Otorn^U 2Iam ^rljaol Hibrarg Cornell University Library KGT 9.21889 V.5 The statutes and laws of the island of J 3 1924 016 939 047 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016939047 THE LAWS ISLAND OF JAMAICA: REVISED EDITION, Hon. C. Ribton Curran, Senioe, Puisne Judge of the Supreme Court of Jamaica. VOL. V. FEOM LAW 1 OF 1866 TO LAW 37 OF 1869. 'gvmisrUed hvf ^nihavitvj. JAMAICA : DeCoedova & Co., 148 Harbour Street. 1889. THE STATUTES-EEYISED EDITIOI. JAMAICA— LAW 1 OF 1866. A Law to Increase and Secure the Eevenue from Rum.* [25th October, 1886.] JAMAICA— LAW 2 OF 1866. A Law to enable the Governor to appoint any Justice of the Peace a Stipendiary Justice, and to give to such Justice all the Powers belonging to two Justices of the .. Peace sitting together. [Slst October, 1SG6.'] ' WHEREAS it is expedient that the Governor should be Preamble enabled to give to Stipendiary Justices the powers of two Justices of the Peace sitting together : It is enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — 1 — It shall be lawful for the Governor from time to Qo'^emc* pay time, and at any time to appoint, by commission, any Justice pendinry Jns- of the Peace of any parish or precinct of this Island, to be a powe/ oUi^**** Stipendiary Justice within the parish or precinct for which he Justices, shall be appointed, and to give to every such Justice of the Peace, within his jurisdiction, the powers and authority which are now, or which may hereafter be by Law committed to, and exercisable by any two Justices of the Peace associated and acting together, and every such appointment, so made, shall be during pleasure. * Bepealed by the combined operation of see. 82 of Law 31 of 1867, and sec. 1 of Law 10 of 1878, 3 Preamble. JAMAICA.— LAW 3 OF 1866. A Law to declare the Amount of the Salaries of the Governor, and of the Colonial and Financial Secretaries of Jamaica.* [Slst October, 1866.J WHEREAS the Queen has been pleased to direct that the salary of the Governor of Jamaica, appointed to ad- minister the Government of the Island, tinder the constitutipji established by her Majesty's order in council of the eleventh day of June, in the year one thousand eight hundred and sixty-six, shall be at the rate of seven thousand pounds per annum : And whereas her Majesty has also been pleased to direct that the salaries of the Colonial Secretary and of the Einancial Secretary of Jamaica, shall each be at the rate of fifteen hundred pounds per annum. Salaries of jt ig bereby enacted by the Governor of Jamaica, by and Colonial Secre- with the advicc and consent of the Legislative Council thereof, Sseciter" "" that the salary of the present Governor shall be, and shall be deemed to have been, from the date of his appointment, at the rate of seven thousand pounds per annum ; and that the sala- ries of the Colonial Secretary, and of the Financial Secretary, shall each be, and shall be deemed to have been, from the creation of those appointments, at the rate of fifteen hundred pounds per annum: Provided always, that nothing in this Law contained shall be held to authorize these salaries, or any parts thereof, being drawn before or otherwise than as they, or parts thereof, are authorized by her Majesty's regulations to be drawn. " Kepealed bo far as it settles the salary of the Colonial and Financial Secretaries by sec. 5 of Law 7 of 1870. 3 JAMAICA— LAW 4 OF 1866. A Law to Vest in the Colonial Secretary of Jamaica the Lands, Tenements, and Hereditaments heretofore held by the Executive Committee of Jamaica, and for other purposes. [2nd November, 1S66.] WHEB/EAS tlie Executive Committee of Jamaica, as a Preamble. Corporation, established by the Act twenty-second Victoria, chapter thirty-three, entituled An Act to incorporate the ' ^Executive Committee of Jamaica for certaim, pv/rposes, has Ceased to exist, and it is expedient to make provision for vesting the lands, tenements, and hereditaments heretofore held by the said Executive Committee in the Colonial Secre- tary of Jamaica, and that such Colonial Secretary should in relation thereto, have and be invested with the powers here- after contained : It is therefore enacted by the Governor of Jamaica, with the advice and consent of the Legislative Coun- cil thereof, as follows : — 1 — All lands, tenements, and hereditaments which by I'ands.&o., . . '' heretofore held virtue of the Act of the twenty-second Victoria, chapter thirty- by Executive three, entituled An Act to imcorporate the JExecutive Committee of beveTted^L*" Jamaica for certam purposes, or of a-ny conveyance, lease, will. Colonial Secre- or other assurance, made after, the passing of the said Act, were vested in the said Executive Committee of Jamaica, and which ■ have not been sold, aliened, or parted with, are hereby trans- ferred to the Colonial Secretary of Jamaica, and shall be held by him and his successors in the said office in trust for her Majesty, her heirs, and successors for the purposes for which the same were authorized or directed by any Act of the late Legislature, or in accordance with the terms of the conveyance, lease, will, or other assurance executed in relation thereto, 9,nd charging; the Executive, Committee of Jamaica with the public trust in such conveyance, lease, will, or other assurance mentioned. 4> Law 4, 1866. Lands, Ac. hereafter ac- quired to ba vested in Colo- nial Secretar/i 2 — From 'and after tlie~purchase, conveyance, grant, de- vise, or demise thereof, all lands, tenements, and heredita- ments which shall at any time or times hereafter be pur- chased, taken, held, or occupied for the use of the Govern- ment of this Island, or of any of the departments of, or belonging to the public service of the said Government, shall, in like manner, be vested in and held by the Colonial Secre- tary of Jamaica for the time being, and his successors in the said office, in trust for her Majesty, her heirs, and successors for the purposes for which the same shall have been or shall be purchased, taken, held, or occupied under any Law of the Governor of this Island, with the advice and consent of the Legislative Council thereof, or in accordance with the terms of the conveyance, lease, will, or other assurance executed in relation thereto. and his suc- eesiors. 3^-On the death, resignation, or removal of the present Colonial Secretary, or of any future Colonial Secretary, all such lands, tenements, and hereditaments respectively shall become vested in, and be held by the succeeding Colonial Secretary, and in perpetual succession in trust as aforesaid. by ,atyle of Colonial Sepre- tary. 4 — In all deeds, conveyances, leases, wills, contracts, and other instruments touching any estate or interest of, or in any lands, tenements, or hereditaments vested, or intended to be vested in the Colonial Secretary as aforesaid, or whereto he shall be a party, it shall be sufficient to describe him gene- rally by the style and title of the Colonial Secretary of Ja- maica, without naming him. Power to sell. 5 —It shall be lawful for, the Colonial Secretary to sell, exchange, gr'ant, or demise any of the lands, tenements, or hereditaments respectively, which shall be so vested in him in trust as aforesaid, and to do any other act, matter, or thing • in relation to any such lands, tenements, and hereditaments which he shall deem beneficial for the public service in re-- lation thereto, or for the better management thereof. Law 4, 1866. § 6— Provided, that except under the authority of some ProTuo. Act of the late Legislature of this Island, or of some Law of the Governor of this Island, with the advice and consent of the Legislative Council thereof, or under the terms of the trust affecting the same under any such conveyance, lease, will, or other assurance as aforesaid, the Colonial Secretary shall not sell, exchange, or grant any of the said lands, tenements, or hereditaments so vested, or to he vested in and held hy him in trust as aforesaid.* 7 — It shall he lawful for the Colonial Secretary of Ja- powertoCoio- maica for the time heing to hring, prosecute, and maintain "»»* Secretwy any action, suit, or proceeding at law or in equity for re- covering possession of any of the said lands, tenements, or hereditaments, and to distrain or sue for any arrears of rent in respect thereof, and also to bring, prosecutor, or maintain, or to defend any other action, suit, or proceeding in respect thereof, or in relation to the said lands, tenements, or here- ditaments, or any trespass or encroachment committed tlfef e- on, or damage or injury done thereto ; and in every such afc- tion, suit, or proceeding, it shall he sufficient to describe the Colonial Secretary by the style or title of the Colonial Secre- tary of Jamaica, without naming him ; and no such action Or suit shall abate by the death, resignation, or removal of such Colonial Secretary ; and the said Colonial Secretary shall be entitled to recover costs for and on behalf of her Majesty, where judgment shall be given for the Crown, and such Colo- ^^^^f"''* f^\ jiial Spcj^etary sl?^all not be pjersonallyresponsilile where judg- AW, ment shall be given against the Crown, but the damages and costs in that case shall be paid by the Governi^eigit of this Isl^ifid. 8— The possession, and right of possession ©f,' and in all Poamwonof lands', tenements, or hereditaments now held in trust for, "n^J^^^j or to the use of her Majesty the Queen, and her successors, Secretary. for the benefit of the people of this Island, or ehair'ged to such absolute use or benefit, may be recovered, maintained, asserted, * Amended by Law 26 of 1870 by extending the powers of the Colonial Secretary. 6 Law 5, 1866. and defended with, the sanction and in the name of the Colo- nial Secretary of Jamaica, in like manner, and for all intents and purposes at law or in equity, as he is hereby authorized and empowered in respect to all lands, tenements and heredi- taments vested, or to become vested in him iia trust as afore- said. JAMAICA— LAW 5 OF 1866. Preambl*. Tax extended to houiei of £12 And up- wardi. A Law in aid of, and to amend the Act Twenty-Eighth Victoria, Chapter Twenty-Four, entituled " An Act to Provide for the Reconstruction of the most Public Thoroughfares of the CHy of Kingston." [16th November, . 1866.] WHEREAS by the fourth section ofthe Act of the twenty- eighth Victoria, chapter twenty-four, entituled An Act to provide for the reconstrmtion of the most public thorough- fares of the city of Kingston, a tax and duty of seven pence in the pound is imposed upon each house of the annual value of twelve pounds, within limits defined by the said Act : And whereas the said tax and duty ought also to be imposed on houses of greater annual value than twelve pounds : It is hereby enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof. That after the passing of this Law the said tax and duty of seven pence in the pound shall be paid annually for each house of the annual value of twelve pounds and upwards, within the limits defined in the said recited Act, and shall be given in for, and be payable and paid at the same periods, and be received and collected in like manner, and under and sub- ject to the like provisions, as apply to the other taxes and duties imposed by the said recited act. r JAMAICA— LAW 6 OF 1866. A Law to Continue for a limited Period, the several Ex- piring Acts therein mentioned. liQth November, 1866.]* JAMAICA— LAW 7 OF 1866. A Law to Continue the Duties under the Act of the Twenty- Second Victoria Chapter Forty-Eight, and the other Acts to promote Steam Communication between this Island and the United States of America. [16^^ November, 1866.]f JAMAICA— LAWS OF 1866. A Law for making Alterations in the Law consequent on the Constitution of the Legislative Council, Created by Order of the Queen in Council, dated the Eleventh day of June, One Thousand Eight Hundred and Sixty-Six. [letJi November, 1866.] WHEREAS two Acts were passed by the late Legislature lw»mbi» of this Island, during a session held in the twenty- ninth year of the reign of her present Majesty Queen Victoria entituled respectively An Act to alter and am^nd the political constitution of this Island, and An Act to amend an Act, passed in the present session, entituled An Act to alter amend the political con- stitution of this Island, which Acts have been brought into operation under the authority of the Act of the Imperial Par- liament, passed in the twenty-ninth year of the reign of her said Majesty, entituled u4n Act to make provision for the Govern- ment of Jamaica, and have become Law in this island : And whereas by an order of her Majesty, in her Privy Council, bearing date the eleventh day of June, One thousand eight * Omitted as spent. t BepMlid by Sect. 27 of law 11 of 1867. 8v Law 8, 1866. hundred and sixty-six, her Majesty did declare that there should be, within the said Island of Jamaica, a Legislative Council, to be constituted as therein mentioned, and that it should be lawful for the Governor, with the advice and consent of the said Legislative Council, to make Laws for the peace, order, and good government of the said Island : And whereas, on the said recited Acts becoming Law in this Island as aforesaid, divers Acts, and parts of Acts, of the previous Legislature of this Island became no longer' of force, and cease to have effect and operation, and the powers, authorities, functions, and duties of the Executive Committee of Jamaica, and of other bodies composed (either partially or wholly) of persons who were members of the late Legislative Council and Assembly of this Island, under the several Laws of this Island also determined : And whereas it is e;xpedient formally to repeal all such Acts, and parts of Acts as are no longer in force, and it is also expedient to repeal other Acts, and parts of Acts, and to transfer to, and vest in the Governor of this Island, and his appointees, and the other officers and persons hereinafter mentioned, the powers, authorities, functions, and duties of the persons, bodies politic, boards, and officers, which have determined, or under this Law shall be determined, and otherwise to leajislate in re- ■ lation thereto, as hereinafter mentioned : It is therefore en- acted by the Governor of Jamaica, with the advice and c^bil- sent of the Legislative Council thereof, as follows : ACTS REPEALED. Acti in icheduls _,„, l i i <>ji 'n -, • repwJed. 1 — The Acts, and parts of Acts, specified m the first Schedule hereto annexed, are hereby repealed to the extent in the said Schedule in that behalf mentioned ; and the Acts and parts of Acts, specified in the second Schedule, hereto annexed, shall be repealed on and from the first day of Jan- uary, one thousand eight hundred and sixty-seven, to the ex- tent in the said Schedule in that behalf mentioned : Provided, that such repeal shall not have the effect of reviving any Acts, or parts of Acts, which have been before repealed. transferred to Governor. Law 8, 1866. 9 TRANSPER OP POWERS OP PORMER EXECUTIVE COMMITTEE. 2 — All the powers, functions, and duties heretofore Certain powers vested in and exercisable by the Executive Committee, the Committee Governor and Executive Committee, the Governor and the Members, or any one or more of the Members of the Execu- tive Committee, the Governor in Executive Committee, and the Governor, with the advice of the Executive Committee, under the several Acts of the late Legislature of this Island, as the same subsisted and were in force immediately before the hereinbefore recited Acts of the session of the twenty -ninth year- of the reign of her present Majesty, became Law in this Island (save and except such as are hereinafter specially vest- ed in and authorised to be exercised by the Revenue Com- missioner, or the Director of Roads), are hereby transferred to, and vested in, and authorised to be executed by the Go- vernor of this Island. 3 — All the powers, functions, and duties of the Execu- other powers tive Committee, that were exercisable by the said Committee B«venue*Com- or by the Members or Secretary thereof, independently of the missioner. Governor, shall from henceforth be transferred to, and vested in, and exercised by the Revenue Commissioner : And when the office of Revenue Commissioner, is held by the person holding the office of Pinancial Secretary, such first-mentioned office shall" nevertheless be held and exercised by the holder thereof as a distinct office, on his own responsibility, but sub- ject to the orders and general control of the Governor. 4 — The Governor may, by a minute in writing under Ciovemor may •I ^ •> o re-arrange his hand, from time to time define and alter the powers, func- powers, tions and duties of the Revenue Commissioner, and may, by a like minute, from time to time transfer any of the business aforesaid from the Government Pinancial Secretary to the Re- venue Commissioner, or from the Revenue Commissioner to either of the two Government Secretaries ; and the Governor may also, by a like minute, from time to time revoke any such previous minute, and re-arraaige the powers, functit)ii«. 10 Law 8, 1866. duties, and business of all these offices :Provided always, that the financial business of Government shall be conducted in the office of the Einancial Secretary, and that no mere business of audit or account shall be conducted in the office of any Government Secretary. Office of Go- 5 — Erom the seventh day of September in the year one cretaryto^cease thousand eight hundred and sixty -six, being the date of the appointment under the Queen's warrant, by the Governor, of the Colonial Secretary, the office of Governor's Secretary shall be deemed to have ceased and determined, and the functions of that office shall be deemed to have merged in those of the Colonial Secretary. Certain returns 6— All reports, statements, estimates, returns, accounts, Bevenue^Com- Petitions, specifications, declarations, certificates, documents, missioner. notices, letters, vouchers, papers, and writings whatsoever, which under any of the Acts of the late Legislature of this Is- land, it was the duty of any board, officer, or person to render or give to the Executive Committee, or to the Secretary of the Executive Committee independently of the Governor, shall, until otherwise ordered by the Governor be rendered and given tunis'to'thr ^^ ^^'^^ Revenue Commissioner : And all such reports and other Governor. papers, which it was the duty of any board, officer, or person to render or give to the Governor in Executive Committee, or to the Governor and Executive Committee, or to the Governor and Members or any one or more of the Members of the Ex- ecutive Committee, shall be rendered and given to the Govern- or, in that Secretary's department to which, for the time be- ing, such reports and other papers relate. „ ,, ^ 7 — All reports, statements, estimates, returns, ac- Further returns t i • i ■ to be made to couuts, audits, docuiuents, uotices, letters, vouchers, papers and writings whatsoever, which under any of the said Acts, it was the duty of the Executive Committee, or the Secretary of the Executive Committee to submit to, or lay before the late Legislature of this Island, or the late Legislative Council or Assembly of this Island, shall from henceforth be submitted Governor. Law 8, 1866. 11 by the Revenue Commissioner to the Governor : And all such reports and other writings which under any of the said Acts, it was the duty of any other board, officer or person in like manner to submit, shall from henceforth be submitted to the Governor : All such reports and other writings shall be sent to that Secretary's department to which, for the time being the business to which such reports and other writings relate belongs. ^ 8 — ^AU contracts, releases, covenants, and agreements, Contratts, «fcc. heretofore made or entered into by any person or persons Revenue^Com- whoms'oever, with the Executive Committee, or any of the missioner. members. thereof, or the Governor and Executive Committee, or the Governor with any of the Members of the Executive Committee, under any of the Acts of the late Legislature of this. Island, shall be deemed and taken to have been made or entered into with the Revenue Comissioner, and shall be ex- ecuted and, enforced accordingly. 9 — It shall not be lawful for the Receiver-general of Receiver-gene- this Island to pay any money out of the Public Treasury, or '^^^""'^"thout to draw any order for money On the Colonial Bank, or for Governor's war- the bookkeeper to countersign the same for any purpose, or ^^ ' under any pretence whatsoever, except upon the warrant or order of the Governor ; and all Acts and parts of Acts, which ^ direct payment to be made by the Receiver-general under any other authority, are, in such respects, hereby repealed. 10—* 11—* 12—* 13—* 14—* *Bepoilad by uction 2.o{ Law 4 of 1868. 12 Law 8, 1866. Acts heretofore dune confirmed, 15 — All contracts, releases, covenants, and agree- ments, acts, matters, and tMngs, which, after the said herein- before recited Acts of the session of the twenty-ninth year of the reign of her present Majesty had become Law in this Island, were made, entered into, and executed, done, or per- formed with or by the Governor, and the persons then acting as the Members of the Executive Committee, or any of them, or by such persons, or any of them, as such members as aforesaid, either alone or with any othei' person or persons, or by the Governor, with the advice of such persons, or any of them as aforesaid, or with or by the Governor alone, as in pursuance of, .or under colour of any of the Acts of the late Legislature of this Island, are hereby declared to be as valid jand effectual as if made, entered into, and executed, done, or performed by the Governor and Executive Committee, or the Governor and the Members, or any of the Members of the Executive Committee, or the Executive Committee, or the Members, or any of the Members thereof, or the Governor,/ with the advice of the Executive Committee, or the Goyerjior in Executive Coramittee, antecedent to the Acts in this seiction first-mentioned becoming Law in this island as aforesaid; an4 the Governor, and other persons acting in the premises, are hereby indemnified in respect thereof. Certain powers transferred to Director of Boada. 16 — All the powers, functions, and duty whatso- ever heretofore vested in, or exercisable by the Executive Committee, or the Members therebf, and "other persons, as Main Road Commissioners under the several Acts of the late Legislature of this Island, as the same were in force imme- diately before the hereinbefore recited Acts of the session of the twenty-ninth year of the reign of her present Majesty, becoming Law in this Island, or hereby transferred to, and vested in, and shall and may be exercised by the Directpr of Roads. Sntracts, &r. Director of Boada. 17 — All contracts, releases, covenants, and agree- .nsferred to mcnts heretofore made or entered into by any person or per- sons whomsoever, with the said Main Boad Comtodasio^'ejg, or, lim 8, 1666. 13 any person or persons on their behalf, in relation to the main roads and bridges, or otherwise, under any of the said Act or Acts, shall be deemed and taken to have been made and entered into with such Director of Roads and shall be executed and enforced by him in like manner as if he had been originally party thereto, instead of the Main E-oad Com- missioners ; and all proceedings whatsoever which have been or might or may have been commenced, taken, or done by the Main Boad Commissioners, shall and may hereafter be commenced, continued, taken, and done by the Director of Roads in like manner (in case of proceeding already com- menced, taken, or done), as if he had been originally party thereto instead of the Main Road Commissioners ; and any action, suit, or proceeding, which may be pending against the Main Road Commissioners, shall and may be continued and carried on to its final termination against the Director of Roads. 18 — In every contract, release, covenant, or agreement, Director of in relation to the main roads and bridges, or other- ^nameThi""* wise, under the Acts or Laws in relation thereto, for the time coutracts. being in force, with, or by the Director of Roads, or to Avhich such Director of Roads shall be a party, it shall be sufficient to describe him by the style or title of Director of Roads, without naming him ; and every such contract, release, cove- nant, or agreement, deed, or instrument, may be executed by the Director of Roads, by signing his name, or, if the in- strument so executed be in the form of a deed, by signing, sealing, and delivering the same as his deed. 19 — The Director of Roads shall and may sue and be sued May sue and be in respect of any cause of action or suit relating to ^'^^d as such. the main roads or bridges, or the light-houses, or other mat- ters transferred to him by this Law, or arising under the Acts or Laws in relation thereto respectively ; and, in any action or suit to be brought by or against the Director of Roads, it shall be sufficient to describe him as Director of Roads, with- out naming him, and such action or suit shall not abate by 14, Law 8, 1866. the death, resigaatioii, departure from this Island, or removal from the oflB.ce of the person holding the oflB.ce of Director of Roads, but shall and may be continued, carried on, and en- forced by or against his successor or other the person for the time being holding the ofB.ce of Director of Roads. Exempt from 20 — Such Director of Roads shall be exempt from porsoiial respon- , sibility. personal responsibility, and all damages and costs which shall or may be recovered against such Director of Roads, in any action or suit, shall be paid out of the Public Revenue, on the warrant of the Governor of this Island. Property vested 21 — The right, interest, and property of and in the half of her ^ main roads and bridges, and of and in all the erections Majesty. g^mj buildings, mile stones, fences, and other things which shall have been or shall be erected and provided for or upon any such roads and bridges, with the several conveniences and appurtenances thereunto respectively belonging, and the materials of which the same shall consist, and all materials, tools, and implements which shall be provided for the re- pairing of the said roads and bridges, shall from henceforth be vested in the Director of Roads for the time being, for the use and on behalf of her Majesty the Queen, her heirs and successors; and in all legal proceedings, whether civil or criminal, it shall be suflB.cient to state generally such roads, bridges, and articles to be the property of her Majesty the Queen, Returns, &c., to 22 — In all cases where, under any of the said Acts rwtor of Roads, relating to the main roads and bridges, or tramroads, any petition, plan, notice, statement, account, return, document, writing, or paper, matter, or thing is required to be trans- mitted and sent, or given to, or lodged or left with, the Secretary of the Main Road Commissioners, the same shall be transmitted and sent, or given to, or lodged, or left with the » Director of Roads ; and where any act, matter, or thing is required to be done by the said Secretary, the same shall and may be done by such Director of Roads. Law 8, 1866. 15 23— The appointment and oflBlce of Secretary of the Office of Seore- Main Road Board, under the said Acts, shall henceforth &bS cease and determine. abolished. 24 — The sections of this Law, from sixteen to Sectionato twenty-three inclusive, shall be read as incorporated with sfg^fng^Acte!^ the subsisting sections of the several Acts of the late Legisla- ture relating to the main roads and bridges, and tramroads, the Director of Roads being in all such subsisting sections of the late Acts substituted for the Main Road Commissioners, the said Acts being also read with such other alterations and amendments as are made consequent by this Law. 25 — All contracts, releases, covenants, and agree- toforem^e*™ ments which, after the said hereinbefore recited Acts of the confirmed, session of the twenty-ninth year of ^the reign of her present Majesty, had , become Law in this Island, were made, entered into, and executed with or by the persons then acting as the Main Road Commissioners, and all proceedings, acts, matters* and things commenced, taken, or done by them, or their Secretary, in relation to the main roads and bridges of this Island, or otherwise, as in pursuance or under colour of any of the Acts relating to the said main roads and bridges, or tramroads, or any of them, shall be, and the same are hereby declared to be as valid and effectual as if entered into with or by, or commenced, taken, or done by the Main Road Com- missioners, or their Secretary, antecedent to the Acts in this section first mentioned becoming Law in this Island as afore- said, and the same shall and may be dealt with, and acted upon, carried into effect, and enforced by the Director of Roads, in the like manner as if he had been originally party thereto, instead of the said persons, or their Secretary. KINGSTON THOROUGHFARES. 26— The Director of Roads shall have and exer- ^"f""*"^'- „ ,. ,1,. «i,/^ •• Motor of Roads. cise all the powers, functions, and duties oi the Commission- ers appointed under the second section of the Act of the late 16 Law 8, 1866. Legislature, twenty-eighth Victoria, chapter twenty-four, en- tituled An Act to provide for the reconstruction of the most public thoroughfares of the city of Kingston, whose powers, functions, and duties shall cease on the passing of this Law ; and the Director of Roads shall and may execute and enforce all contracts, covenants, and agreements made or entered into with the Commissioners appointed under the said section of the said Act, in like manner as if they had been contracts, covenants, and agreements made or entered into with such Director of lloads. Light-house transferred to Director of Koads. LIGHT-HOUSES. 27 — All the powers, functions, and duties heretofore vested in the Trustees or Commissioners under the Act of the late Legislature of this Island, third Victoria, chap- ter sixty-six, entituled An Act for erecting a Ught-liouse on Movant Pomt, and maintaining and keeping up the same, and in the Commissioners of the Plumb Point light-house in Jamaica, under the Act of the said Legislature, of the fifteenth Victoria chapter seventeen, entituled An Act for erecting and maintaiti- ing a light-house on Great Plumb Point, near the entrance of the harbours of Port Royal and Kingston, and the Act twenty-sixth Victoria, session two, chapter nine, entituled An Act in aM and to amend the fifteenth Victoria, chapter seventeen, " The Plumb Point Light Souse Act," shall from henceforth be transferred to, and vest in, and be exercised by the Director of Roads ; and all contracts, covenants, and agreements heretofore made Avith the former Trustees or Commissioners respectively, shall be deemed contracts, covenants, and agreements made with the Director of Roads, and shall be executed and enforced in like manner as other contracts, covenants, and agreements by this Law transferred to the Director of Roads. Property in 28 — The several light-houses, and buildings attached there- if^ted in Direc- ^0 respectively, and the land whereon the same respec- ter of Koads. tively are built, shall, from and after the passing of this Law, by force and operation of law, and without the ne- Law 8, 1866. 17 cessity for any deed, conveyance, or other assurance whatso- ever, vest in, and be held by the Director of Roads for the time being, onbehalf of her Majesty, her heirs and successors ; and when and so often as such Director of Roads, or any suc- ceeding Director of Roads, shall cease to hold the office, all such lands, hereditaments, and premises shall, by virtue of this Law, be diverted from such Director of Roads, and be transferred to, and vested in his successor in office, for and on behalf of her Majesty, her heirs and successors. 29 — The powers, authorities, functions, and duties of the Trustees of persons who, since the several hereinbefore recited Acts of abolishl'd!^' the session of the twenty-ninth Victoria, became Law in this Island, have acted as the Trustees or Commissioners of the said respective light-houses, shall cease and determine, and the place of all officers other than those employed about the said respective light-houses and lights, shall thereupon be vacated ; and all records, books, accounts, documents, and vouchers of the previously existing boards, shall thereupon become the property of the Director of Roads. 30 — The sections, twenty-seven to twenty-nine inclusive, Seotionstobe of this Law, shall be incorporated and read with the subsist- sisting Acts. ing sections of the said Acts of the third Victoria, chapter sixty-six, fifteenth Victoria, chapter seventeen, and twenty- sixth Victoria, session two, chapter nine, the Director of Roads being substituted in the said Acts respectively for the said Trustees or Commissioners, and the said Acts being read with such other alterations and amendments as are made consequent by this Law. PAROCHIAL ROAD COMMISSIONERS. 31—* 32—* 33—* ■ 34—* 35—* * Bepealed by sec. 2 of Lair 16 of 1885. 18 Law 8, 1866. Churchwardens to be appointed. 36—* 37—* 38—* 39—* 40—* 41—* 42—* 43 — Whenever a Municipal Board shall be nominated and appointed by the Governor, he shall also appoint to the office of CJiurchwarden two qualified parishioners, who may either be also Members of the Municipal Board or not ; and such Churchwardens shall have and exercise all the powers, func- tions, and duties incidental to the said ofice, and theretofore had and exercised by the Churchwardens of the several parishes of this Island ; and they shall, in every parish of this Island, including the city and parish of Kingston, by the name of the Churchwardens of the parish of (naming the parish), have and exercise the corporate powers heretofore had and exercised by the Churchwardens in the several parishes other than Kingston ; but no such Churchwarden shall have power to incur any liability for the parish with- out having first obtained the sanction of the Municipal Board thereof. 45—* 46—^ Powers of Mayor and Gustos trans- ferred. 47 — The powers and duties,^by the Act eighteenth Victoria, chapter sixty-one, and twenty-seventh Victoria, session one, chapter seven, given to or imposed upon the Mayor of King- ston, and Gustos of each other parish of this Island, shall be exercised bv the Chairman of each such board. Municipal Boards may elect officers. 48 — Every Municipal Board shall and may, as soon as pos- sible after its appointment in each year, elect for the year * Repealed by sec. 2 of Law 16 of 1885. Law 8, 1866. 19 persons to fill such oifices as may be authorized by the Gov- ernor, who, for their year of office, shall receiye such pay as may have been authorized for their office ; and such, persons may be removed from their offices by the board, which may appoint others in their stead ; and so in case of any vacancy by death, resignation, or departure from the Island or parish, the board may appoint persons to fill the vacancy for the re- sidue of the year of office ; and they may also allow to any of such officers leave of absence for any reasonable time, such officer providing, during his absence, a sufficient deputy to perform the duties of the office to the satisfaction of the Board ; pending the appointment of new officers, as above provided, the officers of the previous year shall continue in their offices. ' 49 — The appointnient of the Clerk to each such Mimicipal Governor to Board shall be in the Governor, and every Clerk so appointed of Municipal ^ shall be removable by the Governor, on his being satisfied ^°^''''- that good cause for such removal exist ; and the Governor from time to time may fill up any vacancy in the office of Clerk, arising from removal, death, resignation, or departure from the Island or parish ; and until it shall be otherwise ordered by the Governor, each such Clerk shall do, in rela- tion to the Municipal Board to which he shall be appointed, all that the Clerk of the Common Council and the Clerks of the several vestries respectively were required to do, and shall perform besides such other functions as Lheir Municipal Boards may require them to perform, subject to the orders of the Governor, in case of appeal. 50—* 51 — All and every the bye-laws, ordinances, and regulation Kingston bye- which, up to the first day of January, one thousand eight ^^^1^° '■®™*"* hundred and sixty-seven, shall have been made, ordained, and established by the Mayor, aldermen, and commonalty of the city and parish of Kingston, shall remain and be in full force; * Repealed by sec. 3 of Law 9 of 1874. ~ 20 Law 8, 1866. And the powers for enforcing Hecords to be transferred. Property cf Xingston Cor- poration trans- ferred. and the Governor, with the advice of the Privy Council, may, from time to time, repeal any of the said hye-laws, ordinances, and regulations, and may make other rules and regulations, and repeal such last mentioned rules and regulations, and so from time to time as shall be considered necessary or proper. * 52 — All the remedies for enforcing the said bye-laws, ordi- nances, and regulations, given by the Act of the eighteenth Victoria, chapter sixty-one, entituled An Act to repeal an Act, entituled ''An Act to amend an Act, entituled 'An Act for the better preventing mischiefs that may happen by fire in the town of King- ston, for the further regulating the assize of bread, and the nightly watch in the said town,' and for other purposes therein mentioned;" and also an Act, entitled An Act to consolidate and amend the several Acts relating to the corporation of the city and parish of Kingston, and the several Acts repealed by the last-m,entioned Act, and to consolidate and amend the several Acts relati/ng to the city and parish of Kingston, shall and may be had, and exercised, and put in execution, as well in respect of any breach of the said bye-laws, ordinances, and regulations, as of the rules and regulations to be made by the Governor, in Privy Coun- cil, as aforesaid.* 53 — All the records, books, accounts, and personal property of the said Corporation, and of the respective Vestries of this Island, shall become and be the property of the respective Municipal Boards, substituted under this Law for the Corpo- ration of Kingston, and the respective Justices and Vestries as aforesaid, and shall be delivered to and held by the Clerks of the respective Municipal Boards, and shall by such officers be thenceforth retained, and kept and used for the purposes of the parish, under the direction of the Board to be so ap- pointed as aforesaid. 54 —Upon the dissolution of the Corporation, ot the Mayor, Aldermen, Commonalty of the city and parish of Kingston as aforesaid, all real and personal estate heretofore vested in the said Corporation shall, by operation of law, and without * Repealed so far as it relates to Kingston by sec. 2 of Law 36 of 1881. Law 8, 1866. 21 the necessity for any deed, conveyance, or other assurance whatsoever, vest in, and be transferred to, and held hy the Churchwardens of the city and Parish of Kingston, and their successors, for such and the like purposes as the same were previously vested in and held by the said Corporation. 55 — All real and personal estate heretofore vested in the Property of Justices and Vestry, or the Churchwardens in tlieir corpo- ferred.^* rate character, for and on behalf of any parish of this Island, shall, upon and from the first appointment of the persons by this Law authorized to be substituted for the Justices and Ves- tries of the several parishes of this Island respectively, by operation of law, and without the necessity for any deed, con- veyance, or other assurance whatsoever, vest in and be trans- ferred to, and held by the Churchwardens of the said parish for the time being, by the name of the Churchwardens of the parish of (naming the parish), and their successors, for such and the like purposes as the same were previously vested in and held by such Justices and Vestry, or former Churchwar- dens respectively. 56 — All contracts, covenants, agreements, bonds, and obli- Contracts trans- gations heretofore made or entered into by any person or persons whomsoever, with the said Corporation of Kingston, or the Justices and Vestry of any other parish of this Island, or the Churchwardens in their corporate charac- ter, on behalf of such Justices and Vestry, in relation to any matter or thing which such Corporation or Justices and Ves- try were authorized by law to do, shall be deemed and taken to have been made or entered into with the particular board representing the said Corporation or Justices and Vestry, and shall be executed and enforced in like manner as if they had been originally made or entered into with such board. 57 — The sections forty to fifty -six inclusive, of this Law, Sections to be shall be incorporated and read with the subsisting sectious of siTtinjActs.^" " the said Acts of the late Legislature of this Island, of the eighteenth Victoria, chapter sixty-one, and twenty-seventh 22 Law 8, 1866. Victoria, session one, chapter seven, and the several other un- repealed Acts relating to the said Corporation of Kingston and respective Vestries of the other parishes of this Island, such Acts heing also read with such other alterations and amend- ments as are made consequent by this Law. Former offences 53 — ^|][ persons having Committed offences against any of still punishable. . / ■, , -r» i ^ • the provisions of the several Acts, Bye-laws, Ordinances, or regulations affected by this Law before the passing hereof, or its coming into effect, may be prosecuted ; and all penalties incurred by reason of such offences may be sued for, and re- covered as if this Law had not been passed. Liability of of- 59 — All officers and persons liable to account, or give at- contLued°*'*^^^ tendance to, or perform any duty or service for, or to obey the orders and directions of, any of the bodies, whose powers have determined, or are determined by this Law, shall con- tinue and be liable to account, and give attendance to per- form any duty or service for, and to obey the orders and directions of, the ofl&cer or body by this Law substituted for the former body, in the same manner, and subject to the same penalties on refusal or neglect, as such officers or per- sons would have been liable and subject to, if those former bodies had continued to exist, and this Law had not been passed. 60—* 61— t GENERAL ISSUE. Evidence under 62 — In any action, any special defence under this Law general issue. - . . . , 1 . i -, . may be given in evidence under the general issue. " Repealed by Section 2 of Law 7 of 1868. t Repealed by Sectit.n 6 of Law 3 of 1873. La-w 8, 18.66. 23 Alterations consequent on the Constitution of the Legislative Council. The First Schedule to which this Law Re/era. — Enactments Repealed. Date op Act. 33 Car. 2, c. 1 5 Wm.&M. c.3 2 Anne, c. 1 10 Geo. 1, .5 10 Geo. 1, c .8 14 Geo. 3, c. 31 20 Geo. 3, c 3 41 Geo. 3, c. 18 63 Geo. 3, c .9 55 Geo. 3, c. 23 4 Vic, c. 19 5 Vic. c. 44 Title of Act. An Act appointing the number of the As- sembly. An Act for making Kingston a parish. An Act for dividing the parisli of Saint Elizabeth into two distinct parishes for the ease of the inhabitants. An Act for dividing the parish of West- moreland into two distinct parishes for the ease of the inhabitants. An Act to encourage white people to come over and become settlers in this Island and for the more easy and speedy set- tling the north east part thereof. An Act for dividing the parish of Saint James into two distinct pprishes for the ease of the inhabitants. An Act to limit the duration of Assem- blies. An Act to regulate the trial of contro- verted elections, or returns of Members to serve in the Assembly. An Act for continuing, for a limited time, the Assembly of this Island, after the death or demise of the King. An Act for forming part of Vere and certain interior parts of Clarendon and Saint Elizabeth into a distinct parish. An Act to declare the seats of Members of Assembly vacated on accepting offices of emolument. An Act for forming the interior part of the parish of Saint George, and the eastern part of the paiish of Saint Mary, into a distinct parish, to be called Metcalfe. Extent of Repeal. The whole Act. So much of the first sec- tion as directs that there shall be three Represen- tatives for Kingston in the Assembly. So much of the first sec- tion as impliedly gives the right of choosing Re- presentatives in the As- . So much of the first sec- tion as impliedly gives the power of choosing representatives in the As- sembly. So much of the fourth sec- tion as directs the choos- ing of two Representa- tives in the Assembly for Portland So much of the first sec- tion as impliedly gives the right of choosing Re- presentatives in the As- sembly for Trelawny; also section 4. The whole Act. The whole Act. The whole Act. Sections 5, 6 and 7. The whole Act. Sections 5 and 6. 24 Law 8, 1866. Alterations consequent on the Constitution of the Legislative Coum^il. The First Schedule to which this J^aw refers (continued.) Date of A.ct. Title of Act. Extent of Bbpbai.. 17 Vic. c. 29 17 Vic. 0. 31 18 Vic. c. 30 20 Vic. c. 16 21 Vic. u. 4 21 Vic. c. 17 21 Vic. c. 32 22 Vic. c. 5 22 Vic. c. 18 An Act for tlie better government of this Island, and for raising a revenue in sup- port thereof. An Act to fix the salary to be paid to the present holder of the office of Chaplain of the Legislative Council. An Act to reduce the salary of the Gover- I'or's Secretary. An Act to increase the salary of the Secre- tary of the Executive Committee. An Act to regulate the office of Receiver- General. An Act for the abolition of certain fees heretofore payable to the several officers of the Legislative Council and Assembly, and making provision for such officers in lieu of such fees, and for other pur- poses. An Act for the management of certain main roads and bridges, and for other purposes relating thereto. An Act to authorize the issue of writs for the election of Members of Assembly in certain cases, to regulate proceedings at elections, and for other purposes. An Act to define the qualification of Mem- bers of Assembly, to provide for the re- gistration of voters, and for other pur- Sections 1 to 34 inclusive, 36 and 37 ; section 47, first proviso ; sections 49, 51 to 53 inclusive ; sche- dule A, the salary to Go- vernor's Secretary, and Nos. 1 to 5 inclusive ; and all the items next after " to the Attorney-Gene- ral, £240," down to, and inclusive of, the Librarian of the House of Assembly, £100, and Schedule B. The whole Act. The whole Act. The whole Act. Section 3. The whole Act. So much of section 3 as re- lates to the Secretary's salary ; sections 5, 67 and 58. The whole Act. The whole Act. Law 8, 1866. 25 Alterations consequent on the Qonstitution of the Legislative CovMcil. The First Schedule to which this Law refers — (continued.) Date op Act. Title of Act. 22 Vic. c. 33 24 Vic. c. 8 25 Vic. c. 38 26 Vic. (Seas. 2}, c. 12 26 Vic. (Sess. 1), c. 9 27 Vic. (Sess. 1), c. 36 28 Vic. c. 2 28 Vic. c. 20 29 Vic. c. 16 An Act to incorporate the Exeiulive Com- mittee of Jamaica for certain purposes. An Act to amend tlie Law regarding con- troverted elections. An Act to increase the sahvry of the Secre- tary of the Execulive Committee. An Act to authorize the library committee of the House of Assembly to frame rules and regulations for the due care and pre- servation of the library. An Act to remove doubts as to the valid- ity of subsequent publication of lists of voters, under the Act 22 Vic. cap. 18. An Act to amend, and in aid of the Acts twenty-first Victoria, chapter thirty two, and twenty-fifth Victoria, chapter twelve, relating to main and other roads. An Act to repeal and amend so much of the twenty-second Victoria, chapter- eighteen, as imposes a stamp duty of ten shillings on the right to vote in certain cases. An Act in aid of the twenty-first Victoria, chapter four (Beceiver- General's Office Regulation Act), and chapter thirty- nine (Reoeiver-General's Moneys Trans- fer Act). An Act to declare the Register of Electors under the twenty-second Victoria, chap- ter eighteen, for the Parish of Saint Thomas in the East, for the year one thousand eight hundred and sixty-five, the List of Electors for the said parish for the year one thousand eight .hundred and sixfy-six. Extent of Repeal. The whole Act. The whole Act. The whole Act. The whole Act. The whole Act. Sections 1 and 11. The whole Act. Sections 4 and 6 The whole Act. 36 Law 8, 1866. Alterations consequent on the Constitution of the Legislative Council. The Second Schedule to which this Law refers. — Enactments which will he Repealed on and from 1st January, 1867. Date of Act. Title or Act. Extent op Befeai., 16 Vic. c. 43 18 Vic. c. 61 25 Vic. c. 12 25 Vic, c. 18 27 Vic. (Seas. 1), c. 7. 27 Vic. (Sees. 1), c. 36 An Act to render the office of Clerk of the Vestry more permanent, and for other purposes. An Act to repeal an Act entitled " An Act to amend an Act, entituled '• An Act for the better preventing mischiefs that may happen by fire in the town of Kingston, for the further regulating the assize of bread, and the nightly watch in the said town, and for other pur- poses therein mentioned," and also an Act entituled " An Act to consolidate and amend the several Acts relating to the Corporation of the City and Parish of Kingston, and the several Acts re- pealed by the said last-mentioned Acb, and to consolidate and amend the se- veral Acts relating to the City and Par- ish of Kingston." An Act to amend the Main Road Act, and to make f urtl er provision in respect to othar roads. An Act to consolidate and amend the Laws relating to highways, not being turnpike roads, governed and regulated by Acts specially relating thereto, and not being main roads. An Act to regulate the election of Vestry- men and Churchwardens, and the pro- ceedings of Vestries. An Act to amend and in aid of the Acts twenty-first Victoria, chapter thirty -two, and t-wfenty-fifth Victoria, chapter twelve, relating to main and other roads. The whole Act, except sec- tion 7. Sections 2 to 14 inclusive, 18 and 21 to 28 inclusive, Sections 2, 3 and 48. Sections 2, 3, 4, 6, 7, 8, 10 and 11. Sections 1 to 23 inclusive, 34 to 37 inclusive, and 41, 43, 47, 48 and 49. Sections 2 and 3. 27 JAMAICA— LAW 9 OP 1866. A Law to Continue in force for a Limited Period, the Act the Twenty-third Victoria, Chapter Eighteen.* [31*^ December, 1866.] JAMAICA— LAW 1 OP 1867. A Law to Prohibit the Keeping of Swine in the City of Kingston, and Town of Port Eoyal. \pth January, 1867.] BE it enacted by the Governor of Jamaica, by and with the advice and consent of the Legislative Covincil thereof, as follows : 1 — Prom and after the passing of tliis Law, it shall not be Prohibition to lawful to keep swine in the city of Kingston, or town of *^^ *'^"'^" Port Eoyal. 2-t 3 — Every person found, after the expiration of the said Penalty, thirty days, keeping swine, either in the city of Kingston, or town of Port Royal, shall be liable to pay a penalty not ex- ceeding two pounds for every head of swine, besides being liable to forfeit the said animal. 4 — After the expiration of the said thirty days every PoUce to take Policeman may, upon view, take up any swine which he shall "P swinoupon , V16W) ftUCl to find in the streets, lanes,or open places of the said city or town . enter premises, and any Justice of the peace, on application of any Police- Oi warrant of 1 jy ,. .^ • 11 . . Justice of the man, and proof oi the possession, or reasonable suspicion Peace, of the possession of any swine by any person in the city of Kingston, or town of Port Eoyal, may grant a warrant au- thorizing any Policeman to enter upon the premises of the person complained against, and to take and seize any swine there found. * Omited as spent. f Repealed and sec, deemed to be substituted by sec. 1 of Law 20 of 1874, which see. 28 Law 1, 1867. Penalty for ob 5 — Any person who shall hinder or obstruct any Police- s rue ing o ce. ^^^ attempting to take and seize any swine,or who shall pre- vent any person, having such warrant as aforesaid, from en- tering upon the premises mentioned therein, shall be liable to a penalty not exceeding five pounds. Swine found 6 — All swine found after the said thirty days in either the be kUled. ^^^ ° city of Kingston, or town of Port Royal shall be killed. Limits of city of Kingston. Kecovery of penalties. 7 — Por the purposes of this Law the city of Kingston shall comprise all the parish of Kingston as it is or may hereafter be defined, to the westward of the lands of the Lunatic asy- lum, and to the westward of the lands of Waterloo Lodge and of Camperdown and Deanery Penns, and including the vil- lages of Allman's Town, Fletcher's Town, Hannah's Town, and Smith's Village, in the parish of Saint Andrew : Provided, that it shall be lawful for the Governor to grant special licen- ses for the keeping of swine within these limits, on penns of not less than five acres in extent. 8 — ^All penalties under this Law shall be recovered and en- forced by summary conviction before two Justices, and in de- fault of payment, by imprisonment, with or without hard labour, not exceeding sixty days ; and one moiety of the said penalties shall be to the informer, or to him who shall sue or prosecute for the same, and the other to the general Govern- ment of this Island. Definition of "swine." 9 — The words [toord] "swine" shall comprehend all ani- mals of that kind, and shall apply to one or more of such animals. JAMAICA— LAW 2 OF 1867. A Law to Raise by Loan, Thirteen Thousand and Seventy- Five Pounds for Immigration Purposes.* [llih January, 1867.] * Bepealed by sec. 2 ot Law 23 of 1879. ^ - ~ ^ ' 29 JAMAICA— LAW 3 OF 1867. A Law to Extend the Limits prescribed by the Act Twenty- Eighth Victoria, Chapter Twenty-Four, for Drainage pur- poses. [11th February/, 1867.] WHEREAS doubts are entertained whether the powers Preambi given by the second Section of the Act twenty-eighth Victoria, chapter twenty-four, entituled " An Act to provide for the reconstruction of the most p'tMic thoroughfares of the city of Kingston," are available for the purposes hereinafter men- tioned, beyond the Limits defined in the said Act : It is en- acted by the Governor of Jamaica, with the advice and con- sent of the Legislative Council thereof, as follows : Eor the more complete drainage of the rain and sewage Extension of waters of the city of Kingston, the powers given by the 28th Vi™ chap, second Section of the said recited Act shall extend and may 2*» ^^- ^• be put in force beyond the limits prescribed by the said Act, in the manner, and to the limits hereinafter mentioned ; that is to say. To the eastward to Barnes's Gully, and along the course thereof to the sea,, including a space equal to twenty feet in breadth, of and along the eastern or further bank of the said gully, where not affected by build- ings. To the northward, along the lower part of the Hace Course, in the Parish of Saint Andrew, eastward to Barnes's Gully, and throughout the course of the said gully to the sea, including in like manner a space twenty feet in breadth, of and along its eastern or further bank. To the westward to the Admiral's Pen Gully, in the parish of Saint Andrew, and along its course to the sea, through Kingston Pen, crossing the Jamaica Eailway, and the lands thereof, including, in like manner, a space of twenty feet in breadth, of and along the wes- tern or further bank of the said gully or water course. 30 Law 3, 1867. To the westward, through certain lots of land belonging to the city of Kingston, the lands known as the brick- kilns and the lands of Kingston penn, crossing the Jamaica Railway, and the lands thereof to the sea. And over, under, and along the several streets, lanes, and open places between the limits mentioned in the said Act. and the several above mentioned limits. JAMAICA— LAW 4 OF 1867. A Law to Eeroove the Obligatory and Penal Restrictions of the Acts Fifth William and Mary, Chapter One, and Ninth George the First, Chapter One. [26th February, 1867.] IT is hereby enacted by the Governor of Jamaica, with the . advice and consent of the Legislative Council thereof, as follows : 3rd Section of 5 1 — The third Section of the Act fifth William and Mary, Wm. and M. c. chapter One, entituled " An Act for establishing a perpetual c! 1, repealed. ' anniversary fast On the Seventh o/'J^me," and the third Section of the Act ninth George the first, chapter one, entituled " An Act for establishing a perpetual anniversary fast on the twenty- eighth of August," are hereby respectively repealed. other clauses 2 — The other Sections of the said respective Acts shall no permissive. longer be read as obligatory but permissive. JAMAICA— LAW 5 OF 1867. A Law to abohsh the Surry County Gaol.* \2Q>th February, 1867.] ♦Repealed by Section 97 of Law 18 of 1882. ~ Preamble. 3i JAMAICA- LAW 6 OF 1867. A Law to Establish Boards of Health.* [I2th Mmrch, 1867.] WHEEEAS it is expedient to make more effectual pro- vision for improving the sanitary cond*ition of this Island, and for taking precautions against the introduction, origin, or spread of epidemic, endemic, and contagious or in- fectious disease amongst the population : It is hereby enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council, as follows : 1 — It shall be lawful for the Governor to constitute and Governorto appoint certain persons, to be by him named, a Board for Board of Health, carrying out the provisions of this Law, to be called the " Central Board of Health of Jamaica;" and the Governor may, from time to time, remove all or any of the persons so appointed, and appoint others in the stead of such of them as shall die, depart from this Island, be removed, or be incapable of acting. 2 — The powers and duties invested in the said Board may Who may act be executed by such number of the members as the Governor ^ " i"° shall from time to time constitute a quorum thereof. 3 — The said Board may appoint, from time to time, one Board may ap- or more Superintending Inspectors to visit the towns, villages, tending^ins^c- and other localities of this Island, and to make public in- *""» quiry as to all sanitary matters in respect whereof the said Board may desire to be informed. 4 — During any inquiry by a Superintending Inspector under Who may »um- this Law, he may, and he is hereby empowered, to summon mine peraon^. before him any persons whomsoever, and to examine them upon oath or af&rmation, touching any matter relating to the * Law 8 of 1874 by its 10th aection, Law 7 o£ 1882 by its Ist section, Law 22 of 1882 by its 5th section, and Law 15 of 1887 by its 8th section hare been since in- corporated with this Law. 32 Law 6, 1867. purposes of the inquiry ; and whosoever wilfully disobeys any such summons, or refuses to answer any question put to him by such Inspector, for the purposes of the said inquiry, shall be liable to a penalty not exceeding forty shillings. 5 — There shall be Local Boards of Health for the parish Local Boards of the different parishes. of Kingston, and for the several other parishes of this Island, for the purpose of carrying out the provisions of this Law, under the said Central Board of Health. 6—* Municipal 7 — The Municipal Board of the parish of Kingston shall Boards' of * be the Local Board of Health for Kingston, and the Muni- Health, cipai Boards of the several other parishes shall be the Local Boards of Health for such parishes respectively. 8—* Duties of Com- ^ 9_it shall be the duty of the Commissioner or Com- missioners of Health for each such district to furnish the Local Board of the parish with full information as to the sanitary state of the district, and all matters connected with the public health, and to enforce the rules and orders of the Local Board ; and he or they shall further discharge the other duties, and exercise all the powers of a Commissioner of Health, as defined bv this Law. missioners. Local Boards to appoint officers. 10 — The Local Boards of Health may from time to time appoint and remove, subject to the approval of the Central Board of Health, Health OflS.cers, Inspectors of Nuisances, and such other officers and servants as may be necessary to enable them to carry out the provisions of this Law, and shall make bye-laws for regulating their duties in like manner as the bye-laws hereinafter mentioned. •SfdlrV^r™ 11— The Health Officers, to be appointed under this Law, cap. 32, officers shall be in addition to the Health Officers under the Act under this Law. * Repealed by sec. 1 of 14 Law of 1873. Law 6, 1867. 33 fourtli Victoria, chapter thirty -two, and such last mentioned Health OjBGlcers shall, on the passing of this Law, be invested with the like powers as the Health Officers tinder this Law. 12 — If the occupier of any house, or the owner of any Offensive mat- uninhabited house, or his agent, within any town or village &^^^toho^^^^' of this Island, shall wilfully or negligently suffer any offen- abated, sive deposit or collection, fluid or otherwise, to remain in any place beneath or adjoining to such house, or if any such per- son shall allow the. contents of any water-closet, privy, vault, or cesspool to overflow upon the surface of the ground, or if any person shall keep any pig-stye, stable, cow-house, sheep or goat pen, or poultry yard in an offensive state, so as to be a nuisance, and complaint thereof be made to the Local Board of Health, such owner, occupier, or person shall be liable, of ter the expiration of forty-eight hours' notice, given by such Local Board, to abate such nuisance, for every such offence, to a penalty not exceeding forty-shillings, and to a further pen- penalty, alty not exceeding twenty shillings for every day the offence be continued and the Local Board of Health may abate, or cause to be abated such nuisance, and the expenses and costs incurred by them in so doing shall be repaid to them by the owner of the premises upon which such nusiance has existed, or his agent, or the occupier thereof, or other person so of- Penalty, fending, and be recoverable as hereinafter provided, in case of default or failing, such owner, agent, occupier or other person, the said costs and expenses shall be defrayed from the funds of this parish in which such premises are situated. 13 — The occupier of any house, or the owner of any Houses and uninhabited house within any of the towns or villages of k^t^gjean^ this Island, or his agent, shall at all times keep the same, and the yards and enclosures thereto attached, clean and clear of filth, rank vegetation, and of decaying or offensive animal or vegetable matters, under a penalty not exceeding forty shillings to be recoverable, in any case of neglect, after the expiration of forty-eight hours' notice as aforesaid, to effect such clean- sing. 34 Law 6, 1867. Local Boards to 14 — It sliall be lawful for the Local Boards of make bye-laws, jjealth to make, from time to time, at their discretion res- pectively, bye-laws, with respect to the removal of all dust^ ashes, rubbish, filth, mamire, dung, and soil, rank vegetation, or decaying or offensive animal or vegetable matters collect- ed, placed, or found in or about any lot, house, stable, coav- house, pig-stye, sheep or goat pen, slaughter-house, tannery, street, lane, yard, or place whatsoever, and for preventing the deposit thereof upon or by the side of any street or lane, or so as to be a nuisance to any person ; and, with respect to the sweeping, cleansing, and watering of such streets and lanes, and with respect to the times and manner of cleansing, and emptying water-closets, privies, vaults or cesspools ; and with respect to the providing, in proper convenient situations within the towns and villages of their respective parishes or districts, boxes or other conveniences for the temporary de- posit and collection of dust, ashes, dung, filth and rubbish, and other kinds of household refuse, and the removal and disposal of the same ; and with respect to the lime-washing and disinfecting of the houses and buildings within the towns and villages in their respective parishes or districts ; and also with respect to the carrying out of such other sanitary measures as may be directed by the Central Board of Health, and, to submit the same to the Central Board of Health, and through them, to the Governor, for approval and confirmation ; and on the said bye-laws being so approved and confirmed, and published three times in the " Jamaica Gazette, by Authority," they shall be binding on all persons to whom they relate ; and it shall be lawful for the said Local Boards of Health to repeal or alter any such bye-laws by any subse- quent bye-laws, to be approved and confirmed, and published in the same manner as is heretofore enacted, with respect to the original bye-laws made ; Provided always, that a copy of all such bye-laws, when so approved and confirmed as afore- said, shall be suspended in the offices of the Central Board, and of the Local Boards respectively. * * Provisions under this and the next section for making and enforcing bye-laws, iu- corpoiAted by section 6 with Law 2 of 188C, Law 6,J.S61. 35 15 — The said Local Boards may, by any sucli bye.-law and thereby impose upon offenders against the same, such reasonable ii^^"** ^'"^ ' penalties, as they shall think fit, not exceeding the sum of forty shillings for each offence ; and, in case of a continuing offence, a further penalty, not exceeding the sum of twenty shillings, for each day after written notice of the of- fence from the said Local Board ; Provided always, that such bye-laws, imposing any penalty, may be so framed as to al- low of the recovery of any sum less than the full amount of the penalty.* 16 — The Local Boards of Health shall take care that Local Boards to all sewer and drains whatsoever, and all water-closets, privies. ciMets &o. be- vaults, cesspools, and receptacles for rubbish and filth within coming nui- their respective parishes or districts, are placed and construct- ed and kept soasnottobea nuisance, or injurious to health, or dangerous to property ; and an Inspector of Nuisances, or other person may, by written authority of the said Local Board (who are hereby empowered to grant such authority upon the written application of any person showing that the sewer, drain, waterclosets, privy, vault, cesspool, or receptacle, in respect of which application is made, is a nuisance, or injuri- ous to health, or dangerous to property, but not otherwise); and after twenty-four hours' notice to the owner or occupier of the premises to which such sewer, drain, water-closet, privy, vault, cesspool, or receptacle is attached or belongs ; or in case of emergency, without notice, enter such premises with or without assistance, and examine such sewer, drain, watercloset, privy, vault, cesspool, or receptacle; and if the sewer, drain, water-closet, privy, vault, cesspool; or recep- tacle in respect of which such examination is made, be found to be in proper order and condition, he shall cause any damage done to be made good as soon as can be, and the ex- pense thereof shall be defrayed by the Board; but if upon such examination, such sewer, drain, water-closet, privy, vault, cesspool, or receptacle, shall appear to be in bad order and condition, or to require alteration pr ' amendment, the * See foot note to Section 14. 