under the control of such person, and may examine every cart, vessel, or conveyance, on or in which such person shall be ; and If any Com. of Tax., officer of customs, member of the police force, or constable shall ascertain that any person is carrying or removing any rum, or is concerned in the carrying or removing of any rum exceeding in quantity our j half of one gal.*], without having obtained a permit for such removal * Quart— ord. 7, '80, s. 2. See note, p. 191. Ord. 4,'77. 188 MAGISTERIAL LAW. given and signed by a Com. of Tax., or other officer authorised by law to grant permits for the removal of rum, such Com. of Tax., officer of customs, member of the pohce force, or con- stable, may seize such rum, with the package containing the same, and may seize the cart, vessel, conveyance, and all animals employed in removing the same, and may arrest the person carrying or removing such rum, or concerned in the carrying or removing of such rum, and detain such person until he can be brought before a Sp. J. P. \_sic], and dealt with according to law. [Note. — Sp. J. P. is probably a misprint f or St. J. P., see s. 15, p. 200.] 235 Dos Santos v. Turner (16 June'77). Ord. 14, '55, s. 32. Charge — illegal possession of a puncheon of rum. Fine $48, and $55 (being $1 per gallon), and costs 72 c. — in default of immediate payment, distress — in default of sufficient distress, impr. 1 month. Reasons — (a) not guilty of the charge : (J) insufficient evidence to "war- rant conviction : (c) mere fact that the rum in question was found within 90 or 100 ft. of the residence of the appt. was not sufficient to prove un- lawful possession : (d) no proof at the hearing that the appt. had any- thing to do with the placing of the hogshead on the unenclosed land adjoining his premises : (e) not proved at the hearing that the appt. had any knowledge, guilty or otherwise, that the rum found was on land ad- joining his premises : (/) conviction bad. [Ed. was unable to obtain the decision on this case.] Gonsalves v. Layton (16 Sept. '82). On charge of Charge — of possessing rum of a strength below the legal standard, rum below legal and the question was whether, under the statute on which he had been standard. charged and convicted, he was entitled to the benefit of a provision in Eumwasguaged another statute for having the rum guaged and tested before it was taken under another awav f r0 m his premises ; and it was held on the construction of the several statutes and with reference to the object of the provision in question, that he was so entitled. Neither of these cases apply to the Weakness of the present. I am much impressed with the weakness of the evidence. The evidence. evidence of the measure having been used (i. c., for purposes of sale) is that it was found in the shop wet with rum. (Chalmers, C. J.) 242 Excise— Spirituous Liquors. Ord. 25,'68, f. 1. Repeal of ords. 15, '50 ; 7, '52 ; 8, '58 ; 15, '63 ; and 6, '67. Ord. 9, '71, repealed ss. 7 and 52 of ord. 25, '6S (besides Forms E. and H.). Ord. 4, '74 repealed so much of ords. 25, '68, and 9, '71, as was incon- sistent with it. Ord. 4, '77, s. 1, repeals s. 8 of 25, '68; whole of 9, '71 and 4, '74. This ord. is not affected by ord. 8, '80. (Excise— taxes.) Excise — Srinrruous Liquoks. IS'.) Ord. 8, '80 (taxes) does not affect ord. 25, '68 As to defns of " Excise Board" ami opium, .see ord. 26, 'bO (opium) retail dealer,'' with regard to Ord. 7,'80. s 2 "Quart" substitute '1 for l."m ord. i,'ll. "The Wine ami Spirit Licenses Ord. (7), '80 "—shall, si Title where not inconsistent therewith, be read as one with ord. 25, '08, and tho .Spirit Licenses Ord. (4), '77, and the said ords. and this ord. may lie cited collectively as "The Win and Spirit Licenses Ords. '68—80." The winds "one quart" shall lie substituted for the words "one half of one gall." wherever the words "one half of one gall." occur in ord. 1, '77 : — And ord. 4, '77 shall be read and shall have the same effect as if tho said words "one quart" were inserted in the said ord. instead of the said words " one half of one gall.," wher- ever the said words " one half of one gall." occur in the said ord. " Quart " = " quart " as defined in s. 3 of ord. 13, '51. See " Weights and Measures." Ord. 7, '80 is not affected by ord. 8, '80 (Excise). Ord. 1, '87 prohibits spirituous or fermented liquors being takea on board II. M.'s ships, post. As to definitions of " wine," " malt liquor," and " spirituous liquors," sees. 8 of 7, '80, post. •• Quart' lined. de- 243 D'Gliveira v. Burrowes (1 March' 79). Ord. 25, 'G8, s. C7. — One quart of rum found on business premi Tinsincss pre- 5th reason. — No offence, as rum alleged to have heen found on and not mis* in the business premises — overruled. JD'Ornellas v. Wells, - R. C. lo8, approved. It was also urged that there was no evidence that the place where the rum was found was a part of the business premises of the deft. The evi- dence (read) does not show the place, where the bottle was found, to ha been any part of the business premises of the deft., unless it could be held to be included in these premises in virtue of the extended meaning given to the term 1ms. prem.) by s. 4 (interpretations). But these words cannot be construed to include any place not iu the occupancy of the deft. It lay on the prosecution, consequently, to give evidence showing affirmatively that the place where the bottle was found was in the ocou- pancy of the deft., or in any event that due inquiry had failed to d any other occupant. This has not been done. There is thus a total failure of evidence on a point material to the conviction, and I am of opinion that on tins --round the conviction must be quash* d. The present case differs Erom D'Ornelltuv. I. acot . 2 11. C. 139, 149, Comma cited in support of the conviction. In that ease a bottle of rum was d'i \. found iu a tomato garden within the boundary of deft.'s premisi larger quantity was also found at a place outside, but it appears to have in respect of the rum found within the premises that the conviction was sustained. 190 Magisterial Law, and D'Ornellas v. Wells. Exclusive right to premises. It differs also from D'Ornellas v. Wells, 2 R. C. 137, where a conviction was upheld in respect of a seizure of rum made on a bridge leading from the public dam to the deft.'s shop. Both the tomato garden and the bridge appear to have been places from which the defts. had the right of excluding any person but those they chose to admit, and these cases thus fell within the reason of decision in the English case, Cross v. Watts, 32 L. J. N. S. (M. C.) p. 73. In the case before me it does not appear that the yard was fenced in any manner continuously with the shop, or so as to be in the same ciutilage : there is no evidence that the deft, had exclu- sive right to the yard, or any right to it at all. A statement in the deft.'s case that there is a spirit shop opposite to the deft.'s provision shop should have suggested to the prosecutor the necessity for inquiry and proof on this point. (Chalmers, C. J.) Crd. 4, '77. S 2 Four kinds of licenses. Liquor store (no rum). Hotel or tavern (no rum). Retail spirit &hop, including rum. Occasional (no rum). 244 S. 7 of ord. 25, '68, was replaced by s. 2 of ord. 9, '71. The s. is further amended by s. 2 of ord. 4, '77, as follows: — ■ There shall be 4 kinds of licenses authorising the sale of spirituous liquors : — (1) The first shall be called a liquor store license, and shall authorise the sale of all spirituous liquors (except rum) in quantities of not less than 2 galls. : — (2) The second shall be called an hotel or tavern license, and shall authorise the sale of wine, malt liquor, and all spirituous liquors (except rum) to be drunk on the premises : — (3) The third shall be called a retail spirit shop license, and shall authorise the sale, in the shop for which the license shall be granted, of wine, malt liquor, and all spirituous liquors (except rum) in any quantities: — and whether to be drunk on the premises or not, and shall authorise the sale of rum, in the shop for which the license is granted, in quantities not exceed- ing one [half of one gal.*] at any one time, to any one pur- chaser, or on the order of any one person : — (4) And the fourth shall be called an occasional license, for the sale of spirituous liquors, and shall authorise the sale of wine, malt liquors, and all spirituous liquors (except rum), during such day, or such portion of such day, as shall be specified in the license, at the place, or at the public enter- tainment, mentioned in the license. Under former ords. no special license was required for selling wine and malt liquor, not to be drunk on the premises; but see now s. 3 of ord. 7, '80, post. [The nos. (1), (2), (3), and (4) are used for facility of reference only. — Ed.] * Quart.— Ord. 7, '80, s. 2 : for definition of s. 3 — " Weights and Measures."' quart," see ord. 13, '51, Excise — Spirituous Liquors. 191 Ord. 25, '68. S. 8 is repealed by ord. 4, '77. [For decisions under repd. s. 8, previous to '77. ' 1 Laws, '77."— Ed.] 248 Dos Santos v. Layton (2 Decr.'82). Ord. 25, 'GS, b. 9.— Proceedings nullified by the absence of the " fiat," required by s. 74. Ord. 4. '77. Every person who shall sell or offer for sale, or shall barter, s 3 selling exchange, or otherwise dispose of, any rum (except by whole- sale, or in some retail spirit shop for which he, or some person by whom he is employed, shall have a license) : — Penalty §50— §500. Every person who shall sell, or offer for sale, or shall barter, spirituous exchange, or otherwise dispose of any other spirituous liquor u, i uur3 - {except by wholesale : — or in some retail spirit shop, or some liquor store, or some hotel or tavern for which he, or some person by whom he is employed, shall have a license : — or during the period and at the place for which he, or some person by whom he is employed, shall have an occasional license for the sale of spirituous liquors) : — Penalty J20 $200. Provided thai not more than one charge shall be brought against any One charge per person in respect of offences against this s. committed on any one day. diem only. Anson v. Wong-a-hy (29 July'82). Charge. — Selling rum contrary to 8. 3 of 4, '77. «* Evidence was given substantiating the farts of the offence, but the g»at there to no Slag, dismissed the case on the ground that there was no proof of deft, not having a retail license. But the onus probandi thai there was no license did not lie on the prosecution (remitted to Mag). (Chalmers, C. J.) Except as hereinafter provided, it shall not he lawful for a 4 license the holder of a retail spirit shop license [No. 3] to sell, deliver, ^ : y^ eted or dispose of, more than one [half of one gallon*] of rum, to any one person, or on the order of any one person, at any one time, — and Every holder of a retail spirit shop license [No. 3] who shall by himself, his servant, or agent, sell, deliver, or dispose of, more than one [half of one gallon*] of rum, to any one * Quart— Ord. 7, '80, s. 2 : for definition of "quart," Bee ord. 13, '51, s. 3 — "Weights and Measure-.'" 192 Magisterial Law. Ord. 4,77. Unless by special authority. person, or on the order of any one person, at any one time, — and Every holder of a retail spirit shop license [No. 3] in whose shop more than one [half of one gallon*] of rum shall be sold, delivered, or disposed of, to any one person, or on the order of any one person, at any one time, shall be guilty of an offence : — Fine: first conviction, $100— §500; second conviction, ditto, and in addition offender liable to have the license held by him suspended for any- period not exceeding one month ; and on a third or any subsequent con- viction, to a like penalty, and in addition to have his license forfeited. Provided always, that it shall be lawful for the holder of a retail spirit shop license [No. 3] to sell, deliver, or dispose of, more than one [half of one gallon *] of rum to any one per- son, if such holder shall, previously to such sale or delivery, have obtained a special authority (Form A., Sched.) from a Com. of T., and signed by such Com., authorizing such holder to sell such larger quantity to the particular person named therein. Ord. 4,'77, s. 4 : 7,'80, s. 2. Decisions of cases heard at New Am. cannot he given else- where. Mag. is a jury. Cases on the New Ords.— 4, 77 and 7, '80. Gonsalves v. Fraser (21 June'82). The appellant was convicted on the 28 Feb.'82, for that on 4 Feb.'S2, more than one quart, to wit, three quarts, of rum were sold to one person at one time in the retail spirit shop, of which he was the holder of a retail spirit shop license, contrary to s. 4 of 4, '77 and s. 2 of 7, '80, and fined $100. The applt. applied for a review of that sentence, and the case was heard before me at New Am. on the 9 May. I reserved decision, and as there is no provision in the ord. enabling a Judge to pronounce sentence elsewhere in a case heard in New Am., I have not had an opportunity of giving judgment until now. The reasons of review, which were not drawn up by a professional person, are verbose and faulty, as may be expected under such circum- stances. The only reasons to which any importance can be attached are in effect that one of the witnesses, B., had been convicted and fined by the Mag. for the illegal removal of the same rum, and that therefore his evidence ought not to have had greater weight than that of other wit- nesses who were examined for the defence. It has been repeatedly laid down by this Court, following the decisions of Judges elsewhere, that in a conflict of evidence it is for the Mag., who has an opportunity of hear- in 0- the witnesses and seeing their demeanour, to say to which side he will give credence, and it is not for a Court of appeal to question his decision on that point, so long as the evidence is sufficient to establish the charge. The case under review is essentially one of evidence ; the words of s. 4 of 4, '77 are plain and explicit (section cited). The only difference * Quart— Ord. 7, '80, s. 2 : for definition of " quart," see Ord. 13, '51, s. 3 — "Weights and Measures." Excise — Spirituous Liquors. 193 between b. 2 of 7, 'so, and s. l of the previous ordinance is, dial ti latter restricts the quantity that may be Bold at one time to any oi ■"•'-'■ person to one quart. The only question, therefore, thai the Mag. ha I to decide was whether the sale ox nun on tin- l Feb. '82, was Bale of more than one quarl to one person at one time. B. swore : "1 boughl three flasks of rum the deft.'s son sold them Review ol to me. I took tin- empty flasks to the shop at one time. The deft. was in the shop. The deft.'s son took the money. 1 bought two flasks first, and paid Beven bits and a-half each. 1 pui the two flasks in a bag and carried tin in nut of the shop." B.'s buy, S., who was nol examined on oath on account of his age, confirmed B.'s evidence in every par- ticular, and said that, " he did nut take any money." The firsi witni ss for the defence, deft.'s son, swore thai B. and the boy came in together ; B. called for a quarl of rum and paid for it, then the boy called for a quarl of rum and paid for it, and went away. Another witness deposed to the coolie man and boy coming in, and buying each a flask of rum, and going out . Another w Ltness again deposed that " the man and boy came in together." Putting aside any question of the purchase of the third flask of rum mentioned in the evidence, it is impossible to doula that the two first-named flasks were sold at one time, and to B., and An off once under looking to the fact of the man and boy going- into the shop together, and theorda. to the age of the boy, it is impossible to doubt thai the shopman was aware of the sale being in contravention of the ord. The Mag. s decision is confirmed with costs. (Chalmers, C. J.) King v. Gomes (7 Oct.'82). Charge — selling- '_' quarts of rum to one person at one time. Fine §10. Mag. cannot im- The application for review was made on the ground that it was not com- pc petent for the Mag. to impose a penalty of ftlO, the Lowes! penalty j. 1 ;; imposed by s. 4 of 4, '77, under which the conviction was made, being $100. There is no doubt in law that a Mag. can only impose a penalty in terms of the statute: here it is discretionary within the limits of §100 — §500, but the Mag. has no authority to go below the minimum. Ad- judication re-called, and matter remitted to the Mag. with the opinion of the Court. (Charmers, C. J.) Pequeno v. Younger (20 Nov.'80). Appelt. was charged, " For that ou the 2o Sept. '80, at, &c, more than Ord. t,'77, s. 4 ; one quart of rum was sold to one person at one time, in the retail spirit ao, any o 2 196 Magisterial Law. Ord. 4,'77. Preventing in- spection of books. Obstructing' Com. in execu- tion of his dutv. Ord. 7, '80. s 3 Sale of wine or malt liquor illegal. Exceptions. (1) Above 30 galls, wholesale. (2) In licensed retail spirit shop by licensee. (3) In licensed hotel or tavern by licensee, his servant or agent, for consumption on the premises. (4) In a licensed liquor store by licensee, his servant or agent, for consumption off the premises, and not less than 2 imp. galls. (5) In licensed shop, store-room, or yard, by licensee, his servant or agent, book required to be kept by such holder in the shop for which the license is granted ' : — Or, who shall prevent any Com. of Tax. inspecting any of such books : — Or, who shall molest, or obstruct, any Com. of Tax. tvhen in- specting such books : — Or, who shall prevent any Com. of Tax. ascertaining the quantity and strength of all liquor in such shop : — Or, who shall molest, or hinder any Com. of Tax. tvhen as- certaining such quantity or strength : — Shall be guilty of an offence : — Fine : §20— §50. Save as hereinafter excepted, Every person who sells, or exposes, or offers for sale, or barters, or otherwise disposes of for money or reward, any wine or malt liquor, shall be guilty of an offence : — Fine: §10— $50. The following are the exceptions : — In the excepted cases following, wine or malt liquor may be lawfully sold, exposed, or offered for sale, bartered, or dis- posed of for money or reward (that is to say) : — (1) Where it is sold, offered for sale, bartered, or disposed of for money or reward by wholesale, and in quantities exedg. 30 imperial galls, at one time to one person, firm or corpora- tion. (2) "Where it is sold, exposed, or offered for sale, bartered, or disposed of for money or reward in a licensed retail spirit shop, by the person who holds the license for such shop, or by some person or agent employed by such person. (3) "Where it is sold, exposed, or offered for sale, bartered, or disposed of for money or reward in a licensed hotel or tavern to be consumed on the premises, and is so sold, ex- posed, or offered for sale, bartered or disposed of for money or reward by the person holding the license for such hotel or tavern, or by some servant or agent employ ed by such person and is consumed on the premises. (4) "Where it is sold, exposed, or offered for sale, bartered, or disposed of for money or reward in a licensed liquor store, by the person holding the license for such liquor store, or by some servant or agent employed by such person in quantities of not less than 2 imperial galls, to be drunk off the premises. (5) "Where it is sold, exposed, or offered for sale, bartered or disposed of for money or reward, in a shop, store-room or yard, for which the person so selling, exposing, or offering for sale, bartering or disposing of for money or reward, holds Excise — Spntrruous Liquors. 197 Ord. 7/80. a license authorising him there to sell wine and malt liquor, and is sold, exposed, or offered for sale, bartered or disposed Srthe ? of for money or reward, by such person, or by a bi rvanl or agent employed by Buch person to be drunk off the premie and is not consumed on the premises. [As to further exemption on the ground thai the g i wn use only. Bee 8. 5.] ramptum.] Any Com. of Tax., and any person authorised by him in b4 Whoi writing Eor each particular case, may enter any store, Bhop or business premises whatever, and may search for wine and malt Liquor. The occupier of any store, shop, or business premises what- s5 Wine, ever [other than a licensed retail spirit shop, or licensed \, Liquor store, a Licensed hotel or tavern, era Btore, shop, room, exemptedby or yard, for which the occupier holds a License to sell wine and malt Liquor therein), in which is found any wine or malt liquor, shall be guilty of an offence: — [As to exemption of samples not exedg. 1 quart each on premises of wholesale dealers, see s. 7. A- to definition of -wine and malt liquor, see s. 3.] Fine, §10 — §50 [and forfeiture of goods seized, subject to next para- graph]. All the wine and malt liquor whatever so found, and the To I packages containing the same, shall be seized by the Com. of Tax. or other authorised person making the search, and re- moved to a safe place of custody elsewhere, ami shall there be detained until adjudication of the charge to be brought against Buch occupier as hereinafter provided : — If such charge is decided against the defendant, the wine and malt liquors so detained and the packages shall ipso facto, and without any condemnation whatever, be forfeited. It' the charge is decided in favour of the deft., such wine and malt liquors and packages shall be restored to him by the ( lorn, of Tax. Provided always, that if the person charged satisfies the St. or Sp. .1. P. before whom the charge i> investigated, that ['"'', "; l 1 ", 1 i ' wn the whole of the wine or malt liquor found on the premisi was then kept for the exclusive use of th cupier or his servants or agents working or residing on the pr< \nd not fur the purpose of being disposed of for money or reward, the '"be J. P. shall dismiss the charge, and order tie' restoration of tie wine and malt LiquOT so sei/i d. The onus of proving that the wine and malt liquor so found was kepi for the purposes aforesaid shall be on the person fendant, charged, and the person charged may tender himself and bi examined as a witness on his own behalf. 198 Magisterial Law. Ord. 7, '80. Occupying: member of firm chargeable as occupier. s6 Charge to be made -within 1 month of seizure ; or party can obtain restora- tion order. s 7 "Wholesale dealer allowed to keep samples not exedg. 1 quart. s 8 Definition of " wine," " malt liquor," " spirituous liquors." For the purposes of this s. any member of a firm occupying a shop, store, or other business premises, may be proceeded against as occupier. Every charge under tho last preceding s. of this ord. shall be brought within one month from the seizure of the wine or malt liquors to which such charge relates : — In default of its being so brought, the occupier of the pre- mises in which such wine or malt liquors shall have been seized, shall be entitled, on application to any St. or Sp. J. P., to an order from him on the Com. of Tax., who has removed such wine or malt liquors, to re-deliver the same, and the packages containing it, to such occupier. Any person dealing in wine or malt liquors by wholesale may keep in any store, shop, or business premises occupied by him, a sample not to exceed one quart of each quality of wine or malt liquors in which he deals, without being guilty of an offence under s. 5 of this ord. No liquor containing more than 35 p. c. of proof spirit, as verified by Sykes' Hydrometer, shall be deemed "wine'' :— No liquor containing more than 20 p. c. of proof spirit, as verified by Sykes' Hydrometer, shall be deemed "malt liquor." All liquor containing more than 35 p. c. of proof spirit (verified as aforesaid) : — And all liquor, other than wine, containing more than 20 p. c. of proof spirit (verified as aforesaid) : — Shall be deemed " spirituous liquors." Ord. 25,'68. ss. 21—31. Ord. 4,'77. S 7 Retail spirit shop license — the application ; the bond. Saving clause. The license. 249 Excise Board, in ord. 26, '80 (opium), means the Excise Board under this ord. See now form E. (applications), ord. 4, '77, s. 7. The application for a retail spirit shop license [No. 3] may be in the form E. (Sched.). The bond required to be executed by the applicant for a retail spirit shop license [No. 3], and his sureties, may be in the form E. (Sched.), or as near thereto as the circumstances of the case will admit : — Provided always, that nothing herein contained shall in- validate any bond heretofore given by any applicant for such license and his sureties, and all such bonds shall remain in full force and effect. The license for a retail spirit shop may be in form H. (Sched.). Excise — SpniiTUOUfi Liqtjobb. 199 Ord. 4,'77. Every Com. of Tax. may issue an occasional license (4) for "~"~ ~~ " the sale of spirituous liquors ezcepl rum , but every such u license shall specify the place at which the person obtaining .such license is to be authorised to sell wine and mall liqu ami all spirituous Liquors except rum), and the dayon which, or the portion of the day during which, such person is to be bo authorisi d. Every holder of a retail spirit shop license [No. 31 or his s9 ■ i • i • ii i . i i hi L i e .»- on paying duty. agent, before being allowed to pay duty ai the rate of 25c. \ er gall, on any rum, shall be required to till in, according to the lads, a declaration relating to the same (form N. Sched.), and to sign the same. All nun, brandy, and other spirituous liquors in any bIO Whole- licensed retail spirit shop, or in any part of the premises or K outbuildings of or connected with the same, shall be of good wholesome quality, and all rum shall bo of a strength not strength; b< Low 20 per cent, under proof, as ascertained by Si/kef Hydrorm ter ; and If any such rum, brandy, or spirituous liquors shall not be offences against; of a good wholesome quality ; Or, if any such rum shall be of a strength below 20 per cent. under proof as aforesaid : — The same, and the package containing the same, may be forfeiture of seized by any Com. of Tax., and shall be forfeited : — goods; And the holder of the House for the retail spirit shop [No. 3], Fm0 - in or near which (he same .shall be found, shall bo guilty of an offence : — Fine not exedg-. On. [Sb. 9 and L0 apply, mutatis mutandis, to licenses, ords. 'Gl — 'So. See ord. 5, 'So, a. 7, "Taxes."] 254 No goods, wares, or merchandise whatever [except liquors of f 11 ;. 1 ;.' : nI • every description used for drink, and empty packages which large to* shall have contained such Liquors . shall be dealt in, sol ' aX bartered, exchanged, Or of her/rise disposed of, directly Or in- directly, in or from any Housed retail spirit shop [No. 3] in (jr. or New A. : — Or by the holder of the House for such simp, in or from any adjoining house or premises: — Fine on lioense-holder on breach, §10 — $50. A license may, however, bo granted to any person other thau tho holder of a retail spirit shop license No. 3 | to Keep any shop other than a retail spirit shop, in such adjoining 200 Magisterial Law. Ord. 4,'77. Internal com- munication. Opium. Smuggling s. 12 Power of entry by police. Refusing admittance. Molesting. Search for thieves. Intruders — non- business hours. s. 15 Production of occasional license [4J. Selling without occasional license. Arrest. house or premises, provided that there shall be no internal communication between the two. If, after the granting of any such license, any such communi- cation shall be made : — Fine on each license holder §10 per diem while cornmirnication open. By s. 3 of 22, '61, no holder of any license to keep a retail spirit shop or liquor store shall be allowed to take out a license to deal on the same premises in opium and bhang by retail. (See "Opium.") See ord. 23, '80 (''opium") as to the unlading, landing or removal, concealing or harbouring, &c, of spirituous liquors, in order to evade payment of duties — punishments cumulative. It shall be lawful for all members of the police force, when and as often as they shall think fit, to enter any licensed retail spirit shop, and into and upon the premises belonging thereto or used therewith ; and Every person who shall refuse to admit any member of the police force into such shop or jiremises : — Or shall molest any member of the police force, xohen in such shop or premises : — Shall be guilty of an offence : — Fine not exedg. §50. For ss. 13 and 14 of 4, '77, see " Bum," p. 187. As to powers of police to enter to search for thieves, reputed thieves, or goods probablv stolen, see s. 14 of ord. 4, '85 (p. 206). As to persons unlawfully on licensed premises at non- business hours, see 5, '85, s. 8 (p. 208). Every person holding an occasional license [4] for the sale of spirituous liquors shall be bound to produce such bcense, whenever required to do so by any Com. of Tax., member of the police force, or constable ; and Every person who shall be found selling, or offering or ex- posing for sale, any spirituous liquor at any place (other than in a duly licensed retail spirit shop, liquor store, hotel, or tavern) ; or, any wine or malt liquor at any place (other than in a duly licensed retail spirit shop, liquor store, hotel, tavern, or shop) : — And who shall not produce an occasional license [4] for the sale of spirituous liquors which shall authorise the sale, or the offering or the exposing for sale, of wine, malt liquor, or spirituous liquors at the time, when, and at the place where, such person shall be so found selling, or offering, or exposing for sale, wine, malt liquor, or spirituous liquor : — May be arrested by any Com. of Tax., member of the police Ex* [8B — Spibituous Liqtjohs. 201 Ord.4,'77. force, or constable, and detained until Buch person can be brought before a St. J. 1'., and dealt with according to law, and the \\ ine, malt liquor, or Bpirituoua liquor so Bold, offered, or exposed for sale, with the packages containing the sunn-, shall be seized and forfeited. If any holder of a retail spirit shop license [No. 3] shall 1m- b. 10 1 convicted of having had any rum, brandy, or other Bpirituou liquors in bis .simp, or in any premises or outbuildings con- 'v nected therewith, not of a good wholesome quality, or of having there bad any rum of a strength below 20 p. c. under proof, as ascertained by Sykes* Hydrometer, be Bhall be bound to sutler any member of the police force to affix, and shall be hound to permit to remain for 14 days affixed, to the said Bhop, in some place where the same shall be conspicuous tu-<> placards, stating the fact of such conviction ; and Every holder of any license [No. 3] to whose -hop any such placards shall be so affixed, shall if any of such placards shall be defaced or destroyed before the expiration of the said 1 1 days : — Fine not exceeding $25 ; and if any such placards shall be defaced or destroyed, new placards may be so affixed, bee p. 25, as to may. "When an order shall he made, under the provisions of slT this ord., suspending any license for a retail spirit shop -. [No. 3], such order (unless an application for a review of tic proceedings shall be previously made by the holder of such license) shall take effect at the expiration of the 10 days next Wl after the day on which the order suspending the same shall a PP a "i be made: — and [seiuble, or] If an application for review shall be previously made, then, in< at the expiration of the 10 days next after the day on which "I'l"-' 1 - the order shall be finally confirmed. It shall not be lawful for the holder of such license | No. 3] BeUinjrai to sell any wine, malt liquor, or Bpirituoua liquor in the simp ,"',']', i"" 1 ' for which the license shall have been granted whilst such license shall he suspended ; and Every person selling any wine, malt liquor, or spirituous liquor in the said shop, whilst such tic/ use shall be suspended, shall be deemed to have sold the same withoul having a licence [No. 3] so to do. and shall become liable to the penalti imposed on every person so acting. (See s. 3 of ord. 4, '77 (p. 191) ; and s. 3 of ord. 7, '80 (p. 19G).) Ord. 25.'f8. Form E. was repealed by ord. 9, '71. See Bched. of ord. I, '77. ss22 23. Form 11. ord. i, '77. b. 7. s o3 t I 'orm 1''.- ditto. s 31. As to form of bonds— il i 1 1 ■> . 202 Magisterial Law. s48. s50- Ord. 4,'85. s. 12 Persona knowingly harbouring thieves ; allowing do. to meet ; allowing deposit of goods (stolen). See s. 3 of ord. 4, '77 (p. 191), as to "bartering," &o. It has been held in England that such a prohibition extends to gaming by the innkeeper himself and bis personal friends in his private rooms in the licensed premises. S. 52 of 25, '08, was repealed by 9, '71, s. 3 (now also repealed). Every person who occupies, or keeps, or manages for another, or holds a license fur any lodging-house, tavern, retail spirit shop or place where intoxicating liquors are sold : — Or any place of public entertainment, or public resort, and : — (a) Knowingly lodges, or harbours thieves, or reputed thieves : — (b) Knowingly permits, or suffers them to meet, or assemble therein: — (c) Knowingly allows the deposit of goods therein, having reasonable cause for believing them to be stolen : — Fine, §24— §100 : in default, impr. with or without h. 1., 1—3 mouths: and, at S. J. P.'s discretion (in addition to or in lieu of fine) recogni- zances, with or without sureties [not exceeding §100— s. 13], for keeping the peace, or being of good behaviour during 12 months: — As to impr. for not finding sureties, see s. 13. s. 13 Brothel- Every nerson who occupies or keeps a brothel, and, &c. [(a), keepers— ditto, J L , . , , ± . n -J-i as ins. 12. (b), (c), and punishment as m s. 12,] : — Provided that : — (1) No person shall be imprisoned for not finding sureties, in pursuance of ss. 12 and 13, for a longer period than three months. (2) The security required from a surety shall not exceed §100. Da Silva v. Layton (26 May'83). Ord. 25,' 68, s. 53. The point here is whether there was evidence that the room into which Room "attached the Com. was endeavouring to enter was within this enactment. It was and belonging." shown by the evidence that the room was in the same building as the rum shop, that it was in the occupation of A. B., one of the joint holders of the license for the rum shop, that shop goods were in the room, that the stairs leading- to the upper story where the room is can only be reached by passing through the shop, and that they lead up from an inclosed gallery which contains goods. This was evidence of the room being " attached and belonging " to the rum shop. There was evidence both of its contiguity to the shop, and of its being in the same occupancy. The finding of the Mag. in this respect was correct. (Chalmers, C. J.) Gomes v. Swain (15 Dec. '83). Ord. 25,'G8, s. 50. It would seem that the provisions of the ord. are more strict than those Evidence as to of the Eng. Act. Evidence of connivance on the part of the holder of connivance of the license or his servants is necessary. (Goldney, J.) licensee. Excise — Si-ikitl'ous Liquobs. 203 255 Gomes v. Swain (22 Sept.'83). Conviction quashed because pin t -. 