No. 61. 2nd October, 1844. CL. I. Repeals Act of 29th November, 1843. Twelve persons or more unlawfully assembled, and not dispersing after commanded by one justice, &c., by Proclamation subject to imprisonment not exceeding three years. CL. II. by the Officer administering the Government of the Island of St. Vincent and its Dependencies, the Council, and Assembly of the same, that the Act published the twenty-ninth day of November, one thousand eight hundred and forty-three, shall be and the same is repealed; And whereas it is expedient that an enactment should be made for preventing and suppressing unlawful riots and tumults, and for more speedy and effectually punishing the offenders; Be it enacted, That from and after the publication of this Act if any persons, to the number of Twelve or more, being unlawfully, riotously, and tumultuously assembled together to the disturbance of the public peace, and being required or commanded by any one or more Justice or Justices of the Peace, or by the Provost Marshal or his Deputy, in this Island or the Dependencies thereof where such assembly shall be, by Proclamation to be made in the Queen's name, in the form hereinafter directed, to disperse themselves and peaceably to depart to their habitations, or to their lawful business, shall to the number of Twelve or more, notwithstanding such Proclamation made, unlawfully, riotously, and tumultuously remain or continue together for the space of one hour after such command or request made by Proclamation, that then such continuing together to the number of Twelve or more, after such command or request made by Proclamation, shall subject the person convicted thereof, at the discretion of the Court, to be imprisoned for any term not exceeding three years in the Common Gaol or in any House of Correction in this Island. That the order and form of the Proclamation that shall be made by the authority of this Act, shall be as hereafter followeth (that is to say) :— The Justice of the Peace, or other person authorized by this Act to make the said Proclamation, shall come among the said rioters, or shall approach as near to them as he can safely come, [and] with a loud voice command or cause to be commanded silence to be kept while Proclamation is making, and after that shall openly and with a loud voice make or cause to be made Proclamation in these words, or like in effect: "Our "Sovereign Lady the Queen chargeth and commandeth all persons "being here assembled, immediately to disperse themselves, and peaceably "to depart to their habitations, or to their lawful business, upon the Justices, &c., to resort "pains contained in the Act of this Island made and passed for preventto the place. CL. III. Persons so assembled, and not dispersing within an hour, to be apprehended. And if they make resistance, the persons killing them to be indemnified. 66 ing Tumults and Riotous Assemblies. God save the Queen! And every such Justice or Justices of the Peace, Provost Marshal or Deputy Provost Marshal aforesaid, are hereby respectively authorized, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place where such unlawful, riotous, and tumultuous assembly shall be, of persons to the number of Twelve or more, and there to make or cause to be made Proclamation in manner aforesaid. That if such persons so unlawfully, riotously, and tumultuously assembled, or Twelve or more of them, after Proclamation made in the manner aforesaid, shall continue together, and not disperse themselves within One Hour, then it shall and may be lawful to and for each and every Justice or Justices of the Peace, Provost Marshal or Deputy Provost Marshal, where such assembly shall be, and also to and for every Police Officer, Constable, or other Peace Officer, and to and for all such other person or persons as shall be commanded to be assisting unto any such Justice or Justices of the Peace, Provost Marshal, or Deputy Provost Marshal, who are hereby authorized and empowered to command all Her Majesty's subjects of age and ability to be assisting to them therein, to seize and apprehend such persons so unlawfully, riotously, and tumultuously continuing together after Proclamation made as aforesaid, and forthwith to carry the persons so apprehended before one or more of Her Majesty's Justices of the Peace of this Island in order to their being proceeded against for such offence according to Law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending or endeavouring to disperse, seize, or apprehend them, by reason of their resisting the persons so dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, that then every such Justice or Justices of Peace, Provost Marshal, or Deputy Provost Marshal, Police Officer, Constable, or other Peace Officer, and all and singular persons being aiding and assisting to them, or any of them, shall be freed, discharged, and indemnified, as well against the Queen's Majesty, her heirs and successors, as against all and every other person or persons, of, for, or concerning the killing, maiming, or hurting of any such person or persons so unlawfully, riotously, and tumultuously assembled that shall happen to be so killed, maimed or hurt as aforesaid. That if any person do or shall with force and arms wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any person that shall begin to proclaim or go to proclaim according to the Proclamation hereby directed to be made, whereby such Proclamation shall not be made, that then every such person opposing, obstructing, letting, hindering, or hurting such person so beginning or going to make such Proclamation as