36 Law 6, 1867. said Local Board shall cause notice to be given to the owner or occupier of tlie premises upon or in respect of which the examination was made, requiring him forthwith, or within such reasonable time as shall be specified in such notice, to do the necessary works ; and if such notice be not complied with, the person to whom it is given shall be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding twenty shillings for every day during which he continues to make default ; and the said Local Board may, if they shall think fit, execute such works, and the ex- penses incurred by them in so doing shall be recoverable by them from the OAvner, occupier, or agent as hereinafter pro- vided, or, failing such owner, occupier, or agent, such' expen- ses shall be defrayed by the Local Board of Health from funds at their disposal. Local Boards to 17 — The Said Local Boards of Health shall cause to pools, &c.Tmi- ^^ either cleansed or filled up, all swamps, pools, old vaults, taining offensive open ditches, or placcs witMn the towns and villages of their matter to be fill- -^ -^ .. °, ed up. respective parishes containing any filth, matter, or thing of an offensive nature, and which may be certified to them by the Health Officer, or an Inspector of .Nuisances, as the case may be, to be likely to prove prejudicial to health ; and, for that purpose, shall give notice to the person allowing or causing any such nuisance, or to the owner or occupier of any pre- mises whereon the same exists, requiring him, within a certain time, to be specified in such notice, to cleanse or fill up any such swamp, pool, old vault, open ditch or place, or to construct a proper drain for the discharge thereof, as the case may require: Provided always, that if the person to whom such notice shall have been given as aforesaid, shall fail to comply therewith within the time prescribed, the said Local Boards of Health shall execute the work referred to, or mentioned therein, and the expenses incurred by them in so doing shall be recovered by them as hereinafter provided from the party liable: Provided also, that it shall be lawful for the said Local Boards, upon proof made to their satisfac- tion of the inability of such party, from poverty to defray Law 6, 1867 ' 37 sucli expense, to permit the expenses incurred in tlie manner last-mentioned, to be defrayedoutof the funds at their dispoal. 18 — It shall be lawful for the Local Boards of Health To authorize visi- to empower the Health Officers, and Inspectors of Nuisan- ces, with or without assistance, to enter into and inspect any ship or vessel lying in the ports or harbours of their respective parishes or district ; and, if necessary, to direct that the same he cleared of fllth and offensive matters ; and further, at their discretion to order and direct that such ship or vessel, or any part thereof, which may appear to them to require lime-washing, or the use of any disinfecting or other process, shall be effectually lime-washed or disinfected; and further to direct that the necessary measures may be taken to secure cleanliness and ventilation therein, to promote the health of the crew ; and that such removal of filth and offen- sive matters, lime-washing, disinfecting, or other process or measures, shall be performed within such time, and in such manner as may he by them determined ; and in the event of the directions of the Health-Officer, orlnspector of Nuisances, as the case may be, not being complied with within the time which they may have specified in their directions, the neces- sary measures shall be taken by the Health-Officer or Inspec- tor of Nuisances, at the expense of the Local Board, and the expenses incurred by such Local Board, in the execution of such directions, shall be recoverable, with cost, from the master or consignee of such ship or vessel, as here- inafter provided: And it shall further be lawful for the Health-Officer of the respective ports of the Island to require the Harbour-master of such ports to direct any ship or vessel which shall appear to them to be moored in a position dangerous to the health of the crew, or to the health of the community, to be moored in some other position. 19— It shall and may be lawful for any one or more Commissioners of the Commissioners of Health, Health-officers, or In- ^ayeSerat^d specters of Nuisances, from time to time, with or without inspect buiid- assistantSj to enter into, visit, and inspect all lots, grounds, "'^*' " 38 Law 6, 1867. yards, wharves, tenements, buildings, ont-houses, water- courses, sewers, drains, and trenches of whatsoever nature or description, situate within his or their district respectively ; and if, upon the view of any such Commissioner, Health-officer, or Inspector of Nuisances, it shall appear that any dwelling- house or building, in any town or village, is in such a filthy and unwholesome condition as to be a nuisance to, or inju- rious to the health of any person, or that upon any premises within such town or village there is any bush or underwood, which may be considered to obstruct ventilation, or any foul offensive trench, gutter, drain, privy, vault, cesspool or ashpit kept or constructed so as to be a nuisance to, or injurious to the health of any person, or that upon any such premises any dung, manure, offal, filth, refuse, dirty or stagnant water, or other matter or thing is kept so as to be a nuisance to, or in- jurious to the health of any person, or that upon any such premises any cattle or other animal are or is kept or tethered, so as to be a nuisance to, or injurious to the health of any person, such Commissioner, Health Officer, or Inspector of Nui- sances, after twenty-four hours' notice to the person allowing or causing such nuisance to, or to the owner of the premises, or his agent, or "the occupier thereof, to abate such nuisance (or in case of emergency, without notice) shall make an order in writing under his or their hand or hands, for cleansing, whitewashing, or purifying such dwelling-house or building, or for the removal or abatement of any such cause or causes of complaint in such manner, and within such time as shall be specified in such order ; and such order shall be forthwith served by delivering same, or a true copy thereof, to some person upon the premises in respect whereof it is made, or (if there be no person upon the premises who can be so served) by fixing such order or copy upon some conspicuous part of such premises ; and, if such order be not duly complied with, the owner of the house, lot, or premises against which it is made, or his agent, or the occupier thereof, shall be liable to a penalty not exceeding forty shillings, and to a further pe- nalty not exceeding twenty shillings, for every day during the continuance of his defaults ; and the Local Board shall, by Law 6, 1867. . 39 themselves, their officers or servants, enter such house, lot, or premises, and cleanse, whitewash, or purify the same, or re- move or ahate the cause or causes of complaint, in respect whereof the said order shall have heen made, and do all such works, matters, and things as may he necessary for carrying such order into effect ; and any cattle or other animal may he sold, and any dung, manure, offal, filth, or refuse, and any other matter or thing removed by order of such Local Board as aforesaid, may he destroyed or sold ; and, in case of sale, the proceeds arising therefrom shall be paid to the Local Board, and such sum or sums of money as the Local Board shall cer- tify to be reasonable for the service so performed, together with costs, shall be recoverable from the owner of the pre- mises, or such agent, or occupier as aforesaid, as hereinafter provided : Provided nevertheless, that if it shall appear to the Local Board that the occupier or possessor of the lot, or part of the lot, and buildings thereon, if any, was unable to carry such order into effect, or if there shall be no such owner, agent, or occupier, the said Board may determine that the expense shall be defrayed out of the funds at their disposal.* 20 — The said Commissioners, Health Officers, and Inspec- Commiagioner tors of Nuisances, or any one or more of them may, and and hT^ect they are hereby empowered, at all reasonable times, with or »»r''e*?' P'"- without assistance, to enter into and inspect any market, and slaughter market-house, wharf, shop, store, building, yard, stall, or °"*^*' place kept or used for the sale of butchers' meat, fresh or salted meats of any kind or vegetables of any kind or fresh or salted fish, and also to enter into any slaughter-house, and to examine any animal, carcase, meat, flesh, fish, or vegeta-bles intended for the food of man ; and if it shall appear that the same is unfit for such food, the same may be seized ; and if it appear to a Justice of the Peace, upon the evidence of a com- petent witness, that any such animal, carcase, meat, flesh, fish, or vegetables is or are unfit for the food of man, he shall order the same to be destroyed, or to be disposed of so as to * Powers of the Commissioners of Health, Health officers and Inspectors of Nui- sances extended by sec. 1 of Law 22 of 1882. 40 Law 6, 1867. Temporary places for re- ception of sick, and conve- niences, and temporary places of re- fuge for the healthy, to be appointed dur- ing prevalence of epidemic. Governor in snch case to au- thorize Local Boards to estab- lish dispensa- ries, &c. To appoint nurses and at* tendants. Central board, •with sanction of Governor, may order dis- continuance of burial grounds. prevent its being exposed for sale, or used for snch. food ; and the person to whom such animal, carcase, meat, flesh, or fish belongs, or vegetables belong, or in whose custody the same is found, shall be liable to a penalty, not exceeding forty shillings, for every such animal, carcase, fish, or vegetable, or piece of meat, flesh, or fish so found. 21 — It shall be lawful for the Governor to authorize the several Local Boards of Health to establish suitable places for the reception of person sick of any epidemic, en- demic, contagious, or infectious disease ; also to provide sui- table litters and vehicles for the transport of the sick ; and, where necessary, suitable places for the reception and inter- ment of the dead ; and also to establish temporary places of refuge for the healthy, during the prevalence of such disease in par- ticular localities ; and also to appoint, in the event of the oc- currence of any such disease, house-to-house visitors, who shall perform such duties, and receive such remuneration as the said Grovernor shall determine. 22 — The Governor may, on th^ occurrence of any epi- demic, endemic, contagious, or infectious disease, autho- rize the several Local Boards of Health to establish a dis- pensary or dispensaries, provided with a proper and sufiicient supply of medicines and other medical appliances and com- forts, to be furnished gratuitously to parties unable to pay for the same, and to appoint duly qualified medical men and dis- pensers to take charge of, and superintend sucb dispensaries, who shall receive such remuneration as the Governor shall determine. 23.— The Local Boards shall appoint such nurses and at- tendants as may be required for the places for the reception of the sick, and of refuge hereinbefore mentioned, and shall defray the expenses of the same, and of such places, out of the funds at their disposal. 24 — The Central Board of Health may, with the sanction of the Governor, order the discontinuance of the interment of the dead in any of the burial-grounds of the churches or chapels, or elsewhere, whenever the number of bodies in- Law 6, 1867. ' 41 terred, or the mortality in the Parish, shall render snch fur- ther interment dangerous, and may, with the like sanction, provide other bnrial-gronnds for the purpose. 25 — Any house, or rooms in a yard, not being an hotel or and rooms let tavern, in any town or village in this Island, and wherein reghtered with persons are nightly received to sleep, upon payment of hire, I'ocai Boards as whether such, persons shall reside in the same during the day, ° ^'°^ or otherwise, shall be subject to be declared by the Local Board of Health a common lodging-house, and be registered with the said Local Board as such ; and thereupon and there- after, such common lodging-house shall be subject to such Bye-Laws as may be from time to time made by the said Local Beard for the proper government and regulation of such lodging-houses, especially as regards the number of inmates to be permitted to lodge therein, the measures to be taken for securing cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which such inspection may be made ; and the person keeping any such lodging-house shall give access to the same when required by any person who shall produce the written authority of the said Local Board in this behalf, for the pur- pose of inspecting the same, or for introducing or using therein any disinfecting process ; and the expenses incurred by the said Local Board, introducing or using any disin- fecting process, shall be recoverable by them as here- inafter provided, from the person keeping the lodging- house in which the same shall have been used or introduced ; and whosoever shall refuse to admit therein, at any time, any person authorized by the said Local Board as last aforesaid, shall, for every such offence, be liable to a penalty not ex- ceeding forty shillings.* 26 — ^All Police ofB.cers and Constables shall aid and assist in ^°]"^^ *° ^^ . . assisting under carrying out the provisions and objects of this Law; and if this Law. any violation of any of the provisions of this Law or of any rules, orders, directions, or Bye-laws, to be made in pursuance thereof, shall become known to any of them respectively, he * See sec. 2 of Law 7 of 1882. 42 Law 6, 1867. shall forthwith, report the same to one of the Commissioners of Health, Health Officers, or Inspectors of Nuisances ; and the Inspector of Police shall issue such orders and instruc- tions for the guidance of the Police Porce in this hehalf as the Central Board of Health may, with the approval of the Governor, direct. Penalty on 27 — If anv person or persons shall wilfully violate, violation of or- „ ^ , . \ f ^-^^ A A ders of Central Or reiusc, or neglect to carry out any oi the orders and Board. directions made, or to be made by the Central Board of Health under the authority of this Law, for the punishment of which there shall be no special provision, such offender or offenders shall be liable respectively to a penalty not exceeding five pounds. Penalty on vielation of Bye-laws of Local Board. Penalty on ob- structing Com- missioner, &c. 28 — If any person or persons shall wilfully vio- late any Bye-law of any Local Board of Health, made,contirmed, and piiblished as aforesaid, or shall refuse to observe any di- rections given to him or them by the Commissioners of Health, Health-officers, or Inspectors of Nuisances, under the authority and for the purposes of this Law, such person or persons shall, for every such offence, be respectively liable to a penalty not exceeding the sum of five pounds. 29 — Whosoever wilfully obstructs any Commissioner of Health, or Health-officer, or other officer or person duly employed in the execution of this Law, or destroys, or pulls down, injures, or defaces any hoarder paper upon which any bye-law, notice, or other matter is printed or inscribed, shall, if the same were set up by the authority of the Central Board of Health, or of any Local Board, be liable for every such offence to a penalty not exceeding five pounds. Notification in 30 — The notification in the " Jamaica Gazette, by ders of Central Authority," of any orders or directions made by the Central ^es^of ^"^-lawB Board of Health, purporting to have been approved by theGo- fvidence. ' vcrnor, and to be signed by the Chairman and Secretary of such Central Board, and the production of a written or printed copy of the Bye-laws of any Local Board of Health, purporting to Law 6, 1867. 43 be signed by the Chairman andClerk of such Local Board, shall besnfflcient evidence thereof respectively. 31— All notices under this Law maybe in writing ^"*i]'°**° or in print, or partly in writing and partly in print ; and all notices, orders, and directions, with reference to any ship or vessel, may be served by delivery to the master or consignee, or to some person on board such ship or vessel. 32— Any notice, order, warrant, or authority made, and how sigend. given, or issued, by any Local Board of Health under this , Law, may be signed by the Chairman or Clerk of such Local Board. 33 — In any proceedings under this Law, any notice Notic»e,&c., order, certificate, or other instrument, purporting to be signed beXiy Timed, by the Chairman or Secretary ofanyLocal'Board Commissioner evidence, of Health, Health-officer, Inspector of Nuisances, or any other person authorised and acting under this Law, shall, on produc- tion, be admitted in evidence, and shall be presumed to have been duly signed by the person, and in the character by whom and in which it purports to be signed, until the contrary is shown. 34— Every notice, order, or other instrument by this ^*>t«ee» «d or- • . ders how lerfed. Law required to be served on any person, may, if personal service cannot be , effected, be served by delivery thereof to some person on the premises therein specified, or, if there be no person there by fixing, or causing to be fixed, the same upon some conspicuous part of such premises. 35 — Any action or prosecution against any person for any Protection to ,,.,. ,. -Ill li persons acting thing done m pursuance or execution, or intended execution under this Law of this Law, shall be laid and tried in the Parish, Precinct or District where the thing was done, and shall be commenced within three months after the thing done, and not otherwise. Notice in writing of every such action, and of the cause thereof, shall be given to the intended defendant one month at least before the commencement of the action. 43. Law 6, 1867. In any sucli action the defendant may plead generally, that the act complained of was done in pursuance, or execution, or intended execution of this Law, and give this Law, and the special matter, in evidence at any trial to he had thereupon. The plaintiif shall not recover, if tender of sufficient amends is made before action brought, or if a sufficient sum of money is paid into Court after action brought by or on behalf of the defendant. If a verdict passes for the defendant, or the plaintiff becomes nonsuit, or discontiniies the action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall receive his full costs, as between attorney and client, and shall have the like remedy for the same as any defendant has by Law for costs in other cases. Though a verdict is given for the plaintiff he shall not have costs against the defendant, unless the Judge, be- fore whom the trial is had, certify his approbation of the action. Appeal to Cen- tral Board. False evideDce perjury. ftoceedings may be had against one or more joint owners, &c. 36 — If any person shall think himself aggrieved by any order or claim made upon him by any Local Board in carrying out the provisions of this Law, he may appeal to the Central Board : Provided, that such person shall give to the Local Board fourteen days' notice of his intention to make such appeal. 37 — Every person who, u.pon any examination under the provisions of this Law, shall wilfully and corruptly give false evidence, shall be liable to the penalties inflicted upon persons guilty of wilful and corrupt perjury. 38 — In case of any demand or complaint under this Law, to which two or more owners or occupiers of premi- ses may be jointly answerable, it shall be sufficient to proceed liAW 6, 1867. >^5 against any .one or more of them without in any manner pro- ceeding against the other or others of them; but nothing here- in contained shall prevent the parties so proceeded against from recovering contribution in any case in which they would be entitled to contribution by LaAV. 39 — Whenever, in any proceeding under this Law, whether Owner or occu- written or otherwise, it shall become necessary to mention f'jrred'to in^ or refer to the owner of any house, building, or tenement what- proceedings •' ■ ' . without naming. soever, or his agent, or the occupier thereof, it shall be suffi- cient to designate him as the owner, agent, or occupier of such house, building, or tenement respectively, without name, or further description. 40 — All fines and penalties imposed by this Law, where Recovery;of] not otherwise declared how to be recovered, shall be re- ^™* covered in a summary manner before any two Justices of the Peace for the Parish or Precinct where the offence was com- mitted ; and, in default of immediace payment, by imprison- ment, for any period not exceeding ten days, unless the same be sooner paid. 41 — All monies recoverable for expenses incurred by Recovery of any of the Local Boards against any person or persons under this Law, may be recovered on the complaint, and in the name of the Chairman of such Local Board before any two Justices of the Peace of the Parish or Precinct, who are hereby autho- rized to adjudge the person or persons proceeded against to pay to the said Chairman the amount of such expenses, and the costs of the proceedings ; and such order may be drawn up to be enforced by distress and sale, as well of the goods and chat- tels of the person or persons proceeded against, as of any goods found on the premises whereon the expenses were in- curred, on which a landlord might distrain for rent in arrear ; and in default of distress, or sufficient distress, imprison- ment not exceeding thirty days, unless the expenses and costs be sooner paid. 46 Law 6, 1867. ruriher proTi- 42 — NotwitlistandirLff the summary remedy siven as afore- ■lon* for reeo- ° i -ii - i /• ii, very of expenses, said, siicJi Gxpenses may be recovered with costs beiore the ordinary Tribunals of this Island as a debt, in the name of the Chairman of such Local Board, and the process shall not abate by his death, removal, resignation, or ceasing to be Chair- man, but may be continued by suggestion in the name of any succeeding Chairman, and be enforced by the Chairman for the time being. JAMAICA— LAW 7 OF 1867. A Law to declare in what manner Land, on which the Quit Hents and Land Tax have not been Paid, shall be Forfeited to her Majesty. * [19 March 1867. J Preamable. Governor to constitute a new Police Force and to appoint Inspector-gener- al, and other Officers andCon- ^ stables of the Force. JAMAICA— LAW 8 OF 1867. A Law to Organize a Constabulary Eorce. [19 March 1867.] WHEREAS it is expedient to constitute an improved Police Porce, to be called "The Jamaica Constabulary P'orce," which shall be partially under - military organization and discipline: , It is enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — 1— It shall be lawful for the Governor to constitute a new Police Porce, which shall be called "The Jamaica Con- stabulary Porce," which shall be partially under military or- ganization and discipline, wherewith to replace the existing Policemen ;and it shall be lawful for the Governor to appoint an Inspector-General of Police, who, subject to the orders of the Governor, shall have the command and superintendence of Eepealed by soc. 29 of Law 5 of 1871. Law 8, 1867. 47 the said Force, also a Deputy Inspector-General of Police who shall he next in order of rank and command to the Inspector General of Police and who, in his ahsence, suhject to the like orders, shall have the command and supervision of the Porce also a sufficient numher of Inspectors of Police,of Suh-Inspec- tors of Police, of Sergeants-Major of Police, of Sergeants of Police, of Corporals of Police, and of Police Constahles of the first and second class, who shall all stand with each other in order of rank and command as they have been here named : And it shall be lawful for the Governor to revoke any ap- pointment so made, and from time to time fill up all vacan- cies that may occur from removal , death, absence, incapaci- tation, or other cause, by fresh appointments ; and it shall be lawful for the Governor to authorize the Inspector-general of Police at any time to enrol fit men as Sergeants, Corporals or Constables of the first or second class ; and every enrol- ment , so authorized and made, shall be an appointment un- der this Law. 2 — Every such Inspector-General and Deputy Inspector- inspector-ge- General shall on his appointment, and so long as he shall ty'lnspector-'*' continue to hold such office, be a Justice of the Peace for general to be every Parish in this Island ; and every such Inspector, Sub- tors and others Inspector, Sergeant-Major, Sergeant, Corporal, and Constable thr''**^h°^tth^^* shall, on his appointment by the Governor, or enrolment by island, the Inspector-General, and so long as he may continue a Member of the Porce, become and be a Constable in every Parish of this Island, and shall have all the powers of a Con- stable as by Law established, or hereafter to be established. 3 — The Governor may from time to time frame, alter, or Governor to annul such rules relative to the said Police Force as may be the Force. necessary for the purpose of preventing neglect or abuse, and to render the said Force efficientinthe discharge of its duties,and for the discipline, good order, and guidance of the Constabulary Force and for the general government of the several persons to be appointed thereto under this Law, with respect to the services recjuired of them, and their conduct in the perfor- 48 Law 8, 1867. mance thereof ; their discipline, classification, and rank ; and their promotion and degradation from one rank to another ; and their distribution, posting,- and removal from station to sta- tion ; and their inspection and description of arms, accoutre- ments, and other necessaries to be furnished to them, or which they themselves may have to provide ; and also from time to time may fix and determine the punishment, either by fine not exceeding ten day's pay, or imprisonment for a term not exceeding seven days in barrack, cell or otherwise, or by both fine and imprisonment applicable to all cases of neglect, or violation of duty, diso'bedience, or other misconduct which may be committed by any Sub-ofiicer or Constable in the said Constabulary Porce; and to frame, alter, or annul such rules and forms of procedure relative to such cases of ne-, gleet, for violation of duty, disobedience, or misconduct, as may be necessary. Duties of inspec- 4— The Inspector of Police, Avhen posted to any parish or tors of Police, of district, shall be charged Avith the general government, di- rection, and superintendence of the Police Force from time to time posted or established within the said parish or district subject to the orders of the Governor, and of the Inspector- General: When not posted to a parish or district, an Inspec- tor of Police shall have such command, and such duties con- nected with this Porce, and the general Police health, or con- sub-inspectors servancy of the Island, as the Governor may direct: The Sub- andSergents- Inspectors and Sergeants-Major, appointed under this Law, may be appointed to have charge, under the command of any superior Ofiicer of the Police, of any place or district that may be assigned to them respectively in aid of the Inspectors, and under and subject to their command and control. No perBon of 5 — No pcrsou of any rank, appointed to the "Jamaica Con- othfrpubHcem^ stabulary Porce," shall, whilst he hold such appointment, ^ jloyment with- hold any other public employment without the consent of the Governor. Governor, signified in Writing, Under the hand of the Colo- nial Secretary, Law 8, 1867 4a 6— The following shall be considered the full strength of l*'*""^** °^*'' the "Jamaica Constabulary Torce," as constituted by this Law: One Inspector-General. One Deputy Inspector-General. Pifteen Inspectors. Pifteen Sub-Inspectors. Eifteen Sergeants-Major. Thirty-four Sergeants. Sixty-eight Corporals. Two hundred Constables, first class. Six hundred Constables, second class. But it shall not be necessary to raise the whole of this Eorce ^"t not necea- or to continue the Force at the full strength, unless it may whole at once, seem to the Governor necessary to do so ; and the Force may be increased above this strength if at any time it may seem necessary to the Legislature to do so, on which event the ad- ditional Eorce will come as fully under this Law as the original Eorce above enumerated. 7 — Vacancies occurring in the rank of Sergeant-Major or Vacaneiegofand in' any higher rank, shall be filled by the Governor ; and va- m^™ to^befiw^ cancies occurring in any rank below that of Sergeant-Major *i^?^T*™°'" shall be fiUpdby the Inspector-General subject to the general tor-genei*!. orders of the Governor. 8 — No person shall be appointed as Sergeant, Corporal, or Requisitei for Constable, unless he shall be of a sound constitution, able- JjJP^'"*^*""" bodied, and not below the age of eighteen years, or above the age of thirty-five years; of good character for sobriety, fideli- ty, and activity, and, whenever practicable, able to read and write. 9 — The men at present in the Police Eorce, under " The Po- Present Police lice Act 1861," shall be disbanded by degrees, as the raising of barde*d b"d?' the " Jamaica Constabulary Eorce" may render such disbanding grees, but any fit practicable; but any man so disbanded, if considered fit to be maybeenrom>d. a member of the "Jamaica Constabulary Eorce," may be en- f oll'fed in this Eorce, whatever may be his Eig6, 50 TobeBworn. Law 8, 1867. 10 — No person to "be appointed under this Law to be an Inspector-general, Deputy Inspector-general, Inspector, Sub- Inspector, Sergeant-major, Sergeant, Corporal, or Constable, shall be capable of holding the said office until he shall take and subscribe the oath here following (that is to say) : I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen,in the office of [^Inspector-general, Deputy Inspector-general, Inspector, Sub-inspector, or Consta- ble as the case may be'], without favour or affection, malice or ill will, and that I will see and cause her Majesty's peace to be kept and preserved ; and that I will prevent, to the utmost of my power, all offences against the same ; and that while I shall continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully, according to Law.^ — So help me God. Which oath shall be administered by any of Her Majesty's Justices of the Peace. ^ro^^^hosT -^^ — ^^ shall be lawful for the Governor to provide hospi- tals, medical tals for the men of the " Jamaica Constabulary Eorce," at such men, medicines, ■ ■ • i j^ i • j^ i t i &c., for the sick stations or places as to him may seem lit, and to engage a, men of the medical man to attend at every such hospital, and to provide for medicines, food, attendance, and other necessaries for the sick men of the Porce who may be sent into hospital, and to deduct such sum as may be requisite to defray the whole or part of the charges so incurred, from the daily pay of the sick men in hospital, according to their rank. 12 — The Governor may set apart, for the use of the " Ja- Govemor to set ^art for the Force, barracks, maica Constabulary Porce," any barracks or other building of or belonging to the Government of this Island, and may make such further provision for the accommodation of the men of this Force at the several posts to be assigned to them, as may be necessary. A Central Depot with proper 13 — A suitable building, with^drill ground attached,^ shall Law 8, 1867. 51 be set apart by tbe Governor, in Spanish Town, or elsewhere, stafftobeestab- as a Central Depot, under a proper staif, for the purpose of training the Officers, Sub-officers and men, and of maintaining the whole Porce always in an effective state of drill and dis- cipline. 14 — All Inspectors, Sub-Inspectors, Sergeants-Major, Ser- Officers and men geants. Corporals, and Constables, who shall be received into courM of^riu. the " Jamaica Constabulary Force," shall undergo a course of drill at the Central Depot, on the admission into the Porce, and shall be returned to the Central Depot for the same pur- pose periodically, as long as they shall continue in the Force. 15 — There shall be attached to the Force a sufficient num- Number of her of horses, to be used for the more rapid transmission of *"*"** attached, pressing orders, reports, and important despatches, to be usually distributed as follows : Four horses for Orderlies at the Depot, for Head Quar- ter purposes. ' Three horses for the Orderlies of the Inspector-Gene- ral. Two horses for the Orderlies of the Deputy Inspector General. Two horses for the Orderlies of each Inspector, except the Inspector of the Depot. One horse for the Orderly of each Sub-Inspector. 16 — The Inspector-General, subject to the approbation of . « • t the Governor, shall, from time to time, direct a sufficient number of the number of men, belonging to the said Force, and of such rank p^nTed°to*8°- as shall be proper, to attend on the several Courts of Justice tend Courts of of this Island during their sittings. 17 — The duties of the Police under this Law shall be to Duties of the keep watch by day and by night, to preserve the peace, to de™ ^°*"'®" 52 Law 8, 1867. tect crimes, apprehend or summon before a Justice, persons found committing any ofPence, or whom they may reason- ably suspect of having committed any offence, or who may be charged with having committed any offence, to serve and execute ^all summonses, warrants, subpoenas, notices, and criminal processes issued from any Court of Criminal Justice or by any Justice of the Peace in a criminal matter and to do and perform all the duties appertaining to the ofi&ce of a Con- stable, but it shall not be lawful to employ any man of the "Jamaica Constabulary Force," in the service of any civil process, or in the levying of rents, rates, or taxes for or on be- half of any private person, or incorporated company. To aid in pro- 18 — It shall be the duty of the Officers, Sub-Officers, and iteyenuev Constables of the " Jamaica ConstabixlaryPorce" to ajiprehend smugglers, or others found in the commission of offences against the Bjevenue, and to seize all goods liable to seizure for breach of Revenue Laws, and otherwise to aid in the detection of such offences, and to give such assistance to the Officers of the Revenue in all departments as they may be ordered by the Governor to give. Members of the I9_lt shall be lawful for any Officer, Sub-Officer, or Con- £^orc6 may ar- , raat without stable of the said Force, without warrant to apprehend any ta^o^efT '^^' person found committing any offence punishable upon indict- ment or summary conviction, and to take him forthwith be- fore a Justice of the Peace, who shall enquire into the circum- stances of the alleged offence, and either commit the offender to the nearest gaol, prison, or lock-up house to be thereafter dealt with according to Law, or take bail by recognizance, with security in such amount as such Justice of the Peace shall direct, for his appearance on such day as he shall ap- point, before any two Justices of the Peace, to be dealt with according to Law. How to proeeed 20 — When any person shall be so apprehended as aforesaid, night. after the hour of six in the evening, and before the hour of six in the morning, such person shall be taken to the station-house Law 8, 1867. 53 or lock-up ; and it shall be lawful for the -Inspector, Sub-In- spector, or Sergeant-Major, or Sergeant of the said Porce in charge of the station-house, or lock-up, to take bail by recog- nizance, with security for the appearance of such person be- fore any two Justices of the Parish in which such station- house or lock-up shall be situated, on a day to be mentioned in the said recognizance, to be dealt with according to Law ; and, upon the offender refusing so to do, or being unable to find such security it shall be lawful for such Inspector, Sub- Inspefftor, Sergeant-Major, or Sergeant to detain such oflFen- der in custody until he can be brought before a Justice of the Peace, and dealt with in like manner as is directed in the case of a person apprehended under this Law without war- rant at any other time of the day than in this section above mentioned. 21 — Where any person shall be in the custody of any In- „ i. •^ ^ ! How when per- spector, Sub-Inspector, Sergeant-Major, or Sergeant of the son in their cus- said Porce, without the warrant of a Justice of the Peace, wamnt. °^ whether such person shall have been originally apprehended by any such Inspector, Sub-Inspector, Sergeant-Major, or Sargeant, or afterwards delivered into his custody, or lodged in any station-house or lock-up under his care or superintend- ence, it shall be lawful for such Inspector, Sub-Inspector, Sergeant-Major, or Sergeant, if he shall deem it prudent, to take bail by recognizance, without any fee or reward, for the appearance of such person at a time and place to be specified, before such Justice of the Peace as shall be then and there present ; and the name, residence, and occupation of such person, and his surety or sureties (if any) entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before such Justice or Justices present at the time and place when and where such person was required to appear, and if such person or persons shall not appear and the Justice or Jus- tices present shall not think fit to enlarge the recogni- zance, or, having enlarged the recognizance, if any such per- H Law 8, 1867. If Inspector, &c. decline to take bail, he must, on re- quest, take party before Justice. Term of erJiat- ment. son shall fail to appear at tlie time then appointed, it shall be lawful for any Justice then present at the time originally appointed, or at the time appointed by the enlargement of the recognizance, to cause a record of the recognizance to be drawn up, and shall return the same to the proper Court to be en- forced, as in the case of other forfeited recognizances : Pro- vided, that nothing herein contained shall authorise any In- spector, Sub-Inspector, Sergeant-Major, or Sergeant of the said Eorce to take bail for any person charged with a capital felony. 22. — If any Inspector, Sub-Inspector, Sergeant-Major, or Sergeant shall decline or refuse to take bail by recognizance as aforesaid, from any person in his custody, and such per- son shall so require, it shall be the duty of such Inspector, Sub-Inspector, Sergeant-Major, or Sergeant, forthwith after being so required, to take, or cause to be taken, such person before some Justice of the Peace conveniently near for the purpose of having such person dealt with by such Justice according to Law ; and all recognizances taken before any Justice of the Peace for the appearance of persons appre- hended without warrant, shall be taken without fee or reward by any Justice or other person whatever. 23 — Oflftcers, Sub-officers, and Constables of the " Jamaica Constabulary Porce" may be enlisted for a term of five years ; and no Officer, Sub-officer, or Constable of the said Porce, so enlisted, shall be at liberty to withdraw himself from that Porce until the expiration of that term ; and no Officer, Sub- offieer, or Constable of the said Porce, who has not been en- listed for a term, shall be at liberty to withdraw himself from that Porce until the expiration of six months from the time he shall have given notice, in writing, of his intention so to do, to the Officer under whose immediate orders he shall be ; and if any Sub-officer or Constable shall so resign or withdraw himself before the expiration of such term, or without such previous notice, he shall, for such oflPence, forfeit and pay a penalty not exceeding ten pounds, upon conviction before La,w 8, 1867. 55 two Justices of the Peace ; and it shall be lawful for such Justices, in case such penalty shall not be paid, to commit such person to the Penitentiary, or other prison, or gaol, with or without hard labour, for any period not exceeding three calendar months. 24 — A sum, equal to eight pence in the pound sterling, Deduction shall be deducted from the pay of all officers and men, of Superannuation every rank, belonging to the " Jamaica Constabulary Porce," ^"'"*" and shall be paid into a fund of which the Receiver General, subject to the orders of the Governor, shall have the care, to be employed according to such rules as the Governor shall from time to time approve and promulgate in the pensioning of aged or incapicitated officers and men, who have served not less than five years in the said Porce : In case of the Porce being at any time hereafter disbanded, if the amount then standing at the credit of the fund hereby created shall exceed what is necessary to provide for all pensions then allotted, the surplus shall be distributed amongst the officers and men of the Porce when disbanded, in the proportion to each officer and man of the deductions from his pay, made according to this Law. * 25— It shall be lawful for the Governor to appoint the In- Examinatioii ••■ J^ 01 complaints spector-General, or the Deputy Inspector-General or any In- against mem- spector or Sub-inspector, or any other person or persons, j-orce. whether singly, or two or more of them sitting together, from time to time, as occasion may require, to examine into the truth of any charge or complaint preferred against any Officer, Sub- Officer, or Constable of the " Jamaica Constabulary Porce," of any neglect or violation of duty, disobedience or other mis- conduct, and to report his or their finding on the same : And in case the person charged or complained of not being above the rank of a Sergeant of Police, it shall be lawful for the Inspector-General to appoint a person or persons for the same purpose : The reports of such inquiries, in the case of a charge or complaint against a Sergeant-Major, or any Officer of higher * Repealed ag far as it applies to officers, and the pay of officers by sec. 1 of Law 2 ofI879. 56 Law 8, 1867. Power to the Governor or Inspector-ge- neral to inflict fine, &c. upon party found guilty. rank, shall be made to the Governor, through the Inspector- General ; and in other cases shall be made to the Inspector- General : When the report is made to the Inspector-General, he shall decide upon the case, and when it is made to the Governor, the Inspector-General shall give his opinion upon the case, and the Governor shall decide upon it ; and in any case the Governor, if he see fit, may take up a case so reported and decided, by way of appeal, and may pass final orders therein : And the person or persons so appointed to inquire into a charge or complaint shall have the same power of summoning witnesses, and of examining witnesses on their oath or affirmation, that Justices in Petty Session possess ; and any person knowingly and wilfully giving false evidence, upon oath or affirmation on such inquiry, shall be deemed for all purposes to be guilty of wilful and corrupt perjury, and shall be liable to the penalties thereof. 26 — ^When any such charge or complaint as aforesaid shall have been made, examined into, and decided upon, in the manner above provided, it shall be lawful for the Inspector- General, or the Governor, as the case may be, if his decision be against the person so charged or complained of, to inflict upon such person a fine of one fourth of his pay for a term not exceeding six months, or such other punishment, either by fine or imprisonment, or both, as the Governor may, in virtue of the powers hereinbefore conferred, fix and de- termine. Penalty on Sub- officer or Con- ' stable for ne- glect or viola- tion of duty. 27 — If any Sub-officer or Constable shall neglect or refuse to execute any warrant lawfully directed to be by him execu- ted, or shall be guilty of any neglect or violation of duty in his office, he shall, for every such offence, be liable to a pe- nalty not exceeding forty shillings, or imprisonment, with or without hard labour, not exceeding one month, unless the penalty shall be sooner paid ; and the amount of any such penalty may be deducted out of any pay accruing due to any such offender ; and all such penalties shall be paid to the Clerk of the Magistrates, to be accounted for as other fines £^nd Law 8, 1867. ')5.7 penalties are or phall be by Law required to be accounted for, and tbe same shall be, applied in manner hereinafter directed. 28 — Officers and men of the " Jamaica Constabulary Eorce," Any of the summoned as witnesses to attend Courts of Justice out of the ed as witnesses Parish in which they are stationed (whether examined or not), p"j;°h'to be shall be entitled to be paid their reasonable travelling ex- paid expenses, penses, by order of the Court, as in cases of other witnesses attending to give evidence before Courts. 29 — If any person, who shall have been appointed to the Consequences Police Force, established under this Law, shall be dismissed from™e force. from, or cease to belong to the said Police Porce, all powers and authorities vested in him shall immediately cease and de- termine ; and every Sub-officer or Constable shall, within one week after he shall have been dismissed from, or cease to be- long to the said Porce, deliver over all and every the arms, ammunition, and accoutrements, uniform, and other appoint- ments which may have been supplied to him for the execution of his office to such person, and at such time and place as shall be directed by the Inspector, under whose command he was at the time of dismissal, or ceasing to belong to the Porce ; and every person making default herein shall, upon convic- tion thereof before any two Justices, be subject and liable to a penalty not exceeding ten pounds, or imprisonment, with or without hard labour, for any period not exceeding six months, unless the penalty shall be sooner paid : And it shall be lawful for such Justices, or any other Justices, or Justice to issue their or his warrant to any Constable to search for and seize, to the use of her Majesty, all and every the arms, ammunition, accoutrements, uniform, and other appoint- ments which shall not be so delivered over, wherever the 8£lme may be found. 30 — The Inspector-General, and Deputy Inspector-G-eneral, Exemption and the several Inspectors and Sub-inspectors, durina; their fr°°»,^a^e8 as «. 1 11 1 j^ 1 /. ,1 to police horaes. eontmuance m office shall be exempted irom the payment of taxes or duties in respect of their police horses ; that is to say, 58 Law 8, 1867. ActionH against persons of the Force to be in tort. When protect- ed by Justices' warrant. «. Limitation of actions. the Inspector -general, in respect of three horses ; the Deputy- Inspector General in respect of three horses ; each In- spector, in respect of two horses ; and each Suh-inspector, in respect of one horse.* 31 — Every action to be brought against any OflQ.cer, Sub- officer or Constable of this Porce, for any act done by him in the execution of his office, shall be an action on the case as for a tort ; and in the declaration it shall be expressly alleged that such act was done either maliciously, or without reason- able or probable cause ; and if, at the trial of any such action, the plaintiff shall fail to prove such allegation, he shall be non-suited, or a verdict shall be given for the defendant. 32 — When any action shall be brought against any Officer, Sub-officer or Constable of this Porce, for any act done in obe- dience to the warrant of any Justice, the party against whom such action shall be brought, shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction of the Justice issuing the same, but may plead the general issue, and give such warrant in evidence at the trial ; and, on proving that the signature thereto is the hand- writing of the person whose name shall appear subscribed thereto, and that such person was, reputed to be, and acted as a Justice of the Peace for the parish or precinct, and that the act or acts complained of was or were done in obedience to such warrant, there shall be a verdict for the defendant in such action, who shall recover his costs of suit : Provided, that it shall be the duty of the Officer, Sub-officer, or Constable if required so to do, in the execution of any warrant to him directed to produce the same to the party or parties taken in.to custody thereunder, and permit a copy thereof to be taken by him or them, or on his or their behalf, either at the time of their capture, or at any time afterwards, while the warrant remains in his custody. 33 — No action shall be brought against any Officer, Sub- officer, or Constable of this Porce, for anything done by him * Extended to other members of the Constabulary by sec. 2 of Law 14 of 1870. Law 8, 1867. 59 in the execution of his office, unless the same be commenced within two calendar months after the act complained of shall have been committed. 34 — If any person shall have in his possession any arms, Penalty on . . " ^ , •"- . possession of ammunition, clothing, accoutrements, or other appointments Arms, &c. by furnished for the use of this !Porce, and shall not satisfactorily thrForcT ° account for his possession thereof, or if any person shall put on, or assume the dress, name, designation, or description of, and assume to act as, or to personate an Officer, Sub-Officer or Con- stable of this Porce, every person so offending shall, on con- viction before any two Justices of the Peace, in addition to any other punishment to which he shall have sub- jected himself, be liable to a penalty not exceeding ten pounds, or to imprisonment, with or without hard labor, not exceeding six months. 35 — If any retailer, tavern keeper, or keeper of any house, Penalty for shop, or other place for the sale of liquors, Avhether spirituous of theTorce.*" or otherwise, shall knowingly harbor or entertain any Sub- officer or Constable of this Porce, or permit him to abide or remain in his house, shop, room, or other place during any por- tion of the time appointed for his being on duty or which he - shall have been ordered on service, such retailer, tavern keeper, or keeper of such house, shop or other place as aforesaid, shall for every such oflFence, forfeit and pay a sum not exceeding two pounds. 36 — If any person shall assault or resist, or aid, or incite any Penalty for ob- other person to assault or resist any Officer, Sub-officer, or Constable of this Porce, in the execution of his duty, every such offender shall be liable to a fine not exceeding ten pounds, or in the discretion of the Justices, shall be liable to be indict- ed and punished for a misdemeanor.* 37 — All fines and penalties imposed by this Law, where not l'™*! &o- ^ow otherwise declared how to be recovered, shall be recovered "*"*^®''*' ®* * Power given to Justices to imprison in lieu of fining persons convicted under this Section by Sec. 1 of Law 24 of 1875, which see. ,60 Law 8, 1867. Fines and pe- nalties, &c. to be paid to Ee- ceiver General. to be invested in Kingston Sayings Bank. Excess beyond what can be placed in such book to be in- vested as Go- vernor may di- rect. in a summary manner before any two Justices of the Peace for the parish or precinct where the offence was committed ; and in default of immediate payment, by imprisonment with or without hard labour, for any period not exceeding thirty days, unless the same be sooner paid ; andany fines or penalties imposed for the breach of any regulations at any time in force for the government of the Police, under the authority of this Law, shall be enforced by deducting the amount thereof from any pay due, or accruing due, to any Sub-oflB.cer or Constable. 38 — All fines and penalties imposed on any Sub-ofB.cer or Constable, or any other person, under the authority of this Law, and. the regulations aforesaid, and all penalties, and proportions of penalties and damages awarded to any Sub- QfB.cer or Constable on any summary conviction, as the pro- secutor of any information or otherwise, shall be paid im- mediately to the E/Cceiver General, and shall be carried by the Receiver General to a separate accou.nt of " The Constabulary Eorce Reward Pund," to be appropriated for the payment of such rewards or gratuitous bounties, or other like purposes, as the Governor may from time to time award. 39 — All fines and penalties, and proportions of penalties and damages, on receipt thereof shall be paid over by the Re- ceiver General to the Trustees and Managers of the Kingston Savings Bank, to be kept at interest, and with accumulations as by Law authorised ; and the said Trustees and Managers shall keep an account,thereof, under the name of " The Con- stabulary Porce Reward Pund," and they shall pay the same, or any part thereof, from time to time, on the warrant of the Governor, to be from time to time directed to them. 40— It shall be lawful for the Governor to direct the in- vestment in any loan or public security, under any Act or Law of this Island, or bank, of any amount, being. portion of such " Reward Pund," as may have accumulated, or may from time to time accumulate, in excess of the sum whereon, by Law or regulation, interest is allowed to be paid in the King- Law 8, 1867. 61 ston Savings Bank, and the principal and interest of every sucli investment may be applied by the Governor, in like manner, and for the like purposes, as " The Constabulary Eorce Re- ward Pund" is by this Law in that behalf made applicable. 41 — It shall be lawful for the Governor, from time to time Surplus of to direct any surplus of monies at the credit of the " Police fun'drto'be*^p- Reward Pund," and the " Constabulary Eeward Pund," es- nedto reward jiTiTTi -T... ^ 11 I'l'i'^ under this tablished under the " Police Act, 1856," and the "Constabulary Law. and Reward Pund Act, 1864," after providing for any pension or other annual allowances which, at the time of the passing of this Law, shall be charged on the said respective funds, to be carried to the credit of, and to be invested and applied as portion of the " Constabulary Porce Reward Pund," under this Law. 42 — It shall be lawful for the Governor to direct, and the Payment of ex- Receiver General shall, on the warrant of the Governor make tr^ordinary ' expenses. payment of any extraordinary expenses which shall appear to have been necessarily inciirred in detecting and apprehending offenders, and executing the powers and duties given or imposed under this Law, such expenses being first certified by the In- spector of the District in which the same shall have been incurred, and countersigned by the Inspector General. 43 — The word " Officer," in this Law, shall include and mean interpretation all officers of the Police Porce above the rank of Sergeant °^^^- Major; the word "Sub-officer," all Sergeants-Major, Sergeants, and Corporals of the same force. 44 — No appointment or proceeding under this Law shall be •'^° appo™*- '- ^ ^ ° ments or pro- Subjectto any stamp duty. oeeding liable to stamp duty. 45 — The Acts of the|^eighteenth George the third, chapter Repeal of acts. seventeen, fourth William the fourth, chapter thirty seven, and so much of the tenth section of the sixth William the fourth^ chapter thirty -two, as empowers the Justices and Vestries of the several parishes to raise money for the payment of Con- stables, and the twenty-fourth Yictoria, chapter eleven, the 62 Law 8, 1867. Constables and Kural Consta- bles to deliver up warrants, &c. " Police Act, 1861," and the twenty-seventh Victoria, session one, chapter thirty, the " Constabulary and Reward Pund Act 1864," (except in so far as they repeal other Acts), are here- by repealed . 46 — ^It shall be the duty of every Constable, or Rural Con- stable appointed under the said repealed Act of the twenty- seventh Victoria, session one, chapter thirty, on the passing of this Law to deliver up to the Inspector or Sub-inspector of the Porce under this Law, in the district where he resides the warrant, badge, and baton by him held as such Constable ; and every person neglecting so to do, after notification in the " Jamaica Gazette," requiring such delivery, shall forfeit and pay the sum of twenty shillings, to be recovered as other penaltes under this law. JAMAICA— LAW 9 OF 1867. A Law to Amend and Continue in Force, for a Limited Period, the Duties of Stamps. [ 19th March, 1867.] BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — stamp act 1 — The Act, twenty-eighth Victoria, chapter nine, " The 1865, continued „, -n> x * j_ -,r^n^ ,, • i i , • -, . ^ in force to Slat oiamp Duty Act, 1865, IS hereby continued m force from the December, 1867. thirty-first day of March, one thousand eight hundred and sixty-seven, to the thirty-first day of December, one thousand eight hundred and sixty-seven. Discount to cease. 2 — From and after the passing of this Law, the discount by the said Act allowed upon the purchase of stamps, shall cease and determine. 63 JAMAICA— LAW 10 OF 1867. A Law for Registering all Lands, and for Laying a Duty in respect thereof, and for Laying a Duty upon Houses heretofore Exempted from License and Registration Duties.* [27 March, 1867.] WHEREAS it is expedient tliat there should be a register of Preamble, all lands in this Island, and for this purpose that all per- sons in possession. of land should give in a return, and pay the duty hereinafter assessed upon them for the same : And whereas it is necessary to raise a tax or duty on houses hereto- fore exempted from the duty on houses, as hereinafter men- tioned : — It is therefore enacted hy the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — 1 — Every person in possession of land in this Island, as persons in pog- owner, tenant, or in any other character, shall on the thirtieth session of land day of April now next ensuing, or within fourteen days there- to Collector of after, give in to the Collector of Dues, or other ofS.cer of the ^^^^ ^' Revenue who may be appointed to receive the same, in the parish where such lands are situate, a just and true return of all lands in his possession, giving the name of the property, or the name of the property of which it formerly formed part, and stating, to the best of his knowledge or belief, the name of the owner, or reputed owner, of such land, the name of the occupier thereof, and the character in which he holds the said land, and the quantity of acres of which it consists, and with a declaration at foot to the truth thereof ; and the return and declaration shall be to the eflFect set forth in the form A, to this Law annexed. 2 — The returns under this Law shall embrace all lands what- Returns to in- soever, whether the same shall have been heretofore redeemed "'"*'^® 4^°'** "■*' deemed. from the quit rents and land tax or not. * Incorporated, with all Laws amending or aiding, by sec. 2, sub-sec. 6 with Law 4 of 1883. 64 Law 10, 1867. Duty of one penny per acre to be paid. 3 — Every person making such return shall pay to such Col- lector of Dues, or other officer as aforesaid, the sum of one penny for every acre, and for every fractional part of an acre of land in his possession. On all lands in- culsive of lands redeemed. 4 — The duty under this Law shall be distinct from, and exr-- clusive of the quit rents and land tax now by law payable, and shall be paid as well in respect of lands liable to the former tax, as of lands redeemed from such quit rents and land tax. Collector, &c. to enter parti- culars in re- turn. 5 — Every such Collector of Dues, or other officer, shall en- ter in a book, to be provided by the Eeceiver General, under the direction of the Governor, and to be by each Collefetoi^ of Dues, or other officer, kept for the purpose, and that in Sticihf form, and manner as shall be directed by the Governor, the particulars of all land hereinbefore directed to be returned to him, or which, in the absence of any return, shall be as- sessed by him as hereinafter mentioned, distinguishing such lands as shall be returned from what shall be, so assessed ; and such book shall be always kept in the office of the Collector of Dues, or such other officer, and a copy of the entries there- in, certified by the declaration of the Collector of Dues, or other officer, shall be furnished ^to the E-eceiver General at such times, and in such manner, as the Governor shall direct- Exemption under license and Registra- tion Duties Act determined. 6 — The exemption under the " License and Registration Duties' Act, 1865," or any other Act of this Island, of houses on any estate or pen from the house tax, if occupied by the owner or tenant of the estate or pen, or his family, or by the attorney, overseer, or other servants of the estate or pen, free of rent, shall cease from the passing of this Law ; and every such house, if of the annual value of twelve pounds and upwards, shall be liable to, and shall pay the duty of one shilling and six pence in the pound of the annual value there- of ; and if under the anmial value of twelve pounds, shall be charged as houses under that value by. this Law. Law 10, 1867. 65 7— The word " house," shall mean every occupied or in- J£^'^***'°° habited dwelling-house, shop, store, wharf, warehouse, office, or place of business, and shall, for the purpose of such valua- tion include and comprise the out offices, yards, and curtil- ages attached thereto; and, for the purposes of taxation under this Law, the true annual value of every house shall, when tenanted at a rent, be taken to be the rent actually payable thereon by the year ; and where otherwise occupied, the full and just yearly rent at which the same is really and bona fide worth to be let, shall be taken as such true annual value. 8 — All houses under the annual value of twelve pounds Duty on house (not being the dwellings of labourers located on any estate or pen), shall be assessed and charged with a duty thereon, as follows ; that is to say. Class 1, Every house thatched or shingled, but with- out flooring, and without land, or to an extent less than one acre, a duty of two shillings. Class 2. Every house thatched or shingled, with flooring, but without land, or to an extent less than one acre, a duty of four shillings. Class 3. Every house thatched or shingled, and whether with or without flooring, if the owner or occupier possesses land in the same parish, either attached or detached from such house, equal in extent to one acre or more, a duty of six shillings. 9 — Every person in the possession or occupation of any Persons in pos- house by this Law made liable to the duty hereby imposed, oupatron'^to" shall, on the thirtieth day of April next ensuing, or within make returns. fourteen days thereafter, give in to the Collector of Dues of the parish, or Other officer as aforesaid, in which such house is situate, a just and true return of such house, and the annual value thereof; and if under the annual value of twelve pounds, shall shew whether the owner or oceupieT E 66 Law 10, 1867. thereof holds any other lands not assessed to the taxes or duties on houses under this or any other Law ; and the per- son making such return shall declare to the truth thereof, and pay to the Collector of Dues, or other officer as afore- said, the full amount of the duties imposed on such house hy this Law, and ohtain from him an acquittance of the same. In default of xO. Where no return in respect of the duties, or any of raturn Collector . ^ ^ «s«., may assess, them, under this Law, shall be made, the Collector of Dues, or other officer as aforesaid, shall assess the person neglect- ing to make such return, to the .best of his judgment, and according to such information as he may be able to obtain, and shall add thereto one-fourth part of such duties as a sur- charge or 'penalty, and shall deliver to the person assessed, or leave at his usual or last known place of abode, or on the premises assessed, a statement of such duties and surcharge, with a demand for payment of the same; and if within ten days after such service, the person so charged shall not make a return, as required by this Law, and pay the duties for which, by such return he shall appear liable, together with a sum equal to one-fourth of such duties, the assessment shall be binding and conclusive upon the person charged. 11 — The payment of the duty upon any house under this Law shall, during the current year exempt any person who may afterwards come to the possession of such house from the payment thereof; but, if such duty shall not be paid, it may be recovered, and enforced against any person who may, at any time during the current year, be or have been in the possession thereof. Proviaion as to 12 — If any housc unoccupied at the thirtieth day of April, aftor^mh April 0^® thousand eight hundred and sixty-seven, shall at any 1867. time thereafter during the year become occupied, the owner . or occupier shall, within fourteen days after the house shall become occupied, make the return in the form B, to this Law annexed, in respect of such house, to the Collector of Dues, or other officer as aforesaid, of the parish wherein sue Payment of duty exempts others coming into possession. Law 10, 1867. 67 house is situate, and shall pay to such Collector of Dues or other officer as aforesaid, the duty, or proportion of duty calculated for so many quarters of a year (the fractional part of a quarter being reckoned as a quarter), as shall remain of the current year, according to the annual value of such house ; and, in default of such return the Collector of Dues, or other officer as aforesaid, may assess such owner or occu- pier to the duty, or proportion of duty in respect of such house, and add the surcharge thereon, in like manner, and pro- ceed thereon as in other cases of assessment under this Law. 13 — If any house, charged with duty under this Law, shall Where several be in the possession of more than one person, the Collector ^^°^_ ™ ^°"" of Dues, or other officer as aforesaid, may, to enforce pay- ment, proceed against all or any of the parties, or the land- lord thereof, as well as against any goods on any such pre- mises on which a landlord might distrain for rent in arrear. 14 — If any person shall wilfully make a false or untrue ^"ise deciar»- declaration under this Law, such person shall, on conviction thereof, be liable to the like pains and penalties as are im- posed by law on persons guilty of wilful and corrupt perjury. 15 — The several duties payable by or assessed upon any Duties to be J J.T-- T T, -J- J.- ^ paid in one sum. person under tnis Law, may be paid m one entire suin, ex- cept when such duties amount to or exceed the sum of four Exemption, pounds, in which case they may be paid by moieties, the first on the thirtieth day of April, and the second on the first day of August, one thousand eight hundred and sixty- < seven, or within ten days thereafter respectively. 16 — The several moieties shall be payable and recoverable How moieties under the powers contained in or referred to by this Law, ''«''°^«'**>i»- the first moiety as and in like manner as here directed, in respect of the whole duty, and the second moiety shall be recoverable by the powers aforesaid, at any time after the expiration of ten days from the time the same shall become payable, and any surcharge shall be payable and enforceable, together with the first moiety. 