Repeals part of Section 5 of Ordinance within the Colony of British Guiana, with respect to persons charged with indictable Offences," and any such witness refusing to enter into or acknowledge such recognizance as aforesaid may be committed to Gaol as provided by said last mentioned Section. 7. So much of Section Five of the said Ordinance No. 26, of the year 1868 as enacts that any statement taken in pursuance of the provisions of said Section, may, under the circumstances therein No. 26 of 1868, mentioned, be read in evidence on the trial of any offender or offence to which such statement relates, if the person who made the same shall be proved to be absent from the Colony, shall be and the same is hereby repealed. Repeals Sec dinance No. 27 tion 88 of Or of 1846. Proviso. 8. Section Thirty-eight of Ordinance No. 27 of the year 1846, intituled "An Ordinance for improving the Administration of Criminal Justice in the Colony of British Guiana, and for regulating the form and manner of Proceeding in Criminal Cases" shall be and the same is hereby repealed: Provided always that such Repeal shall not affect any question of Law reserved under the provisions of the said Section previous to the taking effect of this Ordinance and now pending, and every such question shall be heard and determined in manner provided by this Ordinance. 9. Any Supreme or Inferior Criminal Court may adjourn from Power to ad- day to day, or from time to time, as occasion may require. journ. Section 66 of 27 of 1846. 10. So much of Section Sixty-six of the said Ordinance No. 27 Repeals part of of the year 1846, as enacts that questions of Law shall be adjudged Ordinance No. and determined by the Court, composed of all the Judges, shall be and the same is hereby repealed; and all such questions may be adjudged and determined by the Judges, or two of them, in terms of Section Three of this Ordinance; and nothing in the said Section of the said Ordinance contained shall be held or taken to render it obligatory upon the Court to pronounce Judgment on any Prisoner during the same Session in which such Prisoner shall have been convicted. II. This Ordinance shall come into operation and take effect on Commence- the publication thereof. ment of Ordi nance. SCHEDULE. No. LIX.-LX. SCHEDULE. Form of Certificate. on Whereas at the Session of the Supreme (or Inferior) Court of Criminal Justice, held for the County of before His Honor one of the Judges of British Guiana, presiding at such Session, A. B., having been found guilty of (Felony), and judgment thereupon given, that (state the substance), the Court before whom he was tried reserved a certain Question of Law for the consideration of the Judges of British Guiana, sitting as a Court for the consideration and decision of Crown Cases reserved, and execution was thereupon respited in the meantime : This is to certify, that the said Judges sitting as aforesaid having met in the (Court Hall of Georgetown), on the day of it was considered by the said Judges there that the judgment aforesaid should be annulled, and an Entry made in the Record, that the said A. B. ought not, in the judgment of the said Judges, to have been convicted of the Felony aforesaid; and you are therefore hereby required forthwith to discharge the said A. B. from your custody. To the Gaoler of And all others whom it may concern. (Signed) E. F., Clerk of Court, for the County of Lord. 14 anno 1869.] No. LX. AN ORDINANCE FOR THE FURTHER AMENDMENT OF THE [Ord. 15 anno LAW RELATING TO SUMMARY CONVICTIONS BY JUSTICES 1869.j OF THE PEACE. Enacted 8th September, 1869, published the 11th follow ing, came into operation on publication. [JOHN SCOTT, Governor.] WHEREAS it is expedient further to amend the Law relating to Preamble. Summary Convictions by Justices of the Peace: Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows:1. Section Y 2 8 of this Ordi tions 33 and 36 of Ordinance No. 19 of 1856. 1. Section Two of this Ordinance shall be, and is hereby Sections 2 and substituted for Section Thirty-three of Ordinance No. 19, of the nauce subeti year 1856, intituled "An Ordinance to Amend the Law relating tuted for Sec. to summary Convictions by Justices of the Peace"; and Section Three of this Ordinance, shall be, and is hereby substituted for Section Thirty-six of the aforesaid Ordinance; and the said substituted Sections shall be deemed parts of the said Ordinance No 19, of 1855, as if the same had been enacted therewith: but no person prosecuted or complained against for or in respect of any offence, penalty, or sum of money committed, incurred, or due before the taking effect of this Ordinance, shall be liable to be imprisoned under the said substituted Sections, or either of them, for any time exceeding four Calendar Months. Power to Sti. pendiary or rant of Dis. 2. Where a Conviction adjudges a pecuniary penalty or compensation to be paid, or where an Order requires the payment of a sum of money, and by the Ordinance authorizing such Convicting or Order, such penalty, compensation or sum of money is to be levied upon the goods and chattels of the defendant by the distress and sale thereof, and also in cases where by the Ordinance in that behalf, no mode of raising or levying such penalty com pensation, or sum of money, or of enforcing the payment of the same, is stated or provided, the Stipendiary or Special Justice of the Peace shall issue his wairaut of distress (N 1. 