Preferent right of Company deficiency: Provided always that such assesment shall be calculated by way of per centage upon the amount of the annual cash premiums paid into the capital stock. 12. The company shall have, and are hereby declared to have, a preferent right upon the immoveable property insured and upon the estate of the assured in the lot, parcel of land, or plantation upon over immove- which said property is located, for securing the payment of the able property. aforesaid notes or other securities, or the assessments which may be made thereupon, over and above any lien or mortgage, legal or conventional, provided that such lien or mortgage shall have been established subsequently to the date of the policy issued by the company, or in the case of the existence of a lien or mortgage of a prior date, that the assured shall have obtained from the holder of such lien or mortgage his consent in writing to the giving of such note or other security; and excepting always preferent rights in respect of taxes, imposts, debts, and sums of money due to Her Majesty or to the Government of the Colony, and in respect of How enforced. local, municipal, village, and parochial rates, taxes, and assessments; and in default of payment of any such assessment, after thirty days' notice that the same has become due and payable, such notice to be advertised in the Official Gazette and one other newspaper published in Georgetown, the company may forthwith proceed by parate execution against the property on which a preferent right is hereby constituted for the recovery of the whole amount of the note or other security in respect of which such default is made; and in any proceeding by parate execution, the signatures of a quorum of the board of directors, subscribed to any document setting forth a statement of the amount claimed, shall without proof of such signatures, or any other matter or thing, be held to be prima facie evidence of the correctness of the amount claimed, and shall entitle the company to a writ of execution. Any proceeds of property levied on, which may remain after the payment of the sum be due to the company and all costs and charges thereon, shall be paid over to the assured on demand, and the assured shall from the time of default made by him cease to be a member of the company and forfeit all the rights and privileges of membership thereof. Surplus pro ceeds of property to paid over to assured. Forfeiture for default. 13. If any member of the company who has insured moveable Proceedings in property, shall neglect or refuse to pay any sum of money which default of shall assessment in case of insur. ance of immoveable shall be payable by him in respect of any assessment, the company, payment of after fourteen days' notice to be published in the Official Gazette and one other newspaper in Georgetown, may proceed by parate execution against the persons who shall be liable on such note or property. other security; the writs of execution to be obtained in like manner as is provided with respect to obtaining such writs in cases of proceed⚫ ings against immoveable property. The company shall be entitled to recover the amount of the assessment and all costs and charges thereon. The proceedings in execution after the obtaining of the writ shall be the same as ordinary proceedings in execution. At the expiration of the fourteen days' notice to be published as aforesaid, the assured who shall continue in default shall cease to be a member of the company, and shall forfeit all the rights and privileges of default. membership. Forfeiture for 14. In case any person who shall have been for three years a Rights of member of the company, shall at any time thereafter retire there- Members retiring after from, he shall be entitled to receive from the directors scrip to the three years' membership. amount of his interest in the capital stock of the company at the time of his withdrawal, which scrip shall entitile him to share in the profits accruing to the company from the amount of capital stock represented by said scrip, such capital stock being and remaining the property of the company. 15. The directors shall have authority to fund the net profits Net Profits, frising from the business of the company or to make such division how to be disposed of. of them either by declaring cash dividends, issuing scrip or in any other manner or way which may by them be deemed most advisable, provided that the manner of such funding or division of profits shall be regulated by bye-laws passed by the directors by virtue of the authority conferred upon them by this Ordinance; and provided further that in no case the capital stock of the company shall by division of profits be reduced to less than the sum of one hundred Directors thousand dollars. And any director who shall consent to the pay-ayinent of ment of any dividend contrary to the provisions of this section of dividend this Ordinance shall be held liable in his person and private property section, how contrary to this liable. for any and all loss or damage which may result from such ualawful declaration or dividend. consenting to 16. Whenever [Ord.18 anno 1865.] Lien on immoveable No. XI. 