aforesaid, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years in the Common Gaol or in any House of Correction in this Island; and that also every such person or persons so being unlawfully, riotously and tumultuously assembled, to the number of Twelve as aforesaid or more, to whom Proclamation should or ought to have been made, if the same had not been hindered as aforesaid, shall likewise in case they or any of them to the number of twelve or more shall continue together, and not disperse themselves within One Hour after such let or hindrance so made, having know edge of such let or hindrance so made, shall be liable, at the discretion of the Court, to be imprisoned for auy term not exceeding three years in the Common Gaol or in any House of Correction in this Island. That, in awarding imprisonment for any of the offences punishable under this Act it shall be lawful for the Court to direct such imprisonment to be with or without hard labour in the Common Gaol or house of Correction, and also to direct that the offender shall be kept in solitary confinement for any portions or portion of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not ́exceeding three months in any one year, as to the Court in its discretion shall seem meet. That this Act shall be openly read at every Court of Grand Sessions of the Peace. That no person shall be prosecuted by virtue of this Act for any offence or offences committed contrary to the same unless such prosecution be commenced within six months after the offence committed. No. 71. An Act to repeal certain Duties of Customs laid and imposed by an Act of No. 71. upon the importation thereinto of certain Sugar, refined in Bond in the 27th February, 1817. United Kingdom; And whereas by the said in part recited Act. it is declared that all laws, bye-laws, usages, or customs which shall be in practice in any of the British Possessions in America which are in anywise repugnant to the said Act, or to any Act of Parliament made or to be made in the United Kingdom, so far as such Act shall relate to and mention the said Possessions, are and shall be null and void, to all intents and purposes whatsoever; And whereas, by an Act passed in the Imperial Parliament in the Session holden in the ninth and tenth years of the reign of Her present Majesty, intituled "An Act to enable the Legisla"tures of certain British Possessions to reduce or repeal certain Duties "of Customs," after reciting as or to the effect hereinbefore recited, and reciting that it is expedient to enable the Legislatures or other proper legislative authorities in the said British Possessions, with the assent of Her Majesty in Council, to reduce or repeal all or any of such Duties of Customs as aforesaid, so far as the same may be in force in such Possessions respectively, It is enacted, That if and whenever the Legislature or other proper Legislative authority of any of the said British Possessions in America or the Mauritius make or pass any Act or Ordinance, Acts or Ordinances reducing or repealing all or any of the said Duties of Customs so imposed as aforesaid by the said therein recited Act upon any articles imported into such possession, and if Her Majesty, by and with the advice of her Privy Council, assent to such Act or Ordinance, Acts or Ordinances, such Duties of Customs shall, upon the proclamation of such assent in the Colony or at any time thereafter which may be fixed by such Act or Ordinance, be so reduced or repealed in such possession as if such reduction or repeal had been effected by an Act or Acts of the Imperial Legislature, anything in any Act to the contrary thereof notwithstanding: And whereas the said Island of St. Vincent is one of the said British Possessions in America in which the said recited Act imposing the said Duties of Customs is in force, and it is deemed advisable by the Legislature thereof to repeal the same, so far as the said Island of St. Vincent is concerned; Be it therefore enacted by the LieutenantGovernor, Council, and Assembly of this Your Majesty's Island of St. Vincent and its Dependencies, that from and immediately upon the Proclamation in this Colony of the assent of Her Majesty in Council to this present Act, so much and all such part and parts of the said recited Act of the Imperial Parliament, intituled "An Act to regulate the Trade of "the British Possessions abroad," as imposes or lays, impose or lay any Duty or Duties of Customs upon the importation into this Island of St. Vincent of any articles of Merchandise whatever, whether enumerated in the said Act or in the Table in the said Act contained, or otherwise, shall be, and the same is and are hereby repealed. CL. I. Preamble. No. 74. An Act to provide that all Moneys to be paid for the General Purposes of the Government of the Island of St. Vincent and its Dependencies shall be paid by virtue of the Warrant of the Officer administering the said Government, and not otherwise. [4th February, 1848.] WHEREAS an Act, passed on the thirty-first day of March, in the year of our Lord one thousand eight hundred and forty-seven, and intituled “An "Act to provide a Salary for a Clerk and Schoolmaster at Buccament "Chapel;" and an Act, passed the thirty-first day of March, one thousand eight hundred and forty-seven, and intituled "An Act to grant a "further Sum of Money for completing the Market House, and improving the Market Place in the Town of Kingstown," have been suspended in their operation because it is not provided in each of them that the sums of money to be disbursed under the authority of each of them shall be paid under the Warrant of the Officer administering the said