No. XLIII. Criminal Justice of British Guiana is wont and accustomed to have and to hold any Criminal Sessions in any part of British Guiana ; and that on the trial of any person or persons upon any indictment or information at any such Sessions, such trial shall and may be had, heard, and determined by and before any one or more of such Judges and a Jury of twelve men, in the same mode and manner in which any trial may now be had, heard, and determined at any Sessions of either of the said Supreme Courts of Criminal Justice. [Ord. 17 anno 1851.] preme Court of Justice of attend Ses. 3. And be it enacted, that the Clerk of the Supreme Court of Clerk of Su Criminal Justice of Demerary and Essequebo, and the Provost Criminal Marshal of British Guiana, each by himself or his deputy, shall Demerary and attend each of such Sessions in each of said Counties, and then and Essequebo to there discharge all duties similar to those which each is now bound sions. to discharge in his office aforesaid, and that the execution of the sentences of said Sessions in each of said Counties, shall be carried into effect by such officer as His Excellency shall be pleased to appoint. Jurors. 4. And be it enacted, that the qualification for a Juror, and the Qualification of causes of exemption from liability to serve as a Juror shall be the same in every respect as set forth and contained in Ordinance No. 26, of the year 1846, intituled "An Ordinance to introduce into "the Colony of British Guiana Trial by Jury in Criminal Cases." Counties of 5. And be it enacted, that the Provost-Marshal, within five days Marshal to after the close of the Sessions of the Supreme Court of Criminal Lists of Jurors make separate Justice of Demerara and Essequebo, appointed to be held on the for the Fourth Tuesday in the month of January, in the year of our Lord Demerary and Essequebo 1852, shall prepare and make out from the list of Jurors for the respectively. Counties of Demerary and Essequebo, a list of Jurors for the County of Demerary, to consist of such of the inhabitants of Demerary, whose names shall be found on the list of Jurors for Demerary and Essequebo; and a list of Jurors for the County of Essequebo, to consist of such of the inhabitants of Essequebo, whose names shall be found on such list of Jurors for the Counties of Demerary and Essequebo, and that such separate lists shall be thereafter the lists of Jurors for the Counties of Demerary and Essequebo, respectively, subject to be altered and corrected as hereinafter mentioned, and the Provost-Marshal shall cause true and correct copies of such separate [Ord. 17 anno 1851.] No. XLIII. separate lists, certified under his hand, to be furnished to the Registrar of Demerary and Essequebo, and that thereupon the present list of Jurors for the Counties of Demerary and Essequebo shall be null and void. Lists to be Judge. [Section 6 repealed by Ordinance 17 of 1852.] 7. And be it enacted, that one of the Judges of the Supreme Courts of Criminal Justice shall sit in the Court-Hall of the Public corrected by a Buildings, in the City of Georgetown, on one or more days between the 1st day of October and the 1st day of December, 1852, and of each future year in which such separate lists shall be made out, such day or days to be appointed by the Chief Justice, of which day or days notice shall be given by the Registrar of Demerary and Essequebo, in the Official Gazette of the Colony, and in one or more newspapers of the Colony, at the time of the publication of such lists; and such lists shall be produced, considered, reformed, and allowed in manner and form directed by Ordinance No. 26, of the year 1846. Jurors' Books. 8. And be it enacted, that the Registrar of Demerara and EsseRegistrar to quebo shall keep such separate lists, and all corrected lists of the keep separate Jurors in criminal cases for said County of Demerary, and shall cause the same to be fairly and truly copied in a Book to be entitled "The Demerary Jurors' Book in Criminal Cases ;" and that the said Registrar shall keep such separate lists and all the corrected lists of the Jurors in criminal cases for the County of Essequebo, and shall cause the same to be fairly and truly copied in a Book to be entitled "The Essequebo Jurors' Book in Criminal Cases," and a copy of every such Juror's Book shall be lodged with the ProvostMarshal, who, between the first day of December and the first day of January of each and every year, shall regulate the said books respectively by striking out the names of Jurors above the age of sixty years who may claim exemption, or who may have died or departed from the Counties of Demerary and Essequebo, respectively, and inserting the names of all male persons in Demerary and Essequebo, respectively, who shall become qualified for Jurors as aforesaid. No. XLIII. [Ord. 17 anno 1851.] Jurors to be 9. And be it enacted, that the number of Jurors to be summoned Number of at each Sessions of the said Supreme Court in Demerary and Esse- summoned. quebo, respectively, and the rotation, times, mode, and manner of summoning said Jurors, shall be the same as those provided for the Counties of Demerary and Essequebo jointly, by Ordinance No. 26, of the year 1846. [Section 10, and Form of Indictment thereunder, repealed by Ordinance 1 of 1853.] may be entered cases, and sub. II. And be it enacted, that whenever any indictment for any Nolle prosequi crime or offence committed in the County of Demerary or in the in certain County of Essequebo, before the taking effect of this Ordinance, sequent proshall have been or shall be filed before the Sessions of the Supreme ceedings had. Court of Criminal Justice for the Counties of Demerary and Essequebo jointly, it shall be lawful for the Attorney-General to enter a nolle prosequi upon such indictment, and thereafter to prosecute for the same crime or offence in the County in which such crime and offence shall have been committed. imprisonment. 