[Ord. 13 anno 1869.1 No. LVIII. Colony; but nevertheless such Heirs or Representatives shall have remedy for such money so paid as aforesaid against the persons who shall have received the same. and parties amounts so 21. Payment of any money by the Receiver General to any Payments to person appointed Executor of any deceased Depositor by virtue of Executors valid any Will duly recorded in the Registrar's Office and appearing to claiming be in force as the last Will of the said deceased Depositor, shall be paid to have valid and effectual with respect to any demand of any other persons those who have remedy against as the lawful Representatives of such Depositor against the Funds received them. of such Savings Bank, or against the Receiver General, or the Government of the Colony, but nevertheless such lawful Represen、 tatives shall have remedy for such money so paid as aforesaid against the person who shall have received the same. referred to order shall be 22. If any dispute shall arise between the Receiver General and Disputes to be any individual Depositor in any such Savings Bauk, or any Heir, Administrator Executor, Administrator, or Creditor of any deceased Depositor, General whose or any person claiming to be such Heir, Executor, Administrator, final. or Creditor, then and in every such case the matter so in dispute shall be referred to the arbitration of the Administrator General, and whatever award, order or determination shall be made by the said Administrator General, shall be binding and conclusive on all parties, and shall be final to all intents and purposes, without any appeal. years after notification. 23. All sums in any such Savings Bauk remaining unclaimed Sums unfor a period of Five years next after the date of the last Deposit or claimed for 5 Payment, shall be carried to a separate account and the Receiver Deposit to lapse to Colony General shall cause the names of the Depositors to be published for after public four successive Saturdays in each year in the Official Gazette during a period of five years from the first of such advertisements and any of such sums which shall not be claimed within the said period by any person showing a lawful right thereto shall lapse and accrue to the public Revenues of the Colony. : Governor may issue from 24. If at any time the Assets of the said Savings Banks shall be insufficient to meet the lawful claims of all Depositors, it shall General Reve be nue deficiency in Banks. [Ord. 13 anno 1869.] Moneys deposited to be invested. No. LVIII. be lawful for the Governor to issue the amount of such deficiency out of the Public Revenues of the Colony, and to certify such deficiency to the Combined Court at its next Annual Meeting thereafter. 25. All Moneys deposited with the Receiver General under this Ordinance shall be invested at Interest in such manner as the Governor, by warrant under his hand, shall from time to time direct; and a separate and distinct account shall be kept of all Balance Sheet moneys so invested; and a Balance Sheet of such account from of same to be the First of January to the Thirty-first of December in every year, Court of Policy shall be annually laid before the Governor and Court of Policy. laid before Governor may appoint Dis. trict Banks. 26. It shall be lawful for the Governor with the advice and consent of the Court of Policy, from time to time, to establish District Savings Banks or Agencies in connection with the aforesaid Savings Banks in Georgetown and New Amsterdam; and every Depositor in any such District Savings Bank or Agency when established shall in like manner have and enjoy the security of the Colonial Government for repayment of all moneys deposited therein, together with the interest due thereon: and the Managers of all such Banks to such District Savings Banks or Agencies shall be appointed by the be appointed Governor, and shall hold office during pleasure. during pleasure Managers of 27. It shall be lawful for the Governor with the advice and Governor and consent of the Court of Policy to make, and from time to time to alter, Regulations for the Government and management of the said make Regula District Savings Banks or Agencies, and also for superintending, Court of Policy may tions. inspecting, and regulating the mode of keeping and examining the accounts of Depositors in all the Savings Bauks conducted under the authority of this Ordinance, including such District Savings Banks or Agencies, and with respect to the making of Deposits, and to the withdrawal of Deposits and Interest, and all other matters incidental to the carrying this Ordinance into execution; and To be published all Regulations so made shall be published in the Official Gazette, in Official and shall thereupon be binding on the parties interested in the subject matter thereof to the same extent as if such Regulations formed part of this Ordinance. Gazette. No. LIX. No. LIX. No. LIX. AN ORDINANCE FOR THE FURTHER AMENDMENT OF THE | Ord. 14 anno ADMINISTRATION OF THE CRIMINAL LAW. Enacted 8th September, 1869, published the 11th following, came into operation on publication. [JOHN SCOTT, Governor.] 