16. Whenever any member shall desire to transport or assign any immoveable property insured in said Company, or any part thereof, he shall give due notice in writing to the Directors, and remain for one the preferent right provided by this Ordinance for securing the property to month after conveyance. payment of any and every note or other security and the assessments thereon shall remain unimpaired and in full force, notwithstanding the transport or assignment of said property, or any part thereof, for one month after the passing of such transport or assignment; and unless within such month, the new proprietor shall procure a transPolicy to lapse fer of the Policy in his favour, and shall renew the Promissory Note, or other security to the satisfaction of the Directors, the Policy shall lapse, and in case of such lapse of Policy, no person shall in respect thereof be subject to any liabilities of the Company arising subsequently to such lapse, or be entitled to any rights or privileges of membership of the Company. unless within such month if it be transferred to new proprietor, and note or other security be renewed by him. Members not amount of note 17. No member shall be answerable in his person or property for any contract or agreement of the company or for any losses, defiliable beyond ciencies or failings, of the guarantee stock thereof, beyond the amount of his note or other security, except in the case of a Director consenting to the declaration of an unlawful dividend as provided for by section fifteen of this Ordinance. or other secu rity. Exception of case of Directors under 15th section, 18. In all Legal proceedings by the Company the power ad litem Legal proceed- may be signed by the Secretary for the time being; and in all legal ings. proceedings against the Company service of process upon said Secretary shall be sufficient service. Duration of 19. This Ordinance shall be and continue in force until the first day of January in the year One Thousand Nine Hundred, and until the end of the next session of the Legislature of the Colony of British Guiana which shall happen thereafter, unless the Company shall sooner be dissolved. 20. The Company may be dissolved at any time, by a majority Dissolution of of at least two thirds of the entire votes of the Company, given at Company. a Special Meeting called for the purpose of taking the question of dissolution into consideration. dissolution. 21. On the dissolution of the Corporation or the expiration of Winding up on this Ordinance, the Directors for the time being shall take prompt and effective measures for closing all the concerns of the Company, but no such dissolution or expiration shall so operate as to prevent Corporate any suits being brought or continued by or against the said Com- powers to conpany for any debt or claim due by or to the same, and which was purpose. due previously to said dissolution or expiration, but for the purpose of closing its concerns its corporate powers shall remain unimpaired. tinue for the 22. This Ordinance shall commence and take effect on the pub- Commencelication thereof. ment of Ordi. nance. No. XII, AN ORDINANCE FOR AMENDING THE LAW OF EVIDENCE ON [Ord. 3 anno CRIMINAL TRIALS. Enacted 19th January, 1866, published the 20th fol lowing, came into operation on publication. FRANCIS HINCKS, Governor.] 1866.J WHEREAS it is expedient that the Law of Evidence on Trials Preamble for Felony and Misdemeanor and other Proceedings in Courts of Criminal Judicature should be more nearly assimilated to that on trials of Civil Suits: 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: Ordinance to 1. The provisions of this Ordinance shall apply to all Courts of Provisions of Judicature in the Colony, as well criminal as all others, and to all apply to all persons in the Colony having, by law or by consent of parties, Courts of Judi authority to hear, receive and examine Evidence. VOL. IV. G 2. A cature in the Colony. [Ord. 3 anno 1866.] How far Wit ness may be discredited by ducing him. Proof of contradictory statements of adverse wit ness. Cross-examin vious state No. XII. 2. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 3. If a witness, upon cross-examination as to a former statement made by him relative to the subject matter of the Indictment or Proceeding and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 4. A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the ation as to pre- subject matter of the Indictment or Proceeding, without such ments in write writing being shown to him; but if it is intended to contradict such ing. witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him : Provided always that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he may think fit. 5. A witness may be questioned as to whether he has been conProof of pre- victed of any felony or misdemeanor, and upon being so questioned, tion of witness if he either denies that he has been so convicted or refuses to may be given. answer, it shall be lawful for the cross-examining party to prove vious convic such conviction: and a certificate containing the substance and effect only, (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the |