appeal from such award by petition to the Supreme Court of Civil Justice; and such appeal shall be heard and decided at the Session of the Court in Georgetown thereafter next ensuing. ceed $240, and where it ex not known. 15. If the parties interested in any property that may be taken Proceedings of possession of under the third or sixth section hereof are not known, where amonnt Magistrate the Magistrate shall first procure an appraisement of the property does not ex to be made by two disinterested persons, and if the appraised amount of special jary does not exceed two hundred and forty dollars, shall proceed by ceeds $240, himself, and if it exceeds two hundred and forty dollars, shall pro- when parties ceed along with a jury in manner as herein before provided, to determine or assess the value; and the notices herein before required to be served on parties who are known shall be addressed to all whom it may concern, and shall be affixed to some conspicuous part of the property, in cases where a jury is to be struck, at least seven clear days before the day appointed for the striking of the jury, and in all cases at least fourteen days before the day appointed for the determining or assessing of the value, and shall also be published in the Official Gazette and in every newspaper published in Georgetown, in cases where a jury is to be struck at least seven clear days before the day appointed for the striking of the jury, and in all cases at least fourteen days previous to the day appointed for the determining or assessing of the value; and any party interested appearing to any such notice shall be entitled to be heard and to proceed as if the notice had been served on him; but if no party claiming to be interested shall come forward, the Mayor and Town Council may proceed ex parte up to the final close of the matter, and in that case the amount that may be determined or assessed shall be deposited in the Registrar's Office, and may be paid out by order of the Supreme Court of Civil Justice, on the petition of any person or persons proving a right thereto, subject to the provisions of the seventeenth section hereof. arises. or 16. Whenever any dispute or question of the kind mentioned in Where dispute the fifth section thereof, or of any other kind whatsoever, shall arise or question among several claimants, or when, in the absence of any such dis- doubt held as to appropria pute or question, the Magistrate shall entertain any doubt as to the tion of amount apportionment or appropriation of any amount that may be deter- assessed or awarded, mined or assessed, such amount shall be deposited in the Registrar's amount to be Office, and the apportionment or appropriation thereof shall be Registrar's determined deposited in office, and By. preme Court [Ord. 20 anno 1866.] and make order for pay ment, subject to provisions of Section 17. Money not elaimed within No. XXII. to hear matter determined by the Supreme Court of Civil Justice, in Georgetown, on the petition of any party interested; and thereupon any money so deposited shall be paid out on the order of such Court to the person or persons proving a right thereto, subject to the provisions of the seventeenth section hereof. Any money deposited under the provisions of either of this or the last preceding section, and not claimed within one year after the date of the deposit, shall be paid by the Registrar into the Colony Chest, and shall be subject to the sions of Ordi. same provisions as are enacted by Ordinance No. 8, of the year 1865, in relation to unclaimed dividends and balances paid into the Colony Chest by the Administrator-General. one year to be nance No. 8 of 1865. Registrar to give notice of hearing of cases coming before Court under provi sions of Sec tions 16 and 17. 17. Whenever any petition shall be presented to the Court under the provisions of the 15th or 16th sections hereof, the Court or any Judge thereof may, if they or he shall see fit, cause the Registrar to advertise in the Official Gazette, and in one or more of the newspapers of this Colony, giving notice of not less than one month, to parties interested in the amount to which such petition shall refer, at the time at which such petition will be heard by the Court. Whenever any petition shall come on to be heard by the Supreme Court Court, and whether after the notice mentioned in this section or not, to hear, and make award the Court shall entertain and adjudicate upon the claims of all in such cases. parties who shall make any claim as proprietors, lessees or mortgagees of, or as having any other claim on, or interest in, the property as the price or value of, or compensation for, which such amount shall have been deposited, and the Court shall award or apportion such amount, and shall make such order as to costs as to the Court shall