1869.] WHEREAS it is expedient to provide a better mode than that Preamble. now in use of deciding any difficult question of Law which may arise in Criminal Trials in any Supreme or Inferior Court of Criminal Justice in this Colony, and to make further amendments in the administration of the Criminal Law: Be it therefore enacted by His Excellency the Governor, with the advice and consent of the Court of Policy thereof, as follows: reserved at of Criminal Justice for 1. When any person shall have been convicted of any treason, Questions of felony, or misdemeanor before any Supreme or Inferior Court of Law may be Criminal Justice in this Colony, the Judge before whom the case Sessions of the Supreme or shall have been tried, may, in his discretion, reserve any question of Inferior Courts Law, which shall have arisen on the trial, for the consideration of the Judges of British Guiana, and thereupon shall have authority consideration of the Judges to respite execution of the judgment on such conviction, or post- of British pone the judgment until such question shall have been considered Guiana. and decided, as he may think fit; and in either case the Court in its discretion shall commit the person convicted to prison, or shall take recognizance of bail, with one or two sufficient sureties, in such sum as the Court shall think fit, conditioned to appear at such time or times as the Court shall direct, and receive judgment, or to render himself in execution, as the case may be. served to be 2. The said Judge shall thereupon sta'c, in a case signed by him, Questions rethe question or questions of Law which shall have been so reserved, certified to with the special circumstances upon which the same shall have the Judges. arisen; and such case shall be transmitted to the other Judges of British British Guiana, and the said Judges shall thereupon have full power and authority to hear and determine the said question or questions, and thereupon to reverse, affirm, or amend any judgment which shall have been given on the indictment or charge on the trial whereof such question or questions have arisen, or to avoid such judgment, and to order an entry to be made on the record, that in the judgment of the said Judges, the party convicted ought not to have been convicted, or to arrest the judgment, or order judgment to be given thereon at the same or some other Session of the Court before which the trial took place, if no judgment shall have been before that time given, as they shall be advised, or to inake such other order as Justice may require, and such judgment and order, if any, of the said Judges shall be certified under the hand of the Chief Justice or presiding Judge to the Clerk of the Court who shall enter the same on the original record in proper form; and a certificate of such entry, under the hand of the Clerk of the Court in the form, as near as may be, or to the effect mentioned in the Schedule annexed to this Ordinance with the necssary alterations to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the Gaoler in whose custody the person convicted shall be; and the said certificate shall be a sufficient warrant to such Gaoler, and all other persons, for the execution of the judgment, as the same shall be so certified to have been affirmed or amended, and execution shall be thereupon executed on such judgment, and for the discharge of the person convictd from further imprisonment, if the judgment shall be reversed, avoided or arrested, and in that case such Gaoler shall forthwith discharge him, and also the Court at the same or next Session thereof shall vacate the recogniz. ances of bail, if any; and if the Court shall be directed to give judgment, the said Court shall proceed to give judgment at the same or next Session. 3. The jurisdiction and authorities by this Ordinauce given to Quorum of the said Judges of British Guiana, sitting as a Court for the conJudges: their sideration and decision of Crown cases reserved, shall and may be judgments to be delivered exercised by the said Judges, or two of them at the least, of whom the Chief Justice or in his absence the Judge exercising the functions of Chief Justice shall be one, being met at any time in the Court Hall at Georgetown or other convenient place; and the judgment or judgments of the said Judges shall be delivered in in open Court. орец open Court, after hearing counsel or the parties, in case the Attor ney General, or prosecutor, or the person convicted shall desire that the case shall be argued, in like manner as the judgments of the Supreme Courts of Criminal Justice in this Colony are now delivered. 4. The said Judges when a Case has been reserved for their Case or certi ficate may be opinion, shall have power, if they think fit, to cause the Case or sert back for Certificate to be sent back for amendment, and thereupon the same amendment shall be amended accordingly, and Judgment shall be delivered after it shall have been amended. Forgery. 5. Every person who shall forge or alter, or shall offer, utter, Penalty for dispose of, or put off, knowing the same to be forged or altered, any Certificate of or copy certified by a Chief Justice, or in his absence by the Judge exercising the functions of Chief Justice or any Certificate of or copy certified by a Clerk of Court, as the case may be, with intent to cause any person to be discharged from custody, or otherwise prevent the due course of Justice, shall be guilty of Felony, and being convicted thereof shall be liable, at the discretion of any Supreme Court of Criminal Justice in this Colony to be kept in penal servitude for, any term, not exceeding seven · years and not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, both or either, at the discre tion of the Court before which he shall be tried. section 3 of 6. So much of Section 2, of Ordinance No. 26 of the year 1868, Repeals part of intituled, "An Ordinance to make certain amendments in the Ordinance No. administration of the Criminal Law, and as regards the swearing of 26, of 1868. Jurors," as enacts that it shall not be necessary for the Justice or Justices taking depositions in cases of indictable offences, to bind by recognisance any witnesses, whether for the prosecution or the defence, to appear at the Court at which the accused person is to be tried, shall be and the same is hereby repealed; and all such Witnesses to witnesses shall be regularly bound over by recognisance, and such be bound over by Recogni recognisances shall be transmitted by such Justice or Justices in zances. manner and form provided by Section Thirteen, of Ordinance No. 29, of the year 1850, intituled, "An Ordinance to facilitate the performance of the duties of Justices of the Peace, out of Sessions, VOL. IV. Y within |