AN ORDINANCE TO AMEND ORDINANCE No. 26, OF THE YEAR [Ord. 2 anno 1846, INTITULED "AN ORDINANCE TO INTRODUCE INTO 1847.] "THE COLONY OF BRITISH GUIANA TRIAL BY JURY IN "CRIMINAL CASES."

Enacted 8th January, 1847, published the 9th following, came into operation on publication.

[HENRY LIGHT, Governor.]

WHEREAS it is necessary to amend Ordinance No. 26, of the Preamble.

Year 1846, intituled "An Ordinance to introduce into the Colony of British Guiana Trial by Jury in Criminal Cases."

nance No. 26,

1. Be it therefore enacted, by His Excellency the Governor of Repeal of SecBritish Guiana, by and with the Advice and Consent of the Court tion 9, of Ordiof Policy thereof, that Section 9 of said Ordinance No. 26, of the anno 1846. year 1846, shall be repealed.

2. And be it enacted, that at some convenient day, not less than Jurors to be fourteen days before each session of the Supreme Court of Criminal drawn alpha

VOL. II.

betically.

[Ord. 2 anno 1847.]

bice.

No. I.

Justice for the Counties of Demerara and Essequebo, the Marshal of said Counties shall take forty-eight names in regular order, beginning at the top of the alphabetical lists in the Jury Book for said Counties, taking the first name of each letter in the alphabet, then the second name in each letter in the said alphabet, and so on until forty-eight names shall be returned; and as often as any Juror shall be returned, the said Marshal shall mark, or cause to be marked, in the said general Jury Book, and also in the special Jury Book, in the case of special Jurors, the date when any such Juror shall have been returned to serve; and in all subsequent returns the said Marshal shall commence with the name immediately after the last in the preceding return, taking the subsequent names in the alphabetical order in which they shall have been entered, and so to the end of the lists respectively: Provided always, that if there shall be no general Jury Book or special Jury Book in existence for the current year, it shall be lawful to return Jurors from the Book or Books of the preceding year.

3. And be it enacted, that the Marshal of the County of Berbice Jurors in Ber- shall, before each session of the Supreme Court of Criminal Justice in and for the County of Berbice, return lists of Jurors for such Session in and for the County of Berbice in manner and form hereinbefore directed in respect to the returns of lists of Jurors for each Session of the Supreme Court of Criminal Justice in and for the Counties of Demerara and Essequebo.

Trial at Bar.

Special Jury

may be had on motion.

4. And be it enacted, that any one of the Judges of the Supreme Courts of Criminal Justice of British Guiana, upon motion made on behalf of Her Majesty, her Heirs, and Successors, or of any prosecutor, prisoner, or defendant, in any prosecution, information, or cause whatsoever, to be carried on and tried at any Session of the Supreme Courts of Criminal Justice, and which would form or be the subject of a trial at bar in any of Her Majesty's Supreme Courts of Common Law at Westminster, shall order the trial by Jury of any and every issue of fact to be tried in any such causes aforesaid, to be bad, heard, and determined at bar, that is to say, before and by the said Supreme Court of Criminal Justice, composed of all the Judges thereof.

5. And be it enacted, that any one of the Judges of the said Supreme Court of Criminal Justice, upon motion on behalf of Her

Majesty,

[Ord. 2 anno 1847.]

No. I.-II.

Majesty, her Heirs, and Successors, or upon the motion of any prosecutor, prisoner, or defendant, in any criminal case whatsoever triable by a jury, may order and appoint a special jury, to be struck before the Registrar of Court for the trial of any issue triable by a jury, in such manner and form as hereinafter mentioned, and every special jury so struck shall be the jury returned for such issue.

6. And be it enacted, that the qualification of special Jurors for Striking, &c., the trial of any criminal case to be tried in Demerara and Essequebo, of Special Jury. or in Berbice, shall he the same as are prescribed by Ordinance No. 19, of the year 1846, for special jurors in any civil cases to be tried in the Counties of Demerara and Essequebo, and Berbice, respectively; and that the lists of special jurors and the mode and manner of striking a special jury, and the consent of parties to have a special jury struck, and the summoning of special jurors and the costs of a special jury, shall be similar to and governed by the rules, regulations, and provisions in said Ordinance No. 19, of the year 1846.

No. II.

AN ORDINANCE TO AMEND ORDINANCE No. 27, OF THE YEAR 1846, ENTITLED "AN ORDINANCE FOR IMPROVING THE "ADMINISTRATION OF CRIMINAL JUSTICE IN THE COLONY "OF BRITISH GUIANA, AND FOR REGULATING THE FORM "AND MANNER OF PROCEEDINGS IN CRIMINAL CASES," AND TO INTRODUCE OTHER PROVISIONS THEREIN.

Enacted 8th January 1847, published the 9th following, came into operation on publication.

