| Ord. 4 anno 1868.1

Ordinance to

No. XXIX.-XXX.

9. This Ordinance shall be construed with and shall form part be construed of Ordinance No. 8, of the year 1860, except in so far as the same nance No 8. of is hereby altered.

with Ordi

1800.

Commence

ment of Ordi. nance,

10. This Ordinance shall come into operation and take effect on and from the First day of February, One Thousand Eight Hundred and Sixty-Eight.

SCHEDULE OF SALARIES.

(Section 24 of Ordinance No. 3 of 1860, and Section 6 of this Ordinance.)

[Ord. 5 anno AN ORDINANCE TO AMEND ORDINANCE NO. 19, OF THE YEAR 1868.] 1856, AND TO IMPROVE THE ADMINISTRATION OF THE LAW SO FAR AS RESPECTS SUMMARY PROCEEDINGS BEFORE JUSTICES OF THE PEACE AND THE REVIEW OF SUCH PROCEEDINGS.

Preamble.

Enacted 11th February, 1868, published the 12th following, came into operation on publication.

[FRANCIS HINCKS, Governor.]

WHEREAS it is expedient to amend Ordinance No. 19, of the

year 1856, and to improve the administration of the Law so far as

respects

Ord. 5 anno 1868.1

No. XXX.

respects Summary Proceedings before Justices of the Peace and the Review of such Proceedings: Be it therefore enacted by His Excel. lency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof :

Section.

I. Sections 5, 7, 25, 26, 27, 28, 29, 30, 31, and 44, of Ordinance Repealing No. 19 of the year 1856, and section 6 of Ordinance No. 11 of the year 1858, are hereby repealed.

Section.

2. In this Ordinance, the word "Justice" used by itself, shall Interpretation mean any Stipendiary, Special, or Ordinary Justice of the Peace, now having, or who may hereafter have, summary jurisdiction in any matter, and also any Superintendent of Rivers, Creeks, Crown Lands, and forests; the word "Court," used by itself, shall mean Court of Review; and the word "Registrar," used by itself shall mean any person who may do the duty of Registrar of the Supreme Court of Civil Justice of this Colony.

allowed for

3. No objection shall be taken or allowed to any information, No objection complaint or summons made or issued under or by virtue of Ordi- want of form. nance No. 19, of the year 1856, or to any warrant to apprehend any defendant issued upon any such information or complaint under or by virtue of the said Ordinance, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, summons, or warrant, and the evidence adduced on the part of the informant or complainant; and any Justice may, at any time before his final decision in any matter, cause any such information, complaint, summons, or warrant to be amended so as to state the offence or ground of information or complaint correctly and in proper and legal form; but if any such variance or amendment shall appear to the Justice present, and acting at the hearing, to be such that the defendant has been thereby deceived or misled, it shall be lawful for such Justice, upon such terms as he shall think fit, to adjourn the hearing of the case to some future day; and every conviction, order, or other process whatever, made or issued under authority of the said Ordinance, shall, if expressed with reasonable accuracy, not be held inoperative, or bad, by reason of any defect of form therein, but shall be supported by all Courts, Judges, and Justices, as good, effectual and operative for the purposes for which it shall have been made or

N2.

issued į

to negative exemption.

issued; and no Conviction, Order, or other Process as aforesaid need be under Seal.

4. It shall not be necessary in any information, complaint, or Not necessary summons made or issued under or by virtue of Ordinance No. 19 of the year 1856, to negative any exemption, exception, proviso, or condition in the Ordinance under which the same shall be framed, but the defendant may prove the affirmative thereof in his defence, if he would have advantage of the same.

view.

5. The Supreme Court of Civil Justice of this Colony shall be a Court of Re- Court of Review in all cases of summary jurisdiction for the purposes hereinafter mentioned, and all matters in the Court of Review shall be heard and conducted before any one of the Judges of the said Supreme Court, who in all such matters shall have, possess and enjoy the power and authority of the said Supreme Court under this Ordinance; but any party feeling aggrieved by any decision, or order made in Review under this Ordinance by any one Judge may, within eight days from the pronunciation of such decision or order, appeal therefrom to the full Court composed of all the Judges, and the full Court may confirm, reverse, or vary such decision or order : Provided always, that the respondent in such appeal shall not be bound to appear at the hearing of the appeal, and shall not be liable to costs in appeal, unless he shall have been the applicaut for Review.

view.

