No. L. No. L. AN ORDINANCE FOR INCORPORATING “THE BERBICE READ. [Ord.16 anno ING SOCIETY.” Enacted 30th September, 1852, published the 2nd October.* [HENRY BARKLY, Governor.] 1852.] WHEREAS several of the Inhabitants of the County of Berbice Preamble. did several years ago form themselves into a voluntary Association for providing, by private subscription, Books, Maps, Pamphlets, and periodical Publications for their information and amusement, under the name of the "Berbice Reading Society:" And whereas the number of Subscribers has been from time to time enlarged and is now become considerable, and the Library is become extensive and valuable, and the Institution has proved generally beneficial: And whereas the Members have elected a Committee of Management, and have established many useful Rules and Regulations for the nomination, election, and admission, and for the suspension and expulsion of Members; for the collection, management, and disposal of the subscriptions and funds, and generally for regulating and conducting the business of the Society, with certain fines, penalties, and forfeitures for breach, non-performance, and non-observance thereof: And whereas in a petition presented to this Court on the 18th of February, 1851, the Members of the Committee of the said Society have prayed for an act of Incorporation, and it is very desirable that the said Society should be incorporated for the purpose of giving permanency to so useful an Institution, and enabling the Society more satisfactorily to hold, deal with, and manage their property and concerns Title of the 1. Be it, therefore, enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy Corporation with power to thereof, that the present and all future Members of the said Society sue and be be, and they are hereby ordained, constituted, and declared to be, sued, and have from time to time, and for ever after the passing of this Ordinance, &c., with au thority to hold one body corporate and politic, in name and in fact, by the name of property. "THE BERBICE READING SOCIETY," and that by this name they and their There is nothing in this Ordinance to shew when it came into operation. It was con. firmed by Proclamation bearing date the 29th December, 1852. U 2 a common seal, established, confirmed and rules and Society. their successors for ever shall and may have perpetual succession, and shall be capable of suing and being sued, impleading and being impleaded, answering and being answered unto, and defending in all Courts and places whatsoever, and before all Magistrates and Justices, in all manner of actions, suits, complaints, matters and causes, of what nature or kind soever, and service of process upon any one of the Members of the Committee of the said Society shall be good and sufficient service; and that they and their successors, may have a common seal, and may change and alter the same at pleasure, and that they and their successors, by the name of the Berbice Reading Society, shall be in law capable of taking, having, and holding for the benefit of the Society for ever, all such property, moveable and immoveable, as they already possess, or may agree to purchase; and also all such further property, moveable and immoveable, as may at any time hereafter be acquired by or come to them by purchase, gift, grant, or by way of legacy. 2. And be it enacted, that the rules, orders, bye-laws, and regu. All rules or lations already established as aforesaid for and concerning the orders, byelaws and regu. nomination, election, suspension, and expulsion of Members, and for lations already the matters and things aforesaid, and the fines, forfeitures, and the same to be penalties aforesaid, as far as such rules, orders, bye-laws, and regudeclared to be lations, fines, forfeitures, and penalties, or any of them, are not in orders of the anywise contrary or repugnant to Her Majesty's Royal Prerogative, or the Laws of England or of this Colony, and so far as the same, or any of them, do not in any manner charge nor affect any other person or persons than a member or members of the said Society, shall be, and the same are hereby established, confirmed, and declared to be the rules, orders, bye-laws, and regulations of the said Society, and the fines, forfeitures, and penalties for breach, non-observance, and non-performance thereof: Provided always, that it shall be lawful for not less than two-thirds of the members of the said Society or Corporation, present at any General Meeting to be called by the Committee, of which meeting fourteen days previous notice shall be given, by writing, put up in the Reading-Room of the Society, from time to time hereafter, to change, repeal, vary, and alter the said rules, orders, bye-laws, and regulations, fines, penalties, and forfeitures, or any of them, as shall or may seem proper: Provided further, that such alterations shall not be repugnant or contrary to Her Majesty's Royal Prerogative, or the Laws of England [Ord: 16 anno 1852.1 No. L.-LI. England or of this Colony, and shall not charge nor affect any person or persons other than a Member or Members of the said Society. 