[Ord. 7 anno 1872.] of Court as to No. XCIV. Court of Criminal Justice in which case the accused person shall be served with a copy of the indictment as if he had been referred for trial to such Supreme Court. 13. When any offender shall be found guilty of any offence Jurisdiction within the jurisdiction of any such Inferior Court, he may be punishments. punished by imprisonment with or without hard labour, not exceeding twelve calendar months, or fine not exceeding two hundred and forty dollars,* or any two of such punishments, except when a specific punishment is prescribed by the Ordinance, giving jurisdiction to an Inferior Court of Criminal Justice, in which case the offender shall be punished in the manner so prescribed; and when any person shall be fined, the presiding Judge may direct such person to be imprisoned with or without hard labour for any time not exceeding twelve months in all, in case such fine shall not be forthwith paid, and thereupon such person shall suffer imprisonment according to such sentence, unless such fine be sooner paid. How Court shall deal with 14. If at any time before or during the trial of any person before any such Court, it shall appear to the Court that the case is case if it ap- beyond its jurisdiction, or of such a nature as ought to be tried before the Supreme Court of Criminal Justice, such Inferior Court shall commit the accused to the common jail of the County, or admit him to bail, and shall transmit the case to the AttorneyGeneral for prosecution. pears that it ought to be tried before Supreme Court. How Court may adjourn. 15. Any such Inferior Court may adjourn de die in diem, or from time to time. 16. All charges and complaints to be brought before any InHow charges ferior Court of Criminal Justice, shall be prepared by the Clerk of and complaints before Court the Court under the direction of the Attorney-General, when he shall be made shall think fit to give such direction, and any such charge or complaint may be amended at the trial by order of any such Court, on such terms, if any, as the Court shall direct. or amended. 17. The *So much of this Section as enacts that males under 16, found guilty of any offence within the jurisdiction of the Inferior Court of Criminal Justice, may be whipped, is repealed by Ordinance 5 of 1873, No. XCIV. [Ord. 7 anno 1872.1 17. The Clerk of the Court shall at the trial take down in Manner of keeping record writing all pleas of the accused, and notes of the examination of of Court's proeach witness produced and examined, and shall prepare and make ceedings. up all judgments, sentences, and orders of the Court, and shall communicate such judgments, sentences, and orders to the proper officer to be enforced, and shall keep in a book a record of the proceedings, an abstract of which shall be forwarded to the Governor at the end of each session. called on to 18. When any person shall be brought before any such Court Accused to be for trial, the Clerk of the Court shall read to such person the plead to charge preferred against him and call upon him to plead either charge. guilty or not guilty, and if such person shall refuse to plead or shall not plead, the Court shall enter or cause to be entered, a plea of "not guilty" and proceed with the trial. amining or 19. The witnesses in support of the charge shall be examined by Manner of ex the prosecutor, his counsel or attorney, or in the event of the pro- cross-examin secutor or his counsel or attorney not examining the witnesses, by ing witnesses. any member of the Court, and to each witness before examination the Clerk of the Court shall administer the proper oath, affirmation, or declaration, and the accused may by himself, or his counsel, or attorney, cross-examine all witnesses produced against him, and such witnesses may be re-examined by the prosecutor, his counsel, or attorney. after prosecu. 20. When the case is closed on the part of the prosecution, the Proceedings accused by himself, his counsel, or attorney shall be heard in his tion closed. defence, and may thereafter produce his witnesses, who shall be sworu, cross-examined, and re-examined in like manner as the witnesses in support of the charge; the accused may then by himself or his counsel sum up the evidence, and the prosecutor or his counsel shall in every case be entitled to a reply. 21. All oaths, affirmations, and declarations respectively taken How Oaths, or made in every such Inferior Court shall be taken and made in the manner and form practised in the Supreme Court of Criminal Justice. [Ord. anno 1872.] No. XCIV. 22. No charge or complaint preferred before any Inferior Court Nó objection of Criminal Justice shall be deemed informal or insufficient, if the allowed for want of form. act or omission charged as he offence shall be clearly and distinctly set forth in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended, and the Court to pronounce judgment according to the right and merits of the case. How Court to proceed after the case is closed. Judge may reserve any point for con. sideration of other Judges. may be sum. moned. 