68 Law 10, 1867. On default of i^j — jf ^ny person makinsf a return of the said duties shall payment dis- ■/ x o tress. not therewith, pay the said duties, or, if any person assessed shall not make a return of and pay the duties to which he is liahle, and the surcharge thereon, within ten days after the delivery of the assessment to him, the Collector of Dues, or other officer as aforesaid, without the necessity for any other authority than the directions under this Law for the recovery of the said duties so returned or included in the assessment, and the surcharge thereon (if surcharged), and the costs of distress, may distrain the goods and chattels of the person so liahle as aforesaid to the said duties, wheresoever found, as well as any goods found on the premises charged to the said duties, on which a landlord might distrain for rent in arrear. How distress to ]^g — ^n distresses under this Law may be made upon such property, and shall he kept for such time, and shall he con- ducted, sold, and disposed of as other distresses for duties under "The License and Registration Duties Act, 1865," and "The Tax Collection Act, 1864," or any other Law or Laws which may be in force in relation to such last-mentioned duties; and all clauses in such Laws for the protection of the person distraining, or which authorize the granting of relief to poor and indigent persons, and which give other remedies for the recovery of the said duties, shall be applicable, and applied in respect to the person acting under this Law, and the taxes or duties hereby imposed. How Collector 19 — If the Collector of Dues, or other officer as aforesaid, whenreturT^ shall show, to the satisfaction of any two Justices of the Peace of the parish wherein the property liable to the duties is situated, that any person has charged himself in any return with less duty than he is liable to pay, every such person shall not only be liable to pay the amount of the duties so evaded, but an additional sum by way of penalty, equal to the amount of the taxes evaded, to be recovered in a sum- mary manner before the said Justices, and, in case of non payment, to be enforced by distress and sale of the offender's goods, or imprisonment not exceeding three months, unless untrue. Law 10, 1867. . 69 such, duties and penalty shall be sooner paid, and the duties and penalty may he enforced under the Act thirteenth Vic- toria, chapter thirty-five, or any other Act in respect to summary proceedings, which may be adapted to meet the requirements of this Law ; and, notwithstanding any thing in the thirteenth Victoria, chapter thirty-five contained, the taxes and penalty may be included and recovered in one • proceeding. 20 — The monies of the duties under this Law shall be Collector, &o., accounted for to the Receiver General by the Collector of Receiyer Gene- Dues, or other oflQ.cer as aforesaid, and be paid into the Colo- '^*'- nial Bank, to the credit of the Receiver General, as collected and received, within five days after the expiration of each month ; and such Collector of Dues, or other officer as afore- said, shall keep such books, and make such returns, in rela- tion to the said duties, as and in such form as the Governor shall from time to time direct. 21— Each Collector of Dues, or other officer as aforesaid. Penalty on Col- lector, &c. n paying over. who shall neglect to comply with the requirements of * °'' "' °° this Law, shall be subject and liable, in addition to the pay- ment of the monies received and not accounted for, to the like penalties, recoverable in the manner, as are in the "License and Registration Act, 1865," and "Tax Collection Act, 1864," imposed on Collectors of Dues neglecting to comply with the provision of these Laws, as to the duties therein mentioned. 22 — This Law shall continue in force until the thirtieth Continuance of day of April, one thousand eight hundred and sixty eight; ^'^' and, notwithstanding the expiry thereof, all duties thereunder may be enforced, and all offences against its provisions be dealt with and prosecuted, and all penalties thereby imposed be recovered, as if this Law had continued in force. 70 liAW 10, 1867. SCHEDULE A. BETTJBN of Land m the Parish of Name of Property or former Property of which a part. Owner, or re- puted Owner. Occupier, and in what character. Acres of Land. I do solemnly and sincerely declare that the above return is in all respects, to the best of my knowledge and belief, a just and true return of all lands in my possession, or under my charge, within the Parish of Law'10,11867. 71 SCHEDULE B. AcGotmt of all dwelling-houses, shops, stores, wharves, ware- houses, offices, or places of business. AN ACCOUNT of all dwelling houses, shops, stores, wharves, warehouses, offices or places of business, and of the annual value thereof, belonging to, or m the possession or occupation of as i/n the Parish of on the day of one thousand eight hundred and sixty Name of property, number and street of house in any town. Descrip- tion of property. No. of Acres. Annual value of the dwell- ing house, shop, store, wharf, warehouse, office, or place of business. Kemarks. The above is a correct account of all dwelling houses, shops, stores, wharves, warehouses, of5.ces, or places of business and of the number and actual value thereof, belonging to me, or in my possession or occupation, in the Parish of on the day of one thousand eight hundred and sixty ?2 JAMAICA.— LAW 11 OF 1867. A Law for Laying a Duty on Imports, Exports, and the Tonnage [of Vessels. [37 March 1867.'] BE[jit enacted by the Governor of Jamaica, with the advice ^ and consent of the Legislative Council thereof, as follows: — Duties on im- port under sche- dule. 1 — On and after the coming into operation of this Law there shall be raised, levied collected, and paid unto her Majesty, her heirs and successors, for the use of the Govern- ment of this Island, upon the several articles imported into this Island, and enumerated in the schedule of import duties to this Law, the several duties therein set forth. £30,000 to be reserved by Be- ceiver-General . 3 — The Receiver-General shall annually receive, out of the duties to be collected under the said schedule, and paid to him by the officers of the Customs as aforesaid, the sum of thirty thousand pounds, to be appropriated to the liquidation of the Public Debt, and interest guaranteed by the British Government, which sum is by the Act of the seventeenth Vic- toria, chapter twenty-nine entitled "An Act for the better gov- ernment of this Island, and for raising a Revenue in support thereof, " provided to be appropriated in the manner therein mentioned. EeMdue to use 4i — The residue of the duties to be collected under the said of Government, g^i^edule shall be paid and applied to the use of the Govern- ment of this Island. ♦Repealed by see 241 of Law 18 of 1877. ~ Uw 11, 1^. 7^ SCHEDULE OF IMPORT DUEg. Name op Aexicie. Ale, beer and porter, per gallon Asses Bacon, per pound Barley, (not pearl barley), per bushel Beef, dry, salted, or cured, per pound Beef, wet, salted, or cured, per barrel of 2001bs. Beans, per bushel Birds Books printed, including maps Bread or biscuit per lOOlbs. Bricks Cnot bath bricksyl Bullion Butter, per pound Calavanoes, per bushel Candles, composition, per pound tallow per pound ■ wax, or spermacetti, per pousd Cattle, neat, per head arriages, carts, and wagons, used for agricultural purposes Cheese, per pound Cider and perry, per gallon Coals and coke Cocoa per lOOlbs. Coffee, British colonial^ per lOOlbs. Coin Corn, Indian, per bushel Cotton, wool Diamonds Dogs Dyewoods Drawings, paintings, engravings, lithographs, and photographs Fish, dried or salted, per lOOlbs. Fresh — smoked, not otherwise enumerated or described, per pound Fish, alewives, pickled, per barrel of 2001bs. ... herrings, pickled, per barrel of 2001bs. herrings, smoked, per pound mackerel, pickled, per barrel of 2001bs. — — pickled, not otherwise enumerated or described, per barrel of 2001bs. salmon, smoked per pound ditto, wet, or salted per barrel of 2001bg Flax Flour, rye, per barrel of 1961bs. wheat, per barrel of 1961bs, Fruit, fresh... Goats ... ... Guano, and other manure .., X, 6 ree 2 4 1 15 4 Free Free 6 Free Free 2 4 2 Of 2 10 J? ree 2 6 Free 10 1 Free 4 Free Free Free Free Free 3 6 Free Oi 2 6 2 6 Oi 4 6 4 6 2 10 6 Free 8 8 Free Free Free 1 2 Free Free Free Free 10 Free Free Free Free 3 Of n Eaw 11, 1867. Name of Akticlb. Duty. Gunpowder, per pound Hams, per pound Hand machines for preparing fibre, or for spinning cotton or wool Hay and straw Hemp Hides, raw Horses, mares and geldings, each Hydraulic presses, and printing presses Ice ... Iron galvanised ditto for roofing, doors, and shutters, and every kind of iron roofing, doors, and shutters ... Indigo, per pound ... Lard, per pound Leeches ... ... ... ... Free Matches, luciters and others, per gross of twelve dozen boxes, each box to contain one hundred sticks, and boxes containing any greater or lesser quantity, to be charged in proportion 5 Malt dust ... Marble, in slabs and blocks Machines, horse power ... Meat, fresh salted, or cured, per barrel of 2001bs. Meal, not wheat meal, per barrel of 1961bs. Mess plate and furniture, band instruments for the use of the Army, and Navy, on the certificate of the Military or Naval Com- manding Officers ... ... ... Free Mills, whether they be for grinding canes, paint, coffee, corn, or grain of any kind, or for sawing boards, raising water, or such as are set in motion by steam, horse, wind, or water power, and all parts of the said mills ... ... ... Free Molasses ... ... ... ... ... Free Mules, each ... ... .. ... 10 Oats, per bushel ... ... ... ... 4 Oil cakes, whole or in powder, and other prepared food for cattle and animals ... ... ... ... Free Oil, per gallon ... ... ... ... 9 Patent Fuel ... .. ... ... Free Pans for boiling sugar, whether copper or iron ... Free Pease, (not being split pease) ... ... ... 4 Pipes for conveying fluids . . ... ... Free Plants growing ... ... ... ... Free Ploughs, plough-harrows, harrows, cultivators, clod- crushers, horse- . hoes, dibbles, sowing machines, and parts thereof ... Free Pork, salted or cured, per barrel of 2001bs. ... ... 15 Poultry ... ... ... . . ... Free Pumps for raising water ... ... ... Free Railway truck wheels ... ... .... •■■ Free Free Free - Free Free 15 2 Law 11, 186?. 7S Name of Article. Dtjty. Besins and Bosin .. ... ... ... Free Rice per lOOlbs undressed, per bushel Salt, per lOOlbs Salt, Rock Sarsaparilla (but not the extract of) Sausages, dry or pickled, per pound. Sheep ... ... ... ... ..• Free Shooks, tierce, puncheon, and hogshead, and all debcriptions of shooks also tierces, hogsheads, and casks ... ... Free Slates ... — ... ... Free Soap, per lOOlbs. Soda, ash or sub-soda ... ... ... Free Specimens, illustrative of natural history, mineralogy, and geology Free Spirits, brandy per gallon gin per gallon ■ rum the produce of, and imported from British possessions per gallon whisky per gallon Spirits of wine, alcohol, and all other spirits, cordials, or spirituous compounds, per gallon Stills, or any part of a still Steam engines, or any part of a steam engine Sagar, refined, per pound unrefined, per lOOlbs Swine Tallow, grease, tallow grease, or grease and slush Tea, per pound Tiles, marble and earthen as well as paying stones Tobacco, manufactured, including cavendish, per pound Tobacco, unmanufactured, per pound ... —- cigars, per povmd Tongues, dried, per pound salted or cured, per barrel of 2001bs ... Tortoise, shell Tow Turtle Vegetables, fresh ... Wax, bees ... Wheat, per bushel Wines, in bulk and in bottle, per gallon Wood, for every one thousand feet of pitch pine lumber, by superfi- cial measurement of one inch thick for every one thousand feet of white pine lumber, or other lumber by superficial measurement of one inch thick shingles, cypress, more than twelve inches in length, per thou- sand Wallaba shillings, per thouaand 3 1 1 Free Free 2 5 6 10 10 10 10 10 Free Free 2 10 Free Free 1 Free 1 6 6 2 15 Free Free Free Free Free 9 2 6 b 13 9 6 6 76 Law 11, 1867. Name op Article. Wood, Boston chips, and all shingles not otherwise enumerated, or described, per thousand hoops staves and heading, red or white oak or ash DUTT. 4 Free Free Wire, iron, for fences, wire fencing, iron standards, and also tomb railings ... ... ... ... Free On all other goods, wares, merchandise, and effects of every descrip- tion, not previously enumerated, for every £100 value ... 12 10 And after these raf es for any greater or less quantity of such goods respectively. Exemptions. 5 — The following goods shall be exempted from duty : EXEMPTIONS. All packages containing goods subject to the ad valorem duty imposed by this Law. Provisions andstores imported for the use of Her Majesty's Army or Navy, and consigned by bill of lading to the Officer at the head of Her Majesty's Commissariat, the Military Store-keeper, or the Naval Commanding Offi- cer of this Island, on the production of the bills of lading and certificate of such Officer, that they have been solely imported for the use of the Army or Navy as aforesaid. Drawbacks. Provisions and stores imported by the Local Government for the Public Service, on the certificate of the Revenue Commissioner. Articles of Naval, Military, and Civil uniform, for the personal use of the proprietor. 6 — The following Drawbacks of Duty shall be allowed : DEAWBACKS. Goods, wares, and merchandise, upon which ad valorem Duty under this Law, or any previous Act of this Is- * Exemption from Import Duty of provisions, wines, spirits, and malt liquor for Military staff and Begimental messes repealed by Section 1 of Law 13 of 1873. Law 11, 1867. 77 land, shall have been paid, if duly exported within two years of their first importation, a Drawback equal to the Duty paid on first importation. On the exportation of the following goods on which the Duty under this Law or any previous Act shall have been paid without such goods having been bonded, if exported within twelve months of the first importa- tion, a Drawback equal to the duty so paid. Plour, bread, or meal, not less than ten barrels of each article. Lard or butter, not less than ten firkins of each article. Candles, not less than ten boxes. Soap, not less than twenty boxes. Ale, beer, or porter, not less than five hogsheads of each, in bulk, nor less than fifteen barrels of each, if in bot- tles. Beef, pork, or pickled fish, not less than ten barrels of each. Rice not less than five tierces, or twenty-five bags. Dried fish, not less than one thousand pounds weight. Tongues, not less than ten barrels. Lumber, not less than five thousand feet. Shingles, not less than five thousand. On exportation of bread or biscuit, manufactured in this Island, the duty paid on the flour consumed in making the same, but not to exceed the duty imposed on bread or biscuit imported. The several drawbacks under this Law shall be subject to the regulations and provisions of the several Acts and Laws for the time being in force with reference to such drawbacks. 78 Law 11, 1867. 9-t Tonnage of fo- 10 — TJpon the arrival of any foreign vessel in any port of b?acerTaTned Is this Island, the tonnage of sucli vessel shall be ascertained on British ves- jjy the same mode of admeasurement which is adopted for ascertaining the tonnage of British vessels, and duty paid accordingly. 11—* 12—* 13—* 14—* 15—* 16—* 17—* 18—* 19—* 20—* 21—* 22—* Export duties. 23 — In licu of the duties under the Acts fifteenth Victoria, chapter thirty -nine, and the twenty-fourth Victoria, chapter % ; ___^__________ ♦Repealed by Sec. 1 of Law 15 of 1870. tEepeaJed by Sec. 1 of Law 42 of 187 Law 11, 1867. 79 sixteen, there shall be received, levied, and collected by tbe Oflacers of the Customs of this Island, the following duties on exports : On sugar, at the rate of five shillings and ninepence per hogshead. On rum, at the rate of four shillings and sixpence per puncheon. On coflFee, at the rate of six shillings per tierce. On pimento, at the rate of ten pence for every one hun- dred and twenty pounds weight. On logwood, and other dyewoods, lignumvitee, ebony, and cocus wood, at the rate of one shilling for every ton. On vinegar, at the rate of one shilling for one hundred and twelve pounds, * 24 — Eor the purposes of this Law, three tierces of sugar statement of shall be taken to be equivalent to two hoghsheads ; eight ^"oMtSed?"^ barrels to one hogshead ; other packages in the proportion which they shall bear to the hoghshead of seventeen hundred weight; two hogsheads of rum shall be equivalent to one puncheon ; every quarter cask or package of rum, not being a puncheon or hogshead, in the proportion the same shall bear t6 the puncheon of ninety gallons ; coffee in packages, other than tierces, in the proportion of seven hundred weight to one tierce. 25 — The said last-mentioned duties shall be appropriated Export duties and applied for the purposes to which the duties under the applicable un- ■'•■'■.. ^ . . . aer particular said respective Acts, fifteenth Victoria, chapter thirty-nine Laws, and twenty-fourth Victoria, chapter sixteen, were respectively authorized to be raised, levied, and collected, and applied, and the other Acts or Laws in relation thereto. ♦Amended by sec. 1 of Law 20 of 1887, and by sec. 1 of Law 9 of 1889. 80 Law 11, 1867. 26*— Repeal of Acts. 27 — The several Acts and sections of Acts next mentioned are hereby repealed, froin the coming into operation of this Law ; but such repeal shall not affect any right or duty ac- quired under such Acts ; and notwithstanding the expiry of the Act twenty-eight Victoria, chapter ten, or repeal of the said Acts, and sections of Acts, any duties thereunder re- maining to be collected, and all offences committed against the said Acts, or any of them, and any penalty incurred under either of the said Acts, may be collected and recovered, punished, or proceeded for, and received or enforced re- spectively, as if such Acts and sections of Acts respectively had not expired, or been repealed : ACTS AND SECTIONS OE ACTS REPEALED. 28 Vic. c. 19, sees. 5, 7, 13, 14, continued in force. Act. 46th George III. chapter 28 15th V ictoria. chapter 39 17th Victoria, chapter 33 20th Victoria, chapter 5 24th Victoria, chapter 3 24th Victoria, chapter 16 26th N'ictoria, session 2, chapter 22 29th Victoria, chapter 13 Law Ko. 7 of 1866 Extent of Repeal. The whole Act Section 13, 14. Section 27, 28, 29. Section 9, 12, 13, 17, 23, 24, 25, 26. The whole Act. Section 15, 16, 17. The whole Act. The whole Act. The whole Act. Commence- £8 — This Law shall come into operation on the first day of April, one thousand eight hundred and sixty-seven. 29 — Until otherwise provided for by Law, the fifth, seventh, thirteenth, and fourteenth sections of the twenty-eighth Vic- toria, chapter ten, shall be continued in force. * Repealed by Sec. 241 of Law 18 of 1877. 81 JAMAICA— LAW 12 OF 1867. A Law to coutinue in Force, for a Limited Period, the Acts relating to Insolvent Debtors.^ {^mh March, 1867.] JAMAICA— LAW 13 OF 1867. A Law to Amend and Continue in Force,» for a Limited Period, the Registrar in Chancery's Salary Act.f [29i^ March, 1867.] JAMAICA— LAW 14 OF 1867. A Law to Continue in Force, for a Limited Period, the Act to Reduce the Security of the Secretary of this Island.! [WthMarcU, 1867.] JAMAICA— LAW 15 OF 1867. A Law to Continue in Force, for a Limited Period, the Act to Provide for the Management of the Post Office, f \22th March, 1867.] * Repealed by sec. 2 of Law 25 of 1879. fOmitted as spent. 82> JAMAICA— LAW 16 OF 1867. A Law to Re-Ena,ct and Continue in Force, for a Limited Period, The Police Act, 1861. I2nd April, 1867.] Preamble, TTTHEREAS it is necessary to re-enact and continue in VV force " The Police Act, 1861," until tlie Force, con- constituted under tliat Law, shall be absorbed in the Con- stabulary Force, under the Law No. 8, of 1867, or be dis- banded : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — Police Act, 1— The Police Act, 1861, is hereby re-enacted, and con- 1861, re-enacted tinned in force until all the officers and men of the Police and continued. . i i i » • ^ i Force, appointed under that Act, shall have been appointed to, or enrolled in the Constabulary Force under Law No. 8, of 1867, or shall have been disbanded from the Police Force. Governor to notify full oper- ation of Law No. 8 of 1867. 2^The Governor is hereby authorized, so soon as all the officers and men of the said Police Force shall have been appointed to or enrolled in the said Constabulary Force, or shall have been disbanded from the Police Force, to declare, by notification in the Jamaica Gazette by Authority, to be signed by the Colonial Secretary, that the objieets of this Law have been effected ; and thereupon The Police Act, 1861, and this Law, shall cease and determine. Said Force to be under the Inspector- General, &o. 3 —The Police Force, continued by this Law, shall, sub- ject to the orders of the Governor, be under the command and superintendence of the Inspector-General of the Con- stabulary Force ; and, in his absence, of the Deputy Inspector- General, and the Inspectors, Sub-Inspectors, Sergeants- Major, Sergeants, and Corporals of the said Constabulary Force, shall be attached to, and have the like authority in the said Police Force, continued by this Law, as they have in the Constabulary Force, but regulated by the powers and proYisions of "The Police Act, 1861." Law 16, 1867. , 83 4> — The officers and men of the said Police Force are hereby indemnity, indemnified for having acted as Constables, or otherwise, as in exercise of the powers under "The Police Act, 1861," since the repeal of the said Act, and may plead the general issue and give this Law in evidence in bar of any action or pro- ceeding which may be brought against them, or any of them. JAMAICA— LAW 17 OF 1867. A Law Imposing Licenses for the Sale of Spirits.* l2nd April, 1867.] JAMAICA— LAW 18 OF 1867. A Law Imposing Licenses upon Trades and Business. I2nd April, 1867.] BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — 1 — Every person carrying on a trade or business men- Persons oaity- tioned in the Schedule to this Law annexed, shall, within "8°" certato . . trades or busi- thirty days after the. passmg of this Law, and, m each sue- ness to take out ceeding year, on the fifth day of April, or within fourteen '^^^ annually, days thereafter, respectively take out a license, stamped according to the rate of duty for such trade or business, or the particular class thereof, in the said schedule, f 2 — Every such person shall, at least ten days before the Returns to bo earliest time by this Law fixed for taking out such license, ™*'^^-. in each year make out and render to the Collector of Dues, or other authorized Officer of Revenue, of the parish in which such person carries on his trade or business, a return in such Repealed by sec. 1 of Law 9 of 1875. f Amended by sec. 1 of Law 1 of 1885. 84 I^AW 18, 1867. form as this Law requires, containing a true statement in the several particulars embraced under the different heads in the said form ; that is to say, 1 — Every person carrying on a trade, or business men- tioned in the said schedule, but not divided into classes, shall give in such return in the form to this Law an- nexed, marked A. 2. Every person carrying on a trade, or business men- tioned in the said schedule, and therein divided into dis- tinct classes, shall give in such return in the form to this Law annexed, marked B. And every person giving in a return under this Law shall subscribe his name to the declaration, to the truth thereof, subjoined to the form on which he makes his return : Pro- vided, that where two or more persons shall be liable to be charged as in partnership, one return only shall be required, and such return shall be made by them jointly, or by one or more, on behalf of himself, or themselves, and the rest of the persons so liable. Annual value to 3_The sum to be filled up in the column headed " An- be the full and . ■■■ just yearly rent nual • Value of Premises," in the form B, shall be the true prelnises mfght annual value of the house, store, shop, or other premises in be let. which such trade or business shall be conducted, and shall be the full and just yearly rent, at which such premises are really and brnm fide worth to be let. If CoUecter, 4 — jf the Collector of Dues, or other ojBGicer as aforesaid, with return, he shall be satisfied With the correctness of the return made to ^M ra°pay- ^^"1 ^y ^^y person, he shall, on being paid the amount of ment of d»ty, duty in the said schedule specified for the trade, or business, or the class thereof, entered in such return, deliver to the applicant a license for, and bearing the necessary and proper stamp applicable to the trade, or business, or the class there- of for which the applicant shall have made such return.* * Amended by see. 1 of Law 1 of 1885. Law 18, 1867. 85 5— If tlie Collector or Dues, or other ofBcer as aforesaid, ^^^'^^Z!^" shall consider that any person, in making such return, has placed himself under a wrong description or class, and amount of duty, such Collector of Dues, or other officer as aforesaid, shall assess such person according to the description, class, and amount of duty for which he shall consider the applicant pg^j*"* *" "P" to be liable ; which assessment shall be subject to an appeal, according to the directions hereinafter contained. 6 — Where any person carrying on a trade, or business, in default of 1 11 1 X ^ ^ 1 ^1 ^ 1 -i-i.- ,i return CoUec- shall neglect or refuse to. make the return as and witnm the tor, &c., may time by this Law required, the Collector of Dues or other ^^^j^j^^ ***** officer as aforesaid, shall assess such person to the trade, or business, or the class thereof, to which such person is liable, according to the best of the judgment of such Collector of Dues, or other officer as aforesaid, and shall add thereto one-fourth part of the duty so assessed, as and by way of surcharge or penalty, which assessment shall be subject to subject to »p- an appeal, according to the directions hereinafter contained. 7 — ^When the Collector of Dues, or other officer as afore- Notice of as- said, shall have made an assessment differing from the such case to be return given in, or where no return shall have been given in f^^^- such Collector of Dues, or other officer as aforesaid, shall deliver to the party assessed, either personally, or by leaving it at his place of abode or business, a notice, shewing the assessment so by him made, which notice may be in the form C, to this Law annexed, adding the surcharge or penalty, where the assessment is liable thereto ; and every such assess- ment, so made by the Collector of Dues, or other officer as aforesaid, shall be binding upon the person charged, unless he shall appeal therefrom, as hereinafter mentioned. 8 — Where two or more persons shall be in partnership, in case of p»rt- the license shall be taken out in the name of the firm ; and °*" '^' it shall not be necessary to take out a separate license for each partner. 86 Law 18, 1867. bvwineas''char'e- ^ — Where diiferent places of business, stores, shops, or able. other premises are kept in the name of one person, or firm, a separate license shall be taken out for each place of business, store, shop, or other premises : - Provided, that the opening of another store or place of reception of goods, and at which no sales are effected, shall not be deemed to come within the meaning of this section. STheStf April 10—^11 license under this Law shall for the year one thou- anuualiy. sand eight hundred and sixty-seven, be for the period from the thirtieth day after the passing of this Law to the fifth day of April, one thousand eight hundred and sixty-eight, and thereafter for the whole year, from the fifth day of April in the one year to the fifth day of April in the succeed- ing year : Provided, that if any person or firm shall com- mence trade, or business, or open any new place of business, store, shop, or other premises (except as aforesaid, or where it is only the change of the place of business in the same town, in which latter case notice thereof shall be given to the Collector of Dues, or other officer as aforesaid), during the current year, he or they shall pay the duty, or proportion of duty, for so many quarters of a year (the fractional part of a quarter being reckoned as a quarter), as shall remain of the current year. 11—* 12—* Licengestoma*- 13 — Every master, supercargo, or other person onboard ten of vesseia. ^^ g^^y yggggj arriving in any of the ports of this Island, be- fore he shall sell, or offer for sale any goods whatsoever, shall make a return to the Collector of Dues, or other officer as aforesaid of the parish, and pay the sum in the schedule to this Law annexed, fixed for persons selling goods by retail of the first class, and take out the license therefor, under a penalty, in case of default, not exceeding ten pounds, in ad- *Repealed by sec. 1 of Law 9 of 1873. Law 8, IseY. 87 dition to the duty under this Law ; and every such master, supercargo, or other person shall produce such license to the Collector of .Customs in Kingston, or the Suh-collector at any other port prior to entry inwards of such goods for consumption in this Island. 14 — Every person carrying on, or conducting any news- paper in this Island, shall, in addition to paying the duty and taking out the license by this Law required, give in at the time of paying such duty, and taking out such license as afore- said, to the Collector of Dues, or other officer as aforesaid, of the parish in which such newspaper is published, the title of such newspaper, the place at which the same is published, and the name and residence, or names and residences of the person or persons who is, or are the proprietor or proprietors of such newspaper ; and shall, in case of any change in the proprietor- ship, place of publication, or title of the newspaper, immediate- ly thereupon give in to the Collector of Dues, or other officer as aforesaid, the particulars of any alteration which shall occur in respect of any of the matter aforesaid ; and the name and residence of each proprietor, and the place where the news- paper is published, together with the date of publication, shall be printed at the foot or end of each such newspaper, under a penalty, in respect of each default or neglect of the provisions herein contained, not exceeding three pounds, nor less than one pound. 15 — Every person paying the duty of twenty-five pounds, f 25or £15 li- or fifteen pounds under this Law, and taking out a License cert^^privi- accordingly may carry on, on the same premises, all or any l«ge»- the trades or business for which such License may be grant- ed, and may also, on the same premises, retail his own goods. 1Q — Every person taking out a License to retail spirits or Licenses to te- as a Tavern keeper, under the Law imposing Licenses on **JJ«P'2^«^ spirits, may sell on the same premises wine, malt liquors, wines, &c. and all other description of distilled or fermented liquor, renBe°under without being required to take out a License under this Law. ^^'^ Law. 88 Law 181 1867. Licenses to be taken out where trade, &c. commenced after the year began. 17 — Every person commencing business, or opening a new place of business, store, stop, or other premises (except as aforesaid), stall, within fourteen clays thereafter, make a like return to the Collector of Dues, or other officer as aforesaid, as is hereinbefore required to be made at the commencement of the current year, and shall pay the proportion rightly pay- able for the License under this Law, and shall obtain such License stamped with such proportion of duty. In default Col- lector, &c, may asBeas. 18 — In every case where no such return, as last mentioned, shall be made, or the Collector of Dues, or other officer as aforesaid, shall be dissatisfied with the return sO made, he shall assess the person so commencing business, or opening a new place of business, store, shop, or other premises as afore- said, according to the best of his judgment ; and every such assessment shall be subject to an appeal, according to the directions in this Law contained. Municipal Board of Appeal. 19 — The Municipal Board of each parish shall be the Board of Appeal for such parish under this Law, and they shall sit for such purpose at such times as they shall fix, giving pre- vious notice in the " Jamaica Gazette, by Authority," of the time and place of sitting for hearing appeals under this Law, Clerk of Mnnioi- 20 The Clerk of such Municipal Board shall act as the of the°Bo«rd^of Clerk of the Board of Appeal of the parish, and shall enter Appeal. ^iie decisions of the Board in a book to be by him kept for that purpose ; and all proceedings and decisions made in re- lation to such appeals shall be left with and kept by him. Who may Ap- peal and when. 21 — Any person dissatisfied with the assessment of the Col- lector of Dues, or other officer as aforesaid, may appeal there- from to the Board of Appeal for the parish in which he car- ries on the trade, or business, giving notice, within fourteen days after receiving notice of the assessment, to the Collector of Dues, or other officer as aforesaid, of his intention to ap- peal. Law 18, 1867. 89 22 — The Board of Appeal shall have power and authority, ^^^ °* »p- . . peal may exa- on the hearing of such appeals, to examine the parties and mine upon their witnesses upon oath ; and every such Board of Appeal ?ou^. shall have power to adjourn from time to time, as they may see occasion. 23 — If upon the hearing of such appeal, the Board of Ap- Decision of peal shall be satisfied with the assessment made hy the Col- pe°^'how^o" lector of Dues, or other officer as aforesaid, or shall be of affect assess- opinion that the assessment should be diminished, or increased, ' the said Board of Appeal shall confirm or alter the assess- ment, and they may, if they think fit, allow, add to, or strike off the surcharge of one fourth thereof, and give their judg- ment accordingly,, which judgment of the said Board of Ap- and final, peal shall be final and conclusive. 24 — If any person, upon any examination, upon oath, or af- False evidence firmation, or in any affidavit, declaration, deposition or affirma- P^^'J^'y- tion under this Law, shall wilfully and corruptly give false evidence, or shall wilfully or corruptly swear to any matter or thing which shall be false or untrue, every such per- son, so offending, shall, on conviction, be subject and liable to such pains and penalties as, by the Laws in force, persons convicted of wilful and corrupt perjury, are subject and liable to. 25 — If the several sums by this Law charged for Licenses incaseofnon- shall not be paid, and the Licenses taken out within fourteen Payment of days after the return made by any applicant, where no notice of alteration of the assessment shall have been served or within fourteen days after notice of any assessment made by the Collector of Dues, or other officer as aforesaid, and not appealed from, or within ten days after the determination of such appeal, it shall be lawful for the Collector of Dues, or other officer as aforesaid, without the necessity for any other authority than the direction under this Law, to distrain for the amount of the assessment and surcharge, where surcharge shall have been added and not struck off on appeal, and the costs of the distress, on the goods and chattels of the party 90 Law 18, 1867. liable wherever found, and also upon all goods and chattels found in the place where the trade or business shall be car- ried on, on which a landlord might distrain fof rent in arrear. How distresses 26 — AIL distresses Under this Law may be made upon such ^lih. ^^""^^ ^ property, and shall be kept for such time, and shall be con- ducted, sold, and disposed of as other distresses for duties under the " License and Eegistration Duties' Act 1865," and the " The Tax Collection Act, 1864," or any other Law or Laws which for the time being may be in force in relation to such last mentioned duties ; and all clauses in such Laws for the protection of the person distraining, or which authorize the granting of relief to poor and indigent persons, shall be applicable, and applied in respect to the persons acting under this Law, and the duties hereby imposed. other remedies for duties. 27 — Notwithstanding the remedy given by this Law, the Collector of Dues, or other ofiB.cer as aforesaid, may proceed for the recovery of any amount claimed, and the surcharge, before tlie ordinary Tribunals, and by the ordinary proeefed- ings ; and such proceedings may be brought in the name of such Collector of Dues, or other officer as aforesaid, who shall des- cribe himself by his name and office, and such proceedings shall not abate by the death of the Collector of Dues, or other officer as aforesaid, but may be carried on, and enforced by, and in the name of the successor of such Collector of Dues or other officer. Penalties how recoverable. Schedule part of Law. 28.—* 29 — All penalties under this Law shall be recovered in a summary manner before any two Justices of the Parish where the offender resides, or the offence was committed, and may be enforced by distress and sale of the goods of the offender ; and, in default of goods, by imprisonment not exceeding thirty days, unless the same shall be sooner paid. 30 — The Schedule of this Law shall be incorporated wUh and deemed part of this Law. * Bepeajed by see. 3 of J^aw 1 of 1885. Law 18, 1867. 91 SCHEDULE REFERRED TO IN THE FOREGOING LAW. License to carry on the busineaa of a Merchant, general factor, or wholesale dealer License to carry on the business of a storekeeper, commission agent, auctioneer, if the autioneer carries on business in the City and Parish of Kingston, pawnbroker, or general dealer License to carry on the business of an auctioneer in any other parish of this Island License to the occupier of any store, shop, room, or yard in which there shall be sold, or exposed for sale, by retail, any goods, wares, merchandise, or provisions, exclusive of spirits, for which a special duty is charged by Law- Tn classes as follow : ' Class 1. If the premises in which the same shall be carried on are of the annual value of twenty pounds and upwards Class 2. If the premises in which the same shall be carried on are under the annual value of twenty . pounds, and of or above the annual value of ten pounds Class 3. If the premise^ in which the same shall be carried on are under the . annual value of ten pounds — If in the City and Parish of Kingston If in any other parish of this Island License to carry on tljie business of a "vharfinger License to a, master or supercargo of a vessel, or other person on board having goods for sale, and selling them . I Licejise to the proprietor of a newspaper. £25 16 5 10 5 2 1 5 10 3 92 Law 18, 1867. Imposing Licenses upon Trades and Business. « ■ (9 n \K ;g O tl "S J— tzi 1 «o & HJ O m a CtS U ' f^ ^' ^ oT. ,s g" rd^ U KM 3 "Sg >. -§ ^a 5 gg oT >>.ii .^rfS o n « IcS 0) SiPH ,^ -y o is 'd "** 5^ ^ s S« H 4i^ i-B g S o.h tH P 0^ to 00 3 o S -3 9S> JAMAICA— LAW 19 OF 1867. A Law to Repeal the Statutory Provisions relating to the Declaring of Martial Law* [13 April, 1867.J JAMAICA— LAW 20 OF 1867. A Law to Reduce the Number of Parishes. [23rcZ April, 1867.] WHEREAS some of the parishes in this Island, as now preamble, existing, are much smaller, both in extent and popu- lation than the other parishes, and the equalization of the several parishes in extent and population, and their reduction in number, will tend to a better and more economical admin- istration in the Departments of Justice, Police and Revenue : And whereas it is expedient to alter the LaAv regarding the circuits of the Judges of the Supreme Court in connection with such reduction in the number of parishes : It is enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — 1 — This Island shall consist of fourteen parishes and no This island di- more ; and the several parishes shall be constituted as follows : teenV'^**'h°"' COUNTY OE MIDDLESEX. 1. The Parishes of Saint Catherine, Saint Dorothy and Middlesex. Saint John, forming the present precinct of Saint Cather- ine, and the Parish of Saint Thomas in the Vale, shall constitute one parish, under the name of the Parish of Saint Catherine, and the town of Saint Jago de la Vega shall be the parish town thereof. * Omitted because the Act which it partially repeals, Vic. 9 cap. 35, has heen re- pealed by sec. 2 of Law 36 of 1879. 96 Law^20, 1867. 2. The Parishes of Saint Mary and Metcalfe shall con- stitute one parish, under the name of the Parish of Saint Mary, and the town of Port Maria shall be the parish town thereof. 3. The Parishes of Clarendon and Vere shall constitute one parish, under the name of the Parish of Clarendon, and a place, to be fixed by the Governor, near to Lime Savannah, shall be the head station thereof. 4. The Parish of Saint Ann shall constitute one parish, and the town of Saint Ann's Bay shall be the parish town thereof. 5. The Parish of Manchester shall constitute one parish, and Mandeville shall be the parish town thereof. Surry. THE COUNTY OP SURRY. 1. The Parish of Kingston shall constitute one parish, and shall include the City and Parish of Kingston ; and the following portions of the Parish of Saint Andrew, namely Smith's Village, Hannah's Town, Pletcher's Town, the land on each side of the Slipe Pen road to Torrington bridge, between the Admiral's Pen gully on the one side, and the Race Course on the other, the Race Course, All- man's Town, and the lands south of the south gate of the Camp, and to the westward of the road leading from thence to Lisle's Chapel, as more particularly appearing in the plat or diagram of the said parish, recorded with this Law, together with the town of Port-Royal, and the tract called the Palisades, in the Parish of Port-Royal, within a line to be marked out on the ground, as shewn on the said said plat or diagram, and the head station thereof, shall be in the City of Kingston. 2. The remaining portions of the Parishes of Saint Andrew and Port-Royal shall constitute one parish, un- der the name of the Parish of Saint Andrew, and Half- way-Tree shall be the head station thereof j but it shall Law 20, 1867. 97 be lawful for the Municipal and Parochial Eoad Boards of the Parish to meet either there or in the City of Kingston. 3. The Parish of Saint Thomas in the East, exclusive of the Manchioneal district, and the Parish of Saint David shall constitute one parish, under the name of the Parish of Saint Thomas, and the town of Morant Bay- shall be the parish town thereof. 4. The Parishes of Portland and Saint George, with the Manchioneal district of the Parish of Saint Thomas in the East, extending south to Hector's Biver, and a straight line drawn between the source of thab river and the nearest source of the Bio Grande, shall constitute one parish, under the name of the Parish of Portland, and the town of Port Antonio shall be the parish town thereof. THE COUNTY OF COENWALL. c.mwaii. 1. The Parish of Trelawny shall constitute one parish, and the town of Falmouth shall bethe parish town there- of. 2. The Parish of Saint James shall constitute one parish, and the town of Montego Bay shall be the parish town thereof. 3. The Parish of Hanover shall constitute one parish, and the town of Lucea shall be the parish town thereof. 4. The Parish of Westmoreland shall constitute one parish, and the town of Savanna-la-Mar shall be the parish town thereof. 5. The parish of Saint Elizabeth shall constitute one parish, and the town of Black Biver shall be the parish town thereof. 98 Law 20, 1867. Each enlarged Pariah to have one Municipal Board, &o. Parochial Boad Commiggionera to form Local Committees. 2. — There shall be, in each of the parishes constituted by this Law, no more than one Municipal Board, one Board of Parochial E-oad Commissioners, one Clerk to these two Boards and one Gustos; and the jurisdictions of these Boards, and officers respectively, shall extend over the whole parish, as constituted by this Law. 3 — The Board of Parochial Boad Commissioners may sub- divide itself into local committees and may fix the places where the local committees shall meet: ■ Every such committee shall report its proceedings to the Board of Paro- chial Boad Commissioners and shall be subject to the supervi- sion and control of the Board. Members of Municipal Boards. 4, — ^Where two or more of the formerly existing parishes shall have been consolidated into one parish, as constituted under this Law, all the members of the Municipal Boards, and all the Parochial Boad Commissioners of the former parishes so consolidated, shall form respectively the Munici- pal and Parochial Boad Boards of the parish constituted under this Law; and all the members of the Municipal Boards, and all the Parochial Boad Commissioners of the formerly exist- ing parishes of Saint Andrew and Port Boyal shall be mem- bers respectively of the Municipal and Parochial Boad Boards of the parish of Saint Andrew, as constituted under this Law, and the Municipal Board of the city of Kingston shall be the Municipal Board of the whole parish of Kingston, as constitu- ted under this Law. Governor to a 5— The Governor may appoint any one of the Chairmen point one Chair- of the Municipal Boards and Parochial Boad Boards of any ripaiand Paro- formerly existing parishes, consolidated by this Law, to be the chiai Boards. Chairman of the Municipal Board and Parochial Boad Board of the parish constituted by this Law; and the Governor may appoint any two of the Churchwardens of any formerly exist- ing parishes; consolidated by this Law, to be the Church- wardens of the parish constituted by this Law; and, upon such appointment, the powers and duties of the other persons who were Churchwardens of the said previously existing parishes Law 20, 1867. 99 shall cease and determine ; and the two newly appointed Churchwardens, shall have and exercise the powers and duties as well corporate as other of Churchwardens, over the whole newly constituted parish; and all the real and personal pro- perty of the said previously existing parishes shall vest in the Churchwardens of the newly constituted parish, who shall be a body corporate by the name of "The Church- wardens for the Parish of " (using the name of the newly constituted parish): The Governor shall be empower- ed', at his pleasure, to remove any of the persons named as Churchwardens of any parish appointed under this Law, or "The Law No. 8 of 1866;" and from time to time to appoint others in their places and to make fresh appointments in cases of vacancy. 6 — The Governor may select any one of the Custodes of Governor may any formerly existing parishes, consolidated by this Law, to Cuatodes of any be the Custos of the Parish constituted under this Law, with coMoU^ted^b'' jurisdiction over the whole area of the enlarged parish; and this Law, to be it shall be lawful for the Governor to appoint by commission larged'parfih" such Custos to be the Custos over such newly constituted parish and to include in his commission all or any of the Justices of the Peace for the several formerly existing parishes, and no stamp duty shall be required in respect of any such Custos or Justices ; and it shall be lawful for the Governor to give, by such commission to the said Custos and Justices, jurisdiction over the whole of the parish constituted under this Law. 7— Every Custos and Justice of the Peace, to be hereafter Future Custo- appointed, shall be appointed with iurisdiction over a parish ^^ ^""^ JusticeB ... , 1 ^ ,^ • -r to have jurisdic- constituted by this Law. tion over a parish under 8 — The Clerks of the Peace of the previously existing „, , "^" parishes, consolidated by this Law, shall continue to perform Peace and Ma- their duties as heretofore, and shall conduct the prosecutions to'^tinuT*!^' of offences, charged to have been committed in their said heretofore, previously existing parishes respectively before the Circuit Courts, as fixed by this Law ; the Magistrates' -Clerks of the itOO Law 20, 1867. said previously existing parishes shall, witMn their former jurisdictions continue to exercise the same powers, and per- form the like duties as they respectively exercised and per- formed before the coming into operation of this Law. Court* of Petty 9 — Nothing in this Law contained shall prevent the Courts Sm horio- of 1*6% Sessions being held at several places where they are fore. now held, and the Magistrates' Clerks, or Clerks of the Peace, in their capacity of Magistrates' Clerks , shall themselves, or by their deputies, attend those Courts as heretofore. Appointment 10 — Whenever a vacancy in the office of Clerk of the of Clerks of Peace and Magistrates' Clerk shall occur in any one or two gistrates' Clerk formerly existing precincts or parishes consolidated by this ^ZltaTi'^ Law into one parish, the Governor may, if he think fit, with consolidated the cousent of the Clerk of the Peace and Magistrates' Clerk ^" ■ of the other of the said two formerly existing precincts or parishes extend his jurisdiction and duties over the whole of the consolidated parish, or the Governor may, if he think fit, appoint any other qualified person to act provisionally as Clerk of the Peace and Magistrates' Clerk in that portion of the consolidated parish where a vacancy has occurred, until a vacancy occurs in the other portion of the said consolidat- ed parish; and, in case of a vacancy in the office of Clerk of the Peace and Magistrates' Clerk occurring in the fqrmerly existing Parish of Saint Thomas in the East, the Clerk, of the Peace and Magistrates' Clerk of the formerly existing parish of Portland may in like manner, have his jurisdiction and duties extended over the Manchioneal district, or this district may in like manner be separately provided for provisionally; and, in case of a vacancy in the office of Clerk of the Peace and Magistrates' Clerk occurring in the formerly existing parish of Port Eoyal, the Clerks of the Peace and Magistrates' .Clerks of the formerly existing Parishes of Kingston and Saint Andrew respectively may, in like manner, have their jurisdictions and duties extended over the whole of the now consolidated Parishes of Kingston and Saint Andrew respec- tively, or either one or both of the two divisions of the for- Law 20, 1867. 101 merly existing Parish of Port-Royal may, in like manner, be separately provided for provisionally. ll^The persons appointed to take affidavits in the Supreme ^f°Jjjif^°'"'" and Circuit Courts, and the masters extraordinary of the Court and Ch^n- Courts of Chancery for any parish, or part of a parish united enlwged pariih, by this Law with another, shall, from the coming into opera- tion of this Law, exercise their authority within the enlarg- ed parish, as constituted under this Law. 12—* 13— t 14-$ 15— The Governor shall be empowered, if he think fit, at May appoint^ any time to appoint more than one Coroner to any parish, Coroner, and to prescribe the district in which the jurisdiction of each such Coroner shall extend. 16 — The Collectors of Dues of the several parishes of this ***'^ Island, as existing before the passing of this Law, shall con- tinue to collect and receive, under the powers of the several Acts and Laws of this Island, within the limits of the parishes to which they were appointed, the several taxes and duties until otherwise provided for by Law. 17 — All process and proceedings pending in the now ex- penafngat'com- isting Circuit and other Courts shall be dealt with and de- menoement of termined in the Courts of the several parishes respectively served, constituted under this Law, in like manner as they would have been had such process or proceeding been commenced after the coming into operation hereof ; and all persons bound by recognizance to give their attendance at the said Circuit Courts shall be required to attend at the respec- * Repealed by Section 32 of Law 48 of 1869. t Hepealed by Section 32 of Law 48 of 1869. This Section was subsequently by mis- take again Repealed by Section 13 Law 2 of 1870. X Repealed by Section 97 of Law 18 of 1882. 102 Law 20, 1867. tive Courts hereby appointed to be held in lieu thereof, and the respective Clerks of the Peace shall give notice thereof , accordingly. Commoncemmt 18 — This Law shall come into operation on the first day of of thii L»w. ^^^ ^^ ^^^ ^^^^ ^^g thousand eight hundred and sixty-seven. JAMAICA— LAW 21 OF 1867. A Law for Granting to Her Majesty Certain Sums of Money, Required for Defraying Certain Expenses of the Civil Government, and Certain other Expenses con- nected with the Public Service for the Financial Year One Thousand Eight Hundred and Sixty-Six-Sixty- Seven.* [23rd April, 1867.] JAMAICA— LAW 22 OF 1867; A Law to Amend the Law No. 20 of 1867, as to the Re- turn and Panels of Jurors for the present year.f imh May, 1867.J JAMAICA— LAW 23 OF 1867. A Law to Define the Limits of Towns, with reference to the Law No. 17 of 1867, imposing Spirit Licenses.^ [inh May, 1867.] *Omitted as spent. tE«pealed by sec. 32 of Law 48 of 1869. JRepealed by sec. 2 of Law 2 of 1873. 103 JAMAICA— LAW 24 OF 1867. A Law to Repeal the Twenty-First Section of the " Volun- teer Mihtia Act, 1865." [m June, 1867.] WHEREAS it is expedient that the charge on the Puhlic Preamble. Revenue, for or as a commutation for uniforms to the Non-commissioned Officers and Privates of the Volunteer Militia Companies, should cease and determine : It is enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — The twenty-first section of the Act twenty-eight Victoria, S^p**^"//^ chapter thirty-eight, " The Volunteer Militia Act, 1865," is 21." hereby repealed. JAMAICA— LAW 25 OF 1867. A Law to Revive, Amend, and Continue in Force, for a Limited Period, the Act fixing Salaries for the Clerks of the Peace and Magistrates' Clerks. [18tn June, 1867.] WHEREAS the Act twenty-third Victoria, chapter eigh- P^a^We- teen, entituled, An Act to provide and regulate the sal- aries and fees of the Clerks of the Peace and Clerks of the Magistrates of this Island, a/ndfor other purposes, has expired, and it is expedient to revive, and continue it amended, for a limited period : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council there- of, as follows': — 1 — The said recited Act, with the exception of sections Eecited Act sixth and eighth thereof, and of the schedules B and C there- i^d'^fa^d*"'' * of, is hereby revived and re-enacted, subject to the alterations ScheduiMBand and provisions hereinafter contained. ' 104 Law 25, 1867. PoUcTublb^^ 2— Every prosecution before the Circuit Court, and every prosecutions, proceeding before a Justice of tbe Peace, or Justices of the "■ Peace, in petty sessions, instituted by any member of tbe Constabulary or Police Porce, shall be deemed a public prose- cution, and a duty to be performed in furtherance of the general criminal Justice of this Island, coming within the first section of the said recited Act. ^^f^^ °^- F^!'"^, 3— Every Clerk of the Peace and Clerk of the Magistrates and Magistrates' . "^ ° Clerk to resid* now in officc, Or hereafter to be appointed, shall have his m pans . pfermanent residence within the parish in which he holds his appointment : and from and after the passing of this Law, every Clerk of the Peace, who shall fail to comply with this provision, shall be removable from office in the same manner Proviso. as for any other breach of duty : Provided, that it shall be lawful for the Clerks of the Peace for the former Parishes of Kingston, Saint Andrew, and Port Royal, to reside either in the Parish of Kingston or Parish of Saint Andrew : And pro- Pr«yiso, vided, that it shall be lawful for the Governor to allow any Clerk of the Peace to reside in a parish adjoining that in which he holds his appointment, when it may seem to the Governor to be consistent with the public interests to do so. Not to be ab- 4 — Except with the sanction of the Governor, no Clerk of sent -without -^ . . isave beyond the Peace or Magistrates' Clerk shall be absent from his cer am ays. parish for more than thirty days in the entire year, nor shall any Clerk of the Peace or Magistrates' Clerk be absent from his parish for more than seven days at any one time, except by the leave, in writing, of the Governor, or of the Custos. Future ap- 5^The power heretofore exercised by the Custodes of the Clerks Peace in Several parishes, to appoint the Clerks of the Peace of their Governor. respective parishes shall, upon the passing of this Law, cease and determine, and the appointment of Clerks of the Peace shall from henceforth be vested in the Governor ; and every appointment so made by [the Governor.shall be during pleasure. Law 25, 1867. 105 6— If any Clerk of the Peace or Magistrates' Clerk shall r?°?"yi°"«: ° eeirmg fees to receive any tee to wnicn lie shall not be entitled, he shall which not en- forfeit and pay, for every such offence, a penalty not exceed- *^*^®^' ing five pounds, 7— It shall be the duty of the Clerk of the Peace or Clerk To make etate- „ ,, T,_ . , . . "i , ment of fees on 01 the Magistrates to endorse, upon every process or proceed- process, ing coming for adjudication or otherwise before the Justices of the Peace, each separate item of charge, and the fee for the same. 8 — Every Clerk of the Peace and Clerk of the Magistrates Monthly ac- shall, within fourteen days after the expiration of each month, be made and make up and declare to a full and true statement of all fees s«b«"tted to received by him during the preceding month, m such form as the Governor shall direct or approve, and shall within the period aforesaid, submit such statement to the Gustos of his parish for examination and allowance ; and in case any item therein shall be disallowed the Clerk of the Peace or Clerk of the Magistrates shall forthwith repay the same to the party from whom he received the same. 9 — Every Clerk of the Peace and Clerk of the Magistrates Penalty on not who shall fail to pay back to the party from whom he received dwaUowed! the same, any fee so disallowed as aforesaid, under the last preceding section of this Law, shall be liable, for every ne- glect or refusal, to a penalty of five pounds, besides being responsible in any other form of proceeding in respect thereof. 10 — All penalties under this Law, and the recited Act, shall Recovery of be recovered before two Justices of the Parish wherein such Clerk of the Peace holds his appointment, and may be enforced by distress and sale of the goods of the offender; and in default of goods, by imprisonment not exceeding thirty days, unless the same shall be sooner paid. 106 Law 25, 1867. When fees in n — The fces in schedules A and B of this Law, shall come and B to come into foPCB On the first day of July, one thousand eight hun- m force. dred and sixty-seven ; and, in the meantime, it shall he law- ful for the Clerks of the Peace and Clerks of the Magistrates to receive the fees according to the rates in the schedules to the recited Act as they stood before the expiry of the said Act ; and the Clerks of the Peace and Clerks of the Magis- trates respectively, are hereby indemnified in respect of the receipt of any such fees as last mentioned, which shall have been received by them on and after the first day of April, one thousand eight hundred and sixty-seven, and before the pass- ing of this Law. Continuation 12 — This Law, and the recited Act, as amended, shall con- Dec. 1867. tinue in force till the thirty-first day of December, one thou- sand eight hundred and sixty-seven. SCHEDULE A. FEES OF THE CLBEK OF THE PEACE. Drawing Indictment and attending trial, recording proceedings, and all other business connected therewith ... ... ^ ... £3 In private prosecutions, when not required by the parties prosecuting to act, the fee of the Clerk of the Peace ... ... ... 200 Taking deposition or examinations in all other proceedings, per sheet of one hundred and sixty words ... ... ... ... 16 Entering records, making copies and extracts, per sheet of one hundred and sixty words ... Each certificate to be annexed to proceedings Taking recognizance, each person For each Calendar, not exceeding three for each Court Entering every order of Court ... ,., Each copy Making out and signing each Subpoena or Summons to witness Each copy All proceedings to be returned on writ of certiorari or 'rnandamm, per sheet of one hundred and sixty words Servants' wages, information, and summons, and copy Attending at trial, and all other work connected therewith ... Warrant of distress 1 1 6 1 4 1 6 9 3 1 3 6 3 1 6 Law 25, 1861. 107 SCHEDULE B. FEES OF CLERKS OF THE MAGISTRATES. For every deposition or information ... ... ... 020 Summons or warrant, whenrequired ... ... ... 010 Each copy ... ... ... ... ... 8 Attendance at the trial of each case, including the examination of witnesses, and entering record, and all matters connected therewith ... 3 AflSdavit to ground search and warrant ... ... ... 030 Affidavit and warrant for articles of the peace, or good behaviour ... 4 Each notice ... ... ... ... ... 9 Each copy ... ... ... ... ... 3 Taking recognizance, each person ... ... ... 010 In proceedings for the recovery of any taxes or duties pay- able to the Government of this Island, the fees shall be calcu- lated at one half of the rates above specified. JAMAICA— LAW 26 OF 1867. A Law to facilitate the Eemedies on Bills of Exchange and Promissory Notes, by the Prevention of Frivolous or Fictitious Defences to Actions thereon.* [18th June, 1S67.] JAMAICA— LAW 27 OF 1867. A Law for preventing Frauds upon Creditors by Secret Bills of Sale of Personal Chattels. \_lSth June, 1867.] WHEREAS frauds are frequently committed upon credi- Preambi*. tors by secret bills of sale of personal chattels, where- by persons are enabled to keep up the appearance of being in good circumstances and possessed of property, and the grantees, or holders of such bills of sale have the power of * Repealed by Section 2 of Law 26 of 1879. 10& Law 27, 1867. taking the possession of the property of such persons to the exclusion of the rest of the creditors : for remedy whereof, be it therefore enacted by the Governor of Jamaica, with the ad- vice and consent of the Legislative Council thereof, as fol- lows : — BiUs of sale of 1 — Every bill of sale, of personal chattels, made after the tehto^e void passing of this Act, either absolutely or conditionally, or if not recorded, subject, or not subject to any trusts, and whereby the gran- tee or holder shall have power, either with or without notice, and either immediately after the making of the said bill of sale, or any future time, to take possession of any property and effects comprised in, or made subject to such bill of sale, and every schedule or inventory which shall be thereto an-' nexed, or therein referred to, and every attestation of the execution thereof shall, together with , an affidavit of the time of such bill of sale being made or given, and a descrip- tion of the residence and occupation of the person giving the same, and of every attesting witness thereto, or in case of the same, shall be made or given by any person under, or in execution of any process, then a description of the residence and occupation of the person against whom such process shall have issued, and of every attesting witness, be recorded at length in the office of enrolments at Saint Jago de la Vega, within thirty days after the making or giving of such bill of sale (in like manner as deeds relating to real property in this Island are recorded), otherwise such bill of sale shall, as against all assignees of the estate and effects of the person whose goods, or any of them, are comprised in such bill of sale, under the Laws relating to bankruptcy or insolvency, or under any assignment for the benefit of the creditors of such person, and as against the Provost-marshal-general and his Deputies, and other persons seizing any property or effects comprised in such bill of sale, in the execution of any process of any Court of Law or Equity, authorising the seizure of the goods of the person by whom, or of whose goods, such bill of sale shall have been made, and against every person on whose behalf such process shall have been issued, be null and' void Law 27, 1867. 109 to all inteiits: and purposes wliatsoeTer, so far as regards th.e property in, or right to the possession of any personal chat- tels comprised in 'such hill of sale, which, at or after the time of such bankruptcy or declaration of insolvency, or of the execution by the debtor of such assignment for the benefit of his creditors or of executing such process (as the case may be), and after the expiration of the said period of thirty days shall be in the possession, or apparent possession of the per- son making such bill of sale, or of any person against whom the process shall have issued under, or in execution of which the said bill of sale shall have been made or given, as the case may be. 2 — If such bill of sale shall be made or given, subject to DefeManctdor any defeasance or condition, or declaration of trust not con- ^^^ of°sale°to tained in the body thereof, such defeasance or condition, or ^^ written on declaration of trust shall, for the purposes of this Law, be with biiu of taken as part of such bill of sale, and shall be written before ^*^®' the time when the same shall be recorded, otherwise such bill of sale shall be null and void to all intents and purposes as against the same persons, and as regards the same proper- ty and effects, as if such bill of sale had not been recorded according to the provisions of this Law. 3 — On the debt, (if any), for which any bill of sale as afore- on payment ef said shall have been made or given, being satisfied or dis- ^** satisfaction charged, the grantee or holder of such bill of sale shall cause satisfaction to be entered on the margin of the record of the said bill of sale in the said oflB.ce of enrolments, otherwise it shall be lawful for any Judge of the Supreme Court of Judica- ture, on proof of the satisfaction or discharge of the said debt, to order a memorandum or satisfaction to be so entered upon the margin of the record of the said bill of sale. 4 — In construing this Law, the following words and ex- j , , , . pression shall have the meanings hereby assigned to them, un- clause. less there be something in the subject or context repugnant to suet construction ; that is to say : — no Law 27, 1867. The expression "bill of sale" shall include bills of sale, assignments, transfers, declarations of trust without transfer, and other assurances of personal chattels, and also powers of attorney, authorities, or licenses to take possession of personal chattels as security for any debt, but shall not include the following documents ; that is to say, assignments for the benefit of the creditors of the person making or giving the same ; marriage settle- ments ; transfers or assignments of any ship or vessel, or any share thereof; transfers of goods in the ordinary course of business of any trade or calling ; bills of sale of any goods in foreign parts or at sea ; bills of lading ; warehouse keepers' certificates ; warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorizing, or pixrporting to autho- rize, either by endorsement or by delivery, the posses- sor of such document to transfer or to receive goods thereby represented. The expression " personal chattels" shall mean goods, furniture, fixtures, and other articles capable of com- plete transfer by delivery, and shall not include chattel interests in real estate, nor shares or interests in the stock funds, or securities of any government, or in the capital or property of any incorporated or joint stock company, nor choses in action, nor any stock or produce upon any plantation or lands which, by virtue of any covenant, or agreement, or custom of the country, ought not to be removed from any plantation where the same shall be at the time of the making or giving of such bill of sale. Personal chattels shall be deemed to be in the " ap- parent possession" of the person making or giving the bill of sale, so long as they shall remain or be in or upon any house, mill, warehouse, building, works, yard, land, or other premises occupied by him, or as they shall be Law 27, 1867. Ill used and enjoyed by him in any place whatsoever, not- withstanding the formal possession thereof may be taken by or given to any other person. JAMAICA— LAW 28 OF 1867. A Law for the more effectual Protection of Her Majesty's Xaval and Victualling Stores. I28th June, 1867.J T> E it enacted by the Governor of Jamaica, with the advice J-' and consent of the Legislative Council thereof, as follows : — 1 — This Law may be cited as "The Naval and Victualing Short title. Stores Law, 1867." 