Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698075263089.pdf (Guyana)
[Cap.

150.

 1689 CHAPTER 150.

LOCAL GOVERNMENT.

List of Subsidiary Legislation.

1.

Orders in Council: Division of Districts and Appointment of 14.

 Councillors.

Golden Grove and Nabaclis Village District.

Beterverwagting and Triumph Village District.

Buxton and Friendship Village District.

Kitty and Alexanderville Village District.

Mahaica, Helena and Supply Village District.

Sheet Anchor Village District (Elections).

The Districts By-laws, 1939.

3.

The Districts By-laws, 1911.


4.

The Districts Market By-laws, 1929.

DIVISION OF DISTRICTS AND APPOINTMENT OF COUNCILLORS.

ORDERS IN COUNCIL made under section 2 (12) of the Local Government (Village Councillors) Ordinance, 1935*, and section 30 of the Local Govern- ment Ordinance (Cap.

150).

GOLDEN GROVE AND NABACLIS VILLAGE DISTRICT.
WHEREAS by section 2 (12) of the Local Government (Village Councils) Ordinance, 1935, it is enacted that the Governor in Council may by order divide a Village into divisions for the elec- tion of Councillors and may appoint the number of councillors to be elected by each division: And whereas it appears expedient to the Governor in Council to divide the Golden Grove and Nabaclis Village District, East Coast, Demerara, and to appoint councillors for the divisions: * The Local Government (Village Councillors) Ordinance, 1935, is repealed by the present Local Government Ordinance but section 222 (2) of the latter enacts: " This repeal shall not affect the validity— * (b) of any order made by the Governor in Council under the provisions of sub- section (12) of section 2 of the Local Government (Village Councils) Ordinance, 1935, now repealed, but such order, if in force at the time of the commencement of this Ordinance shall continue in force and shall have effect as if it were made under section 30 o* this Ordinance, and may be amended.
varied, revoked or enforced accordingly."

0. in C. 8th Aug. 1935.

1690 Cap.

150.]

 Local Government.

0. in C. 8th Aug., 1935.

0. in C. 8th Aug., 1935.


Now, therefore, the Governor, in exercise of the powers of the above recited Ordinance in him vested by and with the advice of the Executive Council, doth order that the Golden Grove and Nabaclis Village District, East Coast, Demerara, shall be divided into two divisions, namely, the Golden Grove division and the Nabaclis division and doth appoint three councillors to be elected by each division.

BETERVERWAGTING AND TRIUMPH VILLAGE DISTRICT.
WHEREAS by section 2 (12) of the Local Government (Village Councils) Ordinance, 1935, it is enacted that the Governor in Council may by order divide a Village into divisions for the election of councillors and may appoint the number of councillors to be elected by each divisionz And whereas it appears expedient to the Governor in Council to divide the Beterverwagting and Triumph Village District, East Coast, Demerara, and to appoint councillors for the divisions: Now, therefore, the Governor, in exercise of the powers of the above recited Ordinance in him vested by and with the advice of the Executive Council, doth order that the Beterverwagting and Triumph Village District, East Coast, Demerara, shall be divided into two divisions, namely, the Beterverwagting division and the Triumph division and doth appoint three councillors to be elected by each division.
BUXTON AND FRIENDSHIP VILLAGE DISTRICT.
WHEREAS by section 2 (12) of the Local Government (Village Councils) Ordinance, 1935, it is enacted that the Governor in Council may by order divide a Village into divisions for the election of councillors and may appoint the number of councillors to be elected by each division: And whereas it appears expedient to the Governor in Council to divide the Buxton and Friendship Village District, East Coast, Demerara, and to appoint councillors for the Divisions: Now, therefore, the Governor, in exercise of the powers of the above recited Ordinance in him vested by and with the advice of the Executive Council, doth order that the Buxton and Friend- ship Village District, East Coast, Demerara, shall be divided into two divisions, namely, the Buxton division and the Friend- ship division and doth appoint three councillors to be elected by each division.
Local Government.

 [Cap.

150.

 1691 0. in C. 6 of 1946.

KITTY AND ALEXANDERVILLE VILLAGE DISTRICT.
WHEREAS by section 30 of the Local Government Ordinance it is enacted that the Governor in Council may by order divide a village into divisions for the election of councilors and may appoint the number of councillors to be elected by each division: AND WHEREAS it appears expedient to the Governor in Council to divide the Kitty and Alexanderville Village District, East Coast, Demerara, and to appoint council] ors for the division: Now, therefore, the Governor, in exercise of the powers by the above recited Ordinance in him vested, by and with the advice of the Executive Council, hereby orders that the Kitty and Alexanderville Village District, East Coast, Demerara, shall be divided into three divisions, namely, the North Division, the Central Division, and the South Division, the boundaries of which are shown in the annexed schedule, and hereby appoints twb councillors to be elected by each division.
SCHEDULE.

North Division Central Division South Division Bounded on the north by the Atlantic Ocean, on the south by northern verge of David Street, on the east by Sheriff Road, on the west by eastern verge of Vlissengen Road.

On the north by the southern verge of David Street, on the south by the northern verge of Shell Road, on the east by the railway line, on the west by the eastern verge of Vlissengen Road.
On the north by the southern verge of Shell Road, on the south by the railway line, on the east by the railway line, on the west by the eastern verge of Vlissengen Road.

MAHAICA, HELENA AND SUPPLY VILLAGE DISTRICT.

UNDER SECTION 30 OF THE LOCAL GOVERNMENT ORDINANCE IT 0. in C. IS HEREBY ORDERED BY THE GOVERNOR IN COUNCIL AS 16 FOLLOWS: 194 7 32tohf June, 1947.

1.

This order may be cited as the Mahaica, Helena and Supply Village District (Elections) Order.

1692 Cap.

150.]
1692 Cap.

150.]

 f • "Al Local Government.

• 2.

