review or to appeal from the decision of such Magistrate to any higher Court, anything in any Ordinance to the contrary notwithstanding, but such defendant may appeal against any such judgment or decision to the Governor and Commander-in-Chief at any time within seven days from the pronunciation of such judgment, or decision, upon his giving security for his due appearance when called upon; and such security shall be either that of one respectable house-holder, or a deposit in money not exceeding Sixty Dollars ; and thereupon, and until the Governor and Commander-in-Chief shall be pleased to decide in the premises (which he shall have full power and authority to do), all further proceedings against such defendant shall be stayed. General Duties of the Militia. 91. The Georgetown Militia shall assemble for all lawful purposes Governor may at such times and places, and in such numbers, as the Governor and direct when Commander-in-Chief may be pleased to direct. Militia to assemble. to assemble 92. The Georgetown Militia shall, on such days as may by the When GeorgeLieutenant-Colonel Commandant be appointed by a General Order town Militia subject to the approval of the Governor and Commander-in-Chief, for drill and assemble for drill and parade on ten days in or about the month of parade. March and on ten days in or about the month of October, of each year; and such drill and parade shall at each half yearly muster be held as far as practicable on successive days: Provided that the Governor and Commander-in-Chief may, in any one year, at his pleasure, dispense with either of the said half-yearly musters or with both. inspected at 93. At each of the half-yearly musters aforesaid, the Lieutenant Militia to be Colonel Commandant shall, on a day to be named by him, inspect half-yearly the whole Militia Force, and shall within one week after any such muster. inspection make a report thereof to the Governor. Militia to 94. Every officer in the Georgetown Militia is bound to give Officers of his assistance to put in execution the orders of the civil power, assist civil when called upon. power. General Penalty on person failing serve. General Provisions. 95. Every person ceasing to serve in the Georgetown Militia Corps or Band shall, within one week thereafter, deliver over all to deliver over the arms, accoutrements, uniform, musical instruments or music, arms, &c., on ceasing to with which he may have been provided at the public expense, to such officer and at such place as the Governor and Commanderin-Chief may by a general order from time to time appoint; and in case of default every such person shall be guilty of a misdemeanor, and shall be liable, on conviction thereof before the Police Magistrate of Georgetown, to be imprisoned with or without hard labour for any term not exceeding two mouths; and it shall be lawful for the Police Magistrate of Georgetown to issue his warrant to search for and seize all the said arms, accoutrements, uniform, musical instruments, and music which shall not be so delivered over, wherever the same shall be found. Penalty for failure to deliver up arms, &c., of any person dying while serving. arrest. 96. When any person serving in the said Militia Corps, or Band, shall die, his heir, executor, or other representative, or the householder in whose house he shall die possessed of any arms, accoutrements, uniform, musical instrument, or music, provided at the public expense, shall be bound, within fourteen days after such death, to deliver up to the officer, and at the place to be appointed as aforesaid, all such arms, accoutrements, uniform, musical instruments, and music; and in case of default, every such heir, executor, or other representative, or householder, shall be guilty of a misdemeanor, and shall be liable, on conviction thereof before the Police Magistrate of Georgetown, to a like punishment as is provided in the preceding section hereof; and it shall be lawful in like manner for the Police Magistrate of Georgetown to issue his warrant to search for and seize all such arms, accoutrements, uniform, musical instrument and music. 97. Every person belonging to the Georgetown Militia Corps, Freedom from or Band, shall be allowed a reasonable time for going to, and also for returning from, any service or parade, and shall not be liable during such time, provided he is in uniform, or whilst he is on such service or parade, to have his person, conveyance, or attendants arrested, or taken in execution, by auy civil process issued out of any Court whatever; such person being, nevertheless, during the time occupied in going to, or returning from any such service or parade, considered and taken to be on duty, and subject to the provisions of this Ordinance for any offence he may be guilty of to the prejudice of good order and Militia discipline. may complain 93. If any person serving in the Georgetown Militia Corps or Any person Band shall consider himself ill-treated or aggrieved by a superior refused redress officer whilst on duty, and shall on application to the commanding to Governor. officer of the corps to which he belongs be refused redress, he may make a written complaint to the Governor and Commander-in-Chief through the Adjutant General. and the Governor may, if he shall see fit, order a Court of Inquiry, or a Regimental or General Court Martial as the case may require. 