[HENRY LIGHT, Governor.]

WHEREAS it is expedicnt to amend Ordinance No. 27, of the Preamble.

year 1846, entituled "An Ordinance for Improving the Adminis"tration of Criminal Justice in the Colony of British Guiana, and

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"for

Ordinance re

pealed.

"for Regulating the Form and Manner of Proceeding in Criminal "Cases," and to introduce other Provisions therein :

1. Be it therefore enacted by His Excellency the Governor of Section 21 of British Guiana, with the advice and consent of the Court of Policy thereof, that the 21st Section of Ordinance No. 27, of the year 1846, shall be repealed, and the 21st Section of said Ordinance shall be as follows, that is to say :-" 21. And be it enacted, that "the High Sheriff, the Sheriff of Essequebo, and the Sheriff of Ber"bice, respectively, shall, on receipt of such preliminary examina"tions, statement of the accused, writings and other articles as "aforesaid, transmit the same to the Attorney-General."

Preliminary examinations

to be sent to Attorney General.

2. And be it enacted, that section 22 of said Ordinance shall be Section 22 re- repealed, and that the 22nd Section of said Ordinance shall be as pealed. follows, that is to say :-" 22. And be it enacted, that upon receipt "of the said preliminary examinations, statement of the accused, "writings and other articles as aforesaid, the Attorney-General, if "he see reason to institute Criminal Proceedings, shall institute such "Proceedings as to him shall seem legal and proper."

Attorney

General to in. stitute prosecutions.

3. And be it enacted, that the words "at the same time with Section 35 par. "the preliminary examinations of the witnesses and other proceedtially repealed. "ings had on the charge to which the same relate, or as soon as "may be after, such bailments or recognizances are taken," in Section 35 of said Ordinance, shall be repealed and held to be struck out of said Section.

Section 45 par

4. And be enacted, that the words "and the Registrar shall "enter the same in a book to be by him kept for that purpose, and tially repealed. << such indictment shall be signed by the Attorney General in such "book before any party shall be called upon to plead thereto," in Section 45 of said Ordinance shall be repealed, and held to be struck out of said last mentioned Section.

pealed.

soner.

5. And be it enacted, that the 58th Section of said Ordinance Section 58 re- shall be repealed, and that the 58th Section of said Ordinance shall Arraignment be as follows, that is to say:-" 58. And be it enacted, that every and plea of pri- << prisoner shall be arraigned in such manner and form as is usual in 7&8 G. 4, c. 28, "criminal trials in England, and that if any person being arraigned "upon, or charged with any indictment or information for treason, "felony, or misdemeanor, shall stand mute of malice, or will not "answer directly to the indictment or information, in every such

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саве,

"

case, the Court shall order the proper officer to enter a plea of not

guilty on behalf of such person, and the plea being so entered "shall have the same force and effect as if such person had actually "pleaded the same."

party on his

s. 1.

6. And be it enacted, that Section 59 of said Ordinance shall be Section 59 repealed. repealed, and that the 59th Section of said Ordinance shall be as fol- Plea of not lows, that is to say :-" 59. And be it enacted, that if any person guilty to put "being arraigned upon any indictment for treason, felony, or mis- trial. "demeanor, shall plead thereto a plea of not guilty, he shall by 7&8G. 4, c. 28, "such plea, without any further form, be deemed to have put him"self upon the Country for trial, and the Court shall order a jury "for the trial of such person accordingly; and that if any such person shall plead guilty, such plea shall be entered as aforesaid, "and the Court shall pass such sentence on such person as shall be "agreeable to law."

of indictment.

7. And be it enacted, that every plea shall be entered on the back Plea to be enof the indictment, or annexed to the indictment, and shall with the tered on back indictment be kept and preserved in the Registrar's office as of record, and shall be held and considered to be a record of the matters therein contained.

entered.

8. And be it enacted, that every verdict returned by a jury, and Verdict and accepted by the Court, shall be entered on the back of the indict- sentence how ment, or on a separate sheet of paper thereto annexed, and that in like manner every judgment or sentence of the Supreme Court of Criminal Justice, or of any of the Judges thereof, shall be recorded on the indictment or on a sheet of paper thereto annexed, and that the indictment, the plea or pleas thereto, the names of the Jurors, the verdict, and the judgment or sentence of the Court, shall form and be the record of the proceedings in each criminal case.

Book.

9. And be it enacted that the Registrar or proper officer attend- Registrar to ing the sessions of the Supreme Court of Criminal Justice, shall keep a Minute keep a minute-book in which he shall enter all such matters and things as, according to the custom and practice of Criminal Courts

in England, ought to be and are entered.

10. And be it enacted, that where any person charged with any Persons havin crime or offence, or any person against whom the crime or offence one name only. has been committed, has one name only, or only one name that is known, it shall be sufficient to designate in any indictment or

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inquisition