Page images
PDF
EPUB

No. XCVII.

Lord. 14 anne 1872.1

son authorised

13. Any person who by refusing to open any door which it is Penalty for obstructing, legally in his power to open or in any other way, shall obstruct, or &c., any perwho in any way shall molest, oppose, hinder, or impede, any person to enter and authorised under this Ordinance to enter any premises or vessel, search. and there to search, or otherwise ascertain whether there has been any breach of this Ordinance, or who shall remove, throw away, or destroy, or caused to be removed, thrown away or destroyed any specially dangerous goods, in order to prevent or impede any search for, or seizure of, the same, shall be liable to a penalty not exceeding five hundred dollars.

and determin.

ed.

14. Every claim allowed to be made for goods seized under this How claims for goods to be Ordinance must state in what way such seizure is averred to be made, heard, illegal, and shall be heard and determined by the Police Magistrate of Georgetown, or any Stipendiary or Special Justice whomsoever, according to the provisions of, and shall be subject to the review and appeal respectively provided by, Ordinances No. 19 of 1856, and Nos. 3 and 5 of 1868; and if the claimant shall be unsuccessful he shall be condemned in costs; but the person seizing shall in no Costs. case be condemned in costs unless the Court which shall decide the case, shall certify that there was no probable cause for seizure.

to be pro

15. All penalties under this Ordinance, whatever their amount, How penalties shall be sued for and recovered under the provisions of, and subject ceeded for. to the review and appeal respectively provided by, Ordinances No. 19 of the year 1856 and Nos. 3 and 5 of the year 1868, before the Police Magistrate of Georgetown or any Stipendiary or Special Justice whomsoever.

16. Whenever there shall be a claim, and a proceeding for a A claim and a proceeding for penalty, both relating to the same matter, they shall be heard and a penalty in determined by the same Justice.

same matter to be disposed of by same Jus

tice.

17. All persons acting under the provisions of this Ordinance Protection of persons acting shall be entitled to the protection afforded by Ordinance No. 31 of under this Or. the year 1850.

dinance.

18. This

[Ord. 14 anno 1872.]

Commence. ment of Ordi. nance.

No. XCVII.-XCVIII.

18. This Ordinance shall come into operation and take effect on and from the publication thereof.

No. XCVIII.

[Ord. 15 anno AN ORDINANCE TO COMPEL ANSWERS FROM WITNESSES 1872.)

Preamble.

Witness not to refuse to

FEARING TO CRIMINATE THEMSELVES AND TO PROVIDE
INDEMNITY FOR SUCH WITNESSES.

Enacted 12th July 1872, published the following day,
came into operation on publication.

[JOHN SCOTT, Governor.]

WHEREAS it is expedient that authority should be given to

certain Courts and Judges, to compel a witness to give an answer to any question put to him, although he may state that such answer may criminate or tend to criminate himself; and also that a proper indemnity should be provided for every such witness: 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. Every person who may be called as a witness before any Supreme or Inferior Court of Criminal or of Civil Justice in this Colony, shall be compellable to answer any question that may be tion on ground put to him, notwithstanding that he may state that such answer criminate him. Will, or may, criminate, or tend to criminate himself.

answer ques

of fearing to

self.

Judge may

2. If the Judge presiding in any such Court shall be of opinion that any witness who has been compelled to answer as aforesaid, give certificate has given his evidence in a becoming and satisfactory manner, he that witness compelled to shall give such witness a certificate to the effect that he has been answer has answered eatis. compelled to answer such question, and has given his evidence in a factorily, Such certificate to becoming and satisfactory manner; and such certificate shall be a

bar

[Ord. 15 anno 1872.1

No. XCVIII.-XCIX.

witness.

bar to all proceedings in respect of the matters touching which the be a bar to witness has been examined, except any proceedings on any charge prosecution of of perjury which may be brought against such witness, on the ground Exception. of any falsehood in his evidence.

3. This Ordinance shall come into operation and take effect on Commence. and from the publication thereof.

ment of Ordinance.

No. XCIX.

AN ORDINANCE TO GUARD AGAINST RISK TO LIFE AND [Ord.16 anno. PROPERTY FROM EXPLOSIVE SUBSTANCES.

Enacted 1st August, 1872, published the 7th following, came into operation on publication.

[JOHN SCOTT, Governor.]

1872.]