For the purpose of the election of councillors, the Mahaica, Helena and Supply Village District on the East Coast of the County of Demerara is hereby divided into three divisions, namely, the Mahaica Division, the Helena Division and the Supply Division, the boundaries of which are described in the schedule hereto.

3.
3.

The number of councillors appointed to be elected by each division shall be as follows— (a) by the Mahaica Division, two councillors; (b) by the Helena Division, three councillors; and (c) by the Supply Division, one councilor.

SCHEDULE.

1.

(BOUNDARIES OF THE MAHAICA DIVISION.)
Commencing at a point on the left bank of the Mahaica river where the prolongation eastward of the northern edge of the Tranquility Hall side line trench meets it, and extending thence westward along the said prolongation and along the northern edge of the Tranquility Hall side line trench to the western edge of the trench on the western side of the North to South Public Road, thence southward along the western edge of the said trench to the southern edge of the West to East Public Road, thence eastward along the southern edge of the said Public Road to the western edge of the dam on the western side of Lots F to X, Plantation Cambridge, thence southward along the western edge of the said dam to the common boundary between Planta- tions Cambridge and Good Intent, thence eastward along the said common boundary to the trench on the western side of Lots Nos.
1 to 7 Good Intent, thence southward along the said trench to the common boundary between Plantations Good Intent and Voorzigtiheid, thence westward along the said common boundary to the eastern side of the street west of Lots 198 to 209 Voorzigtiheid, thence southward along the eastern side of the said street to the common boundary between Plantations Voorzigtiheid and Hand-en- Veldt, thence eastward along the said common boundary to the left bank of the Mahaica river, thence northward along the left bank of the Mahaica river to the point of commencement.
2.

(BOUNDARIES OF THE HELENA DIVISION.)
Commencing at the eastern extremity of the common boundary between Plantations Voorzigtheid and Hand-en-Veldt on the left bank of the Mahaica river and extending thence westward along the said common boundary to the Shank's Canal, thence along the Shank's Canal to the common boundary between Plantations Vereeniging and Mary's Hope, thence eastward along the said common boundary to its point of intersection with the prolongation southward of the western boundary of Lot No.
146, Vereeniging, thence north- ward along the said prolongation and the western boundaries of Lots Nos.

146 and 155 Vereeniging and prolonged northward to the northern boundary of Local GovermniekH., [Cap.

150.

 1693 Vereeniging, thence eastward along the northern boundary of Vereeniging to the left bank of the Mahaica river, thence northward along the left bank of the Mahaica river to the point of commencement.

3.

(BOUNDARIES OF THE SUPPLY DIVISION.)


Commencing at the eastern extremity of the northern boundary of Planta- tion Vereeniging on the left bank of the Mahaica river and extending westward along the northern boundary of Vereeniging to its point of intersection with the prolongation northward of the western boundary of Lot.

No.

155 Vereenig- ing, thence southward along the said prolongation and the western boundaries of Lots Nos.
155 and 146 Vereeniging and prolonged southward to the common boundary between Plantations Vereeniging and Mary's Hope, thence eastward along the said common boundary to the left bank of the Mahaica river, thence northward along the left bank of the Mahaica river to the point of commence- ment.

SHEET ANCHOR VILLAGE DISTRICT.

*DER SECTION 30 OF THE LocAL GOVERNMENT ORDINANCE ,kt IT IS HEREBY ORDERED BY THE GOVERNOR IN COUNCIL AS FOLLOWS- 0. in C. 27 of 1951.

30th Aug., 1951 1.
30th Aug., 1951 1.

This order may be cited as the Sheet Anchor Village District (Elections) Order.

2.

For the purpose of the election of councilors, the Sheet Anchor Village District on the East Coast of the County of Berbice, is hereby divided into three divisions, namely: the Sheet Anchor Division; the Lot No.

2 Division; and the Palmyra Division; the boundaries of which are described in the schedule hereto.

3.
3.

The number of councillors appointed to be elected by each division shall be as follows: (a) by the Sheet Anchor Division, two councillors; (b) by the Lot No.

2 Division, two councillors: (c) by the Palmyra Division, two councillors.

SCHEDULE.

1.

(BOUNDARIES OF THE SHEET ANCHOR DIVISION.)

On the North by the Ordnance Fort Lands.

On the South by the Canje River.

On the East by the side line dam between the Sheet Anchor District and the Cumberland and Lot No.

2 Districts.
2 Districts.

On the West by the Canje River and Ordnance Fort Lands.

 1694 Cap.

150.]

 Local Government.

2.

(BOUNDARIES OF THE LOT No.

2 DivisioN.)

On the North by the Grand Canal.

On the South by the sideline dam between the Lot No.

2 District and the Cumberland District.

On the East by the side line dam between the Lot No.

2 District and the Palmyra District.

On the West by the side line dam between the Lot No.

2 District and the Sheet Anchor District.

3.


(BOUNDARIES OF THE PALMYRA DIVISION.)

On the North by the Grand Canal.

On the South by the side line dam between the Palmyra District and the Cumberland District.

On the East by the Public Road and side line dam between the Palmyra District and Plantation Prospect.

On the West by the side line dam between the Palmyra District and the Lot No.

2 District.
2 District.

All as shown on a plan of the Sheet Anchor Village District by J. L. Yhap and D. M. Edghill, Sworn Land Surveyors, dated the 1st September, 1947, and recorded in the Department of Lands and Mines as Plan No.

5531.

4 DISTRICTS BY-LAWS, 1939.

ARRANGEMENT OF BY-LAWS.

BY-LAW.

1.

2.

Short title.

Interpretation.

PART I.

PART IL—UNDER SECTION 21.

Powers and duties of Local Authorities and their Officers.

3.

Meeting of a Local Authority.

4.

5.

Chairman of Local Authority or of meeting.


Convening meetings.

Rules of Order and Debate at meetings of Local Authorities.

6.

Order of business.

7.

Notices of motion.

8.

Motions which may be moved without notice.

9.

Questions.

Suspension of sitting.

10.

Minutes.

11.

Rules of debate.

12.

Disorderly conduct.

