order to be sentence of death to in full force and effect and shall have the like effects and consequences as if the said sections had not been repealed. 2. Whenever the Governor, in the name and on behalf of Her Governor may Majesty, shall be pleased to extend mercy to any offender under kept in Penal sentence of Death in this Colony for any offence whatsoever by law Servitude any offender under punishable with death, it shall be lawful for the Governor, by Warrant under his hand and the Public Seal of the Colony, to order whom mercy that such offender be kept in penal servitude for the term of the may be extended. natural life of such offender, or for any term of years (as in such Warrant shall be expressed); and such Warrant (when recorded and indorsed as hereinafter provided,) shall be as effectual in the law, and shall be carried into execution in the same manner as if such Warrant had been a sentence and order of penal servitude for the like term of such offender pronounced, made, and recorded in respect of an offence in respect of which such sentence and order might have been pronounced and made by the Supreme Court of Criminal Justice. Effect of a Pardons and Warrants to be recorded by the Clerk of Court. 3. Whenever the Governor, in the name and on behalf of Her Majesty, shall be pleased to extend mercy to any offender convicted of any felony, and by warrant under his hand and seal-at-arms, countersigned by the Government Secretary or Assistant Government Secretary, shall grant to such offender a conditional pardon, the performance of the condition shall have the effect of a pardon under the Public Seal of the Colony of such offender as to the felony for which such pardon shall be so granted; and the Governor in the name and on behalf of Her Majesty, may annex to any such pardon any condition or conditions which may be annexed to any pardon granted by Her Majesty in the United Kingdom: Provided always, that no conditional pardon, nor the performance of the condition thereof, in any case aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced, on a subsequent conviction for any other felony. 4. Whenever the Governor, in the name and on behalf of Her Majesty, shall be pleased to grant to any offender a pardon under the Public Seal of the Colony, or to issue any warrant under the second section hereof, the Clerk of the Court acting for the County wherein such offender shall have been convicted, shall be bound, on the the direction of the Governor, to record every such pardon and every such warrant in a book to be kept by him for that purpose, and to indorse every such pardon and warrant with the word "recorded" and with his signature, and every such pardon and warrant, when so recorded and indorsed shall forth with be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, officers, and others, on production thereof, to take notice of and to give effect to the same. admissible in 5. A copy of the record of any pardon or warrant as aforesaid Certified purporting to be certified under the hand of the Clerk of the Court copies to be acting for the county wherein the offender named in such pardon evidence. or warrant shall have been convicted, shall be received in evidence of such pardon, or warrant, as the case may be, without requiring proof of the signature of the said clerk; and no fee or gratuity in respect thercof shall be paid or payable by or on behalf of the person in whose favour such pardon or warrant shall be granted. of pardon under the Public Seal, 6. Whenever any offender convicted of any felony not punishable Punishment with death, has endured or shall endure the punishment to which after endured, for felony, such offender has been or shall be adjudged for the same, the to have effect punishment so endured has and shall have the like effects and consequences as a pardon under the Public Seal of the Colony as to the felony whereof the offender was so convicted: Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony. part of any Ben'ence of 7. Nothing in section 71 of Ordinance No 27 of the year 1846, Time and or in any law or usage in this Colony, shall be held or taken place of Execution not to constitute either the time or place of execution an essential part an essential of any sentence of death pronounced by the Supreme Court of Criminal Justice upon any offender convicted of any offence punishable with death, so as to render any such sentence spent or vacated by reason that such offender was not executed at the time or place appointed by the Court, 8. Whereas death pronounced. [Ord.14 anno 1865] Offenders sentenced to death, and heretofore conditionally pardoned, to position as if been made at No. VIII. 8. Whereas the Royal Mercy has in time past been extended by the Governor for the time being to divers offenders under sentence of Death in this Colony upon condition of their being imprisoned with hard labour, or kept in penal servitude, for life or for a term of years, and such offenders have suffered or are now suffering the be in the same commuted punishments so awarded to them instead of undergoing the Sentence of Death, but there is reasou to apprehend that in divers instances the Supreme