and the same shall be held to be and considered a common gaol, and shall be used for the confinement only of prisoners under sentence of imprisonment with hard labour, and shall be used for the confinement of such prisoners whenever the Governor shall so direct; and the provisions of "The Prisons Ordinance, 1862," and of all Rules made thereunder, with respect to ordinary prisons, shall extend and apply thereto,

6. The said Branch Gaol shall be included in and form part of To form part the establishment of the Georgetown Gaol, and shall be under the of the Georgetown Gaol government and direction of the Keeper of such last mentioned Establishment Gaol.

7. It shall be lawful for the Governor, with the advice and conGovernor and sent of the Court of Policy, from time to time by proclamation to Court of Policy may establish be published in the Official Gazette, to set apart and appoint other confinement of places of confinement within the Colony for prisoners under sentence Prisoners sen- of imprisonment with hard labour; and all such places of confinelabour. ment so set apart and appointed, and all yards, offices, grounds, and

Gaols for the

tenced to hard

premises thereunto pertaining, shall be held to be and considered common gaols, and shall be subject to the provisions of the said Ordinance, and of all rules made thereunder, with respect to ordinary Prisons.

8. Section 44 of Ordinance No. 27, of the year 1846, and Repealing Sec Ordinance No. 11, of the year 1856, shall be and the same are hereby repealed.

tion.

Commencement of Ordi nance,

9. This Ordinance shall come into operation and take effect on the publication thereof,

No. III.

No. III.

No. III.

AN ORDINANCE TO MAKE FURTHER PROVISION FOR THE [Ord. 4 anno SANITARY CARE OF SEAMEN IN THIS COLONY.

Enacted 2nd March, 1865, published the 4th following, came into operation on publication.

[FRANCIS HINCKS, Governor.]

1865.]

WHEREAS it is expedient to make further provision for the Preamble.

sanitary care of Seamen in this Colony: 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:--

Policy.

1. The Central Board of Health shal! be, and they are hereby Bye-Laws to be framed by authorised and required from time to time to make Bye-Laws for Central Board the sanitary care of the Ports of Georgetown and New-Amsterdam, of Health and and of all Seamen and other persons belonging to vessels therein, Court of or in any of the rivers or creeks of the Colony; and all such Byelaws shall be laid before the Governor and Court of Policy for approval, and if approved, the same shall be published in the Official Gazette for general information, and when so published shall be binding upon, and shall be observed by all parties whom they may concern; and such Bye-Laws may from time to time be altered or repealed by the Central Board of Health with the approval of the Governor and Court of Policy, but every such alteration or repeal must be duly published as aforesaid.

Bye-Laws.

2. Every person committing a breach of any of such Bye-Laws Penalty for inshall be liable to a penalty not exceeding forty-eight dollars and fringement of not less than ten dollars, and in case of a coutinuing offence, to a further penal y not exceeding ten dollars for each day after notice of the breach from any person authorised to prosecute under this Ordinance; and the production of a printed copy of the Official Gazette containing such Bye-Laws shall be evidence of the existence and of the due making confirmation, and publication of such ByeLaws in all prosecutions and proceedings under the same, without adducing proof of the fact of the confirmation or publication of such Bye-Laws.

may appoint

secute.

3. The Central Board of Health may appoint such persons as Central Board they may from time to time select, to prosecute for breaches of persons to pro- such Bye-Laws or of any orders and directions made or to be made by them under the authority of Ordinance No. 5 of the year 1852; and in every such prosecution the production, by the person sueing, of a deputation in writing purporting to be signed by the Chairman of the Board shall without further proof be sufficient evidence of the authority of such person to prosecute.

In default of

payment of penalty, defendant may be imprisoned.

4. In every case in which any defendant shall be convicted and ordered to pay a penalty for breach of any of such Bye-Laws, or for breach of any orders and directions made or to be made by the Central Board of Health under the authority of Ordinance No. 5, of the year 1852, if such penalty be not forthwith paid, the Justice before whom he shall have been convicted shall order and adjudge that such defendant be at once committed to gaol with or without hard labour, for any term not exceeding three months unless the said penalty and costs shall be sooner paid.

