For searching the Records of the office or of the late Orphan Chamber
For giving off Certificate from such Records
For inspecting a Will and recording same

...

...

For examining Statement of affairs and property submitted for the purpose of
having an Act of Verweezing passed in favour of minors, where the value of
the minor's half does not exceed $500

Where it exceeds $500, but does not exceed $1,000

For every additional $500 or part thereof, up to $10,000

...

For every additional $1,000 or part thereof after the first $10,000
Provided that no person shall be liable to pay to the Administrator-General in
respect of any Act of Verweezing any greater fee than...

...

0 50 0.50

1 00

2.50

5 0 1 0

0 50

50 00

For receiving and entering in register of accounting parties each account rendered
by the Administrator-General

0 25

For preparing advertisements under Section 78, and causing same to be printed,
in addition to the actual expense of printing
Where more than one set of Accounts is included in the same advertisement, for
each additional set beyond the first

1 0

0 25

Note. The whole expense of Advertisements, including printing, to be divided
equally between the different Trusts advertised therein.
Accountant's fee for examining Accounts of Trusts other than Plantations, and
certifying the same, or noting objections thereto, where the gross funds of the
Trust included in the Accounts do not exceed $1,000
Exceeding that amount
Accountant's fee for attending Judge to pass the aforesaid Accounts, and making
annotation thereon that they are passed, or placing such order thereon as the
Judge may direct

Note. The Account with such annotation or order (if not appealed from) to be
given off to the Administrator General without any further charge, and no fee
for Minute, Extract, or otherwise, except for taking down evidence, if any, to
be allowed.

If order appealed from, copy to be given off on payment of the following fee
in full, of all charges for proceedings before the Judge, except for taking down
evidence, if any

In the case of Accounts of Plantations under sequestration or administered
under trust, the Accountant, for examining said accounts and certifying the
same, or noting objections thereto, to be allowed a fee in proportion to the
length of the Account, to be taxed by the Judge from $5 to $23.
Accountant's fee for attending Judge to pass the last mentioned Accounts, and
making annotation thereon that they are passed, or placing such order thereon
as the Judge may direct, for each hour's attendance

Note.-The Account with such annotation or order (if not appealed from) to be
given off without any further charge, as in the case of other accounts, and if
order appealed from, the copy to be given off upon payment of the like charge of
Registrar's fee for taking down evidence in proceedings before the Judge to pass
accounts, per page

0 50

2 0

0 50

0 25

No. VI.

No. VI.

No. VI.

1865.]

AN ORDINANCE TO REGULATE THE APPOINTMENT AND [Ord.11 anno
SALARIES OF MAGISTRATE'S CLERKS, AND TO AMEND THE
TARIFF OF FEES PAYABLE IN THE MAGISTRATES' COURTS.

Enacted 24th June, 1865, published the 28th following,
came into operation 1st July, 1865.

[FRANCIS HINCKS, Governor.]

WHEREAS it is expedient that the appointment of clerks to Preamble.

the Stipendiary Magistrates in this Colony should be vested in the Crown, and that such clerk should be remunerated by Salaries instead of by Fees, and also that the Tariff of Fees payable in the Magistrates' Courts should be amended, and that provision should be made for levying the same by means of Stamps: 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:

tion.

1. Section 4 of Ordinance No. 11, of the year 1858, and the Repeal Seo Schedule (A) annexed to said Ordinance; section 31 of Ordinance No. 18, of the year 1858, and the Schedule No. 2 annexed to said last mentioned Ordinance; and the Schedule of costs and charges annexed to Ordinance No. 31, of the year 1846, shall be and the same are hereby severally repealed,

of terms.

2. In the interpretation of this Ordinance, the term "Stipen- Interpretation diary Magistrate" shall include the Police Magistrate of Georgetown, the superintendents of rivers, creeks, crown lands and forests, and also all special Justices of the Peace; and the term "Colonial Receiver-General" shall include the Assistant Receiver-General.

pointed by the

be paid by Sa

laries.

3 Her Majesty may appoint fit persons to be clerks to the Clerks to be apseveral Stipendiary Magistrates in this Colony, and from time to Crown and to time may fill up vacancies occurring in the number of such clerks; and all such clerks so appointed shall hold office during pleasure and shall be paid such salaries as shall be fixed in that behalf by the Governor and Court of Policy with the Financial Representa

tives in Combined Court assembled, and they shall give such security for the faithful performance of their duties and for the due accounting for and payment of all moneys and stamps received by them, as the Governor and Court of Policy shall from time to time determine.

4. From and after the taking effect of this Ordinance, the fees Tables of Fees. set forth in the respective tables contained in the Schedule annexed to this Ordinance may be demanded and received by the clerks to the several Stipendiary Magistrates and Justices of the Peace in this Colony for and in respect of the several matters therein mentioned; and the fees by this Ordinance made payable, or any of them, including amounts for service of process, may from time to time be varied or altered by the Governor and Court of Policy, by resolution to be published in the Official Gazette, and other fees and amounts may be fixed and imposed by any resolution so made and published.

noted by ad

5. All the said fees payable in respect of written or printed Fees may be instruments may be denoted by adhesive stamps affixed to the paper hesive Stamps whereon any such instrument is written or printed; and the Commissioners of Stamps shall provide adhesive stamps for the purpose of denoting the said fees; and it shall be lawful for the Governor by proclamation to be published in the Official Gazette, to fix and declare the time from which the said fees shall be paid by means of stamps.