64, of 25, '68, were not Ord. 25,'68, s. M. complied with. |Goldney, J.) Gonsalves v. Layton (16 Sept. '82). Ord. 1, '77, s. 10. Question was whi ther s. 54 of 25, '68, applied, as to B.64 ig and gauging, to a seizure under ord. 4, '77, s. UK Astheords. "■ 1 " "' '• '•'• are to be const] dure enacted by the earlii r ord. in relation to seizures would apply whenever seizure n d by the later ord., unless there were anj reai ins either in the terms or the prin- ciple of the enactmenl which precluded such application. It was argued for the respt. thai ill'' procedure of b. 54 of 25, '68, bi ing connected with seizures made under s. 53 of thai ord. by the in •* so seized," the procedure applied only in seizures in reaped of offences included in the last-mentioned s. 1 must own thai there is some difficulty in construing the 53rd ana related ss. of this ord. By s. 53, authority is given to a c- tain officers to enter premises where liquors are sol 1 and to demand the ise, and thru, if the license is not immediately produced, the offic place a person in charge of the premiss and report t i the m ;nv-t St. J. P., who is empowered, on considering such report, and apparently ex parte, to make order, if he thinks G - ing the liquor contained in such premises. The succeeding ss., from 53 63 inclusive, all relate to the procedure on claims contesting the validity of such seizures, and the mode of adjudicating thereon. No offence is created by s. 53, or Lfically referred to in it, nor do I perceive thai any antecedent s. of th( ord. pr ribes Eorfeitureof liquor as a penalty for any offence. By b. 67, the possession of rum or other spirituous liquors iu unlicensed business premises is made punishable by forfeiture of the liquor, as well as by a fine, the forfeiture accruing, however, upon the fine being im- posed without any further adjudication. Reading S. 10 of 4, '77, as if a part of 25, '68, it does not appear that there is any grammatical or struc- tural difficulty in incorporating its provisions along with those in favour of the accused person contained in s. -31 of 25, '68. The principle of a. 54 seems all in favour of such incorporation. It enables evidi ace of a neutral quality to be obtained, being neither thai of the seizing officer nor of the person interested in contesting the seizure, respecting the nature, quality and strength of the liquor seized, be/on it is removed from the premises where it is found. Evidence thus obtained before the re- moval of the liquor is peculiarly applicable with relation to the offence under-. 10 of 1, '77, inasmuch as it is peculiarly important for arriving a1 a correct adjudication. The question in every such case is whether the liquo] .'< ton was of certain quality and strength. The differeni E a mere fraction of a degree in stri ngth would make the dif- ference of conviction or acquittal, and as it is undoubted thai the removal of spirituous liquors through the hot sunshine of this climate, in open vessels or in partially tilled casks, tends to diminish the Btrength of the liquor, thai is a1 leasl onQ obvious reason thai the precise strength should be ascertained and recorded in the deft.'s premised before this source of error, which would probably be very difficult to estimate and allow for accurately, had operate,!, 'l here is, moreover, the direel authority of the L( gislature itself in Bupporl of this view in the repealed ord. 8, '58, which had the same objects as 4, '77, b. 10, ami it contains the same provisions as are afterwards found embodied in s. 54 and the related BS. of 26, 204 Magisterial Law. I urn therefore of opinion that s. 54 of 25, '68, is applicable and to he applied along with s. 10 of -1, *77. (Chalmers, C. J.) The provisions of s. 51 in favour of soldiers have now been adopted in favour of sailors by ord. 1, '87. Ord. 1,'87. Freamble. S. 1 No alcohol to be taken on board H. M.'s ships without leave. Power to search boats approach- Forfeiture of liquor found. Offences : — taking- liquor on board without leave ; approaching' ship with such intent ; or for selling, &c. ; aiding deserters, &c. Arrest without warrant. Ord. 1, '87. Whereas it is expedient to make provision for better main- taining- discipline in Her Majesty's ships in the waters of the colony, &c. It shall not be lawful for any person to bring on board any of H. M.'s ships or vessels any spirituous or fermented liquor of any description without the previous consent of the officer commanding the ship or vessel on board of which the same may be brought. It shall be lawful for any officer in H. M.'s service, or warrant or petty officer of the Navy, or non-commissioned officer of Marines, with or without seamen or persons under his command, to search any boat or vessel hovering about or approaching, or which may have hovered about or approached, any of H. M.'s ships or vessels : — And if any spirituous or fermented liquor be found on board such boat or vessel, to seize such spirituous or fermented liquor, and the same shall be forfeited to H. M. : — If any person shall bring any spirituous or fermented liquor on board any of H. M.'s ships or vessels without such previous consent as aforesaid : — or shall approach or hover about any of H. M.'s ships or vessels for the purpose of bringing any spirituous or fermented liquor on board the same, without such previous consent : — or for the purpose of giving or selling, without such previous consent, spirituous or fermented liquor to men in H. M.'s service : — or of aiding or assisting any officer, seaman, or marine in II. M.'s service to desert or improperly absent himself from his ship or vessel : — Every such person shall be guilty of an offence {summary) : — Fine not exceeding $50 for every such act or offence. It shall be lawful for any officer in H. M.'s service, or any such warrant or petty officer, or non-commissioned officer as aforesaid, or for any constable, with or without any warrant or other process, to apprehend, or cause to be apprehended, any such offender or person so acting, and to bring him, or cause him to be brought, before any St. J. or Mag., to be dealt with according to law. [This apparently means a St. J. P. only ; see next s.] Excise — Srinrruous Liquors. 205 Ord. 1,'87. livery St. Mag., before whom any person charged with any o - — ~— offence against this ord. may be brought, shall have jurisdic- tionofsi tiou (and is hereby empowered) to hear and determine the said charge, wherever the offence may have been committed, and thereafter to proceed as if the offence had been com- mitted within the judicial district in which the said St. Mag. is then performing duty. 257 Quinta v. Swain (2 Dcc'82). Trading while in arrear fit' instalments of duty. s. 74— "Thefiat." The signature of the acting A.tty.-Gen. was proved Ord.26,'i - by the proa outor, who also Btated that he had the authority to prosecute, " ™ and was not cross-examined by the ;i|>i>t .*s solicitor with respect to it. The Review Court thought this sufficient, and referred to lo-a-ttmg-too v. King, 2 R. ('. 222, and PI. Sophia v. Inspr.-Gen. of Police, 24 Decr.'81. The ord. under which the latter decision was given explicitly requires the authority of the At' v. -Gen. at the commencement of the prosecution. There is no doubt that the admissions of a deft, in a penal proceeding Identity. are evidence against, him, notwithstanding a plea of "not guilty" : and here the production of the license out of the deft.'s custody operates as an admission in pais thai he was the Qninta referred to in the license, or if it did not quite come up to such an admission, it was yet evidence from which the Mag. might reasonably infer the deft.'s liability. Hence the evidence of identity, though somewhat narrow and partly supplied by the deft.'s admission, was sufficient. When a license is granted to persons jointly and nominatim, it is no Joint hold' is. objection to the eon viction of one of them that the other has not been prosecuted. 258 D'Abreo v. Fitzgerald (Sept.';: . This was an application to review the proceedings on a charge by the Ord.26,'i reap, as < 'om. of Tax. for that on 6 Sep. '77, a pint of rum was found in Bumfouna. the business of which the applicant for review was then the occupier, situate at lot 7, &C, contrary to s. 67 of 25, '68. The single reason for making the application is that the conviction is altogether unwarranted by the evidence, as it was not in any way shown that the appt. on whom the summons was served, and who in obedience thereto appeared before the Mag., was the occupier of the business premises 011 Lot 7. &c, in which "the alleged pint of rum was found." Theapplicantappeared before the Mag. and pleaded not guilty. The finding and Beizure of the rum by the Com. on lot No. 7 on 6 Sep., were proved —under a table in a room at the back of the provision shop on that Lot. The deft, appeared by License Record counsel at the hearing before the Mag. and objected to the Record Hook Hook. of Licenses being admitted in evidence, whereupon evidence was given that a notice in writing intituled in the matter of the complaint of T. Fitzgerald, Com. of Tax., against A. D'Abreo, for having on his business premises at lot No. 7, &C, on •', Sep. '77. one pint of rum, had been 206 Magisterial Law. Identity of licensee. Ord. 25,'68, s. 67, " Business premises." previously Berved on 12 Sep. and read to the deft., requiring 1 him to pro- duce his license for keeping store of the first class at lot No. 7, &c. The deft, did not say he was not the person indicated, but received and kept the notice without observation or objection. The Record Book of Licenses was then produced. In ' it there was an entry, under date 2 Aug.'77, showing that License No. 24, General No. 1185, was issued to A. D'Abreo for a store for the first class at lot No. 7, &c. The deft, was seen at the shop so licensed on the morning after the seizure of the rum. It was contended in this Ct. on his behalf that he might not be the A. D'Abreo to whom the license was granted, but it had not been suggested before the Mag. that the deft, was not the person licensed, and it may be said that by the line of defence then taken the Mag. was compelled to conclude that he was the same person ; his connection with the shop was proved by his being there the next morning. The applica- tion is dismissed with costs. (Snagg, C. J.) Moonie v. Solomon (13 Jan.'SS). Ord. 25, '68, a. 67. By the terms of this s. it is necessary, in order to siipport the information, that proof should be given that the liquor was found in the business premises occupied by the deft. By the defn. s. of the ord. a certain extension is given to the meaning of the term "business premises" by making it "to include any room or place adjoining or adjacent to any store or shop." Thus, a place which may not be business premises by its apparent use or purpose becomes so as regards liability for liquors found therein by a certain proximity : estimating the proximity with reference to the scope and object of the enactment, it would require to be such that the place could be con- veniently available for keeping liquors to be dealt with surreptitiously in connection with the traffic of the shop. A room above the shop, especially if communicating with it by an internal stair (though not so here) would probably be within this description. But it was necessary for the prosecutor, not only to give evidence of the proximity of the place where the rum was found, but that the place was in the occupancy of the accused person. This point was considered and decided in XPOliveira v. Burrowes (1 March'79), and in JBaptiste v. Burrowes (15 Jan.' 80), in which cases the reasons for adopting this construction are stated. In the present case there is no evidence of the room having been in the occupancy of the appellant beyond its being above the shop, and the shopman and a woman endeavouring to prevent the Com. from entering it. This is too slight and conjectural to support the informa- tion. (Chalmers, C. J.) Ord. 4,'85. s. 14 Entry by police to look for thieves, &c. refused, &c. 259 Any police constable may (for the purpose of preventing or detecting the violation of any of the provisions of ss. 12 and 13) at all times enter on any premises referred to therein : — Every person who, by himself, or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit any police constable in the execution of his duty, demand- ing to enter in pursuance of this s. : — 1st offence— fine not exceeding §24. 2nd and subsequent offence fine not exceeding §48. Excise — Spirituous Liquors. 207 Ord.25,' ( Ipposit Com. is tion 01 ! Whore any person holding, or employed by the holder of, a retail Ma^.'s report in spirit license La convicted under as. 12, 13, or n. the St. Mag. shall '-■-xcisc cases. forward a copy of the evidence to the Excise Board, who may take Buch evidence into consideration when deciding as to the renewal of snob license P. Da Silva v. Layton (26 May'83). Applt. is described In the complaint .-is shopman in charge of thi spirit shop at Aurora, in, &c., and he was accused under b. 70 of 25, '68 of having on - Sept. '82, at the Baid spirit shop, opposed the District Com. in the execution of his duty. On this charge he was convicted and fined §100. Reasons for review : — (1.) That you, the said J. P., had no jurisdiction to hear or determine the matter of the said complaint, and the said conviction is therefore null, void, and of no effect. The hearing and adjudication heat- upon the record to have been by a Sp. J. P. Now there is no principle more certain or more universally acted upon than that where the decision of an Interior Court (a tribunal of limited jurisdiction is relied on, it must distinctly appear that it lias oognizam ver the subjed -matter. A Sp. J. P. of this colony i- clearly within this category. Hi- jurisdiction arises by statute or by appoint- ment made in virtue of and having the force of statute, and he lias not jurisdiction by the operation of some statute. The offence in the com- plaint now under consideration is the creation of B. 70 of '2">, 'OS, and is expressly laid therein as so created. To what tribunal, then, does the cognizance of Bucb an offence belong f Expressly by s. 71 to any " St. J." Does, then, the jurisdiction of a. " Sp. J." arise indirectly or by im- plication from any other clause of this ord. ': At firsl view I was dis- posed to think it might perhaps do so under that clause of s. 3 -which enacts that "any St. or Sp. J. may in any Judicial IdstiioT, and without any special appointm snt, perform all the duties by this ord. assigned to the St. J. of the district." But on further examination it appears that the duties here referred to are those concerning applications for the granting and transfer of licenses and related matters s. 21 < ■"/.), and in no way concern complaints or adjudications for offences, the clause being in fact only an amplification of the firsl clause of the same s. That there was no intention of giving to " Sp. J.'s" a general jurisdic- tion in tic offences created by the ord. is further obvious from tin' par- ticular jurisdiction given, in the absence or inability of St. Js., "in the ordering of seizures under the 53rd s." There is no other enact- ment within the License Ords., so far as I have been able to discover, giving the jurisdiction now in question to a Sp. .1. : and the only other question is whether it arisi a under any enactmenl dealing with the general powers and functions of Sp. -Is. The respt. cited s. 2 of 17. 'so p. 6 . and the ('oiirt has had the benefit of a very careful argument as to the effeel of this s. Taking the s. as it stands it is not applicable. In the s. (74) of the License Ord., which confers jurisdiction for hearing and determining prosecutions, the functionary who is vested with juris- diction is nol a "St. Mag.," but a "Si. J." The definition B. founded on declares that in any or,], tin- term " St. Mag.," and the term " Mag.," shall mean any St. or Sp. J. ; but that in no way implies that "St. .1 ." is to be held to mean " Sp. J." It is the case of a third term de- fined to mean each of two other-. That doe- net imply that tie- two latter are made eipiivahu to each other. But it was further contended that " St. J." had the same meaning in tin' ante. 1 of this colony as "St. Mag.," and that on this ground the definition B. should A Special J. P. cannot act under Did. 26, '68. Conviction quasht '1 for want of jurisdic- Sp. J. 1". convic' ■ 208 Magisterial Law Ord. 25,'68, s. 6! and Ord. 3,'69. Limitation. Ord. 5,'85. S. 8 Person un- lawfully on licensed pre- mises at non- business hours. Arrest without warrant. be intended to apply to any enactments where the former as well as when the latter expression had been used. The remark is obvious that if the two expressions have the same meaning the definition clause is to that extent surplusage, a conclusion which the Court would not readily adopt. But apart from that, I think it would be most unsafe, as well as unsuitable, in construing a definition clause — where the language must be deemed to have been used with the most careful and considered preci- sion—for the Court to say that not only the expression in a statute to which the legislature affixes a particular meaning shall have that mean- ing, but also any other expressions which the Court considers may or do mean the same thing. I think, moreover, that such a principle of con- struction by intendment is more especially to be avoided where the effect would be, as here, to confer a new jurisdiction over a particular class of offences not conferred by the enactment by wdiich these offences were created, and which also declared the tribunal which should have cogni- zance over them. So much so that it may well be questioned whether the construction, if otherwise admissible would not be excluded by the "saving clause," if not inconsistent with "the context," which is ex- pressly embodied in the s. under reference, and which inheres implicitly in all definition clauses. The other ords. which maybe supposed to touch the general jurisdiction of Sp. Js. are, so far as I am aware, 8, of '37, 19, '56, and 11, '58, but these are searched in vain for any clause which would cover the matter of the present complaint. The jurisdiction of the J. being thus wholly non-existent, no sort of consent or waiver of objection by the accused could confer jurisdiction. It is unnecessary to enter upon any of the other reasons of review, and the order will be to declare the proceedings and conviction before the Sp. J. to be null and of no effect, with costs to the applt. (Chalmers, C. J.) Li-a-kin v. Dornforcl (16 Feb.'84). Breach of s. 67 of 25, '68. Main point was whether the charge was brought within 30 days after seizure, as recpiired by s. 68 of 25, '68, amended by 3, '69. "Where an information is issued, and a copy of same with "fiat" endorsed is placed in Mag.'s hands as evidence of the "fiat," on dismissal :— upon objection that the proceedings had been initiated (as the fact was), antecedently to obtaining the "fiat " contrary to the law, as explained in Quinta v. Sirain (2 Dec' 82) : — a second summons can only issue on a further information — and if out of time (as here) conviction will be set aside. Any person found in or on any licensed premises within any period during which business cannot therein be lawfully trans- acted, or during which such premises are by law required to he closed or forbidden to be opened, shall, unless he satisfes the Ct. that he wa3 on such premises as an inmate, servant, or lodger, or otherwise lawfully, be guilty of an offence : — Fine not excdg. §10. Any police constable may demand the name and address of any person found in or on any licensed premises within any such period, and if such name or such address is not given: — or, if there be reasonable grounds for suspecting the name and address given to be false : — may arrest such person without Excise — Spirituous Liquors. 209 Ord. 5/85. a warrant [unless such person produces satisfactory proof as to the correctness of the name and address given), and bring him as .soon as practicable before a J. P. Any person failim/ irhni sn n quired by a police constable to l/ire his name and address, or giving a false name or address, or producing /'a/.sr testimony in respect of his name or address, shall be guilty of an offence : — Fine not exedy. |24. Ord. 7, '80. Where, by the provisions of the AVine and .Spirit Licenses s.9Where Ords. '68 to '80, p. 189, the holder of a license is made liable SSS^bK to a penalty in reaped of any act or omission, and a charge is ' prepared alleging sue] 1 act or omission, the following proceed- ings shall be lawful (that is to say) : — (1) The summons may be served (a) in the manner now When can not permitted by law, or (b) by leaving the same with any person mbstituted who is apparently a clerk or servant found on the premises sea for which I be license is granted, or (c) if no such person can be found, by affixing the same in a conspicuous manner to the outer door or outer wall of the premises. (2) Where the holder is without the colony, his attorney or when out of v ', i-i-iir colon v, appear- agent may appear on bis benali. ance by agent. (3) Where the holder is without the colony: — either at whenontol the time of the act or omission charged, or at the time the °°iony c ;,' , ^ i ' ) ' i _ summons is served : — the St. or Sp. J. P. (on being satisfied stituted as to the service of the summons as hereinbefore authorised] : shall proceed to investigate the matter of the charge whether wh ,., h ',, any attorney or agent appears for such holder or not : — rnot, And, if the act or omission is proved, may order the penalty onconriefcion, to be paid, and to be levied upon the goods and chattels of the holder of the license by distress : — But where it is not shown that the holder left the colony to Whennot pur- avoid the service of the summons upon him personally, the ^^l°Soimpr. J. P. shall not make or direct that the holder shall be im- in default of prisoned, either in default of sufficient goods or chattels being found, or otherwise. The attorney of t lie holder of any license mentioned in the bIO Attorney Wine and Spirit Licenses Ords. '68 — '80, p. 189, where the holder IS without the colony, shall be liable to every penalty "j^ 7 "^?) 8 imposed by any of the said ords. on the holder of the license in respect of any act or omission, if it is proved that such act or omission occurred with the knowledge and consent of the said attorney. Ord. 4.'77. Any of the forms authorised or directed to be used in any s n Variation of the provisions of the Spirit Licenses < >rd. 1. '77. may. from "' time to time, be altered by the Chief Com. of Tax., with the P. 1* Ord. 4,'77. 210 Magisterial Law approval of the Gov. and Ct. of Pol., and such varied forms, when published in the Official Gazette, shall have the same force and effect as if they were incorporated in the schedule to the said ord. KB.— Ord. 9, '71 is repealed by s. 1 of 4, '77. Ord. 15,'61. si. Ord. 8,'80. Ord. 5,'85. Ord. 8 '87. 262 Excise.— Taxes. Eepeal of ords. 11, '51 ; 11 and 12, '53 ; and 11, '55. S. 2 of ord. 7, '75 was substituted for s. 3 of ord. 15, '61. >S. 2 of ord. 7, '75 was repealed by s. 10 of ord. 8, '80. S. 4 of ord. 15, '61 is qualified by s. 2 of ord. 5, '85. S. 7 of ord. 15, '61 was repealed by ord. 26, '62 (repeal ord.) In other respects ord. 15, '61 is unaffected by recent legis- lation. The Licenses Ord. 8, '80 — except where inconsistent there- with to be construed as one with ords. 15, '61 and7, '75; and the said ords. and this ord. may be cited collectively as the Licenses Ords. '61— '80. The Licenses Ord. 5, '85 — to be construed as one with ords. 15, '61 and 8, '80— cited, &c, Licenses Ords '61 — '85. [Semble, ord. 7, '75, ss. 3 (carts), 4—7 (dogs), of which are still in force, was inadvertently omitted in this reference.] The current Tax. Ord. s 3 Failure to take out license tinder Colonial Tax Ord. Ord. 8, '80, s. 2. iphi s or ^ s j ia u no f apply to licenses for the sale of wine, malt liquor, or spirituous liquor : i. e. ords. 25, '68 ; 4, '77 ; 7, '80. Every person who fails, or neglects without laicful excuse to take out any license required to be taken out by him under the provisions of any ord. for the raising of the Colonial taxes, shall be guilty of an offence : — For each offence, fine §2 — §48 [besides costs and amount of license, which should have been taken out ; but deft, entitled to license without other payment. See below]. And shall in addition, with all costs, pay the sum following (that is to say) : — Annual license. "(1) Where the license is one that can be obtained for the whole of the financial year, the sum required by the said ord. to be paid for the license for the whole year : — Occasional (2) Where the license is one that is issued for a particular act or occa- license. sion, the sum required by the said ord. to be paid for the said license : — Ord. 8. '80. Excise — Taxes. 2 1 1 The said two sums shall be deemed to be and .shall be recovered aa one in nulty. '• ,n °' On payment of the penalty an aforesaid with all one that can tx granted for a whole year, and there is any portion of tl financial year, for which the license was required, then unexpired at tl tune of the com iction, a license shall be issued to the person convicted ; such unexpired portion of the said financial year. The whole amounl paid by the person convicted in respect of the sum J ■ - ■ • ■ te payable for the license shall be, paid to the Receiver Gen. for thi usi ! u "' the colony without any deduction. "Where in any proceedings taken for the recovery of any s4 penalty for the failure or omission to take out any license required by law in respect of any vehicle or animal, any question arises as to the number of the vehicles or animals which the person proceeded against lias kepi and used, or owned and permit ted to be used, or lias used, the burden of proving the number of the vehicles or animals, kept and used, or owned and permitted to be used, or used, by the deft., and that he has a license for each, shall lie on the deft. S. 5 relates to dogs. — See p. '227. If any person, who has taken out a license or licenses, does not sG Nomto- produce and deliver such license or licenses to tic examined and u . read by any Cam. of T. within a reasonable time after sack officer requests the production of the same, he shall be guilty of an offence : — Fine not exedg. $24. As to renewal of license, see s. 3 of ord. 5, '85, p. 212. Afi to loss, s. 4, ib. ; proof of issue, s. 5, ib. 263 OHLV85. No license taken out in respect of any business or trade shall j 3 1 ~. , /;;' 1 f ', ll I t . 10n ' s be transferred under s. 4 of 15, '61, unless and until : — : ,'>a, (a) A notice of the intended transfer: — setting forth in full the "■ ' christian and surnames of the transferor and transferee, their respective addresses, the nature of the business to which tin- license relates, the precise premises in which the business is carried on, and the precise place in which such premises are situated, giving lots, street, village, town, city or place, or other necessary particulars as the ease may require: — is pub- lished in the 0. Gh on two successive Sats.: — and in one other newspaper in the colony, twice, with an interval of at leasl seven days between the two publications. (b) Fourteen clear days hare elapsed from the day of the first publication in the 0. Gh r 2 212 Magisterial Law. Ord. 5, '85. s 3 Renewal of license. s 4 "Where license lost. s 5 Proof of issue of license. Until the term for which any such license is taken out has expired, no second license in respect of the same business or trade shall be issued. On proof to the satisfaction of the Chief Com. that any license has been lost, he may authorise the issue of a copy thereof, and of the transfers indorsed thereon on payment of a fee of 50 c. to be paid into the colony chest. In any proceeding in any Court the fact that a license of any description has been issued to any person may be established by the prodon. of : — (a) An extract certified by the Chief Com. from the books of his depart, of the entry recording the issue of such license. (b) Proof that such person and the person named in such entry are one and the same. S. 6. The person in whose possession, &c, an animal, &c. is found to be deemed the owner : see post, under s. 24 of Tax Ord. s 7 Application of ss. 9 and 10 of Ord. 7,'80. The provisions of ss. 9 and 10 of ord. 7, '80, (see p. 209) shall apply mutatis mutandis : — («) To every holder of a license of whatever kind, and to his attorneys, agents, clerks and servants, whether acting or employed for a term, for an undefined period, or for a special occasion. (b) To every person or owner within the provisions of ss. 2 and 8 of Ord. 5, '67 (Sunday trading), and to every member of the family of such person or owner, and to every attorney, agent, clerk, and servant of such person or owner, whether acting or employed for a term, for an undefined period, or for a special occasion. S. 9 of ord. 7, 'SO (p. 209), requires a declaration to be subscribed before payment of duty : s. 10 requires the goods (the subject of the license) to be of good wholesome quality, and prescribes a penalty in default, besides forfeiture of the goods. 265 Ord. 7,'75, s. 3. As to stoppage and detention of cart when suspected of illegally re- moving rum, see s. 14 of 4, '77 (p. 187). Ditto of hucksters— Tax Ord. s. 15, p. 220. 267 N.B.— Ord. 7, '75, s. 2, is repealed by s. 10 of 8, '80. we — Tax] 213 268 King v. Cush (21 Sept.'78). In this case the applicant for review a Com. . charged the reept. for • i that the respt., " on 8 May' 78, did keep and use a horse withonl being in its appUca- provided with a license toka p and use the Bame, contrary to law." The aJJJ-JJ-i complaint dated 9 May waenot heard until 7 Aug., when it was dismissed. Oids. It appears from the information furnished by the Mag. on the n this Ot., that the complaint was not lodged with the Mag.'s clerk until 19 June, when it was Lodgi d " \\ it!i sevi ral oth< r complaints of a similar nature : " that the respt. and three other defts. could not be found by the police, and that three of the defts. who were found were summoned to appear on 26 June, on which day applt. asked for a postponement to 1 July, which was granted. On 1 July the "cases summoned for that day hi re called and, on the Mag.'s bearing the complt.'s statement, dis- missed," for reasons to which reference will be made presently. The applt. subsequently applied to have the respt. summoned, and the case against him was heard on 7 Aug. and then dismissed. The Mag. assigned reasons for his decision at Borne Length and has favoured this Ct. with them, but for the purposes of the review it will be sufficient to give the Mag.'s conclusion in ins own words: "That the Ord. under which the offence was committed lias expired, and that tin- law by which I am enabled to impose a penalty is confined to <>ti. net - committed under au ord. which is tor tin- time being in force." B of review: (2 that the adjudication is erroneous in point of law, inasmuch as ord. 7. "7-~>, b. 2, under which the complaint was laid before you, provides a penalty for every person failing to take din a license required to he taken mit by him by the provisions of any Tax Ord. ; ami because special provision is made by the law for prosecutions for breach of th' n to take out such licensi a after the operation of any particular Tax Ord. has ceast d. The obligation upon persons keeping and using horses, carriages, carts, guns, and many other things, and upon persons exercising certain crafts and trades, vt as imposed by various regulations ot' the < rOV. and t 't . of 1'. and by ilitli rent ords. at an < arly period of the historv of the colony. In '50 the then , listing regulat ions ami ords. w en- rep ah d, wholly or partially, by ord. lii of tli.it year, by which provision was made ••for the granting and proper use of licenses th< reinafter mentioned," and penalties and for- feitures were imposed tor breaches of its provisions. Ord. 10, '50, was repealed by 11. '61, which in turn was n pealed by 15, '01. By the last- named ord. it was enacted in s. :;, that " every person who shall fail or neglect, without lawful excuse, to take out any license required to be taken out by him under or by virtue of the pro> isions of any ord. for the raising of any colonial taxes, for the time being in force, -hall foi f< it and pay for each such offence such sum no1 exedg. --in, and not less than half the amount payable for the whole year in respect of such license as the St. or Sp. J, by whom he is convicted shall in his discretion award ; and every such failure and neglect for the space of five days next after any such conviction or for such shorter period thereafter, as to the con- victing Mag. shall seem reasonable, shall he held to he, and 'shall he a distinct and 8( parate offence and may be punished accordh This s. was repealed by 7, "7">. and it was enacted instead in the s. -j that [quoting 8?]. The difference between the two enactments is that in the * This s. is repealed by a. 10 of ord. 8, '80, hut this judgment may still he of considerable use in reference to other ords. 214 Magisterial Law. former one omission to take out a license is made punishable as a continu- ing offence ; in the later ord. such omission is expressly declared to be an offence for which the penalty is the amount payable in respect of the license for the whole financial year, and such further sum as may be awarded not exceeding: §48 and costs. In the Tax Ord. 4, '50, provision was made as in former Tax Ords. for taking out licenses in certain cases, and penalties were imposed on per- sons neglecting to take out such licenses. The Tax Ord. '51 (No. 8), contained similar provisions to those of the Tax Ords. of previous years, requiring certain licenses to be taken out, but imposed no penalties in express terms for breaches of the obligation as was done by s. 33 of the Tax Ord. 4 of '50, but omitted in the second Tax Ord. passed in '50 (No. 11). It may be significant that 11, '51, came into operation on the same day as the Tax Ord. 8, '51, viz., on 1 July. But in s. 28 of the Tax Ord. '51, provision was made for the recovery of penalties and for- feitures incurred under and by virtue of the provisions of several Tax Ords. enumerated. That s. is repeated with certain changes, which do not affect the question under consideration, in the Annual Tax Ords. "For the time ^ down to 4, '78. The Mag. seems to have considered, and rightly, that as^uffeSin^ 06 t ' le * aw ^ which he is enabled to impose a penalty for the breach of a annual ords. Tax Ord. is 7, '75 ; but he also considered that the offence charged in the present complaint was an offence under the Colonial Taxes Ord. '77, which had expired, and that being so. that the offence could no longer be prosecuted ; and he is brought to this conclusion by his interpretation of the words "for the time being in force," viz., the time when the penalty is sued for. That is not, according to my view, a correct appli- cation of the words "for the time being in force." These words refer not to the time when the offence may be prosecuted, but to the time when it was committed. The obligation to take out a license for keeping and using a horse was created by the Tax Ord. 2, '77, the penalty for neg- lecting without lawful excuse to take out that license or any license required to be taken out under any ord. for raising colonial taxes was imposed by 7, '75, s. 2. Every person who failed without lawful excuse to take out a license for using and keeping a horse under the Tax Ord. '77, was guilty of an offence which was complete as soon as he had violated the provisions of the ord. The obligation under the ord. ceased when the ord. expired, but the offence survived, and so did the penalty, which had been already incurred. It does not help the case that the latter part of s. 2 of 7, '75, provides for the issuing to the person con- victed a Ucense for the then unexpired portion of the financial year. The object and intention of the Legislature, as I collect them from the four corners of the ord., was, that no person required to take out a license under the provisions of the ord. should escape the obligation, and there- f . )re it is made a part of the penalty that every person convicted of a breach of the ord. shall pay the amount payable for such license for the whole of the financial year, together with such further sum not exedg. $48 and costs, as may be awarded. If the financial year had expired at the time of the conviction, there would be no unexpired portion of it for which a license need be issued, but the cost of the license would be reco- vered as a penalty and paid into the hands of the Rec. Gen. for the use of the colony. [The judge then referred to the works of Dwarris and Maxwell, quoting the passage, "the tendency of modem decisions," p. 20, supra.