Government; And whereas it is deemed advisable that a general and express provision be made, in a separate and distinct Act, that all Public Moneys shall be paid by the Warrant of the Officer administering the said Government, and not otherwise; Be it enacted by the Officer administering the Government, the Council, and Assembly of the said Island of St. Vincent and its Dependencies, that from and after the due publication of this Act, all Moneys whatever directed to be paid, whether by Act, Vote, or Resolution, to any person whomsoever or on any account what soever, for the general or other specific purpose of the said Government, or in any manner out of the Moneys raised within the said Government, or paid by virtue of any Act into the Treasury of the said Island for the uses of the said Government, shall be paid by the Treasurer of the said Island and its Dependencies or his lawful Deputy by virtue of a Warrant directed to him or his lawful Deputy, an under the hand of the Officer administering the said Government for the time being, and not otherwise. No. 74. 4th February, 1818 CL. I. All Moneys to be paid by Warrant under the hand of the Officer Government, and not otherwise. administering the No. 77. An Act to facilitate the Apprehension of certain Offenders escaping to the [12th March, 1850.] CL. I. Persons guilty of certain offences commitVenezuela, and ted in the territories of escaping to the island of St. Vincent, may be apprehended, on requisition of the Venezuelan Govern ment. WHEREAS persons who have committed crimes within the territories or Preamble. CL. II. Provided always, That in every such case copies of the depositions upon Copies of depositions which the original Warrant for the apprehension of the Offender issued by taken in Venezuela, to No. 77. 12th March, 1850. the Magistrate or other authority in Venezuela was granted, certified under the hand and seal of office of the Officer of the said Republic making such be received as evidence requisition, may be received in evidence of the criminality of the person so apprehended. in this Government. CL. III. Such offenders, when apprehended, may be delivered up to Officers And be it enacted, That upon the certificate of such Justice of the Peace or Magistrate that such supposed Offender had been so committed to Gaol, it shall be lawful for the Officer administering the said Covernment, by Warrant under his hand and seal, to order the person so committed to be delivered to such person as shall be authorised by any Warrant, under the may be retaken in this hand of the Officer of the said Republic making such requisition as afore appointed by the Government of Venezuela, and escaping, Government. CL. IV. Offenders not delivered up within three months after appre hension may be discharged. CL. V. Act to take effect when similar concessions have been made by a law of Venezuela, to the satisfaction of the Officer administering the Government. said, to receive the person so committed, and to convey such person to the place where the crime or offence with which such person is charged was committed, there to be tried for such crime or offence, and such person shall be delivered up accordingly; and it shall be lawful for the person authorised as aforesaid to hold such person in custody, and take him to the place where such crime or offence was committed; and if the person so accused shall escape out of any custody to which he shall be committed or to which he shall be delivered as aforesaid, it shall be lawful to retake such person, in the same manner as any person accused of any Felony committed within the said Government may be retaken upon an escape. That where any person who shall have been committed under this Act, to remain until delivered up pursuant to requisition as aforesaid, shall not be delivered up pursuant thereto and conveyed out of the said Government within three calendar months after such committal, it shall in every such case be lawful for the Supreme Court of Judicature of the Island of St. Vincent, or any Justice thereof, upon application made to them or him by or on behalf of the person so committed, and upon proof made to them or him that reasonable notice of the intention to make such application has been given to the Attorney-General, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such Court or any Justice thereof why such discharge ought not to be ordered. That this Act shall commence and take effect when and so soon as the Officer administering the said Government shall, by Proclamation under his hand and the public seal of the said Government, declare and proclaim that the Legislature of the said Republic of Venezuela hath made sufficient provision by Law for the Apprehension of Offenders escaping to any place within the territories or dominions of the said Republic who may be charged with having committed within the said Government any of the crimes or offences herein before mentioned. 66 No. 82. An Act for the Amendment of the Law relating to Dower. [4th December, 1850.] WHEREAS an Act was passed in the Session of Parliament held in the third and fourth years of the reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment of the Law relating to Dower," and it is expedient to enact in this Colony such of the provisions of the said Act as are applicable thereto : Be it therefore enacted by His Excellency the Lieutenant-Governor, the Council, and Assembly of the Island of St. Vincent and its Dependencies, and it is hereby enacted by the authority of the same, That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: that is to say, the word "Land" shall extend to |