Stamps to be

cancelled at the time of

6. In any case where an adhesive stamp shall be used for the purpose aforesaid or any instrument chargeable with a fee under this Ordinance, the Magistrate's Clerk by whom such instrument using the same. shall be filled up or made shall, before the instrument shall be delivered out of his hands, custody, or power, cancel or obliterate the stamp so used, by writing thereon his name or the initial letters of his name, and the date of cancelment, so and in such a manner as to show clearly and distinctly that such stamp has been made use of, and so that the same may not be again used; and if any clerk or other person who shall fill up, make, or deliver any such instrument with any adhesive stamp thereon, shall not bona fide in manner aforesaid effectually cancel or obliterate such stamp, he shall be guilty of an offence, and shall pay on conviction a penalty of forty-eight dollars,

and

and from and after the time when such fees shall be paid by means of stamps, no such instrument shall be available for any purpose whatever unless at the time of delivery there shall be such stamp as aforesaid affixed thereon, and cancelled in the manner hereby directed.

7. If any person shall fraudulently get off or remove, or cause Penalty for or procure to be gotten off or removed from any paper whereon frauds in the committing any instrument mentioned in the Schedule hereto annexed, or in use of adhesive Stamps. any resolution under the authority of this Ordinance, shall have been written or printed, or any paper whereon any such instrument shall be or be intended to be written or printed, or if any person shall do or practise or be concerned in any fraudulent act, contrivance, or device whatever, not specially provided for by this or some other Ordinance, with intent to defraud the Colonial Treasury of any of the fees payable by the said Schedule or by any such resolution as aforesaid, every person so offending in any of the said several cases shall be guilty of an offence, and shall pay on conviction a penalty of ninety-six dollars.

with Receiver

8. Every magistrate's clerk shall furnish monthly to the Colonial Clerks to acBook-keeper a return certified by the magistrate of all stamps in his count monthly possession, and of all fees received by him, specifying the respec- General. tive Ordinances under which such fees shall have been earned, and he shall monthly account for and pay over all such fees to the Colonial Receiver-General.

ted in certain

9. All fees payable under the authority of this Ordinance shall Fees to be in the first instance be paid by the party applying for the summons, plicants, but paid by Apwarrant, or other process or document in respect whereof the same may be remit shall be payable, but the same shall be costs in the cause or other cases. proceeding: Provided always that in every case in which the magistrate or Justice of the Peace shall certify that the same is a proper case to be brought by the police or other public body or officer prosecuting as concerning the public interest, or that it is a fit one for the remission of fees on account of the poverty of the party, and that he has a bona fide case, such certificate shall operate as a receipt for the fees or stamps payable in respect thereof.

10. All prosecutions for penalties under this Ordinance may be Recovery and instituted by any person before any stipendiary magistrate, and the appropriation

same

of penalties.

vernor and

same shall be conducted in a summary manner, and shall be subject to the Review provided by Ordinance No. 19, of the year 1856; and all penalties recovered in any such prosecution shall be appropriated and paid as follows, that is to say, one half to the party prosecuting, and the other half to Her Majesty for the use of the Colony, and in support of the Government thereof.*

II. The Governor and Court of Policy may from time to time Power to Go- make and alter any general rules and orders consistent with the Court of Po provisions of this Ordinance for regulating the payments of fees by licy to make Rules. means of stamps, the issue and cancellation thereof, the mode of accounting for the same, and generally for the guidance and government of the Stipendiary Magistrates and Justices of the Peace and their clerks in the discharge of their duties under this Ordinance; and all such rules and orders shall be published in the Official Gazette, and when so published shall be binding upon all concerned.

Commence ment of Ordi nance.

12. This Ordinance shall come into operation and take effect on the first day of July, in this present year One thousand eight hundred and sixty-five.

SCHEDULE.

Table of Fees payable under Ordinance No. 19, of 1856, and every other Ordinance relating
to Summary Convictions and Orders.

For filling up each summons, including filing the complaint or information
For filling up each warrant, commitment and order
For filling up each conviction

...$ 0 72

0 60

016

For filling up and filing each recognisance for appearance of defendant, or for pay.
ment of penalty in case of conviction being affirmed

...

0 24

For each certificate of dismissal

0 24

For copies of evidence, or of any document, per page of 120 words
For removal of property taken in execution, the reasonable expenses actually in-
curred and paid.

0 12

NOTE.-The above fees for summonses, warrants, commitments, and orders to include all charges for serving the same, and making due return thereof: where the service is effected by a police constable, the magistrate's clerk shall pay in respect thereof to the Colonial Receiver-General, from and out of the fee allowed for the instrument, the sum of forty-eight cents; and where the service is effected by a rural constable. the Magistrate's Clerk shall pay to such constable in respect thereof, from and out of such fee as aforesaid, the sum of forty-eight cents. A further fee, at the rates respectively aforesaid, to be allowed for every twelve hours over and above the first twenty-four hours, in every case where a police or rural constable shall be detained for more than twenty-four hours in effecting any such service. Table

See Ordinance No. 5 of 1872, which provides for the distribution of the proceeds of all fines, penalties, and forfeitures.