~\ (H. King, A. C. J.) Mendes v. Lay ton (5 Aug.' 82). Ord. 7,'75, s. 2 Using a mule without license, under ord. 7, '75, s. 2, and Tax Ord. — of e 8W? ihyS ' 10 1>eft ' • liavill 8' tw0 mules > but proving that she used one only. Illegal Excise — Taxes. - 1 5 evidenceof deft/a shopman was admitted, and Mag. oonvioted. Order JJgj«™j reversed. (Chalmers, C. J.) Tax 0rd.'80. Martin v. Burrowes (12 Pi b.'81 . Ord. '80.— Keep and use a 4-wheel carriage, and failure to tal "><>" ut out license nol for hire. I ontention— in the compt., the Tax Or«l. '80 was cited, bnl not ord. ■i, 75, which could not, therefore, be given effect to. This contention has no foundation. It is a well established rule thai any defect or omission in stating in a Dtfectomcom- oomplainl or conviction whal might be omitted altogether, does not [^ ^X',"' 1 " vitiate that which Ls correctly stated. The complaint contains all that is necessary when it stairs an offence in terms of the ord. by which the otlenrei'senated. TIh- ras, I El. 0. 9 . oftl , - different. '1 here the m< thod of charging the offence was bj Btatingl deft, did somi thing contrary to a sp< cdfied s. of an ord., which b. did not contain the prohibition it was said to contain ; and another b. was mia- cited in negativing an exception. Therewaa also au objection in that case that the charge was laid alternatively. The present case is also altogether different from Somph v. Bu (23 Oct.' 80), where the conviction was held erroneous, not from failure in specif] tug any ord., but because the ord. under which the Mag. acted did not give him juris liction to make the conviction. Mayers v. Anderson (No. 1) (14 May'81). Using a donkey-cart for trade without license (Tax Ord., andord. 8, '80, Donkey cart. 8. 3)— having a license not for trade or hire. The deft, carried bread purchased in Gh from the steamer Btelling to his ahop for sale there. Mag.'s decision, that the cart was keptfor the purposesof trade, and was, therefore, liable to the higher duty, maintained. (Chalmers, C. J.) Mayers v. A No. 2), was exactly similar. — ■ be thi (1, fendant's counsel had opened Ins case. K. v. Remnant ',k. a «.. lap), ope was cited: -"During the progress of the trial the judge may question the witnesses; and although the prosecutor's counsel has closed his ease, and the counsel for the deft, had taken an objection to the evidence, the judge may make any further inquiries of the witnesses he thinks tit in order to answer the objection." Snagg, C. J.) See, however, Lopes v. King (27 Nov. 'So), p. '218. The Tax Ord., '87.* T !l°^- There shall be raised, levied and collected upon every s. rroim i^ vessel (other than the vessels hereinafter exempted) entering at the custom house a1 any of the porta of B. Gh, a tonnage duty calculated according- to the following rates: — On a vessel of 70 tons and upwards. . . .15c. per ton. On a vessel under 70 tons oc. ,, ,, not to be collected more than four times in any one year. * N.B.— Tax Ord. '87 is here inserted in full, BO that the older Tas Ord. in "the Laws" should be struck out as repealed. 216 Magisterial Law, Tax Ord. How calculated. Steamers. Exemptions. s. 2 Licenses for private car- riages, &c. Exemption. And where in either case the tonnage of snch vessel is not a whole number of tons, the tonnage of such vessel, for the purposes of this s., shall be deemed the whole number nearest the actual number of tons : — Provided that where steamers carrying mails after arriving at any port of this colony from any port beyond the seas, enter any port of the colony again within 21 days on the return voyage, they shall be liable for the payment of tonnage dues once only. The following vessels shall be exempted : — Vessels belonging to H. M., or belonging to, or chartered by, H. M. or H. M.'s Govt., or any foreign govt, recognized by H. M. Vessels employed on any work of public utility, and which, in the opinion of His Exc. the Gov., ought to be exempt. Vessels which, in the opinion of the Contr. of Customs, are 3 r achts, and are not used in any trade or business. The Royal Mail steamers : French do. : steamers of the Kon. West Ind. Mail dienst, so long as the said steamers are subsidised by the Dutch Govt., and call and leave at fixed dates ; and the Dutch mail steamers. Vessels calling at any of the said ports, and not breaking bulk or taking in cargo or conveying passengers : provided that no officer or seaman of the vessel is left in the colony, or becomes an inmate of any of the colonial hospitals or prisons before the vessel sails. Every person (naval and military officers on actual service excepted) who keeps and uses, or owns and permits to be used, any carriage, cart, horse, pony, mule, or donkey not kept for the purposes of trade or for hire, shall take out a license to keep and use each such carriage, cart, horse, pony, mule, or donkey, and shall pay for the same as follows : — For each 4 wheeled carriage §16 ,, ,, 2-wheeled ., S , , ,, horse, pony, or mule 4 ,, ,, cart drawn by any of the above animals 8 , , , , , , , , a donkey 4 , , , , donkey 2 As to particulars to be painted on carts, see s. 11 of ord. 15, '01, p. 264. No license shall be required for a bicycle or tricycle. s. 4 Boat licenses. Exemptions. Every person who keeps and uses, or owns and permits to be used, any colony schooner, sloop, vessel, boat, batteau, corial, or craft (except craft used exclusively within the pins., estates, or villages, and except the balla-hoos used by woodcutters exclusively within the creeks), shall take out a license for each schooner, &c, and shall pay for the same the sum of 24 c. Excise — Taxes. 217 Tax Ord. Provided always thai no aboriginal Indian shall be liable to any forfeiture or penalty for not taking ou1 any sui I license. By s. 26 "Colony craft" any oolony Bchooner, sloop, vessel, !•■ Hanoi batteau, punt, corial, or oraft. As to production of licei of 15, '01. As to seizure of colony craft, sees, 13 of 15, '61, p. 265 of Laws, '77. As to shipmaster taking oui lio ose for sale of goods he imports, onl he transfers same by instrument in writing to Bome licensed person, s. 13 of Tax. Ord. p. 220, As to search, incase of suspect* 1 removal of rum, see i. ' . 7, b. 14. — " Rum," p. 187, In the case of a colony orafi license Bee s. 8 of IX, '01, 2(j.'i the minn lit' any person bond fide employed by the owner of Buch license to act for his exclusive benefit, musl be inserted in the license or endorsed thereon by ;t Com., &c. 269 Every banking co., authorised to issue notes payable to s.7Bank bearer on demand, which, occupies any premises or counting- house in G., shall take out a license Eor Buch premises or counting-house and pay for the same $500, but shall not be bound to take out any license required by s. 5. Every person or co. carrying on any tire or life insurance s. 8 insurance business, or any fire or life insurance business in the colony, shall take out a license and pay Eor the Banie $250. Where any person acts in the colony as the agent of any Ago CO. carrying on any lire or life insurance business, or any tire or life insurance business in the colony, such person shall take out a license and pay for the same $250, unless and except the co. for which he acts has taken out the license hereinbefore required. Every person who occupies any store, shop, room, shed, stall, s 9 Drn» or yard in any part of the colony other than Gh within 1 mile thereof, or New-Am., in which there shall be sold, bartered, or exposed for sale any drugs (exclusive of spirits or any other article for the sale of which a license with a special duty charged thereon is provided by Law . or who sill-, barters, exposes or offers for sale any drugs, shall, in addition to any other license required by tins ord. to be taken out, take out a license for each such store, shop, room, shed, stall, or yard, to entitle him to sell, barter, or expose or offer for sale, and shall pay for the same s I. A> to Bpecial rum permits, set ord. 3, '69, " I pirituoua Liquors," p. 261 of Laws, '77. Every person who occupies any store, shop, r n. Bhed, b. ii stall, or yard, in any part of the colony other than Qt. or (country). 218 Magisterial Law. Tax Ord. s. 6 "Where two or more persona carry on busi- ness in same premises. Now- Am., in which there is sold, bartered, or exposed for sale any goods, wares, merchandise, or provisions (exclusive of spirits, dings, or any other article for the sale of which a license with a special duty charged thereon is provided by law), shall take out a license for each such store, &c, and shall pay S I . Afl to production of license on demand, see s. 9 of ord. 15, '61, p. 264. When two or more persons, not being partners, are estab- lished as separate store or shopkeepers in any premises in GK or New-Am. rated as above, each such person shall take out a separate license, and shall pay $20. AVhere there are only two such persons carrying on such business as aforesaid in premises rated at $15,000 or upwards, each such person shall pay $24. This s. shall not apply to persons entitled to take out a (>th class license. CucJcow v. Perot (p. 269 of the Laws' 77). See s. 10 of Tax Ord. as to licensee (non-licpxor) taking out a further license to sell liquor. Want of store- license. Ord. 17,'80, s. 20, commented on. Admission of evidence of rating after close of prose- cutor's case, not permissible. Lopes v. King (27 Nov.'85). Applfc. was charged hy respt. (a Com.) for that he on 26 Aug.'8o, did occupy a store in which goods were exposed for sale, situate at E., without being provided with a license for the same. The minute of decision is "Fined $5 and $20 to be recovered by distress, or 14 days' hard labour," but no formal conviction has been returned. The first point raised under the reasons of review is an objection to the language of the information which it is said does not disclose any offence in law. I cannot sustain this objection. It is enacted in s. 20 of Ord. 1 7, 'so, sub-s. 1 (p. 9), that the " description of any offence in the words of the Ord. creating the offence or /'// similar words shall be sufficient." If the applt. was not provided with a license for his shop, it must have been that he had failed or neglected to take out a license. By sub-s. 2 of the same s., it is unnecessary for the prosecutor to negative lawful excuse in his information, or to prove the want of lawful excuse, the onus being on deft, of showing lawful excuse if he has any. The expressions used were thus sufficient to designate the offence. I think it well to add, however, that I do not understand why the Com. should have exposed his proceeding in this particular to needless litigation by selecting equivalent expressions instead of using the very words of the enactment, which were ready to his hand. The second point relates to the question whether as a fact, the applt. was occupying an unlicensed shop, and to the evidence of that fact. I shall not deal with this point, because, I come to the conclusion on the whole circumstances that the proceedings have been carried to a termi- nation under some misapprehension, and that it is just they should go back to the Mag., as I shall explain: — It appears from the Mag.'s minutes, and also from an affidavit by the attorney of the applt., that the case of the prosecutor having been concluded without any evidence showing the class of the sIimji as under s. 5 of the Tax Ord. so as to fix the amount of duty payable for it under s. 3 of Ord. 8, '80, an objection (amongst others) was taken on behalf of the deft, to the absence of this evidence. After considering this point, the Mag. intimated his intention Exi [SB — Taxes. 219 Tax Ord. of admitting evidence as to the rating of the premises, bo as to ascertain the penalty. The attorney of the deft, still objected to this evidence, and did nol call anj ei idi oce, i '■ M ' ,s l "" 1, '' ' charge, or as to the value of the pn mises. Evid( ace of the rating was then given, and th< r< upon the Mag. gave the decision appealed agaii This is the Bubstance of what took place. The proceedings were con- tinued by adjournment over four sittings, and it is difficult and of uo consequence to fix the dates of the several Bteps. The applt. contends thai the admission of the evidence of rating in the manner it was done vitiated the proceedings. This question was argued -a1 leasl on the side of the applt. as if it were the general one whether a Mag. in his summarj jurisdiction may. after the close of the case in prt secuti and on its beingfound materially defective, admil the evidence of an addi- tional witness to remedy the deficiency. I would very carefully guard myseU ng supposed to affirm the propriety or legality of Bucha i the Ord. which defines the Mag's method oi pro- ceeding does aol provide for ii : 2ndly, because even supposing, which would bi a i ither Ear Btretched supposition, that a Mag. has the like discretionary power as a Judge of a Supreme Court in dispensing with the ordi c ot n ceiving proofs, I >•''' as ><> «hi judge) .,,. east of a prosecutor is closed and objection taken, unless for ■ besifU the justice of the cast or little , /'. (Various cases cited.) What took place in the present case, however, did not involve any genera] question of admitting additional evidence. The Mag., hai ing taken the e\ idence offen d him by the prosecutor on S> mble, if Mag. the main question [i.e., whether the deft, was occupying a ahop withoul j;;; 1 ,'^;^', 1 ^' 1 a license , seems to have intended to deal with the value of the premisi a ^F£ ■ as a separate branch of inquiry. / cannot say there was an error in doing this, if ft couru /<> was taking sufficiently It was Hut incompetent for him to exhaust the evidence as to the substance of the offeni < ntering on ei idence going to determine the amount of the penalty, although he could of course make only one adjudication. But I am in doubt on reading the minutes, and the affidavit of thedeft.'s attorney, whether the Litter was sufficiently informed of what was meant, and whether owing to misapprehension he was not deterred Erom giving evidence which otherwise he would have given. The course which will meet the justice of the case under the whole circumstances will be to recall the conviction i and to remit the case to the Mag. in order that he may receive whatever legal <\ idence may be further often d, and thereafter adjudicate as may be just, reserving the question of costs. (D. P. Chalmers, C. J.) Every person who keeps a house for the lodging and hoard- s 12 p. ing, or boarding or Lodging, oi seamen, shall lake out a license u for the same, and shall pay $2 l ; and the keeper of Buch house shall, moreover, enter into a bond with at leasl "in- good and sufficii d surety, conditioned jointly and severally, in the penal sum of s ^ _' l « » . for the peaceful and orderly con- ducting of such hmise. such bond to be entered into before the P. Ma--, of 0-., or the J. P. acting as P. Mag. of New-Am. This s. shall not apply to the premises in GK known ae the "Sailors' Home." As to harbouring thieves, permitting them to assemble, anil allowing 220 Magisterial Law. Tax Ord. sl3 Ship- master's license to sell goods. S 14 Butcher's shop (country). Not to be general shop. S 15 Hucksters license. Agency. Ord. 8,'80. s 7 Pedlars' packs, &C. Vehicles. the deposit of stolen goods, see ord. 4, '85, ss. 12, 13 (p. 202, supra), and 8. 14 as to police powers of entry, p. 206, ib. Every master or supercargo of a vessel or other person on board, arriving in this colony, having on board goods for sale by him on his own account, or on commission to him, not con- signed at the time and place of shipment by bill of lading to some person holding a store or shop license, shall bo bound to reporl such goods at the Custom House, and to takeoutashop license for each voyage and to pay $-48, unless such master, &C, wit It the knowledge and consent of the Contr. of customs, transfers such goods for sale to some person holding a store or shop license by instrument in writing, under his hand. Every person who occupies any shop, room, shed, stall, or yard, in the rural districts where meat, other than fresh pork or game, is sold, bartered, exposed, or offered for sale, shall take out a license for each such shop, &c, or any portion thereof, and shall pay $12. No such license shall authorise the carrying on in the same shop, &c, or any portion thereof, any other trade or occupa- tion for the sale of any articles for which a license "with a special duty charged thereon is provided by law. See s. 15 of ord. 15, '61, as to the notice board to be affixed, p. 266 of Laws, '77. These licenses may be issued for a period less than a year. See s. 32 of Tax Ord. Every person who carries on the trade or business of a huckster, and sells, barters, exposes, or offers his goods for sale at or in any place within the colony, shall take out a huckster's license and shall pay $2. No such license shall be required where the goods are exposed for sale in any room or stall in a market, hired by the holder of any such license, nor for the sale of bread, pastry, sweetmeats, jams, jellies, fresh fish, game, eggs, milk, fruit or vegetables grown in the colony, nor for the sale of any produce of land occupied or owned by the seller or his prin- cipal, nor for the sale of any animal which has been nourished on such land. Where (s. 8 of 15, '61, p. 263) any person is bond file employed by the owner of a huckster license to act for his exclusive benefit, the name of such person must be inserted in or indorsed on such license by a Com., &c. See s. 9 of ord. 15, '61, p. 204 of Laws, '77. Any Com. of Tax. or any constable or officer of police may, at any time, open and inspect any pack, box, bag, trunk, or case : — And may stop and inspect any vehicle in which any pedlar, Excise—Taxes. 221 Ord. 8, 80. hawker, or huckster carries hia goods, wan-, and merchan- disc : — And aiii/ jiiillnr, Imirkir, <>r huckster who refuses to allow B such Com. of Tax., constable, or officer of police: — to open inspect such pack, box, bag, trunk, or case: — or to stop or inspt aiii/ such vehicle:— or attempts .so to do: — shall be guilty of an ottence : — Fine not exedg. g L0. And any pedlar, hawker, or huckster, so acting may bo An apprehended and detained with Buch pack, box, bag, trunk, case, or vehicle, and the goods, wares, and merchandise therein, until lie can be brought before a St. or Sp. J. P. Bushell v. Solomon (7 May'-; . Appelt. was charged byrespt. Com. on an. information alleging thai Euckstera' he, on the 9 Jan.'87, a1 Pin. Thomas, "did carry on the trade or busi- ll " ""' ness of a huckstt r, and did then carry ami 1 spose for Bale certain gooda, to wit, fresh beef, and did fail without lawful excuse to take out the liceuse required to be taken out by the Annual Tax Ord., contrary to a. 3 of ord. 8, '80." On thia charge appelt. was convicted and adjudged to pay the minimum fine of $2, and $2 is the Bum required bylaw to be paid by law for a huckster's license. The question raised by the reasons of Whatis review is whether there was evidence before the Blag, thai at the time l: and place alleged in the information the appelt. was engaged in such acts as rendered him a person required by law to take oul a huckster's license. The evidence adduced in support of the information was that of Mr. Wright, inspr. of police, who stated thai on Sunday, 9 Jan., at a placi alien! L 5 rods N. of Fort Bridge, Camp. St., at or near a Bpol where a shop occupied by appelt. formerly steed, the appelt. had a board laid on two barrels, and on it beef was exposed for sale, and that the public road was not thereby obstructed; and further, that deft, was selling meat on the previous Sunday in the same manner. Does this show that he was carrying on the trade of a huckstt v'r The answer to this question is to he found on examination of the enactments which impose on sellers of commodities tin- obligation of taking out licenses. We find in the Col. Tax Ord. '86, a (lass of sellers dealt with in considerable detail— those who carry oh their business at fixed stations, who occupy any "store, she]', room, shed, stall, or yard," in which goods are sold. These persons are required to take lie. n-i s at van ing rates of duty, according to the situation and character of their premises and the commodities they offer for sale. Then we find a class of pi rsons who are required to taki huckster's license. These are described in s, 13 of the ord. [cited']. As hucksters, hawkers and pedlars are thus classed together for purposes of taxation, one specie- of license being applicable to all of them, there is no necessity to enquire what may be the precise diffen nee between tin Be different traders, if any, inter se. The class is differentiated from the class who keep shops by a characteristic po88essed by all the members, viz., thai instead of occupying a fixed place of business and waiting tin re for customers to come to them, they carry their good- to meel the cus- tomers. This is shown partly by the ordinary meaning of the words used to denote the persons who form the class, and mole particularly by the words, in s. 13, "carries his goods," and again by -. 7 of s, '8 . which empowi is commissaries ami police officers to stop and inspei t any 222 Magisterial Law. " paok, box, vehicle," &c, "in which any pedlar, hawker, or huckster carries his goods, wares," &c. Taking it then that the carrying the goods to the customer is one of the essential characteristics of the species of trading for which the huckster's license is required, was what the appelt. was doing a ntrri/iiit/ in this sense ? The counsel of the respt. argued that there was evidence of a sufficient carrying, since, as the appelt. did not live at the place whore his goods were exposed, the goods musl have heen carried there for the business of the day. But there was nothing showing that any different sort of carrying took place than there must always be when butcher's meat is brought from the slaughter-house to the shop or stall for sale. There is no evidence that any portions re- mained unsold at night or were then removed elsewhere. Obviously, the Legislature in imposing the huckster's license duty on him who "carries his goods and sells," was not referring to the same kind of carrying as is necessary for the business of a shopkeeper. The shopkeeper carries goods to his shop in order to stock it and arranges them there for sale ; whilst being carried they are not offered for sale. The huckster, on the con- trary, carries his goods already arranged for sale, in order to sell them when he meets a buyer. It is not inconsistent that he should sometimes arrange to meet buyers at a particular place, as when he takes his goods to a market. It is not necessary in this decision to define what is the amount or extent of the carrying which would make a trader a huckster, but I consider there is not proof of any such carrying in the present case as brings the appelt. within that category, and consequently that he ought not to have been convicted. A good deal appears to have been said before the Mag. about the appelt. possessing an unexpired shop license for the shop which formerly stood on the place where he was sell- ing. But the only question in issue was whether he was carrying on the trade of a huckster. If he was doing so, the possession of a shop license could not release him from the necessity the ord. imposes on him of taking out a huckster's license ; if he was not doing so he ought not to be convicted. Conviction quashed, with costs. (Chalmers, C. J.) Tax Ord . 27Q s 16 Gun- Every rierson who keeps for sale or sells gunpowder or powder. .c i y fireworks (a) By wholesale, shall take out a license, and shall pay ••••.... $8 (b) By retail, in any part of the colony shall take out a license, and shall pay 4 As to combustibles not being warehoused without leave, see Customs, 1G, '84, s. 62, p. 116. s 3 Omnibuses, Every person who keeps and uses, or owns and -permits to &c. for hue. 1 x L .-, , x ' , , ■* be used, any omnibus, tramcar, or carriage, cart, horse, pony, mule, or donkey, for the purpose of trade or for hire, shall take out a license for each such omnibus, &c, and shall pay for the same as follows : — For each omnibus or tramcar §12 ,, ,, hackney carriage plying in G 12 Excise— Taxes. 223 Tax Ord. For each 4 -'wheeled carriage (including hearses] used in ('•. or New Am -20 ,, ,, 4 -wheeled vehicle not used exclusively for the conveyance of passengers and tin ir baggage 20 ,, ,, 2-wheeled carriage 8 ,, ,, horse, pony, or mule 8 o ,, ,, cart, other than a donkey cart, with or without springs, with wheels of a fare less than 6 inches, kept and use linG. 1 1 Ditto iu New Am, or any rural district '21 Pot each cart, other than a donkey cart, with or without springs, with wheels of ;i tire of h inches and upwards, kept for hire in G 32 Ditto in New Am. or any rural district 12 For each donkey carl kepi and used in < > 16 Ditto in New Am. or in any rural district 12 For each di >nkey 1 As to particulars to 1"- painted on carts (for hire), see s. 10 (not for Lire) b. 11 of ord 15, '61, p. 264 of Laws. '77. As to right of entry on premises to inspect, see S. 3 of ord. 7, '75, p. 265, ib. Swain v. Mathias (27 Jan. '83). This was a case under s. of the Tax. Ord. o, 'S2, for using a hears.' for hire without license, but describing the hearse in the information as a " four-wheeled carriage." It was held thai a hearse was not within the "variety of the b." No dietum or decision as to whether the hearse was or not taxable under the then existing law. The question would have arisen if the information had been properly framed. (Chalmers, C. J.) Provided as follows : — (1.) No license shall be required for any horse, pony, mule, Exemptions, donkey, or cart belonging to and used in the service of any S8tatoB > &0 -« estate, plantation, wood-cutting grant, or cattle farm, if such conditions as may from time to time be made by the Gov. and Ct. of Pol. for regulating this exemption are duly complied with. (2.) No licence shall be required for anyrace horso brought Racehorses, to the colony and entered at any race, if such horse does not remain in the colony for a period exedg. 3 months. (3.) No license shall be required for any hearso not used Hearses (rural . in Gr. or New Am. (-1.) No licence shall be required for any watering carl or animal drawing the same, which is owned and used ex- clusively by the Mayor and T. C. of Gk, or the Board of Superintendence of the Town of New Am. In this ord. the term cart includes vehicles having 4 wheel-. King v. Nasebun (5 Aug. '82 . Carrying bread to a shop in a cart is using ;i cart for the purposes of "Forum trade within the meaning of the Tax Ord. '"' •woe.' Mayers \. Anderson (14 May's 1) referred to, p. 21;3. 224 Magisterial Law. Tax Ord. Shops, &c. (not Liquor, &c). shopHconsesin Every person who occupies any store, shop, shed, stall, G.andNew-Am. room, or yard in Gr. or New Am., in which there shall be sold, bartered, or exposed for sale any goods, wares, merchandise, or provisions (exclusive of spirits, drugs, or any other article for the sale of which a license with a special duty charged thereon is provided by law), or who occupies any office or counting-house in G. or New Am., for the purpose of carrying on mercantile business therein, or wherein any legal practi- tioner carries on any legal business, shall take out a license for each such store, &c, yard, office, or counting-house, and shall pay for the same, as follows : — Tor a lst-class store, shop, room, or yard in premises rated in the books of the Rec. of town taxes in G. and New Am. respectively, at a valuation of $15,000 and upwards $48-00 For a 2nd-class do., in premises rated as above, at $12,000, and not amounting to $15,000 40-00 For a 3rd-class do., in premises rated as above, at $8,000, and not amounting to $12,000 36-00 For a 4th-elass do., in premises rated as above, at $5,000, and not amounting to $8,000 32-C0 For a 5th-class do., in premises rated as above, at $3,000, and not amounting to $5,000 28-00 (The valuation in each case to be proved by the per- son applying for the license.) For a 6th-class do., for any shop, stall, or shed, whether enclosed or not, situate on any premises in Water St. , G., where the space occupied by such shop, &c. does not exceed 40 sq. ft. (s. 6) 12-00 For a 7th-class do., all other stores and shops, stalls or sheds of every description 20-00 For an office or counting-house occupied for the purpose of carrying on mercantile business therein, or where any legal practitioner* carries on any legal business . . 20-00 And every person who shall sell, barter, expose, or offer for sale drugs, with or without other goods, wares, or merchandise (exclusive of articles for the sale of which a license with a special duty charged thereon is provided by law) , in a shop, shall take out a license for each such shop, and shall pay for the same, if such shop shall be situated in Main St., or the westward thereof, in the Wards of N. Cummsburg, S. do., Robb's Town, New- town, or Stabroek, in G 48-00 And if such shop shall be situated in any other part of G-., or within one mile thereof, or in New Am 32-00 And any person who shall keep a shop for the sale of cooked provisions or food prepared for use, situated in any part of Gr. or New Am., shall take out a license for each such shop, and shall pay for the same 12-00 (As to Banks, see s. 7.) * Legal practitioner includes hamsters, Be Souza v. Anson (post). See also Belmonte v. Anson (25 March, '88), a lis pendens at the time of going to press. Excise — Taxes. Tax Ord. No person hiring or holding any stall in any public market . — : — in Of. or in New Am. shall be liahlo to take out any such license for any such stall ; but this exemption shall not apply or extend to the sale of drugs. No such license shall authorise any person to keep any :, 'II, and 1, '4.3 (auctioneers), p. 134 ('77) : and ord. 11, '46. Every person who keeps a dog shall take out a license to s2 Dog:. keep the same, and shall pay s2. No aboriginal Indian shall Exception. be liable to any forfeiture or penalty for not taking out any such license. See provisions of ord. 7, '75, ss. 4—7, as to cellar or label, p. ('77). Ownership immaterial, OonsalvesY. Cuckow, 'Hi. 0. 41; see also 1><: Silva v. Burrowes (24 Oot.'74), p. 273 ('77). rd g - 8 q Every person : — in whose custody, charge or possession, s 5 Who is the • i * i . j • S j person who or in wmoso house, or premises, any dog is tound Qr seen : — keeps a dog Q 2 228 Magisterial Law. Ord. 5,'85. shall be deemed to be the person who keeps such dog unless the contrary be proved. he found, deemed the owner ; s 6 Person in Every animal and everything: — in respect of which a license Sonf &^°, S | S irumal *° keep or to use — or to keep and use — or to own and permit to be used — or to carry the same (as the case may be) is by law required: — found in or on the premises of the person by law required to take out such license, or in the posson. of or under the control of, or being used by or permitted to be used by such person, his attorney, agent, clerk or servant, whether acting or employed for a term, for an undefined period, or for a special occasion — shall be deemed prima facie to be kept or used, or kept and used, or owned and permitted to be used or carried (as the case may be), by such person. The omis of showing that any &uch animal or thing found as afsd. was not in fact kept or used, or kept and used, or owned and permitted to be used or carried (as the case may be) by him, shall be on such person. if otherwise, onus probandi Keeping a dog, primarily. Presence of the dog. Animus possi- dentis Ord. 8,'80, s. 5. Locus in quo. Person "in charge." D'Andrade v. Swain (14 Decr.'Sl). Charge under ord. 3, '81 (Tax), s. 24, and 8, '80, of keeping a dog without a license. I think it is clear that there was not here evidence that the deft, kept this dog within the primary meaning of the term. In order to establish this it would have been necessary to prove some act of owner- ship or keeping on the part of the deft., or at least some act from which his ownership or keeping of the dog could be legitimately inferred. The evidence, however, shows the presence of the dog in the yard of the retail spirit shop of which deft, was in charge. There, therefore, arises the question, whether the conviction was right under the auxiliary enact- ment of '80. It appears to me that the terms used in the first clause of this enact- ment, "custody, charge, or possession," all imply some volition, or evi- dence of volition, on the part of the person to be charged. There must be evidence of the animus custodiendl or possidentis ; slight evidence might be sufficient, but some there must be, and I think that is not supplied by the mere circumstance of the dog being, on the one occasion of the Com- missary's visit, present in the open unfenced yard, nor do I think evidence is supplied by the circumstance of the dog going under the shop when the Commissary took up a stone to drive it away. The conviction, however, may stand under the latter clause of s. 5 of S, '80, if the house or premises can properly be held to be the house or premises of the deft. On this point I have felt considerable doubt. The evidence is that the deft, was "in charge" of the shop, which is said to be the retail spirit shop of one Gomes. It does not appear that the deft, had any interest in the profits, and it cannot be presumed against him that [if *] he had such interest, he was not, therefore, the owner or the beneficial occupier of the premises. But then I think it * Some word is omitted here ; ? if. Excise — Taxes. 229 cannot l"' doubted that, being " in oharge," he had th( g< aeral direction and control of the premises, and I think that, looking to the scope of the legislation on this Bubjeot, the intention was that a person having such direction and control would be liable. The law is not only that d shall not be kepi witlnmt the prescribed license, and that the person so keeping them .shall 1m- liable in penalties, but further, it appears to be intended that dogs kei>1 without licenses shall be destroyed.