2 — In this Law — interpretation of terms. The term "the Admiralty" means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral. The term "dealer in marine stores" means a person bound to conform to the regulations of the " Merchant Shipping Act, 1854," of the United Kingdom, section four hundred and eighty. The term "in her Majesty's service," when applied to persons, applies also to persons in the employment of the Admiralty. The term " stores" includes any single store or article. 3— The marks described in the schedule to this Law in or ^le'de^te'^''^' on her Majesty's naval and victualling stores, denote her her Majesty's Majesty's property in stores so marked. stores. ^ '" 112 Law 28, 1867. Immitation a misdemeanor. Obliteration with intent to conceal her Majesty's pro- perty-j felony. Knowingly re- ceiving, &o., marked stores a misdemeanor. Knowledge of stores being marked pre- sumed against dealers, &c. Offenders may be suinmarily convicted in certain cases. 4 — If any person, without lawful authority (proof of wMch authority shall be on the party accused), applies any of the marks described in the schedule to this Law in or on any such stores as are in the said schedule described, he shall be guilty of a misdemeanor, and shall be liable to be im- prisoned for any term not exceeding two years, with or with- out hard labor. 5 — Ifjany person, with intent to conceal her Majesty's property in any naval or victualling stores, takes out, des- troys, or obliterates wholly or in part any such mark as aforesaid, he shall be guilty of felony, and shall be liable, in the discretion of the Court, to be kept in penal servitude for any term not exceeding four years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement. 6— If any person, without lawful authority (proof of which authority shall be on the party accused), receives, pos- sesses, keeps, sells, or delivers any naval or victualling stores, bearing any such mark as aforesaid, knowing them to bear such mark, he shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding one year with or without hard labor. 7 — Where the person charged with such a misdemeanor as last aforesaid, was at the time at which the offence is charged to have been committed, a dealer in marine stores, or in her Majesty's service, knowledge on his part that the stores, to which the charge relates, bore such mark as aforesaid, shall be presumed until the contrary is shewn. S- — Any person 'charged with such a misdemeanor as last aforesaid, in relation to stores, the value of which does not exceed five pounds, shall be liable, on summary conviction before two Justices of the Peace, to a penalty not exceeding twenty pounds, or, in the discretion of the Justices, to be imprisoned for any term not exceeding six months, with or without hard labor. Law 28, 1867. 113 9 — In order to prevent a failure of lustice in some cases, Persons not , i» 1 T dealers lounu by reason of the difficulty of proving knowledge of tlie fact in possession that stores bore such a mark as aforesaid, if any naval or °ofSf»cfo- victualling stores bearing any such mark, are found in the nly accounting n , -, • IT. • ■ , for the same, possession oi any person, not being a dealer m marine stores, Uabie to penai- and not being in her Majesty's service, and such person, *y- when taken or summoned before any two Justices of the Peace, does not satisfy the Justices that he came by the stores so found lawfully, he shall be liable on conviction by the Justices, to a penalty not exceeding five pounds ; and if any such person does satisfy the Justices that he came by the stores so found lawfully, the Justices at their discretion, as the evidence given, and the circumstances of the case require, may summon before them every person through whose hands such stores appear to have passed ; and if any such person as last aforesaid, who has had possession thereof, does not satis- fy the Justices that he came by the same lawfully, he shall be liable, on conviction by the Justices, to a penalty not exceed- ing five pounds, 10 — Eor the purposes of this Law, stores shall be deemed Possestion ex- to be in the possession or keeping of any person if he know- ^ ""* ' ingly has them tn the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, opened or enclosed, whether occupied by himself or not, and whether the same or so had for his own use or bene- fit or for the use or benefit of another. 11 — It shall not be lawful for any person, without permis- -^^ unautho- sion in writing from the Admiral, Commodore, or Senior rized person to If aval Officer in command at Jamaica, or from some person &c,,fpr store's a,wthorized by the Admiralty, in that behalf, to creep, sweep, f^-Jj'^gj'^^ . , dredge, or otherwise search for stores in the sea or any tidal of docic yards, water in. or ftbout tlijs Island, within one hundred yards from any vessel belonging to he^r Majesty, or in her Majesty's ser- vice, ,Qr from any mooring place or fj,]ic,tio^ing place appro- .pria,ted to puph vessels, or from ^ny moorings belonging tp her Majesty, or from any of her Majesty's wha-rves or dock- H &0. lU JLaw 28, 1867. yarA blue line in serpentine . ] form A double tape in the wrap. Blue or red cotton thread in each wick, or wicks of red cotton. The broad arrow. JAMAICA— LAW 29 OF 1867. A Law for the Better Prevention of Contagious Diseases.* lim July, 1867.] ""♦ Re pealed by sec. 1 of Law 8 of 1887. 116 ' JAMAICA— LAW 30 OF 1867. A Law to Provide Duties by Licenses and Eegistrations, and for the Payment of Land Tax. [16th Juhj, 1867.] Preamble. TT THERE AS the Act twenty-eighth Victoria, Chapter VV twenty-eight, " The License and Registration Duties Act, 1865," is about to expire, and it is expedient to continue the duties under the said Act, as amended : It is Enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : — PosaesBors of 1 — On the first day of August in each year, or within ten nS retuniB ^ays thereafter, the occupier or possessor of each item of pro- pay duties, and pertv hereinafter enumerated, who is not by this or some under this Law. other Act or Law exempted from the payment of taxes or duties by this Law imposed, and every person keeping or using fire arms, shall set forth a statement of such property, according to the form to be obtained from the Collector of Dues, and declare to the truth of such statement, and pay the Collector of Dues in respect thereof the Duties hereinafter specified, and obtain from him a License for the same : Duties. ^OJ" every house of the annual value of twelve pounds, or upwards, at the rate one shilling and six pence in the pound, of such value £0 16 Each head of horse-kind used for any pur- pose whatsoever upon a Main or Parochial Road, eleven shillings 11 Each head of horse-kind used solely for hire and for livery stable purposes, seven shillings 7 Each ass, three shillings and six pence * 3 6 Each head of horse-kind, &c.* * Item Repealed by sec. 1 of Law 14 of 187Q. Law 30, 1867. Ill Each head of working cattle &c.* Every other &c.* Each wheel of a carriage, fifteen shillings. 15 Each wheel of a carriage, used solely for hire and livery stable purposes, ten shillings. 10 Each head &c.* . . . Each boat, &c.* Each Canoe or Boat, &c.* Each wheel of a Cart, six shillings 6 Each wheel of a Hackney Carriage, twen- ty shillings. . . 10 Each fire-arm, registration of, and License to use on the premises of the owner of such fire-arm, two shillings . 2 License to keep and use otherwise, eight shillings . . 8 2 — Every person in possession of land as owner, tenant, Return of knd or in any other character, shall on the first day of August, *»^ *<> be made, or within ten days thereafter in each year, pay to the Col- lector of Dues of his parish, or of the district of the parish in which he resides, the full amount of the Tax by Law imposed thereon, without any deduction for discount, and obtain from him an acquittance therefor ; and the eighth, ninth, and nine- teenth sections of " The Main Eoad Eund Act, 1857," (twen- ty-first Victoria, chapter thirty-four), are hereby repealed, but without prejudice to any act done, or pending thereunder. * item repealed by* sec. 1 of Law 14 of 1870. 118 Law 30, 1867. Ab to assign- 3 — Any assignee of property liable to tax or duty under perty'on whTch this LaAV, wliicli shall come into his possession, or occupation been ^ lid^ ^^^^^ ^^^ ^^^^ ^^^ °^ August in any year, the tax or duty upon which had been previously paid, and the License or ac- quittance for the same transferred by the assignor to him, and any person who shall acquire property after the period mentioned, in substitution of property of the like description upon Avhich the duty imposed by this Law had been paid, but which had been destroyed, or had become unserviceable, shall not be liable to pay any tax or duty upon such property ; and the tax or duty so j)reviously paid shall cover, and the License or acquittftnce in respect thereof shall protect and enure to the property so acquired : In every such case the License shall be produced to the Collector of Dues, Avho shall make a memorandum thereon of the transfer or ac- quisition of the property transferred or acquired as afore- said.* What required 4 — The assignor of any property, for which a License has IS such case. ^^^^^ obtained, shall, upon transfer thereof, specify in the bill or receipt for the same, whether the License is also trans- ferred, and if transferred, give in such bill or receipt the number, date, letter, and parish of the License ; in default of such bill or receipt, or if it shall not convey the information aforesaid, the assignee of the property shall pay the duty, and take out a fresh License for the same : The assignor of property, and of the benefit of the License for the same, shall not be entitled to occupy or possess any other item of pro- perty of the like description in substitution of the transfer- red property, without paying the duty thereon, and obtain- intr a fresh License for the same.* Licenses to 6 — The License obtained by any person during his life- enure to per- ^ixxxe shall, upon his death, enure to his personal representa- tatives aud as- tives, or their assignees, for the residue of the term thereof ; * Bidue'of'terra. and in all cascs of assignment of property, on which the duty >l< Incoporatad by sec. 13 of Law 36 of 1881 with that Law, subject to its provisioas, Law 30, 1867. tM has been paid, and the License for the same transferred, such License shall ennre to the assignee for the residue of the term thereof.* 6 — Whenever any property liable to Tax or Duty under When property this Law shall belong to, or be held in trust for any person mate of famny, who shall be an inmate or member of any family, the principal Jial)le 1, 1 • ■ ^ 1 i? 1 J- -1 1 11 1 '' . f^ the duties. neaa, or principal member oi such lamily shall be responsi- ble for payment of the Taxes or Duties thereon, and liable to the penalties imposed by this Law in respect thereof. 7 — Any person who shall, at any time after the first day of As to duties in August in any year, enter into the occupation of any land or 'aspect of pro- o ^ J ' 1 i! perty acquired house chargeable with Tax or Duty, or become possessed of any during the dutable property which, has not been Licensed or registered, igt^August, or whereon the Tax or Duty shall not have been paid as afore- said, shall be liable to pay the whole or a portion of the Tax or Duty by Law imposed, according to the time which will elapse between the period when he entered into the occupa- tion of the land or house, or become possessed of the proper- ty, and the next recurring period for the payment of the tax or duty thereupon, such time to be computed from the first day of the quarter during which the occupation or possession commenced, at the rate of one fourth of the whole annual tax for each quarter, or fractional part of each quarter of a year.* INTERPRETATION CLAUSES. 8 — The word " house" shall mean every inhabited or oc- '• House." cupied dwelling-house, shop, store, wharf, warehouse, ofllce, ^ ° ' or place of business, of the annual value of twelve pounds, or upwards ; and shall, for the purpose of such valuation, include and comprise the out-ofiices, yards, and curtilages ; and, for the purposes of taxation under this Law, the true annual value of every house shall, when tenanted at a rent. ♦Incorporated by sec. 13 of Law 36 of 1881, with that Law, subject to its proVisionB, 130 Law 30, 1867. be taken to be the rent actually payable tbereon by the year ; aiid where otherwise occupied, the full and just yearly rfent at which the same is really and bona fide worth to be let shall be taken as such true annual value. Landlord liaijle 9 — Where any house shall be let in different sub-divisious, tion'fet'stveral ^""^^ shall be occupied by several persons or families, or by the owner thereof, together with one or more persons, and the aggregate rents and value thereof shall amount to the sum of twelve pounds or upwards, such house, shall be charg- ed with the duties under this Law, as if the same was occupi- ed by one person, or by one family only ; and the landlord or OAvner shall be deemed, for the purposes of taxation, the oc- cupier thereof, except where the duty shall have been paid, and the house registered by some other person. Houses which 10 — The Tax or Duty on houses Avhich were, by the " The P*yJ^^2«;^^"j(, License and Registration Act, 1865," exempted from duty, 1867, not to be ' but which is charged and payable under Law No. 10 of 1867, year^iser'un-* ^hall uot bc charged or payable under this Law for the year der this Law. gue thousand eight hundred and sixty-seven. Interpretation n — The word " Carriage" shall mean all spring carriages used for the transport of persons on business or pleasure. 2. The word "cart" shall mean every cart, dray, -vVag- gon, or wain, whether on springs, or not, used for burthen, 3. The Words "hackney carriage" shall mean every wheel carriage plying for hire in any town, or for the carriage of passengers. 4. The word "firearms" shall mean every musket, fowling piece, gun, carbine, rifle, pistol, or revolver. 5. The word "horsekind" shall mean every horSe, mare, colt, filly, gelding, or mule. 6. The words " working cattle" shall mean all bulls, cows, speyed heifers, steers, horses, mares, geldings, and niules, xised or woAed on or within tKe limits of an estate, and all horned stock used on estates, and for carrying produce or other commodities for, or on account of any estate or plantation. 7. The word "boat" shall mean any canoe, wheiry, lighter, or other boat. 8. The word " estate" shall mean any land from which five hogsheads or forty barrels of sugar, or thirty-five hundred weight of coffee shall be produced, or pimento to the extent of twenty-five bags of one hundred and twenty pounds weight each, as an annual average is gathered. 9. The word " pen" shall mean any land upon which forty head of breeding and other stock are kept and li- censed. 10. The words " Collector of Dues" shall mean any person appointed, or to be appointed, to get in or receive the duties hereby imposed. FIREARMS LICENSE. 12 — The respective registrations or licenses to keep and to Firearms li- use firearms shall be personal and shall not entitle any person "^"^^ p®'^^"''*'' ■ not licensed to keep, carry, or use firearms, unless he be the servant of a licensee for that purpose, and shall carry or use the same in his master's service, and within the limits of his property. 13^- Any Policeman or Constable may require the produc- Firearms may tion of his license by any person carrying or using any fire- PoiTceman or arms otherwise than on public service ; and if such license is Corstabie in not produced, he may seize and convey the firearms to the next Court of Petty Sessions of the Justices, who, in case of non-production of a license, and satisfactory evidence that the same had been obtained prior to the seizure, shall order im Law 30, 1867. that such firearms shall he detained for ten days, and then sold, unless earlier redeemed. Duties of or above jLi-. may be paid in moieties. PAYMENT IN MOIETIES. 14 — Whenever the duties imposed by this Law shall amount to or exceed the sum of four pounds, they may be paid by moieties, the first on or before the tenth day of August, and the second on or before the tenth day of Eebruary then next succeeding ; and, upon payment of the first moiety, the Col- lector of Dues shall grant the license by this law required and so in like manner upon the payment of the second moiety. How to be en- tered by Col- lector. 15 — The duties to be paid by moieties as aforesaid, shall be entered and registered by the Collector of Dues separately, and apart from those paid in full ; and the licenses issued and granted for moieties shall have the word " moiety" written or printed legibly on the top, and along the margin of the same respectively. LICENSE EOE CARTS. . Separate letter and number for each parish to be assigned for carts, &c. Letter and number to be % on cart, &c. 16 — The Collector of Dues shall deliver to the persons enti- tled thereto, licenses for carts, hackney carriages, boats, and fire arms, and each such license shall state the distin- guishing letter assigned by the Revenue Commissioner to the parish for the year, and shall be marked and distinguished conformably therewith, and shall be numbered in each sepa- rate class with the number assigned thereto in the license granted by the Collector of Dues ; and a separate number shall be assigned to, and a separate license issued for each cart, hackney carriage, boat, and firearms ; but any number of fire- arms may be included in a license for the same. 17 — The letter and number mentioned in the license for every cart, hackney carriage, or boat, shall be painted at the right side of such cart, hackney carriage, or bow of such boat in legible letters and numbers, of the size of at least two inches, in white, on a dark ground. Law 30, 1S67. 123 EXEMPTION FROM THE PAYMENT OP DUTIES UNDER THIS LAW. 18 — Horses used by Officers of the Army, for the keep of Horses allow- whicli an allowance is granted by her Majesty's regulations, offic°ers/and^^ are exempted from taxation under this Law ; and houses be- fj^^^ ^^^^1°' longing to the Crown, or to the Colonial Government, and &c. exempted school houses, except in so far as they may be used as dwelling u°d^j tUs Law. houses, are also exempted from taxation under this Law. 19 — Railway and tramway trucks and carriages shall not Railway and be liable to seizure, nor shall any such truck or carriage be tru™kT^&c. and liable to the payment of any tax under this Law, so long as "arts on estates used exclusively upon the railway or tramway ; or carts used empfed!* ^^ upon an estate or pen shall not be liable to seizure, nor shall any such cart be liable to the payment of any tax under this Law, so long as used exclusively within the limits of the estate or pen to which it belongs, or upon any public road running through such estate or pen, and within the limits of the same. DURATION OP LICENSE. 20— Each license under this Law shall be in force from the Duration of li- 1st day of August in each year, or from the day on which juiy of each granted, until the thirty-first day of July next succeeding. y^^^- » DUTIES OP COLLECTORS OP DUES. 21 — The Collector of Dues of each parish, or district of a Collector of parish, shall fill up, . in consecutive order, in the book to be £nse°in'*ton-' for that purpose furnished to him, and in which book the li- secutive order, cense and counterfoils thereof shall be numbered from one scribe same in onwards, each license grajited by him, and also insert the \°°\^° ^t'^^^* particulars thereof in the counterfoilof each license, and shall and make re- ' cut out and deliver to each person paying the taxes and duties jntonMs.'^ under this Law the license for the same; and he shall also transcribe the same in numerical order in a book to be kept in his office for that purpose, in such form as shall be prescri- bed by the Revenue Commissioner, which book shall be open lU Law 30, 1867. to public inspection; and. lie shall transmit to the Receiver- general, on or before the thirtieth day of September in each year, a statement, declared to before a Justice of the Peace, of the total number of persons who shall have paid taxes or duties, with the aggregate of each head or division of items of pro- perty, and the total of such payments up to twenty-eight day of September ; and, within five days after the termination of each month, shall transmit a similar statement for the period elapsed since the date to which the last return was made, in such form as the Revenue Commissioner shall from time to time direct, shewing the number, in consecutive order, of the licenses issued by him during the then preceding month, with the names of the taxpayers, the items of property, and sums paid by each, and the gross aggregate receipts of such month (including land tax) ; and he shall, at the same time transmit to the Receiver-general, or otherwise, as by law required, the full amount of all such duties and monies received by him. Collector of REMUNERATION OE COLLECTORS OE DUES. Dues to be paid by salary or otherwise, as 22 — Each Collector of Dues shall be paid such salary or re- Governor shall ,. n r~{ t ^^ t , direct. muneration as the liovernor shall direct. DUTIES OE POLICE IN EXECUTION OE THIS LAW. se^ze property 23 — Every item of property liable to duty, but which shall aud asTo^ca'rts ^^^ ^^^^ P^^*^ duty. Or have been licensed, and also every cart, &c., if not let- hackney carriage, or boat which shall not be lettered or num- b«ed°'^ °"™ bered according to the register of the parish as directed by this Law, and whether the same is being used or not, shall be seized by any Policeman or Constable, and conveyed to a Justice of the Peace, who may direct the same, and all goods found in the cart, hackney carriage, or boat so seized (except the party in charge shall think fit to remove the said goods), ' to be kept until the case can be adjudicated by the Ju.stices in Petty Sessions, who may direct the property so seized to . be detained until redeemed or sold. Law 30, 1867. 125 24— Out of the proceeds of such sales the Collector of Dues On sale thereof shall be paid the amount of the taxes or duties and the costs penlTs to'lr and charges of taking, keeping, and selling in the property S/"^"'" P™' seized, not exceeding one shilling in the pound, and a further sum of two shillings to the seizing officer, and the surplus, if any, shall be returned to the owner or persons from whom the property was so taken. 25 The owner or persons from whom the property was so Owner, &o., may taken may, at any time before the sale thereof, redeem the S'^™ ^^^°'^ same, by complying with this Law, and paying the sum of two shillings to the seizing officer, and the charges on taking and keeping the property, not exceeding one shilling per diem ; and the Collector of Dues shall thereupon grant the necessary License as hereinbefore directed'; upon production of which the property shall be restored ; but any Justice of the Peace may direct the seizing officer to sell immediately, by public outcry, any goods seized that may be of a perish- able nature, and to apply the proceeds of such sale to the like purposes as herein directed ; and notwithstanding such seiz- ure and sale, the penalties for the breach of this Law may be sued for and enforced against the offender. EVASIONS OE THE LAW. 26 — Any person allowing his license to be used by any Penalty on us- other person, in contravention of this Law, shall be liable to o^inother^per- a penalty not exceeding ten pounds, nor less than two pounds ; *""• and any person using such license as aforesaid, shall be liable to a like penalty. 27 — Any person who shall counterfeit or forge, or cause Or Forging licens- procure to be counterfeited or forged, or aid in counterfeit- ^jgrs^ ^g^' "**™' ing or forging any license, registration letter, number, or mark, or painting, or impression whatsoever, required by this Law, or who knowingly shall utter, give or procure to be given, or make use of, or procure to be made use of, or ac- cept, or receive any counterfeited or forged license, registra- 126 Law 30, 1867. tion letter, number, or mark, or painting, or impression Avhat- soever, required by tbis Law in any respect or particular, sball, for every offence, on conviction be adjudged to pay the sum of ten poiinds, and to be imprisoned witb bard labor for any period not exceeding six calender months. GENEEAL PROVISIONS. ^'fT^bi' f ° ' ^^ — ^'^ receipt or license, registration eetiflcate or process stamp duty. Under tbis Law, sball be subject or liable to any stamp duty. Eevenue Com- 29 — The Revenue Commissioner may refund any amount fund over-paid of license duty wbicb may appear to bim to have been over- ^'^*'^'- paid. Revenue Com- missioner io ad- vertise letter and number of eacb parish. 30 — The Revenue Commissioner shall determine, and by public advertisement in the " Jamaica Gazette by Authority," communicate to the Collector of Dues, or respective Collectors of Dues of each parish, the distinguishing letter of his parish, to be affixed to licenses for the then ensuing licensing period or year, and the same shall be the distinguishing letter of the parish for that period or year, and shall be inserted in each license under this Law accordingly for such parish. Revenue Com- 31 — The EWvrn f or" ** 37^Before a writ of replevin shall issue in respect of any taxes may iggtre, goods or chattels distrained on for duties or taxes, the clai- mant shall file an affidavit showinsr how and in Avhat manner "■» the goods .and chattels so distrained on were not so liable, and the grounds upon which the adverse claim is founded, and shall procure. an order of a Judge of the Supreme or othei? competent Court, authorizing the issue of such writ of replevin, an attested copy of which order shall be served with the copy declaration of replevin; and the Provost-marshal-gener- al, or his deputy, befdre executing any such writ, shall re- quire the joint and several bond of the plaintiff, and of two suffieient sureties, to be approved of by the Provost-marshal- general, or his deputy, and by the Collector of Dues, Collec- tor of Rum Duties, or other officer as aforesaid, in a penalty to the Collector of Dues, Collector of Rum Duty, or other officer as aforesaid, sufficient to cover the value of the go®ds to be replevined, and the further sum of fifty pounds to cover the probable costs, and to be conditioned for the p^iynient of the sum distrained for, and of the costs of distress,, and of the defence, or for a return of the goods, and payment of the defendant's costs, in case of judgment against the plaintiff, or of a nortsi^it or discontinuance ; and unless such attested :^m m m^i ail oofir W^et'! sbsmi W se^^d with. tl^. copy declaratjison, ap4 8U!^)]>boad be delivered a^ aforesaid^ the Provost-marshal- geaeral or his depu<^ shall abstein from executing such 38— An action of replevin shall not abate by the death of ^®P^*y'"?°*j*° the defendant, but shall be continued by suggestion and sub- of officer. stitutioil of the person on whom his rights shall devolve ; and evej*y such replevin shall, when issued from the Supreme Coiii't, be tried at latest within two Courts after issue joined, unless the Supreihe Court, or Judge of the Circuit Court, shall retain the same for sufficient cause, on oath, or unless the same shall be continued at the instance of the defenc^ant; and unless so tried, the action shall thereupon be peremp- torily discontinued without any order for the purpose ; and if the amount distrained for, and the costs of suit be not paid, OB tbe^^ods and chattels returned, and costs paid upon de- DDftnd, the^ Collector of Dues, Collector of Hum Duties, or other officer, may enforce the penalty of the bond against the paity and his sureties, without prejudice to the defen- dant's other remedies for the recovery of his costs. d&. — In, any action to be brought against any Collectoj" of Pleading by Coi- Siues, Collector of B,um Buties, or other officer or person, foi* replevin."' °^ any distifCSS or other act in the execution of his duty, the de- fendaa,t may, with the plea of not guilty, make avowry of,, or justify the taking of the said; distress, or any such other act chared, and allege generally that the same was so made or d^ne by virtue of this or any other Law in that behalf, without setting forth any other matter or circumstance con- stituting such justification; and the plaintiff mg-y reply there- to the general replication de injmia, and upon the trial of the issu^ thereon the whole matters relied upon by both parties may be given in evidence. 40 — lii any action to be brought for recovery of the value Damages reco- of any distress for duties or taxes which may have been sold, crfieotor^."* no greater damages than the net proceeds of sale, after pay- ment of all expenses attending the same, shall be recoverable, 188 Law 32, 1867. -unless the plaintiff shall prove that by fraud, Or want of care, the distress hath been sold at an undervalue, or that before the sale he had given written notice to the Collector of Dues, Collector of Eum Duties, or other ofl6.cer, or person distrkfn- ing, of his intention to replevy such goods, within a ,time to be mentioned in such notice, not exceeding ten days from the taking, and had req[uired the sale to be delayed to enable him. to replevy the same, a,nd tendered a reasonable sum to c^ver the additional expenses occasioned thereby, and that the, sale was notwithstanding proceeded with before the expiration of such time. , 41—* JRecovery of penalties, f orr feitures, and taxes by other process than distress. RECOVERY OE PENALTIES. 42 — ;A11 penalties and forfeitures imposed by this Law, • or by "The License and Registration Duties Law, 1867," or by any other Law in force for raising and imposing duties or taxes,, may be recovered, and all taxes, duties, and arrears, required to be paid to the Collector of Dues, or other officet as aforesaid, and not paid to him pursuant to the provisions of this Law, or "The License and Registration Duties Law, 1867," or other such Law as aforesaid, as well as the sur6harge thereon, may, instead of the process of distress hereinbefore directed, also be recovered in a summary manher before two Justices of the Parish wherein such offence or default was committed, or the offender or defaulter resides; and,' in case of non-payment, may be enforced by distress and sale of tKe offender's or defaulter's goods, or imprisonment not exceeding three months, unless such penalty, taxes, duties, arrears, and costs shall be sooner paid, and uiay be enforced under the provisions of the thirteenth Victoria, chapter thirty-five, or any other Act or Law in respect to summary proceedings, aud the, forms of the said last-mentioned Act may be adapted to meet the requirements of this Law, and " The License and Registration Duties Law, 1867," or other such Law as afore- * Repealed by Section 1 of Law 14 of 1869, .Law 32, 186V. 13& said ; and, iiotwitlistandmg aiiytiiiiig in tlie said Act of tlie thirteenth Victoria, chapter thirty-five contained, the taxes, duties', and arrears, and the surcharge, and any penalty at- taching to such non-payment, may he included in, and re- covered in one proceeding. 43 — Nothing in the said Act, thirteenth Victoria, chapter No limitation thirty-five contained, shall preclude the Collector of Dues, or for taxeT^^'^^ other Officer as aforesaid, from proceeding hy distress, or un- dej the provisions of the preceding section, for the recovery of the said taxes, duties, arrears, and surcharge, at any time until full payment shall have heen made to the Government of this Island for the same. 44 — In all legal proceedings,' the production of a certificate, ^ertthi^^officeL purporting to he signed by the Receiver-general, or other evidence. officer to whom the duty shall appertain, or by any Collector of Dues, or other officer as aforesaid, stating the number and description or the value of property, in respect of which the person therein named appears to have paid taxes or duties ; and any hook, record, statement, or return made by any of those officers in the execution of this Law, or " The License and Registration Duties Law, 1867," or other such Law as aforesaid, shall be received as prima facie evidence of the truth of the statements therein contained ; and. any certificate,, pur- porting to be signed as aforesaid, that the person ther.ein liamed does not appear, ' from any document in his office, au- thorized to occupy, or keep, or use any property within the meaning of this Law, or " The License and Registration Du- ties Law, 1867," or other such Law as aforesaid, or any greater number of any such items respectively than shall be ex- ' pressed in any such certificate, shall be also received as prima facie evidence of the truth of the facts therein stated. 45 — ^The Justices adjudicating under this Law may award justices mav to the informer a sum not exceeding a moiety of the penalty g"'^ moiety of ... J '■ '' penalty to in- to be imposed. • former. UO Law 32, 1867. APPLICATION OE LAW. ^t^t*'^*"^^ 46 — The powers and provisions of this Law shall apply to flie collection the Collection and enforcement of all taxes, duties, and penal- othOTwise^pro- ^^^^ which are or shall be raised or imposed by any Law not vided for. otherwise specifically providing for the collection of the same. Repeal of Acts. ^(7 — rpj^g j^^^ ^^ ^^le twenty-seventh Victoria, session one, chapter thirty-one, to provide for the collection of taxes, is hereby repealed, but without prejudice to any Act or pro- ceeding done or commenced thereunder ; and every proceeding commenced may be carried on to completion, and any offence committed against, or penalty incurred under any provision of the recited Act, may be punished or enforced, notwith- standing such repeal, agreeably to the provisions thereof. Short Title. 48 — This Law may, for all purposes, be cited as " The Tax Collection Law, 1867." JAMAICA— LAW 33 OF 1867. A Law to Provide for the Better Security of the Public Eevenue. [13^/i August, 1867.] Preamble. 'TTTHEB-EAS it is expedient to provide for the better secu- T T rity of the Public E-evenue, in the manner herein- after mentioned : It is enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1—* 2 — * 3—* Repealed by sec. 10 of Law 45 of 1872. Law 33, 1867. • 141 4 — The security given by any person now in the collection, Present secu- receipt, or payment of the Public Revenue shall, notwith- Th! meantime!" standing the passing of this Law, continue and be in force until such person shall be required to give security under this Law. 5—* 8 — The Island Secretary shall keep a separate book for re- island Se cr» cording all bonds to the Crown, and an index thereto. ^ra°i'book* and iadez for 9 — * Crown Bonds. lO^Immediately upon the filing of any declaration, and ^Uing of action an entry thereof made by the Clerk of the Court, in a book to and*enti7°i^"' be kept for that purpose, against any person having, or who ^^^^^ °^ ^"■ shall have had the collection, receipt, or payment of any mo- equal to rogis- nies of the Public Revenue, his heirs, executors, or adminis- ment.^"*^^ trators, or against any surety upon any such security bond, under this or any former Law, his heirs, executors, or admin- istrators, all the lands, tenements, and hereditaments of, or to which any such person, principal or surety as aforesaid, his heirs, executors, or administrators shall, at the time of filing such declaration, or at any time afterwards be seized, possessed, or entitled for any estate or interest whatsoever at law or in equity, whether in possession, reversion, remainder, or ex- pectancy, or over which such person shall have any disposing power, shall be charged with, and bound by the said declara- tion, and all damages thereafter to be entered upon, or assessed in respect thereof, as fully and effectually as if a judgment had been entered up and registered in the Supreme Court. 11 — Upon affidavit, shewing that any person having, or Attachment having had the collection, receipt, or payment of any monies ""^^ "*"® * Repealed by sec. 10 of Law 45 of 1872. Law 33, 1867. against person in collection, receipt, or pay- ment of Public Revenue not paying ovfir or accounting for money. of the Public Eevenue, hath neglected to pay or accoiant for any sum of money by him. received, a Judge of the Supreme Court may issue an attachment, to be tested as of the date of its issue, directed to the Provost-marshal, or his deputy, au- thorizing him to arrest the body, and to seize and secure the goods, chattels, and personal property of such person where- soever the same can be discovered and found ; and in case the accounts of such person shall not be duly delivered, or the monies detained by him shall not be paid or satisfied to the lleceiver-general, or otherwise, as by Law directed, within fourteen days after suph seizure, or if the sale shall not be stayed by order of a Judge, as next mentioned, the PrOvost- marshal, or his deputy, shall sell and dispose of all such goods, chattels, and personal property so seized as aforesaid, or such part thereof as may suifice to satisfy and pay the sum so due and unaccounted for, together with the costs of re- covering the same ; and the surplus, if any, shall be restored to the person against whom such attachment shall have issued. Judge, on ap- plication, may admit to bail or stay execu- tion. 12 — Any person, against whom such attachment shall issue, may aj)ply to a Judge of the Supreme Court, upon affidavit, to be admitted to. bail, or for a stay of execution under the said attachment, to enable him to make application to the Supreme Court to discharge the same, and the Judge may make order accordingly. Govern or may direct dis- charge of prin- cipal or surety imprisoned. 13 — It shall be lawful for the Governor, upon application of any person who shall have had the collection, receipt, or payment of any monies of the Public llevenue, or of any surety of such j)erson Avho may be committed to prison under any process or judgment against such person or surety in re- spect of such monies, or on his bond, to direct his discharge from imprisonment in respect of his detainer under such pro- cess or judgment ; and an order in Avriting, signed by the Re- venue Commissioner for the time being, shall be a sufficient authority to the keeper of the gaol or prison, in which any such person shall be detained, to discharge such person out of Law 33, 1867. 14a- custody ; but no such order, nor the discharge thereunder, ^o* *» "flfect shall operate to satisfy the said process or judgment, or to discharge the liability of any other person liable jointly with such person as surety, or with such other person so discharged. 14 — Upon full performance of the condition of the bond of 9" ^'^^ P®""" . formanceoi any person entrusted with the collection, receipt, or payment condition of of any portion of the Public Revenue ; and, upon the final S dSfharge discharge of any such person from his office, and on the cer- of officer, bond tificate in writing of the officer authorized to pass his accounts, up,''^andfatis that the same have been duly audited and passed, such person, or his sureties, shall be entitled to have delivered up to them the bond or bonds entered into by such person ; and also at the public expense to have satisfaction entered on the margin of the records respectively of the said bond, and of any judg- ment recovered thereon. faction entered. SCHEDULE A.* .. •■ 1 SCHEDULE B.* L i »hiii ;,»»'! ' \) ' . JAMAICA— LAW 34 OF 186?. A Law to Authorise the Jamaica Eailway Company to Make and Maintain a Branch or Continuation Line of Railway from Spanish Town to Old Harbour, and for Raising Additional Capital.f [6th September, 1867.] * Eepealed by Section 10 of Law 45 of 1872. t Eepealed- by Section 1 of Law 22 of 1868, 144 JAMAICA— DAW 35 OP 186^. A Law to provide iJistrict Courts.* lllth October, 1867.] JAMAICA— LAW 36 OF 1 867. A Law for the Trial of Small Causes.* [1,1P«°«"y- offered or exposed for sale hy such offender, may be distrain- ed on, and sold for, or towards payment of such penalty. 12 — If any person or persons shall produce or show any I'enaltyon forged or counterfeit license for the purpose of evading this 1*0°'^^^''^^^ go^^. Law, every such person, on conviction before any two Justices terfeit license, of the Peace, shall, for every such offence, forfeit a sum not exceeding five pounds ; and in default of immediate payment of such penalty, be and stand committed to any prison of such parish, for any period not exceeding ninety days, with or without hard labour, as to such Justices shall seem meet. 13— In case any person shall lend or hire any license which Penalty on il- shall have been granted as aforesaid, or shall permit any withlicense, transferable license to be used otherwise than by this Law permitted, or shall trade with, or under colour of any license which shall not have been granted to him, or, in the case of a transferable license, which shall not have his name endors- ed thereon, every person so offending shall, for every such offence, forfeit and pay a sum not exceeding three pounds. 14 — Any person who, being entrusted with a license trans- Penalty on re- ferable as hereinbefore mentioned, shall refuse or neglect on to^ownertrans- demand to restore it to the party to whom it was granted, shall, Arable license, on being convicted of such default before any two Justices, forfeit a sum not exceeding forty shillings ; and the said Jus- tices may, in addition to such penalty, require the immedi- ate delivery up of the said license, or on refusal or neglect, may commit such party to any prison, with or without hard labour, for thirty days, or until he shall deliver up the same. 15 — Except where otherwise provided, all penalties and How penalties forfeitures under this Law shall be recovered before any two recovered. Justices of the Peace of the parish where the offence was committed ; and, in- default of payment of the penalty, the 150 Law 4,1, 1867. party shall be liable to imprisonment, with or without hard labour, not exceeding thirty days. ofTaT"*'*™*"* 1^ — '^^^^ ^^^ ^^^^^ commence and come into operation on the first day of January, one thousand eight hundred and sixty-eight. SCHEDULE A. EORM OE LICENSE. This is to certify, that A. B. of the parish of hath been this day duly licensed as a fit and proper per- son, to hawk and peddle in the parish of any goods, wares, merchandize, or other articles of traffic, from the day of the date hereof, until the thirty -first day of December, one thousand eight hundred and This license is not transferable to any other person. Given under, my hand this day of [To be signed by the Collector of Dues.] SCHEDULE B. EORM OE TRANSEERABLE LICENSE. This is to certify, that A. B. of the parish of hath been this day duly licensed as a fit and proper person to hawk and peddle in the parish of by such person (being his servant), to whom he shall entrust this license, any goods, wares, merchandize, or other articles of tra£B.c, from the day of the date hereof, to the thirty-first day of December, one thousand eight hundred and Dated the day of 18 [To be signed by the Collector of Dues.] Note— The name of. the servant employed must be endorsed on the license with the date and signature of the master, thus: "C. B. my servant, is this day entrusted with the -within license. Dated the day of 18 A.B." Ajld so ioties quoties on any change of the servant employed. 451 JAMAICA— LAW 42^0F 1867. A Law to Amend the Law No. 11 of 1867, "A Law I'or Laying a Duty on Imports, Exports, and the Tonnage of Vessels,'^ and to Repeal the Ninth Section thereof.* Il5th October, 1867.] JAMAICA— LAW 43 OP ^1867. A Law to Eepeal the Act Twenty-Ninth .Yictoria, Chapter Fifteen, entituled "An Act to Encourage the Introduction into this Island of a Company styled the West India Manufacturing Company, and for other purposes."t [Ibth October, 1867,] JAMAICA— LAW 44 OF 1867. A Law to Repeal certain parts of the Public Audit Act, 1857, and of the Receiver- General's Act, and of certain Acts passed in Aid of such Acts. t [leth December, 1867.] JAMAICA— LAW 45 OF 1867. A Law to Continue in Force, for a Limited Period, certain Expiring Laws.f [16th December, 1867.] * Repealed by Section 1 of Law 15 of 1870. 'I' Omitted as spent. '152 Preamble. JAMAICA— LAW 1 OF 1868. A Law toEepfeal certain Clauses of Acts relating to the Court of Chancery.* [llth Jmuary, 1868.] JAMAICA^LAW 2 OF 1868. A Law for Laying an Additional Duty on Imports-f— [8^/i jP«6N«afy, 1S68.] JAMAICA— LAW 3 OF 1868. A Law to Provide for the Eegulation of the Audit and Receiver-Greneral's Departments. % WHIiEEAS it is necessary to make provision for a com- plete and effectual audit of tlie Public Accounts : And whereas it is also necessary to provide for the keeping and adjusting of the accounts of the Public llevenue, and for the better securing the regular and punctual collection, receipt, and expenditure thereof : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Coun- cil thereof, as follows : * Repealed by sec. 45 of Law 28 of 1868. t Omitted as spent. J This Law and Law 4 of 1868 have been since incorporated with Law 20 of 1868 by the Gth sec. of the said Law. , (Law 3,-1868. u '163 f: 1-— This 'Law may be cited, for all purposes, as "The Audit Short Title. .aji-d Receiver-General's Departments' Law, 1868." 2 — The Act twenty -jB.rst Victoria, chapter one, entituled Repeal of Acts, An Act to provide for the audit of the Fublic Accomits, and the 28 vk. c. 31 Act twenty-eighth Victoria, chapter thirty-one, continuing 21 Vic. c. i. the same, and increasing the salary of the sole Commissioner of Audit, and for other purposes, and. the Act twenty ^first Victoria, chapter four, entituled An Act to regulate the office of iMecevcer- General, are hereby respectively repealed, but without prejudice to any right, power, or authority, liability, or duty thereunder given, or imposed in respect of any matter or thing, subject to the provisions of the said Acts, or any of them, which are hereby declared to continue in force and exist, and may be proceeded with, inquired into, and disposed ofj^reeably to the provisions of the said Acts, or any of them ; and all penalties under the said Acts, or any of them, may be recovered and enforced asit this Law had not passed. 3 — It shall be lawful for the Governor to nominate and Governor to appoint a fit person to be Auditor-General of Public Accounts, *??GirtS in this Law referred to as Auditor-General, and also to nomi- Beceiver-Gene- nate and appoint a fit person to be Receiver-General. 4 — ■The duties, powers, and authorities imposed upon, and powers to Re- ^ given to the Receiver-General under the Acts and Laws in oeiver-Generai. ^^orce, so far as they are not inconsistent with this Law, shall '-* continue to be, and be performed and exercised by the Re- •'deiVer-General under this Law. 5-^The Auditor-General and Receiver-General, to be ap- To hold offices pointed under this- Law, shall respectively hold their ofllces during pleasure, during pleasure; andj on the removal, death, resignation, or ! other vacancy in either of tlie said offices, the Governor may < tiominate and appoint a successor to such officer, who shall ' .have the same powers, authorities, and duties. - 6 — The Governor shall from time to time appoint the offi- Governor to eers, elerks, and other persons in the respective ^departments cew X.°*^ 154 Law 3,-.1868. of the Auditor-General and Receiver-General, who shall hold their oflGices and places during pleasure,- and may, from time to time, regulate the grades or classes into which the said officers, clerks, and persons shall be divided, in conforniity with the Law in force for the time being in relation to the strength and cost of those establishments. *= 0'-! To make rules. 7 — -The Governor shall have power to make, from time to time, orders and rules for the conduct of the internal business of the respective departments of the Auditor-General and Re- ceiver-General, and to prescribe regulations and forms for the guidance of all parties having the receipt, collection, and payment of the Public Revenue, in making up and rendering their accounts periodically for examination. To give direc- tions as to pay- ments and ac- counts. Duties of Au- ditor-General. 8 — The Governor may, from time to time, direct, where not otherwise determined by Law, in what manner and at what periods respectively, the several persons having the receipt and collection of the Public Revenue, shall pay their collections into the Colonial Bank, or otherwise, as may by Law be di- rected, and the respective times of their making up and ren- dering their accounts. 9 — The Auditor-General shall examine and audit, and in accordance with the regulations that may be prescribed for his guidance in that behalf by the Governor, the books and accounts of the Receiver-General; the books and accolints of the departments of the Customs and Post OflQ.ce; the books and accounts of the Collectors and Assistant Collectors of Taxes, or other officers having the collection of the internal taxes, including the books and accounts ofthe Collectors of Rum Du- ties ; the accounts and vouchers of the General Penitentiary, and of the several Gaols and District Prisons of this Island ; the accounts and vouchers of the Public Hospital and of the Lunatic Asylum ; the accounts and vouchers for the pay and disbursements of the Jamaica Constabulary and Police Force ; and the books, accounts, and vouchers of every receiver of public money, and all other books, accounts, and vouchers Law 3, 1868. 155 which the Governor may direct to be examined as public accounts. 10 — The Auditor-General shall have power from time to Poweis of Au ditor-Geueral. time to'send for, and have the custody of any books, accounts, vouchers, or papers under the control of any public or paro- chial officer, and to call for any returns from any such officer, relating to, or in anywise concerning any of the public ac- counts under the examination of the Auditor-General, or the expenditure of any public money, or any other matter of in- quiry which he is or may be authorized to make, which may be necessary for the purpose aforesaid ; and to keep such books, accounts, vouchers, and papers for such time as he may re- quire the same ; and al^o to send for and examine upon oath, (which oath the Auditor-General is hereby authorized to ad- minister), such officer touching any matter or thing relating to the said public accounts, or any of them, or the expendi- ture of any public money, or any other matter of inquiry as aforesaid. 11 — Any officer so examined, who shall wilfully give false jc^a^ evidence evidence, shall be deemed guilty of perjury, and on conviction P^rpiy- shall be liable to the pains and penalties by any Law in force in this Island imposed upon persons guilty of such oflFence, and every prosecution in such respect shall be deemed a pub- lic prosecution. 12 — The said offices of Auditor-General and Eeceiver-Gene- q^^^ ^^^^ ral shall be under the supervision and control of the Revenue Revenue Com- . . misaioner. Commissioner. 156 JAMAICA— LAW 4 OF 1868. A Law to Eepeal " The Receiver-General Moneys' Trans- fer Act, 1857," and the other Acts and Laws in Aid or Amendment thereof, and to make other Provision for the Deposit of the Public Moneys.* l22ndFebrm7y, 1868.] Preamble. TT 7" HERE AS it is expedient to repeal " The Receiver- ' ' General Moneys' Transfer Act, 1857," and the other Acts and Laws in relation thereto, and to make other pro- visions with reference to the transfer and deposit of the PuhHc Moneys : Be it enacted hy the Governor of Jamaica, with the advice and consent of the Legislative Council there- of, as follows : Short title. 1 — TMs Law may he cited for all purposes as ceiver-General Moneys' Transfer Law, 1868." The Re- Bepeal of Acts, 21 Vic. c. 39, 24Vic. c. 7, 28 Vic. 0. 20, sees. 2 to 6, No. 8 of 1866, sec. 10 to 14, 2 — The Acts twenty-first Victoria, chapter thirty-nine, ■' The Receiver-General Moneys' Transfer Act, 1857," twenty- fourth Victoria, chapter seven, •' An Act to amend the Re- ceiver-General Moneys' Transfer Act, 1857," (twenty-first Victoria, chapter thirty -nine) ; the second, third, fourth, fifth, and sixth sections of the twenty-eight Victoria, chapter twenty, " An Act in aid of the twenty-first Victoria, chapter four (" Receiver-General's Office Regulation Act"), and chap- tCT thirty-nine (" Receiver-General Moneys' Transfer Act"); and the tenth, eleventh, twelfth, thirteenth, and fourteenth sections of the Law No. 8 of 1866, are herehy; respectively repealed, without prejudice to any thing done under the said Laws, or any of them, whilst they respectively were in force ; and all offences committed against the said Laws, or any of them, may he punished as if such Laws were in force. *This Law and Law 3 of 1868 have been since incorporated with Law 20 of 1868 by the 6th sec. of the said Law, Law 4, 1868. 157- 3 — It shall be lawful for the Governor from time to time Governor to , , . • T /^ 1 ' 1 Tt 1 arrange with to enter into arrangements with the Colonial Bank, or any Bank, other banking institution that may be carrying on busi- ness in this Island, for the deposit therein of the public monies of this Island, and for paying thereafter, from time to time into such Bank or banking institution, the taxes, duties, dues, and monies of the Public Eevenue, which shall be collected and gathered in : Provided, that such arrange- ments shall not entail any expense on the public : and all public monies and Revenue of this Island, from time to time paid into such Bank or banking institution, shall be placed therein to the credit of an account to be opened in the books thereof, entitled " The Account of the Public Moneys of the Receiver-General," inserting the name in full of the Receiver- General for the time being. 4 — The Governor, with the advice of the Privy Council, Opyemor, with SiQvicB oi i nw shall from time to time establish such rules and regulations Council, to as may be necessary for keeping the accounts of the Receiver- '"*^® ''"'®^' General with such Bank or banking institution, and the ac- counts of such Bank or banking institution in relation there- to, and also for the payment and appropriation of the monies paid therein, and from time to time alter or revoke such rules and regulations, and make others in lieu thereof ; and may also suspend or discontinue the payment of the said monies into such Bank or banking institution ; and the Receiver- General, observing the rules and regulations so prescribed, shail not be answerable for any money, bills, notes, or drafts which shall have been so paid, or caused to be paid into such Bank or banking institution ; and the Bank or banking insti- tution shall be answerable for all the monies, bills, notes, and drafts which shall be actually received by it on ac- count of such Receiver -General as aforesaid. 5 — The said Bank, or banking institution, or some person Bank to give duly authorized in that behalf, shall daily, upon receiving delfvered to ' any money, bills, notes, or drafts on account of the Receiver- Receiver-Gene- General, deliver to the person ^paying suchji^money, bills, 168 Law 4, 1868. notes,, or drafts a receipt for the same, which, receipt shall be lodged with the Receiver-General by the person to whom it was given, and the Receiver-General shall deliver to such person, in lieu of the said receipt, a receipt signed by him, which receipt, when countersigned by the Auditor-General, or such other person as the Governor shall appoint for that purpose, shall be a sufficient discharge for the amount men- tioned therein. Bank not to 6 — The said Bank, or banking institution, shall not pay, except in^ac"'^^ f^PPV' ^^' dispose of any part of the money, bills, notes, or cordancewith drafts, which may be paid in and placed to the account of such Receiver-General, or transfer the same, or any portion thereof from such account, except in accordance with the rules and regulations for the time being of the Governor, with the advice of the Privy Council, unless any such notes, bills, or drafts shall be required by the Solicitor of the Crown for the purpose of instituting legal proceedings thereon, in which case such notes, bills, or drafts, or any of them, shall be delivered to such Solicitor, or his clerk, on the order of the Governor. All monies to 7 — Every sum of money which shall be due upon any de- Bauk! '" ^ benture, bond, certificate, or other instrument for the payment of any money out of the Receiver-General's Office, or shall be directed to be paid by any Act or Law of the Leg- islature, and all warrants issued by the Governor, shall be paid by the Receiver-General out of any money, paid as afore- said ,into such Bank, or banking institution, on account of the lleceiver-General, in accordance with the rules and re- gulations for the time being in respect thereof ; and every such payment shall be made by a cheque or draft, which cheque or d raft shall be signed by the Receiver-General, and countersigned by such public officer or officers as shall be by any such rule of regulation appointed for that purpose ; and, in every such cheque or draft, the name of the party in whose favour, and the number of the account or voucher in payment whereof such cheque or draft shall be drawn, shall be inserted, Law 5, 1868. 159 8 — Upon the death, resignation, or removal of the present, On death, or and of any other Receiver-General hereafter to be appointed, ceiver-Generai, the balance of cash for which he shall at that time have ^°^? transfer- . . red to his suc- credit on his account as such Receiver-General with the said cesaor. Bank or banking institution shall, as soon as a successor shall be appointed to the said office, vest in such successor ; and, until such such successor shall be appointed in such person or persons as shall for the time being be duly authorized to exe- cute the duties of the said office, in trust for the service of the public, and be forthwith transferred, carried over, and placed to the account of such successor or other person or persons as aforesaid, to be applied to the service accordingly, and such monies shall not, in the event of the death of such Re- ceiver-General, constitute assets of the deceased, or be in any manner subject to the control of his legal representatives. JAMAICA— LAW 5 OF 1868. A Law for Converting the Taxes on Houses into a Tax for the Support of the Poor.* [ISth March, 1868.] WHEREAS it is proper that the charge of the poor, in Preamble, the several parishes of this Island, should be placed under the control of the Municipal Boards thereof; and, in order to secure a provision for their support, it is expedient to raise the necessary funds in manner hereinafter pro- vided : Be it therefore enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council there- of, as follows : 1 — There shall be granted and raised, for the purposes of Taxes on houses this Law, the following taxes or duties ; that is to say : * This Law, as amended by Law 27 of 1869, has been since incorporated with that Law by its 3rd' Section. Of £8, or up- wards annual value. Below £8. Law 5, 1868. On every house of the annual value of eight pounds or upwards, a tax or duty after the rate of one shilling and sixpence in the pound of such value. On every house under the annual value of eight pounds (not being dwellings of laborers located on any estate, or pen), a tax or duty thereon as follows ; that is to say : Class 1. On every house, thatched or shingled, . but without flooring, and without land, or with land to an extent less than one acre, a tax or duty of two shillings. Class 2. On every house thatched or shingled, with^ flooring, and without land, or with land to an extent- less than one acre, a tax or duty of four shillings. Class 3. On every house, thatched or shingled, and whether with or without- flooring, if the owner or oc- cupier possesses land inthe same parish, either attached to, or detached from such house, equal in extent to one acre or more, a duty of six shillings. 2 — The taxes or duties under this Law shall be in lieu of the tax or duty on houses under " The License and Registration Duties Law, 1867," which last-mentioned tax or duty shall not be raised for any period after the thirty-first day of July j one thousand eight hundred and sixty-eight. p rsons in os- ^ — Evcry pcrson in the possession of any house, by this session of houses i,aw made liable to the tax or duty hereby imposed, shall, on ° '"'^ ^ the first day of August next ensuing, or within ten days there^ after, give in to the Collector of Taxes, or other of&cer having > the collection of the taxes or duties of the parish, or district of the parish in which such house is situate, a just and true re- turn of such house, and the annual value thereof; and, if under the annual value of eight pounds, shall shew whether the owner or occupier thereof holds any lands not assessed to the tax or duty on houses under this Law; and: the peiTson Taxes in lieu of tax under Law No.30oil867. to Collector of Taxes, and pay, &c. Law 5, 1868. 161 making such, return shall sign a declaration to the truth thereof, and pay to the Collector of Taxes, or other oflcer as aforesaid, the full amount of the duties imposed on such houses by this Law, and obtain from him an acquittance of the same. 4 — ^The word "house" shall mean every occupied or in- Interpretation habited dwelling-house, shop, store, wharf, warehouse, office, " *"^^' or place of business ; and, if or above the annual value of eight pounds, shall, for the purpose of such valuation, include and comprise the out-offices, yards, and curtilages attached thereto ; and for the purpose of taxation under this Law, the true annual value of every house shall, when tenanted at a a rent, be taken to be the rent actually payable thereon by the year ; and when otherwise occupied, the full yearly rent at which the same might be let shall be taken as such true annual value.* 5 — The payment of the tax or duty upon any house under Payment of tax this Law shall, during the current year for which such tax or exempts others duty is imposed, exempt any person, who may afterwards session. °^°^ come to the possession of such house, from the payment thereof ; but if such tax or duty shall not be paid, it may be recovered or enforced against any person who may at any time during such current year be, or have been in the posses- sion thereof. 6 — If any house, unoccupied at the first day of August in any Provision as to year, shall, at any time thereafter during such current year Noises occupied as aforesaid, become occupied, the owner or occupier shall, "^°'' within fourteen days after the house shall become occupied, make a return, and sign the declaration to the truth thereof, in the form to this Law annexed, in respect of such house, to the Collector of Taxes, or other officer as aforesaid of the parish, or district of the parish wherein such house is situate, and shall pay to such Collector of Taxes, or other officer as * By Section 1 Law 15 of 1882 laborers' houses not to be deemed inhabited houses within the meaning of Law 5 of 1868, as amended by Law 27 of 1869, M 162 Law 5, 1&68. Where several persons in pos- session. False declara- tion perjury. aforesaid, the tax or duty, or proportion thereof, calculated for so many quarters of a year (the fractional part of a quar- ter being reckoned as a quarter) as shall remain of the cur- rent year, according to the annual value of such house. 7 — If any house, charged with the tax or duty under this Law, shall be in the possession of more than one person, the Collector of Taxes, or other of&cer as aforesaid, may, to en- force payment, proceed against all or any of the parties, or the landlord thereof, as well as against any goods on any such premises on which a landlord might distrain for rent in ar- rear. 8 — If any person shall wilfully make a false or untrue de- claration under this Law, such person shall, on conyiction thereof, be liable to the like pains and penalties as are by Law imposed on persons guilty of wilful and corrupt perjury. 9*_ Current year. Prorisions, &o., of Laws No. 30 and 32 of 1867, or other Laws in force, applicable. 10 — The current year, in respect of the taxes or duties im- posed by this Law, shall be from the first day of August in. each year until the thirty-first day of July next succeeding, both such last-mentioned days being included. 11 — All the powers, provisions, clauses, regulations, di- rections, surcharges, and penalties contained in, or imposed by " The License and Registration Duties Law, 1867,", and " The Tax Collection Law, 1867," or any other Law or Laws, which for the time being may be in force relating to license and registration duties, and the collection of taxes, shall be in fiill force and effect, with respect to the taxes or duties granted by this Law respectively, so far as the same are or shall be applicable in all cases not hereby expressly provided for; and shall be observed, applied, enforced, and put in execution for, and in the raising, collecting, levying, and ' ^Repealed, so far as it exempts from taxation houses belonging to, or in the posBet< Bion of, the Colonial Government by Section X of Law 1 of 1876, Uw 5, 1868. 