23. When the case is closed on both sides, the presiding Judge may, if he shall so think fit, and the Justices so desire, in the presence of the accused, sum up the evidence, and the Court shall thereafter proceed with closed doors to consider whether the accused is guilty or not guilty, which question shall be decided by a majority of votes, and the decision of guilty or not guilty shall be pronounced in open Court, and when the accused shall be found "not guilty," he shall be forthwith discharged unless there shall be some other charge against him but if the accused shall be found guilty, the presiding Judge shall determine and pronounce the punishment to be awarded which shall be recorded bythe Clerk of the Court as the judgment of the Court. 24. The presiding Judge may in his discretion reserve any question of law which shall have arisen on the trial for the consisideration of the Judges of British Guiana, and thereupon respite the execution of the judgment, or postpone the judgment in manner provided by the Ordinance No. 14 of 1869; and such proceeding shall thereupon be had as directed by that Ordinance. 25. Witnesses may be summoned by Writ of Subpoena, to be How witnesses issued by the Clerk of the Court, and served by the Provost Marshal or the police, and the attendance of such witnesses may be enforced, and they may be fined, punished and dealt with for neglecting or refusing to attend, or to give evidence, in like manner as in the Supreme Court of Criminal Justice. 26. Persons bound by recoguizance to appear and not appearing How persons at any such Inferior Court, or not fulfilling the conditions of their bound by re. recognizance, shall be dealt with, and their recognizances forfeited and estreated, and the like proceedings had thereon as on forfeited recognizances in the Supreme Court of Criminal Justice. 27. Any cognizance failing to appear, &c., at Court to be dealt with. [Ord. 7 anno 1872.1 No. XCIV. 27. Any person committing any contempt before or against any How contempt such Interior Court may be punished and dealt with, as in the case of Court to be of contempt in the Supreme Court of Criminal Justice. dealt with. to be observed 28. In any matter not expressly provided for in this Ordinance Practice of the manner of proceeding in every Inferior Court of Criminal Justice Supreme Court shall be according to the general principles and practice of the where no express provision Supreme Court of Criminal Justice, so far as the same can be herein. applied to proceedings in such Inferior Courts. 29. Rural Constables shall be appointed as heretofore, pursu How Rural ant to Ordinance No, 5 of 1858. Constable to be appointed. provided by 30. And whereas it is expedient to provide for the expenses in- Expenses of curred by the Judges, Justices and Officers, by reason of attendance Court to be at such Courts: Be it enacted that such provision shall be made Resolation of by resolution of the Court of Policy.* Remuneration of Witnesses. Court of Policy. 31. Persons summoned or examined as witnesses for the prose Remuneration cution or defence at any such Inferior Court shall be remunerated of witnesses. as follows, provided that the Court or presiding Judge may disallow such remuneration to any person : To each persen being of the degree or calling of an Agricultural labourer, ordinary seamen, domestic, servant, or daily labourer, or the wife or child of any such person for each day's attendance Every other person for each day's attendance 003 ..$ 0 48 0 96 32. The following Ordinances and parts of Ordinances, viz. :- Repeal section. 4 of 1837-Sections 17, 18, 19; 18 of 1851-Sections 7 to 13 and 15 to 19 inclusive; 9 of 1852-The whole; 9 of 1854-Sections 4 to 7 inclusive; 10 of 1855-The whole; 19 of 1864-So much as relates to the Inferior Courts of Criminal Justice; and By resolution of the Court of Policy, dated 12th July, 1872, five dollars per day was allowed to every Judge and every Clerk for every day occupied in going to, attending at and returning from, every session of the Court held out of Georgetown or New Amsterdam. [Ord. 7 anno 1872.1 Commencement of Sec No. XCIV.-XCV. and all laws, Ordinances, parts of Ordinances, rules, customs, usages, and practice, whatsoever, inconsistent with this Ordinance are hereby repealed and annulled, save in so far as they are kept in force by the next following section. 33. The extension of jurisdiction and punishment given by Sections 8 and 13 of this Ordinance, shall apply only to acts done tions 8 and 18 and matters and things occurring after the publication of this hereof. Commencement of rest of Ordinance, Short title, Ordinance; all acts done and matters and things occurring previously to such publication shall be governed, as regards jurisdiction and punishment, by the law in force previously thereto. 34. This Ordinance, save as excepted in the last previous section, shall come into operation and take effect on the publication thereof. 35. This Ordinance may be cited as "The Inferior Criminal Court Ordinance 1872," No. XCV, [Ord. 8 anno 1872.] Preamble. AN ORDINANCE TO AMEND THE LAW RELATING TO THE Enacted 20th April, 1872, published the same day, came into operation on 1st July, 1872. [JOHN SCOTT, Governor.] WHEREAS it is expedient to amend in certain particulars the Law relating to the Inferior Courts of Civil Justice in this Colony : 1. The Inferior Civil Courts appointed to be held before the Chief Inferior Civil Justice, or one of the Judges of the Supreme Court of Civil Justice of British Guiana, shall be respectively Courts of Record. Courts to be 2. Where |