- Ord. 7. '75, Di rtruction of s. G. By virtue of this ord. there need be less of hardship in the opei ti.m of the '80 ord:, than if the latter Btood by itself. The pi ' ■ oharge" of premises in which unlicensed dogs may come has the means lit' getting rid of tin m, at the Bame time carrying oul the law by driving them nut of his premises, and calling any constable to take charge of them. It is his duty in fulfilment of the law to do this, and by vigilance in Outy of person bo doing he would effectually guard himself from liability, for a request made bj him to the police to seize and destroy dogs would be pregnant evidence that the dogs did not belong to, and were not kept by, him. The question does not arise on the evidence in this case, whether the "Who liable— owner, or beneficial occupier of the premises, might not be liable as well owner or as, or alternatively with, the person in physical occupation, and it is there- occu P ier! fore unnecessary to state any opinion upon this point. _ [After remarking that deft, might not have been aware of the provi- sions of the '7o ord. (though ignorantia juris n\ . and the dog might have been there -without his will or command, the Judge mi. - gested that on the evidence the Mag. might have decided either way, and that either decision might have been supported by the Review Ct.l (Chalmers, C. J.) Swain v. Brathwaite (2 March'88). Charge. Keeping (not being an aboriginal Indian), a dog on, itc. Dog license. (date) — and failing without lawful excuse to take out a license for the Impr. in default same. At the hearing deft, pleaded that he was not guilty in respect '.'' pajn^entof that he had already been convicted for keeping the same dog without a not'entittetoa license, and produced a certificate by the Dfag.'s clerk to that effect, lie The prosecutor admitted the correctness of the statement, but contended that he was not by the conviction and impr. released from the necessity of having a license. The Mag. held that the deft, purged his offence by suffering impr., and that he .should have been supplied with a license, and dismissed t h> • case. Where the license (as that for dogs', is an annual one, the obligation to take out the iicense continues till the termination of the financial year. The failure or neglect constitutes the offence a continuous offence. "The Ord. 8, '80, s. 3. judge then cited ord. 8, '80, s. 3, showing that only on payment of the T " 1 '' '" '" sum due for the license and the fine and costs is the convicted person i'.'ll.'Vn'i entitled to a license for the remainder of the financial year. Impr. in ,,i license value, default is not a substitute for payment. Case remitted to Mag. with C't.'s flni opinion. (Chalmers, C. J.) F v ; Tax Ord. Every person who keeps a bonded warehouse, appointed B26Bonded for the receiving and securing of goods, the duties of which ^m!:,'. are unpaid, shall take out a license and shall pay $48. On and alter 1 July'87, and up to 1 .Julv'ss, there shall be s39 j i • i i ii i j ii • • • .rentsi raised, levied anil collected upon all wines, spirits, goods, i „ , n ,ir,i « m-c- wares and merchandise stored in any bonded warehouse kept '' " 230 Magisterial Law. Tax Ord. by the Govt., storage rent at and after the rates follow- ing :— Per month or any fractional part of a month. Tobacco, per hogshead $1.00 Wine, per pipe 32 ,, ,, hogshead 16 „ ,, quarter cask OS ,, ,, octave 04 Gin, double cases 04 ,, single , 02 Rum for consumption, per puncheon 32 (Which rates respectively are to include all charges for cooperage when required by the owner.) Rum for exportation, per puncheon 1G ,, ,, if taken away within 72 hours ... . 08 Sugar, per hogshead 50 , , , , tierce 30 ,, ,, barrel 08 , , refined, per puncheon 30 ,, ,, rum puncheon 16 ,, ,, barrel 08 Flour, per barrel 04 Cornmeal , , , 04 Eeef „ 05 Pork „ 05 Pickled fish ,, 05 Candles, per box , 02 Soap „ ,, (56 lbs.) 02 Rice „ bag 02 Cocoa ,, ,, 04 Butter ,, firkin 02 Lard , , keer 02 Petroleum storage. s 40 Storage — gunpowder. And other goods or quantities in proportion, which last- mentioned rates respectively are to be exclusive of all charges. Upon all petroleum and other dangerous goods stored in such place as shall be appointed by the Gov. and Ct. of Pol., there shall be raised, levied and collected, from such time as shall be enacted in that behalf by ord., storage rent at and after such rate per month, or fractional part of a month, as may be fixed by the Gov. and Ct. of Pol., exclusive of any charge incurred for porterage. The storage rent of guupowder in the colonial powder magazine shall be, for every month and fractional part of a month, as follows : — from 1 July'87 — 1 July'88, at the rate of 2c. per lb., exclusive of any charge incurred for porterage. Excise— Taxes. 274 231 Tax Ord. Every person who sells, barters, exposes, or offers for sale, s 29 Cocoa-nut the liquor known by the name of cocoa-nut rum or cocoa-nut toddy, shall take out a license for the sale of the same, and shall pay $600. Scop. 261 of "Laws, '77." Shops (Liquor). Every person who keeps a liquor store in Gr. or New Am., B27JMf ta shall take ) When the holder, kc. (as in («)), the 3rd or 4th class, &c, exedg. G,000 gallons, &c. : (c) When the holder, kc. (as in («) ) of the 5th or Gth class, &c, exedg. 4,700 gallons of, &o- : (< tan I approved by the < for. and < '. of P.) Articles of appri atiot Bhip or clerkship to a barrister-at- law, advocate, or attorney-at-law §20.00 Oath or affidavit taken or made by a barrister-at-law, advocate, or attorney-at-law, upon bis admission to practice before the Supr. Civil Ct 100.00 Oath or affidavit taken or made by a notary public or sworn clerk on his admission 30.00 (Persons duly admitted to practise by any Ct. of compe- Exemption to tent jurisdiction in Great Britain or Ireland.) it. in-. There shall bo levied, collected, and paid an acreago tax on s4i Acreage each acre of land being part of, or worked with a pi. which tax - contains more than 50 acres under cane cultivation, and on which sugar is manufactured, at the rate following: — For eaeli acre of land under cane cultivation §2.00 For each acre of laud empoldered, but not under i cultivation n - This acreage tax shall be payable by the proprietor of such pi. in such instalments, and in such manner, and subject to such conditions as may be enacted by ord. passed by the < rov. and Ct. of Pol., and shall be exclusively applied in diminution of the amounts payable by the employers of indentured ims. to the im. fund, and not otherwise. See "Acreage Tax Ord." — (Immigration). All moneys payable or leviable under and by virtue of this S 42 Duties to ord. (unless their collection be otherwise specially provided whom paid. for), shall bo paid to the Colonial Eecer. Gen. or assist, do. All penalties, hues, and forfeitures incurred by reason of s 43 Recovery any failuro to pay any amount required by this ord. to be of P emUtltS ' &t ' paid, or by ord. 10, '85 (Colonial Taxes), or ord. 5, '86 (do.), or for any breach of tho provisions of either of the said ords., and all penalties, &c. (as above), to be paid for any breach of the provisions of this ord., shall and may be sued for, prosecuted, and recovered under and by virtue of the pro- visions in the said ords. respectively in that behalf and for that purpose provided and enacted — or in such manner and form as may have been or shall be hereafter declared by ord. of the Gov. and Ct. of Pol. In default of payment, when due or demanded, of any of b44 Recovery tho taxes or dues imposed by this ord. or by any ord. nan- ofdutu ' ! tioned in s. 43 of this ord., the same, with interest at the rate of £6 per cent, per aim. from the day when the same became due and payable, when otherwise not specially provided for, shall be enforced and recovered by the Colonial Eecer. Gen. or assist, do. by parate execution. Ord. to commenco on 1 July'87, and continue till 1 July'88, s45 Durutiun unless otherwiso enacted, &C. 236 Tax Ord. Froeedure under tax ords. "Legal practi- tioners." Ord. 8,'80. S 9 Procedure. Magisterial Law. De Souza v. Anson (26 Nov.'87] Ss. 43 & 44 of 8, '87— technical objections. Appellant contended that the only mode of recovering taxes and dues imposed by ord. 8, '87, WBS by the Colonial Recr. Gen., or asst. do., by parate execution. The respt. relied on s. 3 of 8, '80, s. 9, making offences punishable under summary jurisdiction ords. In a word I hold that, for the purposes of this case (a license), the true meaning is given to the words "specially provided," by ruling that they apply to ord. 8; '80, which relates to a special purpose. As to whether appellant was or not a legal practr., the judge re- market that it was "a matter of common notoriety that the appellant was an habitual attendant at the Courts, and there, duly robed, conducted eases, and that while admitting that he was a barrister, denied that a barrister was a legal practitioner. Attorneys-at-law and barristers are classified under the notnen generate of legal practitioners. (Sheriff, J.) All offences herein made punishable shall be punishable on summary conviction, and shall be dealt with under the sum- mary jurisdiction ords. Ord. 33/80. S 1 Repealed. s 2 Command at fires. s 3 Tolice to obey person in command. "Wilful dis- obedience by police. 278 Fire. Ords. 33, '80, and 5, '80. Ord. 16, '66, and ord. 5, '64, s. 3, and s. 11 (first proviso) [repealed by ord. 16, '66], hereby repealed. On all occasions when there is an alarm of fire, or an actual fire, in the city of G., the eutire control of the measures to be taken shall be vested in the following persons in succession in the order in which they are named : — (1) The supt. of the fire brigade. (2) The senior inspr. of police, at the time doing duty in Gr. (3) Do. present at the scene of the fire, or the alarm thereof. (4) If no inspr. of police be present, the town supt. of G. (5) The managing engineer of the Gr. waterworks. (6) The Mayor of G. (7) The Police Mag. of Gr., or (8) assistant do. In the absence of the supt. of the fire brigade and of the police inspectors : — Every member of the police force present at the scene of the fire, or of the alarm thereof, shall be bound to obey the orders of any person named in s. 2, who at the time has control of the measures to be taken :— - Any member of the police force who wilfully disobeys any order given by any person having control as aforesaid, shall be guilty of an offence : — Fine, any St. J. P., not exceeding §24. Fike. 237 Ord. 33,'80. Ord. 5, '80. •liti'.ii-s. Every information or charge under this ord. must belaid g within 30 days Erom the date of the commission of the offence, of time. Procedure under Bummary jurisdiction ords. — review. lure Fires— Origin of, inquiry ord. '80. " Inquiry "=inquiry under this urd. " St. Mag."=Police Mag. of GK Where any lire occurs rau-iug injury to person or property, s2 inquiry- or in respect'..!' which there is reasonable ground to suspect Bre, that a crime has been committed — or where any occurrence crime, takes place resulting- in serious injury to person or pro- injury,— perty : — The St. Mag. of the district in which such fire or occurrence g|J^^? has taken place, shall (if he considers it expedient, or is n .<>•.- quired by the Atty. Gen. to do so) make inquiry into the t,c ' u - origin of such fire or occurrence. The St. Mag. may summon such witnesses as he may deem b8M *eat^ necessary, and shall examine them on oath touching the matter of the inquiry, and the evidence of every witness shall be taken down in writing by the St. Mag. and distinctly read over to, and subscribed by, such witnesses in the presence of the St. Mag. (a) If any person summoned as a witness at any inquiry s 4 (a) Witness \ I J l .1 • ii'j.1 not uppeannir. shall nc i ; the dissolution of a so., not less than 7 days before it is commenced, by Sf^^J 10 " the person by whom it is taken, or of any order setting it aside, within 7 days after it. is made by the so. No incorporated so. shall insure or pay on the death of a child under 5 s 23 Paji yi ars of age an\ sum of money which, added to any amount payable on n&jldjeu under the death of sueli child by any other so., exceeds $20 : — or on the death of io. a child under 10 years of age any sum of money which, added to any Limitation of amount payable on the death of such child by any other bo., exceeds | No incorporated so. shall pay any sum on the death of a child under 10 -y,, w ),,,,„ pay. years of age: — except to the parent of such child, or to the representative ment may be of such parent :--and upon the production by such parent or his represen- made. tative of a certificate of death issued by the Reg. of Deaths, or oil person having the care of the register of deaths, containing the particulars death after mentioned. Whenever a certificate of the death of a child is applied for, for the ' ' ',"" tJlin purpose of obtaining a sum of money from an incorporated bo., the name P*" of such so. and the sum sought to be obtained therefrom shall be statid to the Reg. of Deaths: — Who shall write on or at the foot of such certificate the words "to be produced to the A. so. said to be liable for payment of the sum of #B" (A. f ' andB. to be properly filled in), and all certificates of the same death shall 248 Magisterial Law. Ord. 11 '83. Fee. Limitation of payments — Registrar's cer- tificate. When Registrar may give certi- ficate. If certificate not the first issued, society to make inquiries before payment. Offences. Payments contrary to ords. Certificate not in accordance ■with ord. False do. s 24 Penalties under this ord. :— Falsification, aren l claiming money on the death of a cJiild, produces any certificate of such death other than is herein provided to the so. or sos. from which the money is claimed : — or produces a false certifi- cate, or one fraudulently obtained : — or in any way attempts to defeat the provisions of this ord. icith respect to payments upon the death of children : — If any person wilfully makes, orders, or alloivs to be made, any entry or erasure in, or omission from: — any balance sheet of a registered society : — or any contribution or collecting book: — or any return or document required to be sent, produced, or delivered for the purposes of this ord. : — With intent to falsify the same, or to evade any of the pro- visions of this ord. : — Fine not exedg. §250. If any officer of the so., or any person on its behalf : — Uses any seal purporting to be a seal of the so., whereon its name is not so engraved as aforesaid [s. 13 b] : — Or issues, or authorises the issue of any notice, advt., or other official publication of the society : — or signs, or authorises to be signed, on behalf of the so., any bill of exchange, prom, note, endorsement, cheque, order for money or goods : — or issues, or authorises to be issued, any bills of parcels, invoice, receipt, or letters of credit of the so., wherein its name is not mentioned in manner aforesaid [s. 13 b] : — Fine $250, and personal liability to the holder of any such bill of exchange, &c. for the amount thereof, uuless the same is duly paid by the so. FbIEHDLI SOOKEIES. 21'J Ord. 11, '83. Every so., officer or member of a so., or tin- person guilty ~~ of an offence under this ord., for which 110 penalty . ..'a^T pressly provided : — Fine $5 &25. 'I penalties imposed or to be imposed (1) by this ord., (2) by any regulations under the same, or 3 by the rules of an incorpd. bo., shall ' ' '- ■ be recoverable onder tho Summary Jurisdiction Ords. before ;u id at the Bail I J and 2) of the Atty.-Gi n., or of any pi reon authorial d by him, or of any person aggrieved, and (3) of th< The pro> isions contained in any ri solution of the Gov. and Ct. of Pol., b28 passed with lvt'nriiee to any bo. incorpd. under this ord., shall 1: ■ ~ iv . ■.- .1 " . i ■ i n ™< i On- ori. Bame enecl as it they wi ce enact d in an ord. The production of a copy of the < ». G. containing a notice of anj lution, order or regulation, passed or made:— or of any direction givi by the Gov. and Ct. of Pol. with reference to any incorpd. bo. or sos., mentioned or referred to in Buch resolution, order, regulation or direction, shall be conclusive evidence that such resolution, &c. has been passed, made or given, and thai the tame has been rightly made and is binding on all, and full effect thereto shall be given by all Cts. of law. When • in this ord. it is provided that any proceedings maybe had or B26Bt.J.P. taken before a St. Mag., i very St. Mag. shall have full power and juris- diction to entertain the same and determine the matter im-i, summarily recoverable . to be published inO. G., as to: — The guidance and governance of the surgeons, officers and vants of the public hospitals in the performance oi th( ir n si i ctive duties. (/>.) The management and proper discipline of the public hospitals, and the . to the dept." read (ord. 9, '86, s. 18) "Medical Inspr." Med. inspr. N.B. — In as. 119 and 123 only, "M. O. to the dept."- "Surgeon Surgeon Gen." (9, '86, s. 17;. General. Inss. 11, 53, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 134, 140a, 141a, 151, 154: — For " District M. O." read (ord. 9, '86, s. 18) "Govt. M. O." med. Ss. 11, 118, 121, 127, 154:— " 1,u ' er - By ord. 9, '86, s. 17, where the M. O. to the Im. Dept. is required, Reports, under the Im. Ords., to report t<> the J. A. (>., now the " .Med. Inspr." shall report in duplicate to the' "Surgn. Grenl.," who shall thereupon furnish the 1 . A. GL with one of the duplicate reports. P. 320. — S. 33, 34. "Surgeon Supt.": this officer's full title is Surgeon Surgeon-sup.r- Supt. of the Ship. (S. 34 of ord. i, '01, repealed by ord. 7, '73. Com- >"'• pare SS. 18— 2] of 9, '86 (Medical). The term occurs also at s. 149. shlp - I'. .'121. — S. 41. So much of s. 11 as enacts that the interest payable on Im, tin amount of i>rom. notes given for any ind. fee, or for any portion P*oi thereof, shall he at the rate of o p. e. per ann., is repealed by s. i i I denture ord. 1, '.S3, as regards all prom, notes given for any portion of any md. fee payable in respect of any im. introduced into this colony after 1 Oct. '82, or who may be thereafter introduced. P. 323. — S. 50. See ss. 1, 2 of ord. 10, '87. The ind. of the parent Covers the child under 10 years at the date of introduction. S. 53. Bee s. ;; of ord. 10, '87, as to property of deceased im. ; and as to administration of same, s. 102 of ord. 15, '87, p. 04. P. 325.— S. 62 is repealed by s. 9 of ord. 2, '87. P. 328.— By reg. 68 under Mining Ord. i, '87, "No East Ind. im. shall be registered unless he produces his certificate of i lemption from labour." P. 330. — S. 77. See a. 2 of 10, '87, as to minors arriving in the colony under 10 years. 252 Magisterial Law Ord. 4 '76. p 334 _S 8G a. Impr. may bow be with or without h. 1., ord. 10, '87, s. 7. This also affects ss. 105 b, 105 d, 106, 109 a, 109 b, 111b, 131, 137, 142a. ,, , P. 343.— Itchay v. Menzies. See now s. 6 of 10, '87, as to Mag.'s power to send defendant to hospital for examn. at his discretion. P. 352.— S. 115. See ord. 30, '80, (" Hospital Regulations") as to control of persons (other than indentured ims.) in estate's hospitals. P. 360.— S. 144 is repealed by s. 8 of ord. 10, '87. See now ss. 4, 5, of 10, '87, as to passports and return passages. P. 362.— Ss. 146, 147, are repealed by 8. 8 of 10, '87, s. 150. See s. 3 of 10, '87, as to how personalty of deceased im. is to be dealt with. As to inquiries being held on deaths of ims. when "unnatural" within coroner's ord., see 7, '87, s. 16 (p. 92), and s. 56, as to coroner's report to I. A. G. (p. 100). As to the administration of ims.' estates, see 15, '87, s. 102 (p. 64). . P. 366.— Every order of a Mag. under 2, '87, is subject to review (s. 10). S. 166, repealed by s. 8, and replaced by s. 7 of 10, '87, impr. hence- forth to be at Mag.'s discretion, with or without h. 1., where previously it could only have been with h. 1. P. 367, line 3 from top, add " or without " h. 1. S. 63, declaration that the provisions of 7, '73, as to legal procedure, apply to this ord. : s. 64, the provisions of s. 4 of 7, '73, with respect to the alteration of forms, are hereby declared to apply to all the forms which are hereinbefore authd. or directed to be used. Case on s. 84 of 7, '73, which s. was repealed by 4, '76. On a charge against two persons, one only may be tried. Charge in one person's name, 331 Part II. — Cases Decided en t the Eeview Court since 1876. I. A. G. (Persaud) v. Christie ('78). This was an application by the I. A. G. for review of the proceedings on a charge preferred by AV. Ord, then being the manager of the Success estate, against P., an Indian im. under ind., who was on the 15th Jan. '77, arraigned as alleged on a " separate and other substituted charge," made by F. Christie, then being the manager of the same estate, and that day tried, convicted, and sentenced on the hearing of such ' ' sepa- rate and substituted charge," to pay a fine of $10, and in default of pay- ment to one month's impr. with h. 1., and his ind. to be prolonged for a year and five days. The charge dated 10 Jan., arraignment on the 15th do., the trial, conviction, and sentence of the im., are all admitted by the notice for review. Reasons for review: — The im. agent on the hearing of the application for review objected that the original charge by O. was made against P. and another im. for desertion, which was not a joint offence ; but he admitted that under a charge against two persons, one only may be tried. The offence in this case was separate, and a separate warrant was issued against P., who was separately tried. The next objection taken at the hearing was, that although the original Immigration. j;.;; charge was preferred in the name of <>., Che oath on which the warrant was issued n is signed by Matheson, and it did not appear who Matheson was. It is stated on the proceedings thai liatheson was an ■ Plantation Success, of which Ord was manager; bul however this may be, it is not material. By the ord. 7, '7 m for deser- tion must hi- laid by the manager, but ft required as a m iterial witness for tfu int., in which case the hi axing may be postponed in order to his appearance (s. 161). The original information was laid by 0. as manager, and the matfa r of the information was substantiated on oath by (Matheson) a witness on Ins behalf, which wis sufficient under ord. 19, '56, s. 11. Moreover, the objection was not raised in the reasons. It was then urged, thai the warrant of apprehension, dated 26 Jan. '76, contained a "false" statement, inasmuch as it recited that information had " this day " been laid before the Mag. thai P., an indentured im. on Plantation Success, in the East Coast Jud. District in Dem., did unlaw- fully commit the offence of desertion by absenting himself from such plantation without Leave, from the 3rd to the 10th Jan. '76. Thi btatement was supposed to consist in the difference of date between the charge by 0. dated 10 Jan. and the 26 Jan.' 76, the date of the warrant. The I. A. <;., who appeared in person, said he did not impute wilful falsehood to the Mag., but he contended that the difference of date vitiated the proceedings. The warrant followed the printed form ( '. in the appendix to ord. 19, '56. The Mag. in issuing the warrant dated 26 Jan. may have con- Bidered thai the information was then laid before him for his warrant "oath being now made" (before the issuing of the warrant) sub- stantiating the matter of such information. The manager might with more reason have complained of the recital, but the objection was not taken in the reasons for review, and there is no ground for saying thai the warrant, following the words of the ord., was invalidated This case is totally differenl from that of Sookoo, in which no warrant \\a^ issued for his apprehension for the offence on which he was tried. It was further urged, that there was no evidence on the hearing before the Mag. that Persaud was guilty of desertion. This objection was not raised in the reasons for review, and there was distincl evidence that Persaud was absent for a year from the pi., and Persaud himself Bald he had been away for m\ months. It was then urged that the charge by Ord ''had abated, as shewn by the substantiated charge" by the present manager of the Kstate. The death of a common informer suing for a penalty may create the abate- ment of an information, but there is no analogy between such a case and this, where a duty is placed on the manager ol a plantation by ord. 7. '7 I, s. 84. The original information was laid by the manager of the pi. according to the provisions of that ord., and on his ceasing to ho manager, the Mag. entertained the complaint of the new manager, who proceeded under s. 159. it was necessary thai a new or Eurtbei m plaint should be made within one week from the date at which the deserter was appn hended, and the complaint was properly made by the then managi r, the n Bpt. In regard to the third reason for review, the alleged want of jurisdic- tion, it appeared on the charge by Ord that he was manager of PI. Success, East Coast. The affidavit of Matheson was sworn befon Mr. II., who was and is, and is admitted to be, a St. Mag. for the colony. The pro- ceedings before Mr. II. as adjudicating Mag. took place "al a Petty Sessions held atSparendaam, in the East Coast district on 16 dan." 7 7, nnd aubstan- s. 161. aoe in not nil vitiate ; . in&s. '■» or diffi rent. Change of not abab cation. Juri- i 254 Magisterial Law. Difference between English and colonial magistrates. Privileges of the I. A. G. in Magistrates' Courts ought not to be abused. when the case of Christie v. Persaud was heard." The evidence and conviction show the same facts, and that the offence was committed at Success pi. within the East Coast District. Mr. Crosby relied upon the ruling of the Court of Queen's Bench in England, Reg. v. Stockton (7 Queen's Bench, 526), where an order of Sessions was quashed for not stating that the adjudicating Mags, were sitting in, as well as for, Kingston-upon-Hull. The Mags, in England are commissioned for a county, whereas the St. Mags, are here commissioned for the colony. Precedents should be used liberally without destroying the spirit by the letter. The cabalistic words "in and for " may not appear conjunctively in close approximation, but they are adequately represented. The proceedings showed that Mr. H., the adjudicating Mag., was commissioned for the colony, and that the offence was committed at pi. Success, in the East Coast judicial district, and that the hearing took place "at the Court of Petty Sessions held at Sparendaam, in the East Coast district,'' and that the conviction was made at Sparendaam. It is the duty of the Executive Government to see that the law in regard to ims. is carried into execution fairly and equitably. For that purpose the I. A. G. is allowed advantages beyond all other suitors. By 7, '73, s. 159, the I. A. G. was allowed fourteen dags after the hearing of a complaint before a Mag. against any im. to make application for review, and a copy of reasons and process required by him must be furnished from the registrar's office, or by the clerk of the J., free of charge. By 4, '76, s. 56, the time for making application for review by the I. A. G. is extended from fourteen days to one month after the hearing; and by s. 54 every St. Mag. is required to furnish to the I. A. G. free of cost a certified copy of any summary proceedings arising out of the Im. Ords., including a copy of the information or charge, the evidence and the con- viction or order. Other suitors or defendants are only allowed ten days to make application for review, and (hey are not entitled as of course to copies of the evidence. It has been the object of Parliament, and of the legislature of this colony, to allow appeals or applications for review to prevent injustice being done, but to discourage and prevent technical objections to pro- ceedings before Mags, not extending to the merits. On this ground, by 5, '68, s. 21, no objection on account of any omis- sion or mistake in any conviction or order, or on account of any defect in any information or complaint, can be allowed by this Court, unless such omission, or mistake, or defect is specified in the reasons for review ; and the Judges of the Court sitting in review (s. 22) are required to give judgment according to the very right of the matter without regarding any imperfection or defect of form. It may be expected that the Im. Dep. shall be assistant to the Mags, in giving effect to the ords. relating to ims., and that some discretion should be exercised in raising objections purely technical, provision being effectually made for the correction of mistakes by Mags, when any in- justice is or is supposed to be done. The application for review is refused. (Snagg, C. J.) Illegally employing immigrant. 335 Kollicherron v. King- (30 Oct.'80) (1). This was an appeal from the decision of Mr. Hawtayne, S.J.P., who had condemned the applicant in review to pay a fine of $24, and $2 costs, Immigration. 255 also to pay to the resp. in review $192, to be levied by distress, and in default to bo imprisoned for six months with h. 1., for employing as a labourer an indentured im. Kollicherron was convicted before Mr. Si J. Hawtayne, at Sparendaam, on the following ohargi " I u that he, tbo said Kollicherron, did, between the dates of Nov. 16'79 and 31 May'80, employ "if Ramtohul, &o. as a labourer, the said R. h ingthen an indentured im. of pin. Bel Air, contrary to s. 90 of 7,'73." It app |nri»- to me that the objection to the Mag. 'a jurisdiction stated under the 2nd ' lllUon flltal - reason is insuperable. [S. 159 of 7, '73 cited.] The evidence in the present case shows thai the cause of complaint -the employing of R. — took place at Oookeriti in K>-., which is not shown to be, nor said to be, within the judicial district of the Mag. making the conviction. It is not as if this lnnl 1» en a oharge of inducing the im. to quit his pi. against the will of his employer. Desertion might rary properly be held to com- mence upon the im. leaving the pi., and such an offence would accord- ingly be cognizable by the Mag. at the district within which the pi. was situated, but the present charge is quite a different one. There is neither averment nor evidence of any employment or contract to employ within the Mag.'s district. On the ground of want of jurisdiction therefore appearing on the evidence, and without discussing the other reasons, the conviction ought to be set aside. Kollicherron v. King (14 May'81) (2). Charge under ord. 7, '73, s. 90, of illegally employing indentured Illegally im. — conviction: fine $12, and $4.32 costs, and to manager of estate to employing im. which im. belonged, " the sum of §192, being §1 for each day that the indentured im. was so employed by deft., K.," to be levied, &c, in default impr. with h. L, 4 months. [The Court held that there was end- den ce to ascertain the number of days and date of employment — evidence commented on.] [The proof of the fact of the im. being indentured at Indenton the time of employment rested on the evidence of an overseer, and the 8 -' 10 - production of the "hid. list" under s. 40.] "This list is not of the nature of secondary evidence, but is original evidence of the indenture, and, coupled with the identification of the overseer, was sufficient." The remaining point urged for the applt., that an illegality seriously Postponement affecting the accused in his defence had been committed by the Mag., in '"' M '"' reason- refusing to errant a postponement of the case for the appearance of a " °' witness. [The case was adjourned 3 distinct times: on none of these occasions a Mag. (who, it appears, had been served, but insufficient ex- penses had been tendered) attended.] The granting of [a further] postponement was in the discretion of the Mag. (ord. 19, '56, s. 22), and Or; it lay on deft, or his counsel to satisfy the Mag. that the postponement was of importance to him, and was reasonable. The reason assigned for M ig. snnmoned calling the Mag. was to show that some of the witnesses for the prosecu- >■ wit tion had made statements before him at, the hearing of the case relative to the same subject matter different to their statements in the i under discussion ; but it was necessary to have cross-examined the Q witnesses as to the alleged discrepancies, both to show that they were '',' material, and in order to let in the evidence of the Mag. as contradictory. ^jmlsL'ion^f This was not done, and although the Mag. may not have been correct in ci.ntrailictory thinking, as it would seem he did, that the evidence given before the evidence. Mag. could be taken from the mere record of his notes, there was no Mag.'s notes. illegality in his declining to give the further postponement . The deft., by the repeated postponements that bad already been given, had most abun- dant opportunity of putting before the Mag. whatever evidence could have been of service to him. (Chalmers, C. J.) 256 Magisterial Law. Case under repealed s. 105 of 7, '73. St. J. V. com- missioned for colony, and not any particular judicial district. "When jurisdic- tion "sufficiently appears." Charge for first offence, punish- ment for second 339 I. A. G. (Sookha) v. Hunter (21 April' 77) ; and I. A. G. (Toola) v. Hunter (21 April'77). The charges, each bearing date 26 Sept.'7G, are framed under the now repealed 105th s. of 7,'73, for " wilful indolence during working hours; and inasmuch as both charges and the reasons for review are verbatim et litteratim identical, the cases may conveniently be considered together. The plea of Toola (if so it may be called) at the hearing of the charge was that he had a friend with him, and therefore went not to work. Sookha alleged by way of excuse that he had a pain in Ms bowels ; but he refused to go to the hospital, as required by the overseer, nor did he make any attempt to see the doctor. The reasons for review were three in number : — With respect to the first of these reasons, I may refer to Taylor on Evidence, vol. 1, s. 126, p. 156 (6th ed.), where it is laid down on autho- rity cited that in cases like the present " every circumstance required by the statute to give jurisdiction must appear on the face of the proceed- ings, either by direct averment or reasonable intendment;" and reading this passage side by side with s. 22 of 5, '68 (cited), I am to consider whether the summary jurisdiction sufficiently appears. The complaint in Sookha' s case is stated to be made by Hunter, of pin. Bath, and is ad- dressed "to P. A. J. Grant, Esq., St. J. P." The overseer in his evi- dence distinctly places pin. Bath " in the Judicial District, West Coast, Berbice, ,: and Mr. Grant, who as all other St. Js. in B. G. is commissioned for the Colony, and not for any particular j'u licial district, is found to be acting on the day when the charge was heard in the judicial district of the West Coast of Berbice, and signs the conviction, appending to his signature the letters "S.J. P.," the meaning of which is obvious. I conclude, therefore, that in Sookha's case the jurisdiction sufficiently appears. The same remarks apply to the case of Toola, but the circumstances of proof of jurisdiction are different. In this case the Mag's, clerk, describ- ing himself as so acting "for the judicial district of the "West Coast, Berbice," produces the record book of criminal cases adjudicated by St. Mags, of the said district, from which it appears that "on 11 Oct. '75, Toola was convicted of wilful indolence at the instance of Hunter, manager of Bath, and sentenced by Mr. Bury, the then St. Mag. for the said district, to 20 days' im. with h. 1." It is clear, therefore, that Toola had been previously convicted in the same jurisdiction and at the same Court, and I infer that if pin. Bath had been without the jurisdiction, the then acting St. J. would have refused to hear the case. On the day of the hearing of the charge in question, Mr. Grant is found to be the St. Mag. acting for the district, and although the question in this case is attended with more difficulty than in the case of Sookha, I neverthe- less think the jurisdiction sufficiently appears. By the second reason it is denied that either charge discloses any offence within s. 105. This, I think, is untenable. If a man absents himself from his work simply because he has a friend with him, a sham illness for the purpose of shirking his duty, surely he must be respon- sible, or the s. was drawn in vain. The reason further alleges an excess of jurisdiction, because the charge is for a first offence only, to which the punishment inflicted was not applicable. In both instances the charge, after alleging wilful indolence on a certain day, ends with the words ' ' previous conviction for wilful indolence' ' (giving the dates of such previous convictions). It is not necessary that a charge should be framed with the accuracy of a pleading, and some meaning must be Immigration. 