for the Judge or Judges of any Court having jurisdiction to try and determine such seizures, with the consent of the Comptroller, to order the delivery thereof on security by bond, with two sufficient sureties, to be first approved by such Comptroller, to answer double the value of such goods or ship in case of condemnation; and such bond shall be taken to the use of her Majesty in the name of the Comptroller, and such bond shall be delivered and kept in the custody of the Receiver-General, and in case the goods or the ship shall be condemned, the value thereof shall be paid into the hands of such Receiver-General, who shall thereupon cancel such bond. [Section 73 repealed by Ordinance 15 of 1868.] on party claim. 74. If any goods or vessels, carriages, horses, or other cattle, Onus probandi shall be detained or seized for non-payment of duties, or any other ing. cause of forfeiture, and any dispute shall arise whether the duties have been paid for the same, or the same have been lawfully imported, or lawfully unladen, the proof of the illegality of such detention or seizure shall lie on the owner or claimant, and the proof of the legality of such detention or seizure shall not lie on the officer or person who shall detain or seize the same. seized must be 75. No claim to any matter or thing seized under any Ordi- Claim to goods nance or Law, relating to duties on goods, and proceeded against within 1 month. in any of Her Majesty's Courts for adjudication, shall be admitted, unless such claim be entered within one calendar month after the date of the seizure, in the name of the owner, with the addition of his residence and occupation; nor unless oath to the property in such matter or thing be made by the owner, or by his attorney or agent by whom such claim shall be entered, to the best of his knowledge and belief. 76. No person shall be admitted to enter a claim to anything Security to be seized in pursuance of any Ordinance or Law relating to duties given for costs. on goods, and proceeded against in any Court as aforesaid, nor to enter any defence to any action or suit instituted for the condemnation of any matter or thing seized, or for any penalty incurred, in pursuance of any such Ordinance or Law as aforesaid, until sufficient security shall have been given in the Court where such seizure [Ord. 16 anne 1854.] Customs Offi. nance 31, of 1850. No. LXI. seizure is prosecuted, in a penalty not exceeding Three Hundred Dollars, to answer and pay the costs occasioned by such claim: and in default of giving such security such matters or things shall be adjudged to be forfeited, and shall be condemned. 77. Every claim and demand filed, or suit or action instituted or Actions against brought against any officer of Colonial Customs, or other person cers to be gov. authorised to detain or make seizures under any Ordinance or Law erned by Ordi- relating to duties on goods for anything done in the exercise of his office, shall be subject to and governed by the rules, regulations, and provisions set forth and contained in Ordinance No. 31, of the year 1850; and every such officer and person in his defence to every such claim and demand, and in every such suit and action, shall be entitled to the protection afforded by the provisions of said Ordinance. 78. All penalties and the proceeds of all forfeitures recovered Distribution of under any Ordinance or Law relating to duties on goods, shall be penalties and seizures. paid into the hands of the Receiver-General, and shall be divided, Actions for paid, and applied as follows-that is to say, (after deducting costs, charges, and expenses), one-third part shall be retained by the Receiver-General for the use of the Colony, one-third part shall be paid to the Governor of the said Colony, and the other third part to the person who shall detain or seize the same. 79. All actions or suits for the recovery of any of the penalties or forfeitures imposed by any Ordinance or Law relating to duties penalties, &c., to be brought on goods, may be commenced or prosecuted at any time within two years after the offence committed by reason whereof such penalty or forfeiture shall be incurred, any law, usage, or custom to the contrary notwithstanding. within two years. 80. Whenever any penalty or forfeiture shall be incurred by the Penalty on master or person in command of any vessel in respect of the illegal masters of vessels in case of importation or unlading of any goods, or in respect of any other of fine or for. matter or thing done or omitted to be done contrary to any of the provisions of this Ordinance, in the event of such master or other non-payment feiture.. person person in command of such vessel not paying such penalty or forfeiture, it shall be lawful for the Court to adjudge that such master or person shall, for such offence, if it be the first, be imprisoned in any jail in the Colony for not less than six nor more than nine months; or if it shall appear that such master or person has been before convicted of any offence against this or any other Ordinance or Law relating to the Colonial Customs, it shall be lawful for such Court to adjudge, in lieu of such penalty or forfeiture, that such master or person shall be imprisoned in any jail as aforesaid, there to be kept to hard labour for any period not less than six nor more than twelve months. things seized 81. In case any goods, ships, vessels, or boats, shall be detained Governor and Court of Policy or seized as forfeited under and by virtue of any Ordinance or Law may order relating to duties on goods, the Governor and Court of Policy may to be restored. order the same to be restored in such manner, and on such terms and conditions as they shall think fit; and if the proprietor of the same shall accept the terms and conditions prescribed by the Governor and Court of Policy, he shall not have or maintain any action for recompense or damage on account of such detention or seizure; and the person detaining or making such seizure shall not proceed in any manner for condemnation. 