seem meet. 18. When an order for the payment of money shall be made Public Notice, under the provisions of either the fifteenth or sixteenth section for two weeks, to be given by hereof, public notice thereof stating the name or names of the Registrar, of particulars of person or persons to whom such money has been adjudged payable, order of Court and the sum or sums payable to such person or persons, shall be for payment of given by the said Registrar, for two successive weeks in the Official Gazette, and in every newspaper published in Georgetown; and Money, during during such two weeks, such money shall be retained by the Registhat time, to trar in his hands, and shall remain liable by levy, garnishment, gistrar's hands attachment, or other legal process, available to any creditor or by levy, &c., creditors of any person or persons to whom the same shall be money. remain in Re and to be liable at instance of Creditor. payable. 19. Any [Ord. 20 anno 1866.1 No. XXII. 19. Any juror duly summoned under the provisions of this Penalty on Juror disobeyOrdinance, and failing to attend, shall be liable to a penalty not ing Summons. exceeding One Hundred Dollars, to be recovered in the Inferior Court of Civil Justice for the Counties of Demerary and Essequebo, by the Town Clerk, or by any party interested in the assessment in respect of which he shall have been summoned. Any amount recovered in any such suit by the Town Clerk shall go to the Town Appropriation of penalty. funds; and any amount recovered in any such suit by any party interested shall be for the use and benefit of such party.* witnesses to be summoned, to 20. At any hearing under this Ordinance, the parties interested Parties to be and their witnesses may be examined on oath or affirmation, and examined, and witnesses may be summoned, and their attendance shall be enforced, examined and in like manner as is provided by Ordinance No. 18 of the year 1858; be made to atand they shall be entitled to remuneration for attendance at the rates tend, and to be allowed by Ordinance No. 27 of the year 1855 to witnesses attending as provided by before the Supreme Court of Civil Justice. remunerated Ordinance No. 18 of 1858. 21. The whole of the outlay, charges, expenses, and liabilities of All outlay for every kind and description whatsoever which may be incurred by the aforesaid. to be improvements Mayor and Town Council in effecting the aforesaid improvements, shall be paid out of the money to be lent and advanced to them by rowed here the Colony under this Ordinance. (Section 22 expired in 1874,) per centum money bor under. Both of above preference, Bates to have and to be recoverable by Summary Ex ecution, same 23. Every Special Improvement Rate, and Special Rate, respectively, levied under this Ordinance shall have the same preference, and shall be recoverable with interest at the rate of six per annum by parate or summary execution in the same manner, as the ordinary Town Tax and all persons whom it may concern as ordinary shall pay such Special Improvement Rate and Special Rate, respec- to be payable tively, to the Mayor and Town Council, in such proportions or as directed by instalments, and at such times and place, as they may by notice in the Official Gazette direct. : (The latter portion of this Section is Repealed by Ordinance 17 of Town Tax, and notice. VOL. IV. 1869, Section 1.) 24. It See Ordinance No. 5 of 1872, which provides for the distribution of the proceeds of all fines, penalties, and forfeitures. [Ord. 20 anno 1866.] No. XXII. Power to 24. It shall be lawful for the Mayor and Town Council to sell Town Council and dispose of the several Lots, as the same are respectively laid out and defined in the aforesaid approved Plan. to sell lots ac cording to plan. Mayor and to have pre lots-liens and preferent rights of 25. The Mayor and Town Council shall have, and are hereby Town Council declared to have, a preferent lien on each and every of said Lots, ferent lieu on and on all Buildings which may be erected thereon, over and above all liens and mortgages thereon, legal and conventional,-except crown except liens and preferent rights of the Crown,-for securing the due payment of the several instalments of the purchase money payable in respect of each and every of said Lots with interest as aforesaid. ed-for se curing payment of purchase money thereof Proceedings, in case of de fault of pay ment of any instalment of purchase money, for recovery of same, or whole amount. 