257 attached to the concluding words, which meaning, I think, is abundantly dear. This objection must also fail. These cases were twice called for hearing', but on neither occasion did Costs- cither of the parties appear. I therefore award then -uppear- the decision of the Mag. in each ease is affirmed. (Love.sy, J.) 342 Brassington v. Raybia (14 Juno'77). This is an application for review of the proceedings on a charge Ord. 4,'7fi, s. 15, preferred by the applicant, the manager of pi. Enterprise, in thi I district, against Raybia, a female im., for that she, on 6 Jnne'77, '"" being then under ind. on that pi., was absent from work on that pi. without lawful excuse from May 1 — 31 last, by means whereof she had become an habitual idler, contrary to Ord. 4, '76, s. 15. The M perceiving that the deft, was a female, ami considering that the s. 15 of 4, '7G did not apply to female hits., refused to entertain the information and charge, and ord< red the ease to be dismissed. The applt. t hen upon made application for review of such refusal and order of dismissal. Ho has since served notice of review on the Mag. and i apt. and forwarded the return of service through the posl to the Reg. The pro- "Waiver of irre- oeedings on the part of the applt. are not regular, nor in e with - n,; s. 11 of 5, '68, but I will dispose of the case as coming befor< me on the £ a ^ prebnu " order of dismissal. The reason assigned for review is that the interpre- tation clause of 7, '73, 8. 3, governs s. 15 of 4, '76, and that the term "male im." in that s. includes female im., and that therefore the complaint should not have been dismissed. The interpretation elan-, provides I every word denoting the masculine gender shall include the feminine gender, unless the context otherwise required. Looking af BS. 1 I, 15, and 16 of 4, '76, and s. 37 of the same ord., the context requires that tin term male im. in s. 15 shall be construed as not including a female im. The term of service of a female im. duly adjudged to have been absent from work without lawful t sccuse, would be prolonged under s. 7 for the period during which she had been so adjudged to have been absent. The decision of the Mag. was right, and the application for review will be dismissed, with costs. (Snagg, C. J.) I. A. G. (Abdul Rehrnan) v. Robinson (3 Juue'S7). "Without lawful excuse absenting himself from work. The charge being absence from work, it was ultra vires of the Mag. to adjudicate. The offence of absence from work is not Cognisable by Bias in isolated instances, bul falls to be dealt with by the Imn. Dept. under s. 24, and a number of succeeding ss. of ord. i. '76 ; and it is only w by repeated offences of absence the im. has qualified under b. 15 as " the habitual idler," that the offence of absence from work comes under the jurisdictiou of the Mags. (Chalmers, C. J.) 343 Bullock v. Bussunteab (3 Nov.' 77). This is an application by the applt., manager of pin. Providence, in ftesenoe of im. the Berbice River Judicial District, to review the proceedings on a Jjj^fj P. 8 258 Magisterial Law, is to be begun is not necessary to sustain charge of neglecting to begin. charge against respt., a female indentured im. on that pin., for that she being then under ind. on said pin. did, on Saturday, 21 July last, without lawful excuse, neglect to begin certain work, to wit, to weed and trash one row of canes in field No. 3, pin. P., which said work the said Bussunteah had been directed to do by the order of J. H., then being an overseer employed on such pin. J. H., the head overseer, proved that on Saturday, 21 July, he gave instructions to respt. and others to do certain work. He told each woman separately, and he told the respt. to go and trash canes in No. 3. The orders were given in the manager's yard. The overseer went to the field about noon, and the respt. was not there. She never went to the field at all. The Mag. dismissed the case, as he considered it one in which the deft., if guilty, was guilty of unlawful absence from work, and that the im. to be guilty of neglect to begin work, must at least be present at the place where such work is to be begun. I am of opinion that in order to substantiate the charge of neglect to begin particular work when required, it was not necessary for the im. to be on the spot when ordered to do such work, and I refer the proceedings back to the Mag. to hear the whole case and adjudicate on the evidence. (Snagg, C. J.) Ord. 19,'56, s. 20. Accused should understand the charge. Plea "guilty," accompanied by explanations. Ord. 4,'76, s. 16. Averment that im. resides else- where, not necessary. I. A. G. (Ghasitay) v. Dawson (7 Sept.'78). Charge : — unlawfully absenting himself from the pin. without leave — conviction : fine $3, and costs 72c, in default 14 days impr. with h. 1. The sixth reason was : — " Because the plea of guilty is a nullity, of no legal effect, and void. For if a plea at all, it was a plea of not guilty, and should have been so recorded." Ord. 19, '56, s. 20, cited. In any case, and especially where the intervention of an interpreter is required, the greatest care should be taken to ascertain that the accused fully comprehends the charge, and intends to admit the truth of it before such a plea is recorded. In this case the substance of the complaint seems to have been stated to the accused — it does not appear whether through an interpreter or not. The plea of the accused was in these words : — " Guilty ; I sat down, I did not go to hospital." If the word "guilty" had stood alone, the Mag. would have been justified in proceeding to convict and sentence the accused, but even so, I consider that it would have been safer for him to have taken and placed on record some evidence to show under what circumstances the offence was committed, so as to be able to apportion his sentence. But the plea, as recorded, is not an unqualified plea of " guilty." " I sat down, I did not go to hospital," leaves it in doubt whether the accused clearly understood that he was charged with having been absent from the pin. I, therefore, before entering upon the other reasons, caused the proceedings to be referred back to the Mag., with an intimation that he should take the evidence which, as I have indicated, I thought to be necessary. The Mag. re-opened the case, recorded the plea of not guilty, and took evidence and convicted and sentenced the accused as before. The case came up again on the 24th Aug., the I. A. G. again appear- ing for the applicant for review, and the respt. not being represented. It was argued that the offence with which the accused was intended to be charged was the offence created by s. 16 of 4, '76 — failing to reside on the pin. on which he is indentured, and that to charge that offence it is not sufficient to aver that an im. was unlawfully absent from the pin. whereon he is under ind., without also averring and proving that he resides else- where. I am not able to concur in this argument (s. of ord. cited). Unlawful absence from ' ' his ' ' pin. without leave was an offence under Immigration. 259 h. 105 of 7, '73, which was repealed, ami b. 1G of i, '76 was enacted instead. The new s. .sets out the obligation of every indentured im. to n aid* on the pin. whereon he is undez had., and enacts that if tueh im. Bhall unlawfully absent himself, &C, the offence is unlawful absence without leave, and this appears not only from the wording 1 of the 8., but from the Form.; in ached., which the I. A. G. admitted had been followed exactly. (After a few comments on the evidence, the Mag.'s decision was affirmed.) (II. King, A. C. J.) I. A. G. (Beerungeal) v. Bascom (7 Sept.'78). The charge was the same as in Qharitayv. Dawson. The information, as Indf-nture allot- in the case of < Hitisitmj, is in the words of the Form 5 in the sched., ref( Med ment list ia to in s. 10 of l, '76. ' The accusi d pleaded not guilty, and the Mag. took £u£oi l" l ^ T evidence and convicted her, and adjudged her to pay a fine of (1, or in default to undergo :; days' impr. with h. 1. From this decision the I. A. G. appealed, tiling three reasons of review, and he appeared in per- son to prosecute the appeal, the respt. not being represented. The firs! reason is similar to the first reason in the case of Ghasitay, and raises the same question. As I have already decided that the offence made punish- able by s. 1G, 4, '76, \& unlawful absence from the pin. without leave, it is not necessary for me in this case to deal with that reason. The second reason, which is that if the accused did absent herself from the pin. without leave, she was merely absent from work without lawful excuse, a matter not cognisable by a St. J. P., but solely by the Im. Dept., falls with the first. The lGth 8. of the ord. expressly enacts that if such im. "unlawfully absents himself," &c., he shall be guilty of an offence, and on conviction shall be liable to pay a fine, &c, words which clearly imply that the com- plaint is to be made before a St. J. P. ; and the Form 5 already mentioned is the form of an information and charge when before a person acting as the St. J. P. of a judicial district. The form given for the report to the' I. A. G. that an Indian im. has been unlawfully absent from work with- out excuse, under s. 25, 4, '76 (No. 11, sched.), is of a totally different nature. The evidence of the manager is that Becrungeal's ind. is dated 3 Nov. '75. " I produce," he says, " the General Register of Ims. kept on the estate." To this evidence exception was taken under the 3rd reason of review, aud in support of the exception, I was referred to a decision of the late C. J., in which, as I understood the I. A. G., Sir \V. Snagg wis said to have ruled that the General Register of Ims. is not evidence in complaints under the Im. Ord. In the case cited, Crosby v. Seears, the Crosby v. Seears. Mag. was stated to have received as evidence of a previous conviction the register of convictions produced by the manager of the pin., and the late C. J. ruled that " that register is not made evidence by the ord. as the documents mentioned in s. 10-1 " of 7, '7-1. In the present case the Mag. adjourned the hearing for the production of the " Register of Ems. which was hit behind by accident," and when the hearing was resumed the witness produced the "General Register of Ims. kept on the estate." I was at a loss to understand how the General Register of Ims. mentioned in 8. 76 of 7, '73, and given as Form 7, could be kept on any particular estate and produced 1 1 y themanag< r ot it. I therefore caused a communi- cation to be addressed to the .Mag. asking him to ascertain the 62 nature of the document called for and produced, by taking evidence ox otherwise, and to inform the Ct. The Mag. has been good enough to supplement the evidence by re-calling the managi r, wh<> swore that the " General Register of 1ms. kepi on the estate is ;i oopy of tic ind. list sent on the estate when the ims. an' allotted, and was signed by .Mr. 1 b my "Walpole, Sub-I. A., as correct on 1) April'75." This evidence confirms s2 260 Magisterial Law. my impression, that the document put in before the Mag. was one of the documents made evidence by s. 164 of 7, '73. The incident shows how important it is that those who make complaints under a statute or ord., as well as those who take evidence and adjudicate under either, should employ as far as possible the very words of the written law and of the forms con- tained in it. It may be fairly assumed in this case, that the I. A. G-. knows what are the documents kept on an estate to which the manager would have access and could produce ; and if so, it would have been better if he had abstained from hanging a technical objection on what was evidently a misdescription of a familiar document. "Any ind. list " referred to in s. 164 of 7, '73, is legal evidence of the im. being under ind., and the 3rd reason falls to the ground with the preceding two. The Mag.'s deci- sion is quiet correct, and it must be confirmed, with costs. (King, Actg. C.J.) Bagot v. Gunga (3 April' 80). Condonation, In this case the respt., an indentured im. on pi. A., was charged with when possible. having neglected, without lawful excuse, to begin certain work allotted to him on the pi., and the Mag. dismissed the case on the ground that the complt., having allowed the deft, to do the work on a subsequent day and paid him, had condoned the offence. Now, although a private injury may generally be discharged by the agreement of the person injured, it is different with an offence which is considered to be an injury against the community as well as against a particular individual. No discharge or forgiveness of the individual can be of effect in such a case. I am therefore of opinion that the Mag.'s decision, with reference to the evi- " Lawful dence recorded and on the grounds stated for it, was erroneous. It is excuse" must be possible the deft, may have had a lawful excuse, which might have been proved. a Sli fg c i e nt answer to the charge, but it does not appear that he called upon him for his defence. Order recalled, and matter remitted to Mag. (Chalmers, C. J.) Ord. 4,'76, s. 17. Absence of law- ful excuse must be alleged and proved, where it forms part of the description of the offence. Ord. 4,'76, s. 16. " Unlawfully absenting' ;" ? period. Review of the circumstances that lead to an im. being an "habitual idler." Dawson v. Gopaul (29 Sept.'83). Im. Ord. '76, s. 17. The absenceof lawful excuse is of the direct descrip- tion of the offence with which Gopaul was charged, and the case of the prosecution was not established without some evidence (although slight evidence might have sufficed) of there being no excuse. (Chalmers, C. J.) Dawson v. Nundlall (12 June'85). On a charge of unlawfully absenting himself without leave under s. 16, the Mag. held, as a matter of law, that there was no breach of the enact- ment by an absence from the estate of less than a day and a night, or 24 hours, and that the evidence pointed to an absence of a day only. Under ord. 4, '7G, there is — 1st, desertion, if the im. shall without leave absent himself for 7 days from his pi. (ss. 10 — 13) ; 2nd, absence from work without lawful excuse, this offence being committed in either of the three ways enumerated in s. 14. The absentee from work becomes the " habitual idler" if he repeats the offence in 24 hours in any one or in two consecu- tive months ; and 3rd, there is this offence under s. 16. There is some difficulty in construing this s., from the circumstance that, whilst in the first clause an obligation is imposed on the im. "to reside on the pi. whereon he is under ind.," different words are employed in the second clause in imposing a penalty, viz., "if any such im. shall unlawfully absent himself from such pi. without leave, he shall be guilty of an offence," &o. I consider, however, that unlawful absence under this clause includes breach of the obligation of residence ; if it did not, I.MMI'.KATIn.V 261 there would be ao penalty attached to such breach. To reside on the estate, according to the ordinary use of theword, has n I the nnanent dwelling— the place in which he habitually r. sts and sleeps after his day's work, and to whirl, he habitually return parts from it temporarily on busi rare. The obligation Ori of the ini. to reside is the com lative of the employ* r'a obligation to pro- vide suitable dwellings ui ~-'>- ; - ss. l-'i-'v- The im. is bound to inhabil the dwelling which the employer is bound to provide for him. This is the meanin tion of residence, which dis- d the words of thefirsl claua of the 8.: i bviously ii would Temporary riolated by temporary absence from the estate during the daytin* . Thenhas the penal clause any other effect than for the enforcen l ) lt . ;; , bsi nee which is d from breach of residence? 1 think not— 1 be sound interpretation to roppose a further offence to I by impli- cation in a clause which is primarily directed to a differenl purpose : and 2ndly, having reference to the ss. relating to unlawful absence from wmi-, it would be in effect to hold that an im. absent without L during the day might be proceeded against in two different ways, in- volving different modes of adjudication and different penalties; and, taring the minuteness of detail in the several provisions of this ord., it is most impn I it was intended to give to the employer an option of this nature and exti n1 ; and if it was intended, it would have been distinctly so stated. The only clause of the ord. which might, per- Oi haps, atfirstsight be taken to show that the framers intended to create - v an offence of absence from the pi. other than breach of residence, or than B ', absence from work, is s. 23, which provides that an im. absenting himself from his pi. on reasonable grounds and under certain - in order to make a complaint before a Mat,-., &c, shall not be liable to beadjudg .1 to have been " absent from work, &c. . . . grants," or within the time Absence during necessary for going and returning. But it is sufficiently obvious that the daytime only. necessary time might extend beyond the limits of a day of daylight; hence the provision is neither superfluous, nor does it raise any inference that the offence of absence from the pi. was incurred by absence during the daytime only. lam thus of" opinion that the question in this appeal falls to be Absence during answered in the negative, and that the -Mag. was right in so far as he adayonly. held that, absence during a day only would not suffice to convict. I do not concur in the further opinion stated by him, that the offence Periodneednot under s. 16 could not be constituted by absi ' 38 than a day and beMhoum. night, or of '2-1 hours. Ord. 7, '73, b. 83, to which the Mag. refers, entitles ims. to a limited Ord. -,'73, s. 83. Leave of absence at a rate proportioned to certain periods of consecutive service. The unit of computation for this purpose is a day and night, but that does not show that absence for a shorter period without leave would be lawful. Adjudication affirmed— no costs. (Chalmers, 0. J.) 345 Crossley v. Ramchurn (15 March'81). Ord 4 '76,8.23. Two certificates by a Sub-I. A. were put in, and (M the Mag. dismissed the cm- without hearing tto prosecution. The certi- '"'f" 1 ^:"^- ficates turned onl to be dated 6 days after the date of the charge as well ,' vim / as generally out of order. Case remitted to the Mag. kirk. . A. J.) 262 Magistebial Law. Ord. 4, '76, s. 23. Informal cer- tificate. Monkhouse v. Sing (11 March' 82). An informal certificate under s. 23 was put in, and the Mag. struck off the case. The certificate produced had no clause that the absence was for reasonable cause— it did not appear that the im. had been refused a pass by his employer— the im. did not produce the certificate to his em- ployer on his return. The charges, against which the certificate is a pro- tection, were different to the actual charge brought against the im. It was the duty of the Mag., under 19, '56, to hear the case in full— order reversed, and referred for re-hearing. (Chalmers, C. J.) Old. 7,'73, s. 124. 355 Welehman v. Mongree (26 Nov.'Sl). Ord. 7, '73. Hospital case book. There was no proper formal judgment in this case. (Semper, J.) Ord. 4,' 76, s. 51. Two matters of complaint. Harbouring _ several ims. is one matter. 361 Webster v. Birch (9 April'81). Ord 4 '76, s. 51, harbouring ims. with intent to carry out of the colony, &'c. Fine of $200, being §100 per im— " The said sum of $200 to be recovered in terms of s. 51, &c." Objection.— -Two matters of complaint. Although it is quite true that more than one offence may not be joined in a complaint, the real question is whether the charge against the appt. here was indeed for more than one offence. Now, having regard to the structure of the s. under which the appt. was convicted, it appears that where more ims. than one are received or harboured for the purpose of beino- carried out of the colony, at the same time, onboard the same ship, the offence may be tried and punished as one offence. This is shown in particular by that part of the s. which gives an alternative impr. in default of payment of the fine. The term of impr. is alternative on the non-payment of the fine as a whole : although the fine itself is cumulative, the alternative impr. is not so, and the impr. is not distributable in respect of the several ims. who may be harboured. Hence I think it is plain that the harbouring of several ims. was intended to be dealt with when it occurred in the same charge, and as one offence. (Chal- mers, C. J.) Ord. 7,'73, s. 90. Jurisdiction to be formally proved. S. 159. 365 Jeenauth v. Brand (25 March'82). Ord. 7 '73, s. 90. — Wrongful employment of immigrant. The' reasons of review raise an objection to the Mag.'s jurisdiction. By s. 159 of 7, '73 all complaints under the ord. are to be made before the St. Mao-, o'f the district in which the offence was committed : there- fore, in this case evidence of the employment by the appt. of (the im.) Immigration. 263 within the judicial di.-trict, was'essential in showing the juri- of the Mag. Th< re is • ridence of such emploj au a\ at pL bul i denoe showing where this pi. is situated. I need aot speculate whether there may be a pi. of this name within the district and known tv deter- t,'. ruination of tin- ind. of the relative or friend under whi charge .such im. has been introduced, and shall be di emed t<> be under ind. t<> the employer, to whom Buch relative or friend is indentured, until Buch event as aforesaid. At the determination or expiration of tho ind. of such relative or friend, every im. who has been introduced under the age of 10 years shall be entitled to a certificate of exemption from lahour, whether he has been indentured or not. A sub-agent of im. shall collect and take possession of all ( s f ^ 1 , 1 '' r "^'", lIty the property of any indentured im. who dies in his district, immigrant, how and, with the sanction of the Im. A.-G., deliver or pay the deoiuwth. same to any person who establishes a right to it, or, in the absenco of any such person, shall convert tho whole into money, and pay over the amount realised to the Col. liec. Gen., to be remitted to the persons in India, or elsewhere, who may be entitled to tho same. Passports and Return Passages. Every Indian im. who has obtained or become entitled to a s4rassporta. certificate of exemption from labour, and who may lie desirous of quitting the colony, shall apply to the Im. A.-GK for a passport : — and thereupon the Im. A.-Gr. shall, within one week from the date of such application, deliver to him, free of charge, a passport good for 14 days from the dale thereof, and shall register such passport in the register of exemptions from labour: — and the certe. of exemption from labour of such im., and his right to receive such certe., shall be there- upon suspended. Every Indian im. who has completed a continuous residence s5i of 10 years in the colon}', and has during that time obtained or j, 1 ,- 1 . become entitled to a certe. of exemption from labour, shall be entitled to be provided, at the expense of the colony, with a passage back to the port whence such im. sailed from India for himself, for every son and daughter, and for the husband or wife of such im. Provided as follows : — (1.) No son or daughter born in the colony of any Indian Chfldran im. shall be entitled to a passage to India unless sailing from J", 1 , ',),',',',' i ny '' this colony with his or her parent : t- 1 " nl (2.) "Where any son or daughter of any Indian im. is under Powwo* i the age of 12 years, the Gov. may refuse a return passaj .. r u. a passage to India to an)- such son or daughter, it it appears that it is desirable, in the interests of the child, that the child should remain in the colony : 268 Magisterial Law. Ord. 10/87. Free im., release of indentd. wife, &c. by purchase. Leaving without passport — free passage for- feited. s 6 Power of St. J. P. to send ims. to hospital. S 7 Impr. for im., with or without h. 1. (3.) If the wife or child of any such im. be under ind., upon which any bounty or ind. fee has been paid, he shall pay the commutation money to the employer of such wife or child, as the case may be : and (4) Every im. who at any time quits or attempts to quit the colony without a passport shall thereby forfeit all claim to a back passage at the expense of the colony, notwithstand- ing he may have resided 10 years in the colony. Where in any proceedings before a St. Mag. against an im. under ind. it appears to the St. Mag. that such im. requires medical care or to be medically examined, the St. Mag. may order such im. to be taken to the hospital of the pi. on which such im. is indentured, and thereupon such im. shall be con- veyed by the police and admitted to such hospital. Every such im. so ordered to be taken to hospital shall be subject to the provisions of s. 131 of 7, '73, in the same manner as if he had been sent to the hospital by the manager. When any such order is made the proceedings may be adjourned to any time mentioned, or until after such im. is discharged from hospital ; in which latter case the St. Mag. before continuing the proceedings shall cause proper intima- tion to be given to the parties of the time and place at which the proceedings will be continued. Any St. Mag. who orders any im. under ind. to be impr. by virtue of any conviction under the im. ords. '73 to '76 may order such im. to be impr. either with or ivithout h. I. Ord. 7,'87. s 16 In case of ims., who is the nearest coroner. Ord. 7, '87— " The Coroner's Ord." Where the death of any im. is an unnatural death within the meaning of this ord., and such death occurs on any pi. , the Mag. of the district in which the pi. is situated shall be deemed to be the nearest coroner, and he shall forthwith hold an inquiry. In this s. the terms im. and pi. have the same meaning as in the Im. Ords. '73 — '76, or in any ords. hereafter to be passed relating to ims. (See also s. 56, as to coroner's report to I. A. Gr., p. 100, supra.) Ord. 28,'80. Preamble. Acreage Tax Ord. '80. Whereas by ord. 6, '80 (Colonial Taxes), it is enacted that the proprietors of certain pis. therein described shall pay an acreage tax to be appropriated in diminution of the amounts payable by the employers of ind. ims. to the imgn. fund, and not otherwise : — And whereas it is expedient to make provision for the due Immigration. Ord. 28. '80. collection of an acreage tax whenever the same shall be levied : be it, &c. " The Acreage Tax Ord. '80." s l i The proprietor of every pi. in respect of which any acreage tax is payable shall, on or before the third Tuesday in |. Sept. '80, furnish to tho Crown Surveyor a return (form in sched.), filled up and signed by such proprietor, with a declara- tion signed by such proprietor that the statements contained in such return are, to tho best of his knowledge and belief, true and accurate. When the proprietor is absent from the colony, the obliga- orati tion to furnish such return in manner aforesaid shall bo on tho attorney in this colony of such proprietor. Every such return will givo the information required for tho foreman* 6 months ending on 30 June'80. The proprietor of any pi. or land, in respect of which any s p Half-yearly acreage tax is payable, shall, on or before the 31 Jan. and July in each year, furnish to the Crown Surveyor a return (form in sched. (see s. 4), or in such other form as may from time to time be authorised and approved by resolution of 1 1 Gov. and Ct. of P.) duly filled up (&c, as in s. 2. Attorney to act for absent proprietor as in s. 2). The return to be furnished in Jan. shall give the informa- Period* tion required for tho G months ending on 31 Dec. in tho previous year. The return to bo furnished in July shall give the informa- tion for the G months ending on the 30 Juno in the same year. Printed forms of every return required to be furnished by s 4 I the proprietor or his attorney under this ord. shall be supplied by the Crown Surveyor to every person reasonably requiring the same. The Crown Surveyor, or any surveyor employed by tho s 5 rho kin- Crown Lands 1 department, and any person employed with him, -"J. may enter at all reasonable times upon any lands, in respect of which any acreage tax is payable, after giving 7 days' previous notice in writing to the proprietor of such lauds, or his attorney, and may survey and measure the same : — Every person who obstructs the Crown Surveyor, or any sur- Ob*fructing very or employed by the Crown Lands Department, or any person P*™ 88 ™ employed with the Crown Surveyor, or with any such surveyor, shall be guilty of an offence (summary) : — Fine, not exedg. §50. When an acreage tax is levied on lands under canecultiva- ^ G " I r". tion, the land to be deemed under cane cultivation and liable for cane cultjra- the payment of the tax shall includo all tho land lying between tlou- " 270 Magisterial Law. Ord. 28, '80. s 7 Tax payable in two instal- ments. s 8 False returns. No return. Incomplete return. Continued offence. S 9 Crown Sur- veyor's certifi- cate, how long good ; how tested as to accuracy. Costs. S 10 On pay- ment, produce certificate. the cane plants, and the land occupied by the small drains and parapets in any cane field. Unless otherwise directed by the ord. levying the tax, the acreage tax shall be payable in tivo equal instalments, one of which shall become payable on the 1st June, and the other on the 1st Dec. in each year. Every person toho wilfully states in any return under this ord. what he knoios to be false shall be guilty of an offence (sum- mary) : — Fine, $240. Every perso?i who fails or omits to furnish to the Crown Sur- veyor (within the time prescribed by this ord.) any return (required by this ord. to be so furnished) duly and fully filed up (so far as such person is able so to do), shall be guilty of an offence (summary) : — Tine, not excdg. $24. And shall be liable to a like penalty for each period of 7 days during which such failure or omission may continue after any such conviction. On receiving any return required by this ord. to bo furnished, the Crown Surveyor shall give a certificate to the proprietor of the pi. or land in respect of which the acreage tax is pa} r able, stating the number of acres in respect of which the acreage tax is payable ; and while such certificate remains in force the number of acres stated in such certificate shall be deemed the number in respect of and for which the acreage tax is payable. If the certificate is given after the 1 Jan., and before the 80 June in any year, it shall remain in force until the 30 June then next ensuing and no longer : — If given after the 30 June, and before 31 Dec. in any year, it shall remain in full force until the 31 Dec. then next ensuing, and no longer. If the proprietor of any pi. or land, in respect of which any acreage tax is payable, or his attorney, considers that the number of acres stated in the certificate of the Crown Sur- veyor is not the correct number, such proprietor, or his attorney, may require that the pi. or land shall be surveyed, and thereupon, as soon as it is practicable to do so, the said land shall be surveyed by the Crown Lands Department, at the expense of the said proprietor, or his attorney, and such expense may in default of payment be recovered by parate execution. Every amount due for acreage tax shall be paid into the colony chest, and any person paying such tax shall be bound to produce the certificate of the Crown Surveyor (then remain- Immigration. 271 Ord. 28/80. ing in force) stating tho number of acres in respect of which the tax is payable, and unless such certificate be produced by such person, the officer to -whom payment is tendered .-hall not receive any amount on account of such tax from Buoh person. Every amount for acreage tax may bo recovered at the in- Beoowyoftax. stance of tho Colonial Rec.-Gen. by parate execution agaii the proprietors of the pi. or land in respect of which it is payable, without naming such proprietor. A certificate purporting to be signed by tho Crown Surveyoi . stating the number of acres liable to taxation, and the amount ' u ' ' due from the proprietors of the pi. or land mentioned therein for such tax, shall, without proof of the signature, bo deemed primd facte proof in all courts of law that tho sum so certified to be due is so due and owing. The Colonial Rec.-Gen. shall cause tho Crown Surveyor to k<" ivr- be furnished, on or before the 2nd Tuesday in Jan. and Jul; :i tsS^ in each year, with a statement of the amount paid in by the proprietor of each pi., or separate portion of land, during tho previous six months. The Crown Surveyor shall furnish to tho Colonial Bee.- CrwimSinv Gen., on or before the 3rd Tuesday in Jan. and July in each o'n 7 year, a statement of all persons in default of payment of any arrear. acreage tax due by them. By s. 1 1 , this ord. shall not apply to any acreage rate im- posed by any authority other than by the Gov. and Court of Pol. in combined Court. 352 The Hospital Regulations Ord. 80. Whereas hospitals are bylaw required to be provided for Ord. 30/80. ims. indentured on pis. ; and whereas many persons (other than ind. ims.) are often admitted to such hospitals ; and whereas it is desirable to provide regulations for the control of such persons : be it, &c. (Title, s. 12.) In this ord., unless the context otherwise requires : — "Hospital" = a hospital duly certified as required by b 1 Definitions, s. 1 16 of ord. 7, '73. " Patient "= any person, male or female 'other than an in- dentured im.), admitted with his or her own consent: — or without in case of inability to express consent): — into any hos- pital, for medical treatment. ■• Manager"= the person for the time being having the per- sonal charge or superintendence of a pi. 272 Magisterial Law. Ord. 30,'80. ss 2, 3 Regula- tions. S 4 To be ex- hibited in hospitals. S 5 Entry of patients. Certificate A., evidence under s. 6. s 6 Breach of regulations. S 7 Manager to prosecute — hut need not attend, unless a witness. s 8 No proceed- ings without Certificate B. orC, to be attached to charge, &c. s 9 Certificates A., B. and C. made evidence The colonial Surg.-Gen., with the assistance of the medical officer to the irnra. dept., shall from time to time make such regulations as to him may seem necessary for the control of patients: subject to the approval of the Gov. and Ct. of P., and after approval shall come into operation on publication in the 0. G. A printed copy of the regulations shall at all times be kept suspended in every hospital in the colony, in such place and manner as to be easily seen and read. For this purpose the Im. Agent Gen. shall supply a printed copy of the regulations to the manager of each pi., on or be- longing or attached to which there is a hospital. The district medical officer shall enter in the hospital case book the date of admission and name of each person admitted into the hospital : — And such person, until discharged by the Dist. Med. Officer, shall be deemed to be a patient :— and in any proceeding against a patient for an offence under s. 6, a certificate (form A., sched.) may be given in evidence. Every patient who acts contrary to any of the regulations shall be guilty of an offence (summary, s. 10) : — Fine, not excclg. $10. In default of payment or sufficient distress, impr., with or without h. 1., not excdg. 