163 recorering the said taxes or duties, and otherwise in relation thereto, so far as the same shall not be superseded by, and shall be consistent with this Law, as fully and effectually, to all intents and purposes, as if the same had been herein re- peated and specially enacted mutatis mutandis, with reference to the taxes and duties granted by this Law. 12 — The monies of the respective taxes or duties under this How monies of Law shall be accounted for to the Eeceiver-General by the coimtedfor. several Collectors of Taxes, or other officers as aforesaid ; and be paid into the Colonial Bank, to the credit of the E-eceiver- General or otherwise, as by Law directed, as collected and re- ceived, within five days after the expiration of each month ; and each such Collector of Taxes, or other officer as aforesaid, shall keep such books, and make such returns in relation to the said taxes or duties, as and in such form as the Governor shall from time to time direct. 13 — Each Collector of Taxes, or other officer as aforesaid, Penalty on offi- cers accountable, who shall neglect to comply with the requirements of this Law, shall be subject and liable, in addition to the payment of the monies received and not accounted for, to the like penalties, recoverable in the like manner, as are in " The Li- cense and Registration Duties Law, 1867," and " Tax Collec- tion Law, 1867," imposed on Collectors of Taxes, or other officers as aforesaid, neglecting to comply with the provisions of those Laws, as to the duties therein mentioned. 14 — The monies which shall be raised by the means of the Taxes to be ap- taxes or duties as aforesaid, in each respective parish of this plied for the Island, shall be by the Receiver-General, under the warrant of the Governor, paid to the order of the Municipal Board of such parish, who shall appropriate and apply the same to the support of, and medical attendance on, the poor of the said parish. 15 — If in any year the amount so raised shall be more than provisions for sufficient for the purposes aforesaid in any parish of this increase or de- Island, then and in every such case it shall be the duty of the ""^^^ ° *^' 164i Law;5, 1868. Municipal Board of such parish, in making the estimates for the then following year, to return to the Revenue Commis- sioner a statement of the amount expected to he in hand at the end of the financial year then ahout to expire, and the amount which the Board considers it will require for the succeeding year in addition, for the purposes aforesaid ; and if on the other hand there shall be a deficien- cy in any year, the Municipal Board ofthe parish shall return, in their estimates aforesaid, the amount, as near as they can ascertain it, of that deficiency, and state the sum which will be required to meet the same, and the support of, and medi- cal attendance on, the poor for the succeeding year.* Powers of Re- iQ — rfj^g Revenue Commissioner may call for returns, do- venue Commia- . . . sioner. cuments, and evidence from the Municipal Board of any parish, in relation to the number of and expenses for the poor ; and, on the examination and consideration thereof, may allow or diminish the sum called for as aforesaid, as he may consider it to be sufficient, or more than sufficient for the purposes aforesaid ; and thereupon the Revenue Commis- sioner may make such rateable increase or decrease in the rate or scale of assessment on houses as aforesaid, as he may consider will meet, or be sufficient to meet, the expenditure and outlay in such parish for the purposes aforesaid for the year to come.f As to allowance 17 — On such allowed rates as to any parish being fixed by of rates. ^j^^ Revcnue Commissioner, and sanctioned by the Governor, the Revenue Commissioner shall cause the same to be publish- ed in the "Jamaica Gazette by Authority," and give notice thereof to the Collectors of Taxes, or other officers afore- said, in such parish; and thereupon the assessment for the then succeeding year in such parish shall be regulated and made agreeably to the rate so fixed, sanctioned, and published for such particular parish. J * Powers of Revenue Commissioner extended by sec. 6 of Law 7 of 1886, which see. t Powers of Revenue Commissioner further extended by sec. 5 of Law 7 of 1886 which see ; and Powers of Revenue Commissionsr further extended by sec. 6 of said Law { Powers of Revenue Commissione'- extended by sec. 5 of Law 7 of 1886, Law 6, 1868. 165 SCHEDULE. Aceotmt of all dwelling-houses, shops, stores, wharves, ware- houses, offices, or places of business. AN A OCO TINT of all dwelling houses, shops, stores, wharves, warehouses, offices or places of business, and of the annual value thereof, belonging to, or in the possession or occupation of as in the Pai'ish of on the day of one thousand eight hvmlred and sixty Name of property, number, and street of house in- any town. Description of property. No of Acres. Annual value of the dwell- ing house, shop, store, wharf, warehouse, office, or place of business. Remarks. I, A. B., do solemnly and sincerely declare that the above is a correct account of all dwelling houses, shops, stores, wharves, warehouses, offices, or places of business, and of the number and actual value thereof, belonging or in my possession or occupation, in the Parish on the one thousand eight hundred and to me, of • day of sixty A.B, 166 Preamble. Eepeal of 28 Vic. c. 35. JAMAICA— LAW 6 OF 1868. A Law to Repeal the Act Twenty-Eighth Victoria, Chapter Thirty-Five, "An Act further to Check Frivolous and Vexatious Suits and Defences." \lUh March, 1868.] WHEREASthe Acttwenty-eightli Victoria, chapter thirty- five, entituled An Act further" to check frivolous and vexatious suits and defences, has not been found available in practice, and has been found to operate prejudicially: Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : The said Act of the twenty-eighth Victoria, chapter thirty- five, is hereby repealed. JAMAICA— LAW 1 OF 1868. A Law to Preclude Persons, not being District Court Judges, or their Deputies, from being Coroners in Dis- tricts other than Kingston, and to Provide for the Ser- vice and Execution of Process directed to the Coroner. \_mh April, 1868.] Preamble. TTTHEREAS by " The District Courts Law, 1867," every V T Judge of a District Court, with the exception of the Judge of the District Court of the district wherein the City of Kingston is situated, is declared to be the Coroner for his dis- trict, or any part thereof, wherever a Coroner shall not have been, or be otherwise appointed; and, by" The District Courts Criminal Jurisdiction Law, 1867," such Judge may, when necessary, appoint a fit person to hold any particular inquest in his stead : And whereas it is expedient that the duties of Corotier in every District where a district Court is, or shall Law 1, 1868. 1«7 be appointed to be bolden, otber than that of Kingston, should be performed by the J-ndge of such District Court, or his deputy, as aforesaid ; and it is expedient to declare how the service and execution of process, when directed to the District Court Judge as Coroner, should be performed : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1— In any district of this Island, except the District of J'?<^gf,°*Pi'- •' , ' r 1 T 1 1 triot Oourt to Kingston, wherein a District Court is or shall be established, be Coroner, the Judge of such District Court is, or shall be the sole Co- roner within such district, and the ofB.ce, duties, and powers of any other person within the same district, who is, or may be the Coroner of the said district, or of some part thereof, shall, in cases where District Courts have been already es- tablished, cease and determine within the said district, from the passing of this Law ; and in other cases, from the appoint- ment of a District Court. 2 — The sixtieth section of the Law No. 8 of 1866, A Law Law No. 8 of for making alterations in the Law consequent on the constitution as to' appoint- ofthe Legislative Covmcil, created by order of the Queen in ^^^^^^T^^^ Cowncil, dated the eleventh day of Jwne, one thousand eight repealed in cer- ,.777... n 'i_ ii/-( i tain respects. hmidred and swsty-swc, so lar as it empowers the Governor to appoint any person to the said of&ce of Coroner in any parish, or part of a parish forming the district, or part of the dis- rict of a District Court, is hereby repealed. 3 — The duties of Coroner, in relation to the service and ^/^tain duties of Coroner to be execution of process directed to him, shall and may, in all performed by cases where the Judge of a District Court is or shall be the teiot!*^ °^ '^'^' Coroner, be duly and legally executed and performed by the Bailiff of his District Court. 168 JAMAICA— LAW 8 OF 1868. A Law for the Appointment of Additional Trustees of cer- tain of the Charities, and other Institutions of this Is- land.* [Qth April, 1868.] Preamble. "TTTHEEEAS the several charitable and other institutions, V V in the schedule to this Law annexed, were, under and by virtue of certain Acts of the late Legislature of this Is- land, vested in Trustees : And whereas certain of the said Trustees, who were Trustees by virtue of their offices, or by election under Laws which have been repealed, have ceased to be Trustees : And whereas it is necessary to fill up the vacan- cies which have in consequence occurred in the number of Trustees of the said charities, and other . institutions : Be it enacted by the Governor of Jamaica, with the advice and con- sent of the Legislative Council thereof, as follows : Appointment of 1 — The Members of the Municipal Boards of the respective new TrasteeE. pg^pjgj^gg jj^ which the charitable or other institutions men- tioned in the schedule to this Law annexed are situated, shall become and be, upon the passing of this Law, Trustees of the said charitable and other institutions respectively, in the room and stead of any of the before-mentioned Trustees, whose office has determined as aforesaid ; and it shall be lawful for the Governor from time to time to appoint such additional Trustees as he shall think fit to any of the said charitable or other institutions. Powers, &c. 2 — The Trustees appointed by and under this Law, shall, oirTraB°ers!""^ together with the other Trustees of the said respective charit- able and other institutions aforesaid, appointed or to be ap- pointed by or under any Act in force, be the Trustees of the said institutions, and shall conjointly have and exercise, with such subsisting Trustees, a^id the Trustees who shall from time *Bepealed, so far as it affects the Saint Jago de la Vega school, by sec. 6 of Law 30 of 1869. Law 8, 1868. 169 to time be appointed in tlieir room, all and every the powers, functions, duties, andauthorities of, belonging, and appertain- ing to, the Trustees of the charitable or other institutions of which they shall become members as aforesaid, as fully and effectually as the Trustees originally appointed, or authoriz- ed to be appointed under any of the Acts of this Island. rum. 3 — The Trustees of every such charitable or other institu- Three a quo- tion as aforesaid shall, from and after the passing of this Law, have full power and authority to act by a quorum of their members, such quorum to consist of at least three members. 4 — The election of Parochial Trustees, and all other Acts Electors of Ja- authorized to be done by the Governor, President of the ge^ooi^"'^^ Council, Speaker of the Assembly, Bishop, or Suffragan, Chief Justice, and Attorney General, or any three of them, in re- lation to the Jamaica Pree School, may hereafter be done by the Governor, Bishop, or Suffragan, Chief Justice, and At- torney General, of any three of them ; and Acts authorized to be done by the Chief Justice, Attorney General, and Speaker, or any two of them, may be done by the Chief Justice and Attorney General. 5 — The Governor, Chief Justice, Attorney General, and visitors of Bishop, or Suffragan, shall continue to be visitors of the Man- F;:ee School. Chester Pree School. 170 Law 8, 1868. SCHEDULE TO WHICH THIS LAW REEERS. Names of institutions. The Jamaica Eree School. Manchester District Schodl. Manchester Eree School. Manning's Eree School. Rusea's Eree School. St. Jago de la Vega Eree School. St. James' Eree School. Titohfleld Eree School. Vere District School. Munro & Dickenson's Eree School & Charity. Bath of St. Thomas the Apostle. Milk River Bath. 171 JAMAICA— LAW 9 OF 1868. A Law for Granting to her Majesty certain sums of Money, required for Defraying certain Expenses of the Civil Government, and certain other Expenses connec- ted with the Public Service, for the Financial Year One Thousand Eight Hundred and Sixty-Seven^Sixty- Eight.* [Qth April, 1868.] JAMAICA— LAW 10 OF 1868. A Law for Laying a Duty on Dogs. I9th April, 1868.] BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — There shall be granted and charged, in respect of dogs ?"^y oa^ogs kept in the City of Kingston, and in the Towns of Saint Jago towns annu- de la Vega, Linstead, Saint Ann's Bay, Ealmouth, Montego ^^' Bay, Lucea, Savanna-la-Mar, Black River, Mandeville, Chapel- ton, Port Maria, Annotto Bay, Port Antonio, Morant Bay, and Port Royal, on and after the first day of August, one thou- sand eight hundred and sixty-eight, the following duties, to be paid annually, upon the taking out of the licenses herein- after mentioned : !Por every dog, of whatever description or denomina- ^^ ^^"^ <^°g tion, the annual duty of four shillings, to be paid by the person who shall keep such dog, and for which a license to keep the same shall be taken out. * Omitted as spent. 172 Law 10, 1868. To Collector of Taxes, and li- censes granted by him. Limits of towns. 2 — The returns under this Law shall be made to, and the said duties shall be paid to, and the licenses shall be granted by the Collector of Taxes, or other officers appointed to col- lect the Internal E-evenue of the City of Kingston, and the several parishes, or districts of this Island, in which such other towns are situate ; and the limits of the City of King- ston shall be as defined for the purposes of the Law No. 1 of 1867, and the limits of the said other towns, when not other- wise defined by Law, shall be such as are or may be fixed under the Law No. 23 of 1867, for the purposes of " The Spi- rit License Law, 1867." Powers, &c., of Laws No. 30 of 1867, and No. 32 of 1867, &c., applicable to this Law. Proviso. Persons to make returns, 3 — All the powers, provisions, clauses, regulations, and di- rections contained in " The License and Hegistration Duties Law, 1867," and " The Tax Collection Law, 1867," or any other Law relating to license and registration duties, and the collection of taxes, now or hereafter in force, shall re- spectively be of full force and eff'ect, with respect to the du- ties hereby granted, and the licenses relating thereto, and the penalties hereby imposed, so far as the same are applicable ; and shall be observed, applied, and enforced for, and in the collecting, regulating, and recovering of the duties hereby granted, and the surcharge thereon, if and when the same shall be chargeable under the Laws aforesaid ; and the licen- ses relating to the said duties, and the penalties hereby im- posed, and otherwise in relation to the said duties, licenses, and penalties, so far as the same shall be consistent with, and not superseded by, the express provisions of this Law, as fully and effectually as if the same had been herein repeated and specially enacted, with reference to the said last-mentioned duties, licenses, and penalties respectively : Provided, that nothing herein contained shall authorize the granting of a license under this Law, upon payment of less than the duty for a whole year. 4 —All persons in the City of Kingston, and other towns aforesaid, keeping dogs, are hereby required to make a return thereof, and pay the duty, and take out a license under this Law 10, 1868. 173 Law, on the first day of August in each year, or within ten days thereafter ; and where, after the time for making such return as aforesaid, any person shall be possessed of a dog he shall, within ten days after he shall so be possessed of such dog, make a like return, and pay the duty, and obtain a license, as by this Law is required. 5 — The returns to be made, and the licenses to be taken out Licenses to ex- under this Law, shall be in such form as the Revenue Com- jjiy.^ missioner shall direct, and every license to be granted under this Law shall commence on the day on which the same shall be granted, and shall terminate on the thirty-first day of July following. 6 — Every officer who shall be authorized to grant licenses Officer to keep under this Law shall keep a register of all such licenses ^^^'^ ^^' granted by him, specifying the name and place of abode of every person licensed, and the number of dogs which each person shall be licensed to keep ; and any Justice of the Peace, or Constable, or other officer of the peace may, at any conve- nient time, inspect the register of licenses granted for the current or preceding year. 7 —If any person shall keep a dog without having in force Penalty for a license granted under this Law authorizing him so to do, ^ithou^ li."^* or shall keep a greater number of dogs than he shall be li- cense, &c. censed to keep, he shall, for every such oifence, forfeit the sum of two pounds ; and every person in whose custody, charge, or possession, or in whose house or premises any dog shall be found or seen, shall be deemed to be the person who shall keep such dog, unless the contrary be proved. 8 — Any Constable may take possession of any dog found Constable may not to be licensed as aforesaid, and may detain such dog until not^licensed."^ the owner thereof shall have claimed him, and shall have paid all expenses incurred by reason of his detention, and shall have taken out the license by this Law required ; and if the owner of such dog shall not claim him, and comply with the other requirements of this section, within two clear days from 174 May call for license. Duties not payable on dogs under three month?. Eecovery of penalties. Law 10, 1868. the time of taking possession of such, dog as aforesaid, such dog may he destroyed : Nothing in this section contained shall preclude the recovery of the penalty for keeping such unli- censed dog. 9 — If any person Avho shall have taken out a license under this Law shall not produce and deliver such license, to be ex- amined and read hy any Officer of Revenue, or Constable, within a reasonable time after such Officer or Constable shall request the production of the same, he shall forfeit the sum of forty shillings. 10 — The duties imposed by this Law shall not be payable in respect of any dog under the age of three months. 11 — The penalties under this Law shall be recovered be- fore any two Justices of the Peace of the parish in which the offence shall be committed, and, in default of payment of the penalty, the Justices may award imprisonment not exceeding one month, unless the penalty shall be sooner paid. Preamble. JAMAICA— LAW 11 OF 1868. A Law further to Amend the Law of Evidence. [9th April, 1868.] WHEREAS the Law touching evidence requires further amendment : Be it therefore enacted by the Govern- or of Jamaica, with the advice and consent of the Legisla- tive Council thereof, as follows : Husbands' and 1 — On the trial of any issue joined, or of any matter, % wives' evidence . • • ■ ... • ^ j • against eachj o^" question, or on any inquiry arising m any suit, action, or other. other proceeding in any Court of Justice, or before any per- son having by Law, or by consent of parties, authority to Law 11, 1868. 175 hear, receive, c^Uid examine evidence, t]ie/l[w^ands and wives of the parties thereto, and of the persons on whose behalf any- such suit, action, or other proceeding may be brought, or instituted, or opposed, or defended, shall, except as herein- after excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the said suit, action, or other proceeding. • 2 — Nothing herein shall render any husband competent or Exceptions. compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband in any, criminal proceeding. * * * 3 — No husband shall be compellable to disclose any com- Not compeUabie munication made to him by his wife during the marriage, oommunioation and no wife shall be compellable to disclose anv communi- ^^^. during 111 111- • marriage. cation made to her by her husband durmg the marriage. 4 — This Law may be cited as " The Evidence Amendment short Title. Law, 1868." 5 — This Law shall not extend to. any suit, action, or other Not to extend proceedings commenced before the passing of this Law. to proceedings ■«■ P x- o commenced. * Amended by striking out words by sec. 1 of Law 3 of 1877, as amended by Law 12 of 1877. 176 JAMAICA— LAW 12 OP 1868. A Law to Amend the Clergy Act. I29th April, 1868.] Preamble. TTTHEREAS by the Law No. 20 of 1867, A Law to reduce V T the number of Parishes, the several parishes of this Island were reduced to the number of fourteen, and the pre- viously existing Parishes of Saint Dorothy, Saint John, Saint Thomas in the Vale, Vere, Port Royal, Saint David, Saint George^ and Metcalfe were merged into, and became united to some of the subsisting parishes, as consolidated under that Law : And whereas it is expedient, by reason of such altera- tion of the parishes, to reduce the number of E-ectors to be appointed in this Island, and that such duties as were per- formed by the Rectors of the subsisting parishes of this Is- land, with reference to the parishes to which they were ap- pointed, should be exercised over the entire area of the new parishes respectively : And whereas it is expedient to suspend the power of filling up any Rectory or Island Curacy that has or may become vacant by a permanent appointment, un- til the expiry of the Clergy Act now in force : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : Vacancies in 1 — It shall not be lawful to fill up any vacancy which toriernoUo be Gxists, Or wMch, before the expiration of the Act twenty- filled up. second Victoria, chapter twenty-three, entituled An Act to consolidate and amend the Laws relating to the Clergy of this Islcmd, shall occur in any of the Rectories of the former Parishes of Saint Dorothy, Saint John, Saint Thomas in the Vale, Vere, Port Royal, Saint David, Saint George, and Met- calfe, and the said Rectories as they are, or shall become vacant, are and shall be abolished. Extension of area of certain Bectories. 2 — The judisdiction, authorities, and duties which, prior to the passing of the Law No. 20 of 1867, were had, exercised, and performed by the Rectors of the then existing Parishes of Saint Catherine, Clarendon, Saint Mary, Kingston, Saint Law 12, 1868, 177- Thomas in the East, and Portland, within and over their respective parishes, shall, from henceforth, be had, exercised, and performed by the said respective Hectors, within the en- tire area of the present Parishes of Saint Catherine, Claren- don, Saint Mary, Kingston, Saint Thomas, and Portland res- pectively, save and except where, in any former parish, now a district of some new parish, there shall be a E-ector appoint- ed before the passing of the said Law, whose jurisdiction, authorities, and duties shall not be interfered with, or deter- mined by this Law, until the expiration of the said Act of the twenty-second Victoria, chapter twenty-three, or until the occurrence of a vacancy in such E-ectory as last-mentioned, whichever shall first happen. 3 — Until the expiration of the said Act twenty-second Vic- Unta expiration toria, chapter twenty-three. An Act to consolidate and amend appo^toents'to the Laws relating to the Clergy of this Island, in the event of ^^ provisional, any vacancy occurring in any Rectory, except those mention- ed in the first section of this Law, or in any Island Curacy of this Island, the power of appointing permanently to such Rectory or Curacy shall thereupon be suspended, and in abeyance : Provided, that it shall be lawful for the Governor in the meantime to provide, out of any lapsed stipend for the conduct of the duties of such Rectory or Island Curacy, by provisional arrangements, where necessary. JAMAICA— LAW 13 OF 1868. A Law to Amend the Law Eelating to Small Penalties. [29^ ApHl, 1868.] WHEREAS it is expedient to amend the Law relating to Pra^Bibie. small penalties : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Gouncil thereof, as follows : 178 Short title. Law to come into force Ist. August, 1868. Interpretation of penalty. Law 13, 1868. 1 — This Law may be cited, for all purposes, as " The Small Penalties Law, 1868." 2 — This Law shall come into operation on the first day of August, one thousand eight hundred and sixty-eight. 3 — The word "penalty," in this LaAV, shall include any sum of money recoverable in a summary manner. Limit of im- 4 — Where, upon summary conviction, any oifender may ?eiatSnto\he be adjudged to pay a penalty not exceeding five pounds, such following pen- offender, in case of non-payment thereof, may, without any warrant of distress, be committed to prison for any term not exceeding the period specified in the following scale, unless the penalty shall be sooner paid. Fob ant Penamt. The Imprisonment not to Exceed Not exceeding ten shillings. Seven days. Exceeding ten shiUingSj and not exceed- ing one pound. Fourteen days. Exceeding one pound, and not exceed- ing two pounds. One month. Exceeding two pounds, and not exceed- 1 ceeding five pounds. J Two months. Not to affect 5 — Nothing in this Law contained shall affect the power of po^er imposing itnposing hard labour in addition to imprisonment, in cases where hard labour might, on non-payment of the penalty, have been so imposed, if this Law had not passed. Applicable to 6 — This Law shall apply to penalties, including costs recov- aU Laws >™P^- erable in a summary manner, in pursuance of any Act of the ties. former Legislature of this Island, or any Law of the present Legislature, whether passed before or after the commence- ment of this Law ; and all provisions of any Act . or Law Law 13, 1868. 179 authiorisiiig, in the case of non-payment of a penalty not ex- ceeding five pounds, a longer term of imprisonment than is provided by this Law, shall be repealed. 7 — 'This Law shall not apply to any penalty imposed by any ^o* *» Revenue Act or Law relating to the Eevenue of this Island. ^^°* ^^*' JAMAICA— LAW 14 OF 1868. A Law to Authorize the Transfer, into the !Names of Trustees in England, of the Funds now standing in the Names of the Receiver-General and Registrar in Chan- cery, and the Receiver-General and certain other Public Ofacers of this Island. ["Ith May, 1868.] WHEREAS great inconvenience has arisen from the Preamble, public monies, and monies of the Chancery deposits, which have been invested in English securities, under the authority of certain Laws of this Island, standing in the names of Trustees resident in this Island, and it is desirable to make other provision in the premises : Be it enacted by the Govern- or of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — So much of the Act eighteenth Victoria, chapter thirty- Repeal of so three, " The Chancery Deposits Act, 1855," and of the Act ^uchof i8 nineteenth Victoria, chapter five, amending the said Act, as 19 Vic. c' 5, an renders it necessary to invest the monies of the chancery ^^q"'®'' mvest- deposits, and other monies therein mentioned, in the names of Reoeiver- of the Receiver-General and Registrar in Chancery, shall be, fu'trarin'chan- and the same is hereby repealed, without prejudice neverthe- °^^'^- less to any Act, matter, or thing done under or in pursuance of the said Acts, or either of them. 180 Law 14, 1868. Monies to be g — rpj^g monies of the said Chancery deposits, and all other transferred as , . _ «> ± ' herein mention- monies Tinder the said recited Acts, standing in the Public ^ ■ Ennds of the United Kingdom in the names of Hugh Williams Austin, Alexandre Bravo, Edward Jordon, 0. B., and Robert Russell, or in the names of the Receiver-General and Registrar in Chancery of this Island, and all monies which have been invested in the said funds, and now stand in the names of the said Hugh Williams Austin, Alexandre Bravo, and Edward Jordon, shall, upon the passing of this Law, be by them trans- ferred to, and vested in, the Permanent Under Secretary of State for the Colonial Department, and in the Crown Agents for this Colony for the time being. Subject to trusts and pur- poses declared by Law. How the mon- ies of the Chan- cery deposits to be drawn. 3 — Such monies respectively shall remain and be subject in all respects to the trusts and purposes declared in and by the Acts and Laws now parsed, or hereafter to be passed re- lating thereto, and shall be held, applied, and dealt with accordingly. 4) — Whenever any monies invested, or to be invested under the said recited Acts of the eighteenth Victoria, chapter thirty- three, and nineteenth Victoria, chapter five, shall be by any decree or order of Court directed to be paid out to any person in any matter, cause, or suit, the office copy, or certificate of the Registrar of the Court of Chancery of such decree or order, as well as any report to which such decree or order shall re- fer, as specifying the money to be so paid, shall be by the Receiver-General transmitted to the Public Offiicers in whose names the monies under this Law shall be invested, which decree or order, or decree or order and report, as the case may be, shall be the authority to such Public Officers to sell and dispose of the said fund, and to remit the monies there- from to the said Receiver-General for payment to the said party or parties entitled thereto. other monies 5 — ^Whenever any other public monies of this Island, in- under'^'d^ection vestsd in the uames of such Public Officers in England as of the Governor aforesaid, shall be required to be sold and disposed of, it shall be lawful for the Governor of this Island, through a Secretary Law 14, 1868. iSl of the G-oyernment, to direct such sale or disposal of the said through a Sec- niT . ,,, T- niiT • retary of Go- lundea monies, and the application thereof, and the direction vemment. of the Governor, so communicated as aforesaid, shall he the authority to such Public Officers for the sale and disposal and application of such last mentioned funded monies. JAMAICA— LAW 15 OF 1868. A Law to Eepeal the First and Second Sections of the Act Fourth George the Fourth, Chapter Thirteen, entituled " An Act for the more effectual Punishment of Treason, Treasonable Conspiracies, and Seditious Meetings, for preventing the Administering and Taking of Unlawful Oaths, and for other purposes," and to make other pro- visions instead thereof.* [Ith May, 1868.] JAMAICA— LAW 16 OF 1868. A Law to Repeal the Act Twenty-First Victoria, Chapter Three, " The Board of Works Act, 1857," and to make other Provision for the Superintendence of the Public Buildings. [Ith May, 1868.] WHEEEAS it is expedient to repeal " The Board of preamble Works Act, 1857," which has been continued by the Act twenty-seventh Victoria, session one, chapter twenty- three, and to make other provisions for the superintendence, * Eepealed by see. 1 of Law 10 of 1869. 182 Law 16, 1868. 21 Vic. c. 3, and 27 Vic. sesB. ]., c. 23, repealed. Director of Koads to per- form duties herein men- tioned. To take earth aud stones from certain lands. care, and construction of the buildings of the Colonial Gov- ernment : Be it enacted by tbe Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — The Act of the twenty-first Victoria, chapter three, " The Board of "Works Act, 1857," and the Act twenty-seventh Victoria, session one, chapter twenty-three, continuing the same in force, are hereby respectively repealed, without pre- judice however to any contract, release, covenant, or agree- ment made, or entered into, whilst the said Acts, or either of them, were in force. 2 — The Director of Roads, as Superintendent of Public Works, shall be, and he is hereby authorized and empowered to expend, under the directions of the Governor, the monies which may from time to time be granted for and towards the repairing and altering of the buildings belonging to the Colo- nial Government throughout this Island, and to complete and finish the buildings which may have been already commenced, and to commence, complete, and finish those which may here- after be directed to be commenced ; and he is hereby autho- rized and empowered to make contracts for materials, work- manship, and labour, and to hire labourers for carrying on, repairing, and finishing the same. 3 — The Director of Roads shall have full power and autho- rity to order the digging and carrying away of earth or stones for the use of the said buildings out of lands not in cultiva- tion, and not enclosed as a garden, or yard, on making such reasonable satisfaction to the parties entitled thereto, as he and the said parties shall agree upon ; and, in case of differ- ence, the amount of such compensation shall be settled by the Judge of the District Court of the district within which such earth or stones shall have been taken ; and, in places where there shall be no District Court, then by two Justices of the Peace of the Parish, to be mutually selected by the Director Qf Roads and the owner of the laud. Law 16, 1868. 183 4 — In every contract, release, covenant, or agreement re- Contracts, &c., lative to the buildings of the Colonial Government, with or of Eoads, how by the Director of Roads, or to which such Director of Eoads *° ''^'"^^• shall be a party, it shall be sufficient to describe him by the style or title of Director of Roads, without naming him ; and every such contract, release, covenant, or agreement, deed, or instrument, may be executed by the Director of Roads, by signing his name, or, if the instrument so executed be in the form of a deed, by signing, sealing, and delivering the same as his deed, and may be enforced by or against the Director of Roads for the time being. 5 — The Director of Roads shall and may sue and be sued in Director of respect of any cause of action or suit relating to the buildings g^°^^^ ™ g^ *"' of the Colonial Government ; and, in any action or suit to be brought by or against the Director of Roads, it shall be suffi- cient to describe him as Director of Roads, without naming him, and such action or suit shall not abate by the death, re- signation, or departure from this Island, or removal from office of the -person holding the office of Director of Roads, but shall and may be continued, carried on, and enforced by or against his successor, or other person for the time being holding the office of Director or Roads. 6 — The Director of Roads shall be exempt from personal I'ree from per- responsibility for any thing done in the exercise of the powers biiity."^^^^""^' given by this Law ; and all damages and costs which shall or may be recovered against the Director of Roads in any action or suit for any thing done in the exercise of the powers given by this Law, shall be paid out of the Public Revenue, on the warrant of the Governor, 184 JAMAICA— LAW 17 OF 1868. A Law to Amend "The Immigratian Act, 1858," in re- spect to the Immigrants' Colonization and Return Passage Fund.* [25^^ May, 1868.] JAMAICA— LAW 18 OF 1868. A Law to Provide for the Management of the Post Office in this Island.f [25^/i May, 1868.] BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : Post Office un- 1 — The Post Office in and throughout this Island shall he der Postmaster ^j^^gj. ^j^g management of the Postmaster for Jamaica, al- ready appointed, or hereafter to be appointed. Offices in the 2 — The Postmaster for Jamaica, and the several district he1[ddiSny° * Postmasters, and the other officers and persons who are, or pleasure. shall be employed in the service of the Post Office Depart- ment, shall hold their offices and places during pleasure ; and on the removal, death, or resignation of the Postmaster for Jamaica, or of any of the said other officers or persons, the Governor may from time to time appoint a successor, with the like powers, authorities, and duties. Commissions 3 — All commissions, and appointments granted to any of Tente'exiSing the officers of the Post Office, in force at the commencement at commence- of this Law, shall Continue in force as if the same had been ment of this ,1 ■ t Law continued granted Under this JLaw. in force. _ ^ — * Repealed by Section 2 of Law 23 of 1879. t Law 12 of 1886, by its Ist Section, and Law 18 of 1887, by its 7th Section, have been since incorporated with this Law. Law 18, 1868. 185 4 — All places now iJsed. for tbe receipt and delivery there Places now used of letters, newspapers, parcels, and book-packets for trans- retained, but mission by the post, shall remain and be continued as such ; ^°po'i^°ot^rJ and the Governor may from time to time appoint other places and may discon- for the like purposes, and appoint at any such place or places District Postmasters, or other ofdcers, whose appointment shall be in every respect as, and subject in like manner as other ap- pointments of officers ; and the Governor may discontinue any place appointed, or to be appointed for the purposes afore- said. 5 — No person hereafter appointed shall be capable of hold- Future officers ing the office of Postmaster for Jamaica, or of being an officer floe to take the of the Post Office, unless such person shall have first made thisTection™ and subscribed the following declaration before a Justice of the Peace, acting for the place where such person resides, which declaration such Justice shall (on application to that effect), administer and take accordingly : "I, do solemnly and sincerely declare, that I Declaration. will not wittingly or willingly open or delay, or cause or suffer to be opened or delayed, contrary to my duty, any letter or anything sent by the post, which shall come into my hands or custody by reason of my employment relating to the Post Office, except by the consent of the person or persons to whom the same shall be directed, or by an express warrant, in writing, under the hand of the Governor, or under his authority for that purpose, or except in such cases where the party or parties to whom such letter, or anything sent by the post shall be di- rected, and who is or are chargeable with the payment of the postage thereof, shall refuse or neglect to pay the same, and except such letters, or anything sent by the post, as shall be returned for want of true directions, or when the party or parties to whom the same shall be di- rected cannot be found ; and that I will -not in any way embezzle any such letter, or anything sent by the post jl§ aforesaid ; and I make this solemn declaration con- 186 Law 18, 1868. scientiously intending to fulfil and obey the same, and by virtue of tlie provisions of " The Post Office Law, 1868." This declaration was made before' me the day of Officers of Post ^ — ^^ ofi&cer of the Post OflB.ce shall be compelled to serve Offiee not liable iq any corporate, or public, or parochial office or employ- to serve as ju- , , •jiTifl-»i»j» -r rors, Ac. ment, or on any jury or inquest, or m the Militia, any liaw or custom to the contrary notwithstanding; nor shall any officer of the general Post Office in Kingston be engaged in any trade or business. Exclusive privi- '^ — '^^^ Postmaster for Jamaica, by himself or by the other 1^^ o* tJie ^°st officers and servants of the Post Office, shall have the exclu- sive privilege of conveying from one place to another, be- tween which postal communication is or may hereafter be es- tablished, and of receiving, collecting, sending, despatching, and delivering all letters, except in the following cases, that is to say : Exceptions. 1- Letters sent by a private friend in his way, journey, or travel, so as such letters be delivered by such friend to the party to whom they shall be directed : 2. Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver thereof : 3. Process, or proceeding, issuing out of a Court of Justice : 4. Letters sent out of the Island by a private vessel (not being a packet-boat) : . Letters of merchants, owners of vessels, of mer- chandize, or the cargo or loading therein sent by such vessels of merchandize, or by any person employed by such owners for the carriage of such letters, ac- cording to their respegtive directions, and delivered Law 18, 1868. 187 to the respective persons to wliom tliey shall be directed, without paying or receiving hire or reward, advantage or profit for the same, in anywise : 6. Letters concerning goods or merchandize sent by common known carriers to be delivered with the goods which such letters concern, without hire or re- ward, or other profit or advantage for receiving or de- livering such letters : But nothing herein contained shall authorize any person to make a collection of such excepted letters for the purpose of sending them in the manner hereby authorized : The following persons are expressly forbidden to carry a persons prohi- letter, to receive, or collect, or deliver a letter, although they }>^}^ *» "^"^^ , . -T letters. shall not receive hire or reward for the same (that is to say): 1. Drivers of mail carts or carriages, mail-couriers, or persons in charge of mails : 2. Common known carriers, their servants or agents, ex- cept a letter concerning goods in their carts, waggons, or carriages, or on their pack animals : 3. Owners, masters, or commanders of ships, vessels, steam- boats, or boats called, or being passage or packet- boats, or droghers, wherries, or ferry-boats sailing or passing coastwise or otherwise, between, to, or from places within this Island, or their servants or agents, except in respect of letters of merchants, owners of ships, or goods on board : 4. Passengers or other persons on board any such ships, vessels, steam-boats, or boats called, or being passage or packet-boats, or droghers, wherries, or ferry-boats, except messengers sent specially concerning the private a^airs of the sender or receiver thereof, 188 liAw 18, 1868. Bates of post- § — The several rates of inland postage specified in the demandabie Schedule to this Law annexed, shall be payable and demand- able on all letters, newspapers, parcels, and book-packets passing through the Post Offices in this Island. Prepayment of 9 — The postagcs ou all letters, and newspapers, not intend- ters^and news- ^^ ^^ ^^ ^^nt out of the Island, passing through the Post Of- papers optional, fices of this Island, or posted at, to , be delivered from any Post Office, may, at the option of the parties sending the same, be chargeable on the delivery thereof as addressed, or be prepaid in coin, or by adhesive postage stamps, equal to the amount chargeable on such letters, or newspapers, res- pectively placed thereon. Postage on all Parcels to be prepaid. Governor, with advice of Privy Council, may vary rates, and direct postage to be prepaid. 10 — The postages on all parcels * * * not intended to be sent out of this Island, passing through the Post Offices, or posted at, to be delivered from any Post Office, shall be prepaid by adhesive postage stamps, of a value equal to the amount of the postage chargeable thereon respectively : Pro- vided, that no parcel * * * shall be forwarded by the Post, unless the same shall be prepaid as aforesaid. * * * 11— t 12 — It shall be lawful for the Governor, with the advice and consent of the Privy Council, from time to time to vary and alter the rates set forth in the schedule to this Law annexed, provided that the rates in the said schedule shall not be at any time exceeded ; it shall also be lawful for the Governor, with the advice and consent aforesaid, to direct that the postage of all letters and newspapers posted in this Island, addressed to any place within this Island, shall be prepaid at the time of the same being posted, either in coin or by adhesive post- age stamps placed thereon, equal to the amount chargeable on such letters or newspapers respectively ; J J i ± * Amended by sec. 17 of Law 12 of 1886 by omitting words, and by sec, 18 of said Law not to apply to Parcels above maximum weight of Post Parcels, t Repealed by sec. 15 of Law 12 of 1886. J Portion of sec. repealed by sec. 16 of Law 12 of 1886, Law 18, 1868. 189 13 — No printed newspaper, parcel, or book-packet shall be Conditions on sent by the post at rates other than letter-rates, nhless the pers, parcels, following conditions shall be observed : moketema be sent by post. 1. It shall be sent without a cover, or in a cover open at the sides or ends : 2. There shall be no words or communication written up- on any part of ST*!h newspaper, parcel, or book-packet, or upon any part of the cover thereof, except the name and address of the person to whom sent ; and, in the case of a parcel or book-packet, the name and address of the person sending the same : 3.—* Provided, that it shall not be compulsory to send by Post any newspapers, parcels, or book-packets. 14 — The Postmaster for Jamaica, or the district postmasters. Officers to exa- -, 11111 mine same, to may examine any such newspaper, parcel, or book-packet, discover if whether sent by the post without a cover, or in a cover open 5°^ condition •',.•'■ . ' . ■■- disregarded. at the sides or ends, in order to discover whether it is contrary in any respect to the conditions hereby required to be observed ;t f f t t 15 — Letters transmitted by post, either to or from the Go- Postage of Go- vernor, shall be exempt from inland postage ; and the Govern- Jn™Pubifc De- or may from time to time authorize the transmission, free of partment au- • 11 (.1 1 ii'i- n thorized by the inland postage, of the correspondence, on public business, of Governor, free. any Public Department, or public ofl&cer. 16 — Letters transmitted by the post may be registered up- Eegistrationof on payment of the rates in the schedule to this Law annexed, ^^**^'^^- in addition to the ordinary postage ; but such registration shall not render the Postmaster for Jamaica, or any officer of * Sub-section 3 repealed by sec. 13 of Law 12 of 1886, and provisions of the whole sec. made not applicable to Foreign Parcels by sec. 14. t Portion of sec. repealed by sec. 13 of Law 12 of 1886, and other provisions sub- stituted. 190 Law 18, 1868. Governor to provide postage stamps. the Post Office, or the Public Revenue, in any manner liable for the loss of any such registered letter, or its contents ; and all registered letters shall be delivered to the Post Office, and also be delivered by the Post Office at or between such hours in the day, and under such regulations in every respect, as the Governor sliall from time to time appoint. 17 — The Governor shall from time to time cause to be pro- vided proper and sufficient postage stamps, for expressing and denoting the rates or duties of postage, and such stamps shall be kept in the custody of the lleceiver-General and Commissioner of Stamps. 18- 19- Duties denoted by postage stamps stamp duties, and subject to Stamp Duties Law. 20— The rates or duties which shall be expressed or denot- ed by such stamps as aforesaid, shall be denominated and deemed to be stamp duties, and shall be under the control and management of the Receiver-General, and Commissioner of Stamps for the time being ; and all the powers, provisions, clauses, regulations, directions, fines, forfeitures, and penal- ties contained in, or imposed by the Law or Laws for the time being in force in relation to stamp duties, shall (so far as the same may be applicable, and may be consistent with the pro- visions of this Law), in all cases not hereby expressly pro- vided, be in full force and effect, with respect to the stamps to be provided under or by virtue of this Law, and to the paper on which the same shall be impressed, or to which the same shall be affixed, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, and recovery of the rates or duties denoted thereby, and for pre- venting, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually, to all intents and purposes, as if such powers, provisions, clauses, * Eepealedby sec. 6 of Law 18 of 1887. tries. Law 18, 1868. 191 regulations, and directions, fines, forfeitures, pains, and penalties had been repeated and specially enacted with reference to the stamps and rates of duties under this Law. 21 — All letters to or from the United Kingdom of Great Postage on let- Britain and Ireland, or any of her Majesty's colonies, or do- the United minions, or any foreign country, which shall have been pre- ^lonfeTand^ paid according to the respective rates now or hereafter to be foreign coun- established by her Majesty's Postmaster-General, or other Legislative or proper authority, shall pass through the Post OfS.ces of this Island free of any further or other postage or charge thereon ; and on letters to or from the United King- dom, or any of her Majesty's colonies, or dominions, or any foreign country, whether wholly unpaid or insuf3.ciently paid, there shall be charged such addition to the ordinary rate of postage as the Governor may agree upon with the Imperial Post Office authorities, or the Governor, or other proper authority in any of such colonies, or dominions, or as may be sanctioned by her Majesty's Government in the case of any foreign country ; but on any letters to or from any of her Majesty's colonies, or dominions, or any foreign country, re- specting which no special agreement shall have been made, there shall be chargeable the ship-letter postage, set forth in the schedule to this Law, in addition to the ordinary inland rate of postage. 22 — It shall be lawful for the Postmaster for Jamaica, or Gratuity to mas- the person in charge of the Post Office at any outport, to taSngorddi- pay to the master of any inward bound vessel for each letter, vering letters, not from the United Kingdom, which he shall deliver to such Post Office, the sum of two pence as a gratuity : Provided, that in case of letters from the United Kingdom the gratuity paid shall be one penny ; and it shall be lawful for the Postmas- ter for Jamaica, or the person in chargeof any Post Office as aforesaid, to pay to the master of any outward bound vessel a gratuity of two pence for each letter, addressed to any place not within the United Kingdom (the gratuity upon letters to the United Kingdom being payable on delivery there), which 192 Law 18, 1868. he shall undertake to deliver at any port or place at which the vessel shall touch in the course of her voyage. Exemptions 23 — The following persons shall be entitled to have their letters free from sea-postage; (that is to say), the owners, charterers, or consignees of any inward hound vessel, and the owners, charterers, or consignees, or shijipers of goods on board any such vessel ; but the letters brought by any one vessel to any one such person shall not collectively exceed six ounces in weight; and the owner, charterer, or consignee shall be described as such on the address and superscription : In the case of owners, shippers, or consignees of goods, it shall also appear by the ship's manifest that they have goods on board the vessel ; and the persons hereby exen^pted shall be entitled to have their letters, which come within the above conditions, before the master of the vessel delivers the other letters in his charge to the Post Office : Provided, that if the master of the vessel shall deliver any such ship-letter into the Post Office the same shall cease to be privileged, and shall be liable to the full rate of sea and inland postage. Masters of ves- 24 — Evcry master or commander of a vessel, such vessel aiiletterVir not being a Post Office packet, arriving in this Island, shall Post Office. cause all letters on board his vessel, not exempted under the preceding clause, to be collected and enclosed in some bag or other envelope, and to be sealed with his seal, and shall de- liver the same to the Postmaster at the port or . place where the vessel shall report ; and shall sign a declaration in the presence of such Postmaster, or other person authorised by the Postmaster, who shall also sign the same ; and such decla- ration shall be in the following form (that is to say) ; Declaration. "I, A. B., master, or commander of the (state name of ship or vessel), arrived from (state place), do, as required by Law, solemnly declare that I have, to the best of my knowledge and belief, delivered, or caused to be delivered to the Post Office, every letter-bag, Law 18, 186B. 198 package, or parcel of letters that were on board the (state vessel's name), except such, letters as are ex- empted by Law," And no ofiBicer of the Customs shall permit any such vessel to report until such declaration shall have been made and produced. 25 — Every master of a vessel who shall refuse, or wilfully Penalty on re- neglect to make such declaration, shall forfeit the sum of mXe^or require twenty pounds ; and every officer of the Customs who shall declaration on , ■"■ " , , makixg entry permit such vessel to report, before the requisites of this Law before delivery have been complied with, shall forfeit the sum of twenty °*'^**^"- pounds ; and every master of a vessel who shall break bulk, or make entry before all letters on board, not exempted from postage, shall be sent to the Post Office, shall forfeit twenty pounds ; and every master of a vessel, or any other person on board any ship liable to the performance of quarantine, who shall on demand neglect or refuse to deliver to the per- son or persons appointed to superintend the quarantine, all such letters in his possession, shall forfeit twenty pounds. 26 — The person or persons appointed to superintend such Persons ap- quarantine is or are hereby authorized and required to re- perintend" quar- ceive and collect such letters ; and due care and precaution antine to receive having been exercised in respect to them, to deliver them to the Post Office for transmission in the usual manner. 27 — The Governor may appoint any person to demand from Governor may the masters of vessels arriving at or off a port of the Island, to demtnd ler"* all letters on board the same, liable to postage, and the mas- ^^^ f^o™ ™?8- ter of any such vessel shall forthwith deliver all such letters on board to such person, on his demanding the same. JiS — Every person, being either the master of a vessel in- Penalty on 11 1 J" J.1 jM D J.^ masters, crew, ward bound, or one oi the officers, or one or the crew, or a and passengers passenger thereof, who shall knowingly have any letter, not ^avmg letters. exempted from postage, in his possession, after the inaster shall have sent the ship's letters to the Post Office, shall for- 194 Law 18, 1868. feit, for every letter, five pounds ; and whether the letter he in the haggage, or on the person of the offender, or otherwise in his custody, it shall he held to be in his possession ; and every such person who shall detain any such letter, after de- iidand made, either by the oflScer of Customs, Quarantine offi- cer, or other person authorised to demand ship-letters, shall forfeit for every letter, ten pounds. Officers o£ Cus- £9 — Any officer of Customs may search any vessel for let- toms to search «' . any vessel for tcrs which may be on board contrary to this Law, and may seize all such letters, and forward them to the nearest Post Office ; and the Customs' officer, who shall so seize and send them, shall be entitled to a moiety of the penalties which may be recovered for any such offence. Penalty on mas- 30 — Every master of a vessel arriving in this Island, who refusing to take shall not duly deliver, or caused to be delivered, a letter-bag fetters, or not^^^ entrusted to him for delivery, without the same having been rivai,and on per- wilfully opened, shall forfeit twenty pounds; and every per- the^seaf of'a let- SOU to whom letters may have been entrusted by the master ter-bag. pf ^ vesscl to bring on shore, who shall break the seal, or in any manner wilfully open the same, shall forfeit twenty pounds. Penalty on per- 31 — Evcry person who shall convey, otherwise than by the fet°erso°her^se po^t, any letter required by this Law to be conveyed by post, than by post. shall, for every letter, forfeit five pounds ; and every person who shall be in the practice of so conveying letters required to be conveyed by post, shall, for every week during which the practice shall be continued, forfeit fifty pounds ; and every person who shall perform, otherwise than by post^ any services incidental to conveying letters from place to place, whether by receiving or by taking up, or by collecting, or by ordering, or by despatching, or carrying or re-carrying, or by delivering a letter required to be conveyed by post, shall for- feit, for every letter, five pounds; and every person who shall be in the practice of so performing any such incidental services shall, for every week during which the practice shall Law 18, 1868. 195 be continued, forfeit fifty pounds ; and every person who shall send, or cause to be sent a letter, required to be convey- ed by post, otherwise than by the post, or shall either tender or deliver a letter so required to be conveyed, in order to be sent otherwise that by the post, shall forfeit for every letter five pounds ; and every person who shall be in the practice of committing any of the acts last-mentioned, shall for every week duringwhich the practice shall be continued, forfeit fifty pounds ; and every person who shall make a collection of ex- cepted letters, for the purpose of conveying or sending them otherwise than by the post, shall forfeit for every letter five pounds ; and every person who shall be in the practice of making a collection of excepted letters for that purpose, shall forfeit, for every week during which the practice shall be continued, fifty pounds : And it is hereby declared, that the term "post" shall herein include all post communications by land or by water (except by outward bound vessels, not being Post Office packets) : And the above penalties shall be incurred whether the letter shall be sent singly or with any thing else, or such incidental service shall be performed in respect to a letter either sent or to be sent singly, or together with some letter or thing ; and in any proceeding for the re- covery of any such penalty, the onus shall lie upon the party proceeded against to prove that the Act, in respect of which the penalty is alleged to have been incurred, was done in conformity to this Law. 32— Every person employed by or under the Post Office, pioyment°of "' who shall, contrary to his duty, open or procure, or suffer to Post Office be opened a post-letter, or shall wilfully detain, or delay, or wilfully dJ- procure, or suffer to be detained or delayed a post-letter, shall i^^J"^^ 5°^*" be guilty of a misdemeanor, and, being convicted thereof, shall meaner. suffer such punishment, by fine or imprisonment, or by fine and imprisonment, as to the Court shall seem meet. 33 — Every person employed by or under the Post Office, emtezfinl who shall steal, or for any purpose whatever embezzle, se- letters felony. Crete, or destroy a post^letter, shall be guilty of felony, and shall, at the discretion of the Court, be imprisoned, with or 196 Law 18, 1868. stealing out of a letter felony. Stealing post- letter-bag or letter from post-letter-bag felony. without hard labour, for any term not exceedimg two years ; and if any such post-letter, so stolen or embezzled^ secreted or destroyed, shall contain any chattel or money whatsoever, or any valuable security, every such offender shall be impri- soned, with or without hard labour, for any term not exceed- ing four years. 34 — Every person who shall steal from or out of a post- letter, any chattel, or money, or valuable security, shall be guilty of felony, and shall be imprisoned, with or without hard labour, for any term not exceeding four years. 35 — Every person who shall steal a post-letter-bag^ or a post-letter from a post-letter-bag, or shall steal a post-letter from a Post OfBce, or from an oflBlcer of the Post Ofl5.ce, or from a mail, or shall stop a mail with intent to rob or search the same, shall be guilty of felony, and shall be impiisoned, with or without hard labour, for any term not exceeding four years. fent b^Poft 36— Every person who shall steal or unlawfully take away Office packet or a post-lettcr-bag, sent by a Post OflB.ce packet, or who shall therefrom fe- stcal or Unlawfully take a letter out of such bag, or sha,ll un- lony. lawfully open such bag, shall be guilty of felony, and shall be imprisoned, with or without hard labour, for any termnot exceeding four years. Receivers of 37 — Every person who shall receive any post-letter or post tert&c°!?ui%^ letter-bag, or any chattel, or money, or valuable security, the of felony. stealing, taking, or embezzling whereof shall amount to a felony under this Law, knowing the same to have been felo- niously stolen, taken, embezzled, or secreted, and to have been sent, or to have been intended to have been sent by the post, shall be guilty of felony, and may be indieted. and con- victed, either as an accessory after the fact, or for a substan- tive felony ; and, in the latter ease, whether the principal fe- lon shall or shall not have been previously convicted, or shall or shall not be amenable to justice ; and every such receiver, Law 18, 1868. 197 however convicted, shall be liable to imprisonment, with or without hard labour, for any term not exceeding four years. 38 — Every person who shall fraudulently retain, or shall Fraudulently wilfully secrete, keep, or detain, or, being required to deliver terThich* ^*^ up by an officer of the Post Office, shall neglect or refuse to ought to have deliver up a post-letter, which ought to have been delivered to another mis- to any other person, or a post-letter-bag or post-letter, which 'demeanor. shall have been missent, whether the same shall have been found by the person secreting, keeping, or detaining, or ne- glecting, or refusing to deliver up the same, or by any other person, shall be guilty of a misdemeanor, and, being con- victed thereof, shall be liable to be punished, by fine or im- prisonment, or by iine and imprisonment, in the discretion of the Court. 39 — Every person who shall solicit, or endeavour to pro- Soliciting to ,-. , • 1 n 1 • 1 commit felony cure any other person to commit a lelony or misdemeanor, or misdemean- punishable under this Law, shall be guilty of a misdemeanor, or misdemeanor and, on conviction, be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years. 40 — The offence of every offender against this Law may be venue in in- dealt with and indicted and tried and punished and be laid '^'=*">«'i*»- and charged to have been committed in any parish or place where the offence was committed, or where the offender shall be apprehended or be in custody ; and where the offence shall be committed in or upon or in respect of a mail, or upon a person engaged in the conveyance and delivery of a post- letter -bag or post-letter, or in respect of a post-letter-bag or post-letter, or a chattel, or money, or valuable security sent by the post, such offence may be dealt with and indicted and tried and punished and laid and charged to have been com- mitted as well in any parish or place in which the offender shall be apprehended or be in custody, as also in any parish or place through any part whereof the mail, or the person, or the post-letter-bag, or the post-letter, or the chattel, or the 198 Law 18, 1868, Property may- be laid in Post- master for Ja- maica. Penalty on persons em- ployed to con- vey or deliver a post-letter-bag or post-letter giiilty of care- lessness, negli- gence^ or mis conduct. money, or the valuable security sent by the post in respect of which, the oflPence shall have been committed, shall have passed in due course of conveyance or delivery by the post. , . 41 — In any case where an offence shall be committed in respect of a post-letter-bag, or a post-letter, or a chattel, money, or valuable security sent by the post, it shall be law- ful to lay, in the indictment against the offender, the property of the post-letter -bag, post-letter, chattel, money, or valuable security in the Postmaster for Jamaica ; and it shall not be necessary, in the indictment to allege, or to prove upon the trial or otherwise, that the post-letter-bag, or any such post- letter, or valuable security, was of any value; and in any in- dictment to be preferred against any person employed under the Post Office, it shall be sufficient to state that such offender was employed under the Post Office of Jamaica at the time of the committing of such offence, without stating further the nature or particulars of his employment. 42 — Every person employed by or under the Post Office to convey or deliver a post-letter-bag, or a post-letter, who shall, whilst so employed, or whilst the same shall be in his cus- tody, care, or possession, leave a post-letter-bag, or a post- letter, or suffer any person, not being the guard or person employed for that purpose, to ride in or upon any carriage or cart used for the conveyance of a post-letter- bag, or post- letter, but not authorized to carry passengers, or upon any animal used for the conveyance of a post-letter -bag, or post- letter ; or if any person, so employed as aforesaid, shall be guilty of any act of drunkenness, or of carelessness, negli- gence, or other misconduct, whereby the safety of a post-letter- bag, or a post-letter shall be endangered, or who shall collect or receive, or convey, or deliver a letter otherwise than in the ordinary course of post, or who shall give any false informa- tion of an assault or attempt at robbery upon him, or who shall loiter on the road or passage, or wilfully misspend his time, so as to retard or delay the progress or arrival of a post- letter -bag, or post-letter, or who shall not use due and proper care and diligence safely to convey a post-letter-bag, or post- Lam 18, 1868. 199 letter, at the rate of speed appointed by, and according to the regulations of the Post Office for the time being, being thereof convicted, shall forfeit five pounds. 43 — Every person authorized by virtue of his office to frank Penalty on official letters, who shall superscribe a letter as belonging to for°o^her thl^™ his office or department which does not concern the business official purposes, thereof, shall, for every such offence, forfeit twenty pounds; and every clerk, or person employed in the office of any per- son so authorized to frank official letters as aforesaid, who shall superscribe a letter as belonging to such office or de- partment, which does not concern the business thereof, shall, for every such offence, forfeit the sum of ten pounds ; and every person who shall, with intent to evade any duty of postage, falsely superscribe a letter as being the owner, or the charterer, or the consignee of a vessel conveying the same, or as the owner, or the shipper, or the consignee of goods shipped in such vessel, shall, for every such offence, forfeit ten pounds. 