2.) for the purpose of levying the same, which sai warrant of distress shall be in writing under his hand; and if, after delivery of such warrant of distress to the member of the Police force or Constable to whom the same shall have been directed to be executed, sufficient distress shall not be found, the Stipendiary or Special Justice may commit such defendant as hereinafter mentioned, or whenever it shall appear to the Stipendiary or Special Justice that the issuing of a warrant of distress would be ruinous to the defendant's family, or otherwise that he hath no Goods or Chattels whereon to levy such distress, the Stipendiary or Special Justice may, instead of Where issue of issuing such warrant of distress, commit such defendant as herein. would be rain. after mentioned, that is to say the Stipendiary or Special Justice our, or there may commit any such defendant to any Gaol of the County in he may commit which the Conviction shall have taken place, there to be imprisoned to prison. such Warrant be no good, with or without hard labour, for any time not exceeding the time authorised by "The small Penalties Ordinance 1863," if the amount of of the Conviction shall not exceed Twenty-Four Dollars, exclusive of costs, and not exceeding Four Calendar Months, if the amount of the Conviction shall exceed Twenty-four Dollars and shall not exceed Fifty Dollars, exclusive of costs, and not exceeding Six Calendar Months, if the amount of the Conviction shall exceed Fifty Dollars exclusive of costs. where a Sti. defeudant y to prison in 3. In all cases whereby this or any Ordinance a Stipendiary or In all cases of Special Justice of the Peace is authorised to issue Warrants of penalties Dis ress to levy penalties or other sums payable ia virtue of any bendiary or Special Justice Or ter made under this Ordinance, and no sufficient distress be found of the Peace is whereon to levy such penalties or other sums, the Stipendiary or in Wirrants authorized to Special Justice of the Peace, upon the return being made that no of Distresa, sufficient goods of the party against whom the Warrant of Distress be committed shall have been issued can be found may by his Warrant as afore- default of said, commit the defendant to any Gaol as aforesaid, there to be distress. imprisoned with or without hard labour for any term not exceeding the time authorised by "The Sinall Penalties Ordinance, 1868," if the amount of Conviction shall not exceed Twenty-four Dollars, exclusive of costs, or not exceeding four calendar months, if the amount of Conviction shall exceed Twenty-four Dollars and shall not exceed Fifty Dollars, exclusive of costs, aud not exceeding six calendar months, if the amount of the conviction shall exceed Fifty Dollars, exclusive of costs, unless the sum adjudged to be paid, and all costs and charges of the Distress and of the commitment and conveying of the defendant to prison (the amount thereof being ascertained and stated in such commitment) shall be sooner paid. Ordinances 4. This Ordinance shall not affect the provisions of "The Small Not to affect Penalties Ordinance, 1868," or of the Ordinance No. 15 of the year Nos. 3 and 15 1868, intituled "An Ordinance to amend the law relating to the of 1868. recovery and appropriation of Penalties." 5. This Ordinance shall come into operation and take effect on when Ordi. the publication thereof, nance to take effect No. LXI. No. LXI. No. LXI. [Ord. 16 anno AN ORDINANCE TO PROVIDE FOR THE DUE REGULATION OF 1869.] THE FESTIVALS AND PROCESSIONS OF EAST INDIAN IMMI. GRANTS IN THIS COLONY. Preamble. Interpretation of Terms' thorized to Enacted 11th October, 1869, published the 30th following, came into operation on publication. [JOHN SCOTT, Governor.] WHEREAS at the Festivals celebrated by East Indian Immi grants in this Colony, and commonly called and known by the name of Tadjahs, divers Processions of such Immigrants have from time to time been held upon the Public Highway to the great obstruction thereof: And whereas by reason of such Processions serious affrays and other disturbances of the Public Peace have in some instances taken place: And it is expedient that such Festivals and Processions should be made subject to due Regulation for securing the due maintenance of the Public Peace and tranquillity: Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy, as follows: 1. In this Ordinance 1 The term "Public Highway" means any Public Road, Street, The term "Stipendiary Justice" means any Stipendiary Justice of the Peace, Police Magistrate, or Superintendent of Rivers, Creeks, Crown Land, and Forests, within the Colony. 2. The Governor is hereby authorised, from time to time, to Governor au make regulations for the Government of the Festivals of East Indian make Regula Immigrants in this Colony, and of the Processions held by them in vernment of connection therewith, and for defining the Routes of such Processions Festivals, tions for Go and |