WHEREAS it is necessary to make provisions for guarding Preamble,

against risk to life and property from explosive substances: 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:

of certain Or

operation of

I. Nothing in this Ordinance contained shall affect the provisions The provisions of Ordinance No. 19 of the year 1862, intituled "An Ordinance to dinances exregulate the conveyance and storage of Gunpowder," or any of the empt from the provisions of Ordinance No. 25 of the year 1860, intituled "An this Ordinance. Ordinance to constitute a Mayor and Town Council, and to provide regulations for the City of Georgetown," or the provisions of Ordinance No. 8 of the year 1844, intituled "An Ordinance to constitute and establish a Board of Superintendence of the Town of New Amsterdam."

2. Whoever shall have in any building, premises, or place Penalty for having explo whatever, in Georgetown or New Amsterdam, or any locality which sive substance without a li has cence.

[Ord.16 anno 1872.]

not to be sold

No. XCIX.

has been legally constituted a village, or within one mile of Georgetown or of New Amsterdam, or of any locality which has been legally constituted a village, any explosive substance other than Gunpowder, without a licence authorizing him to have the same, shall be guilty of an offence, and shall, on conviction, be liable to a penalty not exceeding five hundred dollars.

3. Beyond the limits of Georgetown or of New-Amsterdam, or Gunpowder, beyond two miles from the limits of either, no person shall sell or shall offer or expose for sale, any gunpowder without having a licence to sell the same, aud such licence shall not authorise the keeping on any premises more than twenty-five pounds of gunpowder; and this licence shall be considered a retail licence.

in country without a Li. cence.

More than 10

4. No person shall keep in any building, premises, or place lbs. Gunpow. whatever, a greater quantity of gunpowder than ten pounds without der not to be having a licence to keep the same. kept without a

Licence.

How applica cences to be

tions for Li

made.

5. Applications for licences under the second section of this Ordinance, shall be made, as regards Georgetown, to the Police Magistrate of Georgetown, or any Stipendiary Justice of the Peace sitting for him; as regards New-Amsterdam, to any Stipendiary Justice of the Peace exercising jurisdiction there; and as regards Power to re- any other locality, to the Stipendiary Justice of the district comfuse or cancel prising the locality; and the Police Magistrate or any Stipendiary such application, subject to Justice of the Peace, to whoin application may be made for a licence, appeal to shall have power to refuse the same if it shall seem to him meet; Court of Policy. and the Police Magistrate, or any Stipendiary Justice of the Peace, shall have power to cancel any licence, provided that such refusal or cancelment shall be subject to appeal to the Governor and Court of Policy.

6. Any person having any explosive substance on any premises in contravention of the second section of this Ordinance, shall be liable to have the same seized and detained until a decision shall be explosive sub obtained as to whether such person is liable to a penalty, and, if he

Manner of seizing and disposing of

stances found.

shall

[Ord.16 anno 1872.]

No. XCIX.

shall be held so liable, such substance shall at one become forfeited, and may be destroyed or sold as His Excellency the Governor may direct.

7. Licences under the 3rd and 4th sections of this Ordinance Gunpowder may be granted by any Inspector of Police within whose district Licences to be granted by In. the place for which such licence is sought, is situate. spector of Po

lice.

ces under this

8. Any person who shall commit a breach of the 3rd or of the Penalty for 4th section of this Ordinance, shall be guilty of an offence, and certain offen shall be liable on conviction to a penalty not exceeding one hun- Ordinance. dred dollars.

ed for and

9. Any Inspector of Police or other Police officer, or constable, How Gunpow. who shall know, or have any reasonable cause to suspect, that any give substance der or exploexplosive substance other than gunpowder, is illegally kept on any may be search. premises in any part of the Colony, or that gunpowder is illegally seized. kept on any premises situate more than two miles from Georgetown or New Amsterdam, may make application, stating on oath such knowledge or suspicion, to any Stipendiary or Special Justice of the Peace, who may by warrant under his hand authorise the applicant, with or without assistance, to enter into and search such premises and to seize any such explosive substance, or any gunpowder, there found, and if any such explosive substance, or any gunpowder, shall be found illegally kept on such premises, to seize the same; and the person occupying the premises shall be liable to a penalty not ex ceeding five hundred dollars and, on his conviction, any explosive substance or gunpowder seized shall without other process become be found." forfeited.

Penalty on occupier of premises on which such goods may

obstructing,

to enter and

10. Any person who, by refusing to open any door which it is Penalty for legally in his power to open, or in any other way, shall obstruct, or &c., any perwho shall in any way molest, oppose, hinder, or impede, any person sou authorised authorized under the provisions of this Ordinance to enter any place, search. and there to search, or otherwise ascertain whether there has been any breach of this Ordinance, or who shall remove, throw away, or destroy, or cause to be removed, thrown away, or destroyed, any goods or things whatever, in order to prevent, or impede, any search

for,

« PreviousContinue »