30 days. In any proceedings taken against any patient for any such offence, the information or charge shall be laid in the name of the manager {but it shall not be necessary for the manager to attend, unless he is required to give evidence on either side) [within 30 days from the date of the offence, s. 11]. No summons shall be issued or warrant granted with respect to any information or charge laid under s. 7, unless at the time of the application for the summons or warrant there is produced to the Mag. a certificate (form B. or C., Sched. I.) signed by the district med. officer, stating that in his opinion the patient is able to appear to answer to such information or charge, without danger to such patient's health : — Or that such patient has been discharged from the hospital by such medical officer : — Which certificate the Mag. shall cause to be securely attached to the information or charge, and such certificate shall be kept with and form part of the record of the pro- ceedings (if any) had or taken with respect to such informa- tion or charge. In any such proceedings taken against a patient a certificate (in any of the forms in the Sched. hereto), purporting to be Immigration. _; Ord. 30,80. signed by the distrid medicaJ officer, Bhall, on proof thai the person charged is the person named in the certifical received without further proof as evidence of the facts statt 1 in such certificate. [Semblr — Certificate A. had already been ma • uudor h. 6, only penal clause of the whole ord., and is not affected by b. 8.] Every information or charge under the provisions of this sin ord. Bhall be laid or made before the St. Mag. of the district Jun '" 1 ' ' in which the offence was committed, and the procedure shall i: be thai provided by the summary jurisdiction ords., and shall be subject to the review thereby provided. No such information or charge shall be entertained unless b 11 Limitation it is laid or made within 30 days from the date of the offence. "' "'""• 369 Insolvents. Debtor's Ord. 21, '84— Part II. Ord. 21, '84. Any person adjudged insolvent, or in respect of whose estate B 7 Punishment a receiving order has been made, .shall, in each of the cases jj/ 1 ,;'." 1 " 1 ''" 1 following, be deemed guilty of a misdr. : — Impr., with or without h. 1., not excdg. 'J years. (1.) If he does not, to the best of his knowledge and belief, i fully and truly discover to the Admor. Gen. adming. his estate "; " fur the benefit of his creditors all his property, moveable and immoveable, and how and to whom, and for what cons, ,11.. and when ho disposed of any part thereof : — except such part as has Leon disposed of in the ordinary way of his trade it' any or laid out in the ordinary expense of ins family : — unless the jury is satistied that he had no intent to defraud. (2.) If he does not deliver up to the Admor. Gen. for as he non-delivery of directs) all such part of his moveable and immoveable property l1 "' as is in his custody or under his eon/nd, and which he is required by law ta deliver up:— unless the jury is satistied that he had no intent to defraud. (3.) If he does not deliver up to the Admor. Gen. [or as hi orol directs) all boohs, documents, papers and writings In his custody, or under Ins control, relating to his property or affairs: — unless the jury Is satisfied that he had no intent to defraud. (•!•) If, a fter '/"' presentation of an insolvency petition by or Oonceaix r. i 274 Magisterial Law. Ord. 21, '84. Removal. Omission. False debts — not informing as to. Preventing production. Falsifying books, &e. False entries. Tampering with documents. Fictitious items of account. "Within 4 months getting goods on credit by fraud. Do., as a trader. Pledging(trader) goods on credit. Fraudulent agreement with creditors. against him (or within 4 months next before such presenta- tion), he conceals any part of his property to the value of $50 or upwards :— Or conceals any debt due to or from him: — unless the jury is satisfied that he had no intent to defraud. (5.) If after (&c, as in 4 . . . presentation), he fraudulently removes any part of his property of the value of $50 or upwards. (6.) If he makes any material omission in any statement relating to his affairs -.—unless the jury is satisfied that he had no intent to defraud. (7.) If knowing or believing that a false debt has been proved by any person under the insolvency, he fail for the period of a month to inform the Admor. Gen. thereof. (8.) If, after the presentation of an insolvency petition by or against him, he prevents the production of any book, document, paper, or writing, affecting or relating to his property or affairs: — unless the jury is satisfied that he had no intent to conceal the state of his affairs, or to defeat the law. (9.) If after (&c, as in 4 ... . presentation), he conceals, destroys, mutilates or falsifies : — Or is privy to the concealment, destruction, mutilation, or falsification of: — any book or docu- ment affecting, &c, as in (8). (10.) If, after (&c, as in 4 ... . presentation), he makes : — Or is privy to the making of: — any false entry in any book or docu- ment affecting, &c, as in (8). (11.) If, after (&c, as in 4 ... . presentation), he fraudulently parts with, alters, or makes any omission: — Or is privy to the fraudulently parting with, altering or making any omission : — in any document affecting or relating to his property or affairs. (12.) If, after (&c, as in 4 ... . against him), or at any meeting of his creditors within 4 months next before such presentation, he attempts to account for any part of his property by fictitious losses or expenses. (13.) If within 4 months next before the presentation of an insolvency petition by or against him, he by any false representa- tion or other fraud has obtained any property on credit and has not paid for the same. (14.) If{&c, as in 13 ... . him) he (being a trader) obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit, and has not paid for the same : — unless the jury is satisfied that he had no intent to defraud. (15.) 7/'(&c, as in 13 .... him) he {being a trader) pawns, pledges, or disposes of, otherwise than in the ordinary tvay of his trade, any property ivhich he has obtained on credit and has not paid for, unless (&c, as in 14). (16.) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors, or Insolvents. 275 Ord. 21,'84. any of them, to any agreement with referena to his affair* or his insolvency. If (i/u/ person who is adjudged insolvent (or in respect o\ s whoso (.-state a receiving order has been made after the presentation of an insolvent petition by or against him, or within l months before Buch presentation] quits the colony and takes with him: — Or attempts or makes preparation for quitting the colony, and far taking with him : — any purl of his property to the amount of $100 or up/curds, which ought by law to be divided amongst his creditors, he shall unless the jury is satisfied thai he had no intent to defraud) be guilty of a misdr. : — Impr. with or without h. 1. not exedg. 2 years. Any person shall in each of the cases following be deemed ffi^ ffi};. guilty of a misdr. : — credit Impr. with or without h. 1. not exedg. 1 year. (1.) If in incurring any debt or liability he has obtained credit under false pretences, or by means of any other fraud. (2.) If he has, with intent to defraud his creditors, or any of them, made or caused to be made any gift, delivery, or transfer of, or any charge on, his property. (3.) If he has, with intent to defraud his creditors, concealed or removed any part of his property since or within 2 months before the date of any unsatisfied judgment or order for pay- ment of money obtained against him. If any creditor in any insolvency wilfully and with intent to "Jfl ffi defraud makes any false claim, or any proof, declaration or flitor. statement of account which is untrue in any material particular, he shall be guilty of a misdr. Impr. with or without h. 1. not exedg. 2 years. "Where a debtor makes any arrangement or compon. with s 11 Ami» his creditors under any insolv. ord., he shall remain liable for SJJSrt.*' the unpaid balance of any debt which he incurred or in- creased : — or whereof , before the date of the arrangement or compon., he obtained forbearance by any fraud:- provided the defrauded creditor has not assented to the arrangement or compon. otherwise than by proving his debt and accepting dividends. Where the Admor. Gen. is .»i' opinion that any person who f 1 ^; has been adjudged insolvent, or in respect of whose estates !",".'. receiving order has been made, has been guilty <>!' any offence under tins ord. or under any insolv. ord.. and tin re is a rea- sonable probability that such person mat/ he convicted, he shall ■v -2 27(5 Magisterial Law Ord. 21, '84. s 13 When Ct. to commit for trial. s 14 Form of indictment. S 15 runishmt. not cumulative. S 16 Discharge or composition, &c, no bar to criminal pro- ceedings. sl7. prefer a charge or complaint against such, person for such offence, and prosecute the same in due course of law. Win re there is in the opinion of the Ct. or judge ground to believe that the insolvent or any other person has been guilty of an offence which is by ord. made a misdr. in cases of insolvency, the Ct. or judge may commit the insolvent or such other person for trial. For the purpose of committing the insolvent or such other person for trial, the Ct. or judge shall have all the powers of a St. May. as to taking depositions, binding over witnesses to appear, admitting the accused to bail, or otherwise. In an indictment for an offence under this ord., it shall be sufficient to set forth the substance of the offence charged, in the words of this ord., specifying the offence, or as near thereto as circumstances admit, without alleging or setting forth any debt, act of insolvency, trading, adjudication, or any proceed- ings in, order, warrant or document of, any Ct. Where any person is liable under any other law to any punishment or penalty for any offence made punishable by this ord., such person may be proceeded against under such other law or under this ord., so that he be not punished twice for the same offence. Where a debtor has been guilty of any criminal offence, he shall not be exempt from being proceeded against therefor by reason that he obtained his discharge, or that a compon. or scheme of arrangement has been accepted or approved. Ord. took effect on 1 Jan. '85. Ord. 22, '84. r 219 Summons under Debtors' Ord. 1884. r 220 Service. r 221 Adjourn- ments. r 222 Wit- nesses. r 223 Forms. Rules under the Insolvency Ord. 22, '84. Applications to the Supr. Civil Ct. under Debtors' 1 Ord. 21, '84. All applications to commit to prison shall be made by summons (in these rules referred to as a judgment summons) before the Ct., which shall specify the date of the judgment or order for non-payment of which the application is made, together with amount due. The summons shall require the judgment debtor to appear and be examined on oath. The person issuing the summons shall prepare two or more copies of the summons, one or more of which shall be sealed and issued for service. A judgment summons shall be served in the like manner as is by these rules prescribed for the service [i.e., personal or substituted (rules 124 — 126)] of a creditor's petition. The service shall be made at least four days before the day of hearing. The hearing of a judgment summons may be adjourned from time to time. Any witnesses may be summoned to prove the means of the judgment debtor. Forms 126 and 127 in the Appendix may be used for proceedings under the Debtors' Ord. 21, '84, with such variations and additions as the cir- cumstances may require. L; L" 77 384 Larceny. Williams (alias Payne) v. Primo (12 Jun< Charge. Stealing (Trowing plantains: Bentence, impr. with b. 1., and "> tobeflogg, 38 of jurisdiction in r> sped thai the Mag. directed the sentence of flogging to be carried into effed within the period alkyw for seeking n new, contrary to b. 3 of 19, '66 p. 23 of " l\-\ - '77" . It is tun- thai tin- subs< qui nl b. of this ord. \\ Eich appoints tin- 1. nns for praying for review is repeal ■ ! by 5 ' ,; s. bn1 the latter is an ord. in amendt. "t thi former, and the terms which it provides for seeking ii new must !'«■ read as if incorporated in the former ord., in lieu of the repealed terms. This being so, there is, by the existing law . a term of 10 days within which review may he applied for. The execution of the sentence oughl not to have been directed within that period, hut the adjudication was mi the 23 April, and was directed to !"■ i k< cuted on the 27th. There has linn no suggestion of amendt. The adjudication "t flogging is clearly separable from that of impr. with h. 1. The latter is therefore affirmed, the former Bet aside : no costs. (Chalmers, C. J.) 404 Lees. Sophia (owner of pi.) v. Acting Inspr. -Gen. (24 Dec'll). Ord. 1, '70— fouling a trench 1>y distillation -refuse matter. . The question of jurisdiction was raised It waa proved that the pi. was ,,,".''!,",'. in the judicial district, and although tin • witness was nut asked, and did aarilypart not say, that the side-line trench (semble, the trench in question of the pi. a pL was in the same district, it appears to me thai to have done bo, w here no question was raised, would have been mere surplusage, the side-line trench being to be taken as a part of, and bo included in, the description of the locus of the pi. As to the >//, it appears that in Lo-a-tung-too v. King (IS Jan.'73), 2 TbB"JUu." It. C. 222, Sir Win. Snagg, C. J., sustained the evidence of afiat, where /.'-;-/., it was merely " I produce the fiat prosecutio of the Atty.-Gen. to prose- Ai ":'. cited, cute in this case," which, 1 take it, must have been on the footing that these words amounted implicitly to a statemeni thai the document then produced contained all things necessary to constitute thecal. The won Is used by the prosecutor in the preseni case in tendering the "fiat" when on oath) were to similar effeci as in the case cited, bui he went on, as in the safer course, to prove the signature specifically, and although the Specifii ■ Mag. has, in the hurry of writing, misplaced two of the words, I have Bignatureol not the slightest doubi thai the words of the prosecutor actually before Atty.-Oen. the Wag. were that the signature was in the handwriting of the acting Atty.-Gen. (When no question was raised, further proof hardly seems uecessarv.i Five cases were cited in the argument, hut noi named in the judgment, though briefly commented on by the C. J. After saying that the Mag. had only dedded on evidence thai mighl •■ reasonably have satisfied a jury as to the commission of the offence, the C. J. entered elaborately into the question whether there waa evidei from which the Mag. could infer the mens r,a on the part of the deft., in such ecus,, or to such extern as mighi be requisite under the ord., ami he inferred that the was established. He said, in effect, that the objeci of the ord. was to pr< venl the nuisance, and that each owner of a pi. was hound to Bee thai his trenches w< re noi fouled by his nexi or any distant, ndghbour'e hes, \c. commenting on s. 7. which rendi r- 278 Magisterial Law What is injury to health. Ord. 3, '76. it unnecessary to prove or discover who is the owner of the pis. proceeded against. " It seems to follow that it is not necessary to prove any facts showing intention on his part, other than the facts which show the nuisance. Indeed I see not how, without discovering the personality of the owner, any such extrinsic facts could be proved." It was also objected that the alleged nuisance was not injurious to health. Various English decisions were cited (for which see judgment, p. 2829, 0. Gr. 28 Dec. '81), where, among other things, it is laid down (on parallel lines) that "it is not necessary that the smell should be un- wholesome; it is enough if it renders the enjoyment of life and property uncomfortable" — and that it was sufficient to constitute nuisance in the sense of the English Act, if a diminution of comfort merely were produced. (Chalmers, C. J.) ___ 410 Lunatics. An ord. to regulate the public lunatic asylum. The medical supt. has power to make regulations, to be approved and confirmed by the Govt. S. 6 repeals s. 5 of ord. 4, '67, and so much also as is in- consistent with this ord. Ord. 4, '67, so far as applicable to Berbice, is repealed by 6, '85. See "Hospitals." Ord. 20, '62,s. 44. " Within Mag.'s territorial juris- diction." Amount of injury. Mag.'s discre- tion. Ord. 20,'62, s. 44. Aggravated assault. 420 Malicious Injuries— Person. Powers and Cooten v. Ruck (18 Sep. '85). Charge of aggravated assault by throwing cayenne pepper in the eyes. There is no doubt as to the principle that the territorial jurisdiction of the Mag. must be proved by proving that the offence occurred at some place within his district, but there is no ground for holding that the mode of proof must necessarily be by direct statement, although, when sufficient proof can be thus given, it is most convenient to make use of it. In this case there is not direct statement, but on reading together the evidence of (the witnesses), there is abundant inferential proof that the assault was committed in . . . within the Mag.'s district. The punishment was warranted by s. 44 of 20, '62. The applt.'s contention was that the evidence showed but little injury to have been done : but I need scarcely say, that the Mag. was entitled to take into his conson. other circumstances besides actual injury — this is a ease of dis- cretionary power intrusted to a Mag. with which the Ct. docs not interfere. (Chalmers, C. J.) Ford v. De Veuve (13 July'86). Charge — assault by schoolmaster on a scholar : sentence one month's impr. with h. 1. Brutal flogging proved. Objections — excess of jurisdic- tion : acting corruptly and maliciously, on part of Mag. The reasons which the appelt. gives in his affidavit for his believing that the Mag. acted unfairly, are, if possible, less worthy of consideration than the reasons given in the notice of appeal. Neither in law nor in fact can I find any reason for saying that the conviction is bad. (Chalmers, C. J.) N.B. — The report is silent as to the ord. under which the charge was made, but it is assumed that the boy was under 14 years of age. — Ed. Malicious Injubtes — Person. 279 Bruce v. Fraser (17 1 Charge — Assault. Reasons — alleged that illegal evidence had bo admitted, and thai there wasnol BufHoienl legal evideno to sustain the conviction. (Jponthi I ace of I hi papers senl in by the Mag. it nowhi appeared that Legal evidence was rejected, or ill ace admitted. Uttier objections likewise fell to the ground. Appeal dismissed with costs. (Northcote, A. J.) 436 Malicious Injuries— Property. Joseph, v. Ruck (6 March' 86). The appelt. was convicted on an information charging that he "on Ord 17 Dec. '85, at G unlawfully and maliciously did commit dai injury and spoil to and upon certain real property there of a nature, to wit. to and upon the house of one J. W., the damage, injury and spoil so committed being to an amount of $24, contrary to the statute in such ease mad" and provided." The appeal was heard ex parte, there being no appear on behalf of the respt. The first reason of reviewis: "That the charge or complain! is bad and erroneous in point of law." The grounds on which this proposition was maintained being (1 thai the statute under which the information Statute itself not was laid was not specified in the information ; (2) that the words of th< statute, s. 49 of ord. 21, '62, were not exactly followed; (3) thai tb information was duplex. The first of these grounds is unsupported by any authority: nor is it requisite for any purpose of notification to the accused person that the statute should be specihVd when the offence the statute creates is alleged in the statutory terms. Thi - cond ground was, "Maliciously" that the words " unlawfully and maliciously " had been used instead of unfiles n " wilfully and maliciously," an objection which caim.ii be considered of "wflrally. weight, as the allegation of a thing being done "maliciously" neces- sarily implies it was done not accidentally, and therefore wilfully. Th third ground was, thai the words " damage, injury and Bpoil " were used """'V; :i "' 1 instead of one of them. The words are nol a statement of Beparal offences, but of the same offence described in different terms. Ii would be enough to have used one of them, and the conviction would be properly amended by striking out all but one of the descriptive words, instead of putting them alternatively as dene La the amendment thai was made. I should add, with reference to all these grounds of objection, thai they objections too are of BUCh nature that, if intended to be of any avail, they should have | been stated in limitu at the hearing. Not having been then Btated they must be deemed waived. The second reason of review is, thai illegal evidence was admin, d, and Qlega] evidence. that there is not sufficienl legal evidence to sustain the conviction after rejecting such illegal evidence. It appears thai the prosecutor closed his case without giving evidence of the image. The Ma pointed this out, and on the motion of the prosecutor adjourned the b< i - ing, although the deft, by bis counsel olaimi d a dismissal. At the adjourned hearing evidence of the amount and value of the Oampenml damage was given, and the Mag.) after hearing the case in defence, gav< erroni lusly the decision now under review. The deft, was ao1 entitled to acquittal, h ' even though no specific evidence touching the amount of damagi had 280 Magisterial Law. Amendment by eliminating compensation. been given. The Mag. could have convicted deft., and punished him for the malicious injury — for there was good evidence that some injury was maliciously done by him — without awarding compensation. But it appears further that deft, was ordered to pay compensation which was assessed upon evidence of damage, which coxdd not have been caused by the act which the deft, was proved to have committed. The evidence was, that he threw at most two stones against the windows of complt.'s house, while the damage for which compensation was given included the breakage of "about 50 panes" of glass. Although a person who wilfully injures property has no right to expect a very close valuation of the quantity of damage, some limits nevertheless are to be observed, and here the valuation was manifestly excessive. The most equitable course will be to amend the adjudication by striking out that part of it which relates to compensation. It will thus stand as adjudging a fine of $10, and costs, with the alternative of impr. with h. 1. for one month. It is not necessary to consider any other question raised. No costs. (Chalmers, C. J.) Ord. 25, '60, s. 167. 441 Markets. Bowen v. Chapman (24 Aug. '78). This is an application to review the decision, on complaint of respt. against the appelt., for smoking in the Stabroek Market on 16 July'78, ordering the appelt. to pay a fine of three dollars, and in default of pay- ment seven days impr. with h. 1. The reasons of appeal relied on were, that the evidence was insufficient, and that the Mag. exceeded his juris- diction, inasmuch as he fined the appelt. three dollars, or seven days impr. with h. 1. The evidence of resp. was positive, that he saw the appelt. smoking a pipe in the Stabrnek Market, and that of the (T. Con- stable) , that when he was told to take deft, to the office ' ' he then had a pipe, but was not smoking it when I came up." There was no contra- diction between the respt. and the witness; the Mag. believed the resp., and I cannot interfere with his decision on that point. On the other reason it was argued that the Small Penalties Ord. '6, '68, having limited the terms of impr. for any penalty not exceeding two dollars to seven days, and for any penalty exceeding 1 two dollars but not exceeding five dollars to fourteen days, and the Mag. having imposed a fine of three dollars, or in the alternative seven days impr. , had exceeded his jurisdiction, inasmuch as the alternative impr. should have been more than seven days in case of a fine of more than two dollars. The intention of the legis- lature was to limit the maximum terms of impr. as the alternative for certain amounts of fines; but there is no limit fixed for a minimum term of impr., and the Mag. was within his jurisdiction in adjudging a period of seven days impr. in default of the payment of a fine of two dollars. The Mag.'s decision is affirmed with costs. (KiDg, Acting C. J.) Isaacs v. Chapman (15 Sep.'S3). Ord. 25, '60, _ In s. 166, following the s. under which the charge is brought, a dis- b. 165. tinotion is drawn between the person vending the meat (the shopman), m. •at s liaMe° r ° f aml thc tcnant or oc ? u pier of any market stall. From this, I am of m ' opinion that the ord. intends to impose the penalty, for selling with short weights, upon the person who actually commits the offence. Any other interpretation would, I think, be carrying the liability of a master for the act of his servant further than it has ever been carried before. (Goldney, J.) Mag. is judg of facts. Small Penalties Ord. 25, '77, does not fix a minimum limit for impr. Medical * >bd. 281 448 Marriage. Sewnarian v. Gobind (9 Apr.'84 This was an appeal Erom the decision of the Mag. dismissing a ease Ord. 10, '60, a. 11. brought againsl the deft, under s. 11 of ord. 10, '60, for enticing away tin- pro n ife. The ground of app al was thai the d< tusion was againsl the weight of cvidi 1 1 It w as proved thai the pros< cut( t was marrii d under ord. 10, '60, to 75. On 1!' Nbv.'83, the prosecutor, his wife and the deft., all wenl together to get free tickets from the I. Ag. A- bood as the tickets were issued the wife Baid she waa a free woman, and would go and Live with the deft. and leave uei husband. The husband returned to "Goldstone Ball," bis wife and the d( ft. wenl to " Providence." There was no evidence of the deft, having induced, either by act or word, the wife to come to the determination of Leaving her husband. The Mag. came to the conclusion thai the mere fad of the deft.'s living with prosecutor's wife was not Bufficienl by itself to bring the deft, within s. 11, and dismissed the case. From bs. 1 1 and L2, it is cl< ar that the ord. draws a distinction 1" twe< n a woman being i nticed aw aj from her husband and a woman whodi b< rl - her husband. Under the Imperial Stat. 24 & 25 Vict. ch. 100, s. 56, in proceeding againsl any person for "enticing" away a child from its parents or Erom the person having lawful charge of such child, it is necessary to prove thai the defendanl took and enticed the child away ; Evident that is. that there must be evidence of some aol or conduct on the part of the defendanl by which actor conduct the child was taken away or en- "J] 1 "''^' 1 taped tn have its parents. Having regard to the wording of ss. 11 and 12 (10, 'GO) it seems that, as in the Imperial Stat, cited above, bo also under thisi.nl., there must be some evidence of sunn acl or conduct on the part of the deft, by which the woman was enticed away from her husband, before he can In con- victed of an offence under b. 11. The mere fact of a woman living with a man not her husband is not in itself sufficient evidence to prove that the man enticed her away from her husband. The evidence goes rather to show thai the woman deserted her husband than that she was enticed away by the defendant. 1 think the decision of the Mag. was right, and that the appeal should be dismissed with costs. (Goldney, J.) Medical Ord. 0rd9 -' 86 - " The Medical Ordinance, Ism',."' b1 Title. In this ord., unless the context otherwise requires, — s2i "The Combined Ct." = usual defn. (p. LOO, supra . "The im. ords." = the im. ords. '7;; to '76, and any ords. passed or hereafter to be passed relating to imB. : "I. A.G-.," " im." and " pi." have the same meaning as in the im. ords. A Govt, medical service is hereby created, and shall consist ss3-6 , tii.; of a Surgeon General, the Medical Inspector to be appointed 282 Magisterial Law. Ord. 9/86. S 7 Its duties. ss 8, 9 Its powers. S 10 " Govt. Med. Officer.' under the im. ord. '73, as amended by this ord., and such Govt. med. officers as may be necessary. H. M. may appoint a Surgeon General, who shall hold office during pleasure. The Gov. may appoint such number of Govt. med. officers as may be necessary, and every Govt. med. officer shall hold office during pleasure. The Surg. Gen. and the Govt. med. officers shall each re- ceive such salary as may be provided by the Combd. Ct. The Surg. Gen., the Med. Insp. and every Govt. _ med. officer shall each perform such duties as may from time to time be imposed on any such officer by ord., and shall also perform all such medical, sanitary, or other duties as may from time to time be directed or required by the Gov. The Surg. Gen., subject to the directions of the Gov., shall have the general control of all the public hospitals, and of all the hospitals and infirmaries in or attached to any prison or public institution in the colony. The Med. Inspr. and every Govt. med. officer shall, subject to the authority of the Gov., act under the directions of the Surg. Gen. Every med. officer who receives a salary paid from the public revenues shall for the purposes of this ord. be deemed a Govt. med. officer. ss 15, 16 Medi- cal districts. Provisions with regard to Officers holding Office when the Ord. came into operation. By s. 11, the Col. Surg. Gen. then holding office was to be the first Surg. Gen. under this ord. [see s. 54]. By s. 12, every med. officer appointed under the im. ord. 73, and then holding office, was to be a Govt. med. officer under this ord. [see s. 54]. By s° 13, every med. officer holding any office in the colonial service and receiving any salary paid from the public revenues was to be a Govt, med. officer "under this ord., without (s. 14) being re-appointed, sworn, or making any declaration. The Gov. and Ct. of P. may resolve that any portion of the colony shall be a medical district, and may from time to time by resolution alter or revoke any such resolution, and may from time to time by resolution alter the limits of any medical district. Every such resolution to be published in the 0. G. The Gov. may assign a med. district to any Govt. med. officer, and may remove any Govt. med. officer from any one medical district to any other, and may remove any Govt. med. officer from any med. district to perform any other duty as the Gov. may from time to time deem expedient. Until otherwise resolved by the Gov. and Ct. of P., the Ord. 9,'86. Medical I >bd. 283 medical districts established under the provisions of the iin. ords. shall be medical districts under this ord. Until otherwise ordered by the Gov., where any district has been assigned to any med. officer under the im. ords.. Buch med. officer shall be deemed to have had such district assigned to him under this ord. Provisions with regard to the Immigration Ords. The Med. Inspector shall pert on a the duties imposed by the ssi7, 18 im. ords. on the med. officer to the im. dept., subject to the to^S? 8081 following modifications and exceptions: — noe- (1) Where the med. officer to the im. dept. is required ••'.Vi.-di'.-afin- under the im. ords. to report to the Im. Agent Gen., the Med. spector," Insp. shall report in duplicate to the Surg. Gen.: The Surg-. Gen. shall thereupon furnish the I. A. G. with one of the duplicates of such report (2) The duties imposed by ss. 119 and 123 of ord. 7, '"•'!, on the med. officer to the im. dept. shall be performed by the Surg. Gen. (8. 18.) The im. ords., subject to the other provisions of this ord., and save and excepl ss. 11'.) and 123 of ord. 7, '73, shall be read and shall have the same effect as if the words '■'■Medical Inspector" were substituted therein for the words "medical officer to the im. dept.," and for the words "medical officer to the dept.," and for any words importing the medical officer to the im. dept. wherever such words occur in the said ords. except as aforesaid. (See s. 55.) Ss. 119 and L23 of the im. ord. 7, '73, shall be read and ^^HbAim shall have the same effect as if the words " Surgeon Gen." of ord. 7,'73, ' wen substituted therein for the words "medical officer to the "oard is hereby established, which shall consist of the Surg. Gen., the Med. Inspr., and six persons who are duly qualified to practise medicine and surgery, or medicine, or surgery, elected in the manner hereinafter directed. After 1st Jan. '87, no person shall be qualified to be a member of the said Board who is not registered as hereinafter required. The Surg. Gen. shall be the chairman of the med. Board, and shall, if present, preside at the meetings of the Board : in his absence the Med. Inspr., if present, shall preside ; and in his absence the Gov. med. officer present who is senior in the colonial service shall preside. The first election was to be held on the first Tuesday in Sept.'86, &c. Medical Ord. Ord. 9/86. Where a vacancy exists in the med. Board as regards the „ — - — - members who are to I"- elected, the Burg, den. snail, within to the Board 14 days after such vacancy occurs, cause a notice to be pub- - ! ' ,! ' •' " 1>7 - lished in the 0. G\ and one other newspaper, fixing a day (not loss than 6, and not more than 10, days after the day on which such notice is firsl published and hour for the el< ction of a duly qualified person to iill the vacancy: — at such con- venient |dic.. in (i. a- the Surg. Gen. may appoint. In elections after 1 Jan.'87, every med. pract. registered under this ord. (but no other person) shall be entitled to vote ; and the person having the mosl votes shall bo deemed to be elected if registered as hereinafter required (s. 25). A person elected to be a member of the mod. Board: — s28Termof shall vacate his scat on the expiration of 2 years from the " lhce- date of lii> election, but shall ho eligible for re-election: — may resign his Beat: — on leaving the colony shall vacate his Beat. A person entitled to voto at the election of a member of the s 29 Mode of med. Board shall record his vote in writing : — (a) If he attends the election, he shall record his vote in a book to bo kept for the purpose, and accessible to all voters during one hour at least on the day of election : (b) If he does not attend the election, he may vote by letter or writing signed by him, transmitted so as to be delivered at the place of election before 4 o'clock on the afternoon of the day on which the election is held. The Surg. Gen. shall cause the votes to be counted and s30Besnlt stated, and the names of the persons elected to be declared and published in the < >. G. The Gov. and Ct. of Pol. shall have power to determine any s 31 Disputes, question which may arise as regards the election of a member of the med. Board, or the manner in which any election should be conducted : — any direction given by the Gov. and Ct. of Pol. in relation thereto shall be final and binding on all concerned. The med. Board shall assemble: — whenever thereto re- b 32 Meetings, quired by the < rov. : — whenever convened by the Surg. Gen. Three members shall form a quorum. tin. .rum. The Board may act, notwithstanding any vacancy in the Board. All acts of the med. Board shall be decided by the votes of the majority of members present, and in case of an equality of votes, the President, in addition to his vote as a member, shall have a casting vote. The med. Board shall appoint a Gov. med. officer to be the ss33 34 sec. to the Board (who is hereinafter referred to in this ord. ^ as "the sec") for (if not of moro than .3 years standing-— col. 286 Magisterial Law. Ord. 9,'86. service) 2 years, unless otherwise ordered by the Gov. : — and by s. 34 may appoint a clerk, s 35 when vote Where the Gov. refers any question for the consideration not unanimous. Q £ t k e me(1 B oar d j the members, if not unanimous, shall each give his opinion in writing, s 36 Judicial "Where the Gov. refers to the med. Board any question rowers of relating to the public health for investigation and report, the med. Board may summon and examine witnesses on oath, and shall have all the like powers and authorities for procuring and compelling the giving of evidence as are given to a St. Mag. under the Sum. Jur. Ord. (any summons or warrant Witness ref us- "being signed by any member): — provided always that no SffiT 5 witness refusing to give evidence before the Board shall be liable to be committed to prison : — Every person so refusing to give evidence without just cause shall be guilty of an offence (summary) : — Fine not exedg. §21. s 37 certificates The med. Board, subject to any ord. regulating the qualifi- of competency. ca tions of chemists, dispensers or midwives, shall have autho- rity to grant certificates of competency to any persons who are qualified to practise as chemists, dispensers or midwives. Provision with Regard to Registration. s 38 The re- The sec. shall keep a register (form in the sched.)