6. In every case of appeal to the full Court the appellant must, Appeals from within the said period of eight days, note his appeal with the Court of Re-. Registrar and serve a copy thereof upon the opposite party, and must further, within the period aforesaid, deposit in the Registry of Court the sum of Fifty Dollars to abide the costs of appeal, together with the amount of any penalty, fine, or sum of money, if any, in the payment of which the appellant shall have been condemned: And the notice of Appeal must set forth truly and concisely the specific grounds of appeal.

7. The said Supreme Court or any two of the Judges thereof, Supreme Court may, subject to the provisions of this Ordinance, frame, and from may frame time to time alter or vary general orders for the following purposes :

Rules.

For

No. XXX.

For regulating the practice and procedure of the Court and the Judges thereof in all matters of Review under this Ordinance :

But no such orders shall take effect until they shall have been laid before the Governor and Court of Policy, and approved of by Resolution, and published in the Official Gazette.

[Ord. 5 anno (1868.1

8. It shall be lawful for the Governor and Court of Policy, by Governor and Court of Policy Resolution to be published in the Official Gazette, to fix and impose may fix and Fees to be charged and paid in respect of the several matters and impose fees. things mentioned in this Ordinance; and until such Fees shall be fixed and imposed by Resolution as aforesaid the same shall be payable according to the Tariff of Fees in Review established by Ordinance No. 11 of the year 1858, except as to Fees in appeal to the full Court; and such last mentioned Fees shall, until others in place thereof be fixed and imposed by Resolution as aforesaid, be payable according to the Tariff of Fees in force in the Supreme Court of Civil Justice.

or alter the

9. The fees payable by any Resolution under the authority of And may vary this Ordinance or any of them, may from time to time be varied or same. altered by the Governor and Court of Policy, by Resolution to be published in the Official Gazette, and other fees may be fixed and imposed by any such Resolution so made and published.

Court of Reamend, reverse

view may

or affirm Sum. mary Convic

10. The Court of Policy shall have full power and authority to amend, or to reverse, or affirm, in whole or in part, any sum mary Conviction or Order or other Adjudication of any Justice in any case of summary jurisdiction, for any of the following reasons, tions or Orders namely:

1. That the Justice has exceeded his jurisdiction or has no jurisdiction in the case:

2. That the Justice has acted corruptly or maliciously in the case: 3. That the Justice had an interest in the case:

4. That the case has been already tried and decided by, or forms the subject of a trial pending before, some competent tribunal

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5. That

[Ord. 5 anno 1868.1

No. XXX.

Court of Be

view may

order Justice

to entertain complaint.

obtain a Re

5. That legal evidence has been rejected, or that illegal evidence has been admitted by the Justice, and that in such last case there is not sufficient legal evidence to sustain the convic tion, order, or other adjudication, after rejecting such illegal evidence:

6. That the conviction, order, or other adjudication has been obtained by fraud:

7. That the conviction, order, or other adjudication is altogether unwarranted by the evidence, in like manner as if the case had been before a Jury, there would not have been sufficient evidence to sustain the verdict:

8. That the conviction, order, or other adjudication is erroneous in point of law :

9. That some other illegality not herein before specified, and substantially affecting the merits of the case, has been committed in the course of the proceedings.

II. If any Justice shall refuse to entertain an information or complaint in any case of summary jurisdiction, the party aggrieved by such refusal may obtain from him a copy of the entry in the Record Book relating to such refusal, and, on giving three days' previous notice thereof to the Justice, may make application to the Court of Review for an order, to be considered an order in review, on the Justice to entertain, hear, and determine such information and complaint; and, if the Court of Review shall see fit, to grant such order, the Justice shall be bound forthwith to entertain, and thereafter to hear and determine, such information or complaint in due course of law.

12. Any party, wishing to bring any summary conviction or order Proceeding to or other Adjudication of any Justice in any case of summary jurisview of Sum- diction in Review before the Court, may make his application for mary convic. review verbally at the time of the hearing, and may state at the same time his reasons of review; and the Justice shall thereupon enter each application and the reasons thereof, in the Record Book, and shall within ten days transmit an extract of such entry to the

tion or Order.

Registrar,