99. If any person shall wilfully take a false oath before the Any person Adjutant General under the 16th or the 22nd section hereof, he oath to be guil taking false shall be deemed guilty of perjury, and shall be liable on conviction ty of perjury. to the punishments, pains and penalties provided by the laws in force in this Colony in the case of persons guilty of perjury. 100. All fines awarded under the provisions of this Ordinance To whom fines to be paid. shall be paid to the Adjutant, and all fines payable to and actually collected by the Provost Sergeant under the provisions of this Ordi. nance shall by him be forthwith paid to the Adjutant, who shall on or before the third day of each month pay to the Receiver General all moneys received by him under the provisions of this Ordinance during the previous month. established. 101. A separate account shall be kept of all moneys paid to the Militia Fund Receiver General under the provisions of the last preceding section, and such moneys shall form a Militia Fund for the exclusive use of the said Militia, to be disbursed under the warrant of the Governor for such services connected with the Militia as may from time to time be determined by any General Order or Orders, or any regulations made by the Governor for such purpose. 102. Persons confined or sentenced to imprisonment without Custody and hard labour under this Ordinance shall be kept in the Debtor's persons impriemployment of Ward of the Georgetown Gaol, in the custody of the Gaoler; the one under Gaoler may deliver any person confined before confirmation of sentence this Ordinance. [Ord, 22 anno 1872.] Service in Mi. litis not to prosecution No. CV. sentence on receiving an order purporting to be signed by the President of the Court Martial; and persons sentenced to imprisonment with hard labour under this Ordinance shall be employed at hard labour within the walls of the Georgetown Gaol. 103. Nothing in this Ordinance contained shall hinder the Attorney General from prosecuting, before the proper legal tribunal of hinder legal the Colony, any person in the Georgetown Militia Corps, or Band, for any offence. for any offence for which he would be liable to be so prosecuted if not in the Militia; but no person once convicted by a Court Martial of any offence under this Ordinance shall be liable to be prosecuted before any other tribunal in respect of the same offence. Power to Go. 104. The Governor may, from time to time, issue such general vernor to issue orders as may be necessary for carrying this Ordinance into full and complete effect, provided that all general orders issued under the Law heretofore in existence shall remain in force until cancelled or altered. General Commencement of Ordinance. 105. This Ordinance shall come into operation and take effect on and from the publication thereof. 106. This Ordinance shall be known and may be cited as "the Short Title of Militia Ordinance, 1872." Ordinance. SCHEDULE A. Questions to be put separately by the Police Magistrate of Georgetown to Bandsmen on engaging. 1. What is your name? 2. Where were you born? 3. What is your age? 4. What is your trade or calling ? 5. Are you an apprentice P 6. Are you willing to serve in the Georgetown Militia Band under the provisions of Ordinance No. I, for a term of five years? SCHEDULE B. Certificate to be given by the Police Magistrate. Police Magistrate of Georgetown, do hereby certify that in my presence all the foregoing questions were put to that the answers written opposite to them are those which he gave me; that the sections of Ordinance No. were read over to him, and that I have given to him a duplicate of this certificate signed with my name. No. CVI. No. CVI. No. CVI. AN ORDINANCE TO ADD TO AND AMEND ORDINANCE NO. 12 [Ord. 23 anno OF THE YEAR 1862, INTITULED "AN ORDINANCE TO PRO. 1872.] VIDE FOR THE BETTER GOVERNMENT OF PRISONS IN THIS COLONY." Enacted 20th December, 1872, published the following day, came into operation on publication. [JOHN SCOTT, Governor.] WHEREAS it is desirable to add to and amend Ordinance No. Preamble. 12 of the year 1862 in manner hereinafter provided: Be it there- vernor to order prisoner from 1. The Governor shall have the power, at any time when he Power to Goshall see fit, to order the temporary removal of any prisoner who temporary reshall be confined in a convict prison to any ordinary prison, and of moval of any any prisoner who shall be confined in any ordinary prison under a convict to any ordinary any sentence of the Supreme Criminal Court of the Colony to a prison, or vice convict prison. versa. be subject to Prisons to 2. The Sheriff and the Gaoler shall have over all persons so Prisoners to removed to an ordinary prison, the same power and authority which all rules of they have over all other persons confined for crime in an ordinary which they prison; and the Superintendent of a convict prison shall have over are removed. all persons so removed to a convict prison the same power and authority which he has over all other persons confined in such convict prison. 3. The Sheriff of the County, in any ordinary prison in which Power to remove prisoner any prisoner is now, or may hereafter be, awaiting trial, may with awaiting trial: the approval of the Governor, order the removal of such prisoner come subject who shall be to to Rules, &e. |