44 — And whereas the letters of soldiers and seamen are Penalty on the permitted to pass through the Post Office, under certain con- transmission of ditions, at a reduced rate of postage : Be it enacted, that every mens''^letters^* person having the command of a ship, or vessel, or regiment, or corps, or detachment, who is authorized to write his name, and the name of the ship, or of the vessel, or of the regiment, or corps, or detachment commanded by him, upon a single letter from a seaman, or soldier, privileged to send his letter at a reduced rate of postage, who shall wilfully write his name upon a letter that is not from and on the private con- cerns only of such seaman, or soldier so privileged, shall, for every such offence, forfeit five pounds ; and every person, not having at the time the command of the ship, or vessel, or regi- ment, or corps, or detachment, to which a seaman or soldier so privileged belongs, who shall write his name upon a letter, in order that the same may be sent at a reduced rate of postage, shall, for every such offence, forfeit five pounds ; and every person who shall procure a seaman or soldier to obtain the signature of his commanding officer upon a letter to be 200 Law 18, 1868; Governor to make and alter or amend rulea, &c. sent by the post, which shall not be on the private concerns of such seaman or soldier, and every such seaman or soldier who shall so obtain the signature of his commanding officer, in order to avoid the payment of the rates of postage, by Law established, shall, for every such offence, forfeit five pounds; and every person who shall wilfully address a letter to such seaman or soldier, having the privilege aforesaid, which shall be intended for another person, or which shall be concerning the aflPairs of another person, with intent to evade the pay- ment of the rate of postage by Law established, shall, for every such offence, forfeit five pounds. 45 — The Governor may from time to time make, alter, or amend rules, orders, and regulations for the general govern- ment, guidance, and conduct of the Post Office, and all and every the officers, clerks, agents, and servants in such depart- ment ; and, until such rules, orders, and regulations shall be made, or in so far as any which may have been already made, may not extend or apply, the Post Office shall be regulated, and the officers, clerks, agents, and servants thereof shall be governed by the rules, orders, and regulations which are, or may be in practice in the Post Office department, under the management and control of the Postmaster-general in England. Jamaica Ga- 46 — The publication, in the " Jamaica Gazette by Authority," zette evidence „ ■, ■, ,. . , , . '' of rules, &o. 01 ^ny rule, regulation, warrant, or order made m pursuance or under the authority of this Law, shall be sufficient evi- dence of such rule, regulation, warrant, or order. Governor may sanction ar- rangements with the go- vernment or postal authori- ties of the United King- dom, the colo- nies, or any foreign country. 47 — It shall be lawful for the Governor, from time to time to make orders, rules, and regulations for authorizing, sanc- tioning, or giving effect to any arrangements which require to be made with the government, or the postal authorities of the United Kingdom, or of any of her Majesty's colonies or dominions, or of any foreign country, with regard to the collecting and accounting for, or disposing of postage, the transmissipn of mails, and other matters connected with posts Law 18, 1868. and postal business, and the renmneration or indemnity to be paid or reoeiTed under any such, arrangements, 48 — It shall be lawful for the Governor from time to time Governor may , 1 1 1 , , . make orders : to make orders and regulations : 1, With the sanction of the Postmaster-general, or other order^system the Imperial postal authorities, in respect to the money- with United order system established with the United Kingdom, ""^ °""' and the payment of any orders drawn by Postmasters in the United Kingdom on Postmasters in this Island, 2, Por providing, when he deems it expedient, means for a» to mon^- avoiding the risk of transmitting small sums of money the island, through the post, and establishing a system of money- orders within this Island, and fixing the terms on which such orders may be obtained. 3, Por establishing the money-order system, so as to in- «» *° °"*"Y\ii elude the granting of money-orders on Postmasters in colonies or for- her Majesty's colonies or dominions, and in the United *'^ countries. States of North America, and the payment of any or- ders drawn by such Postmaster on Postmasters in this Island, on such terms and conditions as he may deem expedient. 49 — All duties of postage continued or imposed by this Recovery of Law, or any previous Act of this Island, may be sued for and ^g*'®* °* p°**' recovered with full costs of suit in a summary manner, before any two Justices of the Peace of the Parish where the duties were demandable or payable, on the complaint of any Post- master. 60^ — ^AU pecuniary penalties and forfeitures imposed by Recovery of this Law and the Act twenty-sixth Victoria, session one, chap- ^^°* ter seven, or any Act thereby continued in force, hereby de- clared to be recoverable, notwithstanding the expiration or repeal of the said last-mentioned Act, may be recovered and enforced with full costs of suit, on the complaint of any Post- master, in a summary manner, before any two Justices of the 202 Law 18, 1868. Justices may mitigate penal- ties. Monies of post- age to be paid by Postmaster for Jamaica to General Beve- Interpretation clause. Peace of tlie Parish where the oflFence was committed, or the oifender be apprehended, and, in default of payment, may be enforced by imprisonment not exceeding ninety days. 51 — The Justices before Avhom any person shall be con- victed of an offence under this Law, subjecting him to a pen- alty thereunder, shall have power to mitigate the same when they see cause so to do : Provided, that all reasonable costs and charges in prosecuting for such offence shall always be allow- ed over and above the sum to which the penalty is mitigated. 52 — All monies received and collected for postage shall be paid by the Postmaster for Jamaica to the credit of the General Revenue of the Island, at such times and in such manner as the Governor shall direct. 53 — In this Law the term "mail" shall include eTcry conveyance by which post-letters are carried, whether it be by a coach, or cart, or horse, or other conveyance ; and also a person employed in conveying or delivering post-letters ; and also every vessel which is included in the term "packet-boat;" the term " post-letter -bag" shall mean a mail of letters, or a box, or a parcel, or any other envelope in which post-letters are conveyed, whether it does or does not contain post-letters ; and the term " master of a vessel" shall include any person in charge of a vessel, whether commander, mate, or other person; and the expression " officer of the Post Office" shall include the Postmaster for Jamaica, and any district Post- master, agent, officer, clerk, letter-carrier, guard, post-boy, rider, or any other person employed in any business of the Post Office, Avhether appointed by the Governor, or employed by the Postmaster for Jamaica, or by any person under him, or on behalf of the Post Office ; " persons employed by or under the Post Office" shall include every person employed in any business of the Post Office, according to the interpre- tation given to officers of the Post Office ; the term " packet- boat" shall include vessels employed under the general Post Office in the United Kingdom, or by or under the Post Office of this Island, fpr the transmission of post-letters, and also Law 18, 1868. 203 ships or vessels (though not regularly employed as packet- boats) for the conveyance of post letters under contract, and also a ship of war, or other vessel in the service of her Majes- ty, in respect of letters conveyed, by it; the term "postage," shall mean the duty chargeable for the transmission of post- letters; the term " post-letter" shall mean any letter, book, packet, or parcel transmitted by the post under the authority of the Postmaster-general of the United Kingdom, or of this Law ; and a letter shall be deemed a post-letter, from the time of its being delivered at the Post Office, to the time of its being delivered to the person to whom it is addressed ; and a delivery to a letter carrier, or other person authorized to receive letters for the post, shall be deemed a delivery to the Post Office ; and a delivery at the house or office of the per- son to whom the letter is addressed, or to him, or to his ser- vant, or agent, or other person considered to be authorized to receive the letter, according to the usual manner of deliver- ing that person's letters, shall be a delivery to the person addressed; the term "Post Office" shall mean any house, building, room, or place where post-letters are received or delivered, or in which they are assorted, made up, or despatch- ed; the term "ships" shall include vessels other than packet- boats ; the term " ship-letter" shall mean a letter transmitted inwards or outwards over seas by a vessel not being a packet- boat; the term "vessel" shall include any ship or other ves- sel other than a packet-boat, 54 — Notwithstanding the expiry or repeal of the twenty- Offence against sixth Victoria, session one, chapter seven, for the management ^der 26 vL of the Post Office department in this Island, any offence com- ^- ^ ": ^> ™ay mitted against, or penalty incurred under any provision of recovered not- the said Act, or any Act thereby continued in force, may be ^peai*"**'"^ prosecuted and punished, or proceeded for, as if the said Act had not expired or been repealed ; and all bonds to the Crown, which shall have been given by the officers of the Post Office, and their respective sureties, for good conduct in their respective offices, or otherwise, shall remain in force ; and all contracts entered into for the Post Office service, and all 204 Law 18, 1868. Short title. Commence- ment of this Law. bonds, intruments, and other securities, for the dme perform- ance of the same, shall continue and remain in full force and eifect ; hut it shall be lawful for the Governor to require new or additional security from any officer or contractor, to such amount, and with such sureties, and to determinse any con- tract, and to enter into any new contract, as he may think fit. 55 — This Law may be cited for all purposes as " The Post Office Law, 1868." 56 — That this Law shall come into operation upon the first day of July, 1868. Mm 18, 18g8. 205 I 1-9 soil o " -•» .9 ts .^ * * d * P o 2 h ^ Sj S o « ^ H W Ph o c ® G ei o o o .^ ■ o 5 o-_ a p<.g O (3 K P CD n 0} • o o -g »>»2 0,4 .Sfe s.a IS 5 IziO o 206 Law 18, 1868. CO o P-i 03 o 2 !^ s-^.a , go .spg^ O 3 ceed e or exci le Foo pth. 1 half half a ht. Sfl§-S SO («-( bh ■P" O'S^ s-s-sg H- ■■3 a^ S -^ ^" J |2h Parcel !es in We in lengtl widt H ach ad iional ii B 3 a> o o O^ , ■o -v= CO four Ounces, and no ding eight Ounces in Weight. s Ph ft ''I boTe half an Ounce, ut not exceeding one Ounce in Weight. g s ft ■ o •s-5 fa' 55 g- m ^1- o ^a*ion. price shall be ascertained by arbitration, and the costs of such arbitration shall be in the discretion of the arbitrators. \ 10 — After any lands, tenements, or hereditaments, intend- ^®"°^* capaoi- ed to be taken or used by the said Company for the purposes Law may enter of their said undertaking, shall have been set out and ascer- an^d^Te Ss. 226 Law 31, 1868. tained, it sliall be lawful for all Bodies and persons, particu- larly for all corporations, tenants for life, or in tail, or for any other partial or qualified estate or interest, husbands, guardians, trustees, and feoffees in trust for charitable and other purposes, executors, administrators, coinmittees, and all trustees and persons "vyhomsoever, not only for them- selves, their heirs and successors, but also for and on behalf of their wives and wards, and as to such committees also for and on behalf of the lunatics and idiots of whom they shall be the committees respectively, and as to all such corpora- tions, tenants in tail, or for life, trustees, and feoffees in trust, executors, administrators, and other persons as afore- said, also for and on behalf of their cestique trusts, whether infants, issue unborn, lunatics, idiots, femes covert, or other persons, and for all femes covert seized, possessed of, or in- terested in their own right, or entitled to dower or other in- terest in, and for all other persons whomsoever who are or shall be seized, or possessed of, or interested in any lands, tenements, or hereditaments^ to contract for, sell, and con- vey the same, or any part thereof, and to grant any rights or liberties of way, or user in the soil only, in any lands, tenements, or hereditaments unto the said Company ; and all such contracts, sales, and conveyances, and grants, shall be made at the expense of the said Company, and shall be made according to either of the following forms, or as near thereto as the circumstances of each case will admit or require : Form of con- "THE INTERNATIONAL OCEAN TELEGEAPH '^^'""- COMPANY." I, A. B. of in consideration of the sum of paid to me by " The International Ocean Telegraph Company," do hereby, in pursuance of " The International Ocean Telegraph Company's Law, 1868," grant and convey unto the said Company, and their suc- ' cessors, all that (here describe the parcel or parcels to be conveyed), together with all rights and appurtenances thereunto belonging : To have and to hold the same un- Law 31, 1868. 227 to, and to the use of the said Oompany, their successors and assigns for ever, according to the true intent and meaning of the said Law : In witness whereof I have hereunto set my hand and seal, this day of in the year of our Lord " THE INTERNATIONAL OCEAN TELEGRAPH COMPANY." I, A. B. of in consideration of the Form of grant, sum of paid to me by " The International Ocean Telegraph Oompany," do hereby, in pursuance of "The International Ocean Telegraph Compa- ny's Law, 1868," grant unto the said Company, and their successors, all the right and liberty of way or user (or such other rights as may be grant- ed), of and in all that (here describe the lands to be affected), together with all rights and appur- tenances thereunto belonging : To have and to hold the same unto, and to the use of the said Compa- ny, their successors and assigns for ever, according to the true intent and meaning of the said Law : In wit- ness whereof I have hereunto set my hand and seal, this day of in the year of our Lord And all such conveyances and grants as aforesaid shall be valid and effectual in the Law, to all intents, to vest in the said Company, their successors and assigns, the lands, tene- ments,and hereditaments thereby conveyed, or the rights and liberties thereby granted, freed, and discharged from all other estates, rights, titles, interests, and incumbrances whatsoever affecting the same. 11 — Where any lands, tenements, or hereditaments, which Company may shall be purchased by the said Company, shall be subject sole- ofiand^&e.ffor ly or iointly with other lands, tenements, or hereditaments suchconaider- j. 1-j^ -j-i, J. • J.1 ation as agreed or not SO purchased, to or with any rent service, rent charge, or fixed by Judge chief rent, or other rent, or payment, or incumbrance, it shall oourt!""* 228 Law 31, 1868. be lawful for the said Compamy to agree for the release of such lands, tenements, and hereditaments so to be purchased, from such rent payment or incumbrance, and for an ap- portionment of such rent payment or incumbrance, where ne- cessary, for such consideration in money as shall be agreed upon between the said Company and the party who, un- der the provisions of this Law, shall agree to sell or appor- tion the same rent payment or incumbrance, or as shall be assessed by the Judge of the District Court, as hereinafter mentioned ; and in case any difference shall arise respecting the apportionment of such rent payment or incumbrance, or the money or equivalent offered for the same, then the value and the apportionment of the same shall be determined by the Judge of the District Court in manner hereinafter mentioned, which Judge shall apportion such rent payment or incumbrance according to the relative values of the lands, tenements, and hereditaments so to be purchaised, and of the lands, tene- ments, and hereditaments not so purchased, out of or from which such rent payment or incumbrance shall be jointly issuing ; and all contracts, conveyances, and assurances, which shall be made by and between the said Company and any such party as aforesaid respecting such release, shall be valid and effectual in the Law, and shall extinguish the whole or a pro- portionate part of such rent payment or incumbrance, as the case may be, which shall be within the powers and regulations of this Law : Provided always, that when the said land^s, tenements, and hereditaments so to be purchased shall be re- leased from any rent payment or incumbrance affecting the same jointly with other lands, tenements, and hereditaments, such other lands, tenements, and hereditaments shall be charged only with the remainder of such rent payment or in- cumbrance, andsuch apportionment shall not prejudice the re- medies for such remainder, but the same shall at all times thereafter remain as effectual as if the lands, tenements, and hereditaments not so purchased had been originally charged with the amount only : Provided also, that when a part only of any rent payment or incumbrance shall be released, it shall be lawful for the said Company, on tender for that pur- Law 31, 1868. 229 pose of any deed or mstrument creating or transferring such rent payment or incumbrance, to execute a memorandum, endorsed on sucli deed or instrument, declaring what part of the lands, tenements, and hereditaments originally sub- ject to such rent payment or incumbrance shall have been purchased by virtue of this Law, and what proportion of the said rent payment or incumbrance shall have been released, and also declaring the amount of the rent payment or incum- brance which subsists and continues payable ; and such memorandum shall be evidence in all Courts of the facts thereby stated, but not so as to exclude any other evidence of the same facts. 12 — On or before the expiration of one calendar month One month af- next after notice in writing from the said Company, or their ^iw*fr^ agent duly authorized, of their intention to take or use any Company any land, tenement, or hereditament, or any part thereof, for the entitled to give purposes of this Law, shall have been given to any Body or their'^eatete and person seized, possessed of, or entitled in, or authorized by claim for com- this Law to accept and receive satisfaction or compensation ^™** '""■ for the value of the same, or any estate, share, or interest therein, or charge thereon, or for any injury or damage sus- tained on account of the execution of this Law, such Body or person shall deliver, or cause to be delivered at the ofl&ce of the said Company, a statement in writing of the particulars of the estate, share, interest, or charge which they or he claim to be entitled to, or to be authorized to receive satisfaction or compensation for, and of the injury or damage sustained by them or him, and of the amount of the sum of money which they or he may expect and be willing to receive in satisfaction or compensation for the value of such estate, 'share, interest, or charge, and for such injury or damage respectively. 13 — All Bodies and persons by this Law capacitated to sell Bodies and aud convey any lands, tenements, or hereditaments, or to tS to "con-"*" grant any rights or liberties in any lands, teiaements, or here- ^ey may ac- ditamen,ts through, under, in, upon, over, along, or across '^^ "ompensa- 230 Law 31, 1868. tion, in case of disagree- ment, to be settled by Judge of Dis- trict Court. wliieli the said works hereby authorized are intended to be made, or any share, estate, or interest therein, may accept and receive satisfaction or compensation for the value of such lands, tenements, and hereditaments, or the interest, right, or user therein, by them or him conveyed; and also compensa- tion for and on account of any damage sustained by them or him by reason or on account of any of the works by this Law authorized, or of the execution of any of the powers of this Law, in such gross sums as shall be agreed upon between the said owners (including persons hereby capacitated as afore- said) and occupiers respectively and the said Company ; and in case the said Company and such parties respectively shall not agree as to the amount or value of such purchase money, satisfaction, or compensation, the same respectively, or either of them, concerning which they shall not so agree, shall be ascertained and settled by the Judge of the District Court, who is heireby authorized to regulate the proceedings on any such inquiry, and shall summon and compel the attendance before him of the parties and their witnesses, and examine them, or any of them upon oath, and may call for and compel the production, upon oath, of all books and documents, and shall inquire of, assess, and ascertain, and give judgment for the sum of money to be paid for purchase money, or by way of satisfaction or compensation, either for the damages which shall before that time have been done or sustained as afore- said, or for the future temporary or perpetual, or for any re- curring damages which shall have been so done or sustained as aforesaid, and the cause or occasion of which shall have been in part only obviated, removed, or repaired ; and for damage, loss, or injury as aforesaid in such manner, with reference to the apportionment of damages or otherwise, as he may think fit; and the judgment. thereupon to be pronounced, and all orders made by the said Judge in any such matter, shall be entered of record in the ofl&ce of the Clerk of the District Court, and be binding and conclusive to all intents and pur- poses upon all parties and persons whomsoever, and may be enforced and carried out in the same manner as any other judgment or order of the District Court ; and such Judge shall Law 31, 1868. 231 have and exercise in the premises all or any of the powers for compelling the attendance and swearing of parties and witnesses, and otherwise as may for the time heing be vested in him as such Judge of the District Court. 14 — Upon payment or legal tender of any sum or sums of ^^tende/S*"* money which shall have been agreed upon between the par- tueh compen- ties, or awarded by the Judge of the District Court in manner caso° h'e°par- aforesaid as the purchase money for any lands, tenements, or f^^ cannot be hereditaments, or for any estate or interest, right, or user in fuse, or are any lands, tenements, or hereditaments, or as a satisfaction, m^^e^a*good recompense, or compensation for any damages, as hereinbe- ^iti® °? invest- fore mentioned, to the respective proprietors of such lands. Public Treasury tenements, or hereditaments, and other persons respectively *'^«''^°*> ^°"i- interested therein, and entitled to receive such money or satis- ter.andpre- o ,• ,. ,. 1 -J? ji misesvestin taction, recompense or compensation respectively, or it the them, parties so respectively entitled or interested as aforesaid can- not be found, or shall refuse to receive such moneys as afore- said, or shall refuse, neglect, or be unable to make a good title to, or shall refuse to execute the necessary conveyances or assurances of the premises, or in case such money shall be liable to be invested in the purchase of other lands, tene- ments, or hereditaments, then and in any of such cases, upon payment of such money into the Public Treasury, as is here- inafter directed, within three calendar months after the same shall have been so agreed upon, or awarded, or after such tender, refusal, neglect, or disability shall be made or dis- covered for the use of the party entitled thereto, it shall be lawful for the said Company forthwith to enter upon and take possession of such lands, tenements, and hereditaments, and to make and construct the works by this Law authorized, and in respect of which such satisfaction, recompense, or compen- sation shall have been agreed upon or awarded ; and the lands, tenements, and hereditaments whereupon such entry shall have heen made, and whereof such possession shall have been taken, and the fee simple and inheritance thereof, together Avith the yearly profits thereof, and all the estate, use, trust, and interest of every person whomsoever therein. 232 Law 31, 1868. shall thenceforth be vested in, and become the sole pro- perty of the said Company, to and for the purposes of this Law ; and such payment, tender, or investment shall not only bar all the right, title, interest, claim, and demand of all such persons, and operate to merge outstanding or other terms of years, but also shall bar the dower of the wife of every such person, and all estates' tail, and other estates in rever- sion and remainder or otherwise, of his issue, and of every other person whomsoever therein : Provided, that until such payment, tender, or investment as aforesaid shall have been made, it shall not be lawful for the said Company ,v or for any person acting under their authority, to bore, dig, or cut into, or enter upon such lands, tenements, or hereditaments for any of the purposes of this Law, without the previous consent of the owners and occupiers thereof respectively. In case of not 15— In case any person, to Avhom any money shall be &c,, money To awarded under this Law for any estate or interest, right or th ^*ffi '°*f th 1^^^^' shall refuse to accept the same, or shall refuse, neglect. Treasurer. or be unable to make a good title to any lands, tenements, or hereditaments, or to any right or user therein, for the pur- poses of this Law, or shall be absent from this Island, or cannot be found, or if any person entitled unto, or to convey such lands, tenements, or hereditaments, or right or user therein, be not kncJwn or discovered, or be not shown so to be to the satisfaction of the Company, or be absent from this Island, then, and in every such case, it shall be lawful for the said Company to cause the money so awarded to be paid into the Public Treasury, to be placed to the credit of the parties interested in the said lands, tenements, or hereditaments (de- scribing them, so far as the said Company can do so), and the Treasurer of this Island shall give a receipt for the same, mentioning and specifying therein for what and for whose use the same is received; and the Treasurer shall pay out such moneys according to any order of the Judge of the District Court of the district in which such lands, tenements, or here- ditaments are situated : Provided always, that such moneys, while deposited in the Public Treasury, shall not bear interest. Law 31, 1868. ?33 16 — No action, suit, or information, nor any proceeding of ^'I?'***'^ °^ what nature soever, shall be brought, commenced, or prose- cuted against the said Company, or any person for anything done in pursuance of this Law, or in the execution of the powers or authorities, or any of the orders made, given, or directed in, by, or under this Law, unless twenty-eight days' previous notice in writing shall be given by the party intending to commence and prosecute such action, suit, or information to the intended defendant, nor unless such action, suit, or in- formation shall be brought or commenced within six calen- dar months next after the fact committed, or in case there shall be a continuation of damage, then within three calen- dar months next after the doing or committing such damage shall have ceased, nor unless such action, suit, or information shall be laid and brought in the parish or place where the matter in dispute or cause of action shall arise ; and the de- fendant in such action, suit, or information may plead the general issue and give this Law and the special matter in evidence at any trial to be had thereupon, and that the same was done by the authority of this Law ; and if it shall appear to have been so done, or that such action, suit, or information shall have been brought otherwise than as hereinbefore directed, then, and in every such case, the District Judge or the jury shall find for the defendant, and thereupon, or if the plaintiflP shall become non-suited, or suffer discontinuance of his ac- tion, suit, or information, after the defendant shall have ap- peared thereto ; or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall have costs, and shall have such remedy as defendants have for re- covering costs of suit by Law in any other cases. 17 — All materials imported for the construction, mainte- Materials free nance, or use of any of the works of the said Company, shall oddity, Ac- he admitted free of all duties or imposts ; and all instruments and documents under this Law, and all conveyances of land, or other assurances of any property whatsoever to the said Company, shall be exempt from stamp duty ; and the said Company, in their corporate capacity, shall be exenapt from 234 Law 31, 1868. all other taxes and dues, save and except the consolidated quit rent and land tax. EESTRICTIONS AS TO TELEGRAPHS UNDEE STREETS OR PUBLIC ROADS. Company not 18 — The said Company shall not place a telegraph under graph unde/ ^JiJ street within the limits of any city or town, without the atreots, &o., consent of the Bodies having the control of the streets within without con- " sent. such resjiectivc limits. Depth, course, &c., of under- ground works to be agreed on, or fixed by Judge of Dis- trict Court. 19 — Where the said Company have obtained consent to the placing, or, by virtue of the powers of the said Company un- der this Law, intend to proceed with the placing of a tele- graph under a street or public road, the depth, course, and position at and in which the same is to be placed shall be set- tled between the said Company and the following Bodies : The Body having the control of the street or public road. The Body having the control of the sewerage or drainage thereunder. And if there shall not be any such Body as last-mentioned, then with the first named Body alone ; but, if such settlement is not come to with any such Body, the following provisions shall take effect : 1. The said Company may give to such Body a notice, specifying the depth, course, and position which the said Company desire. 2. If the Body to whom such notice is given does not, wilhin twenty-eight days after the giving of such notice, give to the said Company a counter notice, objecting to the proposal of the said Company, and specifying the depth, course, and position which such Body de- sires, they shall be deemed to have agreed to the pro- posal of the said Company. Law 31, 1868. 235 3. In the event of ultimate difference between the said Company and such Body, the depth, course, and posi- tion shall be determined by the Judge of the District Court. , 20 — Every underground tube or pipe of the said Company Underground shall be so marked as to distinguish it from tubes or pipes of marked" every other Company. 21 — The said Company shall not place a telegraph over, Whe^e Compa- ^ '' •»■ ° -^ , ny places a along, or across a street, or public road, or a post m or Telegraph over, upon a street or public road, except with the con- ^bedone*w*h' sent of the Body having the control of such street or public consent. road : Provided, that where the said Company places a tele- graph along, over, or across a street or public road, they shall not place such telegraph, or the posts thereof in such position, or so low as to stop, hinder, or interfere with the passage for any purpose whatsoever along the street or public road, or to interfere with, or. prevent the free access to, the said street or public road. REMOVAL OE WORKS AEEECTING STREETS OR PUBLIC ROADS. 22 — In the following cases ; in case of abandonment . of works or dis- 1. If any part of the said Company's works is abandoned solution of or suffered to fall into decay. Company road '' authority or owner may re- 2. If the said Company is dissolved, or ceases for six wovethem. months to carry on business within this Island. The Body having the control of any street or public road, or the owner of any land or building affected (in the former case) by such part of the said Company's works as aforesaid (or in the latter case) by any of the said Company's works, may give notice to the said Company, or leave a notice at the last known office or place of business of the said Company in this Island, to the effect that if such works as are specified in the notice are not removed within one month after the notice 286 Law 31, 1868. given or left, the same will be removed by tbe Body having such control, or by snch owner ; and in every such case, un- less such works are removed accordingly, the Body having such control, or such owner may, without prejudice to any remedy against the said Compa;ny, remove such works, or any part thereof, and sell the materials thereof, or of any part thereof, and outof the proceeds of such sale re-imburse them- selves their expenses relative to such notice, removal, and sale, and consequent thereon (rendering the overplus, if any, to the said Company), and may recover any unpaid residue of such expenses from the said Company. In the event of 23 — In case the Body having the control of any street or street*o°"road pi^hlic road at any time resolves to alter the line or level of Company to re- any portion of such street or road, under, in, upon, over, place them. along, or across which any work of the said Company is placed, the said Company shall from time to time be bound, on receiving one month's notice of such intended alteration, and, at their own expense, to remove such work, and to re- place the same in such position and manner, in all respects, as may be required by such Body ; or, in the event of differ- ence between such Body and the said Company in such po- sition and manner, in all respects as may be determined by the Judge of the District Court. EESTMCTIONS AS TO THE OPENING OP STREETS AND PUBLIC ROADS. streets and 24 — Subject to any special stipulations made with the said b^ opened only Company by the Body having the Control of a street or pub- after notice, and Hq road, and to any determinations, orders, or directions of under super- ' ./ ' j intendence. the Judge of the District Court as aforesaid, where the said Company proceeds to open or break up a street or public road, the following provisions shall take effect : 1. The said Company shall give to the Bodies, between • whom respectively and the said Company the depth, course, and position of a telegraph under such street or public road are hereinbefore required to be settled Law 31, 186i. W or determined notice of tlieir intention to open or break up such, street or public road, specifying the time at wbich they will begin to do so, such notice to be given,' in the case of an underground work, ten days at least, and in the case of an above-ground work, five days at least, before the commencement of the work, except in case of emergency, in which case notice of the work proposed shall be given as soon as may be after the commencement thereof. 2. The saidCompany shall not (save in case of emergency) open or break up any street or public road, except under thesuperintendenceof the Bodies to whom respectively notice is by the present section required to be given, unless such Bodies respectively refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work, or discon- tinue the same during the work. 3. The said Company shall pay all reasonable expenses to which, such Bodies respectively may be put on ac- count of such superintendence. 2B — Subject to any suoh' special stipulations as aforesaid, streets and pub- after the said Company has opened or broken up a street or restored*and\e public road, they shall be under the following further ob- tept in repair r ^ •! <-> for SIX months. ligations: 1. They shall, with all convenient speed, complete the work on account of which they opened or broke up the same, and fill in the ground, and make good the sur- face, and generally restore the street or public road to as good a condition as that in which it was before being opened or broken up, and carry away all rubbish occa- sioned thereby. 2, They shall, in the meantime, cause the place where the street or public road is opened or broken up, to be fenced and watched, and to be properly lighted at night. 238 Law 31, 1868. 3. They shall pay all reasonable expenses of keeping the street or public road in good repair for six months af- ter the same is restored, so far as such expenses may be increased by such opening or breaking. Penalty. j£ ^^^ gg^^^ Company fails to comply in any respect with the provisions of the present section, they shall, for every such of- fence, (without prejudice to the right of any person to en- force specific performance of the requirements of this Law, or to any other remedy against them), be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds, for each day during which any such failure continues after the first day when such penalty was adjudged ; and any such penalty shall (notwithstanding any- thing hereinbefore, or in any Act or Law contained), go and belong to the Body having the control of the street or public road, and shall form part of the funds applicable by them to the maintenance of the street or public road. Power to street 26 — "Whenever the permanent surface or soil of any street rities to execute Or public road is broken up or opened by the said Company, dia?e expenses it shall be lawful for the Body having the control of the to the Company, street or road, in case they think it expedient to do so, to fill in the ground, and to make good the pavement, or surface, or soil so broken up or opened, and to carry away the rubbish occasioned thereby instead of permitting such works to be done by the said Company ; and the costs and expenses of fill-* ing in such ground, and of making good the pavement or soil so broken up or opened, shall be re-paid on demand to the Body having the control of the street or road, by the Com- pany ; and, in default thereof, may be recovered by the Body having the control of the street or road from the Company, as a penalty is or may be recoverable from the Company. Restrictions or 27 — The said Company shall not stop or impede traffic in traffic.""*"** *° ^^y street or public road, or in or out of any street or public % road, further than is necessary for the proper execution of their works ; they shall not close against traific more than one third in width of any street or public road, or of any way Law 31, 1868. 239 opening into any street or public road at one time ; and in case two-thirds of sucli street or road are not wide enough to allow two carriages to pass each other, they shall not occupy with their works at one time more than fifty yards in length of the one-third thereof, except with the special consent of the Body having the control thereof. RESTRICTIONS AS TO WORKS AEEECTING PRIVATE OR CROWN PROPERTY. 28 — The said Company shall not place any work by the side As to works af- of any land or building so as to stop, hinder, or interfere with property, ingress or egress for any purpose to or from the same, or place any work under, in, upon, over, along, or across any building, except with the previous consent in every case of the owner, lessee, and occupier of such building, which consent, in case of any land or building belonging to the Crown, may be given by the Governor as to colonial lands or building, or by the Secretary of State for War, or the Lords Commissioners of the Admiralty, in respect of lands or buildings belonging to the War Department or Admiralty respectively : Provided always, that with respect to lands and buildings situate within the limits of any city or town, if the Body having the control of any street therein consents to the placing of works by the said Company in, upon, over, along, or across that street, then, and in every such case that consent shall (unless it is otherwise provided by the terms thereof) be sufficient author- ity for the said Company, without any further consent, ex- cept as to any land or building belonging to or enjoyed by the Crown, to place and maintain a telegraph over, along, or across any building or land adjoining to or near the street, and situate within the limits of the district over which the powers of the consenting body extend, or over, along, or across any land not being laid out as building land, or not being a garden or pleasure-ground adjoining to or near the street, and situated within the same limits; subject to the following provisions : 24*0 Law 31, 1868. 1. Twenty-one days at least before the said Company pro- ceed to place a telegraph, by virtue of the authority so conferred, they shall publish, by advertisement in the " Jamaica Gazette by Authority," a notice, stating that they have obtained the consent of such Body as afore- said, and describing the intended course of such tele- graph. 2. Where the said Company, by virtue of the authority so conferred,, place a telegraph directly over any dwell- ing-house, they shall not place it at a less height above the roof than six feet, if the owner, lessee, or occupier thereof objects to their placing it at a less height. 3. If at any time the owner, lessee, or occupier of any building, or land adjoining to a building, directly over which building or land the said Company, by virtue of the authority so conferred, place a telegraph, desires to raise the building to a greater height, or to extend it over such land, the said Company shall increase the height, or otherwise alter the position of the telegraph, so that the same may not interfere with the raising or extension of the building, within fourteen days after receiving from the owner, leSsfee, or occupier a notice of his intention to raise or extend the building ; or in case of difference between the said Company and the owner, lessee, or occupier as to his intention, then within fourteen days after receiving a certificate, signed by the Judge of the District Court, certifying that he is satis- fled with the intention of the owner, lessee, or occu- pier to raise or extend the building. 4. The said Company shall make full compensation to the owner, lessee, and occupier of any land or building % over, along, or across which the said Company, by virtue of the authority so conferred, place a telegraph, and which may be shown to be in any respect prejudicially a-ffected thereby, the amount of such compensation to Law 31, 1868. 241 he determined by the Judge of the District Court in manner hereinbefore provided for the determination of compensation by the thirteenth section. Provided also, that the consent of any person occupying, as a tenant from year to year only, or any less term, shall not be required, nor shall any person so occupying be entitled to such compensation as aforesaid. 29 — Subject and without prejudice to the foregoing provi- Company not to sions, the said Company shall not place a telegraph above- above ground, ground, or a post within ten yards of a dwelling-house, or "'"gP^^^^g!'™ place a telegraph above-ground across an avenue, or approach tance of dweU- to a dwelling-house, except subject and according to the fol- o^t consent^of lowing restrictions and provisions. owner, &o. 1. They shall, in each such case, obtain the consent of the occupier (if any) of such dwelling-house, and, if there is no occupier, then of the lessee entitled to possession, and if there is none, then of the owner. 2. The consent of an occupier shall be effective only during the continuance of his occupation. 3. On the termination of the occupation of any occupier, the lessee, or owner entitled to possession, if he did not consent to the placing of the telegraph or post, may give notice to the said Company that he requires it to be' removed. 4. The said Company shall remove the same accordingly, within one month after receiving such notice. 5. If any question arises between a lessee or owner and the said Company as to such removal, or the time or mode thereof, the same shall be referred to the deter- mination of the Judge of the District Court, which Judge may give such directions as to such removal, and the time and mode thereof, as may seem reasonable ; and may impose on the said Company, for not car- 242 Law 31, 1868. Notice to be published and left at dwelling- houses, along street or public road after con- sent obtained. Owner or occu- pier of adjoin- ing land or building may object. Until objection i^ settled works to be stayed. rying sucli directions into eflPect, such penalty, not ex- ceeding five pounds a day, as may seem just. 30 — Before the said Company proceed to place a tele- graph over, along, or across a street (not being a street in a city or town), or a public road, or to place posts in or upon a street not being such a street as aforesaid), or a public road, they shall publish a notice,, stating that they have ob- tained the consent in that behalf of the Body having the control of the street or public road, and describing the in- tended course of the telegraph : 1. By ajfixing such notice on some conspicuous places, by the side of the part of the street or road affected, at distances of not more than one mile apart. 2. By leaving such notice at every dwelling-house, front- * ing on the part of the street or road affected, and being within fifty feet thereof. 3. By inserting such notice as an advertisement, once at least in each of two successive weeks in ^' The Jamaica' Gazette by Authority," and in one Island newspaper. And they shall not so place any such telegraph or post un- til the expiration of twenty-one days from the last publica- tion of such advertisement. 31 — At any time during such twenty-one days the owner, lessee, or occupier of any land or building adjoining to either side of such street or road, may give to the said Company notice of his objection to their intended works, as prejudici- ally affecting such land or building, and send to the Director of Roads a copy of his notice of objection. 32^Until such objection is settled, or is determined in manner hereinafter provided, the said Company shall not exe- cute that part of their intended works to which the objection relates. Law 31, 1868. 243 33 — As soon as may be after the receipt of such copy of ?"'^"*'J^""' *° notice of objection, the Director of Roads shall (unless the Director of difference between the said Company and the person is ar- •^°"°*- ranged) make inquiry and examination, and hear and deter- mine the matter of the objection. 34 — On hearing any such objection, the Director of Eoads — ^°T^^''fJ*'^'A TGCXOT Ox XvOQiClBt 1. May allow the objection in whole or in part ; or 2. May authorize the said Company to proceed with their works, subject to the provisions of this Law, according to their published notice, paying to the owner, lessee, or occupier objecting full compensation (the amount thereof to be determined, in case of diflference, by the Director of Roads) for any damage done to him ; or 3. May authorize the said Company so to proceed, sub- ject to any such conditions as to the time or mode of execution of any work, or as to the removal or altera- tion in any event of any work, or as to any other thing connected with, or relative to any work, as the Director of Roads thinks fit ; or 4. May authorize the said Company 'so to proceed, sub- ject to any such modification of any intended work, as the Director of Roads prescribes ; but so that in that case such notice and opportunity of objecting and being heard, as the Director of Roads directs, shall be given to any owner, lessee, or occupier whom such modifica- tion may affect. 35 — The determination of the Director of Roads, on the Decision of matter of any such objection, shall be final and conclusive. Koads final. 36 — The Director of Roads may allow to any Owner, lessee, costs. or occupier so objecting, such costs as seem just, to be paid by the said Company. 244 Law 31, 1868. REMOVAL OR ALTERATION OE WORKS AEEECTING LAND OR BUILDING. For building or 37 — Where at any time the said Company have constructed owner^^y"*^^ any woik Under, in, upon, over, along, or across any land or require removal building. Or any street or public road adjoining to or near any land or building, and any owner, lessee, or occupier of such land or building, or other person having any interest in such land or building, desires to build upon or enclose such land, or in any manner to improve or alter such land or building, or to use such land or building in some manner in which it was not actually used at the time of the construction of such work by the said Company, and with which the con- tinuance of such work would interfere, then, and in every such case, the following provisions shall take effect : 1. Such owner, lessee, occupier, or other person interest- ed, may give notice to the said Company, specifying the nature of such intended building, inclosure, im- provement, alteration, or other use of the land or building, including ingress or egress thereto or there- from, and requiring the said Company to remove or alter their works, so that the same may not interfere therewith. 2. Within fourteen days after the receipt of such notice, or in case of difference between the said Company and the person giving the same as to his intention, then within fourteen days after the receipt of a certificate, signed by the Judge of the District Court, certifying that he is satisfied of the intention of such person to make such building, enclosure, improvement, altera- tion, or other use of the land or building, and that the continuance of such work would interfere therewith, the granting of such certificate being deemed to be a matter referred to the determination of the Judge so certifying, the said Company shall remove or alter their work, so that the same shall not interfere with such intended building, enclosure, improvement, al- teration, or other use of the land or building. Law 31, 1868. 245 3. When such certificate is required by the said Com- pany, the costs thereof, when obtained, shall be paid by the said Company to the person giving the notice. 4. Nothing herein shall empower any person to obtain the removal or alteration of any work contrary to the terms of any grant or consent in writing made or given by him or by any person through whom he takes his estate or interest. RESTRICTION AS TO WORKS APEECTING RAILWAYS AND CANALS. 38 — The said Company shall not place any work undier, in, Oompanynot upon, or across any Railway or Canal, except with the con- work^affectmg sent of the proprietors, or lessees, or directors, or persons ^^^^^^Iy"^ ^^' having the control thereof ; but this provision shall not re- consent of di- strict the Company from placing any work (subject and ac- ^®''*"'™' • cording to the provisions of this Law) under, in, upon, over, along, or across any street or public road, although such street or public road may cross o"r be crossed by a railway or canal, so that such work do not damage the railway or canal, or interfere with the use, alteration, or improvement thereof. APPOINTMENT OE ARBITRATOR BY DIRECTOR OE ROADS. 39 — If in any case where any mattier is hereinbefore au- Director of thorized or directed to be^determinedby the Director of Roads, any case ap-™ it appears to him to be expedient, for convenience of local P°™* arbitrator, investigation, or for any other reason, that the matter should be determined by an arbitrator, the Director of Roads may, notwithstanding anything hereinbefore contained, and whether he himself has entered on the investigation or not, refer the matter to some competent and irhpartial person as arbitrator ; and, with respect to the matter so referred, any such arbitrator shall have the like authority and jurisdiction as the Director of Roads has under this Law ; and the deter- mination of such arbitrator shall have the same effect as a de- 246 Law 31, 1868. termination of the Director of Roads under this Law; and the reasonable expenses of the Director of Roads, and the remuneration of the arbitrator (to be settled, in case of dif- ference, by the Director of Roads) shall be paid by the said Company. f RESTRICTIONS AS TO WORKS AFFECTING SEA SHO'feE. For works on sea shore con- sent of proprie- tor or other authority re- quisite. 40 — The Company shall not place any work under, in, up- on, over, along, or across any estuary, or branch of the sea, or the shore, or bed of any tidal water, except with the con- sent of all persons and Bodies having any right of property, or other right, or any power, jurisdiction, or authority on, over, or relating to the same, which may be affected, or be liable to be affected by the exercise of the powers of the Com- pany, which consent, where her Majesty in right of her Crown, if interested, may be given on behalf of her Majesty by the Governor, or by the Secretary of State for War, or the Lords Commissioners of the Admiralty, as the case may be. Plans to be sub- ject to approval of Director of Koads. 41 — Before the landing or working any telegraphic cable or cables, or commencing the construction of any work on the sea shore, or of any buoy, or sea mark connected there- with, except in cases of emergency, for repairs to any work previously constructed or laid, and then as speedily after the commencement of such work as may be, the said Company shall deposit, at the office of the Director of Roads, a plan thereof for his approval : the work shall not be constructed otherwise than in accordance with such approval ; if any work is constructed contrary to this provision, the Director of Roads may, at the expense of the said Company, abate and remove it, or any part of it, and restore the site thereof to its former condition. % Power of Direc- 42 — If any such work, buoy, or sea mark is abandoned, or to'w'Jr£°San- Suffered to fall into decay, the Director of Roads may, if, and doned, &c. as he shall think fit, at the expense of the said Company, Law 31, 1868. 247 either repair and restore it, or any part of it, or abate and remove it, or any part of it, and restore the site to its former condition. 43 — The Director of Roads may at any time, at the ex- Surveys by Di- pense of the said Company, cause to be made a survey and examination of any such work, buoy, or sea mark, or of the site thereof. 44 — Whenever tbe Director of Roads, under the authority Recovery of of this Law, does in relation to any sueb work any act or r^tor^of Bo^s'. thing wMch be is by this Law authorized to do at tbe expense of the said Company, tbe amount of such expense shall be a debt due to the Crown from tbe said Company, and sball be recoverable as sucb witb costs, or tbe same may be recovered with costs as a penalty is or may be recoverable from the said Company. OBLIGATIONS OP THE COMPANY AND THEIR SER- VANTS. 45 — Every telegraph of the said Company sball be open for Telegraph to the messages of all persons alike, without favor or preference, Bagea™ithcmr' and that as well to tbe United States as to any Island or territory preference. which shall be connected witb the works in this Island ; but this provision shall not prejudicially affect the operation of any arrangement with any person, for providing any work for his private use only. 46 — The said Company shall be answerable for all acci- Company an- s\irflr'&nlfl TOT* dents, damages, and injuries happening through the act or accidents, «S:c. default of the Company, or of any person in their employ- ment, by reason or in consequence of any of the Company's works, and shall save harmless all Bodies and persons having the control of streets or public roads collectively and indivi- dually, and their officers and servants, from all damages and costs in respect of such accidents and injuries, 248 Law 31, 1868. Registered office of Company. Punishment of officers of Com- pany for miscon- duct in respect 47 — The said Company, before exercising any power for the construction of works in this Island, shall give to the Colonial Secretary notice of the situation of some office, where notices may be served on the said Company within this Island ; and the said Company shall from time to time give to the Colonial Secretary notice of any change in the situation of such office ; every such notice shall be recorded by the Colonial Secretary in his office, and by the said Com- pany in the office of the Secretary of this Island, and the re- G<5rd thereof may be inspected from time to time by any per- son, the delivery at the office of which notice is so given of any notice, writ, summons, or other document addressed to the said Company shall, for all purposes, be deemed good ser- vice on the said Company. 48 — If any person in the employment of the said Company wilfully or negligently omits or delays to transmit or deliver any message, or by any wilful or negligent act or omission prevents or delays the transmission or delivery of any mes- sage, or improperly divulges to any. person the purport of any message, he shall, for every such offence, be liable to a penalty not exceeding twenty pounds, or imprisonment in any prison for any term not exceeding three months. POWER OP THE GOVERNMENT OVER THE COMPANY. Messages on her Majesty's Ser- vice to have priority. In emergencies telegraphs to to be taken pos- session of for her Majesty's Government. 49 — If the Governor of this Island requires the said Com- pany to transmit any message on Her Majesty's Service, such message, notwithstanding any thing hereinbefore contained, shall have priority over all other messages, and the said Com- pany shall, as soon as reasonably may be, transmit the same, and shall, until transmission thereof, suspend the transmis- sion of all other messages. 50 — Where, in the opinion of the Governor, an emergency has arisen in which it is expedient, for the Public Service, that her Majesty's Government should have control over the transmission of messages by the said Company's tele- graph, the Governor by Warrant under his hand, may direct Law 31, 1868. 249 and cause the said Company's works, or any part thereof, to be taken possession of in the name and on behalf of her Ma- jesty, and to be used for her Majesty's Service, and subject thereto for such ordinary service as may seem fit ; or may direct and authorize such persons as he thinks fit to assume the control of the transmission of messages by the said Com- pany's telegraphs, either wholly or partly, and in such man- ner as he directs, any such Warrant shall not have effect for any longer time than one week from the issuing thereof; but the Governor may issue successive Warrants from week to week, as long as, in his opinion, such emergency continues ; and the Governor shall forthwith thereafter report the same, together with his reasons for issuing any such Warrant or Warrants, to her Majesty's Principal Secretary of State for the Colonies ; the Treasurer of this Island shall, under the Warrant of the Governor, pay to the said Company, as com- pensation for any loss of profit sustained by the said Company, by reason of the exercise by the Governor of any of the powers of the present section, out of the General E-evenue of this Island, such sum as may be settled between the Gover- nor and the said Company, by agreement ; or, in case of dif- ference, by arbitration, such arbitration to be conducted as follows : 1. The Governor and the said Company shall each, with- in fourteen days after the delivery by one to the other of a demand, in writing, for an arbitration, appoint an arbitrator. 2. The two arbitrators nominated shall, before entering on the arbitration, nominate an umpire. 3. If either party or arbitrator makes default in nominat- ing an arbitrator or umpire within fourteen days after receiving from the other a demand in writing for such nomination, the Chief Justice of this Island may, on the request of the Governor, or of the said Company, under his hand, nominate an arbitrator or umpire. 250 Law 31, 1868; 4. The arbitrators shall make their award within twenty- eight clays after their nomination, otherwise the mat- ter shall be left to be determined -by the umpire. 6. The umpire shall make his award within twenty- eight days after notice from the arbitrators, or one of them, that the matter is left to be determined by him ; or, on default, a new umpire shall be appointed as nearly as may be in manner aforesaid, who shall make his award within the like time, or, on default, be superseded, and so toties quoties. The award of the arbitrators or umpire shall be final and con- clusive, as between the Governor and the said Company, Company sub- 51 — Nothing in this Law contained, except so far as express tions,&c., under provision to the contrary hereof may be thereby made, shall future Laws. relieve the Company from being subject to any restrictions, regulations, or provisions which may hereafter be made by any act of the Imperial Parliament, having operation in this Island, or any Law of the Legislative Council of this Island respecting telegraphs, or Telegraphic Companies, or their charges. Company not to 52 — The Said Company shall not be entitled to make any which cmlid not claim. Or assert any right in respect of the undertaking au- be made by thorized by this Law as to the grant of foreshore, or for any other purpose, which could not be made or asserted by British subjects, or by subjects of British domicil. MISCELLANEOUS. Recovery of 53 — All penalties under this Law shall be recoverable be- penalties. £Qj.g ^^q Judge of a District Court, or any two Justices of the Peace of the parish where the offence shall be committed. Condition that 54— Provided always, that the powers and privileges grant- «)mpany do ed to the said Company by this Law, are so granted on the not obtam ex- . . , i , , i • i /-n • , . elusive privile- Condition that the said Company IS not now m possession of, ges in Panama. ^^^ s}^a\l uot at any time hereafter acq^uire any exclusive Law 31, 1868. 261 right or privilege of telegraphic communication in the State of Panama ; and that in case of such possession or acquisition, all the powers and privileges hy this Law granted shall cease and determine. 55 — The powers and privileges given hy this Law are so Saving rights of given, saving and reserving always the rights of her Majesty, *' ^^^^ ^' her heirs and successors, and of all Bodies politic and corpo- rate, and of all other persons, except such as are mentioned in this Law, and those claiming by, from, and under them. JAMAICA— LAW 32 OF 1868. A Law to Amend the Twenty-Eighth Victoria, Chapter Forty-One, entituled " An Act to Establish a System of General Vaccination.* [Is^ September, 1868. J WHEREAS it is expedient to amend the Act twenty- preamble, eighth Victoria, chapter forty-one, entituled An- Act to establish a system of general vaccmation : Be it enacted hy the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — It shall be lawful for the Governor to appoint from time Governor to to time for each parish of this Island, including the City and appoint to each T . parish a vacci- Parish of Kingston, one or more person or persons, being nator or vacci- qualified as hereinafter mentioned, to be vaccinator or vac- '***°™' cinators for the said parish, and every such appointment shall be during pleasure. 2 — The qualification for the office of vaccinator shall he Qualification either that the candidate be a regularly qualified medical °* vaccinator. practitioner, or that he do present a certificate, signed by two * Law 5 of 1887, by its 3rd section, incorporated with this Law. 252 Law 32, 1868. Duties of vacci- nator. regularly qualified medical practitioners, stating that he is competent to perform the operation, and to judge of and re- cord its results. 3 — Each vaccinator shall, at each station assigned to him, vaccinate from time to time such persons or children as may present themselves or he brought to him to be vaccinated ; the eighth day after vaccination shall be the day for obser- vation and record of results, which the vaccinator shall ob- serve and record in a list to be kept in duplicate for that purpose, according to the form D, to the said recited Act annexed (to be filled up at the time of observation of result), and he shall then re-vaccinate such cases as may have failed on the previous occasion. Children at- 4- — All cudowcd schools, and all government schools, and eXand govern- ^^ schools receiving aid from government, shall require all ment schools, children attending them to be vaccinated, and no child shall nated. be admitted into, or allowed to remain as a pupil in any of such schools without producing a certificate, according to one or other of the forms of certificate to the said Act annexed. Children bom after the passing of this Law to be vaccinated within four months after birth. 28 Vic. c. 41, extended to Kingston. 5 — It shall be the duty of the parents or guardians of any child, born after the passing of this Law, to cause such child to be vaccinated within four months after its birth ; and any parent or guardian who shall, without good and sufficient cause, neglect this duty, shall be liable to a penalty not ex- ceeding twenty shillings, recoverable under the thirty-ninth section of the said Act. 6 — The said Act of the twenty-eighth Victoria, chapter forty-one, as amended by this Law shall extend to the City and Parish of Kingston. Repeal of Acts. 7 — The first, second, third, seventh, and twenty-ninth sec- tions of the said Act twenty-eighth Victoria, chapter forty-one, % are hereby repealed. 253 JAMAICA— LAW 33 OF 1868. A Law to Provide for the Collection of certain Duties by Means of Stamps.* f [Ist September, 1868.] BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — This Law may for any purpose be cited as " The Stamp short title. Duty Law, 1868." 2 — From and after the cominff into operation of this Law pities in sohe- , dule to be raised there shall be raised, for the use of the Government of this after Law in Island, upon and in respect of the several instruments men- *"''''''■ tioned in the schedule to this Law annexed, the several duties therein respectively specified. APPOINTMENT AND DUTIES OE OEEIOERS IN THE STAMP DEPARTMENT. 3 — 'The present Commissioner of Stamps shall, without any Present stamp new appointment, be the Commissioner of Stamps under this Commissioner ■'••'• ' . , ■■- re-appomted, Law, and shall hold his oflB.ce during pleasure ; and on the his office being removal, death, resignation, or other vacancy in the said """gP^^^ure. ofl3.ce, the Governor may nominate and appoint a successor to such oflEice, who shall have the like powers, authorities, and duties. 4— ± * Bepealed by sec. 2 of Law 3 of 1875 so far as it imposes a stamp duty on any commission, appointment to, or grant and warrant of any public officer or employment in Jamaica. t Law 32 of 1869 by its 5th sec, Law 16 of 1879 by its 2nd sec, Law 5 of 1882 by its 2nd sec, and Law 18 of 1887 by its 7th sec, have been since incorporated with this Law. By sec. 15 also of Law 38 of 1872, Law 33 of 1868, Law 32 of 1869, and Law 38 of 1872 shall be read together. Instruments liable to stamp duty under this Law made admissible in evidence in criminal proceedings, although unstamped, by sec. 2 of Law 32 of 1869. X Repealed by Saotioa 16 of Law 38 of 1872. 