13.

14.

Right of reply.

15.

Alteration of motion.

16.

17.

Voting.

18.

Voting on appointments.

19.

Admission of public to meetings.

Rescission of preceding resolution.


_ Local Government.

 [Cap.

150.

 1695 BY-LAW.

General.-Appointment of Committees, etc.

Inspection of books and documents.

Inspection of lands, premises, etc.

20.

21.

22.

Appointment of committees.

23.

24.

Quorum.

25.

Voting in committee.

26.

Suspension of by-laws.

Proceedings in committee to be confidential.

PART III.-UNDER SECTION 21.

Powers and duties of Country Authorities and their Officers.

Special meetings.

27.


Ordinary meetings of Country Authorities.

28.

29.

Meeting to be open.

30.

Leave of absence.

31.

Absence of member.

32.

Notice of meeting.

Rules of Order and Debate at meetings of Country Authorities.

33.

Minutes of proceedings.

,214.

 Confirmation of minutes.

35.

Mode of transacting business.

36.

Mode of address.

37.

Question of order.

38.

Case of two members rising.

39.

Case of motion lost.

40.

Recording of dissent.

41.

42.

Suspension of rules.


Judge of order.

The Quorum of Committees of a Country Authority.

43.

Committees of Authority.

PART IV.-UNDER SECTION 21.

The Management and Administration of Districts Prohibition of payment of member.

44.

Conduct of correspondence.

45.

Direction of officers.

46.

Leave of absence.

47.

48.

Giving of receipts.

49.

Mode of ordering supplies, stationery, etc.

50.

Books to be kept.

51.

Numbering of lots.

52.

Contract and work by member.


PART V.-UNDER SECTION 93.

Cutting wood on Common Lands.

53.

Permission to cut and remove wood.

 1696 Cap.

150.]

Local digeement.

BY-LAW.

UNDER SECTION 95.

Fishing or Mooring of Bateaux.

54.

(1) Fishing in fresh water trenches.

(4) Prevention of traffic in trenches.

55.

Regulation of issue and prevention of waste water.

UNDER SECTION 141.

UNDER SECTION 144 Regulation of Trades 56.

Regulating trades.
Regulating trades.

UNDER SECTION 146 Regulation of Slaughter Houses.

57.

Regulating slaughter houses.

PART VI.—UNDER SECTION 21.

58.

Application.

59.

Penalties for breach of by-laws.

UNDER SECTION 219.

By-laws 4th 1939. ct, Short title.

Interpreta- tion.

THE DISTRICTS BY-LAWS, 1939, made by the Local Government Board under the (repealed) Local Government Ordinance (Chapter 84 of the 1929 Edition)*, and confirmed by the Governor and Legislative Council on the 4th October, 1939.

PART I.
PART I.

1.

These by-laws may be cited for all purposes as the Districts By-laws, 1939.

2.

In these by-laws— " the board " means the Local Government Board; " the district commissioner " means the district commis- sioner of the area in which the Local Authority is situate and includes the assistant district commissioner; * Section 222 (2) of the present Local Government Ordinance (Cap.
150) provides that the repeal "shall not affect the validity (c) of ** ** ** **, the Districts By-laws, 1939, ** ** **, in so far as the by-laws, could have been made under corresponding provisions of this Ordinance, and the by-laws to that extent shall continue in force not- withstanding such repeal and shall have effect as if they were by-laws made under the authority of this Ordinance and may be amended, varied, revoked or enforced accordingly."
The references to sections are to sections of the present Ordinance.

 Locaf'went.

 [Cap.

150.
1697 " the local authority " means a Village Council, Country Authority or Rural Sanitary Authority; " overseer " means the overseer of a Village, Country or any Rural Sanitary District or any part of a Rural Sanitary District; " officer " includes any person employed temporarily or otherwise by a Local Authority or by the Board to perform any duty; " lot " includes any portion of a lot; " member " means any councillor or member of a Local Authority; " district " means any Village, Country or Rural Sanitary District.
PART II.—UNDER SECTION 21.

Powers and duties of Local Authorities and their Officers.

3.

An ordinary meeting of a village council shall be held once at least in each month for the despatch of business.

The time and place of meeting shall be fixed by the Local Authority.

4.

(1) The Chairman of a Local Authority may call a special meeting of the Local Authority at any time except on Sundays or Public Holidays.
(2) If the chairman refuses to call a special meeting of the Local Authority after a requisition for that purpose, signed by three members of the Local Authority, has been presented to him, or if, without so refusing, the chairman does not call a meeting within seven days after such requisition has been pre- sented to him, any three members of the Local Authority on that refusal or on the expiration of seven days, as the case may be, may forthwith call a meeting of the.Local Authority.
(3) Three clear days at least before an ordinary meeting of the Local Authority— (a) notice of the time and place of the intended meeting shall be published at the office of the Local Authority, and where the meeting is called by members of the Local Authority the notice shall be signed by those members and shall specify the business to be transacted thereat; and (b) a summons to attend the meeting, specifying the busi- ness proposed to be transacted thereat, and signed by the clerk of the Local Authority, shall be left at or sent by post to Meeting of a Local Authority.
Convening meetings.

1698 C4 *O.]

 Local Government.

the usual place of residence of every member of the Local Authority: Provided that want of service of the summons on any member of the Local Authority shall not affect the validity of a meeting.

Chairman of Local Authority or of meeting.

5.

Any power or duty assigned to the chairman in relation to the conduct of a meeting may be exercised by the person presiding at the meeting.

Order of business.
Order of business.

Rules of Order and Debate at meetings of Local Authorities.