12. And be it enacted, that whenever the punishment of impri- Places of sonment with or without hard labour shall be awarded by any Judge presiding at any Sessions of the County of Demerary or the County of Essequebo to any person convicted of any crime or offence, such person shall be imprisoned in any of the Jails of said Counties, re. spectively, and shall be dealt with as all persons convicted and sentenced to imprisonment in any Jail in British Guiana. 13. And be it enacted, that save and except as herein varied and Previous Ordinances altered by the provisions of this Ordinance, Ordinances Nos. 26 and preserved. 27, of the year 1846, and Nos. 2, 3, and 24, of the year 1847, shall remain and be unaltered and unvaried, and of the same force and effect as if this Ordinance had not been passed; and that all processes and proceedings of and concerning all trials at any Sessions of a Supreme Court of Criminal Justice in British Guiana, not herein provided for, shall be ordered and governed by and shall be in accordance with, the rules and regulations set forth and contained in said Ordinances. No. XLIV. No. XLIV. No. XLIV. [Ord.18anno AN ORDINANCE TO PROVIDE A MORE ECONOMICAL AND 1851.] EFFICIENT ADMINISTRATION OF CRIMINAL JUSTICE THROUGHOUT THE COLONY OF BRITISH GUIANA, Preamble. Enacted 14th August, 1851, published the 17th December WHEREAS by Resolution of His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy, combined with the Financial Representatives of the inhabitants of said Colony, bearing date the 11th day of April, 1850, it was declared "that the offices of Sheriff throughout the Colony should be "altered so as to meet the requirements of the Colouy, by providing "that one of the Puisne Judges shall preside in each of the Inferior "Criminal Courts, and also that such alterations be introduced into "the procedure of the Supreme Courts of Criminal and Civil Justice as will dispense with the presence of the two Puisne Judges, unless "when required to be associated with the Chief Justice to hear and "determine such matters as will be peculiarly belonging to such a "tribunal, all subject to such details as may be defined by legislative "enactment:" And whereas the Right Honorable Earl GREY, Her Majesty's Principal Secretary of State for Her Majesty's Colonies, in a Despatch, No. 207, dated Downing Street, 29th June, 1850, has stated, in reference to said Resolution, that Her Majesty's Government will be ready to give their assistance to the fullest extent towards carrying into execution the Measures which may be ultimately presented for completing the work thus begun: And whereas it is highly expedient to carry out, and into complete effect, the objects of the aforesaid Resolution, subject to such details as may be deemed necessary : I. Be it therefore enacted by His Excellency the Governor of Offices of High British Guiana, with the advice and consent of the Court of Policy Sheriff and thereof, that upon the taking effect of this Ordinance, the office of Sheriff of Essequebo abolished, High [Ord.18 anne 1851.] No. XLIV. High Sheriff of British Guiana, and the office of Sheriff of Essequebo, shall be, and the same are hereby declared to be abolished. [The remaining portion of this Section is repealed by Ordinance 9 of 1854, Section 1.] of Berbice, 2. And be it enacted, that whenever CHARLES RABBITT WHINFIELD, Office of Sheriff Esquire, the present Sheriff of the County of Berbice, shall cease upon becoming to hold such office, the same shall be abolished, * * [From the word "and" to the word "mentioned" repealed by Ordinance 9 of 1854, Section 1.] and that whenever the words "Sheriff of Berbice" shall occur in any Ordinance passed or to be passed, the same, upon the abolition of the office of Sheriff of Berbice, shall be considered to mean and to apply to any such Magistrate or Justice of the Peace appointed as aforesaid, or to any Justice of the Peace in manner and form hereafter declared and directed by section 20 of this Ordinance. [Section 3 expired.] vacant, to be abolished. Sheriffs, upon their offices, to 4. And be it enacted, that upon the taking effect of this Ordi- Salaries of nance, the salaries secured hitherto to the High-Sheriff of British abolition of Guiana and Sheriff of Essequebo by Ordinance No. 2, of the year enure to the 1841, and extended by Ordinance No. 14, of the year 1844, and the benefit of the Colony. salary secured to the Sheriff of Berbice by said Ordinances, when the present Sheriff shall cease to hold such office, shall enure to the benefit of the Colony, and that such persons as shall be thereafter appointed to discharge the duties as herein before described, shall not be entitled to receive in addition to the salary and emoluments of any office he may hold, any other remuneration or salary than may be annually voted by the Governor and Court of Policy, combined with the Financial Representatives of the Inhabitants of this Colony. |