No. 266. 29th June, 1867. SCHEDULE C. I, A.B., do hereby certify that I have this day baptised by the name a Male child, produced to me by of as the son of and to have been born at 18 day of and declared by on 18 No. 275. An Act to Authorise the Appointment of a Colonial Engineer. [6th May, 1868.] WHEREAS the Public Service of this Government cannot be efficiently performed in many respects without the aid of a competent Engineer, Be it enacted by the Governor and Legislative Assembly of the Government of Saint Vincent and its Dependencies as follows: This Act may be cited as "The Colonial Engineer's Act, 1868." It shall be lawful for the Governor to appoint a fit person to be and to be called "Colonial Engineer," and for just cause to suspend or remove any holder of the said appointment, and on such suspension or removal or other vacation of the office from time to time to appoint other persons thereto, as the Public Service shall require. There shall be paid to such Colonial Engineer the annual salary of Three Hundred Pounds, and likewise an annual sum of One Hundred Pounds as and in lieu of all allowances for Horse keep and House rent and otherwise, and such sums shall be paid in like manner as other Public Salaries are paid. The said Colonial Engineer shall be ex-officio Surveyor of all Crown lands and other Public lands within this Government, and it shall be likewise his duty to take the charge and superintendence of all such Crown lands and also of all Public Buildings and Works, and of all Roads which this Government are or may be liable to repair or maintain, and to order and superintend the execution of such Public Works and repairs, and to make such surveys and to prepare and furnish to the Governor all such Plans, Specifications, Estimates, Returns and Reports and other documents relating to the premises, as the Governor may from time to time require and direct. It shall be lawful for the Governor to provide and pay Labourers to assist the said Colonial Engineer in all surveys and other duties requiring such assistance. The said Colonial Engineer shall provide at his own cost a Public Office in the town of Kingstown, and shall attend thereat as the Governor may direct. The said Colonial Engineer shall by virtue of his appointment be deemed to be Colonial Surveyor under the Act of this Government, "An Act to facilitate the Crown and Colony Surveyors in entitled, discharge of their duties." No. 276. An Act for the more effectual protection of Her Majesty's Naval and BE it enacted by the Governor and Legislative Assembly of the Govern- This Act may be cited as "The Naval and Victualling Stores Act, 1868." CL. I. Short title of Act. CL. II. In this Act the term "the Admiralty" means the Lord High Admiral of the United Kingdom or the Commissioners for executing the office Construction of terms. of Lord High Admiral. The term "Dealer in Marine Stores" means a Person bound to conform to the Regulations of the Merchant Shipping Act, 1854, Section four hundred and eighty. The term "Dealer in old Metals" has the same meaning as in the Imperial Statute "The Old Metal Dealers Act, 1861." The term "in Her Majesty's Service," when applied to persons applies also to persons in the employment of the Admiralty. The term "Stores" includes any single store or article. The Marks described in the Schedule to this Act may be applied in or on Her Majesty's Naval and Victualling Stores, to denote Her Majesty's Property in Stores so marked. CL. III. Marks as mentioned in H.M. property or to be used by order of the Admiralty, It shall be lawful for the Admiralty, their Contractors, Officers and Workmen to apply the said marks, or any of them, in or on any such Stores as are described in the said Schedule. If any Person, without lawful authority (proof of which authority unauthorised persons using same guilty of shall lie on the party accused) applies any of the said marks in or on misdemeanor. any such Stores, he shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years with or without hard labour. If any Person with intent to conceal Her Majesty's property in any Naval or Victualling Stores, takes out, destroys or obliterates wholly or in part any such mark as aforesaid, he shall be guilty of Felony, and shall be liable, in the discretion of the Court, to be kept in penal servitude for any term not exceeding Four years, or to be imprisoned for any term not exceeding Two years with or without hard labour, and with or without solitary confinement. If any Person without lawful authority (proof of which authority shall lie on the party accused) receives, possesses, keeps, sells, or delivers any Naval or Victualling Stores bearing any such mark as aforesaid, knowing them to bear such mark, he shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year with or without hard labour. Where the person charged with such a misdemeanor as last aforesaid, was at the time at which the offence is charged to have been committed, a Dealer in Marine Stores, or a Dealer in old Metals, or in Her Majesty's Service, knowledge on his part that the Stores to which the charge relates bore such mark as aforesaid shall be presumed until the contrary is shown. Any person charged with such a misdemeanor, as last aforesaid, in relation to Stores, the value of which does not exceed Five Pounds, shall be liable, on Summary conviction before a Justice of the Peace, to a penalty not exceeding Twenty pounds, or in the discretion of the Justice to be imprisoned for any term not exceeding Six months with or without hard labour. Act Every conviction of a Dealer in old Metals for any offence in this expressed to be a Felony or Misdemeanor, shall, for the purposes of registration and its consequences under the Imperial Act to be cited as CL. IV. Persons wilfully des troying marks on H.M. property or stores guilty of felony. CL. V. Unauthorised persons, knowingly receiving, keeping, selling or delivering any stores guilty of misdemeanor. knowing the said marks CL. VI. Persons charged with being Dealers in Marine Stores, or old Service, presumed to have knowledge of such marks. the offence aforesaid Metal, or in H.M. CL. VII. Persons charged in relation to Stores not exceeding £5 in value conviction before liable to summary Justice of the Peace CL. VIII. Conviction of a Dealer in old Metals, for a felony or misdemeanor No. 276. 