Court of Criminal Justice and the Chief Justice in non-session of said Court, has omitted to make fhe allowances and orders in that behalf directed by the 74th section of Ordinance No. 27, of the year 1846, it is hereby enacted and declared that all such offenders respectively shall be held to be in the same position and entitled to the same benefits and advantages and subject to the same conditions and liabilities as if such allowances and orders had been duly made at the time in terms of the aforesaid section: Provided always that it shall be the duty of Clerk of the Court to record and indorse in the manner provided by the fourth section hereof all conditional pardons heretofore granted to such offenders respectively; and provided further that in all cases in which such conditional pardons cannot now be found, but it shall appear to the Governor's satisfaction by the records of the Government Secretary's office that such pardons were actually granted at the time, it shall be lawful for the Governor to cause duplicate pardons to be issued, bearing the same dates respectively as the original pardons, and the same shall be as valid and effectual and shall be recorded and indorsed in the same way as if the originals had been produced, Clerk of 9. It shall be the duty of the Clerk of the Court to furnish whenever directed by the Governor, copies and extracts from all furnish copies 1ecords, minutes, and proceedings of the Court, and all returns relative thereto that the Governor may require. Court to and extracts from Records. 10. The term "Court" used in this Ordinance shall mean the Definition of Supreme Court of Criminal Justice in and for each and every of the several counties of the Colony. term "Court." Commence. ment of Ordinance. 1. This Ordinance shall come into operation and take effect on the publication thereof. No. XI. AN ORDINANCE TO ADD TO THE PROVISIONS OF ORDINANCE Enacted 1st August, 1865, published on the 2nd following, [FRANCIS HINCKS, Governor.] WHEREAS it is necessary to add to the provisions of Ordinance Preamble. Number Seventeen of the year One Thousand Eight Hundred and Sixty-four, and whereas the Plan in that Ordinance mentioned has been deposited of Record in the Registrar's Office in and for the Counties of Demerara and Essequebo: 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. It shall be lawful for the Mayor and Town Council of George- Power to Mayor and town to take and acquire absolutely, all Lands and Buildings which Town Council it may be necessary for them to take and acquire, in order to carry to te dar take Lands, into effect any re- allotment which may be made in such Plan, of any into effect any portion of the Burnt District in that Ordinance mentioned; and the made in new absolute property of all such Lands and Buildings shall vest in the Mayor and Town Council. re allotment Plan. 2. All such Lands and Buildings shall be taken possession of, Procedure how and their value ascertained and paid, in manner provided by, and according to all the rules and regulations contained in that Ordinance, with respect to Lands and Buildings taken and acquired under that Ordinance. 3. The Mayor and Town Council may sell and transport all lands Power to Sell and Transport. and buildings which they may acquire under this Ordinance, be construed 4. This Ordinance shall, in so far as may be necessary for car- Ordinance to rying the same into effect, be cons rued with and form part of with previous Ordinances No. 25 of the year 1860, No. 17 of the year 1864, and No. 20 of the year 1864. Ordinances. Preamble. No. X. AN ORDINANCE TO AMEND ORDINANCE NO. 22, OF THE YEAR 1862. Enacted 24th October, 1865, published on the following day, came into operation on publication. [FRANCIS HINCKS, Governor.] WHEREAS, by reason of the great increase of offences punish able under Sections 32 and 33 of Ordinance Number 22, of the year 1862, and of the fact that such offences are frequently committed by numbers of men acting in combination and with violence, it has become expedient to amend these sections, by giving power to the Stipendiary Justices of the Peace to award the punishment of whipping for the first commission of any such offence: 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. From and after the taking effect of this Ordinance, it shall be Whipping may lawful for any Stipendiary Justice of the Peace, if he shall think be awarded for fit, in addition to any of the Punishments provided by sections 32 under sections and 33 of Ordinance No. 22, of the year 1862, for a first offence Ordinance No. punishable under the provisions of these sections, to sentence any To what ex- male offender to be publicly whipped for such first offence, such tent. Where whipping not to exceed thirty-nine lashes, and to take place within the district in which the offender shall have been convicted. 32 and 33 of 22 of 1862. to be administered. 2. This Ordinance shall be construed with, and form part of This Ordinance Ordinance No 22, of the year 1862. and No. 22 of 1862, to be construed together. Commence. ment of Ordinance. 3. This Ordinance shall come into operation and take effect on the publication thereof. No. XI. |