6.
(1) Except where the Local Authority on the groung0f urgency vary the order of business in accordance with clause '(2) of this by-law, the order of business at every meeting of the Local Authority shall be— (a) to choose a member to preside if the chairman be absent; (b) to read and approve as a correct record the minutes of the last meeting of the Local Authority as recorded in the book kept for that purpose: Provided that, if the minutes have been circulated to each member of the Local Authority not later than the date of issue of the summons to attend the meeting, they may be taken as read; (c) to receive and consider all correspondence addressed to the Chairman in relation to the business of the Local Authority; (d) to answer questions asked pursuant to by-law 9; (e) to dispose of business (if any) remaining from the last (f) to receive and consider reports of committees; (g) to receive and consider reports from officers of the Local meeting; Authority; (h) to consider notices of motions in the order in which they have been received; and (i) other business, if any.
(2) A motion to vary the order of business on the ground of urgency— (a) may, at any time when an item of business on the agenda has been disposed of, be proposed either by the chairman or any member; (b) if proposed by the chairman, may be put to the vote without being seconded, notwithstanding by-law 10; and (c) shall be put to the vote without discussion.

• Local Government.

 [Cap.

150.

 1699 Notices of motion.

7.


(1) Except as provided by by-law 8, every notice of motion shall be in writing, signed by the member or members giving the notice, and delivered at least four clear days before the next meeting of the Local Authority at the office of the clerk of the Local Authority by whom it shall be dated, numbered in the order in which it is received and entered in a book which shall be open to the inspection of every member of the Local Authority.
(2) The clerk of the Local Authority shall insert in the summons for every meeting of the Local Authority all notices of notion duly given in the order in which they have been received, unless the member giving such a notice has, when giving it, intimated in writing that he proposes to move it at some later meeting or has withdrawn it in writing.
(3) If a motion, notice of which is thus specified in the summons be not moved, it shall, unless postponed by consent of the Local Authority, be treated as abandoned, and shall not be moved without fresh notice.
(4) Motions for which notice has been duly given, the subject matter of which comes within the province of any committee, shall upon being moved and seconded stand referred without discussion to such committee, or to such other committee as the Local Authority may determine, for consideration and report: Provided that the chairman may, if he considers it convenient and conducive to the despatch of business, allow such motion to be dealt with at the meeting at which it is brought forward.
(5) Every notice of motion shall be relevant to some question over which the Local Authority has power, or which affects the village or country district.

8.

The following motions may be moved without notice— Motions which may (a) appointment of a chairman of the meeting at which the be moved without notice.
motion is made; (b) motions relating to the accuracy of the minutes, closure, adjournment, order of business, or next business; (c) reference to a committee; • (d) appointment of committee or member thereof, so far as arising from an item mentioned in the summons to the meeting; (e) adoption of reports and recommendations of com- mittees or officers; f ) that leave be given to withdraw a motion; B.G.—VoL.

IX-2 1700 Cap.

150.]

Local Government.


(g) amendments to motions; (h) that an item of business specified in the summons has precedence; (i) suspending by-laws; (j) excluding the press; (k) excluding the public; and (1) that a member named under by-law 12 be not further heard or do leave the meeting.

Questions.

9.
Questions.

9.

(1) A member of the Local Authority may— (a) if two clear days' notice in writing has been given to the clerk of the Local Authority, ask the chairman any question relating to the business of the Local Authority; and (b) with the permission of the chairman put to him ques- tions relating to urgent business, of which such notice has not been given; but a copy of any such question shall, if possible, be sent to the clerk of the Local Authority before the meeting.
(2) Every question shall be put and answered without discussion.

(3) Where the reply to any question cannot conveniently be given orally, it shall be deemed a sufficient reply if the answer is circulated to members of the Local Authority.

10.

As soon as the minutes have been read, or if they are under by-law 6 taken as read, the chairman shall put the question that the minutes of the meeting of the Local Authority held on the be signed as a true record.
day of No motion or discussion shall take place upon the minutes except upon their accuracy, and any question of their accuracy shall be raised by a motion.

If no such question is raised, or if it is raised, then as soon as it has been disposed of, the chairman shall sign the minutes.

11.
11.

(1) A motion of amendment shall not be discussed unless it has been proposed and seconded, and unless notice has already been given in accordance with by-law 7, it shall, if required by the chairman, be reduced to writing, and handed to the chairman before it is further discussed or put to the meeting.

(2) A member when seconding a motion or amendment may, if he then discloses his intention to do so, reserve his speech until a later period of the debate.

Minutes.

Rules of debate.


 Local Government.

 [Cap.

150.

 1701 (3) A member shall stand when speaking and shall address the chairman.

If two or more members rise the chairman shall call on one to speak.

(4) A member shall direct his speech to the question under discussion or to an explanation or to a question of order.
(5) An amendment shall be either— (a) to leave out words; (b) to leave out words and insert or add words; and (c) to insert or add words; but such omission or insertion of words shall not have the effect of introducing a new proposal into or of negativing the motion before the Local Authority.

(6) If an amendment be rejected, other amendments may be moved on the original motion.
If an amendment be carried the motion as amended shall take the place of the original motion, and shall become the motion upon which any further amend- ment may be moved.

(7) A further amendment shall not be moved until the Local Authority shall have disposed of every amendment previously moved.
(8) A member shall not speak more than once on any motion except to move a further amendment or on any amendment, except in the exercise of the right of reply given by by-law 14, or on a point of order, or by way of personal explanation, or to move in so many words " That the question be now put."
(9) A member may at the conclusion of a speech of another member move without comment, " That the question be now put "; " That the debate be now adjourned ' ; or " That the Local Authority do now adjourn "; on the seconding of which the chairman, if in his opinion the question before the meeting has been sufficiently discussed, shall, subject to the right of reply, given by by-law 14, put that motion to the vote, and if it is car- ried, the question before the meeting shall be put to the vote or the subject of debate shall be deemed to be disposed of for that day, or the meeting shall stand adjourned as the case may be.
(10) A member may rise to a point of order or in personal explanation, but a personal explanation shall be confined to some material part of a former speech by him at the same meeting which may have been misunderstood.

A member so rising shall be entitled to be heard forthwith.

B.G.—VoL.

IX-2• 1702 Cap.

150.]

 Local Government.