18th May, 1868. under this Act, shall be, for Registration under Imperial Statute equivalent to conviction under that Statute. CL. IX. Proceedings to prevent failure of Justice by reason of the difficulty of proving knowledge of fact that Stores bore marks. CL. X. Persons deemed in possession of Stores if knowingly in the possession of any other person or in any house, &c., field opened or enclosed, whether occupied by him, and whether for his own use, or for use of another. CL. XI. No person without permission in writing from Admiralty, or authorised party, to creep, sweep, or dredge for Stores within 100 yards of any vessel in H.M. Service, or from any moorings, docks, wharves or yards belonging to Her Majesty. Penalty for contravention of above. CL. XII. Certain Sections of the Imperial Statute 24 and 25 Vict. c. 96 to be read as if enacted in this Act. CL. XIII, Admiralty alone authorised to prose cute. CL. XIV. applied as directed Persons liable to "The Old Metal Dealers Act, 1861," be equivalent to a conviction under that Act. In order to prevent a failure of Justice in some cases by reason of the difficulty of proving knowledge of the fact that Stores bore such a mark as aforesaid. If any Naval or Victualling Stores bearing any such mark are found in the possession of any person not being a Dealer in Marine Stores, or a Dealer in old Metals, and not being in Her Majesty's Service, and such person when taken or summoned before a Justice of the Peace does not satisfy the Justice that he came by the Stores so found lawfully, he shall be liable on conviction by the Justice to a penalty not exceeding Five pounds, and if any such person satisfies the Justice that he came by the Stores so found lawfully, the Justice at his discretion as the evidence given and the circumstances of the case require, may summon before him every person through whose hands such Stores appear to have passed, and if any such person as last aforesaid who has had possession thereof does not satisfy the Justice that he came by the same lawfully, he shall be liable on conviction by the Justice to a penalty not exceeding Five Pounds. For the purposes of this Act Stores shall be deemed to be in the possession or keeping of any person, if he knowingly has them in the actual possession or keeping of any other person, or in any House, Building, Lodging, Apartment, Field, or Place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit, or for use or benefit of another. It shall not be lawful for any person, without permission in writing from the Admiralty, or from some person authorised by the Admiralty in that behalf, to creep, sweep, dredge, or otherwise search for Stores in the sea or any tidal water within one hundred yards from any vessel belonging to Her Majesty or in Her Majesty's Service, or from any Mooring Place or Anchoring Place appropriated to such Vessels, or from any Moorings belonging to Her Majesty or from any of Her Majesty's Wharves or Dock Victualling or Steam-factory yards. If any person acts in contravention of this provision he shall be liable on Summary conviction before a Justice of the Peace to a penalty not exceeding Five pounds, or to be imprisoned for any term not exceeding Three months with or without hard labour. The following sections of the Imperial Statute of the Session of the Twenty-fourth and Twenty-fifth years of Her Majesty (chapter ninetysix) "To consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar offences," shall be incorporated with this Act, and shall for the purposes of this Act be read as if they were here enacted, namely: Sections Ninety-eight to One hundred, One hundred and three, One hundred and five, One hundred and seven to One hundred and thirteen and One hundred and fifteen to One hundred and twenty-one all inclusive, and for this purpose the expression "this Act" when used in the said incorporated Sections shall be taken to include the present Act. It shall not be competent for any person other than the Admiralty to institute or carry on under this Act any prosecution or proceeding for any offence. Any pecuniary penalty or other money recovered under this Act shall be paid or applied as the Admiralty may direct. Nothing in this Act shall prevent any person from being indicted under this Act or otherwise for any indictable offence made punishable on Summary Conviction by this Act, or prevent any person from being liable under any other Act or otherwise to any other or higher penalty or they be not punished punishment than is provided for any offence by this Act so that no person be punished twice for the same offence. other Acts so that twice for the same act. CL. XVI. Penalties recoverable under "Summary Procedure Act, 1853." All penalties under this Act may be recovered under the provisions of "The Summary Procedure Act, 1853." |