WHEREAS Her Majesty did, by certain Letters Patent under

the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the 9th day of January, 1849, in the 12th year of Her Reign, constitute and appoint HENRY BARKLY, Esquire, to be Governor and Commander-in-Chief in and over the Colony of British Guiana: And whereas Her Majesty did by the said Letters Patent give and grant unto the said HENRY BARKLY, full power and authority, with the advice and consent of the Court of Policy of the said Colony of British Guiana, to make, enact, ordain, and establish Laws for the order, peace, and good government of the said Colony, subject, nevertheless, to all such rules and regulation as by certain Instructions, under Her Majesty's Royal Signet and Sign Manual, bearing date the 9th day of January, 1849, and in the 12th year of Her Reign, Her Majesty had thought fit to prescribe in that behalf: And whereas, by a proviso in the said Letters Patent contained, Her Majesty did, nevertheless, reserve to Her Majesty, Her Heirs, and Successors, Her and their undoubted right and authority to disallow any such Laws, and to make, enact, and establish, from time to time, with the advice and consent of Parliament, or with the advice of Her and their Privy Council, all such Laws as might to Her or them appear necessary for the order,

peace,

No. LII.

peace, and good government of the said Colony: And whereas in the said Instructions under Her Majesty's signet and sign manual Her Majesty signified Her will and pleasure that the said HENRY BARKLY should not propose nor assent to any Ordinance whatever respecting the constitution, proceedings, numbers, or mode of appointing or selecting any of the Members of the said Court of Policy, or of any other body politic or corporate within the said Colony, or otherwise, in relation to any of the matters mentioned in the said Commission and Instructions, which should be in any wise repugnant to, or inconsistent with, such Commission and Instructions, or repugnant to or inconsistent with any Order made or to be made by Her Majesty in Her Privy Council, extending to or in force within the said Colony, but that any such Ordinances or pretended Ordinances should be absolutely null and void to all intents and purposes: And whereas it is expedient that the restrictions thus imposed by the said Instructions, under Her Majesty's signet and sign manual, upon the legislative powers and authorities of the said HENRY BARKLY and the said Court of Policy, should be removed, and that the said recited provisions of the said Instructions should be revoked: Now, therefore, Her Majesty doth, by and with the advice and consent of Her Privy Council, hereby revoke the said provisions accordingly, so far as the same are inconsistent with this present Order; and Her Majesty doth hereby grant to the said HENRY BARKLY, and the said Court of Policy, power and authority to enact an Ordinance or Ordinances respecting the constitution, proceedings, numbers, and mode of appointing or selecting any of the Members of the said Court of Policy, or of any other Body, politic or corporate, within the said Colony, any provisions contained in the recited Instructions, or in any order heretofore made by Her Majesty, with the advice and consent of Her Privy Council, notwithstanding: Provided always, that every Ordinance so enacted by the said HENRY BARKLY and the said Court of Policy, shall, for any of the purposes aforesaid, contain a clause suspending the operation thereof until Her Majesty's pleasure thereon shall be signified through one of Her Principal Secretaries of State.

And the Right Honorable EARL GREY, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

WM. L. BATHURST.

[Order-inCouncil, Pub. 1853.]

No. LIII.

No. LIII.

No. LIII.

[Ord. 1 anno AN ORDINANCE FOR FURTHER IMPROVING THE ADMINIS 1853.] TRATION OF CRIMINAL JUSTICE IN BRITISH GUIANA.

Preamble.

14 & 15 Vic. c. 100.

ces not material

defendant can

defence, and

Enacted 12th January, 1853, published the same day, came into operation on publication.