254 Law 33, 1868. Commissioner 5 j^ c^se of illness, OP other temporary incapacity of may, with con- . •■ii?ij»i-" sent of Revenue the Said Conimissioner of Stamps, it shall be lawful for him, ap°^Srdrpiity ^y writing under his hand, to appoint a fit and proper person ; in case of ill- with the consent of the K-evenue Commissioner, to act as his deputy in discharge of his duties during such time as he shall be incapacitated as aforesaid, and the Commissioner of Stamps shall be responsible for the acts and defaults of his deputy. Bequisition for stamps to be tendered with duties to Trea- surer's Clerk, and on presen- tation of receipt- ed requisition Commissioner to stamp papers, &c. 6 — Every person requiring stamps shall make a written re- quisition for the same, in which shall be specified the date, name of the person paying the duties, the number, denomin- ation, and value of the stamps required, and the amount of the duties then paid ; which requisition shall be receipted by the Treasurer's Clerk, to whom the said monies shall be paid, and upon the presentation of such receipted requisition to the Commissioner of Stamps, it shall be the duty of the said Commissioner to deliver adhesive stamps of the denomination and value required in and by such requisition, as well as to stamp, or caused to be stamped, all papers and documents brought to him for that purpose, and for which the duty has been paid, and forthwith to return the same, with the said requisition, to the Treasurer's Clerk to be counter-checked ; and the said Commissioner of Stamps shall duly enter in proper books of account; to be kept by him for that purpose, a just and true account of the several stamps so delivered and impressed by him. 7 — The Treasurer's Clerk shall, upon being paid the duties as aforesaid, forthwith enter in his day-book, from the re- quisition, the date, the name of the person paying the duties, and the amount paid, and after duly checking and delivering the said stamps to the owner thereof, he shall deliver over the said requisition to the Commissioner of Stamps to be kept by him. To pay over 8 — The Treasurer's Clerk shall, and he is hereby required *by"? beforr*^ *» pay every day, by or before three of the clock in the after- three of the noon, to the credit of the Treasurer, all monies received by aftem'oon,^ him for stamps, whether impressed or adhesive, during such Treasurer's Clerk to make entries from requisition. Law 33, 1868. 255 day, and all other monies wMcli he shall have received on the previous day, after payment to the credit of the Treasurer as aforesaid. 9 — The Treasurer's Clerk is hereby required to produce ?'*'* *° produce >> i. i- to Commission- to the Commissioner of Stamps, at or after three of the clock each er lodgment day, the lodgment receipt for all monies paid by him to the Trea- ^^"^'^ ' surer during each day ; and such Commissioner of Stamps shall compare the requisitions in his possession and the lodgment receipts with the entries in the book kept by the Treasurer's Clerk, and, if found correct, certify such entries at the foot thereof. 10 — The Commissioner of Stamps shall render to theReve- Comtuissioner nue Commissioner on the last day of each quarter, or within teriy to Reve- ten days thereafter, or whenever required by the said Reve- "."® Co°iinia- "^ , . X * b2 consideration of a sum of money, by way of fine, premium, or other gross sum paid for the < same without any yearly rent, or with any yearly rent of or under twenty pounds im' .g-i t-<■ StJ tort's "J pq,S p„3-d thereof receivc such money, or satisfaction, or compensation TreasunT^Com- respectively ; or, if the parties so respectively entitled, or in- missioners terested as aforesaid, cannot be found, or shall refuse to re- premises^vest ceive such monies as aforesaid, or shall refuse, neglect, or be m the Colonial enable to make a good title to, or shall refuse to execute the Jamaica. necessary conveyances or assurances of the premises ; or in case such money shall be liable to be invested in the purchase of other lands, tenements, or hereditaments, then, and in any of su,ch cases, upon lodgment of such money in the Public Treasury, as is hereinafter directed, within three calendar months after the same shall have been so agreed upon or awarded, or after such tender, refusal, neglect, or disability shall be made or discovered for the use of the party entitled Law 7, 1869. 319 thereto, it shall be lawful for the said Commissioners forth- with to enter upon, and take possession of such lands, tene- ments, and hereditaments, and to make and construct the buildings or works by this Law authorized, and in respect of which such satisfaction ,or compensation shall have been agreed upon or awarded ; and such lands, tenements, and hereditaments, and the fee simple and inheritance thereof, and all the estate and interest of every person whomsoever therein, shall thereupon be vested in and become the sole property of the Colonial Secretary of Jamaica, and his suc- cessors, to and for the purposes of this Law ; and such pay- ment, tender, or lodgment of money shall not only bar all the right, title, interest, claim, and demand of all such persons, and operate to merge outstanding or other terms of years, but also shall bar the dower of the wife of every such person, and all estates' tail, and other estates in reversion and re- mainder, or otherwise of his issue, and of every person whom- soever therein : Provided, that until such payment, or tender, or lodgment in the Public Treasury of this Island as aforesaid shall have been made, it shall not be lawful for the said Com- missioners, or for any person acting under their authority, to enter upon such lands, tenements, or hereditaments for any of the purposes of this Law, without the previous consent of the owners and occupiers thereof respectively. 12 — In case any person to whom any money shall be In case of refu- awarded under this Law for any estate or interest shall refuse SikLg^Wes, to accept the same, or shall refuse, neglect, or be unable to &o.. monies to . Til J 1 Tj. J. be paid into make a good title to any lands, tenements, or hereditaments the Office of ■ for the purposes of this Law, or shall be absent from this *^* Treasurer. Island, or cannot be found, or if any person entitled to con- vey such lands, tenements, or hereditaments be not known, or be absent from the Island, then and in such case it shall be lawful for the said Commissioners to cause the money so awarded to be lodged in the Public Treasury, to be placed to the credit of the parties interested in the said land«, tenements, or hereditaments (describing them as far as the said Commissioners' can do so) ; and the Treasurer of thig 320 Law 7, 1869. Island shall give a receipt for the same, mentioning and spe- cifying therein for what and for whose use the same is re- ceived ; and such Treasurer is hereby authorized and required to invest, or to have invested all such money in the names of the Permanent Under Secretary of State for the Colonial De- partment, and of the Crown Agent for the Colonies for the time being, in such of the Public Punds or Parliamentary Se- curities of Great Britain, as may be directed by any order of the said Commissioners, under the sanction of the Governor in that respect, in one entire sum, or in parcels thereof, as such order shall specify and direct ; and if in any case it may be shown to the satisfaction of the said Commissioners, with such sanction as aforesaid, to be right and projoer to delay the investing of any money, such money may be directed to re- main in the hands of the Treasurer of this Island, but with- out any interest thereon. Moniegtobe 13— Every sum of money invested under the authority of ordeAf Jud^ this Law, and the interest or dividends thereof, shall be paid c St^K*'* ir ^^ applied under the order of the Judge of the District Court ston. ° of Kingston. Commission- j^ — The said Commissioners shall have power to alter, for streets adjoin- the purposcs of this Law, such of the streets or lanes, or parts ing markets. ^j streets or lanes of Kingston, adjoining the said markets, as they may consider to be necessary. Director of Boads to com- plete buildings with concur- rence of other Commissioners, and under powers of Law 16 of 1868. 15 — The Director of Eoads, as Superintendent of Public Works, with the concurrence of the said other Commissioners, shall have power to construct the said new markets and land- ing place, and for that purpose shall have all the powers that are by, the " Law 16 of 1868" given to him with reference to the erection of public buildings, and for making and en- forcing contracts in relation thereto. 16 — The Commissioners under this Law shall be authorized of newmarketB ^^^ empowered, after the erection of the new markets, from Commissioners % after erection may rent out time to time to rent or lease, for such term of vears as to or lease same. '' them shall appear most advantageous, the whole or any of Law 7, 1869. 321 the public markets in the City and Parisli of Kingston, with all or any rights and appurtenances thereunto belonging, or else to make from time to time such arrangements as may seem best for letting to individuals of stalls in the said mar- kets, and of the right to use the said markets, and any part thereof, and any stalls therein, in any manner. 17 — The said Commissioners, on proof to the satisfaction of i-oat deben- themselves and the Governor, that any debenture issued un- renew^i^ ^^ der this Law has been by accident lost or destroyed before the same shall be paid off, may, if the number and amount of such debenture be ascertained, and upon being furnished with due security for indemnifying the said Commissioners from any loss to which they may be at any time subjected by rea- son thereof, issue a new debenture corresponding in all res- pects with the debenture so lost or destroyed ; or if any de- benture when so lost or destroyed shall be overdue, may cause the money due thereon to be paid off : Provided, that before any debenture shall be renewed, or payment as aforesaid shall be made, notice shall be published for four consecutive weeks in the " Jamaica Gazette by Authority" of the date, number, and other particulars of the debenture alleged to be lost or destroyed.* JAMAICA— LAW 8 OF 1869. A Law to Prevent the Running at Tjarge of Infected Horses, Mules, and Asses. [19?;^ February, 1869. J BE it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — No person shall, after the passing of this Law, put to No person ti pasture, or suffer to run at large in or upon any pastiire, &J., anybfect- common, savanna, or waste ground, or in or upon any high- ed horse, mare, * By &ec. 1 of Law 4 of 1879 to be Wad as if a section werfe added, which see. "' **"' V 322 Law 8, 1869. Proviso. Justice on proof may ■ order infected animal to be destroyed. Application of penalties. way, or street, or lane, any horse, mare, gelding, mule, or ass infected with scab, mange, farcy, glanders, or other infec- tious disease, upon pain of forfeiting, for every such offence, a sum not exceeding five pounds, to be recovered in a summary manner before any two Justices of the Peace of the parish in which the offence shall be committed : Provided, that nothing herein contained shall extend to prevent any person injured by any such act from bringing his action in any Court of Re- cord in this Island for the damage sustained. 2 — On proof being made before a Justice of the Peace that any horse, mare, gelding, mule, or ass is infected as aforesaid, and put to pasture, or suffered to run at large as aforesaid, such Justice shall order the animal to be destroyed ; an order signed by such Justice to the effect aforesaid shall be a suffi- cient authority to any member of the Constabulary Porce to enter upon the premises where such animal is, and to carry out the said order ; and any person resisting or obstructing the execution of such order shall be liable to a penalty not exceeding five pounds. 3 — All penalties imposed by this Law shall be applied, one moiety to her Majesty, her heirs and successors, for and towards the support of the Government of this Island, and the other moiety to the informer, or the person who shall sue forlthe same. Preamble. JAMAICA— LAW 9 OF 1869. A Law to Amend the Laws for the Admission of Attor- neys, Solicitors, and Proctors in Jamaica. [25th Fehmary, 1869.] WHEREAS it is expedient to amend and consolidate the Laws relating to the admission and enrolment of Attor- neys, Solicitors, and Proctors, and to the services of articled clerks to AttorneySj Solicitors, and Proctors in this Island : Be Law 9, 1869. 323 it therefore enacted by tlie Governor of Jamaica, with the ad- vice and consent of the Legislative Council thereof, as follows : 1 — This Law may he cited as " The Attorney's Admission Short title. Law, 1869." 2 — Prom and after the passing of this Law no person shall Qualification of act as an Attorney, Solicitor, or Proctor unless such person citors, and shall be duly qualified to act as an Attorney, Solicitor, or Proctors. Proctor by virtue of the Laws in force at the time of the passing of this Law, or unless he shall, after the passing of this Law, be admitted and enrolled, or otherwise become duly qualified to act as an Attorney, Solicitor, or Proctor, pursuant to the directions and regulations of this Law, and unless such person shall continue to be so duly qualified at the time of his acting in the capacity of an Attorney, Solici- tor, or Proctor as aforesaid : Provided, that nothing in this Proviso. Law contained shall be construed to prevent any person other than an Attorney, Solicitor, or Proctor, by the District Courts Laws permitted to act for another in those Courts from so acting, notwithstanding he shall not have been admitted as an Attorney, Solicitor, or Proctor. 3 — No person shall, from and after the passing of this Law, No person to be be capable of being admitted and enrolled as an Attorney, Altonev^&o Solicitor, or Proctor, save as hereinafter provided, unless such nniess bound person shall have been bound by articles in writing to serve serve, and he as a clerk for and during the term of five years to a practising *^^'* ^^^^ ~ _ -^ ■•■ o served five Attorney, Solicitor, or Proctor in this Island, and shall have years, and pass- duly served under such articles in the of&ceof such Attorney, tion" ^^*'"'°* Solicitor, or Proctor, (who, for the purposes of this Law, shall be deemed to have but one ofiice, that namely in the town or place where he resides, and which he personally controls and superintends), for and during the said term of five years, and also unless such person shall, after the expiration of the said term of five years, have been examined in the manner here- inafter directed, and sworn as hereby required previously to 324 Proviso. Law 9, 1869. such admission and enrolment : Provided always, that no per- son shall he so bound by articles as aforesaid if under the age of sixteen years. 4—* No Automey, Solicitrr or Proctor, shall have more than two Clerks at one and the same time bound by articles to serve him as Clerks ; and no Attorney, Solicitor Oi? Proctor, shall take or retain any Clerk, bound by articles as aforesaid, after such Attorney, Solici- tor, or Proctor shall have left off practising as or carrying on the business of an Attorney, Solicitor or Proctor, nor whilst snch Attorney, Solicitor or Proctor shall be employed as a Writer or Clerk by any other Attorney, Solicitor or Proctor : and ser- vice by any Clerk, so bound by articles to an Attorney, Solici- tor or Proctor, for and during any part of the time that such At- torney, Solicitor or Proctor shall be so employed as Writer or Clerk by any other Attorney, Solicitor or Proctor shall not be ac- counted as good service under such articles. Discharge or 5 — i^ case any Attorney, Solicitor, or Proctor, to whom assignment of '' , , articles on in- any clerk shall be bound by articles as aforesaid, shall, before torney'^c! ^^® ^^^ ^^ determination of such contract, take the benefit of any Act or Law for the relief of insolvent debtors, or be imprisoned for debt, and remain in prison for the space of fourteen days, it shall be lawful for the Supreme Court of this Island, or any Judge thereof, upon the application of such clerk, to order and direct the said articles to be dis- (^harged or assigned to such other Attorney, Solicitor, or Proctor, and upon such terms as the said Court or Judge shall think fit. Attorneys, &e. of superior Courts in Eng- land or Ireland, and writers to the signet, and Solicitors in Scotland eligi- Ible to be ad- mitted. - 6 — Every person who shall produce his admission, and shall shew that he is duly qualified to act as an Attorney, Solicitor or Proctor in some of the Superior Courts of Law or Equity in England or Ireland, or as a writer to the signet, or Solici- tor in Scotland, shall be qualified to be sworn and to be ad- mitted and enrolled as an Attorney, Solicitor, or Proctor un- der this Law. * New section ^substituted by sec, 1 of Law 13 of 1887. Law 9, 1869. ^25 7 — Whenever any person shall, after the passing of this Affidavit of T 11 iij-i- •• 11 execution of ±/aw, be bound by articles m writing to serve as clerk to any articles to be Attorney, Solicitor, or Proctor as aforesaid, such Attorney, aSes'lSa Solicitor, or Proctor shall, within three months after the date three months, of such articles, make and duly swear, or cause or procure to he made and duly sworn, an affidavit or affidavits of such At- torney, Solicitor, or Proctor hath been duly admitted, and also of the actual execution of such articles by him the said Attorney, Solicitor, or Proctor, and by the person so to be bound to serve him as a clerk as aforesaid ; and in every such affidavit shall be specified the name of every such Attorney, Solicitor, or Proctor, and of every such person so bound, and their places of abode respectively, together with the day on which such articles were actually executed ; and such affidavit shall be endorsed on the articles to be recorded as next mentioned : and they, and the affidavit thereon endorsed as aforesaid, shall be duly recorded in the Office of the Re- gistrar and Clerk of the Courts and Crown within three months next after the execution of such articles. 8 — Provided always, that in case such articles and affidavit if recorded shall not be recorded within such three months, the same mo^ths'T may be recorded by the Registrar and Clerk of the Courts and reckon only Crown after the expiration thereof, but the service of such record. clerk shall be reckoned to commence and be compnted from the day of recording such articles and affidavit, unless the Supreme Court shall otherwise order. 9 — No persoii who shall, from and after the passing of this Articles and l&w, become bound as aforesaid, shall be admitted an At- p^duoed*to^^ torney. Solicitor, or Proctor before such articles and affidavit. Supreme Court so recorded as aforesaid, shall have been produced to the sion. Supreme Court, unless the said Court shall think fit to dis- pense with the production thereof. 10 — If any Attorney, or Solicitor, or Proctor, to or with In case of whom any such person shall be so bound, shall die before ment from busi- the expiration of the term for which such person shall be so °^^^ °* ^^' 326 Law 9, 1869. torney, &c, articles may be assigned. Proviso. Such assign- ment may be by order of 'Court. Articled clerk not to engage in any other employment. bound, or shall discontinue or leave off practice as an At- torney, Solicitor, or Proctor, or if such. . articles shall by mutual consent of the parties be cancelled, or in case such clerk shall be legally discharged before the expiration of such term by the rule or order of the Supreme Court, such clerk shall and may in any of the said cases be bound by other articles in writing, or by an assignment of his former articles, recorded in like manner as his first articles, to serve as appren- tice to any other practising Attorney, Solicitor; or Proctor, or Attorneys, Solicitors, or Proctors during the residue of the said term ; and service under such second or other articles, or under such assignment in manner hereinafter mentioned, shall be deemed and taken to be good and effectual : Provided, that an affidavit be duly made of such second or other articles, or of such assignment, or of the making of any order under the next section of this Law, within the time and in the manner hereinbefore directed, and subject to the like regu- lations with respect to the original articles and affidavit of the execution' thereof in so far as the same respectively are applicable thereto. 11 — In the event of any articled clerk as aforesaid requir- ing to have an assignment made of his articles under the last preceding section, it shall be lawful for the Supreme Court, or for any one of the Judges of the said Court, upon applica- tion being duly made by or on behalf of such articled clerk, on its being satisfactorily shewn that a difficulty exists in procuring such assignment to be executed from any cause whatsoever, to order that such articles shall be so assigned to such person as to the Court or Judge may seem fit ; and, up- on the making of any such order, the said articles shall be deemed and taken to be absolutely and lawfully assigned. 127— No person hereafter bound by articles of clerkship to any Attorney, Solicitor, or Proctor shall, during the term of service mentioned in such articles, hold any office, or engage in any employment whatsoever other than the employment of clerk to such Attorney, Solicitor, or Proctor, and Ms Law 9, 1869. 327 partner or partners (if any) in the business, practice, or em- ployment of an Attorney, Solicitor, or Proctor ; and every person who shall have been or shall be bound as an articled clerk as aforesaid shall, before he be admitted as an Attorney, Solicitor, or Proctor according to this Law, prove, by an af- fidavit of himself and of the Attorney, Solicitor, or Proctor, to whom he was bound as aforesaid, to be duly made and filed with the Registrar and Clerk of the Courts and Crown, that he has actually and really served and been employed by such "practising Attorney, Solicitor, or Proctor, and that he has not held any of&ce, or engaged in any employment whatso- ever other than the employment of articled clerk to such Attorney, Solicitor, or Proctor, and his partner or partners (if any) in the business, practice, and employment of an At- torney, Solicitor, or Proctor, during the whole time and in the manner required by the provisions of this Law, and such aflB.davit may be in the form to be approved of by the Judges of the Supreme Court. IS^The Judges of the Supreme Court shall make regula- Judges of Su- tions for the preliminary examination in such branches of ^Iker^Bu^- *° general knowledge as they may deem proper of all persons *ions as to ex- hereafter desirous of becoming bound as aforesaid under persons becom- articles in writing as clerks to Attorneys, Solicitors, or Proc- dmin°"contin'* tors, and such preliminary ex9,mination shall be duly passed uance a,nd on in 1 1 ijTji'i expiration of beiore any such person can so become bound ; and the said articles. Judges may, if they think fit, make regulations for the inter- mediate examination in such branches of general knowledge and of Law as they may deem proper of all persons so bound and serving as aforesaid, after they shall have so served for so much of the full term of such service as the said Judges shall think fit ; and no service after that time shall be taken into account until such examination shall have been duly passed ; and the said Judges shall from time to time make reg- ulations for the final examination, in such branches of Law as they may think necessary, of persons so serving as afore- said, or having so served for the full term of their articles ; and the said Judges may from time to time alter any of the 338 Law 9, 1869. regulations made as aforesaid that they may think fit to alter ; and may from time to time appoint examiners for conduct- ing such examination in such manner as they may think fit ; and no person required to pass such final examinajtion shall be capable of being sworn, admitted, and enrolled as an At- torney, Solicitor, or Proctor until he shall have duly passed the said final examination. Judges to in- quire before ad- mission as to service and general fitness of person seek- ing to be admit- ted. 14— The Judges of the Supreme Court are hereby authoriz- ed and required, before any person shall be admitted an At- torney, Solicitor, or Proctor, to inquire by such ways and means as they shall think proper touching the clerkship and service and the general fitness and capacity of such person to act as an Attorney and Solicitor, or Proctor ; a,nd if the said Judges shall be satisfied by such inquiry that such person, having duly passed the prescribed examinations, is a fit and capable person to become an Attorney, Solicitor, or Proctor, then and not otherwise the said Judges are hereby authorized and required to administer to such person the oath now by Law required to be taken by persons requiring to be admitted as Attorneys ; and after such oaths taken to cause him to be admitted and enrolled as an Attorney, which admission shall be written on parchment or thick paper and signed by such Judges, or one of them. 15 ^The Registrar and Clerk of the Courts and Crown shall be the proper officer to have the care and custody of the rolls a-nd books wherein persons are at present enrolled as Attor- neys in the Supreme Court, and he shall and is hereby required from time to time to enrol in alphabetical order, the name of every person who shall be admitted as an Attorney, pursuant to the directions in this Law, and the time when a,d- mitted, in rolls or bqoks to be kept for that purpose. Person admit- 1Q. — Every pcrson who shall have been duly admitted and Court entMed* enrolled as an Attorney of the Supreme Court, shall thereupon suJhadSl^^on* ^® entitled to be admitted to practise in any other Court of Begistrar and Clerk of the Courts and Crown to have custodyof rolls of Attorney. to be admitted in any other Court. this Island on the production to such Court of his admission, in the Supreme Court. Law 9, 1869. 329 17 — No person who shall have duly seryed his clerkship ^o person to be 1 i. • 1 • • J • , , , n • • o , 1 • disqualified by under articles m writing, pursuant to the provisions of this reason of attor- Law, shall be prevented or disqualified from being admitted ^o'm'h'e'se^^ed and enrolled as an Attorney, Solicitor, or Proctor, or be liable being struck ofl' to be struck off the roll, if already admitted by reason or in *'^°'^-- consequence of the Attorney, Solicitor, or Proctor, to whom he may have been bound by such articles, having been after such service struck off the roll: Provided, that such appren- ^'°™o- tice be otherwise entitled to be admitted and enrolled accor- ding to the provisions hereinbefore contained. 18 — No person Avho has been admitted and enrolled shall No person to be be liable to be struck off the roll for or on account of any de- any defect in ^ feet in the articles of apprenticeship, or in the recording f^^'eles, &c., un- -'■•'■■■'-' ~ less the applica- thereof, or m his service under such articles, or in his admis- tion made with- sion and enrolment, unless the application for striking him montU.* off the roll be made within twelve months from the time of his admission and enrolment : Provided, that such articles, re- Proviso. cord, service, admission, or enrolment be without fra,ud. 19— When the name of anAttorney, or Solicitor, or Proc- ^^^'^ *" ^t^lfe tor is ordered to be struck off the roll of Attorneys, Solicitors, oftM;ho roll to be' or Proctors of any Court, on his own application, or on the ap- ^'g°^g°rM a^d'^" plication of any other person, the rule or order for that pur- cie'rkofthe pose shall forthwith, and before the same is acted upon, be Crown.Xo shall produced to the B,egistrar and Clerk of the Courts and Crown, strike such name and such of&cer shall enter a note or minute of such rule or order in connection with the name of such Attorney, or Solicitor, or Proctor on the roll of Attorneys, Solicitors, and Proctors kept by him, and shall strike such name off such roll, and shall mark such rule or order as haying been entered. 20 — Every person who shall have his name struck off the Person whose roll of any Court pursuant to the provisions of this Law, struoi/'Sthe shStll cease to be qualified to act in the capacity of an Attor- rolls shau cease ney. Solicitor, or Proctor : Provided always, that in case such tomey, &", but person shall at any time thereafter, by the rule or order of ^ l^^lf^°^ the Court, by the rule or order of which he was struck off the Court.to be re- 330 Law 9, 1869. stored to roU, roll ofthe said Court, be re-admitted to practice in the said practice. Court, he sliall thereupon become entitled to have his name re- stored to the roll directed to be kept by the said Registrar and Clerk of the Courts and Crown, and shall thereupon be en- titled to resume practice as an Attorney, Solicitor, or Proctor, Person acting 21 — Every person who shall in his own name, or in the without"being*' ' name or any other person act as an Attorney, Solicitor, or qualified guilty Proctor, contrarv to the enactments hereinbefore mentioned, of contempt of ' «' i i • i • li. Court, for which without being duly qualified so to act, and not being himseli ish^^and fur*^ ^^^ plaintiff Or defendant in or a party to such proceedings ther liable to respectively, shall be deemed guilty of a contempt of the penalty of fifty ^ f^'. & •> ^ pounds. Court in which the action, suit, cause, matter, or proceeding in relation to which he so acts is brought, had, or taken, and may be punished accordingly ; and shall be incapable of maintaining any action or suit for any fee or reward for or in respect of anything done, or any disbursement made by him in the course of so acting ; and shall, in addition to any other penalty or forfeiture, and to any disability to which he may be subject, forfeit and pay for every such offence the sum of fifty pounds, to be recovered with full costs of suit by action brought, with the sanction of the Attorney General in the District Court, in the name of any duly qualified Attor- ney, Solicitor, or Proctor, and such penalty shall be applied in like manner as other fines and penalties are now by Law applicable. Unqualified per- 22 — If any pcrson shall, after the passing of this Law, draw d"^d P^^*7"? ^^J deed, will, conveyance, bond, power of attorney, or legal reward liable to instrument whatsoever for any fee or reward, pecuniary or twenty pounds, otherwise, without being duly admitted and enrolled as an At- torney, Solicitor, or Proctor, as hereinbefore mentioned, or being a member of the bar, he shall be liable to a penalty, not exceeding twenty pounds, to be recovered by plaint in the District Court like any other debt or demand, one moiety of such penalty to go to the Crown for the general uses of this Island, and the other moiety to go to the informer. Law 9, 1869. 331 23 — Nothing; in this Law contained shall preiudice or take Supreme Court '-' . . may in certain away the right or power of the Supreme Court to dispense, m cases dispenae any particular case, and under special circumstances, with ^** '" ®*' any of of'the rules or conditions relating to the admission or examination of an Attorney, Solicitor, Proctor, or Clerk. 24 — The second, third, and fourth sections of the Act fourth 4 Geo. 3,c. 8 George the third, chapter eight, and the Act fourteenth u^iie'o. 3,™. 3, George the third, chapter three, and so much of the fourth and 33 Car. 2, c. . . . V,, 23, s. 4, as ap- section of the Act thirty-third Charles the second, chapter pUes to the ad- twenty -three, as applies to the admission of Attorneys, is neysTepeakd."^ hereby repealed,without prejudice however to any thing done under the said Acts, whilst in force. JAMAICA— LAW 10 OF 1869. A Law to Repeal the Law 15 of 1868, entituled "A Law to Repeal the First and . Second Sections of the Act Fourth George the Fourth, Chapter Thirteen, entit tiled ' An Act for the more Effectual Punishment of Treason, Treasonable Conspiracies, and Seditious Meetings, and for Preventing the Administering and Taking of Un- lawful Oaths, and for other purposes,' and to make other Provisions instead thereof," and to Re-enact the same with Amendments. • [6th March, 1869.J WHEREAS the Law 15 of 1868 has been found to be de- Preamble, fective, and it is therefore desirable that the said Law should be amended and re-enacted in the respects hereinaf- ter mentioned : Be it therefore enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — From and after the passing of this Law, the Law 15 of Law 15 of 1868 1868, entituled A Law to re'peal the first and second sections of '^^^^ ^ ' S32 Law 10, 1869. the Act fourth George the fourth, chapter thirteen, entituled "An Act for the more effectual punishment of treason, treasonable conspiracies, and seditious meetings, and for 2J}'Gventing the ad- ministering and taking of unlawful oaths, atid for other purposes," and to make other provisions instead thereof, shall be, and is here- by repealed. Short title. 2 — This Law may be cited for all purposes as " The Treason Felonv Law, 1869. Punishment for 3 — If any peison or persons whosoever, after the passing depose the ° of this Law shall, within this Island, compass, imagine, in- Queen.orievy yent, devisc, or intend to deprive or depose our most Gracious war against ! her, . J^ ^ &c. Lady the Queen, her heirs or successors, from the style, honor, or royal name of the Imperial Crown of the United Kingdom, or of any other of her Majesty's dominipns and countries, or to levy war against her Majesty, her heirs or successors, in order by force or constraint to compel her or them to change her or their measures or counsels, or to put any force or restraint upon, or in order to intimidate or over- aAve both houses, or either House of Parlianient, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of her Majesty's dominions or countries under the obeisance of her Majesty, her heirs or successors ; and such compassings, imaginations, inventions, devices, or intentions, or any of them shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, every per- son so offending shall be guilty of felony, and being convict- ed thereof, shall be liable, at the discretion of the Court, to penal servitude for the term of his or her natural life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard la- bor, as the Court shall direct. Punishment for 4 — If any person or persons whosoever, after the passing of % wMOT'efoHe^^^ ^^^^ ^^^ shall, within this Island, compass, imagine, invent, insurrection, &o, devise, or intend to levy war, or excite insurrection against the Government of this Island, as by Law established, in or- Law 10, 1869. 338 der by force or constraint to compel the Governor and Legis- lative Council, or either of them, to consent to alter or change the Constitution of this Island, as by Law established, or in order to put any force or constraint upon, or to intimi- date and overawe the Governor and Legislative Council, or either of them, or to move or stir any foreigner or stranger with force to invade this Island, and shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, such compass- ings, imaginations, inventions, devices, or intentions, or any of them, every person so offending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to penal servitude for the term of his or her natu- ral life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labor, as the Court shall direct. 5 — If any person or persons whosoever, after the passing punishment for of this Law shall, within this Island, maliciously and advised- rection or rebei- ly endeavour to excite or stir up any person to commit any '""»»*<'• act of insurrection or rebellion, or make or endeavour to make any traitorous or rebellious assembly, or to commit any traitorous or rebellious act, or to engage in any con- federacy, combination, or conspiracy for the purpose, by force or constraint, or otherwise than by lawful means, of effecting a change in the state or condition of the people of this Island, or by force or constraint of compelling the Go- vernor and Legislative Council, or either of them, to consent to grant or agree to such change, or in order to put any force or constraint upon, or to intimidate or overawe the Governor and Legislative Council, or either of them, every person so offending shall be guilty of felony, and being convicted there- of shall be liable, at the discretion of the Court, to penal ser- vitude for the term of his or her natural life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labor, as the Court shall direct. 334 Law 10, 1869. Persons not to be prosecuted for words only nnless informa- tion given with- in six days and warrant issued within ten days. Any number of overt acts may be charged. Punishment of accessories be- fore and after the fact. No costs to be given to prose- cutor or witness- 6— Provided always, that no person shall be prosecuted for any felony by virtue of this Law in respect of such compass- ings, imaginations, inventions, devices, or intentions, in so far as the same are expressed, uttered, or declared by open and advised speaking only, unless information of such compassings, imaginations, inventions, devices, or inten- tions, and of the words by which the same were expressed, uttered, or declared, shall be given upon oath to one or more Justice or Justices of the Peace within six days after such words shall have been spoken, and unless a warrant for the apprehension of the person by whom such words shall have been spoken shall be issued within ten days next after such information shall have been given as aforesaid ; and that no person shall be convicted of any such compassings, imagina- tions, inventions^ devices, or intentions as aforesaid, in so far as the same are expressed, uttered, or declared by open and advised speaking as aforesaid, except upon his own confession in open Court, or unless the words so spoken shall be proved by two credible witnesses. 7 — It shall be lawful, in any indictment for any felony under this Law, to charge against the offender any number of the matters, acts, or deeds by which such compassings, im- aginations, inventions, devices or intentions as aforesaid, or any of them shall have been expressed, uttered, or declared. 8 — In the case of every felony punishable under^this Law, every principal in the second degree, and every accessory be- fore the fact, shall be punishable in the same manner as the principal in the first degree is by this Law punishable ; and every accessory after the fact to any such felony shall, on conviction, be liable to be imprisoned, with or without hard labour, for any term not exceeding two years. 9 — It shall not be lawful for any Court, before which any person shall be prosecuted or tried for any felony under this Law, to order payment to the prosecutor or the witnesses of any costs which shall be incurred in preferring or prosecut- ing any such indictment, 335 JAMAICA— LAW 11 OF 1869. A Law to Enable the Governor to take over the Industrial and Eeformatory School in Kingston, and to make Pro- vision for the Maintenance thereof as a Government Reformatory, and to Constitute other Government Re- formatories,* [6th March, 1869.] JAMAICA— LAW 12 OF 1869. A Law to Repeal the Act Twenty-Sixth Victoria, Session One, Chapter Four, the Public Hospital Act, and to Re- enact the same with Amendments. I8th March, 1869.] WHEREAS it is expedient to make new provision for the Preamble, government of the Public Hospital of Kingston : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — This Law may be cited for all purposes as " The Public short title. Hospital Law, 1869." 2 — The Act twenty-sixth Victoria, session one, chapter 26 vic. sess. i, four, An Act for the government of the Pnhlic Sospital of King- ston, is hereby repealed, but all subsisting appointments under the said Act shall continue nevertheless during pleasure ; and the rules and regulations now in force for the government of the Public Hospital shall continue in force until other rules and regulations have been made under this Law. 3 — The general management of the Public Hospital shall ffenarai man- be vested in the Chief Medical Officer of the institution, who Chief Medical shall be styled " Chief Medical Officer and Director of the ^^t^^ ^""^ ^'" Public Hospital." * Bepealed by sec. 1 of Law 34 of 1881. 336 Law 12, 1869. Appointment of successor to Chief Medical Officer, and of other officers, 4— On the removal, death, or resignation of the Chief Medi- cal Officer, the Crown may appoint a successor during plea- sure, with the same functions, powers, and duties ; and the Crown may also appoint one or more medical officers during pleasure, Avho shall he subordinate to the Chief Medical Officer and Director ; and the Governor may from time to time ap- point and remove such subordinate officers, medical, surgical, or otherwise, and such stewards, clerks, nurses, and other servants as he may deem necessary. Governor in ■Privy Council to establish rules. 5 — It shall and may be lawful for the Governor, in Privy Council, from time to time to establish rules and regulations for the admission of patients to the said Hospital, the per- formance of the duties of the officers and servants, and the good order and government thereof, as well as to fix the rates to be paid on admission for seamen and indentured persons, and by persons able to meet their expenses in the said Hos- pital, and to alter, amend, or revoke the same. Governor to appoint Board of visitors!. 6— It shall be lawful for the Governor from time to time to appoint such person or persons as he shall see fit to be a visitor or a board of visitors of the Public Hospital, with such powers and duties as the Governor, with the advice of the Privy Council, may from time to time direct. Seamen and apprentices admitted only on guarantee for dues and funeral expen- ses. 7 — No seaman hired, articled, or apprenticed to any vessel, and no person indentu-red or apprenticed to any estate or person shall be admitted into the Hospital except on occasion of serious accident, or other extreme emergency, until the consignee of such vessel, or the proprietor or agent of such estate, or the master or employer of the person indentured or apprenticed as aforesaid, as the case may be, shall have given a letter of guarantee to the Chief Medical Officer and Director, undertaking, to the extent of twenty pounds, for the payment of the Hospital dues at such rates as may be fixed by the rules and regulations under this Law, and for payment also of his funeral expenses in case of his death. Law 12, 1869. 337 8 — Every master and every consia-nee of a vessel from wliich. Master and " , «; o consignee any seaman not being a deserter from his vessel has been re- liable for sea- ceived into the Hospital, shall be liable for the Hospital dues, deserters), ad°^ and funeral expenses of such seaman. mitted mto the Public Hospital. 9 — In case any seaman, not beins- a deserter from his vessel, S'^j^^ Medical . ^ , , Officer and Di- shall be admitted into the Hospital .on occasion of serious ac- rector maycaU cident or other extreme emergency, the Chief Medical Officer from^conwgnee and Director shall call "upon the consignee of the vessel to of vessel ; on which such seaman belongs, to give security for the Hospital may give dues of such seaman and for his funeral expenses in case of {^"to^r of*Cus'- his death, and in case of refusal or neglect, the Chief Medical toms, Kingston Officer and Director:, may give notice to the Collector of Cus- vessel until toms for Kingston, who shall not clear such vessel until such dues, &o., paid ■ ° . , ■ . • r. 1 °' secured. dues or expenses are paid, or security has been given for the i same. 10— In the case of a pauper sent from any Parish of this Expenses of Island by the Clerk of the Municipal Board, or by an Almoner pftai to^be of such Parish for treatment in the Public Hospital of Kinsf- bomeby Pa- J- ~ rishes. ston, the expense of the maintenance of such pauper whilst in Hospital, and of returning him to his parish when discharged, or his funeral expenses in case of death, shall be defrayed from the Pauper Punds of such Parish. 11 — All monies now or hereafter to be owing by, or on ac- Proceedings count of patients, or for their funeral expenses, may be re- dues, &c. covered by the Chief Medical Officer and Director of the Public Hospital in the District Court of Kingston, or of the place where the defendant may reside, or may have last re- sided, at the option of the Chief Medical Officer and Director, without any limitation as to the amount to be recovered ; in such proceedings the Chief Medical Officer and Director shall describe himself by his style or title of " Chief Medical Officer and Director of the Public Hospital," and such proceedings shall not abate by reason of the death, resignation, or removal of such officer, but may be continued and enforced by his suc- cessor. W 338 All monies re- ceived to be paid into Colo- nial Bank to the credit of the Treasurer. Commence- ment of Law. Law 12, 1869. 12 — All monies to be received under this Law, and tlie rules and regulations to be made in pursuance thereof for the benefit of the Hospital, shall be from time to time paid to the Colonial Bank, to the credit of the Treasurer of this Island, or otherwise, as may by Law be required, and shall be appli- cable to the expenses of the said Hospital, and shall be pay- able under the warrant of the Governor. 13^ — This Law shall come into operation on the first day of May, one thousand eight hundred and sixty-nine. JAMAICA- LAW 13 OF 1869. A Law to Amend the Law 26 of 1867, " The Summary Procedure on Bills of Exchange Law, 1867."* [Sth March, 1869.] Preamble. 32 of 1867, sees. 23 and 41 re- % pealed. JAMAICA— LAW 14 OF 1869. A Law to Amend Law 32 of 1867, " The Tax Collection Law, 1867."t [18^A March, 1869.] TTTHEREAS it is expedient to amend the Law 32 of 1867, T T " The Tax Collection Law, 1867," in the respects here- inafter mentioned : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council there- of, as follows : 1 — The twenty-third and forty-first sections of the said Law 32 of 1867 are hereby repealed. * Repealed by sec. 2 of Law 25 of 1879. t Powers, provisions, regulations and directions of this Law incorporated in Law 16 of 1889 by the 5th section of that Law. Law 14, 1869. 339 2 — Any action or prosecution against any person for any ^^^jg*""^*° thing done in pursuance or execution, or intended execution of the above mentioned Law 32 of 1867, or any other Act or Law, relating to the collection of duties or taxes, shall be laid and tried in the parish or district where the thing was done, and shall be commenced within six months after the thing was done, and not otherwise. Notice in writing of every such action, and of the cause thereof, shall be given to the intended defendant one month at least before the commencement of the action. In any such action the defendant may plead generally that the act complained of was done in pursuance or execution, or intended execution of the Law relating to the taxes or duties, and give the several Laws and the special matter in evidence at any trial to be had there- upon. The plaintiff shall not recover if tender of sufB.cient amends is made before action brought, or if a sufficient sum of money is paid into Court after action brought by or on behalf of the defendant. If a verdict passes for the defendant, or , the plaintiff becomes nonsuited, or discontinues the action after issue joined, or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs between attorney and client, and shall have the like remedy for the same as any defendant has by Law for costs in other cases. Though a verdict be given for the plaintiff he shall not have costs against the defendant, unless the Judge, before whom the trial is had, certifies his approbation of the action. 340 Law 14, 1869. A^'ointments E— Every Collector of Taxes, and Assistant Collector of &c. during ' Taxes appointed or to be appointed under tlie said Law 32 of extraToflia^ 1867 shall hold his office during pleasure, 'and that notwith- biiitieson death standing his having been appointed to some other office which under that Law he can hold concurrently with his office of Collector of Taxes, or Assistant Collector of Taxes; and, upon the death or removal from office of any such officer, the liabilities of himself and sureties under his or their bond or bonds shall cease, except in respect of any non-payment over of monies, or any other defaults previous to his death or re- moval, and such officer shall be deemed to have been in de- fault in any case in which, within his knowledge, any duty, or tax, or instalment thereof, had fallen due, and payment thereof might have been enforced previously to his death or removal, upon proof being given that the same could have been collected or enforced previously to his death or removal. Payment of 4 — When payment .of the duties is authorized to be made limitedto 10th ^J moicties Under the Law 30 of 1867, the time for payment day of August, of the first moicty is hereby declared to be limited to the if not then paid ■, -i n i • whole duties tenth day of August m the year of the assessment ; and if the payable. payment of such moiety be not made by the said tenth day of August, or on the following day, if the tenth day of August shall fall upon a Sunday, the entire duties ■ shall thereupon become payable and recoverable with the surcharge, if any, assessed thereon. 5 — Notwithstanding the remedies gvien by the " Tax Col- Dutiesmay.be lection Law, 1867," and this Law, or any other Law recovered in , " District Court, relating to taxes or duties, the Collector of Taxes, and Assistant Collector of Taxes, , may proceed for the recovery of any amount claimed for any taxes or duties, and for the surcharge thereon, before a Judge of a District Court, and such proceedings may be brought in the name of such Collector of Taxes, or Assistant Collector of Taxes, who shall describe himself by his name and office, and such pro- ceedings shall not abate by the death, removal, or resignation of such Collector of Taxes, or Assistant Collector of Taxes, Law 14, 1869, 341 but may be carried on and enforced by and in the name of his successor. 6— Every Collector of Taxes, or Assistant Collector of Taxes, Collectors and '' ... assistant Col- shall have power to name and appoint a Bailiff for the pur- lectors of Taxes pOse of making a distress for taxes and duties, and every such Baiiiffs^to'make Bailiff shall have the like powers as his principal might or distiess. could have exercised in relation to such distress, and the pro- ceedings thereunder, and shall be entitled to the like pro- tection : Provided, that every such Collector, or Assistant Collector, shall be responsible for the acts of the Bailiff ap- pointed by him. 7 — Whenever the goods and chattels, or other property of Payment or any person indebted for taxes or duties shall have been taken property taken by the Provost-marshal, or his deputy, or by the Bailiff of ^^™gJ°oj any District Court, by virtue of. any execution, warrant, or deputy, or Bai- other process, it shall be lawful for the Collector of Taxes, or court. Assistant Collector of Taxes, to make a declaration in writing before a Justice of the Peace of his parish that such person is indebted for taxes or duties, stating the amount' wherein such person is so indebted, and to deliver the same to the Pro- vost-marshal, or his deputy, or the Bailiff of the District Court, who shall have seized such property ; and it shall be the duty of the Provost-marshal, or his deputy, or the Bailiff of such District Court, to pay over to such Collector of Taxes, or As- sistant Collector of Taxes, the net proceeds of any such levy, or a sufficient portion thereof in or towards satisfaction of the taxes or duties so declared to be due ; and the declara- tion so made and delivered to the of&cer executing the pro- cess aforesaid, shall by such officer be returned to the Court out of which such process shall have issued as the authority for such payment. 8 — If any person shall assault, hinder, or obstruct, or in- Penalty for cite any person to assault, hinder, or obstruct any Collector officer." "^ of Taxes, or Assistant Collector of Taxes, or other officer in the performance of his duty, under any Act or Law relating evidence 342 Law 14, 1869. to taxes or duties, every such person shall be liable to a penal- ty not exceeding ten pounds for every such offence, to be re- covered as other penalties under the said Law 32 of 1867, and to be applied to the use of the Government of this Island. Copies of rules 9 — ^Oopies of all rulcs passcd by the Governor in Privy Council for the regulation of the duties and the guidance of Collectors of Taxes, and Assistant Collectors of Taxes, and other oflB.cers, in relation to the departments of the Customs, Excise, and Internal Revenue, signed, or purporting to be signed by the Clerk of the Privy Council, and printed copies of such rules purporting to be printed by authority of the Government of this Island, produced from the office of the Collector General, or of any other officer of either of the said Departments, shall be received in all Courts as sufficient evidence of such rules. JAMAICA— LAW 15 OF 1869. A Law for Granting to her Majesty certain Sums of Money, required for Defraying certain Expenses of the Civil Government, and for Immigration, and certain other Enpenses connected with the Public Service, for the Financial Year One Thousand Eight Hundred and Six- ty-Eight—Sixty Nine.* 118th March, 1869.] JAMAICA— LAW 16 OF 1869. A Law toModify the Proviso to the Fourteenth Section of Law 17 of 1867, " ALaw Imposing Licenses for the Sale of Spirits." t [19th March, 1869.] * Omitted as spent. t Repealed by sec. 1 of Law 9 of 1875. 343 JAMAICA— LAW 17 OF 1869. A Law to Amend and make Permanent the Act Twenty- Fifth Victoria, Chapter Eighteen, relating to Highways not being Main Roads,* [Slst March, 1869.] Preamble. JAMAICA— LAW 18 OF 1869. A Law to Extend the Act Nineteenth Victoria, Chapter Thirty-Two, " The Sale and Barter of Metals Act, 1856," to Articles of Manufa.ctured Gold, Silver, Plate, Plated Ware, and Jewelry, and Precious Stones and Bullion. I21th April, 1869.J WHEREAS it is expedient to extend the provisions of the Act Nineteenth Victoria, Chapter thirty-two, " The Sale and Barter of Metals' Act, 1856," to articles of manufactured gold, silver, plate, plated ware, and jewelry, and to precious stones and bullion, and to bring the dealers in such articles under the operation of that Law : Be it en- acted by the Governor of Jamaica, with the advice and con- sent of the Legislative Council thereof, as follows : 1— The Act Nineteenth Victoria, Chapter thirty-two, J^^^^g^-Jf' " The Sale and Barter of Metals' Act, 1856," is hereby de- manufactured clared to be extended to, and to include, in addition to manu- .piate,"pkted. factured iron, copper, lead, brass, and other metallic sub- ware, jewelry stances, articles of manufactured gold, silver, plate, plated stones and bul- ware, and jewelry, which may have been already in use, and ^°^- precious stones and bullion ; and the provisions of the said Act shall be read as if the said last-mentioned articles had been originally included in and formed part of the said Law : Provided, that bullion shall not, for the purposes of this i^'OTiso. Law, include either coin or foreign ingots. * Bepealed by sec. I of Ijaw 29 of 1873. ^ 3M Law 18, 1869. Dealers in the last mentioned articles subject to the provi- sions of the said Act. 2 — Every person dealing in the purcliase, or sale, or barter of articles of mamifacturecl gold, silver, plate, plated ware, or jewelry, precious stones or bullion as aforesaid, stall in all respects be subject to the like .duties, liabilities, obligations, and responsibilities, and be bound to comply with the require- ments of the said Act, as extended by tbe provisions of this Law, under and subject to the like penalties and forfeitures as are in tbe said Act declared in respect to persons dealing in manufactured iron, copper, lead, brass, or other metallic substances therein mentioned, as fully and effectually as if the said Act had specially referred to articles of manufactured gold, silver, plate, plated ware, or jewelry, precious stones or bullion. Duty of £5 substituted for the duty of £12 under the said Act, such duty in addition to the duty under Law 18 of 1867. Payment of duty and grant of license un- der the said Act to 5th April, 1870, authorizes grant of license under this Law, and payment back of differ- ence of duty. Declaration to this Law annex- ed, applicable to articles of manufactured old, &o. 3 — Instead of the duty of twelve pounds required under the second section of the recited Act there shall be- paid by every person taking out a license under the said Act, as ex- tended as aforesaid, a duty of five pounds for the whole time such license shall be in force, and such duty shall be in ad- dition to the duty under the Law 18 of 1867, A Law imposing licenses upon trades and business ; and such duty shall be paid, and the licenses . granted in like manner as the duty and licenses under " The Sale and Barter of Metals' Act, 1856 ;" and the form of license to this Law annexed shall be sub- stituted for the license in the schedule to the said Act. 4 — Every person who shall have already paid the duty and •taken out a license under^the "Sale and Barter of Metals' Act, 1856," for the year ending on the fifth day of April, one thousand eight hundred and seventy, shall be entitled to ob- tain a license under this Law in substitution of the said license, and to receive back the difference of duty. 5 — The form of declaration hereto annexed shall be used in reference to articles of manufactured gold, silver, plate, and plated ware, aiid to jewelry, precious stones, and bullion. Law 18, 1869. 346 6 — The said Act nineteenth Victoria, chapter thirty -two, 19 Vice 32, , . ^ . ^ incorporated IS hereby incorporated with this Law, and the said Laws may with this Law. be cited together as " The Sale and Barter of Metals' Laws, 1856 and 1869." SCHEDULE. A. EOEM OE LICENSE. . Jamaica. ) (Name of parish.) j At a special session of the peace in and^for the Parish of held on the day of 18 A. B., of, &c., having been approved of as a fit and pro- per person to be licensed to deal in manufactured gold, silver, plate and plated ware, and jewelry, iron, copper, lead, brass, and other metallic substances which have been already in.use, and in precioiis stones and bullion, is hereby licensed to deal in the purchase, sale, and barter of the said metals, metallic substances, jewelry, precious stones, and bullion under " The sale and Barter of Me- tals' Laws, 1856 and 1869," in the (shop) situate at in the said parish, from the date hereof up to and until the fifth day of April, in the year 18 C. P., Clerk of Peace. EOEM OE DECLAEATION. B. Jamaica. | (Name of parish,) ) I, A. B., of do declare, that (here describe the articles or article specifically and fully), weighing ' ounces (troy) are (or is) my property, and were (or was) by me purchased or im- 346 Law 18, 1869. ported when new (or otherwise, according to the fact), from of on or about the day of 18 and have (or has) been by me ever since used, or have (or has) remained in my posses- sion tip to this time. Taken and declared at under the " Sale and Barter of Metals'.Laws, 1856 and 1869," on the day of 18 / E. P., J. p. JAMAICA— LAW 19 OF 1869. A Law to Transfer tp the Governor the Powers given by the First. Section of the Seventeenth Victoria, Chapter Two, and. to Authorize the Governor from time to time to direct the Warehousing, in a Government Ware- house, of certain Goods Imported into this Island.* [10th May, 1869.] JAMAICA— LAW 20 OF 1869. A Law to Consolidate and Amend the Laws Eelating to the Recording of Accounts by Trustees, Attorneys, Agents, and Persons in a Fiduciary Character. \lOt1i May, 1869.] BE it enacted by the Governor of Jamaica,'with the advice and consent of the Legislative Council thereof, as follows : * Repealed by Section 241 of Law 18 of 1877, Law 20, 1869. 347 1 — All persons wlio are acting attorneys, or agents of per- Persons acting sons who have real estate in this Island, but are absent from agentrMd tnis- this Island, and all trustees, guardians, executors, or adminis- •n^alSud*''^'^^ trators, acting on behalf of minors and others, and all mort- character to gagees, their heirs, executors, administrators, or assigns in counts."™^ ^ possession, sequestrators and committees of lunatics appoint- ed by the "Court of Chancery, or any of them having thereby the management and direction, and receipt or disposal of the rents, profits, and produce of any real estate whatsoever shall, and are hereby directed and required between the first day of January and thirty-first day of March in every year, to render and exhibit into the Secretary's Office in this Is- land, therein to be recorded, a true and just account in writ- ing, upon their oath or affirmation, or the oath or affiirma- tion of their overseer or principal servant upon such real es- tate of all the rents, profits, produce, and proceeds thereof (hereinafter in this Law referred to as the crop account), and shall in such account particularly set forth the quantity and description of all such produce, and of the increase and de- crease of all horned stock, horses and other cattle, in the pre- ceding year ending the thirty-first day of December last, be- fore the rendering and exhibiting such account of or from any such estate. 2 — The oath or affirmation hereinbefore directed to be Form of oath or . n ii • -I 1 1 • • 1 affirmation. taken shall be m the form following, and may be administered by any Judge of any Court of Law or of Equity in this Island, or by any Justice of the Peace acting within his jurisdiction, who is hereby directed to make a memorandum of such oath upon or under such account : I, A. B., do swear (or affirm) that the above contains a just and true account of all the rents, profits, produce, and proceeds of plantation, in the parish of made and accrued for the year ending the thirty-first day of December, 18 (Signed) A. B. Sworn at before toe this day of 18 Judge, or J. P. 348 Law 20, 1869. Penalty for lect. Attorneys, ' agents; trustees, &c., to record accounts cur- rent. 3 — In case any person by this Law required, to render such account as last aforesaid shall neglect to render and exhibit the same in manner and between the days hereinbefore limited for that purpose yearly, such person shall, for such neglect or omission, forfeit twenty pounds, to be recovered as hereinafter mentioned, and shall, over and above such pe- nalty, lose the benefits of his commissions for such year. 4 — Every attorney or agent of any person absent from this Island, and every trustee, guardian, mortgagee, or other fiduciary in the actual possession and management as such of any real estate in this Island shall, under the penalty of twenty pounds, and in case of attorneys, agents, and trustees, guardians, and other fiduciaries aforesaid, of forfeiture of commissions upon each year's crop, within eighteen months after recording each crop account, record in the Office of the Secretary of this Island, upon his oath or affirmation, to be taken in the form hereinbefore mentioned, the whole ac- counts of every such real estate, and the account current res- pecting the same, shewing what, if anything remains due to such attorney, agent, guardian, mortgagee, or other fiduciary trustee. False declara- tion perjury. Recovery of penalties.' 5 — Every person who shall falsely take any oath, or make any affirmation required by this Law, shall suffer punish- ment as in cases of perjury. 6 — Every penalty recoverable by virtue of this Law shall be recoverable in the Spanish Town District Court, and one moiety thereof shall go to the party aggrieved, and the other to the Crown. Repeal of Acts. 7 — On and from the passing of this Law the several Acts mentioned in the schedule to this Law annexed shall be and stand repealed, without prejudice nevertheless to anything done or personally incurred under any of them. Law 20, 1869. ' :S48 SCHEDULE OE ACTS AND PARTS OE ACTS RE- PEALED BY THIS LAW. Thirteenth George the second, chapter nine. Twenty-fourth George the second, chapter nineteen, section seven. Twenty-fifth George the third, chapter ten, section three. Thirty-third George the third, chapter twenty-one. Thirty-eighth George the third, chapter ten. JAMAICA— LAW 21 OF 1869. A Law to Eeimburse tlie Island Curates' Fund in respect of what is or may be Due on Advances for the Rirchase or Repair of Residences for Curates, on certain Con- ditions* [18;;/* 3Iay, 1869.] JAMAICA— LAW 22 OF 1869, A Law to Determine by Whom the Expenses of Imprisoned Debtors shall be Paid, and to enable, the Government to take over the Middlesex and Surrey County GaoLf \lSth ' May, 1869.] * Repealed by sec. 4 of Law 3 of 1872. f This Law is repealed by sections 10 of Law 26 of 1871 and 97 of Law 18 of 1832 except sections 8 and 10 which are repealed by implication. S30 Preamble. Duties of In- spectors of Weights and Measures un- der 6 Vic. c. 28, to be perform- ed by Inspec- tors, &c., of Constabulary. Without fur- ^ ther remune- ration. JAMAICA— LAW 23 OF 1869. A Law to Transfer to the Members of the Constabulary- Force the Duties heretofore Performed by Inspectors of "Weights and Measures, and to Amend the Act Sixth Victoria, Chapter Twenty-eight. I22nd May, 1869.] WHEREAS by the Act twenty-third Victoria, chapter nineteen, it was declared that on any vacancy oc- curring in the situation of Inspector of Weights and Mea- sures for any parish, the duties should be performed by the Inspector of Police, or one of the Sergeants of the Police, without any additional salary or remuneration : And whereas the said Act has some time expired, and it is expedient to make provision for the objects aforesaid, and also to amend the Act sixth Victoria, chapter twenty -eight, as hereinafter mentioned : Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : 1 — From and after the passing of this Law the duties which, under the sixth Victoria, chapter twenty-eight, were per- formed by the Inspectors of Weights and Measures, shall be performed by an Inspector or Sub-inspector of the Constabu- lary Force, or by some one of the Sergeant-majors or Ser- geants of the Eorce in the parish or respective parishes in which such Inspector, Sub-inspector, Sergeant-major, or Ser- geant shall be stationed ; and every such member of the force shall, for the purpose of carrying out the said Law, have and be invested with all and every the powers and authorities by the said Act given to or conferred upon, or which might have been exercised by the several Inspectors of Weights and Measures under the said Law during the time they held their said offices. 2 — No member bf the Constabulary Force acting as afore- said shall be entitled to any pay or remuneration other than what he may receive as a member of the said Constabulary Force. Law 23, 1869. 