3. And be it enacted, that the fundamental principle of the con- Discussion of Political Ques. stitution of this Society, as declared by their Committee in their tions excluded altogether. petition to this Court on the 18th February, 1851, mainly in consideration of which this present Charter of Incorporation is now granted, shall continue to be, and shall be declared to consist in, the total exclusion at the Society's meetings and in its proceedings, of all questions and discussions of a political nature or tendency, and that no resolution, rule, order, or bye-law of the said Society shall at any time hereafter, on any account or on any pretence whatever, contravene or infringe upon the said principle. No. LI. AN ORDINANCE TO REDUCE THE NUMBER OF JURORS RE- [Ord.17 anno Enacted 7th October, 1852, published the 9th following, [HENRY BARKLY, Governor.] WHEREAS it has been found unnecessary and very expensive Preamble. to summon for the trial of offenders at each of the Sessions of the Supreme Courts of Criminal Justice held in the several Counties of the Colony, so large a number of Jurors as forty-eight: And whereas it is expedient to reduce the number of Jurors to be summoned at each of said Sessions: And whereas by reason of leaving to Jurors, Witnesses, and Interpreters to prove, by oath or otherwise, the expenses necessarily and bona fide incurred for travelling in attending such Sessions and returning to their homes, great diversity of charges by the respective Jurors, Witnesses, and Interpreters has arisen, whereby the Colony has suffered great and unnecessary losses; for remedy whereof: 1. Be it enacted by His Excellency the Governor of British Number of jurymen to be Guiana, with the advice and consent of the Court of Policy thereof, summoned U 3 that fixed at thirty [Ord. 17 anno 1852.] nance 14, 1849, No. LI. that the number of Jurors to be summoned from and after the publication of this Ordinance, at each Sessions of a Supreme Court of Criminal Justice held in the Counties of Demerary, Berbice, and Essequebo, respectively, shall be Thirty and no more, and that the rotation, times, mode, and manner of summoning said Jurors shall be the same as are provided by Ordinance No. 26, of the year 1846, intituled "An Ordinance to introduce into the Colony of British "Guiana Trial by Jury in Criminal Cases," and Ordinance No. 17, of the year 1851, intituled "An Ordinance to Establish Sessions of "the Supreme Court of Criminal Justice of Demerary and Essequebo in the County of Essequebo." 2. And be it enacted, that section 5, of Ordinance No. 14, of the Seo. 5, Ordi. year 1849, intituled "An Ordinance to Repeal Ordinances No. 5, repealed. In of the year 1843, No. 10, of the year 1844, and No. 5, of the year terpreters to be 1848; and to Provide for the Remuneration of Jurors, Witnesses, allowed, not exceeding four and Interpreters, for their attendance at the Sessions of the Supreme dollars per diem. nance 14, 1849, Court of Criminal Justice of British Guiana, and for other purposes ;" shall be and the same is hereby repealed, and that every Interpreter shall be allowed such remuneration as may be considered fair and reasonable by the Clerk of Court in Demerary and Essequebo, or by the Registrar in Berbice, as the case may be, not exceeding the sum of Four Dollars per diem. 3. And be it enacted, that section 6, of the said Ordinance No. Sec. 6, Ordi. 14, of the year 1849, shall also be and the same is hereby repealed; also repealed.' and that the remuneration to Jurors for travelling expenses shall be New tariff of remuneration as follows, that is to say :— to Jurors fixed. : 1. From any part of the County of Demerary not situated above Plan- 2. From any part of the County of Demerary situated beyond the 3. From any part of the County of Berbice not situated above Planta- 4. From any part of the County of Berbice situated beyond the above 5. From any part of the West Sea Coast of the County of Essequebo 6. From any other part of the County of Essequebo $20 40 20 4 0 20 40 Provided Provided always, that should the sessions not be concluded in one Proviso. miles distance serve as Juror. 4. And be it enacted, that no person residing more than fifty Limit of 50 miles from the place where any sessions of a Supreme Court of Cri- for liability to minal Justice shall be held, shall be summoned or be compellable to attend as a juror, and that if in making out the List of Jurors for any sessions as aforesaid, the name of any such person shall occur on the list in any juror's book for criminal cases, the same may be omitted by the Marshal. Witnesses for 5. And be it enacted, that no person summoned to attend as a Allowance to witness shall be entitled to any further or other remuneration than travelling exthat provided by Ordinance No. 14, of the year 1849, unless it penses. shall be made to appear to the satisfaction of the Clerk of Court in Demerary and Essequebo, or of the Registrar in Berbice, as the case may be, that such witness has incurred, or will incur, expenses for travelling to and from the Court, when and in every such case such witnesses, respectively, shall be allowed their expenses, not, however, in any case to exceed the rates hereby allowed to jurors. nance 17, 1851 Lists of Jurors. 6. And be it enacted, that section 6, of the said Ordinance No. Sec. 6, Ordi17, of the year 1851, shall be, and the same is hereby repealed, and repealed. that the Clerk of the Supreme Court of Criminal Justice aforesaid, and the Registrar of the County of Berbice, respectively, shall, Publication of within seven days next after the separate lists of Jurors, therein specified, for the Counties of Demerary and Essequebo, and for the County of Berbice, respectively, shall have been delivered to him, as provided by the said Ordinance, cause the same to be published in the Official Gazette and in one or more newspapers in the Colony, and the Provost-Marshal shall keep at his office in Georgetown, and in New-Amsterdam, and at the Court-IIouse in Essequebo, respectively, true copies thereof, to be perused by any person without fee or reward, at any reasonable time during the year for which such separate lists shall have been made up, to the end that notice may be given of men qualified who are omitted, and of men inserted who ought to be omitted from such lists. No. LII. |