[HENRY BARKLY, Governor.] WHEREAS offenders frequently escape conviction on their trials

by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case: And whereas such technical strictness may safely be relaxed in many instances, so as to insure the punishment of the guilty, without depriving the accused of any just means of defence: And whereas a failure of justice often takes place on the trial of persons charged with felony and misdemeanour by reason of variances between the statement in the indictment on which the trial is had and the proof of names, dates, matters, and circumstances therein mentioned, not material to the merits of the case and by the misstatement whereof the person on trial cannot have been prejudiced in his defence: 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:

SEC. . From and after the coming of this Ordinance into The Court may operation, whenever on the trial of any indictment for any felony amend varian- or misdemeanour there shall appear to be any variance between the to the merits statement in such indictment and the evidence offered in proof of the case, and by which the thereof, in the name of any county, division, city, borough, town not be preju. corporate, parish, township, or place mentioned or described in any diced in his such indictment, or in the name or description of any person or may either pro- persons, or body politic or corporate, therein stated or alleged to be postpone the the owner or owners of any property, real or personal, which shall trial to be had form the subject of any offence charged therein, or in the name or or another description of any person or persons, body politic or corporate, Jury. therein stated or alleged to be injured or damaged, or intended to be injured or damaged, by the commission of such offence, or in the Christian name or surname, or both Christian name and surname, or in any name or names, or other description whatsoever, of any per

ceed with or

before the same

Sec. 1.

son or persons whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, or whenever in any indictment there shall appear a variance between the words used in such indictment, and the words used in an Ordinance to define a crime or public offence, it shall and may be lawful for the Court before which the trial shall be had, if it shall consider any of such variances not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according to the proof, by some officer of the Court or other person, both in that part of the indictment where any such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms, as to postponing the trial to be had before the same or another jury, as such Court shall think reasonable; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred; and in all cases the order for the amendment shall either be indorsed on the indictment or shall be filed, together with the indictment, among the records of the Court; provided that in all such cases where the trial shall be so postponed as aforesaid, it shall be lawful for such Court to respite the recognizances of the prosecutor and witnesses and of the defendant, and his surety or sureties, if any, accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the defendant shall be bound to attend to be tried, at the time and place to which such trial shall be postponed, without entering into any fresh recognizances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute or give evidence at the time and place to which such trial shall have been so postponed: Provided also, that where any such trial shall be to be had before another jury the Crown and the defendant shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was sworn.

2. Every verdict and judgment which shall be given after the Verdict and judgment valid, making of any amendment under the provisions of this Ordinance after amend

shall ment. Sec. 2.

shall be of the same force and effect in all respects as if the indictment had originally been in the same form in which it was after such amendment was made.

3. If it shall become necessary at any time for any purpose Records to be whatsoever to draw up a formal record or give off copies in any case amended form. where any amendment shall have been made uuder the provisions

drawn up in

Sec. 3.

dictment in

of this Ordinance, such record shall be drawn up or copies made in the form in which the indictment was after such amendment was made, without noticing the amendment.

[Section 4 repealed by Ordinance 26 of 1862.]

5. In any indictment for forging, uttering, stealing, embezzling, Forms of in destroying, or concealing, or for obtaining by false pretences, any cases of forging instrument, it shall be sufficient to describe such instrument by any &c., or steal name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac simile thereof, or otherwise describing the same or the value thereof.

Sec. 7.

[Section 6 repealed by Ordinance 26 of 1862.]

7. In all other cases wherever it shall be necessary to make any In other cases. averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac simile of the whole or any part thereof.

A party in. dicted for

demeanour

[Section 8 repealed by Ordinance 26 of 1862.]

9. And whereas offenders often escape conviction by reason that felony or mis. such persons ought to have been charged with attempting to commit may be found offences, and not with the actual commission thereof; for remedy guilty of an thereof be it enacted, that if on the trial of any person charged with attempt to any felony or misdemeanour it shall appear to the jury upon the same; no per- evidence that the defendant did not complete the offence charged,

commit the

Bon so tried to

be afterwards prosecuted for the same offence. Bec. 9.

but

So much of this Section as relates to forging or uttering any Instrument is repealed by Ordinance 26 of 1862.