351 3 — The power by tlie thirteentli section of the said Act Poff'" ^^^^^ , . ,1 -ir- • 1 • ■ ■^'^^ ^° appoint Sixth Victoria, chapter twenty-eight, given for the appoint- inspectors of ment of Inspectors of Weights and Measures in the several Meafures^df- parishes of this Island, shall be, and is hereby determined. termined. 4 — It shall be lawful for the Justices in all cases in which Justices may by the said Act they are empowered to award imprisonment, sonment with to award such imprisonment with or without hard labour. J' ^'*i»out ^ hard labor. JAMAICA— LAW 24 OF 1869. A Law to Kepeal the Act EigMh Victoria, Chapter Forty- Six, "An Act to Provide for the Publication of a Public Newspaper, to be called the ' Jamaica Gazette by Au- thority,' " and to Re-enact the same, with Amendments. [iW June, 1869.] WHEREAS it is expedient to amend the Act eighth Preamble. Victoria, chapter forty-six, and to make other pro- vision for the publication of a public newspaper, to be called " The Jamaica Gazette :" Be it enacted by the Governor of Jamaica, with the advice and consent of the Legislative Coun- cil thereof, as follows : 1 — The said Act eighth Victoria, chapter forty-six. An Act gth Vic. c. 46 to provide for the publication of a public newspaper, to he called repealed. the " Jamaica Gazette by Authority," is hereby repealed. 2— It shall be lawful for the Governor of this Island to Governor may make arrangements with the present contractor for publishing present ^n^ the "Jamaica Gazette by Authority," either for the con- tractor to con- ducting and distributing the said newspaper, according as the under this Law, same shall be fixed and required under this Law, for such °oQ\°^p^t™'^°° term and time as may be agreed on, or otherwise for the abandonment of his contract under the said repealed Law. 352 liA.wi24!, 1869. Governor may 3 — j± gi^all be lawful for the Governor of this Island, when- tracts for the ever any contract nnder this Law shall determine, or be put and dutribu- ^^ ^^^ ^^' ^^ Contract for the printing and publishing, in the tion of a public City of Kingston, or the Town of Saint Jago de la Vega, and newspaper. ^^^ ^^^ distributing and circulating throughout the Island of a public newspaper for such purposes, in such manner, and on such day of each week as is hereinafter directed. To be caUed the " Jamaica Gazette," and to be publish- e 1 as determin- ed by the Go- vernor, and to consist of cer- tain official pa- pers and other advertisements. 4 — Such public newspaper shall be separate and distinct from all other newspapers now or hereafter to be published in this Island, and shall be called " The Jamaica G-azette;" and the said newspaper shall be published of such size, and on such paper, and in such type, and with such number of pages at the least, as shall be fixed and determined by the Governor of this Island, and shall contain, without other matter of publication whatsoever, such official papers as the Governor may order to be so published, and government, public, and parochial orders, notices, returns, and advertise- ments published under the authority of the Governor, the Legislative Council of this Island, or by the order of the Court of Chancery, the Supreme Court, or District Courts, or of any of the Judges of the said Courts, or of any Secretary of the Government, or by direction of any Board of Commissioners or Trustees appointed and constituted, or to be appointed and constituted under any Act or Law of this Island for any public service, or by the authority and direction of any Municipal, or Parochial Eoad Board, all notices, returns, and advertisements required to be published in the " Jamaica Gazette by Authority," under or by virtue of any Act or Law of this Island, and all other advertisements whatever of a public nature, directed to be published by any present or future Law of this Island. To be publish- ed on Thurs- day, or such other day of the week as 1^ the Governor shall direct, and to be |dis- tributed or 6 — The said newspaper shall be published and issued from the office of publication on Thursday, or on such other day in each week as the Governor shall from time to time direct, and shall be distributed or posted by the contractor for the printing and publishing of such paper immediately upon the publication thereof to the Governor, the Secretaries of Go- Law 24, 1869. 353 yernment, the Members of the Legislative Council, and the po»*ed by iha ' ° . contractor to ofB-cers thereof, the Director of Roads, the Auditor General, certain persons the Treasurer, the Agent General of Immigration, and the several Agents of Immigration, the Collector General of the Customs, Excise, and Internal Revenue, the Collectors and Sub-collectors of the Customs, the Collectors and Assistant Collectors of Taxes, the Postmaster for Jamaica, and the several Postmasters of this Island, the Inspector-General and Deputy Inspector-General, and Inspectors and Sub-inspectors of Constabulary, the Inspector of Prisons, all Justices of the Peace, Clerks of the Peace, Clerks of the Magistrates, the Members and Clerks of the Municipal and Parochial Road Boards, the heads of departments in the military, naval, and civil service of her Majesty, and such other public and paro- chial of&cers and persons as the Governor may from time to time direct ;, Provided, that the total number of copies for distribution as aforesaid shall not exceed one thousand sand five hundred : And provided also, that the contractor may be required by the Governor to furnish to any of the persons above-mentioned more than one copy of such newspaper. 6 — Copies of the Jamaica Gazette, posted as above required ^gygdV* "ost by the said contractor, shall be conveyed by post free of free of postal , 1 1 charges. postal charge. 7 — All copies of the said newspaper, required to be distribut- The said news- ed or posted as aforesaid, shall be distributed or posted, and dfstributed or all advertisements which under this Law shall be published P°^*^? ^°^ ^^^ in the said newspaper, shall be inserted and published there- pubUshed at the in at the cost and charges of the contractor, and without any tractor wfthout further claim or demand against the Government of this Is- other charge land, or a-ny public or parochial authority or individual in neration under respect thereof, or for the postage of letters containing or *^® contract. relating to such advertisements, or any charge or expense whatsoever other than ' and except the remuneration to be given to thesaid contractor under his contract. 8 — The Treasurer of this Island, on the warrant of the Gov- Treasurer on ernor, shall pay to the contractor for the said " Jamaica g^'^oH** S pay 354 Law 24, 1869. the remunera- tion to the con- tractor. In case of non- performance &c. Governor may annul contract, and make another. Proviso, right to proceed against contractor, &c., not affected. " Gazette," tlie amount necessary to meet the remuneration whicli shall be agreed upon and fixed in any such, contract, in such proportions, and on such days and times, as by the Gov- ernor shall be appointed for payment thereof. 9 — In case of any failure, non-performance, or non-observ- ance by any person or persons with whom any contract for the services aforesaid shall be entered into, it shall be lawful to and for the Governor immediately thereupon, if to him shall seem fit, to break off and annul such contract, and again to enter into a new contract with some other person or persons for the due and strict publication, distribution, and posting of such newspaper : Provided, that nothing herein contained shall affect, supersede, or take away, or be construed to affect, supersede, or take away the right and j)ower of the Govern- ment to proceed on any contract or security entered into by the said contractor and his sureties, if any, for the purpose of recovering for any breach, non-performance, or non-observ- ance of the said contract. Public and pa- rochial autho- rities, &c. to ad- vertise in the Jamaica Ga- zette. 10 — ^All Public and Parochial Authorities, Officers, Com- missioners, and Trustees are hereby required to insert and publish in the said " Jamaica Gazette" all the advertisements which they are by Law authorized and required from time to time to publish in the " Jamaica Gazette by Authority," and the publication thereof in the said Jamaica Gazette shall at all times be deemed to be evidence of the due publication thereof, and to be in compliance with the provisions and re- quirements of the said several Acts and Laws having relation thereto. 355 JAMAICA— LAW 25 OF 1869. A Law to Amend the Practice and Procedure of the Court of Chancery. [11th Jime, 1869.J 1 to 42—* 43 — And whereas it is expedient to provide means for en- Court or Judge abling executors or administrators of deceased parties to as- of eMcutora or certain whether there are any outstanding debts or liabilities administrators affecting the personal estates of such persons, without" the of Court direct delay and expense of suits to administer such estates : Be it debtr^^lk- therefore enacted, that upon the application of the executors duties to be or administrators of any deceased person, at any time after probate or letters of administration shall have been granted, it shall be lawful for the Court or Judge, upon a summons, in the form used for originating proceedings at Chambers, by an order in the form or to the effect set forth in the schedule (A) to this Law annexed, with such variations as circumstances may require, to direct that an account shall be taken of the debts and liabilities affecting the personal estate of such de- ceased person ; and after any such order shall have been made the Court or Judge may, upon the application of the execu- tors or administrators, restrain or suspend, until the account directed by such order shall have been taken, any proceed- ings at Law against such executors or administrators by any ■ person having or claiming to have any demand upon the es- tate of the deceased, upon such terms and conditions, if any, as to the Court or Judge shall seem just : And any notices for creditors to come in, which may be published in pursuance of any such order, shall have the same force and effect as if such notices had been given in a suit by cause petition for the administration of such estate: Provided always, that no such order shall be made pending any pro- ceedings to administer the estate of such person ; and that in case at any time after the making of such order any decree or order for administering the estate of such deceased person * Kepealed by Sec. 2 of Law 25 of 1879. ~ ' ^B& Law 25, 1869. shall be made, it shall be lawful for the Court, by such decree or order, to stay or suspend the proceedings under such order, of course, on such terms and conditions, if any, as to the said Court shall seem just. Certificate or 44 — It shall be lawful for any jaerson who may have coine ter may be ob- ^^ Under any such order, and who claims to be a creditor upon jected to by ap- tj^g estate of the deceased person, or to have any demand plication to the , , ^ . tt-tj ti itj. Court or Judge upon such estate by reason o± any liability, and whose debt shau^be^ivel^''* °^ claim may not have been wholly allowed by the Master, to apply to the Court or Judge Avithin such time as shall be provided by a general order of the Court to have such claim allowed, either wholly or partially ; and it shall be lawful for the said executors or administrators and for any creditor of the deceased person, who may be authorized by special leave of the Court or Judge so to do, to apply to the Court or Judge to disallow wholly or partially any debt or claim which has been allowed by the Master, but save as to any debt or claim as to which notice to the Master ofany such intended ap- plication as aforesaid, may have been given, the certificate or report of the Master shall, upon the filing thereof, be abso.- lute : Provided always, that upon the hearing of any such ap- plication as aforesaid, the Court or Judge may either dismiss such application, or may order the debt or claim to which such application relates to be allowed or disallowed, as the case may be, and either wholly or partially, or may direct, further inquiry or further proceedings, by way of action or otherwise, touching such debt or claim, and after such in- quiry or proceedings, may deal Avith such debt or claim, as. to the Court or Judge shall seem just. tain^liibilrtieT' ^5— In case any debt or any certain liability shall have been allowed and not allowed as aforesaid, and shall not, within such time as shall for,'^o°rder°mJy*^ ^^ prescribed by a general order of the Court, be paid or pro- be made for yidcd for by appropriation, to the satisfaction of the person payment of ac- , , t i ■ i n i t -i -,. counts. who has established such debt or liability, it shall be lawful for the Court or Judge, by order to be made in case of any debt remaining due upon the application of the person to Law 25, 1869. 367 whom the debt remains due, and on notice to the executors or administrators, and in case of any certain liability remain- ing unprovided for by appropriation upon the application of the person by whom such liability has been established, or of the executors or administrators, and on notice by the party applying to the other of them, to order payment of the debts which may have been allowed and which remain impaid, and to provide for the certain liabilities which may have been allowed and which remain unprovided for, in like manner as the same could or might have been paid or provided for in a suit for that purpose, instituted by cause petition, or to direct an account to be taken of the debts and certain liabilities al- lowed as aforesaid, which remain unpaid or unprovided for, and also the usual accounts of the personal estate of the de- ceased person, with all usual and proper directions ; and every such order shall have the same force and effect, and shall be prosecuted and carried on in like manner as a decree in a creditor's suit instituted by cause petition. 46 — In case any contingent liability shall be duly allowed on applLtiSn^* as aforesaid, it shall be lawful for the Court or Judge, by of executors or order to be made upon the application of the executors or ^ay direct ap- administrators, on notice to the person wbo may have estab- Pj™Pg'**o°^e°[ lished such contingent liability, to order such sum of money, contingent lia- part of the estate of the deceased person, as to the Court or ^'^'^^■ Judge shall seem just, to be set apart and appropriated for answering such contingent liability, and to give such direc- tions as the Court or Judge shall think fit, touching the pay- ment of such sum of money into Court, and the investment thereof, and the payment, application, or accumulation of the interest or dividends thereof, in the meantime, and until the same shall be required to answer such liability ; and when such liability shall be ascertained or determined, to give such directions as to the payment of such sum out of Court, as the Court or Judge shall deem right : Provided always, that no order to be made as aforesaid shall in any manner bind the assets so appropriated as against the persons 358 Law 25, 1869. Court may re- strain proceed- ings against ex- ecutors or ad- ministrators. Protection to be afforded to executors and administrators. entitled to the estate of the deceased, subject to the contingent liability, and any person interested in such appropriated assets may apply to the Court touching the same, as he may be advised. 47 — After the filing of such certificate or report as afore- said, it shall be lawful for the Court or Judge, upon the ap- plication of the executors or administrators of the deceased, by order to restrain by injunction any proceedings at Law against them by any person having or claiming to have "any demand upon the estate of the deceased, by reason of any debt or liability other than the persons who may have estab- lished contingent liabilities under the said order, for which no appropriation may have been made. 48 — In case no debt or liability, or no debt or liability other than a contingent liability shall have been allowed as afore- said, or in case any debt or liability other than as aforesaid shall have been allowed as aforesaid, then after the same shall have been paid or provided for by appropriation as aforesaid, all payments made by the executors or administrators, or any of them, on account of the estate of the deceased person, and all dispositions of such assets made by them, or any of them, on account of such estate shall, as against all persons having or claiming to have any demand upon such estate, by reason of any debt or liability other than persons who may have established under the said order any contingent liability for which no such appropriation as aforesaid may have been made, be as good and effectual as if the same had been made under a decree of the Cou.rt : Provided always, that nothing herein contained shall in any manner affect or prejudice the rights of any creditor or other person having any demand or claim upon the estate of the deceased against any assets so paid or disposed of, or against the persons to whom such pay- ment or disposition may have been made, or against any as- sets appropriated under the provisions of this Law, and the appropriation of which, if made under a decree of the said Court, in a suit to which he was not a party, would not have been binding upon him. Law 25, 1869. 359 49 — It shall be lawful for any person claiminff to be a Creditor, &c., "' ■*■ ° may summon creditor, or a specific pecuniary or residuary legatee, or the executor, &o., next of kin, or some or one of the next of kin of a deceased ^° * ^Jorderfor person, to apply for and obtain as of course, without cause administration petition filed, or any other preliminary proceedings, a sum- estate should mons from the Vice-chancellor, requiring the executor or °°* ^^ granted, or administrator, as the case may be, of such deceased person to attend before him at Chambers for the purpose of showing cause why an order for the administration of the personal estate of the deceased should not be granted ; and upon proof, by affidavit, of the due service of such summons, or on the appearance in person, or by his solicitor or counsel of such executor or administrator, and upon proof by affidavit of such other- matters, if any, as such Judge shall require, it povrer to Judge shall be lawful for such Judge, if in his discretion he shall to order ad- think fit so to do, to make the usual order for the administra- such estate, tion of the estate of the deceased, with such variations, if any, as the circumstances of the case may require ; and the order so made shall have the force and effect of a decree to the like effect, made on the hearing of a case between the same parties : Provided, that such Judge shall have full discretionary power to grant or refuse such order, or to give any special directions touching the carriage or execution of such order, and in the case of applications for any such order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants, or of the classes of claim- ants as he may think fit; and, if the Judge shall think proper, the carriage of the order may subsequently be given to such party interested and upon such terms as the Judge may direct. 50 — A duplicate or copy of such summons shall, previously copy of the to the service thereof, be filed in the office of the Court, and iV"!"?""? *° ^° no service thereof upon any executor or administrator shall be office of the of any validity unless the copy so served shall bear an endor- ^°'"*- sation signed by the Registrar and Clerk of the Courts and Crown, indicating the filing thereof; and the filing of such summons shall have the same effect with respect to lis pen^ dens as the filing of a cause petition. 360 Law 25, 1869. Creditor may obtain order for administration of real estate. 51— It shall be lawful for any person claiming to be a ■ creditor of any deceased person or interested under bis will, to apply for and obtain in a summary way, in the manner hereinbefore provided with respect to the personal estate of a deceased person, an order for the administration of the real estate of a deceased person, where the whole of the real estate so sought to be administered is by devise vested in trustees, who are by the will empowered to sell such real estate, and authorized to give receipts for the rents and profits thereof, and for the produce of the sale of such real estate, or where the real estate of such person is otherwise liable to be sold for payment of the demand of the person so applying ; and all the provisions hereinbefore contained with respect to the application for such order at the suit of a creditor in re- lation to the personal estate of a deceased person, and conse- quent thereon, shall extend and be applicable to an applica- tion for such order as last hereinbefore mentioned with res- pect to real estate, and such application and proceeding may be combined with an application and proceeding for the ad- ministration of the personal estate of the same person, where it is necessary or proper that such real and personal estate shall be administered together. No suit to be objected to be- cause only de- claratory order sought. 52—* 53 —No suit in the Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby ; and it shall be lawful for the Court to make binding declarations of right, without granting consequential relief. 54—* 55—* Where account required to be taken Court may give special di- rections. 56 — It shall be lawful for the Court, in any case where any account is required to be taken, to give such special directions as it may think fit, with respect to the mode in which the ac- count should be taken or vouched, and such special directions *Eepealedby sec. 2 of Law 25 of 1879 Law 25, 1869. 361 may be given either by the decree or order directing sucb ac- count, or by any subsequent order or orders, upon its appear- ing to the Court that the circumstances of the case are such as to require such special directions. 57— Where any real or personal property shall form the J^J^^Jna^pro-"^ subject of any proceedings in the Court of Chancery, and the pertytheBub- Court shall be satisfied that the same will be more than suffi- Courtmay ''"' cient to answer all the claims thereon, which ought to be pro- ^JJ^^J^^^i^P^^'^^ vided for in such suit, it shall be lawful for the said Court, part of the in- at any time after the commencement of such proceedings, to *^°'"^' allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of such real property, or a part of such personal property, or a part or the whole of the income thereof, up to such time as the said Court shall direct, and for that purpose to make such orders as may appear to the said Court necessary or expedient. 58—* 59—* 60—* 61—* 62 — Where by any decree or order costs shall be ordered to ^g^^^j^^^j^. be paid to any person, and the person to whom such costs shall standing death, be ordered to be paid shall die before such costs shall have whom^°awMded. been paid, or the amount thereof ascertained, such costs, not- withstanding the death of such person may, on the application of his personal representative, be taxed by the .taxing ofB.cer. 63 — Where by any decree or order costs shall be ordered to Costs may be ,.,1 J. UX11J.1/? taxed notwith- be paid by any person, and. m consequence of the death oi standing death such person such costs cannot, according to the existing Law "h'^^'toV*^ or practice be taxed, it shall be lawful for the Court, on the paid, application of the person entitled to such costs, to direct the taxing officer to tax the same upon service ofa summons upon ♦Eepealed by sec. 2 of Law 25 of 1879. ~~ 362 Law 25, 1869. the personal representative of the person by whom such costs have been ordered to be paid, or such person as the Court shall appoint to represent the estate of such deceased person. Summons to xax 61— Summonses to tax costs, pursuant to the two last pre- to be served m . -•■,-,'•, i • ti ordinary way. Ceding sectious of this Law, shall ;be served m like manner as ordinary sommonses issued by the taxing olficer, or in such manner as the taxing ofB.cer shall, by any writing to be signed by him, direct. Taxing officer 65 — The taxing ofllcer may proceed es parte with such tax- parte. ° ^ ation in case the person served with such summons shall not, by himself or his solicitor, attend pursuant thereto. Taxed costs may 66 — All costs taxed under the provisions of this Law may be recevored. ^^ recovered in like manner as if the same had been taxed in the lifetime of the person to whom or by whom the same shall have been awarded to be paid, or of the person in con- sequence of whose death the same could not, according to the existing Law or practice have been taxed, any Law or prac- tice to the contrary notwithstanding. 67—* Governor in gg — rpj^g Qovernor iliay, by order in Privy Council, to be Privy Council _•>'«t'«8 on ap- or appointment by her Majesty's letters patent, or by the Gov- office after the ernor, shall have paid the stamp duties under the said Law, cuiated on dif- or any previous stamp Act, upon such his commission, grant, ference orexoess warrant, or appointment, and shall be appointed to any other 380 Law 32, 1869. office ■under Government cliarged with a liigiier stamp duty, the rate of duty upon the commission, grant, warrant, or ap- pointment to the latter office, shall be calculated only on the difference or excess, between the salary or emoluments of his former office and the office to which he shall be next there- after appointed, after the rate of four pounds for every one hundred pounds, and proportionately for the fractional part of one hundred pounds. PAPER STAMPS. Paper stamps to 4 — j^ Ueu of the stamps imposed on paper, vellum, or words. parchment, according to the number of lines, there shall be charged on such paper, vellum, or parchment, according to the number of words and figures (each figure being reckoned as a word) contained in any sheet or sheets of paper, vellum, or parchment. When the same shall be under or amount to six hundred words ... £016 And the like sum for every number of six hun- dred Avords, and for every fractional part of such number of Avords.* This Law incor- 5 — This Law shall be incorporated with, and read with the Law 33 of 1868. said Law 33 of 1868, as one Law. JAMAICA LAW— 33 OF 1869. A Law to Amend the Laws Eelating to Surveyors of Land. [dih July, 1869.] Preamble. "TTTHEEEAS it is expedient to amend the Laws relating to T y surveyors of land : Be it therefore enacted by the Governor of Jamaica, with the advice and consent of the Legislative Council thereof, as follows : *Bepealed, so far as it relates to proceedings or copies of proceedings, or documents in. the Supreme Ccurt, by sec. 296 of Lav 41 of 1872. Law 33, 1869. 3#1 1— This Law may be cited, for all purposes, as the " Land Short title. Stirveyors Law, 1869." 2 — The Act twenty-second Victoria, chapter forty. An Act 22nd Vic. c. 40 to repecd the several Acts relating to, and regulatiny ^/te^jro- repealed. ceedings of land surveyors, and tlie Act twenty-fifth Victoria, chapter twenty-seven, are hereby repealed, but without prejudice to any thing done, comnienced, or pending under those Acts ; and any penalty incurred under, or offence com- mitted against any provision of the said Acts may be enforced or punished as if the said Acts were not rej)ealed. 3 — Except as hereinafter mentioned no person shall be Qualification of qualified as a surveyor of land in this Island unless he shall land. have been bound by indenture to serve some legally com- missioned surveyor of land for the space of five years ; and during the said term shall have continued in the active ser- vice of his employer in this Island in his proper business as a surveyor, and shall not have carried on any other business during the said term of five years ; and further, unless he shall have been duly examined and commissioned as hereinafter directed ; and any unqualified person who • shall act as a sur- veyor of land shall, for each offence, be liable to a penalty of not less than ten pounds, and not more than fifty pounds, to be recovered in the District Court of the district in which the offence may have been committed : Provided, that nothing Proviso. herein contained shall prevent any apprentice so bound in manner aforesaid, after he shall have served two years of apprenticeship, from performing the duties and office of a surveyor of land for his said employer with his sanction, and under his guidance and responsibility : Provided, that it shall not be lawful for any such apprentice to sign his employer's name to any j)lat or survey. 4 — In case of the death or removal from the Island of such Transfer of un- , ■ 1 • A 1 expired term of employer before the expiration of the apprenticeship of such apprenticeshijp person, it shall be lawful for any other legally commissioned ^ovai from the surveyor to receive the transfer of the articles of apprentice- island of em- ship of such person, and such apprentice may continue to ployer. 382 Law^33, 1869. Proviso. serve with sucli other suryeyor the unexpired tern! of appren- ticeship in like naanner and under similar obligations as with his first employer : Provided, that when through a change of employer, sickness of the apprentice, or other unavoidable cause, the before mentioned space of five years shall be made lip of broken periods, it shall be necessary that the whole space of five years be comprised within a period not exceed- ing six years in duration. No surveyor to have more than two indentured apprentices, nor any apprentice under ic. In- denture to be stamped and recorded. 5 — No. commissioned surveyor shall have more than two indentured apprentices at the same time, nor shall he take any person as his indentured apprentice under the age of sixteen years ; and the indenture of each apprentice shall be impressed with a stamp of thirty pounds, and shall, within six months after execution, be recorded in the office of the llegistrar and Clerk of the Courts and Crown. Transfer of articles to be recorded. ti — Every transfer of articles of apprenticeship that may have been made by virtue of the last preceding clause, shall be recorded in the said office within the period of three months. Any person who may have served such apprentice- ship or who may have practised as surveyor in Great Britain or Ireland for live years, or who may be legally qualified in any of her Majesty's colonies, may apply to be ex- amined and ad- mitted, and on proof of service, or of his having practised, or that he is quali- fied as aforesaid, may be exam- • ined by examin- ers. 7 — Any person who has already served or may hereafter serve an apprenticeship as aforesaid, or who may have prac- tised the profession of surveyor of land in G-reat Britain or Ireland for a period of not less than five years, or who may be legally qualified to act as a surveyor of land in any of her Majesty's colonies, may apply to the Supreme Court of this Island for an order to be examined and admitted ; and it shall be lawful for the Supreme Court, on being furnished with satisfactory proof that such person hath duly served five years under articles of apprenticeship duly executed, and hath otherwise complied with the requirements of this Law, or that he hath practised the profession of surveyor of land in Great Britain or Ireland for aperiod of five years, or that he is legally qualified in some one of her Majesty's colonies, to make an order directing the Inspector of Schools, the Government Surveyor, and a Commissioned Land Surveyor (to be Law 33, 1869. 383 appointed by the Court), to examine such person as to his qualifications for the oflB.ce of Land Suryeyor. 8 — On an attested copy of such order being served on the Examiners said examiners they shall appoint a time and place for the y^^'^and'pLce purpose of proceeding with such examination ; the examination of examination, shall embrace the following subjects ; namely, arithmetic, alge- minatipn, if bra, as far as simple equation, plane geometry, plane trigone- "^"^* satisfac- metry, topographical drawing, the practical use of the prin- ers to certify cipal instruments employed in surveying, and their adjust- qualified^ to ^^ ments, and the theory and practice of land and railway Court or Judge, surveying ; if the result of such examination shall appear thereupon satisfactory to the said examiners they shall certify to the to"te entoed^"^ Supreme Court, or to one of the Judges thereof, in chambers, authorizing if the said Court is not sitting, that such person hath been act as surveyor found qualified, and the said Court or Judge shall thereupon the^necefsarv cause an order to be entered up in the ofl&ce of the Hegistrar commission. and Clerk of the Courts and Crown authorising such person to act as a surveyor of land on his taking out the necessary commission. 9— On presentation to the Governor of an attested copy of 9" P^'esent^- the said order such person shall be entitled to receive a com-, vemor of cer- mission as a land surveyor, which commission shall be im- g'„(f]f o^^'J °^ pressed with a stamp duty of sixty pounds in lieu of all other commission stamps and fees whatsoever, and shall be signed by the Gov- ernor, and shall be published in the "Jamaica Gazette:" Pro- vided, that if the stamp duty of thirty pounds on articles of Stamp duty apprenticeship shall have been already paid, then such com- mission shall bear a stamp of thirty pounds only. 10 — No commissioned surveyor of land shall permit his No surveyor to name to be signed or subscribed to any plat or survey by any to be^igned^M'^ person whomsoever, under a penalty not exceeding twenty subscribed to ^ ' J. f o ./ any plat or sur- pOUnds. veybyany person under penalty. 11 — ^All persons who have heretofore been duly com- Persons here- missioned as surveyors of land in this Island shall henceforth t°fore duly '' o 1 1 T 1 commissioned be deemed qualified surveyors of land, and shall enjoy all the as surveyors to 384 Law 33, 1869. be deemed qualified. Surveyor in- tentionally or through negli- gence, care- lessness, or culpable igno- rance making or delivering an incorrect plan liable to lose his com- mission, or be suspended, o^- under a penalty not exceeding twenty pounds and to repay fees received. Ten days' notice in writ- ing of survey to be given. Particulars of notice. Proviso. privileges appertaining to the of6.ce of a commissioned sur- veyor of land. 12 — Any commissioned surveyor who, whether by himself or his indentured apprentice, shall intentionally, or through negligence, carelessness, or culpable ignorance make an in- correct survey, or deliver an incorrect plan of any land, shall be liable, on the complaint of any person aggrieved thereby, to have his commission as a surveyor of lands cancelled by order of a Judge of the Supreme Court, or to be temporarily suspended from the exercise of his office as a commissioned surveyor during such time as may be fixed by a Judge of the Supreme Court, or to incur a penalty not exceeding twenty jjounds ; and such surveyor shall further be required to repay any fees that he may have received from the complainant in consideration of such survey or plan, if it be so ordered by such Judge. 13 — When any surveyor of land intends to survey or to re- survey land under an order of Court, or by the appointment of any person, such surveyor shall give at least ten days' no-' tice in writing, according to the form or effect of schedule A unto this Law annexed, the original of which notice shall bear a stamp of one shilling, of such his intention to the owners or parties in possession of the adjacent lands, the no- tice to be left at the residence of each of such parties ; and if no one be found in possession then the notice shall be stuck up in any conspicuous place on the premises ; and, in such notice, he shall state what particular land he intends to sur- vey, or what line or lines he intends to open, by what au- thority, and by whom employed ; he shall also state the par- ticular point or corner at which he intends to begin, and the course on which he will proceed, and the day and hour on which he proposes to begin the said survey ; from which point or corner only shall he proceed under a penalty not exceeding twenty pounds : Provided, that nothing herein contained shall prevent the parties interested in the lines about to be run from agreeing to commence at a different point from that Law 33, 1869. 385 stated in the notice, or from agreeing to have the said lines run and established, without notice as aforesaid. 14 — When any such surveyor, after having given notice of Where survey- survey as aforesaid, shall be unable to attend on the day ap- oeed after pointed, he shall give information thereof ; and shall, before ng^^^noMcM ■ proceeding with the survey to be made, issue fresh aotices, necessary, but he shall not be entitled to charge for any such further notice. 15 — If any surveyor, after having commenced any such H after oom- „ . , , mencing he survey as aforesaid, shall be unable to complete the same, it shall be unable shall be his duty, before again proceeding with such survey, surTey^further to give further notice, in writing, of the resumption of such notice in writ- survey, stating when and where, and in what direction he tioli of survey intends to proceed as hereinbefore directed ; but such notice *°*'es'^en. shall not be subject to any stamp duty, and shall be unneces- sary where the' parties agree to the survey being proceeded with without notice. 16 — Any duly C[ualifi.ed surveyor, or his indentured appren- Surreyoror tice, who shall have served for two years may, after due apprentice, service of notice, enter upon any land adjoining to that about ^r°ed*two^*^° to be surveyed and laid out by him, and may make traverses years, may on- for the purpose of gaining information, but shall not run or joinlngland maxk any lines ; and such survey shall not affect the rights ^^^ make tra- '' . . '' ° verses, but of any parties to the ownership of the land ; and any person shall not run who shall obstruct, or cause to be obstructed such survey, °' ^^ "^^" whether by force or by threats, shall forfeit, for each and every day he shall so obstruct, or cause obstruction, a sum Punishmeat not exceeding five pounds; and in default of payment, be suchsurvey."^^ liable to thirty days' imprisonment, with or without hard labor. 17 — Any surveyor of land or other person who shall wil- Peaalty for fully deface, destroy, or remove any line upon earth, or any ^g, destroying' land mark, or marked tree, post, or pillar, shall be liable to °^ 'enaoving • ' any line upon a penalty not exceeding fifty pounds for each offence ; and, in earth. default of payment, to three months' imprisonment, with or without hard labor. 386 Law 33; 1869. Plans or dia- grams to be , annexed to deeds to be signed by sur- Teyor and to contain parti- culars here re- quired tinder penalty. 18 — Prom and. after the passing of this Law every plan or diagram given by a surveyor of land, intended to be attached to any conveyance or other deed of land surveyed by him, or by his indentured apprentice, shall bear the signature of the surveyor who is responsible for the survey ; and it shall also have inscribed on it a memorandum of the following particulars : that is to say, the name of the party at whose in- stance the survey was made, the day on which it was com- menced, the names of the jiarties interested in the survey who were served with notices, the names of those who appeared either personally or by their representatives, the grounds of objections to the survey, if any, the grounds of the surveyor's decision, the courses and horizontal distances of the several lines, the corner trees, if any, and marks ; and any surveyor of land who shall neglect to comply with the provisions of this section shall be liable to a penalty not exceeding ten pounds. Surveyors en- titled to fees in schedule B. 19 — Surveyors of land shall be entitled to demand and re- cover fees according to schedule B, unto this Law annexed: Provided, that nothing herein contained shall prevent parties from making special agreements for work performed or about to be performed. Assistants making wrong measurements or doing any act with intent to falsify a sur- vey penalty. 20 — Any person employed to assist any surveyor in making a survey, who shall wilfully and fraudulently make a wrong measurement, move any mark, or do any other act with in- tent to falsify a survey, shall be liable to a penalty not ex- ceeding twenty pounds, or to imprisonment with hard labor for three months. Penalties how to be recovered. 21 — All penalties hereby imposed shall be recovered by plaint in the District Court of the district in which the offence shall have been committed, one half of the penalties shall be for the benefit of the informer or complainant, and the other half shall be paid to the Crown for the general uses of this Island. Law 33, 1869. B87 22— No person shall be liable to the infliction of any of the Limitation of ^ '' proceedings. penalties or forfeitures imposed by this Law, unless com- plaint respecting the alleged offence shall have been made within twelve calendar months next after the commission of such offence. 23 — All notices, plans, and other documents, prepared by Documents for the Government Surveyor on behalf of the Government, shall exemptTrom be free from stamp duty. ^^^v duty. SCHEDULE A. EORM OE NOTICE REEEREED TO IN THIS LAW. I hereby give you Notice, that I am employed by to survey (here state the land to be surveyed), situated in the Parish of and known by the name of which adjoins lands said to be in your possession, or belonging to you, and that I shall commence to survey the esame on the day of 18 at of the clock of the noon of that day, beginning at and proceeding (here state the course and dis- tance), at which time and place you are requested to at- tend by yourself or agent, as you may think fit, and in the meantime I will make such traverses as I may deem requisite. Dated this day of 18 To (Signature.-) SCHEDULE B. SCALE OE CHARGES. £ S. D. Traversing road, per chain ... ... 002 Traversing gullies, per chain ... 004 Traversing river courses, per chain ... 006 Traversing or running lines, per chain .,. 16 2 7 2 6 388 Law 33, 1869. Laying out a road per mile, inclusive of plan 6 Attending juries per day, for tlie purpose of points ing out proposed road Laying out railways, per mile Making levels for any purpose, per mile Laying out tramroad, per mile Laying out a single lot of foot land, including dia- gram, exclusive of stamp ... ... 16 !For every additional lot, if the whole do not exceed ten lots ... ... 5 For every additional lot beyond ten lots, the whole not exceeding twenty lots ... 040 Per every lot beyond twenty lots ... 030 Laying out lots not exceeding three acres each (not including diagrams), for each lot ... 10 Laying out lots exceeding three acres, and not ex- ceeding five acres ... ... 1 10 Laying out lots exceeding five acres, and not isx- ceeding ten ... ... 2 Laying out lots exceeding ten acres, and not ex-. ceeding twenty ... ... 2100 Laying out lots exceeding twenty acres, and not ex- ceeding thirty ... ... 300 For each diagram of the above, exclusive of stamp 6 Laying out lots exceeding thirty acres each, and not exceeding one hundred acres, for each addi- tional ten acres, in addition to the above charge of three pounds, the sum of ... 12 Por every diagram of the above, exclusive of stamps 16 All surveys of above one hundred acres to be charged for by the lineal chain, as above. Making search in the Secretary's ofB.ce, per day, or portion of a day ... ... 100 Writing out original notice of survey, exclusive of • stamp ... ... 2 6 Writing out each copy of notice, exclusive of cost of service ... ... 10 Law 33, 1869. 38d' !For every plain plan ox any property over one hundred acres (the same having been previously surveyed), according to agreement not exceeding the rate of sixteen shillings for every hundred acres. For embellished plans, drawings, &e.,to be charged as ma;y be agreed on. Copies of old plans to be charged for as may be agreed on. General plans of any number of properties or dis- tricts, as may be agreed on. Attending to survey land by appointment of em- ployer, when such employer does not attend either personally or by an agent at the time and place appointed ... ... 2 2 Attending by appointment of another surveyor to run a line, when surveyor does not attend, or the running of such line shall be interrupted 2 2 Attending on behalf of a proprietor to protect boundaries when a survey is in course of being made of adjoining lands, per diem ... 2 2 SURVEYING FOR PLANTATION PURPOSES. Eor every sub-division on any property, pen, or estateof any description of cultivation, common, ruinate, or woodlands, where such sub-divisions are fenced, or have known and visible bounderies, and when such survey is intended entirely for plantation purposes, and the said sub-divisions do not average more than two and a half acres, for each sub-division ... • ... 4 For every sub-division as above, when such sub-di- visions exceed on an average two and a half acres but do not exceed iive acres each ... 8 For every sub-division as above of not. more than ten acres each ... ... 100 ■r,\!!. 390 Law 33, 1869. !For every sub-division as above of not more than twenty acres each ... ... 1 15 Eor every sub-division of not more than thirty acres ... ... 2 5 !For every additional ten acres beyond thirty acres, the surveyor shall be entitled to receive and charge, in addition to the last preceding charge, for each sub-division ... ... 050 And when the lines of the property are run at the same time that the sub-divisions are made as above, it shall be lawful for the surveyor to charge for running such lines, notwithstanding such lines may form a part of the boundary of such sub-divisions as above, and notwithstand- ing such sub-divisions may be contiguous to each other. The foregoing charges do not include the expense of chain bearers, or of labourers attending the surveyor. JAMAICA— LAW 34 OF 1869. A Law to Amend the Immigration Laws.* 116th July, 1869.] JAMAICA— LAW 35 OF 1869. A Law to Authorize the Issue of aNickle Coinage in this Island, f [22wc? July, 1869.] * Repealed by sec. 2 of Law 23 of 1879. t Repealed by see. 1 of Law 49 of 1869. 391 JAMAICA— LAW 36 OF 1869. A Law further to Amend the Laws Eelating to the Juris- diction of the District Courts.* [22wo! J«^y, 1869.J JAMAICA— LAW 37 OF 1869. A Law as to Quarantine, f I22nd July, 1869.] WHEUEAS it is desirable to consolidate the Laws relating Preamble, to quarantine : Be it enacted by the Governor of Ja- maica, with the advice and consent of the Legislative Coun- cil thereof, as follows: 1 — This Law may, for all purposes, be cited as "The Quar- Short title. antine Law, 1869. 2 — In this Law the term " infected place" means any port interpretation or place where yellow fever, the plague, cholera, or any epi- feoted"pia'oe,"' demic disease of a contagious or infectious character in fact " vessel," « mas- prevails, or any port or place which the Governor, in Privy Council, may declare to be an infected port or place; the word "vessel" means any ship, vessel, or boat; and the word "master" means the master, officer, or other person for the time being in charge or command of such vessel. 3 — The Governor is hereby authorized to appoint not less Appointment than thre6, or more than five persons to be a Board, to be Board^^*"*'"^ called "The Quarantine Board," who shall hold their offices during pleasure, and from time to time to fill up the vacan- cies to such Board ; and such Board, of whom two shall be a * Repealed by sec. 261 of Law 22 of 1874. t L^jy ,33 qI 1872, by its fourth Section, incorporated with this Law, 392 Law 37, 1869. quorum, shall have full power and authority to superintend and enforce the carrying out of the Laws, rules, and regula- tions for the time being in force relating to quarantine. Appcintment of 4— The Governor is hereby authorized from time to time officers. ^^ appoint such oiiicers as may be necessary to carry out the said Laws, rules, and regulations under the direction of the said Board, who shall hold their offices during pleasure. Power to Gov- 5 — The Governor, in Privy Council, may from time to time r'liea. make such rules and regulations as to him shall seem fit for the more effectual carrying out the provisions of this Law, and to secure the due performance of quarantine, and for the government of all vessels and persons coming from any infected place, and may alter or amend any such rules and regulations ; such rules and regulations, and altered or, amend- ed rules and regulations, shall be duly published in the " Jamaica Gazette," and, after such publication, shall have the same force and effect as if the same had been herein particularly specified. Governor may 6 — Whenever it shall appear to the Governor, in Privy declare infected Council, that any disease of a contagious or infectious char- plaoes, ' .; a acter prevails at any port or place, or that it is probable that any such disease may be brought into the Island from any port or place, it shall be lawful for him to declare, by like public notification, that such port or place is an infected port or place. Vessels a,nd per- 7 — All vesscls arriving at this Island, together with all persons, goods, and merchandize whatsoever thereon, coming from any infected place, or having on board any person who has come from such infected place, or who is ill of any conta- gious or infectious disease, or on board of which vessel any person shall have died from any such disease during the pas- sage to this Island, shall be liable to perform quarantine in such place for such time and in such manner as hereinafter provided. sons liable to quarantine. Law 37, 1869. 398 8 — Every vessel arriving at any of the ports of this Island ^^fte^^^^yfait- from any infected place shall, immediately on arrival, and ing Officer, before having any communication with the shore, he visited by the Visiting Officer of the port to which such vessel shall come, who is hereby authorized and required, at a convenient distance from such vessel, to piit the following questions, or such of them as may be necessary, and any other questions which he may consider desirable : 1. What is the name of the vessel, and of the master ? 2. To what port or place does she belong ? 3. From whence do you come ? 4. To what port or place are you bound ? 5. At what ports or places have you touched in the course of the voyage ? 6. What vessels have you had any intercourse or com- munication with during your voyage, and from whence did they comel 7. Have you any, and what bill of health ; produce it? 8. Did you carry any bill of health with you to the port or place where you took in the cargo or passengers you now have on board; from what place; were the said bills. of health clean, unclean, or suspected? 9. Did any contagious or infectious disease prevail in any degree at the port or place from which you sailed, or at any of the ports or places at which you touched ; if yes, say what disease prevailed, and at which port or place? 10. What number of officers, crew, passengers, or other persons have you on board ? 11. Were any of these taken on board at any port or 394 Law 37, 1869. " place during the voyage to this Island ; if yes, who were so taken on hoard, and at what port or place, and on what day or days ? 12. Are any persons on hoard your ship suffering un- der any contagious or infectious disease ; or have any persons died or been ill of any disease of that nature in your passage to this Island; and if any, what number? 13. If any have died or been ill of any such disease, have their bedding and clothes been destroyed ? 14. In the course of your voyage have any persons on board suffered from sickness of any kind ; what was the nature of the sickness, and when did it prevail ; how many persons were affected by it ? 15. How had the persons attacked been employed before they came on board ; had they been employed in loading or unloading the vessel ? 16. Did the persons who were ill fall sick nearly about the same time, or within a few days of each other ; or did the disorder spread successively from oneto another, and increase considerably ? 17. What is the number of persons now ill on board vour vessel ; are the convalescents able to be on deck ; if so parade them on the gangway ? 18. Have there been any deaths on board during the voyage; if yes, what were the causes of the deaths, and when did such deaths take place ? 19. Have you any person on board who has left (name of infected port or place) within fourteen days ? 20. Where did you take in the cargo now on board, and when ; if at more than one place, state the places ? 21. Was any cargo, or were any letters, parcels, or articles of ?iny kind put onboard at (name of infected port Law 37, 1869. 395 or place) ; if yes, state what was put on board, and when and whether any special precaution was taken with re- spect to such thing? 9— The said Visiting Officer may, if he thinks it necessary, Visiting Officer may go on go on board any such vessel and examine the master, officers, board, crew, and passengers thereof respectively, as to their state of health then and during the voyage, and demand to see the journal or log and ship's papers of such vessel, and put any of the questions set forth in the preceding section, or any other questions which he shall think desirable". 10 — Any master or other person who shall conceal from Penalty for con- any Visiting Officer the true state of the health of the crew or true aMwer.""' other persons on board such vessel, or shall give an untrue answer to any inquiry made by such Visiting Officer, under the authority of this Law, shall be liable to a penalty not less than five pounds, and not exceeding one hundred pounds. 11 — No master or other person belonging to or on board Penalty for of such vessel, and no pilot or pilot's assistant who shall have befor™visito/ proceeded on board such vessel, shall quit the same for the Visiting Officer, purpose of landing or communicating with the shore before such vessel shall have been visited by the Visiting Officer, un- less permission to do so be granted in writing by the Visiting Officer. 12 — No person, the pilot or his assistant excepted, shall Proceeding on proceed on board such vessel before she shall have been visited permission, by the Visiting Officer, unless permission to do so be granted . to him in writing by the Visiting Officer. 13 — Any person oflPending against the provisions of either of Penalty, the two last preceding sections shall be liable to a penalty not less than five pounds, and not exceeding fifty pounds. 14 — If any vessel shall have arrived from, or touched at Vessels from in- any infected place, or have on board any person who has may be^orfered come from such place, or on board which any person may *<> quarantine 396 Law 37, 1869. ground, until released. Duration of quarantine. have died during the passage to this Island, or may he ill of any contagious or infectious disease, or if the Visiting Officer shall have good grounds to suspect that such vessel, or some person on board thereof, has arrived from or touched at any such place, the said Visiting Officer is required to cause the said vessel to hoist a quarantine flag, and to anchor at the quarantine ground until released by the said Visiting Officer. 15 — Subject to any special rules and regulations of the Governor, in Privy Council, the following rules, as to the duration of quarantine, shall be observed : 1. All vessels, on board of which any person shall he sick, or shall have been sick of any contagious or infectious disease, or shall have died of such disease within four- teen days before her arrival at this Island, shall remain in quarantine until the 'expiration of fourteen days from the day when such sickness shall cease, or shall have ceased, or from the day when such death occurred. Selection of quarantine grounds. % 2. All vessels that shall have sailed from, or touched at any infected place, or shall have any person on board who shall have come from any such place, shall remain in quarantine for such time, not being less than two days, nor exceeding fourteen, as shall be directed by the Quar- antine Board on a due investigation of all the cir- cumstances of the case. 3. If, during the continuance of a vessel in quarantine any person on board such vessel falls sick of any con- tagious or infectious disease, such vessel shall be liable to remain in quarantine for a further period of fourteen days from the day when such sickness shall cease. 16— The Quarantine Board shall, with the approval of the Governor, appoint suitable places for quarantine grounds, and shall have power, with, the like approval, from time to time to change such places. Law 37, 1869. 397 17^ — Any master of a vessel liable to the performance of Removal of . . ^ vessel to qua- quarantme, wno snail not, after notice, cause such vessel to rantine grounds, proceed to the quarantine ground, shall be liable to a penalty not less than ten pounds, and not exceeding fifty pounds ; and it shall be lawful for the Visiting Officer, or- any person called to his assistance, to enforce the removal of any such vessel to the quarantine ground, and to use all necessary means for that purpose. 18 — The master of every vessel subject to quarantine shall, A flag to be during the day, hoist and keep flying a yellow flag, which quarantinr.""^ shall be provided by the Quarantine Board, and shall, during the night, hoist and keep alight a signal lantern, which when necessary shall also be provided for by the Quarantine Board ; and every master offending herein shall be liable to a penalty not less than five pounds, and not exceeding fifty pounds. 19. — Until any vessel as aforesaid shall have performed and nq person to been duly discharged from quarantine no person on board of or ^^^^> ^^'^ n° belonging to such vessel, nor any part of the cargo, stores, or taken from lading of the same, nor any article or thing belonging to the ^°y®"°^ vesse. passengers, master, officers, or crew thereof shall be permitted to leave, or be removed, or taken from such vessel either to go or be put on shore, or on board of any other vessel in any port of this Island, unless by the direction of the Governor, in Privy Council, or of the Quarantine Board, or of some per- sons, duly authorized by them ; and every such vessel, and all persons, goods, and merchandize thereon, and all vessels and persons having communication with the same, shall be subject to such rules and regulations as may be made by the Governor, in Privy Council. 20 — Until any vessel as aforesaid shall have performed and No person or been duly discharged from quarantine, no person, except the ?^r\*° ^° °^ Visiting Officer, or such' other person as may be authorized by board without the Quarantine Board, shall go on board such vessel ; and no p®'™*^**"^- article or thing shall be taken or received on board such vessel except by the direction of the Quarantine Board, or of the said Visiting Officer. 398 Penalty. Penalty on master for in- fringement of Law. Unlicensed person may be compelled to return on board. Unlicensed person may be compelled -o re- main on board. Governor in Privy Council empowered to provide lazaret- toes. % Governor to frame rules for lazarettoes. Law 37, 1869. 21 — Any person offending against the provisions of sections nineteen and twenty, or either of them, shall be liable to a penalty not less than five pounds, and not exceeding fifty pounds. 22 — If, during the time that any vessel is in quarantine the master thereof shall, vrithout the permission of the Quaran- tine Board, or of theYisiting OflB.cer, quit, or knowingly suffer any passenger, seaman, or other person on board to quit such vessel, or any goods, articles, or things whatsoever to be taken from such vessel, he shall be liable to a penalty not less than ten pounds, and not exceeding one hundred pounds. 23 — Any person who, during the continuance of quaran- tine, leaves the vessel without proper permission on that be- half, may, in addition to the penalty hereinbefore mentioned, be apprehended by any Constable or other person, and com- pelled to return to the said vessel, or be taken before a Justice, who may order that such person be returned to the said vessel, or be confined in some lazaretto, or other suitable place of confinement for such period not less than two days, nor exceeding fourteen, as he may think fit. 24) — Any person who goes on board a vessel in the performance of quarantine without permission as aforesaid, may be compelled to remain on board the said vessel, and be subject to the rules and regulations thereof during the con- tinuance of the quarantine, or until such time as to the Quarantine Board shall seem fit. 25 — The Governor, in Privy Council, is hereby authorized, whenever it shall be thought necessary, to provide, at the public expense, one or more vessel or vessels, or buildings, and to cause the same to be fitted up as lazarettoes for such use and purposes as the Quarantine Board shall, with the approval of the Governor, from time to time order and direct. 26 — The Governor, in Privy Council, is authorized from time to time to frame such rules and regulations as may be Law 37, 1869. ^99 deemed expedient for the Government and direction of the lazaretto or lazarettoes, and of such persons as may belong thereto, or be placed therein, and to alter or amend such rules. 27 — Any person, except the Visiting OflScer, who enters or Penalties for leaves any lazaretto without permission from the Quarantine jng lazarettoes Board, or from the said Visiting Ofllcer, may be dealt with in without per- ,"_'.'' . mission. the manner hereinbefore provided in the case of a person with- out permission going on board or leaving the vessel in the per- formance of quarantine, and shall be liable to the like penalties. 28 —Any officer or person appointed to enforce the per- Miseonduct of formance of quarantine, who shall desert from duty, or shall q"ar™tine infringe, or knowingly suffer or permit any person to infringe the provisions of this Law, and of any rules and regulations in force concerning quarantine, shall be liable to a penalty not less than five pounds, and not ■ exceeding fifty pounds, and shall be subject to immediate dismissal. 29 — Any person who shall knowingly conceal or clandes- concealment or tinely convey any letters, goods, wares, or merchandize from conveyance of any vessel liable to, or in the performance of quarantine, or vessel or place in from any vessel, house, or other place where any person or iiarant^iie. goods shall be subjected to quarantine, shall be liable to a penalty of not less than ten pounds, and not exceeding fifty pounds. 30 — As soon as any quarantine shall have been fully per- Release from formed by any vessel or person, the Visiting Officer or other person appointed by the Governor in that behalf, shall grant a certificate to that effect ; whereupon every such vessel or person and all cargo and goods on board such vessel shall be liberated from all detention on the ground of quarantine. 31 — It shall be lawful for the Governor, in Privy Council, Power to add to enforce any rule or regulation to be made in pursuance of rules, this Law, by a fine or penalty not exceeding, in any one case, the sum often pounds. 400 Law 37, 1869. Recovery of penalties. Appropriation of penalties. Protection of persons acting under this Law. ^Expenses of Law provided for. 32 — All penalties incurred under this Law, or the rules and regulations to he made in pursuance thereof, may he recovered hefore any two Justices, who, in default of payment, are herehy authorized to commit the offender to the nearest goal for any period not exceeding six months : Provided always, that upon payment hy the offender of the penalties and costs, after commitment, his imprisonment shall cease. 33^A11 penalties which shall he recovered and paid under this La^!^, and the rules and regulations aforesaid, shall he paid to her Majesty, her heirs and successors, for the puhlic use of the Island. 34 — Por the protection of persons acting in the execution of this Law all actions and prosecutions against any person for any thing done in pursuance of this Law, shall be commenced within six calendar months after the act committed and not otherwise ; and notice, in writing, of such action, and the cause thereof, shall he given to the defendant one calendar month at least hefore the commencement of the action, and in any such action the defendant may plead' the general issue, and give this Law, and the special matter in evidence at any trial to he had thereupon ; and no plaintiff shall recover in any such action, if sufficient amends shall have been tendered or paid into Court by or on behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiff shall he- come nonsuit, or discontinue any such action after issue joined: or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and shall have the like remedy for the same as any defendant hath by Law in other cases ; and although a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge, before whom- the trial shall be shall certify his approbation of the action, and the verdict obtained thereon. 35 — It shall be lawful for the Governor to authorize, by warrant upon the Treasurer, payment of any expenses in- cidental to the execution of this Law. Law 37, 1869. 401 36 — Nothing in this Law contained shall extend, or be con- ^g°rd to^vessei's strued to extend, to prevent the delivery by the officers in in charge of charge of her Majesty's mails, of any mails that may from time to time be on board of any steam vessel under such rules and regulations for the prevention of the introduction of any of the beforementioned diseases as may from time to time be made by the Governor, in Privy Council, who is hereby em- powered to make such rules and regulations in regard to the landing and receipt of the said mails, and in regard to the coaling of the said steamers in any port within this Govern- ment. 37 — It shall be lawful for the Governor, in Privy Council, Suspension or from time to time to suspend the operation of this Law, or any part thereof, and for such period of time as may be thought, expedient, and again to revive the same, or any part thereof. 38 — The Acts fourth Victoria, chapter thirty -two, and eighth Repeal of Acta. Victoria, chapter nine, shall be, and the same are hereby re- pealed, but notwithstanding such repeal all penalties under the said Acts, or either of them, incurred during the sub- sistence of the said Acts may be recovered and enforced as if this present Law had not been passed. 39 — All rules and regulations existing and in force in re- Existing rules lation to quarantine at the time of the passing of this Law, othermles so far as such rules and regulations are not inconsistent with ^^^^' the provisions of this Law, shall be and remain in force until ' other rules and regulations shall be made under this Law. [End op the Pifth Volume.] W i. I