_ of all gister. persons qualified to practise medicine or surgery in the colony, ss 39, 40 who The following persons shall be entitled to be registered under must be regis- this ord. : — (1.) Every person who at the time of the passing of this ord. has been duly licensed in the colony to practise medicine or surgery or medicine and surgery. (2.) Every person who is registered under the provisions of the Med. Acts (Imperial). No other person shall be entitled to be so registered. The sec. shall place on the register the names and qualifica- tions of all persons who at the time of the passing of this ord. are duly licensed to practise medicine or surgery, or medicine and surgery in the colony. The sec. as soon as may be practicable after the passing of this ord. shall issue a notice in the O. G. stating the names and qualifications of all persons so placed on the register. The sec. in Feb. in each year shall transmit to the Gov. Sec. for publication in the 0. G., a return of the names and quali- fications of all persons then registered, s 41 Applicants Where any person who is not duly licensed to practise for registration. Medical Ord. 287 Ord. 9/8G. medicine or surgery when this ord. comes into operation, desires to be registered under this ord. he shall make applica- tion to tho sec, and shall submit Buch evidence as may be necessary to establish that he is entitled to be so registered. The see. shall fori h\\ ith lay such application before the med. Board and the Board, it satisfied that such person is entitled to be registered, shall direct the see. to register such person. The see. .shall thereupon register such person and issue notice thereof in the I ». G. If the med. Board decline to direct the see. to register any Appeal, a person who applies to be registered, such person may appeal '''•t'"-" 1 - to the Gov., and if it is made to appear to the ' k>v. that such person is entitled to be registered under this ord. the Got. may direct that such person shall be registered. No person appointed after the passing- of this ord. shall hold s 42 a any office as a Govt. med. officer who is not registered under t 1 ™ a *""' '/"■* this ord. After 1 Jan. '87, no certificate required by any law now in s 43 validity force or hereafter to be passed from any med. pract. shall be after l J valid unless the person signing the same be registered under this ord. After 1 Jan. '87, any words importing a person recognised s44 by law as a med. practr. when used in any ord. shall be con- strued to mean a person registered under this ord. Every person registered under this ord. shall bo entitled to B46Erofes- demand and recover with full costs of suit reasonable charges l',"',', 1 ,' for professional aid, advice, and visits, and the costs of any able— medicines, or other medical or surgical appliances, rendered, or supplied by him to his patients: provided that as regards any Govt. med. officer all such charges shall be in accordance with any scale of fees which may be authorised by any regu- lation made by the Gov. and Ct. of Pol. Alter 1 .Ian. '87, no person shall be entitled to recover any S 460n proof charge in any Ct. for any medical or surgical advice [or], o'regfetaattoa. attendance, or for tho performance of any operation, or for any medicine which he shall have both prescribed and sup- plied, unless he shall prove upon the hearing that he is regis- tered under this ord. Offences. If any regd. n ed. practr. is convicted of any felony or misdr. s 47 Removal before the Supr. or Tnfr. ('rim. Ct., or, after due inquiry, is n^'t'''i' m' '" judged by the med. Board to have been guilty of infamous con- <*rtainei ilact in any professional respect: — The mod. Board, with the sanction of the Govr., may cause (lie name of Buch med. practr. to be erased from the regist sr. 288 Magisterial Law. Ord. 9,'86. s 48 False or fraudulent registration. * Amt. omitted in ord. S 49 Improper use of medical title, &c. S 50 Molesting med. officer on duty. S 51 Recital as to necessity for instruction in dispensing, &c. Establishment of schools at hospitals. Instruction in the schools. s 52 Visitor's book. Any person who wilfully procures or attempts to procure him- self to be regd. under this ord. by making or producing, or caus- ing to be made or produced, any false or fraudulent representa- tion or declaration, cither verbally or in writing : — And every person aiding and assisting him therein : — Shall be guilty of a misdr. Fine,* , or impr. not exedg. 12 months. Any person who wilfully and falsely pretends to be or takes or uses the name or title of a physician, doctor of med., licentiate in med. and surgery, bachelor of med., surgeon, gen. practr., or any name, title, addition, or description implying that he is registered under this ord., or that he is recognised by law as a phys. or surg. or licent. in med. or surgery, or a practr. in med., shall be guilty of an offence (summary) : — Fine not exede s53 s 54 "Surgeon General," defined. Any person who molests, hinders, or opposes the Surg. Gen., the Med. Insp. or any Govt. med. officer acting in the discharge of his duty, or in the exercise of any power or authority given by any ord. Shall be guilty of a misdr., and punishable accordingly. Schools of Instruction for Chemists, Dispensers, and Midwives. Whereas it is expedient that the opportunity for instruction should be afforded to those who desire to become qualified to dispense and compound drugs, or to act as dispensers, or as sick nurses, or as midwives : — Be it enacted, that schools for the purposes aforesaid shall be established at the public hospital in G., and at such other public hospitals as the Gov. may direct : And the necessary instruction shall be there given, subject to such regulations as may from time to time be made by the Surg. Gen., and approved by the Govr. and Ct. of P. In every hospital on a pin., and in every hospital maintained wholly or in part from the public revenues, or from any rate or tax, there shall be kept a book to be called the visitors' book, which shall always be accessible to any person having authority to inspect or visit such hospital, and every person having such authority may enter in the visitor's book such remarks as may be proper or necessary. S. 53 repeals s. 3 of ord. 6,'85. "Wherever the words " Colonial Surg. Gen." or the words " Sur«\ Gen." are used in any ord. passed before this ord. comes into operation, such words shall be construed to mean the Surg. Gen. appointed under this ord. (See s. 18.) Mining. 289 Ord. 9. '86. Wherever the words " Medical Officer to the Im. Dept.," or ~ — ■ any words importing the med. officer to the Cm. Depart., are inspect used in any ord., they shall be construed to mean the Med. ,i ' | i"" 1 - Inspr. (.See s. 17.) And wherever the words "District Med. Oilicer," or any ■•• words importing a district med. officer, or a district med. " : practr., are used in any ord., they shall be construed to mean a Govt. Med. Officer acting in a medical district. (See s. 18.) Mining. " The Mining Ord. '87." Ord. 4.'87. The Gov., in the name of H. M., may grant a concession or S 2 Cono license authorising any person or body corporate therein ^^utnds, named to occupy any portion of the Crown lands of the colony, ss. 2, 3.] and subject to the provisions of this ord. therein, to mine for, and, when found, to take and appropriate to the use of such person or body corporate, all gold, silver and valuable minerals, other than precious stones, found within the area specified in the cone, or license. Provided as follows : — Restrictions. (a) No one cone, or license shall be granted to any one Area, person or body corporate for any larger area than 500 acres. (b) Nothing in any such cone, or license shall give any Precious stones, right to any precious stones. (c) Nothing in any such cone, or license shall be construed to prevent the Gov. granting to any other person or body corporate a cone, or license to search for and obtain precious stones within the same area. (d) Nothing, &c. (asin(c)) — granting to any person or body Water rights. corporate, besides the person or body corporate mentioned in the cone, or license, the right to lead or convoy water, or make or construct waterways through or over, or to construct reservoirs on, or to take water from, the lands specified in the cone, or license, and the Gov. may grant to any such other person or body corporate the right so to do. (e) Every such cone, or license shall become forfeitable I'livium. whenever the person or body corporate to whom the same has been granted ceases to work the same to the satisfaction of any oflicer appointed by tho Gov. to inspect any land so occu- pied. (/) Nothing, &c. (asin(rf)) — Gov. at any time directing that r..-mni>ti.ini.y any portion of the land specified in the license shall be taken ,,',,'. and used for public purposes, and when the Gov. so directs the land specified in the order of the Gov. shall be taken and P. D 290 Magisterial Law. Ord. 4,'87. Regulations. Royalty. s 3 Timber and fuel. s 4 Concessions and licenses. [Frivate lands.] s 5 Precious stones. s 6 Regulations. s 7 Duration of ord. used for public purposes without giving any right to any claim for compensation. ((/) Every such cone, or license shall be subject to such regulations as may from time to time be passed by the Gov. and Ct. of P. (/*) The holders of every such cone, or license shall pay on the value of all gold, silver and valuable minerals as afore- said which may be procured, such royalty as the Gov. and Ct. of P. may from time to time determine, on pain in default thereof of forfeiting the cone, or license. The holders, &c. (as in (h)) may, subject to the provisions of any regulations, cut timber and fuel on the Cr. lands for mg. purposes on payment of the royalty prescribed by the regu- lations. The Gov. may, in the name of H. M., issue a cone, or license to any person or body corporate authorising such person or body corporate to enter on private lands and there search and mine for (&c, as in s. 2) . . . stones. Provided that every such license shall be subject to the provisions of such regulations as may from time to time be passed by the Gov. and Ct. of P. The Gov. may, in the name of H. M., issue a license to any person or body corporate authorising such person or body corporate to enter on any lands and there search or mine for (&c, as in s. 2 all precious stones : proviso as in s. 4). The Gov. and Ct. of P. may from time to time make, and, when made, alter or revoke, regulations with respect to any of the following matters : — (a) All matters connected with the searchg. or mg. for or dealing with gold, silver, precious stones, or any valuable minerals. (b) For regulating the use of the surface of the land, and the cutting of timber and fuel, and the use of water. (c) Por determining the amounts to be paid for royalty, fees of office, and other amounts payable to the Col. Govt. (d) Por regulating the conditions on which entry may be made on private lands, and securing to the persons entitled thereto due compensation for any disturbance with the surface of such land. (e) Generally for all matters connected with the proper carrying out of this ord. Every regulation purporting to be made under the provi- sions of this ord., when published in the Official Gazette, shall have the same effect as if it were contained in an ord., and shall be judicially noticed. This ord. shall only continue in force so long as the legisla- ture of tho colony make due provision to the satisfaction of Mixing — Regulations. 291 Ord. 4. -87. IT. M. for maintaining the civil list estabt. of the colony and no longer. Ords. 16, '80, and 16, '86, repealed. s8. Gold Mining Regulations under Ord. 4, "87. 1. The Gov., subject to the provisions of any ord., and of Mining conce«- any regulations at any time in force, may issue mg. cones, to * lona - mine for gold, silver, and valuable minerals other than precious stones, in any portion of the Cr. lands in B. G. i'. Amg. cone, (so long as the owners and holders thereof The ground comply with the laws of the colony, and with the regulations '"">i'n-'->( quartz or other rock in place, bearing gold or silver, or other valuable mineral deposil -. 17. Every license to occupv a placer claim shall In- deemed , ,. , .'.'■ l o i ordinances. to b( to the provisions oi any ord. now m force, or hereafter to 1"- passed, relating to tin' taking of gold or silver, ami of any regulations passed, or hereafter to lie passed, relating thereto. 18. No one placer claim shall exceed in area 50 acres. Extent. 19. The width of each placer claim located after these Width, regulations come into operation shall lie at leasl 25 roods, unless from the configuration of the ground it is expedient that the width should bo less. Where the placer claim is not on a watercourse the claim "Watercourse located must, subject to the other provisions of theso regida- ( sh!, P e )- tions, be in the form of a parallelogram. Where the placer claim is located on a watercourse, the No. of holdings claim, subject to the other provns. of these regns., may follow forone P ereon - the line of such watercourse. 20. No one person may hold at any one time more than surrender. 5 placer claims within a radius of 5 miles. 21. Any person may at any time surrender any placer claim occupied by him, and thereupon shall cease to be holder thereof. 22. Every person desiring to obtain a license for a placer Application, claim, may locate a placer claim on the ground, and apply for a license by petition addressed to the Gov., and sent through the Crown Surveyor. 2:;. Any person may locate a placer claim on the Crown Location, land not previously lawfully occupied. 2 1. livery person desiring to locate a placer claim shall Marking-out. distinctly mark out on the ground the limits of such claim, so that its boundaries may he readily traced. 2o. Every person on locating a placer claim shall, within a rah reasonable time, file, or cause to lie filed, at the Govt, station nearest to the place where the ground included in the placer claim is situated, an appln. for a license to occupy bu( b placer claim, with a duplicate of the notice posted on the -round Located. A < iovt. oilier on receiving SUCh appln. and notice -hall iinme- Endorsement. diately note thereon in writing the day, hour, and minute when such notice was brought to such Govt, station, and shall Bign his name thereto, and the day, hour, and minute on which such note was made, and shall further enter in a hook, to be Entry in official bo k. 294 Magisteuial Law. Acknowledg ment. Temporary occupation. First applicant. "Watercourses navigable ; not navigable. What is "not navigable." When disputed. Tree navigation Use of water. Paths or trails. kept at the Govt, station for the purpose, the particulars con- tained in such notice, and the day, hour, and minute on which such notice was so brought as aforesaid, and shall then transmit such application and notice to the Crown Sur- veyor. 26. The Govt, officer receiving such application and notice shall give to the person bringing them an ackgt. on a printed form to be furnished by the Crown Surveyor, of the receipt of the same, and such form shall include the description of the ground located contained in the notice. 27. Every person on receiving such ackgt. may proceed as if he had obtained a license to occupy the ground so located as a placer claim, until intimation be served on such person, or at his residence, or on the ground located, that the appli- cation for the license is rejected. 28. Where any dispute arises as regards the person who is to be deemed the first applicant for a license to occupy any land as a placer claim, the person first locating the same shall be deemed the first applicant. 29. If there appears to be no objection to the application, it shall be advd. for 4 consecutive Sats. in the 0. G. 30. No person may hold at the same time any mg. claims or cones, or placer claims on any one navigable watercourse within a radius of 5 miles, which include more than 1 mile of such watercourse measured along its course. 31. A person may hold at the same time on any one water- course which is not navigable auy cone, or any placer claims extending from the point where such watercourse ceases to be navigable to its source, provided the total area of such placer claims do not exceed the total area allowed by these regns. 32. For the purposes of these regns., a watercourse shall be deemed to be not navigable when there is in ordinary weather in such watercourse less than 2 ft. of water in depth. 33. In case of dispute, the questions whether a watercourse is or is not navigable, and at what point any watercourse is or is not navigable, shall be determined by a Govt, officer. 34. No person holding a mg. claim or cone, or a placer claim on any navigable watercourse, shall prevent free navi- gation and passage thereon. 35. Where any watercourse passes through or adjacent to any mg. claim or cone, or any placer claim, the use of the water passing through or along the same shall be subject to any regns. to be from time to time in force. 36. Where any person prospecting for gold cuts a path or trail through the forest, he shall be entitled to the exclusive use thereof for a period of 3 months from the time he finished such path or trail. Mining— Regulations. 37. Every person, other than the person cutting such path BJ or trail, who uses any portion of such path or trail before thj expiration of the said period after such portion bias bi finished, and subsequently Locates a mg. claim or a plat claim on any ground to which he travelled by such portion of the path or trail without the permission of the person cutting the same, shall forfeit all right or claim to such mg. claim or placer claim. 38. "Where any question arises as to whether any person On has travelled to any ground Located by him by or along ;t im i""i" ,ru --'-' r - portion of the path or trail cut by another, without permission as aforesaid, before the expiration of the said period, the question shall be determined by a Govt, officer. 39. Where the applicant for a mg. cone., or for a license for Surveys— time a placer claim docs not desire to have the land which ho ha- included in the mg. or placer claim at onco surveyed, it shall not bo obligatory on the applicant to defray the cost of tho survey unless and until the Crown Surve3-or considers it necessary to make tho survey in order to prevent disputes or errors. 40. "Where the Crown Surveyor considers it necessary to When required make a survey, he shall cause an intimation to be given to the by ' '• s '" v ' • '""■ applicant that he considers a survey to be necessary, and thereupon the applicant shall be bound to pay tho fees for such survey : — and if tho applicant does not pay to the Crown Surveyor the fees for such survey within 1 month after such intimation has been given, the application shall bo deemed to bo rejected. 41. No mg. cone, and no license for a placer claim shall be Concession, &c. issued until tho land included therein has been surveyed by sum '>■•' " ' ' tcr an officer of the Govt. Land 1 department. 42. Every such survey shall bo at tho expense of the Costs. applicant. 43. The officer surveying the ground may modify or alter Modification of tho boundaries marked out on the ground, so as to mako tho app application conform to the regulations, or so as to avoid inter- ference with the rights or privileges of others. ■11. Where tho mg. or placer claim of any other person pre- Adjoining vents any cone, or license being issued in the form required, mUl cctm ^' A:c - such cone, or license may he issued for the land desire, 1. hut the area included shall as nearly conform to the provisions of the regulations as the circumstances will allow. The diagram shall show the limits as marked out by the applicant, and the boundaries which bbe officer of the Govt. Land Department deems should he adopted. 45. Tho fees shall be according to a scale to bo from time Pees. to time determined by the (iovt. and Ct. of 1'. 296 Magistekial Law. Boundaries. Concessions and licenses, after survey, Gov. may issue at his option. Objections. 4G. The person applying for the cone, or license shall be hound to supply sufficient labour to cut the boundary lines in such manner as a Govt. Surveyor may direct. 47. Any application for a cone, or license may be at once rejected. 48. After the application has been duly advertised, and the land surveyed, the Gov. (if it appears to him expedient so to do) may issue a nig. cone, or a license to occupy the placer claim for the time therein mentioned. Nothing contained in these regulations shall be deemed to make it compulsory on the Gov. to issue an}' such cone, or license. 49. Any person objecting to the issue of any cone, or license may file at the office of the Govt. Land Department his reasons of opposition on or before the last Saturday on which the application is required to be advertised. Proceedings under r. 49. Abraham (and Others) v. Hodgkinson (10 March' 8 8). The Old Gold Mining Company opposed the application of H. for a gold mg. cone, in Ess. Mr. Clark, who appeared for the pits, and opposers, expressed his readiness to proceed with the matter. Mr. T. H. Glennie said he appeared as attorney in this colony for H., who was in England. There was some delay, about 9 months, in adver- tising the claims, and as soon as opposition was entered, he wrote home informing H. and forwarding to him the opposition. That morning he received from H. an acknowledgment of his letter and the other papers which he said he had received on the very day the mail was leaving Eng- land, therefore he had not sufficient time to answer the opposition or send out instructions. He hoped to receive instructions in the matter within a fortnight, and if his Honour thought it a reasonable application, he asked for a postponement for three weeks. Mr. Clark said he was in a delicate position, his clients having in- structed him that they had had to pay royalty on the gold that had been forwarded from this place to town, and there were men located on the cone, which was a matter of some expense to the co. He had no desire to snatch the judgment of the Ct., however, and if Mr. Glennie would consent to become responsible for the expense that would be incurred by having these men on the place, he had no objection to a postponement for four weeks. The reasons of opposition were dated 16 Jan. '88, and the rejoinder, or the last document that was filed in the matter, 15 Feb. An application for postponement was made on his (Mr. Clark's) behalf on 24 Feb. He had appeared since, when the matter was further postponed, to the dissatisfaction of his clients. His Honour granted the postponement on condition the respt. paid the costs of appearance of counsel on two occasions. Term of licenses. 50. No license to occupy a placer claim shall be issued to remain in force for more than 12 months from the date of its issue, but the same may be renewed from time to time if it appears to the Gov. expedient to permit the same to be renewed. Minim. — REGULATIONS. 297 51. A Govt, officer may (where it appears to him absolutely I" : necessary to do so fur the maintenance uf the public peace, Or for the protection of the interests of individuals or the( brown) require all work to cease on a cone, or placer claim, and thereupon all work shall cease for such time, unless such order be varied or set aside en review. 52. Where any dispute arises as to what land is or is not Mtoiawfp] lawfully occupied, or has or has aol been lawfully located, "' "'""' the question shall be decided by a Govt, officer 53. Every order of a Govt, officer affecting the interesl of Bovt.offl any private individual in or to any COnC Or any mg. Or phu i : claim, or in or to any valuable mineral, shall, for the purposes of these regns., l>o deemed to be an order made by a St. Mag. under the provisions of the summary jurisdiction ords. now or hereafter to he in force, and shall be subject to the review and appeal provd. by the ords. relating to the summary juris- diction of St. .Mans, now or hereafter to be in force, subject to the following modifications : — (1) The order of the Govt, officer shall be given ell.it to Execration of and be enforced, notwg. any appln. for review, ^'/.Vt'JrTview until such order be varied or set aside in review procdgB.; [but see art. 57]. (2) The appln. for review may be made within anytime time for review; not exedg. 6 months from the date of the order, and within 1 month from the date on which the applicant for review became aware of the order. (3) When the decision depends on questions of fact, either re-hearing on party, on depositing in the Registry of Ct. the sum de P 0SIt - of si no for costs, shall be entitled to have the matter rein aid, and the witnesses examined before the Ct. in review. (4) The applon. for review, instead of being served on the Sen Govt, officer giving the order, may be served at the office of the Govt. Land Dept. in G. (5) The proedgs. in review shall be in G., tmless otherwise Locus m^uo. ordered by the Ct. of review or appeal. 54. Where any reasons of opposition ai'e or have been filed Noticeol to the granting of any mg. cone, or any license for a placer aEpScwit. claim, the Crown Surveyor shall cause notice to be given to the applicant of Buch opposition, and shall file, the application and reasons of opposition in the office of the Beg. of 1». GK in (J. The applicant may within 14 days thereafter file in the limefot said office his answer to such reasons, and the person Opposing JSjoinder. may within 11 days thereafter file his rejoinder. The Keg., after the lapse of 1 month from the date of the Setting dovra. filing of the papers by the Crown Surveyor, or before the 298 Magisterial Law. Review Ct. : jurisdiction. Appeal. Saving of Govt. rights, &c. "When work to cease pending review. "Working con- cessions, &c. Royalties. expiration of that period, on the application of the parties, or if the applicant is in default of filing his answer within the prescribed time, shall set down the matter for hearing by the Ct. of review. The parties, or any of them, and whether or not they have filed any answer or rejoinder, may appear at the hearing, and may summon and examine such witnesses, as they or any of them may desire. 55. The Ct. of review shall have full jurisdiction to hear and to decide all matters brought before the said Ct. under the provisions of these regns., and shall decide as between the parties all questions of fact and of law so raised. " Court of Review," in these regns., means the Supr. Civil Ct. sitting as a Ct. of review under ord. 5, '68. Every person aggrieved by any decision of the Ct. of review may appeal to the Supr. Civil Ct. in the manner provided by the summary jurisdiction ords., and the said Ct. shall have full jurisdiction, and shall determine all questions as between the parties so raised in appeal. 56. The decision of the Ct. in review, or of the Supr. Ct. in appeal, shall bind the parties, but shall give no right as against the Crown or any Govt, officer, and shall not be deemed to confer any right to obtain any license or cone. 57. The Ct. in review may, on any good cause being shown, order that all work shall cease on any cone, or placer claim pending the decision of the matter. Such order shall only be made after notice of the application for the same has been given to the person to be affected, or to their agent in G. or New Am. 58. The owner or holder of every mg. cone, shall be bound to work the same to the satisfaction of any Govt, officer appointed by the Gov. to inspect the same : — provided that 1 2 months shall be allowed from the date of the application of the cone, for the completion of arrangements. 59. Where, after the expiration of the said period of 12 months, the royalty on the minerals extracted from the ground comprised in any cone, in any 12 months is less than a sum equal to $1 per ann. for each acre of land above 50 acres included in the cone, the owner or holder of the cone, shall be bound to pay to the Crown Surveyor a further sum equal to the amount required to make up the difference, and in default thereof the cone, shall be forfeited. [As to payment of royalties, see rule 83.] Properly worked. 60. Every person occupying a placer claim shall be bound to work the same to the satisfaction of the Govt, officer ap- pointed by the Gov. to inspect the claim ; and if the claim be -Mi.MM, — Regulations. 299 not so worked, the person occupying the same shall forfeit all his interesl therein, if the Gov. so directs. 61. Subj eel to the other provisions of these regns., everj person occupying a placer claim shall be bound to have working on each placer claim at the same time not less than 3 nun. 62. Every person on occupying a placer claim shall be OontumoM bound to work the same continuously, unless prevented by w any reasonable cause— provided that where two or more placer claims held by the Bame person adjoin each otluT.nr w are within one mile of each Other, it, shall he Miliirif.ni if dajinsinone ii ■ ^ e ' j i • ■,! i , person's bands, work be earned on on one ot said claims with a number of men equal to the number of placer claims multiplied by three. 63. "When work ceases on an}- placer claim, the placer Report holder shall lie bound to report the fad at the nearest Govt. station -within a reasonable time, and obtain from a Govt. officer permission to desist from work for such time as maybe necessary. 64. Any interest in airy cone, or nig. or placer claim may be Xran transferred on registering such transfer in the office of the r, = hts - Govt, land dept. and paying a fee of $5. 65. No person occupying any cone, or mg. or placer claim iv-i-n attonof shall permit any other person to work as a labourer on. or to work on any such cone., &c., until such labourer has been registered at the Govt, station nearest to such cone, or placer claim. 66. Where labourers are engaged in G. they shall also be when engaged registered in G. before the P. Mag. or assistant do. 67. The fee for registering each labourer shall be Is., to be Fee. paid to the General Revenues. Winn labourers are registered in G. the fee shall be paid there, and no further fee shall be payable for registering any such labourers at any other Govt, station. 68. No East Indian im. shall be registered unless he produces Immitmmts. his certificate <>f exemption from labour. See ord. 7, '7:5, s. 69— p. 328 of "Laws, '77." 69. The rcgistor shall contain the name of the person Formofregistet registered, and his description, and such other particulars as the Gov. may from time to time require. 70. The Mag. or (iovt. oilicer before whom anv person is Contract, when first registered shall reduce to writing the particulars of the dr * TO » CT contract, and the entries purporting to be made for the pur- pose shall be evidence of the facts therein stated until the contrary be shown. Any copy of any entries purporting to be so made, certified • by any Mag., or Mag.'s clerk, or by any (iovt. officer to ),,■ 300 Magisterial Law. Pre-payment of wages for benefit of family, kc. On renewal of labour contract, no re-registra- tion. Rations. Labourer, at end of service, to be sent back free of cost. true copy of any entries purporting to be so made, shall be evidence of the facts therein stated until the contrary be shown. 71. On any person being registered he may require a portion of the amount accruing due to him to be paid to any person he desires to support, and the officer before whom such person is registered shall cause a memo, of the agreement to be made and acknowledged by both parties in his presence, and thereupon the person in whose favour such agreement is made, and no other, may recover thereunder on proof that the person employed has not returned, unless the person who is liable shows that the person employed has left the cone, or claim. 72. "Where any person is registered to work on any cone, or mg. or placer claim, and the agreement between himself and his employer is for a time limited, it shall not be necessary on the expiration of the term, if such person desires to continue on such cone, or claim, to again register such person. Where such person continues on the cone, or claim, he shall be fed or supplied with rations as required by rule 75. 73. Where any person who has been engaged to work on any cone, or mg. or placer claim for a time limited, desires on the expiration of such time to leave such cone, or claim, the holder of such cone, or claim shall within a reasonable time thereafter provide the means of conveyance to the place where such person was engaged, and : — In default of so doing, shall be guilty of an offence (sum- mary) : — Fine not excd°\ §50. Employing unregd. labourer. 74. Every person occupying a cone, or mg. or placer claim, who employs any labourer on, or suffers or permits any person to work on, any such cone, or placer claim, who has not been so duly registered, shall be guilty of an offence (summary) : — Fine not exedg. $24. Medicines. Rations. 75. Every person who employs any other person to work on a cone, or mg. or placer claim, shall be bound to keep on such cone, &c, such medicines and medical remedies as may from time to time be required by the Gov. by notice published in the 0. G. and a newspaper circulating in the colony : — and shall also be bound to feed every such person, or to furnish every such person so employed with sufficient rations, or with rations in accordance with any scale from time to time determined by the Gov. and published in like manner. Mixing — REGULATIONS. 301 No person shall be convicted or punished in respect of any Breach of thia breach of contracl for not working on any cone, or mg. placer claim, where the person prosecuting does no1 prove that the provisions of this regulation have been complied with. 7(j. Where any person on any mg. claim or cone, or on s iktuaiiines*. any placer claim is seriously ill, a G-ovt. officer may require the person in charge to Bend the person who is ill to the nearest hospital for medical treatment. If the person in charge refuses or neglects to comply with such requirement he shall be guilty of an offence (summary) : — Fine not exedg. $100. 77. Every person occupying a cone, or placer claim shall Book of account, record in a book, to 1"' approved of by the Govt., a correct account of all gold ami siher obtained on such placer claim, and every such hook shall be at all times open to the inspec- tion of a Govt, officer. The account shall be written up daily, and on any day on Daily entries of which gold or silver is not obtained an entry to that effect reBU " 8 - shall be made. 78. The royalty shall be 90c. for each oz. of gold, and 4c. Royalty. for each oz. of silver. 