(11) The ruling of the chairman on a point of order or on the admissibility of a personal explanation shall not be open to discussion.
(12) Whenever the chairman addresses the Local Authority during a debate, a member then speaking or standing, shall resume his seat and the council shall be silent.
(13) A motion or amendment may be withdrawn by the proposer with the concurrence of the seconder and the consent of the Local Authority which shall be signified without dis- cussion, and it shall not be competent for any member to speak upon it after the proposer has asked permission for its with- drawal, unless such permission shall have been refused.
(14) When a motion is under debate no other motion shall be moved except the following— (a) to amend the motion; (b) to postpone consideration of the motion; (c) to adjourn the meeting; (d) to adjourn the debate; (e) to proceed to next business; (f) that the question be now put; (g) that a member be not further heard; (h) that a member do leave the meeting; and (i) that the subject of debate be referred back to a committee.

Disorderly conduct.

12.
If at a meeting any member of the Local Authority in the opinion of the chairman notified to the Local Authority, mis- conduct himself by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly, or offensively, or by wilfully obstructing the business of the Local Authority, it shall be competent for a member to move " That the member named be not further heard," or " That the member do leave the meeting," and the motion, if seconded, shall be put and determined without discussion.
Suspension of sitting.

13.

If, after a motion under the foregoing by-law has been carried and the misconduct or obstruction is continued, and in the opinion of the chairman, renders the due and orderly despatch of business impossible, the chairman in addition to any other powers vested in him, may without question put, adjourn or suspend the sitting of the Local Authority for such period as he in his discretion shall consider expedient.

Local Government.

 [Cap.

150.

 1703 14.


The proposer of a motion shall have a right to reply at the close of the debate upon such motion, immediately before it is put to the vote, or before the motion, " That the debate be now adjourned," " That the Local Authority proceed to the next business," or " That the Local Authority do now adjourn " is put.

If an amendment is proposed he shall be entitled to reply at the close of the debate upon the amendment.
A member exercising the right of reply shall not introduce new matter.

After every reply to which this by-law refers, a decision shall be taken without further discussion.

Right of reply.

15.

A member may with the consent of his seconder and of the Local Authority signified without discussion, alter a motion which he has proposed or of which notice has been given if the alteration is one which could have been moved as an amendment thereto.

16.
16.

No motion to rescind any resolution passed within the preceding six months, and no motion or amendment to the same effect as one which has been negatived within the preceding six months, shall be proposed unless the notice thereof given in pursuance of by-law 7 bears the names of two-thirds of the whole number of members of the Local Authority.
When any such motion has been disposed of by the Local Authority, it shall not be open to any member to propose a similar motion within a further period of six months.

Alteration of motion.

Rescission of preceding resolution.

17.

Every question shall be determined by show of hands and on the requisition of any member the voting on any question shall be recorded so as to show how each member present and voting gave his vote.

Voting.

18.
Voting.

18.

Where there are more than two persons nominated for any position to be filled by the Local Authority, and of the votes given there is not a majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote shall be taken, and so on until a majority of votes is given in favour of one person.

Voting on appoint- ments.

19.

The public shall be admitted to all meetings of the Local Admission of pu blic meetings.
to Authority so far as there is accommodation, but— (a) at any meeting the Local Authority may temporarily exclude the public from such meeting if, owing to the special nature of the business being dealt with or about to be dealt with, they deem such exclusion advisable in the public interest; 1704 Cap.

150.]

 Local Government.

(b) if a member of the public interrupts the proceedings at any meeting the chairman may, after warning, order his removal.
Inspection of books and documents.

Inspection of lands, premises, etc.

General.—Appointment of Committees, etc.

20.

A member of the Local Authority may inspect the accounts of the Local Authority and any document which has been considered by a committee or by the Local Authority and may make a copy thereof or any extract therefrom.

21.
21.

A member of the Local Authority, unless authorised to do so by the Local Authority or a committee, shall not inspect any lands or premises which the Local Authority has the right or duty to inspect, or enter upon, or issue any order respecting any works which are being carried out by or on behalf of the Local Authority.

Appointment of committees.

22.


Subject to any statutory provision, the Local Authority may at the first meeting in each year, appoint such standing committees and may at any time appoint such other committees as are necessary to carry out the work of the Local Authority and may at any time dissolve or alter the membership of a committee.

Proceedings in com- mittee to be confidential.

23.
23.

A member of a committee shall not disclose a matter dealt with by or brought before the committee without its permission until the committee shall have reported to the Local Authority or shall otherwise have concluded action on that matter.

Quorum.

24. Business shall not be transacted at a meeting of any com- mittee unless at least two members of the committee are present.

Voting in committee.

25.


All questions in committee shall be determined by show of hands by a majority of members of the committee present and voting.

Suspension of by-laws.

26.

Any of the preceding by-laws may be suspended so far as regards any business at the meeting where its suspension is moved, but except upon notice of motion duly given in pur- suance of by-law 7 shall not be suspended unless there are present at least two-thirds of the whole number of members of the Local Authority.
Local Government.

 [Cap.

150.

 1705 PART III.—UNDER SECTION 21.

Powers and duties of Country Authorities and their Of* 27.

(1) An ordinary meeting of a Country Authority held once at least in each month for the despatch of bu (2) The time and place of meeting shall be fixed ers.

may be smess.

by the Country Authority.

28.

(1) A special meeting of the Country Authority may be called at any time in writing by the order of the Chairman except on Sundays and on public holidays.
(2) A special meeting of the Country Authority shall be called on the requisition in writing of any three of its members, addressed to the Chairman.

If the Chairman refuses or neglects to hold such meeting within seven days after the requisition has been presented to him, the members may forthwith convene a meeting.

29.

Every meeting of the Country Authority shall be open to the public, unless the Country Authority otherwise directs.

30.
30.

The Country Authority may with the sanction of the Board grant leave of absence for any time, not exceeding three months, to a member.

31.

Whenever it is reported to the Board that any member has been absent without leave from three consecutive ordinary meetings of the Country Authority, or is in arrears for rates for three months after they have become due, the Board may there- upon declare his seat vacant.