5. All prosecutions as aforesaid shall be institu ed before a Form of Pro- Stipendiary or Special Justice of the Peace, or before a Superincedure and ap. propriation of tendent of Rivers, Creeks, Crown Lands and Forests, and shall be penalties. conducted in a summary manner according to the form of procedure, and shall be subject to the Review provided by Ordinance No. 19, of the year 1856; and all penalties recovered in such prosecutions shall be appropriated and paid as follows: that is to say, -one-half to the party prosecuting, and the other half to Her Majesty, for the use of the Colony and in support of the Government thereof, anything in Ordinance No. 5, of the year 1852, to the contrary notwithstanding.*

6. No summary conviction under this Ordinance shall be quashed Conviction or for want of form, and no warrant of commitment shall be held Warrant not to be quashed void by reason of any defect therein, provided it be therein alleged that the party has been convicted and has failed to pay the penalty imposed, and provided there be a good and valid conviction to sustain the same.

for want of form.

* See Ordinance No. 5 of 1872, which provides for the distribution of the proceeds of all fines, penalties, and forfeitures.

No. III.-IV.

[Ord. 4 anno 1865.]

time within

men are to be

sent to hospital.

7. It shall be lawful for the Central Board of Health, by the Central Board Bye-Laws to be made and published by them under the authority of may fix the this Ordinance, to fix aud appoint the time within which Sea- which sick seamen on board of vessels in any of the ports, rivers, or creeks of this Colony, shall be sent to hospital after being taken ill; and during the continuance in force of any such Bye-Law the provisions in that behalf contained in Ordinance No. 19, of the year 1850, shall be and remain suspended.

8. This Ordinance shall come into operation and take effect Commenceon the publication thereof.

ment of Ordinance.

No. IV.

AN ORDINANCE TO AMEND THE LAW RELATING TO PENAL [Ord. 7 anno

SERVITUDE.

Enacted 25th May, 1865, published the 27th following,

came into operation on publication.

[FRANCIS HINCKS, Governor.]

1865.]

WHEREAS it is expedient to Amend the Law relating to Penal Preamble.

Servitude: 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:

SENTENCES OF PENAL SERVITUDE.

Sentences of

1. No person shall be sentenced to Penal Servitude iu respect Length of to any offence committed after the passing of this Ordinance for a Penal Servi period of less than Five Years, and where under any Ordinance tude. now in force a period of less than Five Years is the utmost Sentence of Penal Servitude that can be awarded, a period of Five Years shall, in respect to any offence committed after the taking effect of this Ordinance, in such Ordinance be substituted for the less

period;

period; and where under any Ordinance now in force a period of either less or more than Five Years may be awarded as a Sentence of Penal Servitude, the least Sentence of Penal Servitude that can be awarded under that Ordinance shall, in respect to any Offence committed after the taking effect of this Ordinance, be a period of Five Years; and where any person shall on Indictment be convicted of any Offence punishable with Penal Servitude, after having been previously convicted of Felony, the least Sentence of Penal Servitude that can be awarded in such case shall be a period of Seven Years.

.

Tickets of

Leave.

15

TICKETS OF LEAVE.

2. A Ticket of Leave granted to any Convict sentenced to Penal Forfeiture of Servitude may be in the form set forth in Schedule (A) to this Ordinance annexed, and may be written, printed, or lithographed. If any holder of a Ticket-of-Leave granted in the form set forth in the said Schedule (A) is convicted, either by the verdict of a Jury, or upon his own confession, or by the finding of an Inferior Court of Criminal Justice, of any Offence for which he is indicted or charged, his Ticket-of-Leave shall be forthwith forfeited by virtue of such conviction; or if any holder of a Ticket-of-Leave granted under this Ordinance, or "The Prisons' Ordinance, 1862," who shall be at large in the Colony shall, unless prevented by illness or other unavoidable cause, fail to report himself personally, to the nearest Police Station of the Judicial district to which he may go within three days after his arrival therein, and being a male subsequently once in each month, at such time and place, and in such manner, as the Officer in charge of such Station shall appoint, or shall change his residence from one Judicial district to another without having previously notified the same to the Police Station to which he last reported himself, he shall be deemed guilty of a Misdemeanor, and may be summarily convicted thereof, and his Licence shall be forthwith forfeited by virtue of such Conviction, but he shall not be liable to any other punishment by virtue of such Conviction.

3. If any holder of a ticket-of-leave granted in the form set forth in the said Schedule (A),

(1.) Faila