26. In default of payment, when due, of any of the said instalments of principal and interest, the Mayor and Town Council may forthwith proceed by parate or summary execution against the property in default, either for the full amount of all such unpaid instalments with interest, or for the whole amount of the principal of said purchase money and of the interest on such principal remaining unpaid as at the time of such default, and even although the whole of such unpaid principal and interest may not then have become due, and recover from the sale of such property the amount so proceeded for and in every such proceeding by parate or summary execution the signature of the Town Clerk subscribed to any amount claims document setting forth or containing a statement of the amount ed to be prima claimed shall, without proof of such signature or of any other matter facic evidence of same being or thing, be held to be prima facie evidence of the amount claimed being in every particular correct. Town Clerk's signature to statement of correct. Preferent lien of Mayor and 27. The preferent lien hereby created in favour of the Mayor Town Council and Town Council shall subsist and continue in full force and effect to continue until whole of upon every such Lot and upon all Buildings thereon, until the whole of the purchase money thereof shall have been paid in full with money paid, notwithstand int rest, notwithstanding any sale, transport, letters of decree, coning transport or other con.. veyance, or other devolution of such lot. purchase veyance of property. Mayor and submit for ap 28. It shall be lawful for the Mayor and Town Council, preTown Council viously to their selling such lots, to frame and submit for approval to frame and to the Governor and Court of Policy, By-Laws for regulating the proval of Go Erection of Buildings in the said Cumingsburg North-west District, Court of Po- stating in what manner, with what materials, and under what licy, By-Laws res rictions and conditions such Buildings are to be constructed; for regulating erection of for regulating the due enclosure of Lots, and the sewage and drainBuildings. en. closure of lots. vernor and age &c., other age of the District, and the dimensions, form, and mode of con- age, dimen sions, &c. struction, and the keeping up, cleansing, and repairing of the drains, of drains, &c., emptying, &c., trenches, pipes, and other means of communication with sewers and of cesspools, the apparatus connected therewith; for the emptying, cleansing, works of closing, and filling up of Cess-pools and Privies; and for other cleansing, removing refuse, works of cleansing, and for removing and disposing of refuse; and and for regu for regulating the level, width, surface inclination, and the material &c., of paylating level of the pavement and roadway of the streets, lanes, and alleys thereof. ment, &c. No By-Law shall be of any force or effect unless and until the same to be in force until approved shall be approved by the Governor and Court of Policy; and it by Governor shall be lawful for the Governor and Court of Policy, before ap- policy may proving any such By-Law, to alter or amend the same in such be altered or manner as to them shall seem meet; and all By-Laws, when fore being apapproved, shall be published in the Official Gazette for general proved; when information, and when so published shall be binding upon, and be be published observed by, all parties whom they may concern. No By-Law and Court of amended be approved shall and when published, shall be binding on all persons. Laws, and for 29. Every person committing a breach of any of the said Bye- Penalties for Laws shall be liable to a penalty of exceeding Ten Dollars, and in breach of Bycase of a continuing offence, to a further penalty not exceeding Five continuing Dollars for each day after notice of the breach from the Town offence. Superintendent; and the production of a printed copy of the Offi- Production of cial Gazette containing such By-Laws shall be evidence of the Official Gazette existence, and of the due making, confirmation, and publication of By-Laws to containing such By-Laws in all prosecutions and proceedings under the same, proof of same. without adducing proof of the fact of the confirmation or publication of such By-Laws. be sufficient Town Council Town Clerk to 30. The Mayor and Town Council may pass Transports to the Mayor and purchasers of all property sold under the provisions of this Ordi- to pass transnance and whenever the Mayor and Town Council shall, under ports of property sold this Ordinance, purchase or sell any property of a tenure requiring hereunder, a transport thereof to be passed in order to vest the title thereto sign, and to affix Corporain the purchaser, such transport shall be passed either to, or by the tion Seal to Town Clerk, as the case may require, for and on behalf of the all transports, whether given Mayor and Town Council; and the Town Clerk, in passing or re- to, or by the ceiving a Transport, shall execute the same by signing his name Town Council. and official description, and affixing the Common Seal of the Corporation, thereto. Mayor and |