Ordinary meetings of Country Authorities.

Special meetings.

Meeting to be open.


Leave of absence.

Absence of member.

32.

Except in case of urgency to be determined by the Chair- man of the Country Authority, notice of each meeting, other than a meeting fixed by adjournment, specifying the time and place of the intended meeting and the business to be transacted, shall be given in writing by the Chairman or Overseer or Clerk to the Country Authority to each member at least three days before the day of meeting.

Notice of meeting.
Notice of meeting.

Rules of Order and Debate at meetings of Country Authorities.

33.

(1) Minutes of the proceedings of the Country Authority shall be kept in a book provided for that purpose.

(2) The names of the members present at any meeting, as well as those voting on each motion on which a division is taken, shall be recorded in the minutes, so as to show whether each vote given was for or against the motion.

Minutes of proceedings.

1706 Cap.

150.]

 Local Government.


Confirmation of minutes.

34.

(a) The minutes of each meeting of the Country Authority shall be read at the commencement of the business at the next succeeding meeting, and the question of their confirmation shall then be put.

(b) No debate shall be allowed on such question except as to the accuracy of the minutes as a record of the business transacted at the previous meeting.

(c) The minutes, when confirmed, shall be signed by the Chairman presiding.
Mode of transacting business.

35.

(1) Unless the Country Authority otherwise orders, all the business on the agenda at any meeting may be transacted without any formal motion made for that purpose.
(2) If the Country Authority orders that any matter shall be considered on a formal motion made for that purpose, or if any member desires to submit a motion on any matter, the following rules shall apply, that is to say— (a) The motion shall be reduced to writing and handed to the Overseer or Clerk or Chairman of the Country Authority.

(b) The Country Authority may require that a motion shall not be considered unless notice of it has been given at a previous meeting.
(c) A motion when made shall not be further discussed, unless it is seconded by some member other than the mover.

(d) Any amendment may be proposed to a motion or to an amendment to a motion, but shall not be further discussed unless it is seconded by some member other than the mover of the amendment.
(e) A member shall not be entitled to speak, except by way of explanation, more than once on any motion: Provided that— (i) The mover of an original motion shall have the right of reply at the conclusion of the debate; and (ii) Every amendment shall be regarded as a fresh motion; and (f) On the conclusion of the debate, the question shall be put on the amendments, if any, in the inverse order to that in which they were moved, and, if all the amendments are lost, the original motion shall then be put.
Mode of address.

36.

Every member shall, unless the Country Authority other- wise orders or allows, speak standing, and shall address the Chairman.

Local Government.

 [Cap.

150.

 1707 37.

(1) No member shall interrupt another when speaking, except by rising to order.

(2) A member rising to order shall direct attention to the point which he desires to bring to notice and submit it to the decision of the Chairman.

Question of order.

38.


If two members rise to speak at the same time, the Chairman shall call upon one of them to address the meeting.

Case of two members rising.

39.

Any motion which has been discussed and lost shall not be again brought up for consideration until the expiration of six months thereafter.

Case of motion lost.

40.


Any member being in a minority on a division, may require that a protest in writing, handed by him to the Clerk or Overseer or Chairman at the same or the next succeeding meeting, be recorded on the minutes.

Recording of dissent.

41.

In any case of urgency, to be determined by the Chairman, any of the preceding rules of order and debate may, on motion duly made, without notice, be suspended for the purpose of accelerating business.

Suspension of rules.

42.


The Chairman shall be the sole judge of order at any meeting of a Country Authority.

Judge of order.

The Quorum of Committees of a Country Authority.

43.

Two members of any Committees appointed by a Country Authority shall form a quorum at any meeting.

Committees of Authority.

PART IV.—UNDER SECTION 21.

The Management and Administration of Districts.

44.
44.

(1) The Chairman shall be responsible for the conduct of all correspondence between the Local Authority and the district commissioner or any other person; and all correspondence shall be laid by him before the Local Authority at its next meeting.

(2) The Chairman shall forward to the district commissioner any documents which a member may desire to be so forwarded.
(3) All correspondence requiring to be laid before the Board from any proprietor or resident relating to district matters shall be sent through the Chairman to the district commissioner, to be laid by him before the Board.

Conduct of correspond- once.

1708 Cap.

150.]

 Local Government.

Direction of officers.

Leave of absence.

Prohibition of payment of member.

Giving of receipts.

Mode of ordering supplies, stationery, etc.

Books to be kept.

45.


(1) No member, other than the Chairman, shall give orders to any person employed by the Local Authority for any work in or in connection with the district.

Subject to the control of the Local Authority every officer shall be directly under the order and direction of the Chairman.

(2) In the case of the temporary absence from the district of the Chairman, the Local Authority shall appoint one of their members to act for him, unless otherwise ordered by the Board.

46.
46.

The Local Authority may with the sanction of the Board grant leave of absence for any time, not exceeding three months, to a member.

47.

No member shall be paid for his services as such, but the Chairman or any member deputed by the Chairman when travelling on business in connection with the Local Authority, may be allowed by the district commissioner his actual travelling expenses and a sum not exceeding one dollar per diem as personal allowance.

48.
48.

No receipt for rates or other district moneys collected shall be given otherwise than on the form approved by the Board and taken from the book provided for that purpose.

49.

Every description of materials, books, stationery or other supplies required for the service of any Local Authority exceed- ing in value five dollars at any one time or twenty dollars in any one year shall be requisitioned for by the Chairman through the district commissioner.

50.
50.

In every district the Local Authority shall keep such books as the Board may direct, and the same shall be in the custody of the overseer, or such other person appointed by the Local Authority with the approval of the Board.

Such custodian shall be responsible for their accuracy and safe keeping.

Numbering of lots.

51.


Every proprietor shall when required by the Local Authority keep the number of his lot distinctly marked on some conspicuous place on the lot, to the satisfaction of the Local Authority.

Contract and work by member.

52.