79. Where any person desires to prospect without or before prospectiD" locating any claim, he may obtain from any St. or Sp. J. P. a licenses, prospecting license, in the following form : — " A prospecting license is hereby granted to [here give name of person to Form of do whom issued, and such particulars as may identify the holder^ to prospect for, and when found to take, 1<1 and silver on any of the Crown lands of the colony not previously lawfully occupied. Given under my hand this day of , 18 — . CD., S. J. P. N.B. — The holder is hereby warned that this license in no way secures the right to occupy any ground. If he desires to Becure any right to occupy any ground, he must locate his claim, and if he does not do so any person locating any ground on which the holder is prospecting will be entitled to t in n him off, as a right of occupation is Becured by the person first locating a claim." 80. The Pee for such license shall be Is. Fee 81. Every St. Or Sp. J. P. who issues any prospecting Mag. 'a report, license shall, oner in each month, report to tin- Govt. Sec. the particulars of the licenses issued by him during the pre- vious month, and shall cause the fees to be paid into the Treasury. 82. Every person obtaining gold or silver on any placer Conveyance of gold, >^ 302 Magisterial Law. Payment of royalties. Receipt. Copies of permits. When permit dispensed with. When gold, &c. forfeited. Illegal convey- ance of gold, kc. Search by con- stables. Who cannot obtain permit. Purchase from vendor 'without permit. Who mav sell and buy raw gold, &c. claim (hereinafter referred to as raw gold or silver) who desires to remove the same shall (except as hereinafter pro- vided) cause it to be conveyed to the nearest Govt, station, and obtain from the Govt, officer a permit to convey it to G. or New Am. 83. The person who conveys any raw gold or silver to G. shall take the same to the officer of the Govt. Land Dept., and on exhibiting his permit, an officer of the Govt. Land Dept. shall certify the amount to be paid, and such amount shall be thereupon paid to the Col. Rec. Gen., and the person who conveys any raw gold or silver to New Am. shall take the same to the office of the Assist. Rec. Gen. 84. On the payment of the royalty, the Col. Rec. Gen. or assist, do. shall give a receipt for the royalty so paid. 85. Every Govt, officer shall be bound to transmit to the Cr. Surveyor a copy of each permit issued by him. 86. It shall be lawful for the Cr. Surveyor, on receiving security to his satisfaction, to issue to the holder of any cone, or mg. or placer claim, a written permission to convey raw gold or silver to G. or New Am. without obtaining a permit. 87. Every person conveying raw gold or silver without a permit beyond the Govt, station nearest to the place where it was found, or without obtaining written permission from the Cr. Surveyor so to do, shall forfeit such raw gold or silver. 88. Every person, other than a person licensed to trade in raw gold or silver, who is reasonably suspected to have passed any Govt, station, and to be conveying or to be in possession of raw gold or silver, who cannot produce a permit from the Govt, officer or the written permission of the Cr. Surveyor to convey the same, or a certificate that the royalty has been paid, may be arrested by any constable and searched, as well as all packages under his control. 89. Every person who is not lawfully occupying a mg. or placer claim, or who is not authorised by such person in writing, or who has not obtained a prospecting license, shall not obtain a permit to convey raw gold or silver. 90. No person shall purchase any raw gold or silver without the production of the permit authorising its removal from the placer claim, or of a receipt for the payment of the royalty ; and all raw gold or silver purchased contrary to the provisions of this regulation shall be forfeited. 91. No person, other than a person lawfully occupying a cone, or mg. or placer claim, to [«'c] sell any raw gold or silver. No person shall purchase any raw gold or silver unless he holds a license to trade in raw gold or silver. Mining — Regulations. 303 92. An annual license to trade in raw gold or silver may be License, issued by the Cr. Surveyor on the paymenl of a fee of sin. 93. The holder of every such license shall be bound to keep > keep such books as may from time to time be required by tin- Gov. ' by notice published in the 0. G. and a newspaper published in the colony, and every such book shall be at all times open to the in sped ion of a Govt, officer. 94. The person giving information as to the breach of these Cnfo regulations respecting the removal of or dealing with raw '" ' gold or silver, which leads to the forfeiture of any raw gold or silver shall be entitled to such portion of raw gold or silver so forfeited as the Gov. may award. 95. Where any raw gold or silver is forfeited, it shall be sold Sale of by the Cr. Surveyor at public sale, after notice of the sale forfeitul " has been advertised for 1 successive Saturdays in the 0. G. 96. Every person who holds a nig. cone, or a mg. or placer Forfeiture of claim, and does not comply with these regulations, shall forfeit "^j^*" placer all his interest in all placer claims held by him if the Gov. so orders. AVhere the right to any placer claim is forfeited, all interest Crown's rever- in any erections or works thereon shall cease, and the same slon ' shall become the absolute property of the (Jr. 97. The regulations shall apply to lands held by private Begns. apply to individuals, with the exception that no one shall locate any with exceptions. mg. or placer claim on the lands of any private individual without the consent of the owner of the surface of such land, and it shall not be necessary to survey the land. 98. Any person may on application obtain a license to ftedona stone* search for and take precious stones on any of the Cr. lands lcense * not lawfully occupied. 99. Every person obtaining any precious stones shall com- Finder to dis- municate in writing to the Govt. Sec. for the information of the Gov. the locality where such precious stones were found. 100. The Gov. may issue licenses to dredge on any navig- Dredging able river or creek, on such terms and conditions as may 1 ""' M -- appear expedient: provided that the royally payable under these regulations shall be payable on all gold and silver ob- tained, and nothing in any such license shall be deemed to authorise any act which would prevent tho proper navigation of such river or creek. 101. The aboriginal Indians shall not be affected by these Indians. regulations. 1 ()•_'. All land occupied or used by the abl. Inds. — and all Indian settle- land necessary for the quiet enjoyment of the abl. Ends, of ments - any Indian Settlement— shall be deemed to be lawfully occu- pied by them. 304 Magisterial Law. Indians not to disturb licensees, or take gold from placers. Personal protec- tion to Indians. Purchasing' from Indian prohi- bited. Misuse of Indian for obtaining' g-old. Govt, to pur- chase from Indians. Eepeal. Obstruction, &c. 103. No abl. Ind. shall be entitled to disturb any person lawfully occupying any cone, or mg. or placer claim: — or to take any gold or silver from any land lawfully occupied as a cone, or mg. or placer claim. All gold or silver found in the possession of an abl. Ind., and which can be proved to have been removed from a placer claim, shall be forfeited. 104. Any person occupying any cone, or mg. or placer claim, who ill-uses any abl. Ind. shall forfeit all interest in any cone, or mg. or placer claim or claims he may be interested in. 105. No person shall obtain, receive, or purchase any raw gold from any abl. Ind. All raw gold or silver obtained from any abl. Ind. shall be forfeited. 106. Where it appears to the Gov. or to a Mag. that any person has made use of any abl. Ind. to obtain any raw gold or silver in fraud of these regulations or of the law, the gold or silver so obtained shall be forfeited and may be applied for the benefit of such Ind., or otherwise as the Gov. may direct. 107. Where any abl. Ind. obtains and desires to sell raw gold, it shall be purchased by the Govt., and the proceeds paid to such Ind., or applied as the Gov. may direct. 108. The regulations heretofore in force are hereby repealed, but this repeal shall not affect any location or application made thereunder, or any right or interests acquired thereunder, and all acts done in pursuance of the regulations hereby repealed shall be deemed to have been done under these regulations, and all proceedings commenced under the regulations hereby repealed shall be deemed to have been commenced and shall continue under these regulations. 109. The Gov. may: — appoint and maintain Govt, sta- tions: — (110) direct what person, officer or officers shall be deemed to be Govt, officers for the purposes of these regula- tions, and who shall be deemed to be such Govt, officers at any Govt, stations so appointed. 111. Every Govt, officer may enter and inspect any mg. cone, or claim, or any placer claim, and any building or work connected therewith. 112. Every person obstructing or molesting any Govt, officer in carrying out these regns. shall be guilty of an offence (summary) : — Fine not exedg. $240. Notice of Govt, stations. 113. Notice of the position of all such Govt, stations so Old Metals. 305 appd., and of the persons or officers appd. to be Govt, officers as aforesaid shall Be published in the 0. G. 111. The Govt, may dire! that any Govt, officer shall he ; t i,,,t. officers. Govt, officer with power to ad in any part of the colony, or in a parlar. district, or to perform any parlar. duty under tlieso regns. 115. Regns. came into forco on publication. 476 Obeah. Ord. 1, '55 is repealed by ord. 12, '77. 477 Old Metals. < m- 4,-s s. Any dealer in old metals who cither personal?!/, or by any s 16 Dealers in servant or agent, purchases, receives, or bargains for any metal "j^.!]}' r l ' mentioned in the 1st column of the schedule annexed hereto^ whether new or old: — In any quantity at one time of less weight than the quantity set opposite each such metal in the 2nd column of the said schedule : — shall ho guilty of an offence (summary) : — Fine not exedg. §50. " Dealer in old metals "= (for the purposes of this s.) any "Dealers in old person dealing in, buying and selling, old metals, scrap metal, '"' broken metal, or partly manufactured metal goods, or de- faced, or old metal goods, and -whether such person deals in such articles only, or together -with second-hand goods or marine stores. Schedule. anle Column 1 . . Column 2. referred to in Quantities of not List of Metals. less than: — Lead, or any composition the principal ingredient Ids. of which is lead 112 Copper, do copper 56 Brass, do 1 Tin, do tin 56 Pewter, do pewter 56 German silver, or spelter, or any composition the principal ingredient of which is German silver or spelter 5G r. x 306 Ord. 5,'79. s 2 Title. s 1 Definitions. s 3 Establish- ment. s 4 Superinten- dent. s 5 Officers. s 8 Official "visitor." Subject to regu- lations of Ct. of Pol. s 9 School regulations — how made, approved, Magisterial Law. Onderneeming School. " Tlio Onderneeming School Orcls. '79— '83." Ord. 5, '79, is " The Ondg. School Ord. '79 " ; ord. 9, '83, is " The Ondg. School Ord. '83 " ; and they are collectively cited as " The Ondg. School Ords. '79— '83. (Ord. 9, '83, s. 1.) " Justice "= any St. or Sp. J. P., and the Police Mag. of G. "Combined Court "= Govt, and Ct. of Pol. of B. G. with the financial representatives of the inhabitants thereof in Combined Court assembled. "Onderneeming School " = the school established at 0. under the provisions of this ord. A school shall be established at Ondg. in the parish of St. John, co. Essbo., for the proper instruction and training of vagrant boys, and of youthful male offenders, who shall, as far as practicable, be there employed in agricultural pur- suits. The Gov. on behalf of H. M. may appoint some fit person to be superintendent of the Ondg. School, who shall hold the office during pleasure. The Gov. may appoint such officers, masters, matrons, and servants as he may consider necessary for the school, and such officers, &c. shall hold office during the Gov.'s pleasure. By s. 6, salaries are fixed by the Combined Court. By s. 7, wages, and other charges and expenses, are de- frayed by the Combined Court. The Gov. may appoint any person or persons to be official visitor, or official visitors of the Ondg. School ; and The Gov. and Ct. of P. may make (and when made may alter or revoke) regulations for the guidance of such official visitor, or visitors, in the discharge of his or their duties ; and Such regulations, when published in the 0. G., shall be binding on all concerned. The Ondg. School shall at all times be open to the inspec- tion of any member of the Combined Court. The superintendent of the Ondg. School shall make (and when made may alter or revoke) regulations : — (1.) For the proper classification of the inmates ; (2.) Por the training, education, and moral and religious instruction ; for the employment in agricultural pursuits, and for the apprenticeship of the children sent to the Ondg. School; and (3.) Generally for maintaining proper discipline in, and for the proper conduct and management of the Ondg. School. All regulations so made shall be laid before the Gov. and Ct. of P. for approval, and shall have no force or effect until approved. OXDERXEEMIXG SCHOOL. 307 Ord. 5/79. Tlio Gov. and Ct. of P. may at any time alter or amend any such regulation, and any regulation as settled and approved by tho Ct. of P., and' published in the ' ». <;.. shall, until altered or revoked with tho like approval, have tho same effect as if such regulation were inserted in this ord. By s. 10, tho superintended La every Jan. to make a full sio Annual report of tho working of the school during the previous year rei " jr1 for tho Combined < lourt. [1 shall be lawful for the Gov., by warrant under his hand, f^J^ to direct that any boy ordered by any Justice, or by the schools, &c. Supreme, or anv Inferior Or. Ct., to be detained a! an Indust. School, or at a Reform. School, to bo detained at the Ondg. School for the then unexpired portion of tho period during which Buoh boy was so ordered to be detained. Boys apparently under the age of 16. Any person may bring before any justice any boy, appa- s 12 Boys under rcnthj under the age of 16 years, that comes within any of tho 10 ' following descriptions, viz. : — (1.) That is found begging or receiving alms (whether begging, fto., actually or under tho pretext of selling or offering for sale anything), or being in any street or public place for the purpose of so begging or receiving alms : — (•_'.) That is found wandering and not having any home or wandering, &c, settled place of abode, or proper guardianship, or visible means of subsistence : — (3.) That is found destitute, either being an orphan, or destitute, &c, having a surviving parent who is undergoing penal servitude or imprisonment : — (4.) That frequents tho company of reputed thieves : — Tho justice before whom a boy is brought as coming within how dealt with, one of those descriptions, if satisfied on inquiry of that fact and that it is expedient to deal with him under this ord., may order him to be sent to the Ondg. School. Where a boy apparently under (he age of 16 years is charged W ^3J2 before a Justice with an olfence punishable by such Justice on summary conviction, and the child ought in the opinion of the Justice (regard being had to his age and to the circumstances of the case) to be sent to the Ondg. School, the Justice may order him to be sent to such school. Where the parent or step-parent or guardian of a boy g^*^ '• apparently under the age of sixteen years represents t<> a Justice control, that ho is unable to control the buy. and that he desires that the boy be sent to tho < >ndg. School under this ord : — Or, where any boy apparently under the age of 1G years is now 9 r ' 1, > 1 : ,il ^ 1 i '^ 1 in X 2 in lis . s oo , Ord. 5,'79. how dealt with. 308 Magisterial Law. by law liable to be ordered to be detained in an Industrial School : — The Justice, if satisfied on inquiry that it is expedient to deal with the boy under this ord., may order him to be sent to the Ondg. School. Justices' Order of Detention. The order of a Justico sending a boy to the Ondg. School (in this ord. referred to as the " order of detention " ) shall be in writing, and shall specify the time for which the boy is to be detained in the School, being such time as to the Justice seems proper for the teaching and training of the boy. The concluding part of this s. has been omitted, as it is repealed by s. 3 of ord. 9, '83. There is no review under this s. (See s. 40, infra.) The order of detention shall be forwarded to the Supt. of the Ondg. School with the boy, and shall be a sufficient warrant for the conveyance of the boy thither and his deten- tion there. An instrument purporting to be an order for detention in the Ondg. School and to be signed by a Justice, or purporting to be a copy of such an order and to be certified as such by the clerk to the justice by whom the order was made, shall be evidence of the order. [As to order, when endorsed by Supt. being made further evidence, see s. 38 infra.'] Whenever any offender who, in the judgment of the Ct. before which he is charged is under the age of 16 years, is convicted of an offence punishable with penal servitude or impr. before the Supr. or an Infr. Ct. of Crim. Justice : — The Ct., instead of awarding a sentence of penal servitude or impr., may order him to be sent to the Ondg. School, and to be there detained for a period of not less than 2 years and not more than 5 years. [S. 15 applies to Justices' orders only.] s 19 now order The keeper of every prison having in his custody any cam^out t0be youthful offender ordered to be sent to the Ondg. School shall deliver such offender into the custody of the Supt. of the Ondg. School, together with the warrant or other document in pursuance of which the offender is sent to the school. The possession of the warrant or other document in pur- suance of which a youthful offender is sent to the Ondg. School shall be sufficient authority for his detention in such school. s 15 Order of detention Ord. 0, 'S3, s. 3. s 16 is warrant for boy's removal. s 17 How proved. s 18 Convicts under 16 years. Sentence eom- mutable to detention at Ondg. School. s 20 Authority for detention. OxBERXEEMIXG SCHOOL. 309 Ord. 5,'79. Offences by Boys in the School. If any hoy detained in the ()ndij. School wilfully neglects or s2i breaking refuses to conform to the regulations thereof: — uons. Punishmenl —Imp. no! exodg. 3 months, with or without h. L, and with or without whipping [not i . instrument to be nan. (s. 39, infra)]:— And ai the expiration of the term of his impr. he Bhall be brought back to the school, tin iv to be detained during a period equal to bo much of bis period of deti ntion as remaiucd unexpired at the time of bis being sent to prison. If aiii/ boy ordered to be detained in the Ondy. School escapes s22 Escaping therefrom, at any time before the expiration of his period of de- n " I11M:l1001 - tea/ion, he amy be apprehended without warrant, and (if tlio Supt. thinks lit) may be then brought before a Justice : — [As to boys residing out of the school by license, and being punishable under this s., Bee s. 24, infra : — ] Punishment — as in S. 21. Offences by Inmates or Outsiders. Every person who — s 03 r „ iyH (1) Knowingly assists, directly or indirectly, any bo} r dc- ^'/.'i".'' 1 " tained in the Ondg. School to escape from the school : — (2) Directly or indirectly induces such boy to escape from inducing-, the school : — (3) Knowingly harbours, conceals, or prevents from return- harbouring. ing to the school any boy who has escaped from the Ondg. School : — Fine not exedg. $96, or, at J.'s discretion, impr. not exedg. 4 months, with or without h. 1. Tho Supt. may, with the approval of the Gov., at any time s24 wii.-n after the expiration of G months of the period of detention , allotted to a boy, by license under his hand, permit him to withfriends. live with any trustworthy and respectable person named in the license and willing to receive, teach, train and take charge of him. Any license so granted shall not bo in force for more than Term of license. G months, but may, at any time before tho expiration of those 6 months, be renewed for a further period not exedg. G months, Renewal of do. to commence from the previous period of 6 months, and so from time to time until tho period of detention of the boy is expired. Any such license may also bo revoked at any lime by the Revocation of Supt., by writing under his hand, with the approval of the Gov., and thereupon tho boy to whom the license related may 310 Magisterial Law. Ord. 5 '79. Time on license to count as pai-t time of deten- tion. Offences when under license equivalent to offences at school. s25 Appren- ticing' boys in school with their consent. s 26 Supt.'s certificate made evidence. s 27 Convicts, under 16, par- doned on condi- tion of going to reformatory, may be sent to Ondg. S 28 Liability to contribute to boy's mainte- nance, of the father, mother, &e. be required by him, by writing under bis band, to return to tbe Ondg\ Scbool. Tbe time during which a boy is absent from tbe scbool in pursuance of a license sball, except where sucb bcense lias been forfeited by bis misconduct, be deemed to be part of tbe time of bis detention in tbe scbool, and at the expiration of tbe time allowed by tbe license be sball be taken back to tbe scbool. Any boy escaping from tbe person with whom he is placed under a license, or refusing to return to the school on the re- vocation of his license or at the expiration of the time allowed thereby, shall be deemed to have escaped from the school, and shall be liable to the same penalty (see s. 22). The Supt., subject to such regulations as may from time to time be approved by the Gov. and Ct. of Pol., may, with the consent of the boy concerned, bind any boy ordered to be de- tained in the Ondg. School apprentice to any trade, calling or service, until he shall complete the age of 18 years, notwith- standing that his period of detention has not expired ; and every such binding shall be valid and effectual to all intents. A certificate purporting to be signed by the Supt. of the Ondg. School, to the effect that the child therein named was duly received into and is at the signing thereof detained in the school ; or has been duly discharged or removed there- from ; or otherwise disposed of according to law ; shall be evidence of the matters therein stated. Where, before or after the taking effect of this ord., a boy apparently under the age of 16 years has been sentenced to penal servitude or impt., and has been pardoned by the Gov. on condition of his going to a reform, school, the Gov. may direct him, if under the age of 16 years, to be sent to the Ondg. School for a period of not less than 2 years nor more than 5 years ; and thereupon such offender shall be deemed to be subject to all the provisions of this ord. as if he had been originally ordered to be detained in the Ondg. School. When any boy is detained in the Ondg. School, the father of the boy (and whether the boy is a legitimate or illegitimate son) shall, if of sufficient ability, contribute to the mainte- nance and training of the boy in the school a sum not exedg. $1 a week : — And where the father of the boy as aforesaid is not of suffi- cient abibty, or where the father is of sufficient ability to pay a part only of the said sum, then the mother, the guardian, every person bound by law to contribute to the support of the boy, and every male person cohabiting with the mother of the boy, shall, if of sufficient ability, be bound singuli in solidum to contribute to the maintenance of the boy in the school the Onderxf.emixg Sciiool. 311 Ord. 5, '79. said sum, or such part thereof as tlio father is not of sufficient ability to pay. Semble there is no provision here for the case of the death of the father. — Ed. On the complaint of any Inspr. of P., or of the Supt. of the b 29 Ability to Ondg. School, or of any police officer or constable auth £"■ thereto by the Supt., at any time during the detention of a child in the Ondg. School, any Justice may, on summons to any person liable under the preceding section to contribute to the maintenance of such hoy in the school, examine into his ability to maintain the child, and may, if he thinhs fit, make an order on such person for the payment to the Supt. or his agent, of such weekly sum, not ezedg. $1 a week, as to him seems reasonable, during the whole or any part of the time for which the child is liable to bo detained in the Ondg. School. AYhcre any person other than the father of the boy is Omuwnt* proceeded against, the burden of proving that the father is of ^!!. : sufficient ability to contribute to the maintenance of the boy when other than shall be on the person proceeded against. Where two or more persons are liable to contributo to the Contribution, maintenance of the boy, the Justin- may summons all or any *]. of such persons before him, and cither at the same time or at joint or a different times, and may order that each shall be liable for the payment of the -whole sum ordered to be paid, or for such portion thereof as the Justice may direct. Where the order directs more than one person to pay any rjnd ■> joint ami amount the order shall bo deemed to be a separate order p.Vy'',','^' against each; provided that where the Justice orders that eanreooveclrom each shall be liable to pay the whole amount named, the one others - paying shall be entitled to contribution from the othi named in the order. In every proceeding under this section, the justice shall JJjj&l sp «? era have full power for the purposes of this ord. to inquire into and determine whether the person proceeded against is liable to contributo to the maintenance in the school of tho boy named. Every such order may specify the time during which the s 30 Form of payment is to be made, or may direct tho payment to be me ^ t,ri '' J " made until further order: — And every such order may he enforced by any justice in a Enforcing order summary manner by distress, and in default of sufficient distress, by impr. with or without h. 1. not exedg. 3 months. Every such payment shall <^o in relief of the charges on the b 31 Appropria- col. treasury in respect of the Ondg. School, and shall bo J;;.':,: : l ■ ) ' accounted for by the Supt. and paid over to the Receiver Hen. within 7 days after the expiration of every month. 312 Magisterial Law. Ord. 5,'79. S 32 Appeal to the tiov. s 33 Variation of order for payment. Ord. 9,'83. s 2 Boys to be discharged on attaining 18. Ord. 5,'79. s 35 Gov.'s order for dis- charge. s 36 Forms in schedule. s 37 Notice on Supt;., how served. S 38 Order of detention, in- dorsed by Supt. evidence. S 39 Particulars when whipping ordered. s 40 Legal procedure. No review under s. 15. The Gov. may, in his discretion, remit, wholly or partially, any payment so ordered. Any justice may from time to time vary any such order of payment on the application either of the person on whom the order was made, or of the Supt. of the Ondg. School, as the case may be, or his agent, on 14 days' notice being given to the Supt. or such person respectively. No boy who shall, to the knowledge of the Supt. of the Ondg. School, have attained the age of 18 years shall be detained in the Ondg. School. S. 34 of ord. 5, '79, is repealed by s. 4 of ord. 9, '83, and s. 2 of ord. 9, '83, is substituted for it. The Gov. may at any time order any boy to be discharged from the Ondg. School, either absolutely or on such condition as the Gov. approves, and the boy shall be discharged accordingly. No summons, notice, or order made for the purpose of carry- ing into effect the provisions of this ord. shall be invalidated for want of form only ; and the forms in the sched. to this ord. annexed, or forms to the like effect, may be used in the matters to which they refer, with such variations as circum- stances require, and when used shall be deemed sufficient. Service of notice may be made on the Supt. of the Ondg. School by delivery of the notice to him personally, or by being sent by post in a letter addressed to the Supt. of the school. The production of the warrant or other document, in pursu- ance of which a boy is directed to be sent to the Ondg. School [see ss. 15, 16, 17, supra], with a statement endorsed thereon or annexed thereto, purporting to be signed by the Supt. of the Ondg. School, that the boy mentioned therein is, at the date of the signing thereof, detained in the school, or has been otherwise dealt with according to law, shall, in all proceed- ings relating to such boy, be evidence of the identity of, and of the due making of, the order, and subsequent detention of the person named in the warrant or other document. Whenever whipping may be awarded under this ord. by a justice [see ss. 21, 22], the justice shall specify in the convic- tion the number of strokes, not exedg. 25, and the instrument with which they shall be inflicted — [and in private, p. 17]. Ords. 19, '56; 3, '68 ; and 5, '68, shall apply to all offences, payments, and orders, in respect of which jurisdiction is given to a S. J. P. by this ord., or which are by this ord. directed to be prosecuted, enforced, or made in a summary manner or on summary conviction : provided always, that no order of detention made under s. 15 hereof shall be subject to review. Ord. 26,'80. 2 Definitions. Opium. 313 481 Opium. "The Opium Ord. 26, '80." " The Opium Ord. '80," except where Lneonsistenl there- with, is to bo construed as one with ord. 22, '61. I teds. 22, '61, and 26, ; m>, to 1"' cited collectively as "The Opium Ords. '01— '80." [S. 1G of 26, '80, a peals b. 1 of 22, '61, ana bo much of that ord. as is inconsistent with -6, 'SO.] "Excise Board"=do. under ord. 2.3, '68, s. 12 [Spirituous s Liquors], p. 249 ('77). ""Wholesale dealer "= any person holding a license to im- port or sell op. or bh. by wholesale, and in quantities exedg. 25lbs. weight, avoirdupois. "Betail dealer "= any person holding a license to sell op. or l>h. by retail, and in quantities not exedg. the quantity permitted to be sold by such dealer to any one person within any one period of 24 hours. Bhang- (s. 16) includes ganje, as in ord. 22, '61, s. 28. " Certificated opium store" — see s. 4 of ord. 20, '80 (p. 310). "Requisite permit " — see s. 11, do. 0rd 22 < 61 " Opium "=any op., whether pure or mixed with any s28Deftai- ingredient or thing, and any preparation thereof or extract tl0DS - therefrom, not being intended lor medicinal purposes only. " Bhang " = any bh., whether pure or mixed with any ingredient or thing, and shall also comprehend and include ganje, whether pure or mixed with any ingredient or thing, and any preparation or extract of or from either of them. "Com. of Taxes "=any Sub-Corn, of Taxes, and any revenue officer of rivers, creeks, Crown lands and forests. "St. or Sp. J. r."=rolice Mag. of GK, and any Supt. of rivers, creeks, Crown lands and forests. Ord. 26/80. Save as hereinafter excepted : — — ; — Every person who imports, or sells, barters, or otherwise dis- ^ u ^n"j.ii"' 2>oscs of any up. or bh., shall be guilty of an offence (sum- mary) : — Fine, §10— $96. The following are the exceptions, and in (lie excepted cases Bxoept following, op. or bh. may be lawfully imported or sold, bartered, or otherwise disposed of: — (1.) Where it is imported and sold, or sold and disposed of, ■g a v* < ? e8>to by a wholesale dealer : — 314 Magisterial Law. Ord. 26/80. by retail dealer : on medical order, by druggist ; medicinally, by licensed druggist. S 10 Retail licenses to druggists. Limit to quan- tity. (Or by some servant or agent employed by such wholesale dealer) in quantities of not less than 25lbs. weight, avoir- dupois : — (a) To a retail dealer : — (b) To a druggist holding a license from the Excise Board to buy op. and bh., and sell the same : — (c) To any medical establishment for medicinal purposes solely. (2.) "Where it is sold or disposed of by a retail dealer (or by some servant or agent employed by such retail dealer) : — in quantities not exedg. the quantity permitted by law (s. 5 of 22, 'Gl) to be sold to one person within any one period of 24 hours: — (3.) Where it is sold or disposed of by a druggist or dis- penser on the written order of a licensed metl. practr. and in a quantity not exedg. the quantity ordered by such med. practr. : — (4.) Where it is sold or disposed of bond fide by any licensed chemist or druggist for medicinal purposes solely. (See s. 10.) The Excise Board may grant a license to any licensed chemist or druggist to obtain and keep on his premises, and sell or dispose of, op. or bh. for medicinal purposes. (See s. 11 of ord. 22, '61, as to quantities obtained elsewhere than from Col. B. warehouse), p. 482 ('77). Every such license shall be revocable at the pleasure of the Board, and may be granted subject to such terms and condi- tions as to the Board may seem meet, and [who] may require that due account of the disposal and sale of all such op. or bh. shall be made to the Board, or otherwise, as the Board may direct : — And no license shall authorise any chomist or druggist to obtain at any one time a greater quantity of op. or bh. than 50 lbs. in weight (av.). (See s. 4 of ord. 22, '61, as to notice-board.) S 6 Wholesale dealer's record. 6 7 Retail ditto. Every wholesale dealer shall keep on his business premises a book (Form B. Sched.), in which shall be entered the quan- tity of all op. or bh. brought on the premises, or delivered therefrom, with a full description in each case of the packages and of the marks and numbers thereon. Every retail dealer shall keep on his business premises a book (Form C. Sched.), in which shall be entered the quan- tity of all op. or bh. received by such dealer, and the name of the wholesale dealer from whom he purchased the same, and Opium. 31 J Ord. 26, '80. tlio date when it was received by him, with a full description of each package and of the marks and numbers thereon. Every Com. of T. may enter the business premises of any sEK'.jm.ofTiix. wholesale dealer, or of any ri tail dealer: — and examine the a same, and the book required to be kepi by any such dealer, and the stock of op. or bh. on such premises: — And all op. or bh., the possession of which is not duly accounted for by the transactions recorded in tlio book or books required by this ord. (ss. 6 and 7) or ord. 22, '61 (s. 5), to be kept, shall b and forfeited. Seep. 317. (Compare B. 11 of ord. 22, '61.) Even/ wholesale dealt r and every retail dealer : — s 9 offences, as Who neglects or refuses to produce any book required to be t<-> books. kept by any such dealer to any Com. requiring to inspect the siime : — Or who omits to make the necessary entries in any sue// book on the same day on which the transaction (which is required to bo therein recorded) takes place : — Or who makes any fictitious entry in any such book: — Shall bo guilty of an offence (summary) : — Fine, not exedg. $50. The possession of op. or bh. in any quantity exedg. a quan- s 12 Unlawful tity of 4 oz. in weight, avoirdupois, shall bo unlawful: — Except under the following circumstances : — (1) When it is in the possession of a wholesale dealer in a unless by certificated op. store (s. 4 of ord. 26, '80) :— wholesale dealer, (2) When it is in the possession of a retail dealer (s. 3 of retail do.; ord. 22, '61):— (3) When it is in the possession of a chemist or druggist : — druggists with who holds a license from the Excise Board to have in his °P iumli ' possession op. or bh. for medicinal purposes (s. 10 of ord. 26, '80) :— And the quantity does not exceed the quantity allowed by the Excise Board