82. If any person shall become liable to any penalty or for- Governor and Court of Policy feiture under any Ordinance or Law relating to duties on goods, may remit fine the Governor and Court of Policy may remit or mitigate such or forfeiture. penalty or forfeiture, and every penalty or forfeiture so remitted shall be null and void, and no suit or action shall be brought or maintained by any person whomsoever, for or on account thereof. clause. 83. Whenever the several terms and expressions following occur Construction in this Ordinance, the same shall be construed respectively in the manner hereinafter directed: that is to say the word "goods" shall mean goods, wares, and merchandize of every kind and description; the term "ship" shall be construed to mean ship or vessel generally, unless such term shall be used to distinguish a ship from sloops, brigantines, and other classes of vessels; the term "vessel" shall also [ord.16anno 1854.] Ordinance when to take effect, and short title. No. LXI. also mean a ship, barque, brig, brigantine, as well as every vessel of a smaller class; the word "importer" shall include and mean any person owning goods stored in any warehouse, or paying the duties upon goods entered for consumption; the term "master" of any ship, shall be construed to mean the person having, or taking charge or command of such ship; the term "owners" and the term "owner" of any ship or of any goods shall be construed alike to mean one owner, if there be only one, and any or all the owners, if there be more than one; the term "Her Majesty" shall be construed to mean Her Majesty, her heirs, and successors; the term "Comptroller" shall be construed to mean the "Comptroller" or "Sub-Comptroller of Colonial Customs," and any person authorised by such Comptroller or Sub-Comptroller to act for him, in any special matter, or on any particular occasion; the words "Officer of Colonial Customs" shall be construed to mean any person authorised to act in the enforcement of the provisions of this Ordinance as an officer of Colonial Customs; the words "Receiver-General" shall be construed to mean also the Assistant Receiver-General; when mention is made of any public officer, the officer mentioned shall be deemed to be such officer for the time being; the term "warehouse" shall be construed to mean any place, whether house, shed, yard, timber yard, timber pond, or other place licensed for the storage of goods entered to be warehoused upon importation; the word "month" shall be taken to mean a calendar month; the word "day" shall be taken to mean twenty-four hours, to be reckoned de momento in momentum ; every word importing the singular number only, shall extend and be applied to several persons, matters, or things, as well as to one person, matter, or thing; every word importing the plural number, shall extend and be applied to one person, matter, or thing, as well as to several persons, matters, or things; every word importing the masculine gender only, shall extend and be applied to a female as well as to a male, unless, in any of the cases aforesaid, it be otherwise specially provided, or there be something in the subject or context repugnant to such constructions. 84. This Ordinance shall come into operation and take effect on and after the publication thereof; and in citing this Ordinance it shall be sufficient in any legal or other proceedings to use the expression "The Colonial Customs' Ordinance 1854." No. LXII. No. LXII. No. LXII. AN ORDINANCE TO DEFINE 'AND REGULATE THE DUTIES OF [Ord. 20 anne AND TO REPEAL ORDINANCES No. 2, OF THE YEAR 1838, Enacted 20th September, 1854, published the 27th following, came into operation on publication. 1854.] [P. E. WODEHOUSE, Governor.]. WHEREAS on the "Estimate of the amount required to be Preamble. raised by taxes in the Colony of British Guiana, for the service of the year 1854," passed by the Governor and Court of Policy of the said Colony, combined with the Financial Representatives of the Inhabitants thereof, at its annual meeting in the month of March last past, provision is made for the payment of the salary and travelling expenses of a Civil Engineer and Overseer of Public Works, subject to the performance of such duties as shall be defined by Ordinance: Be it therefore enacted by His Excellency the Governor of British Guiana, by and with the advice and consent of the Court of Policy thereof, as follows: December in 1. The Civil Engineer and Overseer of Public Works shall, Civil Engineer to make survey before the Thirty-first day of December in each year, make a careful and report inspection of all the buildings, bridges, stellings, dams, and other before 31st. works, of whatever description, the property of, or maintained at the each year. expense of the Colony, and shall, before the said Thirty-first day of December, submit to the Governor and Court of Policy a complete report of the condition of all such works, together with such recommendations as he may consider necessary, in respect to the maintenance, repair, improvement or alteration, of such works, or with respect to any new work proposed by him to be undertaken, and he shall accompany such report with Plans and detailed Estimates of the cost of carrying into effect any such recommendations. 2. All public works shall be executed by contract, and the Civil All publie Engineer and Overseer of Public Works may, on behalf of the Colony, executed by works to be enter contract. This Section is modified by Ordinance 2 of 1855, |