No member of a Country Authority shall be allowed to enter into a contract for any work to be performed in the district for which he is a member, without the consent in Local Government.

 [Cap.

150.
[Cap.

150.

 1709 writing of the district commissioner; but it shall be lawful for any member of a Country Authority to work as a journeyman, artisan or labourer on any district work.

PART V.—UNDER SECTION 93.

Cutting wood on Common Lands.

53.

(1) No person shall cut or remove wood from the common lands of any district without the permission in writing of the Local Authority.

Permission to cut and remove wood.


(2) Any such permission shall contain the conditions under which it is granted and may be withdrawn at any time by the Local Authority.

UNDER SECTION 95.

Fishing or Mooring of Bateaux.

54.

(1) Fishing of any kind is prohibited in the fresh water trenches of any district.

Fishing in fresh water trenches.

(2) It shall not be lawful for any person to fish except with rod and line in any other trench situate within the township of any district.
(3) No boat, punt, bateau or other craft shall be moored in any trench in any district except in places set apart for that purpose.

(4) The Local Authority may close any trench against traffic after notice posted in some conspicuous place in the district thirty-six hours prior to the closing of any such trench.

Prevention of traffic in trenches.

UNDER SECTION 141.

55.


(1) No person shall draw water from a fresh water trench, or reservoir in any district for the purposes of trade or agricul- ture, except with the permission of and under conditions laid down by the Local Authority in writing.

Regulation of issue and prevention of waste water.

(2) The Local Authority may at any time cancel any permis- sions granted under subsection (1) of this section.

UNDER SECTION 144.

Regulation of Trades.

56.


No machinery shall be erected in any district without the R egulating trades.

consent of the Local Authority.

1710 Cap.

150.]

 Local Government.

Regulating slaughter houses.

UNDER SECTION 146.

Regulation of Slaughter Houses.

57.


(1) In every district where the Local Authority establishes a slaughter house, no person shall kill or slaughter within such district, any bull, ox, cow, steer, heifer, calf, sheep, lamb, goat, kid or swine, intended for human consumption, except at and within the slaughter house established for that purpose.
(2) It shall not be lawful for any person to take ally animal into the slaughter house for the purpose of being slaughtered until such animal has been examined and approved of by an officer of the Local Authority.

(3) Every person having animals in the slaughter house shall be bound to feed the same.

(4) Upon and.
for every animal for which application for admission into the slaughter house premises shall be made, there shall be levied and paid to the Local Authority before admission, such charges as may be fixed by such Authority with the approval of the Board and the Authority shall keep a register of all animals admitted into the slaughter house premises specifying their kind, sex, colour, mark, brand and the names and places of abode of the persons, (a) bringing the same; (b) from whom purchased; (c) to whom they belong.
Application.

PART VI.

—UNDER SECTION 21.

58.

Parts I., IV.

and V. of these by-laws shall apply to all Local Authorities.

Part IL shall apply to all Village Councils and such Country Authorities as, by resolution, may adopt it with the approval of the Local Government Board.

By-law 31 of Part III.

shall also apply to such Country Authorities as, by resolution, may adopt it.

Part III.

shall apply to Country Authorities which have not adopted Part II.

Penalties for breach of by-laws.


UNDER SECTION 219.

59.

Any person failing to comply with or committing a breach of any of the by-laws in Part V. shall on summary conviction be liable to a penalty not exceeding fifty dollars and in case of a continuing offence to a further penalty not exceeding ten dollars for each day during which failure to comply with a written notice by the Local Authority continues.

Local Government.

[Cap.

150.

 1711 THE DISTRICT BY-LAWS,* 1911.


Relating to Districts under the superintendence of the Local Government Board made by the Local Government Board and approved by the Governor and Court of Policy on the 2nd October, 1911.

1.

These by-laws may be cited for all purposes as the Districts By-laws, 1911.

2.
2.

In these by-laws— " the local authority " means a village council, country authority or rural sanitary authority; " lot " includes any portion of a lot; " township lot " means a lot in any portion of a district, the boundaries of which have been defined as such by the Local Government Board; " district " means any village, country or rural sanitary district.

By-laws 2nd Oct., 1911.

Short title.

Interpreta- tion.

3.


Except for the purpose of drainage, sanitation or dry cultivation no person shall dig earth within any township lot in such a manner as to lower any part of the surface thereof, without first obtaining permission in writing from the local authority.

Ponds, etc.

4.

(1) All water closets, earth closets and privies shall be constructed and maintained by the owner to the satisfaction of the local authority, and shall be placed as the local authority may direct.
Erection of closets.

(2) The contents of every cesspit shall be emptied and removed whenever the local authority so directs.

Lime or other substance approved by the Committee shall be applied to the contents before removal.

5.
5.

Any person failing to comply with, or committing a breach of, or an offence against these by-laws shall on summary con- viction be liable to a penalty not exceeding fifty dollars, and in case of a continuing offence to a further penalty not exceeding ten dollars for each day during which failure to comply with a written notice by the local authority continues.

Penalties.
Penalties.

* Some of the original by-laws of 1911, with additions made in 1917, will be found under the Public Health Ordinance (Chapter 145 supra).

1712 Cap.

150.]

 Local Government.

DISTRICTS MARKET BY-LAWS.

ARRANGEMENT OF BY-LAWS.

BY-LAW.

1.

Short title.

2.

Interpretation.

3.

Control of market.

4.

5.

Hours of opening.

Supervisor to keep accounts.

MARKET.

STALLS.

6.

Hire of stalls.

7.

Removal of property left in stalls.

8.

Stall to be kept clean.

9.


Cleansing of meat stalls, etc.

MISCELLANEOUS.

Inspection of stalls.

10.

Selling at stalls only.

11.

Unwholesome articles.

12.

13.

Assault or obstruction of officer.

14.

Badges.

15.

By-laws to be exhibited.

16.

Non-liability of Local Authority.

MARKETS.

By-laws Sth Nov., 1929.


BY-LAWS for regulating markets in Districts under the administration of the Local Government Board made by the Local Government Board under the (repealed) Local Government Ordinance, 1907,* and confirmed by the Legislative Council on the 8th November, 1929.

Short title.

1.

These by-laws may be cited as the Districts Market By-Laws, 1929.

Interpreta- tion.

2.


In these by-laws, unless the context otherwise requires the following expressions shall have the meanings hereby assigned to them:— * Section 222 (2) of the present Local Government Ordinance (Cap.
150) provides that * * the repeal " shall not affect the validity * * (c) of the Districts Markets By-laws, 1929, in so far as the by-laws, could have been made under corresponding provisions of this Ordinance, and the by-laws to that extent shall continue in force notwithstanding such repeal and shall have effect as if they were by-laws made under the authority of this Ordinance and may be amended, varied, revoked or enforced accordingly."
* * * * * * * Local Government.

 [Cap.

150.
1713 " market " means any market-place provided in any district with the consent of the Board for the sale of any article and includes any premises or buildings used in con- nection therewith; " Local Authority " means the Local Authority of the district in which a market is situated; " supervisor" means a person appointed by the Local Authority to collect fees and exercise all the powers under these by-laws for the proper control of the market; " stall " includes counter, bench stand or other erection and any space set apart for the reception of any articles for sale; " fees " includes tolls, rates, dues, rents and other imposts in relation to any market; " article " means any foodstuffs, commodities or fuel; " fresh meat " means unsalted beef, veal, goat's flesh, mutton, lamb, pork, tripe and flesh from any freshly killed animal used for human food, and includes what is locally known as " corned meat "; " fresh fish " means all fish not salted, smoked or dried.
MARKET.

3.

Each market provided shall be under the control and supervision of a supervisor who shall exercise his functions subject to the direction of the Local Authority.

4.

The supervisor shall keep a correct account of all fees and revenues accruing to the market and shall pay in weekly, or oftener if required by the Board, to the Secretary to the Board all moneys received by him.

He shall also keep a register of all persons renting stalls.

Control of market.

Supervisor to keep accounts.

5.


Each market shall be opened and closed at such hours as may be declared by the Local Authority with the approval of the Board.

Hours of opening.

STALLS.

6.

(1) The tenancy of every stall shall be by the day, week or month as the Local Authority may from time to time direct and the rent shall in all cases be payable in advance.

In default of payment the tenant if in possession may be forthwith ejected by the supervisor.

Hire of stalls.
Hire of stalls.

(2) No tenant shall be permitted to sublet any stall occupied by him or any part thereof.

1714 Cap.

150.]

 Local Government.

Removal of property left in stalls.

7.

If a tenant of a stall on giving up possession or being ejected shall not forthwith remove all property belonging to him therein, the same may be removed by the supervisor.

Stall to be kept clean.

8.


(1) Every tenant shall at all times keep his stall and the front, rear and sides thereof clean and free from all offal, filth or garbage of any kind, and shall each day before the closing of the market properly clean his stall.
(2) In the event of any tenant refusing or neglecting so to do the supervisor shall cause such stall to be cleaned and the expenses incurred in so doing may be recovered by him from such tenant who in addition shall be liable to a penalty not exceeding ten dollars for every such refusal or neglect.

(3) The supervisor shall see that all the stalls are cleaned every day before the closing of the market.
(4) The supervisor shall also see that adequate receptacles are provided for the use of stall-holders and that suitable pro- vision be made for the emptying and cleansing of such recep- tacles and for the final and proper disposal of all rubbish.

Cleansing of meat stalls, etc.

9.


Every person selling fresh meat or fresh fish in a market as soon as he shall have finished his business for the day or before closing time of the market shall thoroughly cleanse his counter, stall, and the scale and weights which shall have been in use by him, and every person who fails to comply with this by-law shall be liable to a penalty not exceeding ten dollars.

Selling at stalls only.

MISCELLANEOUS.

10.


No person shall offer or expose for sale any article in the market except at some stall rented by him.

Every person committing a breach of this by-law may be summarily ejected by, or by the direction of, the supervisor and shall be liable in addition to a penalty not exceeding ten dollars: Provided that this clause shall not apply to a person acting on behalf of a stall-holder and selling at the stall rented by such stall-holder.

Unwhole- 11.
Unwhole- 11.

(1) All meat or fish, fresh or otherwise, poultry, vege- some articles.

tables, fruit or other articles offered or exposed for sale in the market or found therein which in the opinion of the supervisor or any sanitary inspector is or are of a bad or unwholesome quality shall be seized by either of them and dealt with as the law directs, viz., by applying for a Justice's Order to condemn and dispose of as he thinks fit.

• Local Government.

[Cap.

150.


 1715 (2) The supervisor shall enter in a book to be kept for that purpose particulars of any article so seized and shall provide such information as may be necessary to enable the Local Authority to institute proceedings.

12.

The supervisor or any person authorised in writing by the Local Authority or any sanitary inspector may at all times enter and inspect any stall in the market for the effective obser- vance and enforcement of these by-laws.
Inspection of stalls.

13.

Every person who assaults or obstructs any person authorised to perform any duty under these by-laws shall be liable to a penalty not exceeding twenty-four dollars.

Assault or obstruction of officer.

14.

Badges will be issued by the Local Authority to be worn by persons who deliver articles sold in the market by a registered stall-holder; the supervisor will be responsible for seeing such articles before leaving the market.

Badges.

15.
Badges.

15.

A printed copy of the by-laws shall be exhibited in some By-laws to be exhibited.

conspicuous place in the market.

 16.

The Local Authority will not be responsible for loss by damage, theft or otherwise of any article left unattended within the market.

Non-liability of Local Authority.

Other By-laws made under the Local Government Ordinance will be found, some under the Public Health Ordinance (Cap.

145, supra), some under the Georgetown Town Council Ordinance (Cap.
152, infra), and some under the New Amsterdam Town Council Ordinance (Cap.

161, infra).

B.G.—Vol.. IX-3